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PROCEEDINGS – VILLAGE OF MEAD BOARD OF TRUSTEES

                                                            February 9, 2016                     

 

A Regular Meeting of the Chairman and Board of Trustees of the Village of Mead, NE was held February 9, 2016 at the Village Office.  Chairman Havelka 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 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 Gary Guyle, Richard Wielage and Rod Wimer.  Absent was Trustee PJ Nicola. Also present were Clerk June Moline, Utility/Maintenance Superintendent Nick Raver and Police Chief Jerry Carlson.  Guests were Lee and Bobbie Feldhaus.

 

The posting of the Open Meetings Law was noted.

 

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

 

The minutes of the January 12, 2016 Regular Meeting and January 12, 2016 Regular Meeting and Public Hearing of the Board of Adjustment were approved as presented.

  

Motion by Guyle, second by Wielage to approve the Treasurer’s Report showing $718,526.35 total checking/savings balance ending January 31, 2016.  Vote: Havelka-yes, Nicola-absent, Wielage-yes, Wimer-yes, Guyle-yes; motion carried 4-0. 

 

Motion by Wimer, second by Wielage to approve the claims of $19,341.64 for payment.  Vote:  Nicola-absent, Wielage-yes, Wimer-yes, Guyle-yes, Havelka-yes; motion carried 4-0. Claims being:

 

129857
Post Office
Stamps
$49.00
3437
Post Office
Stamps
$49.00
2970
Post Office
Stamps
$49.00
129860
Inspro Insurance
Surety Bond – Treasurer
$66.66
3439
Inspro Insurance
Surety Bond – Treasurer
$66.67
2972
Inspro Insurance
Surety Bond – Treasurer
$66.67
129861
Mead Easter Egg Hunt
Easter Egg Hunt 2016
$100.00
3440
USA Blue Book
Wellhouse Repairs
$438.88
3441
Water Engineering
Water Product
$560.32
129870
Matrix Trust
TPA 000362
$344.12
102116
Internal Revenue Service
47-6006274
$2,085.86
3444
Nicholas Raver
Cell Phone Jan 2016
$40.00
129871
Black Hills Energy
Natural Gas
$76.53
3445
Black Hills Energy
Natural Gas
$12.14
2974
Black Hills Energy
Natural Gas
$12.14
129872
Amazon
Library Materials, Office Supplies
$600.65
2975
Mead Public Schools
Newsletter –  Feb 2016
$6.59
3446
NE Public Health Env Lab
Water Tests
$15.00
129873
NE Wildlife Rehab
Hibernating Bats Program
$60.00
129874
Petty Cash
Postage, Mileage, Office Supplies
$41.15
3447
Petty Cash
Postage, Mileage, Office Supplies
$28.64
2976
Petty Cash
Postage, Mileage, Office Supplies
$28.64
122716
Windstream
Telephone
$237.08
122816
Windstream
Telelphone
$111.86
122916
Windstream
Telephone
$111.86
129875
Inspro Ins
Surety Bond – Chairman
$33.34
3448
Inspro Ins
Surety Bond – Chairman
$33.33
2977
Inspro Ins
Surety Bond – Chairman
$33.33
129876
Midwest Radar
Recertify Radar
$40.00
129877
Petty Cash – Library
Postage
$37.48
129878
Chase Card Services
Supplies
$119.53
129879
Konecky Oil
Fuel
$126.53
3449
Konecky Oil
Fuel, Repairs
$133.82
2978
Konecky Oil
Fuel, Repairs, Tires
$1,737.50
129880
Constellation Energy
Natural Gas
$145.02
3450
Constellation Energy
Natural Gas
$23.71
2979
Constellation Energy
Natural Gas
$23.71
3451
One Call Concepts
Locate Fee
$10.62
3452
USA Blue Book
Wellhouse Repairs
$247.74
20316
NE Dept of Revenue
Sales Tax  Jan 2016
$800.58
129881
Miller Property
Building Inspections
$180.00
129886
Matrix Trust
TPA 000362
$345.08
129887
Verizon
Police Cell
$66.91
3453
Hawkins
Water Product
$725.30
129888
OPPD
Electricity
$1,496.32
3454
OPPD
Electricity
$427.02
2983
OPPD
Electricity
$340.59
3455
USA Blue Book
Wellhouse Repairs
$112.88
129889
Wahoo Newspaper
Publications
$136.75
129891
Wells Fargo Bank
Ethanol Plant Tax Oct 2015, Jan 2016
$63.07
20916
Wex Bank
Fuel – Police Cruiser
$26.91
Payroll Fund
$6,616.11

 

Motion by Wielage, second by Wimer to adjourn to a Public Hearing at 6:05 p.m.  Vote:  Wimer-yes, Guyle-yes, Havelka-yes, Nicola-absent, Wielage-yes; motion carried 4-0.

 

PUBLIC HEARING:

The posting of the Open Meetings law was noted.

 

Answering roll call were Chairman Havelka; Trustees Guyle, Wielage and Wimer.  Absent was Trustee Nicola.

 

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

 

Havelka stated the purpose of the hearing was to review the One and Six Year Plan for Street Improvement Program.

 

Guyle introduced and motioned, second by Wielage, to adopt Resolution 16-02, One and Six Year Plan for Street Improvement Program.  Vote:  Havelka-yes, Nicola-absent, Wielage-yes, Wimer-yes, Guyle-yes; motion carried 4-0.

 

RESOLUTION NO. 16-02

 

The following resolution was introduced by Gary Guyle, who moved its adoption, and

seconded by Richard Wielage,

 

“WHEREAS, the Village Street Superintendent has prepared and presented a

One Year and Six Year Plan for Street Improvement Program for the Village of Mead,

Nebraska, and

WHEREAS, a public hearing was held on the 9thday of February 2016, to

present this plan and there were no objections to said plan;

THEREFORE, BE IT RESOLVED BY THE Chairman and Village Board of

Trustees of Mead, Nebraska that the plans and data as furnished are hereby in all

things accepted and adopted.”

 

        Upon roll call vote as follows:

Gary Guyle – Yes

Shawn Havelka – Yes

PJ Nicola – Absent

Richard Wielage – Yes

Rodney Wimer – Yes

 

The Chair then instructed the Clerk to read Resolution No. 16-02 of the Village of Mead, Nebraska.  The Clerk thereupon read the “Resolved” portion of the aforesaid Resolution No. 16-02 aloud.  Discussion then followed.

 

WHEREUPON, Board Member Gary Guyle moved that said Resolution No. 16-02 be approved.  Board Member “Richard Wielage seconded this motion.  The Chair then inquired if any further discussion was required.

 

The Chair instructed the Clerk to call the roll for the vote thereon.  The Clerk called the roll and the following was the vote on this motion.

 

Yeas:  Havelka, Wielage, Wimer, Guyle

Nays:  Nicola

Absent:

 

WHEREUPON, the Chair declared that the Motion having been approved by a majority of the votes cast, said Resolution 16-02 is approved and adopted.

 

Motion by Havelka, second by Wielage to adjourn and return to Regular Session at 6:11 p.m.  Vote:  Wielage-yes, Wimer-yes, Guyle-yes, Havelka-yes, Nicola-absent; motion carried 4-0.

 

REGULAR SESSION:

A letter of resignation from the Board of Trustees was read from Trustee Nicola.  The resignation was submitted due to a conflict with his job.

 

UTILITY/MAINTENANCE SUPERINTENDENT REPORT:  Nick Raver

Raver reported the water load-out station project with AltEn has been approved and declared closed by Nebraska Health and Human Services and an extension for the Water Project Planning Grant OA Project No. 013-1517 has been granted an extension until June 30, 2016 by the Nebraska Department of Environmental Quality.  Possible land options to purchase for a well, treatment plant and water tower were discussed.

 

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

Officer Carlson presented the monthly police report.  Pending litigation was discussed.

 

PLANNING COMMISSION REPORT:

The minutes of the January 25 Regular Meeting and Building Permit 16-01, Michael Schaal to erect a privacy fence were accepted.  A second notice will be sent to a resident regarding a zoning violation.

 

LIBRARY REPORT:

The minutes of the January 20 Library Board Meeting were accepted.

 

CLERK REPORT:  June Moline

Moline reported on the status of AltEn’s application to amend their Solid Waste Compost Facility Permit as reported by the Nebraska Department of Environmental Quality and requested vacation days of March 24 and 25.  Upcoming meetings were noted:  Incident Command Meeting – February 11, WWAC Committee Meeting – February 16, and Olsson’s Annual Funding Event – February 18.

 

UNFINISHED BUSINESS:

Motion by Wimer, second by Wielage to adopt on third reading, Ordinance No. 671 to amend Chapter 9, Article 2, Section 9-201, Building Permits to add a charge of $150.00 for a Permitted Conditional Use and to amend Chapter 9, Article 6, to add Section 9-602, Maintenance Code; Adopted – Reference; Ordinance No. 672 to amend Chapter 10, Article 5, Section 105-1, Occupation Tax with the addition of a $50.00 occupation tax for cell towers; and Ordinance No. 673 to amend Chapter 11, zoning regulations.  Vote:  Wimer-yes, Guyle-yes, Havelka-yes, Wielage-yes; motion carried 4-0.

 

ORDINANCE NO. 671                

 

AN ORDINANCE OF THE VILLAGE OF MEAD, SAUNDERS COUNTY, NEBRASKA, TO AMEND CHAPTER 9, BUILDING REGULATIONS OF THE MUNICIPAL CODE OF THE VILLAGE OF MEAD, NEBRASKA, BY THE AMENDMENT TO ARTICLE 2, BUILDING PERMITS; SECTION 9-201, BUILDING PERMITS, WITH THE ADDITION “PERMITTED CONDITIONAL USE – A FEE OF WILL BE CHARGED FOR EACH REQUEST FOR A PERMITTED CONDITIONAL USE.  THE APPLICANT SHALL PLOVIDE A LIST OF LANDOWNER’S LOCATED WITHIN THREE HUNDRED (300’) FEET OF THEIR PROPERTY TO THE VILLAGE CLERK.  THE LIST SHALL BE COMPILED BY A TITLE COMPANY AT THE APPLICANT’S EXPENSE AT LEAST TEN (10) DAYS PRIOR TO THE PUBLIC HEARING”; AND THE ADDITION TO ARTICLE 6, BUILDING CODE; SECTION 9-602, “MAINTENANCE CODE – ADOPTED – REFERENCE”.

 

ORDINANCE NO. 672             

 

AN ORDINANCE OF THE VILLAGE OF MEAD, SAUNDERS COUNTY, NEBRASKA, TO AMEND CHAPTER 10, BUSINESS REGULATIONS, ARTICLE 5, OCCUPATION TAXES, SECTION 501-1, OCCUPATION TAX: AMOUNTS WITH THE ADDITION OF CELL TOWERS $50.00 PER YEAR.

 

ORDINANCE NO. 673                  

 

AN ORDINANCE OF THE VILLAGE OF MEAD, SAUNDERS COUNTY, NEBRASKA, TO AMEND CHAPTER 11, SUBDIVISION REGULATIONS OF THE MUNICIPAL CODE OF THE VILLAGE OF MEAD, NEBRASKA, BY THE AMENDMENT WITH THE ADDITION THERETO OF CHAPTER 11, ZONING REGULATION, ARTICLE 3, DISTRICTS, SECTION 11-305, SUBURBAN RESIDENTIAL, C.1. “THE SIDEWALLS OF SAID BUILDINGS SHALL NOT EXCEED FOURTEEN (14’) FEET IN HEIGHT”, SECTION 11-306, SINGLE FAMILY RESIDENTIAL, B.1. “THE SIDEWALLS OF SAID BUILDINGS SHALL NOT EXCEED FOURTEEN (14’) FEET IN HEIGHT”, AND SECTION 11-307, MULTIPLE FAMILY, B.1. “THE SIDEWALLS OF SAID BUILDINGS SHALL NOT EXCEED FOURTEEN (14’) FEET IN HEIGHT”; AMENDMENT TO ARTICLE 4, ADDITIONAL REGULATIONS, SECTION 11-410, FENCES, WITH THE ADDITION OF SURBURBAN RESIDENTIAL TO THE SECTION; AMEND SECTION 11-410, FENCES, WITH THE  ADDITION OF “BARBED WIRE OR ELECTRIFIED FENCES ARE NOT PERMITTED” IN SINGLE FAMILY RESIDENTIAL, MULTIPLE FAMILY RESIDENTIAL, AND MOBILE HOME PARK DISTRICTS; AMEND COMMERICAL, NEIGHBORHOOD BUSINESS, LIGHT INDUSTRIAL AND HEAVY INDUSTRIAL DISTRICTS WITH THE ADDITION OF “FENCING MINIMUM HEIGHT OF 6 FEET”; AMEND ALL DISTRICTS WITH THE ADDITION OF “ALL AREAS THAT ARE FENCED ARE TO BE CONSTRUCTED OF CHAIN LINK OR OF A MATERIAL COMMON TO FENCING SUCH AS WOOD, CHAIN LINK, PVC/RESIN, STONE OR MASONRY”; AMEND ALL DISTRICTS WITH THE ADDITION OF “GARAGE DOORS ARE NOT PERMITTED AS A FENCE IN ANY ZONING DISTRICT”; AMEND ALL DISTRICTS WITH THE AMENDMENT OF “THE FINISHED SURFACES OF ALL FENCES SHALL FACE TOWARD ADJOINING PROPERTY OR STREET FRONTAGE”; ADDITION OF “FENCE CONSTRUCTION ON UTILITY EASEMENTS” TO ALL DISTRICTS; AND ADDITION OF SECTIONS 11-413 “ROOFS”, 11-414 “EXEMPTIONS”,  AND 11-415 “TOWER REGULATIONS”.

 

NEW BUSINESS:

Guyle introduced and motioned, second by Wimer to approve first reading of Ordinance No. 677, Non-exclusive franchise with Quality Disposal for garbage services and Ordinance No. 678, Non-exclusive franchise with Waste Connections for garbage services.  Vote:  Guyle-yes, Havelka-yes, Wielage-yes, Wimer-yes; motion carried 4-0.

 

Havelka introduced and motioned, second by Guyle, to adopt Resolution 16-04, Special Designated Liquor License to Mead Fire/Rescue Department to host a Mead High School Alumni get-together at the Mead Community Building on March 18 and 19.  Vote:  Havelka-yes, Wielage-yes, Wimer-yes, Guyle-yes; motion carried 4-0.

 

RESOLUTION NO. 16-04

 

A RESOLUTION TO ADOPT A POLICY REQUIRING A SPECIAL DESIGNATED LIQUOR LICENSE IS IN PLACE AT ALL PRIVATE OR PUBLIC FUNCTIONS HELD ON PUBLIC PROPERTY.

 

WHEREAS,                    the purchase of a Special Designated Liquor License must be obtained from the Nebraska Liquor Commission; and

 

WHEREAS,                    the applicant, Mead Volunteer Fire Department, submitted a request to submit an application to the Nebraska Liquor Control Commission for a Special Designated Liquor License for an Mead High School Alumni Get-together on March 18 and 19, 2016 at the Mead Community Building.

 

 

Guyle introduced and motioned, second by Wielage, to adopt Resolution 16-05, Interlocal Cooperation Agreement for a Mutual Finance Organization.  Vote:  Wielage-yes, Wimer-yes, Guyle-yes, Havelka-yes; motion carried 4-0.

 

RESOLUTION # 16-05

 

            WHEREAS, certain municipalities and fire protection districts located in Saunders County, Nebraska desire to enter into an Interlocal cooperation agreement for the creation of a Mutual Finance Organization pursuant to Legislative Bill 1120, 1998;

 

            WHEREAS, the Interlocal Cooperation Agreement for a Mutual Finance Organization would be in the best interests of all participating members; and

 

            WHEREAS, the members desire to enter into a written Interlocal Cooperation Agreement for a Mutual Finance Organization.

 

            NOW, THEREFORE, BE IT RESOLVED by the Chairperson and Board of Trustees of the Village of Mead, Nebraska:

 

            Section 1.  The Chairperson of the Board of Trustees of the Village of Mead, Nebraska is merged for fire and rescue protection services with the Mead Rural Fire Protection Dist. #8 and their subdivision boundaries lie in shall not levy any property tax for the purpose of jointly funding the operations of all members of the Mutual Finance Organization and shall not have a board member;

 

            Section 2.  The Interlocal Cooperation Agreement for a Mutual Finance Organization shall not establish a separate legal entity, but rather shall be a joint and cooperative undertaking between the members and that a joint board shall be responsible for administering this joint and cooperative undertaking.

 

Discussion was held on snow removal.  Raver was directed to purchase a snow blower for use at the village office and library.

 

Motion by Wielage, second by Wimer to appoint Alberto Silva as the village’s Hearing Officer.  Vote:  Wimer-yes, Guyle-yes, Havelka-yes, Wielage-yes; motion carried 4-0.

 

Motion by Guyle, second by Wileage to approve Robert McMullen as Dumpmaster at a rate of $9.00 per hour.  Vote:  Guyle-yes, Havelka-yes, Wielage-yes, Wimer-yes; motion carried 4-0.

 

Motion by Guyle, second by Wielage to adourn at 7:35 p.m.  Vote:  Havelka-yes, Wielage-yes, Wimer-yes, Guyle-yes; motion carried 4-0.
Shawn Havelka, Chairman
June Moline, Clerk