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11-23-2020 City Council Special Meeting Packet City of Grand Island Monday, November 23, 2020 Special Meeting Agenda City Council: Jason Conley Chuck Haase Julie Hehnke Jeremy Jones Vaughn Minton Mitchell Nickerson Mike Paulick Clay Schutz Justin Scott Mark Stelk Mayor: Roger G. Steele City Administrator: Jerry Janulewicz City Clerk: RaNae Edwards 7:00 PM Council Chambers - City Hall 100 East 1st Street, Grand Island, NE 68801 Grand Island Special Meeting - 11/23/2020 Page 1 / 7 City of Grand Island Monday, November 23, 2020 Call to Order This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open Meetings Act in conducting business. A copy of the Open Meetings Act is displayed in the back of this room as required by state law. The City Council may vote to go into Closed Session on any agenda item as allowed by state law. Invocation Pledge of Allegiance Roll Call A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda Items form located at the Information Booth. If the issue can be handled administratively without Council action, notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given. B - RESERVE TIME TO SPEAK ON AGENDA ITEMS This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak. Please come forward, state your name and address, and the Agenda topic on which you will be speaking. Grand Island Special Meeting - 11/23/2020 Page 2 / 7 City of Grand Island Monday, November 23, 2020 Special Meeting Item F-1 #9803 – Consideration of Approving City Code Amendments to Chapter 2 – Establishing a City Board of Health Staff Contact: Jerry Janulewicz Grand Island Special Meeting - 11/23/2020 Page 3 / 7 Council Agenda Memo From:Jerry Janulewicz, City Administrator Meeting:November 23, 2020 Subject:Adoption of Ordinance Establishing the City Board of Health. Presenter(s):Jerry Janulewicz, City Administrator Background Nebraska Revised Statute §16-238 provides that a city of the first class may make regulations to prevent the introduction and spread of contagious, infectious, or malignant diseases into the city. The statute further provides that in cities organized under a mayor- council form of government, “a board of health shall be created consisting of five members: The mayor, who shall be chairperson, a physician, who shall be medical adviser, the chief of police, who shall be secretary and quarantine officer, the president of the city council, and one other member. A majority of such board shall constitute a quorum and shall enact rules and regulations, having the force and effect of law, to safeguard the health of the people of such city and prevent nuisances and unsanitary conditions, enforce the same, and provide fines and punishments for the violation of such rules and regulations.” It is unknown why the City of Grand Island did not previously establish a Board of Health. The City Code published in 1962 did not include provisions for a Board of Health. Instead, the code at that time provided for the appointment of a city physician with authority to enforce ordinances and laws relating to public health and the spread of disease. Discussion If approved and enacted by the City Council, the Ordinance would establish a City Board of Health. That Board would be able to meet and consider recommendations to be made to the City Council concerning health related matters, in particular, recommendations concerning the current Novel Coronavirus pandemic. Currently, rules to control the spread of this disease are issued by the Nebraska Department of Health and Human Services and the Central District Health Department, which can only issue directed health measures that are approved by the Nebraska Department of Health and Human Services. By establishing the City Board of Health, as mandated by statute, the City would have a Grand Island Special Meeting - 11/23/2020 Page 4 / 7 greater ability to evaluate and respond to the health related needs of the City independent from the control of a state agency. Recommendation Administration recommends that Council approve Ordinance #9803. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Sample Motion Move to approve Ordinance #9803. Grand Island Special Meeting - 11/23/2020 Page 5 / 7 Approved as to Form ¤ ___________ November 20, 2020 ¤ City Attorney ORDINANCE NO. 9803 An emergency ordinance pursuant to the City of Grand Island’s authority to pass ordinances and make regulations to serve the general health or the city, prescribe rules for the prevention, abatement, and removal of nuisances as well as the authority to make such regulations as to prevent the introduction and spread of contagious, infectious or malignant diseases in the City of Grand Island pursuant to Neb. Rev. Stat. §16-238, §16-240 AND §16- 246; to amend Chapter 2 Article VII of the City Code to add Sections 2-60 thru 2-63; to clarify and/or make general corrections to various code sections, to repeal any ordinances and resolutions or parts thereof in conflict herewith; and to provide for publication and the effective date of the ordinance. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA. SECTION 1.Article VII. Sections 2-60 thru 2-63 of the Grand Island City Code is hereby amended to read as follows: Article VII. Community Development Division Board of Health. §2-60. Board of Health; created; composition; appointment; jurisdiction; Clerk. (a)A Board of Health is hereby created in and for the City, which board shall consist of five (5) members as follows: The Mayor, who shall be Chairman of the board; a physician who shall be appointed by the Mayor and who shall be Medical Adviser of the board; the Chief of Police who shall be Secretary and Quarantine Officer; the President of the Council; and one other member at large who shall be appointed by the Mayor. (b)The Board of Health may make regulations to prevent the introduction and spread of contagious, infectious, or malignant diseases into the city. (c)The Mayor shall see that all rules and regulations of the Board of Health, passed pursuant to Section 2-61 shall be enforced over all places within this City. The City Clerk shall be Clerk of such board but not a member thereof. Grand Island Special Meeting - 11/23/2020 Page 6 / 7 ORDINANCE NO. 9803 (Cont.) 2 §2-61. - Quorum; rules and regulations. A majority of such board shall constitute a quorum and shall enact rules and regulations, having the force and effect of law, to safeguard the health of the people of such city and prevent nuisances and unsanitary conditions, enforce the same, and provide fines and punishments for the violation of such rules and regulations. §2-62. Records. The Board of Health shall keep a record of all their transactions, orders, notices and of such other action taken by it, which records shall be filed with the City Clerk and are hereby made public records of the City and shall be accessible to the public for inspection in the office of the City Clerk at all reasonable hours. §2-63. - Vacancies in office. In the absence or disability of the Medical Advisor, the Mayor may appoint some other physician to act in the place of such Medical Adviser during such absence or disability; and to the end that the Board may at all times be in position to function and perform its duties, there shall be a substitute appointed for any member thereof when absent, unable or disqualified to act; and the substitute so appointed shall have the power to do each and every act as the regular member thereof while serving on the Board. SECTION 2.Any ordinance or resolution or parts of ordinances or resolution in conflict herewith be, and hereby are, repealed. SECTION 3.This emergency ordinance shall be in force and take effect on November 23, 2020, immediately upon signature of the Mayor and posting on the website of the City of Grand Island. Additional publication in one issue of the Grand Island Independent as provided by law. Enacted: November 23, 2020. ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Special Meeting - 11/23/2020 Page 7 / 7