NOTICE OF MEETING
NOTICE IS HEREBY GIVEN
that the Regular meeting of the Otoe County Commissioners of
AGENDA OF THE NEXT
MEETING
February 13, 2007
meeting, Audit and Sign payroll and regular
claims
8:35 a.m. – Discussion
and/or action RE: Road and Bridge matters
a) Discussion
and/or action RE: Wages for the foremen
b) Discussion
and/or action RE:
c) Discussion
and/or action RE: Miscellaneous
9:00 a.m. – Public
Hearing: Preliminary presentation of County’s 1 & 6 Year Road Plan
9:30 a.m. – Rick
Sedersten, Janitor: Discussion and/or action RE: Boiler repair/maintenance
9:45 a.m. – Carl
Satterfield, NCRS: Report of activities for Nebraska City Rescue Squad
10:00 a.m. – Open Bids:
Sheriff patrol vehicles
10:30 a.m. – Public
Hearing: Liquor License Application by Welsh Management Group dba The Clubhouse at
Table Creek
10:45 a.m. – Gregg
Goebel, EMA: Discussion and/or action RE: First Aid/CPR Classes
11:00 a.m. – John Palmtag: Discussion and/or action RE: Appointment to Visitors
Committee
11:15 a.m. – RONCO:
Discussion and/or action RE: Basement Renovation
11:30 a.m. – Bernard
Kreifels - Duane Teten: Discussion and or action RE:
Release of water from NRD Dam
Other business matters to address when time allows:
Discussion
and/or action RE: Regional Economic Development Loan Fund
Andrea Walters, Assessor: Tax
list corrections
Discussion
and/or action RE: Halversen Conservation Easement
Miscellaneous Correspondence and other
matters that may come before the Board
Janene
Bennett, Otoe
Immediately following
adjournment from regular session the Commissioners will convene as the Board of
Equalization to review applications for tax exemption on motor vehicles
Individuals requiring
physical or sensory accommodations, including interpreter service, Braille,
large print or recorded materials, please contact Janene Bennett,
FEBRUARY 13, 2007
The Otoe County Board of Commissioners convened in regular session at
8:30 a.m. on February 13, 2007 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 the Chairman of the Board Joy W Schroder. Answering present at roll call were Commissioner Schroder and Commissioner Haverty.
Commissioner Thummel was absent.
Commissioner Haverty made a motion, seconded
by Commissioner Schroder to accept the agenda as
posted. Voting -- Commissioners Schroder, aye; Haverty, aye. Motion carried.
Commissioner Haverty made a motion, seconded
by Commissioner Schroder to accept the minutes from
the previous meeting as mailed to them and not have them read. Voting –
Commissioners Haverty, aye; Schroder,
aye. Motion carried.
Commissioner Haverty made a motion, seconded
by Commissioner Schroder to audit and sign payroll
claims and regular claims as presented, unless otherwise noted. Voting –
Commissioners Haverty, aye; Schroder,
aye. Motion carried.
Chairman Schroder 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 Thummel arrived at 8:37 a.m.
Glen Steffensmeier, County Highway Superintendent,
came before the Board to discuss road and bridge matters. He said the foremen
have commented that before the union contract was signed they were making $2.30
an hour more than regular road employees. Now, the difference is only $1.86. Commissioner
Haverty said the foremen received a raise last July
and another one after the union contract was settled. They also received
retroactive pay the same as the union road employees. To keep in line with the
adopted budget for FY07, there should not be any more raises until the next
fiscal year which begins July 1st. The Board will consider a larger
increase for foremen’s wages next fiscal year.
At the previous meeting there was some discussion on constructing a shop
where bridge decks could be built indoors during the winter months; then
assembled when weather permits. Since then, he has spoken with several other
officials who said they need more storage space as well. The Sheriff is currently
paying about $200 a month to store evidence. When they need to impound a
vehicle, they have to rent a garage which sometimes can be for several months.
Commissioner Schroder suggested constructing an
addition on the west side of the Nebraska City Shop. Steffensmeier
said it could include a loft for storage of smaller items. Commissioner Haverty commented that the NC Police Department has the same
problem. He suggested talking with them to see if they would be interested in
sharing the cost to construct a storage facility.
Recently, Steffensmeier spoke with Joe Miller,
the agent handling the County’s Liability Insurance. He said he would like to conduct
a risk management assessment with county employees. There have been several
workmen’s comp claims submitted in the past two years, increasing the mod
factor and premium cost. He wants to find out what the problem is; where and
why the injuries are occurring. By doing an assessment, he hopes to create a
plan for encouraging work safety.
Last November Steffensmeier was forced to
close Bridge #M1905B0705 due to numerous defects in the concrete deck. It is located
within the corporate limits of the
A law was recently enacted requiring that counties must advertise for RFPs (Request For Proposals) when
selecting an engineering firm to draw up plans for road projects. The RFP
solicits engineering firms that are qualified to design and oversee a project;
it is not for pricing. He said he sent an ad to the News Press which will be
published for two consecutive weeks. He will select an engineer from the
applicants based on qualification; then make a recommendation to the Board at
the next meeting. The engineering
contract will be for a four-year period ending in December of 2010.
At 9:00 a.m. Chairman Schroder opened a preliminary
public hearing to review the 1 & 6 Year Road Plan as proposed by Supt Steffensmeier. Steffensmeier distributed color coded maps to each
commissioner. One map indicated proposed bridge project locations; one depicted
roadways that should be considered for paving / armor coating projects; and a
third map denoted areas that need general road improvements. He is making an
assessment of each bridge; then prioritizing projects according to need and
condition. He suggested upgrading roads that do not have bridges so that people
could get around better as opposed to fixing/replacing bridges on roads that
are not being used as much. He found that several tubes are rusting and need
replaced in the southwest section of the county.
Steffensmeier asked the Board’s permission to purchase a combination
TV/DVD Player. He noted that the NDOR has produced several DVDs that can be
loaned out to counties for educational purposes. They include a variety of
topics such as safety issues, operating training, etc. He thought the cost
would be less than $200. The Board agreed this would provide a good learning
tool for its road employees.
Steffensmeier noted that repairs to Motor graders #44 and
#56 are complete. The cost was more than the original estimate because when the
mechanic tore down the machines, he found more parts that needed replaced making
the repairs more extensive and more costly. Steffensmeier
said the mechanic checked with him to get his approval before doing the
additional work.
The Natural Resources and Conservation Service contacted Steffensmeier to invite him and other county officials to a
meeting on February 22nd at the Syracuse NRCS office. They will
discuss a proposal to rebuild a dam located on Hwy 2 near
There was a brief discussion involving the use of cell phones during a
Board meeting. Chairman Schroder suggested that the
Board institute a policy that attendees will be asked to turn off their cell
phones during the meeting. A sign will be posted to that effect.
Rick Sedersten, Courthouse Janitor, reviewed a
proposal drawn up by RONCO for providing eight additional isolation valves at
certain areas in the basement where future fan coil units might be added at a
later date. This proposal is submitted in an attempt to prevent draining and
refilling the HVAC system every time repairs are needed or airlocks are trapped
in the system. He said it cost about $1000 each time the system is drained.
Total amount of this proposal is $2,951. A second proposal involved the installation
of a new south entrance door. For several years there has been a problem with the
locking mechanism sticking. RONCO’s estimate to
replace the old door with a galvanized door, including hardware, a panic bar
and electric strike capability, was $3,532.
Carl Satterfield, representing the Nebraska City Rescue Squad, presented
a written report listing contact names and phone numbers as well as “call
breakdown” statistics. He said their average response time to an incoming call
is 2 ˝ to 3 minutes, with a goal of no more than 4 minutes. All members are
volunteers. Each one is assigned a day and time to be “on call”. All are required
to attend a number of hours of training which can be a deterrent in getting volunteers.
They own four rescue units; one is kept in
At 10:00 a.m. bids were opened for two sheriff patrol vehicles. Sheriff Gress received three bids from two dealers.
Dealer Vehicle Price Trade-In Net Cost
Larson Motors,
Larson Motors,
Larson Motors,
Kastens Ford,
Kastens Ford,
Chairman Schroder asked Sheriff Gress to review the bids for comparison and return later
with a recommendation.
At 10:15 a.m. a public hearing was conducted for the purpose of
obtaining public input regarding the possibility of declaring Sericea Lespedeza as a noxious weed in
Other business: The Review Board for the Economic Development Loan Fund
has reviewed a loan application submitted by Welsh Management dba the Clubhouse at Table Creek and recommends approval to
the
Andrea Walters,
At 10:30 a.m. a Public Hearing was held for the purpose of hearing
support or objections to the issuance of a liquor license to Welsh Management
Group LLC dba the Clubhouse at Table Creek.
Representing Welsh Management was Monica Welsh, co-owner. She said she and her
husband recently purchased the pre-existing Table Creek Golf Course and
Clubhouse. They are currently operating under a temporary license issued to the
previous owner until they can obtain one in their name. Commissioner Haverty made a motion, seconded by Commissioner Thummel to make a recommendation to the NE Liquor Control
Commission that a liquor license be issued to Welsh Management Group. Voting - Commissioners Schroder,
aye; Thummel, aye; Haverty,
aye. Motion carried.
Gregg Goebel, Emergency Management Director, said the Otoe County Safety
Committee is recommending that all county employees be given the opportunity to
take CPR and First Aid Training classes. Mr Goebel
and Carl Satterfield are licensed to teach these classes and have instructed individuals
for the past 12 years. An 8 hour course that includes training in CPR and First
Aid for the treatment of Adults, Children and Infants would cost $50 per person.
Commissioner Haverty felt this course should not be
mandatory, but offered to those who want to participate and suggested canvassing
the road employees to determine how many are interested. The County should pay
the fee for the classes and conduct them during county time or pay the
employees for their time to attend classes during non-working hours. Goebel
said if enough people sign up and the County enters into a 5 year contract,
they may be inclined to negotiate the price.
Goebel presented additional recommendations to the Board. Goebel said
the Committee would like to encourage employees to fill out an incident report to
identify issues or concerns that could be reviewed by the Safety Committee to
aid in the reduction of accidents. He also said the first aid kits placed in
county vehicles and buildings should be checked and replenished. The Board
instructed him to examine the kits and gave him permission to purchase items as
needed. Eventually, Goebel would like to purchase Automatic External Defibrillators
for each building, but there should be grant money available to cover that
expense.
John Palmtag, Chairman of the Otoe County
Visitors Committee, appeared before the Board to make a recommendation to
appoint Karen Houser, General Manager of the Lied Lodge and
Mr. Palmtag briefly addressed the Committee’s
policy for organizations, villages, etc who want to make a monetary request for
sponsoring a celebration or local event. He said the Committee is asking for 90
days notice for a request less than $500 and 6 months notice for requests over
$500. This will give the Committee time to work it into their budget. He plans
to leave request forms in the
Reuben Ventris, Project Foreman for RONCO, who
has been contracted to oversee the renovation of the courthouse and Jerry
Berggren, Architect, came before the Board to review costs of proposed change
orders. Item #1 – Furnish and install a door at the end of the tunnel
connecting the jail to the basement (existing door could not be salvaged) -
$1,310. Item #2 – Refinish remainder of basement corridor: Ventris
said there are a lot of openings in the ceiling and brick walls that that need
to be filled. These openings were made each time cabling, electrical wiring, or
communication lines were installed. In order to be fire code compliant, the
holes must be filled with fire proof materials to make the corridor a fire safe
exit. Abandoned wiring will be removed and hot cables/wires will be tagged to
identify their function. He quoted a cost of $50,173 to complete the western
section of the basement. Ventris noted there is extra
money in the bid to cover unforeseen problems common to an old building; so
this project may come in at a lower cost. Items #3 and #4 include the purchase
of the south exterior door and installation of shutoff valves that Rick Sedersten spoke of earlier for a total of $6,432.
Commissioner Haverty made a motion, seconded by
Commissioner Thummel to approve Items 1 thru 4 as
described above for a total of $57,915.
Voting – Commissioners Haverty, aye; Schroder, aye; Thummel, aye.
Motion carried.
In
Bernard Kreifels, Howard Bebout
and Duane Teten appeared before the Board to express
their concerns regarding the release of water from a dam structure that was
constructed about two years ago. It was built on property owned by Bernard and
David Kreifels and Howard and Lucy Bebout. It is located about 4 miles west of Paul and ˝ mile
south. The structure was built to replace a bridge and became a joint federal
aid project of the County and the Nemaha NRD. The landowners granted a permanent
easement to the NRD allowing them access to the structure for continual “inspection
and maintenance and flowage of any waters in, over, upon, or through the
structure.” In December, Duane Teten, who is
pasturing livestock 2 ˝ miles south of the structure, requested a release of
water from the dam for his livestock.
Chairman Schroder gave each party five minutes
to state their case. Kreifels was the first to speak.
He cited Section 4 of the easement stating “that upon completion of
construction…all land encompassing, but not limited to, the Pool Area, Flood
Plain Area, and Shoreline shall revert back to the Grantors for their sole use
except as stated in the permanent easement for inspection and maintenance by
the Grantee. Therefore, he contends that he has control over the water. He said
the easement was approved by the
Mr. Teten said he has lived in the area since
1957 and always had enough water in the creek for his livestock until the dam
was built. He said he is entitled to the water according to State Statute
46-241. The NRD owns the water and has the right to release the water for
downstream livestock. Normally the creek never dries up, but the cold weather
has frozen the spring and now he needs water. He said federal, state and county
money was used to construct the dam; the County owns the dam and should have
control. Every time the County turns on the valve to release water, the landowner
turns it off. He also said if anyone alters the dam or water flow, it is in
violation of the law. Teten said Kreifels
was not being a good neighbor by retaining the water for himself.
Kreifels asked Teten what
else he could do to water his livestock. He should have other options if he
would use them.
Kreifels said the NRD told him they would only check
valves, etc. He said he paid to have the pond stocked with fish and was concerned
that lowering the water level would endanger the fish. Funke
said even though Kreifels donated the land for the
pond and has an expense in stocking the pond with fish, Teten
still has a right to have sufficient water to water his livestock. Teten said the NRD man measured the water pool and said
water could go down 8 feet without causing any problems.
Funke said if there is no resolution made between the two landowners, then a
lawsuit will have to be filed to resolve the issue. He asked the landowners to
try to agree on an amount of water that can be released to serve the livestock
without endangering the fish. Teten thought a 4 inch
stream for 2 – 3 months would be sufficient. If we have a good winter, he may
not need any water at all. Kreifels did not agree. Funke asked them if he could get the NRD to determine how
low the water can be drained, would they be willing to follow NRD’s recommendation. Kreifels suggested
bringing in Games and Parks who may be better qualified to determine the safe
water level for fish. Bebout spoke: when the
structure was not there, there was very little water coming in; winter is the
worse time to take water from the pool because there is nothing to replenish
it.
Funke restated the law that says water cannot be impounded to keep water from
flowing downstream to landowners especially when livestock is involved. Commissioner
Haverty commented that by the time a court case is
filed, the problem will be resolved as soon as the weather warms up. He would
like the landowners to come to an agreement for future years.
Kreifels stated that he owns the land around the
pond and the valve is on his land. He would never have agreed to donating the land if he thought he would not have control. Chairman
Schroder asked the
Upon review of the bids opened earlier, Sheriff Gress
returned to the meeting with the following comments and recommendations.
Considering the bid prices and trade-in values, the difference between Larson
Motors and Kastens Ford for a 2007 Crown Vic was
$180; Kastens offered the lower bid that actually
included a couple additional features. Therefore, he recommended the bid be
awarded to Kastens Ford. Commissioner Schroder made a motion, seconded by Commissioner Haverty to purchase a 2007 Crown Vic from Kastens Ford for the lowest bid price of $13,700. Voting – Commissioners
Schroder, aye; Thummel,
aye; Haverty, aye. Motion carried.
Gress said there was a greater difference between the bids for a pickup. Larson
quoted a price of $20,495 for a 2007 Dodge Ram Pickup; Kastens
bid for a 2007 F150 Ford Pickup was $18,200, a difference of $2,295. (This
included trade-in value) Therefore, he recommended the bid be awarded to the
low bidder, Kastens Ford. Commissioner Haverty made a motion, seconded by Commissioner Thummel to purchase a 2007 Ford F150 pickup from Kastens Ford in the amount of $18,200. Voting –
Commissioners Thummel, aye; Haverty,
aye; Schroder, aye. Motion carried.
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 Haverty made a motion, seconded by Commissioner Thummel to adjourn the meeting, until the next one, which
will be on February 27, 2007. Voting – Commissioners Schroder,
aye; Thummel, aye; Haverty,
aye. Motion carried.
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 13th day of February 2007.
Janene Bennett
Otoe