The Wellman City Council met in regular session in the Council Chambers of the Wellman Municipal Building at 7:00pm. Mayor Ryan Miller presided with the City Attorney, City Clerk, City Administrator and following Council Members: Marc Pennington, Steve Slaubaugh, Doug Powell, Fern Bontrager and Johnny Schwartz; absent: no one. Also present were: Elizabeth Rhodes and David Hotle from the news media, and seven citizens and/or guests.  Following the Pledge of Allegiance, the Consent Agenda was approved upon motion by Pennington, second by Bontrager and all aye votes. The Consent Agenda includes the agenda, minutes of the previous meeting, annual appointments and the following claims:

The annual appointments are as follows:

ANNUAL MAYOR APPOINTMENTS:

Mayor Pro Tem                                                                                           Marc Pennington

Washington Co Emergency Management Committee                                         Ryan Miller

Washington Co Communications Board                                                             Ryan Miller

Washington Co E911 Board                                                                                Ryan Miller

ANNUAL MAYOR APPOINTMENTS APPROVED BY COUNCIL:

City Attorney                                                                                                     Dan Kitchen

Library Board of Trustee Council Liaison                                                      Fern Bontrager

Parks & Recreation Board Council Liaison                                                Marc Pennington

Cable Commission Council Liaison                                                             Steve Slaubaugh

ANNUAL COUNCIL APPOINTMENTS:

City Clerk/Treasurer                                                                                          Donna Wade

Senior Dining Board Council Liaison                                                                Doug Powell

P & Z Commission & Board of Adjustment Council Liaison                    Johnny Schwartz

City Official Publication                                                                    The Wellman Advance

Secondary Official Publication as needed                             Washington Evening Journal

Sheriff Jerry Dunbar was present to report on calls of service for the month. He was asked about the investigation on the resent burglaries occurring in Wellman. Dunbar stated they are working on it but did not want to report publically on the progress.

Jeff Heil of Northland Securities was present to discuss the loan refunding process. Public Hearings are scheduled for the next council meeting. The General Obligation portion of the refunding is broken down in the council packet but they need more information to complete the revenue portion of the refunding. He stated the eighteen debt issues the City has is a lot for a community of this size. Potentially the number will go from eighteen to six. The GO portion refunding will show a savings of $82,000 while the revenue savings will be $30,000. This process will not only create some savings for the City but also streamline the administration of the debt. Heil referred to the annual appropriation debt certified a few months ago to allow for not exceeding the legal debt limits of the City. He encouraged the Council to look at potential needs for the next eighteen months so that debt can be consolidated with these proceedings. He had concerns that the water fund many not be able to meet the $120,000 annual debt repayment for the water project without increasing the rates. He indicated they may not be ready for the next meeting to finalize the new debt but the public hearing can be held and if need be, final action will be taken in February.

Resolution No. 12-01 to approve bid and award contract on the 2011 Infrastructure Project was introduced and caused to be read. Engineer Tim Cutsforth reported the letting was held on January 5 receiving five bids for the project. The low bid of $1,582,879.90 was submitted by Pirc-Toben of Alburnett. Cutsforth has worked with them on several projects and stated they are very qualified and good to work with. He has set the start date for March 19 but asked approval from the Council to allow them to start earlier if weather permits to do the hydrant work. Completion date for the project is September 30. The 6^th Avenue part of the project will not begin until after school dismisses for the summer. Bontrager moved to adopt Resolution No. 12-01, Powell seconded and upon roll call the vote was unanimous ayes. The Mayor affixed his signature.

At 7:20pm Powell moved to enter into closed session pursuant to Iowa code section 21.5(1)(i) to evaluate the professional competency of an individual whose appointment, hiring, performance, or discharge is being considered when necessary to prevent needless and irreparable injury to that individual’s reputation and that individual requests a closed session. Pennington seconded the motion and upon roll call the vote was unanimous ayes.

At 8:10pm Slaubaugh moved to return to open session, Pennington seconded and upon roll call the vote was unanimous ayes. City Administrator Baker left the meeting.

At 8:12pm Schwartz moved to enter into closed session pursuant to Iowa Code section 21.5(1)(c) to discuss strategy with counsel in matters that are presently in litigation or where ligation is imminent or possible. Pennington seconded and upon roll call the vote was unanimous ayes.

At 8:24pm Slaubaugh moved to return to open session, Pennington seconded and upon roll call the vote was unanimous ayes. At this time the Council took a short recess.

Reconvening at 8:33pm with the news media present along with Sheriff Jerry Dunbar and Deputy Jared Schneider the Council addressed the issue of the employment relationship with the City of Wellman and Mark Baker. Attorney Kitchen stated there has been a lot of discussion and options on the table. He had attempted to contact Mr. Baker during the recess but was unsuccessful. Schwartz moved to terminate Baker’s employment with the severance package provided for in section 10 of the contract. Slaubaugh seconded the motion and upon roll call the vote was unanimous ayes.

In a related matter it was asked what the time line would be to interview for a replacement. Kitchen stated the City should at least post the opening and contact those who previously interviewed for the position.

In the matter of interviewing for the deputy clerk position, it was decided the Mayor, City Clerk, Powell and Bontrager will set a day that works with their schedules to start the interviews.

The Council set Wednesday, January 25, 6:00pm to hold a work session on the budget and other related items.

During the council reports Slaubaugh stated a state gas report is past due and asked why public works has not gotten this completed. He said it needs to be made priority 1. Slaubaugh also asked to see a written schedule from Jesse Gingerich, gas department, on installing the new gas and water meters.

Mayor Miller informed the Council that Lampe’s position needs to be addressed. There have been problems with her being supervised by public works and the Mayor feels she should be under the administrator or Mayor until that position is filled. The Council agreed.

With no further business Powell moved for adjournment at 8:49pm. Bontrager seconded and all voted aye. The next regular City Council meeting will be Monday, January 23, 2012, 5:00pm in the Council Chambers of the Wellman Municipal Building.

Minutes transcribed by the City Clerk subject to Council approval.