NOTICE OF MEETING
NOTICE
IS HEREBY GIVEN that the Regular meeting of the Otoe County Commissioners of
AGENDA OF THE NEXT MEETING
FEBRUARY 27, 2007
8:30 a.m. -- Open Meeting; call roll;
accept agenda; accept minutes from
previous
meetings; audit and sign payroll claims and regular claims
8:35 a.m. – Rick Sedersten: Discussion
and/or action RE: Security Equipment Proposals
8:45 a.m. –Public Hearings: 1)
Preliminary and Final Plat for Hamilton Place Subdivision located in the
NW
¼ of the SW ¼ 4-9-9
2) J & J Kreifels Subd located in SW ¼ SE ¼ 17-7-14 (Jason & Jaclyn
Kreifels)
3) A & N Rohlfs
Subd located in N ½ NE ¼ 23-8-10 (Arlin
& Nina Jean Rohlfs)
4) Discussion and/or action RE: Halvorsen Conservation Easement
9:00
a.m. -- Public Hearing: 1 & 6 Year Road Plan
Immediately following public hearing: Discussion and/or action regarding
other road and bridge matters
a.)
Discussion and/or action RE: Acceptance of Title Sheet for Bridge
Project BRO-7066(38)
b.)
Discussion and/or action RE: Annual Sludge Reports
c.) Discussion and/or action RE:
RFPs received for engineering services
d.) Miscellaneous discussion
10:00 a.m. – Public Hearing: Regarding
an Economic Development Loan Fund application for Table Creek
Golf Course as requested by Welsh
Management Group
Immediately following public hearing:
Discussion and/or action to adopt resolution approving said application
10:15 a.m. – Ron Nolte, Cass County
Commissioner: Introduction of self to new Otoe Co Commissioners
10:30 a.m. – Steve Zimmers, Extension
Educator: Monthly report
10:45 a.m. – RONCO: Discussion and/or
action RE: Basement renovation, issue with waterlines
11:00 a.m. – Duane Teten,
Howard Bebout, Bernard Kreifels: Discussion and/or
action RE: Release of water from NRD dam
11:30 a.m. – Mike Holland, Chief Deputy
Sheriff: Discussion and/or action RE: SEADE Agreement
Other business matters to address when time allows:
Marv Pesek – Discussion and/or action
RE: GA applications and cases
Discussion and/or action RE:
Janitorial services at DHHS
Discussion and/or action RE: Grounds
keeping services at DHHS
Andrea Walters, Assessor: Tax list
corrections
Discussion and/or action RE: Terracon Master Service Agreement
Miscellaneous Correspondence
and other matters that may come before the Board
. Janene
Bennett
The
Individuals requiring physical or sensory
accommodations, including interpreter service, Braille, large print or recorded
materials, please contact Janene Bennett,
FEBRUARY 27, 2007
The Otoe County Board of Commissioners convened in regular session at
8:30 a.m. on February 27, 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, Commissioner Thummel
and Commissioner Haverty.
Commissioner Haverty made a motion, seconded
by Commissioner Thummel to accept the agenda as
posted. Voting -- Commissioners Schroder, aye; Thummel, aye; Haverty, aye.
Motion carried.
Commissioner Haverty made a motion, seconded
by Commissioner Thummel to accept the minutes from
the previous meeting as mailed to them and not have them read. Voting –
Commissioners Thummel, aye; Haverty,
aye; Schroder, aye. Motion carried.
Commissioner Haverty made a motion, seconded
by Commissioner Thummel to audit and sign payroll
claims and regular claims as presented, unless otherwise noted. Voting –
Commissioners Haverty, aye; Schroder,
aye; Thummel, aye. Motion carried.
Chairman Schroder informed the pubic in
attendance that a current copy of the Open Meetings Act is posted on the south
wall of the Courtroom. Additional copies
are available upon request. He asked that all attendees turn off their cell
phones while present in the meeting room.
Rick Sedersten, Courthouse Janitor, came
before the Board to explain the need to make three additions to the security
equipment proposals that were approved at a previous meeting. 1) For security
reasons, it was decided that a card reader should be placed on the interior
door of the west entrance to prevent probationers from walking out the door
when unattended. 2) Sedersten said he had planned to
do some of the wiring for the system to save money, but the security company is
ready to install and he hasn’t had the time to do it; the company will need to run
wiring that was not in the original proposal. 3) Rather than providing each
employee with a picture identification card and a key pass card, the company
recommended using card overlays that will combine the two cards into one. This reduces
the number of cards being used, but increases the price per card. The total
amount of these change orders is $1,459. Commissioner Haverty
made a motion, seconded by Commissioner Thummel to
authorize purchase of the additional items described above to complete the
security system for a total amount of $1,459. Voting -- Commissioners Schroder, aye; Thummel, aye; Haverty, aye. Motion carried.
As the Interim Zoning Administrator, Dave Schmitz said the Preliminary
and Final Plat hearing for Hamilton Place Subdivision was tabled for a third
time by the Otoe County Planning Commission. As far as he knew, the developer
is still working on a sewer plan that will meet building regulations. Commissioner
Haverty made a motion, seconded by Commissioner Thummel to table the hearing for Hamilton Place Subdivision
until further information is received. Voting – Commissioners Thummel, aye; Haverty, aye; Schroder, aye. Motion carried.
Regarding J & J Kreifels Subdivision
located in the SW ¼ of the SE ¼ S17-T7-R14: Jason and Jaclyn Kreifels already own the farm, but want to subdivide a 4.88
acre plot to build a new home on. Schmitz said there is water and sewer
available and they place to build the driveway at the top of the hill for good
site distance. Commissioner Haverty made a motion,
seconded by Commissioner Thummel to authorize Chairman
Schroder to sign the plat for J & J Kreifels Subdivision located in the SW ¼ of the SE ¼
17-7-14 as requested by owners Jason and Jaclyn Kreifels.
Voting – Commissioners Haverty, aye; Schroder, aye; Thummel, aye.
Motion carried.
Regarding A & N Rohlfs Subdivision located
in the N ½ of the NE ¼ S23-T8-R10: Schmitz said the plat was approved by the Planning
Commission, but he does not have the plat available for Chairman Schroder to sign. He also noted that the taxes have not
been paid yet and suggested that the Board table the matter for now. Commissioner
Haverty made a motion, seconded by Commissioner Thummel to table any action regarding the plat map for A
& N Rohlfs Subdivision until the taxes are paid
up to date. Voting -- Commissioners Schroder, aye; Thummel, aye; Haverty, aye.
Motion carried.
Schmitz reported that he presented the Halvorsen
Conservation Easement to the Planning Commission for review at their last
meeting. As required by law, this type of easement must be reviewed by the
Planning Commission to ensure the acquisition of property for conservation or
preservation conforms to the County’s zoning regulations. In this particular
instance, Ken Halvorsen, who is the owner of an 8.2
acre tract of land located in the SE ½ of S21-T9-R11, has entered into an
agreement with the Wachiska Audobon
Society agreeing to preserve this land as an undisturbed native tall grass prairie
meadow. As the grantee, the Audobon Society is
assured of ingress/egress access by means of a legally filed easement. Since
the protected property is located outside of any corporate limits, the
Finally, Schmitz said the County needs to make some amendments to its zoning
regulations. However, certain procedures must be followed beginning with a
workshop between the
At 9:00 a.m. a Public Hearing was held for the purpose of hearing
support, objections comments, and/or suggestions to the proposed 2007 thru 2012
One & Six Year Road Plan for
Other bridge matters were discussed with Foremen Pohlman,
Kuenning and Denniston
present.
Steffensmeier presented a Title Sheet for bridge project
BRO-7066(38) located 2 miles north of
By March 1st of any given year, municipalities who wish to
apply sludge in
Steffensmeier reported that he received proposals from
two engineering firms qualified to perform engineering services for road and
bridge projects. As required by law, a
county must have a signed contract with an engineering firm in place before
seeking federal funds. Mainelli & Wagner and Schemmer & Associates submitted proposals that listed
their qualifications and gave examples of some projects that they have
engineered. Steffensmeier said both engineering firms
were qualified, but he recommended Mainelli &
Wagner be awarded the contract since they have had a good working relationship
with the County on many past projects. Commissioner Haverty
made a motion, seconded by Commissioner Thummel to
follow the recommendation of Superintendent Steffensmeier
and enter into a four year contract with Mainelli
& Wagner as the consulting firm retained for road and bridge projects in
Steffensmeier took a survey of the road employees who
would be interested in taking First Aid and CPR classes. He said 22 employees have
indicated an interest. He will work with Gregg Goebel to set up a schedule for
the classes to be held during regular working hours.
Since the meeting was running ahead of schedule, Chairman Schroder altered the agenda to move the appointment with Ron
Nolte from 10:15 a.m. to 9:30 a.m. Mr. Nolte introduced himself as the Chairman
of the Board in Cass County. He said in recent months, the Cass County Board
has been working with the Otoe County Board on a couple of different projects.
One of them involves the State Dept of Road’s offer to relinquish a portion of
Hwy 67 that runs through both counties. Nolte advocates requesting the NDOR to
asphalt the road before the counties accept its relinquishment. He said it is
the only thru road between Highways 50 and 75 that connects Highways 2 and 34.
Commissioner Haverty agreed - Hwy 67 is already paved
south of Dunbar, it would only be logical to continue the pavement north of
County Assessor Andrea Walters said she had no tax list corrections to
present at this time.
At 9:53 a.m. Commissioner Haverty made a
motion, seconded by Commissioner Thummel to go into executive
session to discuss a general assistance application with the General Assistance
Administrator, Marvin Pesek. Voting -- Commissioners Schroder,
aye; Thummel, aye; Haverty,
aye. Motion carried.
At 9:59 a.m. Commissioner Thummel made a
motion, seconded by Commissioner Haverty to go back
into regular session. Voting – Commissioners Thummel,
aye; Haverty, aye; Schroder,
aye. Motion carried. There was no action while in executive session.
At 10:00 a.m. a public hearing was held for the purpose of hearing
support or objections to approving a Regional Economic Development Loan
application being made by Welsh Management Group for Table Creek Golf Course.
Dave Taladay, from SENDD (Southeast Nebraska Economic
Development District) was available to answer questions regarding the business
application. Giving a brief history of the funding program, he said the Nebraska
City / Otoe County Revolving Loan Fund was established in 1985 to promote
economic growth by offering financial assistance to people desiring to start a
new business. The fund was initially set up through a CDBG grant. New
businesses may borrow the money after they compile a business plan that
includes how the money will be spent and how the applicant intends to repay the
loan. In this case, the Application Review Board has already examined the loan
application submitted by Welsh Management Group (in the amount of $100,000) and
has determined that all criteria have been met. Therefore, the Review Board
recommends that the loan be approved. Taladay said the total project cost is $775,000. The EDL is
used to supplement a project, so the owners must document that they have a
primary lender as well. Commissioner Haverty made a
motion, seconded by Commissioner Thummel to accept the
recommendation made by the Application Review Board and adopt Resolution
2007-04 approving the loan application for Welsh Management Group – Table Creek
Golf Course. Voting – Commissioners Haverty, aye; Schroder, aye; Thummel, aye.
Motion carried.
Steve Zimmers, Extension Educator, gave his
monthly report. He distributed fliers to Board members advertising a waste pesticide
collection drive that will be held on March 20th between the hours
of 8:00 a.m. to Noon at the Dettmer Farm Service
building in
Tom Nolan from RONCO, who is the project manager overseeing the
courthouse renovation, presented a list of proposed change orders. Item 1) $8,987 - Replace existing
galvanized water supply lines with new copper lines. He guessed the old pipes were
at least 70-80 years old; the connections are rusted and leaking. If this
change order is approved, nearly 100% of the water lines will be new in the
courthouse. Since they need to install them in the same space where the old
pipes run, they will have do it after business hours (nights and weekends),
which drives the cost up. Item 2)
$2,743 - Replace the existing floor drain in the custodian’s room and install a
new 36 x 24 mop sink. The water outlet is so corroded that water is at a
trickle. Item 3) $1,791 - Replace
the corner sink and fittings in the custodian’s room with a new PVC laundry
sink. Item 4) $769
– Perform additional electrical work in the EMA/Probation area, including
lighting in the corridor from the jail facility. Item 5) $1,957 - Furnish and install a new electric 52 gallon water
heater to replace the existing one that is very old; includes electrical work
and new breaker. He said this would be a good time to do it while the water
lines are being installed. Item 6)
$247 – Furnish and install additional electrical raceway and a junction box for
Security Equipment Company. The total
cost of all items is $16,494. There was some discussion regarding the price of
the water heater. Mr. Nolan was asked to check into an energy efficient water
heater that has instant hot water, possibly installing small heaters under each
sink. Commissioner Haverty made a motion, seconded by
Commissioner Thummel to approve Items 1, 2, 3, 4, and
6 for a total cost of $14,537. Voting – Commissioners Haverty,
aye; Schroder, aye; Thummel,
aye. Motion carried.
Regarding the dispute between Duane Teten and Bernard Kreifels/Howard
Bebout:
Mr. Teten commented that the law says nothing
about fish; the County has an obligation to turn the water on and leave it on.
Back in December, the pond was down by 3-4 feet. He said when the NRD measured the
elevation, it was his understanding that it could go down at least 8 feet. He
said he would give the County 15 working days to get this straightened out
before taking legal action.
Kreifels responded: The County should have nothing to
do with it because he (Kreifels) has an easement. This
problem should be between the NRD, Teten and himself.
The NRD didn’t have any authority to give water rights to the County.
Funke recommended that everyone involved rely on the investigation and
recommendation that the NRC and Games & Parks have agreed to make.
Teten reiterated: the County has an obligation to release the water for downstream
livestock.
Kreifels asked Teten to
specify how many head of livestock he had. Others have livestock in between,
but he is the only one complaining.
Teten said he pastures 10-15 horses; he only requests water when he needs it.
He doesn’t think he is being unreasonable; he is covered by the law. He wants official
action from the County to ensure that his children won’t have to continue
fighting for their rights.
Howard Bebout (co-owner of the property where
the pond is located) said he doesn’t want to debate the matter here. He is
willing to wait and work with the County to get the information that Funke suggests. Kreifels stated
that a 4 inch stream of water in a 24 hour period will release 28,000 to 42,000
gallon of water.
Commissioners Haverty and Thummel
asked Mr. Teten to extend his time limit. The County
probably can’t get the information in 15 days. But the situation does need to
be resolved before this summer. Teten conceded to
April 15th as a deadline for Funke to get
answers. Supt Steffensmeier said the people from the
NRD would like the wrench (used for turning the valve on and off) returned to
the dam site. It belongs to the NRD who
is responsible for maintaining the dam.
Mike Holland, Chief Deputy Sheriff, came before the Board to review the
terms of the SEADE (Southeast Area Drug Enforcement) agreement.
At 11:37 a.m. Commissioner Haverty made a
motion, seconded by Commissioner Thummel to go into
executive session to discuss personnel issues with the
At 11:48 a.m. Commissioner Thummel made a
motion, seconded by Commissioner Haverty to go back
into regular session. Voting – Commissioners Haverty,
aye; Schroder, aye; Thummel,
aye. Motion carried. No action was taken while in executive session.
Commissioner Haverty made a motion, seconded
by Commissioner Thummel to hire Lesa
Kechley to perform janitorial services for the
Department of Health and Human Services. Voting -- Commissioners Schroder, aye; Thummel, aye; Haverty, aye. Motion carried.
Commissioner Thummel made a motion, seconded
by Commissioner Haverty to contract with Lind Lawn
Care to provide lawn care services for the courthouse lawn as well as the yard
at the Department of Health and Human Services. Voting – Commissioners Thummel, aye; Haverty, aye; Schroder, aye. Motion carried. Lind Lawn Care provided
these services last year.
Upon the recommendation of the
At this time, Jim Myers, Otoe County Weed Superintendent, presented a
plaque and coffee mug to Chairman Schroder in
recognition for his 10 years of service. The award was presented on behalf of
the Department of Agriculture and the Nebraska Weed Control Association.
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 declare this meeting adjourned, until the next
one, which will be on March 13, 2007.
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 27th day of February 2007.
Janene Bennett
Otoe