12/05/2006 Regular Meeting
FRIEND CITY COUNCIL
MINUTES-REGULAR MEETING
DECEMBER 5, 2006
Mayor Horner 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, Roger Horner, presided and City Clerk, Debbie Gilmer, recorded the proceedings. The following Councilmembers were present: Dan Fricke, Gary Tuttle, Harlan Schrock and Dustin Weber. 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 Horner 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 Horner announced that general comments would be accepted from audience members at this time.
Peter Katt, an attorney from
Motioned by Fricke, seconded by Schrock to approve the Minutes of the November 7, 2006 regular meeting, and the November 2006 Treasurer's Report as presented and file same. On roll call voting aye to approve the Minutes of the November 7, 2006 regular meeting, and the November 2006 Treasurer's Report, Weber, Schrock, Tuttle, Fricke. Nays none. Motion carried.
Motion was made by Tuttle, seconded by Fricke, to approve the September and October 2006 Warren Memorial Hospital Financial Reports (including the September and October 2006 Friend Ambulance Financial Reports) as presented and file same. On roll call voting aye to approve the September and October 2006 Warren Memorial Hospital Financial Reports (including the September and October 2006 Friend Ambulance Financial Reports) as presented and file same, Fricke, Schrock, Tuttle, Weber. Nays none. Motion carried.
A motion was made by Schrock, seconded by Weber, 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, Tuttle, Schrock, Weber, Fricke. Nays none. Motion carried.
The claims approved were as follows: November Payroll, 21,467.81; Ameritas, 2,598.76; 1st Natl, 7,582.72; IRS, fe. 589.99; Alltel Cellular, 381.07;
Discussion was had regarding concrete paving issues and street repair at the Palky Addition. Thirteen panels are in need of repair or replacement. Mayor Horner said he spoke with John Palky regarding this and discussed with him the possibility of splitting the costs to repair the panels between the City, Mr. Palky, and Mr. Palky’s contractors. Patrick Gates, Utilities Superintendent, said the City accepted the street in June and by August it was necessary to contact the contractors as the street was already falling apart. Mr. Gates said that during an inspection of the street prior to any repair work, the cracks and all of the deficiencies in the concrete were pointed out to the contractor. The contractor said they would expect some amount of leniency with this as it was going to be a very expensive repair bill, but that they would stand behind their work. It was decided that a meeting be scheduled with this contractor, Patrick Gates, and the Mayor to discuss a possible solution to this problem. Patrick Gates will arrange this meeting.
Patrick Gates, Utilities Superintendent, gave his report. Mr. Gates said he had results from an investigator with the City’s insurance provider of a recent evaluation of the City buildings and sites. Gates said he would discuss this with the Council at this time, or would provide this information in Council packets for Council’s review and consideration at the next meeting. Council requested Gates provide this for their next regular meeting.
Police Chief, Mark McFarland gave the Police Report for the month of November 2006. (Copy of this report is attached.)
Mark Stutzman, Building Inspector, had nothing to report.
Brent Milton, Fire Chief, reported that the Fire Department had been contacted by the Lions Club requesting permission to use the
No further business to come before the current City Council, motion was made by Tuttle, seconded by Weber to adjourn the meeting. On roll call voting aye, Fricke, Tuttle, Weber, Schrock. Meeting adjourned sine die at 7:20 p.m.
______________________________
Roger C. Horner, Mayor
ATTEST
______________________________
Debbie Gilmer, City Clerk
Meeting was called to order at 7:22 p.m. Elected Mayor, Jim Vossler, and elected Council members Dan Drake and Dale Lawver were administered the official oath of office by City Clerk, Debbie Gilmer. All being elected for a four year term in the November 7, 2006 election, agreed to and signed their oath of office.
Mayor Vossler announced that as required by the Nebraska Open Meetings Act, 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 there would now be a ten minute question and answer period for members of the audience with questions or comments.
Peter Katt, an attorney from
Mrs. McKeeman asked to comment. Mrs. McKeeman said several years ago her husband, Dr. McKeeman, was on the hospital board. In the middle of his term he was asked to step down by the Mayor at the advisement of the hospital administrator.
Attorney Katt addressed Mrs. McKeeman’s comment by saying it was his opinion that unless Mr. Tuttle voluntarily resigned, or unless there was cause to remove him, it would be inappropriate to reassign someone to this appointment in the middle of Mr. Tuttle’s term.
Mayor Vossler said he would like to table the hospital board appointments at this time as he has discussed this with the City Attorney and feels more research is necessary before making a decision on his recommended appointments. Mayor Vossler said he wants to be certain this is handled in a fair manner and asked Attorney Mullally to look into this further and advise the Council of his findings.
Mr. Robert Milton requested to comment at this time. Mr. Milton began by saying that the City was divided during the past election and it was his belief that this was due to the decision the hospital board made to suspend Dr. McKeeman’s privileges at the hospital.
Mr. Milton said he has been to several hospital board and City Council meetings. At these meetings, many people expressed how extremely upset they were that the previous Mayor and the hospital board would not make public the reason(s) for Dr. McKeeman’s hospital privileges suspension.
Mayor Vossler stated the citizens of Friend will decide whether or not this town stays divided over this issue. What has happened cannot be changed and will not be changed overnight or by him alone, or by any single individual appointed to a committee or board. What needs to happen to make this community a better place is everyone needs to work together. Mayor Vossler said this is a good community and with his 22 years of experience and service in this government he has a great deal of faith that this community will join together, prosper and become a better place.
Roger Horner said being the Mayor of Friend was an honor. He stated that if the hospital closes and 100 people lose their employment, this community will go broke. Horner said he feels strongly about putting all rumors from the past behind us and moving forward in a positive manner.
Shirley Milton asked to comment at this time. Mrs. Milton said that
Mayor Vossler thanked all for their input.
Mayor Vossler announced that the election of the President of the Council was now in order. Motion was made by Dan Drake nominating Harlan Schrock for President of the City Council. Dale Lawver seconded this nomination and motioned that nominations cease. On roll call voting aye, Fricke, Drake, Lawver. Nays none. Schrock abstained. Motion carried thereby electing Harlan Schrock as President of the Council.
Mayor Vossler announced he would now give the Council his recommendations for new appointments to various boards and committees for vacant positions created by expired terms in 2006, as well as annual appointments.
Councilman Drake made a motion for the Council to enter into executive session to discuss appointments prior to Mayor Vossler’s recommendations. Attorney Mullally stated that he would not advise the Council to enter into executive at this time. Mullally said he felt executive session was not appropriate for this purpose, as concern was not expressed of harming an individual’s reputation. Motion to enter into executive session died due to the lack of a second.
Mayor Vossler read the following appointments for 2007. (Mayor is member of all standing committees.) Utilities-Drake & Lawver; Finance-Council; Street & Alley-Fricke & Lawver; Park-Gates & Council; Police-Schrock & Drake; Chief of Police-McFarland; City Attorney (Civil)-Mullally; Prosecuting Attorney-Eickman; City Engineers-Kirkham Michael; City Clerk-Gilmer; Sewer & Water Commissioner-Gates; Light Commissioner-Gates; Street Committioner-Gates; Superintendent of Utilities-Gates; Building Inspector-Stutzman; City Physician-McKeeman; Solid Waste Management Coalition- Mayor Vossler; Housing Authority-Gene Martin reappointed for 5 yrs; Health Board-Stan Krause for 1 yr; Planning Commission-Virgil Nelsen & Jean Talley reappointed for 3 yrs; Community Betterment Chairperson-Bill Bode & Les Weber reappointed for 1 yr; Fire Inspector-Brent Milton reappointed for 1 yr; Board of Adjustment-Don Anderson-reappointed for 3 yrs; Cemetery Board-Richard Thompson & Faye Bean reappointed for 3 yrs; Library Board-Mary Kubicek for 4 yrs.
Jim Ryan asked about the status of the Blight/Substandard Determination Study. Discussion was had and Debbie Gilmer was directed to follow up on this with the attorney from
Councilman Fricke requested that Mayor Vossler consider Dan Drake, as opposed to Dale Lawver, as one of his recommended appointments to the hospital board.
Motion was made by Schrock, seconded by Drake to accept Mayor Vossler’s presented recommended appointments and to table the appointments to the hospital board at this time. On roll call voting aye, Lawver, Fricke, Drake, Schrock. Nays none. Motion carried.
Dr. Dailey attended the meeting to comment on the appointments to the hospital board. Dr. Daily began by saying he is proud of this town, proud to be part of this community and that he intends to stay here. Dr. Dailey said he feels the hospital facility continues to improve and would guess it is in excess of 100-200 percent better shape than it was when he began. Dr. Dailey said he feels the hospital board should be very proud of this, despite everything they have gone through. The hospital and staff are doing well and are doing a great job of taking care of people. Dr. Dailey stressed that it is very important to keep in mind when making appointments to this hospital board that the appointed members must be guaranteed to be supportive of the hospital and continue to strive for the hospital to move ahead in a positive direction. If any lack of support exists in an appointed member, it would be fatal to the hospital. Dr. Dailey shared that wrong is wrong even if everyone agrees with you, just as right is right, even if nobody agrees with you.
Discussion was had regarding giving full time employees $25 gift certificates for Orv’s Grocery Store to show appreciation for their service to the City.
With no further business to come before the Council, motion to adjourn the meeting was made by Schrock, seconded by Fricke. On roll call voting aye, Drake, Lawver, Fricke, Schrock. Nays none. Meeting adjourned at 8:00 p.m.



