VILLAGE OF WALTHILL
September 6, 2023
The regular meeting of the Chair and the Village Board of Trustees of Walthill, Nebraska was held at the Village Office in said village at 5:00 p.m., September 6, 2023.
Present: Vice Chair Gwen Porter, Trustees Curtis Boschult and Waylon Oldman. Board Chair Michael Grant and Trustee Aaron Brown were absent from the meeting. Also present: Lisa Beaudette, Clerk/Treasurer, KayCe Henneman, Deputy Clerk/Treasurer, Fred Appleton, Maintenance Supervisor and Roger Anderson, Maintenance. Matt Munderloh, Village Attorney, attended via zoom.
Visitors: Nancy Anderson.
Notice of meeting was given in advance thereof by posting in three (3) public places, a designated method for giving notice, as shown by the certificate of posting notice on file at the Village Office. Notice of the meeting was simultaneously given to the Chair and Trustees and a copy of their acknowledgment of receipt of notice and agenda are on file at the Village Office. Availability of the agenda was communicated in the public notice. All proceedings hereafter shown were taken while the convened meeting was open to the attendance of the public.
Vice Chair Porter called the meeting to order at 5:04 p.m. and made the public aware of the availability of the open meeting laws.
Trustee Oldman made a motion, seconded by Boschult to approve the minutes of the August 9, 2023 board meeting. Upon roll call vote, the following voted aye: Porter, Boschult and Oldman. Nay: None. Absent: Grant and Brown. Motion carried.
Community Development Report for August 2023 was submitted for the Board’s review.
Fred Appleton, Maintenance Supervisor, gave a Maintenance Department report.
Trustee Boschult introduced Ordinance #2023-6 entitled:
AN ORDINANCE OF THE VILLAGE OF WALTHILL, NEBRASKA TO ESTABLISH RULES AND REGULATIONS GOVERNING THE RECONNECTION OF PUBLIC UTILITIES IN INSTANCES OF DIVERSIONS, BYPASSES, OR THEFTS OF UTILITIES FOR PERMANENT SHUTOFF IN CERTAIN CIRCUMSTANCES; PROVIDING ADDITIONAL PENALTIES; REPEALING ANY AND ALL ORDINANCES AND RESOLUTIONS CONFLICTING HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
and moved the statutory rule requiring reading on three days be suspended. Trustee Oldman seconded the motion to suspend the rules and on a roll call vote, the following trustees voted aye: Porter, Boschult and Oldman. Nay: None. Absent: Grant and Brown. The motion to suspend the rules was adopted by a majority of all members of the board that were present and the rule was declared suspended for consideration of said ordinance.
Said ordinance was then read by title and thereafter Trustee Boschult moved for final passage of the ordinance, which motion was seconded by Trustee Oldman. The Vice Chairperson then stated the question “Shall Ordinance #2023-6 be passed and adopted?” Upon roll call vote, the following trustees voted aye: Porter, Boschult and Oldman. Nay: None. Absent: Grant and Brown.
The passage and adoption of said ordinance having been concurred in by a majority of all members of the Board of Trustees, the Vice Chairperson declared the ordinance adopted and the Vice Chairperson in the presence of the Board of Trustees signed and approved the ordinance and the Clerk attested the passage and approval of the same and affixed her signature thereto. A true, correct and complete copy of said ordinance is as follows:
Ordinance #2023-6
AN ORDINANCE OF THE VILLAGE OF WALTHILL, NEBRASKA TO ESTABLISH RULES AND REGULATIONS GOVERNING THE RECONNECTION OF PUBLIC UTILITIES IN INSTANCES OF DIVERSIONS, BYPASSES, OR THEFTS OF UTILITIES FOR PERMANENT SHUTOFF IN CERTAIN CIRCUMSTANCES; PROVIDING ADDITIONAL PENALTIES; REPEALING ANY AND ALL ORDINANCES AND RESOLUTIONS CONFLICTING HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS the Chairperson and members of the Board of Trustees of the Village of Walthill, Nebraska, recognize incidents of diversions, bypasses, and thefts of public utility services offered by the Village and wish to take all action necessary to prevent recurring incidents of such; and
WHEREAS the Village has broad discretion in regulating how it provides its utilities to consumers;
NOW, THEREFORE, BE IT ORDAINED BY THE CHAIRPERSON AND BOARD OF TRUSTEES OF THE VILLAGE OF WALTHILL, NEBRASKA:
Section 1. Public utility; diversion, bypass, or theft of services; conditions of utility reconnection. Any person who commits, authorizes, solicits, aids, or abets the diversion, bypass, theft, tampering with, or engaging in unauthorized metering of any utility service offered by the Village shall be subject to discontinuance of said service at any location within the Village. In addition, as a condition of utility reconnection anywhere within the Village, such person shall pay to the Village the amount of actual damage or loss caused by the diversion, bypass, theft, or tampering, if the amount of damage or loss is able to be reasonably calculated; or, if the amount of damage or loss is not able to be reasonably calculated, such person shall pay liquidated damages in the amount of $750.00, except as otherwise provided in this Ordinance. This section shall be deemed to be supplemental and cumulative to, and not in lieu of, any other remedy of the Village provided by law.
Section 2. Repeated instances of public utility diversion, bypass, or theft; circumstances warranting permanent utility shutoff. Notwithstanding any other provision of this Ordinance, and as a condition of reconnection, the Village shall require a security deposit in the amount of $1,000.00 from any person who the Village determines has engaged in the conduct described in Section 1 of this Ordinance in two (2) separate instances, which deposit shall be in addition to payment of the liquidated damages in the amount of $750.00, provided, however, the Village also reserves the right to decline to reconnect utilities after the second (2nd) such instance. Any person who the Village determines has engaged in any activity described in Section 1 of this Ordinance for a fourth (4th) time shall not be eligible for a reconnect of utilities, provided, however, this permanent disconnect shall not apply to any lessor of any such premises who did not engage in any such activities.
Section 3. Persons responsible. Except as otherwise provided herein, the occupant or customer at the premises where utilities were diverted, bypassed, stolen, or otherwise tampered with shall be presumed to know of its occurrence and shall be subject to this Ordinance, provided such person had access to the part of the utility supply system at the premises. Any lessor of any premises where utilities are diverted, bypassed, stolen, or otherwise tampered with shall be subject to this Ordinance if the lessor him-, her-, or itself engaged in any such activities.
Section 4. Additional penalties. In addition to all other provisions of this Ordinance, any person who diverts, bypasses, steals, tampers with, or engages in unauthorized metering of any public utility shall be deemed guilty of an offense and shall be punished as provided generally in Chapter 6 of the Code of the Village of Walthill, Nebraska, as amended from time to time.
Section 5. Public utility defined. For the purposes of this section, “public utility” shall mean electric, water, sewer service, and any other utility as the Village may supply from time to time.
Section 6. Any and all ordinances and resolutions and parts thereof in conflict herewith are repealed.
Section 7. This Ordinance shall become effective upon its reading, passage, and publication according to law.
Passed and adopted this 6th day of September, 2023.
______________________________ ATTEST: ______________________________
Gwen Porter Lisa Beaudette
Board Vice Chair Clerk/Treasurer
KayCe Henneman, Property Manager, gave an update on the Village’s rental properties.
Discussion was held on the Sale of the 8-Plex at 311 N Little Street, which was then tabled to the next regular board meeting.
The Treasurer’s report for May 2023, June 2023 and July 2023 were submitted for the Board’s consideration. Since there were no objections, the reports were filed.
Trustee Oldman made a motion, seconded by Boschult to pay four additional weeks of paid bereavement leave to Jesse Boschult. Upon roll call vote, the following voted aye: Porter, Boschult and Oldman. Nay: None. Absent: Grant and Brown. Motion carried.
Trustee Oldman made a motion, seconded by Boschult to pay three days of bereavement leave to Lisa Beaudette. Upon roll call vote, the following voted aye: Porter, Boschult and Oldman. Nay: None. Absent: Grant and Brown. Motion carried.
The bills were audited and a motion was made by Porter, seconded by Oldman, to approve payment. Upon roll call vote, the following voted aye: Porter and Oldman. Trustee Boschult also voted aye, but abstained on Lacreme Construction LLC’s bill. Nay: None. Absent: Grant and Brown. Motion carried except for the Lacreme Construction LLC bill, which will be approved at the next regular board meeting.
The police report for August 2023 was submitted for the Board’s review.
The budget meeting date was set for September 27, 2023 at 12:00 p.m.
As there was no further business, a motion was made by Oldman, seconded by Boschult to adjourn.
Upon roll call vote, the following voted aye: Porter, Boschult and Oldman. Nay: None. Absent: Grant and Brown. Motion carried.
Meeting adjourned at 6:03 p.m. September 6, 2023.
______________________________ ATTEST: ______________________________
Gwen Porter Lisa Beaudette
Board Vice Chair Clerk/Treasurer
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AGENDA
SEPTEMBER 6, 2023 @ 5:00 P.M.
Open Meeting Laws
1. Minutes of the August 9, 2023 Meeting
- Approve Minutes
2. Community Development
- Report
3. Maintenance Department
- Report
- Theft of Service – Ordinance #2023-6
4. Property Management Report
- Property Update
- Sale of 311 N Little Street Apartments
5. Treasurer’s Report
- May 2023, June 2023, and July 2023 Reports
6. Personnel Matters
- Jesse Boschult Request for Additional Bereavement Leave
- Lisa Beaudette Request for Bereavement Leave
7. Bills – Audit and Approval for Payment
8. Police Department/Community Policing
- Report
Discussion
- Set Budget Meeting Date
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SEPTEMBER 2023 Bills
Advantage Consulting Group - Contract Svcs..............................................................$ 3,000.00
Amazon.com - Supplies/Programming.........................................................................$ 64.76
Nancy Anderson - Insurance Premium Reimbursement...............................................$ 450.31
Appeara - Uniform/Linen...............................................................................................$ 227.72
AT&T - Phone................................................................................................................$ 74.11
Black Hills Energy - Gas Service...................................................................................$ 79.04
CWB - Petty Cash........................................................................................................$ 262.75
CWB - Payroll Deduction.............................................................................................$ 400.00
CWB - Fire Bond Transfer to Savings..........................................................................$ 248.00
CNA Surety - INS Bond................................................................................................$ 225.00
Continental Research...................................................................................................$ 398.91
CSI - Consulting...........................................................................................................$ 530.00
Fastwyre Broadband - Phone/Internet.........................................................................$ 779.02
H2O4U - Softener Salt.................................................................................................$ 80.15
Jarom Harlan - Meter Refund......................................................................................$ 259.14
Johnson & Mock - Services.........................................................................................$ 553.50
LaCreme Construction - 304 S Sawyer Renovation...................................................$ 16,000.00
LaCreme Construction - 311 N Little Apt 1B Repairs..................................................$ 2,140.00
Lamp Auto Parts - Supplies/Transportation.................................................................$ 84.98
Little Man's Auto - Utility Refund..................................................................................$ 144.96
Nancy Martin - Meter Refund.......................................................................................$ 295.00
Menards - Supplies.......................................................................................................$ 100.13
Mutual of Omaha - Ins Premium...................................................................................$ 167.78
NE Dept of Revenue - NE WH......................................................................................$ 1,170.75
NE Dept of Revenue - Sales Tax...................................................................................$ 1,224.76
NPPD - Power Fees/Report...........................................................................................$ 709.76
RuVan King - Garbage Hauling.....................................................................................$ 5,354.00
Sewer Bond Savings - Transfer.....................................................................................$ 2,085.00
Sewer Reserve - Transfer Funds..................................................................................$ 4,700.00
Thurston County Communications - Use of Teletype....................................................$ 100.00
Vetick Construction - RBDG II (PrePayment)................................................................$ 50,000.00
Vetick Construction - RBDG II/BusCtrRepairs...............................................................$ 14,723.20
Walthill Service & Supply - Repairs................................................................................$ 368.95
TOTAL: $107,001.68
Additional AUGUST 2023 Bills
Payroll............................................................................................................................$ 21,294.88
Amazon.com - Supplies/Programming.........................................................................$ 32.06
Blue Cross & Blue Shield of NE - Insurance.................................................................$ 2,684.83
Burt County Public Power - Power Fees.......................................................................$ 2,526.72
Credit Management Services - Garnishment................................................................$ 413.08
Ed Encinas - Teepee Mural...........................................................................................$ 4,000.00
Fremont Tire - Repairs..................................................................................................$ 117.50
Home Depot - Supplies.................................................................................................$ 388.67
Jack's Uniform - Uniforms............................................................................................$ 258.20
Menards - Animal Control.............................................................................................$ 115.96
NE Health Lab - Water Test..........................................................................................$ 500.00
Nebraska.Gov - Website...............................................................................................$ 960.00
Northeast Power - Power/Loan.....................................................................................$ 26,330.49
Overhead Door - Repairs..............................................................................................$ 395.50
Ozark National Life - Retirement..................................................................................$ 788.00
PestBusters - Pest Control...........................................................................................$ 265.00
PowerManager - Supplies............................................................................................$ 503.14
Quality Flow Systems - Repairs....................................................................................$ 1,927.50
Schlickbernd's - Repairs...............................................................................................$ 105.40
Shaw, Hull & Navarrette, CPA's - 21-22 Audit..............................................................$ 2,130.10
Thurston County Treasurer - Property Tax...................................................................$ 6,552.15
U.S. Cellular - Cell Svc/Hot Spot/Equip........................................................................$ 244.35
Walthill Evergreen Cemetery - Operations...................................................................$ 1,500.00
TOTAL: $74,033.53
GRAND TOTAL: $181,035.21
