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 March 23, 2004, in the Commissioner’s Room (202) 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                                           MARCH 23, 2004

 

 

          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: Preliminary Plat for Timber Lake Subdivision

                              Approval/Disapproval – Vacation Plat-Lot 6 Jay Farms Subdivision

                              Approval/Disapproval – Grundman Hills Subdivision

                                                                                                      

          9:00 a.m.  - Discussion and/or action RE: Litigation involving County roadway (executive session)

                              

          9:15 a.m. - Open Bids: Engineering proposals for bridge projects

                              

          9:30 a.m. --Discussion and/or action RE: Road and Bridge matters

         

        10:00 a.m. --Open Bids: Motor Grader

 

        10:30 a.m. – Jim & Diane Teten: Discussion and/or action involving a zoning issue

 

        10:45 a.m. – Discussion and/or action RE: Part-time or full-time floating clerk position

 

        11:00 a.m. – Discussion and/or action RE: General Assistance Cases and/or Applications

                                    (Will go into executive session)

 

        12:00 p.m. – Make quarterly visit to county jail per state statute 47-109

 

        12:45 p.m. – Nancy Hoch: RCEDC quarterly report; Grant application

 

          1:00 p.m. – Jerry Berggren, Architect: Review Renovation Master Plan of Courthouse

 

                  

 

                    Other business matters to address when time allows:

                    Jackie Smith, Co Treasurer: Pledged security(s)

                    Discussion and/or action RE: Implementation of Payroll Direct Deposit

                    Discussion and/or action RE: Lawn Care for DHHS & Courthouse

                    Miscellaneous Correspondence and other matters that may come before the Board

 

           

                                                                                                       Janene Bennett

                                                                                                        County Clerk    

 

 

BOARD MINUTES MARCH 23, 2004

 

The Otoe County Board of Commissioners convened in regular session at 8:30 a.m. on March 23, 2004 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, Daniel P Giittinger. Answering present at roll call were Commissioner Giittinger, Commissioner Schroder and Commissioner Stratker. None absent.

 

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

 

Commissioner Schroder 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 Schroder, aye; Stratker, aye; Giittinger, aye. Motion carried.

 

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

 

A public hearing was held for the purpose of hearing support or objections to the development of Timber Lake Subdivision located in part of the S ½ of SE ¼ S30-T9-R9. Brian Corzine, engineer who designed the subdivision plat, came before the Board to present a preliminary drawing. He said the property would be divided into 70 lots, 69 residential and 1 commercial. They would encircle a small manmade lake created by an NRD dam structure. Since the property would be divided into two sections, there would be two entrances, one from Hwy 2 and the other off of County Rd 2. All the roadways within the subdivision would be paved. The community would have its own sewer system with a water treatment plant that has been pre-approved by DEQ. The Lancaster Rural Water District has agreed to provide water service and OPPD would provide electrical power. 

 

Fleming noted that the plat was tabled at the Planning Commission meeting of March 18th due to several issues raised by Orval Stahr, advisor to the Commission. Mr. Corzine said he has already addressed a couple of those concerns by amending the plat. He increased the diameter of the cul-de-sacs in order that all lots would have the required minimum frontage of 66’. By doing so, he eliminated one of the 69 lots. He then allowed for larger turn-around areas at the dead ends located on the northern boundary in order to satisfy the emergency vehicle concern regarding better accessibility to all homes. He said he would pursue a relaxation of the 50’ setback requirement due to the urban nature of the subdivision. He plans to take the amended plat to the April Planning Commission meeting. The developer hopes to start grade work this summer.

 

Dave Schmitz, Registered Surveyor, came before the Board to present the Vacation of Lot 6 of Jay Farms Subdivision located in the E ½ of the NE ¼ S24-T9-R13. Schmitz noted that the owners, William and Constance Cronican, have decided that this lot will not be sold as a buildable lot. Cronican would like to revert it back into agricultural land so that it can be taxed as such. There being no opposition, Commissioner Schroder made a motion, seconded by Commissioner Stratker to authorize Chairman Giittinger to sign the vacation plat for William and Constance Cronican described as Lot 6, Jay Farms Subdivision. Voting – Commissioners Giittinger, aye; Schroder, aye; Stratker, aye. Motion carried.

    

Schmitz then presented the Grundman Hills Subdivision plat for Board approval. Schmitz explained that 3.77 acres is being divided from the farmstead in order for a son to build a new home there.  Commissioner Schroder made a motion, seconded by Commissioner Stratker to authorize Chairman Giittinger to sign the plat map for Grundman Hills Subdivsion located in the S ½ of the SW ¼ of S21-T7-R11 as requested by owners Larry, Cheryl and Mary Grundman. Voting – Commissioners Schroder, aye; Stratker, aye; Giittinger, aye. Motion carried.

 

At 9:08 a.m. Commissioner Schroder made a motion, seconded by Commissioner Stratker to go into executive session to discuss litigation of a county roadway with the County Attorney, the County Highway Superintendent, and the County Surveyor.   Voting – Commissioner Stratker, aye; Giittinger, aye; Schroder, aye. Motion carried.

 

At 9:20 a.m. Commissioner Schroder made a motion, seconded by Commissioner Stratker to go back into regular session. Voting – Commissioners Giittinger, aye; Stratker, aye; Schroder, aye. Motion carried.

 

No action was taken while in executive session.

 

Bob Fleming, County Highway Superintendent, continued with discussion of road and bridge matters.

 

Bid proposals were publicly opened and read for the design of three separate bridges. Vendors submitting proposals are listed below:

             Vendor                                  Bridge #00515          Bridge #02905          Bridge #11330

Speece/Lewis, Lincoln                          $12,400                      $20,300                       $14,300

Mainelli, Wagner Assoc, Lincoln          $18,100                   $17,200                     $22,400

Both firms had representatives present for the bid opening; Chris Lane from Speece/Lewis Engineering and Jeff Wagner from Mainelli, Wagner & Associates. Both firms offered at least two designs for each bridge, assuring that the engineering fee would be the same for either design. Fleming was asked to review the proposals and to return to the meeting later with recommendations.

 

At the request of the Board at the previous meeting, Ed Rowen, spokesperson for Consolidated Rural Water District #1, returned with a cost estimate for the relocation of a rural water line at the Bebout/Kreifels dam structure site. According to Kerns Excavating (who has done a lot of work for the water district) the estimated the cost was quoted at $5,124. This included materials and labor. Commissioner Stratker made a motion, seconded by Commissioner Schroder to hire Kerns Excavating to do the work and to negotiate a cost share agreement with the Nemaha NRD. Voting – Commissioners Stratker, aye; Giittinger, aye; Schroder, aye. Motion carried.

 

Fleming noted that he asked Harold Mattes to train the new motor grader operator that was hired to replace him and questioned what the rate of pay should be for Mattes. Should he be paid at the same rate of pay he was receiving when he retired ($13.10 per hour) or the rate being paid to another part-time employee who is receiving $12.00 per hour? Commissioner Schroder made a motion, seconded by Commissioner Giittinger to pay Harold Mattes $12.00 per hour, the same rate of pay as the other part-time road employee. Voting – Commissioners Giittinger, aye; Schroder, aye; Stratker, no. Motion carried.

 

Regarding Bridge Project BRO-7066(32) located 1 ½ miles southeast of Syracuse: Commissioner Schroder made a motion, seconded by Commissioner Stratker to authorize Chairman Giittinger to sign the Title Sheet approving construction plans for Bridge Project BRO-7066(32). Voting – Commissioners Schroder, aye; Stratker, aye; Giittinger, aye. Motion carried.

 

Fleming presented an Administrative Replat for Board approval regarding Lots 59, 60, and 61, Block 1, Woodland Hills Golf Club in NW ¼ S16-T9-R9. It was drawn up to combine the three lots into one large lot. Fleming said the amended plat met all county regulations. Commissioner Schroder made a motion, seconded by Commissioner Stratker to authorize Chairman Giittinger to sign the Administrative Replat for Woodland Hills Golf Club as presented. Voting – Commissioners Stratker, aye; Giittinger, aye; Schroder, aye. Motion carried.

 

Jackie Smith, County Treasurer, requested that a $200,000 pledged security with Commercial State Bank, Nebraska City, be released and replaced with another pledging of the same value. Commissioner Schroder made a motion, seconded by Commissioner Stratker to sign Resolution 2004-10 approving said transactions. Voting – Commissioners Giittinger, aye; Schroder, aye; Stratker, aye. Motion carried.

 

At 10:00 a.m. bids were opened and publicly read for the purchase of one new or used motor grader. All bids included a trade in value for a 1987 Cat Grader. Vendors submitting bids are listed below.

            Diesel Power Equipment, Omaha, NE: 2004 New Holland RG200-B

Base Bid        Trade-In         Net Bid             Repair Cost         5 year Buy Back    Total Cost        Delivery

$134,150       $22,500         $111,650        $0                      $67,500            $44,150          45 days

            Mid-Land Equipment, Omaha & Lincoln, NE: 2004 Case G885 (2 graders)

$332,384      $211,192        $134,632          $13,440                 $50,000                $84,632      60-90 days

  • Bid included taking back the 2003 865 Case Grader in addition to the 1987 Cat

Murphy Tractor, Lincoln: 2004 John Deere 770CH-II

$156,300      $38,000          $118,300                 $0                       $0                           $0         60-90 days

            Murphy Tractor, Lincoln: 2004 John Deere 670CH-II

$151,400      $38,000          $113,400                 $0                       $0                           $0         60-90 days

            Nebraska Machinery, Lincoln: 2004 Caterpillar 12H

$172,000      $42,900          $129,100                 $0                    $82,000                $47,100       2 weeks

            Nebraska Machinery, Lincoln: 2004 Caterpillar 140H (has 450 hours)

$172,000      $42,900          $129,100                 $0                    $90,000                $39,100       2 weeks

 

 

 

Sales representatives were allotted five minutes each to give a sales pitch and answer questions. Representing Diesel Power - Carl Tegethoff; Mid-Land Equipment - Larry Cabel; Murphy Tractor - Greg Kozisek; and Nebraska Machinery - Herb Wolkenhauer

 

Commissioner Stratker suggested that the bids be tabled until the next meeting to allow time for reviewing bid packets and to give county operators time to test-drive the machines if they desired.

 

Commissioner Schroder made a motion, seconded by Commissioner Giittinger to purchase the 140H Caterpillar from Nebraska Machinery. Voting – Commissioner Stratker, abstain, Commissioner Giittinger; aye; Commissioner Schroder, aye. Motion carried.

 

Jim and Diane Teten and their attorney, John Hahn, came before the Board to discuss the distance separation requirements of the zoning regulations. Hahn explained that the Tetens want to build a home on a section of a 120-acre farm that they already own. A hog confinement operation is located ½ mile south and ½ mile east. In accordance with the County’s zoning regulations, the location of the house needs to be .25 miles east/west and .5 miles north/south from a hog operation and at least 1 mile from where manure is spread. He felt the Tetens already met the distance requirements, but pointed out that the County Board of Commissioners could allow an exception if topography, prevailing winds, or combination of factors existed and construction of a dwelling would not interfere with the hog operation. He noted there were at least three 100 feet hills between the hog operation and the site where they would like to build their home. In addition, he compiled information of easterly wind direction for the past two years and found that there was an average of 23 days per year when the wind blew from east to west. The Tetens have asked the owners of the hog operation to sign an impact easement, but they declined. Bill Umland, Chairman of the Planning Commission, said this matter does not need to go back to Planning Commission if it involves construction of a house only. Originally, the Tetens had requested a Conditional Use Permit when they were considering the construction of a social hall next to their home. That application was withdrawn when the Planning Commission would not approve the Conditional Use Permit. In order to build a home, they will need to apply for a building permit from the zoning administrator.

 

Janis Riege, Clerk of the District Court, said that she has been looking for a part-time person to help out in her office for 8 hours a week and to fill in during vacation and sick leave. In order to find a quality worker, most people want a minimum of 20 hours per week. She took a survey from several other office holders who said they could use extra help during their busy times. The duties would be general clerical, such as opening mail, writing receipts, answering phone, filing, etc. Ms Riege has money in her budget to hire a part-time person, but none of the other officials have surplus funds. The Board said that if she hires a person who is willing to float to other offices, then those officials would need to come before the Board at that time and get approval to pay that person’s wages out of the miscellaneous fund.

 

At 11:23 a.m. Commissioner Schroder made a motion, seconded by Commissioner Giittinger to go into executive session to review general assistance applications and/or cases. Voting – Commissioners Stratker, aye; Giittinger, aye; Schroder, aye.  Motion carried.

 

At 11:57 a.m. Commissioner Schroder made a motion, seconded by Commissioner Stratker to go back into regular session. Voting – Commissioner Schroder, aye; Stratker, aye; Giittinger, aye. Motion carried.

 

Bob Fleming returned to give a report on the engineering proposals for the three bridges that were opened earlier. He made the following recommendations as the lowest bids for each project. Bridge # C006600515 to Speece-Lewis for $12,400; Bridge #006602905 to Mainelli Wagner for $17,200; and C006611330 to Speece-Lewis for $14,300. Commissioner Schroder made a motion, seconded by Commissioner Stratker to award the bids as recommended by Fleming.  Voting – Commissioners Schroder, aye; Stratker, aye; Giittinger, aye. Motion carried.

 

At 12:08 p.m. Chairman Giittinger called for a recess with the meeting to reconvene at 1:00 p.m.

 

At 1:03 p.m. Chairman Giittinger called the meeting to order. Answering present at roll call were Commissioner Giittinger, Commissioner Schroder and Commissioner Stratker. None absent.

 

A presentation was given by Jerry Berggren who was hired to write a master plan for the renovation of the Courthouse. After interviewing the elected officials, researching historical records and making physical inspections of the building he compiled a list of 10 improvements that could be accomplished in phases or in one encompassing project. He based the sequence of the list on the need for improving deteriorating conditions of materials or systems and the level of discomfort that exists for the staff. 1. Mural - refurbish and apply protective sealant. 2. Roof - Replace the sprayed-on latex roofing with a steel roof, reverting back to a roof similar the original. 3. Heating/cooling system – Number one complaint was uneven heating and cooling; recommended converting the present system from steam heat to hot water by modifying the present boilers and valves.  4. Improve windows: Even though new sash units were installed last year, he was concerned with signs of moisture below the windows that were not addressed. 5. Space and security problems: most offices are overcrowded; need to move archival records off premise in an environmentally controlled site and keep the most current records on-site for easy access. Need to eliminate unnecessary security risks. 6. Create design standards for the hallways and offices to a 1930’s vintage, a theme and color scheme that will provide a homogenous appearance. 7. Electric wiring and cabling for computers; install raceways that will handle current and future wires or cables. 9. Restore public areas from top to bottom, from outer offices to corridors. 10. Restore the bell to working condition. The total construction cost was estimated at nearly 1.5 million dollars. However, he said to allow a contingency fund of another ½ million bringing the total cost of the project to 2 million dollars. This will cover architectural fees and unexpected costs that may occur after construction begins. Construction will probably trigger the fire marshal to order implementation of a sprinkler system and other ADA requirements. The soonest construction could begin would be next spring. If the County should decide to do all projects at once, it would take 12-18 months for construction if the offices try to remain open and continue to operate while under construction. Berggren said the building is structurally sound and it is his intention to preserve its historical integrity. After all, the Courthouse is the oldest public building still in use in the state of Nebraska.

 

John Osuch said that he has researched nationwide for availability of grant money. He found many sources ranging from energy efficiency programs to historical preservation, but someone needs to apply for the grants. Now that there is a master plan, it will be easier to ask for and get money when people have visual aids to see how their money will be spent.  

 

The Board asked Berggren to draw up an engineering contract that would include the first six steps of his master plan to be the first phase of the project.

 

Brandi Ellis, County Assessor, presented one tax list correction for approval. Laurence & Helen Royal – deduct $237.02 – correction of clerical error. Commissioner Schroder made a motion, seconded by Commissioner Stratker to approve the tax list correction for Laurence & Helen Royal. Voting – Commissioners Schroder, aye; Stratker, aye; Giittinger, aye. Motion carried.

 

After some discussion, the Board agreed to renew the lawn care services contract with Lind Lawn Care to include application of fertilizers/chemicals and to mow the Courthouse lawn for the 2004 season. In addition, Lind Lawn Care will do the yard work at the Department of Health & Human Services.

 

In regards to direct deposit, Commissioner Schroder made a motion, seconded by Commissioner Stratker to attach a letter and ACH Credit Authorization form to all county employees’ paychecks giving them the option to enroll in payroll direct deposit. Voting – Commissioners Giittinger, aye; Schroder, aye; Stratker, 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, Daniel P Giittinger, Chairman of the Board, declared this meeting adjourned, until the next one, which will be on April 13, 2004.

 

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 23rd day of March 2004.

 

 

 

 

Janene Bennett

Otoe County Clerk