September 15, 2009

 

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 September 15, 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 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 September 15, 2009 at 9:00 a.m.

Present:

Chairman:

Members:

Deputy County Clerk:

Darrell Miller

Scott Stuhr, Diana Garske, Larry Dedic, Mary Koci

Lisa Dey

 

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 Dedic to approve the minutes of September 1, 2009.

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

 

Russ Daehling, Highway Superintendent reported that the Safety Committee meeting was held and one item of discussion was sanitizers for each office.  It is up to each office to get their own.  Also each office should make sure that they have some type of a plan in case the Flu does hit hard, in order to keep their office open and running and not spread the flu.  Seeding is also complete at the Sheriff’s office.  Daehling also reported on various projects.

 

Commissioners Reports:

Commission Stuhr reported that he attended a Jail Facility planning meeting, an Institute of Excellence class, Region V meetings and he also found a representative for the personnel board.  Commissioner Stuhr also reported that he has been in contact with Senator Nelson’s office regarding a bill.

 

Commission Garske attended the CASA Board meeting and also met with the Economic Development Director a few items.

 

Commissioner Dedic reported that he attended a jail committee meeting and a Seward/Saline Solid waste meeting.  He also spoke with Southeast Community College regarding drawing options for County office space and reported on cemetery inspections. 

 

Commissioner Koci reported that she helped with the Seward County Visitors booth and attended an Extension Board meeting. She also visited with Dan Berlowitz and Mayor Glawatz about the Financial Assistance Award.

 

Commissioner Miller reported that the County received a letter from the City of Seward regarding the Financial Assistance Award.  He also spoke about Nebraska Machinery and the mini excavator lease.

 

Moved by Dedic and seconded by Koci to open the Public Hearing at 9:15 a.m. for a Conditional Use Permit to subdivide under 20 acres in A-1 District for a tract in the S ½ SW ¼ of Section 4, Township 9 North, Range 4 East of the 6th p.m.

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

 

Bill White was in attendance and presented Chairman Miller a survey from Kirkham Michael on the property. 

 

Moved by Dedic and seconded by Stuhr to close the Public Hearing at 9:17 a.m.

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

 

Moved by Stuhr and seconded by Garske to adopt Resolution #2730 regarding a Conditional Use Permit to subdivide under 20 acres in A-1 District for a tract in the S ½ SW ¼ of Section 4, Township 9 North, Range 4 East of the 6th p.m.

RESOLUTION NO 2730 OF THE SEWARD COUNTY BOARD OF COMMISSIONERS

WHEREAS, Fred Schlegel have 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 S1/2 of the SW1/4, of Section 4, Township 9N, Range 4E, Seward County, Nebraska, and

 

WHEREAS, The Planning Commission held a public hearing to consider the application at a regular meeting August 24, 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 6 In Favor, None Against, and 3 Absent and Not Voting, and

 

WHEREAS, The Seward County Board of Commissioners held a public hearing to consider the application at a regular meeting September 15, 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

__ __  no one appeared to support said Conditional Use

__X__ 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 Fred Schlegel to Subdivide under 20 Acres in the A-1 District, on a tract of ground located in part of the S1/2 of the SW1/4, Section 4, Township 9N, Range 4E Seward County, Nebraska.

Motion by: Stuhr

Seconded by: Garske

Roll Call

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

Darrell Miller, Chairman, Board of Commissioners

September 15, 2009

Attest: Lisa Dey, Deputy Seward County Clerk

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

 

Moved by Koci and seconded by Garske to open the Public Hearing at 9:20 a.m. for a Conditional Use Permit to subdivided under 20 acres in A-1 District for a tract in the NE ¼ of Section 23, Township 10 North, Range 4 East of the 6th p.m.

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

 

Paige Mongeon was present in support of the Conditional Use Permit.

 

Moved by Stuhr and seconded by Koci to close the Public Hearing at 9:22 a.m.

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

 

Moved by Koci and seconded by Stuhr to adopt Resolution #2731 for a Conditional Use Permit to subdivide under 20 acres in A-1 District for a tract in the NE ¼ of Section 23, Township 10 North, Range 4 East of the 6th p.m.

RESOLUTION NO 2731 OF THE SEWARD COUNTY BOARD OF COMMISSIONERS

WHEREAS, Darin and Paige Mongeon have 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 NE1/4, of Section 23, Township 10N, Range 4E, Seward County, Nebraska, and

 

WHEREAS, The Planning Commission held a public hearing to consider the application at a regular meeting August 24, 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 6 In Favor, None Against, and 3 Absent and Not Voting, and

 

WHEREAS, The Seward County Board of Commissioners held a public hearing to consider the application at a regular meeting September 15, 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

__ __  no one appeared to support said Conditional Use

__X__ 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 Darin and Paige Mongeon to Subdivide under 20 Acres in the A-1 District, on a tract of ground located in part of the NE1/4, of Section 23, Township 10N, Range 4E, Seward County, Nebraska.

Motion by: Koci

Seconded by: Stuhr

Roll Call

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

Darrell Miller, Chairman, Board of Commissioners

September 15, 2009

Attest: Lisa Dey, Deputy Seward County Clerk

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

 

Moved by Stuhr and seconded by Garske to open the Public Hearing at 9:25 a.m. for a Conditional Use Permit to subdivide under 20 acres in A-1 District for a tract in the NE ¼ of Section 14, Township 12 North, Range 1 East of the 6th p.m.

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

 

Moved by Garske and seconded by Koci to close the Public Hearing at 9:26 a.m.

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

 

Moved by Stuhr and seconded by Koci to adopt Resolution #2732 for a Conditional Use Permit to subdivide under 20 acres in A-1 District for a tract in the NE ¼ of Section 14, Township 12 North, Range 1 East of the 6th p.m. on the condition of a favorable inspection on the well and septic.

RESOLUTION NO 2732 OF THE SEWARD COUNTY BOARD OF COMMISSIONERS

WHEREAS, Willotte and Jean Medows have 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 NE1/4, of Section 14, Township 12N, Range 1E, Seward County, Nebraska, and

 

WHEREAS, The Planning Commission held a public hearing to consider the application at a regular meeting August 24, 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 6 In Favor, None Against, and 3 Absent and Not Voting, and

 

WHEREAS, The Seward County Board of Commissioners held a public hearing to consider the application at a regular meeting September 15, 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

Condition: That well and waste water systems pass inspection.

 

NOW, THEREFORE BE IT RESOLVED that the Seward County Board of Commissioners do hereby approve _X_ or ___ deny the Conditional Use Permit for Willotte and Jean Medows to Subdivide under 20 Acres in the A-1 District, on a tract of ground located in part of the NE1/4, of Section 14, Township 12N, Range 1E, Seward County, Nebraska.

Motion by: Stuhr

Seconded by: Koci

Roll Call

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

Darrell Miller, Chairman, Board of Commissioners

September 15, 2009

Attest: Lisa Dey, Deputy Seward County Clerk

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

 

Moved by Stuhr and seconded by Dedic to adopt Resolution #2733 approving the Short Form plat for Mongeon Addition in the NE ¼ of Section 23, Township 10 North, Range 4 East of the 6th p.m.

RESOLUTION NO 2733 OF THE SEWARD COUNTY BOARD OF COMMISSIONERS

WHEREAS, Darin and Paige Mongeon has applied for a Short Form Plat Subdivision of property owned by themselves and described as a tract in the NE1/4, Section 23, Township 10N, Range 4E, Seward County, Nebraska, and

 

WHEREAS, The subdivision shall be called the Mongeon Addition, and

 

WHEREAS, The Seward County Planning Commission held a meeting on August 24, 2009 to consider the Short Form Plat, and

 

WHEREAS, the Planning Commission recommended Approval of the Mongeon 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

__ __ no one appeared to support the subdivision

__X__ 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 Mongeon Addition Short Form Plat with Resolution NO__2733______.

Motion by: Stuhr

Seconded by: Dedic

Roll Call

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

Darrell Miller, Chairman, Board of Commissioners

September 15, 2009

Attest: Lisa Dey, Deputy Seward County Clerk

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

 

Moved by Koci and seconded by Dedic to open the Public Hearing at 9:30 a.m. for the 2009-2010 Seward County Budget.

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

 

Moved by Koci and seconded by Dedic to close the Public Hearing at 9:31 a.m.

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

 

Moved by Koci and seconded by Dedic to adopt Resolution #2734 approving the 2009-2010 Seward County Budget.

RESOLUTION #2734 OF THE SEWARD COUNTY BOARD OF COMMISSIONERS

 

WHEREAS, a proposed County Budget for the Fiscal Year July 1, 2009 to June 30, 2010, as prepared by Sherry Schweitzer, Budget Making Authority, was transmitted to the County Board on the 14th day of July, 2009.

 

NOW, THEREFORE BE IT RESOLVED,

 

by the Board of Commissioners of Seward, County, Nebraska as follows:

 

SECTION 1.  That the budget for the Fiscal Year July 1, 2009 to June 30, 2010, as categorically evidenced by the Budget Document be, and the same hereby is adopted as the Budget for Seward County for said fiscal year.

 

SECTION 2.  That the offices, departments, activities and institutions herein named are hereby authorized to expend the amounts herein appropriated to them during the fiscal year beginning July 1, 2009, and ending June 30, 2010.

 

SECTION 3.  That the income necessary to finance the appropriations made and expenditures authorized shall be provided out of the unencumbered cash balance in each fund, revenues other than taxation to be collected during the fiscal year in each fund, and tax levy requirements for each fund.

 

Dated this 15th day of September, 2009.

 

Motion by: Koci

Seconded by: Dedic

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

Darrell Miller, Chairman, Board of Commissioners

Attest: Lisa Dey, Deputy Seward County Clerk

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

 

Moved by Dedic and seconded by Koci to open the Public Hearing at 9:35 a.m. to Set the Tax Request Different than the Prior Year for Seward County.

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

 

Moved by Koci and seconded by Dedic to close the public hearing at 9:36 a.m.

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

 

Moved by Stuhr and seconded by Dedic to adopt Resolution #2735 to Set the Tax Request Different than the Prior Year for Seward County.

RESOLUTION #2735 OF THE SEWARD COUNTY BOARD OF COMMISSIONERS

 

WHEREAS,

pursuant to State Statute 77-1601.02 the Seward County Board of Commissioners held a hearing on September 15, 2009 at 9:35 a.m. in regard to setting      the 2009-2010 tax request at a different rate than the 2008-2009 tax request, AND,

 

WHEREAS, said hearing was published in a legal newspaper, namely the Seward County      Independent and the Milford Times, as required by law on September 9, 2009,

AND,      

    

WHEREAS,       

the following requirements were in said published notice:

the 2008-2009 tax request was:

the levy to fund the 2008-2009 tax request was:

the levy to fund last years tax request if it were applied

to the current valuation would be:

the proposed tax request for the 2009-2010 year is:       

the proposed levy to fund the 2009-2010 tax request is:

 

$ 5,206,589.35    and

$         .346489   and

 

$         .327077   and

$  5,493,485.00   and

            .345100  and,

 

WHEREAS,    0    people were present to comment on the proposed modification of said tax request at said hearing.

 

NOW, THEREFORE BE IT RESOLVED,

That the Seward County Board of Commissioners hereby approve the tax request of $ 5,493,485.00 for the 2009 – 2010 fiscal year.

 

Dated this 15th day of September, 2009.

Motion by: Stuhr

Seconded by: Dedic

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

Darrell Miller, Chairman, Board of Commissioners

Attest: Lisa Dey, Deputy Seward County Clerk

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

 

Moved by Stuhr and seconded by Garske to adopt Resolution #2736 to change the YIELD sign to a STOP sign for westbound traffic at the SW corner of the SW ¼ of Section 5, Township 11 North, Range 4 East of the 6th p.m.

RESOLUTION #2736 OF THE SEWARD COUNTY BOARD OF COMMISSIONERS

Whereas, in the judgment of the Seward County Board of Commissioners it is deemed advisable and public safety demands that a STOP sign be erected and maintained at the following locations:

 

Intersection of the SW Corner of the SW ¼ of Section 5 of Township 11 North, Range 4 East, Seward County, installing a STOP sign for westbound traffic.

 

Therefore Be It Resolved, that a STOP sign be erected at this location and any previous resolutions inconsistent herewith are hereby repealed as of the adoption of this resolution.

Motion by: Stuhr

Seconded by: Garske

Roll Call

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

Darrell Miller, Chairman, Board of Commissioners

Dated this 15th day of September, 2009.

Attest: Lisa Dey, Deputy Seward County Clerk

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

 

Moved by Stuhr and seconded by Dedic to ratify authorization of the Chairman to sign the title sheet for Project #7080(35) Beaver Crossing SE located between Section 12, Township 9 North, Range 1 and Section 7, Township 9 North, Range 2 all East of the 6th p.m.

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

 

Moved by Stuhr and seconded by Dedic to approve the Right of Way request by Seward County Public Power District between Sections 8 & 17 of Township 9 North, Range 3 East of the 6th p.m.

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

 

Moved by Dedic and seconded by Garske to approve the Right of Way request by Seward County Public Power District between Section 31, Township 12 North, Range 3 and Section 6, Township 11 North, Range 3 East of the 6th p.m.

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

 

Pat Coldiron, with the Seward Chamber of Commerce was present to request permission to use the Courthouse lawn on October 10th for the Fall Festival.

 

Moved by Koci and seconded by Stuhr to allow the Seward Chamber of Commerce to use the Courthouse lawn for the upcoming Chamber functions.

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

 

Moved by Dedic and seconded by Koci to allow CASA to place a sign on the Courthouse square for 2 upcoming events.

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

 

Moved by Stuhr and seconded by Dedic to authorize the Chairman to sign the Federal Drug Audit paperwork supplied by the County Attorney.

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

 

Moved by Koci and seconded by Garske to approve the County Extension Office inventory.

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

 

Moved by Garske and seconded by Koci to accept the Clerk of the District Court fee report for August 2009 in the amount of $1,559.18.

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

 

Moved by Dedic and seconded by Garske to accept the County Clerk’s fee report for August 2009 in the amount of $17,259.00.

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

 

Commissioner Stuhr reported on the Sheriff/Jail roof.  Commission Stuhr presented quotes on the Roof.  The Committee recommended going with Scarborough Const Inc Roofing.

 

Moved by Stuhr and seconded by Garske to accept the Scarborough Const Inc Roofing estimate for the Sheriff’s Office roof in the amount of $15,886.00.

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

 

Moved by Garske and seconded by Koci to give the sign posts from the Road Department to the Utica Boy Scout Troop Oregon Trail Project.

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

 

Lana Rourke, Seward County Economic Development Director was present regarding the NDEQ access agreement.  Discussion was held.

 

The Commissioners recessed at 10:20 a.m.

The Commissioner reconvened at 10:30 a.m.

 

Moved by Stuhr and seconded by Koci to go into Executive Session at 10:30 a.m. to discuss personnel issues.

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

 

Moved by Garske and seconded by Koci to go out of Executive Session at 12:05 p.m.

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

 

The Chairman reiterated that the reason for Executive Session was for personnel issues.

 

County Clerk Sherry Schweitzer is present to assume the duty of secretary for the Seward County Board of Commissioners.

 

Moved by Garske and seconded by Dedic that the Executive Director of the Anti Fraud Policy of Seward County continue with the plan of action.

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

Abstain: Stuhr as he is the Executive Director of the Anti Fraud Policy of Seward County.

 

Known items on the agenda for September 22, 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 August 25, 2009

Discuss/Action- Assessor Information Update

         

Known items on the agenda for September 22, 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 September 15, 2009

 

  9:15 a.m.

Discuss/Action- Executive Session GA Appeal

 

  9:30 a.m.

Discuss/Action- Open bids for generator

 

 

Other Business Matters to Address When Time Allows

Discuss/Action – Public/Officials/Boards

Commissioners Reports

Right of Way Request(s):  

Discuss/Action - Authorize Chairman to sign Access Agreement for NDEQ at 3427 Waverly Road

Discuss/Action - Appointment of Commissioners lay person to the Seward County Personnel Board

 

Known items on the agenda for September 25, 2009 for the Board of Commissioners are as follows:

  8:00 a.m.

Convene and announce Open Meetings Law

Pledge of Allegiance

Discuss/Action- Approve claims for September, 2009

 

Moved by Stuhr and seconded by Garske to adjourn at 12:15 p.m.

Affirmative vote: Stuhr, Garske, Dedic, Koci, 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 22nd day of September 2009.

         

________________________

Clerk

________________________

Chairman