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November 10, 2009 Seward |
State of
A regular meeting of the
Seward County Board of Equalization was convened in open and public session at 8:30
a.m. on November 10, 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
The Seward County Board of
Equalization convened on November 10, 2009 at 8:30 a.m.
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Present: |
Chairman: Members: Deputy County Treasurer: |
Larry Dedic Scott Stuhr, Diana
Garske, Mary Koci, Darrell Miller Sherry Schweitzer Marilyn Hladky Susan Blomenberg |
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 Koci to approve the minutes of October 27, 2009.
Affirmative vote: Miller,
Koci, Stuhr, Garske, Dedic Motion
Carried.
Moved by Stuhr and seconded
by Garske to approve the motor vehicle exemption requests from
Affirmative vote: Stuhr,
Garske, Koci, Miller, Dedic Motion
Carried.
Hladky reported on
information that was discussed at her monthly Assessor’s meeting.
Known items on the agenda
for November 24, 2009 are as follows:
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8:30 a.m. |
Convene and announce Open
Meetings Law Pledge of Allegiance Discuss/Action - Approve
minutes of November 10, 2009 Discuss/Action- Assessor
Information Update |
Moved by Stuhr and seconded
by Miller to adjourn at 8:55 a.m.
Affirmative vote: Stuhr,
Miller, Koci, Garske, Dedic Motion
Carried.
State of
I, Sherry Schweitzer, the
undersigned
IN WITNESS WHEREOF, I have hereunto
set my hand and affixed my official seal this 24th day of November
2009.
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________________________ Clerk |
________________________ Chairman |
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November 10, 2009 Seward |
State of
A regular meeting of the
Seward County Board of Commissioners was convened in open and public session at
9:00 a.m. on November 10, 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
The Seward County Board of
Commissioners convened on November 10, 2009 at 9:00 a.m.
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Present: |
Chairman: Members: |
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 Koci and seconded
by Dedic to approve the minutes of November 3, 2009.
Affirmative vote: Koci, Dedic,
Garske, Stuhr, Miller Motion
Carried.
During
public/officials/boards reports, Jonathan Jank, Director of CASA informed the
Commissioners of various events that CASA has promoted lately such as “Boo on
The Square” and the “Pamper Me Boutique.”
He also explained other events that bring awareness to CASA.
Sherry
Schweitzer informed the Board that the Census Bureau has requested the County
designate a small work area so that Census workers can assist residents who
have questions pertaining to the census questionnaire.
Dan Hansen, Seward County
Zoning Administrator reported he would be out of the office next week.
Mike Koci reported a tree
was planted to replace one that had been damaged in a storm and that another
tree would also be planted soon. He also
reported that the clock on top of the courthouse was not working correctly and
that he had called for repairs.
Russ Daehling, Seward
County Highway Superintendent reported that our insurance carrier, NIRMA, had
facilitated a safety workshop for the road crew this past week. He also reported on bridge project
developments, equipment problems, available funds for bridge safety from the NE
Rural Safety Program, and that he is reviewing the snow storm policy.
Sheriff Joe Yocum reported
that currently the jail is full and that there are some prisoners at other
county facilities. He also reported on
employees in his office, possibly purchasing new video equipment, and police
services in smaller villages.
Dan Hansen, Seward County
Zoning Administrator presented a letter that he requested the Chairman to sign
for the Nebraska Department of Environment Quality in regard to waiving the
fees for inspecting properties by Hansen.
Moved by Stuhr and seconded
by Koci to authorize the Chairman to sign the letter in regard to Title 124
“Certification for On-Site Professionals.”
Affirmative vote: Stuhr,
Koci, Garske, Dedic, Miller Motion
Carried.
Moved by Dedic and seconded
by Stuhr to adopt Resolution #2751 in regard to Federal Aid Bridge Replacement
Project # BRO-7080 (40) Beaver Crossing Southwest located between Sections 8
and 17 of Township 9 North, Range 1 East.
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RESOLUTION
Resolution No. 2751 |
Whereas:
Whereas:
the RC will ensure that, at a minimum, (1) the project receives independent and
careful development, supervision and inspection, (2) the project is constructed
in compliance with the plans and specifications, (3) all aspects of the
project, from planning through construction activities, including all
environmental commitments, remain eligible for federal funding, and (4)
decisions made and actions taken for the project have adequate supporting
documentation filed in an organized fashion.
For
purposes of this resolution, the following definitions will apply:
Fully qualified means a person who has satisfactorily completed all applicable Nebraska
Department of Roads (NDOR) training courses and who has met the other
requirements necessary to be included on the NDOR list of qualified Local
Public Agency (LPA) RCs.
Full-time public employee means a public employee who meets all the
requirements and is afforded all the benefits of full-time employees as that
phrase is applied to other employees of the employing public entity. A person is not a full-time public employee
if that person provides outside private consulting services, or is employed by
any private entity, unless that person can prove to NDOR in advance, that
employee’s non-public employment is in a field unrelated to any aspect of the
project for which federal aid is sought.
Public employee means a person who is employed solely by a county, a municipality, a
political subdivision; a Native American tribe; a school district; another
entity that is either designated by statute as public or quasi-public; or an
entity included on the list of entities determined by the NDOR, and approved by
the Federal Highway Administration (FHWA), as fulfilling public or quasi-public
functions.
Responsible charge means the public employee who is fully empowered by the LPA and has
actual day-to-day working knowledge and responsibility for all decisions
related to all aspects of the federal-aid project from planning through
construction project activities, including all environmental commitments. The RC is the day-to-day project manager, and
the LPA’s point-of-contact for the project. Responsible charge does not mean merely
delegating the various tasks; it means active day-to-day involvement in
identifying issues, investigating options, working directly with stakeholders,
making decisions, and actively monitoring project construction. It is understood that the RC may delegate or
contract certain technical tasks associated with the project so long as the RC
actively manages and represents the owner’s interests in the delegated
technical tasks.
Be It Resolved: by the Board of Commissioners of
Russell
L. Daehling, Seward County Highway Superintendent is hereby designated as Responsible Charge (RC) for
pre-construction and construction phases, in accordance with the Project
Program Agreement previously executed, the NDOR LPA
Guidelines Manual for Federal-aid Projects, and all Federal, State and local
laws, rules, regulations, policies and guidelines for the following Federal-aid
transportation project:
NDOR
Project Number BRO-7080 (40),
NDOR
Control Number 12012,
Beaver
Crossing Southwest.
1)
It has
authorized and fully empowered the RC to be in day-to-day responsible charge of
the subject federal-aid project; this does not mean merely supervising,
overseeing or delegating the various tasks, it means active day-to-day
involvement in the project including identifying issues, investigating options,
working directly with stakeholders, and decision-making.
2)
The RC is a
full-time public employee.
3)
The RC is fully
qualified and has successfully completed required training to serve as a RC.
4)
It will allow
the RC to spend all time reasonably necessary to properly discharge all duties
associated with the project, including ensuring that all aspects of the
project, from planning through post-construction activities, remain eligible
for federal-aid highway project funding.
5)
It will not
assign other duties to the RC that would affect his or her ability to properly
carry out the duties set out in this agreement.
6)
It will provide
necessary office space, materials and administrative support for the RC.
7)
It will fully cooperate
with, support and not unreasonably interfere with the day-to-day control of the
RC concerning the acts necessary for making the project eligible for federal
funding.
8)
It will take
all necessary actions and make its best good faith efforts to comply and assist
the RC in complying with all federal and state requirements and policies
applicable to federal-aid transportation projects, including, but not limited
to, all applicable requirements of 23 CFR 635.105.
9)
It will take
all necessary actions and make its best good faith efforts to ensure that the
RC’s work on the project would be deemed to meet the same standards that the
Nebraska Department of Roads must meet under 23 CFR 635.105.
10)
It will comply
with the conflict-of-interest requirements of 23 CFR 1.33.
11)
It will notify
NDOR immediately in the event the designated RC(s) will no longer be assigned
to the project. A supplemental agreement designating a replacement RC may be required
by NDOR.
12)
It is
ultimately responsible for complying with all federal and state requirements
and policies applicable to federal-aid highway projects. This includes meeting all post-construction
environmental commitments. The LPA
understands that failure to meet any eligibility requirements for federal
funding may result in the loss of all Federal funding for the project. In the event that the acts or omissions of
RC, the LPA or its agents or representatives result in a finding that a project
is ineligible for Federal funding, the LPA will be required to repay NDOR some
or all previously paid Federal funds and any costs or expenses NDOR has
incurred for the project, including but not limited to, those costs for the RC.
a)
Serve as the LPA’s contact for issues or inquiries for Federal-aid
projects assigned by the LPA;
b)
Ensure that all
applicable Federal, State and local laws, rules, regulations, policies and
guidelines are followed during the development and construction of the project;
c)
Know and follow
the NDOR LPA Guidelines Manual for Federal-aid Projects;
d)
Have active
day-to-day involvement in identifying issues, investigating options, working
directly with stakeholders, and decision-making;
e)
Ensure that the
project plans and specifications are sealed, signed and dated by a professional
engineer licensed in the State of Nebraska, and that estimates have been
prepared and the construction has been observed by a professional engineer
licensed in the State of Nebraska or a person under the direct supervision of a
professional engineer licensed in the State of Nebraska (reference Neb. Rev.
Stat. § 81-3445);
f)
Competently
manage and coordinate the project day-to-day operations, including all
project-related decisions, on behalf of the LPA, which includes the LPA’s governing body, staff and any extended staff
dedicated to the project such as consulting engineers;
g)
Ensure that
project documents are thoroughly checked, reviewed and have had quality control
measures applied, prior to submitting to NDOR and/or FHWA;
h)
Monitor the
progress and schedule of the project and be responsible for ensuring that the
project is completed on time in accordance with established milestone dates;
i)
Properly serve
as the owner’s representative, and to visit the project site during
construction on a frequency commensurate with the magnitude and complexity of
the project;
j)
Ensure that
proper construction management processes have been developed and implemented
for the project;
k)
Serve as a
steward of the public funds, i.e. ensure that the public gets what it is paying
for;
l)
Attend all
required training including the annual workshop; and
m) Fulfill continuing education requirements as
specified in the NDOR LPA Guidelines Manual for Federal-aid Projects.
Adopted
this 10th day of November 2009 at
The
Board of Commissioners of
Ayes:
Larry J. Dedic, Scott Stuhr, Mary Koci, Diana L. Garske,
Darrell
Miller Chairman, Board of
Commissioners
Board
Member Dedic moved the adoption of said resolution
Member
Stuhr seconded the Motion Carried.
Roll
Call: 5 yes, 0 no, 0 abstained, 0 absent
Resolution
adopted, signed and billed as adopted
Attest:
Sherry Schweitzer, Seward
Affirmative vote: Dedic,
Stuhr, Garske, Koci, Miller Motion
Carried.
Moved by Stuhr and seconded
by Koci to authorize the Chairman to sign the Road and Bridge Contracts Report
to the Board of Public Roads Classifications and Standards.
Affirmative vote: Stuhr,
Koci, Garske, Dedic, Miller Motion
Carried.
Moved by Dedic and seconded
by Stuhr to approve the right of way request from Roger Semler between Section
36, Township 9 North, Range 2 and Section 31, Township 9 North, Range 3, all
East of the 6th p.m.
Affirmative vote: Dedic,
Stuhr, Garske, Koci, Miller Motion
Carried.
Yocum then discussed a
railroad crossing that he believes needs looked into due to many accidents
happening at that location. The crossing
is on
The Commissioners recessed
at 9:51 am.
The Commissioners
reconvened at 10:07 am.
Moved by Koci and seconded
by Stuhr to accept the Clerk of the District Court fee report for October, 2009
in the amount of $1,476.46.
Affirmative vote: Koci,
Stuhr, Garske, Dedic, Miller Motion
Carried.
Moved by Dedic and seconded
by Stuhr to accept the
Affirmative vote: Dedic,
Stuhr, Garske, Koci, Miller Motion
Carried.
Commissioner’s
reports:
Commissioner Stuhr reported
he attended a Four Corners meetings the past week, attended a clean-up of the
new Harvest Hall at the Seward County Fairgrounds, attended Region V meetings,
responded to a call from a constituent involving a road sign, will attend a
meeting involving a juvenile justice grant, and reported that our Weed
Superintendent received a perfect score on a report from the State Department
of Agriculture.
Commissioner Garske
reported on a possible purchase of real estate for the CASA office and also on
County Government Day held recently.
Commissioners Dedic
reported he attended a CISDA meeting, will attend a Seward/Saline Solid Waste
Committee meeting this evening and reported on a road abandonment process near
Pleasant Dale.
Commissioner Koci reported
she helped with County Government Day recently.
Commissioner Miller
reported on a constituent request to purchase a county road sign.
Commissioner Garske gave
information about possible changes to the Interlocal Agreement for Economic
Development. The organization of
economic development for
Moved by Koci and seconded
by Dedic to go into Executive Session involving personnel at 10:33 a.m. as it
is necessary to prevent needless injury to the reputation of a person.
Affirmative vote: Koci,
Dedic, Garske, Stuhr, Miller Motion
Carried.
The Chairman reiterated the
Executive Session involved personnel, as it is necessary to prevent needless
injury to the reputation of a person.
Moved by Garske and
seconded by Koci to go out of Executive Session at 11:25 a.m.
Affirmative vote: Garske,
Koci, Dedic, Stuhr, Miller Motion
Carried.
The Chairman reiterated the
Executive Session involved personnel, as it is necessary to prevent needless
injury to the reputation of a person.
Known items on the agenda
for November 17, 2009 are as follows:
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9:00 a.m. |
Convene and announce Open
Meetings Law Pledge of Allegiance Discuss/Action- Approve
minutes of November 10, 2009 Other Business Matters
to Address When Time Allows Discuss/Action –
Public/Officials/Boards Commissioners Reports Right of Way Request(s): Discuss/Action- Executive
Session-Personnel |
Moved by Koci and seconded
by Dedic to adjourn at 11:32 a.m.
Affirmative vote: Koci,
Dedic, Garske, Stuhr, Miller Motion
Carried.
State of
I, Sherry Schweitzer, the
undersigned
IN WITNESS WHEREOF, I have
hereunto set my hand and affixed my official seal this 17th day of
November 2009.
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________________________ Clerk |
________________________ Chairman |