Regular Meeting
January 6, 2009
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 6th day of
January, 2009, 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 as required by law.
Roll call found the
following Council Members present: Doug Brown, Ed Friesen, Ron Byrd, Don
Trimm, Beryl Lueders, 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 clarified that this does not
prevent anyone from presenting their opinions to the Council ~ he wants to
hear from the floor at anytime.
Mayor Ward read the
Consent Agenda:
1.
Approval of the minutes of the
regular meeting of December 16, 2008.
2.
Approval of the minutes of the
special meeting of December 22, 2008.
3.
Approval of claims.
Bender moved to approve
the Consent Agenda. Motion seconded by Byrd. On roll call, Brown, Friesen,
Byrd, Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.” Motion
carried.
Trimm moved to Take
from the Table the consideration and approval of a $2,000.00 contribution to
the Fairbury Youth Involvement (FYI) Center. Motion seconded by Byrd. Byrd
moved to approve the $2,000.00 contribution to
Blue Valley Community Action/Americorp FYI
Center. Motion seconded by Trimm.
On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and
Davis voted “yes.” Motion carried.
Davis moved to approve
the inspection of the new aerial truck for the fire department and to give
final acceptance by the City. Motion seconded by Kuzelka. The City has
taken possession of a new E-One HP 75 Aerial Ladder Truck with Quest
Chassis, which was inspected by the Fire Chief and other fire personnel.
The truck meets all specifications required. On roll call, Brown, Friesen,
Byrd, Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.” Motion
carried.
Laura Alsman with the
Fairbury Journal-News was present to discuss the Downtown Christmas Lights.
The Fairbury Journal-News is going to spearhead the fundraising project for
the Christmas Lights. She needs to know what we want and don’t want
regarding the lights, what is feasible and doable. Alsman had spoken to the
Board of Pubic Works (BOPW) earlier today. The BOPW is open to anything
within their means; donate the utilities for the lights, maintain the
lights, store the lights, manpower to put up the lights and take down the
lights as long as it is on a reasonable level. The BOPW would like to have
someone on the committee or to have a voice on the committee for the
project. Alsman stated that it had been mentioned of maybe doing lights
coming down E Street and 5th Street to downtown, since these are
the main entrances to the downtown area, and also on K Street and 14th
Street. Alsman stated they will also be on the Commissioners agenda in the
future. Councilperson Don Trimm stated the main thing he hears is the lack
of lights coming down from the courthouse. The supporting poles are gone
and would be costly to put the poles back; but maybe some type of a
temporary pole could be used. Councilperson Ron Byrd stated we should get
info to see what we do have and if we would be able to use some of them
again. Councilperson Shirley Bender stated that in Abilene they do have
little Christmas trees in front of each house along the highway. City
Attorney David Bargen stated he has been in contact with the Department of
Roads (DOR) regarding the federal grant agreement between the City and the
State, if lights could be hung from the lamp posts. It specifically states
no advertising banners and brackets should be allowed on the poles at any
time. The attorney for the DOR is checking with the right-of-way
department. They have not gotten back with Bargen yet regarding this
matter. Bargen doesn’t feel that this prohibits Christmas lights being hung
from the lamp posts. Mayor Ward thanked Laura Alsman and said the Council
will give this consideration and get back to them.
David Bargen on behalf
of Rembolt Ludtke LLP law firm presented a donation to Laura Alsman for the
kick off of the fund drive in the amount of $500.00 for the Christmas
lights.
Trimm moved to give
authorization for Mayor Ward to sign the Deed of Reconveyance for the
Jefferson County Economic Development Corporation (JCEDC) building loan.
Motion seconded by Byrd. Bargen stated that with the sale of the Even Temp
building; this just clears the title.
On roll call, Brown, Friesen, Byrd, Trimm,
Lueders, Bender, Kuzelka, and Davis voted “yes.” Motion carried.
Brown moved that the
City not approve the acquisition of the drug dog from Jefferson County.
Motion seconded by Trimm. Brown stated that the Police Department is short
of manpower and dollars; have been working a lot of overtime, working too
many shifts in a row. Brown feels the dog could cause more hardships along
those lines; would have to get the officer and the dog trained and
certified. It takes six weeks to get the dog certified as a detector dog;
another seven weeks for a patrol dog; and eight hours of training per week.
This would add up to 608 man hours ~ the first year the City would incur
$10,017.00 in wages plus benefits, plus vet bills, food, etc. Brown doesn’t
think we can spare the manpower to do this at this time or the dollars.
Councilperson Beryl Lueders wanted to know if we had access to other dogs in
the area. Police Chief Brooks Bryan said that we do; but the time it takes
to get one here sometimes it would be too long. Lueders wanted to know why
the county doesn’t have the dog. Sheriff Nels Sorensen stated he doesn’t
have anyone on the force right now that wants to handle the dog. One of his
men went to the academy to work and one has moved to Colorado (that had the
dog before). Sorensen stated the dog is an excellent dog; but right now it
is back in Omaha where it was trained. Police Officer John Davis stated the
dog is already certified, a local business will donate the food, annual
veterinarian care would be $50.00-$60.00, already have a 2000 Jeep that is
equipped to transport dogs which would need minor modifications. Bryan
stated it is a drug dog, he does not want the responsibility a patrol dog.
Would have to get the dog certified with the handler, John Davis. They
could get trained in Omaha one on one with the same man that certified the
dog which would take three weeks. Bryan stated that Chad Sprunk has already
been certified in Thayer County so he could be used for a backup if needed.
Brown wanted to know if Sprunk would have to get certified with the dog;
which Bryan said he would have to. Trimm asked Sorensen how many times they
used the dog in a year. Sorensen said approximately a dozen times a month.
Lueders asked Sorensen if they had someone that they could train; Sorensen
replied he has no one that is interested in handling the dog and Bryan
stated he does have someone that is interested. Councilperson Brad Kuzelka
wanted to know how effective the dog is. Sorensen said 25%. Trimm wanted
to know how much the cost would be for a year after the initial expense.
Bryan said Lamberts will donate the food; has to be recertified every year.
Councilperson Ed Friesen stated it takes time and adjustments ~ still won’t
have officers that we need in time; would like to see that in place before
we add something more to the mix. We need to get everyone well and get
everyone certified. Sometimes opportunities can add complications to what
you’re trying to accomplish. Friesen stated timing is an issue. Lueders
stated she has a problem with the expense and the manpower expense. Citizen
Kent Preston questioned Davis’ back problems; if he has gotten an okay from
the doctor; that their could be times when this could be a problem. Byrd
thought it would be a good idea to acquire the drug dog. Citizen Frank
Jordan thought it would also be a good benefit and an asset to the city and
the county both. On roll call, Brown, Friesen, and Lueders voted “yes.”
Byrd, Trimm, Bender, Kuzelka, and Davis voted “no.” Motion failed. Bender
moved to approve acquiring the drug dog from Jefferson County. Motion
seconded by Davis. On roll call, Trimm, Byrd, Bender, Kuzelka, and Davis
voted “yes.” Brown, Friesen, and Lueders voted “no.” Motion carried.
Bender moved to Lay on
the Table Item #7 under Current Business – Update on pending litigation
until we have further information. Motion seconded by Lueders. On roll
call, Brown, Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and Davis voted
“yes.” Motion carried.
Bender moved to adopt
Resolution No. 711 authorizing the Street Superintendent to place a fifteen
minute parking sign on the west side of G Street between 4th and
5th Street in front of the east entrance of Blue Valley Community
Action (BVCA) . Motion seconded by Byrd. On roll call, Brown, Friesen,
Trimm, Byrd, Lueders, Bender, Kuzelka, and Davis voted “yes.” Motion
carried.
Bender moved to adopt
Resolution No. 712 authorizing the Street Superintendent to paint the curb
cut red as a “no parking” area on the west side of G Street between 4th
and 5th Street in front of the east entrance of Blue Valley
Community Action (BVCA). Motion seconded by Byrd. On roll call, Brown,
Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.”
Motion carried.
Within the City
Administrator’s report Joseph Parker reminded everyone about the Midwinter
Conference in Lincoln; if anyone is interested need to get in touch with the
clerk’s office tomorrow. Parker also stated he had received a report from
workers comp; the modifier will be .86; which we should be able to get a 14%
discount on our next insurance rate.
Kuzelka moved to
adjourn the meeting. Motion seconded by Byrd. On roll call, Brown,
Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.”
Motion carried. Meeting adjourned at 8:29 p.m.
Homer L. Ward, Mayor
ATTEST: Sharyl Preston, City Clerk
