NOTICE OF MEETINGS

December 9, 2008

Otoe County Courthouse

Nebraska City NE 68410

NOTICE IS HEREBY GIVEN that the Otoe County Board of Commissioners will convene as the Board of Equalization at 8:15 a.m. on January 13, 2009. The Otoe County Board of Commissioners will convene in regular session at 8:30 A.M. on January 13, 2009. Both meetings will be held in the County Courtroom (108) of the Otoe County Courthouse at Nebraska City. An Agenda for such meetings is kept continuously current, and is available for public inspection at the office of the County Clerk at the Courthouse; however, the agenda may be modified at such meetings to include items of an emergency nature only.

AGENDA FOR THE BOARD OF EQUALIZATION MEETING

8:15 a.m. – Open meeting, Roll Call, Accept Agenda

Therese Trombino, County Assessor: Discussion and/or action RE: Tax List Corrections

Jacqueline Smith, County Treasurer: Discussion and/or action to approve applications for tax exemption on

Motor vehicles

*****************************************************************************************************************************

AGENDA OF THE REGULAR MEETING

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

meeting, Audit and Sign payroll and regular claims

9:00 a.m. – Janis Riege, Clerk of District Court: Discussion and/or action RE: Microfilming court files

9:15 a.m. – Pam Maybee & Rick Sedersten: Discussion and/or action RE: Tree planting in memory of

former County Assessor, Andrea Walters

9:30 a.m. – Discussion and/or action RE: Property exchange between the County and Farmers’ Co-op

9:45 a.m. – Discussion and/or action regarding Road and Bridge matters

a) Mark Mainelli, Engineer: Discussion and/or action RE: Contracts & Resolutions for bridge projects

b) Discussion and/or action RE: Bridge #23520 on J Rd between Roads 32 and 34

Request from Hwy Supt to obtain quotes for its repair in order to keep bridge open

c) Miscellaneous

Other business matters to address when time allows:

Jackie Smith, Treasurer: Pledged Security(s)

Miscellaneous Correspondence and other matters that may come before the Board

Janene Bennett

Otoe County Clerk

The County Board reserves the right to go into executive session when and if they deem it necessary.

Individuals requiring physical or sensory accommodations, including interpreter service, Braille, large print or recorded materials, please contact Janene Bennett, County Clerk, Otoe County Courthouse, P O Box 249, Nebraska City, NE 68410, (402) 873-9505), no later than 12:00 noon the day before the meeting.

January 13, 2009

The Otoe County Board of Commissioners convened in regular session at 8:30 a.m. on January 13, 2009, to audit and sign payroll claims and regular claims and to take care of such other matters as are on the agenda for this meeting. Advance notice of this meeting was published in the Nebraska City News Press and Syracuse Journal Democrat, announced on the local radio station KNCY and posted in the County Clerk’s Office and at least three other public places. 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 Commissioner Lade. Answering present at roll call were Commissioner Lade and Commissioner Kreifels.

Commissioner Kreifels made a motion, seconded by Commissioner Lade to appoint Commissioner Lade as Acting Chairman for today’s meeting. There being no further discussion, Commissioner Lade called for a vote by roll call. Voting aye were Commissioners Kreifels and Lade. Nay – none. Motion carried.

Acting Chairman Lade informed the public in attendance that a current copy of the Open Meetings Act is posted on the south wall of the Courtroom. Additional copies are available upon request. He asked that all attendees turn off their cell phones or set them to vibrate while present in the meeting room.

Commissioner Kreifels made a motion, seconded by Commissioner Lade to accept the agenda as posted. There being no further discussion, Acting Chairman Lade called for a vote by roll call. Voting aye were Commissioners Lade and Kreifels. Nay - none. Motion carried.

Commissioner Kreifels made a motion, seconded by Commissioner Lade to accept the minutes from the previous meeting as mailed to them as each member was furnished with a copy of same. There being no further discussion, Acting Chairman Lade called for a vote by roll call. Voting aye were Commissioners Kreifels and Lade. Nay - none. Motion carried.

Jackie Smith, County Treasurer, requested the following changes in pledged securities: release of a pledged security with Commercial State Bank, Nebraska City, in the amount of $200,000; release of a pledged security with Farmers Bank, Nebraska City, in the amount of $500,000 and replacing it with a pledging of $400,000. Commissioner Lade made a motion, seconded by Commissioner Kreifels to adopt Resolutions 2009-1 and 2009-2 approving said transactions. There being no further discussion, Acting Chairman Lade called for a vote by roll call. Voting aye were Commissioners Lade and Kreifels. Nay – none. Motion carried.

Before approving the claims, the Commissioners called in Highway Superintendent Steffensmeier for questioning. When the claims were reviewed prior to meeting, Commissioner Kreifels found that an invoice was missing on one of the claims. Steffensmeier agreed the claim should not have been submitted for payment and the claim was withdrawn until a copy of the invoice can be obtained. Commissioner Lade presented Steffensmeier with two other claims that did not bear his signature for pre-approval. After looking them over, Steffensmeier held one back for payment, saying that he needed time to review the billing since it was not presented to him prior to the meeting; however, he signed and approved payment of the second claim. Commissioner Kreifels made a motion, seconded by Commissioner Lade to audit and sign payroll claims and regular claims with the exception of the two claims that were withdrawn by the Highway Superintendent. There being no further discussion, Acting Chairman Lade called for a vote by roll call. Voting aye were Commissioners Kreifels and Lade. Nay - none. Motion carried.

Correspondence: Jon Day, Executive Director of Blue Valley Behavioral Health, sent a letter to the Board thanking them for their financial support of $9,000 this past year. The money allowed Blue Valley to continue to provide substance abuse services for almost 90 adults and children in Otoe County.

Janis Riege, Clerk of the District Court, came before the Board with more information regarding the microfilming of very old tri-fold court files dating back as far the 1860’s. Since the last meeting, she acquired quotes from two vendors. MIS (Microfilm Imaging Systems) in Omaha made the following offer: Document preparation - $5,000; microfilming (2 copies) - $8,000; and no charge for destroying the original documents. They will provide a third copy on DVD indexed by case number for an additional $3500. Bob Fontaine, MIPS Microfilm Division, submitted a base price of $13,205 with options. If the County did the prep work, he would deduct $4365; he would charge $3,065.50 to scan the microfilmed rolls to a CD; $230 to shred the hard copies or $110 to return the hard copies to the County. Ms. Riege said as an alternative to microfilming, the old files could be taken to off-site storage. She was contacted by American National Bank who has space available for $500 per month; Kreifels Storage charges $70 per month for a 10 x 20 stall. Another option to consider might be to store documents at the Duff Building that is currently occupied by DHHS. They plan to move to the Family Center within the next few months, leaving the county-owned building empty. Ms. Riege said she was also contacted by the Otoe County Historical Society and the Morton James Library who offered to take the files after they were microfilmed. However, she said they would have to seek permission from the Secretary of State to keep them. Ms. Riege reminded the Board that the County has already received federal money that can be used to pay for the microfilming. In order to save money, the County could have probationers or high school students needing community service prepare the documents for microfilming; but they would need supervision and it may take a longer time. She said both vendors are reputable. Upon consideration of the options given, Commissioner Lade made a motion, seconded by Commissioner Kreifels to proceed with microfilming and to award the bid to MIS for the quoted amount of $16,500 which includes $5000 for prep work, $8000 for microfilming and $3500 for a DVD that the District Court Clerk may use to retrieve and make copies of the old files; the original files are to be returned to the County without shredding. There being no further discussion, Acting Chairman Lade called for a vote by roll call. Voting aye were Commissioners Kreifels and Lade. Nay – none. Motion carried.

Pam Maybee, an employee of the Assessor’s Office and relative of the late Andrea Walters, appeared before the Board to request permission to plant an Autumn Glaze Maple Tree in the front yard of the Courthouse as a memorial to former County Assessor, Andrea Walters. She said she would donate the tree. Custodian, Rick Sederesten, suggested planting the tree in the same spot where the “temporary” Christmas tree stood in 2007. Janis Riege commented that if a tree was planted for Andrea, then a tree should also be planted in memory of Zoe Thummel, a long-time employee and elected official who passed away last year. Commissioner Lade questioned whether there was enough space to plant trees in the Courtyard and thought that a park might be more suitable. Commissioner Kreifels suggested that memorial plantings be limited to only those who died while holding office. There was another suggestion to install a monument where names of deceased employees could be engraved. The matter was tabled to next meeting.

When the County decided to build a new shop in the Village of Otoe, it was discovered that one of the sheds owned by Farmers Co-op was sitting on county property. At that time, the Co-op and the County agreed to exchange property of similar size and value and the County Surveyor, David Schmitz, was asked to conduct a survey and write legal descriptions for each parcel. County Attorney, Dave Partsch, prepared a Quit Claim Deed that includes an easement for right-of-way along the railroad tracks. He said he will file the deed conveying the property to the Co-op when he receives a deed from the Co-op conveying property to the County. Commissioner Kreifels made a motion, seconded by Commissioner Lade to authorize Acting Chairman Lade to sign the Quit Claim Deed conveying .41 acres to Farmers Co-op lying within the Village of Otoe. There being no further discussion, Acting Chairman Lade called for a vote by roll call. Voting aye were Commissioners Lade and Kreifels. Nay – none. Motion carried.

Regarding Bridge #23520 located 1 mile west and 1 mile north of Otoe: The Bridge has been inspected by the State as well as the County. Engineer Mark Mainelli, said the bridge is not closed yet, but has serious problems and needs to be watched closely for continued deterioration, especially after a heavy rain. Mainelli recommended that this bridge be submitted immediately as a federal aid project. Several landowners and farmers were in attendance expressing their concerns for keeping the bridge open.

Mark Mainelli said he has been doing engineering work in Otoe County since 1985, so he is very familiar with its infrastructure. He said Otoe County is in better shape than many other counties where 50 – 60 bridges were closed after the State inspections were completed. However, Otoe County has some wide and/or deep creeks that are going to require bigger and more expensive bridges.

Steffensmeier provided color coded road maps to the Commissioners and many other interested attendees where he indicated FEMA projects, Federal Aid projects, Soft Match projects and closed bridges. It also included bridge numbers so that each site could be identified on the map as they were being discussed.

Referring to the proposed FEMA projects, Mainelli said two have been approved for replacement and several others are in dispute. He said he has been working with NEMA to file a disagreement with FEMA’s original assessments on several bridges and has received word that FEMA will reopen the assessment sites for a second review.

Mainelli explained that bridge projects with a “BRO” (Bridge Replacement Off-System) designation are federal aid projects that have been programmed, but are not located on a major route. Each bridge is given an “efficiency rating” from 0 – 99. If the rating is less than 50, the bridge is considered functionally deficient and then becomes eligible for federal funding. 80% of the total cost of a “BRO” project is paid by federal funds and 5% is paid by the State, leaving the County with 15% of the cost share. Every year each state receives federal money which is then disbursed to the counties on a first come first serve basis. Within the last year the NDOR has rewritten their rules for procuring federal funds on the county level that requires more documentation that wasn’t required before.

The Soft Match Program also has stringent rules. Projects eligible for soft match credits can be built by a contractor or with county labor. Mainelli said replacing a bridge with metal tubes or box culverts is a good way to build up soft match credit because the County will have less “up front” costs. Soft match credit can then be applied to federal aid projects, eliminating out-of-pocket expenses for the County’s share. With the completion of the project southwest of Syracuse, Otoe County should have over $100,000 in its Soft Match Credit account.

One of the biggest changes now required for all bridge projects is the completion and submittal of a NEPA (National Environmental Protection Agency) document. It is very lengthy, involving detailed information about the environment. Because of this additional paperwork, it takes 6 to 9 months before an engineer can even begin to design a new bridge. He strongly recommended that the County get several bridges programmed so that they are “ready to go” if or when funds become available. Counties who are prepared will be more likely to receive money from President-elect Obama’s stimulus package if it is approved. He said the key is to determine five top priority projects out of the “BRO” numbers and direct the Highway Superintendent to acquire right-of-way as soon as possible. Mainelli said he would prepare the NEPA documents.

For this fiscal year, Otoe County has been allocated over $1,000,000 from the State’s Highway Trust Fund. The NDOR has authority over all the roads in the state and are beginning to enforce regulations that have not always been followed in the past. NDOR has written a Local Project Assistance Manual and will provide training to all Highway Superintendents. They are being required to attend in order to be reeducated. If the NDOR determines that the County did something wrong or did not follow their standards, the County is fined by losing 10% of its highway allocation. Arlen Ross commented that the NDOR’s restrictions are inhibiting farmers. How can they get their crops to market if they can’t get to their fields because bridges or roads have been closed? Mainelli replied that the EPA is a strong agency that does not worry about money. He encouraged those in attendance to contact their senators if they have concerns and want laws changed. But for now, the County must follow their rules and again emphasized the need to prioritize projects; get NEPA documents completed; then acquire ROW in order to be qualified for the stimulus package if it is approved.

Acting Chairman Lade called for a ten minute recess.

The condition of several bridges was discussed including Bridge #32035 located on J Road between Roads 32 and 34. Steffensmeier said dirt is washing out and it needs new sheet piling. He has been watching it closely and would like to repair it before spring, anticipating that a heavy rain or even a spring thaw could cause the dirt in the abutment to give way. He said the County already has enough materials to fix it – the question is whether a contractor should be hired to do it or could it be repaired with county labor? The Commissioners directed Steffensmeier to obtain cost estimates with no formal action taken.

Steffensmeier said that the wall wings were washing out on Bridge #00815 on D Rd between Roads 12 and 14. He has not closed the bridge yet, but a wash out is moving closer into the roadway. This is located on a minimum maintenance road, so the Board will have to decide what to do with it - close the bridge, repair the bridge, or replace it with a new bridge or a tube.

Regarding Bridge #00330 southwest of Palmyra: Steffensmeier said he has prepared a letter requesting the NDOR to get an acceptance letter from NDOR to allow Otoe County to hire Mainelli/Wagner as Engineers to design and engineer a soft match bridge or concrete box culvert at this site. Replacing this bridge with a box culvert should cost between $80,000 and $120,000. This would be an out-of-pocket expense to the County; however, 80% of the final cost will be added to the County’s soft match credit. He also presented the Board with a contract between Mainelli/Wagner for doing the engineering work of this project. County Attorney Partsch said the contract was not given to him to review prior to the meeting. Therefore, the Board tabled the matter to the next meeting, allowing Mr. Partsch time to review the contract before signing.

Contracts were provided for FEMA Site 2 on County Road 20 between L and M and FEMA Site 3 located on Road 2 between K and L.

Steffensmeier also prepared program resolutions for bridges numbered 23520 and 13715. He explained that the first step in getting a bridge programmed as a federal aid project is to submit a resolution to the NDOR requesting the NDOR to act on the County’s behalf in procuring federal funding. The resolution includes a cost estimate and description of the proposed project.

All contracts and resolutions were given to the County Attorney to review before the next meeting. Commissioners Lade and Kreifels agreed they will work on prioritizing bridge projects at the next meeting when there will be a full board of five members.

There being no further business to come before the Board at this time, and since all items on the agenda have been disposed of, Commissioner Lade made a motion, seconded by Commissioner Kreifels to adjourn the meeting, until the next one, which will be on January 27, 2009. Voting aye were Commissioners Kreifels and Lade. Nay – none. Motion carried.

I, Janene Bennett, County Clerk of 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 the county seal this 13th day of January 2009.

Janene Bennett

Otoe County Clerk