JULY 13, 2011

The Union Village Board met in regular session on July 13, 2011.  The meeting was called to order at 7:01p.m., at the ALA Hall.  The Open Meeting Laws were displayed for public reference.  On roll call: Hardbarger, Jr.,Vidlak, Chipman, Brown and Keene. 

Minutes of the June 8, 2011 Board Meeting were reviewed. Chipman motioned to approve the June 8, 2011 Meeting Minutes.  2nd by Brown.  By roll, Trustee votes are as follows: Hardbarger, Jr.,-Aye, Vidlak-Aye, Chipman-Aye, Brown – Aye and Keene – Aye.  Motion approved.

Claims and Accounts were presented.  Chipman motioned to approve July Claims and Accounts.  2nd by Vidlak.  By roll, Trustee votes are as follows: Hardbarger, Jr.,-Aye, Vidlak-Aye,  Chipman-Aye, Brown – Aye and Keene – Aye.  Motion approved.

JULY 2011
NPPD           FIREBARN*  $       90.89 
BALLFIELD**  $       52.93  
WATER PUMP  $     347.45  
FIREBARN (TOWN BLDG)  $       20.00  
TOWER  (WATER)  $       20.00 
TRAFFIC LIGHT  $       20.00 
AREA LIGHT RENTAL  $       12.24  
STREETLIGHTS  $     539.43  
SEWER PUMP  $       91.21  
ALA HALL  $       55.81 
WINDSTREAM  OFFICE  $       63.10 
WINDSTREAM  FIRE  $       87.53 
MELISSA HANSEN   $     664.22    JUN PAY 
LOAN  $      265.64   RESCUE SQUAD 
LOAN  $      618.44   STREET/SEWER   
STEVE HEYEN  $    1188.77   JUN PAY 
JOHNSON’S GAS N GO  $      344.14   VILLAGE/RESCUE 42.55 
US TREASURY   $    9360.16   IRS PAYOFF 
NPHEL  $       260.50  WATER TESTS 
UVFR  $        64.34    RADIO REPAIR 

Correspondence:  The clerk reported receiving notification from DHHS of revisions, along with the revision, to Publication 179 NAC to Chapter 10: Licensure of Water Operators.  They also stated in their letter that the water operator reimbursement grant has been terminated.

The clerk received notice of a public hearing for the Cass County Planning Commission to discuss the Agritourism Overlay District Ammendment.

NPPD sent notification of their proposed rate increases.

SENDD sent their organizational summary.

The Board requested to move the Old Business Agenda item up to allow the attending waste removal contractors to discuss their bids. 

Jess Dopke, the representative from our current contractors, Papillion Sanitation, proposed monthly fees for weekly residential service at $16.75 and $15.50 for seniors.  This would be a five year contract that could increase each year based on the Consumer Price Index (CPI), which she explained, is the indicator for cost of living increases.  Allied Recycling and Refuse will bill each customer individually on a quarterly basis, and would terminate service after 60 days of non-payment.  Allied will provide to the Village, a 30 yard dumpster, up to three times each year for Village cleanup at landfill costs only.  All correspondence from the Village would go directly through her.  She requested, upon contract acceptance, that the Village send out letters to the customers, advising them of the new rates and changes to their service.

Palmer and Sons presented their rates as $17.50 and $15.50 for seniors each month for weekly trash pickup.  Surcharges for diesel, if costs rise above $3.50 per gallon, will be added at a rate of 3% per billing cycle.  These prices will be locked in for the full five-year contract.  They would also provide to the Village, a 25 yard roll off dumpster, two times a year for Village cleanup, for landfill costs only.  They also have an optional recycling service that will process glass, metal and plastics for and extra $7.50 per month.

Amercian Recyling presented their rates at $18.75 and $16.75 for seniors for weekly trash service per month.  This would be a three year contract with no price increase.

This item has been tabled until next regular Board meeting, when a decision will be made.

The Clerk’s Report: The Nebraska Department of Revenue sent a request for delinquent Sales Tax Reports to be filed for April, May, July, August, September, November and December of 2008, and January through August of 2009. The Department is working with the clerk on a settlement. They may be willing to waive the penalties, and possibly a portion of the interest owed.  The clerk has completed and sent out the tax reports for 2008.  So far, the tax principal owed is $621.60. The 2009 reports will be completed and filed within the next week, an estimated $800. The State has the authority to add 8% interest for all late taxes.

All work has been completed for FEMA Disaster 1878.  The final paperwork is being prepared and should be sent to the Nebraska Emergency Management Agency by the end of the week.

The Village Maintenance report: was given by Heyen.

The village pumped 1,297,000 gallons of water. Lift station ran for 8.2 hours.
Heyen cleared the lift station float.  A new sample site map was sent to DHHS as requested.
Heyen fixed a hydrant leak at Highway 34 and Union Drive.
John’s Tractor apologized for the work delay on the Montana, parts had to be ordered from South Korea.  The Montana has been delivered and is up an running.
Chlorine levels in the water system have been at .35 part per million.  Heyen raised the levels to 1.3 parts per million at DHHS’s request, and has been authorized to go as high as 2.0 ppm.

Digger’s Hotline sent an emergency request to locate by the rail road so they can build a trench.

Residents have reported a low limb hanging on B St.  Chairman directed Heyen to trim it back the next chance he gets.

Fire and Rescue reported by Bill Bescheinen; 2 Rescues with Fire Department present.  Louise sent with him, a letter of thanks from the Fire and Rescue, and donations amounting to $431.00 from the Leitha McClane Memorial to be deposited in the Village Rescue Fund.  The Union Volunteer Fire and Rescue department also sent a $50.00 donation for the Leitha McClane Memorial to be added to the Village Rescue Fund.

The Annual July 4th Pancake Feed has been postponed due to the evacuations at Lake Waconda.  The Department is hoping to hold it in conjunction with Union Daze, and prior to the raffle drawing on Labor Day.

Union United Inc. reported that the first set of trees, a total of 18, have been planted in the park.
The rest will be planted in the fall so the monies will all be dispersed prior to November in accordance with the grant requirement.

Volunteers planted pie pumpkins, gourds and sunflowers by the lift station for the Community Garden Program sponsored by United Methodist Church and the USDA.  Union United is hoping to have pumpkins for pies and decorations for their Spirits of Union Celebration to be held in October.

On July 17th the group will hold a Car and Dog Wash at the firehouse to raise funds for the feral cat neutering program and Union Daze funding.

A meeting will be held July 14th to determine the dates for Union Daze.
Union Daze ’09 raised about $362.00 that was earmarked for park improvements.  Union United was wondering if the Village would be willing to use that money to grind stumps out of the park area.  Chairman asked that this item be added to next month’s agenda.

The Fireworks in the Park raised $75.00.  Thanks go out to the Fire and Rescue volunteers that made the event safe.

Water Meter Committee Report

The committee met in late June with Harold Reynolds from MAP to prepare the information the Board requested.  The committee decided on rates, after the Sensus iPearl touch read meters are installed, to be  a base rate of $20 per month per customer and $1.50 per every 1000 gallons used.  Wastewater rates should be set at a base rate of $29.00 per customer amd, using metered water totals, and additional $1.00 per every 1000 gallons used.  Depending on how long it will take to plan, prepare, install and fund the project, the Board should consider increasing the flat rates for water to $31.82 and $37.40 for sewer to keep the budget in the black until next spring.

Estimated costs have been determined to increase to $25,000 due to the need to remove pits and replace them with new, broken down as follows: Materials- $12,400, Contract Labor-$6,200, Workforce Labor-$6,400.

The committee was unable to complete an actual cost analysis because around 1/3 of the residents have not completed and returned their surveys and the vendor has not completed a formal proposal for material cost.

Financing is being looked into with the Community Resource Group, an affiliate with MAP.

Trustee Chipman has requested to add a proposed ordinance to increase utility rates to the agenda next month.  The extra revenue will reduce the amount of funding the Village will need borrow to complete the meter installation project.


Chipman commented that nothing has been done on any of Bescheinen’s properties that were declared nuisances in April.  Bescheinen argued that he has sprayed weeds and thistles on Rock St. and has hauled off many items.

Chipman shared his remorse, but stated that not enough progress has been made in the 90 days the Board has given Bescheinen to show his intent to comply, and that the time has come to move on with these nuisance issues.

Bescheinen stated that he is working as hard as he can to clean up his properties.  The machines he needs to accomplish these tasks are not working properly.  His bulldozer has broken down on Village property and only he can fix it.  The parts are expensive.  He said a new store front will be put in the Bescheinen Earthmoving building by fall.

Chipman stated that Bescheinen has not been paying taxes on the Feed Store or the Laundromat and that he considers them to be abandoned buildings.  He stated that if he felt confident that these nuisances would be taken care of, he wouldn’t be pushing these issues so much.

Bescheinen retorted that he is not the only one with junk buildings in the Village and Chipman replied that the Board had to start somewhere.  Chipman also commented that Bescheinen’s issues have been going on for years.  Brown agreed that the Board has no other choice.

Keene stated that the fact that Bescheinen has nine properties to correct in accordance with resolutions passed only five months ago, makes it difficult for him to vote in favor of assessing the fines the Board is proposing.

Chipman motioned to adopt Resolution 2011-12, assessing a $10 fine, each day, for each of the nine properties in violation, until the nuisances are abated.  2nd by Brown.  By roll, Trustee votes are as follows: Hardbarger, Jr.,-Aye, Vidlak-Aye,  Chipman-Aye, Brown – Aye and Keene – Nay.  Motion approved.

Chipman motioned to file a lawsuit against William J. Bescheinen seeking all available remedies regarding public nuisances being maintained in Union pursuant to resolutions 2011-2 through 2011-10, collecting fines for his failure to timely abate nuisances in same resolutions, and for trespass on Village property located at 127 West Main Street.

Chipman informed the Board that Bescheinen has requested multiple, six-month extensions to work on his properties that have been complained about over the past 10 years. The Cass County Building Inspector said that the situation has been getting progressively worse.

Chipman commented that filing a lawsuit right away is more fair to Bescheinen than letting the fines pile up for years.

The Board has been sitting on this issue for years.  Chipman stated that according to the Village Minutes, Bescheinen’s equipment, which is on Village property, was addressed in 2007.  The same issue was visited again in 2009 and 2010, and the equipment still hasn’t been removed.

Mrs. Vidlak commented that there is a discrepancy with what the Board considers progress and what Bescheinen considers progress.  Chipman explained that the lawsuit will let Cass County define what “progress” is.

The motion is 2nd by Vidlak.  By roll, Trustee votes are as follows: Hardbarger, Jr.,-Aye, Vidlak-Aye,  Chipman-Aye, Brown – Aye and Keene – Nay.  Motion approved.

Chipman motioned to approve the payoff of back payroll taxes, interest and penalties. 2nd by Keene.  By roll, Trustee votes are as follows: Hardbarger, Jr.,-Aye, Vidlak-Aye,  Chipman-Aye, Brown – Aye and Keene – Aye.  Motion approved.

The International Fight Club proposal has been tabled.  The IFC has a policy to move forward with new club programs within 45 days, and will not be able to do so, with Union, at the present.

Chipman motioned to allow for the Sewer Reserves to be placed in Certificates of Deposit and managed by the Village Clerk and Trustee Brown.  2nd by Vidlak.  By roll, Trustee votes are as follows: Hardbarger, Jr.,-Aye, Vidlak-Aye, Chipman-Aye, Brown – Aye and Keene – Aye.  Motion approved.

Brown motioned to adjourn at 9:12pm.  2nd by Chipman.  By roll, Trustee votes are as follows: Hardbarger, Jr.,-Aye, Vidlak-Aye, and Chipman-Aye, Brown – Aye and Keene – Aye.  Motion approved.

The next regular meeting is scheduled for Aug. 9, 2011, 7pm at the ALA Hall.  The Meeting Notice and Agenda will be posted for the public at The Village Office, The Union Branch of the Nehawka Bank, and the Union Post Office.

Dwain Hardbarger, Jr.

These minutes have been prepared by the village clerk and are certified to be true and accurate.