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 o’clock a.m. on February 28, 2006, in the County Courtroom (108) of the Otoe County Courthouse.  The meeting will be open to the public.  An agenda for each 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 28, 2006

 

         8:30 a.m. -- Open Meeting, call roll, accept agenda, accept minutes from  

                                previous meetings, audit and sign payroll claims and regular claims

          

         8:45 a.m. –Public Hearings: E & R Steinhoff Subd requested by Edwin & Ronda Steinhoff

                                                      R & M Powers Subd requested by Richard & Mary Powers

                                                        Discussion and/or action RE: Appointments to Planning Commission

                                                                                                                                                                     

         9:00 a.m. – Discussion and/or action regarding road and bridge matters

                                    1)   Alfred Damme: Discussion and/or action RE: Closing portion of “O” Rd between

                                                 sections 12 & 13 – T7-R11

                                    2)   Discussion and/or action RE: OPPD’s proposed route to construct a transmission line from the Nebraska City Plant to a Lincoln SE Substation 

                                    3)   Discussion and/or action RE: Approval of Land Application of Sludge from municipal waste facilities

                                    4)   Discussion and/or action RE: Alltel Application to Occupy County R-O-W

                                   5)   Miscellaneous

                                   

        10:00 a.m. – Discussion and/or action RE: County weed spraying policy

 

        10:15 a.m. – Discussion and/or action RE: Proposed renovation project at Duff Nursing Home

 

        10:30 a.m. – Amy Harker, SENCA: Quarterly report

 

        10:45 a.m. – Discussion and/or action RE: Appointment to Otoe County Visitors Committee

 

        11:00 a.m. -- Steve Zimmers, Extension Education: Monthly report

 

        11:15 a.m. – Jerry Berggren, Architect: Discussion and/or action RE: Courthouse renovation project

 

       

                                                                                                     

                 Other business matters to address when time allows:   

 

                          Jackie Smith, Treasurer: Pledged Security(s)

                          Brandi Ellis, Assessor: Tax List Corrections

                          Discussion and/or action RE: Drug Prescription Card for County Residents

                          Marv Pesek - Executive session to review General Assistance cases and/or applications              

                          Miscellaneous Correspondence and other matters that may come before the Board

 

.                                                                                                      Janene Bennett

                                                                                                        County Clerk        

 

 

 

February 28, 2006

 

The Otoe County Board of Commissioners convened in regular session at 8:30 a.m. on February 28, 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 Giittinger made a motion, seconded by Commissioner Stratker to accept the agenda as posted. Voting -- Commissioners Schroder, aye; Stratker, aye; Giittinger, aye. Motion carried.

 

Commissioner Giittinger made a motion, seconded by Commissioner Stratker 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 Giittinger made a motion, seconded by Commissioner Stratker to audit and sign payroll claims and regular claims with exception of a claim to Lechner Salvage & Towing in the amount of $50. Voting – Commissioners Giittinger, aye; Schroder, aye; Commissioner Stratker, aye; Motion carried. Bill will be paid by the NDHHS.

 

David Schmitz, Surveyor, informed the Board that the taxes have not yet been paid on the E & R Steinhoff Subdivision. Therefore, Commissioner Giittinger made a motion, seconded by Commissioner Stratker to table any action on the E & R Steinhoff Subdivision as requested by owners Edwin and Ronda Steinhoff. Voting – Commissioners Schroder, aye; Stratker, aye; Giittinger, aye. Motion carried. The plat will be returned for approval at a later date.

 

David Schmitz then presented the R & M Powers Subdivision plat for approval. Owner, Richard Powers, was also present at the hearing. According to Mr. Powers, he would like to build a new home on the 3.7 acre parcel that has existing out buildings. Commissioner Stratker made a motion, seconded by Commissioner Giittinger to authorize Chairman Schroder to sign the plat map for R & M Powers Subdivision located in part of the SE ¼ of the SW ¼ S14-T9-R9 as requested by owners Richard and Mary Powers. Voting – Commissioner Stratker, aye; Giittinger, aye; Schroder, aye. Motion carried. 

 

Mr. Schmitz said terms will expire March 1st for three members of the Otoe County Planning Commission. They are Richard Warner, Daniel Hodges, and Bill Behling. Schmitz said all three indicated they would serve another term. Commissioner Giittinger made a motion, seconded by Commissioner Stratker to reappoint Richard Warner, Daniel Hodges and Bill Behling to serve another three year term as members of the Otoe County Planning Commission. Voting – Commissioners Giittinger, aye; Schroder, aye; Stratker, aye. Motion carried.

 

There was some discussion regarding a request made by Alfred Damme to abandon a portion of “O” Road between Sections 12 and 13, Township 7, Range 11. Mr. Damme said he wants to have a dam constructed to create wetlands, but was told by the Conservation Service that a wetlands contract cannot be written on county property. His property is located on the north side of a road that was closed to traffic when a bridge went out several years ago. Cecil Murdock, whose son is in the process of purchasing property from Leroy Bottcher located on the south side of the closed road, expressed concern for access rights. Commissioner Schroder will meet with the landowners to make a physical inspection of the area. He will also contact the Conservation Office for more details. Commissioner Giittinger made a motion, seconded by Commissioner Stratker to table the request until further investigation is made. Voting – Commissioners Schroder, aye; Stratker, aye; Giittinger, aye. Motion carried.

 

The County received notice from OPPD of its intent to construct a transmission line from the Nebraska City Power Plant to a substation southwest of Lincoln. The proposed route will pass through county owned property where the Nebraska City Road Shop is located. OPPD has sent letters to all affected landowners from whom OPPD would need to acquire easements. Commissioner Stratker said he is against the proposed route and felt the County should take a unified stand to express its opposition. The route runs along Highway 2, crossing over from the south side to the north side five times. Most of this area was zoned as Transitional Agriculture in an effort to encourage commercial and residential development along the highway.  Construction of power lines would restrict potential development. Several other land owners who were present at the meeting indicated opposition as well. Nearly two years ago OPPD announced it would be constructing a new 663 megawatt power plant adjacent to the current Nebraska City Plant. At that time, they began designing a transmission line route between Nebraska City and Lincoln. Three routes were drawn and offered for public review. Two of the three ran south of the highway and would have been a more direct path from the Nebraska City plant to the Lincoln substation without crossing Highway 2 at all. Commissioner Stratker made a motion, seconded by Commissioner Giittinger to direct the County Attorney to compose and send a letter to OPPD expressing opposition to the proposed transmission line route due to the detrimental impact it would have on future development along Highway 2. Voting – Commissioners Stratker, aye; Giittinger, aye; Schroder, aye. Motion carried. A public hearing will be held in Syracuse on March 9th and in Nebraska City on March 16th when OPPD engineers and staff members will be present to explain the nature of the project, the reasons for selecting this route, the easement acquisition process and the construction schedule.

 

By March 1st of any given year, municipalities who wish to apply sludge in Otoe County must submit a sludge report to the County Board at the same time they apply for a renewal of their Land Application Permit. For the past several years, the Omaha Public Works Department has signed agreements with Otoe County farmers who allow the municipality to apply sludge on designated farm ground. Gordon Andersen, representing the City of Omaha, said Omaha applies sludge in seven counties. He provided a list of farmers’ names and the location of where the sludge is applied. They rotate applications in accordance with farmers’ rotation of crops.  Commissioner Giittinger made a motion, seconded by Commissioner Stratker to approve the application made by the City of Omaha for Land Application of Sludge in Otoe County. Voting – Commissioners Giittinger, aye; Schroder, aye; Stratker, aye. Motion carried.

 

Another application for the Land Application of Sludge was received from the Nebraska City Utilities. Their sludge is applied on farm sites owned/leased by Tom Liesemeyer and Oscar Heng. Commissioner Giittinger made a motion, seconded by Commissioner Stratker to approve the renewal for a Land Application of Sludge Permit as requested the Nebraska City Utilities. Voting – Commissioner Giittinger, aye; Schroder, aye; Stratker, aye. Motion carried.

 

Several applications were received from Alltel to occupy County Right of Way as they repair or install buried communication cable systems. Commissioner Giittinger made a motion, seconded by Commissioner Stratker to approve said applications allowing occupancy of county road right-of-way in the following areas: 30 feet west of 34-10-13 (west of N 56th Rd on Van Dorn Street); 835 feet east of the NW corner of 14-8-13 near Intersection I-56; 730 feet north of the SE corner of 27-7-9 near Intersection R-8; 650 feet east of the NW corner of 17-9-9 near Intersection C-3. Voting – Commissioners Stratker, aye; Giittinger, aye; Schroder, aye. Motion carried. Commissioner Schroder mentioned the possibility of appointing someone to inspect and oversee the installation of utility lines in county road right of way but no action was taken.

 

Chairman Schroder noted the National Association of County Officials initiated a Prescription Discount Card program over a year ago. All counties in Nebraska were invited to participate. In Buffalo County, the Supervisors have made cards available to their county residents that can be presented to participating pharmacies. People can save an average of 20% on prescription drugs that are not covered by an insurance plan. Commissioner Giittinger made a motion, seconded by Commissioner Stratker to seek further information on how to implement the program in Otoe County and determine whether there is an interest to participate. Voting – Commissioners Giittinger, aye; Schroder, aye; Stratker, aye. Motion carried.

 

Jim Myers, Contracted Weed Superintendent for Otoe County, came before the Board to discuss the adoption of a county policy that would implement and enforce the state statutes for mowing weeds along county roadsides. According to Nebraska State Statute 39-1811, landowners are responsible for mowing weeds twice a year in the road ditches adjacent to their property. He proposed the following procedures: After July 15th he would inspect the roadsides for violations of the law whereby landowners neglected to mow or control the weeds. He would compile a report of such violations and present it to the County Board who then would send a written notice (by certified mail) to the landowner giving him 5 days to comply.  If the matter is not resolved, the County would hire a contractor to mow the weeds and assess the cost to the landowner; if he doesn’t pay, he would be assessed that amount on his tax statement. This process would be repeated again after August 31st.  County Attorney, Jeff Funke, reviewed the proposed policy, but made a few minor suggestions - delete the word “control” and use the word “mow” only in line 1; increase the deadline for compliance from “5 days” to “10 days”; and deliver the notices by first class mail. (He felt delivery by certified mail was an unnecessary expense when the statute only requires first class mailing.) Commissioner Stratker suggested that road employees be used to identify troubled areas rather than having Myers drive up and down the roads. Myers could also initiate the verification and notification process upon receipt of a verbal or written complaint.  Chairman Schroder asked Myers to rewrite his proposal for establishing a roadside mowing program that will include the suggestions listed above and an estimated cost to cover his time and labor for administering the program.

 

A few months ago, Roy Schneider, Administrator of Duff Nursing Home, approached the Board with a request to have some renovations made at the nursing home. The original cost estimate was $70,000 to $80,000, but grew into a larger project of over $180,000. At that point, the engineering contract in the amount of $12,880 with JEO was terminated. Since then, Mr. Schneider obtained two other architectural proposals; one with Olsson Associates in the amount of $27,400; the second proposal was made by Carlson West Povondra Architects quoting an hourly rate of $85.00. Schneider said he felt more comfortable talking with the architect from Olsson who seemed to offer more affordable suggestions for designs. He would like to proceed with renovations, but keep the cost near the $100,000 mark. The building hasn’t been updated for 30 years and needs work to bring it up to ADA standards. He noted a nursing home must follow stringent building and fire codes. He pays the County over $7,000 a month for rent which could be applied to renovation costs. Commissioner Giittinger asked Mr. Schneider to invite a representative from Olsson Associates to make a presentation at the next meeting.

 

The appointment made by SENCA was cancelled and will be rescheduled at a later date.

 

Mary Lou Rivett, Deputy County Treasurer, requested the release of a pledged security with Otoe County Bank, Nebraska City, in the amount of $450,000 as it was called for payment. Commissioner Giittinger made a motion, seconded by Commissioner Stratker to adopt Resolution 2006-7 approving said transaction. Voting – Commissioners Schroder, aye; Stratker, aye; Giittinger, aye. Motion carried.

 

John Palmtag, Chairman of the Otoe County Visitors Committee, submitted two names for consideration in filling a vacancy on the Visitors Committee. According to the bylaws, there must be at least two members from the hotel industry serving on the Committee. When Bud Smulling sold his Bed and Breakfast establishment, he was forced to resign and a vacancy was created. The Committee met with Karen Houser, a manager from the Lied Center and Jeanna Stavas, who purchased Whispering Pines Bed & Breakfast. He noted that both ladies were lodging professionals and well-versed in tourism and marketing. Commissioner Stratker made a motion, seconded by Commissioner Giittinger to appoint Jeanna Stavas to serve as a member of the Otoe County Visitors Committee; term to expire December 2008. Voting – Commissioners Stratker, aye; Giittinger, aye; Schroder, aye. Motion carried.

 

Steve Zimmers, County Extension Educator, gave his monthly report of the upcoming activities and events. Sarah Purcell has begun instructing 56 youth who signed up to participate in the “Citizenship Washington Focus” program. This two year program is open to 4-H members from the age of 14-18. Those completing the course will take a trip to Washington DC in 2008. On March 6th there will be a Farmer/Rancher program at the Syracuse Fair Center. Crop Insurance Tools & Crop Marketing Strategies will the topics of discussion. There will be a Livestock Judging contest on March 25th. Extension Board members will attend a training session this month at the Kimmel building sponsored by UNL.

 

Brandi Reimers, County Assessor, presented one tax list correction: Dorothy Kuenning Estate – Owner passed away before the August 15th deadline and therefore does not qualify for homestead exemption for tax year 2005. Commissioner Giittinger made a motion, seconded by Commissioner Stratker to approve the tax list correction for the Dorothy Kuenning Estate. Voting – Commissioners Giittinger, aye; Schroder, aye; Stratker, aye. Motion carried.

 

Jerry Berggren, Architect, came before the Board to review several of the change orders that were proposed at the February 14th meeting. (1) Lightning protection – Current system was never completed or grounded. The phone system has its own grounding system, but he was more concerned with the radio towers. He will be talking with technicians from Motorola to see if they plan to provide their own grounding system when the new communication center is installed. If the County purchases a lightning protection system, it should be mounted before the roofing material is applied. He quoted a price of $19,640.00; a warranty could be purchased for an additional $20,000. The insurance company does not offer any breaks by having a lightning protection system on top of the building. (2) Extend the paint scheme from the first floor landing to the basement; add new treads and risers on the stairway. Cost is $2,348. (3) Add UPS circuit and two roof mounted antenna masks for the communication project; add three outlets in corridors and one GFI outlet. Cost is $3,501. (4) New floor finishes in offices on first and second floors, excluding any work in the courtrooms. He recommended linoleum in high traffic areas and carpeting within the offices. There will be extensive repairs to the floors in the Assessors Office and Probation Office. Bid includes taking out old flooring materials. The three color paint scheme will be extended to the hallway and offices on the first floor; acoustical ceilings will remain with no new lighting. Electrical / data raceways will be installed. Estimated cost is $203,885. (5) Refinish the District Courtroom and Jury Room to match the color scheme of the rest of the courthouse; includes removal of paneling, new carpeting, new HVAC Diffusers and ceiling tile. Estimated cost is $31,788; however Berggren did not recommend doing this work until ADA accessible jury room restrooms were created. The Renovation Committee requested approval of items 2 and 4. Commissioner Giittinger made a motion, seconded by Commissioner Stratker to approve change orders for items, 2, 3 and 4 as described above and to table items 1 and 5. Voting – Commissioner Schroder, aye; Stratker, aye; Giittinger, 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 March 14, 2006.

 

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 28th day of February 2006.

 

 

 

Janene Bennett

Otoe County Clerk