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 April 8, 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                                       April 8, 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. – Tim Nelson, Public Defender: Discussion and/or action RE: Defense Attorney Insurance

 

9:00 a.m. – Open Bids for Truck Chassis

 

9:00 a.m. – Public Auction: Sale of County owned property located in the NW Section Corner of S22-T8-R11.

                                  Said auction conducted by County Attorney outside the County Courtroom (108)

 

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

a)      Discussion and/or action RE: Contract for overlay project on C Rd between Rds 3 and 6

b)      End of probationary period for new road employee

c)      Discussion and/or action RE: Additional engineering inspection fees for Palmyra SE Bridge

Project – Bridge #70625

d)      Discussion and/or action RE: Interlocal agreement between County and Villages for

Services rendered                  

e)      Miscellaneous

 

10:00 a.m. – Julie Micek, Probation Coordinator: Introduction and review of the Probation Reporting Center

 

10:15 a.m. – Pat Haverty, RCEDC Director: Quarterly report

 

10:30 a.m. – Steve Zimmers: Extension Office quarterly report

 

10:45 a.m. – Discussion and/or action RE: Abandoned Cemetery Policy

 

 11:00 a.m. - Commissioners will go into executive session to discuss contract negotiations with Duff Nursing    

                      Home Administrator, Roy Schneider

 

       Other business matters to address when time allows:

            Jackie Smith, Co Treasurer: Discussion and/or action RE: Tax refund(s) and Pledged Security(s)

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

           Discussion and/or action RE: Observance of National Day of Prayer to be held May 1, 2008

            Discussion and/or action to sign the Interlocal Agreement with Nemaha NRD for developing an

            All Hazard Mitigation Plan in Otoe, Johnson, Nemaha, Pawnee and Richardson counties

           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.

 

 

 

April 8, 2008

 

The Otoe County Board of Commissioners convened in regular session at 8:30 a.m. on April 8, 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.

 

Tim Nelsen, Otoe County Public Defender, came before the Board to discuss the matter of defense attorney’s insurance. After examining the County’s insurance policy, Commissioner Haverty questioned why Mr. Nelsen was not covered by the County’s insurance and why he carried a separate policy. Nelsen explained that the position of Public Defender can be an elected position or appointed. In Otoe County it is an elected position. However, State Statute specifies that a public defender’s position is not under the jurisdiction of the County and therefore cannot be covered under the County’s liability insurance. Joe Miller, the County’s Insurance Agent, felt Nelsen should increase his coverage from $500,000 to $1,000,000. Nelsen said he didn’t see a need to raise the limit (and pay double the premium) since defense attorneys are not as susceptible to law suits as a prosecuting attorney. He also checked with the Public Defenders Association who recommended a $500,000 policy.  Commissioner Schroder made a motion, seconded by Commissioner Haverty to direct Public Defender, Tim Nelsen, to retain his $500,000 liability policy as recommended by the Public Defender’s Association.  Voting- Commissioners Schroder, aye; Haverty, aye. Motion carried.

 

Other business matters were addressed.

 

Therese Trombino, Deputy County Assessor, presented two list corrections. 1) Village of Burr – deduct $40.18 – Parcel was sold prior to levy date and should be exempt. 2) OPPD – deduct $5,950.15 - in lieu of tax payment. 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, requested the release of a matured pledged security with Arbor Bank of Nebraska City, in the amount of $750,000 and replacing it with securities in the aggregate amount of $760,000. Commissioner Schroder made a motion, seconded by Commissioner Haverty to adopt Resolutions 2008-14 and 2008-15 approving said transactions. Voting – Commissioners Schroder, aye; Haverty, aye. Motion carried.

 

Commissioner Schroder made a motion, seconded by Commissioner Haverty to issue a tax refund to Joyce Neemann in the amount of $19.48 as the result of an assessment error.  Voting – Commissioners Haverty, aye; Schroder, aye. Motion carried.

 

Norman Anderson, Pastor of the Calvary Community Church, made a written request to conduct a brief ceremony on the north steps of the Courthouse from Noon to 1:00 p.m. on Thursday, May 1st in observance of the Annual National Day of Prayer.  Commissioner Schroder made a motion, seconded by Commissioner Haverty to grant Pastor Anderson permission to meet on the north steps between Noon and 1:00 p.m. on May 1st in observance of the National Day of Prayer. Voting- Commissioners Schroder, aye; Haverty, aye. Motion carried.

 

At the March 11, 2008, County Board meeting, the Commissioners approved a draft copy of an Interlocal Agreement between the five southeast counties of Nebraska (Otoe, Nemaha, Johnson, Richardson and Pawnee) and the Nemaha NRD. By entering into the Agreement, the NRD agrees to be the sponsoring partner for administering and developing an All Hazard Mitigation Plan in accordance to standards set forth by FEMA. The estimated cost to develop the plan is $167,700; Otoe County’s share will be $7,700. Without an adopted plan, counties will not be eligible for FEMA disaster funding. Dave Partsch, County Attorney, said he reviewed the document and approved it as to legal form.  Commissioner Schroder made a motion, seconded by Commissioner Haverty to authorize the Chairman to sign the Interlocal Agreement between the Nemaha NRD and the five southeast counties of Nebraska listed above, accepting its terms and conditions for the development and administration of an All Hazard Mitigation Plan. Voting – Commissioners Haverty, aye; Schroder, aye. Motion carried.

 

Marv Pesek reported that he had no general assistance cases or applications for discussion.

 

At 9:00 a.m. County Attorney, Dave Partsch, conducted a public auction outside of the County Courtroom offering the following county owned property for sale: a 1 acre parcel located in the NW Section Corner of S22-T8-R11. After a short while, he reported a bid of $2,500 to the County Board.  Commissioner Schroder made a motion, seconded by Commissioner Haverty to accept the bid offered by the high bidders, Ron Ehmen and Joe Sand (tenants in common) in the amount of $2,500. Voting – Commissioners Schroder, aye; Haverty, aye. Motion carried. County Attorney Partsh will prepare a County Commissioners Deed, conveying said property to the new owners.

 

 

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

 

Three bids were opened and publicly read for the purchase of a 1 ton heavy duty truck, dually chassis with 4 wheel drive.

       Vendor                                                    Description                    Amount           Delivery Date

Larson Motors, Nebraska City         Chevrolet 3500 model            $23,349            None given

Meyer-Earp, Auburn                            Chevrolet 3500 model         $23,590             None given

Copple Chevrolet, Louisville               Chevrolet 3500 model         $25,199             None given

Steffensmeier said he would like to review the bids and return a recommendation later this morning.

 

At the March 11, 2008, meeting Pavers Inc was awarded the bid to do the overlay project on C Rd near Woodland Hills Development. Today, Steffensmeier presented a contract specifying the terms and conditions for this project. Commissioner Schroder made a motion, seconded by Commissioner Haverty to authorize the Chairman to sign the contract with Pavers Inc agreeing to its terms and conditions, including payment in the amount of $170,103.96, and to sign any change orders for this project not to exceed $5000. Voting – Commissioners Haverty, aye; Schroder, aye. Motion carried. Steffensmeier said Mainelli Wagner will monitor the engineering inspections for this project.

 

Steffensmeier said the probationary period for Matt Watkins will end April 15th. He recommended that Watkins be placed on a permanent full time status noting that he was talented and knowledgeable; he considered him a benefit to the bridge crew. Foreman Denniston added that Watkins is a self-motivated worker; he sees what needs to be done then does it. Commissioner Haverty made a motion, seconded by Commissioner Schroder to promote Matt Watkins to permanent full time status effective April 15, 2008. Voting – Commissioners Schroder, aye; Haverty, aye. Motion carried.

 

Regarding Bridge Project BRO-7066(25) Palmyra SE: Inspection engineer, Mark Mainelli has submitted a billing for additional services involved in this project. He said he had to design several change orders that he deemed necessary to strengthen the construction of the bridge, including the addition of tie rods to the wings and a re-design for larger culvert pipes and headwalls. The amount submitted was $18,520.11. Steffensmeier said the County will be responsible for 15% of that total (about $2,778) and the rest will be paid by federal funding. Commissioner Schroder made a motion, seconded by Commissioner Haverty to approve the billing submitted by Mainelli Wagner in the amount of $18,520.11 for additional engineering services involving Bridge Project BRO-7066(25). Voting – Haverty, aye; Schroder, aye. Motion carried.

 

Steffensmeier presented a generic interlocal agreement form that may be used when a Village makes a request to the County to haul rock or perform motor grader work in the alleys or streets of a Village. The County may charge a nominal fee for the service or work out an exchange of service with the Village. If the Village prefers an exchange of service, then the Village will need to draw up a separate agreement specifying what service they will provide to the County. Thad Thomson, Maintenance Supervisor from Palmyra, said they have a current agreement with the County whereby he cleans off snow and mows weeds/grass around the County’s Road Shop in exchange for the County to haul rock for the Village. Commissioner Schroder questioned whether Villages could provide water to the shops as an exchange of service (which amounts to $20 - $30 per month.) But someone would have to figure the “per load” cost of hauling rock and determine if this would be a fair exchange.  Steffensmeier said, by statute, there must be a written agreement between a political subdivision and the County before the County can provide a service to the political subdivision. Each agreement should be approved independently. Today, he is just asking for the Board to approve the format of the interlocal agreement. Commissioner Schroder made a motion, seconded by Commissioner Haverty to approve the generic interlocal agreement form as presented; said form will be used to set forth terms and/or fees when services are requested by a Village. Voting – Commissioners Schroder, aye; Haverty, aye. Motion carried.

 

There was some discussion to build an office area for the foreman in the Syracuse Shop. Steffensmeier estimated the cost at $1900 which included materials and labor for a 10x12 area. He said the old office space would be converted to a break room and the loft (which is the current break area) will be used as storage. Commissioner Haverty said the building maintenance and construction lines are over budget already. Commissioner Schroder noted the County could save money if the County purchased the materials and the Road Crew worked on it when the weather was not favorable for outdoor work. Steffensmeier said he plans to acquire computers for each foreman, so they will need a climate controlled office area. Equipment manufactures are replacing parts and maintenance manuals with CDs that contain that information. The computers will also be used to record data and process reports. Steffensmeier said his overall budget is looking good. What he has saved in other budget lines can be used to pay for the construction materials.

 

Correspondence: An invitation was received from Environmental Resources Management soliciting comments on historic properties that will be impacted by a proposed telecommunications tower being placed in the SW ¼ of the SE ¼ S21-T7-R10 north of Burr. Commissioner Haverty asked the Clerk to put this item on the agenda for the next meeting to hear public comment. She will contact the agency and invite a representative to attend the meeting to answer questions.

 

Jody York, Chief Probation Officer for District 5, introduced two new staff members and gave a progress report of the Day Reporting Center located in the basement of the Courthouse. She said District 5 encompasses three counties - Sarpy, Cass and Otoe. Recently, two new staff members, Jennifer Reynolds and Julie Micek, were hired to work with probationers in all three counties. Ms. York noted that the former Intensive Probation System has now been incorporated into the traditional system. They have increased utilization of the facilities in this building by adding more programs. Consultation for offenders and GED classes are offered in the evenings. They are conducting more drug testing during the week; the Extension Office has provided materials for budgeting and credit score classes; they are working with the Work Force Development Office to help offenders find jobs and teach them how to write resumes and prepare for interviews. There were 155 participants last month who benefited from the various programs. They also try to get probationers involved in community service – some mandatory and some voluntary. They like to be considered a good community resource for all citizens. For example, the GED and budgeting classes are open to all citizens. Ms. York said the system has not been in operation long enough to have solid data, but she feels the program is going to reduce the number of repeated offenders. Otoe County is the model for a Day Reporting Center in a rural setting. All others are located in larger cities such as Omaha, Lincoln and Kearney. The overall savings may not be obvious, but in time there should be a reduction in court costs and inmate care. In lieu of serving jail time, offenders can still work and pay taxes.

 

Pat Haverty, Executive Director for RCEDC, appeared before the Board to give his quarterly report. RCEDC has been the driving force in Southeast Nebraska for creating and organizing an entrepreneur network. The Inventors, Investors and Entrepreneurs Club held their first meeting in January with over 55 in attendance. Participants come from Omaha to Falls City as well as Iowa. They plan to continue to meet monthly to share ideas and seek advice for developing a business. Haverty said new employers look for an area that can provide a workforce, but Southeast Nebraska sometimes lacks the population needed, especially in manufacturing. They continue to accumulate information for a conceptual use of the Red Fox Run Industrial Park property. The local BECA group has conducted several training opportunities for current and prospective business owners. One of the most popular classes is “Ebay for Business”.  RCEDC continues to work closely with Nebraska City on a number of downtown development and revitalization projects.

 

Steve Zimmers, Extension Agent, gave his quarterly report of recent activities and upcoming events. He announced that Jan Mueller has retired as their 4-H Secretary and Melinda Ortiz has been hired as her replacement. Sara Purcell just returned from the National 4-H Congress. She will be the sponsor for a group of 4-H members who have studied government for the past three years in preparation to participate in the Citizenship Washington Focus in Washington D.C this spring. On May 22, 2008, they will offer a Science, Engineering & Technology 4-H Camp at the Kimmel Education & Research Center in Nebraska City. This camp is open to 3rd through 6th graders and limited to the first 40 youth who register. Extension agents will again set up container gardening at nursing homes and assisted living housing so that residents can be involved with planting and harvesting vegetables and flowers.

 

Steffensmeier returned and said he visited with all the vendors to verify that specifications on the bids were consistent with the specs. He made a recommendation to purchase the truck chassis from Copple Chevrolet in Louisville for $24,900, deducting $299 for an option not needed. Even though the bid is higher, he is the only dealer who has located the truck from another dealer in Oklahoma. It can be delivered within a week. The other two bidders said they would have to order the truck and it would be 6-8 weeks for delivery. Since this truck is a replacement truck for the bridge crew, it will be used as soon as spring work begins. Commissioner Haverty made a motion, seconded by Commissioner Schroder to accept the bid for a 2008 Chevrolet 1 ton truck chassis from Copple Chevrolet in the amount of $24,900 which includes delivery. Voting – Commissioner Haverty, aye; Schroder, aye. Motion carried.

 

Commissioner Haverty said he composed a policy for the classification, maintenance and marking of abandoned and neglected Pioneer and Indian cemeteries within Otoe County. He said he began to research the statutes on abandoned cemeteries after he received a request for the County to pay for maintenance of a cemetery. The policy has been reviewed and approved by the County Attorney. It defines the criteria that must be met before a cemetery can be classified as “abandoned.” If the cemetery meets the definition, the requestor must complete a petition form that will be given to the Otoe County Zoning Administrator for review. The Administrator will then present the petition to the County Board with a recommendation for approval/disapproval. If the Board approves the request, the County assumes responsibility for its annual maintenance. He said the policy was written so that all requests will be treated the same. The petition form specifies that if any burial records are available they shall be provided to the Register of Deeds where they will be archived and accessible to the public. Commissioner Haverty made a motion, seconded by Commissioner Schroder to adopt the Policy for Classification, Maintenance and Marking of Abandoned and Neglected Pioneer and Indian Cemeteries as presented. Voting -- Commissioners Schroder, aye; Haverty, aye. Motion carried.

 

At 11:05 a.m. Commissioner Schroder made a motion, seconded by Commissioner Haverty to go into executive session to discuss contract negotiations with Duff Nursing Home Administrator, Roy Schneider. Voting – Commissioners Haverty, aye; Schroder, aye. Motion carried.

 

At 11:38 a.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.

 

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 Schroder to adjourn the meeting, until the next one, which will be on April 22, 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 8th day of April 2008.

 

 

 

 

Otoe County Clerk

Janene Bennett