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04/03/2007 Regular Meeting

FRIEND CITY COUNCIL

MINUTES-REGULAR MEETING

APRIL 3, 2007

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.

The Mayor, James Vossler, presided and City Clerk, Debbie Gilmer, recorded the proceedings.  The following Councilmembers were present:  Harlan Schrock, Dan Fricke, Dan Drake and Dale Lawver.  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 comments and/or questions would be accepted from audience members. 

Motioned by Schrock, seconded by Fricke to approve the Minutes of the March 6, 2007 regular meeting, and the March 2007 Treasurer's Report as presented and file same.  On roll call voting aye to approve the Minutes of the March 6, 2007 regular meeting, and the March 2007 Treasurer's Report, Drake, Lawver, Schrock, Fricke.  Nays none.  Motion carried.

Motion was made by Fricke, seconded by Schrock, to approve the Warren Memorial Hospital financial reports for February 2007 and the Friend Ambulance financial reports for February 2007.  On roll call voting aye to approve the Warren Memorial Hospital financial reports for February 2007 and the Friend Ambulance financial reports for February 2007, Lawver, Fricke, Drake, Schrock.  Nays none.  Motion carried.

A motion was made by Drake, seconded by Lawver, 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, Fricke, Drake, Schrock, Lawver.  Nays none.  Motion carried.

The claims approved were as follows:  March Payroll, 16,454.11; Ameritas, 1790.94; EFTPS, 5547.64; IRS, fe. 570.68; Alltel Cellular, 445.87; Aquila, se. 432.92; BVH, su. 2.16; Baker & Taylor, su. 453.44; Beaver Hardware, su. 32.39; Paul Bulwan, se. 2800.00; Central States Lab., su. 19,573.50; LaRaine Cihak, re. 142.03; Crete True Value, se. 87.59; Culligan, se. 43.00; Demco, su. 95.93; Discover, su. 1541.07; Eakes, su. 70.94; Farmer’s Coop, su. 1262.14; Friend Ambulance, 1296.67; Galaxy Cable, se. 39.95; Gene’s Electric, se. 484.94; Hometown Leasing, se. 50.83; Jensen Lumber, su. 808.62; Johnson Pharmacy, su. 68.03; Kirkham Michael, se. 4994.00; Konica, fe. 73.05; Lynn Peavey Co., su. 52.75; Miller Monroe, fe. 182.00; Menards, su. 725.66; Chris Michl, se. 300.00; Midwest Labs, se. 55.00; Michael Mullally, fe. 516.00; Municipal Emergency Svcs., su. 150.75; Municipal Supply, su. 379.17; NE Dept of Rev, SWH, 891.49 & Sales & Use Tax, 5908.20; NMPP, fe. & su. 887.84; Nat’l Arbor Day, fe. 15.00; Newsweek, su. 43.20; NE Public Power, 31,298.52; Nick’s Farm Store, su. 157.29; Norris Public Power, se. 4013.36; OMB Police Supply, su. 153.99; Pioneer Publishing, fe. 268.77; Principal Mutual, fe. 4104.60; quality Inn, fe. 111.90; Reiman Publications, su. 10.98; Rembolt/Ludtke, se. 260.00; Marvin Slepicka, fe. 750.00; State of NE HHS, se. 16.00; Steve’s Repair, se. 61.10; Texaco, su. 276.87; The Depository Trust, fe. 14162.50; The Garbage Co., se. 155.79; The Penworthy Co., su. 433.22; Thomson Gale, su. 44.93; Thunderstone, su. 224.70; Windstream, se. 594.84; Yokels, su. 74.15; Young’s, se. 196.97. Total Claims Approved $126,639.98.

Mayor Vossler said he was contacted by a member of the Chamber of Commerce regarding the community wide cleanup that they have each Spring.  The Chamber members wanted the Mayor to ask the Council if they would be in favor of the City paying for the cost of the dumpsters, as they have done in the past.  Discussion was had and no objections were made.

Attorney Mullally reported to the Council regarding the Friend Fire Department being contacted by the Dorchester Fire Department to purchase the fire truck that Dorchester is currently borrowing from Friend.  Mullally informed the Council that he prepared a resolution pertaining to selling this fire truck for Council’s consideration.  After discussion, Council agreed that this resolution should be added to tonight’s agenda.  Motion was made by Councilman Fricke, seconded by Councilman Schrock to add proposed Resolution No. 07-21 to the agenda as an emergency item for consideration at tonight’s meeting.  On roll call voting aye, Drake, Schrock, Lawver, Fricke.  Nays none.  Motion carried.

Resolution No. 07-21 was read by title by Mayor Vossler.  (This resolution was published in its’ entirety in The Sentinel on 04-11-07.)

Motion was made by Schrock, seconded by Lawver to adopt Resolution No. 07-21 authorizing sale of the 1981 International Tandem Pay Star F5050 by sealed bids with the sale date established as April 18, 2007, and to authorize bids to be opened by Mayor Vossler, attested by City Clerk, Debbie Gilmer.  On roll call voting aye, Fricke, Schrock, Lawver, Drake.  Nays none.  Motion carried.

Terry Galloway, CPA from Almquist, Maltzahn, Galloway & Luth, attended the meeting to review and answer questions regarding the audit for the City of Friend for period ending September 30, 2006. 

Discussion was had regarding the status of the sewer fund.  Mr. Galloway recommended analyzing the sewer rates to determine whether rates can be increased to make this fund self-supporting.  Patrick Gates, Utilities Superintendent, said Kirkham Michael Consulting Engineers is currently conducting an extensive rate study for this fund and the water fund and results and recommendations from this study should be available soon.

Discussion was had about cash reserves.  Mr. Galloway said the City’s cash reserves are very low and attention needs to be given to cost reductions and revenue generators.

Councilman Lawver asked Mr. Galloway his opinion on how the ordinance recently passed providing Warren Memorial Hospital an operating line of credit for $250,000 could potentially affect the City’s budget and, with what Mr. Galloway has seen of the hospital’s financial position, can the City expect them to be financially able to make payments on this?  Mr. Galloway responded by saying that the Hospital certainly has made great strides in improving their financial condition, however, the answer to this is probably no.  Mr. Galloway continued by explaining that at some point, this obligation could potentially go to the taxpayers through property tax asking in the amount of approximately $0.64 on the levy. 

Recommendations were discussed from The Homestate Companies Loss Control Department that were made as a result of a survey conducted in October to aid the City in its’ loss prevention program. These recommendations were made to assist in avoiding or limiting the effects of hazardous conditions on the City’s customers, employees and/or property.  The Loss Control Representative asked that serious consideration be given to acting on these recommendations to lessen the potential for personal injury.  Mayor Vossler asked Patrick Gates about recommendations regarding the diving board.  One of these recommendations was to remove the three-meter diving board and move the one-meter board to a position centered over the edge of the diving well.  Councilman Fricke strongly disagreed with this recommendation.  Fricke said that he feels if the City wants kids to continue coming to the pool the three-meter board needs to be left where it is.  Councilman Lawver said he wants to see an attempt made to address as many of the recommended issues as possible, as soon as possible.  Lawver said after reviewing the list, it appears some of the issues could be remedied by community projects that the Lions Club has approached the Council about.  He also suggested that perhaps a safety list or check list be put together and reviewed on a regular basis to ensure playground equipment remains in good condition.   Patrick Gates advised the Mayor and Council that he will act on these recommendations as soon as possible and keep The Homestate Companies and the Council informed of his progress.

Jim Ryan attended the meeting to request Council’s approval to contact Terry Meier from SENDD (Southeast Nebraska Development District) and work with him on a community-wide assessment.  This assessment would be utilized for a Community Action Plan that will serve as the community development plan for Friend.  Council discussed and approved that Mr. Ryan work with Terry Meier from SENDD and proceed with this community assessment project.

Mr. Ryan informed the Council that the Friend Industrial Development Corporation met this afternoon and approved an application for CDBG funds.  Mr. Ryan provided a copy of the Friend Industrial Development Corporation’s recommendation and a copy of the application to the Council for their review and consideration at the May 1, 2007 meeting.

Utilities Superintendent, Patrick Gates, gave his utility report.  Gates said he was contacted by the company that will be cleaning the water tower.  They plan to be here later in the week to begin cleaning.

Mr. Gates reported that he has received and reviewed applications for the swimming pool.  Gates asked the Council for their approval to conduct the hiring of the swimming pool manager, assistant manager and guards.  Discussion was had regarding wages.  Gates said, as has been done in the past, returning employees will receive a $0.25 per hour increase.  Council discussed, had no objections and gave Gates permission to hire the pool help.

Councilman Drake asked for an update on the status of Edward Street.  Attorney Mullally said he conferred with Rich Robinson from Kirkham Michael Consulting Engineers regarding this issue.  Robinson relayed to Mullally that he felt the problems stem from poor compaction, which would be the liability of the engineering firm acquired for this project.  Mullally sent a letter on March 6 to the engineer, but at this time no action has yet been taken.  Mayor Vossler recommended that Mullally be aggressive and pursue this.  Gates said the engineers should be held accountable as the citizens of Friend should not have to pay to get this fixed.  Mullally will follow up and report to the Council at the next meeting. 

Police Chief, Mark McFarland gave the Police Report for the month of March 2007.   (Copy of this report is attached.) 

Fire Chief, Brent Milton, reported that the new fire truck was picked up on Friday, March 9^th.

Chief Milton said the Friend Fire Department has not been declined or received confirmation on the grant for another new tanker truck.  If awarded, this grant will cover all but 5% of the cost, which will be covered by funds from the Fire Department.

Jim Nemeier attended the meeting to report on Warren Memorial Hospital.  (Copy of submitted report is attached.)

Discussion was had regarding re-establishing a 60 foot right-of-way for development of the street between Highway 6 and 3^rd Street at the west corporate limit of Friend.  This street was closed and abandoned many years ago.  Acquisition of this would allow for proper placement of the pumping station and pipeline for the upcoming Cordova Water Project.  After discussing, Attorney Mullally said he will contact the property owner and extend an offer of fair market value for this property.  Mullally said all efforts will be exhausted to negotiate with the property owner to avoid the possibility of considering condemnation proceedings to acquire this property.

Community building fees and terms for use were discussed.  The possibility of changing the locks on the building with locks and keys that cannot be duplicated in an effort to gain control over use of the building without first checking with City Hall was also discussed.  After lengthy discussion, Debbie Gilmer was directed to contact Mayor Vossler in the future if questions arise regarding fees and terms for use of the community building for any particular group or individual.

Jeff Soukup addressed the Council with concerns regarding the Lion’s Club using the Community Building at no charge.  Mr. Soukup informed the Council that the Lion’s Club by-laws state that any money raised from fundraisers, less the cost to hold the fundraiser, must be spent on improvement projects for the City.  Mr. Soukup said one of their first projects planned from fundraiser proceeds is to make the front of the building handicapped accessible.

With no further business to come before the Council, motion to adjourn the meeting was made by Schrock, seconded by Lawver.  On roll call voting aye, Fricke, Lawver, Drake, Schrock.  Nays none.  Meeting adjourned at 9:00 p.m.