Regular Meeting
June 1, 2010
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 1st day of
June 2010,
at 7:30 p.m. Mayor
Homer L. Ward 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 and pointed out by Mayor Ward as required by law.
Roll call found the
following Council Members present: Doug Brown, Ed Friesen, Roger Bailey, Tim
Polson, Phil Rogge, Shirley Bender, Brad Kuzelka, and Kelly Davis.
Mayor Ward called for
the submittal of forms to request future agenda items. No forms were
submitted during the meeting.
Mayor Ward read the
Consent Agenda:
1.
Approval of the minutes of the
regular meeting of May 18, 2010.
2.
Approval of claims.
Polson moved to approve
the Consent Agenda. Motion seconded by Bailey. On roll call, Brown,
Friesen, Bailey, Polson, Rogge, Bender, Kuzelka, and Davis voted “yes.”
Motion carried.
Bender moved to
approve the resignation of Brooks Bryan as Fairbury Chief of Police. Motion
seconded by Rogge. On roll call, Brown, Friesen, Bailey, Polson, Rogge,
Bender, Kuzelka, and Davis voted “yes.” Motion carried.
Bailey moved to approve
the Mayor’s designation of Sergeant Brett Wentz to be officer in charge of
the police department during interim while police chief is selected. Motion
seconded by Friesen. On roll call,
Brown, Friesen, Bailey, Polson, Rogge, Bender, Kuzelka, and Davis voted
“yes.” Motion carried.
Bender moved to
approve an additional 1% increase in Restricted Funds Limitation for the
2010-2011 budget for the City of Fairbury. Motion seconded by Bailey. The
City Clerk called the roll: Brown – Aye; Friesen – Aye; Bailey – Aye; Polson
– Aye; Rogge – Aye; Bender – Aye; Kuzelka – Aye; Davis – Aye. Motion
carried.
Brown moved to approve
the addendum (Attachment 1-7) regarding the E-Verify requirements, to the
Consulting Services Agreement between the City of Fairbury and HWS
Consulting Group, Inc. Motion seconded by Bender. City Attorney David
Bargen stated this clause is now required because of LB403 on all contracts
between the City and contractors; this will be adding the clause to the
contract. On roll call, Brown, Friesen, Bailey, Polson, Rogge, Bender,
Kuzelka, and Davis voted “yes.” Motion carried.
Bender moved to
approve the transferring of any grant money electronically deposited into
the General Fund from the State of Nebraska, for the Citywide Owner-Occupied
Housing Rehabilitation Program Contract No. 09-HO-6046, from the General
Fund to the CDBG Fund. Motion seconded by Rogge. Mayor Ward stated this
program is the one whereby eligible housing in the City of Fairbury may have
certain repairs done to the houses to improve them and extend the life of
owner-occupied housing. City Administrator Joseph Parker stated this is a
grant the City received for rehabbing houses; can be used for roofing,
windows, etc. Parker stated they have received approximately 9-10
applications. Council member Rogge questioned if this was still open for
applications. Parker stated it is still open for applications which can be
obtained from SENDD. On roll call, Brown, Friesen, Bailey, Polson, Rogge,
Bender, Kuzelka, and Davis voted “yes.” Motion carried.
Bender moved to
approve enrolling in the OHARA Nebraska Certified Plan, through Gill
Insurance, for worker’s compensation care for the City of Fairbury. Motion
seconded by Kuzelka. Mayor Ward stated this is part of the changeover
process from Starr Buckow Insurance to Gill Insurance. On roll call, Brown,
Friesen, Bailey, Polson, Rogge, Bender, Kuzelka, and Davis voted “yes.”
Motion carried.
Brown moved to adopt
Resolution No. 778 authorizing the City to make preparations for the sale of
the 2000 Ford Crown Victoria Interceptor by means of displaying said vehicle
as City directs, not sell for less than $1,500.00, and if not sold in thirty
days then shall be sold at a public auction or a car auction. Motion
seconded by Bailey. Council member Bender would like to amend the resolution
by adding if the vehicle doesn’t get sold in thirty days or at a public
auction or a car auction, then the car could be exchanged for not less than
$1,000.00 worth of police goods in trade for the vehicle. Council member
Brown feels the vehicle needs to be sold so the proceeds can be put back in
the General Fund as more money was given to the police department to
purchase the new vehicle since they didn’t have enough money budgeted; part
of the agreement of giving more money was the money received for selling the
old vehicle would be put back in the General Fund. Council member Polson
stated the City could also set a limit at the auction so it wouldn’t be sold
under a set amount. Council member Friesen questioned which fund the money
was taken out of to purchase the vehicle. Parker stated it was the General
Fund. Friesen also stated the money received for selling the vehicle is to
be put back in the General Fund; rather than get credit for equipment, as
that wouldn’t be putting the money back in the General Fund. Parker stated
that the credit could be used later. Bender moved to amend Resolution No.
778 by adding if conditions are not met as set in current resolution then
the last option would be to trade-in the vehicle for at least $1,000.00 in
equipment. Motion seconded by Davis. On roll call on the amendment,
Polson, Rogge, Bender, Kuzelka, and Davis voted “yes.” Brown, Friesen,
Bailey voted “no.” Motion carried. On roll call on the amended resolution,
Friesen, Polson, Rogge, Bender, Kuzelka, and Davis voted “yes.” Brown and
Bailey voted “no.” Motion carried.
Mayor Ward read by
title Ordinance No. 2995: AN ORDINANCE IMPLEMENTING THE ECONOMIC
DEVELOPMENT PROGRAM OF THE CITY OF FAIRBURY UPON THE TERMS SET OUT IN THE
ENABLING RESOLUTION NO. 758, PURSUANT TO THE NEBRASKA LOCAL OPTION MUNICIPAL
ECONOMIC DEVELOPMENT ACT.
Bailey moved to
suspend the statutory three readings requirement for Ordinance No. 2995.
Motion seconded by Brown. On roll call, Brown, Friesen, Bailey, Polson,
Rogge, Bender, Kuzelka, and Davis voted “yes.” Motion carried. Polson
moved for the final passage of Ordinance No. 2995. Motion seconded by
Rogge. On roll call, Brown, Friesen, Bailey, Polson, Rogge, Bender,
Kuzelka, and Davis voted “yes.” Motion carried.
Mayor Ward read by
title Ordinance No. 2996: AN ORDINANCE TO ADOPT AND IMPOSE A SALES AND USE
TAX, EFFECTIVE AS PROVIDED BY LAW, OF ONE-HALF OF ONE PERCENT (1/2%) UPON
THE SAME TRANSACTIONS WITHIN THE CORPORATE LIMITS OF THE CITY OF FAIRBURY,
JEFFERSON COUNTY, NEBRASKA, ON WHICH THE STATE OF NEBRASKA IS AUTHORIZED TO
IMPOSE SUCH A TAX PURSUANT TO THE NEBRASKA REVENUE ACT OF 1967, AS AMENDED,
AND THE NEBRASKA LOCAL OPTION REVENUE ACT OF 1969, AS AMENDED; TO PROVIDE
FOR THE ADMINISTRATION, ASSESSMENT, COLLECTION, CLAIMS, REMEDIES, PENALTIES,
AND DISPOSITION OF SUCH SALES AND USE TAX; TO REPEAL CONFLICTING ORDINANCES;
AND TO PROVIDE FOR AN EFFECTIVE DATE THEREOF.
Polson moved to suspend the statutory three
readings requirement for Ordinance No. 2996. Motion seconded by Bender. On
roll call, Brown, Friesen, Bailey, Polson, Rogge, Bender, Kuzelka, and Davis
voted “yes.” Motion carried. Polson moved for the final passage of
Ordinance No. 2996. Motion seconded by Bailey. On roll call, Brown,
Friesen, Bailey, Polson, Rogge, Bender, Kuzelka, and Davis voted “yes.”
Motion carried.
Within the City
Administrator’s report Joseph Parker stated Assistant Street Superintendent
Laura Bedlan has gotten the house demolitions back on track. HWS has been
back down for asbestos inspections on twenty more houses. Parker stated he
doesn’t know if we will have enough money to do twenty more houses; but
didn’t want to pass up the opportunity in case we would have enough with the
remaining $75,000.00 to do them all. Parker stated an ad will be in this
Wednesday’s paper for demolition bids for these houses. The bids have to
be returned by June 14, 2010 and Parker will report to the Council at the
June 15, 2010 meeting. July 31, 2010 is the deadline to have all the
dollars committed; have to have the paper work completed – contracts signed,
and the bids have to be accepted by the end of July.
Bender moved to adjourn
the meeting. Motion seconded by Davis. On roll call, Brown, Friesen,
Bailey, Polson, Bender, Kuzelka, and Davis voted “yes.” Motion carried.
Meeting adjourned at 7:47 p.m.
Homer L. Ward, Mayor
ATTEST: Sharyl
Preston
