Board of Education Minutes
July 26, 2010
By Marilyn Smith
July 27, 2010
Seward, Nebraska
July 26, 2010
A special meeting of the School District of Seward Board of Education was held on July 26, 2010 at 6:00 p.m. in the Administrative Offices at 410 South Street, Seward, Nebraska.
The president called the meeting to order at 6:04 p.m. stating that the meeting had been preceded by advance publicized notice and was convened in open session.
REMINDER OPEN MEETING LAW
The president reminded those in attendance that a copy of the open meetings act is posted on the north wall of the board room.
APPROVAL OF AGENDA
Item 5.1 was added to the agenda.
Moved Williams seconded Garske to approve the agenda as amended. On roll call the vote was as follows: Voting Yes: Williams, Garske, Rumery, Pekarek, Duer, Seaman. Voting No: None. Motion carried.
PUBLIC FORUM -- (On Agenda Items)
There was none.
PUBLIC FORUM -- (On Any Topic)
There was none.
EXECUTIVE SESSION
Moved Duer seconded Pekarek to move into Executive Session to discuss possible real estate acquisitions at 6:09 p.m. On roll call the vote was as follows: Voting Yes: Duer, Pekarek, Williams, Rumery, Garske, Seaman. Voting No: None. Motion carried.
The president restated for the record that discussion in the closed session will be limited to possible real estate acquisitions.
Moved Garske seconded Williams to move out of executive session at 7:03 p.m. On roll call the vote was as follows: Voting Yes: Garske, Williams, Duer, Pekarek, Rumery, Seaman. Voting No: None. Motion carried.
COMMUNITY MEETING
The board meeting was recessed at 7:04 p.m. for the Middle School Community meeting. At the community meeting Jeffre Chadwick, a representative of the architectural firm, reviewed plans for the building.
The board meeting reconvened at 7:35 p.m.following the Middle School Community meeting.
MIDDLE SCHOOL PROJECT DISCUSSION AND POSSIBLE ACTION
Prior to action, Dr. Barnes informed the board that the seller of said property requested that the board take action on eminent domain proceedings to allow flexibility in using the proceeds from this sale for future land dealings.
- 1 Discuss, consider, and take all necessary action to initiate negotiations for the purchase of certain real property as part of the initiation of eminent domain proceedings pursuant to Neb. Rev. Stat. §§ 79-1095 through 79-1097, and Neb. Rev. Stat. §§ 76-701 et. seq.; such real property consisting of approximately 41.43 acres of real estate located in the Northeast Quarter of Section 16, Township 11, North, Range 3, East of the 6th P.M., Seward County, Nebraska, owned by Marie T. Bader.
MOTION TO INITIATE NEGOTIATIONS FOR THE PURCHASE OF REAL ESTATE FOR THE BUILDING SITE FOR THE PROPOSED NEW MIDDLE SCHOOL BUILDING AS PART OF EMINENT DOMAIN PROCEEDINGS PURSUANT TO NEB. REV. STAT. §§ 79-1095 THROUGH 79-1097, AND NEB. REV. STAT. §§ 76-701 ET. SEQ.
Motion by Garske seconded by Duer that the Board of Education of this School District should, and does hereby:
1. Initiate negotiations for the purchase of certain real property as part of the initiation of eminent domain proceedings pursuant to Neb. Rev. Stat. §§ 79-1095 through 79-1097, and Neb. Rev. Stat. §§ 76-701 et. seq.; such real property consisting of approximately 41.43 acres of real estate located in the Northeast Quarter of Section 16, Township 11, North, Range 3, East of the 6th P.M., Seward County, Nebraska, owned by Marie T. Bader (the “Bader Property”), for purposes of the provision of a building site for the proposed new Seward Public Schools Middle School and other present and future school facilities; such real property more particularly described as Tract #1 and Tract #2 as follows:
Tract #1 is identified on the tax assessment rolls of Seward County, Nebraska as parcel 800038401 containing 38.64 acres more or less, EXCEPT that portion which is currently used as Seller’s residence and adjoining machinery building, including surrounding shelter belt (approximately 1.38 acres) which is reserved by Seller and is excluded from the purchase.
Tract #2 is identified on the tax assessment rolls of Seward County, Nebraska as parcel 800104366, containing 4.17 acres more or less.
2. Authorize the President of the Board of Education and Superintendent of Schools, with the assistance of school district legal counsel, to enter into negotiations for the purchase price and option to purchase the Bader Property, and to take all actions necessary and execute all documents to carry this motion into effect.
The foregoing Motion having been read in its entirety, and after discussion and on roll call vote, the following members voted in favor of passage and adoption of the above Motion and Resolution: Garske, Duer, Williams, Pekarek, Seaman.
The following board members voted against the same: Rumery.
The following members were absent or not voting: None.
The above Motion having been consented to by more than a majority of the members of the School Board of this School District, was declared as passed and adopted by the President at a duly held and lawfully convened meeting in full compliance with the Nebraska Open Meetings Law.
DATED this 26th day of July, 2010.
SEWARD COUNTY SCHOOL DISTRICT 80-0009, A/K/A SEWARD PUBLIC SCHOOL DISTRICT
BY: ________________________________
ATTEST:
____________________________________
MOTION TO APPROVE PROPOSED OPTION TO PURCHASE AGREEMENT
Motion by Willims, seconded by Garske that the Board of Education of this School District should, and does hereby:
1. Approve the Option Agreement, attached hereto and incorporated herein by this reference, granting to the School District the option purchase real property consisting of approximately 41.43 acres of real estate located in the Northeast Quarter of Section 16, Township 11, North, Range 3, East of the 6th P.M., Seward County, Nebraska, owned by Marie T. Bader (the “Bader Property”), for purposes of the provision of a building site for the proposed new Seward Public Schools Middle School and other present and future school facilities under the terms set forth therein; such real property more particularly described as Tract #1 and Tract #2 as follows:
Tract #1 is identified on the tax assessment rolls of Seward County, Nebraska as parcel 800038401 containing 38.64 acres more or less, EXCEPT that portion which is currently used as Seller’s residence and adjoining machinery building, including surrounding shelter belt (approximately 1.38 acres) which is reserved by Seller and is excluded from the purchase.
Tract #2 is identified on the tax assessment rolls of Seward County, Nebraska as parcel 800104366, containing 4.17 acres more or less.
The foregoing Motion having been read in its entirety, and after discussion and on roll call vote, the following members voted in favor of passage and adoption of the above motion and resolution: Williams, Garske, Duer, Pekarek, Seaman.
The following members voted against the same: Rumery.
The following members were absent or not voting: None.
The above Motion having been consented to by more than a majority of the members of the School Board of this School District, was declared as passed and adopted by the President at a duly held and lawfully convened meeting in full compliance with the Nebraska Open Meetings Law.
DATED this 26th day of July, 2010.
SEWARD COUNTY SCHOOL DISTRICT 80-0009, A/K/A SEWARD PUBLIC SCHOOL DISTRICT
BY: ______________________________
President
ATTEST:
____________________________________
ADJOURNMENT
Moved Duer seconded Garske that the meeting be adjourned at 7:47 p.m. On roll call the vote was as follows: Voting Yes: Duer, Garske, Williams, Pekarek, Rumery, Seaman. Voting No: None. Motion carried.
I, the duly qualified and acting Secretary of the Board of Education, Seward, Nebraska hereby certify that the attached and foregoing minutes are a true and correct copy of a meeting of the Seward Board of Education held July 26, 2010 which meeting was preceded by publicized notice.
IN WITNESS WHEREOF I have hereunto set my hand officially and affixed the seal of my office this 26th day of July, 2010.
Prepared by: Secretary:
Marilyn Smith Scott Pekarek

