NOTICE OF MEETING
NOTICE
IS HEREBY GIVEN that the Otoe County Board of Commissioners will meet in
regular session at 8:30 a.m. on February 24, 2009 in the
AGENDA ___________________________________ February
24, 2009
8:30 a.m. -- Open Meeting; call roll;
accept agenda; accept minutes from
previous
meeting; audit and sign payroll claims and regular claims
8:45 a.m. – Dave Schmitz, Zoning
Administrator: Public Hearing to approve plat for J and A Acres Subd
as requested
by Barbara and Greg Stukenholtz
8:50 a.m. -- Gregg Goebel,
Discussion
and/or action RE: Funding of communication projects
9:00 a.m. – Rena Pugh, SENCA:
Quarterly report
9:15
a.m. – Discussion and/or action RE: Approval of lottery
operator agreement; Resolution regarding
qualification standards; Resolution regarding restrictions
on players; approval of license application
9:30 a.m. – Dave Partsch Co Atty: Discussion and/or action RE: Easement Deed to
access road to Missouri River Basin Lewis and Clark
Interpretive Trail and
9:45 a.m. – Steve Lade, Safety Committee:Discussion and/or action
RE: Issues discussed at Feb 19th meeting
10:00
a.m. – Open public hearing RE: Proposed 1 & 6 Year Road Plan (2009-2014);
Close at 11:00 a.m.
Discussion and/or action regarding miscellaneous road and bridge matters
as listed below:
a) Resolutions for relaxation of
bridge design loading for #C006600425; #C006653230; #C006621460
and
Program Resolutions for Bridges #13715 and #23520
b) Establishing
ruling for right-of-way involving new construction of roads and bridges
c) Report of “red flagged” areas indicating need for repair
on county roadways
d) Update on 2007-2008 FEMA
projects
e) Construction
crew(s) for road and bridge work
f) Make up of
road crew(s) and construction crew(s)
g) Chain of supervision
h) Property issues and reporting
procedures
i)
Employee issues and reporting procedures
j) Road issues and reporting
procedures
k) Meeting reports to the
Commissioners from the Road Dept
l) Financial management of the
Road Dept
m) Road rebuilding projects
n) Job descriptions
o) Mechanic for Road Dept
p) Work hours during the summer
and winter
q) Appointment of Commissioners
to serve on Bargaining Committee with Nebraska Public Employees 251
r) Scheduling motor grader workshop through
Nebraska LTAP
s) Personnel issue
11:00 a.m. – Discussion and/or action
to approve 1 & 6 Year Road Plan for 2009-2014
Other business matters to address when time
allows:
Discussion and/or action RE: Sample
lease agreement to relocate Veterans Service Office to the
Discussion and/or action to form a
committee in response to a request for planting a tree memorial
Miscellaneous Correspondence and other
matters that may come before the Board
.
Following lunch break,
Commissioners will examine bridge sites located in Commissioners Dist 1 and
part of Dist 4
Janene Bennett
Otoe
The
Individuals requiring physical or sensory
accommodations, including interpreter service, Braille, large print or recorded
materials, please contact Janene Bennett,
February 24, 2009
The Otoe County Board of Commissioners convened in regular session at
8:30 a.m. on February 24, 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 with one correction - change the Commissioner’s
District number for inspecting bridges this afternoon from Districts 1 and 4 to
Districts 3 and 4. 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 Freshman 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.
Having reviewed the regular claims in advance of this meeting,
Commissioner Lade 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 Kreifels, Freshman, Lade and Crook;
Commissioner Nelsen approved payment of all claims except those claim(s)
submitted by the Public Defender’s Office to which he abstained due to a
conflict of interest. Nay – none. Motion carried.
A public hearing was held for the purpose of hearing support or
objections for the approval of a plat for J & A
Acres Subdivision located in the SW ¼ of the SE ¼ of S31-T8-R14 as requested by
Barbara and Gregory Stukenholtz. Schmitz said the Stukenholtzs’ son plans to build a house on the site which
is located on a minimum maintenance road. It has been past practice for the landowner
to pay the cost to have the road upgraded to local road standards, including
rock. After the initial work is done, it will become part of the County’s road
system and the County will then be responsible for its continued maintenance.
Steffensmeier said the County will provide new culverts and ensured neighboring
landowners that field entrances to their property would remain as they were
before. He also obtained letters from OPPD and the Rural Water District confirming
that utilities will be provided to the new home. Commissioner Crook made a
motion, seconded by Commissioner Freshman to approve the plat map for J & A Acres Subdivision as described above and to authorize
Chairman Nelsen to sign same. There being no further discussion, Chairman
Nelsen called for a vote. Voting aye were Commissioners Lade, Crook, Kreifels, Freshman, Nelsen. Nay – none. Motion carried.
Gregg Goebel,
Rena Pugh, a SENCA Director, gave a report of the agency’s activities and
upcoming events.
*For Christmas, they received and distributed cash and gift certificates
in the amount of $3900.
*She recently joined a Coordinating Committee to start up the CASA
program in
* They plan to initiate a back pack program for Head Start children in
April.
* SENCA will be hosting a Poverty Solutions Tour at Peru State College
on April 22, 2009.
* The 3rd Annual Golf Tournament will be held June 21, 2009,
with the proceeds being divided among the six counties in the Southeast
District.
* SENCA assists an average of 12 families per month helping them with
rent, utilities, food and other necessities.
Other business matters were addressed at this time.
Chairman Nelsen said each commissioner received a letter from Dale Haverty notifying them that a lease was signed on September
25, 2007, between the County and the
Commissioner Crook said she noticed that in the January 13th
minutes, there was a request made to plant a tree in the courtyard in memory of
a deceased elected official. Since the matter was tabled at that time,
Commissioner Crook asked if anyone could provide her with more information.
Commissioner Lade said he opposed the idea because he felt memorial trees
should be planted in a park. If a precedent was set to plant a tree for every deceased
employee, the courtyard would become cluttered and possibly cause damage to the
building or sprinkler system. The
The first document reviewed was the Lottery Operator Agreement whereby
the County would enter into a contract with Advanced Gaming Technologies to be
its keno operator. Upon review by Mr. Hassett, he
said he agreed to all the terms with one exception. He asked that Paragraph 14 be
removed requiring him to insure his employees in the amount of $100,000 for crime
coverage. Attorney Partsch said since the County is
secured by a contractor’s performance bond and guaranteed letter of credit in
the amount of at least $50,000, it would not be necessary for him to pay for
double coverage. Therefore, he recommended deleting that section in the
agreement. Commissioner Lade made a motion, seconded by Commissioner Freshman
to accept the terms and conditions of the Lottery Operator Agreement between
the County and Advanced Gaming Technologies as presented with the exclusion of
Paragraph 14 requiring crime coverage and to authorize the Chairman to sign
same. 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.
The first resolution presented involved naming “The Clubhouse at Table
Creek” as the sales outlet for conducting keno. Commissioner Kreifels made a
motion, seconded by Commissioner Crook to approve Resolution 2009-4 accepting
“The Clubhouse at Table Creek” as a keno sales location; declaring that the
records shall be stored electronically via website as provided by the operator;
naming John and Kyle Hassett as the approved signers
of the 50G Licensing Form and authorizing the Chairman to sign said resolution.
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.
The second resolution establishes qualification standards that would
have to be met by any individual or entity seeking to have keno played in their
establishment. The criteria includes: not having a felony or misdemeanor
conviction involving gambling activity; not having a gaming license revoked;
obtaining a retail liquor license for consumption on the premises; and having
ability to conform to the rules and regulations of the Nebraska County and City
Lottery Act. Commissioner Lade made a motion, seconded by Commissioner Freshman
to approve Resolution 2009-5 establishing qualification standards for anyone
seeking to play keno in their establishment and authorizing the Chairman to
sign said resolution. 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.
County Attorney Partsch said the Board needed
to authorize the Chairman to sign Form 50G which is the Nebraska Application Form
for County/City Lottery that must be submitted to the Nebraska Dept of Revenue,
Charitable Gaming Division. Commissioner Freshman made a motion, seconded by
Commissioner Kreifels to authorize Chairman Nelsen to sign Form 50G, making
application to the Nebraska Dept of Revenue to conduct keno-type lottery in
Otoe County. 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.
Finally, Commissioner Freshman made a motion, seconded by Commissioner
Kreifels to authorize Chairman Nelsen to sign Schedule I (Lottery Operator
Application) and Schedule II (Sales Outlet Location Application) all of which
must be submitted to the Nebraska Dept of Revenue as part of the process to be
approved to conduct keno in
At 9:35 a.m. Chairman Nelsen called for brief recess. At 9:45 a.m. it
was duly noted that all members were present, the Open Meetings Act was in
place and the meeting was resumed.
Representing the Otoe County Safety Committee, Commissioner Lade said
the group met on February 19th. He reported that a road employee was
injured on the job when he was trimming brush and trees along the
Chairman Nelsen noted correspondence received: 1) Joe Miller, representing
Miller-Monroe-Farrell Insurance sent a notice that the Courthouse is valued at $2,630,000.
2) The County was notified by the State Auditor that, by statute, the
State Auditor has the authority to conduct the financial audit of any county at
any time.
3) Each Commissioner received copies of the work order request forms
from the County Road Department as they requested.
At 10:00 a.m. Chairman Nelsen opened a public hearing to review the proposed
1 & 6 Year Road Plan for 2009-2014. The notice of the hearing was
advertised twice in the Nebraska City News Press – once on February 13th
and again on February 20th. Notice was posted in five public places
as well. Highway Supt Steffensmeier said the proposal includes 3 forms: Form 8
lists ninety-one proposed 1 year projects for rebuilding roads and repairing
bridges, including the FEMA projects. Form 9 is a summary of 6 year projects
that are scheduled to be completed by 2014. Form 11 lists the projects that
were completed or have been started in calendar year 2008. By statute, a 1
& 6 Year Road Plan must be submitted to the NDOR by March 1st of
any given year. Steffensmeier provided each Board Member with a color coded map
indicating federal aid bridges; FEMA funded bridges; and roads by
classification. James Cook suggested that closed bridges have priority over
other projects especially those that affect school routes, safety vehicle
routes, etc. Chairman Nelsen noted the Board will accept public comments until
11:00 a.m.
Chairman Nelsen proceeded to follow the list of other items on the agenda:
a) Resolutions for relaxation of Bridge Design Loading – Steffensmeier
explained that the NDOR adopted new Bridge Design Loading in September of 2008.
However, projects that were designed prior to that date may be granted a
relaxation of standards if the cost to re-design would substantially increase
the cost of the project and cause unnecessary financial hardship for the County.
Therefore, he presented resolutions requesting a relaxation of minimum design standards
for two projects. Commissioner Lade made a motion, seconded by Commissioner
Crook to authorize Chairman Nelsen to sign Resolution 2009-7 requesting a
relaxation of standards involving the replacement of Bridge #C006600425 located
four miles northeast of
Program Resolutions for Bridges #13715 and #23520 were approved in
January, but were returned by the NDOR for signatures.
b) Steffensmeier asked the
c) Chairman Nelsen acknowledged receipt of the “red flag” report and thanked
the foremen for their time in getting it compiled. The report identified 56
projects in the eastern half of the county indicating an estimated cost of
$236,270 to repair them. There were 256
projects listed in the western half of the County for a total of $867,012. Chairman
Nelsen said this information will be useful when working on the budget.
d) Steffensmeier handed out a list of the 7 bridges that have been
reviewed for FEMA funding. Two were approved for replacement several weeks ago,
but he still is waiting to hear whether FEMA will approve replacement of four
more bridges. He said the County will need to budget over $3,000,000 for bridge
replacement in the event they are approved. The County’s share will be over $400,000,
but will have to pay the entire cost upfront; then get reimbursed. All of these
bridges are listed in the 1 Year Road Plan anticipating that they will be
approved. He said he has applied for FEMA reimbursement for some small
projects, but has not received any money yet. Chairman Nelsen told
Steffensmeier to concentrate on the FEMA projects first so that we can get
reimbursed; then work on the red flagged projects. Commissioner Crook asked
Steffensmeier to provide her with a list of all other FEMA projects not included
on the bridge list.
e) Construction Crews – Commissioner Lade proposed restructuring the
personnel makeup of the road department. This would include the Highway Supt, a
Construction Supervisor; 2 Construction Crews (consisting of 1 foreman and 3
other employees each); 2 Truck Drivers; 10 Motor Grader Operators; 1 Office
Clerk and possibly 1 Mechanic. One motor grader would be assigned to each
construction crew. If a regular motor grader operator is sick or on vacation, a
person from the construction crew would be assigned to take his place so that they
won’t get behind on the road grading schedule. If there is a big project, the
County may have to use some contracted labor and/or machine hire. Someone questioned
the need for 2 construction crews. Rich Kuenning said
he would probably use a backhoe and dozer for most of his work, not a motor
grader. George Forst with Local 251 Union questioned, ”If the County’s budget includes money for all the men
that were laid off, why not bring them all back?” Chairman Nelsen said they
will try to utilize the current employees on the construction crews - 4 in
g) Chain of Supervision – Begins with Commissioners at the top, the
Highway Superintendent, a lead foreman, 2 other foremen; crew employees. Chairman
Nelsen said all road and bridge projects are requiring increased paperwork, so
he suggested moving the Hwy Supt to an office in the courthouse where he will
handle long term planning. The lead foreman (Denniston)
will be responsible for running day-to-day operations at the shops. Steffensmeier
said there is at least 1 man gone almost every day; many of the employees have
4 to 5 weeks of vacation. Commissioner Kreifels said employees need to adhere
to the established guidelines for taking vacation time (7 days notice and at
times that would least interfere with efficient operation of the department).
With so many projects to do, schedules need to be made and followed. Steffensmeier
said requests to use comp time only requires short notice. Commissioner Lade said
that needs to be addressed during contract negotiations. Commissioner Nelsen
announced that they plan to move Steffensmeier and his secretary into the
Veterans Service Office after it is vacated.
h) Property issues and reporting procedures – Issues involving real or
personal property owned by the County shall be reported to the immediate
supervisor who shall report to the Highway Supt who shall report to Commissioner
Freshman.
i) Employee issues and reporting procedures – Issues involving employment
shall be reported to the Chairman of the Board who will consult the
j) Road issues and reporting procedures – Employees shall report to the
appropriate supervisor who shall report to the Highway Supt who shall report to
the Commissioner of the District where an issue has been found.
k) Meeting reports to Commissioners – Before each Commissioners Meeting,
copies of work orders and time cards containing a detailed description of work
performed by each employee shall be taken to the
l) Financial management – Board agreed to set the spending limit for the
Highway Supt at $5,000 and $250 for a Foreman. Chairman Nelsen wanted to set a
limit of $10,000 for a Commissioner; however, Commissioner Lade felt $5,000 was
sufficient. If a purchase costs more
than $5,000 he felt it should be brought before entire board. Chairman Nelsen
gave an example. If a machine broke down and it would cost $7,000 to repair, it
would sit for 2 weeks before any discussion or action was taken, thus delaying
productivity. Dale Wurtele said if there was enough
money in the budget for repairs, why not fix it as
soon as possible? Commissioner Lade said the County should get more than one cost
estimate for repairs. If the repair involves an insurance claim; then it needs
to be turned in to an insurance adjustor who will estimate the cost for repairs.
Steffensmeier said he should be called when there is a breakdown. He feels it
is his job to get estimates from vendors then pass that information to the Commissioners.
The law states that when making purchases over $5000, three quotes are needed.
m) Road rebuilding projects – no discussion
n) Job Descriptions – Commissioner Lade is working on writing job
descriptions for the employees of the Road Department.
o) Mechanic – Commissioner Freshman said he likes the idea of having our
own mechanic. He thinks this will save money in the long run. In addition to
repairing equipment, he could keep inventory of parts, filters, and other
maintenance items. George Forst said if the County is
going to create a “Mechanic position”, it should be included in the bargaining
process.
There being no further comments from the Commissioners or the public,
the public hearing to hear comments regarding the County’s proposed 1 & 6
Year Road Plan for 2008-2014 was closed at 11:13 a.m. Commissioner Lade made a
motion, seconded by Commissioner Kreifels to sign Resolution 2009-9 approving
the proposed 1 and 6 Year Road Plan for 2008-2014 as presented by Highway Supt
Steffensmeier. Chairman Nelsen called for a vote. Voting aye were Commissioners
Crook, Kreifels, Freshman, Nelsen and Lade. Nay –
none. Motion carried.
p) Work hours – The Board is considering establishing summer and winter
work hours. Many other counties already do this and feel it is more economical
and productive to work four 10 hour days during construction season – May
through October. Commissioner Lade offered a 6 day and a 5 day work week schedule.
For example, in a 6 day work week schedule some employees would work four 10
hour days Monday thru Thursday and others would work four 10 hour days
Wednesday through Saturday. In a 5 day
work week schedule some employees would work four 10 hour days Monday through
Thursday and others would work four 10 hour days Tuesday through Friday.
Commissioner Kreifels felt the crew would be more productive in a 10 hour day. She
agreed with the 5 day work week, but did not like the 6 day work week, saying
that weekends should be left for family time. Commissioner Freshman said
another option could be to alternate employees’ schedules – they work Monday
thru Thursday one week; then Tuesday thru Friday another work. Chairman Nelsen
said they will look at all options. Steffensmeier questioned whether the
foremen will work five 10 hour days. As another option, he said the County
could pay 10 hours overtime to each employee during the summer. George Forst said the
q) Commissioners Lade and Nelsen volunteered to serve on the Bargaining
Committee to negotiate a new contract with Nebraska Public Employees 251 Union.
Commissioner Freshman made a motion, seconded by Commissioner Crook to appoint Commissioner
Lade and Commissioner Nelsen to serve on the Bargaining Committee when
negotiating a new contract with Nebraska Public Employees 251 Union. 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 current contract expires June 30, 2009.
r) Motor Grader Workshop: Commissioner Crook said Commissioners from
other counties highly recommend scheduling a Motor Grader Workshop sponsored by
the LTAP. An instructor comes to the county shop and offers the operators an
opportunity to learn new techniques. Commissioner Crook made a motion, seconded
by Commissioner Lade to direct Supt Steffensmeier to send a letter to the LTAP requesting
that they send an instructor to conduct a motor grader workshop in
No one came forward to discuss a personnel issue as scheduled on the
agenda.
Chairman Nelsen announced that he was calling a Special Meeting for the
Board of Commissioners at 8:30 a.m. on Thursday March 5, 2009. Their primary focus
will be to prioritize soft match projects and to make physical examinations of
the bridges in Districts 4 and 5.
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 this meeting at 11:35
a.m. Voting aye were Commissioners Freshman, Nelsen, Lade, Crook and Kreifels.
Nay – none. Motion carried. The next regular meeting will be held on March 10,
2009.
Chairman Nelsen asked that Board members meet back at the courthouse at
12:15 p.m. to carpool. They will examine various bridge sites located in
Commissioner District 3 and Commissioner District 4. There will be no action
taken while touring the sites.
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 24th
day of February 2009.
Janene Bennett
Otoe