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 11, 2008, 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 11, 2008

 

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

              meeting, Audit and Sign payroll and regular claims

 

8:45 a.m. – Dave Schmitz, Zoning Admin: Discussion and/or action RE: Administrative Replat of Gress-

                        Aldana Subdivision; Discussion and/or action RE: Sludge application renewal by City of Omaha;

                        Discussion and/or action RE: Appointments to Planning Commission and Board of Adjustment

 

9:00 a.m. – Public Hearing:Consideration to sell county owned property–1 acre tract in the NW Corner 22-8-11

 

9:15 a.m. – Bid Opening: Overlay Project on C Rd near Woodland Hills Golf Course

 

Discussion and/or action RE: Other Road and Bridge matters

a)      Donald Harms and Alfred Damme Jr: Road drainage problem

b)      End of probationary period for new road employees

c)      Miscellaneous

 

Glen Steffensmeier: Safety Committee Report

 

10:00 a.m. – Joe Miller, Insurance Agent: Discussion and/or action RE: Revised valuations for county buildings

 

10:15 a.m. – Gregg Goebel, Emergency Management: Discussion and/or action RE: Interlocal agreement

                        with Nemaha NRD for the development of an all hazard mitigation plan

 

10:30 a.m. – Rich Kotan, OPPD: Discussion and/or action RE: Expansion of railroad tracks near power plant

 

10:45 a.m. – Pat Haverty: Discussion and/or action RE: Resolution to declare the County’s intention to

                        authorize issuance and sale of bonds for the  purpose of defraying improvement costs for

                        Diversified Foods Inc

 

After all matters have been addressed, the County Commissioners will go into executive session to discuss

personnel issues with the Highway Supt, Road/Bridge Foremen and County Attorney.

 

       Other business matters to address when time allows:

            Jackie Smith, Co Treasurer: Discussion and/or action to strike delinquent taxes that are 2 or more

                        years old

           County Assessor: Discussion and/or action RE: Tax list correction(s)

           Discussion and/or action RE: Support for LB587, a jail reimbursement bill

           Marv Pesek: Discussion and/or action RE: General Assistance cases / applications

           Miscellaneous Correspondence and other matters that may come before the Board

 

                                                                                                            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 11, 2008

 

The Otoe County Board of Commissioners convened in regular session at 8:30 a.m. on March 11, 2008 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.  Advance notice of this meeting was published in the Nebraska City News Press and Syracuse Journal Democrat, announced on the local radio station KNCY and posted in at least three public places. 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, Dale Haverty. Answering present at roll call were Commissioner Haverty and Commissioner Schroder. Commissioner Thummel was absent.

 

Chairman Haverty 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. He asked that all attendees turn off their cell phones or set them to vibrate while present in the meeting room.

 

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

 

Commissioner Schroder made a motion, seconded by Commissioner Haverty to accept the minutes from the previous meeting as mailed to them as each member was furnished with a copy of same. Voting – Commissioners Schroder, aye; Haverty, aye. Motion carried.  

 

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

 

Chairman Haverty reported that he received an email from Beth Ferrell, NACO legal advisor, encouraging counties to support LB587, a jail reimbursement bill that will be up for legislative debate soon. The bill would remove the $3.91 million cap on state appropriations for this program, but would not appropriate additional funds. Counties are authorized to request reimbursement for housing state prisoners, but when the cap is met, the counties don’t get paid. Commissioner Haverty made a motion, seconded by Commissioner Schroder to send a letter to Senator Pankonin and Senator Heidemann encouraging them to consider supporting the passage of LB587. Voting – Commissioners Schroder, aye; Haverty, aye. Motion carried.

 

Dave Schmitz, Zoning Administrator, explained the need for an Administrative Replat of Lot 1 of the Gress-Aldana Subdivision. The 2 acre lot was originally subdivided in the 1990’s. They now want to buy an additional .77 acres so that they can construct an outbuilding that will meet the required setbacks. Commissioner Schroder made a motion, seconded by Commissioner Haverty to authorize Chairman Haverty to sign the Administrative Replat of Lot 1, Gress-Aldana Subdivision located in the SE Ό of the SW Ό S4-T7-R14 at the request of owners, Fredrick and Janis Gress. Voting – Commissioners Haverty, aye; Schroder, aye. Motion carried.

 

Schmitz said the term of four members of the Otoe County Planning Commission will expire this month. They are Howard Bebout, Carol Doeden, Loreen Haupt and Bill Umland. Schmitz said he contacted each member and all agreed they would be willing to serve another term. Commissioner Schroder said he has received complaints that there is no representation on the Planning Commission from the southwest part of the county. He submitted the name of Cheri Wirthele to replace Carol Doeden. Schmitz said Gerald Royal was also interested in the position, but Commissioner Schroder felt it would be good to replace Ms. Doeden with another woman. Commissioner Schroder made a motion, seconded by Commissioner Haverty to sign Resolution 2008-9 appointing Howard Bebout, Loreen Haupt, Bill Umland and Cheri Wirthele to a three term on the Otoe County Planning Commission. Voting – Commissioners Schroder, aye; Haverty, aye. Motion carried.

 

The Board of Adjustment consists of five members and one alternate whose terms will expire at the end of the month. Schmitz recommended reappointing the current members who have confirmed they would serve another term. Commissioner Schroder made a motion, seconded by Commissioner Haverty to adopt Resolution 2008-10 appointing the following members to serve another three year term on the Otoe County Board of Adjustment: Kenneth Hartman, James Amerine, Bruce Madsen, Russell Moss, William Umland (regular members) and Jim Johnson (alternate). Voting- Commissioners, Haverty, aye; Schroder aye. Motion carried.

 

Schmitz presented the annual sludge application report as submitted by the Municipal Waste Treatment Facilities from the City of Omaha. He noted sludge is applied to 600 acres in Otoe County on property owned by John Knabe, Kenny Ahrens, Kent McGinnins, Pat Gress and Noerrlinger Farms. Commissioner Schroder made a motion, seconded by Commissioner Haverty to approve the annual report as submitted by the City of Omaha and to approve renewal of their existing sludge application permit. Voting – Commissioners Schroder, aye; Haverty, aye. Motion carried.

 

A public hearing was held for the purpose of hearing support or objections to the sale of county owned property legally described as a 1 acre tract located in the NW Corner of S22-T8-R11. It is filed in the name of the Otoe County Weed Board which no longer exists. Commissioner Schroder said someone had indicated an interest in purchasing the land. County Attorney Dave Partsch said the sale of county owned property must be advertised at least once 10 days in advance of the sale. Chairman Haverty closed the public hearing. There being no further comments for objections, Commissioner Schroder made a motion, seconded by Commissioner Haverty to advertise the 1 acre tract of land for sale at public auction to be held on April 8th at 9:00 a.m. Voting – Commissioners Haverty, aye;  Schroder, aye. Motion carried.

 

Glen Steffensmeier, County Highway Superintendent, and Lynn Denniston, Bridge Foreman, and Wally Pohlman and Rich Kuenning, Road Foremen, came before the Board to discuss road and bridge matters.

 

Three bids were opened and publicly read for the construction of an asphaltic concrete overlay on County Road C near the Woodland Hills Subdivision. They are listed below:

         Vendor                                  Base Bid                      Start Date                    Completion Date

Pavers Inc, Lincoln ……………$163,668.96………. June 2, 2008……………June 20, 2008

Dobson Bros Const, Lincoln….$199,940.37 ……….June 16, 2008 ………….July 3, 2008

Constructors Inc, Lincoln ……. $175,680.50 ……….July 7, 2008 …………….July 28, 2008

Steffensmeier said he would review the bids and make a recommendation later this morning. There was a representative from Constructors Inc. present for the bid opening; however, he declined to provide additional comments.

 

Donald Harms and Alfred Damme came before the Board to discuss the deterioration of a minimum maintenance road south of Intersection N-36. They said the road has become impassable. It is four feet lower than the ditches creating major drainage problems. Steffensmeier said it is the County’s obligation to maintain all roads in a manner that provides ingress and egress to all landowners. However, if the County is going to do major construction on a minimum maintenance road then he will have to apply for a Relaxation of Standards from the NDOR. Commissioner Haverty suggested that Steffensmeier and Pohlman meet with the farmers to look over the situation and then determine a solution. 

 

Two new road employees were hired last October. On April 1st the probationary period for road employee Harry Wieckhorst will end. Steffensmeier said Wieckhorst does very good work, takes good care of his truck and has excellent work ethics. April 15th is the end of the probationary period for Matt Watkins. Steffensmeier commented that Watkins is a very talented worker with good mechanical skills. Commissioner Schroder made a motion, seconded by Commissioner Haverty to promote Harry Wieckhorst to non probationary status effective April 1, 2008. Voting – Commissioners Schroder, aye; Haverty, aye. Motion carried. Commissioner Schroder asked that action regarding termination of the probationary period for Matt Watkins be tabled until the first meeting in April.

 

Steffensmeier said he would like to proceed with the replacement of two bridges which he feels should be priority projects – Bridge #53230 west of Intersection P-60 and Bridge #22210 on K Rd between Roads 32 and 34. He estimated the cost to be about $800,000 for the two bridges. Both have been approved as federal aid projects and bid letting could occur late this fall. The County will be responsible for 15% of the total cost, which is about $120,000. This amount will need to be included in the FY09 Budget. Steffensmeier said he has closed 15 bridges in the last 18 months and the County really needs to start replacing them.

 

Steffensmeier has designed a check list for each sign that is examined and/or replaced. It will include a description of the condition of the sign, its location and the date it was examined. In this way, there will be a record of the number of times the sign has been damaged or stolen and the date of replacement. He presented a revised report of the number and type of signs needed to order for replacement which does not include stock inventory. However, he recommended keeping at least 10 stop signs and other most commonly used signs on hand at each shop.

 

Steffensmeier also said he would like to revise the time sheets for the road employees that will include a complete record of the days and time worked; a description of the work done; the location of their work site and a mileage report. There will be a work sheet for each pay period.

 

As Safety Committee Chairman, Steffensmeier reported that the Safety Committee met on March 5th. One of the topics discussed was the unstable condition of the hand rail leading to the north entrance of the courthouse. He said the plates are corroded and the rail is loose. Some of the cement slabs are uneven due to upheaval this winter. Rick Sedersten, Courthouse Custodian, was advised to solicit bids for cement work and installation of new railing. Jan Reed, who is a member of the Committee, said it was suggested to install ornamental railing to compliment the newly remodeled courthouse. Commissioner Haverty said cost would be a factor in determining what style of railing is installed. The decision will be made after the bids are received.

 

Safety Committee members made inspections of each county owned building, trying to detect safety and health issues. It was reported that most of the road shops need a general cleaning and reorganization (pick up tools, roll up cords, etc).  The roof was recently repaired in the Syracuse Shop, but a complaint has been filed that there is mold growing at the top of the wall. Steffensmeier said he contacted Mr. Zimmers at the Extension Office who will get someone from the University to inspect and test the building for air quality.

 

Joe Miller, Agent for the County’s Liability and Property Insurance, said in December he gave each Board member a copy of a building valuation report compiled by the insurance company. The company recommended that all buildings should be valued at a minimum of 90% of replacement cost, resulting in a $2,146,428 increase in valuation. Before the renewal policy is written, the insurance company needs to know if the County agrees with the recommendations. Commissioner Haverty said he has no basis for disagreeing with the recommendations, so the Board will accept the proposed valuations. Miller commented that he attended the Safety Committee meeting last week and felt the suggestions made should help prevent accidents through safety awareness. No Workman’s Comp claims have been turned in so far this year.

 

Therese Trombino, Deputy County Assessor, presented the following tax list corrections: 1) Donald & Joyce Neeman – deduct $9.76 for tax year 2005, $9.72 for tax year 2006, and $9.56 for tax year 2007 – barn and lean-to were placed on incorrect parcel. 2) OPPD – deduct $65.86 for tax year 2006, $2,303.56 for tax year 2007 – leases were terminated, so OPPD will now pay in lieu of tax. 3) HomeWatch Caregivers – deduct $169.28 - filed duplicate returns in error; 4) Gerald & Claretta Royal – add $15.96 for tax year 2006 and $$8.12 for tax year 2007 - recapture on Greenbelt value of 2.26 acres; 5) Great Plains Brick & Tie Inc – deduct $351.44 – parcel split after statement was printed; 6) Boldt Farms Inc – add $351.14 – parcel split after statement was printed. Commissioner Schroder made a motion, seconded by Commissioner Haverty to approve the tax list corrections as presented. Voting – Commissioners Haverty, aye; Schroder, aye. Motion carried.

 

Jackie Smith, County Treasurer, presented a list of personal property taxes that are two years or more delinquent (most involve mobile homes). In accordance with State Statute 77-1738, she is asking permission to strike the taxes from the tax roll, a total of $721.70. However, she reminded the Board that striking delinquent tax does not cancel the tax; therefore collection can be made if the opportunity arises. Commissioner Schroder made a motion, seconded by Commissioner Haverty to grant her permission to strike the taxes on the list presented. Voting – Commissioners Schroder, aye; Haverty, aye. Motion carried.

 

Gregg Goebel, Emergency Management Director, explained the reason for composing an interlocal agreement between the Nemaha NRD and five southeast counties including Otoe, Johnson, Nemaha, Pawnee and Richardson. In order for counties and other political subdivisions to be eligible for FEMA funding, a hazard mitigation plan must be developed. The NRD has volunteered to be the sponsoring partner for the development and administration of an all hazard mitigation plan for the five counties. The NRD will also act as the grant and project administrator for a grant application to FEMA that will pay 75% of the total cost for writing the plan. The counties’ share of funding will be based on $2,000 per county plus 40 cents per person in the county. This results in a $7,700 obligation for Otoe County. Goebel said he had the County Attorney review the Agreement who offered no suggestions for changes. Goebel said the mitigation plan will cover a number of types of disasters. If we don’t have a plan in place, then the County will not be eligible for FEMA funds. Commissioner Schroder made a motion, seconded by Commissioner Haverty to approve the draft agreement as written. Voting – Commissioners Haverty, aye; Schroder, aye. Motion carried. The NRD will finalize the agreement at their March 13th meeting; then return it to each county for official board action.

 

Rich Kotan, representing OPPD, appeared before the Board to review construction plans to build an additional railroad track to the power plant southeast of Nebraska City. It will extend 12,000 feet on the west side of the existing track. This will enable the plant to increase the number of trains servicing the area to five. Commissioner Haverty questioned easement issues. Kotan said there were only two landowners that they need to purchase right of way from. Bid packets are out, but the job won’t be awarded for a few more weeks. Jerry Martin questioned how often the train would be blocking the road. Kotan said the plans include building a road around the tracks for farmers to use. The Board asked Mr. Kotan to coordinate the project with the County Highway Superintendent.

 

At 10:40 a.m. Commissioner Schroder made a motion, seconded by Commissioner Haverty to go into executive session to discuss general assistance cases and/or applications with the General Assistance Administrator, Marv Pesek. Voting- Commissioners Schroder, aye; Haverty, aye. Motion carried.

 

At 10:45 a.m. Commissioner Haverty made a motion, seconded by Commissioner Schroder to go back into regular session. Voting – Commissioners Haverty, aye; Schroder, aye. Motion carried. No action taken while in executive session.

 

Pat Haverty, Executive Director of RCEDC, came before the Board to explain the need for the County to sign another resolution of intent to issue additional industrial development revenue bonds for Diversified Foods Inc. in the amount of $2,500,000. Haverty said the County signed a similar resolution in June of 2007 agreeing to the issuance of bonds in an amount not to exceed $6,000,000. Since then, there have been significant cost overruns and change orders including an increase in the size of the cooking room. The company cannot get up to full production without the proposed modifications. He said, County Attorney, Dave Partsch, has reviewed and approved the resolution of intent as to form and legal content. Haverty stressed that the County cannot be held liable for nonpayment of these bonds; the County is just a pass through agent. A final resolution will be submitted at the April 8th meeting. Commissioner Schroder made a motion, seconded by Commissioner Haverty to sign Resolution 2008-10 declaring the County’s intent to authorize the issuance and sale of industrial development bonds for Diversified Foods Inc, not to exceed $2,500,000. Voting - Commissioners Schroder, aye; Haverty, aye. Motion carried.

 

Steffensmeier returned with a recommendation to award the bid regarding asphaltic overlay on C Road to the low bidder, Pavers Inc. He said he faxed the bids to Mark Mainelli for his input since he was the engineer for this project. Steffensmeier noted the bids were $20,000 more than was estimated a year ago, mainly due to increased transportation and oil costs. Each contractor bid a full depth crack repair as an option to crack sealing. Steffensmeier said full depth repair is a little more costly, but it will extend the life of the overlay. He said they could offset the extra cost by feathering the pavement back at the intersection of C-4 rather than a using a full cover. Commissioner Schroder made a motion, seconded by Commissioner Haverty to award the bid to Pavers Inc in the proposed amount of $170,103.96. Voting – Commissioners Haverty, aye; Schroder, aye. Motion carried.

 

At 11:08 a.m. Commissioner Schroder made a motion, seconded by Commissioner Haverty to go into executive session to discuss personnel issues with Glen Steffensmeier, Highway Superintendent, Wally Pohlman and Rich Kuenning, Road Foremen, Lynn Denniston, Bridge Foreman and County Attorney, Dave Partsch. Voting – Commissioners Schroder, aye; Haverty, aye. Motion carried.

 

At 12: 25 p.m. Commissioner Schroder made a motion, seconded by Commissioner Haverty to go back into regular session. Voting – Commissioners Schroder, aye; Haverty, aye.  Motion carried. No action was taken while in executive session.

 

Miscellaneous correspondence included an invitation for County Board members to attend a seminar on jail standards.

 

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 Schroder made a motion, seconded by Commissioner Haverty to adjourn the meeting, until the next one, which will be on March 25 2008.  

 

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 11th day of March 2008.

 

 

 

 

Janene Bennett

Otoe County Clerk