Regular Meeting

November 20, 2007

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 20^th day of November, 2007, at 7:30 p.m.  Councilman Tim Polson 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:  Brown, Byrd, Trimm, Nelson, Bender, Fry, and Polson.  Absent:  Phillips.

City Attorney Tobias Tempelmeyer stated official notice had been received from the County Clerk that Mayor E. M. Mueller was removed from office in the Recall Election held November 6, 2007, and therefore a vacancy now exists on the Council.  Trimm made a motion to accept the receipt of notice of City Council vacancy.  Motion seconded by Byrd.  On roll call, Brown, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.”  Phillips was absent.  Motion carried.

Tempelmeyer informed the Council that Council President George Phillips submitted his resignation late the afternoon of November 20, 2007 and is no longer a either a Council Member or the Mayor.  Byrd made a motion to accept the resignation of George Phillips.  Motion seconded by Nelson.  On roll call, Brown, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.”  Motion carried.

Tempelmeyer stated it was now time for the Council to nominate either someone on the Council or themselves to be Council President, who would assume the position of Mayor for the remainder of the term.  Brown made a motion to table the nomination and approval of a City Council President.  Motion seconded by Byrd.  Nelson inquired as to what the consequences of tabling the item would be.  Tempelmeyer stated the Council would be unable to take official action on any item and that bills which are not under contract could not be paid.  Tempelmeyer concluded by stating the meeting would be over for the evening.  Nelson stated he believed that in light of the late notice of Phillips’ resignation, it would be prudent to table nominating and approving a Council President.  Fry, Polson, and Trimm concurred with Nelson.  Discussion ceased.  On roll call, Brown, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.”  Motion carried.

Bender made a motion to adjourn the meeting.  Motion seconded by Byrd.  On roll call, Brown, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.”  Motion carried.  Meeting adjourned at 7:36 p.m.

Tami K. Dandliker, City Clerk