VILLAGE OF MURRAY, NEBRASKA
December 10, 2019

The Murray, Nebraska Board of Trustees met in regular session on Tuesday, December 10, 2019, at 7:00 pm in the Murray Municipal Building. Present: Trustees: Stan Flak, Jeff Anderson, Theresa Sallach, and George Blessing, and Don Strong; Village Clerk Shelli Hayes absent (Theresa Sallach serving as Secretary): guests. 

Notice of the meeting was given in advance thereof by posting in (3) three public places as shown by the certificate attached to these minutes. Notice of the meeting was simultaneously given to the Chairman and all members of the Board of Trustees. Their acknowledgement of receipt of notice and agenda is attached to these minutes. All proceedings thereafter were taken while the convened meeting was open to the attendance of the public.

Chairman Flak called the meeting to order at 7:00 PM and informed the audience of the location of the open meetings act poster.

Approval and/or correction of the minutes of the November 12, 2019 regular meeting; Motion by Anderson, seconded by Blessing to approve the minutes of the November meeting; ayes: Anderson, Blessing, Sallach, Strong, Flak; motion carried.

Treasurers Report. Motion by Blessing, seconded by Anderson to acknowledge receipt of the Treasurer’s report; ayes: Anderson, Blessing, Sallach, Strong, Flak; motion carried.

Claims approval. After discussion, motion by Anderson, seconded by Sallach to approve the claims as revised; ayes: Blessing, Sallach, Strong, Flak; nays: Anderson; motion carried.
Maintenance Report.

Motion by Flak, seconded by Anderson to approve the Johnson Control Bid to sleeve the sewer in 2020; ayes: Anderson, Blessing, Sallach, Strong, Flak; motion carried.

Motion by Blessing, seconded by Sallach, to transfer $15,862 from the General Fund to the Park Fund: ayes: Anderson, Blessing, Sallach, Strong, Flak; motion carried.

Motion by Anderson, seconded by Sallach to approve the Audit for the 2018-2019 fiscal year to be conducted by Dana F. Cole Co.; ayes: Anderson, Blessing, Sallach, Strong, Flak; motion carried.

Pro-Tem George Blessing called the reorganization of the board to order. Motion by Blessing, seconded by Sallach to nominate Stanley Flak for Chairman for the next year; there were no other nominations; roll call was utilized for votes; ayes: Anderson, Blessing, Sallach, Strong; abstain: Flak; motion carried. Flak will continue as Chairman.

Motion by Sallach, seconded by Flak to nominate George Blessing for Pro-Tem for the next year; there were no other nominations; roll call was utilized for votes: ayes: Anderson, Blessing, Sallach, Strong, Flak; motion carried. Blessing will continue as Pro-Tem.

Motion by Blessing, seconded by Anderson for the following appointments for 2020: Larry Morten, Village Attorney; Shelli S. Hayes, Village Clerk/Treasurer; JEO, Village Engineer; Steven A Parr, JEO, Street Superintendent, and excluding the appointment of an Animal Control Officer; ayes: Anderson, Blessing, Sallach, Strong, Flak; motion carried.

Motion by Flak, seconded by Anderson for the following appointments to continue for 2020 the commissioners as they served in 2019: Theresa Sallach, Water Commissioner; George Blessing, Sewer Commissioner; Donald Strong, Street Commissioner; Jeff Anderson, Park Commissioner: ayes: Anderson, Blessing, Sallach, Strong, Flak; motion carried.

Motion by Blessing, seconded by Anderson to appoint Alan Miller as Emergency Management Coordinator: ayes: Anderson, Blessing, Sallach, Strong, Flak; motion carried.

Planning Commission Report.

Discussion about Nebraska Rural Water Association donation request; tabled until next meeting.

Update on the property at 106 N Park that is now owned by the village. Motion by Anderson, seconded by Strong to approve the bid and tree service work from Litke’s Tree Service: ayes: Anderson, Blessing, Sallach, Strong, Flak; motion carried.

Open discussion. Audience member Ericka Olson discussed plumbing inspection ordinances and the need for updating the ordinances due to future increase in population.

Motion by Anderson, seconded by Blessing to enter executive session at 8:15 pm: ayes: Anderson, Blessing, Sallach, Strong, Flak; motion carried.

Motion by Blessing, seconded by Flak to exit executive session at 8:45 pm: ayes: Anderson, Blessing, Sallach, Strong, Flak; motion carried.

Motion by Blessing, seconded by Flak to approve the purchase of an outdoor artificial Christmas Tree with a maximum allowance of $2,500, to be purchased after the first of the year in 2020: ayes: Anderson, Blessing, Sallach, Strong, Flak; motion carried.

Motion by Blessing, seconded by Sallach to adjourn the meeting at 8:46 pm: ayes: Anderson, Blessing, Sallach, Strong, Flak; motion carried.

I, the undersigned Village Clerk of the Village of Murray, Nebraska, hereby certify that the foregoing is a true and correct copy of proceedings had and done by the Chairperson and the Board of Trustees of the Village of Murray to the best of my knowledge; that the agenda was kept continually current and available for public inspection at the office of the Village Clerk; that the minutes were in written form and available for public inspection within (10) working days and prior to the next convened meeting of said body; the minutes are published in summary form, upon request a complete copy is available at the Village Office.

Stanley D. Flak, Chairman
Shelli S. Hayes, Village Clerk

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VILLAGE OF MURRAY, NEBRASKA
November 12, 2019

The Murray, Nebraska Board of Trustees met in regular session on Tuesday, November 12, 2019, at 7:00 pm in the Murray Municipal Building. Present: Trustees: Stan Flak, Jeff Anderson, Theresa Sallach, and George Blessing; Village Clerk Shelli Hayes; attending: guests.

Notice of the meeting was given in advance thereof by posting in (3) three public places as shown by the certificate attached to these minutes. Notice of the meeting was simultaneously given to the Chairman and all members of the Board of Trustees. Their acknowledgement of receipt of notice and agenda is attached to these minutes. All proceedings thereafter were taken while the convened meeting was open to the attendance of the public.

Chairman Flak called the meeting to order at 7:00 PM and informed the audience of the location of the open meetings act poster.

Approval and/or correction of the minutes of the October 8, 2019 regular meeting; Motion by Anderson, seconded by Sallach to approve the minutes of the October meeting; ayes: Anderson, Blessing, Sallach, Flak; motion carried.

Treasurer’s Report. Motion by Blessing, seconded by Anderson to acknowledge receipt of the Treasurer’s report; ayes: Anderson, Blessing, Sallach, Flak; motion carried.

Claims approval. After discussion, motion by Flak, seconded by Sallach to approve the claims as presented with the exception of the bill from Murray Repair for motor replacement on the Village pickup until the board is able to further review it ; ayes: Anderson, Blessing, Sallach, Flak; motion carried.

Chairman Flak made recommendation for Donald Strong to fill the vacancy on the Board of Trustees. Motion by Blessing, seconded by Flak to appoint Donald Strong to serve the rest of the vacant term until December 2020; ayes: Anderson, Blessing, Sallach, Flak; motion carried. Mr. Strong read aloud and signed the Oath of Office.

Maintenance Report.

Jennifer Serkiz, Executive Director of Cass County Nebraska Economic Development Council, spoke regarding the progress of economic development in the area. She provided a third quarter report showing goals versus growth regarding housing, business and industrial efforts.

Motion by Sallach, seconded by Blessing to adopt Resolution 19-12, Sewer Rate Increase; ayes: Anderson, Blessing, Sallach, Flak; abstain: Strong; motion carried.

Motion by Flak, seconded by Blessing to adopt Resolution 19-11, LARM Election of Officers Ratification; ayes: Anderson, Blessing, Sallach, Flak; abstain: Strong; motion carried.

Planning Commission Report. Chairman Ericka Olson reported on the October 22 meeting, and stated the commission recommends granting Larry Mace a six-month approval for storage of a maximum of four RVs in a Residential R-1 zone. After some discussion, motion by Anderson, seconded by Sallach to deny the Special Use Permit; ayes: Anderson, Sallach, Flak; nays: Blessing; abstain: Strong; motion carried.

Chairman Flak updated the board regarding the property at 106 N Park. He stated on October 17, he met with the village’s real estate attorney and three court-appointed appraisers to tour the property, after which the appraisers advised a value of $13,000 for the property which was agreed upon by the village. Flak advised a survey is pending for the property, and the village has been accepting bids for tree removal, with a plan to accept bids for the removal of the house for salvage materials in the future.

Chairman Flak opened up the floor for open discussion or questions. Audience member Gale Stanton asked if she could get permission to use the gravel near Barry Road for parking during the Thanksgiving holiday, since the village took the road back recently and she had previously paid for the gravel. Chairman Flak stated he doesn’t have a problem with that.

Motion by Blessing, seconded by Anderson to enter Executive Session at 8:10 pm; ayes: Anderson, Blessing, Sallach, Flak; abstain: Strong; motion carried.

Motion by Anderson, seconded by Sallach to exit Executive Session at 8:59 pm; ayes: Anderson, Blessing, Sallach, Flak; abstain: Strong; motion carried.

Motion by Blessing, seconded by Sallach to adjourn the meeting at 9:00 pm; ayes: Anderson, Blessing, Sallach, Flak; abstain: Strong; motion carried.

I, the undersigned Village Clerk of the Village of Murray, Nebraska, hereby certify that the foregoing is a true and correct copy of proceedings had and done by the Chairperson and the Board of Trustees of the Village of Murray to the best of my knowledge; that the agenda was kept continually current and available for public inspection at the office of the Village Clerk; that the minutes were in written form and available for public inspection within (10) working days and prior to the next convened meeting of said body; the minutes are published in summary form, upon request a complete copy is available at the Village Office.

Stanley D. Flak, Chairman
Shelli S. Hayes, Village Clerk

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VILLAGE OF MURRAY, NEBRASKA
October 8, 2019

The Murray, Nebraska Board of Trustees met in regular session on Tuesday, October 8, 2019, at 7:00 pm in the Murray Municipal Building. Present: Trustees: Stan Flak, Jeff Anderson, Theresa Sallach, and George Blessing; Village Clerk Shelli Hayes; attending: guests.

Notice of the meeting was given in advance thereof by posting in (3) three public places as shown by the certificate attached to these minutes. Notice of the meeting was simultaneously given to the Chairman and all members of the Board of Trustees. Their acknowledgement of receipt of notice and agenda is attached to these minutes. All proceedings thereafter were taken while the convened meeting was open to the attendance of the public.

Chairman Flak called the meeting to order at 7:00 PM and informed the audience of the location of the open meetings act poster.

Approval and/or correction of the minutes of the September 10, 2019 regular meeting; Motion by Anderson, seconded by Blessing to approve the minutes of the September meeting; ayes: Anderson, Blessing, Sallach, Flak; motion carried.

Treasurer's Report. Motion by Blessing, seconded by Sallach to acknowledge receipt of the Treasurer’s report; ayes: Anderson, Blessing, Sallach, Flak; motion carried.

Claims approval. Motion by Anderson, seconded by Sallach to approve the claims as presented; ayes: Anderson, Blessing, Sallach, Flak; motion carried.

Maintenance Report.

Motion by Flak, seconded by Sallach to appoint citizen volunteers Robert Hayes and Gale Stanton to the Planning Commission; ayes: Anderson, Blessing, Sallach, Flak; motion carried.

Planning Commission Report. Chairperson Ericka Olson reported that the next Planning Commission meeting will be October 22, 2019, at 7:00 pm, at the Murray Municipal Building, and everyone is welcome to attend.

George Collins spoke regarding his request for a storage container on his property at 205 E Main. Motion by Blessing, seconded by Sallach to allow the placement of a storage container in the village of Murray; ayes: Blessing; nays: Anderson, Sallach, Flak; motion failed.

Chairman Flak discussed an amendment to the wording of Ordinance 150.22 regarding duplicate building permits forwarded to County Assessor if over $2,500 in value. Flak proposed amending the wording to remove the amount and forward all permits to assessor regardless of value. Motion by Blessing, seconded by Sallach to suspend the Reading Requirement (3) to amend ordinance (30.25); ayes: Anderson, Blessing, Sallach, Flak; motion carried.

Motion by Anderson, seconded by Blessing to amend the wording of Ordinance 150.22 to reflect all permits to be sent to the County Assessor regardless of project amount; ayes: Anderson, Blessing, Sallach, Flak; motion carried.

Motion by Sallach, seconded by Anderson to proceed with 2nd Notice of Nuisance to the owner of the lot located at Latta & Hwy 1 (Potter); ayes: Anderson, Blessing, Sallach, Flak; motion carried.

Chairman Flak announced the Board of Trustees received the resignation of Trustee Brian Coffman. Notice will be published and posted advising applications to fill the position will be received until November 4, 2019, after which time, Flak will make recommendations of an appointee to the Board of Trustees at the November 12 meeting. The appointed trustee will complete the remaining term which goes to December 2020. Applicant must be a US Citizen, a resident of Murray, and a registered voter.

Jesse Drumheller spoke regarding his property located on E Campbell, the three storage buildings previously owned by the lumber yard. He requested verification that his property, currently zoned C-2, is approved for storage of campers, boats and RVs for both indoor and outdoor storage. Chairman Flak advised C-2 allows storage, as previously the lumber yard stored lumber, so there is no need for any change or hearing. Flak asked Mr. Drumheller if he would be willing to erect a perimeter fence if necessary; Drumheller stated he would. Flak restated that the property is zoned C-2, and we will allow storage under C-2 by the regulation.

Chairman Flak stated a proposal for amending the Disturbing the Peace ordinance has been developed and distributed to the trustees prior to the meeting. Motion by Flak, seconded by Anderson to add the additional wording regarding noise to the Disturbing the Peace ordinance: ayes: Anderson, Flak; nays: Blessing, Sallach; motion resulted in tie and discussion tabled until next meeting.

Chairman Flak advised update on the sewer on Young Street, quotes for repair have been received, but further investigation and discussion is ongoing.

Chairman Flak spoke regarding the imminent domain case for 106 N Park. He stated he will meet with the attorney on October 17 and accompany the court-appointed appraisers to tour the property to obtain their determination of property value.

Danielle Dring, attorney at Smith-Slusky Law spoke on behalf of Jeremy Masid regarding the disposition of Barry Rd. She advised there are problems with the quit claim deed that was issued to the property owners on October 1. She stated Mr. Masid is requesting more than half of Barry Rd be deeded to him due to the amount of property he owns adjacent to Barry Rd. Ms. Dring asked that the board allow her to obtain an accurate legal description and do an administrative subdivision of that portion of Barry Rd so it can be accurately conveyed to the adjacent parcel owners. She stated that would allow both property owners to receive an equitable division of the road. Ms. Dring advised Mr. Masid is willing to pay the necessary fees to determine the accurate legal description, and she will be happy to draft the deed for both parties.

Chairman Flak stated that it appears the other property owner, Mr. Henry, would get half of a half; Ms. Dring stated yes, Mr. Masid would get three-quarters. Flak asked why Mr. Masid should get three-quarters of the property. Ms. Dring stated Masid owns the majority of the parcels surrounding Barry Rd, and as it would break down in terms of a normal, common-law relationship, if you have several parcel owners with an alleyway that is not maintained by any municipal authority, the adjacent parcel owners are required to essentially split the alleyway down the middle and maintain it as a whole. She stated that they are requesting the split here be reflective of the same principle.

Chairman Flak stated that since we now understand Mr. Masid’s request, he would like to speak with Mr, Henry and do further research on this matter. Flak stated that the village has no interest in this matter; we just want to do what is right for the property owners. Chairman Flak stated this matter will be continued with a possible conference call to work toward a solution.

Audience member Lamar St Clair introduced himself and his girlfriend Heather, and advised they recently purchased the property at 716 Sunrise Circle, and he asked for a full copy of the Village Ordinances. Clerk Hayes advised she will provide the Code of Ordinances to him by email.

Motion by Anderson, seconded by Blessing to enter Executive Session at 8:05 pm; ayes: Anderson, Blessing, Sallach, Flak; motion carried.

Motion by Blessing, seconded by Sallach to exit Executive Session at 8:15 pm; ayes: Anderson, Blessing, Sallach, Flak; motion carried.

Motion by Blessing, seconded by Sallach to make no changes to Barry Avenue at this time and keep it as a road in the Village of Murray as it was before; ayes: Anderson, Blessing, Sallach, Flak; motion carried.
Motion by Blessing, seconded by Sallach to adjourn the meeting at 8:17 pm; ayes: Anderson, Blessing, Sallach, Flak; motion carried.

I, the undersigned Village Clerk of the Village of Murray, Nebraska, hereby certify that the foregoing is a true and correct copy of proceedings had and done by the Chairperson and the Board of Trustees of the Village of Murray to the best of my knowledge; that the agenda was kept continually current and available for public inspection at the office of the Village Clerk; that the minutes were in written form and available for public inspection within (10) working days and prior to the next convened meeting of said body; the minutes are published in summary form, upon request a complete copy is available at the Village Office.

Stanley D. Flak, Chairman
Shelli S. Hayes, Village Clerk

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