VILLAGE OF ELM CREEK
BOARD OF TRUSTEES
PUBLIC HEARING MINUTES
AUGUST 16, 2023, 6:30P.M.

A Public Hearing of the Elm Creek Village Board of Trustees was convened in open and public session at the Elm
Creek Village Center, 535 W. Boyd Avenue, Elm Creek, Nebraska at 6:30p.m. on August 16, 2023. Advance Notice
of this meeting was given in advance thereof by posting of Notice in three public places within the Village and
publication in the Beacon Observer, as shown in the Certificate of Posting affixed to these minutes. Advance
Notice was simultaneously given to the Chairman and all members of the Board of Trustees and their
acknowledgment of receipt of Notice and the agenda are affixed to these minutes. Tanner Tool called the public
hearing to order at 6:31 p.m. by calling for the roll with the following members responding: Davis Miner, Michael
Strong & Tanner Tool. Absent: Mike Brown and Kyle Lawrence. Tanner announced that in accordance with
Section 84-1412 of the Nebraska Revised Statutes, a current copy of the Open Meetings Act is available for review
and is posted on the east wall of the meeting room.

Tanner announced this Public Hearing to hear public comment regarding renewal of a conditional use permit for
CHS, Inc grain handling services is now open for discussion. Dusty updated the board on the Planning
Commission’s recommendation to approve the renewal. He reported that the CHS Inc General Manager is going
to address the dust and odor issues with the current staff. With no further questions or comments, a motion was
made by Tanner and seconded by Michael to close the Public Hearing at 6:39PM. Ayes: Michael, Tanner, and
Davis. Nays: none. Absent: Mike and Kyle. The motion carried.

 

VILLAGE OF ELM CREEK
BOARD OF TRUSTEES
REGULAR MEETING MINUTES
AUGUST 16, 2023, IMMEDIATELY FOLLOWING PUBLIC HEARING

A Regular Meeting of the Elm Creek Village Board of Trustees was convened in open and public session at the Elm
Creek Village Center, 535 W. Boyd Avenue, Elm Creek, Nebraska on August 16, 2023, immediately following a
public hearing. Advance Notice of this meeting was given in advance thereof by posting of Notice in three public
places within the Village and publication in the Beacon Observer, as shown in the Certificate of Posting affixed to
these minutes. Advance Notice was simultaneously given to the Chairman and all members of the Board of
Trustees and their acknowledgment of receipt of Notice and the agenda are affixed to these minutes. Tanner Tool
called the meeting to order at 6:40p.m. by calling for the roll with the following members responding: Tanner
Tool, Davis Miner and Michael Strong. Absent: Mike Brown and Kyle Lawrence. Tanner announced that in
accordance with Section 84-1412 of the Nebraska Revised Statutes, a current copy of the Open Meetings Act is
available for review and is posted on the east wall of the meeting room.

CONSENT AGENDA
It was moved by Tanner and seconded by Davis to approve the Consent Agenda consisting of the minutes of the
Regular Meeting on July 20, 2023, and the Claims for the month of August in the amount of $141,336.88. Ayes:
Davis, Michael, and Tanner. Nays: none. Absent: Mike & Kyle. The motion carried.

SHERIFF’S REPORT:
Captain Bob Anderson from the Sheriff’s Department was in attendance. They are working with Elm Creek Public
Schools to do some training. The county has purchased door breaching kits for all of the rural schools that will be
delivered to Elm Creek soon. The Sheriff’s Office has instructed their directed patrol to look for Golf Cart and
ATV/UTV violations.

REGULAR AGENDA
AGENDA ITEM #1: DISCUSSION/ACTION RE: Approval of renewal of a Conditional Use Permit request made by
CHS, Inc. for grain handling services.
It was moved by Tanner and seconded by Davis to approve the renewal of a Conditional Use Permit as requested
by CHS, Inc for grain handling services.
Ayes: Davis, Tanner, and Michael. Nays: none. Absent: Mike and Kyle. The motion carried.

AGENDA ITEM #2: DISCUSSION/ACTION RE: Consider and approve Pay Application #1 to Tri City Concrete LLC
for Mill Street Paving Project #9-M5-1 $27,620.00
Dusty said the final bill was almost $3000 more than the bid. They extended the concrete further east than was
originally planned so it increased the cost.
It was moved by Tanner and seconded by Michael to approve the Pay Application #1 to Tri City Concrete LLC for
Mill Street Paving Project #9-M5-1 $27,620.00.
Ayes: Michael, Tanner, and Davis. Nays: none. Absent: Mike and Kyle. The motion carried.

AGENDA ITEM #3: DISCUSSION/ACTION RE: Approve and authorize the signing of the Municipal Annual
Certification of Program Compliance to the Nebraska Board of Public Roads Classifications and Standards 2023
by Resolution.
Tanner introduced and read in full Resolution 2023-5. It was moved by Tanner and seconded by Davis to approve
Resolution 2023-5 to approve the signing of the Municipal Annual Certification.
Ayes: Tanner, Michael, and Davis. Nays: none. Absent: Mike and Kyle. The motion carried.

AGENDA ITEM #4: DISCUSSION/ACTION RE: Consider and approve purchasing a generator for the main well
house utilizing ARPA funds.
Dusty presented a quote for a generator but since it is more than $30,000, we will open it up for bids. This item
was tabled until bids were received.

AGENDA ITEM #5: DISCUSSION/ACTION RE: Consider and approve the additional 1% Allowable Increase in the
Restricted Fund Authority
It was moved by Tanner and seconded by Davis to approve the additional 1% Allowable Increase in the Restricted
Fund Authority. Ayes: Tanner, Michael, and Davis. Nays: none. Absent: Mike and Kyle. The motion carried.

AGENDA ITEM #6: DISCUSSION/ACTION RE: Transfer $100,000 from the FirsTier Bank money market account
general fund to the FirsTier Bank checking account general fund
It was moved by Tanner and seconded by Davis to transfer $100,000 from the FirsTier Bank money market
account general fund to the FirsTier Bank checking account general fund. Ayes: Davis, Tanner, and Michael. Nays:
none. Absent: Mike and Kyle. The motion carried.

AGENDA ITEM #7: DISCUSSION/ACTION RE: Consider and approve street closure between Ag Dryer and Calkins
Ave on Tyler Street for the Lions BBQ entertainment.
It was moved by Tanner and seconded by Davis to approve the street closure between Ag Dryer and Calkins Ave
on Tyler Street for the Lions BBQ entertainment on Sunday, August 20th from 5:00-8:00. Ayes: Davis, Tanner, and
Michael. Nays: none. Absent: Mike and Kyle. The motion carried.

AGENDA ITEM #8: DISCUSSION/ACTION RE: Consider and approve street closure in front of FirsTier Bank on
September 15 from 11:00-2:00 for their Anniversary Celebration
It was moved by Tanner and seconded by Davis to approve street closure in front of FirsTier Bank on September
15 from 11:00-2:00 for their Anniversary Celebration. Ayes: Michael, Tanner, and Davis. Nays: none. Absent:
Mike and Kyle. The motion carried.

AGENDA ITEM #9: Buffalo Stampede
Tanner reported that there are a few new events that were added this year and some that they had to scale down
due to pricing. The committee’s goal for next year is to grow the committee and start planning earlier in the year.

DEPARTMENT REPORTS
BUILDING PERMITS – There have been multiple fence permits issued this month.
EMPLOYEE REPORTS – Budget expenditures were discussed, and copies of the proposed 2023/2024 budget were
handed out to the board for their review. The Annual Budget Hearing is scheduled for Wednesday, September 6,
2023, at 6:30pm. TL Sund will be starting on the S Tyler Street improvements in the next couple of weeks. There is
a Community Needs survey that has been distributed to residents and so far, there have been 74 completed. On
September 12 at 5:30pm there will be a SWOT Analysis Community Meeting at the Village Center and then on
October 18 at 5:30pm there will be a drafting of Community Belief Statements at the Village Center. Dusty is now
a member of the Buffalo County Community Partners Board. Amy sent out newsletters with a few reminders and
to let everyone know about the garbage rate increase that is effective September 1.
LIBRARY REPORTS- They have had good participation from both kids and adults with their planned activities. They
will be holding a book sale during the Buffalo Stampede.

AGENDA ITEM #10: Adjournment
All agenda items having been considered, it was moved by Michael Strong and seconded by Davis Miner to
adjourn this Regular Meeting. Ayes: Michael, Tanner, and Davis. Nays: none. The motion carried and the
meeting was adjourned at 7:51p.m.
__________________________________
Chairman-Elm Creek Village Board
ATTEST:
____________________________________
Village Clerk
(SEAL)