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 February 14, 2006, in the County Courtroom (108) of the Otoe County Courthouse at Nebraska City.  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                                        February 14, 2006

                             

 

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

                                meeting, Audit and Sign payroll and regular claims

 

 9:00 a.m. -- Public Hearing: Proposed 1 & 6 Year Road Plan

 

 9:15 a.m. -- Discussion and/or action RE: Road and Bridge matters

1)      Discussion and/or action RE: Agreement with Mark Mainelli to perform duties of Hwy Supt

2)      Discussion and/or action RE: Legal fees for Union negotiations

3)      Waterway agreement for Dwight Wenzel

4)      Discussion and/or action RE: Fence line boundary for Glen Royal

 

10:00 a.m. – Scott Bovick, NC City Administrator:

                       1)  Discussion and/or action RE: Interlocal Agreement for building inspections and permits

                       2)  Discussion and/or action RE: Highway 2 Overpass Project

 

10:15 a.m. – Discussion and/or action RE: Appointment to Otoe County Visitors Committee

 

10:30 a.m. – Marv Pesek, Veterans Service Officer: Discussion and/or action RE: Office space at the N C Center for Children and Families

 

10:45 a.m. – Jerry Berggren, Architect: Discussion and/or action RE: Courthouse Renovation Project;

                          Review of Space Study

 

 

           

            Other business matters to address when time allows:

                      

            Jackie Smith, Treasurer: Discussion and/or action RE: Tax Refund(s)

            Brandi Ellis, Assessor: Discussion and/or action RE: Tax List Corrections

            Marv Pesek: Discussion and/or action RE: GA cases/applications (exec session)          

           Miscellaneous Correspondence and other matters that may come before the Board

           

 

                                                                                                                        Janene Bennett

                                                                                                                        Otoe County Clerk                     

 

 

 

Immediately following adjournment from regular session, the Commissioners will convene as the Board of Equalization to consider a tax exemption application

 

 

February 14, 2006

 

The Otoe County Board of Commissioners convened in regular session at 8:30 a.m. on February 14, 2006 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, Commissioner Stratker and Commissioner Giittinger. None absent.

 

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

 

Commissioner Stratker 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 Stratker, aye; Giittinger, aye; Schroder, aye. Motion carried.

 

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

 

Commissioner Giittinger made a motion, seconded by Commissioner Stratker to direct the County Treasurer to issue a tax refund to Duane Miller, DDS in the amount of $63.66. Voting – Commissioners Schroder, aye; Stratker, aye; Giittinger, aye. Motion carried.

 

County Assessor Brandi Reimers presented the following tax list corrections for Board approval: 1)Sporhase Farms – deduct $91.98 – made adjustment after receiving correct depreciation schedule; 2) Carol Thurman – deduct .48) – adjustment for depreciation; 3) Bank of Talmage – deduct $73.40 – removed computer server from depreciation schedule. 4) Terry Knickman – deduct $18.10 – equipment listed twice. 5) Mother Goose Preschool – deduct $5.56 – equipment listed on two returns. 6) Arlyn Werner – deduct $44.26 – equipment listed twice. 7) Hemmer Towing Inc – deduct $167.18 – Licensed vehicle was listed on return. Commissioner Giittinger made a motion, seconded by Commissioner Stratker to approve the above tax list corrections as presented. Voting – Commissioners Stratker, aye; Giittinger, aye; Schroder, aye. Motion carried.

 

At 9:00 a.m. a public hearing was held for the purpose of hearing support, objections comments, and/or suggestions to the proposed 2006-2007 thru 2011-2012 One & Six Year Road Plan for Otoe County. Thirty-seven projects are proposed for the One Year Plan, including three federal aid bridge replacements; however, Mr. Mainelli said that only one is scheduled for actual construction. There are 29 additional projects listed within the Six Year Plan. There being no additions, deletions or objections, Commissioner Giittinger made a motion, seconded by Commissioner Stratker to adopt the 2006-2007 thru 2011-2012 One & Six Year Plan as compiled and presented. Voting – Commissioners Giittinger, aye; Schroder, aye; Stratker, aye. Motion carried. The Plan must be submitted to the State Department of Roads by March 1st, 2006.

 

Other road and bridge issues were addressed at this time. Foremen Wally Pohlman, Rich Kuenning and Lynn Denniston were available for discussion as well as Mark Mainelli, who has been acting as the County Highway Superintendent.

 

The County Clerk reported that, to date, the County has paid Jerry Pigsley’s firm $7600.00 with a $4,144.76 bill still pending. The firm was hired to negotiate a collective bargaining agreement between the Union (representing the County’s Road Crew) and the County Board. The Board had previously set limits as to how much could be spent, but the process is taking longer than anticipated because of a disagreement in its terms. Commissioner Stratker made a motion, seconded by Commissioner Schroder to pay the bills for negotiation fees as they are received; said bills to be paid out of the road fund with no set limits. Voting – Commissioners Schroder, aye; Stratker, aye; Giittinger, no. Motion carried. Commissioner Schroder said he intends to keep the public informed as to how much is being spent.

 

A Waterway Permit was granted to Dwight Wenzel that allowed him to construct and incorporate a waterway into a county road grader ditch located in the S ½ of the SE ¼ and N ½ of the SE ¼ S35-T8-R13.

 

Recently, the County Surveyor, Dave Schmitz, inspected the location of a new fence line as requested by the landowner, Glen Royal. Mr. Schmitz signed a certification verifying that the fence line was indeed out of county road right-of-way and should not interfere with any future road grading or reconstruction. Mr. Royal has requested that the County Board sign the certificate as well. The Board agreed they will seek advice from the County Attorney before signing.

 

At the previous meeting, Mark Mainelli had presented the Board with a copy of an agreement outlining his terms to fill in as the County’s Highway Superintendent until a permanent one was hired. The agreement was given to the County Attorney for review who found everything to be in order. Mr. Mainelli said it is his intention to get the road program up and going and act as an advisor on a temporary basis only. He said most of the paperwork and field work can be done by the current personnel. As an option, there was some discussion on the possibility of entering into an interlocal agreement with Cass County to share their Highway Superintendent, Randy Wilkin. Mr. Mainelli said Mr. Wilkin was qualified, but the agreement should define the scope of services so that there is a probationary period. It should set a time for review and reassessment to make sure that Mr. Wilkin would have the time and resources to handle the work of both counties. It should also include a means of terminating the agreement if it doesn’t work. County Attorney Funke advised the Board to hold a meeting that would include members from the county boards, road personnel, and legal advisors of both counties who could thoroughly discuss the matter before initiating any type of agreement. In the meantime, Commissioner Giittinger made a motion, seconded by Commissioner Stratker to sign and enter into a contract with Mark Mainelli to perform the duties of a highway superintendent; said contract’s duration period is January 1, 2006 through December 31, 2006. Voting- Commissioner Stratker, Commissioner Giittinger, aye; Commissioner Schroder, aye. Motion carried. The contract may be terminated by either party at any time upon 30 day written notice.

 

As Acting Highway Superintendent, Mark Mainelli addressed several other matters. He advised the Board that he released Timberlake Subdivision of the “letter of credit” since all requirements have been met.

 

He received a final billing from the Nemaha NRD regarding the road dam project west of J-60. The total project cost was $147,738.78. The County prepaid $47,879.51 out of the FY04-05 budget; the NRD pledged to pay $69,000, leaving a balance of $30,859.27 due from Otoe County. Commissioner Stratker made a motion, seconded by Commissioner Giittinger to pay Nemaha NRD the remaining balance of $30,859.27. Voting – Commissioner Giittinger, aye; Commissioner Schroder, aye; Stratker, aye. Motion carried.

 

Regarding BRO-7066(35) federal aid bridge project located approx 1 ½ miles east of Hwy 75 on S Rd: Mr. Mainelli said the Board will need to select an observation & staking consultant to oversee this project. According to the NDOR, the state does not have sufficient personnel to manage the project, so the County is given the option to provide a county employee who will oversee construction or select a consulting engineer to provide the services. Total engineering fees are estimated at $54,161. If the fees would exceed $100,000 then the County would have to formally prepare and advertise a “Request for Proposal” (RFP). Otherwise, the Board can just appoint an engineer and notify the NDOR of their selection.  

 

At 10:00 a.m. Commissioner Giittinger excused himself from the meeting due to a conflict of interest regarding Nebraska City’s proposal to consolidate the services of a building inspector.

 

Scott Bovick, Administrator for the City of Nebraska City, appeared before the two remaining Board members to explain the terms of an agreement whereby the County and City would share the services and costs of the City’s current Building Inspector, Alan Viox. Within its terms the City would be responsible for issuing building permits and collecting fees. When fees are collected for construction within the County’s jurisdiction, the City will retain 50%; the other 50% will be remitted to the County Treasurer on monthly basis. Mr. Viox will work out of his office at city hall where all office supplies and clerical services will be provided. The same building permit forms and fee schedule will be used for issuing permits within the City’s or County’s jurisdiction. The City will maintain insurance and be responsible for representation in court cases if needed. Mr. Viox will consult with the County’s Zoning Administrator, Dave Schmitz, before issuing permits and will meet with the County Board as needed or requested. Payment for inspections of construction resulting from permits issued prior to the effective date of this agreement will continue to be assessed at $30 per hour plus mileage. Mr. Viox feels he has the time and personnel to handle business for both the City and County which he has been doing for the past two months. Commissioner Stratker made a motion, seconded by Commissioner Schroder to authorize Chairman Schroder to sign the Interlocal Agreement between the City and the County as presented above and to insert an effective date of Feb 15, 2006. Voting – Commissioner Schroder, aye; Commissioner Stratker, aye. Motion carried. The duration period is one year with a termination clause requiring a 30 day notice by either party.

 

Commissioner Giittinger returned to the meeting.

 

Mr. Bovick then presented a letter outlining four points of concern regarding the construction of the Hwy 2 Overpass south of Nebraska City. The letter is being written in an effort to share these concerns with the NDOR and express suggestions for solutions. 1) The NDOR should not expect the Outlet Mall to provide public circulation through its parking lot as a means to access Arbor Trails Winery or Johnny’s Cycle. The letter suggests that the project should include a paved road beginning at Hwy 75 South and proceeding east to the 3rd Street/Hwy 2 intersection. 2) In the area southwest of the intersection, the NDOR has included the construction of a graveled road from Hwy 75 South and proceeding west to 63rd Road. The letter requests that the roadway should be constructed with an asphalt surface. 3) Northeast of the intersection, the letter suggests that the NDOR should pave 63rd Road at Hwy 75 north to Grundman Blvd and then east on Grundman Blvd to S 11th St. 4) As a reminder, the NDOR previously agreed to keep the first access on Hwy 75 north of the Hwy 2 Interchange open, and will give the City some authority over future improvements at this intersection. Mr. Bovick said he spoke with the NDOR this morning and got a positive feeling that the NDOR will accept the four proposals. He also plans to include a list of 35 residents whose property will be directly affected by the reconstruction. He felt the letter would have more impact if it were jointly signed by County and City officials. Commissioner Stratker made a motion, seconded by Commissioner Giittinger to authorize Chairman Schroder to sign the letter, approving the proposals as read.    Voting- Commissioner Stratker, aye; Giittinger, aye; Schroder, aye. Motion carried.

 

Since no names were submitted, Commissioner Giittinger made a motion, seconded by Commissioner Stratker to table the appointment of a member to the Otoe County Visitor Committee. Voting -- Commissioners Giittinger, aye; Schroder, aye; Stratker, aye. Motion carried.

 

Marv Pesek, Veterans Service Officer, came before the Board to discuss the possibility of moving his office to the Nebraska City Center for Children and Families. Dale Haverty, who is the Director of Planning for the Center, said a loan has been approved for purchasing and remodeling the old Elks building west of town. Their objective is to create a one stop center to serve clients with similar needs in one building. They expect occupancy in about a year. The current Veterans Service Office is 320 square feet. In the new building, all occupants would have access to the common areas such as conference rooms, restrooms, break room, hallways, etc. Occupants will be charged a rental fee based on the square footage of their office space plus a prorated portion of the common areas and a share of the utilities. Mr. Pesek calculated a cost of $4,070 a year for rent. Mr. Pesek said he doesn’t have strong feelings one way or the other for moving. The Veterans Committee sees no advantage to making the move; veterans are used to coming to the courthouse and most people, especially the elderly, don’t like change. Mr. Pesek noted that, by statute, discharge papers are to be filed in the County Clerk’s Office, so there will always be a need to keep contact with the courthouse. He felt the deciding factor should be whether the County can better utilize the space he is currently occupying. The one stop concept is being used in other counties, but none are housing the Veterans Service Office. Since Mr. Pesek also serves as the General Assistance Administrator, the move would definitely be a benefit to those clients seeking financial assistance from similar agencies. Mr. Haverty said he would like a letter of intent if the County is considering relocation of the Veterans Service Office at the Family Center; however, the letter is not binding. The Board asked the County Attorney to draft a letter of intent that will include terms and conditions provided by Mr. Haverty.

 

Jerry Berggren, chief architect for the courthouse renovation project, summarized the contents of a 52 page space study presented to the County Board. According to the study, the courthouse is short of space by nearly 9000 sq ft. He broke down the space usage into five groups – administrative, judicial, law enforcement & emergency, public services, and support services (such as restrooms, hallways, supply rooms, etc.) The most deficient shortage is in the judicial category. There are no designated areas for private conferences; the Public Defender and County Attorney already are located off premise and more probation officers are being assigned to this area. Crime is growing, so more space will be needed in the future, not only for the judicial system, but for law enforcement/jail facilities as well. Berggren said he found a floor plan in the Clerk’s vault drawn up in 1935 indicating that the courthouse was short of space 70 years ago. Within the next few years, the County will need to consider construction of additional space, such as building a second story on top of the jail facility. But for now, the Board needs to consider relocating some of the offices elsewhere. He identified 3 offices that can function outside of the courthouse – Probation, Veterans Service Office, and Driver’s Examiners. After speaking with the Chief District Probation Officer, he was told they would consider leaving the courthouse if there was office space available nearby, within walking distance. The Board asked Berggren to pursue finding off premise space for these three offices. A likely option for the Driver’s Examiners and Veterans Service Officer would be to move them to the Family Center. Berggren will also check further into solutions for creating more space for law enforcement and the judicial system.

 

Berggren reviewed several proposed change orders: 1) window coverings to keep out heat and glare from filtering through 7 windows on the south and east sides of the second floor offices. The roller shades are a temporary solution and will be measured to fit in the arch of the windows – cost $1416.72; 2) purchase of a fall protection harness for the janitor to use when he climbs onto the roof for $329.99; 3) Installation of sufficient lightning protection; the current lightning protection was not complete and not grounded – cost $19,640; 4) metal cladding of the cupola for $38,401 or repainting the cupola for $5,398. He said it is not peeling now, so this could be done some other time; 5) repair of a sag in the roof south of cupola that was discovered by the roofing contractor - $1,125. Commissioner Giittinger made a motion, seconded by Commissioner Stratker to approve items 1, 2 and 5 for a total amount of $2,871.71. Voting – Commissioners Schroder, aye; Stratker, aye; Giittinger, aye. Motion carried.  Item 4 was disapproved. Questions were raised regarding Item 3 (such as insurance, warranty, effectiveness, and necessity) that need to be researched before making a decision to approve or disapprove.

 

Mr. Pesek said he had no general assistance applications/cases to discuss at this time.

 

Commissioner Giittinger made a motion, seconded by Commissioner Stratker to recommend Mark Mainelli as the Project Manager for the Julian East Bridge Project discussed above and to send the selection notice to the NDOR. Voting – Commissioners Stratker, aye; Giittinger, 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, Joy W Schroder, Chairman of the Board, declared this meeting adjourned, until the next one, which will be on February 28, 2006.

 

At 12:00 p.m. a meeting of the Board of Equalization was called to order by the Chairman of the Board, Henry A Stratker. Answering present at roll call were Commissioner Stratker, Commissioner Giittinger, and Commissioner Schroder. None absent.

 

Upon consideration of an application made by American Legion Post #8 for exemption of taxes on three motor vehicles owned by the nonprofit organization, Commissioner Giittinger made a motion, seconded by Commissioner Schroder to approve the exemption application as filed. Voting – Commissioners Stratker, aye; Giittinger, aye; Schroder, aye. Motion carried.

 

There being no further business to come before the Board of Equalization at this time, and since all items on the agenda have been disposed of, the meeting was adjourned at 12:02 p.m. by the Chairman of the Board, Henry A Stratker.

 

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 14th day of February 2006.

 

 

Janene Bennett

Otoe County Clerk