NOVEMBER 10, 2010

The Union Village Board met in regular session on November 10, 2010.  The meeting was called to order at 7:04 p.m. at the ALA Hall.  The Open Meeting Laws were displayed.  On roll call: T. McClane, Chipman, Kahland and Brown present. J. McClane absent.

Minutes of October 13th Board Meeting were reviewed.  Kahland motioned to approve minutes with a change to the adjourn time, from 8:39 to 9:39.  2nd by Chipman.  By roll, Trustee votes are as follows: T. McClane – Aye, Chipman – Aye, Kahland – Aye, Brown- Aye.  Motion approved.
Claims and Accounts were presented.  Noted accounts were discussed for payment.  Brown made a motion to approve payment of listed accounts. 2nd by Kahland.  By roll, Trustee votes are as follows: T. McClane – Aye, Chipman – Aye, Kahland – Aye, Brown -Aye.   Motion approved.

NPPD           FIREBARN*  $       75.65 
BALLFIELD**  $       51.88  
WATER PUMP  $     321.83  
FIREBARN (TOWN BLDG)  $       17.89  
TOWER  (WATER)  $       17.89 
TRAFFIC LIGHT  $       17.89 
AREA LIGHT RENTAL  $         9.21  
STREETLIGHTS  $     435.52  
SEWER PUMP  $       58.91  
ALA HALL  $       29.83 
WINDSTREAM  OFFICE  $       57.55 
WINDSTREAM  FIRE  $       88.45 
MELISSA HANSEN   $      600.27   OCT SALARY 
ALLIED RECYCLING  $    1231.55   Monthly Trash Service  
LOAN  $      265.64   RESCUE SQUAD 
LOAN  $      618.44   STREET/SEWER   
STEVE HEYEN  $    1141.46   OCT PAY 
JOHNSON’S GAS N GO  $      392.56  MOWER,TRUCK/31.56 & UVFR/61.00 
US TREASURY   $      800.00   IRS PAYMENT 
EMP  $        58.44  RESCUE SUPPLIES 
MURRAY REPAIR  $      222.47  SQUADSPKR/92.37 & LT CK/130.10 
EMS BIILLING  $        75.05  Rescue Billing service 
NPHEL  $        98.00  WATER TESTS 



The village received information on ordinance coding from the Municipal Code Service.

Senator Nelson’s office sent information on the Recovery Act impact in Nebraska.  School District benefits can be viewed online at NDEQ Financial Assistance Section sent survey requesting information about community needs for Clean Water, wastewater projects.


The Nebraska Clerk’s Institute sent information on the curriculum for 2011’s Institute and Academy.

NDEQ is accepting applications for scrap tire projects.

The Clerk’s Report: 

The IRS has accepted our installment agreement.

The lawsuit vs. McWha is pending litigation.

The village has not received word on our budget.  The clerk is gathering documents to submit to Ortmeier so he can file our audit waiver request.

The Village Maintenance report: was given by Heyen.  Heyen went to water operator training to obtain a class IV license.  He is waiting for his test to be graded.
DHHS requested the village complete an extensive checklist on our water supply with the frequent presence of coliform in our monthly tests.  During the inspection Heyen noted a lot of foxtail growing up along the fence line near our well house.

The village pumped 805,000  gallons of water in the month of October at a rate of 40 gallons per hour.  The pump ran for 342 hours.  The lift station ran at a rate of 4.2 hours per day. 

Heyen cleared the floats in the lagoon and replaced the brakes on the town truck.  He will put the plow blade on soon.  While cleaning and organizing the village storage buildings, Heyen located boxes of old records in bad shape.  The clerk will schedule time to look over the documents to determine their need for retention.

The concession stand and restrooms have been winterized.  Heyen requested to purchase RV antifreeze to add to the park restrooms.  Heyen also needs 2 rolls of heat tape to keep the pipes at the old well house from freezing over the winter.

Fire and Rescue reported 1 Rescue and 1 Fire call since last meeting.  All sirens are in working order.  EMT paperwork for Brett not completed yet.

Ms. Stewart briefed that new reflective gear has been ordered for the squad.  She also requested that we help the squad purchase used jaws-of-life equipment.  The village would be responsible to pay $3000 of the $12,000 cost.  The clerk commented that those kind of expenses are not included in the village’s budget for Fire and Rescue support.  The board asked for more information on the long lasting agreement that requires the village share 1/3 of the financial responsibility for the Volunteer Fire Dept. with the department and the Union Rural Board, and ½ of the financial responsibility for the Rescue Squad with the Union Rural Board.  Besheinen stated that the agreement was established by word of mouth years ago.

If the Volunteer Fire and Rescue Dept is “owned” by the village, financial accounting needs to be presented at each meeting.  The village is unsure of where the accounts actually are.  Ms. Stewart stated that their account is with Murray Bank.   Chipman stated that usually a municipality sets aside a portion of levied taxes to support their fire department.  The clerk stated that the village isn’t financially healthy enough to cover unplanned large purchases.  Those types of purchases need to be budgeted.  Ms. Knapp shared that she feels jaws-of-life equipment is a need for the squad because Nehawka’s equipment is in disrepair.  She asked if the village can’t help with the purchase, how they were supposed to finance their need.  The possibility of grant funding was brought up.
Chipman motioned to table the jaws-of-life financing decision until more information can be obtained.  2nd by Kahland.  By roll, Trustee votes are as follows: T. McClane – Nay, Chipman – Aye, Kahland – Aye, Brown -Aye.   Motion approved.

The board concluded that they need to establish a policy outlining the relationship and responsibilities between the village and the Volunteer Fire and Rescue Organization.

Cass County Emergency Management Agency is organizing an EMT course at their office on 15 consecutive Saturdays.  The course will cost $510, including books and $330 of the tuition will be returned once the applicant is certified.  Ms. Knapp requested to attend the training.  Chipman motioned to pay for Ms. Knapp to take CCEMA’s EMT course. 2nd by Brown.  By roll, Trustee votes are as follows: T. McClane – Aye, Chipman – Aye, Kahland – Aye, Brown -Aye.   Motion approved.

Deb Vidlak was present to give the Union United report.  The Spirits of Union event held on Oct. 30th was a success.  The group sold 76 tickets for the hayrack ride.  The children had fun and were able to see some local sites of interest.  Concessions were provided for a free will donation.  $200 was collected to defray the cost of the event.  Union United is planning on organizing the event again next year.

Vidlak reported that the organization is wrapping up their candle fundraiser November 15th.  She also reported that everyone seems to be pleased with the park plans.  The chairman encouraged the group to make sure the gazebo is in compliance with the floodplain regulations.
Old Business

October coliform tests were positive.  Somehow, vegetation or insects are penetrating the wells.  Heyen assured everything is tight.  The only thing noted was foxtail in the area.  During his class Heyen asked the instructor about chlorination in our situation.  The instructor thinks that chlorine will just hide the problem, not fix it.  Our DHHS representative recommends chlorination.  If needed, Rural Water has equipment we can borrow.  Heyen’s instructor recommends bleeding the fire hydrants and allowing the water tower to overflow occasionally.

The Park Board turned over $363.53 in cash receipts from Union Daze and their Halloween event from 2009.  The clerk deposited the cash in the general fund earmarked for future playground equipment.

The board discussed the recurring problem with utility account delinquencies.  Chipman proposed that any accounts with a balance over $250 come April 1, 2011 will have their water shut off under the authority of article 3, subsection 301 of the village’s ordinances.
He proposes a change to the reconnect fee from $40 to $500 due to the cost of locating curb stops in the village.  This item will be put on the agenda for December.

The village received a grant in the amount of $500 for West Nile prevention.  The village spent $193 transporting 2 loads of old tires collected during Union’s clean up event.  Chipman motioned to give Heyen the authority to purchase $307 worth of insect control equipment to spend the remaining grant funds.  2nd by Brown.  By roll, Trustee votes are as follows: T. McClane – Aye, Chipman – Aye, Kahland – Aye, Brown -Aye.   Motion approved.

New Business

The Board adopted the new floodplain ordinance in accordance with Code 44 of Federal Regulation.  Brown motioned to waive the three readings.  2nd by Chipman.  By roll, Trustee votes are as follows: T. McClane – Aye, Chipman – Aye, Kahland – Aye, Brown- Aye.   Motion approved.  Chipman motioned to approve Federal Regulation 60.3 (d) and to include it in Section 11 of the village’s ordinances.  2nd by Brown.  By roll, Trustee votes are as follows: T. McClane – Aye, Chipman – Aye, Kahland – Aye, Brown- Aye.   Motion approved.

The village has filed 3 claims against Error and Omissions policies, one through EMC Ins., another through United Fire Insurance and the last through Continental Western.  The first two companies denied our claim because it was not filed within 60 days of policy expiration.  Our Continental Western coverage had a five year rider policy, but denied our claim because they found the actions of the clerk to be intentional and not covered under error and omissions.  The village’s next step is to file a claim against the Fidelity Bond through Union Insurance, carried since 2004, that insured McWha as a public official against dishonesty.  This bond also includes a performance clause.  Union Insurance is owned by Continental Western.  Chipman requested permission to file the next claim.  Brown motioned to allow Chipman to prepare and file a claim against the village’s fidelity bond through Union Ins. on the village’s behalf.  2nd by Kahland.  By roll, Trustee votes are as follows: T. McClane – Aye, Chipman – Aye, Kahland – Aye, Brown- Aye.   Motion approved.

The village received Mr. Taladay’s resignation as Street Superintendent.  In the past, the village has contracted Mr. Taladay as the Street Superintendent through SENDD.  The clerk has called NDOR and asked how to satisfy the state requirement.  In order for the village to receive the state highway incentive of $300 per year, it has to have a certified engineer to supervise street activities.  Without the certification, the village will no longer receive this incentive but, there are no regulations requiring the village s to have a certified engineer as Street Superintendent.  The village has received correspondence from Olsson Associates offering to contract with Union for the Street Superintendent vacancy.  Nehawka contracts through JEO, which doesn’t seem to be an option for Union.  The clerk will contact Olsson Associates to find out the contract fee and look into other options.

The board discussed Aflac policy administration.  The board never agreed to administer the policies that some of the officials and Fire and Rescue signed up for.  The policies were grouped under the village because, it is considered a corporation and qualified for large discounts.  It was assumed that the clerk would administrate the program.  The clerk objected to administering a program using the village’s general fund that was never approved of by the board.  The board asked the clerk if she would be willing to volunteer to administer the policy without the use of the village’s account to cover the premiums.  The clerk would not agree to administer the program if the board didn’t make it part of her job.  All premiums need to be remitted to Aflac from each policy holder’s personal account.  The clerk questioned whether or not the policyholders would qualify for the discount.  No one volunteered to collect the premiums and remit them to Aflac on a monthly basis. 

The 4H requested to use the firehouse to meet, and the pavilion to hold an event, on November 12th .  They requested a rescheduling date of the 15th if the weather is bad.  Chipman motioned to approve the 4H’s request to use the firehouse and pavilion for their event.  2nd by Brown.  By roll, Trustee votes are as follows: T. McClane – Aye, Chipman – Aye, Kahland – Aye, Brown- Aye.   Motion approved.

Chipman motioned to adjourn at 9:00 pm.  2nd by Kahland.  By roll, Trustee votes are as follows: T. McClane – Aye, Chipman – Aye, Kahland – Aye, Brown- Aye.   Motion approved.

The next regular meeting is scheduled for December 8, 2010.


Terry McClane