Village of Orchard May 2019 Meeting Minutes

​Minutes of Village of Orchard Board Meeting
May 13, 2019
The Village of Orchard held its regularly scheduled meeting on May 13, 2019 at 7pm. Board members present were Dennis Clifton, Dwight Van Ostrand, John Ferguson and Curt Mitteis. Absent: Glen Cheatum.
Others present were Tammy Cheatum, Duane Risinger, Ashley Wesner, Sheriff Moore, Stephanie Cleveland, Bruce Horstmann and Brenda Harrison.
Called to order at 7pm.
Minutes for the April 8, 2019 meeting were approved as presented.
Sheriff’s Report:
There were 94 hours and 16 minutes spent in the Village of Orchard limits in the month of April with 4-911 calls.
Summer help application review:
John Ferguson made a motion, seconded by Curt Mitteis to hire the following as Life Guards: Julian Tuttle, Xavier Hobbs, David Arroyo, Keegan Smith and Braxton Stauffer. Aye: John Ferguson, Curt Mitteis, Dwight Van Ostrand and Dennis Clifton. Nay: None. Absent: Glen Cheatum. Motion carried.
Building Permit/Demo Permit:
Dwight Van Ostrand presented a building permit to side his shed.
Brenda Harrison presented a demo permit to tear down her garage.
Curt Mitteis made a motion, seconded by John Ferguson to approve these permits as presented. Aye: Curt Mitteis, John Ferguson, Dwight Van Ostrand and Dennis Clifton. Nay: None. Absent: Glen Cheatum. Motion carried.
Ballfield lights:
John Ferguson made a motion, seconded by Dwight Van Ostrand to purchase light bulbs for the ballfield for $666.72 and the NCPPD donated the light pole. Aye: John Ferguson, Dwight Van Ostrand and Curt Mitteis. Nay: Dennis Clifton. Absent: Glen Cheatum. Motion carried.
Ballfield Dirt:
This item will be tabled for a further meeting.
LB 840/Sales Tax:
Chairman Clifton read proposed Ordinance 05.13.19.1:
AN ORDINANCE OF THE VILLAGE OF ORCHARD, NEBRASKA, ADOPTING THE LOCAL OPTION MUNICIPAL ECONOMIC DEVELOPMENT ACT AS AUTHORIZED BY THE ELECTORS OF THE VILLAGE PROVIDING A DATE FOR ALLOCATION OF SALES TAX FUNDS; PROVIDING FOR CREATION OF A CITIZENS ADVISORY REVIEW COMMITTEE; PROVIDING FOR PENALTIES FOR UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE VILLAGE BOARD OF THE VILLAGE OF ORCHARD, NEBRASKA, AS FOLLOWS:
1. That there be and hereby is adopted the Nebraska Local Option Municipal Economic Development Act (hereafter LB 840) pursuant to the terms and conditions of the Village of Orchard Economic Development Plan as adopted by the electors of the Village at a special election called for consideration of such legislation.
2. That one-third of all sales tax revenues collected from and after October 1, 2019 shall be allocated for funding of LB 840 and the Village Treasurer be and hereby is directed to make such allocation, to establish such checking and savings accounts to deposit such funds and to do all other things necessary to effect the terms of LB840.
3. That there be and hereby is created a Citizens Advisory Review Committee of five members to review the functioning and progress of the economic development program at regular meetings, not less than quarterly, and to do such other actions as prescribed by the Economic Development Plan adopted by the electors. The initial committee shall be comprised of two members who shall have terms of two years and Three members who shall have terms of three years. Thereafter all members’ terms of office shall be four years. Three members of the committee shall be appointed by the Chairman of the Village Board and 2 members of the committee shall be appointed by the Economic Development Board. All members are subject to the approval of the Village Board. Members may be reappointed once their terms of office have expired.
4. Membership of the Citizens Advisory Review Committee shall be governed by the following criteria:
a. All committee members shall be resident taxpayers of the village.
b. At least one member of the committee shall have expertise or experience in the field of business finance or accounting.
c. No member shall be an elected or appointed municipal official.
d. No member shall be an employee of the Village.
e. No member shall be an official or employee of a qualifying business receiving financial assistance under the economic development program.
f. No member shall be an official or employee of any financial institution participating directly in the economic development program.
g. The economic development director will serve as an ex-officio member.
5. The Chairman shall appoint one member of the Village Board as ex officio member of the Citizens Advisory Review Committee, who shall provide the committee with necessary information and advice on the economic development program.
6. In the administration of the Economic Development Plan, certain parties and elected or appointed officials or committee members will be permitted access to business information received by the Village in the course of its administration of the economic development program.
The unauthorized disclosure of such information by any city official, committee member or employee of the Village or program administration personnel is strictly prohibited and any such person disclosing such information without authorization shall be guilty of a Class III misdemeanor.
7. This ordinance shall be effective upon its passage, publication and approval as provided by law.
Dated this 13th day of May, 2019.
Curt Mitteis made a motion, seconded by John Ferguson to waive the 2nd & 3rd readings of this ordinance and to pass ordinance as presented. Aye: Curt Mitteis, John Ferguson, Dwight Van Ostrand and Dennis Clifton. Nay: None. Absent: Glen Cheatum. Motion carried.
Chairman Clifton read proposed Ordinance 05.13.2:
AN ORDINANCE OF THE VILLAGE OF ORCHARD, NEBRASKA IMPOSING A 1.5% SALES TAX ON ALL TAXABLE SALES WITHIN THE VILLAGE; PROVIDING A DATE WHEN SUCH TAX IS TO BE IMPOSED; PROVIDING AN EFFECTIVE DATE AND REPEALING ALL CONFLICTING ORDINANCES BE IT ORDAINED BY THE VILLAGE BOARD OF THE VILLAGE OF ORCHARD, NEBRASKA AS FOLLOWS:
SECTION 1. Pursuant to the authority granted by the electors of the Village of Orchard there be and hereby is imposed a sales tax and use tax of 1.5% of the purchase price upon the same transactions within the Village on which the State of Nebraska is authorized to impose a tax.
SECTION 2. Such tax shall be imposed from and after October 1, 2019 pursuant to rules and regulations prescribed by the Nebraska State Tax Commissioner.
SECTION 3. This Ordinance shall be effective from and after its passage, approval and publication as provided by law.
SECTION 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Dated this 13th day of May, 2019.
Curt Mitteis made a motion, seconded by John Ferguson to waive the 2nd & 3rd readings of this ordinance and to pass ordinance as presented. Aye: Curt Mitteis, John Ferguson, Dwight Van Ostrand and Dennis Clifton. Nay: None. Absent: Glen Cheatum. Motion carried.
Copier in Library:
Tabled until June meeting for Brenda Harrison to have time to gather leasing options.
Street Repairs:
Ashley Wesner/Miller & Associates was present to inform the board about CDB grants available for street repairs and the option of utilizing the money received from the State of Nebraska Highway Allocation for the Village’s matching funds. This topic will be placed on the agenda for the June meeting.
The Village will begin advertising for mowing bids of the Orchard Hills Cemetery, Orchard City Park and the pool park.
Treasurer’s Report:
Curt Mitteis made a motion, seconded by John Ferguson to approve the treasurer’s report as presented. Aye: Curt Mitteis, John Ferguson, Dwight Van Ostrand and Dennis Clifton. Absent: Glen Cheatum. Motion carried.
Reviewed bills:
Curt Mitteis made a motion, seconded by Dwight Van Ostrand to approve the Orchard Lumber and Ferguson Ag invoice. Aye: Curt Mitteis, Dwight Van Ostrand and Dennis Clifton. Nay: None. Abstained: John Ferguson. Absent: Glen Cheatum. Motion carried.
John Ferguson made a motion, seconded by Curt Mitteis to pay remaining bills as presented. Aye: John Ferguson, Curt Mitteis, Dwight Van Ostrand and Dennis Clifton. Nay: None. Absent: Glen Cheatum. Motion carried.
Adjourned at 9 pm
Brenda L. Harrison
Village Clerk


Published May 22, 2019
ZNEZ