August 14, 2007

State of Nebraska)

County of Seward) ss.

 

A regular meeting of the Seward County Commissioners was convened in open and public session at 9:00 a.m. on August 14, 2007 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 August 14, 2007 at 9:00 a.m.

Present:

Chairman:

Members:

County Clerk:

Joe Ruzicka

Darrell Miller, Scott Stuhr, Ron Minchow, Mary Koci

Sherry Schweitzer

 

The Chairman 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 Minchow and seconded by Stuhr to approve the minutes of August 7, 2007.

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

 

Moved by Minchow and seconded by Miller to deny General Assistance Case #1378 due to lack of information.

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

 

Dan Hansen, Seward County Zoning Administrator stated that the new Seward County Comprehensive Plan and Zoning Regulations have been received from the consultants and will be online soon.

 

Russ Daehling, Seward County Highway Superintendent informed the Board about personnel in the road department.  He also stated that they are taking special precautions now that school is about to begin and also seed corn harvest is about to begin.

 

Commissioner Reports:

Commissioner Miller had no report.

 

Commissioner Stuhr reported he was active in the fair.  He also attended an Alliance for Agriculture in Nebraska (AFAN) tour.

 

Commissioner Minchow attended the fair.

 

Commissioner Koci helped with the CASA booth at the fair.

 

Commissioner Ruzicka also attended the fair.

 

Moved by Miller and seconded by Stuhr to go into Executive Session at 9:12 a.m. to discuss pending litigation, it being necessary to protect the county interests.

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

 

Moved by Minchow and seconded by Stuhr to go out of Executive Session at 9:30 a.m.

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

 

The Chairman restated the reason for going to Executive Session, which was for pending litigation.

 

The RFP for the Hall of Justice, as provided by Dan Williams Consulting, was discussed.  The Board discussed the next step in the process.  The Board has not decided whether a full Hall of Justice should be built, including legal offices and courts with a new jail, building a jail only structure, or expanding the current jail.  The selection of an architect may be next, even if the Board has not decided on which structure.  Commissioner Minchow said that whatever decision is made, to make sure to include some expansion for future years.  Commissioner Stuhr said that he felt the current RFP is ambiguous enough to select an architect and that only a scope of project would need to be added.  Commissioner Stuhr will contact Dan Williamson to add the necessary information.

 

The Board of Commissioners recessed at 9:34 a.m.

 

August 14, 2007

Seward County Board of Equalization

State of Nebraska)

County of Seward) ss.

 

The Seward County Board of Equalization convened on August 14, 2007 at 9:34 a.m.

Present:

 

 

 

Chairman:

Members:

County Clerk:

County Assessor:

County Treasurer:

Scott Stuhr

Darrell Miller, Ron Minchow, Mary Koci, Joe Ruzicka

Sherry Schweitzer

Marilyn Hladky

Bob Dahms

 

Moved by Minchow and seconded by Koci to approve the minutes of August 7, 2007.

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

 

Moved by Minchow and seconded by Koci to open the public hearings for Permissive Exemptions for Concordia University and the Goehner Centennial Scholarship Committee at 9:40 a.m.

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

 

Marilyn Hladky, Seward County Assessor gave the Commissioners information about the Permissive Exemptions to be considered, with the hearing date and time having been published according to law.

 

No other member of the public made a comment on said permissive exemptions.

Moved by Ruzicka and seconded by Miller to close the public hearings for Permissive Exemptions for Concordia University and the Goehner Centennial Scholarship Committee at 9:45 a.m.

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

 

Moved by Miller and seconded by Koci to add Concordia Teachers College property back onto the tax roll for Parcel #800091647 Lot 3, Block 1, Schlueter Heights Addition, Seward.

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

 

Moved by Miller and seconded by Koci to exempt the Goehner Centennial Scholarship Committee from the tax rolls for Lots 1-5, Block 9, Original Town, Goehner.

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

 

Moved by Miller and seconded by Ruzicka to authorize the Assessor to send out the following County board notice:

PARCEL

800091647

OWNER’S NAME

Concordia Teachers College  

LEGAL DESCRIPTION

Lot 3, Block 1, Schlueter Heights Add, Seward

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

 

Moved by Ruzicka and seconded by Koci to approve the vehicle exemption request from St. Gregory the Great Seminary for a 1995 Ford Pickup, VIN #1FTHX26G2SKA26704.

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

 

Moved by Ruzicka and seconded by Miller to approve the vehicle exemption request from the Seward Saline Solid Waste for a 2007 Alleycat Recycle Trailer, VIN #1D9RP24297B388013.

Affirmative vote: Ruzicka, Miller, Koci, Stuhr

Abstain: Minchow                                                                       Motion Carried.

 

Hladky then explained a request for refund for taxes for David Dickinson.  She gave the information to the Commissioners in regard to the request, which stated that the square footage of the house was in error, thus the request for refund.  Hladky stated she made several attempts to complete a house inspection and that making sure house information is correct is also up to the taxpayer.

 

Moved by Minchow and seconded by Koci that in response to the letter from David Dickinson for a request for a tax refund, the Assessor is asked to respond that a refund of 2006 taxes be authorized plus a copy of the regulations be sent which state that only 2 years of taxes can be legally refunded and that since the taxpayer has a responsibility to submit correct information, only 1 year of taxes will be refunded.

Affirmative vote: Minchow, Koci, Stuhr

Voting No:  Miller, Ruzicka                                                                    Motion Carried.

 

Moved by Ruzicka and seconded by Koci to adjourn as the Board of Equalization at 10:07 a.m. upon call of the Chair.

Affirmative vote: Ruzicka, Koci, Minchow, Miller, Stuhr                             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              day of                                        2007.

         

________________________

Clerk

________________________

Chairman

 

The Board of Commissioners reconvened at 10:07 a.m.

 

Vickie Duey and Laura McDougall of the Four Corners Health Dept. were present to discuss an adoption of Quarantine and Isolation Regulation.   They has worked with the County Attorney and Emergency Manager on the prevention and spread of communicable diseases, illness or poisoning.  They informed the Board about the process and plans associated with the request.  In the event of an outbreak, the Four Corners Health Dept. would work in conjunction with the County.

 

Moved by Koci and seconded by Stuhr to adopt Resolution #2575 approving the Adoption of Rules and Regulations for the Prevention of Spread of Communicable Disease, Illness, or Poisoning by the Four Corners Health Department.

RESOLUTION NO. 2575 OF THE SEWARD COUNTY BOARD OF COMMISSIONERS APPROVING THE ADOPTION OF RULES AND REGULATIONS FOR THE PREVENTION OF SPREAD OF COMMUNICABLE DISEASE, ILLNESS, OR POISONING BY THE

FOUR CORNERS HEALTH DEPARTMENT

WHEREAS, the Four Corners Health Department, hereinafter referred as “DEPARTMENT” was established pursuant to Neb. Rev. Stat. § 71-1626, et seq; and,

 

WHEREAS, the Department of Health and Human Services, through Regulation and Licensure, has adopted Regulations for the Prevention of Spread of Communicable Diseases, Illness, or Poisoning, effective February 21, 2007; said Regulations being filed with the Secretary of State.  See 173 NAC 6. 

 

WHEREAS, pursuant to Neb. Rev. Stat. §71-1631(7), a public hearing was held on May 11, 2007 regarding the adoption of the rules and regulations for the Prevention of the Spread of Communicable Disease, Illness, or Poisoning, all in compliance with the statutory notice provisions;

 

WHEREAS, the DEPARTMENT has adopted the attached rules and regulations for the Prevention of the Spread of Communicable Disease, Illness, or Poisoning,

 

WHEREAS, the DEPARTMENT recommends the approval from the Seward County Board of Commissioners for the adoption of these rules as required by law.

 

NOW, THEREFORE, BE IT RESOLVED BY THE SEWARD COUNTY BOARD OF COMMISSIONERS: That the attached rules and regulations are approved for adoption.  Said rules and regulations shall be enforced by the DEPARTMENT with the assistance of the Seward County Sheriff and the Seward County Attorney’s Office.

 

MOTION BY: Koci SECONDED BY:  Stuhr THAT THE ABOVE RESOLUTION BE ADOPTED.  MOTION CARRIED. 

Ayes: Mary Koci, Scott Stuhr, Darrell Miller, Ron Minchow, Joseph J. Ruzicka

Dated this 14th day of August 2007.

Attest: Sherry Schweitzer, Seward County Clerk

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

 

Moved by Stuhr and seconded by Minchow to adopt Resolution #2576 in regard to the withdrawing of pledged securities.

WITHDRAWING SECURITIES

RESOLUTION 2576 OF THE SEWARD COUNTY BOARD OF COMMISSIONERS

 

WHEREAS: THE JONES NATIONAL BANK & TRUST CO. DESIRES TO WITHDRAW THE FOLLOWING SECURITIES:                                 

CUSIP

90176lAA0

DESCRIPTION

TWIN VALLY PUB POWER DST

PAR VALUE

60,000.00

 

WHEREAS: AFTER SAID WITHDRAWAL, THE JONES NATIONAL BANK WILL STILL HAVE AMPLE PLEDGED  SECURITIES TO MORE THAN COVER THE DEPOSITS OF THE COUNTY WHICH EXCEED F.D.I.C. COVERAGE.                                                   

 

THEREFORE, THE SEWARD COUNTY BOARD ALLOWS SAID SECURITY WITHDRAWAL.            

Moved by: Stuhr

Seconded by: Minchow

Ayes: Scott Stuhr, Ron Minchow, Darrell Miller, Mary Koci,

Joseph J. Ruzicka, Chair Person of the Board   

Adopted as of today’s date: August 14, 2007

Attest: Sherry Schweitzer, Seward County Clerk             

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

 

During office storage space discussion, Commissioner Minchow stated that the current building housing the Road/Vet/Zoning Office had some possible purchasers of the building; however the owner would give Seward County until September 1 to decide if we wanted to purchase it.  The assessment of the building is currently around $267,000, but commercial property will soon be re-valued in the City of Seward.  Minchow stated the building and the parking have worked out well for those offices in it. 

 

Minchow also led discussion about the storage/office space in the courthouse.  He stated that he has visited with the CASA director and that she would find working in the former Highway Superintendent Office adequate and that the Commissioner Room would be locked while she was not in the office.  Commissioner Ruzicka worried about security issues, and locking the Commissioner Room while not in use.

 

Moved by Koci to move the CASA program into the former Highway Superintendent’s Office.

The Chairman stated the motion was out of order; stating that a motion was made previously stating the Highway Supt.’s office was to be storage.

Koci withdrew her motion.

The item will be put on the agenda for next week for consideration.

 

Moved by Stuhr and seconded by Koci to accept the County Clerk’s fee report for July 2007 in the amount of $26,555.25.

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

 

Moved by Minchow and seconded by Stuhr to allow an additional 1% increase on restricted funds for the 2007-2008 fiscal year budget.

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

 

Sherry Schweitzer, Seward County Clerk and Budgeting Authority for Seward County informed the Board about the process in which Misc.Taxing Districts submit their tax/levy request.  The Misc. Districts, namely the Seward County Ag Society, Seward County Fire District, J Precinct Cemetery and the Pleasant Dale Cemetery Association, must submit their request for taxing authority by August 1st and the Commissioners must approve a request by September 1st.

 

 

Moved by Minchow and seconded by Ruzicka to adopt Resolution #2577 in regard to setting the taxing authority for the Misc. Districts.

RESOLUTION #2577 OF THE SEWARD COUNTY BOARD OF COMMISSIONERS

WHEREAS,   Pursuant to State Statute 77-3443, each County Board shall adopt a resolution by a majority vote of members present which determines a final allocation of levy authority to its political subdivisions, AND,

 

WHEREAS, political subdivisions as defined in said statute are “all political subdivisions other than school districts, community colleges, natural resource districts, educational service units, cities, villages, counties, and sanitary and improvement districts, AND,

 

WHEREAS, statute states that they may levy taxes as provided by law provided they do not collectively total more than fifteen cents per one hundred dollars of taxable valuation on any parcel or item of taxable property for all governments for which

allocations are made by the County, AND,

    

WHEREAS, on or before August 1st, all political subdivisions subject to county levy authority must submit a preliminary request for levy allocation to the County Board, AND,    

 

WHEREAS, failure of a political subdivision to do so shall preclude them from using procedures set forth in 77-3444, AND,

    

WHEREAS, Seward County has 4 such political subdivisions, namely: Seward County Agricultural Society, Seward Fire District, Pleasant Dale Cemetery District and J Precinct District, AND,

 

WHEREAS, on or before August 1, 2007, the following requests were received: 

 

J Precinct Cemetery District

Pleasant Dale Cemetery District

Seward County Agricultural Society

Seward County Fire District

Funding Request:

Funding Request: 

Levy Request:

Funding Request: 

$1,300.00

$1,250.00

   .030000

$ 376,000   and

 

WHEREAS, Also included in the request from Seward County Fire District was an additional $122,000 for their bond fund and a request to include $40,000 of it’s General Fund request in Seward County’s five cent levy allocation as allowed by law, AND,

 

WHEREAS, Statute states that the County Board shall review and approve or disapprove the funding or levy request by September 1st  of the current year.

 

NOW, THEREFORE, BE IT RESOLVED:  That the Seward County Board of Commissioners hereby designate the following levy allocations pursuant to Nebraska State Statute 77-3443 as follows:

 

 

J Precinct Cemetery District

Pleasant Dale Cemetery District

Seward County Agricultural Society:

Seward County Fire District

A levy up to:

.002

.002

.03

.05

    

Dated this 14th day of August, 2007.

Motion by: Minchow

Seconded by: Ruzicka

Voting Aye: Ron Minchow, Darrell Miller, Scott Stuhr, Mary Koci,

Joseph J. Ruzicka, Chairman, Board of Commissioners

Attest: Sherry Schweitzer, County Clerk

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

 

Commissioner Ron Minchow then read and submitted his letter of resignation as a Seward County Commissioner.

 

Moved by Stuhr and seconded by Koci to accept the letter of resignation, with regrets, of Ron Minchow.

Affirmative vote: Stuhr, Koci, Miller, Ruzicka                       

Abstain:  Minchow                                                                      Motion Carried.

 

The Commissioners recessed at 11:10 a.m.

The Commissioners reconvened at 11:25 a.m.

 

The Commissioners worked on the budgets as submitted by the various offices.  They visited with Joe Yocum about his budget request.

 

Moved by Ruzicka and seconded by Miller to set the Zoning Administrator salary at $31,500.

The motion was ruled out of order due to the Appointed Officials Salary Graph that already set the salary in a previous motion.

 

Other officials meeting with the Commissioners on their budget were Jeff Baker, Denise Janssen, & Russ Daehling.  Rick Nation of Blue Valley Community Action also spoke to the Board about a program that was once under their jurisdiction, but now it has changed to being a program on their own, specifically Hope Crisis Center.

 

The Board continued to meet with the following officials:  Monique Ruby.

 

The Board of Commissioners recessed at 1:15 p.m.

The Board of Commissioners reconvened at 1:45 p.m.

 

Commissioner Minchow is absent at 1:45 p.m.

 

The Commissioners continued to meet with the following officials:  Sherry Schweitzer, Wendy Elston, Marilyn Hladky, & Gail Brand.

 

Known items on the agenda for August 21, 2007 are as follows:

9:00 a.m.

Convene and announce Open Meetings Law

Pledge of Allegiance

Discuss/Action - Approve minutes of August 14, 2007

Discuss/Action - GA Case(s)

 

  9:45 a.m.

Discuss/Action – Fuel Option

 

 

Other Business Matters to Address When Time Allows

Discuss/Action – Public/Officials/Boards

Commissioners Reports

Right of Way Request(s):

Discuss/Action – Storage/Office Space

Discuss/Action – 2007-2008 County Budget

Discuss/Action – RFP for Hall of Justice

Discuss/Action – Exe. Session – Land Purchase

Discuss/Action – Vehicle Logos/Logbooks/Policy

 

Moved by Stuhr and seconded by Miller to adjourn at 4:40 p.m.

Affirmative vote: Stuhr, Miller, 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 21st day of August 2007.

         

________________________

Clerk

________________________

Chairman