The Board met with Elected Officials and Department Heads prior to the regular meeting. No action was taken.

Transcription

1 The York County Board of Commissioners met according to law on June 28, 2011 at 9:42 a.m. as per notice in the York News Times on June 23, 2011, with Chairman Kurt Bulgrin, with Pat Bredenkamp, Bill Bamesberger and Paul Buller; Commissioner Tom Shellington was absent. Also present at the meeting were Melanie Wilkinson, correspondent of the York News Times and Bill Sutter, County Attorney. The meeting was opened with the Pledge of Allegiance. The agenda of the meeting was posted on the bulletin board in the County Clerk s office and a copy of the agenda was made available to each Commissioner. Bulgrin announced that the Open Meetings Law was posted outside the door along with copies in the back of the Board Room. Proof of publication was also available. The Board met with Elected Officials and Department Heads prior to the regular meeting. No action was taken. Moved by Bredenkamp, seconded by Bamesberger to approve the minutes of the June 14, 2011 Board of Commissioners meeting as presented; roll call: yeas, Bredenkamp, Bamesberger, Buller and Bulgrin; nays, none; Shellington absent; motion carried. Moved by Bamesberger, seconded by Buller to adopt the agenda for Tuesday, June 28, 2011 as presented; roll call: yeas, Bamesberger, Buller, Bredenkamp and Bulgrin; nays, none; Shellington absent; motion carried. There were no General Assistance cases to be brought before the Board. Brad Covert, Acting Highway Superintendent submitted a Road Closure Study for County Road 20 between Road D and E (the West half-mile between Section 27 and 34). Covert reported that Badura has contacted the land owners and renters and talked with them and found no opposition. He recommends that it be abandoned and the right of way that lays between Section 27 and 34 (West half mile on Road 20) be turned over and deeded to the U.S. Fish and Wildlife Service, at their expense. The East ½ mile remain York County s right of way as a minimum maintenance dirt mile with limited maintenance and would not be opened in winter months. This road has been closed for several years and he does not currently anticipate the use of this property for highway or road purposes in the future. The Board will set the matter for public hearing as determined by statutes. Moved by Bredenkamp, seconded by Buller to amend the agenda to include action on transferring funds to the Noxious Weed Department; roll call: yeas, Bredenkamp, Buller, Bamesberger and Bulgrin; nays, none; Shellington absent; motion carried. Moved by Bredenkamp, seconded by Bamesberger to amend the agenda to include action on transferring funds from the Inheritance Tax Fund to the Area on Aging Fund; roll call: yeas, Bredenkamp, Bamesberger, Buller and Bulgrin; nays, none; Shellington absent; motion carried. Moved by Bulgrin, seconded by Bredenkamp to adopt Resolution #11-29 to transfer $9, from the General Fund to the Noxious Weed Fund; roll call: yeas, Bulgrin, Bredenkamp, Buller and Bulgrin; nays, none; motion carried. RESOLUTION #11-29 WHEREAS, the York County Board of Commissioners met at their regular meeting on the 28 th day of June 2011, and discussed the fact that in the proposed budget for , the Noxious Weed Fund would be funded by way of interfund transfers from the General Fund; and WHEREAS, at this time it is necessary to transfer proposed budgeted funds in order to meet obligations in the amount of $9,000. NOW BE IT RESOLVED, that the York County Treasurer shall transfer the sum of $9, budgeted dollars from the General Fund to the Noxious Weed Fund for the budget year of Dated this 24th day of June, It is also necessary at this time to transfer funds into the Area on Aging Fund. Moved by Bredenkamp, seconded by Bamesberger to adopt Resolution #11-30 to transfer $20,000 from the Inheritance Tax Fund to the Area on Aging Fund; roll call: yeas, Bredenkamp, Bamesberger, Buller and Bulgrin; nays, none; Shellington absent; motion carried. RESOLUTION #11-30 WHEREAS, the York County Board of Commissioners met at their regular meeting on the 28 th day of June 2011, and discussed the fact that in the proposed budget for , the Area on Aging Fund would be funded by way of interfund transfers from the Inheritance Tax Fund; and WHEREAS, at this time it is necessary to transfer proposed budgeted funds in order to meet obligations in the

2 amount of $20,000. NOW BE IT RESOLVED, that the York County Treasurer shall transfer the sum of $20, budgeted dollars from the Inheritance Tax Fund to the Area on Aging Fund for the budget year of Dated this 24th day of June, It is also necessary at this time to transfer budget authority within the General Fund as the County Attorney is over budget by $2,144.08; the Veterans Service Office by $1, and Data Processing by $.24. Moved by Buller, seconded by Bamesberger to adopt Resolution #11-31 transferring budget authority from the District Court Child Support budget to the County Attorney in the amount of $2,150.00; roll call: yeas, Buller, Bamesberger, Bredenkamp and Bulgrin; nays, none; Shellington absent; motion carried. RESOLUTION #11-31 Transfer of Budget Authority WHEREAS, the York County Board of Commissioners met at their regular meeting on the 28 th day of June, 2011, to discuss and act on an emergency created in the funds available in the budget of the York County Attorney to operate until the end of the fiscal year which will be completed on June 30, 2011; and WHEREAS, unanticipated operating expenses have been required; and WHEREAS, the York County Board of Commissioners has been advised that a deficit appropriation in the sum of $2, will be required to complete the obligations of its office for the fiscal year ending June 30, NOW THEREFORE, BE IT RESOLVED, that the York County Board of Commissioners hereby finds and declares that an emergency exists in the budget of the York County Attorney and hereby appropriates from the District Court Child Support/General Fund the sum of $2, for the York County Attorney budget for the remainder of the fiscal year ending June 30, 2011 for payment of claims. Dated this 28 th day of June, Moved by Bamesberger, seconded by Buller to adopt Resolution #11-32 to transfer budget authority from the District Court Child Support budget to the Veterans Service Office budget in the amount of $1,500.00; roll call: yeas, Bamesberger, Buller, Bredenkamp and Bulgrin; nays, none; Shellington absent; motion carried. RESOLUTION #11-32 Transfer of Budget Authority WHEREAS, the York County Board of Commissioners met at their regular meeting on the 28th day of June, 2011, to discuss and act on an emergency created in the funds available in the budget of the York County Veterans Service Office to operate until the end of the fiscal year which will be completed on June 30, 2011; and WHEREAS, unanticipated operating expenses have been required; and WHEREAS, the York County Board of Commissioners has been advised that a deficit appropriation in the sum of $1, will be required to complete the obligations of its office for the fiscal year ending June 30, NOW THEREFORE, BE IT RESOLVED, that the York County Board of Commissioners hereby finds and declares that an emergency exists in the budget of the York County Veterans Service Office and hereby appropriates from the District Court Child Support/General Fund the sum of $1, for the York County Veterans Service Office budget for the remainder of the fiscal year ending June 30, 2011 for payment of claims. Dated this 28th day of June, Moved by Bredenkamp, seconded by Bamesberger to adopt Resolution #11-33 to transfer budget authority from the District Court Child Support budget to the Data Processing budget in the amount of $5.00; roll call: yeas, Bredenkamp, Bamesberger, Buller and Bulgrin; nays, none; Shellington absent; motion carried. RESOLUTION #11-33 Transfer of Budget Authority WHEREAS, the York County Board of Commissioners met at their regular meeting on the 28th day of June, 2011, to discuss and act on an emergency created in the funds available in the budget of the York County Data Processing to operate until the end of the fiscal year which will be completed on June 30, 2011; and WHEREAS, unanticipated operating expenses have been required; and WHEREAS, the York County Board of Commissioners has been advised that a deficit appropriation in the sum of $5.00 will be required to complete the obligations of its office for the fiscal year ending June 30, NOW THEREFORE, BE IT RESOLVED, that the York County Board of Commissioners hereby finds and declares that an emergency exists in the budget of the York County Data Processing and hereby appropriates from the District Court Child Support/General Fund the sum of $5.00 for the York County Data Processing budget for the remainder of the fiscal year ending June 30, 2011 for payment of claims.

3 Dated this 28th day of June, Bids were opened at 10:00 a.m. as advertised for financing of the Rubber Tire Excavator in the amount of $119, The following bids were received: Midwest Bank York, NE fixed rate of 2.75% York State Bank York, NE 2.49% APR Cornerstone Bank York, NE 3.27% Union Equipment Finance LLC Lincoln, NE fixed rate of 3.00% Wells Fargo Equipment Finance, Inc. Omaha, NE implicit rate of 2.25% Henderson State Bank Henderson, NE fixed rate of 3.24% Smith Hayes Financial Service Corp net interest cost 2.196% on $122, (this includes costs) true interest cost 2.220% on $122, (this includes costs) Nebraska Machinery Company Lincoln, NE fixed interest cost 3.75% on $119, (costs included) Moved by Bredenkamp, seconded by Bamesberger to table action on the financing until the next regularly scheduled Board meeting; roll call: yeas, Bredenkamp, Bamesberger, Buller and Bulgrin; nays, none; Shellington absent; motion carried. Susan Dunavan owner of 1312 Road 6 York, Nebraska came before the Board to voice her concerns regarding the proposed Keystone XL pipeline which is to cross their land. Her and her husband have sent many certified letters to TransCanada with concerns they have. She asked that the Board address these questions while speaking with the Keystone representatives later in the meeting. Payroll and vendor claims were reviewed. Moved by Bamesberger, seconded by Buller to approve payroll in the amount of $122, and vendor claims as presented; roll call: yeas, Bamesberger, Buller, Bredenkamp and Bulgrin; nays, none; Shellington absent; motion carried. Fund Name Description Total Gen Antelope County Court Office Supplies 7.05 Rd Bader s Highway & Street Asphaltic 24, Rd Barrett Bros. Inc. Repair Parts Rd Batterton Home Improvement Cntr, Inc. Lumber Gen Blue Knight Security, Inc. Security Contract Rd Car Parts Inc. Shop Supplies Aging Cash-Wa Distributing Co. Supplies Gen Cornerstone Bank Court Costs Rd Cornhusker Cleaning Systems Inc. Shop Supplies Gen Data Tech Computer Serv Office Equipment Repair Rd David Dirmyer Uniform Allowance Gen Douglas County Treasurer Coroner/Autopsy Costs Gen, Aging Eakes Office Plus Office Supplies Rd Farm Plan Repair Parts Rd Farmers Cooperative Tire Repair Rd Fastenal Industrial & Const Supply Flares & Flags Gen Fillman Law Offices Attorney Fees 1, Rd Filter Care Repair Parts Rd Flail-Master Grader Blades Rd Friesen Chevrolet, Inc. Repair Parts Rd Garrett Tires & Treads GI Tire Repair 1, Aging Grand Central Foods Supplies Aging Janet Hines Reimbursement Gen Hometown Leasing Equipment Rental Gen Hy-Tec Auto Service Vehicle Maintenance Gen Jackson Services Inc. Building Maintenance Gen JW Jones MD Coroner/Autopsy Costs Gen Lancaster County Sheriff Court Costs 7.62 Rd Mac Tools Distributor Shop Supplies Gen, Rd Medical Enterprises, Inc. Drug & Alcohol Testing Gen Microfilm Imaging Systems, Inc. Microfilming Costs Rd Midwest Service & Sales Safety Equipment Rd Miller Seed & Supply Co., Inc. Right-of-Way Gen MIPS Inc. Office Equipment Gen Momar, Inc. Janitorial Supplies Gen National Paper & Sanitary Supply Janitorial Supplies Gen Ne County Assessor s Assoc. Dues/Registration Gen Ne Dept of Motor Vehicles Court Costs 4.00 State Inst Ne Health & Human Services Monthly Fees Rd Ne Truck & Equipment Co., Inc. Repair Parts Rd Nebraskaland Glass Repair Parts/Labor Rd NMC Exchange LLC Grader Blades 2, Gen Tami Norquest Mileage Gen North Office Supply Office Supplies 16.83

4 Gen O Keefe Elevator Company, Inc. Maintenance Agreement Rd O Reilly Auto Parts Shop Supplies Rd Penner s Tire & Auto, Inc. Tire Repair Gen, Rd Perennial Public Power Electricity Rd Petroleum Equipment Company Fuel Gen Polk County Sheriff Court Costs Gen Jennifer Potter Mileage Gen Sharilyn Ramsey Meals Rd Rasmussen Auto Parts Repair Parts Gen Rasmussen Mechanical Services, Inc. Building Maintenance 1, Gen Redfield & Company, Inc. Office Supplies State Inst Region V Systems EPC Billing Aging David Rockenbach Senior Citizen Program Rd Rockmount Research & Alloys, Inc. Repair Parts Rd Sahling Kenworth Inc. Repair Parts Gen Don Sandman Mileage Gen State of Ne Das Central Finance Data Proc Equipment Gen Bruce Stephens Attorney Fees 1, Gen Svehla Law Offices Attorney Fees Gen Thibault, Suhr & Thibault, Inc. Court Costs Gen Nancy Waldron Mileage Rd Weldon Parts GI Repair Parts Rd York Ace Hardware Repair Parts Aging York County Ag Society Building Rental Gen York County Court Court Costs Gen York County Sheriff Court Costs Rd York Equipment, Inc. Repair Parts Gen York Printing Company, LLC Office Supplies Gen Zee Medical Services Safety Equipment The Board asked Kelly Turner, Deputy County Clerk to visit with them regarding the employee cost associated with family health insurance coverage when both of the parents are employed by the county. At this time, no cost is assumed by either employee. It was felt that they should assume part of the cost. Moved by Bamesberger, seconded by Buller to have the Deputy Clerk draft a letter for the Chairman to sign which advises that they are no longer eligible to receive free family coverage and that no other county employees can in the future; roll call: yeas, Bamesberger, Buller and Bulgrin; nays, Bredenkamp; Shellington absent; motion carried. A Disaster Declaration was drawn up by Gary Peterson, York County Emergency Manager and signed by Kurt Bulgrin, Chairman of the Board for loss of property associated with the June 20 th tornado. DISASTER DECLARATION York County has suffered from a tornado that occurred on 20th day of June, 2011 at 5:30 o clock p.m. causing severe damage to public and private property, disruption of utility service, and endangerment of health and safety of the citizens of York County within the disaster area. Therefore, the Chair of the York County Board of Commissioners has declared a state of emergency authorized under Nebraska State Statute R.R.S on behalf of York County and will execute for and on behalf of York County, the expenditure of emergency funds from all available sources, the invoking of mutual aid agreements, and the applying to the State of Nebraska for assistance from the Governor s Emergency Fund and any other resources he/she deems necessary in the fulfillment of his/her duties. Dated this June 22, Moved by Buller, seconded by Bredenkamp to reaffirm the issuance of the Disaster Declaration signed on June 22, 2011; roll call: yeas, Buller, Bredenkamp, Bamesberger and Bulgrin; nays, none; Shellington absent; motion carried. June Pederson, Director of Aging Partners and Denise Boyd, Co Program Manager gave a brief update of their program along with a budget request of $23, for FY Also, she requested the reappointment of Jim Stansberry as representative on the Areawide Advisory Council. Moved by Buller, seconded by Bredenkamp to adopt Resolution #11-34 reappointing James Stansberry to the aging Partners Areawide Advisory Council; roll call: yeas, Buller, Bredenkamp, Bamesberger and Bulgrin; nays, none; Shellington absent; motion carried. RESOLUTION #11-34 WHEREAS, the York County Aging Partners Areawide Advisory Council has requested the appointment/reappointment of members to it s board; and WHEREAS, current board member, Jim Stansberry has agreed to be reappointed for an additional three year term; NOW, THEREFORE BE IT RESOLVED that as of July 1, 2011, Jim Stansberry is hereby reappointment to another three (3) year term which will expire June 30, 2014.

5 Dated this 28 th day of June, Treasurer Scavo requested the release and approval of securities. Moved by Bredenkamp, seconded by Bamesberger to adopt Resolution #11-35 releasing pledged securities with Midwest Bank CUSIP #726693FP4 for $145,000 and CUSIP #726693FN9 for $145,000.; roll call: yeas, Bredenkamp, Bamesberger, Buller and Bulgrin; nays, none; Shellington absent; motion carried. RESOLUTION #11-35 WHEREAS, Midwest Bank, N.A. was heretofore designated as a depository for County Funds and to secure the same from time to time, has heretofore deposited with escrow, certain securities, which have from time to time with the approval of the County Board been submitted for other securities; and WHEREAS, at this time there are on deposit with said Midwest Independent Bank in escrow, to secure the County deposits in said Midwest Bank, N.A. the following security: Midwest Independent Bank, Plainview NEB Maturity Date: 2/15/2021 CUSIP: #726693FP4 Pledged amount: $145, Midwest Independent Bank Plainview NEB Maturity Date: 2/15/2020 CUSIP: #726693FN9 Pledged amount: $145, BE IT THEREFORE RESOLVED that the depository receipts heretofore filed with the County Clerk covering the above described securities, be and hereby are cancelled and discharged, and the County of York hereby releases the said Midwest Independent Bank, Escrow Agent from all liability by reason of the surrender of the said bonds and hereby authorizes and empowers the County Treasurer to surrender the Depository Receipts covering said securities to Midwest Bank, N.A.. DATED this 28th day of June, 2011 Moved by Bamesberger, seconded by Buller to adopt Resolution #11-36 approving a pledged security with Cornerstone Bank in the amount of $1,250,000. CUSIP #313372CP7; roll call: yeas, Bamesberger, Buller, Bredenkamp and Bulgrin; nays, none; Shellington absent; motion carried. RESOLUTION #11-36 WHEREAS, Cornerstone Bank was heretofore designated as a depository for county funds and to secure the same from time to time, has heretofore deposited securities with U.S. Bank N.A.; BE IT THEREFORE RESOLVED, that the deposit of securities heretofore made to secure the County deposits with said Cornerstone Bank be and the same are hereby approved and that the Depository Receipts herewith filed with the County Clerk covering the following described securities be approved: Federal Home Loan Bank 1/13/21 Bonds Maturity Date: 1/13/2021 CUSIP# CP7 Pledged amount: $1,250, DATED this 28th day of June, A letter was received from the Chairman of the Veterans Service Committee requesting the appointment of Doug Dey to replace Fred Branz whose term ended on June 30, Moved by Bamesberger, seconded by Bredenkamp to adopt Resolution #11-36 appointing Doug Dey to serve on the Veterans Service Committee for a period of five (5) years from July 1, 2011to June 30, 2016; roll call: yeas, Bamesberger, Bredenkamp, Buller and Bulgrin; nays, none; Shellington absent; motion carried. RESOLUTION #11-37 WHEREAS, the York County Veterans Service Committee has advised that Fred Branz s term on the Committee expired on June 30, 2011 and that he did not wish to be reappointed; and WHEREAS, Doug Dey has agreed to be appointed for a five year term; NOW, THEREFORE BE IT RESOLVED that as of July 1, 2011, Doug Dey is hereby appointed to serve a five (5) year term commencing on July 1, 2011 and continuing until June 30, 2016; Dated this 28 th day of June, 2011.

6 A Title VI plan between York County and the State of Nebraska must be in place when applying for federal funding for road projects. Commissioner Bulgrin advised that he would be willing to be the coordinator for it. Moved by Bamesberger, seconded by Buller to adopt Resolution #11-38 approving the Title VI Agreement between York County and the State of Nebraska and the Chairman of the York County Board of Commissioners be designated as the coordinator; roll call: yeas, Bamesberger, Buller, Bredenkamp and Bulgrin; nays, none; motion carried. Resolution #11-38 TITLE VI CIVIL RIGHTS YORK COUNTY, NEBRASKA Whereas: Certain transportation facilities (roads, streets, trails, and others) in York County, Nebraska have been designated as being eligible for federal funds by the Federal Highway Administration in compliance with federal laws pertaining thereto; Whereas: The York County Board of Commissioners as represented by the Chairman of the Board desires to continue to participate in Federal-Aid transportation construction programs; Whereas: The Nebraska Department of Roads as a recipient of said Federal funds is charged with oversight of the expenditures of said funds; Whereas: York County, Nebraska as represented by the Chairman of the Board of Commissioners as a sub-recipient of said Federal-Aid funding is charged with the responsibility of expending said funds in accordance with Federal and State law, the rules and regulations of the Federal Highway Administration, the requirements of the Local Public Agency (LPA) Guidelines Manual of the Nebraska Department of Roads and the Title VI Civil Rights Policy of York County, Nebraska; and Whereas: York County, Nebraska as represented by the Chairman of the Board of Commissioners understands that the failure to meet all requirements for federal funding could lead to project(s) being declared ineligible for federal funds, which could result in The County of York, Nebraska, being required to repay some or all of the federal funds expended for a project(s). Be It Resolved: That York County, through the Chairman of the Board of Commissioners does hereby adopt and bind itself to comply with all applicable federal law, including the rules and regulations of the Federal Highway Administration, all applicable state law and rules and regulations (Nebraska Administrative Code) and the requirements of the LPA Guidelines Manual of the Nebraska Department of Roads and the Title VI Civil Rights of York County, Nebraska. Be It Further Resolved: The County of York, Nebraska, does hereby designate the following as responsible for the management of the Title VI Civil Rights process: The Chairman of the York County Board of Commissioners. Adopted this 28th day of June, 2011at York County, Nebraska. Jim Klute spoke with the Board regarding the Keystone Pipeline project and the benefits it would have for York County. The Board revisited the issue of health insurance for county employees when both are employed by the County. It was felt that each should have the benefit of single party coverage which amounts to $ They would pay the difference between single premium x 2 persons vs. the cost of family coverage. Moved by Bamesberger, seconded by Buller to rescind their previous motion; roll call: yeas, Bamesberger, Buller, Bredenkamp and Bulgrin; nays, none; Shellington absent; motion carried. Moved by Buller, seconded by Bamesberger to change the health insurance cost for employees electing family coverage when both work for the County (give them credit for each employee in the amount of the cost of single coverage $638.67) but that the remainder of their family coverage must be paid by them; roll call: yeas, Buller, Bamesberger, Bredenkamp and Bulgrin; nays, none; Shellington absent; motion carried. Committee reports were given. The Board recessed at 11:50 a.m. to go into the Board of Equalization. The Board reconvened at 2:00 p.m. Bud Anderson and Tracy Calhoun of Keystone Pipeline updated the Board on the pipeline project and requested that the Board enter into a Haul Route Agreement with them. This will govern Keystone s construction of its proposed pipeline to the extent Keystone s hauling operations causes accelerated deterioration of County Roads. The Board met with those present and allowed public input. Those that spoke with the Board were: Roger Kaiser, Ben Gotschall, Jane Kleeb, Raymond Luebbe and Susan Dunavan. Notices will be sent out to each landowner. Moved by Buller, seconded by Bamesberger to table the matter until the next Board meeting to allow time to review the Haul Agreement; roll call: yeas, Buller, Bamesberger, Bredenkamp and Bulgrin; nays, none; motion carried. The Chairman declared the meeting adjourned at 3:20 p.m. The next meeting will be held July 12, 2011 at 9:35 a.m. with Elected Officials/Department Heads; 9:20 a.m. with the General Assistance Administrator and 9:35 a.m. in the County Commissioners Room, lower level of the Courthouse for the regularly scheduled meeting.

7 Kurt Bulgrin, Chairman York County Board of Commissioners Cynthia D. Heine, County Clerk York, Nebraska