July 21, 2009

Seward County Board of Equalization

State of Nebraska)

County of Seward) ss.

 

A regular meeting of the Seward County Board of Equalization was convened in open and public session at 8:30 a.m. on July 21, 2009 in the Commissioner’s room at the Seward County Courthouse.  Notice of the meeting was posted on the Courthouse bulletin 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 Equalization has the right to modify the agenda to include items of an emergency nature only at such public meeting.

 

The Seward County Board of Equalization convened on July 21, 2009 at 8:30 a.m.

Present:

 

 

 

Chairman:

Members:

County Clerk:

County Assessor:

Larry Dedic

Scott Stuhr, Diana Garske, Mary Koci, Darrell Miller

Sherry Schweitzer

Marilyn Hladky

 

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.

 

The Board made decisions of the current year’s valuation protests.

 

Moved by Miller and seconded by Stuhr to approve the minutes of July14, 2009.

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

 

John Fritz, an appraiser for Seward County explained the reasoning for the valuations protested by Property Valuation Services for the Seward Living Center properties.

 

Moved by Stuhr and seconded by Koci to lower the valuation on Protest #2009-8 for Seward Living Center as protested by Property Valuation Services to $607,799.

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

 

Moved by Stuhr and seconded by Garske to lower the valuation on Protest #2009-9 for Seward Living Center as protested by Property Valuation Services to $979,300.

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

 

Moved by Miller and seconded by Stuhr to not change the valuation on Protest #2009-17 for Colleen Potratz, Trustee as protested by Dan Rudolph.

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

 

Moved by Stuhr and seconded by Miller to lower the valuation on Protest #2009-16 for Kile W. Johnson, Trustee as protested by Dan Rudolph to $111,638.

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

 

Moved by Koci and seconded by Stuhr to not change the valuation on Protest #2009-5 for Dennis & Sherry Golden.

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

 

Moved by Stuhr and seconded by Koci to not change the valuation on Protest #2009-6 for Dennis & Sherry Golden.

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

 

Moved by Miller and seconded by Koci to not change the valuation on Protest #2009-1 for Steve & Tammy Fotopoulos

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

 

Moved by Koci and seconded by Garske to lower the valuation on Protest #2009-2 for Crystal Tegtmeier to $198,631.

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

Moved by Stuhr and seconded by Koci to lower the valuation on Protest #2009-3 for Robert & Marcia Redler to $229,002.

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

 

The Board of Equalization recessed at 9:00 a.m.

 

July 21, 2009

Seward County Board of Commissioners

State of Nebraska)

County of Seward) ss.

 

A regular meeting of the Seward County Board of Commissioners was convened in open and public session at 9:00 a.m. on July 21, 2009 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 21, 2009 at 9:00 a.m.

Present:

Chairman:

Members:

County Clerk:

Darrell Miller

Scott Stuhr, Diana Garske, 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 Stuhr and seconded by Koci to approve the minutes of July 14, 2009.

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

 

Daehling reported that he has finished the education for stimulus funding, reported on stimulus funded projects & requirements, and road department activities.

 

Shayne Huxall of Olsson & Associates delivered a presentation on the courthouse roof drain problem.  Mike Koci, courthouse custodian was in attendance to answer questions. The courthouse roof drains are tied into the sewer drains and need to be changed.  The item will be discussed next week.

 

Moved by Stuhr and seconded by Koci to open the public hearing at 9:32 a.m. on a request for a conditional use permit to subdivide under 20 acres in A-1 District in # SE ¼ of Section 30, Township 10 North, Range 3 East of the 6th p.m.

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

 

Dan Hansen stated the recommendation of the Planning & Zoning Board.

No one appeared in opposition or in support of the request.

 

Moved by Koci and seconded by Stuhr to close the public hearing at 9:35 a.m.

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

 

Moved by Stuhr and seconded by Koci to adopt Resolution #2720 in regard to a conditional use permit to subdivide under 20 acres in A-1 District in # SE ¼ of Section 30, Township 10 North, Range 3 east of the 6th p.m.

RESOLUTION NO 2720 OF THE SEWARD COUNTY BOARD OF COMMISSIONERS

WHEREAS, Marilyn Prochaska has applied for a Conditional Use Permit to Subdivide under 20 Acres in the A-1 District, and

 

WHEREAS, The property is described as part of the SE1/4 of the SW1/4 and SW1/4 of the SE1/4, of Section 30, Township 10N, Range 3E, Seward County, Nebraska, and

 

WHEREAS, The Planning Commission held a public hearing to consider the application at a regular meeting June 22, 2009, and

WHEREAS, Notice of the public hearing was published in the Seward County Independent, the Milford Times and posted on the property, and

 

WHEREAS, The Planning Commission recommended Approval of the Conditional Use Permit, with a vote of 9 In Favor, 0 Against, and 0 Absent and Not Voting, and

 

WHEREAS, The Seward County Board of Commissioners held a public hearing to consider the application at a regular meeting July 21, 2009, and

 

WHEREAS, Notice of the public hearing was published in the Seward County Independent, the Milford Times and posted on the property, and

 

WHEREAS,

__X__ no one appeared to oppose said Conditional Use

_____ individuals appeared to oppose said Conditional Use

__X__ no one appeared to support said Conditional Use

_____ individuals appeared to support said Conditional Use

_____ individuals appeared without commitment, and

 

NOW, THEREFORE BE IT RESOLVED that the Seward County Board of Commissioners do hereby approve _X_ or ___ deny the Conditional Use Permit for Marilyn Prochaska to Subdivide under 20 Acres in the A-1 District, on a tract of ground located in part of the SE1/4 of the SW1/4 and SW1/4 of the SE1/4, Section 30, Township 10N, Range 3E Seward County, Nebraska.

Motion by: Stuhr

Seconded by: Koci

Roll Call

Ayes: Scott Stuhr, Mary Koci, Larry J. Dedic, Diana L. Garske,

Darrell Miller, Chairman, Board of Commissioners

July 21, 2009

Attest: Sherry Schweitzer, Seward County Clerk

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

 

Moved by Stuhr and seconded by Dedic to open a public hearing at 9:38 a.m., as published, to add a section to the Subdivision regulations dealing with tornado sirens.

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

 

Dan Hansen stated the recommendation of the Planning & Zoning Board.

No one appeared in opposition or in support of the request.

 

Moved by Koci and seconded by Stuhr to close the public hearing at 9:40 a.m.

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

 

Commissioner Stuhr stated that the Planning & Zoning Board recommendation only wanted more information and so no resolution needs to be adopted.  The Zoning Administrator will visit with the E911 Board to get the Planning & Zoning Board the information they have requested.

 

Matt Howe and Donnie Stockley of Technical Services gave the Commissioners information on off-site storage for the county information.  An estimate for checking all county computers and installing the program was given to the Commissioners.  They explained some security issues that were brought up.  The issue will be on the agenda next week.

 

The Commissioner recessed at 9:50 a.m.

The Commissioner reconvened at 9:59 a.m.

 

Moved by Koci and seconded by Stuhr to open the public hearing at 10:00 a.m., as published, to change the setbacks in the Agricultural District 4.03.03 Con Uses # 18 (Sanitary Landfill setbacks to residences that are not on the same properties).

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

 

Dan Hansen gave the Planning & Zoning Commission’s recommendation.

 

Those members of the public that spoke at the hearing were:

In Support of the zoning change:

Steve Mossman, an attorney for G & P Development, and Kelly Danielson of G & P Development.

 

Nobody spoke in opposition of said request.

 

Moved by Stuhr and seconded by Garske to close the public hearing at 10:23 a.m.

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

 

Moved by Stuhr and seconded by Dedic to table the subject of possible changes to the setbacks in the Agricultural District 4.03.03 Con Uses # 18 (Sanitary Landfill setbacks to residences that are not on the same properties) until next week.

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

 

Terry Kamprath gave information about the prisoner census in the Seward County Jail, the jail roof and the jail building committee.

 

Sherry Schweitzer, County Clerk gave the Commissioners information on a wage study she was involved in for Cass County.

 

Commissioners Reports:

Commissioner Stuhr reported on road documentation requested by Senator Ben Nelson for a project.

 

Commissioner Garske reported she attended a CASA meeting and also a meeting with representatives of law enforcement and the courts on a possible Drug Court.

 

Commissioner Dedic reported on a road problem and also a Weed Department Vehicle incident.

 

Commissioner Koci reported she attended an Economic Development Board meeting.

 

Commissioner Miller had no report.

 

Seward County Attorney Wendy Elston informed the Board about wording for an agreement for the Upper Big Blue NRD.

 

Moved by Koci and seconded by Dedic to authorize the Chairman to sign an agreement with Upper Big Blue NRD for the purpose of boring and jacking a steel pipe through the Moravec Dam and is built on the county road right of way located between the NW ¼ of Section 6, Township 12 North, Range 3 East of the 6th p.m. in Seward County and the SW ¼ of Section 31, Township 13 North, Range 3 East of the 6th p.m. in Butler County.

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

 

Moved by Stuhr and seconded by Koci to approve the right of way request for Dale Niemann between Section 36 Township 12 North, Range 1 and Section 1, Township 11 North, Range 1 all East of the 6th p.m.

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

 

The landscaping project south of the jail was discussed.  Mike Koci, courthouse custodian got an estimate for leveling and covering the area $1,933.  This was in addition to the rock and/or grass and a possible retaining wall cost estimates. Discussion about the upkeep and/or the type of grass that would best fit the area was held.  The road department will assist in getting the project done and will get more information for the Commissioners.

 

Commissioner Garske led discussion on a Viaero grant.  After visiting with the E911 Director, it was decided that Seward County would not participate.

 

Moved by Koci and seconded by Garske to re-appoint Don Olson to the Lincoln Area Agency on Aging’s Area Wide Advisory Council.

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

 

The Board of Commissioners recessed at 11:16 a.m.

The Board of Equalization reconvened at 11:25 a.m.

 

Hladky gave information on the various protests that need to be decided on.

 

Moved by Miller and seconded by Koci to not change the valuation on Protest #2009-4 for Dwane & Laura Rauscher.

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

 

Moved by Stuhr and seconded by Koci to not change the valuation on Protest #2009-7 for Lindley & Tanya Williams.

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

 

Moved by Stuhr and seconded by Koci to not change the valuation on Protest #2009-10 for Austin & Karissa McDonald.

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

 

Moved by Stuhr and seconded by Garske to lower the valuation on Protest #2009-11 for Russell Keller c/o Kevin Keller to $58,874.

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

 

Moved by Stuhr and seconded by Garske to not change the valuation on Protest #2009-12 for Linda Hawley.

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

 

Moved by Stuhr and seconded by Miller to not change the valuation on Protest #2009-13 for John Chloupek.

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

 

Moved by Stuhr and seconded by Miller to not change the valuation on Protest #2009-14 for Harold & Connie Wheeler.

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

 

Moved by Stuhr and seconded by Koci to not change the valuation on Protest #2009-15 for Mark Eberspacher & Kim Schrader Eberspacher.

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

 

Moved by Stuhr and seconded by Garske to not change the valuation on Protest #2009-18 for Bryan & Amy Miller.

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

 

Moved by Koci and seconded by Garske to not change the valuation on Protest #2009-19 for Hazel Hendrix c/o Gary Hendrix.

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

 

Hladky then informed the Commissioners of her office activities. 

 

Known items on the agenda for July 28, 2009 for the Board of Equalization are as follows:

  8:30 a.m.

Convene and announce Open Meetings Law

Pledge of Allegiance

Discuss/Action - Approve minutes of July 21, 2009

Discuss/Action- Assessor Information Update

 

Moved by Miller and seconded by Koci to adjourn at 12:04 p.m.

Affirmative vote: Miller, Koci, Garske, Stuhr, Dedic               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 28th day of July 2009.

         

________________________

Clerk

________________________

Chairman

 

 

The Board of Commissioners reconvened at 12:04 p.m.

 

Known items on the agenda for July 28, 2009 for the Board of Commissioners are as follows:

  9:00 a.m.

Convene and announce Open Meetings Law

Pledge of Allegiance

Discuss/Action- Approve Minutes of July 21, 2009

Discuss/Action – July 2009 claims

 

  9:02 a.m.

Discuss/Action- Lisa Bennett/BRIDGES-Auth Chairman to sign crime commission grant documents

 

  9:15 a.m.

Discuss/Action- Gary Petersen-Res-Seward County LEOP

 

  9:20 a.m.

Discuss/Action- Doug Brand-Seward Co. Fair Board-Requests permission to place electronic sign on courthouse square Aug 1-16, 2009 for Seward Co Fair

 

  9:30 a.m.

Discuss/Action- Counseling during incarceration

 

  9:45 a.m.

Discuss/Action- Res-change the setbacks in the Agricultural District 4.03.03 Con Uses # 18 (Sanitary Landfill setbacks to residences that are not on the same properties)

 

10:30 a.m.

Discuss/Action- budget meetings with officials

 

 

Other Business Matters to Address When Time Allows

Discuss/Action – Public/Officials/Boards

Commissioners Reports

Discuss/Action- 224th road repairs by Sunrise Country Manor

Right of Way Request(s):

Discuss/Action- Courthouse roof drain project

Discuss/Action- Off-site storage

 

The Board of Commissioners recessed at 12:12 p.m.

The Board of Commissioners reconvened at 1:07 p.m. at the Civic Center.

 

The Board of Commissioners discussed several subjects such as budgets, claims, and county expenses.

 

The Board of Commissioners recessed at 3:10 p.m.

The Board of Commissioners reconvened at 3:20 p.m.

 

The Board of Commissioners had more discussion of the same subjects. 

 

Moved by Stuhr and seconded by Garske to adjourn at 5:21 p.m.

Affirmative vote: Stuhr, Garske, Koci, Dedic, Miller                         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 28th day of July 2009.

         

________________________

Clerk

________________________

Chairman