City of Gordon December 10, 2020 Minutes

Notice of the meeting was given in advance by publication in the Sheridan County Journal Star, the designated method for giving notice as shown by the affidavit of publication on file in the City Clerk’s office.  Agendas of the meeting were simultaneously given to the Mayor and all members of the Council.  All proceedings hereafter shown were taken while the convened meeting was open to the attendance of the public.

A meeting of the City Council of the City of Gordon was called to order at 6:00 p.m., Dec. 10, 2020. The format of the meeting was by teleconference due to the COVID-19 pandemic and Governor Ricketts executive order issued in November 2020.  The Mayor noted the location of the Open Meetings Laws poster.

Present: Bounous, Paul, Russell and Grant. Evans was not present for roll call, but joined the meeting immediately after.

Absent: No one. 

Motion by Grant, seconded by Evans to approve the minutes of the November 12, 2020 meeting.  Ayes:  Evans, Paul, Russell, Grant, and Bounous.

Motion by Evans, seconded by Paul to approve the October 2020 Treasurer’s Report.  Ayes:  Paul, Russell, Grant, Bounous, and Evans.

The November 2020 Treasurer’s Report was not available from Gardner, Loutzenhiser and Ryan as the audit is still in process.

Motion by Paul, seconded by Grant to approve the bills.  Ayes: Russell, Grant, Bounous, Evans and Paul.

Abbreviations for the legal:  EX, Expense; FE, Fee; GR, Groceries; MI, Mileage; RE, Reimbursement; RPT, Report; SA, Salaries; SE, Services; SU, Supplies. 

PAID BILLS, EFTPS, Ally, EX; $562.39, EFTPS, Ally, EX; $523.52, EFTPS, Fleet Services, SU; $1,000.92, EFTPS, FNBO, FE; $251.24, EFTPS, NE Dept of Revenue, RE; $4,969.78, EFTPS, Xerox, EX; $91.34, EFTPS, Xerox, EX; $713.62, INS1091, Travelers, EX; $2,141.00, 49851, Payroll Fund, SA; $33,707.84, 49915, Amazon.com, SU; $327.32, 49916, Hannah Calkins, RE; $40.00, 49917, DAS State Accounting, SA; $77.00, 49918, Scott Fisher, RE; $50.00, 49919, Cengage, SU; $292.12, 49920, Ingram, SU; $189.71, 49921, Library Petty Cash, SU; $49.61, 49922, Lookout Books, SU; $68.97, 49923, NWRPPD, SE; $3,640.75, 49924, Natl Assoc SRO’s, SE; $445.00, 49925, Xerox, EX; $111.43, 49926, Aaron Yauney, RE; $100.00, 49927, Clyde Lefler, RE; $100.00, 49928, Payroll Fund, SA; $34,958.38, 49929, Abraham Fish, RE; $64.75, 49930, Airport Bond Savings, RE; $246.71, 49931, Airport Authority, RE; $300.96, 49932, City of Gordon, RE; $63.90, 49933, Don Weidemann, RE; $71.35, 49934, Madison National Life, EX; $67.79, 49935, NPPD, SE; $51.17, 49936, NDOT- Board of Examiners, FE; $100.00, 49937, Blackhills Energy, SE; $1,374.21, 49938, Special Assessment Bond Fund, RE; $409.20, 49939, USPS, SE; $169.40, 49940, Verizon, SE; $80.02, 49941, BC/BS, EX; $14,071.69, Total December Paid Bills; $101,483.09

UNPAID BILLS

49942, Air Med Care Network, EX; $195.00, 49943, Beguin Vet Service, RE; $20.00, 49944, Dan Bishop, RE; $50.00, 49945, Shelby Colwell, RE; $50.00, 49946, Tony Bishop, RE; $50.00, 49947, City of Chadron, EX; $45.00, 49948, Customized Billing, SE; $300.00, 49949, Hannah Calkins, RE; $50.00, 49950, Joe Carr, RE; $50.00, 49951, Emergency Medical Products, SU; $1,022.87, 49952, Eagle Chevrolet, SU; $24.52, 49953, Enviro Service, Inc, SE; $22.00, 49954, First National Bank of Omaha, SU; $810.31, 49955, Scott Fisher, RE; $50.00, 49956, Ford Motor Credit, EX; $374.09, 49957, Frontier Service & Supply, SE; $3,532.12, 49958, Great Plains Communications, SE; $1,630.92, 49959, Grocery Mart, SU; $77.50, 49960, Greenamyre Contractor, SE; $600.00, 49961, General Fund Money Market, EX; $12,000.00, 49962, Hinn’s Auto Supply, SU; $1,304.11, 49963, Homestead, SU; $295.02, 49964, Police Chiefs Assoc of NE, FE; $30.00, 49965, Hawkins, SU; $922.90, 49966, Clay Heath, RE; $50.00, 49967, Johnson Hardware Co, SU; $340.20, 49968, Kustom Rock, SU; $15.00, 49969, Gardner, Loutzenhiser & Ryan, SE; $800.00, 49970, Lee’s Repair, SE; $298.00, 49971, Brandon Mika, RE; $50.00, 49972, McLeod’s, SU; $272.96, 49973, Joe McGough, RE; $50.00, 49974, NPPD, SE; $5,974.37, 49975, NE Total Office, SU; $99.06, 49976, NW Pipe Fittings, SU; $644.70, 49977, NW Community Action, EX; $192.93, 49978, NE City Managers Assoc, FE; $100.00, 49979, NCI, SU; $280.95, 49980, Verizon Connect, SE; $80.95, 49981, One Call Concepts, SE; $158.40, 49982, Sam Piper, SE; $50.00, 49983, Petty Cash, RE; $210.85, 49984, Police Officers Assoc of NE, FE; $105.00, 49985, Shane Pascale, RE; $50.00, 49986, Pollardwater, EX; $811.71, 49987, Reina’s Welding, SE; $495.75, 49988, NE Public Health Env Lab, SE; $48.00, 49989, Glen Spaugh, RE; $50.00, 49990

Dan Sasse, RE; $50.00, 49991, Sheridan County Journal Star, SE; $112.92, 49992, Smith, King, Simmons, & Conn, SE; $488.75, 49993, True Value, SU; $916.27, 49994, Triangle Electric, SE; $1,020.00, 49995, USPS, EX; $178.00, 49996, Rocky Mountain Air Solutions, SU; $112.27, 49997, USEMCO, Inc, SU; $188.58, 49998, Westco, SU; $973.45, 49999, Water Reserve Fund, EX; $1,716.00, 50000, Water/Sewer Bond Fund, EX; $17,200.00, 50001, Water/Sewer Bond Fund, EX; $5,500.00, 50002, Kevin Wolkins, RE; $50.00, 50003, Wreck A Mended, SU; $95.00, 50004, Keith Wolkins, RE; $50.00, 50005, Xerox, SU; $121.00, Total December Unpaid Bills; $63,507.43, Total December Paid Bills; $101,483.09, Total December Bills; $164,990.52

Councilmember Kelly Grant and Councilmember James Paul were re-elected in the November General Election. Due to the format of the meeting, Mayor Russell could not conduct an in-person swear-in, so they each read their oath of office for those connected to the teleconference meeting.

Motion by Bounous, seconded by Evans to re-elect Nancy Russell as Mayor and Kelly Grant as Vice-Mayor. Ayes: Grant, Bounous, Evans, Paul, and Russell.

City Attorney Dennis King joined the meeting to present council with a counter offer from Butch Stanko regarding the water line at his property located at 108 East Second Street. In his counter offer, he agreed to pay for the replacement of the water line, and for the filling in of the excavation areas but does not believe that he should be responsible for any of the paving that will need to be completed on the street. In his opinion, the street repair is the responsibility of the city. The City of Gordon Municipal Code clearly states that all repairs to pipe, except the main, are the property owner’s responsibility. The code also states that any repairs to the street which are necessary, due to excavation of the property owner’s service line, are the responsibility of the property owner. After lengthy discussion, motion by Paul, seconded by Evans to reject Mr. Stanko’s counter offer, and require him to replace the lead line at 108 East Second and complete all necessary repairs to the street before water service is restored. Ayes: Bounous, Evans, Paul, Russell, and Grant.

Currently, the City of Gordon does not have an ordinance setting rules for the Gordon Municipal Cemetery. Ordinance 1202 will establish the rules necessary to avoid confusion regarding all aspects of the operation of the cemetery. Motion by Bounous, seconded by Grant to pass Ordinance 1202. Ayes: Evans, Paul, Russell, Grant, and Bounous.

CITY OF GORDON, NEBRASKA

ORDINANCE NO. 1202 

AN ORDINANCE OF THE CITY OF GORDON, NEBRASKA AMENDING ORDINANCE 2-507 TO REQUIRE BURIAL PERMITS FOR CREMATION REMAINS AND TO PROVIDE FOR A PENALTY; ESTABLISHING REGULATIONS FOR THE USE AND PRESENCE OF FLOWERS AND DECORATIONS IN THE CITY CEMETERY; ESTABLISHING HOURS OF OPERATION AND PENALTIES, AND AN EFFECTIVE DATE;

RECITALS

WHEREAS, the City of Gordon, Nebraska owns and manages the Gordon Cemetery; and  

WHEREAS, in the interest of keeping areas in and around gravesites clear for mowing, tree trimming and such general maintenance as may be necessary, the City of Gordon desires to establish guidelines for the use and presence of flowers and decorations in such cemetery; 

WHEREAS, the City of Gordon further desires to establish hours or operation for the Gordon Cemetery; 

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GORDON, NEBRASKA:

Section 1. That Chapter 2, Article 5, Section 2-507 of the Ordinances of the City of Gordon shall be amended as follows:  

Section 2-507: CEMETERY; BURIAL PERMIT

A. All persons desiring to bury a deceased person shall first be required to file a completed death certificate with the registrar of the county before the body may be buried in the city cemetery. If it is impossible to complete the certificate of death within the legal period of time prescribed by state law, the funeral director shall notify the registrar and obtain written approval before the deceased person may be buried in the cemetery. The burial permit so issued by the registrar shall then be filed with the city clerk. It shall be unlawful for the sexton or other person to allow the interment of a body, or remains thereof, without first receiving such permit. The burial permit shall then be countersigned and dated by the sexton.  

B. The applicant shall also file with the burial permit an application containing the name, age, sex, race, and cause of death of the deceased person for the records of the city manager. Upon completion of the requirements herein, the manager shall then issue a city burial permit, which shall entitle the applicant to bury a deceased person in the city cemetery. The interment of a body shall be performed under the direct supervision of a licensed funeral director. In the event that removal of the body of any deceased person is requested, the manager shall issue no permit until the applicant shall have first complied with state laws with respect to such disinterment.  (Neb. Rev. Stat. §71-605)

C. All persons desiring to bury the cremated remains of a deceased person in the Gordon Cemetery shall submit to the City Clerk an application containing the name, age, sex, race, and cause of death of the deceased person for the records of the city manager.  Upon completion of the requirements provided for herein, the city manager shall then issue a city burial permit for cremated remains which shall entitle the applicant to bury such remains in the city cemetery.

D. Any person who shall violate or refuse to comply with the enforcement of any provision of this section shall be deemed guilty of a misdemeanor and upon conviction shall be sentenced to a fine of $500. 00. 

Section 2. That Gordon City Ordinance Section 2-511 shall be established and added to Chapter 2, Article 5 of the Gordon City Ordinances as follows: 

Section 2-511: CEMETERY; PRESENCE OF FLOWERS AND DECORATIONS

Flowers and decorations shall be allowed on the day of funeral and burial at the gravesite where such funeral and burial shall occur. 

Flowers and decorations may be present and shall be allowed to remain on any or all gravesites for a period commencing ten (10) days prior to the following described holidays and terminating ten (10) days thereafter, as listed:  

Holiday Removal Date

Easter- Ten (10) days after Easter 

Memorial Day- Ten (10) days after Memorial Day

Veteran’s Day -Ten (10) days after Veteran’s Day

Christma- Ten (10) days after Christmas (including wreaths)

Any flowers or decorations remaining after ten (10) days from the holiday listed, or after the date of any funeral, will be subject to removal by the City.  

Flowers and decorations include, but are not limited to, any flower or plant, whether fresh or artificial, any wreath, sign, shepherd’s hooks or garden hooks, toys, ceramic statues or flower pots, or any other ornament, adornment or decoration. 

Veterans organizations’ metal markers shall be allowed to remain at gravesites at all times and are not subject to removal so long as such markers are placed at the base or foundation of the marker, monument or headstone on such grave. 

Solar lights shall be allowed to remain at gravesites year round so long as such light is located or placed immediately adjacent to the monument base. 

Artificial flowers placed in vases which are attached to, or otherwise built into a headstone or monument base may remain throughout the year so long as such flowers do not otherwise violate the provisions of this section. 

No wire or glass shall be allowed at any time. The City of Gordon shall have authority to remove any flowers or decorations which become unsightly, dangerous or detrimental to the overall appearance of the cemetery, or which are otherwise in violation of the provisions of this ordinance at any time including during the holiday time periods identified herein. No person may plant any flowers, shrubs, trees or other plants in any burial space in the cemetery. 

The City of Gordon shall not be liable for any lost, broken or removed flowers, vases and decorations. 

Section 3. That Gordon City Ordinance Section 2-512 shall be established and added to Chapter 2, Article 5 of the Gordon City Ordinances as follows: 

Section 2-512: CEMETERY; HOURS OF OPERATION

The Gordon Cemetery shall be open to the public every day of the year from dawn to dusk. No person or vehicle shall be within the cemetery except during operating hours. Pets are not allowed in the Gordon Cemetery at any time. 

Any person who shall violate or refuse to comply with the enforcement of this section shall be deemed guilty of a misdemeanor and upon conviction shall be sentenced to a fine of $250.00. 

Section 4. This ordinance shall become effective on the date passage.  

PASSED AND APPROVED AND ORDERED PUBLISHED this 10h day of December, 2020.  

CITY OF GORDON, NEBRASKA

ATTEST:

/s/ Nancy Russell, Mayor

_/s/ Kim Buchan, City Clerk

Motion by Bounous, seconded by Grant to waive 2nd and 3rd readings of Ordinance 1202. Ayes: Paul, Russell, Grant, Bounous, and Evans.

Motion by Paul, seconded by Evans to approve the Maintenance Agreement with the NE Department of Transportation. City Manager Glen Spaugh stated that there were no changes from the previous year. Ayes: Russell, Grant, Bounous, Evans, and Paul.

Motion by Evans, seconded by Paul to approve the December 2020 board appointments and to thank them for their service to the community. Ayes: Grant, Bounous, Evans, Paul, and Russell.

PLANNING COMMISSION (3-YR TERM) NEW APPOINTMENT WILL EXPIRE DEC 2023

Tony Meyer

Janet Skinner

Brian Reinholz

HUMAN RELATIONS (3-YR TERM) NEW APPT WILL EXPIRE DEC 2023

Sonya Plenty Wounds

Leon Little Moon

BOARD OF ADJUSTMENT (3-YR TERM) NEW APPT WILL EXPIRE DEC 2023

Mike Winter

Cheryl Ginkens

PERPETUAL CARE BOARD (3-YR TERM) NEW APPT WILL EXPIRE DEC 2023

Alyssa Dehart 

POLICE REVIEW BOARD (3-YR TERM) NEW APPT WILL EXPIRE DEC 2023

Ben Criss

Janet Skinner

BOARD OF HEALTH (ALL MEMBERS ONE YR TERM) NEW APPT WILL EXPIRE DEC 2021

Nancy Russell (Mayor)

Glen Spaugh (City Manager)

Clay Heath (Chief of Police)

Candy Allison (Citizen)

Gordon Hospital Administrator and his/her designee

Council was given two bids for the replacement of the boiler at the swimming pool. Triangle Electric’s bid was $15,640 and Rasmussen Mechanical Service’s bid was $16,635. After some discussion, motion by Bounous, seconded by Paul to award the bid to Triangle Electric and to have City Manager Spaugh facilitate the replacement as soon as possible. Ayes: Bounous, Evans, Paul, Russell, and Grant.

Deputy Clerk Shelby Reynolds presented to council two options for electronic payroll time keeping for the city. Currently, payroll is entered from paper time sheets that are filled out by the employee and approved by the supervisor. Electronic time keeping will automatically import employee’s hours into the payroll software, eliminating the possibility for human error and streamlining the payroll process. After some discussion, motion by Bounous, seconded by Paul to adopt the GWorks electronic time keeping software and implement it into the payroll system for the city. Ayes: Evans, Paul, Russell, Grant, and Bounous.

City Manager Glen Spaugh was approached by a representative from ArchiveSocial, a company that archives all social media activity engaged in by the city. All social media activity produced by the City of Gordon is public record. The City of Gordon Facebook posts are created by City Manager Spaugh, who keeps a copy of each one in a computer file. City Manager Spaugh stated to council that he wanted them to be aware of this software, but that it may not be critical, due to the low volume of posts that are created on a monthly basis and that there is fairly easy access to postings since the information is saved. No action was taken on this item.

Motion by Grant, seconded by Evans to pass Resolution 2020-25. Ayes: Evans, Paul, Russell, Grant, and Bounous.

RESOLUTION NO. 2020-25

A RESOLUTION DESIGNATING A MONEY MARKET ACCOUNT FOR THE CITY OF GORDON ENTITLED “INFRASTRUCTURE SALES TAX MONEY MARKET”.

WHEREAS,  a majority of the electors of the City of Gordon, Nebraska voting in a special election held on May 11, 1982 and based upon the approval of a majority of electors of the City of Gordon, Nebraska voting in the primary election held on May 12, 2020, pursuant to the Nebraska Revenue Act of 1967 and the Nebraska Local Option Revenue Act, a sales and use tax of one and one-half percent (1½ %) is imposed within the corporate limits of the city upon the same transactions on which the State of Nebraska is authorized to impose such a tax, and of said amount, 66.6667 % shall be allocated to the Police Department within the general fund and 33.3333% shall be allocated within the general fund for use in the construction, repair and/or maintenance of municipal infrastructure within the city, and 

WHEREAS, it is necessary to keep the funds collected for use in construction, repair and/or maintenance of municipal infrastructure within the city separate from other funds expended by the City of Gordon.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Gordon, Nebraska, that the City Clerk may open an interest-bearing money market account at the First National Bank of Gordon entitled “INFRASTRUCTURE SALES TAX MONEY MARKET”, and that the City Manager, the Mayor and the City Clerk be the designated signers.

Passed and approved this 10th day of December, 2020.

ATTEST:  _/s/ Nancy I Russell, Mayor

_/s/ Kim Buchan, City Clerk

City Manager Spaugh presented council with his December Manager’s report. No action was taken on any items included in the report. Items were as follows:

1. City Attorney Jamian Simmons is working on the property trade with the Gordon Community Development Corporation. It is still in the research phase, but it looks like this will be possible.

2. Bill Zwiebel was interested in purchasing property owned by the city. This property is currently part of Fairview Park, and because of a prior NE Game and Parks grant, the only way to sell this property would be to make the same amount of property in Gordon into a park. This is not possible at this time.

3. The Animal Control officer project is still in progress.

4. The reporting software currently used by the police department will no longer be available after December 31, 2020. Chief Clay Heath is working on finding a replacement. The cost for the replacement software is projected to have a slight increase, in cost, over the program which is being discontinued.  

With no further business, motion by Bounous, seconded by Paul to adjourn at 7:24 pm. Ayes: Russell, Grant, Bounous, Evans, and Paul.

_/s/ Kim Buchan, City Clerk

__/s/ Nancy I Russell, Mayor

  I, the undersigned, City Clerk for the City of Gordon, Nebraska hereby certify that the foregoing is a true and correct copy of the proceedings had and done by the Mayor and Council on December 10, 2020; that all of the subjects included in the foregoing proceedings were contained in the agenda for the meeting, kept continuously current and available for inspection at the office of the City Clerk;  that such subjects were contained in said minutes of the Mayor and Council of the City of Gordon from which the foregoing proceedings have been extracted were in written form and available for public inspection within ten working days and prior to the next convened meeting of said body; that all news media requesting notification of the time and place of said meeting and the subjects to be discussed at said meeting.

_/s/ Kim Buchan,  City Clerk

Published: December 16, 2020