December 4, 2007

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 December 4, 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 December 4, 2007 at 8:30 a.m.

Present:

Chairman:

Members:

County Clerk:

Joe Ruzicka

Darrell Miller, Scott Stuhr, Larry Dedic, 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 Miller and seconded by Stuhr to approve the minutes of November 27, 2007.

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

 

Those officials present during their monthly discussion with the Commissioners were Joe Yocum, Denise Janssen, Gail Brand, Kathy Ruzicka, Mike Koci, Marilyn Hladky, Russ Daehling, Dan Hansen, Gary Petersen, Barb Liska, Jacque Stewart and Sherry Schweitzer.

 

Commissioner Reports:

Commissioner Miller reported he would like to change the locks for the new courthouse annex west.  He also inquired about what budget the utilities come out of.

 

Commissioner Stuhr reported he had received many calls about the NPPD item on the agenda today.

 

Commissioner Dedic received a call about the Jail RFP Interviewing Session to be held Wednesday.

 

Commissioner Koci reported that she attended CASA and BRIDGES meetings.

 

Commissioner Ruzicka has received many calls about the NPPD item.

 

Dan Hansen, Seward County Zoning Administrator presented information on the Dobesh short form plat.

 

Moved by Stuhr and seconded by Miller to adopt Resolution #2594 in regard to approving the Short Form Plat Dobesh Addition in # SE ¼ SE ¼ of Section 1 Township 12 North, Range 2 East of the 6th p.m.

RESOLUTION NO 2594 OF THE SEWARD COUNTY BOARD OF COMMISSIONERS

 

WHEREAS, Arthur S. Dobesh has applied for a Short form Plat Subdivision of property owned by and described as a tract in the SE1/4 of the SE1/4 Section 1, Township 12 North, Range 2E, Seward County, Nebraska, and

 

WHEREAS, The subdivision shall be called DOBESH ADDITION, and

 

WHEREAS, The Seward County Planning Commission held a meeting on November 26, 2007 to consider the Short form Plat, and

 

WHEREAS, the Planning Commission recommended Approval of the Dobesh ADDITION Short form Plat with a vote of 7 For, None Against, and 2 Absent and Not Voting,

 

 

 

WHEREAS,

__X__ no one appeared to oppose the subdivision

_____ individuals appeared to oppose the subdivision

__X__ no one appeared to support the subdivision

_____ individuals appeared to support the subdivision

_____ individuals appeared without commitment, and

 

 

THEREFORE BE IT RESOLVED that the Seward County Board of Commissioners do hereby _X_approve or ___deny the DOBESH ADDITION Short form Plat.

Motion by: Stuhr

Seconded by: Miller

Roll Call

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

Joseph J. Ruzicka, Chairman, Board of Commissioners

December 4, 2007

Attest: Sherry Schweitzer, Seward County Clerk

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

 

Russ Daehling, Seward County Highway Superintendent presented a right of way request for the Commissioners approval.

 

Moved by Stuhr and seconded by Dedic to approve the right of way request from Windstream between Section 31, Township 11 North, and Section 6, Township 10 North, all in Range 3 East of the 6th p.m.

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

 

Moved by Miller and seconded by Dedic to go into Executive Session at 8:55 a.m. to discuss a General Assistance Case, it being necessary to protect the reputation of the individual(s).

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

 

Chairman Ruzicka restated that the reason for the Executive Session was for a General Assistance Case, it being necessary to protect the reputation of the individual(s).

 

Moved by Miller and seconded by Stuhr to go out of Executive Session at 9:25 a.m.

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

 

Moved by Stuhr and seconded by Koci to approve funds for General Assistance Case #1380 of up to $267.96 for utilities and to allow the General Assistance Director to negotiate partial assistance from other resources for that expenditure.

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

 

John Trouba of Southeast Nebraska Development District was present to discuss a plan, which would help economic development for Seward County.  Currently, Seward County Economic Development is not in an economic development group.  By passing a resolution, Seward County would join the River Country Economic Development District.

 

Moved by Stuhr and seconded by Koci to adopt Resolution #2595 in regard to economic development and developing the Comprehensive Economic Development Strategy document.

Resolution # 2595 the Seward County Board of Commissioners

 

This Resolution is hereby made this 4th day of December, 2007 by the Board of County Commissioners of Seward County Nebraska, hereinafter referred to as “Seward County Board.”

 

WITNESS THAT:

 

WHEREAS, the Seward County Board recognizes the need for a strong economic environment in Seward County, Nebraska, and

 

WHEREAS, said strong economic environment will benefit the residents and businesses of Seward County, Nebraska; and

 

WHEREAS, the United States Economic Development Administration (EDA) has funding available to assist local governments and businesses to achieve a strong economic environment; and

WHEREAS, in order to acquire said funding, it is necessary that a Comprehensive Economic Development Strategy (CEDS) be created.

 

NOW, THEREFORE, be it hereby resolved by the Seward County Board that Seward County, Nebraska adopt the CEDS document completed by a county-wide planning process composed of representatives of Seward County.

 

Dated this 4th day of December, 2007

Motion by: Stuhr

Seconded by: Koci

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

Joseph J. Ruzicka, Chairman, Board of Commissioners

Attest: Sherry Schweitzer, Seward County Clerk

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

 

Moved by Stuhr and seconded by Koci to adopt Resolution #2596 supporting Seward County’s inclusion into the River Country Economic Development District.

Resolution # 2596 the Seward County Board of Commissioners

 

WHEREAS, the Legislature of Nebraska has established boundaries of the state’s planning districts and councils of governments; and

 

WHEREAS, Seward County is currently not part of any economic development district and is in need of planning assistance for accomplishment of our economic development goals and objectives; and

 

WHEREAS, Seward County desires to become an active participant in the affairs of the River Country Economic Development District (RCEDD)/SENDD and has adopted a Comprehensive Economic Development Strategy (CEDS) which is being incorporated into the RCEDD/CEDS and,

 

WHEREAS, Seward County’s membership in the River Country Economic Development District/SENDD will contribute to a more effective program of economic development in the area.

 

NOW, THEREFORE BE IT RESOLVED by the Seward County Board of Commissioners that Seward County supports its inclusion in the membership of the River Country Economic Development District/SENDD.

Dated this 4th day of December, 2007.

Motion by: Stuhr

Seconded by: Koci

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

Joseph J. Ruzicka, Chairman, Board of Commissioners

Attest: Sherry Schweitzer, Seward County Clerk

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

 

Moved by Koci and seconded by Stuhr to authorize the Chairman to sign the letter to the U.S. Department of Commerce in regard to including Seward County in the River Country Economic Development District.

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

 

The Commissioner recessed at 9:45 a.m.

The Commissioner reconvened at 10:01 a.m.

 

Moved by Koci and seconded by Miller to open the bids for the E911 rural signs.

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

 

Bids were received from the following companies:

B’s Enterprises, Norfolk, NE

Midwest Service & Sales, Schuyler, NE

Prestige Signs & Graphics, Seward, NE

Brad Lavicky, Bee, NE

Sign-Up Ltd, Webster City, NE

Rocal Inc., Frankfort, Ohio

 

The Board recessed at 10:15 a.m.

The Board reconvened at 10:30 a.m.

 

Commissioner Stuhr led discussion on the NPPD transmission line item on the agenda.  He had contacted several individuals/entities including NPPD to meet today and air some concerns associated with the proposed new NPPD transmission line.

 

Nebraska Public Power District representatives present were:

Ed Wagner, Vice President of NPPD.

Al Beierman, Land Management Manager

Craig Holthe, Project Manager

Bonnie Hostetler, Staff Attorney

Ken Schmieding, NPPD Board member

Dennis Schroeder, Project Engineer

Mark Miller, Project Coordinator

Jeff Serafin and Brian Floro from JEO

 

Wagner led a small presentation and gave details why NPPD needs to build a new transmission line.  He stated that in September 2006 NPPD started talking about the need for a new transmission line. In January 2007 they hired Power Engineers to help them with the project.  They held several open houses in March 2007 in areas near the route.  They had a meeting in June and invited property owners of record from the County Assessor’s office.  They had a meeting in September and stated the proposed alternate routes and the preferred route.  In October, they had legally required hearings.  They are now in a 30-day waiting period, waiting for comments to come that are in favor or opposed to the preferred route.  If the route now is moved and more than 10 new property owners are affected, they are required to start over with the hearing process.  He did comment on the survey work already done in Seward County right of way, without the required right of way permit.  (Previous mention of the survey work is in previous meeting minutes.)  He stated that due to weather and cost, he had authorized the work.

 

Below are comments included in the discussion about the proposed transmission line:

  • Problems arising if the transmission line were installed near the Seward Airport.
  • If area south of Interstate 80 were considered, a new set of hearings and notices to landowners would need to be initiated.
  • Using a route along the Interstate would be along a “Federal” highway, which would require more challenges.  There is a 300’ “protected zone” on either side of the Interstate for expansion.  That would require NPPD to be outside the protected zone.  No building could be in the transmission line area.  There currently are 3 interchanges that the transmission line would need to go around.  NPPD would also need permission to cross the Interstate twice. 
  • The height of the poles and reasons for the various height changes were explained.
  • Poles for the new transmission line will be around 125-175 ft. high and 5-8’ in circumference.
  • The reason NPPD chose not to go straight north out of Lincoln and then West to Columbus was due to the number of residences in the area and that it also affected Branched Oak Lake.
  • After the 30-day comment period, NPPD will decide which side of the road they will use.

 

During public discussion time of this subject on the agenda, the following constituents spoke:

 

Alan Keller spoke about the restriction that the poles have with center pivot irrigation systems.

 

Pat Reed who lives near the Twin Oakes area provided a map to each Commissioner with information and also disputed some information provided by NPPD in regard to the 300’ “protected area” by the Interstate.

 

A.J. Herrold spoke about using an alternate route that will not impact the airport area and the agricultural area in Seward County.

 

John Grasmick spoke about possible improvements along Waverly Road and that placing the line along this area will impact economic growth.  Placing the line underground is still a viable option.

 

Russ Daehling, Seward County Highway Superintendent then discussed the survey markers that have been found in the county right of way and which NPPD placed but had no permit for.  NPPD did not realize they needed a permit and have not applied for one.  The markers/monuments are permanent cement ones.  Daehling stated that he wished NPPD had requested the permit prior to installation so that these markers could have been put in an area that could have been used for other functions.    NPPD said that costs for locating corners and quarter sections, etc. would be paid by NPPD since they realize this project was not within the usual County Surveyor’s budget.

 

Moved by Stuhr and seconded by Miller to approve the right of way request from NPPD between Section 10 and 15 of Township 12, Range 3 East of the 6th p.m. on the condition the markers are on the edge of the right of way and if the location is not acceptable to the Seward County Highway Superintendent, costs associated with moving will be provided by NPPD.

 

Moved by Stuhr and seconded by Miller to amend the previous motion to include the right of way requests for the following properties with the same conditions:  between Sections 26 and 35 of Township 12 North, Range 3 East of the 6th p.m.; between Sections 13 and 24 of Township 11 North, Range 3 East of the 6th p.m.; between Sections 6 and 7 and between 15 and 16 of Township 10 North, Range 4 East of the 6th p.m.

Voting on the Amendment:

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

 

Voting on the Motion as amended:

Affirmative vote: Stuhr, Miller, Koci, Ruzicka

Voting No:  Dedic                                                                       Motion Carried.

 

Known items on the agenda for December 11, 2007 are as follows:

9:00 a.m.

Convene and announce Open Meetings Law

Pledge of Allegiance

Discuss/Action - Approve minutes of December 4th & 5th, 2007

Discuss/Action - GA Case(s)

 

  9:30 a.m.

Discuss/Action – Open bids for Motor Grader

 

10:00 a.m.

Discuss/Action – Award bid for Rural 911 signs

 

10:30 a.m.

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

Discuss/Action - Approve minutes of Oct 30, 2007

Discuss/Action – Greenbelt Disqualification Protest

Discuss/Action – Decisions on above protests

 

 

Other Business Matters to Address When Time Allows

Discuss/Action – Public/Officials/Boards

Commissioners Reports

Right of Way Request(s):

Discuss/Action – Accept Sheriff’s Fees and mileage for Sept 2007 - $1,810.52 and $667.59

Discuss/Action – Accept Sheriff’s Fees and mileage for Oct 2007 - $1,716.50 and $877.99

Discuss/Action – NPPD Transmission Line

Discuss/Action –Courthouse Hours for Christmas Eve

Discuss/Action – E911 Interlocal Agreement discussion

Discuss/Action – Courthouse West Annex facility changes

Discuss/Action – Appoint Member to Board of Adjustment

Discuss/Action – County Commissioner and Public Defender Salary for 2009-2012 term

 

Moved by Miller and seconded by Koci to adjourn at 11:55 a.m.

Affirmative vote: Miller, Koci, Dedic, Stuhr, 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 11th day of December 2007.

         

________________________

Clerk

________________________

Chairman