Columbus, Nebraska

May 7, 2002

Tuesday, A.M.

 

Pursuant to adjournment the Platte County Board of Supervisors met in session beginning at nine o’clock in the morning.  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 the Humphrey Democrat for Notice of Public Meeting were presented. A public hearing was held at 9:00 a.m. for the purpose of considering the issuance of a Bottle Club/Off Sale Only License to Longhardt LLC dba Country Shadows Golf Course. Motion, Supervisor Woerth, seconded Supervisor Lloyd, to conclude the hearing at 9:05 a.m motion carried. Motion, Supervisor Woerth, seconded Supervisor Friedrichsen, that the Platte County Board of Supervisors recommend to the Nebraska Liquor Control Commission that the Bottle Club /Off Sale License for Longhardt LLC be granted, and vote was as follows: motion carried. Rebecca Rayman, District Health Department, presented a Revised Resolution and Interlocal Agreement for Nance County to join the Health Department. The following resolution was presented:

 

                RESOLUTION NO. 02-14

                WHEREAS, THE Platte County Board of Supervisors agreed to establish a district health department for the counties

                of Platte and Colfax, pursuant to the Resolution and Agreement of the Platte County Board of Supervisors dated June

                17, 1997; and

 

                WHEREAS, the Department of Health and Human Services Regulation and Licensure of the State of Nebraska (“HHS”)

approved the establishment of the Platte-Colfax County  District Health Department pursuant to the Approval of Joint Agreement between Colfax County and Platte County dated October 1, 1997; and

 

                WHEREAS, the Platte-Colfax County District Health Department expanded to include Boone County and changed its

                name to the East-Central District Health Department (the “District Health Department”) effective as September 25, 2001;

                and

 

                WHEREAS, the Platte County Board of Supervisors has determined that, subject to the approval of the HHS, the District

                Health Department should be expanded to include the counties of Platte, Colfax, Boone and Nance, pursuant to Nance

                County’s Resolution.

 

IT IS HEREBY RESOLVED  by the Platte County Board of Supervisors that an agreement be submitted to the HHS

for the purpose of expanding the District Health Department to include the county of Nance along with Platte, Colfax 

                and Boone counties, pursuant to Neb.Rev.Stat. §§ 71-1626 through 71-1636, as amended.

 

                IT IS FURTHER RESOLVED that the expansion of the District Health Department be subject to and effective upon                      approval of the HHS, and the adoption of like resolutions by Colfax County, Boone County, Nance County and the

                District Health Department Board of Health (the “District Board of Health”).

 

                THAT this resolution along with like resolutions by Colfax county, Boone County, Nance County, upon approval by

                the Department of Health of the State of Nebraska, shall constitute an agreement among the counties of Platte, Colfax,

                Boone and Nance and the HHS for the expansion of the District Health Department to include Platte, Colfax, Boone

                and Nance Counties.

 

                THAT the expanded District Health Department shall be funded by state and federal grants, private foundations,

                donations and other monies for which the expanded District Health Department is eligible.  That any funds and/or

                other property acquired by and/or promised to the Platte-Colfax County District Health Department prior to this

                resolution, from any source whatsoever, shall be distributed to or applied for the benefit of only Platte County or

                Colfax County, or both, and that any funds and/or other property acquired by and/or promised to the East-Central

                District Health Department prior to this resolution, from any source whatsoever, shall be distributed to or applied

                for the benefit of only Platte County, Colfax County or Boone County, or any or all of them, unless the counties of

                Platte, Colfax, Boone and Nance agree otherwise and the grantor or provider of said funds and/or other property

                Specifically authorizes such other use.

 

                THAT the management of the expanded District Health Department shall be governed by the local health district statutes

                (Neb.Rev.Stat. §§ 71-1626 to 71-1636, as amended from time to time) and managed by the District Health Department

                Director, subject to the oversight of the District Board of Health.

 

                THAT the District Health Department for the counties of Platte, Colfax, Boone and Nance shall be located at 3806

                Howard Blvd., Columbus, Nebraska, 68601.

 

                IT IS FURTHER RESOLVED that this resolution, once approved by the HHS, shall pursuant to the provisions of Chapter

                71, Article 16 of the Nebraska Revised Statutes, expand the District Health Department to include the counties of Platte,

                Colfax, Boone and Nance, which expanded District Health Department shall have indefinite duration and which may be

                terminated only in accordance with Nebraska Revised Statutes §§ 71-1626 through 71-1636, as amended.

 

                THAT    copies of the Agreement amount the counties of Platte, Colfax, Boone and Nance with the State of Nebraska

                shall be kept on file with the county clerks of Platte, Colfax, Boone and Nance counties.

 

                DATED this 7th day of May, 2002.

 

                                                                                                                                /s/Arnold Stuthman

                                                                                                                                Chairman, Platte County Board of

                                                                                                                                Supervisors

/s/Diane C. Pinger

                County Clerk

               

 Motion, Supervisor Franzen, seconded Supervisor Pfeifer, authorize the Chairman to sign Resolution No. 02-14 and the amended interlocal agreement allowing Nance County to join the East Central District Health Department, motion carried. Motion, Supervisor Woerth, seconded Supervisor Friedrichsen, approve the minutes of April 16, 2002 motion carried. Bill Brandenburgh, Region 10 Civil Defense Director, discussed the LEPC with the County Board. Motion, Supervisor Franzen, seconded Supervisor Pfeifer, authorize the Chairman to sign the agreement for a NOAA weather Radio Transmitter with the funds taken out of the Inheritance Tax Fund  motion carried. Motion, Supervisor Franzen, seconded Supervisor Lloyd, authorize the Civil Defense to establish a revolving fund in the amount of $500.00, motion carried. Curt Reiter, Microfilm Imaging Systems, discussed the Document Imaging System with the County Board. Motion, Supervisor Franzen, seconded Supervisor Friedrichsen, file the County Treasurer Receipts representing credit to the respective funds: motion carried

NIRMA                                  Workmans Comp refund                                                     General Fund                                                        $ 1,773.56

City of Columbus                 Salary reimbursement                                                          General Fund                                                           1,666.66

York County                         Budget share                                                                        District Probation Fund                                         1,131.06

County Assessor                 Copies                                                                                    General Fund                                                                25.75

State of Nebraska                 Budget share                                                                        Region 10 C.D. Fund                                               5,128.94

State of Nebraska                 Juvenile Services Grant                                                       General Fund                                                           2,500.00

NIRMA                                  Workmans Comp reimbursement                                      General Fund                                                                62.07

Gall’s Inc.                              Overpayment                                                                        General Fund                                                                59.45

EverCom                                Inmate phone commission                                                  General Fund                                                              715.65

Seward County                     Budget share                                                                        District Probation Fund                                         1,224.53

Behlen Towing                     City Auction proceeds                                                        General Fund                                                                37.06

Saunders County                 Budget share                                                                        District Probation Fund                                         1,355.40

Platte County Court             Home detention monitoring                                               General Fund                                                              170.00

 

 Motion, Supervisor Friedrichsen, seconded Supervisor Woerth, adopt Resolution No. 02-12 Approving Depository and Securities for First National Bank & Trust Co motion carried. Motion, Supervisor Woerth, seconded Supervisor Franzen, adopt Resolution No. 02-15 Approving Depository and Securities for First National Bank & Trust Company, motion carried.Motion, Supervisor Pfeifer, seconded Supervisor Franzen, approve the official bond for Janice Kessler-Fischer, Granville Township Clerk, motion carried.

 

                The following resolution was presented:

RESOLUTION NO. 02-13

                WHEREAS, the County has previously issued warrants and said warrants listed below have been outstanding for a

                of at least two years, and

 

                WHEREAS, it is desirous by Resolution to cancel those warrants.

 

                NOW, THEREFORE, be it resolved, that the County Clerk’s list of Outstanding Warrants be stricken from the Platte

                County records.

 

OUTSTANDING WARRANTS TO BE CANCELLED BY

BOARD RESOLUTION

_______________________________________________

 

                Date                                                        Warrant No. & Fund                                                                                           Amount

 

                01/18/99                                 99055518 (Time Magazine) General                                                                                   $   39.97

                06/15/99                                 99065963 (LeRoy Schlender) General                                                                                       3.00

                07/01/99                                 99070033 (Kenneth Niesz) General                                                                                         35.00

                11/05/99                                 99112004 (Julie Graham) General                                                                                             35.00

                12.07/99                                  99122416 (Dora Flores) General                                                                                              30.00

                03/27/00                                 00034153 (Kelly Lovci0 General                                                                                              70.00

                03/07/00                                 00033917 (Westport Apts) County Relief                                                                           163.00

 

                Dated this 1st day of May, 2002

 

                Attest:  Diane C. Pinger

                        County Clerk

                                                                                                                                /s/Arnold Stuthman

                                                                                                                                Chairman, Platte County Board of Supervisors

Motion, Supervisor Resolution No. 02-13 cancelling warrants that are outstanding for two (2) years or more,  motion carried. Motion, Supervisor Woerth, seconded Supervisor Friedrichsen, approve the performance bond on Koch Materials Company for asphalt, motion carried. Motion, Supervisor Pfeifer, seconded Supervisor Woerth, file the E-911 quarterly report ending March 31, 2002 from the City of Columbus, motion carried.  Art Friesen Company discussed ceramic building replicas of the courthouse with the County Board. Motion, Supervisor Friedrichsen, seconded Supervisor Tooley, to table the ceramic building replicas until May 21, 2002, motion carried. Paul Schumacher and Linda Aerni of Community Internet Systems discussed the County Website with the County Board. The County Sheriff discussed the proposed Justice Benefits, Inc. contract, the proposed Health Department contract and hiring of maintenance personnel with the County Board. Motion, Supervisor Franzen, seconded Supervisor Tooley, authorize the Chairman to sign the agreement for professional services between Platte County and Justice Benefits In. motion carried.  Motion, Supervisor Pfeifer, seconded Supervisor Franzen, authorize the Chairman to sign the nurse’s service agreement between Platte County and the East Central District Health Department to be effective May 7, 2002, motion carried. The Highway Superintendent discussed the alteration of Brugger Road No. 391 with the County Board. Motion, Supervisor Pfeifer, seconded Supervisor Franzen, authorize the alteration of Brugger Road No. 391 as requested by Minnesota Corn Processors, motion carried. Richard Snyder, Snyder Engineering, discussed emergency bidding with the County Board.Motion, Supervisor Woerth, seconded Supervisor Friedrichsen, to declare an emergency for the Courthouse Abatement bids and waive the bidding process under the emergency management clause State Statute 23-3109 sub 2 motion carried. Clark Grant requested the vacation of Sunrise Ranchettes Subdivision and for the approval of the new Seda Sunrise Ranchettes Subdivision:                                                                                                                        

                The following resolution was presented:

RESOLUTION NO. 02-17

 

                WHEREAS, Virgil D. Seda and Odella M. Seda, are the owners of all of the following-described real estate,

                hereinafter described and situated in Platte County, Nebraska, to-wit:

 

                The North ten plus acres of the Southwest Quarter of the Northwest Quarter of Section 14, Township 17North, Range 1 East of the

6th P.M., Platte County, Nebraska, containing 435,601.6 square feet, more or less, n/k/a Sunrise  Ranchettes Subdivision to the City of      Columbus, Platte County, Nebraska all of which is situated within the boundaries of Platte

                County, Nebraska, and not within the boundaries of any  incorporated city or village; and

 

                WHEREAS, the plat for said subdivision was approved by the Board of Supervisors of Platte County, Nebraska

                on the 18th day of March, 1980, by Resolution No. 246, said Resolution being filed for record in the Register of Deeds’

                office of said County of Platte, State of Nebraska, on the 27th day of June, 1980, recorded in Book 70 of Miscellaneous

                Records, Page 399, thereof, and said subdivision was also approved by the mayor and Council of the City of Columbus,

                Nebraska, by Resolution No. 4782, said Resolution being filed for record in the Register of Deeds ‘office of said County

                of Platte, State of Nebraska, on the 27th day of June, 1980, recorded in Book 70, of Miscellaneous Records, Page 401,

                thereof; and

 

WHEREAS, the public roads dedicated to Platte County have never been constructed and no lots or parcels of

                Sunrise Ranchettes Subdivision have ever been sold for residential use; and

 

                WHEREAS, said owners of Sunrise Rancheetes Subdivision have re-platted and resubdivided said real estate,

                together with additional real estate located to the South of said real estate and said owners now desire to vacate the

                original Sunrise Ranchettes Subdivision; and

 

WHEREAS, the Board of Supervisors of Platte County, Nebraska determined that it will be in the best interest of Platte County, Nebraska, to approve the vacation of said Sunrise Ranchettes Subdivision and convey to the current owners of said    real estate any streets, avenues, and easements previously designated and dedicated to the use and

                benefit of the public for public road purposes and for the installation and maintenance of public utilities.

 

                NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Platte County, Nebraska, that the

                aforesaid-described Sunrise Ranchettes Subdivision be and hereby is vacated; that the Chairman of the Board of

                Supervisors and the County Clerk be and hereby are authorized and directed to convey to Virgil D. Seda and Odella

                M. Seda any and all public roads and public utility easements of said Sunrise Ranchettes Subdivision.

 

                                INTRODUCED BY SUPERVISOR Franzen

SECONDED BY SUPERVISOR Woerth

 

                                PASSED AND ADOPTED this 7th day of May, 2002.

 

                ATTEST:                                                                                                               /s/Arnold Stuthman

                                                                                                                                                Chairman of the Board of Supervisors of Platte

                                                                                                                                                County Nebraska

                /s/Diane C. Pinger

                County Clerk

Motion, Supervisor Franzen, seconded Supervisor Woerth, adopt Resolution No. 02-17 to vacate Sunrise Ranchettes

Subdivision, motion carried.The following resolution was presented:

RESOLUTION NO. 02-18

                WHEREAS, Virgil D. Seda and Odella M. Seda, are the owners of all of the following-described real estate,

                hereinafter described and situated in Platte County, Nebraska, to-wit:

 

                The SW1/4 of the NW1/4 of Section 14, Township 17 North, Range 1 East of the 6th P.M., Platte County, Nebraska,

                all of which is situated within the boundaries of Platte County, Nebraska, and not within the boundaries of any

                incorporated city or village; and

 

                WHEREAS, said owners have laid out said parcel of real estate into one block and four lots under the name of

                SEDA SUNRISE RANCHETTES SUBDIVISION, which plat has thereon the certificate of Eric M. Breuer, registered

                land surveyor in the State of Nebraska, dated April 24, 2002, certifying to same as provided by law.

 

                WHEREAS, the Board of Supervisors of Platte County, Nebraska deem said plat executed, and that it will be in

                the best interest of Platte County, Nebraska, to approve the plat of said Subdivision.

 

                NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Platte County, Nebraska, that the

                aforesaid-described SEDA SUNRISE RANCHETTES SUBDIVISION be and hereby is approved ; that the Chairman

                of the Board of Supervisors and the County Clerk be and hereby are authorized and directed to endorse such approval

                on the original plat of said Subdivision; and that a copy of said plat shall be recorded in the Road Plat Book of Platte

                County, Nebraska.

 

                                INTRODUCED BY SUPERVISOR Franzen

                                SECONDED BY SUPERVISOR Lloyd

 

                                PASSED AND ADOPTED this 7th day of May, 2002.

 

                ATTEST:                                                                                                               /s/Arnold Stuthman

                                                                                                                                                Chairman of the Board of Supervisors of Platte

                                                                                                                                                County, Nebraska

                /s/Diane C. Pinger

                County Clerk

Motion, Supervisor Franzen, seconded Supervisor Lloyd, adopt Resolution No. 02-18 approving the new Seda Sunrise

Ranchettes Subdivision, motion carried. The County Attorney presented the cost to reupholster Victims Assistance furniture to the County Board. Motion, Supervisor Franzen, seconded Supervisor Lloyd, authorize the Building and Grounds Committee to view the Victims Assistance furniture and approve the reupholstering up to $606.00, motion carried. Motion, Supervisor Franzen, seconded Supervisor Pfeifer, remove from the table the matter of the personnel manual/policy amendment, motion carried. Motion, Supervisor Franzen, seconded Supervisor Lloyd, remove from the agenda the matter of the personnel manual/policy amendment, motion carried. Motion, Supervisor Franzen, Supervisor Pfeifer, authorize the Chairman to sign the utility application for Frontier Communications, motion carried. Motion, Supervisor Woerth, seconded Supervisor Lloyd, authorize the Chairman to sign the right-of-way contracts, motion carried. Motion, Supervisor Franzen, seconded Supervisor Pfeifer, file the State of Nebraska, Department of Roads, Fiscal Year 2001 Reports on Surface Transportation Program Activity and the Allocation of Fiscal Year 2002 Federal Surface Transportation Program Funds motion carried.n, Supervisor Pfeifer, seconded Supervisor Lloyd, file the State of Nebraska, Department of Roads, One & Six Year Plan for Platte County was reviewed and accepted ,  motion carried.

Motion, Supervisor Pfeifer, seconded Supervisor Tooley, go into executive session at 11:55 a.m. for possible litigation matters, motion car Motion, Supervisor Pfeifer, seconded Supervisor Woerth, to conclude the executive session at 12:07 p.m., motion carried. Motion, Supervisor Franzen, seconded Supervisor Woerth, file the General Assistance Administrator’s report for April 2002 motion carried.The following resolution was presented:

RESOLUTION NO. 02-16

ADOPTING AMENDMENT TO DEFERRED COMPENSATION PLAN

                WHEREAS, the Platte County Board of Supervisors (hereinafter “Employer”) heretofore established the

                Hartford Deferred Compensation Plan (hereinafter “Plan”); and

 

                WHEREAS, the Employer desires to amend the Plan to conform with the technical corrections to the

Economic Growth and Tax Relief Reconciliation Act of 2001 (“EGTRRA”) contained in the Job Creation and  Worker Assistance Act of 2002 (“Act”); and

 

                WHEREAS, this amendment is intended as good faith compliance with the requirements of the Act and

                guidance issued thereunder, 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 January 1, 2002, the Employer hereby amends the

                Plan as follows:

 

                “Includible Compensation – means compensation from the Employer, within the meaning of Code Section

                415(c)(3) and the regulations thereunder.

 

                Age 50+ Catch-Up Contribution – All Participants who have attained age 50 before the close of the plan year

                Shall be eligible to make catch-up contributions in accordance with, and subject to the limitations of, Section 414(v)

                of the Code.  Such contribution shall not, with respect to the year in which the contribution is made, be subject to any

                otherwise applicable limitation contained in Section 457 of the Code, or be taken into account in applying such

                limitation contained in Section 457 of the Code, or be taken into account in applying such limitations to other contri-

                butions or benefits under this Plan or any other plan.  The maximum amount that may be deferred under this Plan for

                any calendar year by a Participant eligible for both the pre-retirement catch-up contribution under Section 457(b)(3)    

                of the Code and this age 50+ catch-up contribution is the greater of the maximum amount that may be deferred under

                the contribution limit at section 457(b)(2) of the Code, plus any age 50+ catch-up contribution allowed under this

                section, or the pre-retirement catch-up contribution limit at Section 457(b)(3) of the Code.”

 

                                IN WITNESS WHEREOF, the Employer has executed this Plan Amendment this 5th day of May, 2002.

 

                                                                                                                        Platte County

 

                                                                                                              by /s/Arnold Stuthman

                                                                                                                                                                Chairman, Platte County Board of Supervisors

 

                Attest:

 

                /s/Diane C. Pinger                                       /s/Deborah A. Backman

                Platte County Clerk                                                              Witness

 

Motion, Supervisor Woerth, seconded Supervisor Lloyd, adopt Resolution No. 02-16 Amending the Hartford Deferred

Compensation Plan, motion carried. Motion, Supervisor Pfeifer, seconded Supervisor Lloyd, file the letter from the Nebraska Commission on Law Enforcement and Criminal Justice stating the County Jail to be in full compliance with the Juvenile Justice Delinquency Prevention Act, motion carried. Committee Reports:  Supervisor Woerth reported Judge Skorupa would like cable run to four offices at a cost of $500.00.  It was suggested that the Judge get another quote. Supervisor Franzen attended a BC/BS meeting in Lincoln, they are proposing an increase of 8% and a 3 tierd prescription card. Motion, Supervisor Woerth, seconded Supervisor Lloyd, 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. 204501-205107 & 02054571-02054733, Incl.,

Total Net Payroll

 

$71,862.46

A and P Process Service

Crt Csts

30.00

AAL Mutual Funds

Ann (Warr 302054572)

170.00

Dave Abegglen

Mile

43.80

Ace Hardware

Law Enf Supp/Eq Rep Oth

76.69

AFLAC Insurance

AFLAC Cont (Warr #02054575)

283.09

Ameritas Life Ins Corp

Co Retire (Warr #02054576)

3,637.42

Ameritas Life Ins Corp

Co Retire Match

5,456.16

Auto Quality

Auto Rep

297.42

Linda Bartholomew

Un All

40.00

Brian Beckner

Crt Appt Coun

203.00

Behlen Towing

Oth Eq Auto Rep

558.09

Big Red Printing

Off Supp/Law Enf Supp

478.27

Blue Cross Blue Shield

Health Ins (Warr #02054582)

5,859.32

Boone Co Sheriff

Board Cont

3,510.00

W A Brandenburgh

Mile/Reg

146.65

Thomas Brandl

Un All

40.00

Glenna Brewer

Un All

40.00

Brights’s Cleaning Serv

Bldg Rep

2,861.45

BTS

Bldg Rep

120.00

Carpenter Paper Co

Micro/Photo

276.30

Cellular One

Cell Phone

33.83

Cellular One

Misc

26.55

Centec Cast Metal Products

Grave Markers

66.00

Chem-Free Pest Serv

Pest Cont

95.00

Chief Supply

Law Enf Csts

287.68

Clerk of District Court

Post

105.20

Clerk of Supreme Court

Crt Csts

52.00

Colfax Co Sheriff

Crt Csts

26.50

Columbus Area United Way Inc

UW Cont (Warr #02054598)

22.00

Columbus Community Hospital

Law Enf Csts

57.75

Columbus Plumbing Co

Bldg Rep

38.00

Columbus Telegram

Misc

6.73

Columbus United Fed C U

C U Cont (Warr #02054602)

4,103.00

Community Internet Systems

Subs

15.00

Connecting Point

Off Supp/Bldg Rep/Data Proc Software/Oth Eq Rep

304.81

Cornhusker Office Supply

Micro/Photo/Voting Supp

297.65

Corporate Diversified Serv

Misc

78.60

Correctional Billing Svc

Misc

34.60

Daniel Cuba

Un All

40.00

Decisions of Nebr Court of Appeals

Subs

350.00

Susanne Dempsey

Crt Appt Coun

371.00

Susanne Dempsey

Off Supp

21.29

Douglas Co Sheriff

Crt Csts

16.19

Eakes Office Plus

Off Supp/Off Eq Rep

962.10

Egr & Birkel

Crt Appt Coun

490.00

Enterprise Electric

Bldg Supp

401.28

James Fairchild

Un All

40.00

Kelly Feehan

Reg

20.00

Allen Foster

Un All

40.00

Myron Franzen

Mile

47.45

Frontier Communications co

Off Eq

13,709.96

Galls Inc

Law Enf Supp

77.49

Joseph Gragert

Un All

40.00

Grant & Grant

Crt Appt Coun

2,700.00

Guard-Rite Security

Board Cont

167.40

Hadley Braithwait

Off Supp/Bldg Supp

47.60

Hartford Life Ins Co

Ann (Warr #02054626)

270.00

Amber Haynes

Un All

40.00

Hendricks Co Clerk

Garnish (Warr #02054628)

280.00

Daniel Hickman

Un All

40.00

Tim Hofbauer

Mile/Reg

146.65

Holiday Inn

Lodging

208.00

Holt Co Sheriff

Crt Csts

15.50

The Humphrey Democrat

Misc

6.17

Intab Inc

Voting Supp

51.83

Ionex Telecommunications