11/03/2009 Regular Meeting
FRIEND CITY COUNCIL
MINUTES-REGULAR MEETING
NOVEMBER 3, 2009
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: Stanley Krause, Dale Lawver, Dan Drake, and Harlan Schrock. Attorney Mullally also present. 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 were offered.
Motioned by Drake, seconded by Schrock to approve the Minutes of the October 6, 2009 regular meeting, and the October 2009 Treasurer's Report as presented and file same. On roll call voting aye to approve the October 6, 2009 regular meeting minutes, and the October 2009 Treasurer's Report, Lawver, Krause, Drake, Schrock. Nays none. Motion carried.
Motioned by Schrock, seconded by Lawver to approve the Warren Memorial Hospital financial report for the month of September. On roll call voting aye to approve the September 2009 Warren Memorial Hospital financial report, Krause, Drake, Schrock, Lawver. Nays none. Motion carried.
A motion was made by Krause, seconded by Drake, that payroll and claims 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, Lawver, Schrock, Drake, Krause. Nays none. Motion carried.
The claims approved were as follows: October Payroll, 15,623.98; Ameritas, 1464.56; EFTPS, 4607.94; BVH, su 2.18; Baker & Taylor, su 179.15; Barco, su 1321.91; Beatrice Concrete, su 2561.37; Beaver Hardware, su 146.93; Black Hills Energy, se 194.47; Central States, se, 11,502.15; Keith Clouse, fe 250.00; Computer Tutor, se 90.00; Culligan, su 61.25; Demco, su 50.17; Discover, su 2340.46; EMS Billing, se 287.87; Eakes, su 13.29; Exeter Lumber, su 41.89; Farmers Coop, su & se 2785.62; Viola Foley, re 59.84; Galaxy Cable, se 39.95; Gale, su 47.18; Patrick Gates, re 144.00; Gene’s Electric, se & su 6319.30; General Fire & Safety, eq 92.00; Debbie Gilmer, 64.54; Great Plains One-Call, se 5.05; Greg Johnson-Ent, se 300.00; HRW, su 40.20; Jensen Lumber, su 3197.22; Johnson Pharmacy, su 42.05; Jr Library Guild, su 38.16; Kirkham Michael, fe 9465.00; Konica, fe 73.05; Jackie Larsen, re 15.68; Menards, su 831.97; Midwest Labs, se 87.23; Michael Mullally, fe 1133.00; NDEQ, fe 150.00; NMC, fe 1930.00; NE Dept of Rev, SWH, 560.79, Sales & Use Tax, 5314.35; NE Muni Power Pool, fe 365.00; NE Public Health Env, se 76.00; NE Public Power, se _____________; Nick’s Farm Store, su 77.86; Norris Public Power, se. 3901.95; Pioneer Publ, fe 65.00; Principal Mutual, fe 3974.81; Rasmussen Stewart, Inc. se 197.63; Shell Fleet Plus, su 192.10; Marvin Slepicka, fe 750.00; Steve’s Repair, se 595.63; The Garbage Co, se 203.07; Windstream, se 743.33; Verizon, se 531.98; Jim Vossler, re 49.50; Young’s Welding, se 2010.78. Total Claims Approved $87,210.39.
As a continuation from previous meetings and correspondence with Assistant U.S. Attorney, Laurie Kelly, discussion was had relating to the location of an accessible parking stall at City Hall. Attorney Mullally suggested that the measurements, in the “Review with Architect” document requested by Laurie Kelly in her 9/24/09 e-mail, be obtained and forwarded to her as soon as possible. Attorney Mullally communicated to the Council the importance of keeping on top of this issue so that any potential lawsuit may be avoided.
Proposed Ordinance Number 09-711 was introduced and read by title. Councilman Drake moved that the statutory rule requiring reading on three different days be suspended. Councilman Schrock seconded the motion to suspend the rules and upon roll call, voting on the motion was as follows: Members voting aye, Krause, Drake, Schrock, Lawver. Members voting nay, none. The motion to suspend the rules was adopted by at least three-fourths of the Council and the statutory rule was declared suspended for consideration of the ordinance.
ORDINANCE NO. 09-711
AN ORDINANCE TO ESTABLISH AND CREATE SECTION 4-207 OF THE MUNICIPAL CODE OF THE CITY OF FRIEND, NEBRASKA RELATED TO THE PLACEMENT AND USE OF SOLID WASTE RECEPTACLES WITHIN THE CITY LIMITS, TO PROVIDE FOR A LIMITED PERIOD OF TIME FOR SUCH RECEPTACLES AND OTHER SOLID WASTE TO BE PLACED AT CURBSIDE, TO PROVIDE FOR A TIME LIMIT BY WHICH SUCH RECEPTACLES SHOULD BE REMOVED FROM CURBSIDE; TO REPEAL ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; AND TO PROVIDE FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF FRIEND, NEBRASKA; AS FOLLOWS:
Section 4-207 OF THE Municipal Code of the City of Friend, Nebraska is created to read as follows:
SOLID WASTE DISPOSAL; RECEPTACLES, PLACEMENT AND REMOVAL,
Section 1. No solid waste, including solid waste placed in a solid waste receptacle or garbage can, shall be permitted to be placed at curbside for collection by a solid waste collector no longer than 24 hours prior to the normally scheduled collection date as established by the collector. All solid waste receptacles shall be removed from curbside within 12 hours after emptying and collection by a solid waste collector. The term solid waste as used herein shall include but shall not be limited to all of the items as specified and defined in Section 4-201, Paragraphs 1-7, of the Municipal Code.
Section 2. That all ordinances and parts of ordinances in conflict herewith are hereby specifically repealed.
Section 3. Should any section, paragraph, sentence or word of this ordinance be declared for any reason to be invalid is the intent of the Mayor and Council of the City of Friend that it would have passed all other portions of this ordinance independent of the elimination hereof of any such portion as may be declared invalid.
Section 4. This ordinance shall become effective upon its passage and posting or publication in pamphlet form as required by law.
Councilman Schrock moved for final passage of Ordinance Number 09-711, which motion was seconded by Councilman Drake. On roll call voting aye, Lawver, Krause, Schrock, Drake. Voting nay, none. The passage and adoption of said ordinance, having been concurred and by a majority of all Members of the City Council, Ordinance Number 09-711 was adopted this 3rd day of November, 2009.
Belinda Crompton attended the meeting to address the Mayor and Council once again regarding a recent incident involving her dog. Ms. Crompton’s dog, Jack, was reportedly picked up by the Friend Police Department and impounded in the old depot building east of the police station. While impounded, Jack allegedly escaped through a broken window and has never returned home. Ms. Crompton presented a 2nd submission of an invoice for reimbursement of veterinary bills of $339.65 and a transcription fee of $100 (for a meeting between Mark McFarland, Mayor Vossler and Belinda Crompton relating to Jack’s impounding and disappearance), for a total of $439.65. Ms. Crompton indicated that she feels the City was negligent and should claim accountability for the loss of her dog. Attorney Mike Mullally informed Ms. Crompton that the Council had no further discussion on this issue and that if she intended to pursue her claim it would be handled by the City’s insurance carrier and/or attorney.
Utilities Superintendent, Patrick Gates, gave his report. Mr. Gates reported that he bought the grader from Big Iron that he and the Council discussed at last month’s meeting.
Mr. Gates provided the Council with a copy of a letter agreement from Kirkham Michael to provide professional engineering services relative to the completion of all Street Superintendent Services as required by the Nebraska Board of Classifications and Standards. Motion to approve this contract from Kirkham Michael for Professional Engineering Services to complete all required Street Superintendent Services for a lump sum fee of $1500 was made by Drake, seconded by Krause. On roll call voting aye, Lawver, Schrock, Drake, Krause. Nays none. Motion carried.
Kirkham Michael submitted Amendment No. 1 to the letter agreement dated June 15, 2009 for professional engineering services relative to the new replacement culvert and pavement on Chestnut Street between 2nd and 3rd Streets. Motion was made by Krause, seconded by Schrock, to approve Kirkham Michael’s submitted Amendment No. 1 to the Agreement for Professional Construction Engineering Services for the R.C. Box Culvert and Paving project on Chestnut Street between 2nd and 3rd Streets for a lump sum amount sum of $4900. On roll call voting aye, Drake, Krause, Schrock, Lawver. Nays none. Motion carried.
Police Chief, Mark McFarland was not in attendance, but did submit his police report to the Council for the month of October 2009. (Copy of this report is attached.)
Building Inspector, no report.
Nothing reported for the Friend Fire Department.
Nothing reported for the hospital.
A personnel handbook for the City employees and officers was discussed briefly. It was decided that this agenda item be reviewed for further discussion and consideration at the December 1, 2009 meeting.
Dale Lawver informed the Mayor and Council that he has been approached by Duane and Ruby Hulse requesting that the Council consider allowing them to park the two school buses they drive on their property in the alley. The buses would not be blocking the alley. This would get the buses off of the street and would make times in inclement weather much more convenient. Mayor Vossler and Council had no objections to this request.
The City Holiday/Employee Appreciation Dinner will be at the Friend Country Club on December 5th.
Discussion was had regarding program information and pricing for the Nebraska Basic Code of Ordinances. No action taken.
Motion to enter into executive session at 8:02 p.m. for discussion of employee salaries was made by Krause, seconded by Schrock. On roll call voting aye, Lawver, Drake, Schrock, Krause. Nays none. Motion carried.
Motion to return to regular session was made by Schrock, seconded by Drake. On roll call voting aye, Krause, Drake, Schrock, Lawver. Nays none. Regular session reconvened at 8:59 p.m.
Motion to approve employee wages be set as follows was made by Schrock, seconded by Krause. Patrick Gates and Mark McFarland unchanged, Billy Baugh $13/hour, Debbie Gilmer $14.87/hour, Dave Domeier $14.74/hour, Ryan Yoder $14.27/hour, Brian McFarland $13/hour, Mel Foley to be determined in February upon satisfactory completion of 6-month probationary period. On roll call voting aye, Lawver, Drake, Schrock, Krause. Nays none. Motion carried.
No further business to come before the City Council, motion was made by Drake, seconded by Schrock, to adjourn the meeting. On roll call voting aye, Krause, Lawver, Drake, Schrock. Nays none. Motion carried. Meeting adjourned at 9:05 p.m.
