Regular Meeting
November 4, 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 4th
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 October 21, 2008.
2.
Approval of claims.
Byrd moved to approve the minutes of the regular meeting of October 21,
2008. Motion seconded by Trimm. On roll call, Brown, Friesen, Byrd, Trimm,
Lueders, Bender, Kuzelka, and Polson voted “yes.” Motion carried.
Byrd moved to approve the claims. Motion seconded by Brown. On roll call,
Brown, Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and Polson voted
“yes.” Motion carried.
Trimm moved to approve the Letter of Agreement between the International
Union of Operating Engineers, Local 571, (IUOE) and the City of Fairbury
adding language to the current contract regarding the insurance pool.
Motion seconded by Lueders. City Administrator Joseph Parker stated this
was the same the Council had approved for the CWA. On roll call, Brown,
Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and Polson voted “yes.”
Motion carried.
Bender moved to approve the pre-application with the Nebraska Department of
Economic Development (DED) CDBG Neighborhood Stabilization Program (NSP).
Motion seconded by Friesen. Parker stated that Dave Taladay with SENDD made
him aware of this program offered by DED which allows certain cities to
establish a financing mechanism for purchase and redevelopment of foreclosed
upon homes and residential properties; to purchase and rehabilitate homes
and residential properties that have been abandoned or foreclosed upon;
establish land banks for homes that have been foreclosed upon; demolish
blighted structures; or to redevelop demolished or vacant properties.
Parker stated he directed Mr. Taladay to make application for this program
which is on a very “fast track” and the application had to be submitted no
later than November 3, 2008. On roll call, Brown, Friesen, Byrd, Trimm,
Lueders, Bender, Kuzelka, and Polson voted “yes.” Motion carried.
Discussion was held regarding overtime in the Police Department. Parker
stated that he and Mayor Fry had met with Sheriff Nels Sorensen to discuss
the possibility of off-duty deputies being utilized to fill “some” of the
City Police Department’s open shifts. The reason for the request was
because of the situation the Police Department faced when Police Chief
Brooks Bryan was on vacation and an officer suffered an injury. This will
not save the city many dollars, because they would still be paid at an
overtime rate, but for safety considerations, not only for City Police
personnel, but safety for the public as well. It would be clearly stated
that while the deputy is working for the city, in city police uniform and
utilizing city equipment, that the deputy would be clearly working under
city directives.
City Attorney David Bargen felt it would be best to have some type of an
agreement between the sheriff’s office and the city. Friesen stated Bargen
needs to also check the union contract. Bender wanted to know if this would
be reserve deputies or deputies. Bryan stated it would be fully certified
law enforcement. Bryan also stated that the Police Department does have
reserve uniforms that could be used. Bryan stated this would be an
emergency measure only ~ use only if have manpower shortage; this would be
an emergency backdrop; only use when officer safety is an issue. It was
also questioned, if they would have to join the union and be paid at union
wages. Brown questioned if the shifts would have to be offered to our
officers first. Bender stated we need to check into the insurance coverage
and workman’s comp. Polson stated we need to have this all checked out
before the Council makes any decisions. Bargen will do some research on
this matter; also regarding definition of casual/temporary employees.
Friesen moved to Lay on the Table consideration of overtime in the Police
Department and utilizing the Sheriff’s Department pending obtaining further
information. Motion seconded by Trimm. On roll call, Brown, Friesen, Byrd,
Trimm, Lueders, Bender, Kuzelka, and Polson voted “yes.” Motion carried.
Trimm moved to Lay on the Table Item #4 under Current Business – Update on
pending litigation. Bargen stated this would be held in closed session at
the end of the council meeting. Motion seconded by Byrd. On roll call,
Brown, Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and Polson voted
“yes.” Motion carried.
Trimm moved to adopt Resolution No. 702 authorizing the Street and Alley
Department to erect stop signs on the north and south intersections of 4th
& M Street. Motion seconded by Byrd. Mayor Fry asked Mary Ann Willis to
address the Council. Willis stated she lives on the corner of 4th
& M Street which is a very busy street with the fairgrounds further east.
Willis stated that a vehicle had hit a motorcycle at this intersection and
someone almost hit an ATV. Willis also mentioned that you can not see to
the east; that it is a very bad intersection and it seems that many people
do not pay attention to the speed limit sign. Trimm mentioned he had also
visited with Bryan; who thinks it would be a good idea; and also to Laura
Bedlan, Assistant Street Superintendent and she visited with Mick Hynek,
Street Superintendent. They think it would be a good idea to put a stop
sign at both the north and south intersections. 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 that Hynek
wanted him to announce the trail is re-opened as the repairs from the storms
have been completed.
Friesen stated the vandalism at the Fun Park which occurred over the weekend
has been taken care of.
Trimm moved to Take from the Table Item #4 under Current Business – Update
on pending litigation. Motion seconded by Brown. On roll call, Brown,
Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and Polson voted “yes.”
Motion carried.
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 Brown. 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 8:10 p.m.
The
council came out of closed session at 8:31 p.m. Trimm moved to enter into
open session. Motion seconded by Friesen. 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 8:33 p.m.
LaVeda
L. Fry, Mayor
ATTEST: Sharyl Preston, City Clerk
