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
November 18, 2024
The Board of Trustees of the Village of Brainard held a regular meeting on November 18, 2024 at 7:00 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, Amber Fencl, Kirstin Bailey, Valerie Vandenberg, Mike and Tasha Eldridge, Kent Rezac, and Elaine Fortik.
Public Comments:
Business:
- 4. Business:
- a. Pool Committee Update
- Valerie Vandenberg begins the discussion by presenting a letter the Pool committee has written to be distributed to the public to begin the fundraising process. They are looking to get the letter approved by the board before sending it out. Trustee Vrbka relates the Olsson Pool Co. are going to call in another agency to look at the zero-entry feature plan. They will submit a bid, which will be the required third bid from engineers. Corethers Construction will come out in 4 weeks to give a bid. Discussion on how the funds will be handled up until construction. It was decided to send the letter out to the general public in and surrounding the Village – and to do it as a separate mailing. The committee will continue to work on contacting the state agency that oversees pool safety and run the proposed project by them. There is a fundraiser coming up – a Holiday Tour of Homes, which will begin and end at the Legion Club. There will be donation items to purchase, and other fun things to do on Sunday, December 8th.
- b. Discuss JEO response to the wind break and front step modification @ Brainard Bar and the two permits for these projects.
- Trustee Vrbka reports he heard back from JEO on the proposed projects at the Brainard Bar. Vrbka talked to Jeff Ray at JEO, who had some points to consider. There would have to be a new Ordinance in place before any work can be done. The project would have to be reviewed by the Attorney, we would have to be named on the Insurance policy and indemnified – so the Village would not be liable for any injuries. As well, the business owner would be responsible for any removal or repair if there are any structural repairs needed. There would be a permit that has to be renewed every year. The business owner asks what would happen if she did not attach the windbreak to the city property – but to the building instead? The trustees reply the responsibility for liability would be on the business owner. Regarding the step remodel, the business owner would have to follow the IBC code on the building when they change the step. She wants the step to be the correct width for the 11” tread. As she can’t go into the building, she would have to be covered by the Ordinance so she can go further out onto Village sidewalk. In this scenario, the business owner must come back to the board with a professional drawing (by her contractor), and proof of an Indemnification Clause regarding liability from the Insurance company for the Village property affected. It was decided the business owner will first decide which way she is going to go with the project—changing only the business building, or changing Village property– before the Village begins working on an Ordinance.
- c. Consider two sign permits for 105 E. Washington St.
Discussion on the sign permits, which would be for an 8’ X 8’, sign mounted in the ground, on the West side of the Bar building. The other sign is attached to the building. The permits appear to be in order with proper details and attached drawings.
Motion made by Trustee Karber to approve the two sign permits, seconded by Trustee Hummel.
Voting aye: Karber, Hummel, Robeson, Pesek, and Vrbka.
Voting nay: none
The motion carried.
- d. Discuss Agreement w/East Butler School on Drainage Project
Trustee Vrbka reports he received an agreement from East Butler’s attorney, and forwarded it to the Village attorney. They had a few questions; regarding the $200,000 cap noted in the agreement, what would the Village do if the costs were more than that? It was decided in that case, the project would be reassessed by both parties. Discussion on engineering costs and administrative costs, and how much they would add to the total cost. Discussion on the trees that need to be removed, and it was decided Cory and the maintenance crew can handle them. Discussion on planting new ornamental trees in their place, and it was decided they need to be on both sides of the street. Discussion on the project ‘ownership’, and who has a say with JEO on decisions; and it was decided the agreement will allow for each entity to have a 50/50 voice on details – but the Village will be listed as the primary point of contact throughout. The way invoices will be handled is they will be paid out by the Village as they arrive, and the school will reimburse the Village for their 50% of the costs. The bids would be jointly considered by both parties, and the Village will award the bids to the contractors. Once East Butler approves the agreement, we can bring it back to the Board at the next meeting, and then the project can begin to proceed.
- e. Consider Mitchell Janak’s employment status and change to “Appointed” employee.
- This item has been struck from the Agenda.
- f. Discuss Truck routes and Parking Ordinances
- There was a complaint letter received at City Hall by a citizen regarding a Semi-truck that parks on a residential street. The Board has received other complaints regarding this same vehicle, and a Board member has discussed this with the truck owner – but there has been no cooperation so far.
- Trustee Vrbka discussed this with our Attorney, and also looked up other towns’ ordinances. David City has a Resolution that there can be no Semi truck parking on residential streets overnight. Treasurer Sander asked the Clerk Group what ordinances they have regarding truck parking. Trustee Vrbka reads some of these. The Attorney said we can start with section 4-202 of our Ordinances – and amend that. Discussion on public places where trucks can park, and it was mentioned that Frontier Coop has a lot, but they have to get permission. The Board is considering making it no Semi-Truck parking on residential streets. Discussion on classification of vehicles and what weights would be appropriate for the ordinance. It was decided to revisit this with the Attorney and go from there.
- g. Discuss Dog Complaints.
- There was a complaint letter received at City Hall regarding a dog owner in town. Tom Pesek reports there have been numerous complaints regarding the dogs at 116 W Jackson St. The resident has several very large dogs, who are aggressively barking at the fence when people walk in the alley, scaring them. One of the dogs is reportedly so big it looks like it can jump over the fence. The town limit for # of dogs is set at three, but she often has 4 dogs there. It was decided to determine whether they have 3 or 4 dogs, and to send a letter to the resident letting them know they need a kennel license if they have over three, and that the dogs all need to be registered with the Village every year. The letter should ask the resident to address the concerns and make changes to improve the situation. Once the letter is drafted, it should be emailed to the Board for approval prior to sending. Trustee Vrbka will reach out to the state agency that handles dog kennel licenses and discuss this with them
- h. Consider Ord #317: Special Meeting Request Fee
Motion made by Trustee Robeson to introduce Ordinance 317, seconded by Trustee Karber.
Voting aye: Robeson, Karber, Pesek, Hummel, and Vrbka.
Voting nay: none
The motion carried.
ORDINANCE NO. 317
AN ORDINANCE OF THE VILLAGE OF BRAINARD, BUTLER COUNTY, NEBRASKA, TO PROVIDE FOR A SPECIAL MEETING FEE; 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, special meetings are requested by residents of the Village of Brainard, Nebraska, from time to time, for consideration of issues between Regular Meetings, and
WHEREAS, the Village of Brainard, Nebraska, incurs extra costs for the attendance of the Village Clerk and the members of the Village Board of Trustees at special meetings, and
WHEREAS, the Village Board of Trustees desires to require a fee which shall accompany special meeting requests to cover said administrative expense,
NOW, THEREFORE, BE IT ORDAINED BY THE 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 a non-refundable special meeting fee, as set by resolution, shall be required to be submitted with any special meeting request.
Section 3. That the Chair of the Board of Trustees of the Village of Brainard, Nebraska, and its Clerk, are hereby authorized and directed to implement this Ordinance.
Section 4. That should any section, paragraph, sentence or word of this Ordinance hereby adopted be declared for any reason to be invalid, it is the intent of the Board of Trustees of the Village of Brainard 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.
Section 5. That all ordinances and parts of ordinances passed and approved prior to the passage, approval, and publication of this Ordinance, in conflict herewith, are hereby repealed. Section 6. That this Ordinance shall be published either by posting in three (3) public places in the Village of Brainard, Nebraska, or in pamphlet form and shall be effective on the fifteenth (15th) day from and after its passage and approval, provided it has been published, as aforenoted, within the first fifteen (15) days after its passage and approval.
Section 7. That it is the intention of the Board of Trustees of the Village of Brainard, Nebraska, and it is hereby ordained that the provisions of this Ordinance shall not become or be made a part of the Municipal Code of the Village of Brainard, Nebraska.
Motion made by Trustee Pesek to accept the first reading and waive the 2nd and 3rd readings of Ordinance #317, seconded by Trustee Hummel.
Voting aye: Pesek, Hummel, Karber, Robeson, and Vrbka.
Voting nay: none
The motion carried.
Motion made by Trustee Hummel to adopt Ordinance #317, seconded by Trustee Pesek.
Voting aye: Hummel, Pesek, Vrbka, Karber, and Robeson.
Voting nay: none
The motion carried.
- i. Consider Resolution 2024-07 – Master list of Fees
There are several more fees that can be added to this master list, Clerk Bailey will have them ready for the next meeting.
Motion made by Trustee Robeson to accept Resolution 2024-07, seconded by Trustee Vrbka.
Voting aye: Robeson, Vrbka, Karber, Pesek, and Hummel.
Voting nay: none
The motion carried.
- j. Consider Utility Fee Ordinance #318: ($1.00 per Ert/per meter)
This fee will not be implemented until the new meter reading system becomes active in a couple of months.
Motion made by Trustee Robeson to Introduce Ordinance #318, seconded by Trustee Hummel.
Voting aye: Robeson, Hummel, Karber, Pesek, and Vrbka.
Voting nay: none
The motion carried.
Motion made by Trustee Pesek to accept the 1st reading, and waive the 2nd and 3rd readings of Ordinance #318, seconded by Trustee Karber.
Voting aye: Pesek, Karber, Robeson, Hummel, and Vrbka.
Voting nay: none
The motion carried.
Motion made by Trustee Hummel to adopt Ordinance #318, seconded by Trustee Robeson.
Voting aye: Hummel, Robeson, Karber, Pesek, and Vrbka.
Voting nay: none
The motion carried.
- k. Discuss options for Handicap Accessibility for City Hall
- Trustee Pesek had asked Clerk Bailey to inquire of the Brownville Post Office about their handicapped accessible ramp, as he thought the design might work for City Hall. Clerk Bailey reports she contacted them, but they did not have details about it there. Discussion follows on what could possibly work to make City Hall ADA compliant. Discussion on creating an Ordinance to make compilation happen. It was decided to look into what was possible, through a study by JEO. Trustee Vrbka will call JEO and talk to Jeff Ray.
- l. Consider draft of letter to property owners.
The letter was drafted last month, and edited some for this month by Trustee Pesek. The point is to let landowners around the city know that the Village is interested in growing the housing opportunities, and inquiring if they would consider selling their empty houses or lots to make room for new housing. The Board approves the changes and sending it out to the public. Possible addresses/names need to be turned into City Hall by the members of the Planning Commission and the Village Board.
- m. Consider Skid Loader Contract Renewal from CAT
Trustee Vrbka reports the machine was delivered already, and the new lease for $7,600 needs to be approved. It went up by $200 from last year.
Motion made by Trustee Vrbka to approve the lease from CAT for $7,600, seconded by Trustee Robeson.
Voting aye: Vrbka, Robeson, Karber, Pesek, and Hummel.
Voting nay: none
The motion carried.
- n. Personnel matter
- Trustee Vrbka asks Superintendent Burtman if he wants to go into executive session or stay in an Open Meeting to discuss the matter, and Burtman replied Open Meeting is fine. Trustee Robeson relates that Cory Burtman’s name has been in the County Supervisors minutes lately, regarding an employment issue. Burtman explains this is from a prior job application for a job he did not take prior to the Village Superintendent position.
5. Approve minutes for regular meeting October 21, 2024
There were a couple of corrections pointed out.
Motion made by Trustee Robeson to approve the October 21, 2024 minutes with corrections, seconded by Trustee Hummel.
Voting aye: Robeson, Hummel, Vrbka, Karber, and Pesek..
Voting nay: none
The motion carried.
6. Consider October claims.
Motion made by Trustee Karber to approve the November claims, seconded by Trustee Pesek.
Voting aye: Karber, Pesek, Vrbka, Robeson, and Hummel.
Voting nay: none
The motion carried.
7. Committee Reports.
Trustee Vrbka is working on getting the State Pool Inspector to come out. Vrbka is also expecting a written bid from Grassroots for the City Park lawn maintenance. Trustee Pesek says there is a large Cottonwood tree in Evergreen with dead branches that need to be taken down. He says it is kind of a monumental tree, and he would like to see if we can cut the branches off first and keep the large trunk there for now.
Trustee Hummel saw on the news that the electric rates are going up in Lincoln. Trustee Vrbka reads a text from Dane Simonsen about the water study. Dane says that JEO is currently arguing with the USDA – trying to get them to classify our water system as a health risk, which would kick in some grant funds. They are looking for more info from the Village about the historical incidents of water main breaks to back up this claim. The breaks are not specifically noted over the years. Trustee Pesek wonders if there is a possibility of getting funds from the State Revolving fund.
8. Employee Reports. November Clerk Report: Yolanda Bailey
We received a publication from the USDA – The USDA Rural Development Summary of Programs, which I am passing around. This reference lists every USDA program, who is eligible, and other details. You may want to check it out sometime – it’s kept by the timeclock.
I noticed our storm door by the alley has some cracks in it on the outside, and needs to be replaced.
New Family Medical Sick Leave – NE voters overwhelmingly approved Initiative #436, the Nebraska Healthy Families and Workplaces Act. The changes in this act take place October 1, 2025. I have included the details of the initiative in your packets. While we are technically exempt as a governmental agency, I would like the board to consider adopting this as part of our benefits program. It provides 1 hour of sick leave for every 30 hours worked, up to a cap. We have some time to discuss this before it takes effect next October.
I would like to purchase a dry-erase board with a stand for the Village. They cost approx. $100-$120. I believe this will be a valuable tool we can use during meetings for illustrations, discussions, etc. (The suggestion by the Board is to get a whiteboard – but mount it on the message-board wall instead of having one with a stand.)
We just had an election, and though the five Board of Trustees have not changed, I think it might be beneficial for the Trustees and Staff to engage in some leadership exercises to visualize the work for the next two years. I have been looking into this, and have found some effective tools we can use to hone-in on our priorities, and share our personal visions and possibilities for the Village through 2027. I have talked to Trustee Pesek about this, and he suggested we plan a retreat or something like it. January of 2025 would be a good time to tackle this if you are interested.
It was decided that a retreat might be beneficial – but it is unknown about the rules regarding Municipal Boards. Clerk Bailey will consult the League of Municipalities about this.
November Treasurer Report:
1. An October profit and loss report has been provided. Positive projections in the following classes, electric, garbage, general, sewer & street. Down in Parks & Rec, and water. The sewer bond is due December 15 for $23,260 9 (on claims). The village has 15 more payments in the amount of $348,360 with a maturity of June 15, 2033. The village grossed $29,993.04 since last payment was made in June 2024. The sewer fund is currently in good shape with a positive position of $6,733.04 after expenses.
2. The bank account balance report is provided in the Board packets. An increase of $44,113.49 in bank deposits since October is reported. Notable changes: The Bank of the Valley CD’s with one year terms came due with interest paying $28,170.49. Both CDs (principle and interest) were rolled back into year terms with an interest rate of 4.7%. Please note, as requested, interest rates are provided for all bank accounts.
It was decided to move $150,000 from BOV, and combine that with $50,000 and $12,000 to make a new CD at the First NE Bank.
3. An October employee pay report is provided in the Board reports. There was a decrease from September of $4,411.23.
4. Collection Report- 24 overdue utility bills, 7 more than in October. Shut offs went out on 11/15/24, shut offs will be due on 11/26, therefore, Shut offs will take place on 11/27. There is 2 past due accounts where utilities are off and no reconnection fees paid.
5. A revised 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.
Maintenance Report: Cory Burtman-wells ok. Waiting on tree work. Roof ongoing. Bathrooms winterized. Christmas lights.
9. Petitions, Communications, Correspondence.
- Discussion on 2 business’ in town having cameras on Village posts; one has put one up already, and another wants to put one up. It is thought there would have to be an Ordinance drawn up on this before it can be approved, and JEO will be contacted on this. Discussion on business owner’s contacting the Board after-hours, which is not acceptable – the City Hall Office is open M-F from 8:30 am to 3:30 pm.
10. Additional Business/Items for next meeting.
11. Adjournment.
Motion made by Trustee Robeson to adjourn at 9:26 pm, seconded by Trustee Karber.
Voting aye: Robeson, Karber, Pesek, Hummel, and Vrbka.
Voting nay: none
The motion carried.