May 6, 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 May 6, 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 Commissioners convened on May 6, 2008 at 8:30 a.m.

Present:

 

 

Absent:

Chairman:

Members:

Deputy County Clerk:

Member:

Joe Ruzicka

Darrell Miller, Scott Stuhr, Mary Koci

Lisa Dey

Larry Dedic

                  

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 Koci and seconded by Stuhr to approve the minutes of April 28th and 29th, 2008.

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

 

Officials present for their monthly meeting with the Board were:  Gail Brand, Denise Janssen, Jeff Baker, Joe Yocum, Marilyn Hladky, Jacque Stewart, Bob Dahms, Russ Daehling, Gary Petersen, Kathy Ruzicka, Dan Hansen, Barb Liska, and Wendy Elston.

 

Marvin Havlat was present and commented on the Havlat property trespassing signs.

 

Paul Essman was present at 8:35 a.m. for discussion regarding the Preliminary Salary Study.

 

The Commissioners recessed at 8:54 a.m.

The Commissioners reconvened at 8:58 a.m.

 

Gary Petersen was present to discuss Continuity of Operations Planning. He reported that each office needs to list a plan in case of emergency that would allow each office to work if something would happen that would destroy the Courthouse. 

 

Commissioners Reports:

Commissioner Miller reported that he is still working with York County on an Interlocal agreement regarding Emergency Management. He will meet with York County again on Monday.

 

Commissioner Stuhr reported that he spoke with Russ Daehling, Seward County Highway Superintendent on the Utica drainage issue.  The cost of the project was more than what was expected so they are looking into some engineering changes to save some costs.

 

Commissioner Koci had no report.

 

Commissioner Ruzicka had no report.

 

Moved by Stuhr and seconded by Koci to approve the Right of Way request by Windstream between Section 33 of Township 12 North, Range 4 and Section 4 of Township 11 North, Range 4 all East of the 6th p.m.

Affirmative vote: Stuhr, Koci, Miller

Voting No:  Ruzicka                                                                    Motion Carried.

 

 

 

 

 

Moved by Stuhr and seconded by Miller to adopt Resolution #2631 for the Shortform Plat of Raiter Addition in the NW ¼ of Section 19 of Township 12 North, Range 4 East of the 6th p.m.

RESOLUTION NO 2631 OF THE SEWARD COUNTY BOARD OF COMMISSIONERS

WHEREAS, Evelyn Raiter  has applied for a Short Form Plat Subdivision of property owned by her, and described as a tract in part of theN1/2 of the NW1/4, Section 19, Township 12N, Range 4E, Seward County, Nebraska, and

 

WHEREAS, The subdivision shall be Raiter Addition, and

 

WHEREAS, The Seward County Planning Commission held a meeting on April 28, 2008 to consider the Short Form Plat, and

 

WHEREAS, the Planning Commission recommended approval of the Raiter Addition Short Form Plat with a vote of 6 For, 0 against, and 3 Absent and Not Voting, and

 

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 approve___X___, Deny________ the Raiter Addition Short Form Plat with Resolution NO: 2631.

Motion by: Stuhr

Seconded by:     Miller                    Absent: Dedic

Roll Call

Ayes: Scott Stuhr, Darrell Miller, Mary Koci,

Joseph J. Ruzicka, Chairman, Board of Commissioners

May 6, 2008

Attest: Lisa Dey, Deputy Seward County Clerk

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

 

Moved by Koci and seconded by Miller to adopt Resolution #2632 for the Shortform Plat of Welsch Subdivision in the SE ¼ of Section 25 of Township 9 North, Range 3 East of the 6th p.m.

RESOLUTION NO 2632 OF THE SEWARD COUNTY BOARD OF COMMISSIONERS

 

WHEREAS, Steven Lorenz  has applied for a Short Form Plat Subdivision of property owned by Eugene and Louise Welsch, and described as a tract in part of the SE1/4, Section 25, Township 9N, Range 3E, Seward County, Nebraska, and

 

WHEREAS, The subdivision shall be Welsch Subdivision, and

 

WHEREAS, The Seward County Planning Commission held a meeting on April 28, 2008 to consider the Short Form Plat, and

 

WHEREAS, the Planning Commission recommended approval of the Welsch Subdivision  Short Form Plat with a vote of 6 For, 0 against, and 3 Absent and Not Voting, and

 

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 approve___X___, Deny________ the Welsch Subdivision Short Form Plat with Resolution NO: 2632.

Motion by: Koci

Seconded by: Miller                                   Absent: Dedic

Roll Call

Ayes: Mary Koci, Darrell Miller, Scott Stuhr,

Joseph J. Ruzicka, Chairman, Board of Commissioners

May 6, 2008

Attest: Lisa Dey, Deputy Seward County Clerk

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

 

Moved by Miller and seconded by Stuhr to accept the Sheriff Fee & Mileage report for February 2008 in the amounts of $972.50 and $435.34, respectively.

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

 

Frank Herzfeld was present at 9:15 am. to discuss property in Grover in Section 1, Township 9 North, Range 3 East of the 6th p.m. He stated property across the road needs to be cleaned up and also stated that it’s a health hazard. The Commissioners suggested that if it’s a zoning issue to file a complaint with the City of Milford but it would still be a health issue that the County would need to look into. Sheriff Yocum said that there are items out there that should be cleaned up.  Sheriff Yocum will go take a look at the property and take pictures and then if needed the Commissioners can direct it to the County Board of Health.

 

The item of Garbage Service was discussed at this time. Commissioner Ruzicka reported that he received a number of phone calls regarding the Garbage Service.  The Commissioners would like to go out for bids for the Garbage Service. The Commissioners directed Mike Koci, Custodian to advertise for bids.

 

Moved by Koci and seconded by Miller to accept the District Court Fee Report for April 2008 in the amount of $1,982.95.

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

 

Dave Merrill with Region V Services and CJ Johnson with Region V Systems were present at 9:30 a.m. to give the Commissioners their annual report.

 

Discussion was held regarding the Seward County Courthouse storm water drainage issue. 

Commissioner Ruzicka will meet with the City of Seward to discuss the problem.

 

Moved by Stuhr and seconded by Koci to authorize the Chairman to sign the Service Agreement with Hines & Associates Inc.

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

 

Lee Johnsen and Ben Pitz with Mid American Benefits Inc were present to discuss New Health Insurance Rates. 

 

Moved by Stuhr and seconded by Koci to accept the offer from American United Life and the offer for AIG for Transplant Carve Out Insurance and setting the rates at 9.8% above the current rate.

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

 

The Commissioners recessed at 11:00 a.m.

The Commissioner reconvened at 11:08 a.m.

 

Moved by Stuhr and seconded by Koci to go into Executive Session at 11:10 a.m. to discuss pending litigation.

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

 

Moved by Stuhr and seconded by Koci to go out of Executive Session at 11:17 a.m.

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

 

Chairman Ruzicka reiterated that Executive Session was held to discuss pending litigation.

 

Known items on the agenda for May 20, 2008 are as follows:

 9:00 a .m.

Convene and announce Open Meetings Law

Pledge of Allegiance

Discuss/Action – Approve minutes of May 6, 2008

 

 9:15 a.m.

Discuss/Action – John Cunningham – Wetlands America Trust – Conservation Easement

 

 9:30 a.m.

Discuss/Action – Open Bridge Letting Bids

 

10:00 a.m.

Discuss/Action –Public Hearing-request for Zone Change in NE1/4 23-10-4

Discuss/Action – Adopt Resolution on request for Zone Change in NE1/4 23-10-4

 

10:03 a.m.

Discuss/Action – Public Hearing- Conditional Use Permit in NE ¼ 23-10-4

Discuss/Action – Adopt Resolution on Conditional Use Permit in NE ¼ 23-10-4

                            

10:06 a.m.

Discuss/Action – Public Hearing on Conditional Use Permit in SE ¼ 15-12-4

Discuss/Action – Adopt Resolution Conditional Use Permit in SE ¼ 15-12-4

 

10:09 a.m.

Discuss/Action – Public Hearing on Conditional Use Permit in NE1/4 SE ¼ 13-10-3

Discuss/Action - Adopt Resolution on Conditional Use Permit in NE1/4 SE ¼ 13-10-3

 

10:12 a.m.

Discuss/Action – Public Hearing Conditional Use Permit in NE ¼ 14-10-2

Discuss/Action –Adopt Resolution on Conditional Use Permit in NE ¼ 14-10-2

 

10:15 .am.

Discuss/Action – Public Hearing for Conditional Use Permit in NE ¼ 23-9-3

Discuss/Action – Adopt Resolution on Conditional Use Permit in NE ¼ 23-9-3

Discuss/Action – Resolution – Short form Plat on Boyer Addition in N1/2 SE ¼ 15-12-4

 

 

Other Business Matters to Address When Time Allows

Discuss/Action – Public/Officials/Boards

Discuss/Action – Jail Updates

Commissioners Reports

Right of Way(s):

Discuss/Action – Fourth of July-Bathrooms

Discuss/Action – SAS112 Update

Discuss/Action – Possible Agreement with York County combining Emergency Management

        

Moved by Stuhr and seconded by Koci to adjourn at 11:23 a.m.

Affirmative vote: Stuhr, Koci, Miller, 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 20th day of May 2008.

         

________________________

Clerk

________________________

Chairman