12/04/2007 Regular Meeting
FRIEND CITY COUNCIL
MINUTES-REGULAR MEETING
DECEMBER 4, 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: Dan Fricke, Dale Lawver, Dan Drake, and Harlan Schrock. 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 stated that at this time public comments would be accepted. Jim Winter was in attendance at the meeting and informed the Council that since he has received correspondence from Oak River Insurance Company denying the recent claim he submitted for damages to his basement, he wanted to know if the City would be willing to pay for his carpet and labor or should he consider going to small claim’s court. Attorney, Mike Mullally advised Mr. Winter to file a claim for damages to the office of the City Clerk. The Council would then review the claim and consider this at the January 2007 meeting.
Motioned by Drake, seconded by Lawver, to approve the Minutes of the November 6, 2007 regular meeting, and the November 2007 Treasurer's Report as presented and file same. On roll call voting aye to approve the Minutes of the November 6, 2007 regular meeting, and the November 2007 Treasurer's Report, Schrock, Fricke, Lawver, Drake. Nays none. Motion carried.
Motion was made by Fricke, seconded by Schrock, to approve the Warren Memorial Hospital financial reports for October 2007. On roll call voting aye to approve the Warren Memorial Hospital financial reports for October 2007, Lawver, Schrock, Drake, Fricke. Nays none. Motion carried.
A motion was made by Schrock, 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, Drake, Lawver, Fricke, Schrock. Nays none. Motion carried.
The claims approved were as follows: November Payroll, 15,766.16; Ameritas, 1809.36; EFTPS, 5483.51; Alltel Cellular, 397.22; Aquila, se. 382.92; Baker & Taylor, su. 91.55; Barco Muni Prod, su. 443.62; Bauers Trucking, su. 1358.87; Beatrice Concrete, su. 778.03; BVH, su. 413.78; Central States Lab., su. 20,067.93; Crete Glass, su. 61.61; Crete True Value, su. 352.75; Discover, su. 39.99; Eakes, su. 1.00; Farmer’s Coop, su. 1611.85; First Natl, int pmt (WMH), 6977.12; Fransyl Equip, su. 1150.80; Friend Country Club, se. 732.14 & 1933.40; Friend Insurance, fe. 100.00; Friend School, fe. 640.00; Friend Sentinel, fe. 35.00; Galaxy Cable, se. 39.95; Gene’s Electric, se. & su. 6266.70; Herpolsheimers, se. 75.00; Highsmith, su. 67.64; Karalyn Hoefer, re. 500.00; Husker Elec, su. 436.34; Johnson Pharmacy, su. 94.54; Jr. Library Guild, su. 37.50; Konica, fe. 339.29; Jackie Larsen, re. 89.32; Menards, su. 93.07; Midwest Labs, su. 234.00; Michael Mullally, fe. 459.00; NDEQ, fe. 150.00; NE Dept of Rev, sales tax, 4293.88; NMPP, se. 4975.00; NE Public Health Lab, se. 16.00; NE Public Power, su. 33,588.15; NE Dept of Rev, SWH, 929.50; Norris Public Power, se. 3685.60; Pioneer Publishing, fe. 178.35; Platte Valley Comm, su. 33.50; Police Officers Assn, su. 5.50; Principal Mutual, fe. 4104.60; Ross Repair, se. 87.45; Shell, su. 235.57; Marvin Slepicka, fe. 750.00; Kathy Spicka, re. 150.00; The Garbage Co., se. 155.79; Thomson Gale, su. 22.47; TV Svc, se. 21.30; US Treasury, fe. 35.42; Windstream, se. 629.17. Total Claims Approved $122,478.71.
Mayor Vossler informed the Council that he received a letter from the Chamber of Commerce requesting that the City Council be greeters at the Christmas Festival on Wednesday, December 12th from 5:00 p.m. to 7:00 p.m.
Mayor Vossler introduced and read the following proposed resolution.
RESOLUTION NO. 07-32
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
FRIEND:
WHEREAS, the City of Friend, proposed to apply for assistance from the SAFE ROUTES TO SCHOOL PROGRAM for the purpose of installing new sidewalks and making sidewalk repairs; and
WHEREAS, the City of Friend has available the funds to finance the activity until reimbursed by the Safe Routes to School Program, and the financial capability to operate, maintain, and manage the completed project in a safe and attractive manner for public used; and
WHEREAS, the proposed application and supporting documents were made available for public review at a properly announced meeting of the City of Friend;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF FRIEND that the City of Friend applies for assistance from the Safe
Routes to School Program for the purpose of installing new sidewalks and curb ramps
and making sidewalk repairs.
Motion to adopt proposed Resolution Number 07-32 was made by Schrock, seconded by Drake. On roll call voting aye, Fricke, Schrock, Lawver, Drake. Nays none. Resolution Number 07-32 was passed and approved this 4th day of December, 2007.
Bill Abts from Ameritas Investment Corporation attended the meeting to discuss with the Mayor and Council the proceedings necessary for the creation of a hospital district in Saline County. Mr. Abts explained that once a boundary is determined, a petition is necessary, signed by not less than 10% of the people who reside within the boundaries of the proposed district and whose names appear in the County Assessor’s office as owners of property within the proposed boundaries of the district. Once signatures are obtained and certified by the County Assessor, the petition would then be submitted to the County Board of Commissioners who will examine it and make the determination that it complies with the necessary statutes. Assuming the petition is sufficient, the County Board would set a hearing and submit the question of the District to the voters via election. After discussion, motion was made by Drake, seconded by Schrock to proceed with the steps necessary to establish a hospital district. On roll call voting aye, Fricke, Lawver, Schrock, Drake. Nays none. Motion carried.
Utilities Superintendent, Patrick Gates, gave his report. Mr. Gates reported to the Council on the Loss Control Recommendations received from the City’s insurance carrier. Mr. Gates explained that he has realized these “recommendations” are actually requirements. Mr. Gates proposed an action plan to the Council for their consideration in an effort to comply with these requirements. (A copy of Mr. Gates’ Loss Control Recommendations Action Plan is attached.)
Councilman Dan Fricke expressed his feelings relating to the recommendation received to remove the three meter diving board at the swimming pool. Fricke said if, after exhausting all other avenues, there is no alternative that would allow the three meter board to remain, he feels it is very important that something is put in place to replace it, rather than simply removing it.
After lengthy discussion, the Mayor and Council directed Gates to proceed with making the required changes necessary to satisfy the insurance company.
Patrick Gates reported that he received some insurance papers from the contractor for the proposed pond restoration project, but at this time has not received a signed contract. Gates will keep the Council informed as this project progresses.
Jim Ryan attended the meeting on behalf of the Friend Industrial Development Corporation to discuss with the Council the CDBG loan payment schedule for RTSI. Mr. Ryan said that, at a recent Friend City Council meeting, the Council considered an agreement with RTSI and granted relief to them on their CDBG loan. This agreement included an extension of payments until January.
Mr. Ryan stated that the FIDC recently met with RTSI and RTSI indicated to them that they feel they are in a position to resume payments in January.
At this time Mr. Ryan asked for Council to consider approving the current payment plan for RTSI through December 2007 and to consider giving approval to the Friend Industrial Development Corporation to revise the amortization schedule for RTSI to resume payments in January 2008. Mr. Ryan informed the Council that the FIDC would prepare the appropriate paperwork, get necessary signatures, and furnish the City with a notice and a new amortization schedule to send to RTSI.
Motion was made by Councilman Schrock, seconded by Councilman Drake, to approve the current payment plan for RTSI through December 2007, and to approve the Friend Industrial Development Corporation to revise the amortization schedule for RTSI to resume payments in January 2008, to prepare the appropriate paperwork and get necessary signatures, and to forward a notice and the revised amortization schedule to the City to forward to RTSI. On roll call voting aye, Lawver, Drake, Schrock, Fricke. Nays none. Motion carried.
Mayor Vossler announced that the election of the President of the Council was now in order. Councilman Fricke nominated Harlan Schrock for President of the City Council. Motion was made by Councilman Drake to accept this nomination and Councilman Lawver seconded this nomination and motioned that nominations cease. On roll call voting aye, Drake, Fricke, Lawver. Nays none. Schrock abstained. Motion carried thereby electing Harlan Schrock as President of the Council for 2008.
Mayor Vossler announced he would now give the Council his recommendations for new appointments to various boards and committees for 2008, as well as annual appointments. Motion to approve Mayor Vossler’s recommended appointments as presented for 2008 was made by Lawver, seconded by Fricke. On roll call voting aye, Schrock, Lawver, Fricke, Drake. Nays none. Motion carried. (These committee appointments were published in The Sentinel December 12, 2007 and are available for viewing at City Hall during regular business hours.)
Jim Ryan attended the meeting to present to the Mayor and Council an application for a Community Development Block Grant submitted by Mark Stutzman.
Mr. Ryan informed the Council that the Friend Industrial Development Corporation has changed their procedures relating to the application process for Community Development Block Grants. The changes are a result of a voluntary review of how the process has been handled in the past. In an effort to control costs for implementing and administrating CDBGs, one of the changes the Friend Industrial Development Corporation proposes is the use of a new note that they have drafted that meets, and is in compliance with, state requirements.
After research and consideration, the FIDC is proposing that a $350 maximum filing fee, payable by the applicant, be set to cover the CDBG processing costs. The FIDC will assume the responsibilities to do the following, which in the past has been handled by the City Attorney. The FIDC will utilize the new note they have drafted, prepare all necessary documents including the amortization schedule and the collateral documents, get signatures where needed, appropriately file the documents, and then submit them to the City Council and Attorney for their review. By utilizing the knowledge of members of the FIDC to assume these responsibilities, the process will be more streamlined and fees for this process can be more easily contained. After discussion, Council had no objections to the proposed changes to the CDBG loan application and implementation process.
Motion to approve CDBG as presented and applied for by Mark Stutzman, dba Hardwood Artisan, for $80,000 was made by Fricke, seconded by Drake. On roll call voting aye, Lawver, Schrock, Fricke, Drake. Nays none. Motion carried.
A letter of understanding for audit services was submitted to the Council from Romans, Wiemer & Associates for year-end September 30, 2007. Motion to approve this letter of understanding and authorize Mayor Vossler to sign this letter was made by Fricke, seconded by Lawver. On roll call voting aye, Drake, Fricke, Lawver, Schrock. Nays none. Motion carried.
A letter from Romans, Wiemer & Associates requesting information from Attorney Mullally regarding any pending or threatened litigation, claims, and assessments was also submitted to the Council for their approval. Motion was made by Fricke, seconded by Lawver, to approve letter to Attorney Mullally requesting information regarding pending or threatened litigation, claims, and assessments (excluding unasserted claims and assessments) as requested by Romans, Wiemer & Associates for the year-end September 30, 2007 audit. On roll call voting aye, Drake, Fricke, Lawver, Schrock. Nays none. Motion carried.
With no further business to come before the Council, motion to adjourn the meeting was made by Lawver, seconded by Fricke. On roll call voting aye, Schrock, Fricke, Drake, Lawver. Nays none. Meeting adjourned at 8:26 p.m.
