NOTICE OF MEETING

Otoe County Courthouse

Nebraska City NE 68410

NOTICE IS HEREBY GIVEN that the Otoe County Board of Commissioners will meet in regular session at 8:30 a.m. on March 24, 2009 in the County Courtroom (108) of the Otoe County Courthouse. The meetings 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 ___________________________________March 24, 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:

1) Public Hearing to hear support or objections to issuing a Conditional Use Permit to Brandon Johnson

to construct a stable and riding arena on property located in NW ¼ 11-7-13

2) Discussion and/or action to reappoint three members to the Planning Commission – 3 Year Term

9:00 a.m. – Syracuse FFA Students: Give wind energy presentation

9:15 a.m. – Joy Schroder: Discussion and/or action RE: LB5 which allows counties to adopt resolutions

prohibiting trapping in county road right-of-way

9:30 a.m. -- Steve Zimmers, Extension Educator: Quarterly Report of Extension activities

9:45 a.m. – Dave Partsch, Co Attorney: Discussion and/or action RE: EPC Agreement and outstanding

medical bills with Bryan LGH; Go into executive session to discuss General Assistance Case

10: 00 a.m. – Discussion and/or action regarding miscellaneous road and bridge matters as listed below:

a) Review job descriptions proposed by Commissioner Lade for Road Department personnel

b) Report regarding removal of underground fuel tanks and purchasing a new system

c) Resolution 2009-12 to reorganize, set forth procedures and define responsibilities for the Road Department

d) 2007-2008 FEMA projects

e) Developing alternate route to OPPD Power Plant

f) Drainage Ditch on north, east and west sides of Talmage

11:00 a.m. – Board members will visit Duff Friendship Villa to examine the facilities and observe operations

Other business matters to address when time allows:

Discussion and/or action RE: Lease Purchase Agreement for acquiring a scanner/printer that can be shared

by the Register of Deeds and Surveyor

Steve Lade: Discussion and/or action RE: Report from March 18^th Safety Committee meeting

Executive session to discuss personnel matter(s)

Mileage and meal reimbursement for County Commissioners

Miscellaneous Correspondence and other matters that may come before the Board

At the end of this agenda item, the Commissioners will recess from their regular meeting, eat lunch and return to the Courthouse (District Courtroom) for an afternoon roundtable discussion at 1:00 p.m. This discussion will involve the elected and appointed officials of the county and will be regarding budgets and budget priorities for the next fiscal year.

Janene Bennett

Otoe County Clerk

The County Board reserves the right to go into executive session when and if 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 24, 2009

The Otoe County Board of Commissioners convened in regular session at 8:30 a.m. on March 24, 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, Commissioner Kreifels and Commissioner Freshman. None 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 Lade made a motion, seconded by Commissioner Crook to accept the agenda as posted. There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Nelsen, Lade, Crook, Kreifels and Freshman. Nay – none. Motion carried.

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

Commissioner Lade made a motion, seconded by Commissioner Kreifels to audit and sign payroll claims. There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Crook, Kreifels, Freshman, Nelsen and Lade. Nay – none. Motion carried.

Having reviewed the regular claims in advance of this meeting, Commissioner Kreifels made a motion, seconded by Commissioner Crook to approve payment of the regular claims. There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Kreifels, Freshman, 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.

County Surveyor, Dave Schmitz, said his scanned survey records were lost in 2007 when the main server overheated. Technicians tried to recover the data, but could not. He now has over 4200 drawings that he would like rescanned and archived. If GIS Workshop were to rewrite a program and rescan the documents it would cost approximately $29,000. As an option, he contacted Microfilm Imaging Systems to obtain a quote to see how much it would cost to lease/purchase a large format scanner. It would include a color printer, a stand and a laptop computer with a screen where the image can be viewed and verified as legible before saving the data. This setup would cost $468 per month to lease and includes maintenance. If purchased within a year, 80% of the rental fee would be applied toward purchase price. A one time installation and training fee was quoted as $850. Register of Deeds, Jan Reed, said after the surveys are scanned they would be stored in a server then integrated with her Deed Sifter program. Ms. Reed said they will be able to scan pages from historical deed books that were microfilmed several years ago, but have been found to be unreadable. These pages will then be stored in acid free boxes unbound since they can never be destroyed. To have these old books rebound would be very expensive and she thought this would be a feasible alternative. The Register of Deeds and Surveyor plan to split the cost between their two budgets. Commissioner Lade asked if this machine can be used to scan large maps and print color coded road maps. Commissioner Kreifels questioned whether this machine could be used by other offices after this project is complete. The reply was “yes”. Commissioner Lade made a motion, seconded by Commissioner Crook to accept the proposal as submitted by Microfilm Imaging Systems and to authorize the Chairman to sign the contract. It was further noted that after the first year, the County may renew the lease contract, purchase the machine or replace it with an upgraded scanner. In the past, individual offices have spent thousands of dollars for microfilming. The scanner should save money in the long run. There being no further discussion Chairman Nelsen called for a vote. Voting aye were Commissioners Freshman, Nelsen, Lade, Crook and Kreifels. Nay – none. Motion carried.

As Zoning Administrator, Schmitz said a public hearing had been scheduled to hear support or objections to the issuance of a Conditional Use Permit to Brandon Johnson for the construction of a 225’ x 85’ building on property located ½ mile north of St Joseph’s Church. Schmitz said Johnson originally stated the building was going to be used as a stable and riding arena. In accordance with the Open Ag Zoning Regulations, Johnson would need a Conditional Use Permit if it were used for this purpose. However, at the Planning Commission meeting on March 18^th, Joy Johnson, (representing Brandon) said primary use of the building will be to store farm equipment. The Planning Commission determined that the building was for private use and saw no reason to put restrictions on it. Therefore, no action is required by the Board today since the Planning Commission saw no need for Johnson to get a Conditional Use Permit.

Schmitz said terms will be expiring for three Planning Commission Members on March 31, 2009. He recommended the reappointment of Bill Behling, Daniel Hodges and Richard Warner to serve another 3 year term on the Planning Commission. Therefore, Commissioner Freshman made a motion, seconded by Commissioner Lade to reappoint Bill Behling, Daniel Hodges and Richard Warner to serve on the Otoe County Planning Commission; terms to expire March 31, 2012. There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Nelsen, Lade, Crook, Kreifels and Freshman. Nay – none. Motion carried.

Chairman Nelsen welcomed Syracuse FFA Students who came before the Board to present the pro and con issues of establishing wind farms. Tim Arkfeld, FFA Advisor, explained that the five students have chosen this forum topic to present at their State Convention. They are required to give the presentation to several public groups as part of the competition rules. The five members speaking were Zach Graham, Nathan Worm, Jake Hinrichsen, Garret Sand, and Landon Zimmer. Introduction: Farming the winds of Southeast Nebraska is a new concept for renewable energy and alternative income for farmers. The purpose of the forum is to present the pros and cons of the wind energy concept. Pros (advantages to wind farming) – A means to generate electricity in an environmentally safe way. Abundant resource that is clean, efficient, and available; No pollutants - Going Green concept; Positive cash flow; Saw no negative impact. People cannot continue to operate as usual; Strongly supported by the Audobon Society. Cons – Are massive turbines as good as they say? Studies show a measurable increase in carbon monoxide; Generate noise, vibrations and light flickers; Cause reception problems with radios, televisions, etc. What happens to excess electricity when too much wind? Contract to install turbines are between land owner and power company, yet land owner has no bargaining power or right to complain; Can tie up wind rights to land for up to 100 years; Decreases land and home value of nearby property. Proponent Conclusion – Wind is the most economical source of renewable energy. Wind farms provide additional income to land owners without any investment; Good for local economy. It’s a win-win situation for the farmer, consumer, and power company. Opponent Conclusion - The climate change is not as bad as people are led to believe. There needs to be more study to determine their profitability. When asked where they obtained their information, the students replied that most of their information came from websites, energy related literature and interviews with individuals who were for or against wind farms.

Doc Gigstad, representing Five Rivers RC & D, announced that the agency will be sponsoring a hazardous waste collection next month. In the past, a collection site was set up at the Nebraska City Road Shop so he came to ask permission to do the same this year. The event is scheduled for April 16, 2009 3:00 p.m. to 6:00 p.m. Five Rivers will be responsible for lining up volunteer help and advertising the event. They will be collecting used oil, but no batteries this time. Commissioner Crook said she will make arrangements to keep the shop open that day with a county employee on hand.

Joy Schroder came before the Board to express his concerns regarding the passage of LB5 whereby people will be allowed to trap on county road right of ways. However, he said as part of the provisions within the bill, counties have the ability to disallow trapping if they so choose. Schroder said he opposes trapping in county right of ways and displayed a variety of traps used that would be a danger to domestic animals as well as people who might be out for a walk. He said trapping is legal, but hunters need to be careful and follow regulations. James Cook and Ruth Dalton agreed – road right of way is no place for setting traps. Schroder said the traps could also hinder roadside mowing. He said that he has talked to many farmers and none of them are in favor of roadside trapping. Chairman Nelsen asked the County Attorney to draw up a resolution to ban trapping in the road right of ways of Otoe County. This item will be placed on the next agenda for more discussion and action.

Commissioner Lade said the Safety Committee met Wednesday, March 18th. He is checking into the cost of keyless entry at all the road shops and composing a safety manual they hope to adopt in the near future. He distributed a tentative safety meeting schedule to Board members. They intend to hold safety meetings twice a year with courthouse staff and twice with the road department. Commissioner Nelsen suggested that safety training for road employees be held on rainy days when weather prohibits them from roadwork. Commissioner Lade said it would be difficult to plan safety training without a definite date, especially if they plan to bring in an outside speaker. Commissioner Kreifels suggested that safety training be held at the beginning or at the end of the work day. Chairman Nelsen asked the Safety Committee to reconsider the proposed schedule for conducting safety training.

Steve Zimmers, Extension Educator, gave a quarterly report of his recent activities. Over 215 5^th graders attended the Annual Water Celebration in Peru this month. A Serve Safe Course was held in Nebraska City where food service operators could earn their certifications. Zimmers will be offering after school science and technology courses such as Global Positioning and Geo-caching. He invited Board members to check out the Extension Office’s new and improved website linked to information provided by UNL.

Dave Partsch, County Attorney, reported that he has been negotiating an agreement with a Bryan LGH attorney so that the County may be charged a reduced rate for Otoe County inmates or EPC clients admitted to the hospital. Currently, the County owes outstanding medical bills totaling over $61,700. The County has an interlocal agreement with Region V for EPC clients; however, when their contracted facilities are full, the clients are taken to Bryan LGH. Region V facilities accept Medicaid rates to calculate payment, but Bryan does not. Bryan’s attorney said their final offer for settlement was 75% of the total which is $46,276.84. They are willing to enter into an agreement for payment of future care at the same rate - 75% of the total cost; said contract would be renewable annually. A contract will be presented at the next meeting.

Chairman Nelsen called for a ten minute recess.

At 10:00 it was duly noted that all Commissioners were present and the meeting resumed.

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.

1) Job descriptions – By using the job titles that were proposed at previous meetings, Commissioner Lade wrote job descriptions for the road personnel. He emailed a draft to each Commissioner and County Attorney requesting their input. Attorney Partsch said it would be better not to list truck drivers and operators as separate categories. All workers who are not at the supervisory level should be described as laborers. All Board members agreed to the concept of creating job descriptions. Commissioner Kreifels felt it was important to add the phrase “and other duties as assigned” to cover undefined jobs. The descriptions will be presented to the Union before being adopted.

2) Fuel tanks - Steffensmeier said he has contacted two other companies soliciting a quote for the removal of the underground fuel tanks at the Nebraska City Shop and replacing them with above ground tanks. He plans to have three quotes for comparison by the next meeting. Steffensmeier said he also has quotes from contractors to divert water from the tanks and shop area. Commissioner Freshman suggested that we concentrate on tank removal first; then determine whether water diversion is needed.

3) Resolution 2009-12, Reorganization of Road Dept - Commissioner Lade made a motion, seconded by Commissioner Kreifels to adopt Resolution 2009-12 establishing a chain of supervision, defining responsibilities and setting forth procedures dealing with various issues. Chairman Nelsen opened up the proposal for discussion. Commissioner Lade questioned whether Lynn Denniston should be specifically named as lead supervisor within a resolution. County Attorney Partsch said that was not a problem; a name can be changed when circumstances change. Chairman Nelsen explained the resolution was written as a flow chart to define what is expected from the Road Dept and how various issues will be handled including property, personnel, road problems, work orders, written reports, finances and organization. Their goal is to create a safe work environment, to promote teamwork and to restructure the department for better efficiency. To achieve this goal some proposed changes include: Establish the following job matrix – 1 Highway Supt, 1 Lead Supervisor, 2 Crew Leaders and 20 Laborers; The creation of two construction crews; Redefining a ten blade road maintenance schedule; Working four 10 hour days May 1^st through October 31^st (the Nebraska City crew will work Monday through Thursday and the Syracuse crew will work Tuesday through Friday); Require written reports and work orders. After reading the four page document in its entirety, four changes were suggested – to change the term “employees” to “laborers” on page 1 and to correct three typographical errors. There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Lade, Crook, Kreifels, Freshman and Nelsen. Nay – none. Motion carried.

4) 2007 FEMA Projects – Steffensmeier prepared a report for each Commissioner detailing the cost and status of each project. The total cost for all projects was approximately $162,000. He said FEMA reimburses 75% of the total cost to the County and NEMA reimburses 12 ½ %. As projects are completed paperwork must be submitted for reimbursement. He still needs time sheets and photographs for some of the projects.

2008 FEMA Projects: Steffensmeier said reimbursement will be divided into 6 categories – Culverts (reset or replaced) - $81,332; Debris removal - $17,643; Ditching - $6,381; Erosion to embankments - $48,097. Low water crossings – Low water crossings - $13,794; Road rock - $21,487; Total of $188,735.

5) Alternative route to OPPD – A letter was received from OPPD regarding available

alternative routes to the power plant if the OPPD Highway would become inaccessible. The two other roads leading to the power plant are L Road (locally known as “Seven Sisters”) and Minersville Road. Both would cost a considerable amount of money to widen and replace bridges. Commissioner Crook said this request was not a priority and it didn’t need to be dealt with at this time.

6) Drainage Ditch around Talmage - Scott Nelson with the Nemaha NRD, conducted a study of a Drainage District that was established in 1909 who constructed a Drainage Lateral on the north, east and west sides of Talmage in 1912. The District dissolved in 1959 and no other public entity assumed ownership. With drainage problems now occurring, there is a question of who is obligated to operate and maintain the Lateral. The NRD offered to work with private landowners and governmental entities to resolve the drainage problem. Commissioner Nelsen said he will continue discussion with the NRD at a later date.

7) Miscellaneous – Steffensmeier was questioned as to whether he initiated the paperwork to have the road classification changed from Minimum Maintenance to Local Road Status on N 22^nd Rd north of Unadilla and M Rd west of S 62^nd Rd. His reply was “no”. James Cook questioned the procedure for purchasing right of way for road/bridge projects. Steffensmeier outlined several steps for getting a project started – A construction plan must be designed and approved; Corps permits and utility agreements must be acquired as needed; NEPA documents must be approved. Negotiating for purchase of right of way is one of the final steps. Only about $9,000,000 will be distributed to Nebraska counties as part of the Obama Stimulus Package. None of the federal aid bridges submitted by Otoe County are considered “shovel ready” so Otoe County won’t be receiving any stimulus funding.

Commissioner Crook drafted a policy setting forth guidelines when Commissioners request reimbursement for mileage and meals. It stated that mileage should be reimbursed to Commissioners for attending legislative activities or meetings requiring county representation. However, with county vehicles available to every Commissioner, they should use a county vehicle when inspecting roads or driving to the Courthouse. She suggested parking a vehicle at the Douglas Shop for use by Commissioner Lade. Commissioner Lade cited State Statute 23-153 stating “when traveling to and from any county board meeting, members of the county board may be reimbursed for mileage at the rate set by the Nebraska Dept of Administrative Services. He prepared a chart comparing the cost to provide him with a vehicle versus paying him mileage. It indicated it would cost the County over $6,000 a year to purchase, insure, and supply fuel for a four wheel drive vehicles and about $3,400 per year to reimburse him for mileage using 500 miles per month average. Commissioner Freshman suggested a compromise – provide him with a car that could be used when the weather is good; when the weather is bad, reimburse him for using his pickup. Regarding meals – Commissioners will be reimbursed for meals when attending functions outside of the county, but will not reimbursed for meals when the meal is included in the cost of the conference. If a business meeting is held locally during mealtime, the meal may be reimbursed as long as the business meal has a stated business purpose. Reimbursements shall not exceed $9.00 each for breakfast or lunch or $25.00 for dinner. Commissioner Crook made a motion, seconded by Commissioner Freshman to adopt the mileage and meal reimbursement policy as proposed. Chairman Nelsen suggested transferring the 2004 Durango to Commissioner Lade’s residence for his use when conducting county business. There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Crook, Kreifels, Freshman and Nelsen. Nay – Commissioner Lade. Motion carried.

At 11:17 a.m. Commissioner Nelsen made a motion, seconded by Commissioner Kreifels to go into to executive session to discuss a general assistance case with Marv Pesek, the General Assistance Administrator and County Attorney, Dave Partsch. Voting aye were Commissioners Kreifels, Freshman, Nelsen, Lade and Crook. Nay – none. Motion carried. Due to HIPPA regulations, personal and medical information cannot be disclosed in public session.

At 11:25 a.m. Commissioner Nelsen made a motion, seconded by Commissioner Kreifels to go back into regular session. Voting aye were Commissioners Freshman, Nelsen, Lade, Crook and Kreifels. Nay – none. Motion carried. No action was taken while in executive session.

Board members were given copies of letters Steffensmeier wrote and sent to two road workers reprimanding them for not using safety precautions while performing road work. He recommended that they be suspended without pay for several days. The two workers, Duane Hopp and John Bebout, were present and requested not to go into executive session. The letter addressed to Mr. Hopp stated: On March 18^th Steffensmeier noticed that Duane Hopp was operating a motor grader without proper lighting. He called Hopp on the radio and asked him to turn on his beacon lights and flashers. At first there was no response, but he finally turned them on. In defense, Hopp said he understood Steffensmeier to be calling “Unit 7”; he did not realize he was calling “Unit 57” so he did not reply right away. He said his machine was worked on while he was gone and the lights must have been turned off although he was not aware of this. He thought his beacon was on because he never turns it off. He said he immediately turned them on as he was told, but admitted he should have checked the lights to ensure that they were working before leaving the shop that day. Steffensmeier said he was told disrespectful comments were made in the lunch room after the incident, but they are now being denied. Commissioner Lade recommended no action at this time. Commissioner Freshman added that this back and forth bickering will not be tolerated. The letter will be filed in Hopp’s personnel file.

In the letter addressed to John Bebout, Steffensmeier said he witnessed John Bebout shoving rip rap off the road without setting up any barricades or warning devices. When he approached Bebout to question him, Bebout just walked away. Bebout said he thought there was enough site distance and he wasn’t going to be there over 2 – 3 minutes so he decided not to put out barricades. He could see traffic both ways and used his mirrors. In the meantime, Bebout talked to Lynn Denniston, the Lead Supervisor, who told him he probably should put something up. Steffensmeier didn’t notify Denniston or Pohlman of the incident until later in the afternoon. Steffensmeier was told that from now on, he should report incidents directly to Denniston who will be responsible for handling the situation. Attorney Partsch said these types of incidents need to be documented and this letter should be placed in Bebout’s personnel file.

At 11:47 a.m. Commissioner Nelsen made a motion, seconded by Commissioner Freshman to go into executive session to discuss a personnel issue with the County Attorney and Highway Superintendent while protecting the reputation of a county employee. Voting aye were Commissioners Lade, Crook, Kreifels, Freshman and Nelsen. Nay – none. Motion carried.

At 12:11 p.m. Commissioner Nelsen made a motion, seconded by Commissioner Kreifels to go back into regular session. Voting aye were Commissioners Crook, Kreifels, Freshman, Nelsen and Lade. Nay – none. Motion carried. No action was taken while in executive session.

At this time Chairman Nelsen recessed from regular session to take a tour of Duff’s Friendship Villa. At 1:00 p.m. the Board met with elected officials and department heads to have a roundtable discussion regarding budget priorities for the next fiscal year. They also made suggestions for cost savings and possible sources of revenue.

There being no further business to come before the Board at this time, and since all items on the agenda have been disposed of, Chairman Nelsen declared this meeting adjourned at 2:30 p.m. The next regular meeting will be held on April 14, 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 24^th day of March 2009.

Janene Bennett

Otoe County Clerk