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 March 10, 2009, 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                                       March 10, 2009

 

8:30 a.m. -- Open Meeting, Call roll, Open Meetings Act posted; Accept agenda;                         Accept minutes from previous meeting; Audit and Sign payroll claims; Audit and sign regular claims

 

8:45 a.m. – Dave Schmitz, Zoning Administrator: Discussion and/or action RE: Sludge applications

    Representatives from the Nebraska City Utilities and Omaha Municipal Waste Treatment will be present

 

9:05 a.m. – Jim Gress, Sheriff: Discussion and/or action to advertise for the purchase of new patrol vehicle

 

9:15 a.m. – Roy Schneider, Duff Friendship Villa Administrator: Discussion and/or action RE: Using the old

                   Duff Bldg (being vacated by DHHS) for possible expansion

 

9:30 a.m. -- Ron Wilhelm and Lisa Kjeldgaard, Nebraska Financial: Presentation on Health, Dental, Life,

                   Vision and other benefits

 

9:45 a.m. – Rick Sedersten: Discussion and/or action RE: Building repair maintenance and Christmas lights

                             Discussion and/or action RE:  Agreement with Control Services

  

10:00 a.m.   Arnold Ehlers:  Discussion and/or action RE:  Keno

 

10:15 a.m.   Steve Lade, Safety Committee: Discussion and/or action RE:  Minutes and reports discussed at

                       March 4th meeting      

 

10:30 a.m. –   Discussion and/or action RE: Road and bridge matters

a)      Fuel system at Nebraska City

b)      Report on FEMA bridges    

c)      2007/2008 FEMA repairs                 

 

       Other business matters to address when time allows:

Janene Bennett, County Clerk: Discussion and/or action RE: Pledged Security

Jackie Smith, County Treasurer:  Discussion and/or action RE: Pledged Security

Discussion and/or action RE: Rehiring of Matt Watkins

Discussion and/or action RE: Resolution of Interlocal Agreement with Richardson, Pawnee,   Nemaha, Johnson and Otoe Counties regarding SE District Health Department

            Miscellaneous Correspondence and other matters that may come before the Board

 

            At the conclusion of the meeting the Commissioners will have lunch at the jail per the requirements of state law and then go with the road department to view the remaining bridges under consideration and/or construction and the Commissioners will view the shops in Douglas and Burr.  No action will be taken by the Commissioners during this trip and the public is welcome to attend.

 

                                                                                                            Janene Bennett, Otoe County Clerk

 

 

The County Board reserves the right to go into executive session when they deem it necessary.

Individuals requiring physical or sensory accommodations, including interpreter service, Braille, large print or recorded materials, please contact Janene Bennett, County Clerk, Otoe County Courthouse, P O Box 249, Nebraska City, NE 68410, (402) 873-9505), no later than 12:00 noon the day before the meeting.

 

 

 

March 10, 2009

 

The Otoe County Board of Commissioners convened in regular session at 8:30 a.m. on March 10, 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, and Commissioner Kreifels. Commissioner Freshman was 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 Crook made a motion, seconded by Commissioner Kreifels to accept the agenda as posted. There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Nelsen, Lade, Crook, and Kreifels. Nay – none. Motion carried.

 

Commissioner Kreifels made a motion, seconded by Commissioner Lade 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, and Nelsen. Nay – none. Motion carried.  

 

Commissioner Lade made a motion, seconded by Commissioner Crook to audit and sign payroll claims. There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Crook, Kreifels, 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 Kreifels to approve payment of the regular claims. There being no further discussion, Chairman Nelsen called for a vote.  Voting aye were Commissioners Kreifels, Lade and Crook; Commissioner Nelsen approved payment of all claims except those claims submitted by the Public Defender’s Office to which he abstained. Nay – none. Motion carried.

 

Other business matters were addressed. Janene Bennett, County Clerk, requested the release of a pledged security with Arbor Bank, Nebraska City, in the amount of $250,000. She noted there would be no replacement bond since the FDIC Insurance was raised to $250,000 and the average balance of the Imprest Fund was $95,000. Commissioner Crook made a motion, seconded by Commissioner Kreifels to adopt Resolution 2009-10 approving said transaction. There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Nelsen, Lade, Crook and Kreifels. Nay – none. Motion carried.

 

Commissioner Kreifels made a motion, seconded by Commissioner Crook to rehire Matt Watkins, effective immediately, as a crew member of the road department, reinstating him at same status that he held when he was laid off. Commissioner Lade said he still feels the position should be advertised to take applications. County Attorney, Dave Partsch, said in accordance with the Union Contract, if any rehiring is done within one year of the time an employee is terminated, the position must first be offered to that employee. Commissioner Lade questioned the terminology used when Watkins’ job ended in last October. Attorney Partsch said “laid off” or “terminated” means the same. A question arose regarding the other two bridge crew members who were terminated at the same time as Watkins. Would they be hired back as well? Commissioner Nelsen said Watkins was originally hired as a mechanic; then reassigned to the bridge crew. He has mechanical skills that the other two do not have. Rehiring Watkins brings the crew membership back to 24, which is the number they were striving for in the reorganized plan. There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Crook, Kreifels and Nelsen. Commissioner Lade voted nay. Motion carried.

 

Chairman Nelsen explained that a change in a statute number necessitated the need to sign a new Interlocal Agreement establishing a District Health Department among Nemaha, Otoe, Johnson, Pawnee and Richardson counties. Commissioner Crook made a motion, seconded by Commissioner Lade to authorize Chairman Nelsen to sign the amended Interlocal Agreement for the Formation of a District Health Department among the five counties (named above) in Southeast Nebraska. There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Crook, Kreifels, Nelsen and Lade. Nay – none. Motion carried.

 

Jackie Smith, County Treasurer, requested the release of pledged securities with Arbor Bank, Nebraska City, in the aggregate amount of $915,000 and replacing them with three other securities in the aggregate amount of $1,168,000. Commissioner Kreifels made a motion, seconded by Commissioner Crook to adopt Resolution 2009-11 approving said transactions. There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Lade, Crook, Kreifels, and Nelsen. Nay – none. Motion carried.

 

Dave Schmitz, Zoning Administrator, explained that in accordance with Otoe County Open Agricultural and Transitional Agricultural Zoning Regulations, utility companies must reapply annually for land application of sludge on farm ground. Bob Gray, Superintendent of the Nebraska City Waste Treatment Facility, said that they use lime stabilization and run daily samples to ensure that PH regulations are maintained. They conduct quarterly tests of the biosolids to determine how much sludge can be applied to a parcel of land. Last year, they applied sludge to 191 acres in Otoe County at four different sites. Commissioner Kreifels made a motion, seconded by Commissioner Crook to approve the application of sludge on certain parcels of land in Otoe County by the Nebraska City Waste Treatment Facility. There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioner Kreifels, Nelsen, Lade and Crook. Nay – none. Motion carried. According to the annual report, the sludge is being applied on farm ground owned by Oscar Heng, Louise Conley, Tom Liesemeyer and John Voelker.

 

Gordon Andersen, representing the Public Works Department of Omaha, said they have applied sludge material on several sites in Otoe County for many years. The sites are located in the northeastern part of the County and cover about 380 acres.  Commissioner Lade made a motion, seconded by Commissioner Kreifels to approve the application of sludge on certain parcels of land in Otoe County by the Public Works Department of Omaha. There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Nelsen, Lade, Crook, and Kreifels. Nay – none. Motion carried. According to the submitted report, sludge is being applied on farm ground owned by Patrick Gress, Ken McGinnis, Bryan Murdoch and Noerrlinger Farms.

 

Chairman Nelsen called for a short recess at 8:48 a.m. Members did not leave the room.

 

The following correspondence was read: Commissioner Crook received an invitation to attend a Nebraska Sustainability Leadership Workshop at the Kimmel Education Center in Nebraska City. Its purpose is to help people in leadership positions enhance their leadership skills and provide suggestions for addressing challenges.

 

A memorandum was received from the Nebraska Community Improvement Program encouraging entities to participate in their program which assists in community planning; then recognizes entities for their successes. They are offering a workshop for Regional Nomination Trainings if an entity wants to enter a local project for a special community award.

 

A Senior Official Workshop is being hosted by the Lincoln-Lancaster County Emergency Management on April 8th. Its purpose is to provide a forum to discuss disaster preparedness and share strategies among elected officials.  None of the Commissioners plan to attend.

 

Sheriff Jim Gress came before the Board to request permission to advertise for the purchase of a new patrol vehicle. He said he would like to offer the 2006 Pontiac GTO as a trade-in, anticipating $10,000 trade-in value. It only has 70,000 miles on it, but it costs a lot of money to maintain. He wants to advertise for a Dodge Charger with a Police Package which is designed for high speed and durability.  The state bid listed this vehicle for about $21,000. He asked the Board to finance the remaining balance (about $11,000) from the Inheritance Tax Fund. Commissioner Lade made a motion, seconded by Commissioner Kreifels to grant Sheriff Gress permission to advertise for the purchase of a Dodge Charger patrol vehicle. There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Crook, Kreifels, Nelsen and Lade. Nay – none. Motion carried.

 

Roy Schneider, Administrator of Duff’s Friendship Villa, appeared before the Board to express his ideas for expanding the nursing home facility. First, he gave a brief history of why the facility is owned by the County. In the late 1940’s, the Duff family donated their original family home to Otoe County with the stipulation that it was to be made into a retirement home for the elderly. In 1967 and again in 1974 additions were constructed that adjoined the original home. The new additions have been utilized as the nursing home facilities and the original Duff Home was converted into office space for the Department of Social Services. Duff’s has always been considered a “county home” for those who can’ afford the higher class nursing homes. Three years ago, the County spent over $100,000 to remodel the entrance and office area to make it more functional and appealing. Schneider said the other nursing homes in Nebraska City have more private rooms and offer assisted living.  Since DHHS will be vacating the old building soon, he would like to have it remodeled and brought up to code so that it he can have additional commons area, office space, activity rooms, etc. He also suggested a two story addition to the north of the original home that will provide 12 more private residential rooms. He said the current facilities need to be updated in order to be competitive with other nursing homes in the area. If the County invests in improvements, he hopes to increase the number of residents which will generate more rent money for the County. He said he needs to know whether the Board plans to keep the business going. County Attorney Partsch said he checked the deeds and covenants of the property. He found that the original deed was signed by three families granting the property to the County, but restricting its use to elderly care. In the early 1960’s, one of families relinquished its right to have the property reverted back to them, but he could not find any other deeds filed by the remaining two families. Currently, Mr. Schneider pays $7800 per month for rent. The County finances major repairs of the buildings, and the nursing home pays for daily maintenance. Chairman Nelsen suggested visiting the facilities before making any decisions.

 

Ron Wilhelm and Lesa Kjeldgaard came before the Board to introduce the services they could provide as Nebraska Financial Administrators. Both are insurance brokers who work with employers in the Lincoln area to develop solutions and offer options for providing benefits to their employees. They can provide group health, dental, and life insurance, elective long term care or disability insurance and retirement planning. They said they would like to have the opportunity to make a bid and possibly save money for the County. Chairman Nelsen said the Board has not decided whether they will go out for bid this year or just renew the Blue Cross/Blue Shield plan with NACO. He asked Jan Reed to take a survey of the county employees’ preference and to return that information to him

 

At 9:35 a.m. Chairman Nelsen called for a recess until 9:45 a.m. At 9:45 a.m. it was duly noted that Commissioners Nelsen, Lade, Crook and Kreifels were present to resume the meeting.

 

Rick Sedersten, Custodian for the Courthouse, had several items to discuss. 1) He reported that he applied for and received a grant in the amount of $1,286.25 from the Wirth Foundation to purchase and install Christmas lights around the cupola of the Courthouse. 2) He was notified that the current maintenance contract with Control Services Inc will expire on May 8, 2009. This company performs annual inspections of the heating/cooling system used in the courthouse. Sedersten said the contract price this year will be $2,435 which is $90 more than last year; the County also receives a 10% discount on repairs not covered in the maintenance contract. He said the company requires a 30 day written notice if the contract is to be cancelled, otherwise it will automatically renew. Since local vendors are not equipped to handle this equipment, Sedersten recommended renewal of the contract and the Board agreed. 3) Sedersten asked Control Services for a quote to replace a 3-way hot water mixing valve and isolation valve so that fluids do not have to be drained and replaced every time the system needs work. He said the installation of the valves should save money in the long run, since replacing fluids becomes very expensive. Commissioner Lade made a motion, seconded by Commissioner Crook to approve the quoted price of $2,145 submitted by Control Services Inc to replace a 3-way mixing valve and install a valve bypass on the heating/cooling system in the Courthouse.  There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Crook, Kreifels, Nelsen and Lade. Nay – none. Motion carried. 4) Last fall, Sedersten said the previous Board approved a bid to have the basement windows sealed, the window wells filled and some landscaping done on the north and south sides of the courthouse to prevent water from running into the basement. Winter set in and the job was never started. At the time, a quote of $7,000 was guaranteed for 30 days.  If the current Board would want him to proceed, he would have to get new quotes. He also said the previous Board received a proposal from Karr Tuckpointing in July of 2008 to repair and preserve masonry on the courthouse, but nothing was approved. Chairman Nelsen asked Sedersten to get quotes from the contractor(s) who did masonry work on the Public Library and the Methodist Church for comparison. The Board will use this information during the budgeting process for FY10. Sedersten recommended that the foundation work be done this year. He noted the soffits also need attention.

 

Arnold Ehlers, the Clerk/Treasurer for the City of Nebraska City, asked that the Board consider negotiations to enter into an interlocal agreement with Nebraska City regarding keno operations within its corporate limits. County Attorney Partsch said that he and Commissioner Freshman met a few weeks ago with Mayor Jack Hobbie and Mr. Ehlers. At the General Election, the establishment of keno lottery was a countywide issue that was approved by Otoe County voters. Keno may be played anywhere in the County, but the Villages and Cities have the authority to regulate lottery games within their corporate limits or zoning jurisdiction and can even pass an ordinance to ban them from being played. The Clubhouse at Table Creek has applied to be a keno outlet, but it is located within the jurisdiction of the County only. Partsch said if an establishment would want to offer keno within Nebraska City, the City and the County need to have an agreement in place. Commissioner Nelsen made a motion, seconded by Commissioner Kreifels to appoint Commissioner Freshman, Commissioner Nelsen and County Attorney Partsch to serve on a subcommittee to negotiate and develop plans for potential keno outlets located within the corporate limits of a City or Village. There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Kreifels, Nelsen, Lade and Crook. Nay – none. Motion carried.

 

Chairman Nelsen called for a recess until 10:15 a.m. at which time the next appointment is scheduled to begin. At 10:15 a.m. all board members were noted as being present and ready to resume.

 

Acting Chairman of the Otoe County Safety Committee, Commissioner Steve Lade gave a report of discussions that were held at their March 4th meeting. He presented a list of names who agreed to serve on the Safety Committee. Representing employees are John Bebout, Fred Phillips, Rick Sedersten and Judy Crouse. Supervisory representatives are Nick Shimmel, Gregg Goebel, Janet Reed and Steve Lade. Commissioner Nelsen made a motion, seconded by Commissioner Kreifels to appoint the eight members listed above to serve on the Otoe County Safety Committee. There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Nelsen, Lade, Crook and Kreifels. Nay – none. Motion carried.

 

Commissioner Lade said they are in the process of creating new forms for reporting accidents – one for major incidents and one for minor. The Committee has suggested that all road shops have the same lock so that 1 key fits all. In this way the Sheriff and Deputies would only have to carry 1 key for access to any shop if a problem arose. Another possibility would be to install magnetic locks on all of the doors requiring card readers for entry. This system would keep track of who enters a building and at what time. Mr. Sedersten was asked to check into the cost. The Committee is still meeting every other week to get organized; however, the law only requires quarterly meetings. Commissioner Lade said he is considering continuation of bimonthly meetings with the road department to keep them aware of safety issues that may prevent and reduce the number of reportable accidents. He said the Committee will be making a budget request for the next fiscal year.

 

Glen Steffensmeier, County Highway Superintendent, Wally Pohlman and Rich Kuenning, Crew Leaders and Lynn Denniston, Supervisor, came before the Board to discuss road and bridge matters.

 

a) Fuel system – Supt Steffensmeier presented a proposal from General Excavating for the removal and disposal of two underground fiberglass fuel tanks located at the NC Road Shop that have been taking on water. He said another party may have to be brought in to clean up contaminated soil if it is determined that fuel leached into the ground. If the area can’t be cleaned up entirely; then it may require monitoring for a time. Commissioner Crook made a motion, seconded by Commissioner Kreifels to direct Steffensmeier to try to get two more proposals for comparison. There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Lade, Crook, Kreifels, and Nelsen. Nay – none. Motion carried.

 

b) FEMA Bridges – Engineers are working on designs for three bridge replacements. If the County can prove that it will cost more than 50% of the replacement cost to repair the fourth bridge, then FEMA will approve its replacement. Steffensmeier said the County may have to spend $10,000 for a design to prove this; however, if the repair costs are less, FEMA will only pay for the repairs and the County will not get reimbursed for the engineering of a new bridge. Commissioner Lade made a motion, seconded by Commissioner Crook to direct Supt Steffensmeier to continue with procedures for replacement of the fourth bridge, including authorization to have an engineer draw up the plans. There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Crook, Kreifels, Nelsen and Lade. Nay – none. Motion carried.

 

c) 2007/2008 FEMA projects (not bridge replacements) – The County Board stressed that these FEMA projects must be given top priority and completed as soon as possible so that the County can submit these costs for reimbursement.

 

Commissioner Kreifels made a motion, seconded by Commissioner Crook to adjourn at 10:45 a.m. Voting aye were Commissioners Kreifels, Nelsen, Lade and Crook. Chairman Nelsen noted that all Board members were going to have lunch at the jail per the requirements of the state law; then carpool with road department personnel who will take them to view the remaining bridge sites that are under consideration for repairs or replacement. They will also visit the shops at Douglas and Burr. No action will be taken by the Commissioners during this trip and the public is welcome to follow along.  The next regular meeting will be held on March 24, 2009.  

 

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 10th day of March 2009.

 

 

Janene Bennett

Otoe County Clerk