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PROCEEDINGS – VILLAGE OF MEAD BOARD OF TRUSTEES

June 8, 2021

 

A Regular Meeting of the Chairman and Board of Trustees of the Village of Mead, NE was held June 8, 2021 at the Mead Community Building.  Chairman Thorson called the meeting to order at 6:00 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 in the Wahoo Newspaper and 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 William Thorson, Trustees Jason Felty, Jason Lee, Daniel Simon, and Richard Wielage. Also present were Clerk June Moline and Utilities/Maintenance Superintendent Nicholas Raver.  Guests were Jody Weible, Maureen Freeman-Caddy, Steve Mossman, Levi Durnal, Jillian Spencer, Anne Hubbard, Emily Humm, John Schnell, John Vogt, and Stacey and Lawanna Subbert.

 

The posting of the Open Meetings Law was noted.

 

Motion by Simon, second by Felty, to adopt the agenda.  Vote:  Felty-yes, Lee-yes, Simon-yes, Thorson-yes, Wielage-yes; motion carried 5-0.

 

Motion by Lee, second by Simon, to adjourn to a Public Hearing at 6:01 p.m.  Vote:  Lee-yes, Simon-yes, Thorson-yes, Wielage-yes, Felty-yes; motion carried 5-0.

 

PUBLIC HEARING:

Thorson called the hearing to order at 6:01 p.m.  Answering roll call were Chairman William Thorson; Trustees Jason Felty, Jason Lee, Daniel Simon, and Richard Wielage.

 

Thorson noted the posting of the Open Meetings Law.

 

Motion by Felty, second by Wielage, to adopt the agenda.  Vote:  Simon-yes, Thorson-yes, Wielage-yes, Felty-yes, Lee-yes; motion carried 5-0.

 

Thorson stated the purpose of the hearing was to hear testimony for consideration of revocation of Conditional Use Permit issued to AltEn, LLC for operation of an ethanol plant and anaerobic digester pursuant to Ordinance No. 655.

 

Village Attorney Maureen Freeman-Caddy presented documentation indicating the plant has violated the rules and regulations set forth in the Conditional Use Permit previously granted by Ordinance No. 655.  Documents included Ordinance No. 655; Village of Mead Planning Commission Meeting minutes from May 19, 2021; a complaint filed in Saunders County District Court; Case No. 3540 Emergency Complaint and Order; Case No. 3546 Emergency Complaint and Order; Case No. 3469 Complaint, Compliance Order and Notice of Opportunity for Hearing; and Case No. 3475 Complaint, Compliance Order and Notice of Opportunity for Hearing.

 

Thorson called for public input in support of revocation of the permit.

 

Jody Weible stated she has a petition with 230 signatures seeking revocation of the Conditional Use Permit of AltEn and expressed concerns of stored water at the site.

 

John Schnell asked that the board consider revocation of the permit of AltEn and that a representative of the village be on-site during the clean-up of materials.

 

Thorson called for public input in support of AltEn’s continued Conditional Use Permit.

 

Attorney Steve Mossman, representing AltEn, LLC, requested that the Conditional Use Permit issue to AltEn, LLC, be suspended, not revoked.

 

 

Motion by Lee, second by Simon, to reconvene in Regular Session at 6:19 p.m.  Vote:  Wielage-yes. Felty-yes, Lee-yes, Simon-yes, Thorson-yes; motion carried 5-0.

 

Discussion followed by the board. Felty stated with suspension of the permit it leaves doubt that the plant may operate in the future once the violations are remedied.

 

Motion by Lee, second by Felty, to declare findings of violations have been presented that AltEn, LLC has violated the federal and state regulations stipulated in the Conditional Use Permit granted by Ordinance No. 655.  Vote:  Wielage-yes, Felty-yes, Lee-yes, Simon-yes, Thorson-yes; motion carried 5-0.

 

Motion by Felty, second by Wielage, to accept the Planning Commission recommendations as set forth at the May 19 Special Board Meeting.  Those recommendations being the revocation of AltEn’s Conditional Use Permit for operation of an ethanol plant and anaerobic digestor, except as required to utilize the facility, its equipment, filtration systems and machinery for remediation, removal and disposal of contamination, waste, and toxins from the facility, lagoons, soil and water as permitted and directed by local, state and/or federal government departments.  Vote:  Felty-yes, Lee-yes, Simon-yes, Thorson-yes, Wielage-yes; motion carried 5-0.

 

Lee introduced and motioned to waive three readings of Ordinance No. 772.  The motion was seconded by Felty.  Vote:  Lee-yes, Simon-yes, Thorson-yes, Wielage-yes, Felty-yes; motion carried 5-0.

 

Motion by Felty, second by Wielage, to adopt Ordinance No. 772, Revoke the permit granted AltEn, LLC, with exemptions to address the environmental clean-up.  The intended effect of the revocation shall be that the current permit to produce ethanol will be terminated and the use of the anaerobic digestion facility will cease, but the equipment, digester and other facilities may be used only for clean-up and disposal of environmental waste, until the same is completed.  Vote:  Simon-yes, Thorson-yes, Wielage-yes, Felty-yes, Lee-yes; motion carried 5-0.

 

ORDINANCE NO. 772

 

AN ORDINANCE OF THE VILLAGE OF MEAD, SAUNDERS COUNTY, NEBRASKA, TO REVOKE THE CONDITIONAL USE PERMIT, GRANTED PREVIOUSLY BY ORDINANCE NO. 655; TO PROVIDE FOR THE SEVERABILITY OF ANY SECTION, CLAUSE, OR PROVISION OR PORTION OF THIS ORDINANCE FOUND UNCONSTITUTIONAL OR INVALID; TO PROVIDE FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE THAT THIS ORDINANCE SHALL BE PUBLISHED BY POSTING WITHIN THE FIRST FIFTEEN DAYS AFTER ITS PASSAGE AND APPROVAL, AND SHALL BE IN FULL FORCE AND TAKE EFFECT FROM AND AFTER ITS PASSAGE AND APPROVAL, AS PROVIDED BY LAW, AND AS PROVIDED HEREIN; AND THAT IT IS THE INTENTION OF THE CHAIR AND BOARD OF TRUSTEES OF THE VILLAGE OF MEAD, NEBRASKA, AND IT IS HEREBY ORDAINED, THAT THE PROVISIONS OF THIS ORDINANCE SHALL NOT BE MADE A PART OF THE ZONING ORDINANCE OF THE VILLAGE OF MEAD, NEBRASKA.

 

            WHEREAS, a Conditional Permitted Use Permit was granted to AltEn, LLC, pursuant to Ordinance No 655 of the Village of Mead, namely, for the operation of a 24,000,000 gallon per year ethanol plant and 8,000,000 gallon anaerobic digestion facility, provided, that the permit was not to be modified, altered or amended to be more restrictive, provided that AltEn, LLC complied with all rules and regulations of the applicable departments of the State and Federal government pertaining to an ethanol facility, and

 

            WHEREAS, since granting the Conditional Permitted Use set forth in Ordinance 655, AltEn, LLC has violated rules and regulations of the Nebraska Department of Environment and Energy a department of a governmental entity with supervisory responsibility for regulations applicable to an ethanol facility, and,

 

            WHEREAS, said Village of Mead Planning Commission did hold a public hearing on May 3, 2021, after proper notice, regarding said revocation, receiving testimony and information at said hearing regarding the conditional use permit and violations thereto.  The Planning Commission convened on May 19, 2021 at a Special Meeting, discussed the matter and did thereafter submit in writing its recommendations to the Board of Trustees of the Village of Mead, Nebraska, as to said Revocation, and,

 

            WHEREAS, the  Board of Trustees of the Village of Mead, Nebraska, did hold a public hearing regarding said Revocation, after proper notice,  and did find that the violations of the rules and regulations of the Nebraska Department of Energy and Environment , formerly the Nebraska Department of Environmental Quality, and the State of Nebraska to wit:  Violations of the Nebraska Environmental Protection Act and the Nebraska Admin. Code, Titles 119 and 123, which is a violation of the Conditional Use Permit, and

 

            WHEREAS, the Board of Trustees, after consideration of the information before it after hearing and recommendation, deems it in the best interest of the Village of Mead to revoke the Permit granted AltEn LLC, with exemptions to address the environmental clean-up which is currently underway and which is in the process of being determined.  The intended effect of the revocation shall be that the current permit to produce ethanol will be terminated and the use of the anaerobic digestion facility will cease, but that the equipment, digester and other facilities may be used only for clean-up and disposal of environmental waste,  until the same is completed.

 

            NOW, THEREFORE, BE IT ORDAINED BY THE CHAIR AND BOARD OF TRUSTEES OF THE VILLAGE OF MEAD, NEBRASKA, as follows:

 

            Section 1.  That the findings here and above made should be, and are hereby made a part of this Ordinance as fully as if set out at length herein.

 

            Section 2.  That evidence provided showed that numerous violations have occurred since the grant of the Conditional Use Permit in 2014, and that AltEn LLC has violated the  Nebraska Environmental Protection Act and the Neb. Admin Code, Titles 119 and 123.  The Nebraska Department of Energy and Environment administers the Nebraska Environmental Protection Act on behalf of the State.  As a result of said violations, cause has been shown that AltEn, LLC has failed to comply with all rules and regulations of the applicable departments of State and Federal Government pertaining to an ethanol facility.

 

            Section 3.    The Board of Trustees of the Village of Mead, Nebraska hereby revokes the Conditional Use Permit granted by Ordinance 655  for operation of an ethanol plant and anaerobic digestor, except as required to utilize the facility, its equipment, filtration systems and machinery for remediation, removal and disposal of contamination, waste, and toxins from the facility, lagoons, soil and water as permitted and directed by local, state and/or federal government departments, until said clean-up is completed.

 

SCHEDULED GUESTS:

Stacey and Lawanna Subbert expressed a desire to store port-a-potty’s on Lots 1, 3, &  5, Block 25, Original Town Mead.  The property is in the Neighborhood Business District and the property to the south is Multiple-family Residential District.  Neither district allows this type of storage.  Either a Permitted or Special Permitted Use would need to be approved to add to a district or rezoning of the property.

 

Ron Raver spoke of concern with the condition of the property located north of his rental property at 317 S. Cedar St.  He said there are numerous “critters” and snakes residing on the property.  Foxes are a major concern.  Ron asked the board who would be liable if one bit a child.  He also stated he is against allowing the storage of port-a-pots in Mead.  He said Mead has had to endure enough “stink” in recent years. The Subbert’s disagreed and said there would be no smell and would surround the property with a fence.

 

NEW BUSINESS:

The board accepted the resignation of Ricky Miller from the Planning Commission.

 

Motion by Wielage, second by Felty, to appoint Levi Durnal to the Board of Adjustment.  Vote:  Thorson-yes, Wielage-yes, Felty-yes, Lee-yes, Simon-yes; motion carried 5-0.

 

Motion by Simon, second by Lee, to adjourn to a Board of Adjustment meeting.  Vote:  Thorson-yes, Wielage-yes, Felty-yes, Lee-yes, Simon-yes; motion carried 5-0.

 

The board returned to the regular meeting at 7:21 p.m.

 

The minutes of the May 11 Regular Meeting and Public Hearing were accepted.

 

Motion by Wielage, second by Felty, to approve the Treasurer’s Report showing $793,954.59 total checking/savings balance ending May 31, 2021.  Vote: Lee-yes, Simon-yes, Thorson-yes, Wielage-yes, Felty-yes; motion carried 5-0.

 

Motion by Felty, second by Simon, to approve Pay Certificate #11 to Neuvirth Construction in the amount of $88,160.00 for chemical feed system, site/building utilities (electrical and controls), wells, piping disinfection, seeding, and miscellaneous site features.  Work completed through May 2021 is 96% complete.  Vote:  Simon-yes, Thorson-yes, Wielage-yes, Felty-yes, Lee-yes; motion carried 5-0.

 

Motion by Simon, second by Thorson, to approve the claims of $209,234.62 for payment.  Vote:  Thorson-yes, Wielage-yes, Felty-yes, Lee-yes, Simon-yes; motion carried 5-0.  Claims being:

 

05/13/2021 132572 92West Website Support $89.00
05/13/2021 132573 Inspro Ins Special Events Mead Days $460.50
05/13/2021 132574 Mead Rural Fire Dept Utilities, Insurance – Community Bldg. $4,943.56
05/13/2021 3922 Nicholas Raver Cell Phone May 2021 $70.00
05/13/2021 132576 Nicholas Raver Mulch $147.70
05/13/2021 667 Village of Mead Refund Utility Deposit #1540 $150.00
05/14/2021 3923 NDEE Loan C317854 $30,354.69
05/17/2021 132577 OfficeNet Office Supplies $177.52
05/17/2021 4623 OfficeNet Office Supplies, Custodial Supplies $124.83
05/17/2021 3924 OfficeNet Office Supplies, Custodial Supplies $124.83
05/17/2021 4624 USA Blue Book Testing Supplies $101.92
05/19/2021 132578 Bromm, Lindahl, et al Legal Fees $268.66
05/19/2021 4625 Bromm,, Lindahl, et al Legal Fees $749.17
05/19/2021 3925 Bromm, Lindahl, et al Legal Fees $268.67
05/19/2021 83 Olsson Professional Fees – Water Project $10,880.20
05/20/2021 4626 NE Public Health Env Lab Water Tests $15.00
05/20/2021 132579 Petty Cash Postage, Mileage, Office Supplies $25.57
05/20/2021 4627 Petty Cash Postage, Mileage $14.04
05/20/2021 3926 Petty Cash Postage, Mileage $14.04
05/21/2021 132592 Matrix Trust Co 414(h) Plan $457.28
05/24/2021 132593 Bomgaars Repairs Sprayer, Padlock, Chain, Rake $219.12
05/24/2021 4628 Bomgaars Grass Seed, Fertilizer $87.24
05/24/2021 3930 Bomgaars Grass Seed, Fertilizer $174.20
05/24/2021 4629 Menards – Elkhorn Cordless Phone $69.99
05/24/2021 3931 Menards – Elkhorn Weed & Feed, Spreader $109.84
05/24/2021 4630 USA Blue Book Testing Supplies $46.52
05/24/2021 52421 Windstream Telephone $159.89
05/24/2021 52521 IRS SS/Med/FIT May 2021 $2,262.82
05/26/2021 132594 Assurity Life Ins Life Insurance – Clerk/Treasurer $102.00
05/26/2021 4631 Assurity Life Ins Life Insurance Policy – Clerk/Treasurer $100.00
05/26/2021 3932 Assurity Life Ins Life Insurance – Clerk/Treasurer $100.00
05/26/2021 52721 Bank of Mead Administration Fee $10.00
05/26/2021 52621 Depository Trust Principal Sewer Bonds 2020 $25,000.00
05/26/2021 132595 Post Office Stamps (3) $165.00
05/26/2021 4632 Post Office Stamps (3) $165.00
05/26/2021 3933 Post Office Stamps (3) $165.00
05/26/2021 132596 Olsson Professional Fees – Zoning Map $300.00
05/26/2021 4633 NE Rural Water Assoc. Membership 2021 $62.50
05/26/2021 3934 NE Rural Water Assoc. Membership 2021 $62.50
05/27/2021 52821 Windstream Telephone $248.97
05/27/2021 52921 Windstream Telephone $121.17
05/27/2021 53021 Windstream Telephone $121.17
05/28/2021 4634 Chase Supplies WTP $197.20
05/28/2021 132597 NMC Repairs – Skidloader $139.98
05/28/2021 4635 NMC Repairs – Skidloader $139.97
05/28/2021 3935 NMC Repairs – Skidloader $139.97
05/28/2021 132598 OfficeNet Office Supplies $21.62
05/28/2021 4636 OfficeNet Office Supplies $21.61
05/28/2021 3936 OfficeNet Office Supplies $21.61
05/28/2021 132599 Verizon Police Cell / Phone $53.49
05/28/2021 4637 Village of Mead Sewer Fund Transfer Water Fund to Sewer Fund $20,000.00
05/28/2021 84 Village of Mead Water Fund USDA – Reimburse Invoices – Water Project $3,781.86
05/28/2021 4638 Water Engineering Water Product $48.06
05/28/2021 132600 Petty Cash – Library Postage, Program Supplies $20.88
05/31/2021 60221 NE Dept of Revenue Sales Tax May 2021 $1,375.10
06/01/2021 4639 One Call Concepts Locate Fees $5.00
06/03/2021 132601 Frontier Coop Fuel $148.38
06/03/2021 4640 Frontier Coop Fuel $73.31
06/03/2021 3937 Frontier Coop Fuel $73.31
06/03/2021 132602 Platte Valley Equip. Repairs – Tractor $19.29
06/03/2021 4641 Platte Valley Equip. Repairs – Tractor $19.28
06/03/2021 3938 Platte Valley Equip. Repairs – Tractor $19.28
06/03/2021 132603 Wahoo Auto Parts Repairs – Skidloader $39.34
06/03/2021 4642 Wahoo Auto Parts Repairs – Skidloader $39.33
06/03/2021 3939 Wahoo Auto Parts Repairs – Skidloader $39.33
06/03/2021 85 Neuvirth Construction Building, Utilities, Wells $88,160.00
06/04/2021 132611 Matrix Trust Co 414(h) Plan $457.28
06/04/2021 132612 Raider-Nation Autoplex Oil Change – Pickup $11.99
06/04/2021 4643 Raider-Nation Autoplex Oil Change – Pickup $12.00
06/04/2021 3941 Raider-Nation Autoplex Oil Change – Pickup $12.00
06/07/2021 132613 Black Hills Energy Natural Gas $50.28
06/07/2021 4644 Black Hills Energy Natural Gas $8.76
06/07/2021 3942 Black Hills Energy Natural Gas $8.76
06/07/2021 132614 Constellation Natural Gas $6.35
06/07/2021 3943 Platte Valley Equip. Gasket – Tractor $14.30
06/07/2021 132615 Wahoo Newspaper Publications $42.62
06/07/2021 4645 Wahoo Newspaper Publications $133.83
06/08/2021 60821 Depository Trust Co Interest Sewer Bonds 2020 $3,787.50
06/08/2021 60921 Bank of Mead Administration Fee $10.00
06/08/2021 668 Village of Mead Refund Utility Deposit #2925 $150.00
06/08/2021 132616 OPPD Electricity $894.63
06/08/2021 4646 OPPD Electricity $526.81
06/08/2021 3944 OPPD Electricity $123.50
Payroll Fund $9,099.70

 

POLICE REPORT:  Jerry Carlson

A complaint was reviewed by the board.

 

Lee introduced and motioned to adopt, second by Felty, Resolution 21-05 Nuisance Abatement on Lots 7 & 8, Block 5, Anderson & Carlson’s Addition to Mead.  Vote:  Wielage-yes, Felty-yes, Lee-yes, Simon-yes, Thorson-yes; motion carried 5-0.

 

RESOLUTION No. 21-05

 

            The Board of Trustees of the Village of Mead, Nebraska, in Regular Session assembled at the Mead Community Building in Mead, Nebraska on this 8th day of June, 2021, hereby make the following findings:

 

            WHEREAS, the Nuisance Officer has presented a report setting forth alleged nuisance violations on property legally described as: Lots 7 and 8, Block 5, Anderson and Carlson’s Addition to Mead, Mead, Saunders County, Nebraska and known as 522 S. Vine  Street, Mead, 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, a review by the Board of Trustees of the Village of Mead was made at a Regular Meeting held on the 8th day of June, 2021, 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), 4-302(A) NUISANCE, 4-302(B4), (B9), (B10), (B12), (B13), (B19), and (B20), and 11-202 Terms; Definitions, AUTOMOBILE; JUNK, INOPERABLE OR UNLICENSED.

 

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 exist 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 on the property described above and described in the report attached to this Resolution shall be abated and removed no later than a date certain, that date being July 12, 2021.   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, 9, 10, 12, 13, 19 and 20
  • 11-202

 

UTILITIES/MAINTENANCE SUPERINTENDENT REPORT:  Nick Raver

Raver reported the tractor is inoperable, training at the water treatment plant, and inquired if there is a need to spray for mosquitos prior to Mead Days.  The board agreed there is no reason to spray at this time.  A back-up operator for the water system was discussed.

 

PLANNING COMMISSION REPORT:

The minutes of the May 3 Special Meeting and Public Hearing, May 19 Special Meeting, and May 24 Regular Meeting and Public Hearing and permits issued were accepted.  Permits being:  21-15 Jason Lee, 202 E. Seventh Street – construct addition to house; 21-16 Village of Mead, 100 N. Elm Street – demolish north wellhouse.

 

Motion by Simon, second by Lee, to approve a Building Permit Application from Leland Nygren, 1146 Co Rd L, to install a replacement well.  Vote:  Felty-yes, Lee-yes, Simon-yes, Thorson-yes, Wielage-yes; motion carried 5-0.

 

Motion by Lee, second by Thorson, to approve a Building Permit Application from Thomas and Jillian Spencer to place a shed on skids at 703 S. Oak Street.  Vote:  Lee-yes, Simon-yes, Thorson-yes, Wielage-yes, Felty-yes; motion carried 5-0.

 

Motion by Lee, second by Thorson, to reappoint Levi Durnal, James Halbmaier, and Wyatt Swartz to the Planning Commission.  Vote:  Simon-yes, Thorson-yes, Wielage-yes, Felty-yes, Lee-yes; motion carried 5-0.

 

LIBRARY REPORT:  

The minutes of the May 11 and June 1 Library Board meetings were accepted.

 

UNSCHEDULED GUEST:

John Vogt inquired why the dump gate is open during unscheduled hours.

 

CLERK REPORT:  June Moline

Moline reported fifty-five pet licenses sold to date; discussed a delinquent water/sewer account; issues with a meter being shut off; street cleaning scheduled for June 14 and 15; village accountant on-site on July 8 to complete the nine-month audit and gather information for the upcoming budget; vacation; and Mead Clean-up Day is June 12th from 9:00 a.m. – 12:00 p.m.

 

NEW BUSINESS:

One bid was received for concrete work at the water plant.

 

Motion by Lee, second by Simon, to approve the bid from Big Red Home Improvement which is $25,840.00 for concrete floor in pole shed, $2,890.00 for concrete floor in water tower, and $3,800.00 for approach to building for a total of $32,530.00.  Vote:  Wielage-yes, Felty-yes, Lee-yes, Simon-yes, Thorson-abstain; motion carried 4-0, with 1 abstention.

 

Bids for installation of a fence to surround the perimeter of the water project will be opened at the July 13 meeting.

 

It was agreed that Twisted Thunder Fireworks will be allowed to rent the green space on the east side of the park for one-year to sell fireworks.  The rental fee shall be $1,500.00.

 

Motion by Simon, second by Felty, to authorize forwarding of payment for Pay Certificate #4 and Certificate of Substantial Completion to ME Collins for concrete work on N. Oak Street.  Vote:  Felty-yes, Lee-yes, Simon-yes, Thorson-yes, Wielage-yes; motion carried 5-0.

 

Motion by Felty, second by Thorson, to adjourn at 8:10 p.m.  Vote:  Lee-yes, Simon-yes, Thorson-yes, Wielage-yes, Felty-yes; motion carried 5-0.

William Thorson, Chairman

June Moline, Clerk