VILLAGE OF DECATUR REGULAR BOARD MEETING October 12th, 2022 @ 4:30 PM NOTE: Everyone must use the microphones at the table. The audience must be quiet during the meeting. If you want to ask a question and you are not on the agenda, you must raise your hand, get permission from the Chairman, and come to the microphone before speaking. If you are on the agenda the same rule applies. THE VILLAGE BOARD HAS THE RIGHT TO MODIFY THE AGENDA AT THE REGULAR MEETING WHEN CONVENED. MEETING IS OPEN TO THE PUBLIC. A COPY OF THE OPEN MEETINGS ACT IS LOCATED ON THE NORTH WALL. A COPY OF THE MEETING NOTICE WAS POSTED AT THE CITY HALL, POST OFFICE, FIRST NEBRASKA BANK, AND DECATUR EXPRESS. The guest signing in were Debbie Krutilek and Rod Nelson. 1) REGULAR MEETING CALLED TO ORDER BY CHAIRMAN SIECKE Roll Call: Hightree-yes, Klatt-absent, Siecke-yes, Troutman-yes, Warren-yes. Quorum Present? Yes 2) EXCUSE BOARD MEMBERS NOT ATTENDING THE MEETING: Michael Klatt not able to attend the meeting has to work until 6:30 PM. Roll Call: Hightree-yes, Klatt-absent, Siecke-yes, Troutman-yes, Warren-yes. 3) AGENDA AND MINUTES OF THE PREVIOUS MONTH'S MEETING RECEIVED: Roll Call: Hightree-yes, Klatt-absent, Siecke-yes, Troutman-yes, Warren-yes. 4) APPROVAL AND/OR CORRECTION AND SUSPENDED READING OF THE PREVIOUS MONTH MINUTES. There were no corrections stated. Roll Call: Hightree-yes, Klatt-absent Siecke-yes, Troutman-yes, Warren-yes. 5) REPORTS OF OFFICERS, BOARDS AND OR COMMITTEES: 1) Police: Monthly Report: A) No Report B) Siecke stated that the background check is being completed on Joshua Townsend as a part-time Police Officer. Spoke with Brittney Hedlund today and she would still like to work part-time for the Village. 2) Lights: Monthly Report: A) Two meters pulled. They have both been put back in. B) 32 cutouts have been put in on the east side of the Village. Burt County Public Power will be installing 39 cutouts on the west side of the Village sometime in November, and another 39 in December. C) Warren stated that the company that trims trees out the electrical lines are not doing a very good job. There are still a lot of trees that need to be trimmed. The Board discussed the trees that need trimmed along the highway at the north end of the Village. Warren does not believe it is the Village’s responsibility to get them trimmed, he believes that it should be the State. Siecke stated that we should contact someone with the NDOT. D) The Village has had complaints about the new lights on the highway are too bright. Warren asked if a shield could be installed? Hightree stated he would check into this. 3) Water & Sewer: Monthly Report: A. Water Loss. B. The effluent pump will be put in at the lift station on November 18,2022. C. The grinder pump will be put in at the sewer plant on November 18, 2022. D. The lift stations will be put on a two-year maintenance rotation. E. The well parts will be in at the end of November. 4) Parks: Monthly Report: A. October Income $1,923.82. B Warren stated the speed bumps could be pulled for the winter months. 5) Streets: Monthly Report: A. August Sales Tax-$12,944.18, ½ to LB840 November Hwy Allocation-$6,859.41. 6) Sears Center Monthly Report A) TVs are working at the Sears Center. Black Diamond came and looked at them, the was a bad end on the cable outside, and one had been hit with a weed eater. They put the lower cable in conduit so that would not happen again. 7) NEW BUSINESS 1. Resolution #176-Signing of Preliminary Engineering Services Agreement-BK2256, Village of Decatur. Siecke read Resolution #176. Resolution No. 176 WHEREAS: Village of Decatur is developing a transportation project for which it intends to obtain Federal Funds; and WHEREAS: Village of Decatur as a sub-recipient of Federal-Aid funding is charged with the responsibility of expending said funds in accordance with Federal, State, and local laws, rules, regulations, policies, and guidelines applicable to the funding of the Federal-aid project; and WHEREAS: Village of Decatur and Mainelli Wagner & Associates, Inc. wish to enter into a Professional Services Agreement to provide Preliminary Engineering Services for the Federal-aid project. Be It Resolved: by the Village Council of Decatur that: Mark A Siecke, Chair of the Village Council of Decatur, is hereby authorized to sign the attached Preliminary Engineering Services agreement between Village of Decatur, Nebraska and Mainelli Wagoner & Associates, Inc. NDOT Project Number: BRO-7011(14) NDOT Control Number: 32412 NDOT Project Description: Broadway St – Decatur Board/Council Member Moved the adoption of said resolution Member Warren made the motion to adopt Resolution #176. Hightree seconded the Motion. Roll Call: 4 Yes 0 No 0 Abstained 1 Absent Adopted this 9th day of November, 2022 at Village of Decatur, Nebraska. The Village Council of Decatur, Nebraska Mark A Siecke Wayne Hightree Don Warren Jason Troutman Resolution adopted, signed and billed as adopted. ATTEST: Therese M Magill Signature Village Clerk 2. Justin Boden (Broadway Brothers)-Close Sidewalk Area for Outdoor Drinks at Broadway Brothers. Derek Swanson came to the table to request fencing off the west sidewalk in front of Broadway Brothers on Wednesday, November 23, 2022 from 11:00 AM to 1:00 AM on Thursday, November 24, 2022. Troutman made a motion to allow Broadway Brothers to fence off the west sidewalk in front of Broadway Brothers on Wednesday, November 23, 2022 from 11:00 AM to 1:00 AM on Thursday, November 24, 2022. Hightree seconded the motion. Roll Call: Siecke-yes, Warren-yes, Troutman-yes, Hightree-yes. 3. Planning Commission Recommendation from their Public Hearing on Lot Split Applications. The Planning Commission signed off on the two lot split applications. 4. Public Hearing on Resolution #177-Approving a Lot Split of Real Estate Located Within the Subdivision Jurisdiction of the Village, To Wit: Lots 14, 15, and 16, Block 7, Original, Village of Decatur, Burt County Nebraska. Warren made a motion to open the Public Hearing at 4:47 PM. Hightree seconded the motion. Roll Call: Siecke-yes, Troutman-yes, Warren-yes, Hightree-yes. There were no questions from the audience. The Board members discussed the Lot Split Application. The Public Hearing was closed at 4:52 PM. 5. Resolution #177-Approving a Lot Split of Real Estate Located Within the Subdivision Jurisdiction of the Village, To Wit: Lots 14, 15, and 16, Block 7, Original, Village of Decatur, Burt County Nebraska. Siecke read the resolution. RESOLUTION NO. 177 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF DECATUR, NEBRASKA, APPROVING A LOT SPLIT OF REAL ESTATE LOCATED WITHIN THE SUBDIVISION JURISDICTION OF THE VILLAGE, TO WIT: LOTS 14, 15, AND 16, BLOCK 7, ORIGINAL, VILLAGE OF DECATUR, BURT COUNTY, NEBRASKA. WHEREAS the record owner of Lots 14, 15, and 16, Block 7, Original, Village of Decatur, Burt County, Nebraska, has requested approval of a split of said lots in the manner as depicted on the plat of survey attached hereto for reference purposes; WHEREAS the split of said lots as depicted on the plat of survey attached hereto will not adversely affect the orderly growth and development of the Village, and said split will satisfy the minimum area and all other regulations of the zoning district in which they are located; and WHEREAS the Planning Commission of the Village, after a duly noticed public hearing and meeting, has recommended the lot split be approved; NOW, THEREFORE, IT IS HEREBY RESOLVED by the Chairperson and other members of the Village Board of Trustees that that the split of Lots 14, 15, and 16, Block 7, Original, Village of Decatur, Burt County, Nebraska, as depicted on the survey attached hereto should be and hereby is approved. Troutman made a motion to adopt Resolution #177. Warren seconded the motion. Roll Call: Hightree-yes, Siecke-yes, Troutman-yes, Warren-yes. Passed and adopted this 9th day of November, 2022. Mark A Siecke Chairperson ATTEST: Therese M Magill Village Clerk 6. Public Hearing-Lot Split Application-John Maryott-Part of Lot 5 of Section 6, Township 23 North, Range 11, East of the 6th P.M., Burt County Nebraska. Hightree made a motion to close the Regular meeting and open the Public Hearing at 4:55 PM Warren seconded the motion. Roll Call: Siecke-yes, Troutman-yes, Hightree-yes, Warren-yes. There were no questions from the audience. The Board discussed the Lot Split Application. The Public Hearing was closed at 5:01 PM. 7. Resolution # 178-Approving a Lot Split/Subdivision of Real Estate, Located Within the Subdivision Jurisdiction of the Village to Wit: Part of Lot 5 of Section 6, Township 23 North, Range 11 East of the 6th P.M., Burt County, Nebraska. Siecke read Resolution #178 RESOLUTION NO. 178 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF DECATUR, NEBRASKA, APPROVING A LOT SPLIT / SUBDIVISION OF REAL ESTATE LOCATED WITHIN THE SUBDIVISION JURISDICTION OF THE VILLAGE, TO WIT: PART OF LOT 5 OF SECTION 6, TOWNSHIP 23 NORTH, RANGE 11 EAST OF THE 6TH P.M., BURT COUNTY, NEBRASKA. WHEREAS the record owner of part of Lot 5 of Section 6, Township 23 North, Range 11 East of the 6th P.M., Burt County, Nebraska, has requested approval of a split of said lot in the manner as depicted on the plat of survey attached hereto for reference purposes; WHEREAS the split of said lot as depicted on the plat of survey attached hereto will not adversely affect the orderly growth and development of the Village, and said split will satisfy the minimum area and all other regulations of the zoning district in which they are located; and WHEREAS the Planning Commission of the Village, after a duly noticed public hearing and meeting, has recommended the lot split be approved; NOW, THEREFORE, IT IS HEREBY RESOLVED by the Chairperson and other members of the Village Board of Trustees that that the split of Lot 5 of Section 6, Township 23 North, Range 11 East of the 6th P.M., Burt County, Nebraska, as depicted on the survey attached hereto should be and hereby is approved. Warren made a motion to adopt Resolution #178 Lot Split/Subdivision of Real Estate, Located Within the Subdivision Jurisdiction of the Village to Wit: Part of Lot 5 of Section 6, Township 23 North, Range 11 East of the 6th P.M., Burt County, Nebraska. Troutman seconded the motion. Roll Call: Hightree-yes, Siecke-yes, Warren-yes, Troutman-yes. Passed and adopted this 9th day of November, 2022. Mark A Siecke Chairperson ATTEST: Therese M Magill Village Clerk 8. Village Clerk emailed the information below to four of the Board members separately on 10/18/2022. Peggy Haeffner from The Future of Decatur Foundation called, The Foundation was going to send a check to Crouch Recreation in the amount of $166,305.00 for a second payment on the Splash Pad. If the Foundation pays it, they will be charged $12,472.87 for sales tax. Would it be okay if the Village pays it and the Foundation will reimburse the Village on Monday, October 24, 2022? Troutman-yes per phone call. Warren-yes per phone call. Hightree-yes in person. Siecke-yes per email. Klatt-no response. 9. Electric Pump-Bid for Control Panel for the Muffin Monster-$3,980.00. The Control Panel had to be replaced. It has been put in. 10. Tire for David Six, ruined tire at the dump, does not want the Village to pay for all of the tire, $75.40. The Board discussed putting a sign at the dump stating Enter at Your Own Risk. Hightree made a motion to pay the $75.40 for the tire. Troutman seconded the motion. Roll Call: Siecke-yes, Warren-yes, Hightree-yes, Troutman-yes. 11. Resolution #179-Levying as a Special Assessment Against Lot 6, Block 21, Village of Decatur, Nebraska, Burt County, Nebraska, The Cost of Demolition of the Unsafe Structure Previously Located Thereon, Effective July 9, 2019. Siecke read the Resolution RESOLUTION NO. 179 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF DECATUR, NEBRASKA, LEVYING AS A SPECIAL ASSESSMENT AGAINST LOT 6, BLOCK 21, VILLAGE OF DECATUR, BURT COUNTY, NEBRASKA, THE COST OF DEMOLITION OF THE UNSAFE STRUCTURE PREVIOUSLY LOCATED THEREON, EFFECTIVE JULY 9, 2019. WHEREAS the Village incurred costs and expenses to demolish an unsafe structure located at Lot 6, Block 21, within the Village, after the property owner(s) failed to comply with a notice to demolish it; WHEREAS Nebraska law, Neb. Rev. Stat. § 18-1722, and Village Code § 150.45 provide the Board of Trustees may levy the cost of doing so as a special assessment against the lot or real estate upon which the structure was located, to be collected in the manner provided for special assessments; WHEREAS the Village previously indexed against Lot 6, Block 21, a “Notice of Lien for Services,” in the office of the Register of Deeds of Burt County, Nebraska, at Misc. Book 57, Page 514, Instrument No. 2019-63427, on July 9, 2019, and such Notice should be construed and ratified as the levying of a special assessment, effective as of that date. NOW, THEREFORE, BE IT RESOLVED by the Chairperson and members of the Board of Trustees of the Village of Decatur, Nebraska: Section 1. Costs and expenses in the total amount of $10,680.00 are levied as a special assessment lien against Lot 6, Block 21, Village of Decatur, Burt County, Nebraska, all pursuant to the above-referenced previous “Notice of Lien for Services,” Neb. Rev. Stat. § 18-1722, and Village Code § 150.45, effective July 9, 2019. Section 2. The Village of Decatur, Nebraska, will itself collect said special assessment. The Village Clerk is hereby directed to provide notice to the record owners of Lot 6, Block 21, at their last-known addresses, that said special assessment is due and owing as of July 9, 2019, together with any interest or penalties according to law. The Village Clerk is also hereby directed to index a certified copy of this Resolution in the office of the Register of Deeds of Burt County, Nebraska. Troutman made a motion to adopt Resolution #179 Levying as a Special Assessment Against Lot 6, Block 21, Village of Decatur, Burt County, Nebraska, the Cost of Demolition of the Unsafe Structure Previously Located Thereon, Effective July 9, 2019. Warren seconded the motion. Roll Call: Hightree-yes, Siecke-yes, Troutman-yes, Warren-yes. Passed and adopted this 9th day of November, 2022. Mark A Siecke Chairperson, Board of Trustees ATTEST: Therese M Magill Village Clerk 12. Allowing Gilmore and Associates to sign DMR’s Hightree made a motion to allow Gilmore and Associates to sign DMR’s. Troutman seconded the motion. Roll Call: Siecke-yes, Warren-yes, Hightree-yes, Troutman-yes. Siecke asked the Board members about the employees and the day after Thanksgiving? The Board members stated if any employees want to take the Friday after Thanksgiving they would have to use their vacation. 13. Planning Commission Meeting Minutes from their October 19, 2022 meeting. A copy of the Planning Commission Meeting Minutes are available to view at the Village Office. 8) CORRESPONDENCE AND ANNOUNCEMENTS 1. Next Regular Board Meeting December 14th, 2022 at 4:30 PM. 2. Email about USDA Rural Development having Loan and Grant funds available. 3. Are there any questions from the Audience? Debbie Krutilek asked what DMR’s are? It is a daily monitoring report for the sewer plant. Debbie Krutilek asked about LB840 loan application. Siecke stated that it has to go through the loan application committee, and then to the Village Board. Debbie is on the Maple Villa Housing Board, and that Board is going to ask for a loan to help pay for the lift station at the Maple Villa. 9) APPROPRIATIONS AND CONSIDERATION OF THE CLAIMS: 1) Claims preapproved by Hightree and Siecke. 2) Motion to Approve the Claims as submitted Troutman 2nd by Warren. Roll Call: Hightree-yes, Siecke-yes, Troutman-yes, Warren-yes. 10) MOTION TO ADJOURN THE REGULAR MEETING Troutman 2nd Hightree Adjournment Time: 5:32 PM CLAIMS REPORT- November 2022 Black Diamond-$299.34, BlueCross Blue Shield $2,387.97, Border States-$48.13, Burt County Public Power-$4,118.01, Burt County Public Power-$25,791.86, C&J Auto Service-$1,605.25, Crouch Recreation-$166,305.00, D & M Repair-$75.40, Decatur Express-$398.49, Display Sales-$8,240.00, Eakes-$55.00, Electric Pump-$3,980.00, First Nebraska Bank-$2,165.25, Floor Maintenance-$81.58, Gworks-$3,144.00, Johnson & Mock-$507.00, Johnson Controls Fire-$651.00, King Disposal-$3,755.30, Lane Repair-$178.22, Lyons Mirror-Sun-$242.77, Menards-$13.97, Midwest lab-$407.00, Mosquito Control of Iowa-$2,415.00, Mutual of Omaha-$21.60, NDEE-$125.00, Nebraska Department of Revenue-$4,248.50, Nebraska Public Health Lab-$15.00, NNEDD-$18.75, NNTC-$505.24, Northeast School District-$1,200.00, One Call-$8.00, One Source Solution-$107.80, Police Officers’ Association-$20.00, Postmaster-$753.60, Utility Deposit Return-$65.37, SignaPay-$10.00, Thelander-$138.00, Verizon Wireless-$178.79, Williams & Co-$175.00. Total Accounts Payable-$234,456.19 Payroll Checks/FICA/State Taxes-$11,002.20 10/08/2022 through 11/04/2022 Report Total-$245,458.39 ZNEZ LMS 11-24-22
