April 1, 2008

State of Nebraska)

County of Seward) ss.

 

A regular meeting of the Seward County Commissioners was convened in open and public session at 8:30 a.m. on April 1, 2008 in the Commissioner’s room at the Seward County Courthouse.  Notice of the meeting was posted on the Courthouse bulleting board and on the Commissioner’s room door.  The agenda for all meetings is kept continually current and is available for public inspection at the County Clerk’s Office during normal business hours.  The agenda is held open until one business day prior to the meeting for appearance before the Board.  The Board of Commissioners has the right to modify the agenda to include items of an emergency nature only at such public meeting.

 

The Seward County Board of Commissioners convened on April 1, 2008 at 8:30 a.m.

Present:

Chairman:

Members:

Deputy County Clerk:

Joe Ruzicka

Darrell Miller, Scott Stuhr, Larry Dedic, Mary Koci

Lisa Dey

 

Commissioner Ruzicka called the meeting to order and noted that the public meeting information is posted as required by law and available for public distribution if requested.

 

The Pledge of Allegiance was recited.

 

Moved by Miller and seconded by Dedic to approve the minutes of March 25, 2008.

Affirmative vote: Miller, Dedic, Stuhr, Koci, Ruzicka                         Motion Carried.

 

Officials present for their monthly meeting with the Board were as follows:  Gary Petersen, Dan Hansen, Mike Koci, Gail Brand, Denise Janssen, Joe Yocum, Kathy Ruzicka, Marilyn Hladky, Jeff Baker, Crystal Lankford, Barb Liska, Lana Zumbrunn, Bob Dahms, and Wendy Elston.

 

Commissioners Reports:

Commissioner Miller had no report.

 

Commissioner Stuhr received phone calls regarding some road issues, attended an E911 meeting, and had a phone call regarding pivot pad placing.

 

Commissioner Dedic received a phone call on a pivot pad issue. 

 

Commissioner Koci attended a Bridges meeting and will be attending an Institute of Excellence class.

 

Commissioner Ruzicka attended a meeting regarding an Interlocal agreement involving Emergency Management.

 

Moved by Stuhr and seconded by Koci to approve the Right of Way request by Seward County Public Power District between Sections 5 & 8 of Township 10 North, Range 1 East of the 6th p.m.

Affirmative vote: Stuhr, Koci, Miller, Dedic, Ruzicka                         Motion Carried.

 

Moved by Stuhr and seconded by Miller to approve the Right of Way request by Seward County Public Power District between Section 25 of Township 10 North, Range 1 and Section 30 of Township 10 North, Range 2 all East of the 6th p.m.

Affirmative vote: Stuhr, Miller, Dedic, Koci, Ruzicka                        Motion Carried.

 

Moved by Stuhr and seconded by Dedic to adopt Resolution #2625 to allow the County Attorney to proceed with condemnation proceedings on Federal Aid Bridge Project #BRO-7080 (26) between Sections 17 & 18 of Township10 North, Range 3 East of the 6th p.m.

RESOLUTION #2625

WHEREAS, Seward County is a duly constituted county of the State of Nebraska; and,

 

WHEREAS, Seward County is charged with the duty of constructing, maintaining and improving county roads within the county; and,

 

WHEREAS, Seward County is desirous of improving Goehner East Bridge; and,

 

WHEREAS, Seward County must acquire land for right-of-way to perform such improvement; and,

 

WHEREAS, Seward County has made several offers to purchase land for the purpose of the bridge improvement and right-of-way; and,

 

WHEREAS, the title owner of the land has rejected said offers; and,

 

THEREFORE, LET IT BE RESERVED THAT the County Attorney for Seward County is hereby directed to institute condemnation proceedings for the following described property, to wit:

 

FEE ACQUISITION:

 

(A)   A tract of land located in SE ¼ of Sec.18-T10N-R3E of the 6th Principal Meridian, Seward County, Nebraska, more particularly described as:

 

the east 40.00 ft. of the north 541.13 ft. of SE ¼ of Sec. 18-T10N-R3E containing 0.50      acres, more or less, of which 0.41 acres, more or less, is already public right-of-way, the remaining 0.09 acres, more or less, being the land hereby acquired.

 

TEMPORARY EASEMENT:

 

(B) A tract of land located in the SE ¼ of Sec.18-T10N-R3E of the 6th Principal Meridian, Seward County, Nebraska, more particularly described as follows:

 

referring to the NE corner of the SE ¼ of Sec. 18-T10N-R3E; thence west, along the north section line of the SE ¼ of Sec. 18-T10N-R3E, a distance of 40.00 ft. to the point of beginning; thence continuing west, along the north section line of the SE ¼ of Sec. 18-T10N-R3E, a distance of 20.00 ft; thence south, perpendicular, a distance of 116.13 ft.; thence east, perpendicular, a distance of 20.00 ft.; thence north, perpendicular, a distance of 116.13 ft. to the point of beginning containing 0.05 acres, more or less, being the land for which a temporary easement is hereby acquired.

 

Dated this 1st day of April, 2008.

Motion by: Stuhr

Seconded by: Dedic

Voting Aye: Scott Stuhr, Larry J. Dedic, Darrell E. Miller, Mary Koci,

Joseph J. Ruzicka

Attest: Lisa Dey, Deputy Seward County Clerk

Affirmative vote: Stuhr, Dedic, Miller, Koci, Ruzicka                         Motion Carried.

 

Moved by Stuhr and seconded by Koci to authorize the Chairman to sign the Southeast Region Interlocal agreement.

Affirmative vote: Stuhr, Koci, Miller, Dedic, Ruzicka                         Motion Carried.

 

Moved by Stuhr and seconded by Dedic to adopt Resolution #2626 to reaffirm Tax Sales.

Resolution #2626 of the Seward County Board of Commissioners

 

Whereas: the Seward County Treasurer has submitted certification of the tax sale held 3/3/2008 showing amounts sold and amounts unsold.

 

Therefore, we accept the certification and also direct the Treasurer to, on the unsold taxes and specials, write County Tax certificates as covered in a previous resolution.

Moved by: Stuhr

Seconded by: Dedic

Roll Call Vote

Ayes: Scott Stuhr, Larry J. Dedic, Darrell E. Miller, Mary Koci,

Joseph J. Ruzicka, Chair of the Board

Dated: 4/1/08

Attest: Lisa Dey, Deputy Seward County Clerk

Affirmative vote: Stuhr, Dedic, Miller, Koci, Ruzicka                        Motion Carried.

 

Discussion was held regarding the Public Defender’s office space, furnishings and possible full-time employee since the Public Defender position will be full-time next term. 

 

Sheriff Joe Yocum was present to discuss the Guardian Electronic System for inmate accountability and control. This item will be on the agenda next week.

 

Moved by Stuhr and seconded by Miller to accept the Treasurers Certificate of Return of Tax Sale held March 3, 2008.

Affirmative vote: Stuhr, Miller, Dedic, Koci, Ruzicka                        Motion Carried.

 

County Clerk Sherry Schweitzer and County Treasurer Bob Dahms were present at 9:27 a.m. to discuss the County Audit and the new procedures that the County will need to implement.

 

The Commissioners recessed at 9:50 a.m.

The Commissioners reconvened at 10:00 a.m.

 

Moved by Miller and seconded by Stuhr to open the Abandoned Cemetery Mowing Bids at 10:00 a.m.

Affirmative vote: Miller, Stuhr, Dedic, Koci, Ruzicka                        Motion Carried.

 

Bids were received from Russ Folts, Niemann Mowing and Terry Lunney.

 

Moved by Stuhr and seconded by Miller to go into Executive Session at 10:08 a.m. to discuss pending litigation.

Affirmative vote: Stuhr, Miller Dedic, Koci, Ruzicka                         Motion Carried.

 

Moved by Miller and seconded by Stuhr to go out of Executive Session at 10:30 a.m.

Affirmative vote: Miller, Dedic, Stuhr, Koci, Ruzicka                         Motion Carried.

 

The Chairman reiterated that the Executive Session was for Pending Litigation.

 

Dan Hansen was present to discuss Building Permit Fees. He presented the Commissioners with a recommendation from the Planning Commission.

 

Known items on the agenda for April 8, 2008 are as follows:

  8:30 a.m.

Discuss/Action – Board of Equalization – Convene and announce Open Meetings Law

Pledge of Allegiance

Discuss/Action – Approve minutes of March 25, 2008

 

  9:00 a.m.

Convene and announce Open Meetings Law

Pledge of Allegiance

Discuss/Action  -Approve minutes of April 1, 2008

 

  9:30 a.m.

Discuss/Action – Carol Hrdlicka-CISDA & 211

 

 

Other Business Matters to Address When Time Allows

Discuss/Action – Public/Officials/Boards

Commissioners Reports

Right of Way Request(s):

Discuss/Action – Authorize Chairman to sign the Contract for the Audit

Discuss/Action – Award Abandoned Cemetery Mowing Bid

Discuss/Action – Authorize Chairman to sign agreement to reimburse the County for computers using JUSTICE application

Discuss/Action – Authorize Co Sheriff to enter into contract agreement with Guardian Electronic Systems for inmate accountability & Control.

Discuss/Action –  Adopt Resolution regarding Building Permit Fees

 

Moved by Stuhr and seconded by Miller to adjourn at 10:45 a.m.

Affirmative vote: Stuhr, Miller, Dedic, Koci, Ruzicka                        Motion Carried.

                    

State of Nebraska)

County of Seward) ss.

 

I, Sherry Schweitzer, the undersigned County Clerk of Seward County, Nebraska do hereby certify the foregoing minutes are true and are part of the official records of this office.

 

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this 8th day of April 2008.

 

______________________________

County Clerk

______________________________

Chairman