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.

BOARD OF DIRECTORS' MEETING
April 16, 2008

The Board of Directors of the Lower Platte South Natural Resources District met on Wednesday, April 16, 2008 at 7:00 p.m., at the Lower Platte South NRD office, 3125 Portia, Lincoln, Nebraska. Directors present were Andersen, Babcock, Barger, Case, Hall, Hammer, Hayes, Landis, Larrick, Nielsen, Petersen, Potter, Reitan, Samuelson, Steinkruger, Svoboda, and Swanson. Case called the meeting to order at 7:00 p.m.

ITEM 1. ROLL CALL OF DIRECTORS.

Sixteen Directors were present upon roll call. Babcock 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 April 4, 2008.

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.

ITEM 4. CONSIDERATION OF DIRECTORS’ ABSENCES.

Case stated that a request for an excused absence was received from Svoboda for the March 19, 2008 Board of Directors meeting and from Hergenrader, Yates and Zimmerman for the April 16, 2008 Board of Directors meeting. It was moved by Landis and seconded by Potter to accept the requests for excused absence from Svoboda for the March 19, 2008 Board of Directors meeting and from Hergenrader, Yates and Zimmerman for the April 16, 2008 Board of Directors meeting. The motion was approved.

AYE: Andersen, Barger, Case, Hall, Hammer, Hayes, Landis, Larrick, Nielsen, Petersen, Potter, Reitan, Samuelson, Steinkruger, and Swanson
NAY: None
ABSTAIN: Svoboda
NOT PRESENT: Babcock, Hergenrader, Jacobson, Yates and Zimmerman
ITEM 5. ADOPT REVISED AGENDA.

It was moved by Hayes and seconded by Svoboda to approve the agenda. The motion was approved.

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

ITEM 6. PUBLIC COMMENTS ON NON-AGENDA ITEMS.

No one from the public addressed the Board

ITEM 7. APPROVE MINUTES OF MARCH 19, 2008 BOARD OF DIRECTORS MEETING.

It was moved by Larrick and seconded by Hayes to approve the minutes of the March 19, 2008 Board of Directors Meeting. The motion was approved.

Chairman Case deferred Agenda Items 8 and 9 to later in the meeting.

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

Reitan stated that the Recreation, Forestry and Wildlife Subcommittee met on Wednesday, April 9, 2008.

Reitan moved the Recreation, Forestry and Wildlife Subcommittee’s recommendation that the Board of Directors enter into the professional services agreement with the Big Muddy Workshop for design engineering for the RTP Motocross project not to exceed $117,255.00 subject to legal counsel review. The motion was approved.

AYE: Andersen, Barger, Case, Hall, Hammer, Hayes, Landis, Nielsen, Petersen, Reitan, Samuelson, Steinkruger, Svoboda, and Swanson
NAY: Larrick and Potter
NOT PRESENT: Babcock, Hergenrader, Jacobson, Yates and Zimmerman
Reitan moved the Recreation, Forestry and Wildlife Subcommittee’s recommendation that the Board of Directors enter into the RTP Project Agreement with the Nebraska Game and Parks Commission for the Motocross Project subject to legal counsel review. The motion was approved.

Reitan moved the Recreation, Forestry and Wildlife Subcommittee’s recommendation that the Board of Directors agree to share 50% of the cost with the Village of Eagle to develop the MoPac East Trailhead with the District’s share not to exceed $35,201.00. The motion was approved.

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

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

Hayes stated that the Urban subcommittee met prior to the Board meeting.

Hayes moved the Urban Subcommittee’s recommendation that the Board of Directors approve the proposed professional services for the Stevens Creek Stream Stability Project #13 at 98th and Van Dorn from Johnson Appraisal LLC for appraisal services and Midwest Right of Way Services, Inc. for landrights / easement acquisition services. The motion was approved.

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

Hayes moved the Urban Subcommittee’s recommendation that the Board of Directors approve the proposed professional services agreement with Richard K. Sutton, Landscape Architect for the Conservation Easement Revegetation project, pending legal counsel review and approval. The motion was approved.

ITEM 8. FINANCIAL REPORT JULY 1, 2007 THROUGH MARCH 31, 2008 AND CONSIDERATION OF PUBLICATION OF EXPENDITURES FOR MARCH 2008.

Babcock noted that financial reports for the period July 1, 2007 through March 31, 2008 had been distributed.

It was moved by Babcock and seconded by Andersen to approve the financial reports and publish the expenditures for March 2008. The motion was approved.

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

Babcock stated that the Finance and Planning Subcommittee met on Thursday, April 8, 2008. She stated that no action was necessary on the Finance and Planning Subcommittee agenda item and briefly outlined the schedule for FY2009 Budget and LRIP, revisions to the Budget format and plans to update the Master Plan.

ITEM 12. REPORT OF INFORMATION AND EDUCATION SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS.

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

Hall moved the Information and Education Subcommittee recommendation that the Board of Directors approve the Outdoor Classroom Grant requests from Prescott Elementary School in Lincoln and from Conestoga Junior/Senior High School in Murray in the amount of $2,000.00 for each school. The motion was approved.

ITEM 13. REPORT OF THE LAND RESOURCES SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS

Samuelson stated that the following cost-share applications were considered for approval.

County	Name	Practice	Amount
CA	Boyd Family limited Partnership	summer conservation	$3,000
CA	John Rohwer	summer conservation	$7,000
LA	Burd Farms Inc.	summer conservation	$7,000
LA	Terry Meisinger	waterways	$2,898
SA	Ruth Radenglaben	summer conservation	$4,813
LA	Charles Reddish & Judith Wayman	summer conservation	$7,000
LA	Terry Reetz	summer conservation	$7,000
LA	Robert Retzlaff	summer conservation	$7,000
BU	David Rezac	summer conservation	$5,146
SA	Philip J. Rezac	summer conservation	$6,833
LA	Helen Vannoy Trust	summer conservation	$7,000
LA	Edna M. Wolph	summer conservation	$4,000
		Total	$68,690

It was moved by Samuelson and seconded by Potter that the Board of Directors approve the cost-share applications for water quality practices. The motion was approved.

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

Larrick stated that the Water Resources Subcommittee met just prior to the board meeting.

Larrick moved the Water Resources Subcommittee’s recommendation that the Board of Directors approve Amendment No. 1 to the existing Project Agreements with USDA/NRCS for the rehabilitation of Upper Salt Structure 10-A/Hedgefield and Upper Salt structures 19-B and 35-A. The motion was approved.

Larrick moved the Water Resources Subcommittee’s recommendation that the Board of Directors obligate $2,000 for Irrigation Water Best Management Practices on the Steve Althouse farms near Waverly. The motion was approved.

ITEM 15. REPORT ON 2008 LEGISLATIVE SESSION

Johnson stated that the Legislature will adjourn on Thursday, April 17, 2008. He reported on the status of bills of interest to the NRD.

ITEM 16. SCHEDULE OF UPCOMING EVENTS AND ACTIVITIES.

A schedule of upcoming events and activities was mailed out.

ITEM 17. FOR INFORMATION ONLY.

Various memos were mailed out.

There being no other business, the meeting was adjourned at 7:58 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 April 16, 2008, 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
March 19, 2008

The Board of Directors of the Lower Platte South Natural Resources District met on Wednesday, March 19, 2008 at 7:00 p.m., at the Lower Platte South NRD office, 3125 Portia, Lincoln, Nebraska. Directors present were Andersen, Babcock, Barger, Case, Hall, Hammer, Hayes, Hergenrader, Jacobson, Landis, Larrick, Nielsen, Petersen, Potter, Reitan, Samuelson, Steinkruger, Swanson, Yates and Zimmerman. Case called the meeting to order at 7:00 p.m.

ITEM 1. ROLL CALL OF DIRECTORS.

Nineteen Directors were present upon roll call. Hayes 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 February 29, 2008.

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 Steinkruger for the February 20, 2008 Board of Directors meeting. It was moved by Potter and seconded by Andersen to accept the request for excused absence from Steinkruger for the February 20, 2008 Board of Directors meetings. The motion was approved.

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

ITEM 5. STAFF EMPLOYMENT ANNIVERSARY RECOGNITION

General Manager Glenn Johnson announced that Tom Malstrom, a city employee working with the Saline Wetland Conservation Partnership and housed at the NRD had been in that position for 5 years and Mike Mascoe the Information Specialist had been with the District for 10 years.

ITEM 6. ADOPT REVISED AGENDA.

It was moved by Zimmerman and seconded by Nielsen to approve the agenda. The motion was approved.

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

ITEM 7. PUBLIC COMMENTS ON NON-AGENDA ITEMS.

No one from the public addressed the Board

ITEM 8. APPROVE MINUTES OF FEBRUARY 20, 2008 BOARD OF DIRECTORS MEETING.

It was moved by Hergenrader and seconded by Zimmerman to approve the minutes of the February 20, 2008 Board of Directors Meeting. The motion was approved.

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

ITEM 9. FINANCIAL REPORT JULY 1, 2007 THROUGH FEBRUARY 29, 2008 AND CONSIDERATION OF PUBLICATION OF EXPENDITURES FOR FEBRUARY 2008.

Babcock noted that financial reports for the period July 1, 2007 through February 29, 2008 had been distributed.

It was moved by Babcock and seconded by Andersen to approve the financial reports and publish the expenditures for February 2008. The motion was approved.

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

Samuelson stated that the following cost-share applications were considered for approval.

County	Name	Practice	Amount
CA	Don E. Bornemeier	summer conservation	$7,000
CA	Amy Cook	native grass seeding	$313
CA	Erickson Sisters Ptnr	summer conservation	$7,000
CA	Reuben Luetchens	summer conservation	$7,000
CA	Richard A. Meyer	summer conservation	$7,000
CA	Ronald Thoms	summer conservation	$7,000
CA	Lloyd Vogler	waterways	$1,884
LA	Carol A. Irons	native grass seeding	$712
SE	BJM Beckman Farms LLC	Salt Valley Lakes – Pawnee summer cons.	$5,860
LA	Vicki A. Bourg	Salt Valley Lakes – Pawnee summer cons.	$14,038
LA	Elwood Lostroh	Salt Valley Lakes – Pawnee summer cons.	$2,734
LA	Vicki A. Bourg	summer conservation	$7,000
LA	Cornhusker Liquifeed Company	summer conservation	$7,000
LA	Lynn Freye	waterways	$1,042
LA	Margorie Freye	waterways	$1,042
LA	Larry Hartman / Mary Hartman Estate	summer conservation	$7,000
BU	Jerry Hofpar	summer conservation	$6,506
LA	Elmer Kubicek	summer conservation	$7,000
BU	Gerald Kudlacek	summer conservation	$6,976
LA	Ivan Kring	waterways	$1,090
LA	Donald E. Mitchell	summer conservation	$7,000
LA	Vicki A. Nielsen Rev. Lvg Trust	summer conservation	$7,000
LA	Harold Parde	summer conservation	$2,000
LA	Richard J. & Tamara A. Rasby	summer conservation	$7,000
LA	Studebaker Farms Inc	waterways	$1,119
LA	Upland Revocable Trust	waterways	$530
LA	Alan & Susan Yates	summer conservation	$2,879
		TOTAL	$147,725

It was moved by Samuelson and seconded by Jacobson that the Board of Directors approve the cost-share applications for water quality practices. The motion was approved.

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

ITEM #11 REPORT OF THE WATER RESOURCES SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS

Jacobson stated that the Water Resources Subcommittee met just prior to the board meeting.

Jacobson moved the Water Resources Subcommittee’s recommendation that the Board of Directors approve the revised Ground Water Reservoir boundaries. The motion was approved.

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

Hayes stated that the Urban Subcommittee met on Tuesday, March 18, 2008.

Hayes moved the Urban Subcommittee’s recommendation that the Board of Directors approve Cass County SID #1’s request for 50% funding assistance through the NRD’s Community Assistance Program on the construction and construction observation costs to build the Cass County SID #1 Levee project, with NRD assistance not to exceed $75,000. The motion was approved.

AYE: Andersen, Babcock, Barger, Case, Hammer, Hayes, Hergenrader, Jacobson, Landis, Larrick, Nielsen, Petersen, Potter, Samuelson, Steinkruger, Swanson, Yates and Zimmerman
NAY: Hall and Reitan
NOT PRESENT: Svoboda

Hayes moved the Urban Subcommittee’s recommendation that the Board of Directors direct staff to inform Lincoln Water System that the NRD declines their request to provide financial assistance with the decommissioning of the Rice Well. The motion was approved.

Hayes moved the Urban Subcommittee’s recommendation that the Board of Directors approve the Stevens Creek Stream Stability Project #13 at 98th & Van Dorn and authorize the acquisition of the easements to construct, operate and maintain the project. The motion was approved.

Hayes moved the Urban Subcommittee’s recommendation that the Board of Directors approve the acceptance of the Deadman’s Run easement through East Campus from the University of Nebraska - Lincoln. The motion was approved.

Hayes moved the Urban Subcommittee’s recommendation that the Board of Directors approve the release of the existing easements over a portion of Lots 33 and 52 in Section 24, T-10-N, R-6-E that are no longer needed for the Antelope Creek channel. The motion was approved.

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

ITEM 13. REPORT OF RECREATION, FORESTRY & WILDLIFE SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS.

Reitan stated that the Recreation, Forestry & Wildlife Subcommittee met just prior to the Board meeting.

Reitan moved the Recreation, Forestry & Wildlife Subcommittee’s recommendation that the Board of Directors enter into an agreement with the State of Nebraska to construct a concrete pedestrian and bicycle connecting trail and protective undercrossing along the Salt Creek Levee in the area of 1st and “J” Street in Lincoln and the board approves the Resolution for the project which states that the District agrees to place in its fiscal budget the amount of $52,550 to construct the project. (The local cost-share match is split on a 50/50 basis with the Lincoln Lancaster County Railroad Transportation Safety District, plus a $5,000 pledge from the Great Plains Trails Network.) The motion was approved.

ITEM 14 REPORT OF THE STEVENS CREEK SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS.

Andersen stated that the Stevens Creek Subcommittee met on Monday, March 17, 2008.

Andersen moved the Stevens Creek Subcommittee’s recommendation that the Board of Directors approve that the NRD collects liquidated damages from the contractor in the amount of all additional professional engineering services costs and NRD administration costs due to the additional time to construct the Waterford Dam in the Stevens Creek Watershed. The motion was approved.

AYE: Andersen, Babcock, Barger, Case, Hall, Hammer, Hayes, Hergenrader, Jacobson, Landis, Larrick, Nielsen, Petersen, Potter, Reitan, Samuelson, Swanson, Yates and Zimmerman
NAY: Steinkruger
NOT PRESENT: Svoboda

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 7:45 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 March 19, 2008, 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.

_________________________________ Kristin Yates, Secretary
/dr

BOARD OF DIRECTORS' MEETING
February 20, 2008

The Board of Directors of the Lower Platte South Natural Resources District met on Wednesday, February 20, 2008 at 2:00 p.m., at the Lower Platte South NRD office, 3125 Portia, Lincoln, Nebraska. Directors present were Andersen, Babcock, Barger, Case, Hall, Hammer, Hayes, Hergenrader, Jacobson, Landis, Larrick, Nielsen, Petersen, Reitan, Samuelson, Svoboda, Swanson, Yates and Zimmerman. Case called the meeting to order at 2:05 p.m.

ITEM 1. ROLL CALL OF DIRECTORS.

Eighteen Directors were present upon roll call. Petersen 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 February 4, 2008.

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 Potter for the February 20, 2008 and from Landis for the January 16, 2008 Board of Directors meeting. It was moved by Svoboda and seconded by Swanson to accept the requests for excused absences from Potter for the February 20, 2008 and from Landis for the January 16, 2008 Board of Directors meetings. The motion was approved.

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

ITEM 5. ADOPT REVISED AGENDA.

It was moved by Hayes and seconded by Babcock to approve the revised agenda. The motion was approved.

ITEM 6. PUBLIC COMMENTS ON NON-AGENDA ITEMS.

No one from the public addressed the Board

ITEM 7. APPROVE MINUTES OF JANUARY 16, 2007 BOARD OF DIRECTORS MEETING.

It was moved by Landis and seconded by Samuelson to approve the minutes of the January 16, 2008 Board of Directors Meeting. The motion was approved.

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

ITEM 8. FINANCIAL REPORT JULY 1, 2007 THROUGH JANUARY 31, 2008 AND CONSIDERATION OF PUBLICATION OF EXPENDITURES FOR JANUARY 2008.

Babcock noted that financial reports for the period July 1, 2007 through January 31, 2008 had been distributed.

It was moved by Babcock and seconded by Andersen to approve rove the financial reports and publish the expenditures for January 2008. The motion was approved.

ITEM 9. REPORT ON NEBRASKA INNOVATIVE ZONE COMMISSION ACTIVITIES.

Kathy McKillip with the Nebraska Innovative Zone Commission, Ellen Fitzsimmons with HDR and Steve Miller with Olsson Associates addressed the Board and gave a report on the activities of the Nebraska Innovative Zone Commission.

ITEM 10 REPORT OF THE URBAN SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS.

Hayes stated that the Urban subcommittee met on Thursday, February 7, 2008.

Hayes moved the Urban Subcommittee’s recommendation that the Board of Directors accept the low bid from Pester Grading, Inc. of Unadilla, NE in the amount of $121,856.50, for the Lynn Creek Stormwater Detention project, 9th and Adams Street, Lincoln, Nebraska. The motion was approved.

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

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

Reitan stated that the Recreation, Forestry and Wildlife Subcommittee met on Tuesday, February 12, 2008.

Reitan moved the Recreation, Forestry and Wildlife Subcommittee’s recommendation that the Board of Directors approve the YMCA Wright Park Community Forestry Program application to plant 90 trees with the District’s share not to exceed $7,905.00. The motion was approved.

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

It was moved by Reitan and seconded by Zimmerman to authorize staff and legal counsel to negotiate the terms of the lease with the Nebraska Department of Administrative Services for right-of-way for the Salt Creek Trail near North 14th Street. The motion was approved.

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

ITEM 11. REPORT OF THE LAND RESOURCES SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS

Samuelson stated that the Land Resources Subcommittee met on Monday, February 11, 2002.

Samuelson moved the Land Resources Subcommittee’s recommendation that the Board of Directors increase the NRD Private Sector Layout Program payment rate to 12 cents per linear foot. The motion was approved.

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

Samuelson moved the Land Resources Subcommittee’s recommendation that the Board of Directors approve the Cooperative Agreement Amendment #1 to the Wagon Train Watershed Plan Implementation, Grant #56-0352. The motion was approved.

Samuelson moved the Land Resources Subcommittee’s recommendation that the Board of Directors designate the entire Branched Oak, Pawnee, Wildwood, Meadowlark, Olive Creek and Yankee Hill Watersheds eligible for assistance to install BMP’s as NRD Targeted Areas for the Salt Valley Lakes Program. The motion was approved.

Samuelson moved the Land Resources Subcommittee’s recommendation that the Board of Directors approve the Farmpond Cost-share Program applications from Egger, Baxter, Luedtke, Group, Burcham, Strauss, Boyer, Newell and Morrison. The motion was approved.

AYE: Andersen, Barger, Case, Hammer, Hergenrader, Jacobson, Landis, Nielsen, Petersen, Reitan, Samuelson, Svoboda, Swanson, Yates and Zimmerman
NAY: Babcock, Hall and Larrick
NOT PRESENT: Hayes, Potter and Steinkruger

ITEM 11. REPORT OF THE WATER RESOURCES SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS.

Jacobson stated that the Water Resources Subcommittee met on Monday, February 18, 2008.

Jesse Korus gave a presentation on the 2007 Annual Ground Water Report.

Jacobson moved the Water Resources Subcommittee’s recommendation that the Board of Directors approve the Ground Water Management Area 2007 Annual Report. The motion was approved.

Jacobson moved the Water Resources Subcommittee’s recommendation that the Board of Directors approve the attached “Order Adopting Changes to the Lower Platte South NRD Rules and Regulations Pursuant to the Nebraska Ground Water Management and Protection Act. The motion was approved.

Jacobson moved the Water Resources Subcommittee’s recommendation that the Board of Directors approve the contract with Olsson Associates to install and decommission temporary observation wells for the Lower Salt Creek Ground Water Modeling Study aquifer test near Greenwood for $10,450, dependent upon legal counsel review. The motion was approved.

Jacobson moved the Water Resources Subcommittee’s recommendation that the Board of Directors support the application for Interrelated Water Management Plan Program Funds and obligate up to $110,000 of Lower Platte South NRD funds in FY2009 for this project. The motion was approved.

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

ITEM 14. REPORT OF EXECUTIVE SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS.

Case stated that the Executive Subcommittee met on January 30, 2008 and just prior to the Board meeting.

It was moved by Case and seconded by Andersen to adopt the positions on 2008 Legislation as recommended by the Executive Subcommittee. The motion was approved.

It was moved by Case and seconded by Samuelson that the March 19, 2008 Board of Directors meeting time be changed from 2:00 p.m. to 7:00 p.m. The motion was approved.

Case stated that the Koch v. Aupperle agenda item would require going into closed session and would be taken up at the end of the meeting.

ITEM 15 REPORT OF THE STEVENS CREEK SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS.

Andersen stated that the Stevens Creek Subcommittee met just prior to the board meeting.

Andersen moved the Stevens Creek Subcommittee’s recommendation that the Board of Directors approve the acceptance of the permanent easement and direct staff to release the existing temporary easement for the Waterford Dam Project, pending legal counsel and staff review. The motion was approved.

It was moved by Andersen and seconded by Petersen that the Board of Directors go into closed session at 4:06 p.m. to protect the public interest for the purpose of considering legal actions related to the Koch v. Aupperle lawsuit. The motion was approved

It was moved by Hammer and seconded by Hergenrader to return to open session at 4:28 p.m. The motion was approved.

Case moved the Executive Subcommittee’s recommendation that the Board of Directors not proceed with an appeal of the Cass County District Court judgment on damages related to the Koch v. Aupperle lawsuit. The motion was approved.

AYE: Babcock, Barger, Case, Hall, Hammer, Hergenrader, Larrick, Nielsen, Reitan, Yates and Zimmerman
NAY: Andersen, Jacobson, Landis, Petersen, Samuelson, Svoboda and Swanson
NOT PRESENT: Hayes, Potter and Steinkruger

ITEM 16. SCHEDULE OF UPCOMING EVENTS AND ACTIVITIES.

A schedule of upcoming events and activities was mailed out.

ITEM 17. FOR INFORMATION ONLY.

Various memos were mailed out.

There being no other business, the meeting was adjourned at 4:35 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 February 20, 2008, 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.

_________________________________ Kristin Yates, Secretary
/dr

BOARD OF DIRECTORS' MEETING
January 16, 2008

The Board of Directors of the Lower Platte South Natural Resources District met on Wednesday, January 16, 2008 at 2:00 p.m., at the Lower Platte South NRD office, 3125 Portia, Lincoln, Nebraska. Directors present were Andersen, Babcock, Case, Hall, Hammer, Hayes, Hergenrader, Jacobson, Larrick, Nielsen, Petersen, Potter Reitan, Samuelson, Steinkruger, Swanson and Yates. Case called the meeting to order at 2:00 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 January 4, 2008.

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 Barger, Svoboda and Zimmerman for the January 16, 2008 Board of Directors meeting. It was moved by Andersen and seconded by Hammer to accept the requests for excused absences from Barger, Svoboda and Zimmerman for the January 16, 2008 Board of Directors meeting. The motion was approved.

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

ITEM 5. ADOPT REVISED AGENDA.

It was moved by Samuelson and seconded by Jacobson to approve the tentative agenda. The motion was approved.

ITEM 6. PUBLIC COMMENTS ON NON-AGENDA ITEMS.

No one from the public addressed the Board

ITEM 7. APPROVE MINUTES OF DECEMBER 19, 2007 BOARD OF DIRECTORS MEETING.

It was moved by Hergenrader and seconded by Larrick to approve the minutes of the December 19, 2007 Board of Directors Meeting. The motion was approved.

ITEM 8. FINANCIAL REPORT JULY 1, 2007 THROUGH DECEMBER 31, 2007, CONSIDERATION OF PUBLICATION OF EXPENDITURES FOR DECEMBER 2007.

Potter noted that the Finance and Planning subcommittee met just prior to the meeting to discuss budget overruns in account 161050 and to combine the funds from Account 471096 with those in Account 161050. He further indicated that financial reports for the period July 1, 2007 through December 31, 2007 had been distributed.

It was moved by Potter and seconded by Andersen to approve budget overruns in Account 161050, combine the funds in Account 471096 with those in Account 161050 and to approve the financial reports and publish the expenditures for December 2007. The motion was approved.

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

Reitan stated that the Recreation, Forestry and Wildlife Subcommittee met on Wednesday, January 9, 2007.

Reitan moved the Recreation, Forestry and Wildlife Subcommittee’s recommendation that the Board of Directors authorize the General Manager to submit a letter with comments, as proposed, to the main office of the U.S. Fish and Wildlife Service and the Region VI office located in Grand Island on the Salt Creek Tiger Beetle Critical Habitat Designation. The motion was approved.

Reitan moved the Recreation, Forestry and Wildlife Subcommittee’s recommendation that the Board of Directors approve the Private Driveway Easement between David and Delores Downs and the District. The motion was approved.

Reitan moved the Recreation, Forestry and Wildlife Subcommittee’s recommendation that the Board of Directors approve the Village of Eagle’s temporary construction easement and permanent water main easement subject to legal counsel review. The motion was approved.

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

ITEM 10. REPORT OF THE WATER RESOURCES SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS

Jacobson stated that a public hearing was held last week with several members of the public and representatives from the NE Department of Natural Resources in attendance. He stated that no action would be taken at this time to give staff and the subcommittee time to review testimony given and requested changes.
ITEM 11. REPORT OF THE EXECUTIVE SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS.

Case stated that the Executive Subcommittee met on January 8, 2008.

Case moved the Executive Subcommittee’s recommendation that the Board of Directors approve the amended Personnel Policy No. 23: Family and Medical Leave. The motion was approved.

Case moved the Executive Subcommittee’s recommendation that the Board of Directors approve the amended Operating Policy No. G-3: Procedure for Hiring Consultants for Professional Services. The motion was approved.

Case moved the Executive Subcommittee’s recommendation that the Board of Directors approve the new Employment Agreement with the General Manager. The motion was approved.

Case moved the Executive Subcommittee’s recommendation that the Board of Directors approve the proposal from Capital City Concepts, LLC, in the amount of $8,250, plus expenses, to conduct a Comparability Study for Compensation of LPSNRD employees. The motion was approved.

General Manager Johnson gave an update on activities taken place related to the Lower Platte River Biological Opinion.

Case moved the Executive Subcommittee’s recommendation that the Board of Directors not approve the Interlocal Agreement to review the science on the draft Lower Platte River Biological Opinion. The motion was approved.

AYE: Babcock, Case, Hall, Hammer, Hergenrader, Larrick, Nielsen, Petersen, Potter, Reitan, Samuelson and Yates
NAY: Andersen, Hayes, Jacobson, Steinkruger and Swanson
NOT PRESENT: Barger, Landis, Svoboda and Zimmerman

ITEM 12. 2007 IN REVIEW AND OUTLOOK FOR 2008

General Manager Johnson stated that directors received a document reviewing projects undertaken in 2007 and the outlook for the NRD projects in 2008.

ITEM 13. REPORT OF NOMINATING SUBCOMMITTEE AND ELECTION OF OFFICERS AND NARD REPRESENTATIVES FOR 2008

Hammer reported that the Nominating Subcommittee was submitting the following slate of nominees for NRD officers and NARD Representative and Alternate for 2008

Chair Ron Case

Vice-Chair David Potter

Treasurer Marsha Babcock

Secretary Kristin Yates

NARD Representative Dan Steinkruger

NARD Alternate Doug Samuelson

General Counsel Steve Seglin conducted the election for the office of Chair. The subcommittee nomination of Case for Chair was placed on the floor. It was moved by Samuelson and seconded by Babcock that nominations cease.

Case was elected Chair on a secret ballot receiving 17 votes.

Seglin conducted the election for the office of Vice-Chair. The subcommittee nomination of Potter for Vice-Chair was placed on the floor. It was moved by Andersen and seconded by

Larrick that nominations cease.

Potter was elected Vice-Chair on a secret ballot receiving 17 votes.

Seglin conducted the election for the office of Treasurer. The subcommittee nomination of Babcock for Treasurer was placed on the floor. It was moved by Reitan and seconded by Petersen that nominations cease.

Babcock was elected Treasurer on a secret ballot receiving 17 votes.

Seglin conducted the election for the office of Secretary. The subcommittee nomination of Yates for Secretary was placed on the floor. It was moved by Swanson and seconded by Samuelson that nominations cease.

Yates was elected Secretary on a secret ballot receiving 17 votes.

Seglin conducted the election for the office of NARD Representative. The subcommittee nomination of Steinkruger for NARD Representative was placed on the floor. It was moved by Andersen and seconded by Babcock that nominations cease.

Steinkruger was elected NARD Representative on a secret ballot receiving 15 votes with 2 not voting.

Seglin conducted the election for the office of NARD Alternate. The subcommittee nomination of Samuelson for NARD Alternate was placed on the floor. It was moved by Petersen and seconded by Hayes that nominations cease.

Samuelson was elected NARD Alternate on a secret ballot receiving 16 votes.

It was moved by Hergenrader and seconded by Steinkruger to adopt the bank resolution authorizing the treasurer to sign financial documents. The motion was approved.

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.

Johnson indicated that the Legislature was in session and that the Executive Subcommittee would be meeting to make recommendations regarding positions of the Board on introduced legislation.

There being no other business, the meeting was adjourned at 3:30 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 19, 2007, 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.

_________________________________ Kristin Yates, Secretary
/dr

BOARD OF DIRECTORS' MEETING
December 19, 2007

The Board of Directors of the Lower Platte South Natural Resources District met on Wednesday, December 19, 2007 at 2:00 p.m., at the Lower Platte South NRD office, 3125 Portia, Lincoln, Nebraska. Directors present were Andersen, Babcock, Barger, Case, Hall, Hammer, Hayes, Hergenrader, Jacobson, Landis, Larrick, Nielsen, Petersen, Potter Reitan, Samuelson, Steinkruger, Svoboda, Swanson and Zimmerman. Zimmerman called the meeting to order at 2:00 p.m.

ITEM 1. ROLL CALL OF DIRECTORS.

Eighteen Directors were present upon roll call. Babcock and Landis arrived after roll call.

ITEM 2. PUBLICATION OF LEGAL NOTICE OF MEETING.

Zimmerman reported that the legal notice for the Directors' Meeting was published in the Lincoln Journal Star on December 1, 2007.

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

Zimmerman 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.

ITEM 4. CONSIDERATION OF DIRECTORS’ ABSENCES.

Zimmerman stated that a request for excused absence was received from Yates for the December 19, 2007 Board of Directors meeting. It was moved by Andersen and seconded by Svoboda to accept the request for excused absence from Yates for the December 19, 2007 Board of Directors meeting. The motion was approved.

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

ITEM 5. ADOPT REVISED AGENDA.

It was moved by Hergenrader and seconded by Petersen to approve the revised agenda. The motion was approved.

ITEM 6. RECOGNITION OF EMPLOYMENT ANNIVERSARY.

Glenn Johnson presented a recognition to Gary Znamenacek has been a supervisor for the Department of Corrections inmate crew assigned to the NRD, for his 5 years with the NRD.

ITEM 7. PUBLIC COMMENTS ON NON-AGENDA ITEMS.

Bud Dasenbrock addressed the board regarding purchasing land adjacent to Wilderness Park.

ITEM 8. APPROVE MINUTES OF NOVEMBER 14, 2007 BOARD OF DIRECTORS MEETING.

It was moved by Jacobson and seconded by Case to approve the minutes of the November 14, 2007 Board of Directors Meeting. The motion was approved.

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

ITEM 9. FINANCIAL REPORT JULY 1, 2007 THROUGH NOVEMBER 30, 2007, CONSIDERATION OF PUBLICATION OF EXPENDITURES FOR NOVEMBER 2007.

Potter noted that the financial reports for the period July 1, 2007 through November 30, 2007 had been distributed.

It was moved by Potter and seconded by Andersen to approve the financial reports and publish the expenditures for November 2007. The motion was approved.

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

ITEM 10. REPORT OF THE FINANCE AND PLANNING SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS.

Potter stated that the Urban Subcommittee met on Tuesday, December 11, 2007.

It was moved by Hergenrader and seconded by Samuelson to that the Board of Directors adopt the VISIONS, Desired Outcomes and Objectives as presented. The motion was approved.

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

Hayes stated that the Urban Subcommittee met on December 18, 2007. Devan Biesecker with the City of Lincoln and Pat O’Neill with CDM gave a report on the Deadmans Run Watershed Master Plan.

Hayes moved the Urban Subcommittee’s recommendation that the Board of Directors approve the Deadmans Run Watershed Master Plan and urge the Lincoln - Lancaster County Planning Commission and Lincoln City Council to also approve the plan. The motion was approved.

Hayes stated that the subcommittee voted to direct staff to write the Nebraska Department of Roads to obtain additional information on the tract of land for sale adjacent to Wilderness part, determine the future status of the property, indicate that the NRD is interested in discussing how the natural resources on that tract can be retained and request that the deadline set by NDOR be extended so the NRD could review options.

ITEM 12. REPORT OF INFORMATION AND EDUCATION SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS

Hall indicated that the subcommittee did not meet prior to the board meeting.

It was moved by Hammer and seconded by Larrick to approve the outdoor classroom grant for Meadowlane Elementary in the amount of $2,000. The motion was approved.

ITEM 13. REPORT OF LAND RESOURCES SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS

Samuelson stated that Land Resources Subcommittee met on December 18, 2007.

Samuelson moved the Land Resources Subcommittee’s recommendation that the Board of Directors approve the updated cost-share docket being presented by NRCS for use in our cost-share assistance programs. The motion was approved.

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

ITEM 14 REPORT OF WATER RESOURCES SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS

Jacobson stated that the Water Resources Subcommittee met just prior to the Board meeting.

It was moved by Jacobson and seconded by Andersen that the Board of Directors go into closed session at 3:40 p.m. to protect the public interest for the purpose of considering appraisals and negotiations related to the acquisition of easements required from landowners for the Upper Salt 10A/Hedgefield project. The motion was approved

It was moved by Petersen and seconded by Hayes to return to open session at 3:45 p.m. The motion was approved.

Jacobson moved that the Board of Directors accept the Water Resources Subcommittee’s recommendation regarding the Upper Salt 10A/Hedgefield land rights negotiations. The motion was approved.

ITEM 15. APPOINTMENT OF NOMINATIONS SUBCOMMITTEE

Chair Zimmerman announced that he has appointed Ron Svoboda, Elaine Hammer and Marsha Babcock to the Nominations Committee. They will meet and recommend nominees for the positions of Chair, Vice Chair, Secretary, Treasurer, NARD Representative and Alternate NARD Representative for 2008.

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 3:55 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 December 19, 2007, 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
November 14, 2007

The Board of Directors of the Lower Platte South Natural Resources District met on Wednesday, November 14, 2007 at 7:00 p.m., at the Lower Platte South NRD office, 3125 Portia, Lincoln, Nebraska. Directors present were Barger, Case, Hall, Hammer, Hayes, Hergenrader, Jacobson, Landis, Larrick, Nielsen, Petersen, Reitan, Samuelson, Steinkruger, Svoboda, Swanson, Yates and Zimmerman. Zimmerman called the meeting to order at 7:00 p.m.

ITEM 1. ROLL CALL OF DIRECTORS.

Fifteen Directors were present upon roll call. Barger, Hayes and Petersen arrived after roll call.

ITEM 2. PUBLICATION OF LEGAL NOTICE OF MEETING.

Zimmerman reported that the legal notice for the Directors' Meeting was published in the Lincoln Journal Star on October 25, 2007.

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

ITEM 4. CONSIDERATION OF DIRECTORS’ ABSENCES.

Zimmerman stated that requests for excused absences were received from Andersen, Babcock and Potter for the November 14, 2007 Board of Directors meeting. It was moved by Svoboda and seconded by Larrick to accept the requests for excused absences from Andersen, Babcock and Potter for the November 14, 2007 Board of Directors meeting. The motion was approved.

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

ITEM 5. ADOPT REVISED AGENDA.

It was moved by Hergenrader and seconded by Swanson to approve the revised agenda. The motion was approved.

ITEM 6. PUBLIC COMMENTS ON NON-AGENDA ITEMS.

No one from the public addressed the Board.

ITEM 7. APPROVE MINUTES OF OCTOBER 17, 2007 BOARD OF DIRECTORS MEETING.

It was moved by Hammer and seconded by Case to approve the minutes of the October 17, 2007 Board of Directors Meeting. The motion was approved.

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

ITEM 8. FINANCIAL REPORT JULY 1, 2007 THROUGH OCTOBER 31, 2007, CONSIDERATION OF PUBLICATION OF EXPENDITURES FOR OCTOBER 2007.

Hergenrader noted that the financial reports for the period July 1, 2007 through October 31, 2007 had been distributed.

It was moved by Hergenrader and seconded by Samuelson to approve the financial reports and publish the expenditures for October 2007. The motion was approved.

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

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

Hayes stated that the Urban Subcommittee met on Tuesday, November 13, 2007.

Hayes moved the Urban Subcommittee’s recommendation that the Board of Directors enter into the Interlocal Cooperative Agreement for the Beal Slough Flood Control Project near 14th Street. The motion was approved.

Hayes stated that the 2006-07 Annual Stormwater Program Report had been distributed.

ITEM 10. REPORT OF THE EXECUTIVE SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS.

Zimmerman stated that the Executive Subcommittee met just prior to the Board meeting. General Manager Glenn Johnson gave an overview of the changes to and concerns with the Lower Platte Basin Coalition Interlocal Agreement and some of the legal, technical, and policy issues that are in question.

Lynn Moorer and Jarel Vinduska addressed the Board with their concerns and urged the Board not to enter into the Interlocal Agreement.

Zimmerman moved the Executive Subcommittee’s recommendation that the Board of Directors not approve and enter into the Interlocal Agreement to form the Lower Platte Basin Coalition. The motion was approved.

AYE: Case, Hall, Hammer, Hayes, Hergenrader, Landis, Larrick, Nielsen, Petersen, Reitan, Samuelson, Steinkruger, Svoboda, Swanson and Yates
NAY: Barger, Jacobson and Zimmerman
NOT PRESENT: Andersen, Babcock and Potter

Zimmerman moved the Executive Subcommittee’s recommendation that the Board of Directors authorize staff to monitor the issues related to the draft Biological Opinion and the Not Fully Appropriated designation for the Lower Platte River Basin. The motion was approved.

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

ITEM 11. REPORT OF LAND RESOURCES SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS

Samuelson stated that there was one application for cost-share on water quality practices.

County Name Practice Amount
LA PCS Land Company Stevens Creek – Terraces $3,368.00
Total $3,368.00

It was moved by Samuelson and seconded by Svoboda to approve the surface water quality best management practice cost-share application in the amount of $3,368.00. The motion was approved.

ITEM 12 REPORT OF WATER RESOURCES SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS

Steinkruger stated that the Water Resources Subcommittee met on Tuesday, November 13, 2007.

Dan Schulz gave an overview of the revisions proposed to the Ground Water Rules and Regulations and the suggested changes by the subcommittee.

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 Ground Water Rules and Regulations including the suggested changes. The motion was approved.

Steinkruger stated that no action was required on Upper Salt 10A/Hedgefield landrights negotiations.

Steinkruger moved the Water Resources Subcommittee’s recommendation that the Board of Directors authorize the General Manager to approve the Well Decommissioning Cooperative Agreement with the City of Waverly and the NE Department of Environmental Quality, dependant upon legal counsel review. The motion was approved.

Ed Ubben gave a presentation updating Directors on the status of projects within the NRD.

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 8:28 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 14, 2007, 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.

_________________________________ Kristin Yates, Secretary
/dr

BOARD OF DIRECTORS' MEETING
October 17, 2007

The Board of Directors of the Lower Platte South Natural Resources District met on Wednesday, October 17, 2007 at 7:00 p.m., at the Lower Platte South NRD office, 3125 Portia, Lincoln, Nebraska. Directors present were Andersen, Babcock, Barger, Case, Hall, Hammer, Hayes, Hergenrader, Landis, Larrick, Nielsen, Petersen, Potter, Reitan, Samuelson, Steinkruger, Svoboda, Swanson, Yates and Zimmerman. Zimmerman called the meeting to order at 7:00 p.m.

ITEM 1. ROLL CALL OF DIRECTORS.

Twenty Directors were present upon roll call.

ITEM 2. PUBLICATION OF LEGAL NOTICE OF MEETING.

Zimmerman reported that the legal notice for the Directors' Meeting was published in the Lincoln Journal Star on October 5, 2007.

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

ITEM 4. CONSIDERATION OF DIRECTORS’ ABSENCES.

Zimmerman stated that requests for excused absences were received from Jacobson for the October 18, 2007 Board of Directors meeting, from Hall for the September 19, 2007 Board of Directors meeting and from Landis for the May 16 and September 19, 2007 Board of Directors meetings. It was moved by Andersen and seconded by Samuelson to accept the requests for excused absences from Jacobson for the October 18, 2007 Board of Directors meeting, from Hall for the September 19, 2007 Board of Directors meeting and from Landis for the May 16 and September 19, 2007 Board of Directors meetings. The motion was approved.

ITEM 5. ADOPT REVISED AGENDA.

It was moved by Hergenrader and seconded by Hayes to defer Agenda item 10a until after item 14 and approve the revised agenda. The motion was approved.

ITEM 6. PUBLIC COMMENTS ON NON-AGENDA ITEMS.

No one from the public addressed the Board.

ITEM 7. APPROVE MINUTES OF SEPTEMBER 19, 2007 BOARD OF DIRECTORS MEETING.

It was moved by Landis and seconded by Nielsen to approve the minutes of the September 19, 2007 Board of Directors Meeting. The motion was approved.

ITEM 8. FINANCIAL REPORT JULY 1, 2007 THROUGH SEPTEMBER 30, 2007, CONSIDERATION OF PUBLICATION OF EXPENDITURES FOR SEPTEMBER 2007.

Potter noted that the financial reports for the period July 1, 2007 through September 30, 2007 had been distributed.

It was moved by Potter and seconded by Andersen to approve the financial reports with amendments on reimbursement figures and publish the expenditures for September 2007. The motion was approved.

AYE: Andersen, Babcock, Barger, Case, Hall, Hammer, Hayes, Hergenrader, Landis, Larrick, Nielsen, Petersen, Potter, Reitan, Samuelson, Steinkruger, Svoboda, Swanson, Yates and Zimmerman
NAY: None
NOT PRESENT: Jacobson
ITEM 9. REPORT OF THE FINANCE AND PLANNING SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS.

Cindy Love with HBE Becker Meyer Love LLP gave a presentation of the Audit Report for FY2007.

Potter reported that the Subcommittee considered proposals for vehicle bids.

Potter moved the Finance and Planning Subcommittee’s recommendation that the Board of Directors approve the low bids from Husker Auto Group in the amount of $30,542.00 for a 2008 Suburban with trade and from Lee Sapp Ford for a 2008 Ford Ranger Pickup. The motion was approved.

AYE: Andersen, Babcock, Barger, Case, Hall, Hammer, Hayes, Hergenrader, Landis, Larrick, Nielsen, Petersen, Potter, Reitan, Samuelson, Steinkruger, Svoboda, Yates and Zimmerman
NAY: Swanson
NOT PRESENT: Jacobson

ITEM 10. REPORT OF THE URBAN AND CONSIDERATION OF RECOMMENDATIONS.

Hayes reported that the Subcommittee considered proposals received for the construction of Stevens Creek channel stabilization structures, CIP #3 and #4, near 98th and Adams Street. Hayes stated that only one bid was received.

Hayes moved the Urban Subcommittee’s recommendation that the Board of Directors approve the bid in the amount of $661,415.00 from General Excavating for the Stevens Creek CIP #3 & #4, 98th & Adams Street. The motion was approved.

ITEM 11 REPORT OF PLATTE RIVER SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS

Babcock stated that bids had been received for the Platte River Obstruction Removal Project at Camp Ashland from the following companies:

Bidder Name Bid Amount
Valley Corporation $286,149.00
Zeiger Construction Company $353,175.00
Pavers, Inc. 557,680.00

Babcock moved the Platte River Subcommittee’s recommendation that the Board of Directors accept the bid from Valley Corporation in the amount of $286,149.00 for Phase II Camp Ashland River Obstruction Removal Project. The motion was approved.

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

Samuelson stated that there was one application for cost-share on water quality practices.

County Name Practice Amount
LA Dennis Egger Wagon Train $14,724.00
Total $14,724.00

It was moved by Samuelson and seconded by Barger to approve the surface water quality best management practice cost-share application in the amount of $14,724.00. The motion was approved.

ITEM 13 REPORT OF WATER RESOURCES SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS

Barger stated that bids were received to decommission wells in the District’s Well Decommissioning Program.

Bidder Name	Bid Amount
Krasa Well Services of Bellevue	$16,643.50
Williams Drilling	$18,521.50
Layne-Western	$24,375.00
Sargent Drilling	$26,230.00

Barger moved the Water Resources Subcommittee’s recommendation that the Board of Directors approve the proposal from Krasa Well Services of Bellevue in the amount of $16,643.50 to decommission the wells in the District’s Water Well Decommissioning Program and authorize the General Manager to accept and approve additional wells applications up to the budgeted amount of $40,000. The motion was approved.

Barger stated that informal bids were received for installation of monitoring wells and pump installation.

Bidder Name	Bid Amount
Sargent Drilling	$18,520.00
Layne-Western	$23,092.60
Downey Drilling	$28,271.88

Barger moved the Water Resources Subcommittee’s motion that the Board of Directors approve Sargent Drilling to construct wells and install pumps under the terms of the informal bid for an estimated cost of $18,520.00. The motion was approved.

Barger moved the Water Resources Subcommittee’s recommendation that the Board of Directors authorize the General Manager to approve the Stava well lease and authorize him to approve additional well leases on behalf of the NRD. The motion was approved.

Barger moved the Water Resources Subcommittee’s recommendation that the Board of Directors approve the proposed Joint Funding Agreement with USGS for the operation and computation of records at the eleven stream gages for the upcoming year. The motion was approved.

Barger moved the Water Resources Subcommittee’s recommendation that the Board of Directors approve the release of that portion of the easement more than 1 foot above the top of dam of Upper Salt 3-A in the NE¼ of Section 3, T-7-N, R-6-E, dependent upon legal counsel review. The motion was approved.

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

Ed Ubben gave a review of the status of land rights for Upper Salt 10A/Hedgefield negotiations. No action was necessary.

ITEM 14. CONSIDERATION OF SCHEDULE CHANGE FOR NOVEMBER 2007 BOARD OF DIRECTORS MEETING.

It was moved by Hammer and seconded by Steinkruger to reschedule the November Board of Directors meeting for Wednesday, November 14, 2007 at 7:00 p.m. The motion was approved.

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

It was moved by Hayes and seconded by Svoboda that the Board of Directors go into closed session at 8:00 p.m. to protect the public interest for the purpose of considering appraisals and negotiations related to the acquisition of easements required from landowners for the Stevens Creek Stability Projects, 98th and Adams. The motion was approved

It was moved by Andersen and seconded by Hayes to return to open session at 8:05 p.m. The motion was approved.

It was moved by Landis and seconded by Svoboda that the Board of Directors approve the counter offers from the Leavitt’s for the Stevens Creek Stream Stability Project at 98th and Adams. The motion was approved.

AYE: Andersen, Barger, Hall, Hammer, Hayes, Hergenrader, Landis, Larrick, Nielsen, Petersen, Potter, Reitan, Samuelson, Svoboda, Swanson, Yates and Zimmerman
NAY: Babcock, Case and Steinkruger
NOT PRESENT: Jacobson

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 8:10 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 17, 2007, 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.

_________________________________ Kristin Yates, Secretary
/dr

BOARD OF DIRECTORS' MEETING
September 19, 2007

The Board of Directors of the Lower Platte South Natural Resources District met on Wednesday, September 19, 2007 at 7:00 p.m., at the Lower Platte South NRD office, 3125 Portia, Lincoln, Nebraska. Directors present were Andersen, Babcock, Barger, Case, Hammer, Hayes, Hergenrader, Jacobson, Larrick, Nielsen, Petersen, Potter, Reitan, Samuelson, Steinkruger, Svoboda, Swanson, Yates and Zimmerman. Zimmerman called the meeting to order at 7:00 p.m.

ITEM 1. ROLL CALL OF DIRECTORS.

Nineteen Directors were present upon roll call.

ITEM 2. PUBLICATION OF LEGAL NOTICE OF MEETING.

Zimmerman reported that the legal notice for the Directors' Meeting was published in the Lincoln Journal Star on August 30, 2007.

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

ITEM 4. CONSIDERATION OF DIRECTORS’ ABSENCES.

Zimmerman stated that there were no requests for excused absences

ITEM 5. ADOPT REVISED AGENDA.

It was moved by Hergenrader and seconded by Swanson to defer Agenda items 13d and 14a until after item 17 and approve the revised agenda. The motion was approved.

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

ITEM 6. RECOGNITION OF EMPLOYMENT ANNIVERSARY

Johnson recognized Dan Schulz for 25 years of service to the District.

McKenzie Barry introduced Lindsay Rogers as the new Environmental Education Assistant and Dan Schulz introduced Matt Glover as the new Water Resources Technician.

ITEM 7. TRIBUTARY AWARDAND RECOGNITION OF VOLUNTEERS.

Dan Schulz thanked the volunteers that built the bridges on the Homestead Trail and presented Lynn Lightner with a Tributary Award for his work in recruiting the volunteers and spearheading the bridge project on Homestead Trail.

ITEM 8. PUBLIC COMMENTS ON NON-AGENDA ITEMS.

No one from the public addressed the Board.

ITEM 8.5 COMMENTS ON NE NATURAL RESOURCES COMMISSION ACTIVITIES.

Clint Johannes, a Director on the Lower Platte North NRD Board and the Lower Platte Basin representative on the NE Natural Resources Commission addressed the Board on activities of the Commission.

ITEM 9. APPROVE MINUTES OF AUGUST 20, 2007 BOARD OF DIRECTORS MEETING.

It was moved by Jacobson and seconded by Babcock to approve the minutes of the August 20, 2007 Board of Directors Meeting. The motion was approved.

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

ITEM 10. FINANCIAL REPORT JULY 1, 2007 THROUGH AUGUST 31, 2007, CONSIDERATION OF PUBLICATION OF EXPENDITURES FOR AUGUST 2007.

Potter noted that the financial reports for the period July 1, 2007 through August 31, 2007 had been distributed.

It was moved by Potter and seconded by Andersen to approve the financial reports and publish the expenditures for August 2007. The motion was approved.

ITEM 11. REPORT OF THE FINANCE AND PLANNING SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS.

Potter moved the Finance and Planning Subcommittee’s recommendation that the Board of Directors approve the updated Long Range Implementation Plan for July 1, 2007 through June 30, 2012. The motion was approved.

ITEM 12. REPORT OF THE EXECUTIVE SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS.

Zimmerman moved the Executive Subcommittee’s recommendation that the Board of Directors authorize the General Manager to approve the NE Emergency Management Agency/State Multi-Jurisdictional All Hazards Mitigation Plan Agreement and Assurances, upon legal counsel review. The motion was approved.

Zimmerman moved the Executive Subcommittee’s recommendation that the Board of Directors authorize the General Manager to approve a contract with JEO for the services as outlined in the Draft Scope and Fees to complete a District-wide All Hazard Mitigation Plan at an estimated cost of $175,228, dependent upon legal counsel review. The motion was approved.

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

Loren Koch and Ron Aupperle addressed the Board regarding the Koch v. Aupperle lawsuit.

It was moved by Andersen and seconded by Petersen that the Board of Directors go into closed session at 7:40 p.m. to protect the public interest for the purpose of considering Koch v. Aupperle recovery of damages for attorneys fees The motion was approved

It was moved by Hammer and seconded by Barger to return to open session at 8:35 p.m. The motion was approved

It was moved by Hayes and seconded by Barger that the Lower Platte South NRD direct its Legal Counsel make a non-negotiable offer of settlement to Koch in the amount of $15,000 to resolve the issues of attorneys fees other than such court costs , deposition costs and transcript costs that may be awarded by the court to the NRD. If said offer is rejected by Koch then the NRD will pursue all attorneys fee and costs it is entitled to by law. The motion was approved.

AYE: Barger, Case, Hammer, Hayes, Hergenrader, Jacobson, Larrick, Nielsen, Reitan, Samuelson, Swanson, and Zimmerman
NAY: Andersen, Babcock, Petersen, Potter, Steinkruger, Svoboda and Yates
NOT PRESENT: Hall and Landis

ITEM 13 REPORT OF WATER RESOURCES SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS

Jacobson moved the Water Resources Subcommittee’s recommendation that the Board of Directors approve Amendments #1 and #2 to the ENWRA Interlocal Cooperative Agreement as corrected. The motion was approved.

Jacobson moved the Water Resources Subcommittee’s motion that the Board of Directors authorize the General Manager to approve an Intergovernmental Agreement with NDEQ for the Implementation of Best Management Practices for the Valparaiso Community Water System Protection Area, dependent upon legal counsel review. The motion was approved.

Jacobson moved the Water Resources Subcommittee’s recommendation that the Board of Directors enter into an agreement with U.S. Geological Survey to conduct the Lower Salt Creek Seepage Run for the estimated amount of $5,400, contingent upon development of a contract and legal counsel review. The motion was approved.

ITEM 14. REPORT OF THE URBAN SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS.

Hayes moved the Urban Subcommittee’s recommendation that the Board of Directors approve the Agreement for Professional Services with Olsson Associates for redesign, permitting, bidding and construction services at an estimated cost of $31,000 for the Lynn Creek Detention Structure near Adams Street and I-80 in Lincoln. The motion was approved.

Hayes moved the Urban Subcommittee’s recommendation that the Board of Directors approve the request from the City of Ashland and fund the acquisition of three lots in the Salt Creek floodplain at a cost of $3,200. The motion was approved.

Devin Biesecker from the City of Lincoln and Pat O’Neill from CDM gave a presentation to the Board on the Cardwell Branch Watershed Master Plan.

Hayes moved the Urban Subcommittee’s recommendation that the Board of Directors approve the Cardwell Branch Watershed Master Plan and urge the Planning Commission to recommend and the City Council to approve the Plan. The motion was approved.

ITEM 15. REPORT OF RECREATION, FORESTRY AND WILDLIFE SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS.

Reitan moved the Recreation, Forestry and Wildlife Subcommittee recommendation that the Board of Directors adopt the 2007 motocross facility resolution for the Recreational Trails Program application, the resolution for the Recreational Trails Program application to extend the MoPac East Trail to 346th Street and the Transportation Enhancement Program resolution to apply for the railroad undercrossing on the Salt Creek Levee Trail.

It was moved by Potter and seconded by Yates to divide the question and vote on the motocross facility resolution separately. The motion was approved.

AYE: Andersen, Babcock, Barger, Case, Hammer, Hergenrader, Larrick, Potter, Samuelson, Steinkruger, Swanson, Yates and Zimmerman
NAY: Hayes, Jacobson, Nielsen, Petersen and Svoboda
ABSTAIN: Reitan
NOT PRESENT: Hall and Landis

AYE: Barger, Case, Hammer, Hayes, Hergenrader, Jacobson, Nielsen, Petersen, Reitan, Samuelson, Steinkruger, Svoboda, Swanson, and Zimmerman
NAY: Andersen, Babcock, Larrick, Potter and Yates
NOT PRESENT: Hall and Landis

Reitan moved the Recreation, Forestry and Wildlife Subcommittee recommendation that the Board of Directors adopt the resolution for the Recreational Trails Program application to extend the MoPac East Trail to 346th Street and the Transportation Enhancement Program resolution to apply for the railroad undercrossing on the Salt Creek Levee Trail. The motion was approved.

AYE: Andersen, Babcock, Barger, Case, Hammer, Hayes, Hergenrader, Jacobson, Larrick, Nielsen, Petersen, Potter, Reitan, Samuelson, Steinkruger, Svoboda, Swanson, and Yates
NAY: Zimmerman
NOT PRESENT: Hall and Landis

Reitan moved the Recreation, Forestry and Wildlife Subcommittee’s recommendation that the Board of Directors approve the Community Forestry Program applications for the amounts not to exceed $1,529.83 for Normandy Square Association to plant 18 trees, $2,189.85 for Edenton North Association to plant 23 trees, and $581.81 for Ridge Association to plant 10 trees. The motion was approved.

Reitan moved the Recreation, Forestry and Wildlife subcommittee’s recommendation that the Board of Directors accept the proposal from the Prairie Plains Resource Institute to plant 66.31 acres of native plant seeds on the former Schell property at a cost not to exceed $18,235.25. The motion was approved.

ITEM 16. REPORT OF INFORMATION AND EDUCATION SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS.

Case moved the Information and Education subcommittee’s recommendation that the Board of Directors approve the request from Cathedral of the Risen Christ School for a $2,000 outdoor classroom grant. The motion was approved.

ITEM 17. REPORT OF THE STEVENS CREEK SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS.

Andersen moved the Stevens Creek Subcommittee’s recommendation that the Board of Directors approve the amendment to the Olsson Associates Professional Engineering Services Agreement for the Stevens Creek Watershed Project. The motion was approved.

It was moved by Hayes and seconded by Svoboda that the Board of Directors go into closed session at 9:40 p.m. to protect the public interest for the purpose of considering appraisals and negotiations related to the acquisition of easements required from landowners for U.S. 10-A/Hedgefield rehabilitation project and the Stevens Creek Stability Projects, 98th and Adams. The motion was approved

It was moved by Jacobson and seconded by Svoboda that the Board of Directors reject the counter-offers from Gordon & Pamela Essink and the Hartman’s and approve the recommended counter-offers for easements at Upper Salt 10-A/Hedgefield. The motion was approved.

AYE: Barger, Hayes, Hergenrader, Jacobson, Nielsen, Reitan, Samuelson, Svoboda, Yates and Zimmerman
NAY: Andersen, Babcock, Case, Hammer, Petersen, Potter, Steinkruger and Swanson.
NOT PRESENT: Hall, Landis and Larrick

It was moved by Hayes and seconded by Samuelson to approve the counter-offer from Leavitts for the right-of-way easements on the Stevens Creek Stability Projects at 98th and Adams, subject to legal counsel review of proposed wording. The motion was approved.

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

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 10:15 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 19, 2007, 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.

_________________________________ Kristin Yates, Secretary
/dr

BOARD OF DIRECTORS' MEETING
August 22, 2007

The Board of Directors of the Lower Platte South Natural Resources District met on Wednesday, August 22, 2007 at 7:00 p.m., at the Lower Platte South NRD office, 3125 Portia, Lincoln, Nebraska. Directors present were Andersen, Babcock, Barger, Case, Hall, Hammer, Hayes, Hergenrader, Jacobson, Landis, Larrick, Nielsen, Petersen, Potter, Reitan, Samuelson, Swanson, Yates and Zimmerman. Zimmerman called the meeting to order at 7:00 p.m.

ITEM 1. ROLL CALL OF DIRECTORS.

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

ITEM 2. PUBLICATION OF LEGAL NOTICE OF MEETING.

Zimmerman reported that the legal notice for the Directors' Meeting was published in the Lincoln Journal Star on August 9, 2007.

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

Zimmerman introduced Dana Divine, the Coordinator for the Eastern Nebraska Water Resources Assessment.

A moment of silence in memory of NRD employee, Rich Wagner, was observed.

ITEM 4. CONSIDERATION OF DIRECTORS’ ABSENCES.

Written requests for excused absences were received from Steinkruger and Svoboda for the August 22, 2007, Board of Directors meeting.

It was moved by Swanson and seconded by Samuelson to approve the requests for excused absences from Svoboda and Steinkruger for the August 22, 2007 Board of Directors meeting. The motion was approved.

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

ITEM 5. ADOPT REVISED AGENDA.

It was moved by Hergenrader and seconded by Case to approve the revised agenda. The motion was approved.

ITEM 6. PUBLIC COMMENTS ON NON-AGENDA ITEMS.

No one from the public addressed the Board.

ITEM 7. APPROVE MINUTES OF JULY 18, 2007 BOARD OF DIRECTORS MEETING.

It was moved by Case and seconded by Babcock to approve the minutes of the July 18, 2007 Board of Directors Meeting. The motion was approved.

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

ITEM 8. FINANCIAL REPORT JULY 1, 2007 THROUGH JULY 31, 2007, CONSIDERATION OF PUBLICATION OF EXPENDITURES FOR JULY 2007.

Potter noted that the financial reports for the period July 1, 2007 through July 31, 2007 had been distributed.

It was moved by Potter and seconded by Andersen to approve the financial reports and publish the expenditures for July 2007. The motion was approved.

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

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

Potter moved the Finance and Planning Subcommittee’s recommendation that the Board of Directors adopt the Budget Resolution approving a final FY 2008 Budget totaling $16,625,191 in expenditures and revenues and setting a property tax request totaling $8,681,692. The motion was approved.

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

ITEM 10. REPORT OF THE EXECUTIVE SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS.

It was moved by Potter and seconded by Hammer to direct NRD legal counsel and staff to pursue the recovery of justifiable damages, costs, and attorney fees incurred by the NRD as a result of the Koch vs. Aupperle injunction being improperly granted.

It was moved by Landis and Seconded by Hall to amend the motion to direct NRD legal counsel and staff to also pursue a negotiated settlement. The amendment was approved.

The amended motion to direct NRD legal counsel and staff to pursue the recovery in District Court and/or through a negotiated settlement of justifiable damages, costs, and attorney fees incurred by the NRD as a result of the Koch v Aupperle injunction being improperly granted was approved.

AYE: Andersen, Case, Hammer, Hergenrader, Hayes, Landis, Larrick, Petersen, Potter, Reitan, Samuelson, Swanson and Zimmerman
NAY: Babcock, Barger, Hall, Jacobson, Nielsen, and Yates
NOT PRESENT: Steinkruger and Svoboda

ITEM 11. REPORT OF THE PLATTE RIVER SUBCOMMITTEE AND CONSIDERATION OF RECOMMENDATIONS.

It was moved by Babcock and seconded by Andersen that LPSNRD serve as the applicant on behalf of the LPRCA for an NETF grant to fund Phases II and III of the Lower Plate River Corridor Environmental Suitability Assessment Project and that the General Manager be authorized to sign the application. The motion was approved.

It was moved by Landis and seconded by Jacobson to approve submitting letters of support and the accompanying financial and other partner commitments for the NET Applications for the Saline Wetlands Conservation Partner Project, the Tern and Plover Conservation Partnership Project, and the Lincoln Rain Garden Water Quality Project.

It was moved by Petersen and seconded by Reitan to call for the question and cease debate. The motion was approved.

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

Samuelson stated that the following buffer strips CREP-Corn Growers cost-share assistance applications were considered for approval.

County	Name	Practice	Acres
LA	Michael Blazek	Buffer strips-CREP/Corn Growers	2.1
LA	Terry Krueger	Buffer strips-CREP/Corn Growers	6.2
LA	Terry & Richard Krueger (4 contracts)	Buffer strips-CREP/Corn Growers	14.4
		TOTAL	22.7

It was moved by Samuelson and seconded by Hammer that the Board of Directors approve the cost-share applications for buffer strips CREP-Corn Growers. The motion was approved.

AYE: Andersen, Babcock, Barger, Case, Hall, Hammer, Hergenrader, Hayes, Jacobson, Landis, Larrick, Nielsen, Petersen, Potter, Reitan, Samuelson, Swans