VILLAGE OF DECATUR REGULAR BOARD MEETING September 14th, 2023 @ 6:00 PM NOTE: Everyone must use the microphones at the table. The audience must be quiet during the meeting. If you want to ask a …

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VILLAGE OF DECATUR REGULAR BOARD MEETING September 14th, 2023 @ 6:00 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 guests signing in were: Cindy French, Couy French, Rod Nelson. 1) REGULAR MEETING CALLED TO ORDER BY CHAIRMAN SIECKE. Roll Call: Hightree-yes, Kirschenman-yes, Siecke-yes, Troutman-yes, Warren-yes. Quorum Present-yes 2) EXCUSE BOARD MEMBERS NOT ATTENDING THE MEETING: Roll Call: Hightree-yes, Kirschenman-yes, Siecke-yes, Troutman-yes, Warren-yes. 3) AGENDA AND MINUTES OF THE PREVIOUS MONTH'S MEETING RECEIVED: Roll Call: Hightree-yes, Kirschenman-yes, Siecke-yes, Troutman-yes, Warren-yes. 4) APPROVAL AND/OR CORRECTION AND SUSPENDED READING OF THE PREVIOUS MONTH MINUTES. There were none. Roll Call: Hightree-yes, Kirschenman-yes, Siecke-yes, Troutman-yes, Warren-yes. 5) REPORTS OF OFFICERS, BOARDS AND OR COMMITTEES: Police: Monthly Report. 49 traffic Stops, 6 arrests, Investigation conducted by the Decatur Police Department with assistance from the Burt County Sheriff’s and resulted in a felony arrest. Kirschenman asked if the Village receives any funds from traffic tickets? Siecke stated that we do not. The majority goes to the School District. Lights: Monthly Report. A) Prices for Reconditioned Transformers. The Village received a bid for reconditioned transformers. 25 KVA 1,741.00 each, 37.5 KVA $2,148.00. Hightree stated that we need both sizes of transformers, and the lead time is 10-12 weeks. B) There were no meters pulled for August 2023. Water & Sewer: Monthly Report. A) Water Loss Report. 0.33% Our Board does not think this is right. The sewer plant is being painted, and then paint the new well house. The well is still doing okay, we are just waiting to get the new motor. B) Ramona Teisan-Broken Sprinkler System. Ramona did not come to the meeting. Parks: Monthly Report A) August 2023 Income of $11,057.01. The Splash pad will be shut off for the season beginning 09/18/2023. We can stop watering the sod at the splash pad. Streets: Monthly Report A) September 2023 Highway Allocation-$7,055.61. B) Sales Tax for June 2023 $13,643.31-1/2 to LB840. C) Bid from Knife River for Resurfacing West 5th Street. Knife River gave us a bid for resurfacing 5th street due to patching did not work. The bid was $16,875.98. 6. Sears Center: Monthly Report A) New fitness equipment will be here on September 20th. We will be getting rid of the two duct taped treadmills. Troutman will contact Shane McCulloch to pick up the treadmills. 6) OLD BUSINESS Tree Trimming Bid-Beatty Tree Service. The Board stated that we need to pick and choose which trees need trimmed and removed. Warren stated that someone needs to go around with Darien Beatty, to pick out the worst ones. Tabled until further information is obtained. 2. Ordinance #9-2023 Utility Deposit. Ordinance #9-2023 AN ORDINANCE OF THE VILLAGE OF DECATUR, BURT COUNTY, NEBRASKA, TO REPEAL SECTION 5-05 OF THE CODE OF DECATUR, TO ADOPT SECTION 50.06, OF THE CODE OF DECATUR, TO REPEAL ALL ORDINANCES IN CONFLICT HEREWITH, AND TO PROVIDE FOR AN EFFECTIVE DATE. WHEREAS, the Chairman and the Board of Trustees have determined it is important to supply residents of the Village with affordable utilities; and WHEREAS, the Chairman and Board of Trustees wish to encourage, ensure, and facilitate the timely payment of the utility rates the Village charges those residents to whom it supplies utilities, regardless of the ownership of the property to which utilities are supplied. NOW, THEREFORE, BE IT ORDAINED BY THE CHAIRMAN AND BOARD OF TRUSTEES OF THE VILLAGE OF DECATUR, BURT COUNTY, NEBRASKA: Section 1: Section 5-05 of the Code of Decatur is hereby repealed: Any ordinance passed and approved prior to the passage, approval and publication or posting of this Ordinance and in conflict with its provision is hereby repealed. Section 2: Section 50.06 shall read as follows: UTILITY DEPOSIT (A) Each person supplied with utilities by the Village shall pay a utility deposit of $350.00 to secure the prompt and regular payment of the person’s utility bills, regardless of the ownership of the property to which the utilities are supplied. Such deposits shall be recorded and maintained by the Village Clerk. The person shall maintain the deposit with the Village Clerk so long as he, or she, or its provided utility services by the Village. Upon the person informing the Village he, or she, or it no longer wishes to maintain utility services supplied by the Village for any period or reason whatsoever, the Village shall terminate utility services, and the deposit shall be refunded in full to that person so long as that person’s utility bill has no outstanding balance and is paid in full. If the person has an outstanding utility bill at the time the Village terminates utility services, the Village Clerk shall be and hereby is authorized to apply the utility deposit to the outstanding utility bill, any remaining portion of the deposit to be refunded to the person. (A) Any person previously supplied utilities by the Village and who had such utility services terminated for any reason whatsoever, and for any period of time whatsoever, but who wishes the Village to again provide him, or her, or it with utility services shall be and hereby is subject to the requirements of subdivision (A) of this section. Kirschenman made a motion to Adopt Ordinance #9-2023 and Waive the Three Readings. Warren seconded the motion. Roll Call: Hightree-yes, Siecke-yes, Troutman-yes, Kirschenman-yes, Warren-yes Section 3. This Ordinance shall take effect and be in full force from and after its passage, approval and publication or posting as required by law. Passed and approved this 14th day of September, 2023. Mark A Siecke Chairman ATTEST: Therese M Magill Village Clerk 7) NEW BUSINESS 1. Ordinance Reducing Number of Planning Commission Members to Five. Siecke read Ordinance #9-2023(2). ORDINANCE NO. 9-2023(2) AN ORDINANCE OF THE VILLAGE OF DECATUR, NEBRASKA, AMENDING CODE SECTION 32.01 OF THE MUNICIPAL CODE, PERTAINING TO MEMBERSHIP, MEETINGS, AND RULES OF THE PLANNING COMMISSION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CHAIRPERSON AND BOARD OF TRUSTEES OF THE VILLAGE OF DECATUR, NEBRASKA: SECTION 1. Section 32.01 of the Code of the Village of Decatur, Nebraska, shall be and hereby is amended to provide as follows: § 32.01 PLANNING COMMISSION (A) The Planning Commission shall consist of five regular members who shall represent, as far as is possible, the different professions or occupations in the Village and shall be appointed by the Chairperson, by and with the approval of a majority vote of the members of the Board of Trustees. Members shall be residents of the Village, provided, however, two members may be residents of the area designated pursuant to Neb. Rev. Stat. section 17-1001 over which the Village exercises extraterritorial zoning jurisdiction. When there is a sufficient number of residents in such area over which the Village exercises such extraterritorial zoning jurisdiction, one member of the Commission shall be a resident of such area. If it is determined by the Board of Trustees that a sufficient number of residents reside in such area, and no such resident is a member of the Commission, the first available vacancy on the Commission shall be filled by the appointment of such an individual. For purposes of this section, a “sufficient number of residents” shall mean 200 residents. A number of commissioners equal to a majority of the number of regular members appointed to the Commission shall constitute a quorum for the transaction of any business. All regular members of the Commission shall serve without compensation. The term of each member of the Commission shall be three years, provided, however, approximately one-third of the regular members of the first Commission appointed pursuant hereto shall serve terms of one year, one-third for terms of two years, and one-third for terms of three years. Members shall be eligible for reappointment. All members shall hold office until their successors are appointed. Any member may, after a public hearing before the Board of Trustees, be removed by the Chairperson with the consent of a majority vote of the members of the Board of Trustees for inefficiency, neglect of duty or malfeasance in office, or other good and sufficient cause. Vacancies occurring otherwise than through the expiration of term shall be filled for the unexpired portion of the term by appointment by the Chairperson of the Board of Trustees. (B) The Planning Commission shall organize by electing from its membership a chairperson and such other offices as it may determine. The term of chairperson shall be one year, and he or she is eligible for reelection. Any member of the Planning Commission may hold any other municipal office except chairperson and member of the Board of Trustees, member of any community redevelopment authority or limited community redevelopment authority created pursuant to Neb. Rev. Stat. section 18-2102.01, or a member of any citizen advisory review committee created pursuant to Neb. Rev. Stat. section 18-2715. The Commission shall hold at least one regular meeting in each calendar quarter, provided, however, the Board of Trustees may require the Commission to meet more frequently, and the chairperson of the Commission may call for a meeting when necessary to deal with business pending before the Commission. If no business is pending before the Commission, the chairperson may cancel a quarterly meeting, but no more than three quarterly meetings may be cancelled per calendar year. The Commission shall adopt rules and regulations for the transaction of business and shall keep a record of its resolutions, transactions, findings, and determinations, which shall be a public record. (C) The Chairperson of the Board of Trustees, with the approval of a majority vote of the elected members of the Board of Trustees, may appoint one alternate member to the Commission. The alternate member shall serve without compensation. The alternate member may hold any other municipal office except chairperson and member of the Board of Trustees, member of any community redevelopment authority or limited community redevelopment authority created pursuant to Neb. Rev. Stat. section 18-2102.01, or a member of any citizen advisory review committee created pursuant to Neb. Rev. Stat. section 18-2715. The term of the alternate member shall be three years, and he or she shall hold office until his or her successor is appointed and approved. The alternate member may be removed from office in the same manner as a regular member. If the alternate member position becomes vacant other than through the expiration of the term, the vacancy shall be filled for the unexpired portion of the term by the Chairperson of the Board of Trustees with the approval of a majority vote of the members of the Board of Trustees. The alternate member may attend any meeting and may serve as a voting and participating member of the Commission at any time when less than the full number of regular Commission members is present and capable of voting. SECTION 2. All ordinances and sections thereof 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. Warren made a motion to adopt Ordinance #9-2023(2) and waive the three readings. Kirschenman seconded the motion. Roll Call: Hightree-yes, Siecke-yes, Troutman-yes, Warren-yes, Kirschenman-yes. Passed and approved this 14th day of September, 2023. VILLAGE OF DECATUR, NEBRASKA, Mark A Siecke Chairperson ATTEST: Therese M Magill Village Clerk 2. Prepay Propane Prices. 6000 gallons of propane. Sapp Brothers-$1.199 Smith’s-$1.299 Farmers Pride-$1.599 Troutman made a motion to prepay 6000 gallons of propane from Sapp Brothers at $1.199. Warren seconded the motion. Roll Call: Hightree-yes, Kirschenman-yes, Siecke-yes, Troutman-yes, Warren-yes. 3. Bill for Barb Maslonka’s Mower Line. The Board consensus is to pay for the line for Barb Maslonka due to the break when replacing water line. The cost is $181.90. 4. Ordinance 33.50B-Personnel Manual Allowing Paid Family Insurance and Changing Waiting Period. ORDINANCE § 33.50B ORDINANCE TO AMEND ORDINANCE § 33.50A OF THE CODE OF DECATUR PERSONNEL MANUAL FOR VILLAGE EMPLOYEES; TO REPEAL CONFLICTING ORDINANCES AN SECTIONS; AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS the Members of the Board of Trustees of the Village of Decatur, Nebraska, believe it is beneficial that each employee of the Village has a general understanding of the terms of his or her employment with the Village, including disciplinary and termination procedures: WHEREAS the Members of the Board of Trustees of the Village of Decatur, Nebraska, wish to adopt the revised manual governing the procedures and policies with the Village of Decatur; NOW, THEREFORE BE IT ORDAINED BY THE CHAIRPERSON AND BOARD OF TRUSTEES OF THE VILLAGE OF DECATUR, NEBRASKA: SECTION 1. The personnel manual attached hereto is hereby adopted by the Village of Decatur, Nebraska. Such manual shall govern the policies and procedures of employment with the Village of Decatur, Nebraska. SECTION 2. All Ordinances, amendments, and sections in conflict herewith are hereby repealed. (§ 33.50B) SECTION 3. This Ordinance shall be in full force and take effect from and after its passage, approval, and publication or posting to law. Hightree made a motion to approve Ordinance 33.50B Personnel Manual Allowing Paid Family Insurance and Changing Waiting and waive the three readings. Troutman seconded the motion. Roll Call: Kirschenman-yes, Siecke-yes, Warren-yes, Hightree-yes, Troutman-yes. Passed and approved this 14th day of September, 2023 Mark A Siecke Chairperson ATTEST: Therese M Magill Village Clerk 5. Bid from Burt County Public Power for Poles at Ball Field and Monthly Charge. Hightree explained that Burt County Public Power supplies the power to the ball park. BCPP wants to charge the Village $55.00 per month, plus any usage that is used. (Standby charge) because we do not use them very much. The Village received a bid from BCPP for $4,044.00 to replace a pole at the ball park. Warren stated that the Village pays insurance on these poles. Siecke stated he would like to know how many of the lights are working and a price to fix any that need replaced. Warren stated that we could turn the power off to them from September to April due to the ball park not being used. The Board tabled this until the October meeting to find out more information. 6. Deb Krutilek-Resign from Planning Commission. Troutman made a motion to accept Debbie Krutilek’s resignation from the Planning Commission. Warren seconded the motion. Roll Call: Kirschenman-yes, Hightree-yes, Siecke-yes, Troutman-yes, Warren-yes. 7. Cindy French and Couy French were here to discuss using the City Hall and approve them having alcohol for Couy and his Finance’s wedding reception on October 21, 2023 from 4:00 PM to 10:00 PM. Hightree made a motion to allow the French’s to have alcohol from 4:00 PM to 10:00 PM on October 21, 2023 at the City Hall for their wedding reception. Troutman seconded the motion. Roll Call: Kirschenman-yes, Siecke-yes, Warren-yes, Hightree-yes, Troutman-yes. 8) CORRESPONDENCE AND ANNOUNCEMENTS Next Regular Board Meeting, Thursday, October 12, 2023 at 5:30 PM. 2. Email from Joyce Cornwell Accepting Position on the Health Board. 3. Are there any questions or comments from the audience? Rod Nelson has a tube on his property along the highway that needs to be cleaned out. Larry McCullock has already looked at it. This will be taken care of. Siecke suggested asking the fire department to bring a truck and flush it out, along with the tube at the Methodist Church. 9) APPROPRIATIONS AND CONSIDERATION OF THE CLAIMS: 1) Claims preapproved by Hightree and Troutman. 2) Motion to Approve the Claims as submitted. Warren made a motion to approve the claims as submitted. Troutman seconded the motion. Roll Call: Hightree-yes, Kirschenman-yes, Siecke-yes, Warren-yes, Troutman-yes. 10) MOTION TO ADJOURN THE REGULAR MEETING: Motion to adjourn the meeting: Hightree 2nd Warren. Adjournment Time: 7:14 PM. Mark Siecke Chairman Therese M Magill Village Clerk CLAIMS REPORT-August 2023 Barco-$403.13, Blue Cross Blue Shield-$2,484.45, Boden Construction-$3,461.72, Bomgaars-$464.51, Border States-$232.02, Burt County Public Power-$37,705.86, Cass Plumbing-$ 18,401.44, CNH Capitol-$80.98, Chase NYC-$15,000.00, Decatur Express-$815.60, Dirt Road Signs-$57.00, Display Sales-$969.00,Eakes-$65.78, First Nebraska Bank-$51.50, First Nebraska Bank-$2,110.00, First Nebraska Bank Credit Card-$44.04, Gilmore-$3,926.43, Hometown Leasing-$164.07, Johnson & Mock-$1,040.00, Johnson Control-$245.00, King Disposal-$3,809.42, Knife River-$103,615.50, Layne -$5,320.33, Lyons Mirror-Sun-$343.35, Midwest Labs-$277.15, Municipal Supply-$1,240.60, Mutual of Omaha-$21.60, Nebraska Department of Revenue-$5,285.25, Nebraska Edge Designs-$181.90, Nebraska Public Health Lab-$15.00, NNEDD-$42.50, NNTC-$500.33, One Call-$7.16, One Office Solutions-$277.90, Powerwash USA-$42.00, SignaPay-$10.00, St Francis Memorial Hospital-$80.00, Tanner Bacon-$4,600.00, Verizon Wireless-$298.70. Total Accounts Payable:217,047.96. Payroll/FICA/State Taxes: 08/12/2023 through 09/14/2023: $17,384.23. Report Total: $234,432.19. ZNEZ LMS 09-28-23