Special Meeting
July 28, 2008
The
Mayor and Council of the City of Fairbury met in special session in the
Council Chambers located at 612 D Street, Fairbury, Nebraska, on the 28th
day of July, 2008 at 6:00 p.m. Mayor LaVeda L. Fry called the meeting to
order.
Pursuant to Neb. Rev. Stat. § 17-106 and Fairbury Municipal Code § 33.04,
Mayor Fry called the special meeting; the object of the meeting was
submitted to the Council in writing upon submission of the final agenda for
the meeting; and the call, object, and disposition of the special meeting
have been entered upon the journal by the City Clerk. The City Clerk
notified the Mayor and Council of the special meeting. 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, Friesen,
Trimm, Bender, and Polson. Absent: Byrd.
Mayor Fry called for the submittal of forms to request future agenda items.
No forms were submitted during the meeting.
Mayor Fry nominated Beryl Lueders to fill the vacancy in the office of City
Councilperson, Ward 4. Trimm made a motion to approve the appointment of
Beryl Lueders to fill the vacancy in the office of City Councilperson, Ward
4. Motion seconded by Polson. On roll call, Brown, Friesen, Trimm, Bender,
and Polson voted “yes.” Byrd absent. Motion carried. Lueders was sworn
into office by City Attorney David Bargen, who administered the Oath of
Office to Lueders.
Councilmember Byrd arrived at 6:05 p.m.
Discussion was held regarding the approval of the contract with Joseph
Parker as City Administrator.
Bargen stated the items that were changed from the original agreement were
as follows: under Section 3, the term of employment was changed to two
years instead of three years; Section 4 was added, place of residence;
Section 5c automobile, Parker shall be solely responsible for all
maintenance and repair expenses and for providing automobile liability
insurance protecting Parker and the City was added; Section 5d was added,
city-related expenses. Bargen stated if the Council approves the agreement,
they will have to determine what the annual cap will be in both Section 10
dues and subscriptions and in Section 11 professional development. Bender
questioned the Fairbury City Code Section 30.15C regarding not being engaged
in any other business activity. Bender says this is in conflict with the
employment agreement; on page l, Section 2 it states devote all of his
business time and attention to the business of the City and on page 5,
Section 9 it states he would be allowed to teach, counsel, or consult in
other business not connected with the business of the City after obtaining
approval of the Governing Body. Bender stated that these conflict with each
other in the agreement. Bargen stated the Mayor and Council would have
final approval; he feels this would be satisfactory. Brown made a motion
to approve the amended contract with Joseph Parker with a clause to clarify
the outside activities and to put the annual cap of $1,500.00 for dues and
subscriptions and $2,500.00 for professional development. Motion seconded
by Bender. On roll call, Brown, Friesen, Trimm, Byrd, Lueders, Bender, and
Polson voted “yes.” Motion carried.
Bargen stated he had received a call from a banker in Iowa regarding
property owned by Steven and Joanna Vanderslice. The City had used the
property as security for a loan from the City. The loan was paid some time
ago, so there is no reason for the City to retain an interest in the
property as collateral, and the City may request that the property no longer
be held in trust so that it may be transferred. Byrd made a motion to
authorize the Mayor to sign the Request for Reconveyance. Motion seconded
by Polson. On roll call, Brown, Friesen, Trimm, Byrd, Lueders, Bender, and
Polson voted “yes.” Motion carried.
Bender made a motion to adjourn the meeting. Motion seconded by Byrd. On
roll call, Brown, Friesen, Trimm, Byrd, Lueders, Bender, and Polson voted
“yes.” Motion carried. Meeting adjourned at 6:28p.m.
LaVeda
L. Fry, Mayor
ATTEST:
Sharyl Preston, City Clerk
