Columbus, Nebraska

August 6, 2002

Tuesday, A.M.

 

Pursuant to adjournment the Platte County Board of Supervisors met in session beginning at nine o’clock in the morning.  Honorable Arnold Stuthman, Chairman, Diane C. Pinger, County Clerk. Roll call and the following members present:  Supervisors Pfeifer, Friedrichsen, Lloyd, Woerth, Franzen, Tooley and Chairman Stuthman. The Affidavits of Publication from the Columbus Telegram and Humphrey Democrat for notice of public meeting were presented. Allan Vyhnalek, Extension Agent introduced the Junior Leaders of Platte County, Beth Niedbalski, Beau Klug and Lucas Luckey.  They thanked the County Board for supporting the Platte County 4-H Program and they also presented a cake to the County Board celebrating the 100th anniversary of the 4-H Program. Motion, Supervisor Friedrichsen, seconded Supervisor Woerth, to approve the minutes of July 16, 2002, July 17, 2002, July 18, 2002 and July 23, 2002, motion carried. Motion, Supervisor Woerth, seconded Supervisor Lloyd, to file the County Treasurer’s Semi-Annual statement, motion carried. Motion, Supervisor Franzen, seconded Supervisor Friedrichsen, to cancel general fund warrant no. 02070109 in the amount of $225.00 due to a duplication payment, motion carried. Motion, Supervisor Pfeifer, seconded Supervisor Lloyd, to the file State of Nebraska Department of Environmental  Quality Application for Permit to Construct and Operate a Livestock Waste Control Facility for the following: Mike Foltz Farms Livestock Operation and Reichmuth Farms Livestock Operation, motion carried.

                Motion, Supervisor Woerth, seconded Supervisor Friedrichsen, to file the County Treasurer Receipts representing credit to the respective funds: motion carried.

 

Platte County

Budget share

District Probation fund

$7,186.09

Hamilton County

Budget share

District Probation fund

4,790.73

Pegler Sysco

Food Rebate

General Fund

27.00

City of Columbus

Salary Reimbursement

General Fund

1,666.66

State of Nebraska

Grant-seat belt enforcement

General Fund

3,839.64

Columbus Comm Hospital

Overpayment

County Relief Fund

190.66

State of Nebraska

Budget Share

Region 10 C.D. Fund

5,664.95

State of Nebraska

Grant

Victims Assistance Fund

5,670.00

Telex Communication

Refund-double payment

General Fund

37.50

County Court

Home Detention Fees

General Fund

100.00

 

Motion, Supervisor Woerth, seconded Supervisor Lloyd, to authorize the Chairman to sign Change Order CC-01 to extend the contract time, increase the sum for contractors additional cost of shut-down, delay motion carried. Motion, Supervisor Woerth, seconded Supervisor Franzen, to authorize the Chairman to sign Change Order CC-02 to revise the fire sprinkler system, motion carried. Motion, Supervisor Franzen, seconded Supervisor Tooley, to withdraw from the agenda item #8, deputy salary increases in the County Attorney’s Office, motion carried. Tom Maul, Attorney presented a petition for the organization of Road Improvement District No. 1 to the County Board. Motion, Supervisor Woerth, seconded Supervisor Friedrichsen, to authorize the Chairman to sign the notice for the development of Road Improvement District No. 1 involving the Viking View Subdivision, motion carried. The County Sheriff discussed jail issues with the County Board and also updated the supervisors on the construction of the new jail. Motion, Supervisor Pfeifer, seconded Supervisor Lloyd, the County Board meet on August 27, 2002 at 9:00 a.m. to set the levy limits for the townships, fire districts, ag society and library, motion carried. Richard Snyder, Snyder Engineering presented an environmental update on the Courthouse to the County Board.  He stated the fourth floor cleanup of lead paint and lead dust has been completed and a lock-down agent has been sprayed on the walls and ceiling. Motion, Supervisor Friedrichsen, seconded Supervisor Woerth, to authorize the Chairman to sign the bridge agreement with Loup Public Power District, motion carried.

Motion, Supervisor Pfeifer, seconded Supervisor Woerth, to deny the utility application for Jerald Schreiber, it needs to meet our present road requirements, motion carried. Motion, Supervisor Franzen, seconded Supervisor Pfeifer, authorize the Chairman to sign the utility application for Steve Brockhaus, motion carried. Motion, Supervisor Pfeifer, seconded Supervisor Lloyd, authorize the Chairman to sign the utility application for Frontier Communications, motion carried. Motion, Supervisor Woerth, seconded Supervisor Tooley, authorize the Chairman to sign the Agreement with the Nebraska Department of Natural Resources motion carried. Motion, Supervisor Franzen, seconded Supervisor Woerth, to file the summary of the Future Traffic Noise Levels in Platte County which we received from the State of Nebraska Department of Roads, motion carried.

Motion, Supervisor Friedrichsen, seconded Supervisor Woerth, authorize the County Treasurer to advertise for computer bids to be opened on September 3, 2002 at 10:00a.m motion carried.

 

                The following resolution was presented:

 

RESOLUTION ADOPTING AMENDMENT TO

PLATTE COUNTY DEFERRED COMPENSATION PLAN

 

WHERERAS, the Platte County Board of Supervisors (hereinafter “Employer”) heretofore established the Platte County Deferred Compensation Plan (hereinafter “Plan”); and

 

WHEREAS, the Employer desires to amend the Plan to conform with the final and temporary Treasury regulations under §401(a)(9) of the Internal Revenue Code as published in the Federal Register on April 17, 2002, 74 FR 18987; and

 

WHEREAS, this amendment shall supersede the provisions of the Plan to the extent those provisions are inconsistent with the provisions of this amendment.

 

                NOW THEREFORE, BE IT RESOLVED, that, effective as indicated herein, the Employer hereby amends the Plan as follows:

 

PART I – Plan Document Amendment – Section 4.7 of the Plan is replaced in its entirety with the following:

 

“Section 4.7 Minimum Distribution Requirements.

 

(a)     General Rules

 

(i)                  Effective Date. Unless an earlier effective date is specified in Part II below, the provisions of this article will apply for purposes of determining required minimum distributions for calendar years beginning with the 2003 calendar year.

(ii)                Coordination with Minimum Distribution Requirements previously in Effect.  If the Plan specifies an effective date of this article that is earlier than calendar years beginning with the 2003 calendar year, required minimum distributions for 2002 under this article will be determined as follows. If the total amount of 2002 required minimum                distributions under the plan made to the distribute prior to the effective date of this article equals or exceeds the required minimum distributions determined under this article, then no additional distributions will be required to be made for 2002 on or after such date to the distribute.  If the total amount of 2002 required minimum distributions under the plan made to the distribute prior to the effective date of this article is less than the amount determined under this article, then required minimum distributions for 2002 on and after such date will be determined so that the total amount of required minimum distributions for 2002 made to the distribute will be the amount determined under this article.

(iii)              Precedence.  The requirements of this article will take precedence over any inconsistent provisions of the plan.

(iv)                Requirements of Treasury Regulations Incorporated.  All distributions required under this article will be determined and made in accordance with the Treasury regulations under section 401(a)(9) of the Internal Revenue Code.

(v)                  TEFRA Section 242(b)(2) Elections.  Notwithstanding the other provisions of this article, distributions may be made under a designation made before January 1, 1984, in accordance with section 242(b)(2) of the Tax Equity and Fiscal Responsibility Act (TEFRA) and the provisions of the plan that relate to section 242(b)(2) of TEFRA.

               

                (b)  Time and Manner of Distribution.

                               

(i)                  Required Beginning Date.  The participant’s entire interest will be distributed, or begin to be distributed, to the participant no later than the participant’s required beginning date.

(ii)                Death of Participant Before Distributions Begin.  If the participant dies before distributions begin, the participant’s entire interest will be distributed, or begin to be distributed, no later than as follows:

                                                               

(1)       If the participant’s surviving spouse is the participant’s sole designated beneficiary, then, except as     

provided in the adoption agreement, distributions to the surviving spouse will begin by December 31 of the calendar year immediately following the calendar year in which the participant dies, or by December 31 of the calendar year in which the participant would have attained age 70 ½, if later.

(2)  If the participant’s surviving spouse is not the participant’s sole designated beneficiary, then, except as                                          provided in the adoption agreement, distributions to the designated beneficiary will begin by December                                          31 of the calendar year immediately following the calendar year in which the participant died.

                                                 (3)  If there is no designated beneficiary as of September 30 of the year following the year of the

                                                        participant’s death, the participant’s entire interest will be distributed by December 31 of the calendar

                                                        year containing the fifth anniversary of the participant’s death.

(4)         If the participant’s surviving spouse is the participant’s sole designated beneficiary and the surviving

spouse dies after the participant but before distributions to the surviving spouse begin, this section 4.7(b)(ii), other than section 4.7(b)(ii)(1), will apply as if the surviving spouse were the participant.

 

                                                For purposes of this section 4.7(b)(ii) and section 4.7(d), unless section 4.7(b)(ii)(4) applies, distributions are

                                                considered to begin on the participant’s required beginning date.  If section 4.7(b)(ii)(4) applies, distributions

                                                are considered to begin on the date distributions are required to begin to the surviving spouse under section

                                                4.7(b)(ii)(1).  If distributions under an annuity purchased from an insurance company irrevocably commence

                                                to the participant before the participant’s required beginning date (or to the participant’s surviving spouse

                                                before the date distributions are required to begin to the surviving spouse under section 4.7(b)(ii)(1)), the

                                                date distributions are considered to begin is the date distributions actually commence.

 

 

(iii)              Forms of Distribution.  Unless the participant’s interest is distributed in the form of an annuity purchased

from an insurance company or in a single sum on or before the required beginning date, as of the first

distribution calendar year distributions will be made in accordance with section 4.7(c) and 4.7(d) of this

article.  If the participant’s interest is distributed in the form of an annuity purchased from an insurance

company, distributions thereunder will be made in accordance with the requirements of section 4.7(a)(9)

of the Code and Treasury regulations.

 

                (c)   Required Minimum Distributions During Participant’s Lifetime.

 

(i)                  Amount of Required Minimum Distribution For Each Distribution Calendar Year.  During the

participant’s lifetime, the minimum amount that will be distributed for each distribution calendar year is the lesser of:

 

(1)       the quotient obtained by dividing the participant’s account balance by the distribution period in the

Uniform Lifetime Table set forth in section 1.401(a)(9)-9 of the Treasury regulations, using  the

participant’s age as of the participant’s birthday in the distribution calendar year; or

(2)       if the participant’s sole designated beneficiary for the distribution calendar year is the participant’s

spouse, the quotient obtained by dividing the participant’s account balance by the number in the Joint

and Last Survivor Table set forth in section 1.401(a)(9)-9 of the Treasury regulations, using the

participant’s and spouse’s attained ages as of the participant’s and spouse’s birthdays in the distribution

calendar year.

 

(ii)                Lifetime Required Minimum Distributions Continue Through Year of Participant’s Death.  Required

minimum distributions will be determined under this section 4.7(c) beginning with the first distribution calendar year and up to and including the distribution calendar year that includes the participant’s date of death

 

(d)                 Required Minimum Distributions After Participant’s Death.

 

(i)                  Death On or After Date Distributions Begin.

 

(1)       Participant Survived by Designated Beneficiary.  If the participant dies on or after the date distributions begin and there is a designated beneficiary, the minimum amount that will be distributed for each distribution calendar year after the year of the participant’s death is the quotient obtained by dividing the participant’s account balance by the longer of the remaining live expectancy of the participant or the remaining life expectancy of the participant’s designated beneficiary, determined as follows:

 

(I)                            The participant’s remaining life expectancy is calculated using the age of the participant in the year of death, reduced by one for each subsequent year.

(II)                          If the participant’s surviving spouse is the participant’s sole designated beneficiary, the remaining life expectancy of the surviving spouse is calculated for each distribution calendar year after the year of the participant’s death using the surviving spouse’s age as of the spouse’s birthday in that year.  For distribution calendar years after the year of the surviving spouse’s death, the remaining life expectancy of the surviving spouse is calculated using the age of the surviving spouse as of the spouse’s birthday in the  calendar year of the spouse’s death, reduced by one for each subsequent calendar year.

(III)                        If the participant’s surviving spouse is not the participant’s sole designated beneficiary, the designated beneficiary’s remaining life expectancy is calculated using the age of the beneficiary in the year following the year of the participant’s death, reduced by one for each subsequent year.

 

(2)       No Designated Beneficiary. If the participant dies on or after the date distributions begin and there is no designated beneficiary as of September 30 of the year after the year of the participant’s death, the minimum amount that will be distributed for each distribution calendar year after the year of the participant’s death is the quotient obtained by dividing the participant’s account balance by the participants’ remaining life expectancy calculated using the age of the participant in the year of death, reduced by one for each subsequent year.

 

(iii)              Death Before Date Distributions Begin.

 

(1)       Participant Survived by Designated Beneficiary.  Except as provided in this section 4.7, if the participant dies before the date distributions begin and there is a designated beneficiary, the minimum amount that will be distributed for each distribution calendar year after the year of the participant’s death is the quotient obtained by dividing the participant’s account balance by the remaining life expectancy of the participant’s designated beneficiary, determined as provided in section 4.7(d)(i).

(2)       No Designated Beneficiary.  If the participant dies before the date distributions begin and there is no designated beneficiary as of September 30 of the year following the year of the participant’s death, distribution of the participant’s entire interest will be completed by December 31 of the calendar year containing the fifth anniversary of the participant’s death.

(3)       Death of Surviving Spouse Before Distributions to Surviving Spouse Are Required to Begin.  If the participant dies before the date distributions begin, the participant’s surviving spouse is the participant’s sole designated beneficiary, and the surviving spouse dies before distributions are required to begin to the surviving spouse under section 4.7(b)(ii)(1), this section 4.7(d)(ii) will apply as if the surviving spouse were the participant.

(e)                 5-Year Rule

 

(i)                   If the participant dies before distributions begin and there is a designated beneficiary, distribution to the designated beneficiary is not required to begin by the date specified in section 4.7(b)(ii) of the plan, but the participant’s entire interest will be distributed to the designated beneficiary by December 31 of the calendar year containing the fifth anniversary of the participant’s death.  If the participant’s surviving spouse is the participant’s sole designated beneficiary and the surviving spouse dies after the participant but before distributions to either the participant or the surviving spouse begin, this section will apply as if the surviving spouse were the participant.

(ii)                 Participants or beneficiaries may elect on an individual basis whether the 5-year rule in section 4.7(e)(i) or the life expectancy rule in sections 4.7(b)(ii) and 4.7(d)(ii) of the plan applies to distributions after the death of the participant who has a designated beneficiary.  The election must be made no later than the earlier of September 30 of the calendar year in which distribution would be required to begin under section 4.7(b)(ii) of the plan, or by September 30 of the calendar year which contains the fifth anniversary of the participant’s (or, if applicable, surviving spouse’s) death.  If neither the participant nor beneficiary makes an election under this paragraph, distributions will be made in accordance with sections 4.7(b)(ii) and 4.7(e)(i) of the plan.

(iii)                A designated beneficiary who is receiving payments under the 5-year rule in section 4.7(e)(i) may make a new election to receive payments under the life expectancy rule until December 31, 2003, provided that all amounts that would have been required to be distributed under the life expectancy rule for all distribution calendar years before 2004 are distributed by the earlier of December 31, 2003 or the end of the 5-year period.

 

(f)                  Definitions.

 

(i)                   Designated beneficiary.  The individual who is designated as the beneficiary under section 5.1 of the plan and is the designated beneficiary under section 401(e)(9) of the Internal Revenue Code and section 1.401(a)(9)-1, Q&A-4, of the Treasury regulations.

(ii)                 Distribution calendar year.  A calendar year for which a minimum distribution is required.  For distributions beginning before the participant’s death, the first distribution calendar year is the calendar year immediately preceding the calendar year which contains the participant’s required beginning date.  For distributions beginning after the participant’s death, the first distribution calendar year is the calendar year in which distributions are required to begin under section 4.7(b)(ii).  The required minimum distribution for the participant’s first distribution calendar year will be made on or before the participant’s required beginning date.  The required minimum distribution for other distribution calendar years, including the required minimum distribution for the distribution calendar year in which the participant’s required beginning date occurs, will be made on or before December 31 of that distribution calendar year.

(iii)                Life expectancy.  Life expectancy as computed by use of the Single Life Table in section 1.401(a)(9)-9 of the Treasury regulations.

(iv)               Participant’s account balance.  The account balance as of the last valuation date in the calendar year immediately preceding the distribution calendar year (valuation calendar year) increased by the amount of any contributions made and allocated or forfeitures allocated to the account balance as of dates in the valuation calendar year after the valuation date and decreased by distributions made in the valuation calendar year after the valuation date.  The account balance for the valuation calendar year includes any amounts rolled over or transferred to the plan either in the valuation calendar year or in the distribution calendar year if distributed or transferred in the valuation calendar year.

(v)                 Required beginning date.  The require beginning date means the April 1st following the later of (i) the calendar year in which the Participant attains age 70-1/2 or (ii) the calendar year in which the Participant retires.

 

PART II – Plan Amendment Optional Effective Date

 

Section 1.  Effective  Date of Plan Amendment for Section 401(a)(9) Final and Temporary Treasury Regulations.

 

If elected below, the provisions of this amendment will apply as well for purposes of determining required minimum distributions for the 2002 distribution calendar year.

 

                                Option 1:  Yes, this amendment will apply to the 2002 distribution calendar year for distributions that are

                                                        made on or after January 1, 2002.

 

                                Option 2:  No, this amendment will not apply to the 2002 distribution calendar year.

 

                                If no option is selected, Option 2 shall be deemed to be selected.

 

                IN WITNESS WHEREOF, the Employer has executed this Plan Amendment this 6th day of August, 2002.

 

                /s/Diane C Pinger                                                                                 /s/Arnold Stuthman, Chairman

                    County Clerk                                                                                         Platte County Board of Supervisors

 

Motion, Supervisor Woerth, seconded Supervisor Tooley, to adopt Resolution No. 02-29 adopting amendment to the Deferred Compensation Plan for Platte County with option 1, motion carried. Motion, Supervisor Franzen, seconded Supervisor Lloyd, to file the County Sheriff’s Distress Warrant Report, motion carried. Motion, Supervisor Franzen, seconded Supervisor Woerth, authorize the Chairman to sign the Library Contract with the City of Columbus motion carried. Motion, Supervisor Pfeifer, seconded Supervisor Woerth, to go into executive session at 11:17a.m. to discuss possible litigation matters, motion carried.               Motion, Supervisor Pfeifer, seconded Supervisor Lloyd, to conclude the executive session at 11:31a.m motion carried. Motion, Supervisor Friedrichsen, seconded Supervisor Woerth, that the following claims be approved as presented and that the County Clerk be ordered to issue warrants of the same on the General Fund, motion carried.

 

GENERAL FUND

Warrant Nos. 208001-208121 & 02080413-02080563, Incl

Total Net Payroll

 

$72,576.85

A & Process Service

Crt Csts

69.51

AAL Mutual Funds

Ann (Warr#02080414)

170.00

Dave Abegglen

Mile

56.21

Ace Hardware

Law Enf Supp

34.95

AFLAC Insurance

AFLAC Cont (Warr#02080417)

283.09

Ameritas Life Ins Co

Co Retire (Warr#02080418)

3,851.94

Ameritas Life Ins Co

Co Retire Match

5,777.97

Aon Risk Services Inc

Officials Errors-Omissions

11,082.00

ARL Credit Services

Garnish (Warr#02080420)

109.74

Martha Bailey

Interpreter Services

30.35

Barone Security System

Bldg Repair

160.00

Linda Bartholomew

Un All

40.00

Stephen Charest

Crt Appt Coun

1,519.00

Big Red Printing

Postage/Stat Env/Law Enf Supp

1,367.17

Blue Cross Blue Shield

Health Ins (Warr#02080426)

6,637.86

Bob Barker Co

Inmate Prov

116.95

Bobs SunMart Pharm

Med/Hosp

4.89

Boone County Sheriff

Boarding Contract

4,095.00

Thomas Brandl

Un All

40.00

Glenna Brewer

Un All

40.00

Bright Cleaning Service

Handiman/Misc

4,262.32

BTS

Bldg Rep

120.00

Butler County Clinic

Med/Hosp

247.00

CellularOne

Cell Phones

47.12

CellularOne

Misc

131.04

CellularOne

Misc

26.60

Chem-Free Pest Service

Pest Control

95.00

Colfax County Court

Crt Csts

6.25

Colfax County Sheriff

Dist Crt Csts

15.79

Columbus Area United Way

U W Cont (Warr#02080441)

17.00

Columbus Community Hospital

Law Enf Csts

40.50

Columbus Telegram

Crt Csts/Misc

201.22

Columbus United Federal Credit Union

CU Cont (Warr#02080444)

4,053.00

Community Internet Systems

Reg, Dues, Sub

3.00

Connecting Point

Off Supp/Off Eq

488.90

Control Masters

Bldg Rep

1,968.70

Cornhusker Off Supp

Off Supp/Misc/Voting Supp/Micro Photo

812.83

Cornhusker State Industries

Bldg Rep

606.00

Credit Bureau Services

Garnish (Warr#02080450)

73.16

Daniel Cuba

Un All

40.00

Dakota County Court

Crt Csts

2.50

Susanne Dempsey

Post/Mile

29.07

Dept Motor Vehicles

Crt Csts

43.00

Dodge County Sheriff

Co Crt Csts

27.25

Drain Surgeon

Bldg Rep

75.00

Eakes Office Plus

Off Supp

10.99

Egr & Birkel

Crt Appt Coun

1,495.00

Election Data Direct Inc

Voting Supp

486.88

Enterprise Electric

Bldg Supp

299.28

Ernst Auto Center

Grease Oil

15.95

James Fairchild

Un All

40.00

First National Bank

Off Supp

46.26

Floor Maintenance

Bldg Supp/Law Enf Supp/Inmate Prov

230.00

Allen Foster

Un All

40.00

Joseph Gragert

Un All

40.00

Grant & Grant

Crt Appt Coun

647.50

Hadley Braithwait Co

Bldg Supp/Off Supp

545.55

Hall County Court

Crt Csts

3.25

Hamilton County Court

Crt Csts

4.00

Alice Hardesty

Meals/Lodging/Mile

146.10

Hartford Life Ins Co

Ann (Warr#02080472)

470.00

Amber Haynes

Un All

40.00

Hendricks County Clerk

Garnish (Warr#02080474)

280.00

Daniel Hickman

Un All

40.00

Humphrey Democrat

Misc

6.17

Intab, Inc

Voting Supp

52.86

Ionex Telecommunications

Phone Serv

2,727.64

Alice Isham

Un All

40.00

Burnetta Kratky

PT Clerical

275.50

Lab Safety Supp

Misc

82.21

Jennifer Ladman

Crt Appt Coun

<