Special Meeting

March 1, 2007

The Mayor and Council of the City of Fairbury met in special session in the Council Chambers, 612 D Street, Fairbury, Nebraska, on the 1^st day of March, 2007, at 7:00 p.m.  Mayor E.M. Mueller 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 is posted in the Council Chambers as required by law.

Roll call found the following Council Members present:  Brown, Phillips, Trimm, Nelson, Bender, Fry, and Polson. Absent:  Byrd.

The Council considered disbanding the special committee consisting of the entire Council that was formed to negotiate a Memorandum of Understanding (MOU) with Fairbury Steaks, Inc.  City Attorney Tim Noerrlinger advised the Council as a whole could negotiate with Fairbury Steaks and stated that the existence of the committee was not necessary.  In addition, Noerrlinger stated the committee is advisory in nature and any decisions would have to be made by the council; therefore, the committee is more of a hindrance than anything else.  Trimm made a motion to disband the special committee to negotiate an MOU with Fairbury Steaks.  Motion seconded by Fry.  On roll call, Brown, Phillips, Trimm, Bender, Fry, and Polson voted “yes.”  Nelson abstained.  Byrd was absent.  Motion carried.

Trimm made a motion to table consideration of rescinding earlier LB840 grant to Fairbury Steaks, Inc.  Motion seconded by Phillips.  On roll call, Brown, Phillips, Trimm, Bender, Fry, and Polson voted “yes.”  Nelson abstained.  Byrd was absent.  Motion carried.

Polson made a motion to go into closed session for the purposes of negotiations with Fairbury Steaks on an MOU for an LB840 grant, designating persons to remain being Jim Ferneau, City Administrator; Tim Noerrlinger, City Attorney; Tami Arnold, Clerk/Treasurer; and Fred Arnold.  Closed session was entered at 7:03 p.m.  Mayor Mueller restated the purpose for going into closed session was to discuss negotiations with Fairbury Steaks on an MOU.

Trimm made a motion to enter into open session at 7:29 p.m.  Motion seconded by Phillips.  On roll call, Brown, Phillips, Trimm, Bender, Fry, and Polson voted “yes.”  Nelson abstained.  Byrd was absent.  Motion carried.  Mayor Mueller stated the Council just came out of closed session during which negotiations with Fairbury Steaks on an MOU for a grant of LB840 funds was discussed.

Phillips made a motion to remove from the table item #2 on the agenda: Consideration of rescinding earlier LB840 grant to Fairbury Steaks.  Motion seconded by Trimm.  On roll call, Brown, Phillips, Trimm, Bender, Fry, and Polson voted “yes.”  Nelson abstained.  Byrd was absent.  Motion carried.

Phillips made a motion to rescind earlier LB840 grant to Fairbury Steaks.  Motion seconded by Fry.  Attorney Joe Chilen stated he had the following three points he wanted to address on behalf of Dennis Brown and Fairbury Steaks:  1)Mr. Brown understands that he is dealing with public funds and that it is the duty of the Council to spend public funds wisely and in conformance with the law.  2)Mr. Brown operates Fairbury Steaks and has owned the business, a retail meat store, for over 20 years.  Mr. Brown wishes to further expand his business, is in the process of purchasing the Elder Jewelry building, and has goals to double his current 13 person workforce.  3)Mr. Brown’s understanding as to what has transpired over the past two months is that all parties had reached an agreement at a January 4, 2007 committee meeting and on January 12, 2007, he was given a draft of an MOU by Tim Noerrlinger; Brown has no objection with the terms of that version of the MOU as written.  Chilen stated the version he was provided with differs from that which was given to Brown on January 12^th.  Brown understands these are public funds, he has initiated expansion plans, and plans to hire and retain 15+ additional employees.  Brown is in agreement with the MOU as proposed by the City.  Discussion ceased.  On roll call, Brown, Phillips, Trimm, Bender, Fry, and Polson voted “yes.”  Nelson abstained.  Byrd was absent.  Motion carried.

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

E.M. Mueller, Mayor

ATTEST:

     Tami Arnold, City Clerk