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
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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.
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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
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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.
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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.
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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
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