Regular Meeting
December 2, 2008
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 2nd day of
December, 2008, at 7:30 p.m. Council President Douglas Brown 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.
City Attorney David
Bargen administered the Oath of Office to the newly elected Mayor, Homer L.
Ward.
Mayor Ward conducted
the remainder of the Council meeting.
City Attorney David
Bargen administered the Oath of Office to newly elected City Council
members: Kelly Davis – Ward I, Ronald R. Byrd – Ward II, Shirley Bender –
Ward III, and Douglas E. Brown – Ward IV.
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 read the
Consent Agenda:
1.
Approval of the minutes of the regular meeting of November 18, 2008.
2.
Approval of claims.
3.
Approval of the appointment of Kelly Davis to the Historic
Preservation Commission for the Downtown Design Challenge Grant Program.
Mayor Ward asked for
approval of the minutes and claims. Trimm moved to approve the minutes of
the November 18, 2008 meeting and approval of the claims. Motion seconded
by Lueders. On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Bender,
Kuzelka, and Davis voted “yes.” Motion carried.
Friesen moved to
approve the appointment of Kelly Davis to the Historic Preservation
Commission for the Downtown Design Challenge Grant Program. Motion seconded
by Byrd. On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Bender, and
Kuzelka voted “yes.” Davis abstained. Motion carried.
Mayor Ward called for
nominations for the office of City Council President. Davis nominated
Shirley Bender. Lueders nominated Douglas Brown. There being no further
nominations, Mayor Ward declared the nominations closed. The vote was cast
by secret ballot. Bargen stated either the Mayor or City Clerk could count
the ballots. Only seven ballots were originally cast – Bender was going to
abstain as she didn’t think she should vote for herself; Bargen stated she
could vote for herself if she wished. City Clerk Sharyl Preston read the
ballots.
Final tally:
Brown – 6; Bender – 2. Council President will be Douglas Brown.
The Mayor asked the
Council to approve the following appointments:
City
Attorney...................................................................
Joseph Chilen
Deputy City
Attorney....................................................... Linda Bauer
& Ronald Schwab
City
Administrator............................................................
Joseph Parker
City
Clerk/Treasurer.........................................................
Sharyl Preston
Street & Sanitation Supt/Parks & Recreation
Director..... Howard (Mick) Hynek
Fire
Chief.........................................................................
Eric Voss
Police
Chief......................................................................
Brooks Bryan
Police Officers
Full Time: Cody Barry/John
Davis/David Schmehl/Chad Sprunk/Brett Wentz
Part Time: Eric Voss
Reserve: Vickie Banahan
Superintendent of
Utilities................................................ Michael Beachler
Plumbing
Inspector.......................................................... Jeffery
Sweetser
Building
Inspector............................................................ Eric
Voss
Trimm moved to
consider the appointment of City Attorney and Deputy City Attorney
separately from the other appointments. Bargen stated the Mayor’s
appointments and nominations to the Council act as a motion and a second so
just have to discuss the appointments and then vote the nominations up or
down. Lueders seconded. Brown suggested the City Attorney and Deputy City
Attorney each be considered separately. Mayor Ward nominated Joseph Chilen
as City Attorney. Lueders stated Mr. Bargen has experience specifically in
municipal law; has done an excellent job, and likes the objectivity he
brings to the council meetings versus the local attorneys. Lueders has
nothing against Chilen, but would like to have Bargen retained. Trimm
agrees; he has no objection to Chilen but wants to keep Bargen - that he has
steered the City well while he has been City Attorney. Bender requested
Bargen explain what can now be done if Chilen is not appointed. Bargen
stated the Mayor can bring back to the next meeting a new nomination; the
Council can approve any appointment up or down; but they cannot nominate
their own person. Only the Mayor can choose who will be appointed and if
that person is voted down, the Mayor can come back again and nominate
someone else; but may not renominate someone the council rejects. Citizen
Geri Katz thinks the City needs an expert in the field of municipal law;
nothing against the local attorneys, but they do not have the same expertise
that Bargen & Fahleson have; if we had someone like Bargen as our legal
advisor all along we wouldn’t be in some of the predicaments that we are in.
Bargen makes sure the motions are worded correctly so we have no
repercussions from this as we have in the past. Bargen can take care of any
problem the City may have. Bargen has the expertise of municipal law as the
local attorneys do not have. Citizen Mary Ann Willis thinks Bargen has done
an excellent job and we need someone that can take care of lawsuits and know
what they’re doing. Citizen Ella Mae Monroe says Bargen has done a
fantastic job for our town; has gotten us out of messes; if he would have
been our attorney we probably wouldn’t have been in the messes we were.
Mayor Ward stated the reason he has named Chilen as City Attorney; he has
known Chilen for forty years and he is a very competent attorney. Mayor
Ward stated he also does not like to take business out of town. Katz stated
this is similar to the doctors we have here, general practitioners, (like
our local attorneys) – if we have serious problems we go to see a
specialist. The fee is slightly higher, but well worth it to have the
expertise. She likes to keep things simple – have only one law firm instead
of two or three. Bargen stated the Mayor can limit comments at any time.
Mayor Ward asked for approval of the appointment of Joseph Chilen as City
Attorney. Byrd wanted to know how it would work to keep the Council up to
speed on things going on now – Bender stated Bargen will still continue with
taking care of that. On roll call, Brown, Friesen, Trimm, Lueders, and
Kuzelka voted “no.” Byrd, Davis, and Bender voted “yes.” The nomination is
rejected. David Bargen will remain City Attorney until a new appointment
has been made or he is removed from office by the Mayor.
Mayor Ward asked for
approval of the following appointments:
City
Administrator............................................................
Joseph Parker
City
Clerk/Treasurer.........................................................
Sharyl Preston
Street & Sanitation Supt/Parks & Recreation
Director..... Howard (Mick) Hynek
Fire
Chief.........................................................................
Eric Voss
Police
Chief......................................................................
Brooks Bryan
Police Officers
Full Time: Cody Barry/John
Davis/David Schmehl/Chad Sprunk/Brett Wentz
Part Time: Eric Voss
Reserve: Vickie Banahan
Superintendent of
Utilities................................................ Michael Beachler
Plumbing
Inspector.......................................................... Jeffery
Sweetser
Building
Inspector............................................................ Eric
Voss
Trimm made a motion to
approve these appointments. Motion seconded by Lueders. On roll call,
Brown, Friesen, Byrd, Trimm, Lueders, Bender, and Kuzelka voted “yes.” Davis
abstained. Motion carried.
Mayor Ward nominated
Linda Bauer and Ronald Schwab as Deputy City Attorneys. Friesen stated we
currently have Bauer doing work for us. Mayor Ward stated this is a
different issue. Friesen wanted to know if some of the work that Bauer does
for us now would be covered under Deputy City Attorney. Mayor Ward stated
that it would not. Brown stated that the Deputy City Attorney acts in the
absence of the City Attorney. Lueders commented that we presently have Mr.
Bargen’s firm as Deputy City Attorney. Bender stated that we will not have
an attorney if we do not appoint one tonight. Bargen stated the old
appointments continue until a new appointment is made; there will be a new
nomination at the next meeting. Bender stated that the Mayor could remove
Bargen if he wanted to do so. Bargen explained the Mayor can remove him as
City Attorney even without having a replacement; at that point the Deputy
City Attorney would step in until a replacement is found. On roll call,
Brown, Trimm, Byrd, Bender, Kuzelka, and Davis voted “yes.” Friesen and
Lueders voted “no.” Motion carried.
City Attorney David
Bargen administered the Oath of Office to the appointments, as a group, with
the exception of City Attorney since that appointment was not approved; and
Deputy City Attorney as Linda Bauer and Ronald Schwab were not present.
Mayor Ward read a
letter from Linda Bauer regarding prosecution of City ordinance cases.
David Bargen had contacted her in early October to do this as it is not very
cost effective for his firm to do some of the criminal prosecution work.
She has submitted a proposal for the Council’s consideration which Mayor
Ward also read in its entirety. “The City shall pay Attorney at the rate of
$125.00 per hour for time spent reviewing reports concerning city ordinance
violations, filing complaints and citations for violations, and all court
appearances concerning these cases. During the term of this agreement, the
City or Attorney may withdraw from the agreement with written notice to the
other party at any time. This agreement shall continue until December 1,
2009, and shall be renewed on an annual basis thereafter.” Brown made a
motion to accept the Retainer Agreement between the City of Fairbury and
Schwab & Bauer P.C. with Linda Bauer acting as city prosecutor. Motion
seconded by Trimm. On roll call, Brown, Friesen, Byrd, Trimm, Bender,
Kuzelka, and Davis voted “yes.” Lueders voted “no.” Motion carried.
Bargen recommended
postponing item #6 under Current Business – Consideration of Engagement
Letter with Rembolt Ludtke LLP as outside counsel. Bargen feels this should
be postponed until the Mayor makes a new nomination for City Attorney. Byrd
questioned what would happen if there would be a conflict of interest
regarding the pending lawsuits if a different City Attorney were nominated.
Bargen explained this would have his firm continue with the pending lawsuits
to avoid a conflict of interest problem for the City. Trimm made a motion to
postpone item #6 until the next Council meeting which is December 16, 2008.
Motion seconded by Friesen. On roll call, Brown, Friesen, Byrd, Trimm,
Lueders, Bender, Kuzelka, and Davis voted “yes.” Motion carried.
Friesen moved to take
from the table the issue of advertising for bids for selling the snorkel
truck for the fire department. This was laid on the table at the last
Council meeting which was November 18, 2008. Motion seconded by Trimm. On
roll call, Brown, Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and Davis
voted “yes.” Motion carried.
Lueders moved to adopt
Resolution No. 707 authorizing the Fairbury Fire Chief Eric Voss to make
preparations for the sale of the 1966 Model LF2-4229 Snorkel Truck by means
of taking sealed bids. Bids to be received no later than 5:00 p.m. on
December 16, 2008 in the City Clerk’s office. They will be opened during
the December 16, 2008 Council meeting. Motion seconded by Kuzelka. On roll
call, Brown, Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and Davis voted
“yes.” Motion carried.
Bender moved to adopt
Resolution No. 708 obligating LB840 funds to Tatro Chiropractic, P.C. in the
amount of $3,000.00 for a “Downtown Design Challenge Grant.” Motion
seconded by Davis. David Taladay with SENDD was present, acting as Program
Administrator for the LB840 plan. Taladay stated the Council had approved
the guidelines for the “Downtown Design Challenge Grant” a couple months ago
obligating a pool of $18,000.00 to be used for this grant. Taladay stated
the Historic Preservation Commission had met to review an application they
had received from Tatro Chiropractic for a Downtown Design Challenge grant
which they recommend the Council approve. The applicant will renovate the
exterior of a newly purchased building at 414 E Street, “Polly’s” building,
which is in the Historic District. The total expenditures of the exterior
renovation will be $15,125.00. On roll call, Brown, Friesen, Byrd, Trimm,
Lueders, Bender, Kuzelka, and Davis voted “yes.” Motion carried.
Within the City
Administrator’s report Joseph Parker stated he has talked with the radio
station regarding the snow ordinances; what to do when it snows more than 3
inches. Parker also stated he and Mayor Ward will be attending an Economic
Development meeting in Lincoln this Thursday. The Mayor stated Black Hills
Energy is hosting the seminar which is for industrial development and was
originally designed for newly elected senators but they have widened it out
to include newly elected officials.
Councilperson Friesen
read a letter from The Struve Foundation to the Fairbury Fire Department.
“Enclosed is a check in the amount of $1,000.00 to be used wherever
necessary. For your information, I own the Crestwood Apartments at 1710 H
Street in Fairbury, to which you were called a week ago for a balcony fire.
I appreciate the quick response which was given and credit your staff in not
letting the fire spread.”
Bender 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 8:18 p.m.
Homer L. Ward, Mayor
ATTEST:
Sharyl Preston, City Clerk
