NOTICE OF MEETINGS

February 10, 2009

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 February 10, 2009. The Otoe County Board of Commissioners will convene in regular session at 8:30 A.M. on February 10, 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, Accept Minutes from previous meeting

Therese Trombino, County  Assessor: Public Hearing: To consider approval of permissive tax exemptions

     Discussion and/or action RE: Tax List Corrections

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

                motor vehicle

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

                                                            AGENDA OF THE REGULAR MEETING

 

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

                                meeting, Audit and Sign payroll claims

 8:45 a.m. – Discussion and/or action RE: Safety Committee composition; Safety Manual Survey

 9:00 a.m. –Jacki Schmitz: Discussion and/or action RE: Application for Juvenile Justice Grant; County Aid

 9:15 a.m. – Larry Pelan, NIRMA (Nebraska Intergovernmental Risk Management Association): Presentation -

                    Insurance plan and other benefits

 9:45 a.m. – Joe Miller, Miller-Monroe Insurance:Presentation:Current Policy for Property & Casualty Insurance  

 Following presentations: Discussion and/or action to renew current insurance policy or advertise for RFPs

 10:00 a.m.-Marv Pesek, Veterans Svc Officer: Discussion and/or action RE: Office relocation to Family Center     

 10:15 a.m. – Discussion and/or action RE: KENO operator proposal

 10:30 a.m. -- Discussion and/or action to appoint a Public Defender to fulfill term ending in January 2011

 

Discussion and/or action regarding Road and Bridge matters

a)      Update construction progress on Bridge #32035

b)      Discussion and/or action RE: Introduction of various job-related forms

c)      Discussion and/or action RE: FEMA bridges (Resolution)

d)      Discussion and/or action RE: Repairs to excavator

e)      Discussion and/or action RE: Projects for the 2009-2014 1 & 6 Yr Road Plan

f)        Discussion and/or action RE: Water leakage into underground fuel tank

g)      Discussion and/or action RE: Fed Aid Bridge M1905B0705 in Palmyra

h)   Miscellaneous

           

Other business matters to address when time allows:

Audit and sign regular claims

Jackie Smith, Treasurer: Discussion and/or action RE: Pledged Security(s)

Discussion and/or action to appoint a County Commissioner to serve on the SE Dist Health Dept Board

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.        

                    

 

February 10, 2009

 

The Otoe County Board of Commissioners convened in regular session at 8:30 a.m. on February 10, 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.  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 Chairman of the Board, Timothy Nelsen. Answering present at roll call were Commissioner Nelsen, Commissioner Lade, Commissioner Crook, Commissioner Kreifels and Commissioner Freshman. None absent.

 

Chairman Nelsen 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.

 

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

 

Commissioner Kreifels made a motion, seconded by Commissioner Crook to accept the minutes from the previous meeting and not have them read as each member was furnished with a copy of same. There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Lade, Crook, Kreifels, Freshman and Nelsen. Nay – none. Motion carried.  

 

Commissioner Lade made a motion, seconded by Commissioner Kreifels to audit and sign payroll claims. There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Crook, Kreifels, Freshman, Nelsen and Lade. Nay – none. Motion carried.

 

Other business matters were addressed.

 

Jackie Smith, County Treasurer, requested the addition of pledged securities with Arbor Bank, Nebraska City in the aggregate amount of $600,000. Commissioner Kreifels made a motion, seconded by Commissioner Freshman to adopt Resolution 2009-3 approving said transaction. There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Kreifels, Freshman, Nelsen, Lade and Crook. Nay – none. Motion carried.

 

Upon review of the regular claims, Commissioner Kreifels made a motion, seconded by Commissioner Freshman to approve payment of the regular claims. There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Freshman, Lade, Crook and Kreifels; Commissioner Nelsen approved payment of said claims but with an exception - he abstained to approve the claims submitted by the Public Defender’s Office due to a conflict of interest. Nay – none. Motion was carried.

 

Regarding the appointment of a County Commissioner to serve on the Southeast District Health Department Board, Chairman Nelsen said he was told that the Chairman of the County Board usually fills this position. They meet regularly every three months, but are subject to being called to an emergency meeting if a disaster would occur. Commissioner Crook made a motion, seconded by Commissioner Kreifels to appoint Commissioner Nelsen as the Otoe County Commissioner serving on the Southeast District Health Department Board. There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Nelsen, Lade, Crook, Kreifels and Freshman. Nay – none. Motion carried.

 

Miscellaneous Correspondence: The NDOR sent notification to all Nebraska Counties that a new LPA (Local Public Agency) manual will be provided to all counties by March 9, 2009, and training will begin by April 6, 2009. The Federal Highway Administration (FHWA) sent an invitation to governing bodies seeking comments of proposed road projects. Plans are available at the NDOR’s Office in Lincoln or can be seen online at their website.

 

Commissioner Lade reported that the Safety Committee investigated an accident that recently occurred at the Syracuse Road Shop. A road employee was using a jack to work under a truck. As he was letting the truck down, the jack jumped out of a safety notch and his hand was crushed between the “I” beam and truck bed. The employee was off work for 5 days. By doctor’s order he has returned to work on light duty with minimum use of his hand. The Safety Committee recommends purchasing two 20 ton jacks and jack stands for each shop and recommends the use of two jacks when performing this kind of maintenance. The approximate cost is $700. Commissioner Freshman suggested buying one new jack and stand to see how it works; then decide whether to replace all of the jacks in each shop.

 

Commissioner Lade said the Safety Committee plans to develop a County Safety Manual, so he distributed a survey to each office holder/supervisor to get input on what material or procedures should be included in the manual. He contended that the manual would provide a means of enforcing safety procedures and outlining consequences for safety violations. County Attorney Partsch said an example of a safety manual can be found on the Work Force Website. Commissioner Lade added that he is also working on forms to be completed when reporting accidents.

 

In regards to the composition of the Safety Committee, law requires that there be an equal number of employers (supervisors) and employees. The old committee consisted of 10 members; however some of their terms expired in July of 2008 and one of them is no longer an employee. County Attorney Partsch said the membership needs to be equalized as there are currently more employees represented than management. John Bebout said it’s in the Union Contract that one employee from each shop shall serve on the Safety Committee.  

 

There was a report that employees have been seen smoking inside the county shops. This is not only a safety issue, but the County adopted a policy several years ago that there shall be no smoking in any county building; therefore employees who smoke inside the road shops are in violation. Commissioner Kreifels suggested designating a specific smoking area outside the buildings with a cigarette disposal receptacle. “No Smoking” signs should be placed in the buildings - all of this to be effective immediately.

 

As the grant writer for the County’s Juvenile Service programs, Jacki Schmitz gave board members a brief history of the legislation that was passed in 2001 allocating money to counties to develop a Comprehensive Service Plan that would address ways to divert repeated juvenile offenders. Otoe County has received approximately $13,913 each year since 2002.The 2009 County Aid Grant will be used to continue the After School Programming, the Juvenile Diversion Program and implement CASA (a court program involving abuse cases). In 2008, the Crime Commission offered a Juvenile Justice County Aid Enhancement Grant and Otoe County received $11,390. Ms. Schmitz is applying for a 2009 Enhancement Grant in the amount of $11,868. The money will be used to enhance the Juvenile Diversion program by the addition of interpretation and translation services; paying teachers a stipend for taking students on field trips as an incentive for good grades and attendance; and additional funding for the CASA program. Commissioner Crook made a motion, seconded by Commissioner Lade to authorize the Chairman to sign the grant applications for the 2009 State Juvenile Justice County Aid Grant and the 2009 State Juvenile Justice County Aid Enhancement Grant. There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Lade, Crook, Kreifels, Freshman and Nelsen. Nay – none. Motion carried. The total amount to be awarded is $25,781.

 

Larry Pelan, the Underwriting Manager for NIRMA (Nebraska Intergovernmental Risk Management Association), appeared before the Board to explain how NIRMA was created and what it has to offer. He referred to a booklet “The Road to Successfully Insuring Nebraska Counties”. NIRMA began in 1988 as a self-insurance pool created expressly by and for Nebraska counties. Its mission is to provide superior insurance coverage and risk management services tailored to county government. Its broad range of coverage includes property, general liability, employee liability and workers’ compensation. Currently, there are 78 counties and 5 Area on Aging Agencies enrolled. The NIRMA Board of Directors consists of 11 members who are County Officials. NIRMA ranks among the most respected local governmental risk management and self-insurance pools in the country. It is financially strong with over $22,000,000 in surplus right now. Members are owners of the pool; there are no stockholders. All employees are salaried with no commissions. NIRMA also offers enhanced services to its members such as full-time insurance adjusters who can be called on as needed; an aggressive loss prevention program designed to assist members in addressing safety and loss controls; and an expeditious means for resolving claims. Deductibles are kept low - $250 for auto and $500 for all other property; there is no deductible for general or law enforcement liability. Commissioner Freshman asked, “What about catastrophic loss”? Mr. Pelan said they have never exceeded their retention levels, but if a loss occurred that exceeded the amount in the pool, each member would be assessed an amount to make up the difference.

 

There being no further questions or comments for Mr. Pelan, Chairman Nelsen called for a recess at 9:30 a.m. until the next appointment which is scheduled for 9:45 a.m.

 

At 9:45 a.m. it was duly noted that all Board members were present and the meeting resumed.

 

Joe Miller with Miller-Monroe-Farrell Insurance came before the Board to review the benefits offered through his agency. Tom Farrell and Scott Miller were also in attendance. Mr. Miller noted that he has been the underwriter for the County’s liability and casualty insurance for the past 21 years. Currently, the County is insured with Berkshire Hathaway, a company with an A++ financial rating. He noted that the County’s workers’ compensation has had adverse experience for the past 3 years (over $345,000 in claims) causing an increase in premiums; however the mod index has dropped from 1.39 to 1.23 this past year. He has been proactive in conducting loss control workshops and stressing the importance of safety in the work place. He provided each Commissioner with a Statement of Values listing all real property owned by the County for a total of $11,236,655. When asked the question of a catastrophic claim, Mr. Farrell said that the County’s policy has blanket coverage, unlike a pool that shares the risk. Mr. Miller said his office is easily accessible, being located only a block away from the Courthouse and encouraged the Board to renew the current policy for at least one more year. Commissioner Freshman made a motion, seconded by Commissioner Crook to renew the liability and casualty insurance policy with Miller-Monroe-Farrell for one year. There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Lade, Crook, Kreifels, Freshman and Nelsen. Nay – none. Motion carried. The policy’s renewal date is April 17, 2009.

 

Marv Pesek, Veterans Service Officer, appeared before the Board to discuss a commitment made by the previous Board to move the Veterans Service Office to the Family Center. At a Board Meeting in February of 2006, a motion was passed to sign a letter of intent stating the Board’s intention to relocate the Veterans Service Office when the remodeling was completed. However, no further action has been taken since then. Pesek said he has been told that the building should be ready for occupancy by the end of March. So it will be the present Board’s decision whether to actually make the move. The Family Center’s one-stop concept is to house all agencies in one building that deal with social type services as a convenience to their clients. Among other potential occupants are DHHS, SENCA, Project Response, Dept of Labor, and RCEDC. The proposed annual lease was calculated at $4,070 plus incidentals. Commissioner Kreifels questioned, “What is the benefit to move”? Pesek noted that in his capacity as General Assistance Administrator, he works closely with SENCA, DHHS, and Project Response, all of whom will be located in the Center.  But as the Veterans Service Officer he sees no advantage; the veterans prefer to be served from the Courthouse. Commissioner Freshman asked for Pesek’s personal feeling. Pesek said there are good and bad points to every issue, but unless the Board has good plans for utilizing the office space he currently occupies, he sees no justification in the move. Concerned with budgeting issues, Commissioner Kreifels asked if a commitment had to be made this year. Would there possibly be space available later - in another year? Commissioner Crook agreed the economy has drastically changed since the time the letter of intent was signed. Jackie Smith, County Treasurer, asked the Board to seriously consider the matter before committing to the move; the County really needs to justify the cost.

 

County Attorney Partsch said he has reviewed the proposal submitted by Advance Gaming Technologies to operate a keno-type lottery in Otoe County. He has spoken with the President of the company, John Hassett, to verify information and talked with the Village Clerk in Otoe who has worked with Mr. Hassett to set up Keno in her village. She said she was very pleased with his service and availability. Partsch said the proposal includes a payout of 74%, which is above the statutory level of 65%. The County will receive 12% of the intake but will have to pay 2% to the State. The lottery operator will receive 14% of the gross proceeds and from this amount he must pay all expenses. The operator noted that a larger payout will attract more players, thus making more money for the County. Most other entities get less than 10%. The operator has signed a satellite agreement with Table Creek Club House to conduct keno in that establishment. Partsch said he will have the Dept of Revenue review the proposal for compliance with the Nebraska Lottery Act. He said the Board may adopt a resolution with restrictions, such as prohibiting elected officials from playing the game. The next step is to draw up a contract between the County and the Operator and submit an application to the Nebraska Gaming Commission. Commissioner Kreifels made a motion, seconded by Commissioner Lade to accept the Keno operator proposal as submitted by Advanced Gaming Technologies and to direct the County Attorney to proceed with finalizing the required paperwork, including a contract and drafting resolutions with optional restrictions. The length of the contract shall be five years. There being no further discussion, Chairman Nelsen called for a vote.  Voting aye were Commissioners Crook, Kreifels, Freshman, Nelsen and Lade. Nay – none. Motion carried.

 

The County Clerk reported that she received one application to fill the position of Public Defender; that being Michael Ziskey who is the current Deputy Public Defender. She also received letters of recommendation for his appointment from attorneys John Horan, John Voelker and Jenniffer Panko-Rahe. Commissioner Kreifels made a motion, seconded by Commissioner Freshman to appoint Michael Ziskey to fill the vacancy of Public Defender, term ending in January of 2011. There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Kreifels, Freshman, Lade and Crook. Commissioner Nelsen abstained due to a conflict of interest. Nay – none. Motion carried.

 

Glen Steffensmeier, County Highway Superintendent, Wally Pohlman and Rich Kuenning, Road Foremen and Lynn Denniston, Bridge Foreman, came before the Board to discuss road and bridge matters as listed on the agenda.

 

a) Progress report on Bridge #32035 located 1 mile east of Syracuse – Midwest Underground was awarded the job at the last meeting to repair the bridge. Frost is now beginning to come out of the ground and construction should begin next week, weather permitting.

 

b) Introduction of various job related forms now in use: Steffensmeier provided each Commissioner with sample forms that he has designed in an effort to maintain an efficient work place. 1) Time Sheet – employee completes daily noting start time, time out, ending time, hours worked etc. 2) Work Order Request form – to be completed when there is a complaint received and request for repair. 3) Maintenance Project Form – to be completed by a foreman noting project description, materials used, hours of labor and total cost. 4) Maintenance Service Report – completed by employee who performs routine maintenance on a piece of equipment. 5) Expenditure Report – presented a sample from another county that Steffensmeier would like to implement; it would be a compilation of information from other worksheets as a means to monitor budget lines within a fiscal year. Commissioner Nelsen asked that he deliver the Work Orders to the County Clerk on Thursday before a Commissioners meeting so that she can make copies and include them in the commissioners’ packets. For accountability reasons, Commissioner Nelsen said that the Highway Supt needs to know what work the Commissioners want done; who will be assigned the job; and a report of its progress.

 

Steffensmeier handed each board member a report generated by the NDOR indicating a total of 1038 miles of roadway in Otoe County.  He also provided them with a color coded map of road classifications. He noted there are 191 miles of minimum maintenance roads, 34 miles of hard surfaced and 813 miles with rock or gravel. He said the amount the County receives in highway allocation is based on the number of miles of roadway of each classification. 

 

c) FEMA bridges – Commissioners Nelsen and Lade, Supt Steffensmeier, and Foreman Denniston met with a FEMA agent at four proposed bridge sites on January 29th. The agent agreed FEMA would consider replacement of the following three bridges if the County and its engineers could demonstrate that the bridges cannot be repaired or the repair costs would be more than 50% of replacement: Bridge #00515 located south of Intersection I-4; Bridge # 11330 south of Intersection G-12; and Bridge #1515 north of R-14. No settlement was made on Bridge # 02530 south of I-24 crossing over the Little Nemaha River. According to a resolution passed in 1993, the County established a standard width of 28 feet for new bridges constructed. This bridge is less than 16 feet wide, but the minimum design standards manual says it must be reconstructed to a standard width of 20 feet.

 

d) Repairs to Excavator – Commissioner Freshman said he physically examined the machine and compared it to the insurance adjuster’s report that listed repairs in the amount of $15,181.44. He said it appeared to him that the step could be fixed by the road crew. He did not see a need to replace the cab door for $2384 or affix new decals or CAT emblems for $250. He recommended taking the machine to Nebraska Machinery to have the rear engine cover door and battery box cover replaced, the front windshield; and cover doors on the left side, but not the right side. He also suggested having a pin replaced and other normal maintenance done that would enhance its operation. He felt it was more important to make the machine functional than making it “pretty”, especially when there is no plan to trade the machine off in the near future. He said he consulted with the employee who usually operates the machine and he agreed on what needs to be fixed. Commissioner Freshman made a motion, seconded by Commissioner Kreifels to approve the suggested repairs to the excavator as he outlined above. There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Freshman, Nelsen, Lade, Crook and Kreifels. Nay – none. Motion carried. Commissioner Freshman suggested that Steffensmeier order the parts ahead of time; then make an appointment to have the excavator repaired after the parts arrive.

 

e) One and Six Year Road Plan – Steffensmeier presented the Board with a list of 16 road projects for the County’s One Year Plan. Commissioner Nelsen asked Steffensmeier to add the Commissioner’s suggested projects to the plan as well since they spent time driving the roads of their district to determine priority projects. James Cook asked if Bridge #53860 was listed on the Plan. Steffensmeier said it was on the Six Year Plan with an estimated cost of $350,000 for bridge replacement. Cook questioned whether it could be replaced with something less costly, such as a low water crossing or box culvert. Denniston agreed with Steffensmeier that a low water crossing would not work in this situation and that an engineer would have to study the area to offer other options. Projects listed on the One-Year Plan include the 4 FEMA bridges and 15 other bridges that will be Soft Match Projects. A public hearing will be held at the February 24th meeting to finalize the One and Six Year Road Plan for 2009-2014.

 

Otoe County has 14 bridges “ready to go” that should qualify for the federal stimulus package. If some of these bridges are approved as stimulus projects, more bridges could be constructed next year.  Commissioner Nelsen asked Steffensmeier to compile a list of Soft Match Projects for the next meeting. Then the Board can prioritize these projects according to need and determine how much they will cost and how much the County can afford to do. 

 

f) Underground fuel tank – Emergency Management Director, Gregg Goebel told Steffensmeier that if water is leaking into the tank, the soil must be probed for samples to see if fuel is leaching into the ground. Foreman Pohlman said the tank is nearly 2/3 full of water again, but it appears the water has stopped running in since it has stabilized at that level. Steffensmeier said he did not open the concrete pad to see if the vent pipe was the cause of the leakage. Commissioner Freshman questioned whether the County should get an environmental specialist to sample the ground first. Since Shirley Environmental installed the tank, the Board directed Steffensmeier to contact them to have soil samples taken as soon as possible.

 

g) Bridge #M1905B0705 – This bridge is located within the corporate limits of the Village of Palmyra. In July of 2007, the Village and the County signed an interlocal agreement whereby the County agreed to act on the Village’s behalf in getting this project programmed for federal aid. Steffensmeier said he is going to have Engineer Mark Mainelli conduct a study and make a recommendation for its replacement. Concerned with finances, Village representatives preferred that it be replaced with a box culvert which would be cheaper than a bridge. Steffensmeier said a box culvert would probably cost between $150,000 and $200,000 and the Village’s cost share would be 15%; about $22,000 to $30,000. The County would have to pay the expenses up front; then the Village would reimburse the County. He said it would probably be at least 2 years before the project is completed, so the Village will have time to budget for it.

 

h) Miscellaneous – All road crew employees will be issued ID badges just like the ones worn by the Courthouse employees. Lynn Denniston provided each board member with a list of closed bridges which included suggestions for repairs, a list of materials needed and a cost estimate. Commissioner Crook asked if a similar type list could be prepared notating cost of repairs for the red flagged areas in her district. Chairman Nelsen thought it would be a good idea to have a list for the entire County. Nelsen also said he is considering installation of a GPS device in each county vehicle. It will record where a vehicle has been; how many miles were driven; keep track of oil changes and other maintenance items. He asked Steffensmeier to provide him with a list of vehicles used by the road department, including motor graders.

 

There being no further business to come before the Board at this time, and since all items on the agenda have been disposed of, Chairman Nelsen declared the meeting adjourned at 11:55 a.m. The next regular meeting will be held on February 24, 2009.  

 

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 10th day of February 2009.

 

 

 

Janene Bennett

Otoe County Clerk