Regular Meeting
April 3, 2007
The
Mayor and Council of the City of Fairbury met in regular session at the
Community Building in the City Park, Fairbury, Nebraska, on the 3rd
day of April, 2007, at 7:30 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 was posted in the
meeting room as required by law.
Roll
call found the following Council Members present: Brown, Phillips, Byrd,
Trimm, Nelson, Bender, Fry, and Polson.
Mayor
Mueller read the Consent Agenda. (1)Approval of the minutes of the regular
meeting of March 20, 2007. (2) Approval of claims. Nelson made a motion to
approve the Consent Agenda. Motion seconded by Phillips. On roll call,
Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.”
Motion carried.
Mayor
Mueller opened sealed bids received for various property and liability
insurance coverage. Bids received were as follows: Starr Buckow Insurance
Agency, $184,692.00; League Association of Risk Management (LARM),
$273,584.00. Mayor Mueller stated bids received will be turned over to the
Finance Committee for review. City Administrator Jim Ferneau stated bids
received are for two different kids of policies and that the Finance
Committee would need to review the bids and make comparisons. Ron Starr of
Starr Buckow Agency stated bids provided were for coverage with Berkshire
Hathaway Homestead Company, that his agency is a local, independent agency
who pays local taxes, is easy to contact, and gets involved in the
community. Yvonne Svec of LARM stated her organization is presenting an
offer of membership to self-insure as part of a group. Svec also stated her
agency is an intergovernmental risk management agency, not an insurance
carrier, but is regulated like one to ensure they are able to pay losses
that come in. Svec explained LARM’s governing structure. Bender inquired
as to whether municipalities have to pick up costs from other
municipalities’ losses in the form of assessments. Svec stated that has
never happened to date and that there would have to be a series of storms
over many many years to cause that due to the way LARM is structured.
Noerrlinger asked what legal defense is provided when a claim is submitted
by a municipality; Svec stated local law firms handle claims where legal
representation is required. No action was taken; bids were referred to the
Finance Committee for review.
The
Council considered the recommendation from the Reuse Committee to make a
business loan to Russ Furrow, Russ’s Repair & Salvage, in the amount of
$18,000 at an interest rate of 3% for a term of 36 months. Bender asked if
the business, which is currently located out of town, would be moving to
town; Furrow stated yes, his business is moving into an existing business
that is closed at the moment. Byrd made a motion to approve the Reuse
Committee’s recommendation. Motion seconded by Trimm. On roll call, Brown,
Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.” Motion
carried.
Mick
Hynek addressed the Council regarding a request from Joel Austin for a curb
cut at 5th & C Streets, stating Austin is putting in a driveway
at the old Coop building and needs a curb cut to do so. Brown inquired as
to whether the curb cut had already been done; Hynek stated part of the curb
was already taken out when Austin was informed he had to get a curb cut and
do things the legal way. Nelson made a motion to approve Austin’s request
for a curb cut at 5th & C Streets. Motion seconded by Phillips.
On roll call, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted
“yes.” Brown voted “no.” Motion carried.
The
Council considered approving a proposal from Municipal Code Services, Inc.
for code updating services. Noerrlinger stated updates especially need done
this year to have the code correctly reflect the laws of Fairbury due to
ordinances passed in the last year. Byrd made a motion to approve the
proposal from Municipal Code Services, Inc. Motion seconded by Nelson. On
roll call, Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson
voted “yes.” Motion carried.
Mayor
Mueller announced that public comment on the upcoming agenda items dealing
with budget cuts would be limited to three minutes per individual.
The
Council considered the elimination or retention of Street & Alley Department
projects in the four year budget. Ferneau stated clarification of the
previous meeting’s decisions regarding street projects on 27th
Street south of Wal-Mart and H Street west of Wal-Mart was needed. Ferneau
stated the projects would remain in the One & Six Year Plan regardless of
the decision. Trimm made a motion to eliminate the two street projects.
Motion seconded by Phillips. On roll call, Brown, Phillips, Byrd, Trimm,
Nelson, Bender, Fry, and Polson voted “yes.” Motion carried.
A
decision on the elimination or retention of the City Administrator position
was considered. Ferneau addressed the Council, stating although capital
projects and equipment replacements had been eliminated from the budget, it
was now necessary to look at personnel and positions cuts to meet the goal
of a balanced budget. Citizen Pam Schroeder stated the first place to look
at with cuts is the City Administrator. Schoeder stated the Administrator
hasn’t saved the City a whole lot of money in the last two years and hasn’t
helped the fire chief write any grants. Bender stated the Mayor made a
promise to the Council that the Administrator would fulfill making his wages
in grants and efficiency and that he also promised not one city employee
would lose his job if the City Administrator were hired. Mayor Mueller
stated that if the City did not have an Administrator, he would not want to
see the City’s finances. Bender made a motion to eliminate the City
Administrator position. Motion seconded by Byrd. Nelson expressed concerns
that without a City Administrator, the City would be looking at far worse
cuts. Nelson stated emphasis should be placed on having a financially
stable City. Citizen Jeri Katz asked the Council to seriously consider
retaining the City Administrator. Discussion ceased. On roll call, Bender
voted “yes.” Brown, Phillips, Byrd, Trimm, Nelson, Fry, and Polson voted
“no.” Motion failed. Nelson made a motion to retain the City Administrator
position. Motion seconded by Trimm. On roll call, Brown, Phillips, Trimm,
Nelson, Fry, and Polson voted “yes.” Byrd and Bender voted “no.” Motion
carried.
A
decision on the elimination or retention of the hiring of a Library Director
in the four year budget was considered. Phillips made a motion to eliminate
the hiring of a Library Director. Motion seconded by Fry. Bender inquired
as to how much would be lost due to lack of accreditation, stating the
library would be unable to apply for grants. Ferneau stated $1000 - $1200
in cash would be lost in addition to the Library losing e-rate and
inter-library loan capabilities. Bender asked if an existing staff member
could move up into the position. Ferneau stated no one wants to move into
the position and that the lack of director causes problems with
accreditation. Jean Naiman, Children’s Librarian, stated accreditation is
secured through 2009 but that at that time a director will be necessary.
Naiman stated accreditation means a lot to the library, allowing the library
to do inter-library loan, e-rate, OCLC cataloguing, and providing for marked
records for books. Discussion ceased. On roll call, Brown, Phillips, Byrd,
Trimm, Nelson, and Fry voted “yes.” Bender and Polson voted “no.” Motion
carried.
A
decision to either accept the Fire Department employees reduced pay proposal
or to eliminate two Assistant Fire Chief positions was considered. City
Attorney Tim Noerrlinger advised the proposal could not be accepted until it
goes through the employees’ union. Fire Chief Eric Voss stated a decision
to eliminate the 2 Assistant Fire Chief positions would change the way fire
protection is provided in Fairbury in regards to response time and command
rules. Voss asked Council to renegotiate with the employees. Citizens
speaking in support of retaining the Assistant Chief positions were Stan
Schiermeyer (President of the City Volunteer Fire Department), Jon Novotny,
Elvis Carbaugh, Dan Stanton, Shirley Carmichael, Kendall Schlake, Jan
Grummert, Marlys Bryan, Jim Frager, Ed Durfee, Chris Goeking, and Dick
Hoppe. Letters of support written by the following were read: Fairbury
Clinic Physicians, Heritage Care Center, Tetra Micronutrients, Prairie View
Industries, Fairbury Public Schools, and Jefferson Community Health Center.
Individuals addressing the Council and letters read focused on the need for
immediate response, concerns for fire protection for life and property,
property insurance costs, and local economic impact. Figures and the amount
of money to be saved through the elimination of the Assistant Chief
positions were disputed. Bender expressed concern for the economic impact
of job eliminations. Bender made a motion to send the Fire Department
employees reduced pay proposal to the union for negotiation. Motion
seconded by Byrd. On roll call, Byrd and Bender voted “yes.” Brown,
Phillips, Trimm, Nelson, Fry, and Polson voted “no.” Motion failed. Nelson
made a motion to eliminate the two Assistant Fire Chief positions. Motion
seconded by Fry. On roll call, Brown, Phillips, Trimm, Nelson, Fry, and
Polson voted “yes.” Byrd and Bender voted “no.” Motion carried.
A
decision on the elimination of 1 – 2 Police Officer positions from the four
year budget was considered. Noerrlinger stated that in accordance with the
CWA contract, any eliminations made in the Police Department are to be done
in order of seniority, not by position, regardless of what positions are
eliminated. Jay Boyle of the CWA addressed the Council stating he and
Sergeant Doug Klaumann put together a reduced pay proposal and that they
were not even shown the courtesy of having that proposal on the agenda.
Boyle stated first response services should be the last to be cut, not the
first. Klaumann asked Council to retain all officer positions, stating drug
problems, thefts, and arrests are increasing. Klaumann asked the Council
for the opportunity to see if their proposal could work and was displeased
it was not on the agenda for consideration. Bender stated the City owns the
municipal electric system and that if the Council needs money for
necessities, it should take it from the Board of Public Works instead of
taking those necessities away from the citizens. Sheriff Nels Sorenson
stated that the Sheriff’s Department and the Police Department are a
combined effort and that even with 8 officers, they are stretched thin.
Lieutenant Wade Vernon stated he was present at the last Public Safety
Committee meeting where the committee voted to have their proposal sent to
the Council. Vernon inquired as to why the proposal, which would save the
City more money than these cuts would, was not placed on the agenda for
consideration. Others speaking in favor of retaining the positions were
Kylee Helmink, Allison Grummert, Jessica Schwartz, Tammie Davis, Dick Allen,
Steve Vanderslice, Devin Lovgren, Marlys Bryan, and Joy Gaston. Those
speaking in support of retaining the positions expressed concern for officer
safety and public safety. Suggestions were made to eliminate the City
Administrator instead of the officer positions. Ferneau stated if the
Council wants to bargain with the Police Department, they certainly can.
Noerrlinger advised the City is required to give the Police Department and
the CWA a sixty-day notice of job cuts during which time the City is
required to bargain with them and talk seriously about other cost saving
alternatives. When asked, Noerrlinger also stated special legal counsel
would be needed for these negotiations, as he is not a labor law attorney.
Trimm stated the committee did review the Police Department employees’
proposal; Mayor Mueller confirmed this. Discussion ceased. Fry made a
motion to eliminate one Police Officer position. Motion seconded by Trimm.
Brown, Phillips, Byrd, Trimm, and Fry voted “yes.” Nelson, Bender, and
Polson voted “no.” Motion carried.
A
decision to eliminate or retain the Police Secretary position in the four
year budget was considered. Ferneau prefaced the discussion by stating that
with cuts already made during this meeting, the City is now almost at a
balanced budget over the next four years. Brown inquired if action to
eliminate would eliminate the position or the person who currently is the
Police Secretary. Noerrlinger and Ferneau both stated this would eliminate
the position. Byrd stated this cut would take officers off the roads
because people will be coming into the police station for assistance that is
normally provided by the Police Secretary. Vernon concurred with Byrd,
stating the Police Secretary is paid to do clerical work in the office and
that the public coming in to a locked door will generate numerous
complaints. Noerrlinger spoke on behalf of the County Attorney’s office,
stating a Police Secretary who writes police reports that are needed for the
County Attorney’s office to prosecute charges is necessary. Noerrlinger
stated not having a Police Secretary will cause problems for the County
Attorney in regards to prosecutions. Sheriff Sorenson stated his office
manager already has a full plate and inquired as to where the current Police
Secretary duties, calls, and problems would be directed. Sorenson implored
the Council to retain the Police Secretary, stating there is a limit to what
the Sheriff’s Department has capabilities of doing. Trimm made a motion to
eliminate the Police Secretary position. Motion seconded by Brown. On roll
call, Brown, Phillips, Trimm, and Fry voted “yes.” Byrd, Nelson, Polson,
and Bender voted “no.” Mayor Mueller voted “yes” to break the tie. Motion
carried.
A
decision to eliminate or retain the Assistant Street Superintendent position
in the four year budget was considered. Street & Sanitation Superintendent
Mick Hynek addressed the Council, stating Tim Fuentez (Assistant Street
Superintendent) is very knowledgeable in the office, and helps the Street &
Alley and Sanitation Departments in the field as needed. Hynek stated he
would like the Council to retain the position. Fuentez stated that at a
previous meeting he had welcomed any Councilmember to visit his office and
that no one came to speak with him about his position and its
responsibilities. Fuentez stated he helps the Sanitation Department with
billing and runs the Public Works office when needed. Trimm requested
Fuentez outline his qualifications. Fuentez stated he is a licensed Street
Superintendent, works with Auto CAD, works with the Light & Water Department
on mapping and locating, does the bookwork, and is the secretary for the
Planning Commission and the Board of Adjustment. Frager spoke in support of
Fuentez stating that whenever he has questions regarding maps, Fuentez has
been the only one who could get the answers needed. Dick Allen also spoke
in support of retaining the Assistant Superintendent position. Trimm made a
motion to retain the Assistant Street Superintendent position. Motion
seconded by Byrd. On roll call, Brown, Phillips, Byrd, Trimm, Nelson,
Bender, Fry, and Polson voted “yes.” Motion carried.
Phillips made a motion to adopt Resolution No. 654
providing for the suspension of the hiring freeze to hire a new Police Chief
and repealing any resolutions in conflict herewith. Motion seconded by
Byrd. On roll call, Brown, Phillips, Byrd, Trimm, Nelson, Fry, and Polson
voted “yes.” Bender voted “no.” Motion carried.
Mayor Mueller
read by title Resolution No. 655 providing for the amendment of the City’s
Economic Development Plan and repealing Resolution No. 477 and any other
resolutions in conflict herewith. Phillips made a motion to go into
executive session for the purpose of discussing Resolution No. 655, reason
being threat of potential litigation connected to this matter, designating
those to remain as City Attorney Tim Noerrlinger, City Administrator Jim
Ferneau, and City Clerk Tami Arnold. Motion seconded by Trimm. On roll
call, Brown, Phillips, Byrd, Trimm, Nelson, Fry, and Polson voted “yes.”
Bender voted “no.” Motion carried. Mayor Mueller restated the subject
matter to be discussed during executive session was Resolution No. 655.
Executive session entered at 9:38 p.m.
Nelson
made a motion to enter into open session at 10:00 p.m. Motion seconded by
Phillips. On roll call, Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry,
and Polson voted “yes.” Motion carried. Bender made a motion to deny
passage of Resolution No. 655 and instruct the City Attorney to draft a
resolution amending Economic Development funding to be in compliance with
Resolution No. 477. Motion seconded by Brown. On roll call, Brown,
Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.” Motion
carried.
Mayor
Mueller read by title Ordinance No. 2956: AN ORDINANCE OF THE CITY OF
FAIRBURY, NEBRASKA PERTAINING TO BUSINESS REGULATIONS; GAS DISTRIBUTION
COMPANIES; TAX; TO REPEAL ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT
HEREWITH; AND PROVIDING FOR A TIME WHEN THIS ORDINANCE SHALL BE IN FULL
FORCE AND EFFECT. Bender made a motion to give third reading and final
passage to Ordinance No. 2956. Motion seconded by Byrd. On roll call,
Byrd, Bender, and Polson voted “yes.” Brown, Phillips, Trimm, Nelson, and
Fry voted “no.” Motion failed.
Mayor
Mueller read by title Ordinance No. 2957: AN ORDINANCE GRANTING AQUILA,
INC., D/B/A AQUILA NETWORKS, A DELAWARE CORPORATION, ITS LESSEES,
SUCCESSORS, AND ASSIGNS, A NONEXCLUSIVE FRANCHISE, RIGHT AND PRIVILEGE FOR A
PERIOD OF FIFTEEN (15) YEARS TO ERECT, MAINTAIN, AND OPERATE A GAS PLANT AND
GAS DISTRIBUTION SYSTEM AND ANY AND ALL NECESSARY PIPES, MAINS, SERVICES,
AND OTHER APPLIANCES THEREUNTO APPERTAINING, IN, UPON, OVER, ACROSS, AND
ALONG THE STREETS, ALLEYS, BRIDGES, AND PUBLIC PLACES OF THE CITY OF
FAIRBURY, NEBRASKA, AS THE SAME NOW ARE OR MAY HEREAFTER BE EXTENDED, FOR
THE MANUFACTURE, TRANSMISSION, DISTRIBUTION AND SALE OF GAS, WHETHER
ARTIFICIAL, NATURAL, OR OTHERWISE, FOR COOKING, HEATING, INDUSTRIAL, AND ALL
OTHER USES AND PURPOSES IN SAID CITY AND PRESCRIBING THE TERMS AND
CONDITIONS UNDER WHICH THE SAID COMPANY IS TO OPERATE. Bender made a motion
to give third reading and final passage to Ordinance No. 2957. Motion
seconded by Byrd. Noerrlinger stated that if this ordinance is not passed,
Aquila will no longer have the right to have their lines on our
right-of-ways and that Aquila will no longer be required to pay our
franchise fees. Noerrlinger asked the Council for direction as to
renegotiation. Rick Schwartz of Aquila stated his organization is a revenue
source who believes in community involvement. Schwartz reassured the
Council that Black Hills will uphold terms of the contract, as they are
legally required to do. Schwartz stated he believed all issues and concerns
were resolved on the first two readings. Trimm asked why the Council was
not negotiating with Black Hills instead of Aquila. Bender stated agreement
says it is binding to all successors and assigns. Bender inquired as to
whether the citizens of Fairbury would be in danger of losing gas service.
Noerrlinger advised that as long as Aquila’s service lines are in the City’s
right-of-ways, citizens will continue to receive service. Noerrlinger also
stated there are other municipalities that do not have franchise
agreements. Noerrlinger confirmed the agreement contains an heirs and
assigns clause and is legally binding regardless of who the owner is.
Brown, Trimm, Bender, and Polson voted “yes.” Phillips, Byrd, Nelson, and
Fry voted “no.” Mayor Mueller voted “no” to break the tie. Motion failed.
Nelson
made a motion to adjourn the meeting. Motion seconded by Bender. On roll
call, Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted
“yes.” Motion carried. Meeting adjourned at 10:25 p.m.
E. M. Mueller, Mayor
ATTEST:
Tami Arnold, City Clerk
