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 27, 2007, in the County Courtroom (108) of the Otoe County Courthouse.  The meeting will be open to the public.  An agenda for each meeting is kept continuously current, and is available for public inspection at the office of the County Clerk at the Courthouse, but the agenda may be modified at such meetings to include items of an emergency nature only.

 

AGENDA OF THE NEXT MEETING                                          MARCH 27, 2007

        

         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 / Zoning Matters:

1) Preliminary Plat for Westfield Estates Subdivision located in part of N ½ SW ¼ 10-8-12

     (Mike Eckert, Civil Design Group)

2) E Griepenstroh Subd located in SW ¼ SE ¼ 3-8-13 (Mary Dexter, Derrick/Gretchen Griepenstroh)

                        3) Baker Schoolhouse Subd located in NW /14 NW ¼ 16-8-13 (Reese Farms)                                                                                   

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

a)      Discussion and/or action RE:  Tires for equipment

b)      Discussion and/or action RE:  Bridge -  Scour critical plan of action for NDOR

c)      Discussion and/or action RE:  County shops

d)      Discussion and/or action RE:  Ad for hiring bridge employee in April

e)      Discussion and/or action RE:  Safety committee – Board appointment

f)        Discussion and/or action RE:  Miscellaneous

g)               

        10:00 a.m. – Open Bids: Lawn Care Service for Courthouse and DHHS

 

        10:15 a.m. – Patrick Damm, OPPD: Discussion and/or action RE: Power Line Easement

 

        10:30 a.m. – Jan Reed, Register of Deeds: Discussion and/or action RE: Arbor Day as a Holiday

 

        10:45 a.m. – Gregg Goebel, EMA: Safety Committee Report

      Discussion and/or action RE: Proposal for “Spotters Plan”

      Discussion and/or action RE: Emergency Management Performance Grant

      Discussion and/or action RE: Severe Weather Awareness Week – Tornado Drill April 4th 

 

        11:00 a.m. – Extension Office Monthly Report

 

          1:00 p.m. – Conduct interviews for position of Zoning Administrator

                     

Other business matters to address when time allows:

                    Marv Pesek – Discussion and/or action RE: GA applications and cases

                   Andrea Walters, Assessor: Tax list correction(s)

                    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 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 27, 2007

 

The Otoe County Board of Commissioners convened in regular session at 8:30 a.m. on March 27, 2007 to audit and sign payroll claims and regular claims and to take care of such other matters as are on the agenda for this meeting.  This meeting was open to the Public, and the agenda was kept current, and is on file for public inspection at the office of the Otoe County Clerk during regular business hours.

 

The meeting was called to order by the Chairman of the Board Joy W Schroder. Answering present at roll call were Commissioner Schroder, Commissioner Thummel and Commissioner Haverty.

 

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

 

Commissioner Haverty made a motion, seconded by Commissioner Thummel to accept the minutes from the previous meeting as mailed to them and not have them read. Voting – Commissioners Thummel, aye; Haverty, aye; Schroder, aye. Motion carried.

 

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

 

Chairman Schroder informed the pubic 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 while present in the meeting room.

 

Interim Zoning Administrator, Dave Schmitz, said three public hearings had been scheduled to consider at the Planning Commission meeting last Thursday; however one was tabled. He explained that Mike Eckert, representing the Civil Design Group, had appeared before the Planning Commission and asked for a deferral of his request for a preliminary plat hearing involving Westfield Estates Subdivision, a 53.38 acre tract located in part of the N ½ SW ¼ 10-8-12. Eckert informed the Commission that there has been a delay in getting the plat finalized due to issues with the Rural Water District. He was told there is only one water hook-up available, so the developer is re-evaluating the plan and may have to downsize the number of buildable lots. Commissioner Haverty said he is going to meet with the Rural Water Board in an effort to convince its members that they should provide more water lines. It’s not a matter of water shortage; it’s a matter of getting the water distributed. Schmitz noted this is an area that has a lot to offer for multiple housing. Commissioner Haverty made a motion, seconded by Commissioner Thummel to table the public hearing to consider approval of a plat for Westfield Estates Subdivision until action is taken by the County Planning Commission. Voting -- Commissioners Schroder, aye; Thummel, aye; Haverty, aye. Motion carried.

 

Regarding E. Griepenstroh Subdivision located in the SW ¼ SE ¼ 3-8-13: This is an existing farmstead of 3.04 acres with an address of 5501 H Rd. It has a new septic system and is presently being rented with the option to buy. The plat was approved at the Planning Commission meeting on March 16th. Commissioner Haverty made a motion, seconded by Commissioner Thummel to authorize Chairman Schroder to sign the plat map for E. Griepenstroh Subdivision located in the SW ¼ of the SE ¼ S3-T8-R13 as requested by Mary Dexter, Derrick Griepenstroh and Gretchen Griepenstroh. Voting – Commissioners Thummel, aye; Haverty, aye; Schroder, aye. Motion carried.

 

Baker Schoolhouse Subdivision located in the NW ¼ NW ¼ 16-8-13: The old schoolhouse has been vacant for years, but now someone is interested in purchasing it. Scott Harpster, a real estate broker, said his client plans to add on to the existing structure and create a single family ranch style home. The school was hooked into the rural water system several years ago, but was disconnected after the school closed. Harpster said he has talked with five of the seven Rural Water Board members who agreed they would take action to approve a “re-hookup” at their next meeting. The subdivision was approved at the March 16th Planning Commission meeting contingent upon documentation stating water will be accessible. Commissioner Haverty made a motion, seconded by Commissioner Thummel to authorize Chairman Schroder to sign the plat map for Baker Schoolhouse Subdivision located in the NW ¼ NW ¼ S16-T8-R13 as requested by Reese Farms Company, Joy Reese President. Voting – Commissioners Haverty, aye; Schroder, aye; Thummel, aye. Motion carried.

 

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

 

Steffensmeier said he advertised for quotes to purchase new motor grader tires. He was not satisfied with the prices received, so he is soliciting additional quotes. Bridgestone tires run between $800 and $970 each; price includes delivery, but the men must mount them. Lincoln Graham Tire charges $350 to recap a tire. Pohlman said when they had some tires recapped several years ago, they had trouble with the sidewalls splitting; they also created a bounce driving down the road as the speed was increased. The Board suggested purchasing 4 recaps and to purchase the other new tires from the vendor with the best deal.

 

The NDOR sent a letter to the County requesting a scour evaluation of 96 designated bridges. The piers of these bridges show water marks above the normal flow and need to be checked for damage and deterioration. Steffensmeier said he must submit pictures and a POA (Plan of Action) by August 1st, determining how he intends to monitor and/or repair these bridges.

 

Steffensmeier said he plans to meet with the manager of Midwest Farmers Co-op on Thursday morning to discuss the possibility of the County purchasing some property from the Co-op that is located in the Village of Otoe. As reported at a previous meeting, the Otoe Road Shop either needs to be repaired or replaced which may necessitate an easement or purchase of a small piece of property from the Co-op. In regards to the Road Shop in Syracuse – WHS Construction will be looking at the roof and give options and estimates for repairing it.

 

Steffensmeier said he would like to start advertising for a bridge employee during the month of April. By the time he interviews applicants in May and offers the job to someone, it could be June or July before the new hire would begin working. Chairman Schroder denied his request and asked that he wait until the new budget year before advertising. Bridge Foreman Denniston said he will continue to do the work with three men; he just can’t get as much done as he would like. If a critical situation arises, he can borrow manpower from the other two road crews.

 

Steffensmeier said the Safety Committee needs a Commissioner to serve as one of its members. Commissioner Haverty volunteered with Commissioner Thummel agreeing to be an alternate.

 

Steffensmeier received an extension for the Corp Permit on Bridge Project BRO-7066(32) and he is now able to acquire right-of-way for Bridge #22210 on Road K between Roads 32 & 34.

 

Bridge #14130 north of B-40 is in very poor condition. The 30’ span bridge was built with undersized beams that are widely spaced. It currently carries an 8 ton rating, but expects the NDOR will lower it after the bridge report is reviewed. He doesn’t feel it is safe for more than a 3 ton rating and it definitely needs some attention.

 

Steffensmeier spoke with Gary Prey from the NDOR regarding driveway access to old Hwy 2 from a new development located east of the Nutcracker. Mr. Prey said NDOR will accept whatever conditions the County negotiates with the developer, but the NDOR must have these plans in their files before they will allow the access to be moved since it is in a controlled access area.

 

Steffensmeier asked the Board if they had a plan for equipment replacement. Commissioner Haverty said the County has already spent a lot of money to make extensive repairs to one of the motor graders. Commissioner Schroder said they usually try to purchase at least one new grader every year. The purchase price for a new grader is approximately $200,000 or $150,000 for a used one. Steffensmeier said the County needs to look at purchasing a new pup trailer and dump box & hoist for the truck driven by Carl Dalton. The old one is so worn that it would cost almost as much to fix it up as it would to buy a new one. Steffensmeier was instructed to put some specs together with options – one with a pup trailer (new or used) and one for a complete unit – dump truck and trailer (new or used).

 

At last check, Engineer Dale Smith is working on design changes for the Washington Street project in the Village of Douglas. Once finalized, NDOR will notify the County to proceed with right-of-way acquirement.

 

Other business matters were addressed at this time.

 

Andrea Walters, County Assessor presented the following tax list corrections: 1) Peter & Nancy Lutz – add $802.64 to parcel #004913000 and deduct $1072.42 from parcel #00405800 - homestead exemption was placed on rental property rather than their residence. 2) Steven & Donna Walters – deduct $493.78 – to correct a clerical error; a garage was listed on two parcels and being taxed twice. Commissioner Haverty made a motion, seconded by Commissioner Thummel to accept the tax list corrections as presented. Voting -- Commissioners Schroder, aye; Thummel, aye; Haverty, aye. Motion carried.

 

At 9:47 a.m. Commissioner Thummel made a motion, seconded by Commissioner Haverty to go into executive session to discuss general assistance cases with Marv Pesek, the Otoe County GA Administrator. Voting – Commissioners Thummel, aye; Haverty, aye; Schroder, aye. Motion carried. In accordance with HIPAA regulations, any protected health information must not be disclosed in open session.

 

At 9:51 a.m. Commissioner Haverty made a motion, seconded by Commissioner Thummel to come out of executive session and return to regular session. Voting – Commissioners Haverty, aye; Schroder, aye; Thummel, aye. Motion carried. No action was taken while in executive session.

 

As advertised, the following bids were opened at 10:00 a.m. regarding lawn care service at the Courthouse and Department of Health and Human Services. Courthouse lawn: Lind Lawn Care, Nebraska City - Fertilizing: $175 per application with a 5 step program recommendation; Mowing: $85 per cutting to be done weekly during growing season; Aeration: $175; Power raking and clean-up: $250. James and Anthony Nemec, Nebraska City - Fertilizing: $750 per season that includes 5 applications; Mowing: $85 per cutting. DHHS lawn – Lind Lawn Care - $40 per man hour to trim bushes; mow the yard and perform other services as requested. James and Anthony Nemec - $30 per mowing; $60 to trim shrubbery. Commissioner Haverty said Lind Lawn Care did it last year and did a good job; it is difficult to compare the 2 bids as submitted. Commissioner Haverty made a motion, seconded by Commissioner Thummel to award the bid to Lind Lawn Care with the stipulation that Mr. Lind should check with Commissioners Thummel or Haverty before applying fertilizer or performing any other service such as power raking or aerating. Voting -- Commissioners Schroder, aye; Thummel, aye; Haverty, aye. Motion carried.

 

Patrick Damme, representing OPPD, provided an aerial map depicting the boundary lines of a proposed easement that the County must agree upon before OPPD can install the new power line along road right-of-way. He also had a copy of the easement document. As proposed, the easement would be 17’ wide and run between the frontage road and Highway 2. There would be one pole installed within the area owned by the County, but it will actually be located on state ROW. The easement is mostly for wire swing; OPPD will also need to have access to work on the pole and lines if necessary. The overhead wire will be at least 35’ above ground. Damme said the line crew will start to install the new line just outside of Unadilla next week and travel eastward. Commissioner Schroder felt some of the wording in the easement document was not well defined - such as “ingress or egress from county property within reason”. Commissioner Haverty suggested increasing the size of the easement; then restricting OPPD to activities within the boundary lines of the easement. Damme said an appraiser valued the land at $8500 per acre. This proposed easement encompassed .36 acres resulting in a value of $3060; plus each owner is being offered an additional $1000 for voluntary signing. The total amount being offered to Otoe County is $4,060. Commissioner Haverty made a motion, seconded by Commissioner Thummel to table signing the proposed easement as it was presented and to have the County Attorney review a new easement after it is re-written to ensure that the easement area will be widened and that OPPD’s activities will be restricted within the easement area. Voting – Commissioners Thummel, aye; Haverty, aye; Schroder, aye. Motion carried.

 

Jan Reed, Register of Deeds, came before the Board because she feels there has been a lack of communication within the building regarding the Arbor Day Holiday. She said a survey was done last year, but she was not aware at the time that the courts would have to be closed even though the Courthouse itself would be open. She was concerned that if abstracters came in to do research, they would not be able to visit the courts - putting her in an awkward position. She said she feels the personnel policy should have been amended to reflect the change that Arbor Day would no longer be observed by all of the offices in the courthouse. She also said no one has changed the signs on the entrance doors which indicate that the building will be closed. She said she doesn’t have time to read the minutes from the Board meetings, but feels she must start attending the meetings to keep informed. Janis Riege, Clerk of District Court, asked that the Board give notice of changes right away that affect them. She said she is very busy and doesn’t have time to attend meetings and read the minutes. She noted that the last day of April is on a Monday this year and it won’t land on a Friday until 2010. Jackie Smith, County Treasurer, said as she recalls, notification was made; she went to all the offices to let them know the outcome the same day the motion was made to keep the courthouse open. She said she spent a lot of time taking the surveys and getting information on how it would affect everyone, including contact with the court administrator. If the Board thinks they want to consider reversing the decision, they need to take some time in getting all the facts. Ms. Reed said she polled people on the second floor and no one remembered being contacted. Ms. Reed said she has no problem with serving the public, but taxpayers know when taxes are due and it’s the same time every year; they already have enough choices. Ms Riege said only 7 times within the next 20 years will the last day of April land on a Friday. Commissioner Haverty said they are going to abide by the motion made last July and the County will run an advertisement listing which offices will be closed and which ones will be open.

 

As the Safety Committee Chairman, Gregg Goebel gave the following Safety Committee Report: 22 men from the road department have signed up for CPR classes. They will try to schedule them on a rain day. A safety harness has been ordered for the janitor. New cigarette stations will be installed outside entrance doors of the courthouse for people to use when putting out a cigarette before entering the building. The Committee recommends that “No Concealed Weapons” signs be posted on the entrance doors. Commissioner Haverty said he sees no need for the signs; it is already written in statute. Goebel has asked each road shop to write and post a plan of action in case of a storm. He is in the process of making identification cards for each county employee that will include their picture on the keyless entry pass card.

 

As Emergency Management Director, Goebel presented an Otoe County Severe Weather Plan outlining each department’s responsibility to alert vital persons and organizations within the County in the event of severe weather.  Each agency is in control of its own personnel, but as the Emergency Management Director, it is his responsibility to assist the Sheriff in maintaining a unified command during a severe weather event.  

 

Goebel announced that April 2 through April 6 is Severe Weather Awareness Week. A mock tornado drill is scheduled between 10:00 a.m. and 10:15 a.m. on April 4th. He has sent fliers to each county official, asking them to discuss a plan of action with their office employees. Due to the renovation being done, he doesn’t expect the employees to go to the basement as they would in a real situation.

 

Finally, Goebel noted that he has completed and will be submitting an application for an FY 2007 Emergency Management Performance Grant (EMPG) in the amount of $32,900. He said the County usually receives about half of the request. Commissioner Haverty made a motion, seconded by Commissioner Thummel to approve the grant application as submitted and to authorize Mr. Goebel to submit it to the Nebraska Emergency Management Agency. Voting – Commissioners Haverty, aye; Schroder, aye; Thummel, aye. Motion carried.

 

Steve Zimmers, Extension Educator, gave his monthly report. Four people from Otoe County attended the VIP day sponsored by the Institute of Agriculture and Natural Resources (IANR) located at the UNL east campus. While there, they learned about many experimental projects being conducted by the University. A Water Celebration Environmental Day was held at the Peru State College last week. 185 fifth grade students and teachers participated, learning how to take care of the environment and its natural resources. In April, they will be conducting a “Serve Safe Seminar” for those people that work in a food handling business and need to be certified.  The Extension Board met Monday evening. They will be distributing surveys in an effort to find out what subject matter people would like to have addressed in upcoming programs. Over 70 producers participated in the Marketing and Risk Management program earlier this year. “Preparing for the Next Age” is a pre-retirement workshop series being co-sponsored by Otoe County Bank and Nebraska Extension. The 4 part series will begin on April 30th and will be held in the bank’s Friendship Room. More information may be obtained from Otoe County Bank or the Extension Office.

 

Chairman Schroder announced that Board members would be visiting the jail facility over the noon hour to fulfill the requirement of State Statute 47-109. They will be served the same lunch that is being served to the inmates. At 11:38 p.m. Chairman Schroder called for a recess until 1:00 p.m. at which time they will begin the interviewing process for the position of Zoning Administrator.

 

At 12:58 p.m. Chairman Schroder reconvened the Board in regular session. Answering present at roll call were Commissioner Schroder, Commissioner Thummel and Commissioner Haverty.

 

At 12:59 p.m. Commissioner Haverty made a motion, seconded by Commissioner Thummel to go into executive session to conduct interviews with the final three candidates who applied for the position of Zoning Administrator. Voting -- Commissioners Schroder, aye; Thummel, aye; Haverty, aye. Motion carried.

 

At this time, the County Clerk was dismissed and will be called back after the interviews are completed.

 

At 2:37 p.m. the County Clerk was called back into the meeting room. Commissioner Haverty made a motion, seconded by Commissioner Thummel to come out of executive session and go back into regular session. Voting – Commissioners Thummel, aye; Haverty, aye; Schroder, aye. Motion carried. No action was taken while in executive session.

 

Commissioner Haverty made a motion, seconded by Commissioner Thummel to contract with Schmitz Land Surveying Inc to perform the services of the Otoe County Zoning Administrator and to have a business contract drawn up by the County Attorney. Voting – Commissioners Haverty, aye; Schroder, aye; Thummel, 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, Commissioner Haverty made a motion, seconded by Commissioner Thummel to declare this meeting adjourned, until the next one, which will be on April 10, 2007.

 

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 27th day of March 2007.

 

 

Janene Bennett

Otoe County Clerk