HOWARD COUNTY COMMISSIONERS MINUTES

OCTOBER 11, 2007

A meeting of the Howard County Board of Commissioners was convened in open an public session on the 11th day of October 2007, in the Boardroom, Howard County Courthouse, St. Paul, Nebraska.

Notice of the meeting was given thereof by publication in the Phonograph-Herald on the October 3, 2007, and proof of publication filed in the Clerk’s office. Copies of the agenda were posted in the courthouse, the county web site, mailed to each Commissioner, and kept current and available to the public at the County Clerk's office.

Notice of the meeting was given to the County Board and a receipt of their acknowledgment is also filed in the Clerk's office.

Chairman Seifert called the meeting to order at 9:00 a.m. Roll Call:

Bill Sack, AYE; Lauren Scarborough, AYE; Rance Lierman, AYE; Gary Rasmussen, AYE; Larry Seifert, AYE. Also present was Deputy County Clerk Bev Sack. Chairman Seifert also stated to those in attendance that a current copy of the Nebraska Open Meetings Acts is available for review and indicated the location of such copy in the room where the meeting is being held.

ROAD DISCUSSION

Hwy Superintendent Jay Meyer met with the Board to discuss the county roads and their maintenance. Jay spoke with the Board regarding the copy machine at the Road Dept. The Board told Jay to find out if this copy machine is a lease, if so he needs to terminate that lease. Motion was made by Lierman and second by Sack to purchase a new copy machine. Roll Call: All Ayes.

ST. LIBORY DUMPSITE

Much discussion was held regarding the St. Libory dumpsite and what can be done to improve this site. Jay had gone out to look at it. The Board asked Jay to do more research to see if the road was considered a closed road. Jay will get back with the Board with this information.

TOURISM BOARD MEMBERS

Marcia Keller, Evelyn Dvorak, and Shirley Johnson representing the tourism board asked the Board if they knew of anyone interested in being on the tourism board. Marcia said that Mick McDowell, Mary Hedrick and Don Nealon were interested in joining the board. After much discussion, a motion was made by Scarborough and second by Rasmussen to appoint Don Nealon as a tourism board member. Roll Call: All Ayes. Lauren will call and inform Don of his appointment.

PUBLIC HEARING - SINGLE LOT SUBDIVISION REGULATIONS

Motion was made by Lierman and second by Rasmussen to open the public hearing for the Single Lot Subdivision Regulations at 9:30 a.m. Roll Call: All Ayes. Zoning Administrator Franz Trumler and board members Terry Spilinek and Rose Dixson were present to discuss and answer any questions the board had.

PUBLIC HEARING-SINGLE LOT SUBDIVISIONS

Motion was made by Rasmussen second by Sack to open the public hearing for the Single Lot Subdivisions at 9:45 a.m. Roll Call: All Ayes. Zoning Administrator Franz Trumler stated a single lot subdivision consists of at least 3 acres and no more than 20 acres. In attendance was Carl Christensen, and he had several questions regarding appropriate plats for single lot subdivisions. Zoning Administrator explained to Carl his concerns.

PUBLIC HEARING-ODOR FOOTPRINT FEEDLOT SETBACKS

Motion was made by Lierman and second by Sack to open the public hearing for the Odor Footprint Feedlot Setbacks at 10:00 a.m. Much discussion was held regarding this matter. Sitting in attendance was Brian Timmons and he expressed his concerns on this matter to the Board.

Motion was made by Lierman and second by Rasmussen to close the public hearing at 10:40 a.m. and to approve the Single Lot Subdivision Regulations. Roll Call: All AYES.

Motion was made by Scarborough and second by Sack to close the public hearing at 10:42 a.m. and to approve the Single Lot Subdivision. Roll

Call: All Ayes.

Motion was made by Rasmussen and second by Lierman to close the public hearing at 10:44 a.m. and to approve the Odor Footprint Feedlot Setbacks. Roll Call: All Ayes.

FLOODPLAIN CONCERNS

Discussion was held regarding building in a flood plain area. Zoning Administrator Franz Trumler explained to the board that before any building can be done, a flood plain development permit along with a building permit must be issued. This has not been done in some instances. Law states that a fine up to $100.00 per day can be charged if permits are not issued. A motion was made by Lierman and second by Scarborough to pursue this matter. Roll Call: All Ayes.

SPECIAL LIQUOR LICENSE PERMIT

Harley Conway met with the board to apply for a special liquor license permit. Harley is co-owner of Bootlegger Inc., and they are going to cater a wedding reception on Nov. 3, 2007 at the Howard County Fairgrounds. All paper work has been done so a motion was made by Sack and second by Lierman to approve this permit. Roll Call:

Sack, AYE; Scarborough, AYE; Lierman, AYE; Rasmussen, ABSENT; Seifert, AYE. Commissioner Rasmussen left the room to take a telephone call.

MAIL

A letter was received from Stock Auction regarding an upcoming auction.

The board received a letter from Loup Basin RC&D requesting a representative from Howard County be appointed. Rasmussen stated he would be a representative and Sack agreed to be an alternate. Rasmussen stated he would find out on how much the dues would be and get back with the board.

COUNTY BURIAL

Paperwork was received for a county burial from Livingston-Sondermann Funeral Home in Grand Island. After much discussion a motion was made by Lierman and second by Sack to deny this claim. The Board feels that county burials must be pre approved with them before the county will pay for them. Roll Call: Sack, AYE; Scarborough, AYE; Lierman, AYE; Rasmussen, ABSENT; Seifert, AYE.

MAXIXUS CERTIFICATION

Motion was made by Sack and second by Scarborough to sign the Certification of Cost Allocation Plan received from Maximus. Roll Call: All Ayes.

RESOLUTIONS

Motion was made by Sack and second by Scarborough to sign Resolutions

2007-15 and 2007-16, regarding Political Subdivision Resolution and the

Levy Resolution. Roll Call: All Ayes. The two resolutions are on file in the Clerk’s Office.

CONSENT AGENDA

The Board reviewed the claims that had been submitted. Discussion was held on several of the claims. The Board was concerned about a claim turned in from the Assessor’s office; this claim was for purchasing desserts. Motion was made by Scarborough and second by Lierman to approve all claims. Roll Call: Sack, AYE; Scarborough, AYE but wanted it noted he did not agree to paying for claim #07100063 for $19.00 which pays for dry cleaning of the Sheriff’s uniforms. Commissioner Scarborough feels the county buys the Sheriff’s uniforms, he should be responsible for the care of them; Lierman, AYE; Commissioner Rasmussen abstained on the claim from Charlie’s Station for $628.12 as he is owner of the business; Seifert, Aye; but Commissioner Seifert wanted it noted he did not agree to pay for claim #07100071 for $60.65. He did not think after the deputy assessor charged the County for $12.69 and $15.49 meals on two different occasions at Skeeter Barnes and Whiskey Creek in Kearney, then several hours later she needed to charge Ice Cream sundaes from McDonalds and Dairy Queen after the meals to the county also. He felt the claims for sundaes should be denied and she pay for the sundaes.

Motion was made by Lierman and second by Sack to approve reports from the Treasurer, Sheriff and Clerk and minutes as submitted by the Clerk. Roll Call: All Ayes.

INSURANCE CLAIM

Much discussion was held on an insurance claim the county had received. The accident happened on the Hall-Howard County Line. The Board decided they would talk to the County Attorney more about this matter.

There being no further business to come before the Board, motion was

made by Rasmussen and second by Lierman to adjourn the meeting at

11:30 a.m. Roll Call: All Ayes. The next regular meeting of the

County Board will be October 25th.

Dated this 11th day of October 2007.

Larry Seifert, Chairman

ATTEST:

Marge Palmberg, County Clerk

By Bev Sack, Deputy Clerk