Regular Meeting
November 17, 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 17th day of
November 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 and pointed out by Mayor Ward as required by law.
Roll call found the
following Council Members present: Don Trimm, Ed Friesen, Ron Byrd, Doug
Brown, Beryl Lueders, Shirley Bender, Kelly Davis, and Brad Kuzelka.
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 November 3, 2009.
2.
Approval of claims.
3.
Approval of the October 2009
Reconciliation Report.
Trimm moved to approve
the Consent Agenda. Motion seconded by Davis. On roll call Brown, Friesen,
Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.” Byrd voted “no.”
Motion carried.
Mayor Ward opened the
Public Hearing concerning the removal of two members, Denise Blatny and
Yvonne Ridder, from the Planning Commission pursuant to Neb. Rev. Stat.
§ 19-926. Council
member Doug Brown questioned if any one has had contact with the members.
Mayor Ward stated their has been no communication; Denise Blatny has not
attended a meeting since July 13, 2009 and Yvonne Ridder has not attended a
meeting since February 9, 2009; the Planning Commission has recommended the
removal of both members for lack of attendance. Council member Beryl
Lueders stated she had contacted Blatny’s parents, but didn’t have any luck
getting a hold of her. Brown stated Blatny had done a really good job while
she was on the Planning Commission.
No one addressed the Council during the
public hearing. Mayor Ward declared the hearing closed.
Brown moved to approve
the removal of two members, Denise Blatny and Yvonne Ridder, from the
Planning Commission pursuant to Neb. Rev. Stat. § 19-926 for lack of
attendance. Motion seconded by
Byrd. On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka,
and Davis voted “yes.” Motion carried.
Friesen moved to
approve appointing Jerry Hain as the Certified City Street Superintendent
for January 1, 2009 to December 31, 2009 for determining incentive payment
for 2009. Motion seconded by Kuzelka. Mayor Ward stated this request is
being made to ensure that the City has a fully qualified and certified
Street Superintendent to oversee various projects. This ensures the flow of
Highway Incentive Payment dollars which would not be allowed if the City did
not have a certified Street Superintendent. On roll call, Brown, Friesen,
Byrd, Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.” Motion
carried.
Brown moved to Lay on
the Table Item #3 under Current Business – Discuss pending litigation until
the end of the Council meeting. 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. 751 authorizing the
Mayor to enter the City of Fairbury into an Interlocal Agreement for the
administration of the Rural Apprehension Program (RAP). Motion seconded by
Friesen. On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Bender,
Kuzelka, and Davis voted “yes.” Motion carried.
Council member Ed
Friesen invited everyone to attend the Christmas Concert, at 2:00 p.m. on
December 13, 2009, at the Burkley Fine Arts Center at the high school. It
will be a free will admission with all proceeds going for the Girl Scout
Cabin’s restoration. Peg Friesen will have a piano concert; her cd’s will
also be for sale with all proceeds going to the renovation; Jenna Hughes,
Miss Jefferson County, will also be present; the Girl Scouts will give a
presentation; along with other guests. If anyone wants to make a tax
deductible donation to the Girl Scout Cabin restoration, make checks payable
to the Fairbury Civic Foundation.
Brown moved to Take
from the Table Item #3 under Current Business – Discuss pending litigation.
Motion seconded by Trimm. On roll call, Brown, Friesen, Trimm, Byrd,
Lueders, Bender, Kuzelka, and Davis voted “yes.” Motion carried.
In open session, Brown
moved to enter into closed session for the purpose of protecting the public
interest, the subject matter of the closed session being discussing pending
litigation; designating individuals to remain as Mayor Ward; Council Members
Brown, Friesen, Trimm, Byrd, Lueders, Bender, Kuzelka, and Davis; City
Attorney David Bargen; City Administrator Joseph Parker, and City Clerk
Sharyl Preston. Motion seconded by Trimm. On roll call, Brown, Trimm,
Byrd, Friesen, Lueders, Bender, Kuzelka, and Davis voted “yes.” Motion
carried. Mayor Ward confirmed the purpose of the closed session was to
protect the public interest, and the subject matter for the closed session
is pending litigation and announced the time of the start of the closed
session to be 7:40 p.m.
The council came out
of closed session at 8:07 p.m. Byrd moved to enter into open session.
Motion seconded by Davis. On roll call, Brown, Trimm, Friesen, Byrd,
Lueders, Bender, Kuzelka, and Davis voted “yes.” Motion carried.
Bender moved to adjourn
the meeting. Motion seconded by Friesen. On roll call, Brown, Trimm,
Friesen, Byrd, Lueders, Bender, Kuzelka, and Davis voted “yes.” Motion
carried. Meeting adjourned at 8:08 p.m.
Homer L. Ward, Mayor
ATTEST: Sharyl Preston, City Clerk
