HOWARD COUNTY COMMISSIONERS MINUTES

 

APRIL 24, 2007

 

 

A meeting of the Howard County Board of Commissioners was convened in open an public session on the 24th day of April 25, 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 18th day of April 2007, a 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 8:30 a.m.  Roll Call:  Bill Sack, AYE; Lauren Scarborough, AYE; Rance Lierman, AYE;  Gary Rasmussen, AYE; Larry Seifert, AYE.    Also present is County Clerk Marge Palmberg.   Chairman Seifert also stated to those in attendance that a current copy of the Nebraska Open Meetings Act is available for review and indicated the location of such copy in the room where the meeting is being held.

 

Road Discussion

Road secretary Jackie Mayberry met with the Board to present two underground cable permits.  The first permit was for Lloyd Arends for the NW ¼ of Section 7-13-9, ¾ mile north of Hwy 58 on Friend Rd.  The second permit was for Lavern Wojtalewicz for the NE ¼ of Section 8-14-10 between 12th Avenue and Hilltop Lane.  Motion was made by Sack and second by Scarborough to approve the two permits.  Roll Call: All Ayes.  Motion carried.

 

Jackie also had a permit from Qwest requesting permission to bury cable under the roadway between Brady Rd in Section 22-16-9.  Motion was made by Rasmussen and second by Lierman to approve the permit.  Roll Call: All Ayes. Motion carried.

 

Executive Session

Motion was made by Scarborough and second by Sack to go into executive session at 8:57 am for the purpose of discussing personnel and possible litigation with the County Board, County Attorney, County Clerk and Dan Fredrick.  Roll Call: All Ayes. Motion carried.

 

Motion was made by Seifert and second by Lierman to come out executive session at 9:28 am with no action taken.  Roll Call: All Ayes. Motion carried.

 

Public Hearing – HI Meyer Subdivision

Motion was made by Seifert and second by Rasmussen to open the public hearing at 9:30 am for the final plat of the HI Meyer Subdivision.  Irene Meyer and her son Chuck were present regarding the final plat.  After some discussion, motion was made by Scarborough and second by Sack to close the public hearing at 9:40 am.  Roll Call: All Ayes.  Motion carried.

 

Motion was made by Rasmussen and second by Lierman to approve the HI Subdivision.  Roll Call: All Ayes. Motion carried.

 

Transfer Funds

Discussion was held on the resolution prepared by the Clerk to transfer $50,000 to the General Fund and $150,000 to the Road fund from the Inheritance Fund.  This is in accordance to the budget that the accountant had prepared.  Motion was made by Rasmussen and second by Scarborough to sign the resolution and authorize the Treasurer to transfer the funds.  Roll Call: All Ayes. Motion carried.  Resolution No. 2007-08 is on file in the Clerk’s office.

 

Consent Agenda

The minutes of the previous meeting held on April 12th and payroll claims in the amount of $149,283.24 were the items on the consent agenda.  Motion was made by Lierman and second by Sack to approve the consent agenda.  Roll Call: All Ayes. Motion carried.

 

The following claims were audited and checks drawn on their regular funds. 

 

                                    PAYROLL CLAIMS

 

                        General Salary                         63,196.86

                        Road Salary                            32,765.71

                        Weed Salary                              2,443.42

                        Communications Salary            8,075.10

                        Civil Defense Salary                    262.48

                        Federal W/H                             8,223.38

                        State W/H                                 3,064.23

                        BCBS Insurance                     27,897.99

                        FICA/Medicare                       16,281.40

                        Retirement                              12,125.22

                        NE Child Support                        144.00

 

 

Public Hearing – Langenheder Subdivision

Motion was made by Seifert and second by Scarborough to open the public hearing for the Langenheder Subdivision in the NE ¼ of Section 8-13-9.  Roll Call: All Ayes. Motion carried.

Harold Langenheder was present and Don Nealon was in attendance.  Mr. Langenheder had some pictures for the Board to view.   Motion was made by Sack and second by Scarborough to close the public hearing at 9:50 am.  Roll Call: All Ayes. Motion carried.

 

Motion was made by Scarborough and second by Lierman to approve the final plat for the Langenheder Subdivision.  Roll Call: All Ayes. Motion carried.

 

 

Hospital Parking Lot

Commissioner Rasmussen stated to the Board that the hospital would like the county to haul and place millings on their parking lot.  The millings are by Elba and the hospital would need approximately 500 yards.  After some discussion, motion was made by Rasmussen and second by Seifert that the county would charge for the labor and fuel to haul and level the millings.  Roll Call: All Ayes. Motion carried.

 

County Attorney left the meeting at 9:55 am to conduct a sale downstairs.

 

Public Hearing – Tri-County Sand & Gravel

Motion was made by Rasmussen and second by Sack to open the public hearing at 10:00 am for Tri-County Sand and Gravel conditional use permit.  Roll Call: All Ayes.  Present for this were Michelle Wolinski, Jean Poss and Dennis Poss. Discussion was held on the concerns of the Poss’ due to the traffic speed on the road.  The Board stated they would have the highway superintendent do a road study on the road.  Motion was made by Sack and second by Lierman to close the public hearing at 10:10 am.  Roll Call: All Ayes. Motion carried.

 

Motion was made by Rasmussen and second by Lierman to approve the conditional use permit of Tri-County Sand and Gravel.  Roll Call: All Ayes. Motion carried.

 

Unfinished Business

Chairman Seifert had received a letter from Senator Vickie McDonald regarding LB 502 which has to do with inheritance tax money that counties receive.  Seifert stated that he wanted to thank Senator McDonald as she has always been available to help with any county issues.  Motion was made by Seifert and second by Scarborough to write a letter to Senator McDonald and thank her.  Roll Call: All Ayes. Motion carried.

 

Elba Well Site

Discussion was held on the Elba well site.  Attorney Mike Shaughnessy had placed this on the agenda for the Board to review.  The Village of Elba is requesting a waiver of subdivision approval as to the property located in the SE ¼ NE ¼ of Section 15, Township 15, Range 11.  Motion was made by Rasmussen and second by Scarborough to approve this waiver.  Roll Call: All Ayes. Motion carried.

 

Public Hearing – Viaero Wireless

Motion was made by Lierman and second by Seifert to open the public hearing for Viaero Wireless for a conditional use permit.  Roll Call: All Ayes. Motion carried.  Chris Riha, Site Acquisition Manager with Viaero, was present to answer any questions or concerns the Board may have.  Mr. Riha stated this is in the Cotesfield area, 195’ tower with three anchors.  He stated he would also be back to meet with the Board for a subdivision plat.  Motion was made by Sack and second by Lierman to close the public hearing at 10:26 am.  Roll Call: All Ayes. Motion carried.

 

County Attorney Schroeder returned at 10:19 am.

 

Motion was made by Scarborough and second by Sack to approve the conditional use permit of Viaero Wireless.  Roll Call: All Ayes. Motion carried.

 

 

Preliminary Plat – Clinger Subdivision

Discussion was held on the Clinger Subdivision preliminary plat that had been to the Planning and Zoning Commission.  Jerry Legg and Shaun Clinger were present for any discussion pertaining to this.  The Planning and Zoning Commission heard this on April 18th and submitted a Finding of Fact to the Commissioners.   After some discussion with the County Attorney, it was found that there are some legal discrepancies in the Finding of Fact for the Clinger Subdivision.  Motion was made by Scarborough and second by Seifert to overturn the ruling of the Planning and Zoning Commission for their consideration for approval of the final plat.  Roll Call: Sack, AYE; Scarborough, AYE; Lierman, AYE; Rasmussen, NAY; Seifert, NAY.

 

Preliminary Plat - Lemburg Acres Subdivision

This was a preliminary plat that the Planning and Zoning had heard at the April 18th meeting for Gary Lemburg.  Motion was made by Rasmussen and second by Lierman to approve the plat.  Roll Call: All Ayes. Motion carried.

 

Unfinished Business

County Attorney Dave Schroeder told the Board he is still reviewing the claim from Bryan LGH.

He asked to be excused from the meeting at 11:08 am.

 

Budgets

The Board spoke with the Treasurer and Assessor regarding their budgets for the coming fiscal year.  They are working on them.

 

There being no further business to come before the Board, motion was made by Lierman and second by Sack to adjourn the meeting at 11:44 am.  Roll Call: All Ayes. Motion carried.  The next regular meeting of the Commissioners will be May 10th at 8:30 am in the boardroom.

 

Dated this 24th day of April 2007.

 

Larry Seifert, Chairman

 

ATTEST:

 

Marge Palmberg

Howard County Clerk