Village Board of Decatur
Regular Meeting
November 13, 2014
4:30 P.M.
The Board of the Village of Decatur met in regular session at 4:30 P.M. at the Community Center on November 13, 2014. Guests signing in were Alta Wolf, Cynthia Tompkins, Katie Novak, and Ellen Olson. Guest not signing in was Loretta Kellogg.
The meeting was called to order by Chairman Robert Richards.
Roll Call: Walt Bolln-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, Bob Richards-yes, Margaret Tolby-yes, Stephanie Warren-yes.
3) Approval and/or corrections and suspended reading of the previous months minutes.
Roll Call: Walt Bolln-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-Warren asked if there have been any applications turned in for the police officer position. An interview was scheduled with an applicant, but the applicant did not show up. Also an application was requested and sent to an interested individual. Warren stated that she heard the window had been broke out of the police car. The clerk told her that it is true and that an estimate for replacing the back window has been obtained. Warren will check with another company on an estimate for replacing the window before a decision is made on whether to turn it into insurance or the Village purchase one.
2. Lights: Monthly Report- Bolln had nothing to report.
- Water & Sewer: Monthly Report-Richards stated nothing much was going on with the water and sewer.
- Parks: Monthly Report- Tolby reported an income of $799.47, and she was informed that the park bathrooms have been winterized.
- Streets: Monthly Report –Warren had nothing to report.
- Recycling: No Income.
6) OLD BUSINESS
7) NEW BUSINESS
1. Check signer – Resolution #138
Tolby: I would like to introduce the following Resolution #138-Authorizing a Temporary Check Signer.
Richards: Clerk would you read Resolution #138-Authorizing a Temporary Check Signer.
Clerk: Read Resolution #138-Authorizing a Temporary Check Signer.
Tolby: I move that said Resolution #138-Authorizing a Temporary Check signer.
Warren: I second the motion.
Richards: Shall Resolution #138 Authorizing a Temporary Check Signer.
Roll Call: Bolln-yes, Richards-yes, Tolby-yes, Warren-yes.
Richards: Motion Carried.
RESOLUTION # 138
WHEREAS: The Village of Decatur, Burt County, Nebraska, does not currently have a Village Clerk or other non-Board Member authorized to sign checks on the Village of Decatur’s accounts; and
WHEREAS: It is required that all Village checks be signed by the Board Chairman and one non-Board Member;
THEREFORE BE IT RESOLVED by the Board of Trustees of the Village of Decatur, Burt County, Nebraska by majority vote that Joyce McCullock is hereby temporarily authorized to sign all checks as may be required in the processing and payment of the Village’s payroll and other liabilities.
Date: _11-13-2014____
Robert Richards
Vice Chairman
ATTEST:
Joyce McCullock
Assistant Village Clerk
-
Approve Planning Commission meeting minutes and approve special use permit for Bed & Breakfast at School building. (Public Hearing)
Tolby made a motion to approve Planning Commission meeting minutes. Warren seconded the motion. Roll Call: Richards-yes, Bolln-yes, Tolby-yes, Warren-yes.
PUBLIC HEARING
Tolby: I would like to make a motion to open the Public Hearing on the Special Use Permit for Bed & Breakfast.
Warren: I second the motion
Richards: Roll Call
Clerk: Bolln-yes, Richards-yes, Tolby-yes, Warren-yes.
Richards: Are there any questions from the audience or Board Members regarding this matter?
There were no questions.
Tolby: I make a motion to close the Public hearing on the Special Use Permit for Bed & Breakfast.
Warren: I second the motion.
Richards: Roll Call
Clerk: Bolln-yes, Richards-yes, Tolby-yes, Warren-yes.
Richards: The Public Hearing is closed.
Tolby: I make a motion to approve the Special Use Permit for Bed & Breakfast.
Bolln: I second the motion
Richards: Roll Call
Clerk: Richards-yes, Warren-yes, Tolby-yes, Bolln-yes
Richards: Motion Carries.
3. Bailey Beaumont – Community Garden. Bailey came to the table and introduced himself. He explained what his class project was and how he wanted to go about doing it. He thought having a Community Garden would be a good way to bring the community together. He needs a location and wondered if an area somewhere in Decatur would be available for his project. Some sites were discussed and it was suggested he attend the Fire Departments monthly meeting in December to inquire about using the lots located across the alley south from the Fire hall that are owned by the Fire Department. He thanked the Village for their time.
4. Barneys VII liquor license approval & hearing.
PUBLIC HEARING
Bolln: I would like to make a motion to open the public hearing on the application for Cynthia Tompkins liquor license for Barney’s VII.
Warren: I second the motion
Richards: Roll Call
Clerk: Richards-yes, Tolby-yes, Bolln-yes, Warren-yes.
Richards: Are there any questions from the audience or Board Members regarding this matter?
Alta Wolf asked Cynthia Tompkins what the name of the Bar will be. She replied that it will be referred to as Barney’s Bar, but the trade name on the application is Barney’s Bar VII.
Bolln: I make a motion to close the public hearing on the application for Cynthia Tompkins liquor license for Barney’s VII.
Warren: I second the motion.
Richards: Roll Call
Clerk: Richards-yes, Tolby-yes, Bolln-yes, Warren-yes
Richards: The public hearing is closed.
Bolln: I make a motion to approve the application for Cynthia Tompkins liquor license for Barney’s Bar VII.
Warren: I second the motion.
Richards: Roll Call
Clerk: Richards-yes, Tolby-yes, Bolln-yes, Warren-yes
Richards: Motion Carries.
5. Early appointment of Village Clerk. Bolln made a motion to go into executive session. Warren seconded the motion. Roll Call: Richards-yes, Tolby-yes, Bolln-yes, Warren-yes. Time: 4:40 pm. Warren did not take part in the executive session. Bolln made a motion to come out of executive session. Tolby seconded the motion. Roll Call: Richards-yes, Warren-yes, Bolln-yes, Tolby-yes. Time: 4:45 pm. Walt Bolln offered Stephanie Warren the job as clerk with a starting wage of $12.00 per hour and after 90 days a raise. Stephanie accepted the offer. Tolby seconded the motion. Roll Call: Richards-yes, Bolln-yes, Tolby-yes. Warren abstained from the roll call. She will give notice at her current job Monday Nov. 17th, 2014, but is unsure of a starting date right now. Warrens Board member position is up in December and if she starts for the Village before the December Board meeting she will resign her position as a Board member.
6. Thanksgiving turkeys for employees and Board members.
Tolby made a motion to give the employees and Board members a turkey for Thanksgiving. Warren seconded the motion. Roll Call: Richards-yes, Bolln-yes, Tolby-yes, Warren-yes.
7. Ordinance #11-13-2014 (1% Sales and Use Tax)
Richards: Village Clerk, would you please read the Ordinance 11-13-14
Village Clerk: Read the Ordinance 11-13-14
Richards: Are there any questions? Walt Bolln wanted to know how come the tax has to wait until April before it comes into effect. The clerk told him that is the date stated on the letter from the Nebraska Department of Revenue that the Village received.
Tolby: I would like to introduce Ordinance # 11-13-2014.
Warren: I second the motion to adopt Ordinance # 11-13-2014.
Richards: Roll Call Please:
Village Clerk: Bolln-yes, Richards-yes, Tolby-yes, Warren-yes
Tolby: I move for final passage on Ordinance # 11-13-2014.
Bolln: I second the motion
Richards: “Shall Ordinance # 11-13-14 be passed and adopted?” Roll Call:
Village Clerk: Richards-yes, Warren-yes, Tolby-yes, Bolln-yes
Richards : Ordinance #11-13-2014 has been passed by a majority of all members of the Council.
(Chairman signed the ordinance and the Village Clerk affixed the city seal and signed the ordinance)
ORDINANCE NO. 11-13-2014
AN ORDINANCE OF THE VILLAGE OF DECATUR, NEBRASKA, TO ADOPT AND IMPOSE A SALES and use tax, effective on and after april 1, 2015, of one percent (1%) upon the same transactions within the corporate limits of the village of decatur, burt county, nebraska, that are sourced under the provisions of the nebraska revenue act of 1967, as amended, on which the state of nebraska is authorized to impose SUCH a tax, ALL PURSUANT TO THE LOCAL OPTION REVENUE ACT; TO PROVIDE FOR THE ADMINISTRATION, ASSESSMENT, COLLECTION, CLAIMS, REMEDIES, PENALTIES, AND DISPOSITION OF SUCH SALES AND USE TAX; TO REPEAL ALL CONFLICTING ORDINANCES AND SECTIONS; AND TO PROVIDE AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CHAIRPERSON AND BOARD OF TRUSTEES OF THE VILLAGE OF DECATUR, NEBRASKA:
SECTION 1. Pursuant to the approval of the electors of the Village of Decatur, Nebraska, at the statewide general election held November 4, 2014, there is hereby adopted pursuant to the provisions of Neb. Rev. Stat. §§ 77-2701 through 77-27,135.01, as amended, known as the Nebraska Revenue Act of 1967, and Neb. Rev. Stat. §§ 77-27,142 through 77-27,148, as amended, known as the Local Option Revenue Act, a local sales and use tax effective on and after April 1, 2015, of one percent (1%) upon the same transactions within the corporate limits of the Village of Decatur, Burt County, Nebraska, that are sourced under the provisions of the Nebraska Revenue Act of 1967, as amended, on which the State of Nebraska is authorized to impose such a tax, except for transactions, if any, for which Nebraska law provides the local sales and use tax shall not be imposed.
SECTION 2. The administration of the sales and use tax imposed by this ordinance, the making of returns for the ascertainment and assessment, the provisions for tax claims and remedies, the laws governing consummation of sales, penalties, and collection, and for the disposition and distribution of the taxes so imposed and collected shall be as provided in Neb. Rev. Stat. §§ 77-27,142 through 77-27,148, as amended; §§ 77-2701 through 77-27,135.01, as amended; and pertinent Nebraska Department of Revenue rules and regulations.
SECTION 3. The tax imposed by this ordinance shall commence April 1, 2015.
SECTION 4. The Village Clerk shall immediately, and no later than December 2, 2014, furnish the Nebraska Department of Revenue a certified copy of this ordinance and a certified copy of a map of the Village of Decatur, Nebraska, showing its corporate boundaries, in a manner that conforms with Department of Revenue rules and regulations.
SECTION 5. All ordinances and sections in conflict herewith are hereby repealed.
SECTION 6. 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 13th day of November, 2014.
Robert Richards
Chairperson
Joyce McCullock
Village Clerk
8) CORRESPONDENCE
1. Therese Magill’s letter of resignation. Her resignation letter was passed around for all Board members to see.
2. Nick French has left employment from the Village. The Village is going to see if they can get along with what men they have for right now. The part time help will be used more if needed.
9) APPROPRIATIONS AND CONSIDERATION OF THE CLAIMS:
1) Claims preapproved by Tolby and Bolln
2) Motion to Approve the Claims as Submitted
Tolby 2nd Bolln
Roll Call: Richards-yes, Warren-yes, Tolby-yes, Bolln-yes.
Are there any questions from the audience? Alta Wolf asked if anything had been received from anyone for the police officer position. Bolln told her there have been two applicants. One was supposed to interview today, but didn’t show up. The other one is sending his application.
10) MOTION TO ADJOURN THE MEETING
Bolln 2nd Warren
Adjournment Time: 5:07 PM
_______________________________
Robert Richards
Chairman
_______________________________
ATTEST: Joyce McCullock
Assistant Village Clerk
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