Regular Meeting
June 5, 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 5th
day of June, 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.
Citizens
with Business Not Scheduled on the Agenda addressed the Council as follows:
Pam Schroeder regarding the special meeting held May 29, 2007; John Hiebert
regarding a property neighboring his residence that needs mowed; Jim Frager
regarding economic development.
Mayor Mueller
read the Consent Agenda. (1)Approval of the minutes of the regular meeting
of May 15, 2007. (2)Approval of the minutes of the special meeting of May
29, 2007. (3)Approval of claims. Byrd 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 the public hearing concerning closing comments on the Community
Development Block Grant (CDBG) portion of the Central Business District
Improvements Project. Harry Milligan, Grant Administrator, stated a
Certificate of Substantial Completion has been received and that General
Excavating, general contractor for the project, should have project
deficiencies remedied shortly. Milligan informed the Council that a draft
monitoring letter was received from the State, noting some payroll issues
which he would have corrected within ten days. Once those issues are
corrected, a final monitoring letter will be issued from the State. Mayor
Mueller invited citizen comments on the Central Business District
Improvements Project. No citizens addressed the Council with comments
either pro or con. Mayor Mueller declared the public hearing concerning the
Central Business District Improvements Project closed at 7:40 p.m.
Trimm
made a motion to approve the appointment of Brooks Bryan to the position of
Chief of Police. Motion seconded by Byrd. On roll call, Brown, Phillips,
Byrd, Trimm, Nelson, Fry, and Polson voted “yes.” Bender voted “no.”
Motion carried. Mayor Mueller administered the Oath Office and Bryan was
sworn in as Chief of Police.
Superintendent of Utilities Michael Beachler addressed the Council reporting
on the security of the City’s Power Plant and Water System. Beachler stated
the Power Plant is staffed 24 hours per day, 7 days a week and that the
storeroom door, which was not previously locked during the noon hour, is now
being locked. Beachler also informed the Council that the Water Department
follows mandatory Department of Environmental Quality regulations to ensure
water supply safety. Beachler also stated water houses are equipped with
alarm systems which are monitored by Power Plant staff via the SCADA system.
The
Council considered a request from Wildridge for LB840 funds for the cost
difference between 4” water lines and 6” water lines with fire hydrants.
Mayor Mueller stated someone other than the municipality would be purchasing
the supplies for the project. Byrd made a motion to proceed with approving
the request from Wildridge for LB840 funds to pay the difference in cost
between 4” lines and 6” lines with fire hydrants with a $25,000 expenditure
cap. Motion was seconded by Trimm. Brown and Bender requested permission
to abstain from voting due to a potential conflict of interest. On roll
call, Phillips, Byrd, Trimm, Fry, and Polson voted “yes.” Nelson voted
“no.” Brown and Bender abstained. Motion carried.
Bender
made a motion to approve a request from Blue Valley Community Action for
permission to use the west side of the downtown square on Thursday mornings
for the Farmer’s Market, beginning June 21, 2007. 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 approve a liquor license
manager application for Keith M. Slater in connection with VFW Post 3113.
Motion seconded by Byrd. On roll call, Brown, Phillips, Byrd, Trimm,
Nelson, Bender, Fry, and Polson voted “yes.” Motion carried.
Brown made a motion to approve the appointment of Marvin
Yost to the Economic Development Committee. Motion seconded by Trimm. On
roll call, Brown, Phillips, Byrd, Trimm, Nelson, Fry, and Polson voted
“yes.” Bender voted “no.” Motion carried.
Nelson
made a motion to approve the resignation of John Hiebert from the Citizens
Advisory Review Committee. Motion seconded by Phillips. On roll call,
Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.”
Motion carried.
Brown made a motion to acknowledge receipt of a Notice of
Tort Claim of Barbara Rolland. Motion seconded by Trimm. Polson requested
permission to abstain from voting due to a potential conflict of interest.
On roll call, Brown, Phillips, Byrd, Trimm, Nelson, Bender, and Fry voted
“yes.” Polson abstained. Motion carried.
The
Council considered taking action on default of a Reuse loan to Sycamore
Tree, Inc. City Administrator Jim Ferneau stated he had been in contact
with Joanna Vanderslice who stated they are expecting a significant cash
flow in the near future and requested action be delayed until after August
15, 2007. City Attorney Tim Noerrlinger advised no legal harm exists in
delaying action until after August 15th. Trimm made a motion to
authorize the City Attorney to take necessary legal action if the note to
Sycamore Tree, Inc remains in default after August 15, 2007. Motion
seconded by Byrd. On roll call, Brown, Phillips, Byrd, Trimm, Nelson,
Bender, Fry, and Polson voted “yes.” Motion carried.
The
Council considered a request for authorization for Mayor Mueller to sign a
Memorandum of Understanding (MOU) with the International Union of Operating
Engineers (IUOE), Local 571. Noerrlinger advised the MOU was necessary to
remove special references to a Fire Chief that works as a member of a 24
hour per day Fire Department. Noerrlinger stated the result of the MOU is
that the Fire Chief will now be treated as any other department head within
the City. Byrd made a motion to approve the request for authorization for
Mayor Mueller to sign the MOU with the IUOE. Motion seconded by Phillips.
On roll call, Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson
voted “yes.” Motion carried.
The
Council considered approval of a recommendation from the Personnel Committee
regarding negotiations with the Communications Workers of America (CWA) and
authorizing Mayor Mueller to sign an MOU with the CWA. Noerrlinger stated
the MOU details an agreement that consists of an early retirement offer for
one member of the CWA which includes a post-employment health plan payout
and a $250 per year of service payment in addition to a freeze of wages
until October 1, 2008 for all members of the CWA. Ferneau stated this
agreement is contingent upon someone accepting the early retirement offer,
and if no one accepts the offer, the positions would be eliminated as
originally proposed. Bender inquired as to the costs involved in the
retirement buyout option and Ferneau stated approximate costs, which would
vary according to which employee accepts the offer, would be $44,000 for
insurance and $9200 for years of service. Fry made a motion to approve the
recommendation of the Personnel Committee and authorize Mayor Mueller to
sign the MOU with the CWA. Motion seconded by Brown. On roll call, Brown,
Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.” Motion
carried.
Bender
made a motion to approve the reappointment of Marvin Engel to the Fairbury
Housing Authority, term to expire May 2012. Motion seconded by Byrd. On
roll call, Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson
voted “yes.” Motion carried.
Mayor Mueller
read by title Resolution No. 658 providing for the creation of a handicapped
parking stall in the 300 Block of F Street and repealing any resolutions in
conflict herewith. Bender made a motion to adopt Resolution No. 658.
Motion seconded by Trimm. On roll call, Brown, Phillips, Byrd, Trimm,
Nelson, Bender, Fry, and Polson voted “yes.” Motion carried.
Ferneau
announced that a NIMS training session will be held at 7:00 on June 25th
at Union Bank & Trust and provided a list of City officials and employees
who need to attend. Ferneau informed the Council that the hearing on the
Utility Department budget would be held at the June 19, 2007 meeting. Mayor
Mueller asked Council to provide him with input on dog ordinances and kennel
license provisions.
Byrd 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
8:15 p.m.
E. M. Mueller, Mayor
ATTEST:
Tami K. Dandliker, City Clerk
