Board Minutes

Board Minutes

Nebraska statutes allow the NRD ten days following Board meetings to make minutes available to the public. Minutes will be posted below as-soon-as possible after being made available at the NRD office. Minutes not listed here are available at the NRD office.

SPECIAL BOARD OF DIRECTORS' MEETING
January 26, 2010

The Board of Directors of the Lower Platte South Natural Resources District met on Tuesday, January 26, 2010 at 7:45 a.m., at the Embassy Suites Hotel, Alumni Suite, 1040 “P” Street, Lincoln, Nebraska. Directors present were Amen, Andersen, Babcock, Barger, Bolte, Case, Hall, Hammer, Hergenrader, Landis, Larrick, Osborn, Petersen, Potter, Reitan, Samuelson, Swanson and Zimmerman. Case called the meeting to order at 7:46 a.m.

ITEM 1. ROLL CALL OF DIRECTORS.

Seventeen Directors were present upon roll call. Landis arrived after roll call.

ITEM 2. REPORT OF THE EXECUTIVE SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS

It was moved by Case and seconded by Zimmerman to approve the Executive Subcommittee recommendations of positions relating to additional legislation introduced.

It was moved by Andersen and seconded by Babcock to divide the question and consider separately LB1011 and LB1019. The motion was approved.

AYE: Amen, Andersen, Babcock, Hall, Hammer, Hergenrader, Landis, Osborn, Petersen, Reitan, Swanson and Zimmerman

NAY: Case, Larrick, Potter and Samuelson

NOT PRESENT: Barger, Bolte, Jacobson, Nielsen and Svoboda

The motion to approve the Executive Subcommittee’s recommendations of positions relating to additional legislation introduced excluding LB1011 and LB1019 was approved.

AYE: Amen, Andersen, Babcock, Bolte, Hall, Hammer, Hergenrader, Landis, Osborn, Petersen, Potter, Reitan, Samuelson, Swanson and Zimmerman

NAY: Case and Larrick

NOT PRESENT: Barger, Jacobson, Nielsen and Svoboda

The motion to approve the Executive Subcommittee’s recommendation of positions for LB1011 and LB1019 was approved.

AYE: Amen, Bolte, Case, Hammer, Hergenrader, Landis, Larrick, Petersen, Potter, Reitan, Samuelson and Zimmerman

NAY: Andersen, Babcock, Hall, Osborn and Swanson

NOT PRESENT: Barger, Jacobson, Nielsen and Svoboda

There being no other business, the meeting was adjourned at 8:45 a.m.

The undersigned, the duly elected and acting Secretary of the Lower Platte South Natural Resources District (the "District"), hereby certifies that the foregoing is a true and correct copy of the minutes of the meeting of the Special Board of Directors of the District held on January 26, 2010, that all of the matters and subjects discussed at the meeting were contained in the agenda for the meeting, kept continually current and readily available for public inspection at the principal office of the District during normal business hours, and except for items of an emergency nature, the agenda was not altered later than twenty-four (24) hours before the scheduled commencement of the meeting; that at least one copy of all reproducible material discussed at the meeting was available at the meeting for examination and copying by members of the public; that the above minutes were in written form and available for public inspection within ten working days or prior to the next convened meeting, whichever occurred earlier; and, that reasonable efforts were made to provide all news media requesting notification of the meeting and of the time and place of said meeting and the subjects to be discussed at said meeting.

_________________________________ William R. Barger, Secretary

/dr

BOARD OF DIRECTORS' MEETING
January 20, 2010

The Board of Directors of the Lower Platte South Natural Resources District met on Wednesday, January 20, 2010 at 2:00 p.m., at the Lower Platte South NRD office, 3125 Portia, Lincoln, Nebraska. Directors present were Amen, Andersen, Babcock, Bolte, Case, Hall, Hergenrader, Jacobson, Landis, Larrick, Nielsen, Osborn, Petersen, Potter, Reitan, Samuelson, Swanson and Zimmerman. Case called the meeting to order at 2:00 p.m.

ITEM 1. ROLL CALL OF DIRECTORS.

Eighteen Directors were present upon roll call.

ITEM 2. PUBLICATION OF LEGAL NOTICE OF MEETING.

Case reported that the legal notice for the Directors' Meeting was published in the Lincoln Journal Star on January 7, 2010.

ITEM 3. ANNOUNCE PUBLIC MEETINGS LAW POSTER AND PROHIBITION OF CONCEALED WEAPONS

Case noted that the public meetings law was posted on the wall in the conference room and that carrying concealed weapons was prohibited on district property and signs are posted at the entrance to the building. He requested all cell phones be put on silent mode.

ITEM 4. CONSIDERATION OF DIRECTORS’ ABSENCES.

Case stated that requests for excused absences were received from Russell Barger, Elaine Hammer and Ron Svoboda for the January 20, 2010 Board of Directors meeting.

It was moved by Zimmerman and seconded by Swanson to approve the requests for excused absences from Russell Barger, Elaine Hammer and Ron Svoboda for the January 20, 2010 Board of Directors meeting. The motion was approved.

AYE: Amen, Andersen, Babcock, Bolte, Case, Hall, Hergenrader, Jacobson, Landis, Larrick, Nielsen, Osborn, Petersen, Potter, Reitan, Samuelson, Swanson and Zimmerman
NAY: None
NOT PRESENT: Barger, Hammer and Svoboda

ITEM 5. ADOPT TENTATIVE AGENDA.

It was moved by Zimmerman and seconded by Osborn approve the Tentative Agenda. The motion was approved.

ITEM 6. PUBLIC COMMENTS ON NON-AGENDA ITEMS.

No one addressed the Board on non-agenda items.

ITEM 7. APPROVE MINUTES OF DECEMBER 16, 2009 BOARD OF DIRECTORS MEETING.

It was moved by Potter and seconded by Hergenrader to approve the minutes of the December 16, 2009 Board of Directors meeting. The motion was approved.

AYE: Amen, Andersen, Babcock, Bolte, Case, Hall, Hergenrader, Jacobson, Landis, Larrick, Nielsen, Osborn, Petersen, Potter, Reitan, Samuelson, Swanson and Zimmerman
ABSTAIN: Andersen
NAY: None
NOT PRESENT: Barger, Hammer and Svoboda

ITEM 8. FINANCIAL REPORT JULY 1, 2009 THROUGH DECEMBER 31, 2009 AND CONSIDERATION OF PUBLICATION OF EXPENDITURES FOR DECEMBER 2009.

Babcock indicated that the reports for the periods July 1, 2009 through December 31, 2009 had been distributed.

It was moved by Babcock and seconded by Amen to approve the financial reports for the period July 1, 2009 through December 31, 2009 and to publish the expenditures for December 2009. The motion was approved.

ITEM 9. REPORT OF THE RECREATION, FORESTRY AND WILDLIFE SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS.

Hergenrader reported that the Recreation, Forestry and Wildlife Subcommittee met on Thursday, January 14, 2010.

She indicated that there would be no action taken on the Interlocal Agreement with Cass County for MoPac Trail – Lied River Bridge Connection. She stated that Jennifer Thompson of Schemmer Associates attended the subcommittee meeting and presented a cursory review of the potential trail corridor. She also reported on a meeting of Ron Case and herself with Ron Nolte, Cass County Commissioner.

Hergenrader moved the Recreation, Forestry and Wildlife Subcommittee’s recommendation that the Board of Directors accept the University of Nebraska Foundation’s Amendment to modify the Walter T Bagley and Virginia A. Bagley Conservation Easement. The motion was approved.

Hergenrader moved the Recreation, Forestry and Wildlife Subcommittee’s recommendation that the Board of Directors adopt the resolution to acquire the Allen saline wetland property. The motion was approved.

AYE:    Amen, Andersen, Babcock, Bolte, Case, Hall, Hergenrader, Jacobson, Landis, Larrick, Nielsen, Osborn, Petersen, Potter, Reitan, Samuelson, Swanson and Zimmerman
NAY:    None
NOT PRESENT:            Barger, Hammer and Svoboda

Hergenrader moved the Recreation, Forestry and Wildlife Subcommittee’s recommendation that the Board of Directors approve the Meadowlark Wildlife Extension Agreement with the Nebraska Game and Parks Commission with the appropriate changes and direct staff to explore other funding opportunities, subject to legal counsel review. The motion was approved.

AYE:    Amen, Andersen, Babcock, Bolte, Case, Hall, Hergenrader, Jacobson, Landis, Larrick, Nielsen, Osborn, Petersen, Potter, Reitan, Samuelson, Swanson and Zimmerman
NAY:    None
NOT PRESENT:            Barger, Hammer and Svoboda

Hergenrader stated that there would be no action needed on the request from Nebraska Horse Trails Committee agenda item.

ITEM 10. REPORT OF THE PLATTE RIVER SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS

Babcock reported that the Platte River Subcommittee did not meet prior to the board meeting.

It was moved by Landis and seconded by Petersen that the Board of Directors enter into the Memorandum of Agreement with the Lower Platte North NRD, Papio-Missouri River NRD and the Clear Creek Drainage District to specify further operation, maintenance and modification elements for the Upper Clear Creek Levee segment, subject to review and approval of the final document by legal counsel. The motion was approved.

ITEM 11. REPORT OF THE URBAN SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS.

Larrick stated that the Urban Subcommittee met prior to the board meeting. He stated that two proposals were received for the Stevens Creek Box Culvert project.

K2 Construction	$171,289.46
Dobson Brothers Construction	$179,874.50

Larrick moved the Urban Subcommittee’s recommendation that the Board of Directors accept the low bid for the Stevens Creek Box Culvert Project and award the contract to K2 Construction in the amount of $171,289.46. The motion was approved.

ITEM 12 REPORT OF THE LAND RESOURCES SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS

Samuelson stated that the Land Resources Subcommittee met on Wednesday, January 13, 2010.

Samuelson moved the Land Resources Subcommittee’s recommendation that the Board of Directors enter into a Section 319 Grant Agreement with the Nebraska Department of Environmental Quality for approximately 60% NDEQ / 40% NRD cost-share assistance to hire a “NDEQ Trained” Conestoga Lake Watershed Coordinator to study the Conestoga Lake Watershed in preparation for future water quality projects, subject to Executive Subcommittee and Board approval of the staff position and legal counsel review of the agreement. The motion was approved.

AYE: Amen, Andersen, Babcock, Bolte, Case, Hall, Hergenrader, Jacobson, Landis, Larrick, Osborn, Petersen, Potter, Reitan, Samuelson, Swanson and Zimmerman
ABSTAIN: Nielsen
NAY: None
NOT PRESENT: Barger, Hammer and Svoboda

Samuelson moved the Land Resources Subcommittee’s recommendation that the Board of Directors approve the Agreement between the Omaha-Council Bluffs Metropolitan Area Planning Agency, Lancaster County, City of Lincoln and the Lower Platte South NRD obligating $31,000 in LPSNRD funds to obtain digital map products for Lancaster County, subject to legal counsel review. The motion was approved.

ITEM 13. REPORT OF THE EXECUTIVE SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS

Case stated that the Executive Subcommittee met on Tuesday, January 19, 2010.

Case moved the Executive Subcommittee’s recommendation that the Board of Directors approve the creation of an NRD staff position of Conestoga Watershed Coordinator. The motion was approved.

Case moved the Executive Subcommittee’s recommendation that the Board of Directors approve the positions on 2010 Legislative Bills as shown on the distributed spreadsheet.

Director Babcock, as mover of the motion at the subcommittee meeting, withdrew the motion and Samuelson withdrew the second.

It was moved by Babcock and seconded Zimmerman to approve the recommended positions on 2010 Legislative Bills as shown on the distributed spreadsheet and authorize the Executive Subcommittee to determine and take action on additional introduced legislation.

It was moved by Babcock and seconded by Zimmerman to amend the motion to remove authorizing the Executive Subcommittee’s to determine and take action on additional introduced bills The motion was approved.

AYE: Amen, Andersen, Babcock, Bolte, Case, Hall, Hergenrader, Jacobson, Landis, Larrick, Nielsen, Osborn, Potter, Reitan, Samuelson, Swanson and Zimmerman
NAY: None
NOT PRESENT: Barger, Hammer, Petersen and Svoboda

The amended motion to approve the recommended positions on 2010 Legislative Bills as shown on the distributed spreadsheet was approved.

Chair Case announced that a Special Board Meeting would be held on Tuesday, January 26, 2010 at 7:45 a.m. at the Embassy Suites to take action on additional introduced legislative bills.

ITEM 14. REPORT OF THE WATER RESOURCES SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS

Jacobson stated that the Water Resources Subcommittee met on Wednesday, January 13, 2010.

Jacobson moved the Water Resources Subcommittee’s recommendation that the Board of Directors approve the attached Resolution designating the Otoe County RWD #3/Weeping Water Combined CWSPA as a Phase III Ground Water Quality Management Area. The motion was approved.

AYE:    Amen, Andersen, Babcock, Bolte, Case, Hall, Hergenrader, Jacobson, Landis, Larrick, Nielsen, Osborn, Petersen, Potter, Reitan, Samuelson, Swanson and Zimmerman
NAY:    None
NOT PRESENT:            Barger, Hammer and Svoboda

Jacobson moved the Water Resources Subcommittee’s recommendation that the Board of Directors approve the following revised payment rates for Ground Water Best Management Practice Programs: Fertilizer Meter Program (District-wide) - $2,500 maximum/meter; Fertilizer Meter Program (Targeted / Lower Salt Creek) - $3,600 maximum/meter; Water Meter Program - $975 maximum/meter; and SNAP - $6/acre custom application rate & a liquid nitrogen limit of $0.16 per pound. The motion was approved.

ITEM 15. 2009 REVIEW / 2010 OUTLOOK

General Manager Johnson stated that a 2009 Review / 2010 Outlook had been distributed to Directors.
ITEM 16. REPORT OF NOMINATIONS COMMITTEE AND ELECTION OF 2010 OFFICERS AND NARD REPRESENTATION

Hergenrader reported that the Nominating Subcommittee was submitting the following slate of nominees for NRD officers and NARD Representative and Alternate for 2010

Chair David Potter

Vice-Chair Doug Samuelson

Treasurer Greg Osborn

Secretary Russell Barger

NARD Representative Ron Case

NARD Alternate Bob Andersen

General Counsel Steve Seglin conducted the election for the office of Chair. The subcommittee nomination of Potter for Chair was placed on the floor. It was moved and seconded that nominations cease. Potter was elected Chair on a secret ballot receiving 18 votes.

Case conducted the election for the office of Vice-Chair. The subcommittee nomination of Samuelson for Vice-Chair was placed on the floor. It was moved and seconded that nominations cease. Samuelson was elected Vice-Chair on a secret ballot receiving 17 votes with 1 not voting.

Potter conducted the election for the office of Treasurer. The subcommittee nomination of Osborn for Treasurer was placed on the floor. It was moved and seconded that nominations cease. Osborn was elected Treasurer on a secret ballot receiving 18 votes.

Potter conducted the election for the office of Secretary. The subcommittee nomination of Barger for Secretary was placed on the floor. It was moved and seconded that nominations cease. Barger was elected Secretary on a secret ballot receiving 18 votes.

Potter conducted the election for the office of NARD Representative. The subcommittee nomination of Case for NARD Representative was placed on the floor. It was moved and seconded that nominations cease. Case was elected NARD Representative on a secret ballot receiving.

Potter conducted the election for the office of NARD Alternate. The subcommittee nomination of Andersen for NARD Alternate was placed on the floor. It was moved and seconded that nominations cease. Andersen was elected NARD Alternate on a secret ballot receiving 17 votes with 1 not voting.

ITEM 17. BANK RESOLUTION AUTHORIZING TREASURER AND DESIGNEE TO SIGN FINANCIAL DOCUMENTS.

It was moved by Case and seconded by Hergenrader to authorize Greg Osborn, as Treasurer, and Bob Andersen, as his designee, to sign financial documents, and to approve the Bank Resolutions. The motion was approved.

AYE:    Amen, Babcock, Bolte, Case, Hall, Hergenrader, Jacobson, Landis, Larrick, Nielsen, Petersen, Potter, Reitan, Samuelson, Swanson and Zimmerman
ABSTAIN: Andersen and Osborn
NAY:    None
NOT PRESENT:    Barger, Hammer and Svoboda

ITEM 18. PERMIT AND PROGRAM APPROVALS

A report of permit and program approvals was distributed.

ITEM 19. SCHEDULE OF UPCOMING EVENTS AND ACTIVITIES.

A schedule of upcoming events and activities was mailed out.

ITEM 20. FOR INFORMATION ONLY.

Various memos were mailed out.

There being no other business, the meeting was adjourned at 4:07 p.m.

The undersigned, the duly elected and acting Secretary of the Lower Platte South Natural Resources District (the "District"), hereby certifies that the foregoing is a true and correct copy of the minutes of the meeting of the Board of Directors of the District held on January 20, 2010, that all of the matters and subjects discussed at the meeting were contained in the agenda for the meeting, kept continually current and readily available for public inspection at the principal office of the District during normal business hours, and except for items of an emergency nature, the agenda was not altered later than twenty-four (24) hours before the scheduled commencement of the meeting; that at least one copy of all reproducible material discussed at the meeting was available at the meeting for examination and copying by members of the public; that the above minutes were in written form and available for public inspection within ten working days or prior to the next convened meeting, whichever occurred earlier; and, that reasonable efforts were made to provide all news media requesting notification of the meeting and of the time and place of said meeting and the subjects to be discussed at said meeting.

_________________________________ Kathy Spence, Acting Secretary
/dr

BOARD OF DIRECTORS' MEETING

December 16, 2009

The Board of Directors of the Lower Platte South Natural Resources District met on Wednesday, December 16, 2009 at 7:00 p.m., at the Lower Platte South NRD office, 3125 Portia, Lincoln, Nebraska. Directors present were Babcock, Barger, Bolte, Case, Hall, Hammer, Hergenrader, Jacobson, Larrick, Nielsen, Osborn, Petersen, Potter, Reitan, Samuelson, Svoboda, Swanson and Zimmerman. Case called the meeting to order at 2:00 p.m.

ITEM 1. ROLL CALL OF DIRECTORS.

Seventeen Directors were present upon roll call. Potter arrived after roll call.

ITEM 2. PUBLICATION OF LEGAL NOTICE OF MEETING.

Case reported that the legal notice for the Directors' Meeting was published in the Lincoln Journal Star on December 4, 2009.

ITEM 3. ANNOUNCE PUBLIC MEETINGS LAW POSTER AND PROHIBITION OF CONCEALED WEAPONS

ITEM 4. CONSIDERATION OF DIRECTORS’ ABSENCES.

Case stated that requests for excused absences were received from Bob Andersen and David Landis for the December 16, 2009 Board of Directors meeting and from David Nielsen for the October 21, 2009 and November 18, 2009 Board of Directors meetings.

It was moved by Svoboda and seconded by Zimmerman to approve the requests for excused absences from Bob Andersen and David Landis for the December 16, 2009 Board of Directors meeting and from David Nielsen for the October 21, 2009 and November 18, 2009 Board of Directors meetings. The motion was approved.

AYE: Babcock, Barger, Bolte, Case, Hall, Hammer, Hergenrader, Jacobson, Larrick, Osborne, Petersen, Potter, Reitan, Samuelson, Svoboda, Swanson and Zimmerman

ABSTAIN: Nielsen

NAY: None

NOT PRESENT: Andersen and Landis

ITEM 5. ADOPT TENTATIVE AGENDA.

Chair Case indicated that Agenda Item 11(b) would be taken up after Agenda Item 15 as it required going into closed session.

It was moved by Potter and seconded by Babcock approve the Revised Agenda. The motion was approved.

AYE: Babcock, Barger, Bolte, Case, Hall, Hammer, Hergenrader, Jacobson, Larrick, Nielsen, Osborne, Petersen, Potter, Reitan, Samuelson, Svoboda, Swanson and Zimmerman

NAY: None

NOT PRESENT: Andersen and Landis

ITEM 6. PUBLIC COMMENTS ON NON-AGENDA ITEMS.

No one addressed the Board on non-agenda items.

ITEM 7. RECOGNITION OF EMPLOYEE ANNIVERSARIES

General Manager Glenn Johnson recognized Craig Matulka for 5 years of service to the NRD and Ron Jakub, a part-time employee in the Butler County NRCS Office for 20 years of service to the NRD.

ITEM 8. APPROVE MINUTES OF NOVEMBER 18, 2009 BOARD OF DIRECTORS MEETING.

It was moved by Hergenrader and seconded by Osborn to approve the minutes of the November 18, 2009 Board of Directors meeting. The motion was approved.

AYE: Babcock, Barger, Bolte, Case, Hall, Hammer, Hergenrader, Larrick, Osborne, Petersen, Potter, Reitan, Samuelson, Swanson and Zimmerman

ABSTAIN: Jacobson, Nielsen and Svoboda

NAY: None

NOT PRESENT: Andersen and Landis

ITEM 9. FINANCIAL REPORT JULY 1, 2009 THROUGH NOVEMBER 30, 2009 AND CONSIDERATION OF PUBLICATION OF EXPENDITURES FOR NOVEMBER 2009.

Babcock indicated that the reports for the periods July 1, 2009 through November 30, 2009 had been distributed.

It was moved by Zimmerman and seconded by Larrick to approve the financial reports for the period July 1, 2009 through November 30, 2009 and to publish the expenditures for November 2009. The motion was approved.

AYE: Babcock, Barger, Bolte, Case, Hall, Hammer, Hergenrader, Jacobson, Larrick, Nielsen, Osborne, Petersen, Potter, Reitan, Samuelson, Svoboda, Swanson and Zimmerman

NAY: None

NOT PRESENT: Andersen and Landis

ITEM 10. REPORT OF EXECUTIVE SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS

Case indicated that the Executive Subcommittee met on Thursday, December 10, 2009. He stated that the first item was to appoint a replacement to the Board of Directors for the unexpired term of Jason Hayes in Subdistrict 10. He stated that four candidates were interviewed. Those interviewed were Whitney Rae, Laura Tegtmeier, Karen Amen and Paul Morrison.

Case moved the subcommittee’s motion to submit the names of Laura Tegtmeier and Karen Amen to the Board of Directors for consideration of appointment to fill the unexpired term on the Lower Platte South NRD Board of Directors in Subdistrict 10.

Reitan nominated Whitney Rae for consideration.

Nielsen nominated Paul Morrison for consideration

Karen Amen, Laura Tegtmeier and Paul Morrison addressed the Board.

A roll call vote was taken with Amen receiving 8 votes, Morrison with 4 votes, Tegtmeier with 5 votes and Rae with 1 vote.

With no candidate receiving a majority vote a second roll call vote was taken with Amen receiving 8 votes, Morrison with 4 votes, Tegtmeier with 6 votes and Rae with 0 votes.

With no candidate receiving a majority vote a third roll call vote was taken with Amen receiving 8 votes, Morrison with 4 votes, Tegtmeier with 6 votes and Rae with 0 votes.

With no candidate receiving a majority vote a fourth roll call vote was taken with Amen receiving 8 votes, Morrison with 4 votes, Tegtmeier with 6 votes and Rae with 0 votes.

It was moved by Samuelson and seconded by Hammer to submit only the two candidates with the most votes, Amen and Tegtmeier, for subsequent votes. The motion was approved.

AYE: Babcock, Barger, Bolte, Case, Hall, Hammer, Hergenrader, Jacobson, Larrick, Nielsen, Osborne, Petersen, Potter, Reitan, Samuelson, Svoboda, Swanson and Zimmerman

NAY: None

NOT PRESENT: Andersen and Landis

A roll call vote was taken with Amen receiving 9 votes, Tegtmeier receiving 8 votes and 1 abstention.

With no candidate receiving a majority vote a second vote was taken with Amen receiving 9 votes, Tegtmeier receiving 8 votes and 1 abstention.

With no candidate receiving a majority vote a third vote was taken with Amen receiving 12 votes, Tegtmeier receiving 5 votes and one abstention.

Case announced that Karen Amen was appointed to fill the vacancy in Subdistrict 10.

Case moved the Executive Subcommittee’s recommendation that the Board of Directors approve the NRCS Agreement of Acknowledgment of Section 1619 compliance. The motion was approved.

AYE: Babcock, Barger, Bolte, Case, Hall, Hammer, Hergenrader, Jacobson, Larrick, Nielsen, Osborne, Petersen, Potter, Reitan, Samuelson, Svoboda, Swanson and Zimmerman

NAY: None

NOT PRESENT: Andersen and Landis

ITEM 11. REPORT OF THE RECREATION, FORESTRY AND WILDLIFE SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS.

Hergenrader reported that the Recreation, Forestry and Wildlife Subcommittee met on Monday, December 14, 2009.

Larrick moved the Recreation, Forestry and Wildlife Subcommittee’s recommendation that the Board of Directors enter into Supplemental Agreement #7 with the Nebraska Department of Roads designating the Resources Conservationist the Responsible Charge and adopt the resolution to complete the Haymarket Ball Park Trail. The motion was approved.

AYE: Babcock, Barger, Bolte, Case, Hall, Hammer, Hergenrader, Jacobson, Larrick, Nielsen, Osborne, Petersen, Potter, Reitan, Samuelson, Svoboda, Swanson and Zimmerman

NAY: None

NOT PRESENT: Andersen and Landis

Hergenrader stated that Item (b) would be taken up after Item 15 during closed session.

Hergenrader gave an update on the MoPac - Lied Platte River Bridge connection.

ITEM 12. REPORT OF THE PLATTE RIVER SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS

Babcock reported that the Platte River Subcommittee met on Monday, December 7, 2009.

Babcock moved the Platte River Subcommittee’s recommendation that the Board of Directors approve the Professional Services Agreement with Olsson Associates for design of Platte River Obstruction Removal at Two Rivers SRA not to exceed $34,906. The motion was approved.

AYE: Babcock, Barger, Bolte, Case, Hall, Hammer, Hergenrader, Jacobson, Larrick, Nielsen, Osborne, Petersen, Potter, Reitan, Samuelson, Svoboda, Swanson and Zimmerman

NAY: None

NOT PRESENT: Andersen and Landis

ITEM 13. REPORT OF THE URBAN SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS.

Samuelson stated that the Urban Subcommittee met on Monday, December 14, 2009. Randy Graham addressed the Board

Samuelson moved the Urban Subcommittee’s recommendation that the Board of Directors approve the Cass County SID#1/Lake Waconda Levee Improvement Project for the Community Assistance Program, approve 50% NRD cost-share assistance obligating an additional $161,437.25 in NRD FY’11 funding and direct NRD staff to draft and enter into an Interlocal Agreement with Cass County SID #1 for the entire project, pending legal counsel review. The motion was approved.

AYE: Babcock, Barger, Bolte, Case, Hall, Hammer, Hergenrader, Jacobson, Larrick, Nielsen, Osborne, Petersen, Potter, Samuelson, Svoboda, Swanson and Zimmerman

NAY: Reitan

NOT PRESENT: Andersen and Landis

Samuelson moved the Urban Subcommittee’s recommendation that the Board of Directors approve a Cooperative Agreement with the Corps of Engineers for Rehabilitation of the Omaha Fish and Wildlife Club, Platte River levee pending legal counsel review and assistance from the Omaha Fish and Wildlife Club. The motion was approved.

AYE: Babcock, Barger, Bolte, Case, Hall, Hammer, Hergenrader, Jacobson, Larrick, Nielsen, Osborne, Petersen, Potter, Reitan, Samuelson, Svoboda, Swanson and Zimmerman

NAY: None

NOT PRESENT: Andersen and Landis

ITEM 14 REPORT OF THE LAND RESOURCES SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS

Samuelson stated that the Land Resources Subcommittee did not meet prior to the Board meeting. He indicated that there was one application for consideration from Robert L. Potter for water and sediment control basins in the amount of $5,099 located in the Salt Valley Lakes “Targeted” area.

It was moved by Samuelson and seconded by Jacobson to approve the cost-share request of Robert L. Potter in the amount of $5,099. The motion was approved.

AYE: Babcock, Barger, Bolte, Case, Hall, Hammer, Hergenrader, Jacobson, Larrick, Nielsen, Osborne, Petersen, Reitan, Samuelson, Svoboda, Swanson and Zimmerman

ABSTAIN: Potter

NAY: None

NOT PRESENT: Andersen and Landis

ITEM 15. REPORT OF THE WATER RESOURCES SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS

Jacobson stated that the Water Resources Subcommittee met on Tuesday, December 15, 2009.

Dick Ehrman gave a presentation on ground water nitrate verification studies performed and Phase requirements of the NRD’s Ground Water Management Plan.

Jacobson moved the Water Resources Subcommittee’s recommendation that the Board of Directors approve the attached Resolution designating the Elmwood CWSPA as a Phase III Ground Water Quality Management Area and allow 2 years of cost-share assistance. The motion was approved.

AYE: Babcock, Barger, Bolte, Case, Hall, Hammer, Hergenrader, Jacobson, Larrick, Osborne, Petersen, Potter, Reitan, Samuelson, Svoboda, Swanson and Zimmerman

NAY: None

NOT PRESENT: Andersen, Landis and Nielsen

Jacobson moved the Water Resources Subcommittee’s recommendation that the Board of Directors approve deferring any action on the Otoe County RWD #3 and Weeping Water CWSPA until the additional modeling information can be obtain to assist in determining the appropriate Phase determination. The motion was approved.

AYE: Babcock, Barger, Bolte, Case, Hall, Hammer, Hergenrader, Jacobson, Larrick, Osborne, Petersen, Potter, Reitan, Samuelson, Svoboda, Swanson and Zimmerman

NAY: None

NOT PRESENT: Andersen, Landis and Nielsen

Jacobson moved the Water Resources Subcommittee’s recommendation that the Board of Directors approve the attached Resolution designating the Davey CWSPA as a Phase II Ground Water Quality Management Area. The motion was approved.

AYE: Babcock, Barger, Bolte, Case, Hall, Hammer, Hergenrader, Jacobson, Larrick, Osborne, Petersen, Potter, Reitan, Samuelson, Svoboda, Swanson and Zimmerman

NAY: None

NOT PRESENT: Andersen, Landis and Nielsen

Jacobson moved the Water Resources Subcommittee’s recommendation that the Board of Directors approve the attached Resolution designating the Hickman CWSPA as a Phase II Ground Water Quality Management Area. The motion was approved.

AYE: Babcock, Barger, Bolte, Case, Hall, Hammer, Hergenrader, Jacobson, Larrick, Osborne, Petersen, Potter, Reitan, Samuelson, Svoboda, Swanson and Zimmerman

NAY: None

NOT PRESENT: Andersen, Landis and Nielsen

Jacobson moved the Water Resources Subcommittee’s recommendation that the Board of Directors approve the attached Resolution designating the Pleasant Dale CWSPA as a Phase II Ground Water Quality Management Area. The motion was approved.

AYE: Babcock, Barger, Bolte, Case, Hall, Hammer, Hergenrader, Jacobson, Larrick, Osborne, Petersen, Potter, Reitan, Samuelson, Svoboda, Swanson and Zimmerman

NAY: None

NOT PRESENT: Andersen, Landis and Nielsen

Jacobson moved the Water Resources Subcommittee’s recommendation that the Board of Directors approve the attached Resolution designating the Union CWSPA as a Phase II Ground Water Quality Management Area. The motion was approved.

AYE: Babcock, Barger, Bolte, Case, Hall, Hammer, Hergenrader, Jacobson, Larrick, Osborne, Petersen, Potter, Reitan, Samuelson, Svoboda, Swanson and Zimmerman

NAY: None

NOT PRESENT: Andersen, Landis and Nielsen

Jacobson moved the Water Resources Subcommittee’s recommendation that the Board of Directors approve the attached Resolution directing staff to continue monitoring the Sprague CWSPA for a period not to exceed 2 years to provide the necessary information to determine the appropriate Phase determination. The motion was approved.

AYE: Babcock, Barger, Bolte, Case, Hall, Hammer, Hergenrader, Jacobson, Larrick, Osborne, Petersen, Potter, Reitan, Samuelson, Svoboda, Swanson and Zimmerman

NAY: None

NOT PRESENT: Andersen, Landis and Nielsen

Jacobson moved the Water Resources Subcommittee recommendation that the Board of Directors approve Valparaiso CWSPA Phase II Area SNAP applications and amounts for Terry Chmelka - $2,269.60, Edna Johnson - $523.20 and Weldon W. Johnson Family Trust - $523.20. The motion was approved.

AYE: Babcock, Barger, Bolte, Case, Hall, Hammer, Hergenrader, Jacobson, Larrick, Osborne, Petersen, Potter, Reitan, Samuelson, Svoboda, Swanson and Zimmerman

NAY: None

NOT PRESENT: Andersen, Landis and Nielsen

Jacobson stated that a public hearing was held at 5:30 on Tuesday, December 15, 2009 concerning the proposed modification to the Ground Water Rules and Regulations.

Jacobson moved the Water Resources Subcommittee’s recommendation that the Board of Directors approve changing the deadline for certifying ground water irrigated lands in the remainder of the District outside the Hydrologically Connected Area to January 30, 2011. The motion was approved.

AYE: Babcock, Barger, Bolte, Case, Hall, Hammer, Hergenrader, Jacobson, Larrick, Osborne, Petersen, Potter, Reitan, Samuelson, Svoboda, Swanson and Zimmerman

NAY: None

NOT PRESENT: Andersen, Landis and Nielsen

It was moved by Hergenrader and seconded by Svoboda to go into Closed Session at 3:50 p.m. to protect the public interest and develop strategy with respect to the negotiations related to the acquisition of the Allen saline wetland property. The motion was approved.

AYE: Babcock, Barger, Bolte, Case, Hall, Hammer, Hergenrader, Jacobson, Larrick, Osborne, Petersen, Potter, Reitan, Samuelson, Svoboda, Swanson and Zimmerman

NAY: None

NOT PRESENT: Andersen, Landis and Nielsen

It was moved by Petersen and seconded by Hall to return to open session at 3:55 p.m. The motion was approved.

AYE: Babcock, Barger, Bolte, Case, Hall, Hammer, Hergenrader, Jacobson, Larrick, Osborne, Petersen, Potter, Reitan, Samuelson, Svoboda, Swanson and Zimmerman

NAY: None

NOT PRESENT: Andersen, Landis and Nielsen

Hergenrader moved the Recreation, Forestry and Wildlife Subcommittee’s recommendation that the Board of Directors authorize staff to hold a public hearing and to make an offer to purchase the Allen property located in the south half of the northeast quarter of Section 34, Township 12 North, Range 6 East, Lancaster County, Nebraska for the appraised amount contingent on receiving a letter from the Nebraska Game and Parks Commission staring federal funds are available for 75% of the appraised amount and will be reimbursed to the District by June 30, 2010. The motion was approved.

AYE: Babcock, Barger, Bolte, Case, Hall, Hammer, Hergenrader, Jacobson, Larrick, Osborne, Petersen, Potter, Reitan, Samuelson, Svoboda, Swanson and Zimmerman

NAY: None

NOT PRESENT: Andersen, Landis and Nielsen

ITEM 16. APPOINTMENT OF NOMINATIONS COMMITTEE FOR 2010 OFFICERS AND NARD REPRESENTATION

Case stated that he appointed Hergenrader (Chair), Hammer and Petersen as the nominations committee.

ITEM 17. PERMIT AND PROGRAM APPROVALS

A report of permit and program approvals was distributed.

ITEM 18. SCHEDULE OF UPCOMING EVENTS AND ACTIVITIES.

A schedule of upcoming events and activities was mailed out.

ITEM 19. FOR INFORMATION ONLY.

Various memos were mailed out.

There being no other business, the meeting was adjourned at 4:02 p.m.

The undersigned, the duly elected and acting Secretary of the Lower Platte South Natural Resources District (the "District"), hereby certifies that the foregoing is a true and correct copy of the minutes of the meeting of the Board of Directors of the District held on December 16, 2009, that all of the matters and subjects discussed at the meeting were contained in the agenda for the meeting, kept continually current and readily available for public inspection at the principal office of the District during normal business hours, and except for items of an emergency nature, the agenda was not altered later than twenty-four (24) hours before the scheduled commencement of the meeting; that at least one copy of all reproducible material discussed at the meeting was available at the meeting for examination and copying by members of the public; that the above minutes were in written form and available for public inspection within ten working days or prior to the next convened meeting, whichever occurred earlier; and, that reasonable efforts were made to provide all news media requesting notification of the meeting and of the time and place of said meeting and the subjects to be discussed at said meeting.

_________________________________ William R. Barger, Secretary

/dr

BOARD OF DIRECTORS' MEETING

November 18, 2009

The Board of Directors of the Lower Platte South Natural Resources District met on Wednesday, November 18, 2009 at 7:00 p.m., at the Lower Platte South NRD office, 3125 Portia, Lincoln, Nebraska. Directors present were Babcock, Barger, Bolte, Case, Hall, Hammer, Hergenrader, Landis, Larrick, Osborn, Petersen, Potter, Reitan, Samuelson, Swanson and Zimmerman. Case called the meeting to order at 7:00 p.m.

ITEM 1. ROLL CALL OF DIRECTORS.

Sixteen Directors were present upon roll call.

ITEM 2. PUBLICATION OF LEGAL NOTICE OF MEETING.

Case reported that the legal notice for the Directors' Meeting was published in the Lincoln Journal Star on November 6, 2009.

ITEM 3. ANNOUNCE PUBLIC MEETINGS LAW POSTER AND PROHIBITION OF CONCEALED WEAPONS

ITEM 4. CONSIDERATION OF DIRECTORS’ ABSENCES.

Case stated that requests for excused absences were received from Bob Andersen and Ron Svoboda for the November 18, 2009 Board of Directors meeting.

It was moved by Zimmerman and seconded by Hall to approve the requests for excused absences from Bob Andersen and Ron Svoboda for the November 18, 2009 Board of Directors meeting. The motion was approved.

AYE: Babcock, Barger, Bolte, Case, Hall, Hammer, Hergenrader, Landis, Larrick, Osborne, Petersen, Potter, Reitan, Samuelson, Swanson and Zimmerman

NAY: None

NOT PRESENT: Andersen, Jacobson, Nielsen and Svoboda

ITEM 5. ADOPT TENTATIVE AGENDA.

Chair Case indicated that Agenda Item 9(c) would be taken up after Agenda Item 12 as it required going into closed session. Assistant Manager Paul Zillig stated that Agenda Item 12(e) would be needed to be taken up as an emergency item due to the timeline of proposals taken for the North Oak 3-1 Repair Project.

It was moved by Potter and seconded by Zimmerman to place Agenda Item 9(c) after Agenda Item 12 and add Agenda Item 12(e), North Oak 3-A Repair Project as an emergency item.

AYE: Babcock, Barger, Bolte, Case, Hall, Hammer, Hergenrader, Landis, Larrick, Osborne, Petersen, Potter, Reitan, Samuelson, Swanson and Zimmerman

NAY: None

NOT PRESENT: Andersen, Jacobson, Nielsen and Svoboda

It was moved by Landis and seconded by Osborn approve the Revised Agenda with the emergency item added. The motion was approved.

AYE: Babcock, Barger, Bolte, Case, Hall, Hammer, Hergenrader, Landis, Larrick, Osborne, Petersen, Potter, Reitan, Samuelson, Swanson and Zimmerman

NAY: None

NOT PRESENT: Andersen, Jacobson, Nielsen and Svoboda

ITEM 6. PUBLIC COMMENTS ON NON-AGENDA ITEMS.

No one addressed the Board on non-agenda items.

ITEM 7. APPROVE MINUTES OF OCTOBER 21, 2009 BOARD OF DIRECTORS MEETING.

It was moved by Hergenrader and seconded by Larrick to approve the minutes of the October 21, 2009 Board of Directors meeting. The motion was approved.

AYE: Babcock, Barger, Bolte, Case, Hall, Hammer, Hergenrader, Landis, Larrick, Osborne, Petersen, Potter, Reitan, Samuelson, Swanson and Zimmerman

NAY: None

NOT PRESENT: Andersen, Jacobson, Nielsen and Svoboda

ITEM 8. FINANCIAL REPORT JULY 1, 2009 THROUGH OCTOBER 31, 2009 AND CONSIDERATION OF PUBLICATION OF EXPENDITURES FOR OCTOBER 2009.

Babcock indicated that the reports for the periods July 1, 2009 through October 31, 2009 had been distributed.

It was moved by Landis and seconded by Petersen to approve the financial reports for the period July 1, 2009 through October 31, 2009 and to publish the expenditures for October 2009. The motion was approved.

AYE: Babcock, Barger, Bolte, Case, Hall, Hammer, Hergenrader, Landis, Larrick, Osborne, Petersen, Potter, Reitan, Samuelson, Swanson and Zimmerman

NAY: None

NOT PRESENT: Andersen, Jacobson, Nielsen and Svoboda

ITEM 9. REPORT OF THE URBAN SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS.

Larrick reported that the Urban Subcommittee met on Tuesday, November 17, 2009.

Larrick indicated that no action would be taken on the request from Cass County SID #1 / Lake Waconda for additional assistance on levee upgrade.

He stated that bids were received from two contractors for two maintenance drainage projects along Antelope Creek.

T.J. Osborn Construction, Inc.	$17,295.00
Midwest Underground, Inc.	$18,400.00

It was moved by Larrick and seconded by Zimmerman that the Board of Directors accept the low bid from T.J. Osborn Construction, Inc. in the amount of $17,295.00 for two maintenance drainage projects along Antelope Creek. The motion was approved

AYE: Babcock, Barger, Bolte, Case, Hall, Hammer, Hergenrader, Landis, Larrick, Osborne, Petersen, Potter, Reitan, Samuelson, Swanson and Zimmerman

NAY: None

NOT PRESENT: Andersen, Jacobson, Nielsen and Svoboda

Larrick stated that Item (c) would be taken up later in the meeting during closed session.

ITEM 10. REPORT OF THE PLATTE RIVER SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS

Babcock reported that the Platte River Subcommittee met on Monday, November 9, 2009.

Babcock moved the Platte River Subcommittee’s recommendation that the Board of Directors authorize the adoption of the Task Order 3 Supplemental Scope of Services with HDR. The motion was approved.

AYE: Babcock, Barger, Bolte, Case, Hall, Hammer, Hergenrader, Landis, Larrick, Osborne, Petersen, Potter, Reitan, Samuelson, Swanson and Zimmerman

NAY: None

NOT PRESENT: Andersen, Jacobson, Nielsen and Svoboda

ITEM 11. REPORT OF THE RECREATION, FORESTRY AND WILDLIFE SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS.

Hergenrader stated that the Recreation, Forestry and Wildlife Subcommittee met on Tuesday, November 10, 2009.

Hergenrader moved the Recreation, Forestry and Wildlife Subcommittee’s recommendation that the Board of Directors accept the proposal from Rega Engineering Group, Inc. in the amount of $26,655.00 to provide construction engineering services for the Abbot Sports Complex Moto-Cross Track subject to legal counsel approval. The motion was approved.

AYE: Barger, Bolte, Case, Hall, Hammer, Hergenrader, Landis, Osborne, Petersen, Reitan, Samuelson, Swanson and Zimmerman

NAY: Babcock, Larrick, and Potter

NOT PRESENT: Andersen, Jacobson, Nielsen and Svoboda

Hergenrader moved the Recreation, Forestry and Wildlife Subcommittee’s recommendation that the Board of Directors enter into the agreement with Cass County on the MoPac East – Lied River Bridge Trail Connection Project.

It was moved by Samuelson and seconded by Babcock to table the motion. The motion was approved.

AYE: Babcock, Barger, Bolte, Case, Hall, Hergenrader, Larrick, Osborne, Samuelson and Zimmerman

NAY: Hammer, Landis, Petersen, Potter, Reitan and Swanson

NOT PRESENT: Andersen, Jacobson, Nielsen and Svoboda

ITEM 12. REPORT OF THE WATER RESOURCES SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS

Barger stated that the Water Resources Subcommittee met on Tuesday, November 17, 2009.

Barger moved the Water Resources Subcommittee’s recommendation that the Board of Directors approve Agreement #10C4NE005003000 with the United States Department of the Interior – USGS. The motion was approved.

AYE: Babcock, Barger, Bolte, Case, Hall, Hammer, Hergenrader, Landis, Larrick, Osborne, Petersen, Potter, Reitan, Samuelson, Swanson and Zimmerman

NAY: None

NOT PRESENT: Andersen, Jacobson, Nielsen and Svoboda

Barger moved the Water Resources Subcommittee’s recommendation that the Board of Directors direct staff to advertise, schedule, and conduct the required public hearing on the proposed change to the Ground Water Rules and Regulations of changing the deadline date for certification of all ground water irrigated acres from January 1, 2010 to January 30, 2011. The motion was approved.

AYE: Babcock, Barger, Bolte, Case, Hall, Hammer, Hergenrader, Landis, Larrick, Osborne, Petersen, Potter, Reitan, Samuelson, Swanson and Zimmerman

NAY: None

NOT PRESENT: Andersen, Jacobson, Nielsen and Svoboda

It was moved by Hammer and seconded by Samuelson that the Board of Directors adopt the Investigative Report for Irrigation Runoff Complain #002 and determine that the violation has occurred. The motion was approved.

AYE: Babcock, Barger, Bolte, Case, Hall, Hammer, Hergenrader, Landis, Larrick, Osborne, Petersen, Potter, Reitan, Samuelson, Swanson and Zimmerman

NAY: None

NOT PRESENT: Andersen, Jacobson, Nielsen and Svoboda

Barger indicated that three proposals were received for the North Oak Watershed Dam 3-A Repair Project.

General Excavating	$28,757.00
T.J. Osborn Construction, Inc.	$32,000.00
Yost Excavating, Inc.	$32,908.20

It was moved by Barger and seconded by Samuelson that the Board of Directors approve the proposal from General Excavating in the amount of $28,757.00 for the North Oak Watershed Dam 3-A Repair Project. The motion was approved.

AYE: Babcock, Barger, Bolte, Case, Hall, Hammer, Hergenrader, Landis, Larrick, Osborne, Petersen, Potter, Reitan, Samuelson, Swanson and Zimmerman

NAY: None

NOT PRESENT: Andersen, Jacobson, Nielsen and Svoboda

It was moved by Barger and seconded by Zimmerman to go into Closed Session at 8:00 p.m. to protect the public interest and develop strategy with respect to the negotiations related to the acquisition of easements required for the rehabilitation of Upper Salt Dam 35-A and to protect the public interest due to a communication of a claim related to bids received for the Stevens Creek Supplemental Box Culvert. The motion was approved.

AYE: Babcock, Barger, Bolte, Case, Hall, Hammer, Hergenrader, Landis, Larrick, Osborne, Petersen, Potter, Reitan, Samuelson, Swanson and Zimmerman

NAY: None

NOT PRESENT: Andersen, Jacobson, Nielsen and Svoboda

It was moved by Larrick and seconded by Potter to return to Open Session at 8:30 p.m. The motion was approved.

AYE: Babcock, Barger, Bolte, Case, Hall, Hammer, Hergenrader, Landis, Larrick, Osborne, Petersen, Potter, Reitan, Samuelson, Swanson and Zimmerman

NAY: None

NOT PRESENT: Andersen, Jacobson, Nielsen and Svoboda

It was moved by Larrick and seconded by Samuelson reject all bids for the Stevens Creek Supplemental Box Culvert project and re-let the project at a later date. The motion was approved.

AYE: Barger, Bolte, Hammer, Hergenrader, Larrick, Osborne, Petersen, Potter, Reitan, Samuelson, Swanson and Zimmerman

NAY: Babcock, Case, Hall and Landis

NOT PRESENT: Andersen, Jacobson, Nielsen and Svoboda

ITEM 13. PERMIT AND PROGRAM APPROVALS

A report of permit and program approvals was distributed.

ITEM 14. SCHEDULE OF UPCOMING EVENTS AND ACTIVITIES.

A schedule of upcoming events and activities was mailed out.

ITEM 15. FOR INFORMATION ONLY.

Various memos were mailed out.

There being no other business, the meeting was adjourned at 8:35 p.m.

The undersigned, the duly elected and acting Secretary of the Lower Platte South Natural Resources District (the "District"), hereby certifies that the foregoing is a true and correct copy of the minutes of the meeting of the Board of Directors of the District held on November 18, 2009, that all of the matters and subjects discussed at the meeting were contained in the agenda for the meeting, kept continually current and readily available for public inspection at the principal office of the District during normal business hours, and except for items of an emergency nature, the agenda was not altered later than twenty-four (24) hours before the scheduled commencement of the meeting; that at least one copy of all reproducible material discussed at the meeting was available at the meeting for examination and copying by members of the public; that the above minutes were in written form and available for public inspection within ten working days or prior to the next convened meeting, whichever occurred earlier; and, that reasonable efforts were made to provide all news media requesting notification of the meeting and of the time and place of said meeting and the subjects to be discussed at said meeting.

_________________________________ William R. Barger, Secretary

/dr

BOARD OF DIRECTORS' MEETING

October 21, 2009

The Board of Directors of the Lower Platte South Natural Resources District met on Wednesday, October 21, 2009 at 7:00 p.m., at the Lower Platte South NRD office, 3125 Portia, Lincoln, Nebraska. Directors present were Andersen, Barger, Bolte, Case, Hall, Hammer, Hergenrader, Jacobson, Landis, Larrick, Osborn, Petersen, Potter, Reitan, Samuelson, Svoboda, Swanson and Zimmerman. Case called the meeting to order at 7:00 p.m.

ITEM 1. ROLL CALL OF DIRECTORS.

Seventeen Directors were present upon roll call. Director Barger arrived after roll call.

ITEM 2. PUBLICATION OF LEGAL NOTICE OF MEETING.

Case reported that the legal notice for the Directors' Meeting was published in the Lincoln Journal Star on October 12, 2009.

ITEM 3. ANNOUNCE PUBLIC MEETINGS LAW POSTER AND PROHIBITION OF CONCEALED WEAPONS

ITEM 4. CONSIDERATION OF DIRECTORS’ ABSENCES.

Case stated that a request for an excused absence was received from Marsha Babcock for the October 21, 2009 Board of Directors meeting.

It was moved by Andersen and seconded by Svoboda to approve the request for excused absence from Marsha Babcock for the October 21, 2009 Board of Directors meeting. The motion was approved.

AYE: Andersen, Bolte, Case, Hall, Hammer, Hergenrader, Jacobson, Landis, Larrick, Osborne, Petersen, Potter, Reitan, Samuelson, Svoboda, Swanson and Zimmerman

NAY: None

NOT PRESENT: Babcock, Barger and Nielsen

ITEM 5. ADOPT REVISED AGENDA.

Chair Case indicated that Agenda Item 12 would be taken up last as it required going into closed session.

It was moved by Potter and seconded by Samuelson to approve the Revised Agenda. The motion was approved.

AYE: Andersen, Bolte, Case, Hall, Hammer, Hergenrader, Jacobson, Landis, Larrick, Osborne, Petersen, Potter, Reitan, Samuelson, Svoboda, Swanson and Zimmerman

NAY: None

NOT PRESENT: Babcock, Barger and Nielsen

ITEM 5.5 REPORT OF NATURAL RESOURCES COMMISSION ACTIVITIES

Clint Johannes addressed the board reporting on the activities of the Nebraska Natural Resources Commission.

ITEM 6. PUBLIC COMMENTS ON NON-AGENDA ITEMS.

No one addressed the Board on non-agenda items.

ITEM 7. APPROVE MINUTES OF SEPTEMBER 16, 2009 BOARD OF DIRECTORS MEETING.

It was moved by Hergenrader and seconded by Hammer to approve the minutes of the September 16, 2009 Board of Directors meeting. The motion was approved.

AYE: Barger, Bolte, Case, Hall, Hammer, Hergenrader, Jacobson, Landis, Osborne, Petersen, Potter, Reitan, Samuelson, Svoboda, and Swanson

ABSTAIN: Andersen, Larrick and Zimmerman

NAY: None

NOT PRESENT: Babcock and Nielsen

ITEM 8. FINANCIAL REPORT JULY 1, 2009 THROUGH SEPTEMBER 30, 2009 AND CONSIDERATION OF PUBLICATION OF EXPENDITURES FOR SEPTEMBER 2009.

Hergenrader indicated that the reports for the periods July 1, 2009 through September 30, 2009 had been distributed.

It was moved by Hergenrader and seconded by Andersen to approve the financial reports for the period July 1, 2009 through September 30, 2009 and to publish the expenditures for September 2009. The motion was approved.

AYE: Andersen, Barger, Bolte, Case, Hall, Hammer, Hergenrader, Jacobson, Landis, Larrick, Osborne, Petersen, Potter, Reitan, Samuelson, Svoboda, Swanson and Zimmerman

NAY: None

NOT PRESENT: Babcock and Nielsen

ITEM 9. REPORT OF THE FINANCE AND PLANNING SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS.

Hergenrader stated that the Finance and Planning Subcommittee met on Thursday, October 15, 2009.

Liz Wood from HBE Becker Meyer Love LLP presented and reviewed the 2009 Audit Report, Audit Committee letter and Management letter.

Hergenrader moved the Finance and Planning Subcommittee’s recommendation that the Board of Directors approve the Long Range Implementation Plan for FY 2010-2014. The motion was approved

AYE: Andersen, Barger, Bolte, Case, Hall, Hammer, Hergenrader, Jacobson, Landis, Larrick, Osborne, Petersen, Potter, Reitan, Samuelson, Svoboda, Swanson and Zimmerman

NAY: None

NOT PRESENT: Babcock and Nielsen

ITEM 10. REPORT OF THE RECREATION, FORESTRY AND WILDLIFE SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS.

Hergenrader stated that the Recreation, Forestry and Wildlife Subcommittee met on Monday, October 19, 2009. She reported that two proposals were received to plant trees in the Southeast Upper Salt Conservation Easements.

Nebraska Nursery and Color Gardens	$9,000.00
Seeds of Life	$9,800.00

Hergenrader moved the Recreation, Forestry and Wildlife Subcommittee’s recommendation that the Board of Directors accept the proposal from Nebraska Nursery and Color Gardens in the amount of $9,000 to plant trees in the Southeast Upper Salt Conservation Easements. The motion was approved.

AYE: Andersen, Barger, Bolte, Case, Hall, Hammer, Hergenrader, Jacobson, Landis, Larrick, Osborne, Petersen, Potter, Reitan, Samuelson, Svoboda, Swanson and Zimmerman

NAY: None

NOT PRESENT: Babcock and Nielsen

Hergenrader moved the Recreation, Forestry and Wildlife Subcommittee’s recommendation that the Board of Directors grant water line easements across the MoPac East Conservation Corridor for the existing water line crossings and authorize the General Manager to execute the proposed water line crossing easement located west of 238^th Street subject to reviewing the plans and to legal counsel’s approval. The motion was approved.

AYE: Andersen, Barger, Bolte, Case, Hall, Hammer, Hergenrader, Jacobson, Landis, Larrick, Osborne, Petersen, Potter, Reitan, Samuelson, Svoboda, Swanson and Zimmerman

NAY: None

NOT PRESENT: Babcock and Nielsen

ITEM 11. REPORT OF EXECUTIVE SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS

Case stated that the Executive Subcommittee met on Monday, October 19, 2009

Case moved the Executive Subcommittee’s recommendation that the Board of Directors adopt the Resolution and the Amendment No. One to the restated NARD 457 Prototype Plan Salary Reduction Contribution / Employer Construction Adoption Agreement. The motion was approved.

AYE: Andersen, Barger, Bolte, Case, Hall, Hammer, Hergenrader, Jacobson, Landis, Larrick, Osborne, Petersen, Potter, Reitan, Samuelson, Svoboda, Swanson and Zimmerman

NAY: None

NOT PRESENT: Babcock and Nielsen

Case stated that bids were received from three companies for a 2010 Hybrid Sport Utility Vehicle with a 2000 Dodge Durango as a trade-in.

Anderson Ford	2010 Ford Escape Hybrid	$27,268.00
Husker Auto Group	2010 Ford Escape Hybrid	$28,490.77
Meginnis Ford	2010 Ford Escape Hybrid	$29,379.00
Husker Auto Group	2009 Chevrolet Tahoe Hybrid	$42,497.77

Case moved the Executive Subcommittee’s recommendation that the Board of Directors accept the proposal from Andersen Ford for the trade of the 2000 Dodge Durango for a 2010 Ford Escape Hybrid in the amount of $27,268.00. The motion was approved.

AYE: Andersen, Barger, Bolte, Case, Hall, Hammer, Hergenrader, Jacobson, Landis, Larrick, Osborne, Petersen, Potter, Reitan, Samuelson, Svoboda, Swanson and Zimmerman

NAY: None

NOT PRESENT: Babcock and Nielsen

Case stated that bids were received from five companies for a 2010 ½ Ton 4 x 4 Pick-up with a 2003 Ford F-250 4 x 4 Pick-up as a trade-in.

Lee Sapp Ford	2010 Ford F-150	$12,966.00
Husker Auto Group	2009 Chevrolet Silverado 1500	$14,297.77
Husker Auto Group	2009 Chevrolet Silverado 1500	$14,997.77
Anderson Ford	2010 Ford F-150	$15,576.35
Meginnis Ford	2010 Ford F-150	$20,700.00
Performance Dodge	2010 Dodge Ram 1500	$23,350.00

Case moved the Executive Subcommittee’s recommendation that the Board of Directors approve the bid from Lee Sapp Ford for the trade of the 2003 Ford F-250 Pick-u for a 2010 Ford F-150 Pick-up in the amount of $12,966.00. The motion was approved.

AYE: Andersen, Barger, Bolte, Case, Hall, Hammer, Hergenrader, Jacobson, Landis, Larrick, Osborne, Petersen, Potter, Reitan, Samuelson, Svoboda, Swanson and Zimmerman

NAY: None

NOT PRESENT: Babcock and Nielsen

Case reported that the subcommittee discussed moving the November Board of Directors meeting to a different date but decided to leave it on the original date of November 18, 2009.

Case stated that Jason Hayes has tendered his resignation from the Lower Platte South NRD Board of Directors. Hayes represented Subdistrict #10. He reported that the position would be advertised and filled.

ITEM 13. REPORT OF THE URBAN SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS

Larrick stated that the Urban Subcommittee met on Monday, October 19, 2009. He reported that bids were received from eleven contractors for the construction of the Stevens Creek Stream Stability Project #13, located near 98^th and Van Dorn Streets

Gana Trucking and Excavating	$192,753.11
Land Construction	$218,218.00
H.R. Bookstrom Construction, Inc.	$223,558.00
Legrande Excavating, Inc.	$228,955.00
Valley Corporation	$229,752.00
T.J. Osborne Construction, Inc.	$231,100.00
David L. Lottman Excavating	$237,861.00
Judds Brothers	$247,570.00
Rush Creek Construction	$294,008.00
Visionscapes, LLC	$318,442.50
General Excavating	$363,049.00

Larrick moved the Urban Subcommittee’s recommendation that the Board of Directors accept the low bid from Gana Trucking and Excavation for the construction of the Stevens Creek Stream Stability Project #13, located near 98^th and Van Dorn Streets in the amount of $192,753.11. The motion was approved.

AYE: Andersen, Barger, Bolte, Case, Hall, Hammer, Hergenrader, Jacobson, Landis, Larrick, Osborne, Petersen, Potter, Reitan, Samuelson, Svoboda, Swanson and Zimmerman

NAY: None

NOT PRESENT: Babcock and Nielsen

Larrick moved the Urban Subcommittee’s recommendation that the Board of Directors approve the Interlocal Agreement and cost-share with the Nebraska Department of Roads on water quality and stream stability projects located at the District #1 Headquarters along Lynn Creek in the amount not to exceed $80,000 with $10,000 coming from the City of Lincoln, pending legal counsel review. The motion was approved.

AYE: Andersen, Barger, Bolte, Case, Hall, Hammer, Hergenrader, Jacobson, Landis, Larrick, Osborne, Petersen, Potter, Reitan, Samuelson, Svoboda, Swanson and Zimmerman

NAY: None

NOT PRESENT: Babcock and Nielsen

ITEM 12. REPORT OF THE WATER RESOURCES SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS

Dale Harlan addressed the Board regarding landrights for Upper Salt 35-A Rehabilitation

It was moved by Jacobson and seconded by Landis to go into Closed Session at 8:14 p.m. to protect the public interest and develop strategy with respect to the negotiations related to the acquisition of easements required for the rehabilitation of Upper Salt Dam 35-A. The motion was approved.

AYE: Andersen, Barger, Bolte, Case, Hall, Hammer, Hergenrader, Jacobson, Landis, Larrick, Osborne, Petersen, Potter, Reitan, Samuelson, Svoboda, Swanson and Zimmerman

NAY: None

NOT PRESENT: Babcock and Nielsen

It was moved by Jacobson and seconded by Svoboda to return to Open Session at 8:52 p.m. The motion was approved.

AYE: Andersen, Barger, Bolte, Case, Hall, Hammer, Hergenrader, Jacobson, Landis, Larrick, Osborne, Petersen, Potter, Reitan, Samuelson, Svoboda, Swanson and Zimmerman

NAY: None

NOT PRESENT: Babcock and Nielsen

It was moved by Jacobson and seconded by Landis to accept staff recommendations regarding Landrights for Upper Salt 35-A Rehabilitation. The motion was approved.

AYE: Andersen, Barger, Bolte, Case, Hall, Hammer, Hergenrader, Jacobson, Landis, Larrick, Osborne, Petersen, Potter, Reitan, Samuelson, Svoboda, Swanson and Zimmerman

NAY: None

NOT PRESENT: Babcock and Nielsen

ITEM 14. PERMIT AND PROGRAM APPROVALS

A report of permit and program approvals was distributed.

ITEM 15. SCHEDULE OF UPCOMING EVENTS AND ACTIVITIES.

A schedule of upcoming events and activities was mailed out.

ITEM 16. FOR INFORMATION ONLY.

Various memos were mailed out.

There being no other business, the meeting was adjourned at 8:55 p.m.

The undersigned, the duly elected and acting Secretary of the Lower Platte South Natural Resources District (the "District"), hereby certifies that the foregoing is a true and correct copy of the minutes of the meeting of the Board of Directors of the District held on October 21, 2009, that all of the matters and subjects discussed at the meeting were contained in the agenda for the meeting, kept continually current and readily available for public inspection at the principal office of the District during normal business hours, and except for items of an emergency nature, the agenda was not altered later than twenty-four (24) hours before the scheduled commencement of the meeting; that at least one copy of all reproducible material discussed at the meeting was available at the meeting for examination and copying by members of the public; that the above minutes were in written form and available for public inspection within ten working days or prior to the next convened meeting, whichever occurred earlier; and, that reasonable efforts were made to provide all news media requesting notification of the meeting and of the time and place of said meeting and the subjects to be discussed at said meeting.

_________________________________ William R. Barger, Secretary

/dr

BOARD OF DIRECTORS' MEETING

September 16, 2009

The Board of Directors of the Lower Platte South Natural Resources District met on Wednesday, September 16, 2009 at 7:00 p.m., at the Lower Platte South NRD office, 3125 Portia, Lincoln, Nebraska. Directors present were Babcock, Barger, Case, Hall, Hammer, Hayes, Hergenrader, Jacobson, Landis, Nielsen, Petersen, Potter, Reitan, Samuelson, Svoboda and Swanson. Case called the meeting to order at 7:00 p.m.

ITEM 1. ROLL CALL OF DIRECTORS.

Fourteen Directors were present upon roll call. Directors Hayes and Landis arrived after roll call.

ITEM 2. PUBLICATION OF LEGAL NOTICE OF MEETING.

Case reported that the legal notice for the Directors' Meeting was published in the Lincoln Journal Star on August 31, 2009.

ITEM 3. ANNOUNCE PUBLIC MEETINGS LAW POSTER AND PROHIBITION OF CONCEALED WEAPONS

ITEM 4. CONSIDERATION OF DIRECTORS’ ABSENCES.

Case stated that requests for excused absences were received from Marsha Babcock for the July 22, 2009 Board of Directors meeting and Bob Andersen, Greg Osborn and Larry Zimmerman for the September 16, 2009 Board of Directors meeting.

It was moved by Hergenrader and seconded by Svoboda to approve the requests for excused absences from Marsha Babcock for the July 22, 2009 Board of Directors meeting and Bob Andersen, Greg Osborn and Larry Zimmerman for the September 16, 2009 Board of Directors meeting. The motion was approved.

AYE: Babcock, Barger, Case, Hall, Hammer, Hergenrader, Jacobson, Nielsen, Petersen, Potter, Reitan, Samuelson Svoboda and Swanson

NAY: None

NOT PRESENT: Andersen, Hayes, Landis, Larrick, Osborn and Zimmerman

ITEM 5. ADOPT REVISED AGENDA.

It was moved by Landis and seconded by Hall to approve the Revised Agenda. The motion was approved.

AYE: Babcock, Barger, Case, Hall, Hammer, Hergenrader, Jacobson, Landis, Nielsen, Petersen, Potter, Reitan, Samuelson Svoboda and Swanson

NAY: None

NOT PRESENT: Andersen, Hayes, Larrick, Osborn and Zimmerman

ITEM 5.5 RECOGNITION OF STAFF ANNIVERSARIES

General Manager Glenn Johnson recognized Ed Ubben for 10 years of service to the NRD.

ITEM 6. PUBLIC COMMENTS ON NON-AGENDA ITEMS.

No one addressed the Board on non-agenda items.

ITEM 7. APPROVE MINUTES OF JULY 15, 2009 BOARD OF DIRECTORS MEETING.

It was moved by Hammer and seconded by Nielsen to approve the minutes of the July 15, 2009 Board of Directors meeting. The motion was approved.

AYE: Babcock, Barger, Case, Hall, Hammer, Hayes, Hergenrader, Jacobson, Landis, Nielsen, Petersen, Potter, Reitan, Samuelson Svoboda and Swanson

NAY: None

NOT PRESENT: Andersen, Larrick, Osborn and Zimmerman

ITEM 8. FINANCIAL REPORT JULY 1, 2009 THROUGH JULY 31, 2009 AND JULY 1, 2009 THROUGH AUGUST 31, 2009 AND CONSIDERATION OF PUBLICATION OF EXPENDITURES FOR JULY 2009 AND AUGUST 2009.

Babcock indicated that the reports for the periods July 1, 2009 through July 31, 2009 and July 1, 2009 through August 30, 2009 had been distributed.

It was moved by Babcock and seconded by Hergenrader to approve the financial reports for the period July 1, 2009 through August 31, 2009. The motion was approved.

AYE: Babcock, Barger, Case, Hall, Hammer, Hayes, Hergenrader, Jacobson, Landis, Nielsen, Petersen, Potter, Reitan, Samuelson Svoboda and Swanson

NAY: None

NOT PRESENT: Andersen, Larrick, Osborn and Zimmerman

It was moved by Jacobson and seconded by Samuelson to publish the expenditures for July 2009 and August 2009. The motion was approved.

AYE: Babcock, Barger, Case, Hall, Hammer, Hayes, Hergenrader, Jacobson, Landis, Nielsen, Petersen, Potter, Reitan, Samuelson Svoboda and Swanson

NAY: None

NOT PRESENT: Andersen, Larrick, Osborn and Zimmerman

ITEM 9. REPORT OF THE FINANCE AND PLANNING SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS.

Babcock moved the Finance and Planning Subcommittee’s recommendation that the Board of Directors approve the Resolution to approve the final FY 2010 Budget totaling $28,664,139 in expenditures and revenues and setting a property tax request totaling $8,768,509. The motion was approved.

AYE: Babcock, Barger, Case, Hall, Hammer, Hayes, Hergenrader, Jacobson, Landis, Nielsen, Petersen, Potter, Reitan, Samuelson Svoboda and Swanson

NAY: None

NOT PRESENT: Andersen, Larrick, Osborn and Zimmerman

ITEM 9.5 REPORT OF THE RECREATION, FORESTRY AND WILDLIFE SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS.

Hergenrader stated that the Recreation, Forestry and Wildlife Subcommittee met on Wednesday, September 9, 2009.

Hergenrader moved the Recreation, Forestry and Wildlife Subcommittee’s recommendation that the Board of Directors enter into the lease agreement with the Village of Eagle for the MoPac East Trailhead. The motion was approved.

AYE: Babcock, Barger, Case, Hall, Hammer, Hayes, Hergenrader, Jacobson, Landis, Nielsen, Petersen, Reitan, Samuelson Svoboda and Swanson

ABSTAIN: Potter

NAY: None

NOT PRESENT: Andersen, Larrick, Osborn and Zimmerman

Hergenrader stated that three proposals were received to repair a bridge on the MoPac East Trail east of Elmwood

T.J. Osborn Construction Company	$18,000
General Excavating	$20,800
Dobson Brothers Construction Co.	$25,877.80

Hergenrader moved the Recreation, Forestry and Wildlife Subcommittee’s recommendation that the Board of Directors accept the proposal from T.J. Osborn Construction Company to install 1,123 square feet of 5 gauge black sheet pile in the amount of $18,000. The motion was approved.

AYE: Babcock, Barger, Case, Hall, Hammer, Hayes, Hergenrader, Jacobson, Landis, Nielsen, Petersen, Potter, Reitan, Samuelson Svoboda and Swanson

NAY: None

NOT PRESENT: Andersen, Larrick, Osborn and Zimmerman

Hergenrader moved the Recreation, Forestry and Wildlife Subcommittee’s recommendation that the Board of Directors adopt the Combined Consultant Selection, NEPA, Uniform Act and signing of the Financial Management Systems Certification Resolution. The motion was adopted

AYE: Babcock, Barger, Case, Hall, Hammer, Hayes, Hergenrader, Jacobson, Landis, Nielsen, Petersen, Potter, Reitan, Samuelson Svoboda and Swanson

NAY: None

NOT PRESENT: Andersen, Larrick, Osborn and Zimmerman

Hergenrader moved the Recreation Forestry and Wildlife Subcommittee’s recommendation that the Board of Directors name the Schell tract “Little Salt Springs” and designate it as a Wildlife Management Area. The motion was approved.

AYE: Babcock, Barger, Case, Hall, Hammer, Hayes, Hergenrader, Jacobson, Landis, Nielsen, Petersen, Potter, Reitan, Samuelson Svoboda and Swanson

NAY: None

NOT PRESENT: Andersen, Larrick, Osborn and Zimmerman

Hergenrader moved the Recreation, Forestry and Wildlife Subcommittee’s recommendation that the Board of Directors name the BELF Tract “Marsh Wren” and designate it as a Community Wetland Management Area. The motion was approved

AYE: Babcock, Barger, Case, Hall, Hammer, Hayes, Hergenrader, Jacobson, Nielsen, Petersen, Potter, Reitan, Samuelson Svoboda and Swanson

NAY: None

NOT PRESENT: Andersen, Landis, Larrick, Osborn and Zimmerman

ITEM 10. REPORT OF THE LAND RESOURCES SUBCOMMITTEE AND CONSIDERATION OF RECOMMENTATIONS

Samuelson stated that the Land Resources Subcommittee met on Wednesday, August 12, 2009

Samuelson moved the Land Resources Subcommittee’s recommendation that the Board of Directors modify the NRD’s Summer Conservation Program for District-wide projects to increase the maximum amount of cost-share assistance to $10,000 annually, beginning May of 2010. The motion was approved.

AYE: Babcock, Barger, Case, Hall, Hammer, Hayes, Hergenrader, Jacobson, Landis, Nielsen, Petersen, Potter, Reitan, Samuelson Svoboda and Swanson

NAY: None

NOT PRESENT: Andersen, Larrick, Osborn and Zimmerman

Samuelson stated that cost-share application are presented for approval.

Gary Leroy Towle	Terrace Systems	$7,000
Winter Lot 20 Irrevocable Trust	Storage Terrace System	$5,410
Wesley Winter	Storage Terrace System	$18,260
Bill C. & Faye A. Winter	Storage Terrace System	$11,990
	Total Obligation	$42,660

It was moved by Samuelson and seconded by Jacobson to approve cost-share applications listed above for terrace systems. The motion was approved.

AYE: Babcock, Barger, Case, Hall, Hammer, Hayes, Hergenrader, Jacobson, Landis, Nielsen, Petersen, Potter, Reitan, Samuelson Svoboda and Swanson

NAY: None

NOT PRESENT: Andersen, Larrick, Osborn and Zimmerman

ITEM 10.5. REPORT OF THE EXECUTIVE SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS.

Chairman Case stated that the Executive Subcommittee met on Monday, September 14, 2009. He reported that Richard Bolte and Mike DeKalb were interviewed for the Subdistrict 7 Vacancy on the Board of Directors. He indicated that due to potential conflicts of interest Mike DeKalb had removed his name from consideration.

It was moved by Samuelson and seconded by Babcock to appoint Richard Bolte to fill the unexpired term on the Lower Platte South NRD Board of Directors in Subdistrict 7. The motion was approved.

AYE: Babcock, Barger, Case, Hall, Hammer, Hayes, Hergenrader, Jacobson, Landis, Nielsen, Petersen, Potter, Reitan, Samuelson Svoboda and Swanson

NAY: None

NOT PRESENT: Andersen, Larrick, Osborn and Zimmerman

ITEM 11. REPORT OF THE URBAN SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS

Hayes stated that the Urban Subcommittee met on August 11, 2009 and September 15, 2009.

Hayes moved the Urban Subcommittee’s recommendation that the Board of Directors approve Amendment 3 to the Agreement with Olsson Associates for the Stevens Creek Box Culvert project with an increase of costs of $23,750. The motion was approved.

AYE: Babcock, Barger, Case, Hall, Hammer, Hayes, Hergenrader, Jacobson, Landis, Nielsen, Petersen, Potter, Reitan, Samuelson Svoboda and Swanson

NAY: None

NOT PRESENT: Andersen, Larrick, Osborn and Zimmerman

Hayes stated that bids were received for the Antelope Creek Maintenance Project – 40^th to Cotner Blvd.

Land Construction, Inc., Lincoln, NE	$271,777.00
Rush Creek Construction, Inc., Beatrice, NE	$284,356.07
T.J. Osborn Construction, Inc., Lincoln, NE	$294,749.50
H.R. Bookstrom Construction, Inc., Lincoln, NE	$315,850.00
M.E. Collins Contracting Co., Inc., Wahoo, NE	$325,358.70
TCW Construction, Inc., Lincoln, NE	$332,810.75
General Excavating, Lincoln, NE	$373,152.50

Hayes moved the Urban Subcommittee’s recommendation that the Board of Directors award the contact to Land Construction, Inc. for the Antelope Creek Maintenance Project – 40^th Street to Cotner Blvd. in the amount of $271,777.00. The motion was approved.

AYE: Babcock, Barger, Case, Hall, Hammer, Hayes, Hergenrader, Jacobson, Landis, Nielsen, Petersen, Potter, Reitan, Samuelson Svoboda and Swanson

NAY: None

NOT PRESENT: Andersen, Larrick, Osborn and Zimmerman

Hayes moved the Urban Subcommittee’s recommendation that the Board of Directors authorize the District to enter into an Interlocal Agreement with the Village of Cedar Creek for the previously approved river bank stabilization project. The motion was approved.

AYE: Babcock, Barger, Case, Hall, Hammer, Hayes, Hergenrader, Jacobson, Landis, Nielsen, Petersen, Potter, Samuelson Svoboda and Swanson

NAY: Reitan

NOT PRESENT: Andersen, Larrick, Osborn and Zimmerman

Hayes moved the Urban Subcommittee’s recommendation that the Board of Directors approve the updated Interlocal Agreement with the City of Plattsmouth for the Operation and Maintenance of the Plattsmouth Watershed Dams. The motion was approved.

AYE: Babcock, Barger, Case, Hall, Hammer, Hayes, Hergenrader, Jacobson, Landis, Nielsen, Petersen, Potter, Reitan, Samuelson Svoboda and Swanson

NAY: None

NOT PRESENT: Andersen, Larrick, Osborn and Zimmerman

Hayes indicated that no action would be taken on the Dead Mans Run CIP #5 Right-of-Way.

ITEM 11.5. REPORT OF INFORMATION AND EDUCATION SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS

Hall stated that the Information and Education Subcommittee met just prior to the Board Meeting.

Hall moved the Information and Education Subcommittee’s recommendation that the Board of Directors approve the Outdoor Classroom application from Christ’s Kids Child Care in the amount of $2,000. The motion was approved.

AYE: Babcock, Barger, Case, Hall, Hammer, Hayes, Hergenrader, Jacobson, Landis, Nielsen, Petersen, Potter, Reitan, Samuelson Svoboda and Swanson

NAY: None

NOT PRESENT: Andersen, Larrick, Osborn and Zimmerman

ITEM 12. REPORT OF THE PLATTE RIVER SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS

Babcock stated that the Platte River Subcommittee met on August 18, 2009.

General Manager Johnson indicated that due to the deadline the application had been submitted to the Nebraska Environmental Trust and requested that the Board vote to affirm that action.

Babcock moved the Platte River Subcommittee’s recommendation that the Board of Directors approve that the Lower Platte South NRD serve as the applicant on behalf of the Lower Platte River Corridor Alliance for the submission of a proposal to the Nebraska Environmental Trust in partnership with the USGS to fund the development and delivery of real-time contaminant predictions on the lower Platte River. The motion was approved.

AYE: Babcock, Barger, Case, Hall, Hammer, Hayes, Hergenrader, Jacobson, Landis, Nielsen, Petersen, Potter, Reitan, Samuelson Svoboda and Swanson

NAY: None

NOT PRESENT: Andersen, Larrick, Osborn and Zimmerman

Babcock moved that Platte River Subcommittee’s recommendation that the Board of Directors approve the Interlocal Cooperative Agreement with Papio-Missouri River NRD and Lower Platte North NRD for the management of Phragmites on the lower Platte River. The motion was approved.

AYE: Babcock, Barger, Case, Hall, Hammer, Hayes, Hergenrader, Jacobson, Landis, Nielsen, Petersen, Potter, Reitan, Samuelson Svoboda and Swanson

NAY: None

NOT PRESENT: Andersen, Larrick, Osborn and Zimmerman

Babcock moved the Platte River Subcommittee’s recommendation that the Board of Directors approve the second addendum to the Interlocal Cooperative Act Agreement for Platte River Ice Jam Removal with Papio-Missouri River NRD, Lower Platte North NRD and the counties of Cass, Douglas, Sarpy and Saunders. The motion was approved.

AYE: Babcock, Barger, Case, Hall, Hammer, Hayes, Hergenrader, Jacobson, Landis, Nielsen, Petersen, Potter, Reitan, Samuelson Svoboda and Swanson

NAY: None

NOT PRESENT: Andersen, Larrick, Osborn and Zimmerman

It was moved by Babcock and seconded by Svoboda that the Board of Directors approve the amendment to the Funding Agreement with USGS to decrease the contribution amount of the Lower Platte South NRD by $4,450. The motion was approved.

AYE: Babcock, Barger, Case, Hall, Hammer, Hayes, Hergenrader, Jacobson, Landis, Nielsen, Petersen, Potter, Reitan, Samuelson Svoboda and Swanson

NAY: None

NOT PRESENT: Andersen, Larrick, Osborn and Zimmerman

Jacobson announced that Items 12.5(c) would be taken up after Item 13 as it requires going into closed session.

ITEM 10.5. REPORT OF THE WATER RESOURCES SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS.

Jacobson reported that the Water Resources Subcommittee met on Wednesday, August 19, 2009 and on Tuesday, August 15, 2009.

Don Olson asked questions of the Board.

Jacobson moved the Water Resources Subcommittee’s recommendation that the Board of Directors approve authorize the General manager to file, on behalf of the NRD, an improper irrigation runoff complaint on the N½ of the SW¼ of the SW¼ of the NW¼ of Section 34, T-13-N, R-5-E, Saunders County. The Board also authorizes the General Manager to appoint an investigator, compliance officer and designation the Water Resources Subcommittee to serve as the Committee for this complain . The motion was approved.

AYE: Babcock, Barger, Case, Hall, Hammer, Hayes, Hergenrader, Jacobson, Landis, Nielsen, Petersen, Potter, Reitan, Samuelson Svoboda and Swanson

NAY: None

NOT PRESENT: Andersen, Larrick, Osborn and Zimmerman

Jacobson moved the Water Resources Subcommittee’s recommendation that the Board of Directors approve the Water Meter application from Leonard Benes in the amount of $675, the Fertilizer Meter application from Bernie Heier in the amount of $1,900 and to authorize the General Manager to approve additional applications for the Fertilizer Flow Meter and Water Meter cost-share programs up to the FY10 budgeted amount for the district-wide and Lower Salt Creek Ground Water Reservoir Phase II Areas and direct staff to report those additional approvals to the Water Resources Subcommittee. The motion was approved.

AYE: Babcock, Barger, Case, Hall, Hammer, Hayes, Hergenrader, Jacobson, Landis, Nielsen, Petersen, Potter, Reitan, Samuelson Svoboda and Swanson

NAY: None

NOT PRESENT: Andersen, Larrick, Osborn and Zimmerman

Jacobson moved the Water Resources Subcommittee’s recommendation that the Board of Directors approve the Cooperative Agreement with Alan and Laurel Baade for the Hickman Well Pump Test. The motion was approved.

AYE: Babcock, Barger, Case, Hall, Hammer, Hayes, Hergenrader, Jacobson, Landis, Nielsen, Petersen, Potter, Reitan, Samuelson Svoboda and Swanson

NAY: None

NOT PRESENT: Andersen, Larrick, Osborn and Zimmerman

Jacobson moved the Water Resources Subcommittee’s recommendation that the Board of Directors submit the Municipal Ground Water Offsets resolution to the NARD for consideration at the NARD Annual Conference. The motion was approved.

AYE: Babcock, Barger, Case, Hall, Hayes, Hergenrader, Jacobson, Landis, Nielsen, Petersen, Potter, Reitan, Samuelson Svoboda and Swanson

NAY: Hammer

NOT PRESENT: Andersen, Larrick, Osborn and Zimmerman

A presentation was given by Dick Ehrman on the Weeping Water and Otoe County RWD #3 Ground Water Quality Verification Studies.

ITEM 13. UPDATE ON ENWRA STUDIES

Dana Divine gave an update on studies performed by the Eastern Nebraska Water Resources Assessment (ENWRA).

It was moved by Jacobson and seconded by Svoboda to go into Closed Session at 9:05 p.m. to protect the public interest and develop strategy with respect to the negotiations related to the acquisition of easements required for the rehabilitation of Upper Salt Dam 35-A. The motion was approved.

AYE: Babcock, Barger, Case, Hall, Hammer, Hayes, Hergenrader, Jacobson, Landis, Nielsen, Petersen, Potter, Reitan, Samuelson Svoboda and Swanson

NAY: None

NOT PRESENT: Andersen, Larrick, Osborn and Zimmerman

It was moved by Petersen and seconded by Samuelson to return to Open Session at 9:25 p.m. The motion was approved.

AYE: Babcock, Barger, Case, Hall, Hammer, Hayes, Hergenrader, Jacobson, Landis, Nielsen, Petersen, Potter, Reitan, Samuelson Svoboda and Swanson

NAY: None

NOT PRESENT: Andersen, Larrick, Osborn and Zimmerman

It was moved by Jacobson and seconded by Landis to accept staff recommendations regarding Landrights for Upper Salt 35-A Rehabilitation. The motion was approved.

AYE: Babcock, Barger, Case, Hall, Hammer, Hayes, Hergenrader, Jacobson, Landis, Nielsen, Petersen, Potter, Reitan, Samuelson Svoboda and Swanson

NAY: None

NOT PRESENT: Andersen, Larrick, Osborn and Zimmerman

ITEM 13.5 NARD ANNUAL CONFERENCE AND PROPOSED RESOLUTIONS.

Johnson briefly outlined the resolutions to be discussed at the upcoming NARD Annual Conference in Kearney on September 28 & 29, 2009.

ITEM 14. PERMIT AND PROGRAM APPROVALS

A report of permit and program approvals was distributed.

ITEM 15. SCHEDULE OF UPCOMING EVENTS AND ACTIVITIES.

A schedule of upcoming events and activities was mailed out.

ITEM 16. FOR INFORMATION ONLY.

Various memos were mailed out.

There being no other business, the meeting was adjourned at 9:35 p.m.

The undersigned, the duly elected and acting Secretary of the Lower Platte South Natural Resources District (the "District"), hereby certifies that the foregoing is a true and correct copy of the minutes of the meeting of the Board of Directors of the District held on September 16, 2009, that all of the matters and subjects discussed at the meeting were contained in the agenda for the meeting, kept continually current and readily available for public inspection at the principal office of the District during normal business hours, and except for items of an emergency nature, the agenda was not altered later than twenty-four (24) hours before the scheduled commencement of the meeting; that at least one copy of all reproducible material discussed at the meeting was available at the meeting for examination and copying by members of the public; that the above minutes were in written form and available for public inspection within ten working days or prior to the next convened meeting, whichever occurred earlier; and, that reasonable efforts were made to provide all news media requesting notification of the meeting and of the time and place of said meeting and the subjects to be discussed at said meeting.

_________________________________ William R. Barger, Secretary

/dr

BOARD OF DIRECTORS' MEETING

July 22, 2009

The Board of Directors of the Lower Platte South Natural Resources District met on Wednesday, July 22, 2009 at 7:00 p.m., at the Lower Platte South NRD office, 3125 Portia, Lincoln, Nebraska. Directors present were Andersen, Barger, Case, Hall, Hammer, Hergenrader, Jacobson, Landis, Nielsen, Osborn, Petersen, Potter, Reitan, Samuelson, Svoboda, Swanson and Zimmerman. Case called the meeting to order at 7:00 p.m.

ITEM 1. ROLL CALL OF DIRECTORS.

Seventeen Directors were present upon roll call.

ITEM 2. PUBLICATION OF LEGAL NOTICE OF MEETING.

Case reported that the legal notice for the Directors' Meeting was published in the Lincoln Journal Star on July 3, 2009.

ITEM 3. ANNOUNCE PUBLIC MEETINGS LAW POSTER AND PROHIBITION OF CONCEALED WEAPONS

ITEM 4. CONSIDERATION OF DIRECTORS’ ABSENCES.

Case stated that requests for excused absences were received from Russell Barger for the June 17, 2009 Board of Directors meeting and Jason Hayes and Steve Larrick for the July 22, 2009 Board of Directors meeting.

It was moved by Potter and seconded by Reitan to approve the requests for excused absences from Russell Barger for the June 17, 2009 Board of Directors meeting and Jason Hayes and Steve Larrick for the July 22, 2009 Board of Directors meeting. The motion was approved.

AYE: Andersen, Case, Hall, Hammer, Hergenrader, Jacobson, Landis, Nielsen, Osborn, Petersen, Potter, Reitan, Samuelson Svoboda, Swanson and Zimmerman

ABSTAIN: Barger

NAY: None

NOT PRESENT: Babcock, Hayes and Larrick

ITEM 5. ADOPT REVISED AGENDA.

It was moved by Landis and seconded by Hergenrader to approve the Revised Agenda. The motion was approved.

AYE: Andersen, Barger, Case, Hall, Hammer, Hergenrader, Jacobson, Landis, Nielsen, Osborn, Petersen, Potter, Reitan, Samuelson Svoboda, Swanson and Zimmerman

NAY: None

NOT PRESENT: Babcock, Hayes and Larrick

ITEM 6. PUBLIC COMMENTS ON NON-AGENDA ITEMS.

No one addressed the Board on non-agenda items.

ITEM 7. APPROVE MINUTES OF JUNE 17, 2009 BOARD OF DIRECTORS MEETING.

It was moved by Zimmerman and seconded by Hall to approve the minutes of the June 17, 2009 Board of Directors meeting. The motion was approved.

AYE: Andersen, Case, Hall, Hammer, Hergenrader, Jacobson, Landis, Nielsen, Osborn, Petersen, Reitan, Samuelson Svoboda, Swanson and Zimmerman

ABSTAIN: Barger and Potter

NAY: None

NOT PRESENT: Babcock, Hayes and Larrick

ITEM 8. FINANCIAL REPORT JULY 1, 2008 THROUGH JUNE 30, 2009, CONSIDERATION OF BUDGET ACCOUNT OVERAGES FOR JUNE AND CONSIDERATION OF PUBLICATION OF EXPENDITURES FOR JUNE 2009.

Hergenrader indicated that the final reports for the period July 1, 2008 through June 30, 2009 had been distributed. She also stated that the Finance and Planning Subcommittee met on July 8, 2009 and July 15, 2009.

Hergenrader moved the Finance and Planning Subcommittee’s recommendation that the Board of Directors approve the Budget Expenditure Account Overages for June 2009 in the following accounts: 447065 Homestead Trail; 447070 Oak Creek Channel O&M, and 439125 Salt Creek O&M. The motion was approved.

AYE: Andersen, Barger, Case, Hall, Hammer, Hergenrader, Jacobson, Landis, Nielsen, Osborn, Petersen, Potter, Reitan, Samuelson Svoboda, Swanson and Zimmerman

NAY: None

NOT PRESENT: Babcock, Hayes and Larrick

It was moved by Hergenrader and seconded by Andersen to approve the financial reports and to publish the expenditures for June 2009. The motion was approved.

AYE: Andersen, Barger, Case, Hall, Hammer, Hergenrader, Jacobson, Landis, Nielsen, Osborn, Petersen, Potter, Reitan, Samuelson Svoboda, Swanson and Zimmerman

NAY: None

NOT PRESENT: Babcock, Hayes and Larrick

ITEM 9. REPORT OF FINANCE AND PLANNING SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS.

Hergenrader moved the Finance and Planning Subcommittee’s recommendation that the Board of Directors give tentative approval of the Draft #2 FY 2010 Budget of Expenditures, totaling $28,664,822 as proposed, for presentation at the Budget Public Hearing.

It was moved by Andersen and seconded by Jacobson to amend the motion by removing line item 439015, Lobbyist retainer and fees, and put the budgeted $35,000 for that line item into the cash reserve. The motion was approved

AYE: Andersen, Case, Hall, Hammer, Hergenrader, Landis, Nielsen, Osborn, Petersen, Samuelson Svoboda, and Zimmerman

NAY: Barger, Jacobson, Potter, Reitan and Swanson

NOT PRESENT: Babcock, Hayes and Larrick

It was moved by Landis and seconded by Zimmerman to amend the motion by designating $35,000 in the cash reserve for unspecified professional services. The motion was approved.

AYE: Case, Hammer, Hergenrader, Landis, Nielsen, Potter, Reitan, Samuelson Svoboda, and Swanson

NAY: Andersen, Barger, Hall, Jacobson, Osborn, Petersen and Zimmerman

NOT PRESENT: Babcock, Hayes and Larrick

The amended motion to approve Draft #2 FY2010 Budget of Expenditures, totaling $28,664,822 as amended by removing line item 439015, Lobbyist retainer and fees in the amount of $35,000, placing the $35,000 into the cash reserve, and designating $35,000 in the cash reserve for unspecified professional services.

AYE: Andersen, Barger, Case, Hall, Hammer, Hergenrader, Jacobson, Landis, Nielsen, Osborn, Petersen, Potter, Reitan, Samuelson Svoboda, Swanson and Zimmerman