Village of Decatur Meeting Minutes

Village Board of Decatur
Regular Meeting
April 10, 2014
5:00 P.M.
The Board of the Village of Decatur met in regular session at 5:00 P.M. at the City Hall on April 10, 2014.

Guests signing in were Alta Wolf, Norma Farrens and Peggy Haeffner.
1)         The meeting was called to order by Chairman Jim Nicola.
Roll Call: Walt Bolln-here, Jim Nicola-here, Bob Richards-here, Margaret Tolby-here, Stephanie Warren-here.
2)         Agenda and minutes of the previous month’s meeting were received:
Roll Call: Walt Bolln-yes, Jim Nicola-yes, Bob Richards-yes, Margaret Tolby-yes, Stephanie Warren-yes
3)         Approval and/or corrections and suspended reading of the previous month’s minutes.
Roll Call: Walt Bolln-yes, Jim Nicola-yes, Bob Richards-yes, Margaret Tolby-yes, Stephanie Warren-yes.
4)         EXCUSE BOARD MEMBERS NOT ATTENDING MEETING:

All were present.
5)         REPORTS OF OFFICERS, BOARDS, AND OR COMMITTEES

1) Police Monthly Report
Chief McFarland came to the table and gave his police report to the Board. He stated his biggest issue was dogs. He has a couple of dogs that he believes should be declared dangerous. His last day will be November 1, 2014.

2) Lights Monthly Report

Nothing to report.

3) Water & Sewer Monthly Report
Nothing to report.
4) Parks Monthly Report

There was no income

A. Northeast School Sports Boosters letter asking for a donation of 2 or 3 nights of camping at Beck Park.

The Northeast sports boosters are asking for a gift certificate for 2 or 3 nights of camping at Beck/Busse Campground to be given away at the banquet.
Warren made a motion to give them 3 nights of camping. Tolby seconded the motion.
Roll Call: Bolln-yes, Nicola-yes, Richards-yes, Warren-yes, Tolby-yes.

B. Storm Shelter for Beck/Busse Memorial Campground

There was discussion on the storm shelter for Beck Park. They decided that the structure would be concrete 16×16 with 8 foot ceilings and 4 foot opening to enter. The storm shelter would be located on the bank below the existing pavilion. Bolln stated he would see if we could use Christiansen’s steel forms. Peggy Haeffner told the Board that the Foundation would like to donate to this project, there are other organizations that would like to help also. Nicola informed the Board that they would get together some prices by next week.

5) Streets Monthly Report

The Broadway bridge is open. Nicola told the Board that there needs to be a new grate on the storm sewer on the corner of Broadway and West 9th Street.

6) Recycling Monthly Report            – No income
6)         OLD BUSINESS

1.Ordinance #2/14 Final Reading Annexing Tract 1 of the Riverview Addition into the Village of Decatur.
Nicola asked the Village Clerk, would you please read the Ordinance 2/14

ORDINANCE NO. 2/14

AN ORDINANCE OF THE VILLAGE OF DECATUR, BURT COUNTY, NEBRASKA, TO EXTEND THE BOUNDARIES AND INCLUDE WITHIN THE CORPORATE LIMITS OF, AND ANNEX TO, THE VILLAGE OF DECATUR, BURT COUNTY, NEBRASKA, A TRACT OF REAL ESTATE LOCATED WITHIN SECTION 1, TOWNSHIP 23 NORTH, RANGE 10, EAST OF THE 6^TH P.M., BURT COUNTY, NEBRASKA; TO REPEAL ALL CONFLICTING ORDINANCES; AND TO PROVIDE FOR AN EFFECTIVE DATE.

BE IT ORDAINED BY THE CHAIRPERSON AND BOARD OF TRUSTEES OF THE VILLAGE OF DECATUR, BURT COUNTY, NEBRASKA:

Section 1. It is hereby found and determined by the Chairperson and Board of Trustees:

a. There is a tract of land located in Section 1, Township 23 North, Range 10, east of the 6^th P.M., Burt County, Nebraska, more particularly described as follows:
A tract of land located in Section 1, Township 23 North, Range 10, east of the 6^th P.M., Burt County, Nebraska, being more particularly described as follows: Beginning at the most Easterly corner of Lot 12 of the Riverview Addition to the original Village of Decatur, Burt County, Nebraska, thence South 46°45’00” West, on the Southeasterly line of said Lot 12, a distance of 104.66 feet to the most Southerly corner of said Lot 12; thence South 39°15’00” East, on the extended Southwesterly line of said lot 12, a distance of 81.53 feet; thence North 46°45’00” East parallel with the Southeasterly line of said Lot 12, a distance of 116.27 feet to a point on the right bank of the designed channel of the Missouri River, thence North 47°25’00” West on the said right bank, a distance of 81.55 feet back to the point of beginning;

b. Said tract of land is adjacent to the corporate limits of the Village of Decatur, Burt County, Nebraska; is urban or suburban land; and is not agricultural land rural in character; and

c. The owners of said tract of land desire that it be annexed to the Village of Decatur, Burt County, Nebraska.

Section 2. Therefore, the following tract of real estate is hereby annexed to and included within the corporate limits of the    Village of Decatur, Burt County, Nebraska, to wit:

A tract of land located in Section 1, Township 23 North, Range 10, east of the 6^th P.M., Burt County, Nebraska, being more particularly described as follows:

Beginning at the most Easterly corner of Lot 12 of the Riverview Addition to the original Village of Decatur, Burt County, Nebraska, thence South 46°45’00” West, on the Southeasterly line of said Lot 12, a distance of 104.66 feet to the most Southerly corner of said Lot 12; thence South 39°15’00” East, on the extended Southwesterly line of said lot 12, a distance of 81.53 feet; thence North 46°45’00” East parallel with the Southeasterly line of said Lot 12, a distance of 116.27 feet to a point on the right bank of the designed channel of the Missouri River, thence North 47°25’00” West on the said right bank, a distance of 81.55 feet back to the point of beginning.
Section 3. A certified copy of this ordinance shall be made and filed as provided by law for record in the offices of the County Clerk of Burt County, Nebraska, and County Assessor of Burt County, Nebraska.
Section 4. Ordinances or parts of ordinances in conflict herewith are hereby repealed.

Section 5. This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law.

PASSED AND APPROVED THIS 10 day of April, 2014.
James Nicola
Chairperson of Board of Trustees

ATTEST:

Therese Magill
Village Clerk

Nicola asked if there any questions?
There were none

Richards introduced Ordinance #2/14 .
Warren seconded the motion to adopt Ordinance #2/14 .

Roll Call:Bolln-yes, Nicola-yes, Tolby-yes, Richards-yes, Warren-yes.

Richards moved for final passage on Ordinance # 2/14 .

Warren seconded the motion

Nicola asked: “Shall Ordinance #2/14 be passed and adopted?”
Roll Call: Bolln-yes, Nicola-yes, Tolby-yes, Richards-yes, Warren-yes.

Nicola stated Ordinance #2-27-2014 has been passed by a majority of all members of the Council.

7)         NEW BUSINESS
1. Shanda McCullock-Permission to serve alcohol for Wedding reception on May 17, 2014.
Bolln made a motion to allow Shanda McCullock to serve alcohol at her wedding reception on May 17, 2014.
Warren seconded the motion.
Roll Call: Nicola-yes, Richards-yes, Tolby-yes, Bolln-yes, Warren-yes.

2. Community Club – Liquor License for the June 13, 2014 dance, June 14, 2014 barbeque contest, and June 15,            2014 Pancake Feed. Kay Kellogg requested permission for the Community Club to serve liquor Friday June 14th    from 8:00 p.m. to 1:00 p.m. at the dance, on Saturday June 15^th for the barbeque cook off from 8:00 a.m. to 10:00     p.m., and on June 16^th from 6:00 a.m. to 1:00 p.m. for the pancake feed.

Richards made a motion to allow all the liquor licenses for the Community Club.
Bolln seconded the motion.
Roll Call: Nicola-yes, Tolby-yes, Warren-yes, Richards-yes, Bolln-yes.
3. Decatur Museum – Close off 8th Street from alley to Broadway for kid’s carnival games Saturday June                       14^th.
Norma Farrens came to the table to talk to the Board about Riverfront Days. After all the discussion Richards made a motion to approve the closing of the street for the old fashioned carnival.
Bolln seconded the motion.
Roll Call: Nicola-yes, Tolby-yes, Warren-yes, Richards-yes, Bolln-yes.

4. Fire Department – Liquor license for fish fry June 13, 2014.
Richards made a motion to approve the liquor license for the Fire Department on June 13, 2014 for the fish fry.
Bolln seconded the motion.
Roll Call: Nicola-yes, Tolby-yes, Warren-yes, Richards-yes, Bolln-yes.
5. Resolution #136-Imposing a 1% Local Option Sales Tax on the November ballot.

Richards introduced the following: Resolution # 136-Imposing a Sales and Use Tax in the amount of 1% upon the same transactions within the Village on which the State of Nebraska is authorized to impose a tax.

Nicola asked the Clerk to read Resolution # 136-Imposing a Sales and Use Tax in the amount of 1% upon the same transactions within the Village on which the State of Nebraska is authorized to impose a tax.

                                                            RESOLUTION NO. 136
WHEREAS Nebraska law, commonly known as the Local Option Revenue Act, Neb. Rev. Stat. §§ 77-27,142 to 77-27,148, authorizes the Village of Decatur, Nebraska, to impose a sales and use tax upon the same transactions that are sourced under the provisions of sections 77-2703.01 to 77-2703.04 within the Village on which the State of Nebraska is authorized to impose a tax pursuant to the Nebraska Revenue Act of 1967, as amended from time to time, subject to the approval of a majority of qualified electors of the Village.

NOW, THEREFORE, BE IT RESOLVED by the Chairperson and Board of Trustees of the Village of Decatur, Nebraska, that an election be conducted by the Burt County, Nebraska, Clerk on November 4, 2014, submitting the question of whether the Village of Decatur, Nebraska, shall impose a sales and use tax of one percent (1%) upon the same transactions that are sourced under the provisions of sections 77-2703.01 to 77-2703.04 within the Village on which the State of Nebraska is authorized to impose a tax pursuant to the Nebraska Revenue Act of 1967, as amended from time to time.

IT IS FURTHER RESOLVED that the following question in the form shown below shall be submitted to the qualified electors of the Village of Decatur, Nebraska, for their approval or disapproval at the election on November 4, 2014; and shall be published as required by law as notice in a legal newspaper of general circulation in the Village not more than thirty (30) days nor less than ten (10) days previous to the election, in addition to any other notice of election required by law. The ballot and notice shall be substantially the following form:
Question Submitted
Shall the Chairperson and Board of Trustees of the Village of Decatur, Nebraska, impose a sales and use tax in the amount of one percent (1%) upon the same transactions within the Village on which the State of Nebraska is authorized to impose a tax?

YES     (for the tax)

NO      (against the tax)

Electors desiring to vote in favor of the question shall blacken the oval preceding the word “YES” (for the tax).
Electors desiring to vote against the question shall blacken the oval preceding the word “NO” (against the tax).

NOTICE IS GIVEN that on Tuesday, November 4, 2014, at the usual polling places in the Village of Decatur, Nebraska, an election will be held at which there will be submitted to the electors of the Village, for their approval or rejection, the foregoing question. The polls shall be open from 8:00 a.m. to 8:00 p.m. on the day of the election.
IT IS FURTHER RESOLVED that a certified copy of this Resolution shall be filed with the Burt County, Nebraska, Clerk, by September 1, 2014, pursuant to law.

Passed and adopted this 10th day of April, 2014.

James Nicola
Chairperson of the Board

ATTEST:

Therese Magill
Village Clerk

Richards moved that said Resolution #136-Imposing a Sales and Use Tax in the amount of 1% upon the same transactions within the Village on which the State of Nebraska is authorized to impose a tax be passed.

Bolln second the motion

Nicola asked: Shall Resolution #136-Imposing a Sales and Use Tax in the amount of 1% upon the same transactions within the Village on which the State of Nebraska is authorized to impose a tax be passed and adopted
Roll Call: Nicola-yes, Tolby-yes, Warren-yes, Richards-yes, Bolln-yes.
Nicola stated that the motion carried.

6.         Ordinance #4/14-Changing meeting time to 2nd Thursday at 4:30 PM

Nicola asked the Clerk to read Ordinance #4/14

ORDINANCE NO. 4/14

AN ORDINANCE OF THE VILLAGE OF DECATUR, NEBRASKA, TO AMEND SECTION 33.03 OF THE VILLAGE CODE, TO CHANGE the HOUR AT WHICH REGULAR MEETINGS OF THE BOARD OF TRUSTEES SHALL BE HELD; to repeal conflicting ordinances and sections; to provide an effective date.

BE IT ORDAINED BY THE CHAIRPERSON AND BOARD OF TRUSTEES OF THE VILLAGE OF DECATUR, NEBRASKA:

SECTION 1. Section 33.03 of the Code of Decatur, Nebraska, is amended to read as follows:

§ 33.03 WHEN; WHERE; QUORUM.

(A) The meetings of the Board of Trustees shall be held at the village hall. Regular meetings shall be held on the second Thursday of each month at the hour of 4:30 p.m.

(B) At all meetings of the Board of Trustees a majority of the Board shall constitute a quorum to do business. A smaller number may adjourn from day to day and compel the attendance of the absent members. Whether a quorum is present or not, all absent members shall be sent for and compelled to attend. (Neb. Rev. Stat. § 17-205).

(C) At the hour appointed for the meeting, the Municipal Clerk shall proceed to call the roll of members and announce whether a quorum is present. If a quorum is present, the Board shall be called to order by the Chairperson.

SECTION 2. All ordinances in conflict herewith are hereby repealed.

SECTION 3. This Ordinance shall be in full force and take effect from and after its passage, approval, and publication or posting according to law.

Passed and approved this 10th day of April, 2014.

James Nicola
Chairperson

Therese Magill
Village Clerk

Nicola asked if there were any questions?
Bolln mentioned that maybe changing the meeting time to 4:30 would make it difficult for people who work to make it to the meeting. Nicola said the main reason he suggested the time change was because the Village office closes at 4:30 and the Clerks have to wait until 5:00 for the meeting to start. Warren commented that she is for the 4:30 meeting because it gives people a chance to get out of the meeting early and have the rest of their evening. Bolln said he was just bringing it up that it really doesn’t matter to him, that 4:30 was fine but he was thinking about the public. Richards added that there has never been a problem with 5:00 for anyone, and if someone needs the meeting at an earlier time we could accommodate them.
Richards introduced Ordinance #4/14.
Tolby seconded the motion to adopt Ordinance #4/14.
Roll Call: Bolln-yes, Nicola-yes, Warren-yes, Richards-yes, Tolby-yes.
Richards moved for final passage of Ordinance #4/14.
Warren seconded the motion.
Nicola asked if Ordinance #4/14 be passed and adopted?
Roll Call: Bolln-yes, Nicola-yes, Tolby-yes, Richards-yes, Warren-yes.
Ordinance # 4/14 has been passed by a majority of all members of the Council.

7. Newspaper ad to advertise bids for Commercial and Health insurance.
Bolln made a motion to advertise for bids for Commercial and Employee Health insurance in both the Lyons Mirror Sun and the Plaindealer. Warren seconded the motion.
Roll Call: Nicola-yes, Richards-yes, Tolby-yes, Bolln-yes, Warren-yes.
Motion carries.

8. Building permit fees
There was much discussion on this item. The Village clerk asked, Tekamah, Oakland and Lyons for copies of their building permit fees. They were given to the Board members to look over. There was much discussion on this topic.
Richards made a motion to table this agenda item until next month. Bolln seconded the motion.
Roll Call: Nicola-yes, Tolby-yes, Warren-yes, Richards-yes, Bolln-yes.

8)         ANNOUNCEMENTS

1. Red Barn Clinic-April 24, 2014 from 6:30 PM to 7:30 PM at the fire hall.

2. Clean-up Day May 31, 2014, $100.00 donation to the Senior Center for meal and find someone to haul the metal.

It was decided that the Village would do the metal, and keep the proceeds from the sale of the scrap iron.
Bolln made a motion to donate $100.00 to the Senior Center for the meal on cleanup day. Warren seconded the motion.
Roll Call: Nicola-yes, Richards-yes, Tolby-yes, Bolln-yes, Warren-yes.

9)         APPROPRIATIONS AND CONSIDERATIONS OF THE CLAIMS:

1) Claims preapproved by Bolln, Nicola and Tolby

2) Motion to Approve the Claims as Submitted
_{Richards 2nd Bolln}

Roll Call: Nicola-yes, Tolby-yes, Warren-yes, Richards-yes, Bolln-yes.

Nicola asked if there were any more questions from the audience?

Alta Wolf asked about the camping donated to the Northeast Sports Boosters. She thought they were all staying at the park. It was explained to her that it was just gift certificates that were being donated.
10)       MOTION TO ADJOURN THE MEETING

Bolln 2nd Warren

ADJOURNMENT TIME 5:55 P.M.
 

Jim Nicola
Chairman
Therese Magill

Village Clerk