COUNTY BOARD OF SUPERVISORS PROCEEDINGS

Courthouse, Clay Center, Nebraska, August 19, 2008 at 9:30 A.M.

The Clay County Board of Supervisors met August 19, 2008 as per public notice given in the Clay County News on August 14, 2008 a copy of the proof of publication being on file in the County Clerk’s Office. The notice was also posted on the County’s website and the courthouse bulletin board as well as the Clerk’s office. Availability of the agenda was communicated in the advance notice of the meeting and on the county website. Gene Arnold, Chairman, presided with roll call showing the following present: Nuss, Fintel, Anderson, Schmidt, Johnson, Gass and Arnold. Minutes of the meeting held August 12, 2008 were mailed to the board members. All of the proceedings hereafter shown were taken while the convened meeting was open to the attendance of the public.

Chairman, Gene Arnold stated that the open meeting law poster is posted on the west wall in the back of the room.

Motion by Gass and seconded by Johnson to approve the minutes of the meeting held August 12, 2008. On roll call, yea: Fintel, Anderson, Schmidt, Johnson, Gass, Nuss and Arnold. Motion carried.

Thomas Roemmich II, Highway Superintendent, discussed bridge and culvert projects, crack sealing and mowing progress.

At 9:45 A.M. the tabled bids for the low boy trailer were discussed. Also present at this time was Justin Pape, representing Murphy Tractor. Bids were as follows:

Murphy Tractor 2008 Trail King $69936.00

Trade Price Hyster lowboy $ 8000.00

Price w/trade $61936.00

Lease option: $1975.93 for 12 months – 5% -- buyout $41,300.00

NMC XL Specialized Trailer $66700.00

Trade Price Hyster lowboy No Bid

Lease option: $2000.00 for 12 months – 6.25% -- buyout $42,700.00

Motion by Gass and seconded by Anderson to accept the bid from Murphy Tractor for a 2008 Trail King TK 110HDG in the amount of $1975.93 for 12 months with a buyout at the end of the lease period of $41,300.00. On roll call, yea: Anderson, Schmidt, Johnson, Gass, Nuss, Fintel and Arnold. Motion carried.

At 10:00 A.M. the bids for microsurfacing were opened. Bids were as follows:

Sta-Bilt Construction Co. $48,800.00 per mile Total Bid: $590,480.00

Monarch Oil $61,972.07 per mile Total Bid: $749,862.00

Motion by Gass and seconded by Fintel to table all the bids for microsurfacing until August 26, 2008. On roll call, yea: Schmidt, Johnson, Gass, Nuss, Fintel, Anderson and Arnold. Motion carried.

Bob Rose, Emergency Manager, presented the emergency manager report. Bob also discussed the Edgar/Ong rural fire merger, repeaters being installed in police vehicles, interlocal agreements and mitigation progress.

Because of time shortage, the report on the NIRMA self defense seminar will be given at another time.

Jeff Franklin, County Sheriff, discussed office matters. Public information requests and animal control duties were discussed while the county attorney was present.

Ted Griess, County Attorney, answered questions from the board and discussed public information requests and the responsibility of animal control authority.

Because of incorrect information given on July 15, 2008, a new motion to proceed with tax foreclosures is needed. Motion by Fintel and seconded by Nuss to instruct the Clay County Attorney to start foreclosure proceedings on tax year 2005. On roll call, yea: Johnson, Gass, Nuss, Fintel, Anderson, Schmidt and Arnold. Motion carried.

Motion by Anderson and seconded by Gass to amend the agenda to remove the Steenbarger valuation protest from the board of supervisors agenda and add to the board of equalizations agenda. On roll call, yea: Gass, Nuss, Fintel, Anderson, Schmidt, Johnson and Arnold. Motion carried.

Motion by Nuss and seconded by Fintel to recess this meeting until 1:00 P.M. in order to enter into session as the board of equalization. On roll call, yea: Nuss, Fintel, Anderson, Schmidt, Johnson, Gass and Arnold. Motion carried. (See separate minutes.)

The lodging tax board was discussed. That board has not organized yet but there is need to replace one member.

Motion by Gass and seconded by Fintel to appoint Jerry Crosser to replace Kevin Fushnell on the lodging tax board. On roll call, yea: Fintel, Anderson, Schmidt, Johnson, Gass, Nuss and Arnold. Motion carried.

Employee wages were discussed. Also present for part of the discussion, were Linda Whiting and Janice Stratman.

Motion by Nuss and seconded by Johnson effective September 1, 2008 to give a 45 cent an hour raise to full time and regular part time employees; with the exception of the Emergency Manager and the Highway Superintendent, whose wages will be negotiated on a calendar year basis. On roll call, yea: Anderson, Schmidt, Johnson, Gass, Nuss, Fintel and Arnold. Motion carried.

Jan Stratman, County Treasurer, presented an itemized report covering the amount of uncollected personal taxes as shown by distress warrants returned by the sheriff unsatisfied. As per statute 77-1738, the county treasurer requested certain personal taxes be stricken from the record. The board asked the Treasurer to delay action until more information can be obtained; Treasurer agreed.

Motion by Gass and seconded by Schmidt to advertise a public hearing for the application of a retail Class C Liquor License from Hunt Bunker Hill LLC DBA Bunker Hill. Hearing to be held on Sept. 9, 2008 at 10:15 A.M. in the supervisors boardroom in the Clay County Courthouse. On roll call, yea: Schmidt, Johnson, Gass, Nuss, Fintel, Anderson and Arnold. Motion carried.

Jenny Rees, Ag Extension Educator Clay County Extension, explained to the board that there has been a vacancy for some time and they have been having trouble filling that vacancy by the district. The new by laws and interlocal agreement makes it possible to appoint at large.

Motion by Fintel and seconded by Nuss to appoint Dawn Caldwell to the Clay County Extension Board for a three year term beginning immediately and expiring in January of 2011. On roll call, yea: Johnson, Gass, Nuss, Fintel, Anderson, Schmidt and Arnold. Motion carried.

A continuation of the discussion on wages concerning the hourly rate for part time help was held.

Motion by Gass and seconded by Schmidt to stay with the Federal minimum wage guidelines for hourly wages, not to exceed $10.00 per hour without board approval. On roll call, yea: Gass, Nuss, Fintel, Anderson, Schmidt, Johnson and Arnold. Motion carried.

Motion by Fintel and seconded by Nuss to adjourn this meeting at 2:20 P.M.; next meeting scheduled for August 26, 2008. On roll call, yea: Nuss, Fintel, Anderson, Schmidt, Johnson, Gass and Arnold. Motion carried.

Deborah Karnatz, Clay County Clerk Gene Arnold, Chairman

COUNTY BOARD OF EQUALIZATION PROCEEDINGS

Courthouse, Clay Center, Nebraska, August 19, 2008 at 11:45 A.M.

The Clay County Board of Supervisors acting as the Board of Equalization met August 19, 2008 as per public notice given in the Clay County News, August 14, 2008, a copy of the proof of publication being on file in the County Clerk’s Office. Availability of the agenda was communicated in the advance notice of the meeting. Gene Arnold, Chairman presided with roll call showing the following present: Nuss, Fintel, Anderson, Schmidt, Johnson, Gass and Arnold. All of the proceedings hereafter shown were taken while the convened meeting was open to the attendance of the public.

Linda Whiting, County Assessor, was also present.

It was noted by Chairman, Arnold that the open meeting law poster is posted on the west wall.

Motion by Anderson and seconded by Gass to approve the minutes of the meeting held July 22, 2008 as mailed. On roll call, yea: Fintel, Anderson, Schmidt, Johnson, Gass, Nuss and Arnold. Motion carried.

Tax list corrections were discussed. Motion by Johnson and seconded by Nuss to approve tax list corrections numbered 640, 641 and 642 as recommended by the County Assessor. On roll call, yea: Anderson, Schmidt, Johnson, Gass, Nuss, Fintel and Arnold. Motion carried.

A motion was made while in session as the board of supervisors to switch an agenda item from the board of supervisors agenda to the board of equalization agenda. (motion made in board of supervisors meeting: Motion by Anderson and seconded by Gass to amend the agenda to remove the Steenbarger valuation protest from the board of supervisors agenda and add to the board of equalizations agenda. On roll call, yea: Gass, Nuss, Fintel, Anderson, Schmidt, Johnson and Arnold. Motion carried.)

It was brought to the board’s attention that regarding protest #08 that the action taken, agreeing with the assessor’s valuation, was not correct. The board’s action was to give additional depreciation as was reflected in the change of valuation. The amount on the valuation notification given to the protestor was correct, the board’s comment section was the incorrect part.

Motion by Fintel and seconded by Johnson to adjourn at 12:04 P.M.; next meeting scheduled for September 16, 2008 at 11:45 A.M. On roll call, yea: Schmidt, Johnson, Gass, Nuss, Fintel, Anderson and Arnold. Motion carried.

Deb Karnatz, County Clerk Gene Arnold, Chairman