PROCEEDINGS – VILLAGE OF MEAD BOARD OF TRUSTEES

                                                              July 12, 2016                        

 

A Regular Meeting of the Chairman and Board of Trustees of the Village of Mead, NE was held July 12, 2016 at the Village Office.  Chairman Havelka called the meeting to order at 6:04 p.m.  Notice of the meeting was provided in advance thereof by posting notice at the Bank of Mead, U.S. Post Office and the Village Office as shown by the certificate of posting notice attached to these minutes.  Advance notice was also provided to the Chairman and all members of the Board of Trustees.  All proceedings were held while the convened meeting was open to the public.  Answering roll call were Chairman Shawn Havelka; Trustees Jason Felty, Gary Guyle and Richard Wielage.  Absent was Trustee Rod Wimer.  Also present were Clerk June Moline,  Police Chief Jerry Carlson and Assistant Library Director Laurie VanAckeren. Guests were Craig Reinsch, Maureen Freeman-Caddy, Patty Knott, Alice Adams, Bob Hannan, Jim Halbmaier, Levi Durnal and Jeff Barris.

 

The posting of the Open Meetings Law was noted.

 

Motion by Wielage, second by Guyle to adopt the agenda. Vote:  Felty-yes, Guyle-yes, Havelka-yes, Wielage-yes, Wimer-absent; motion carried 4-0.

 

The minutes of the June 14 Regular Meeting were approved as presented.

 

Motion by Havelka, second by Wielage to approve the Treasurer’s Report showing $764,269.33 total checking/savings balance ending June 30, 2016.  Vote: Guyle-yes, Havelka-yes, Wielage-yes, Wimer-absent, Felty-yes; motion carried 4-0. 

 

SCHEDULED GUESTS:

Village Attorney, Maureen Freeman-Caddy, discussed the process for condemnation of a property and possible outcomes as a result of declaring a condemnation. 

 

EXECUTIVE SESSION:

Motion by Guyle, second by Wielage to enter executive session at 6:16 to discuss results of litigation with Attorney Freeman-Caddy.  Vote:  Wielage-yes, Wimer-absent, Felty-yes, Guyle-yes, Havelka-yes; motion carried 4-0.

 

Motion by Felty, second by Wielage to reconvene to open session at 6:48 p.m.  Vote:  Felty-yes, Guyle-yes, Havelka-yes, Wielage-yes, Wimer-absent; motion carried 4-0.

 

Motion by Guyle, second by Havelka to schedule clean-up pursuant to court order.  Vote:  Felty-yes, Guyle-yes, Havelka-yes, Wielage-yes, Wimer-absent; motion carried 4-0.

 

Jim Halbmaierand Levi Durnal expressed their concerns over low water pressure at their residences.  Jim stated that he has spoken to Utility Superintendent Raver on numerous occasions regarding this concern and is requesting the issue be resolved.    Havelka indicated he would meet with Raver and Rod Wimer to resolve the issue.

 

Craig Reinsch, Olsson Associates, presented an update on construction costs and user rates for a water project.  One option is to drill a well, construct a water treatment facility and erect a new water tower.  The second option is to enter an Interlocal Agreement and pipe water from Wahoo.  The second option would also include construction of a new water tower.  It was agreed that a meeting with the public will be scheduled in the near future to discuss the options. 

 

Reinsch also presented an option for the drainage ditch back-up located in Hannan Subdivision.  The process to establish an easement on the property was discussed.

 

Alice Adamsand Bob Hannan expressed their concern with storm sewer issues; particularly along Seventh Street from Elm Street to Vine Street.  Havelka stated that he will direct Raver to hire Subbert Pumping to clean the storm sewer.  The board stated the water table is high this summer due to the many rains causing drainage issues.

 

Jeff Barriswas present to discuss a nuisance violation on a structure on his property.  He stated plans to reshingle the garage within the next few months. 

 

UNSCHEDULED GUESTS:

Assistant Library Director Laurie VanAckeren sought permission to store currently unused book shelves from the Library at the village Quonset.  She was granted permission and told that Raver would move the shelves from the library to the Quonset.

 

Patty Knottquestioned impact of possible annexation and easement on the drainage ditch on her property.

 

Motion by Havelka, second by Felty to approve the claims of $31,701.83 for payment.  Vote:  Guyle-yes, Havelka-yes, Wielage-yes, Wimer-absent, Felty-yes; motion carried 4-0. Claims being:

 

130054

Post Office

Stamps – Library

$47.00

3528

Post Office

Stamps

$47.00

3051

Post Office

Stamps

$47.00

130055

S2 Roll-offs

Roll-offs (4) – Mead Clean Up Day

$700.00

130056

Shawn Havelka

Loveland – Field Marker

$76.61

130057

Amazon

Library Materials

$420.04

130058

Bomgaars

Pump, Brushes, Tubing, Chainsaw

$146.29

3529

Bomgaars

Chainsaw, Tubing

$71.33

3052

Bomgaars

Chainsaw

$42.33

130059

Mead Signs

Dump Sign

$60.00

130060

Petty Cash

Postage, Suplies, Mileage

$44.85

3530

Petty Cash

Postage, Mileage, Supplies

$44.68

3053

Petty Cash

Postage, Mileage, Meeting Expense

$44.68

130061

Platte Valley Equipment Co

Repairs Mower

$47.85

3531

Platte Valley Equipment Co

Repairs Mower

$23.92

3054

Platte Valley Equipment Co

Repairs Mower

$23.92

130062

Stander Trucking

Sand

$399.85

130075

Matrix Trust Company

TPA 000362

$349.83

62416

Internal Revenue Service

47-6006274

$2,211.18

62516

Nebraska Department of Revenue

0117986

$824.23

130076

Inspro Insurance

Add’l Insurance – Mead Days

$556.20

130077

Saunders County Treasurer

Property Taxes 2015 – Depot 2 / 2

$452.58

62616

Windstream

Telephone

$232.00

62716

Windstream

Telephone

$111.82

62816

Windstream

Telephone

$111.82

130078

Menards – Elkhorn

Paint, Lumber

$38.42

3532

NE Public Health Environmental Lab

Water Tests

$15.00

130079

Wahoo Concrete

Concrete – N. Spruce St.

$480.00

130080

Biblionix

Apollo Automation 7/24/16 through 7/23/17

$800.00

130081

Black Hills Energy

Natural Gas

$35.04

3534

Black Hills Energy

Natural Gas

$5.17

3056

Black Hills Energy

Natural Gas

$5.17

3533

Nicholas Raver

Cell Phone Jun 2016

$40.00

130082

OfficeNet

Park Custodial Supplies

$133.63

130083

Bromm, Lindahl, et al

Legal Fees – Nuisance, Carts,Condemnation

$226.34

3535

Bromm, Lindahl, et al

Legal Fees – Nuisance, Carts, Condemnation

$226.33

3057

Bromm, Lindahl, et al

Legal Fees – Nuisance, Carts, Condemnation

$226.33

130084

Chase Card Services

Library Supplies, Materials

$197.51

130085

Contech Engineered Solutions

Culvert

$657.72

3058

Cummins Central Power

Annual Maintenance – Pump

$758.68

130086

International Institute Municipal Clerks

Clerk Membership 10/1/16 through 9/30/17

$51.66

3536

International Institute Municipal Clerks

Clerk Membership 10/1/16 through 9/30/17

$51.67

3059

International Institute Municipal Clerks

Clerk Membership 10/1/16 through 9/30/17

$51.67

130087

Konecky Oil Co

Fuel, Repairs

$264.89

3537

Konecky Oil Co

Fuel, Repairs

$104.25

3060

Konecky Oil Co

Fuel, Repairs

$104.25

130088

Loftus Septic Pumping and Construction

Portable Toilets (2) – Jun 2016

$200.00

130089

Keshia Havelka

Prepare Ballfields (1)

$20.00

130090

Lyle Havelka

Prepare Ballfields (26)

$495.00

130091

Nebraska Municipal Clerks Assoc.

Clerk Dues 10/1/16- 9/30/17

$15.00

70616

NE Dept of Revenue

Sales Tax  Jun 2016

$939.97

3538

One Call Concepts

Locate Fee

$10.92

130092

Petty Cash – Library

Keys

$4.26

130093

Three Rivers Clerks Association

Clerk Membership Dues  10/1/16 – 9/30/17

$10.00

3539

USA Blue Book

Repairs

$44.66

130094

Wahoo Concrete

Concrete – N. Spruce St.

$410.00

130101

Matrix Trust Company

TPA 000362

$349.83

130102

Bullock Brothers Inc

Concrete / Culvert – N. Second / Elm Sts.

$5,335.00

130103

Demco

Library Labels

$72.41

3061

Electric Pump

Repair Pump

$358.70

130104

Omaha Public Power District

Electricity

$1,474.72

3540

Omaha Public Power District

Electricity

$364.84

3062

Omaha Public Power District

Electricity

$195.79

130105

Platte Valley Equipment Co

Repairs Tractor

$72.48

3541

Platte Valley Equipment Co

Repairs Tractor

$72.49

3063

Platte Valley Equipment Co

Repairs Tractor

$72.49

130106

Verizon

Police Cell

$59.72

3064

Menards – Elkhorn

Repairs

$21.92

3544

Water Engineering Inc

Water Product

$560.32

130107

Wells Fargo Bank

Ethanol Plant Tax Jun 2016

$105.82

Payroll

$6,994.75

130109

Big Red Home Improvement

Replace 2 Concrete Panels – N Spruce St

$1,830.00

 

POLICE / ZONING ADMINISTRATOR / NUISANCE ENFORCEMENT OFFICER REPORT:  Jerry Carlson

Carlson presented the monthly police report, nuisance violations on structures located at 410 S. Oak Street and 420 S. Cedar Street and the status of an accessory building erected without an approved building permit.  Following discussion with Mr. Barris, the board agreed that the final decision to declare the garage as repairable or declared condemned will be reached after Building Inspector Miller’s evaluation and recommendation.  Havelka will contact Mr. Barris with the result but a timeline will be set for the building to be repaired if that is the case.

 

Wielage introduced and motioned, second by Guyle to adopt Resolution 16-12, Declared Nuisance Violation and Condemnation Declaration of property located at 420 S. Cedar Street.  Vote:  Havelka-yes, Wielage-yes, Wimer-absent, Felty-yes, Guyle-yes; motion carried 4-0.

 

RESOLUTION No. 16-12

            The Board of Trustees of the Village of Mead, Nebraska, in Regular Session assembled at the Village Office in Mead, Nebraska on this 12th day of July, 2016, hereby make the following findings:

 

            WHEREAS, the Nuisance Officer has presented a report setting forth alleged nuisance violations on property legally described as: Lots 20 & 22, Block 31, Original Town Mead, Saunders County, Nebraska and known as 420 South Cedar Street, Mead, Nebraska, which is located within its village limits and within its zoning jurisdiction, identifying  that in his opinion a nuisance exists as defined by Village Ordinance; said report contains photographs and other evidence pertinent to the situation, and the report was presented at a regular meeting for confirmation that a nuisance exists, a copy of said report is attached hereto,  and

           

            WHEREAS, the Building Official for the Village of Mead, Terry Miller, has filed a report with the Board of Trustees indicating that the condition of the residential property is such that the property is unsafe structurally and that the building should be ordered to be demolished as the cost of repair would be extensive and all framing, electrical, plumbing, siding, roofing, flooring, drywall, insulation, windows and doors would need to be removed and replaced, and

 

WHEREAS, a review by the Board of Trustees of the Village of Mead of both reports was made at a Regular Meeting held on the 12th day of July, 2016, and

           

WHEREAS, the Board of Trustees, after review of the report and the accompanying photographs and evidence desires to declare the conditions found therein as Nuisances pursuant to the Village Code of Ordinances (Ordinance No. 657), 4-301 and 4-302 and find that the building is unsafe and should be demolished.

 

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF MEAD that the findings hereinabove made are incorporated herein and that the Board of Trustees declares that nuisances exists upon the property so identified which is within the zoning jurisdiction of the Village; and

 

BE IT FURTHER RESOLVED, that the Board of Trustees orders that the nuisances found above constitute nuisances and that the nuisances found on the property described above and described in the reports attached to this Resolution shall be abated and removed no later than a date certain, that date being August 15, 2016.   The condition of the residential structure is deemed to be unsafe.  The nuisances to be abated and removed which are shown in the attached report and photographs and specifically violate the following Code Sections:

Municipal Code:

§4-302 (A);

§4-302 (B) 4, (B) 9, (B) 10, and (B)16)

IBC 2009:

Section 116

 

BE IT FURTHER RESOLVED, that the Village Clerk shall notify the Nuisance Officer to serve notice upon the violators; that the Nuisance Officer shall prepare and serve notice which shall describe the found nuisances and state the required date of when abatement and removal of the nuisance shall be accomplished; and shall also provide information as to how the interested parties may request a hearing before the governing body.  Notice shall be given as provided in the Municipal Code; and

 

BE IT FURTHER RESOLVED, that the Village Clerk shall notify the Building Inspector to notify the owner a written notice that describes the condition deemed unsafe and specify that the unsafe structure shall be demolished within the time set forth above, said notice to require that the person notified shall declare immediately to the Building Inspector acceptance or rejection of the terms of the order.

 

UTILITY/MAINTENANCE SUPERINTENDENT REPORT:  Nick Raver

No report.

 

PLANNING COMMISSION REPORT:

The minutes of the June 27 Regular Meeting were accepted.  

 

Motion by Havelka, second by Wielage to approve Jim Halbmaier as a member of the Planning Commission.  Vote:  Wielage-yes, Wimer-absent, Felty-yes, Guyle-yes, Havelka-yes; motion carried 4-0.

 

LIBRARY REPORT:

The minutes of the June 22 Library Board Meeting were accepted.

 

CLERK REPORT:  June Moline

Moline presented receipt of a concern with the dump being unlocked during off-hours, IIMC class credits, list of meters requiring maintenance and vacation request. A business had inquired that they not be required to purchase a peddler permit.  The request was denied. Discussion was held on the recycling bin.  Havelka stated S-2 had pulled the recycling bin and is replacing it with a tote.

 

NEW BUSINESS:

Havelka introduced and motioned to waive three readings and adopt Ordinance No. 685, Amend Chapter 5, Sections 5-501 through 5-601 All-terrain Vehicles, Utility-terrain Vehicles and Golf Cars Permitted.  Second by Wielage.  Vote:  Felty-yes, Guyle-yes, Havelka-yes, Wielage-yes, Wimer-absent; motion carried 4-0.

 

ORDINANCE NO. 685

 

            AN ORDINANCE OF THE VILLAGE OF MEAD, SAUNDERS COUNTY, NEBRASKA, TO PROVIDE FOR THE PERMITTING, REGULATION, ENFORCEMENT AND PENALTIES RELATED TO THE USE OF ALL-TERRAIN VEHICLES; UTILITY-TYPE VEHICLES; AND GOLF CAR VEHICLES WITHIN THE CORPORATE LIMITS OF THE MUNICIPALITY; TO PROVIDE THAT THE CHAIR OF THE BOARD OF TRUSTEES AND THE APPROPRIATE DEPARTMENT, WHETHER ONE OR MORE, OF THE VILLAGE OF MEAD, NEBRASKA, ARE AUTHORIZED AND DIRECTED TO IMPLEMENT THIS ORDINANCE.

 

Motion by Guyle, second by Felty to enter executive session at 9:18 p.m. to prevent needless injury to an individual for annual employee evaluations.  Vote:  Guyle-yes, Havelka-yes, Wielage-yes, Wimer-absent, Felty-yes; motion carried 4-0.

 

Motion by Wielage, second by Felty to reconvene in open session at 9:30 p.m.  Vote:  Havelka-yes, Wielage-yes, Wimer-absent, Felty-yes, Guyle-yes; motion carried 4-0.

 

Guyle introduced and motioned to waive three readings to adopt, second by Felty, Ordinance No. 686, Amend salary of the Utility / Maintenance Superintendent and Library Directors.  Vote:  Wielage-yes, Wimer-absent, Felty-yes, Guyle-yes, Havelka-yes; motion carried 4-0.

 

ORDINANCE NO.  686

 

AN ORDINANCE OF THE VILLAGE OF MEAD, SAUNDERS COUNTY, NEBRASKA, TO PROVIDE FOR AMENDMENT OF THE WAGE OR SALARY OF UTILITY/MAINTENANCE SUPERINTENDENT AND LIBRARY DIRECTORS OF THE VILLAGE OF MEAD, NEBRASKA.

 

Motion by Havelka, second by Wielage to adjourn to 9:31 p.m.  Vote: Felty-yes, Guyle-yes, Havelka-yes, Wielage-yes, Wimer-absent; motion carried 4-0.

 

Shawn Havelka, Chairman