May 12, 2025-5:30pm
700 Box Butte Ave. Hemingford, NE. 69348
Zoom Virtual Meeting information
Meeting ID 830 8800 7405 Passcode 071456
Pledge of Allegiance
Opening prayer by – Jake Frost
Public Open Meeting Act poster location was pointed out on the north wall of Council Chambers located at the Village office.
Meeting called to order at 5:30 p.m.
Present: Frost, Hunter, Mahoney, Smith, Wacker
Discussion and Possible action: Amendment to Hemingford Lease of the Care Center with Future Nebraska at Hemingford LLC. Straub reported that despite several weeks of negotiation, there is no agreement for approval at this time. Updates to the version presented to the Board include Senex changed Item K “TRANSFER OF LICENSE” to allow 15 days to apply for license transfers, as well as Item P “GOVERNMENT AUTHORIZATIONS” to allow 15 days to apply for all government authorizations necessary. Senex also agreed to indemnify the Village, subject to the insurance limits. Item H regarding government takebacks overpayment and adjustments has not changed. Senex expects the Village to be liable for takebacks, whether such claim is related to events that occurred prior to or after the Effective Date. Regarding item C “RETURN OF CAPITAL EXPENSES” Exhibit A was supplied to the Village but is very vague, the Village has requested actual paid invoices to document the expenses, however, has not been supplied that documentation to substantiate the amount of THIRTY-FIN THOUSAND DOLLARS AND NO CENTS. ($35,000.00). Item N, “ASSUMPTION OF CONTRACTS AND AGREEMENTS” the expectation of Senex is that the Village assume all vendor contracts and agreements, regardless of whether the same are able to be assumed by the Village. A vendor list with existing agreements or contracts has been requested but to date not received. Requested information on the vendor list, included vendor name, service provided, amount of monthly payment or contractual payment, expiration date of each contract or agreement. As this list has not been supplied the Board members further requested statements of good standing from each of the vendors should the matter proceed.
The final concern was a last -minute email sent to the Village, Thursday, May 8, 2025, 8:12am, stating that there would be another provision added to the Lease Termination Agreement “In light of what’s going on at Crawford and Mitchell, I asked Kevin to make an additional revision to clarify that the Village won’t be using
the services of another Lessee or management company. I hope you don’t mind reassuring me!” Board members voiced extreme discomfort in the Village agreeing to any sort of restriction on how it would do business going forward, of the Village assuming any government takebacks from reporting prior to the date of transition, due to unknown liability and reporting by Senex.
Senex has stated that these provisions are “dealbreakers” and will need to remain as written if there is to be a return of the Care Center to the Village. Board members agreed that if there is no flexibility in the points discussed above, then the Board’s position is to discontinue further conversation on this matter and not assume control and ownership of the Care Center.
Discussion and possible action: Removal of playground structures at the park, Straub reported that she has been unable to secure a contractor willing to take the playground equipment down at the park and reconstruct it at the ballfields. This is due to liability issues as well as uncertain time line. The Village does not have a date when the new structures are to be installed and is reluctant to take the old structures out to far in advance of the new ones being put in, leaving the Hemingford children with not playground for an extended amount of time. Straub was directed to contact Shelby Peltz with Chalk Butte Country School and donate the old play structure if they would be willing to remove the structure and be willing to be on a flexible schedule for removal. Straub will report status of the playground at the next regular meeting of the Hemingford Board of Trustees.
Motion to adjourn at 6:08 pm by Mahony, Second by Hunter.
Voting Aye: Frost, Hunter, Mahoney, Smith, Wacker.
ATTEST: Richard Wacker, Chairman
Barb Straub, Village Clerk
Publish: July 2, 2025
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