Village of Brainard Board of Trustees
- Joel Vrbka, Chairman of the Board
- Jeff Karber, Board of Trustee
- Randy Robeson, Board of Trustee
- Tom Pesek, Board of Trustee
- Steve Hummel, Board of Trustee
The Village Board of Trustees meet on the third Monday of every month at 7:00 p.m. at City Hall located at 111 East Washington Street Brainard, NE. If you have a specific topic item you would like the Village of Brainard Board of Trustees to discuss, submit a Request for Future Agenda Items.
Village of Brainard Staff
Cory Burtman, Utilities Superintendent, 402-803-9218
Carla Sander, Village Treasurer, 402-545-2701
Yolanda Bailey, Village Clerk, 402-545-2701
The Village of Brainard
Board of Trustees Board Meeting Minutes
October 21, 2024
The Board of Trustees of the Village of Brainard held a regular meeting on October 21, 2024 at 7:17 P.M. at City Hall. The meeting notice and agenda were posted at three public places: City Hall, the Community Bulletin Board, and the Brainard Post Office. The agenda is kept current at the City Clerk’s Office and available for public inspection. This method is designated by the public body.
Chair Vrbka called the meeting to order.
Roll Call: present: Joel Vrbka, Steve Hummel, Jeff Karber, Tom Pesek, and Randy Robeson.
Staff Present: Clerk Bailey, Treasurer Sander, and Maintenance Supervisor Burtman.
Guests included: Brian Foral, Elaine Fortik, Peter & Amber Fencl, Kirstin & Jett Bailey, Valerie Vandenberg, Mike and Tasha Eldridge, Kent Rezac, and Pam Butterfield.
Public Comments:
Business:
- 4. Business:
- a. Discuss Pool Upgrade project with Kirstin Bailey and Valerie Vandenberg, and FFA project with Jett Bailey.
- Ms. Bailey hands out a spreadsheet that outlays the 3 year plan for the fundraising on the pool upgrade. She explains some grants can be applied for over multiple years, some grants have matching fund needs and some don’t. It can get complicated, so this chart also details max funding, funding focus, and application due date. In looking at the pool committee, Valerie Vandenberg is good at the public/private foundation grants, and Kirstin is better at the State/Federal level. They have also prepared a bar-chart that details how much funding sources will be coming from federal grants, state grants, private foundations, local business partnerships, and personal donations. Valerie explains the pool committee has been talking to some engineering firms, because you need plans in order to apply for the larger federal grants. They want the Board to know how serious they are about this project, and that there is good potential to raise most of the money for the project from grants. There are a couple of barriers to getting started: one is time – as the grant cycles require some materials to be prepared ahead of time, like the engineering plans. Another barrier has been getting the UEI number from Sam.gov. These things are getting actively worked on. There will be fundraisers for the matching grant money that will be needed. The pool committee is planning on putting together a pamphlet for the public. The whole project will take time, as the construction will not be done until the funds are raised, and need to be done when the pool is closed for the season. Best-case scenario: we have a brand new pool in 5 years. It was decided that the pool inspector should be notified of the plan to upgrade, and that we make sure the current maintenance issues with the pool are still going to be addressed throughout the process.
- Jett Bailey: FFA Project
- Jett Bailey is coming to the Board because he would like to put up a Farm Stand on Fox Run Farms – between the Fox Run Farms sign and the garage. It is going to be approx. 4 feet by 8 feet, and 8 feet tall. He hands out some sample designs to the Board. Jett explains there will be shelf-stable products like honey, apples, vegetables, firewood, pumpkins, and even bubbles. They are planning on having electricity for lights, but no coolers. It will be self-service, with a cash box in there. Discussion on what he needs for a building permit. The board explains to Jett the details they will need from him; like measurements and placement on the property – observing setback rules, etc. It was decided to review the Ordinance book to decide on the details of what is permitted. It should be placed on skids. It will have to be classified according to the Village rules and regulations.
- b. Discuss, and possibly approve 2 permits; one sign (Brainard Bar), and one fence.
Motion made by Trustee Hummel to approve the fence permit at 420 W Adams, seconded by Trustee Pesek.
Voting aye: Hummel, Pesek, Robeson, Karber, and Vrbka.
Voting nay: none
The motion carried.
Discussion on the Sign Permit for the Brainard Bar, and how we now have a survey that shows the measurements of the sign relative to the street, so there is enough info to approve.
Motion made by Trustee Robeson to approve the Sign Permit for Brainard Bar, seconded by Trustee Karber.
Voting aye: Robeson, Karber, Pesek, Hummel, and Vrbka.
Voting nay: none
The motion carried.
The Brainard Bar owners are wanting to put up a windbreak by the door of the Bar for the winter. Discussion follows on what that would entail. It was decided that Jeff Ray, a zoning administrator from JEO, will have to be consulted-to make sure the windbreak doesn’t impede the street-view for traffic. The clerk will check it out with JEO and get back to the Bar owners with what is required.
- c. Discuss School Drainage Project – and cost-sharing JEO’s engineering estimate for the project w/East Butler.
- Trustee Vrbka reports the East Butler School Board had a meeting on October 9, where they moved to go forward with Option 3B from JEO, and split the cost with the Village. This is the option that includes the whole block, from Lowell to Adams Street. As part of the project, they would like to add removing the trees. The Village would like to see some ornamental smaller trees be planted in their places. The JEO estimate of the project bid is $107,530–not including removing the trees, or the engineering fees (which could be 20%).
Motion made by Trustee Robeson to request engineering services from JEO for the East Butler Drainage Project, specifically option 3B, with these additional costs: tree removal; attorney and engineering fees, and further provided: if the overall project is ultimately not approved, the Village and the school will split all engineering and attorney costs already incurred; seconded by Trustee Hummel.
Voting aye: Robeson, Hummel, Karber, Pesek, and Vrbka.
Voting nay: none
The motion carried.
- d. Consider ORD 316, confirming sale of 123 N. Madison, and Quit Claim Deed for same.
Motion made by Trustee Hummel to introduce and read Ordinance 316: confirming the sale of 123 N. Madison, seconded by Trustee Karber.
Voting aye: Hummel, Karber, Robeson, Pesek, and Vrbka.
Voting nay: none
The motion carried.
ORDINANCE NO. 316
AN ORDINANCE OF THE VILLAGE OF BRAINARD, BUTLER COUNTY, NEBRASKA, TO CONFIRM THE SALE OF THE FOLLOWING DESCRIBED REAL PROPERTY, TO WIT:
Lots 1 and 6, Block 3, 1st Replat being a replat of Lots 22, 23, and 24, Block 3, Original Town of Brainard, Butler County, Nebraska;
TO PROVIDE THAT THE CHAIR AND THE APPROPRIATE DEPARTMENT, WHETHER ONE OR MORE, OF THE VILLAGE OF BRAINARD, NEBRASKA, ARE AUTHORIZED AND DIRECTED TO IMPLEMENT THIS ORDINANCE; TO PROVIDE FOR THE SEVERABILITY OF ANY SECTION, CLAUSE, PROVISION OR PORTION FOUND UNCONSTITUTIONAL OR INVALID; TO REPEAL ALL ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE THAT THIS ORDINANCE SHALL BE PUBLISHED WITHIN THE FIRST FIFTEEN DAYS AFTER ITS PASSAGE AND APPROVAL EITHER IN PAMPHLET FORM OR BY POSTING IN THREE PUBLIC PLACES IN THE VILLAGE OF BRAINARD, NEBRASKA AND SHALL BE IN FULL FORCE AND TAKE EFFECTIVE FROM AND AFTER ITS PASSAGE AND APPROVAL, AS PROVIDED BY LAW; AND TO PROVIDE THAT THE PROVISIONS OF THIS ORDINANCE SHALL NOT BECOME AND BE MADE A PART OF THE MUNICIPAL CODE OF THE VILLAGE OF BRAINARD, NEBRASKA.
WHEREAS, the Village of Brainard, Nebraska, did pursuant to Resolution No. 2024 – 06 authorize the sale of fee simple title in the following described real property, to wit:
Lots 1 and 6, Block 3, 1st Replat being a replat of Lots 22, 23, and 24, Block 3, Original Town of Brainard, Butler County, Nebraska,
to 1979 HSKR Bar II Property, LLC for the consideration of $3,000.00, and other terms and conditions as contained within Resolution No. 2024-06, and,
WHEREAS, Notice of Conveyance of Real Property was posted in three (3) public places in the Village of Brainard, Nebraska, immediately after the passage of said Resolution and not later than seven (7) days prior to the conveyance of said real property, as evidenced by the Certificate of Posting of the Village Clerk,
NOW, THEREFORE, BE IT ORDAINED BY THE CHAIR AND BOARD OF TRUSTEES OF THE VILLAGE OF BRAINARD, NEBRASKA, AS FOLLOWS:
1. That the findings hereinabove made should be and are hereby made a part of this Ordinance as if fully set forth herein.
2. That the Village of Brainard, Nebraska, shall convey, fee simple title, via quit claim deed, the following described real property, to wit:
Lots 1 and 6, Block 3, 1st Replat being a replat of Lots 22, 23, and 24, Block 3, Original Town of Brainard, Butler County, Nebraska,
to 1979 HSKR Bar II Property, LLC, for consideration of $3,000.00, and other terms and conditions as contained within Resolution No. 2024- 06.
3. That Joel Vrbka, Chair of the Board of Trustees of the Village of Brainard, Nebraska, and Yolanda Bailey, Clerk of the Village of Brainard, Nebraska, are hereby authorized and directed to take all actions and execute all documents to effectuate the above transaction on behalf of the Village of Brainard, Nebraska
5. That should any section, paragraph, sentence or word of this Ordinance hereby adopted be declared for any reason be invalid, it is the intent of Chair and Board of Trustees of the Village of Brainard, Nebraska, that it would have passed all other portions of this Ordinance independent of the elimination herefrom of any such portion as may be declared invalid.
6. That all ordinances or parts of ordinances passed and approved prior to the passage, approval, and publication of this Ordinance and in conflict herewith, are hereby repealed.
7. That this Ordinance shall be published within the first fifteen (15) days after its passage
and approval either in pamphlet form or by posting in three (3) public places within the Village of Brainard, Nebraska, and shall be effective on the fifteenth (15th) day from and after its passage and approval as provided by law.
8. That this Ordinance shall not be made a part of the Municipal Code of the Village of Brainard, Nebraska.
Motion made by Trustee Robeson to accept the 1st reading of Ordinance #316, seconded by Trustee Pesek.
Voting aye: Robeson, Pesek, Karber, Hummel, and Vrbka.
Voting nay: none
The motion carried.
Motion made by Trustee Karber to adopt Ordinance 316, waiving the 2nd and 3rd readings, seconded by Trustee Hummel.
Voting aye: Karber, Hummel, Robeson, Pesek, and Vrbka.
Voting nay: none
The motion carried.
Motion made by Trustee Robeson to accept the Quit Claim Deed and approve signing, seconded by Trustee Hummel.
Voting aye: Robeson, Hummel, Karber, Pesek, and Vrbka.
Voting nay: none
The motion carried.
- e. Discuss potential land for multiple housing lots or subdivision, and draft letter to list of property owners.
- Discussion on the need for new housing and the possible letter going out to property owners regarding same. Treasurer Carla drafted a letter that could be sent out. Trustee Pesek mentions that the tone of the letter implies the Village would be interested in purchasing the lots, and he is not sure that is the case. He believes the Village can act more like the middle-man, putting people who are interested in selling together with people that are interested in buying. The previous plan was: the Board and the Planning Commission could get a list of addresses within the Village together and give them to City Hall, so a letter could be sent out. It was decided the letter could be tweaked some, and we could have a final draft ready for the next meeting.
- f. Consider NEMA application for new siren. There was discussion on the Hazard Mitigation Plan, and how the Fire Hall is an official shelter for the Village, but does not have a backup generator. The Board is wondering if this can be added to the NEMA application for the Siren.
- It was decided to have the Clerk notify NEMA that we would like to move forward with the application, and also to inquire if a generator can be added to that.
- g. Consider Personnel Handbook changes to vacation and workman’s comp. policies.
- Discussion on the proposed changes to the Personnel Manual: the carryover amounts of Vacation and Banking hours; language regarding anniversary dates; and accumulated time – noted in hours vs. days; and new Workman’s Comp procedure. It was decided to revisit this next month.
- h. Consider potential Ordinance or fee for a Special Meeting Request by a resident.
- Item suspended until next meeting.
- i. Consider potential Ordinance or fee for new meter reading system from Tantalus – $1.00 per meter, per month.
- Discussion on how we will add this fee to the resident’s bill. There are two options: we could change the “facility fee” on the Utilities Ordinance, or add a line-item to the current bill in Power Manager. There are approx. 220 users in town, and this fee would add $6,000 a year to the Village annual expenditures. The fee will not take effect until the new system is installed, which will be one to two months from now. It was decided to add this fee to the Utilities Ordinance, and to have it ready to pass when the fee takes effect. Further discussion on how our water rates are very reasonable. Trustee Pesek thinks we should look into water conservation more.
- j. Discuss water issue on intersection of Cecelia and Lincoln Sts.
- Investigating the situation at this location, there was a leak in the pipe coming out of the meter, and also in the meter, where Cory has been working. Turns out it is a 1” meter with bushings, so we did not have a meter to replace it with. Chairman Vrbka had Cory put the leaking meter back. They are investigating where the other meter that should be there is located. They are going to order the bushings and come back with a one inch meter, and splice a piece of pipe to fix that part. It was decided to install a meter to capture what is being used at that shed, and the residence that does not have a meter. Maintenance person Cory reports that the resident associated there is saying their water pressure is down to nothing. It is hoped that fixing the situation and adding a meter would help the water pressure. Discussion on accounts – and it was decided to put the meter on 2044 CR #30 account. Then there will be two houses being fed by one meter and the residents will have to figure it out from there. The Board Utility committee should talk to the resident at 2044 CR #30. Discussion on the water flow issues with these lines, and how to investigate this issue. The Village responsibility lies from the main water line to the Meter Pit, and the residents’ responsibility is from the pit to the house – a length of hundreds of feet which goes under the railroad tracks.
- k. Discuss hiring a part-time Maintenance position.
- It was decided that Maintenance Supervisor Burtman could use more help on a regular basis. We are waiting on the current Maintenance Position #2 employee to make a decision on whether they can be available at least 20 hours per week year-round, and they are considering it. If not, we will need to run an ad for the position. In the meantime, it was decided to look up the job description.
l. Second reading of Ordinance #314 – setting Board Trustees’ wages. ORDINANCE NO. 314
AN ORDINANCE OF THE VILLAGE OF BRAINARD, BUTLER COUNTY, NEBRASKA, TO PROVIDE FOR THE COMPENSATION OF THE ELECTED OFFICIALS AND ESTABLISH AN EFFECTIVE DATE; TO PROVIDE DEFINITIONS; TO PROVIDE FOR THE SEVERABILITY OF ANY SECTION, CLAUSE, PROVISION OR PORTION FOUND UNCONSTITUTIONAL OR INVALID; TO REPEAL ALL ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE THAT THIS ORDINANCE SHALL BE PUBLISHED EITHER IN PAMPHLET FORM OR BY POSTING; AND TO PROVIDE THAT THIS ORDINANCE SHALL NOT BE MADE A PART OF THE MUNICIPAL CODE OF THE VILLAGE OF BRAINARD, NEBRASKA.
WHEREAS, the Village Board of Trustees shall set any compensation of the Village Board by ordinance and prior to the term of the Board of Trustees
NOW, THEREFORE, BE IT ORDAINED BY BOARD OF TRUSTEES OF THE VILLAGE OF BRAINARD, NEBRASKA, as follows:
Section 1. That the findings here and above should be, and they are hereby made a part of this Ordinance, as fully as if set out at length herein.
Section 2. That the following shall be the wages and salaries for the specified officers, appointees, and employees of the Village of Brainard, Nebraska, to wit:
| POSITION | COMPENSATION |
| Village Board Member Village Board Chair | $ 50 per month $ 100 per month |
| Effective Date | $20 per meeting attended by each Board Member /Chair December 2, 2024 |
Motion made by Trustee Pesek to approve the 2nd reading of said-ordinance, seconded by Trustee Karber.
Voting aye: Pesek, Karber, Hummel, Robeson, and Vrbka.
Voting nay: none
The motion carried.
Motion made by Trustee Robeson to waive the 3rd reading and adopt Ordinance 316, seconded by Trustee Hummel.
Voting aye: Robeson, Hummel, Karber, Pesek, and Vrbka.
Voting nay: none
The motion carried.
- m. Consider Bank Depository Resolution #2024-07
Motion made by Trustee Robeson to approve Resolution #2024-07, naming depository banks, seconded by Trustee Hummel.
Voting aye: Robeson, Hummel, Karber, Vrbka, and Pesek.
Voting nay: none
The motion carried.
5. Approve minutes for regular meeting 09/16/24.
Motion made by Trustee Hummel to approve September 16th minutes, seconded by Trustee Pesek.
Voting aye: Hummel, Pesek, Vrbka, Robeson, and Karber.
Voting nay: none
The motion carried.
Approve minutes for special meeting 10/02/24.
Motion made by Trustee Vrbka to approve October 2, 2024 Special Meeting minutes, seconded by Trustee Karber.
Voting aye: Vrbka, Karber, Robeson, Pesek, and Hummel.
Voting nay: none
The motion carried.
6. Consider October claims.
Treasurer Sander reports there is a change in the Ingwerson roofing bid- as the amount for the gutters has gone up from $440 to $2,504.00. This is because the original bid did not include all the gutters on the building, just some. He has collected $9,904.00, which is half of the new updated bill amount.
Motion made by Trustee Robeson to accept all claims except Spark Electric, seconded by Trustee Vrbka.
Voting aye: Robeson, Vrbka, Karber, Pesek, and Hummel.
Voting nay: none
The motion carried.
Motion made by Trustee Vrbka to approve Spark Electric bill, seconded by Trustee Pesek.
Voting aye: Vrbka, Pesek, Robeson, and Karber.
Trustee Hummel abstains.
Voting nay: none
The motion carried.
7. Committee Reports.
Trustee Pesek would like the pool inspector to come and discuss the pool maintenance and upgrade with the Trustees on the committee. They could visit with him, and report back to the Board. Trustee Vrbka was thinking City Park might need some professional services to take care of the new grass, like Grassroots.
Trustee Robeson is inquiring about a Rate Study we have done in the past. It was thought it was a couple of years ago. He would like the staff to dig up the old study and we can discuss next meeting. There was a question on whether we can use ARPA money for rate studies, and it was thought for water yes, but maybe not for electric. We will discuss at the next meeting in depth.
8. Employee Reports.
October Clerk Report: Yolanda Bailey
I amended the Sign Permit Form to include a line that calls for the physical address of the Sign.
I did not get this item on the Agenda for this month: Discuss possible handicap accessibility for City Hall. On that subject, is there some research I can do in the next month on options for this?
Trustee Pesek reports that the Brownville Post Office has a handicapped access, and he said he thinks it would work for City Hall. He will send a picture to the Clerk. Clerk Bailey will contact the post office and inquire about details for a discussion next month.
Kirstin Bailey attended the Clerk Conference in Lincoln last month, and she picked up some posters and information she thought the Board might be interested in, which I will pass around.
Discussion on Cornhusker Industries and how they make signs. It was suggested Cory go around town and make a list of signs that are faded and need to be replaced. (Such as “engine braking prohibited). It turns out Cory has a list started – we will get it and get a bid going for these signs.
Maintenance Report: Cory Burtman
The City bathrooms are getting plugged up and Cory had to call Wright Way to come flush one out. The bagger is installed on the mower. Cory called CAT to get a lease renewal going. He has a call into Keith, from Sargent Drilling, because the available draw-down and the draw-down at the post office well has been close for the past couple of weeks. Maybe a screen needs to be moved down or something. It’s usually 5 feet or so, now it is 3 feet.
Treasurer Report: Carla Sander
October Treasurer Report:
1. A fiscal year end profit and loss report has been provided. Positive projections in the following classes, electric, garbage, general & water. Down in Parks & Rec and streets due to the new pumps installed and street repairs completed.
2. The bank account balance report is provided in the Board packets. An increase of $51,352.50 in bank deposits since September is reported.
3. A September employee pay report is provided in the Board reports. A decrease from August of $5,493.67 due to no lifeguard pay.
4. Collection Report- 17 overdue utility bills, 10 less than in September. Shut offs went out on 10/18/24, shut offs will be due on 10/29, therefore, Shut offs will take place on 10/30. There is 2 past due accounts where utilities are off and no reconnection fees paid.
5. Bank of the Valley CD’s are maturing. Austin Witmer (BOV) can offer 4.6% for one year. First Nebraska Bank offers 3.80% for one year and First National Bank offers 4.00%. Action must be taken tomorrow by Joel & Yola.
6. End of fiscal Year report on revenues and expenditures report is provided. This report was posted in 3 places around town as per Statute 19-1101.
7. Letter to land owners in close proximity to Brainard is provided. The purpose of this letter is to increase dialog between Brainard boards and potential owners of land to sell to help satisfy a housing need.
Trustee Pesek reviews the money we have invested at the two banks, and he thinks there is some improvement that could be made in keeping the money “local”. Discussion on what could be done to meet this standard. Discussion on converting some of the Money Market to a CD to improve the interest earnings. Discussion on moving some of the Bond account to a CD – but the Bond account does need to stay open. The Treasurer will look into the possibility of moving some money back to the First NE Bank from the Bank of the Valley, and other scenario’s to improve the interest rates of the money and to also have the money more evenly split between the two banks. Treasurer Sander will provide the Board with a recommendation next month.
9. Petitions, Communications, Correspondence.
10. Additional Business/Items for next meeting.
Discuss possible Handicap Accessibility for City Hall
Discuss personnel manual changes
Discuss banking investments
Consider Ordinance/Resolution for Special Meeting fees
11. Adjournment.
Motion made by Trustee Karber to adjourn at 9:18 pm, seconded by Trustee Robeson.
Voting aye: Karber, Robeson, Pesek, Hummel, and Vrbka.
Voting nay: none
The motion carried.