The Mayor and City Council of the City of Bayard, County Morrill, State of Nebraska met in regular
session in the Council Chambers located at 445 Main Street, in the City on the 9th day of December, 2008
at 7:00 P.M. Notice of the meeting having been published in the Bayard Transcript, a newspaper of
general circulation on December 3, 2008. An agenda for the meeting was made available to the Mayor
and each of the Council prior to the meeting. Present were Mayor John Araujo, Council Members Kim
Burry, Don Conklin, Jim Ostdiek, Dick Reifschneider. Council Member Ron Dean was absent from the
meeting. Also present were Michelle Fries, City Clerk; Jennifer Kriha, City Treasurer/Deputy Clerk; Phil
Kelly, City Attorney; Zak Douglass, Chief of Police; Sharon Ulbrich, Librarian; Jason Wilcox, Grounds
Superintendent, Kevin Wurm, Utilities Supervisor, David Williamson, Nursing Home Administrator; and
concerned citizens. There being a quorum of Council Members present, Mayor Araujo called the
meeting to order at 7:01 P.M. with the Deputy Clerk recording the minutes.
Mayor Araujo called the meeting to order and all present voluntarily recited the Pledge of Allegiance.
Council Member Burry moved to approve the agenda. Seconded by Council Member Conklin. ROLL
CALL: AYES: Burry, Conklin, Ostdiek, Reifschneider. NAYS: None. Motion declared carried by Mayor
Araujo.
Mayor Araujo stated that according to the law governing the Open Meetings Act we are required to let
the public know that we have a copy of the Open Meetings Act posted on the door.
The oath was given by Mayor Araujo to East Ward Council Members Michelle Coolidge and Nathan
Edmunds and West Ward Council Members Ron Bentley and Scot Ouderkirk.
Discussion was held on the daily business at the Chimney Rock Villa. Discussion was also held on the
Chimney Rock Villa audit, presented by Doug Kucera, from Schroeder & Schreiner.
Council Member Conklin moved to approve Kim Burry as President of Council. Seconded by Council
Member Bentley. ROLL CALL: AYES: Bentley, Conklin, Coolidge, Edmunds, Ouderkirk. NAYS: None.
Abstained: Burry. Motion declared carried by Mayor Araujo.
Council Member Conklin moved to approve Valley Bank & Trust as the depository for the City of Bayard.
Seconded by Council Member Coolidge. ROLL CALL: AYES: Bentley, Burry, Conklin, Coolidge, Edmunds,
Ouderkirk. NAYS: None. Motion declared carried by Mayor Araujo.
Mayor Araujo made the following appointments: Douglas, Kelly, Ostdiek, P.C., City Attorney; Michelle
Fries, City Clerk/Deputy Treasurer; Jennifer Kriha, City Treasurer/Deputy Clerk; M.C. Schaff & Assoc, City
Engineer; Olsson & Assoc, City Electrical Engineer; Jason Wilcox, Grounds Superintendent; David
Williamson, Chimney Rock Villa Administrator/Treasurer; Paulette Little, Chimney Rock Villa Deputy
Treasurer; Zak Douglass, Chief of Police; Josh Carrizales, Scott Mascher, Stan Tavenner, Police Officers.
Council Member Conklin moved to approve the Mayor’s appointments as stated. Seconded by Council
Member Edmunds. ROLL CALL: AYES: Bentley, Burry, Conklin, Coolidge, Edmunds, Ouderkirk. NAYS:
None. Motion declared carried by Mayor Araujo.
Mayor Araujo made the following appointments for the Standing Committees as follows: Real Estate –
Nate Edmunds & Scot Ouderkirk; Parks – Don Conklin & Kim Burry; Streets & Utilities – Scot Ouderkirk &
Don Conklin; Police – Ron Bentley & Michelle Coolidge; Senior Center – Don Conklin & Kim Burry; Budget
& Finance/City Office – Michelle Coolidge & Kim Burry; Fire Department – Ron Bentley & Nate Edmunds;
Ethanol – Ron Bentley & Scot Ouderkirk; Nursing Home – Nate Edmunds & Michelle Coolidge.
Council Member Conklin moved to approve the appointments for the standing committees as stated.
Seconded by Council Member Burry. ROLL CALL: AYES: Bentley, Burry, Conklin, Coolidge, Edmunds,
Ouderkirk. NAYS: None. Motion declared carried by Mayor Araujo.
Mayor Araujo made the following appointments for the boards as follows: Safety Committee – Zak
Douglass; Community Redevelopment Authority – Michelle Coolidge; PADD Board – Don Conklin; Joint
Committee CRPPD – John Araujo; Twin City Development – Michelle Coolidge. Mayor Araujo asked that
the appointments for the Tree Board and Library Board be placed on the agenda for the January 2009
council meeting.
Council Member Burry moved to approve the Mayor’s appointments as stated. Seconded by Council
Member Ouderkirk. ROLL CALL: AYES: Bentley, Burry, Conklin, Coolidge, Edmunds, Ouderkirk. NAYS:
None. Motion declared carried by Mayor Araujo.
Council Member Conklin moved to approve the Centralized Purchasing Policy for all City of Bayard
employees. Seconded by Council Member Coolidge. ROLL CALL: AYES: Bentley, Burry, Conklin,
Coolidge, Edmunds, Ouderkirk. NAYS: None. Motion declared carried by Mayor Araujo.
Council Member Conklin introduced Ordinance No. 707 for the first reading.
ORDINANCE NO. 707
AN ORDINANCE OF THE CITY OF BAYARD AMENDING SECTION 3-3-6
CONCERNING WATER METERS; TO PROVIDE FOR REPEAL OF CONFLICTING
ORDINANCES; AND TO PROVIDE FOR AN EFFECTIVE DATE OF THIS ORDINANCE.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BAYARD,
NEBRASKA, AS FOLLOWS:
Section 1:
Section 3-3-6 is hereby amended to provide as follows:
Meters: All premises using city water must be equipped with an adequate water
meter which will be furnished by the City. Consumer shall pay the cost of installation
and purchase of the water meter on any new construction or new water service. Meters
installed on existing services shall be paid by the City. All meters shall be installed under
the direction of the utilities superintendent and subject to his approval. Utilities
superintendent shall have access to any building at reasonable hours for the purpose of
inspection, installation and maintenance of water meters.
The City shall be responsible for maintenance and repairs of any portion of the
service line from the main to the meter or the property line whichever is shortest. The
property owner shall be responsible for repairs and maintenance of the remainder of the
service line.
In the event a consumer fails or refuses to grant access to any building or
structure for installation, repairs or maintenance of a water meter, service to that
residence or building shall be terminated upon 10 days written notice to the consumer.
Section 2:
Section 3:
according to law.
All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
This Ordinance shall be effective after its passage, approval, and publication
Council Member Conklin moved to approve the following resolution:
RESOLUTION NO. 754
Representative or Alternate Representative to NMPP Members’ Council
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Bayard,
State of Nebraska, that:
1. Such City be and hereby is authorized to become a member of the Nebraska Municipal Power
Pool and to do all things necessary and proper to such membership.
2. The Mayor and City Council of the City of Bayard, State of Nebraska, does hereby appoint
Jim Ostdiek as the representative of the City of Bayard, State of Nebraska, to the Members’
Council of the Nebraska Municipal Power Pool.
3. The Mayor and City Council of the City of Bayard, State of Nebraska, does hereby appoint
Michelle Coolidge as the alternate representative of the City of Bayard, State of Nebraska, to
the Members’ Council of the Nebraska Municipal Power Pool.
This is to certify that the appointment set out above was approved by the Mayor and City
Council at the City Council meeting of December 9, 2008.
_____________________________
Michelle Fries
City Clerk/Deputy Treasurer
Seconded by Council Member Ouderkirk. ROLL CALL: AYES: Bentley, Burry, Conklin, Coolidge,
Edmunds, Ouderkirk. NAYS: None. Motion declared carried by Mayor Araujo.
Council Member Coolidge moved to approve the following resolution:
RESOLUTION NO. 755
Appointment of Representative and Alternate to MEAN Management Committee
WHEREAS, the City of Bayard is a party to the Electrical Resources Pooling Agreement; and,
pursuant to the terms of such Agreement, it is the responsibility of the City to designate a representative
of the City to the MEAN Management Committee provided for under the terms of said Agreement;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Bayard,
that:
1. The City Clerk is hereby directed to give written notice to the Municipal Energy Agency of
Nebraska (MEAN) of the appointment of Jim Ostdiek as the City’s representative to said
MEAN Management Committee.
2. The City Clerk is hereby by directed to give written notice to the Municipal Energy Agency
of Nebraska (MEAN) of the appointment of Scot Ouderkirk as the City’s alternate
representative to said MEAN Management Committee.
This is to certify that the appointment set out above was approved by the Mayor and City
Council at the City Council meeting of December 9, 2008.
_____________________________
Michelle Fries
City Clerk/Deputy Treasurer
Seconded by Council Member Edmunds. ROLL CALL: AYES: Bentley, Burry, Conklin, Coolidge,
Edmunds, Ouderkirk. NAYS: None. Motion declared by Mayor Araujo.
Council Member Burry moved to approve the following resolution:
RESOLUTION NO. 756
WHEREAS, the City of Bayard, Nebraska is a party to the Interlocal Agreement creating the PUBLIC
ALLIANCE for COMMUNITY ENERGY and, pursuant to the terms of said Agreement, it is the
responsibility of the City to designate a representative to the City of Bayard, Nebraska to the PUBLIC
ALLIANCE for COMMUNITY ENERGY Board of Directors provided for under the terms of said
Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Bayard,
Nebraska that:
1.
The City Clerk is hereby directed to give written notice of the PUBLIC ALLIANCE for
COMMUNITY ENERGY of the appointment of Jim Ostdiek as the City’s representative
to said Board of Directors.
2.
The City Clerk is here directed to give written notice to the PUBLIC ALLIANCE for
COMMUNITY ENERGY of the appointment of Michelle Coolidge as the City’s
alternate representative to said Board of Directors.
Dated this 9th day of December, 2008.
_______________________________
Mayor
ATTEST:
_____________________________
City Clerk/Deputy Treasurer
Seconded by Council Member Conklin. ROLL CALL: AYES: Bentley, Burry, Conklin, Coolidge, Edmunds,
Ouderkirk. NAYS: None. Motion declared carried by Mayor Araujo.
Council Member Coolidge moved to approve the following resolution:
MEMBER RESOLUTION FOR
MEAN BOARD OF DIRECTORS
RESOLUTION NO. 757
This is to certify that The City of Bayard, State of Nebraska duly appointed Vern Huck to serve
as director to represent The City of Bayard on the Board of Directors of the Municipal Energy Agency of
Nebraska (MEAN). The appointment will run for a term of 3 (three) years with the powers and duties
incident to such office. This certificate is issued in compliance with the Municipal Cooperative Financing
Act contained in the Nebraska Revised Statutes §18-2401 et., seq. (1987). This is to certify that the
Mayor and Council Board of The City of Bayard, State of Nebraska duly appointed Jim Ostdiek to serve
as director to represent The City of Bayard on the Board of Directors of the Municipal Energy Agency of
Nebraska (Mean). The appointment will run for a term of 3 (three) years with the powers and duties
incident to such office. This certificate is issued in compliance with the Municipal Cooperative Financing
Act contained in the Nebraska Revised Statues §18-2401 et. seq. (1987).
This is to certify that the Council Board of The City of Bayard, State of Nebraska duly appointed Scot
Ouderkirk to serve as alternate director to represent The City of Bayard on the Board of Directors of the
Municipal Energy Agency of Nebraska (MEAN). The appointment will run for a term of 3 (three) years
with the powers and duties incident to such office. This certificate is issued in compliance with the
Municipal Cooperative Financing Act contained in the Nebraska Revised Statutes §18-2401 et. seq.
This is to certify that the appointments set out above were approved by the Council Board of The City of
Bayard, State of Nebraska, at their meeting on December 9, 2008.
_____________________________
Mayor
ATTEST:
________________________________
City Clerk
Seconded by Council Member Bentley. ROLL CALL: AYES: Bentley, Burry, Conklin, Coolidge, Edmunds,
Ouderkirk. NAYS: None. Motion declared carried by Mayor Araujo.
Discussion was held on personnel manual page #39 regarding meal reimbursement, city cell phone
usage, and city vehicle usage. City Attorney, Phil Kelly will make the changes for the January 2009
council meeting.
Discussion was held on the City of Bayard employee insurance plan and premiums. A committee was
formed to discuss different plans and premiums. This committee would give their opinion at the
January 2009 council meeting.
Discussion was held on purchasing a suburban for the fire department. The fire department is to get
specifications for the suburban to begin the bid process.
Council Member Conklin moved to approve the City Bills & Claims. Seconded by Council Member
Edmunds. ROLL CALL: AYES: Bentley, Burry, Conklin, Coolidge, Edmunds, Ouderkirk. NAYS: None.
Motion declared carried by Mayor Araujo.
Council Member Coolidge moved to approve $100.00 after tax recognition bonuses for the Chimney
Rock Villa employees. Seconded by Council Member Bentley. ROLL CALL: AYES: Bentley, Burry,
Conklin, Coolidge, Edmunds, Ouderkirk. NAYS: None. Motion declared carried by Mayor Araujo.
Council Member Coolidge moved to approve Chimney Rock Villa employee pay increases due to merit,
evaluations, and grade level change. Seconded by Council Member Burry. ROLL CALL: AYES: Bentley,
Burry, Conklin, Coolidge, Edmunds, Ouderkirk. NAYS: None. Motion declared carried by Mayor Araujo.
Council Member Burry moved to approve Chimney Rock Villa Bills & Claims. Seconded by Council
Member Ouderkirk. ROLL CALL: AYES: Bentley, Burry, Conklin, Coolidge, Edmunds, Ouderkirk. NAYS:
None. Motion declared by Mayor Araujo.
Council Member Coolidge moved to approve the Consent Calendar. Seconded by Council Member
Conklin. ROLL CALL: AYES: Bentley, Burry, Conklin, Coolidge, Edmunds, Ouderkirk. NAYS: None.
Motion declared carried by Mayor Araujo.
Council Member Coolidge moved to adjourn at 9:25 P.M. Seconded by Council Member Bentley. ROLL
CALL: AYES: Bentley, Burry, Conklin, Coolidge, Edmunds, Ouderkirk. NAYS: None. Motion declared
carried by Mayor Araujo.
_____________________________________
Mayor
ATTEST:
_____________________________________
Deputy Clerk