NOTICE OF MEETING

 

Otoe County Courthouse

Nebraska City NE  68410

 

NOTICE IS HEREBY GIVEN that the Regular meeting of the Otoe County Commissioners of Otoe County, Nebraska, will be held at 8:30 A.M. on January 10, 2006, at the office of the Otoe County Commissioners in the Courthouse.  The meeting will be open to the public.  An agenda for such meeting is kept continuously current, and is available for public inspection at the office of the County Clerk at the Courthouse, but the agenda may be modified at such meetings to include items of an emergency nature only.

 

 

AGENDA OF THE NEXT MEETING                                                                   JANUARY 10, 2006

 

 

              8:30 a.m.  Open Meeting, Call roll, Accept agenda, Accept minutes from previous  

                                meeting

                       

              8:30 a.m.   Reorganization Meeting: Elect Chairman of the Board, Make Board

                                 Appointments, Appoint Legal Newspaper, Designate Bank Depositories

 

              8:45 a.m.   Regular Meeting: Audit and sign payroll claims and regular claims      

 

              9:00 a.m.   Discussion and/or action of Road and Bridge matters

1.       Discussion and/or action RE: Request from Ron Barrett to construct field entrance

2.       Greg Henricksen, Standard Bridge Co: Discussion and/or action RE: Bridge design

3.       Mark Tincher & Scott Bovick: Discussion and/or action RE: Extension of Grundman Blvd

4.       Miscellaneous

          

              10:00 a.m. Mike Holland, Deputy Sheriff: Discussion and/or action RE: Purchase of communication radios

 

              10:15 a.m. Jim Myers, Contracted Weed Supt:: Discussion and/or action RE: Annual Weed Report

 

              10:30 a.m. Pat Haverty, RCEDC: Quarterly Report

 

             10:45 a.m. Discussion and/or action RE: Resolution to set salaries for elected officials and their deputies

 

 

                                                Other Business to address as time allows:

                                    Discussion and/or action RE: Term to fill for Visitors Committee

                                    Brandi Ellis, Co Assessor – Tax list corrections

                                                Correspondence and/or other matters that may come before the Board

           

                                                                     

                                                                                               

 

Immediately following adjournment from regular session, the Commissioners will convene as the Board of Equalization to consider approval of applications requesting exemption from motor vehicle tax,

 

 

 

 

                                                                                                                        Janene Bennett

Otoe County Clerk

 

 

January 10, 2006

 

The Otoe County Board of Commissioners convened in regular session at 8:30 a.m. on January 10, 2006. Immediately following the acceptance of the current agenda and minutes from the previous meeting, the reorganization meeting was held.  Payroll claims and regular claims were audited and signed, as well as taking care of all other matters on the agenda.  This meeting was open to the Public, and the agenda was kept current, and is on file for public inspection at the office of the Otoe County Clerk during regular business hours.

 

The meeting was called to order by the Chairman of the Board, Henry A Stratker. Answering present at roll call: Commissioner Stratker, Commissioner Schroder, and Commissioner Giittinger. None absent

 

Commissioner Schroder made a motion, seconded by Commissioner Giittinger to accept the agenda as posted. Voting - Commissioners Stratker, aye; Schroder, aye; Giittinger, aye. Motion carried.

 

Commissioner Schroder made a motion, seconded by Commissioner Giittinger to accept the minutes from the previous meeting as mailed to them and not have them read.  Voting – Commissioners Schroder, aye; Giittinger, aye; Stratker, aye. Motion carried.

 

The meeting was turned over to the County Clerk for the election of a new Chairman of the Board for year 2006. The Clerk called for nominations from the floor. Commissioner Giittinger nominated Commissioner Schroder as Chairman of the Board. There being no other nominations, Commissioner Stratker made a motion, seconded by Commissioner Giittinger to cease nominations and to cast a unanimous ballot for Joy W Schroder to be Chairman of the Board for the year 2006. Voting -- Commissioners Stratker, aye; Schroder, aye; Giittinger, aye.  Motion carried.

 

Miscellaneous Board appointments were made for the year 2006.

 

SENDD (Southeast Nebraska Development District): Commissioner Schroder will serve as Otoe County representative with Commissioner Stratker named as alternate.

 

RCEDD (River Country Economic Development District): Commissioner Schroder will serve as Otoe County representative with Commissioner Stratker named as alternate.

 

SENCA (Southeast Nebraska Community Action): Commissioner Stratker will serve as Otoe County representative with Commissioner Giittinger named as alternate.

 

RCEDC (River Country Economic Development Corporation): Commissioner Giittinger will serve as Otoe County representative with Commissioner Stratker named as alternate.

 

REGION V: Commissioner Schroder will serve as Otoe County representative with Commissioner Giittinger named as alternate.

 

RC & D (Five Rivers Resource Conservation & Development): Alfred O Gigstad was appointed as Otoe County representative with Pat Haverty named as alternate.

 

Commissioner Giittinger made a motion, seconded by Commissioner Stratker to appoint the Nebraska City News Press as the legal newspaper for the County for year 2006. Voting – Commissioners Schroder, aye; Giittinger, aye; Stratker, aye. Motion carried.

 

Commissioner Giittinger made a motion, seconded by Commissioner Stratker to appoint the following banks as depositories for Otoe County in 2006: Farmers Bank & Trust, Otoe County Bank & Trust, American National Bank, Commercial State Bank, and Heartland Community Bank, all of Nebraska City; First National Bank of Syracuse; Countryside Bank of Unadilla; and Farmers & Merchants Bank of Palmyra. Voting – Commissioners Stratker, aye; Schroder, aye; Giittinger, aye. Motion carried.

 

Commissioner Giittinger made a motion, seconded by Commissioner Stratker to audit and sign payroll claims and regular claims unless otherwise noted.  Voting – Commissioners Giittinger, aye; Stratker, aye; Schroder, aye. Motion carried.

 

Foremen Wally Pohlman and Rich Kuenning were present during discussion of road and bridge matters.

 

In November Ron Barrett appeared before the Board to seek permission to construct a second entrance to his newly purchased property on G Rd, former state Highway 75. County Attorney Jeff Funke was asked to clarify whether the County or the State controlled ingress/egress rights since the roadway was relinquished from the State to the County. Mr. Funke reported that the County has jurisdiction to make a preliminary approval for construction of an entrance from a former state highway, but the NDOR has the final say. The NDOR said they usually follow the recommendation of the County for approval or disapproval. Commissioner Giittinger said he would consider approving the request as long as the entrance would be used as a field entrance only. Since Mr. Barrett was not present at the meeting, the matter was tabled.

 

Greg Henricksen and Dennis Vodicka, co-owners of Standard Bridge Company, came before the Board to offer a proposal for designing the replacement of Bridge #10530 north of Intersection C-4. Upon review of the area, they propose to replace the current bridge with an 80 x 28 foot hydraulically designed bridge. Vodicka explained that the bridge will be set on poured cement footings around the perimeter rather than steel pilings. By making minimal cuts and fills, the undisturbed soil will not erode as readily as disturbed soil. The wooden planks are secured to the girders by inserting them into pockets.  He claims this design has better dirt compaction and is based on Roman technology of over 3000 years ago. He displayed a model girder made of wood to demonstrate how the prefabricated girders are fastened together. He said this type of bridge should take about 20 working days to build. Henricksen and Vodicka would work with the county road crew as design/inspection engineers free of charge.  They estimated a bridge of this size to cost about $110,000 to construct compared to $200,000 for a conventional bridge. However, this bridge style is not approved for federal funding, so the County would pay entire the cost. Henricksen noted it is their objective to offer a stronger bridge for less money. The Board told them they would need firm figures for cost and a blueprint marked with an engineer’s stamp of approval before considering construction of such a bridge. 

 

Scott Bovick, representing the City Council of Nebraska City and Mark Tincher, the developer of Arbor Village subdivision, came before the Board to make a request to the County to take over maintenance of a portion of Grundman Boulevard that will extend beyond the city limits. The City Council and Planning Commission of Nebraska City have already granted approval for this development, including the extension of the existing Grundman Blvd. This development is located west of the present True Value Hardware Store. Tincher has agreed to pay for the construction of the street extension and said he would build it to whatever standards the County desires. He suggested a rocked road for now, but anticipates having the street paved/asphalted after the area is annexed. He noted that when a lot is sold, the deed will contain a restriction so that the purchaser will know that someday they will be assessed for a paved street. In addition to furnishing access to homes that will be built there, Grundman Blvd will serve as an east/west connector from S 63rd Rd to S 11th St. This will be an important asset to the community once the NDOR constructs the new Highway 2 Overpass that will limit traffic circulation in this area. Norm Anderson, Senior Pastor from Calvary Church, expressed his concern for safety and traffic flow issues that will effect his parishioners when the present beltway is rerouted. He urged the Board to take over the maintenance of Grundman Blvd from 63rd Rd east to the Nebraska City corporate limits as it would be in the best interest of the community and travelers. Gary Sasse with JEO Engineering firm said the cost for installing the water line will be paid by Tincher, but Nebraska City Utilities will maintain it. Commissioner Giittinger made a motion, seconded by Commissioner Stratker to accept the dedication and maintenance of an approximately ½ mile portion of Grundman Blvd that will extend from the existing Grundman Blvd to S 63rd Rd; with the understanding that construction of said portion of roadway will be paid by the developer, Mark Tincher dba TD Development. Voting – Commissioners Stratker, aye; Schroder, aye; Giittinger, aye. Motion carried.

 

Mike Holland, Chief Deputy Sheriff, was called to an accident and unable to keep his appointment; however, Sheriff Jim Gress appeared on his behalf. Sheriff Gress said that Deputy Holland has found two used police radios that he would like to purchase and install in two new patrol vehicles that will be ordered soon. The price is about $1500 each; said cost is eligible to expend from the 911 Emergency Fund. He noted he does not want to purchase new radios at this time, anticipating a switch to a high band communication system in the near future. Commissioner Giittinger made a motion, seconded by Commissioner Stratker to grant the Sheriff permission to purchase the used radios referenced above not to exceed $3500. Voting – Commissioners Schroder, aye; Giittinger, aye; Stratker, aye. Motion carried.

 

Commissioner Giittinger noted that a vacancy on the Otoe County Visitors Committee was created when member, Bud Smulling sold his business (Whispering Pines Bed & Breakfast) last August. In accordance with the OCVC by-laws, the Committee shall consist of five members, two of which shall be from the hotel industry. Since Mr. Smulling is no longer associated with a hotel industry, he was asked to submit a letter of resignation; however none has been received yet. In accordance with Section 4, “as soon as practicable after notification of a vacancy, the Otoe County Board of Commissioners shall appoint a replacement to complete the unexpired term…appointments are made upon the recommendation of the Committee.” Commissioner Giittinger said he will contact Mr. Smulling regarding the letter of resignation; he will also compose a letter to OCVC asking them to make a recommendation to the County Board of a person(s) who is qualified to fulfill the term as a hotel manager; said term expires December of 2008.

 

Jim Myers, Contracted Weed Superintendent, gave an overview of the annual weed report that must be submitted to the Dept of Agriculture by January 31st of any given year. Three goals the County has established to achieve control of noxious weeds are: Education – He has worked with the local FSA and Extension Offices in making publications available that promote noxious weed awareness as well as proper procedures for control. Inspections – Early inspections and notifications to landowners proved to be very effective, noting 100% cooperation this past year. Roadside Spraying – Implemented in 2005, Myers focused on spraying new outbreaks of Leafy Spurge, Purple Loosestrife and Saltceader along county road right-of-ways before they got out of control. There was some discussion regarding enforcement of the landowners’ responsibility to mow weeds along the roadsides. Everyone agreed there should be consequences for those who do not abide. The County Attorney was asked to research the state statute regarding this issue.

 

Pat Haverty, Executive Director of the River Country Economic Development Corporation, submitted a written report for the quarter ending December 31st 2005. He is currently working with two companies who are involved in value-added agricultural products. For now, he has abandoned efforts to establish an ethanol plant in Otoe County since Nemaha County will be building one. There was some concern as to whether there would be a sufficient supply of water and corn for two plants within 20 miles of each other. He will be working closely with the Nebraska City News Press and KNCY Radio to keep the public informed about opportunities and issues relating to RCEDC. The financial report indicated an income of $26,805.27 and expenditures of $25,601.21.  

 

A lengthy discussion was held regarding adoption of a resolution to set the salaries for elected officials and their deputies. Commissioner Stratker said he was not comfortable with paragraphs referring to health care coverage and retirement benefits. He felt benefits should be separated from salaries and not included in the resolution at all. He didn’t want the County to be obligated to provide the same benefits that are in effect for the current health care plan. County Attorney Jeff Funke suggested eliminating the word “current” from those paragraphs. He said the intent of the language is to provide the elected officials with the same/similar coverage that is provided to all other county employees. The Board agreed to have the word “current” struck from the paragraphs relating to health insurance.

 

Commissioner Stratker then questioned the language of Statute 23-1114.09 regarding the definition of “fulltime” deputy and salary received. The Statute states that the salary of a fulltime deputy shall be no less than 65% of the county officer’s salary. It further states that no fulltime deputy shall be entitled to such salary during any period of time that such deputy is not actually engaged in the performance of the official duties of a deputy. Commissioner Stratker’s interpretation of the statute is that a deputy should be paid a “deputy’s salary” only during the times when an elected official is out of the office. County Attorney Funke interpreted the phrase to mean that a deputy performs official duties daily that have been assigned by his/her elected officer, but also has the authority and is trained to perform the duties of the elected official when that officer is not available. He did not believe it was the intent of the lawmaker to set two salary rates for a fulltime deputy. Commissioner Giittinger made a motion, seconded by Commissioner Stratker to set the range for fulltime deputies at no less than 65%, nor more than 79% of the salary of the respective elected official. Voting – Commissioners Giittinger, aye; Stratker, aye; Schroder, aye. Motion carried.

 

Regarding compensation for performing the duties of the budget-making authority, Commissioner Stratker made a motion, seconded by Commissioner Giittinger to contract with an elected official to receive the following pay rate over the next four years: $2,100 for fiscal year 07-08; $2,200 for fiscal year 08-09, $2,300 for fiscal year 09-10 and, $2,400 for fiscal year 10-11. Voting – Commissioners Stratker, aye; Schroder, aye; Giittinger, aye. Motion carried.

 

Commissioner Giittinger made a motion, seconded by Commission Stratker to adopt Resolution 2006-01 setting the salaries of elected officials, their deputies and the budget making authority that includes the modifications discussed and approved by Board action above. Voting – Commissioners Stratker, aye; Schroder, aye; Giittinger, aye. Motion carried. A copy of said resolution is attached and shall become a part of the official minutes.

 

Chairman Schroder announced that the Board of Commissioners will convene in special session on Thursday, January 12th, at 10:00 a.m. to meet with representatives from the Nebraska Public Employees Local 251 to negotiate (by mediation) a collective bargaining agreement for the Otoe County road employees.

 

Brandi Ellis, County Assessor, reported she had no tax list corrections prepared at this time.

 

There being no further business to come before the Board at this time, and since all items on the agenda have been disposed of, Joy W Schroder, Chairman of the Board, declared this meeting adjourned, until the next one, which will be on January 24, 2006.

 

At 11:49 a.m. the Board of Equalization convened to consider approval of applications submitted by qualified non profit organizations requesting exemption from motor vehicle tax. Answering present at roll call were Commissioner Stratker, Commissioner Schroder and Commissioner Giittinger.

 

Upon consideration of the applications received, Commissioner Schroder made a motion, seconded by Commissioner Giittinger to approve the applications made by Girl Scouts-Homestead Council, St Mary’s Hospital, Lourdes Central High School, The Evangelical Lutheran Good Samaritan Society, Nebraska City Historical Trolley Foundation, and Veterans of Foreign Wars Mid-County Post #5547 requesting exemption from motor vehicle tax. Voting – Commissioners Stratker, aye; Schroder, aye; Giittinger, aye. Motion carried.

 

There being no further business to come before the Board of Equalization, Chairman Stratker declared the meeting adjourned at 11:51 a.m.

 

I, Janene Bennett, County Clerk for Otoe County, do hereby certify that the above minutes were taken by me, and are true and correct to the best of my knowledge, and I therefore set my hand and affix my seal this 10th day of January 2006.

 

 

 

 

Janene Bennett

Otoe County Clerk