July 10, 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 July 10, 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 July 10, 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 Miller and seconded by Stuhr to approve the minutes of July 3, 2007.

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

 

Moved by Miller and seconded by Koci to go into Executive Session at 9:02 a.m. to discuss pending litigation(s).

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

 

Moved by Miller and seconded by Koci to go out of Executive Session at 9:20 a.m.

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

 

The Chairman recited again that the preceding Executive Session was used for discussion involving pending litigation(s).

 

Commissioner Reports:

Commissioner Miller had no report

 

Commissioner Stuhr reported on some road issues.

 

Commissioner Minchow had no report.

 

Commissioner Koci had no report.

 

Commissioner Ruzicka had no report.

 

Moved by Stuhr and seconded by Miller to approve the right of way request from Seward County Rural Public Power District between sections 33 and 34 of Township 11 North, Range 2 East of the 6th p.m.

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

 

Dan Hansen presented names for the Board’s consideration for members of the Seward County Planning and Zoning Board and the Board of Adjustment.

 

Moved by Koci and seconded by Minchow to appoint Sue Medinger, Kurt Eberspacher and Pam Volzke to the Seward County Planning and Zoning Board for a term of 3 years.

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

 

Moved by Stuhr and seconded by Miller to re-appoint Jon Propst and James Carlson to the Seward County Board of Adjustment for a term of 3 years.

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

 

 

Moved by Stuhr and seconded by Koci to approve the Clerk of the District Court fee report for June 2007 in the amount of $1,586.88.

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

 

Moved by Koci and seconded by Stuhr to authorize the Chairman to sign the Midland Choice Network Access Fee – Appendix A.

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

 

In regard to an item regarding a resolution involving 360 Networks/Pathnet Tax Settlement, Seward County Attorney Wendy Elston led discussion.  She explained to the Board about the company 360 Networks/Pathnet and its financial problems that have led to bankruptcy. There are taxes still owed from 2001 and that an agreement has been arrived at involving the payment of taxes for 2001, 2002 and 2003.  Interest on the taxes will be written off in an agreement for payment of the actual taxes.

 

Moved by Minchow and seconded by Koci to adopt Resolution #2572 in regard to the collection of taxes for years 2001, 2002 and 2003 for the company 360Networks/Pathnet and waiving of the interest owed.

Resolution #2572

Whereas, 360networks, and their affiliate Pathnet Operating, Inc., owed Seward County for delinquent Property taxes, years 2001-2003.

 

Whereas, 360networks filed for Chapter 7 Bankruptcy, Case No. 01-12266-SSM.

 

Whereas, several other counties which were owed taxes by 360networks agreed to settle for a significantly smaller amount while Seward County held out for the full amount of taxes owed.

 

Whereas, 360networks and Pathnet have both been in contact with the Seward County Attorney’s office and the Seward County Treasurer’s office and requested the County to waive the interest due to the Bankruptcy. 

 

Whereas, Relieving 360networks and Pathnet, Inc. of any interest accrued in return for payment in full of the taxes owed by said companies, years 2001-2003, is in the county’s best interest in order to obtain the delinquent taxes.

 

Therefore Be It Resolved That, the past due interest owed by 360networks and Pathnet, Inc. will be absolved for tax years 2001, 2002, and 2003 upon receipt of payment by the Seward County Treasurer.

 

Further, Seward County Treasurer’s Office shall adjust the tax record to reflect that the total amount received indicates that taxes are paid in full.

 

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

Dated this 10th day of July, 2007

Sherry Schweitzer, Seward County Clerk

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

 

Lisa Bennett, BRIDGES Grant writer, along with Greg Majerus, described a Household Hazardous Waste Collection Event.  She asked for sponsorship of a grant.  Minchow stated that as Chairman of the Seward/Saline County Solid Waste Committee, they would be interested in helping with the event.

 

Bennett also presented 2 forms for the Commissioners’ consideration.

 

Moved by Minchow and seconded by Stuhr to authorize the Chairman to sign the Crime Commission award form and the Juvenile Diversion grant award form.

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

 

No action was taken on the fuel option item on the agenda.

 

Marvin Havlat, 1828 Sunrise Country Road, Milford, was present to discuss the condition of property he owns and which he had protested the valuation. 

 

The Seward County Board of Commissioners recessed at 10:02 a.m.

 

July 10, 2007

Seward County Board of Equalizaiton

State of Nebraska)

County of Seward) ss.

 

The Seward County Board of Equalization convened on July 10, 2007 at 10:07 a.m.

Present:

 

 

 

Absent:

Chairman:

Members:

County Clerk:

County Assessor:

Member:

Scott Stuhr

Darrell Miller, Mary Koci, Joe Ruzicka

Sherry Schweitzer

Marilyn Hladky

Ron Minchow

 

The Chairman noted that the public meeting information is posted as required by law and available for public distribution if requested.

 

Moved by Ruzicka and seconded by Miller to approve the minutes of July 3, 2007.

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

 

Commissioner Minchow is present at 10:09 a.m.

 

Chairman Stuhr led discussion on the process of the protest hearings scheduled for today.

 

The first hearing was held at 10:05 a.m. for Robert E. Glasson.  Mr. Glasson was present to give his reasons for protesting the valuation as proposed by the County Assessor.

 

 The next hearing was held at 10:15 a.m. for Glen and Lana Ogden.  The Ogdens were not present.  Hladky gave information for the valuation as proposed by her office.

 

The next hearing was held at 10:20 a.m. for a protest filed by Aloha Zimmer.  Hladky gave information for the valuation as proposed by her office.

 

The Commissioners then discussed the recommendation for a protest filed by Marvin Havlat whose hearing was last week.  Hladky gave her recommendation for the valuation of the property in question.

 

Moved by Minchow and seconded by Koci to accept the assessor’s recommendation for the Marvin Havlat property in Section 4, Township 9 North, Range 4 East of the 6th p.m. with the outbuildings value of $10,569 and land value of $69,942 and set the valuation of the house at 0.

Affirmative vote: Minchow, Koci, Miller, Ruzicka

Voting No:  Stuhr                                                                       Motion Carried.

 

The next protest hearing was held at 10:30 a.m. for Dale Rocker.  Rocker did not appear for his hearing.  Hladky gave information for the valuation as proposed by her office.

 

The next protest hearing was held at 10:37 a.m. with the approval of Mr. Moll.  He was present to give information on the reason for his valuation protest.  Hladky gave information for the valuation as proposed by her office.

 

Hladky then gave information on a protest filed by David Dickinson whose hearing was held the previous week.  She stated that an interior inspection had been done and gave her recommendation for the valuation.

 

Moved by Minchow and seconded by Koci to accept the Assessor’s recommendation for David Dickinson’s property at $355,427 for Lot 11, Jantze Thornridge First Addition, Milford, NE.

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

 

Moved by Ruzicka and seconded by Koci to approve Tax List Correction 9-07PA.

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

 

Moved by Minchow and seconded by Koci to accept the Assessor’s recommendation for the Robert E. Glasson property of $101,702 for the E ½ SE ¼ of Section 18, Township 10 North, Range 3 East of the 6th p.m.

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

Moved by Minchow and seconded by Koci to accept the Assessor’s recommendation per the FSA map information for property protested by Aloha Zimmer of $259,742 on # SW ¼ of Section 17, Township 12 North, Range 2 East of the 6th p.m.

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

 

The next protest hearing was held for Charles Toovey.  Darlene Toovey was present to give her reasons for the protest.  Hladky gave information for the valuation as proposed by her office.

 

Moved by Minchow and seconded by Ruzicka to take the Assessor’s recommendation per the FSA map information for property owned by Dale Rocker of $223,849 for NW ¼ of Section 30, Township 11 North, Range 3 East of the 6th p.m.

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

 

Moved by Minchow and seconded by Ruzicka to accept the Assessor’s recommendation per the FSA map information for property owned by Dale Rocker of $534,457 for the S ½ of Section 19, Township 11 North, Range 3 East of the 6th p.m.

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

 

The next hearing was held at 11:00 a.m. for Autumnwood Apts. Mr. Roger Johnson was present to address the Commissioners and give the reasons for the protest for this property. Hladky gave information for the valuation as proposed by her office.

 

The next hearing was held at 11:13 a.m. for Brett Cover, representative of Concorde Management Development who manages the 2 apartment buildings whose valuation is protested.  He gave information for reasons they feel the valuation should be lowered.  Hladky gave information for the valuation as proposed by her office.

 

Moved by Minchow and seconded by Ruzicka to accept the Assessor’s recommendation for the Charles Toovey property described as Lots 9-12, Block 16, Jorgensen’s Addition, Staplehurst, NE to $31,149 for the building and $2,924 for the land.

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

 

Moved by Ruzicka and seconded by Miller to adjourn as the Board of Equalization at 11:24 a.m. upon call of the Chair.

Affirmative vote: Ruzicka, Miller, Koci, Minchow, 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 11:24 a.m.

 

Commissioner Minchow read aloud a letter he penned in which it was requested the Chairman sign in regard to the newly proposed transmission line planned by NPPD.

 

Moved by Minchow to authorize the Chairman to sign the letter read into the record to NPPD.

The motion died for lack of a second.

 

Moved by Stuhr and seconded by Koci to authorize the Chairman to sign a letter to the NPPD in regard to a proposed transmission line.

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

 

 

 

 

Commissioner Miller led discussion on his thoughts for the vacant office space on the 2nd floor of the courthouse.  He suggested using the previous Veteran’s Office and Highway Superintendent’s office as storage, move CASA to the Diversion Office, move the Commissioners Room to the outer area of the vacant 2nd floor office, move the copy machine into closet area of office, move Diversion into the Commissioners office, move custodian into present CASA Office and eliminate the present custodian’s office.

 

Moved by Minchow and seconded by Koci to accept the plan above as suggested by Commissioner Miller.

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

 

Known items on the agenda for July 17, 2007 are as follows:

  9:00 a.m.

Convene and announce Open Meetings Law

Pledge of Allegiance

Discuss/Action - Approve minutes of July 10, 2007

Discuss/Action - GA Case(s)

 

  9:15 a.m.

Discuss/Action – Gary Dittmar, Kathy Calder for Village of Utica – Cleaning of Draining Ditch(es)

 

  9:30 a.m.

Discuss/Action – Bonnie Kruse – Seward Citizens on Pipeline Route Committee

 

  9:45 a.m.

Discuss/Action – Terry Meier – SENDD – Annual Report and Funding Request

 

  9:45 a.m.

Discuss/Action – Fuel Option

 

10:00 a.m.

Board of Equalization – Convene and announce Open Meetings Law

Discuss/Action – Approve minutes of July 10, 2007

Discuss/Action - Valuation Protest Hearings

Discuss/Action - Decisions on Valuation Protest Hearings

 

10:45 a.m.

Discuss/Action - Storage/Office Space/CASA

 

 

Other Business Matters to Address When Time Allows

Discuss/Action – Public/Officials/Boards

Commissioners Reports

Right of Way Request(s): Windstream between Sec 20 and 21 of 11-2

Discuss/Action – Appoint Ann Hall to Lincoln Area Agency on Aging Advisory Council

Discuss/Action – Alternate position for Board of Adjustment

 

Moved by Miller and seconded by Stuhr to adjourn at 11:50 a.m.

Affirmative vote: Miller, Koci, Minchow, 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 17th day of July 2007.

         

________________________

Clerk

________________________

Chairman