Regular Meeting
November 18, 2008
The
Mayor and Council of the City of Fairbury met in regular session in the
Council Chambers located at 612 D Street, Fairbury, Nebraska, on the 18th
day of November, 2008, at 7:30 p.m. Mayor LaVeda L. Fry called the meeting
to order.
Notice of meeting was given in advance thereof by publication in the
Fairbury Journal News, Fairbury, Nebraska, the designated method of giving
notice, as shown by affidavit of publication. The Open Meetings Act was
posted in the meeting room as required by law.
Roll call found the following Council Members present: Doug Brown, Ed
Friesen, Ron Byrd, Don Trimm, Beryl Lueders, Shirley Bender, Brad Kuzelka,
and Tim Polson.
Mayor Fry called for the submittal of forms to request future agenda items.
No forms were submitted during the meeting.
Mayor Fry read the Consent Agenda:
1.
Approval of the minutes of the regular meeting of November 4, 2008.
2.
Approval of claims.
3.
Approval of the October 2008 Reconciliation Report.
4.
Approval of the appointment of Don Call to the Housing Committee,
term to expire August 2009.
Byrd moved to approve the Consent Agenda. Motion seconded by Lueders. On
roll call, Brown, Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and Polson
voted “yes.” Motion carried.
Mayor Fry stated that in accordance with published notice, it was now time
to conduct a hearing concerning objections to the creation of Street
Improvement District 2008-1. Motion by Council Member Trimm, second by
Council Member Byrd to convene hearing on objections relative to Street
Improvement District No. 2008-1. On roll call the following voted YEA:
Brown, Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and Polson. NAY:
none. Absent: none. The Mayor declared the hearing open and asked the City
Clerk if any written objections had been filed. The City Clerk reported the
following written objections received objecting to the creation of Street
Improvement District 2008-1: There were no written objections. The Mayor
then asked if there were persons present who wished to be heard concerning
the proposed Street Improvement District. No one came forward. There being
no other persons wishing to be heard, the Mayor declared the public hearing
closed. Motion by Council Member Brown, second by Council Member Trimm to
close the public hearing and to reconvene the meeting of the Mayor and City
Council. On roll call the following voted YEA: Brown, Friesen, Byrd,
Trimm, Lueders, Bender, Kuzelka, and Polson. NAY: none. Absent: none.
Fred Baumert, Water Supply Specialist with the Nebraska Department of Health
& Human Services, was present to give the Water Department a 2007 Water
Fluoridation Quality Award. Baumert stated that this is one chemical that
you can add to water that improves people’s health and we have done it
voluntarily for some time and we need to be commended for it. Baumert
presented the award to Mike Beachler, Superintendent of Utilities; Jeff
Sweetser, Water Superintendent; and Kent Preston, Member of the Board of
Public Works.
Byrd moved to approve appointing the City Street Superintendent for January
1, 2008 to December 31, 2008 for determining incentive payment for 2008.
Motion seconded by Polson. City Administrator Joseph Parker stated this
request is being made to ensure that the City has a fully qualified and
certified Street Superintendent to oversee various projects. This ensures
the flow of Highway Incentive Payment dollars which would not be allowed if
we did not have a certified Street Superintendent. The City will receive
$2,000.00 for the year for the incentive payments. The estimated amount of
costs to appoint Jerry Hain (Olsson Associates) for the year is
approximately $990.00. This amount is contingent upon how many tasks we
need him to do. Laura Bedlan, Assistant Street Superintendent is
recommending the approval of this appointment. Byrd moved to amend his
motion to approve the appointing of Jerry Hain as the Certified City Street
Superintendent. Polson also amended his second to the same. On roll call,
Brown, Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and Polson voted
“yes.” Motion carried.
Discussion was held regarding the bids received for a new aerial truck.
Fire Chief Eric Voss stated the Public Safety Committee was recommending the
bid received from Ed M Feld Equipment Co., Inc. (Emergency One, Inc.) out of
Ocala, Florida in the amount of $398,000.00 for a 75’ aerial truck to be
delivered in thirty days. This is a new truck, which was to be a demo truck;
so it has some hours on it but very few; this is why it has a delivery time
of thirty days. This includes the delivery fee and also three days of
training on the truck. Voss stated other bids received were from Rosenbauer
in the amount of $383,823.00 plus options would be $395,098.00 with 365
days delivery; EDM in the amount of $492,099.00 with 30 days delivery;
Toyne $487,120.75 with 365 days delivery; and Crimson $485,995.00 with 365
days delivery. Doug Brown with the Public Safety Committee stated the bid
from Ed M Feld Company was $398,000.00 with delivery in 30 days. Rosenbauer
was $435.823.00 with a delivery of 90 – 120 days. Brown stated the Public
Safety Committee recommended purchasing the aerial truck from Ed M Feld
Equipment Co. in the amount of $398,000.00. Voss stated it has been ten
months that we’ve been without an aerial truck; so he feels the delivery
time is an issue. Councilperson Trimm also stated delivery time is a factor
since we don’t have an aerial truck right now. Phyllis Wasserman with the
Fairbury Housing Authority, stated that Park View Manor is a five-story
building, people with wheel chairs have no way of getting down if they would
have a fire. Wasserman stated this also affects other buildings in the
community. Wasserman would appreciate their consideration in deciding about
an aerial truck and to also consider the delivery time of the truck. Byrd
moved to purchase the 75’ aerial truck from Ed M Feld Equipment Co. for
$398,000.00. Motion seconded by Trimm. Voss stated we would currently have
$312,000.00 on hand for the purchase after we receive the CDBG grant in the
amount of $150,000.00 so we would have to finance approximately $86,000.00.
Polson stated the finance committee recommends going with Union Bank at
4.150% interest rate. This was figured at getting a loan in the amount of
$120,000.00 for six years with a semi-annual payment of $11,399.48. Voss
stated this would be less since we would only have to finance $86,000.00.
Voss stated that we also have funds coming in from the Mutual Financial
Organization (MFO). The City is in a mutual aid agreement with others in the
county; so some of the insurance premiums that we pay – the money goes to
the state and some of it comes back to the Fire Department to be used to
purchase equipment; we usually get approximately $24,000.00 - $25,000.00.
Voss stated that it will be approximately nine more years before we would
have to replace Engine 33; so we will have time to get funds built back up
again. Byrd amended his motion to also include the financing at Union Bank
at 4.5% for six years for $86,000.00. Trimm also amended his second to the
same. On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka,
and Polson voted “yes.” Motion carried.
Friesen moved to Lay on the Table Item #4 under Current Business –
discussion and consideration of advertising for bids for selling the snorkel
truck for the Fire Department until the next council meeting. Motion
seconded by Lueders. City Attorney David Bargen stated that personal
property of the City, under $5,000.00, has to be sold through a resolution;
post in three places at least seven days before the sale and would also be a
good idea to publish. On roll call, Brown, Friesen, Byrd, Trimm, Lueders,
Bender, Kuzelka, and Polson voted “yes.” Motion carried.
Friesen moved to approve the request from Don Talley with the U.S. Census
Bureau to waive the fee to use the Community Building for census testing to
hire individuals. Motion seconded by Byrd. Parker stated we had received a
request from Mr. Talley for the City to provide space, free of charge, to
conduct hiring and other administrative duties as it concerns the upcoming
census. Exact dates and times for the use of the building have not yet been
determined. On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Bender,
Kuzelka, and Polson voted “yes.” Motion carried.
Byrd moved to approve the Letter of Agreement between the International
Brotherhood of Electrical Workers, Local Union l536, (IBEW) and the City of
Fairbury adding language to the current contract regarding the insurance
pool. Motion seconded by Polson. City Administrator Joseph Parker stated
this was the same the Council had approved for the CWA and the IUOE. On
roll call, Brown, Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and Polson
voted “yes.” Motion carried.
Bender moved to adopt Resolution No. 703 authorizing the City to levy and
assess costs of nuisance abatement against certain properties. Motion
seconded by Trimm. Bargen stated this is one of two ways the Code allows
reimbursement for the City, the other being going to court. This way is the
most cost effective. On roll call, Brown, Friesen, Byrd, Trimm, Lueders,
Bender, Kuzelka, and Polson voted “yes.” Motion carried.
Council Member Trimm introduced Resolution No. 704 authorizing the Mayor and
City Council to proceed with the construction of improvements in Street
Improvement District No. 2008-1 for its passage and adoption. Motion
seconded by Council Member Polson. On roll call the following voted YEA:
Brown, Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and Polson. The
following voted NAY: none. Motion carried.
Trimm moved to adopt Resolution No. 705, the City Council directing the
Fairbury Board of Health with inspecting and reviewing conditions on
properties for compliance with nuisance regulations contained in the
Fairbury Municipal Code. Motion seconded by Polson. Bargen stated any
nuisance, as code allows, this is the process to start getting properties
cleaned up. With this, we can go to District Court to get an injunction
issued; then this would be ongoing. Trimm wanted to know if this was
standard procedure in other cities. Bargen stated that this procedure is
also used in other cites. Lueders wanted to know if we could do several
properties at the same time. Bargen stated each property would be entitled
to separate treatment under the Code, but could be part of the same overall
process. On roll call, Brown, Friesen, Byrd, Trimm, Bender, Kuzelka, and
Polson voted “yes.” Lueders abstained. Motion carried.
Friesen moved to adopt Resolution No. 706 revising the previously adopted
2008 and 2013 One and Six Year Street Improvement Plan by adding Project’s
M-279 (113) and M-279 (114). Motion seconded by Lueders. Parker stated
this had to be amended because of the extra work with the sewer lines from
the storms earlier this year. On roll call, Brown, Friesen, Byrd, Trimm,
Lueders, Bender, Kuzelka, and Polson voted “yes.” Motion carried.
Within the City Administrator’s report Joseph Parker stated he has
appreciated working with Mayor Fry.
Within the Mayor’s report, Fry stated this is her last meeting and it has
been a joy .
Council President Brown presented Certificate’s of Appreciation to Mayor Fry
and Councilperson Polson.
In
open session, Polson moved to enter into closed session for the purpose of
protecting the public interest, the subject matter of the closed session
being discussing pending litigation; designating individuals to remain as
Mayor Fry; Council Members Brown, Friesen, Byrd, Trimm, Lueders, Bender,
Kuzelka, and Polson; City Attorney David Bargen; City Administrator Joseph
Parker, and City Clerk Sharyl Preston. Motion seconded by Trimm. On roll
call, Brown, Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and Polson
voted “yes.” Motion carried. Mayor Fry confirmed the purpose of the closed
session was to protect the public interest, and the subject matter for the
closed session is pending litigation and announced the time of the start of
the closed session to be 8:03 p.m.
The
council came out of closed session at 8:21 p.m. Friesen moved to enter into
open session. Motion seconded by Polson. On roll call, Brown, Friesen,
Byrd, Trimm, Lueders, Bender, Kuzelka, and Polson voted “yes.” Motion
carried.
Byrd moved to adjourn the meeting. Motion seconded by Polson. On roll
call, Brown, Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and Polson
voted “yes.” Motion carried. Meeting adjourned at 8:22 p.m.
LaVeda L. Fry, Mayor
ATTEST:
Sharyl Preston, City Clerk
