06/04/2013 Regular Meeting
FRIEND CITY COUNCIL
MINUTES-REGULAR MEETING
JUNE 4, 2013
Mayor Vossler called the regular meeting of the City Council to order at 7:00 p.m. at the City Hall. Advanced notice of the meeting was given by publication in The Sentinel, the appointed method for giving advanced notice. All proceedings shown were taken while the meeting was open to the attendance of the public.
Mayor James Vossler presided and City Clerk Debbie Gilmer recorded the proceedings. The following Councilmembers were present: Phyllis Ryan, Harlan Schrock, Dan Drake and Stan Krause. Attorney Mullally was in attendance. A quorum being present and the meeting duly convened, the following proceedings were had and done.
As required by the Nebraska Open Meetings Act, Mayor Vossler announced that a copy of the Nebraska Open Meetings Act has been posted on the south door of the City Hall meeting room for all in attendance to review.
Mayor Vossler announced that public comments would be accepted at this time. No comments offered.
Motioned by Drake, seconded by Krause, to approve the Minutes of the May 7, 2013 regular meeting, and the May 2013 Treasurer's Report as presented and file same. On roll call voting aye to approve the May 7, 2013 regular meeting minutes, and the May 2013 Treasurer's Report, Schrock, Ryan, Drake, Krause. Nays none. Motion carried.
Motion was made by Schrock, seconded by Drake, to approve the WMH financial statements submitted for the month of March and April 2013. On roll call voting aye, Ryan, Krause, Drake, Schrock. Nays none. Motion carried.
A motion was made by Krause, seconded by Ryan, that claims and payroll be approved by the claims committee, and be allowed, and the Clerk instructed to issue warrants on the respective funds to pay same. On roll call voting aye, Drake, Schrock, Krause, Ryan. Nays none. Motion carried.
The claims approved were as follows: May Payroll, 20,355.20; Aflac, fe 52.78; Ameritas, 2207.96; EFTPS, 6757.93; ACCO, su 855.00; BVH, su 6.00; Baker & Taylor, su 407.37; Beatrice Concrete, su 981.23; Beaver Hardware, su 171.85; Black Hills Energy, fe 279.43; Blue Blossom, fe 279.75; Blue Cross/Blue Shield, fe 5982.20; Bonsall, su 553.13; Brothers, su 13.19; Central States, su 27,805.25; Chief Supply, su 201.18; Keith Clouse, fe 250.00; CRA, fe 23,082.83; Constructors Inc, fe 207,464.67; Danko, su 120.00; Diode, se 35.45; Discover, su 4202.38; EMS, se 171.53; EPS, re 305.66; Eakes, su 120.91; Farmers Coop, se & su 1818.01; General Reporting, se 27.60; Kim Goossen, re 125.09; Hach, su 986.50; Johnsons, su 92.37; Jr Library Guild, su 82.08; Kirkham Michael, fe 8685.00; Lynn Peavey, su 257.15; Ronald McConnell, se 320.00; Menards, su 1368.25; Mid-State Eng, fe 215.00; Midwest Labs, se 185.14; Midwest Refuse, se 259.11; Michael Mullally, fe 714.00; MES, se 347.00; NDEQ, fe 7405.90; NE Dept of Rev, SWH 834.29; NE Public Health, se 441.00; NE Public Power, se 56,353.74; Nebr Life, fe 24.00; Nebraskaland Mag, fe 18.00; Norris Public Power, se 5596.55; One Call, fe 8.95; Pioneer Publ, su 72.42; Principal Mutual, fe 104.92; Redbook, fe 15.00; Seward County Independent, fe 187.80; Shell Fleet Plus, su 406.25; Marvin Slepicka, fe 1000.00; SENDD, fe 1575.00; Kathy Spicka, re 82.92; TacOne, se 250.00; The Depository Trust, fe 125,644.09; The Penworthy Co, su 199.17; Troyer Concrete, fe 10,493.00; Verizon Wireless, se 497.92; WHM, fe 225.00; Windstream, se 826.85. Total Claims Approved $530,592.95.
Proposed Resolution No. 13-23 was introduced by Mayor Vossler.
Resolution No. 13-23
Section 504 – Rehabilitation Act of 1973
Americans with Disabilities Act of 1990
Policy Statement
The City of Friend will ensure that no qualified disabled individual shall, solely on the basis of his or her disability, be excluded from the participation in, be denied the benefits of, or be subject to discrimination under any of its programs, services, or activities as provided by Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 (ADA). The City of Friend further ensures that every effort will be made to provide nondiscrimination in all of its programs or activities regardless of the funding source.
For our purposes, a disabled person is defined as any person who:
- Has a physical or mental impairment that substantially limits one or more major life activities;
- Has a record of such an impairment; or
- Is regarded as having such an impairment.
As used in this definition, the phrase:
- Physical or mental impairment means (i) any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; or (ii) any mental psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term physical or mental impairment includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech, and hearing impairments; cerebral palsy; epilepsy; muscular dystrophy; multiple sclerosis; cancer; heart disease; mental retardation; emotional illness; drug addiction and alcoholism.
- Major life activities means functions such as caring for one’s self, performing manual tasks, walking seeing, hearing, speaking, breathing, learning, and working.
Motion was made by Schrock, seconded by Drake to accept and approve Resolution No. 13-23 relating to the ADA Transition Plan required by the NDOR to be eligible for federal funds. On roll call voting aye, Ryan, Krause, Drake, Schrock. Nays none. Motion carried.
Mayor Vossler asked that the agenda item of the Friend City Code Book be tabled until a later meeting so that he and Council have the opportunity to review the Nebraska Basic Code before considering its’ adoption.
Patrick Gates, Utilities Superintendent, gave his report. Mr. Gates reported that he had prepared and forwarded information to Attorney Mullally for his review relating to the status of recent ADA issues. Mullally approved and will forward to Laura Kelly for her review.
Mr. Gates informed the Mayor and Council that he intends to have a ceremony at the pond following the 4th of July parade for dedication of the Spreeman/Ach memorial.
Mr. Gates announced that the swimming pool is scheduled to open tomorrow, June 5th.
Patrick Gates requested Council’s approval for submitted Contractor’s Progress Estimate #1 for the Friend pavement improvements project. After review, motion was made by Krause, seconded by Ryan, to approve and execute the Friend pavement improvements Contractor’s Progress Estimate Number 1 in the amount of $207,464.67 for Constructors, Inc., contractor for construction of the referenced project. On roll call voting aye, Schrock, Drake, Ryan, Krause. Nays none. Motion carried.
Patrick Gates informed the Mayor and Council that the Nebraska Municipal Power Pool has abandoned the load management program, therefore annual rebates will no longer be passed on to participating customers. Mr. Gates also recommended that the Council discontinue participating in NMPP’s electrical rate study by declining NMPP’s request for renewal for this program. Council had no objections.
Police Chief, Mark McFarland gave his report for the month of May 2013.
Building Inspector, Mark Stutzman gave his report. Mr. Stutzman reported to the Mayor and Council that he will be building a garage and asked if there were objections to him inspecting his own construction. Council had no objections.
Stan Krause reported that after expenses were paid approximately $2,000 was left from the recent fundraiser to contribute toward the cost of the 4th of July Fireworks display.
Discussion was had about alternative possibilities for a new location to accommodate the Friend Police Department.
Motion was made by Schrock, seconded by Drake, to approve annual renewal of membership with the Southeast Nebraska Development District for $1575. On roll call voting aye, Ryan, Krause, Schrock, Drake. Nays, none. Motion carried.
On behalf of Friend Rescue, Ray Rohrig requested Council approve the purchase of new back boards for the squad. Rohrig reported the cost for the new boards would be approximately $650 each. After discussion, Drake motioned to approve Friend Rescue purchase two new back boards, which motion was seconded by Ryan. On roll call voting aye, Krause, Ryan, Schrock, Drake. Nays none. Motion carried.
Motion to enter into executive session at 7:45 p.m. for discussion of employee issues at Warren Memorial Hospital was made by Drake, seconded by Schrock. On roll call voting aye, Ryan, Krause, Schrock, Drake. Nays none. Motion carried.
Motion to reconvene regular session of the Friend City Council meeting was made by Drake, seconded by Schrock. On roll call voting aye, Ryan, Krause, Schrock, Drake. Nays none. Regular session resumed at 8:13 p.m.
No further business to come before the City Council, motion was made by Schrock, seconded by Krause, to adjourn the meeting. On roll call voting aye, Drake, Ryan, Krause, Schrock. Nays none. Motion carried. Meeting adjourned at 8:15 p.m.