NOTICE OF MEETING
NOTICE
IS HEREBY GIVEN that the Regular meeting of the Otoe County Commissioners of
AGENDA OF THE NEXT MEETING APRIL
22, 2008
8:30 a.m. -- Open Meeting; call roll;
accept agenda; accept minutes from
previous
meetings; audit and sign payroll claims and regular claims
8:40 a.m. -- Rick Sedersten,
Custodian: Discussion and/or action to renew contract with Control Services
Inc for boiler maintenance
8:45
a.m. – Public Hearing: Fairway Acres Subdivision located in the SE ¼ SE ¼
18-9-11 requested by
Maynard and
Diana Carlson
Public Hearing: Helen Siefken
Subdivision located in the SE ¼ SE ¼ 25-8-11 requested by
Helen Siefken,
Bruce & Judy Siefken, RaeJean
& Arlin Wallman
Public Hearing to hear support or
objections to the issuance of a Conditional Use Permit to WDSS
Enterprises for a
9:00 a.m. – Gregg Goebel, EMA:
Discussion and/or action RE: Deteriorating condition of outdoor warning
sirens – repair or replacement
Discussion and/or
action to appoint Goebel as the
development of an All Hazard Mitigation Plan (liaison
between Nemaha NRD and other counties)
9:15 a.m. – Glen Steffensmeier, Highway Supt: Discussion
and/or action regarding road and bridge matters
a) Renew
agreement with Marvin Rieck - storage space rental
for motor grader
b) Supplemental
engineering agreement with Mainelli Wagner Assoc. involving Bridge Project
BRO-7066(25) Palmyra SE
c) Miscellaneous
9:45 a.m. – Bill Davis, Attorney –
Discussion and/or action: Request to transfer surface water permit from Otoe
County Road Dept
to Kreifels/Bebout family involving a dam structure located on Kreifels/Bebout
property
10:00 a.m. – C J Johnson, Region V
Systems and Dave Merrill, Region V Services: Annual Reports
Discussion and/or action RE: Resolution
petitioning State to provide adequate services
for citizens with
developmental disabilities
10:15 a.m. - Discussion
and/or action RE: Invitation to hear comments on possible negative impact of
historic
properties
that may be affected by the erection of a telecommunications tower 2 mi. north
of Burr
10:30 a.m. – Will go into executive
session to discuss personnel issues with Local 251 Union representatives
and the
Other business matters to address when
time allows
Jackie Smith, Co Treasurer:
Discussion and/or action RE: Pledged Security(s)
Discussion and/or action
RE: Setup to accept credit card payments
Miscellaneous Correspondence and
other matters that may come before the Board
.
Janene Bennett
Otoe
The
Individuals requiring physical or sensory
accommodations, including interpreter service, Braille, large print or recorded
materials, please contact Janene Bennett,
April 22, 2008
The Otoe County Board of Commissioners convened in regular session at
8:30 a.m. on April 22, 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.
Rick Sedersten, Courthouse Custodian,
presented the Board with a proposal to renew a maintenance contract with
Control Services Inc regarding the mechanical maintenance of the
heating/cooling system of the Courthouse and Jail Facility. As stated in the
past contract, Control Services will make preventive maintenance inspections in
the spring and fall to make sure the system is running efficiently and to check
all components in accordance with the manufacturer’s specifications. Sedersten said the company has set up a maintenance program
on the computer in his office that is linked to sensors in the boiler system.
An alarm will sound if the system needs attention. Many times, service can be
done from
Dave Schmitz, Zoning Administrator, conducted public hearings to hear
support or objections for the approval of the two subdivisions listed below.
1) Fairway Acres Subdivision located in the SE ¼ SE ¼ S18-T9-R11 as
requested by Maynard and Diana Carlson: Schmitz said this is a 3 acre site
northeast of Unadilla where the owners intend to build a home. They have
permission to hook into the rural water line; the driveway has been constructed
with good site distance and the plat has been approved by the Planning
Commission. Commissioner Schroder made a motion,
seconded by Commissioner Haverty to authorize
Chairman Haverty to sign the plat map for Fairway
Acres Subdivision located in the SE ¼ of the SE ¼ S18-T9-R11. Voting –
Commissioners Haverty, aye; Schroder,
aye. Motion carried.
2) Helen Siefken Subdivision located in the SE
¼ SE ¼ S25-T8-R11 as requested by owners Helen Siefken,
Bruce & Judy Siefken, RaeJean
& Arlin Wallman: Schmitz
said this 6.96 acre tract is being subdivided from an existing farmstead
southeast of
The public hearing to hear support or objections to the issuance of a
Conditional Use Permit to WDSS Enterprises for a
Jackie Smith,
Ms. Smith explained that about three years ago, the Treasurer’s Office
contracted with MIPS to set up a “Taxes Online” program where citizens can look
up and pay their real estate taxes online by means of a credit card. Since
then, many customers have requested to pay motor vehicles taxes and driver’s
license fees with a credit card as well. She said she would need to purchase a
keyboard with a card swiper to be able to accept
credit card payments over the counter. All transaction fees would be paid by
the customer. The only cost to the County is about $150 for the keyboard. The
County would receive payment from the collection company two days after the
transaction. Commissioner Schroder made a motion,
seconded by Commissioner Haverty to allow the
Treasurer to set up for credit card payments over the counter. Voting –
Commissioners Schroder, aye; Haverty,
aye. Motion carried
Gregg Goebel, Emergency Management Director, said he conducted a
countywide outdoor siren test about two weeks ago. He found a problem in the
console located in the Sheriff’s Office and identified 14 sirens that were not
working properly. He obtained a quote from DANKO Emergency Equipment for an up-to-date
warning system. It would cost nearly $500,000 to replace the console and sirens.
He said he is checking into grants to help defray the cost. He will also
request a price quote from at least one more company. Commissioner Haverty made a motion, seconded by Commissioner Schroder to table any action on the matter until the next
meeting. Voting – Commissioners Haverty, aye; Schroder, aye. Motion carried.
At the April 8, 2008 Commissioners meeting, the Board signed and entered
into an Interlocal Agreement with the Nemaha NRD and the
counties of Johnson, Nemaha, Pawnee, and Richardson to form a partnership for
developing an all hazard mitigation plan for southeast Nebraska. Each county
was asked to submit a name of someone who would act as the liaison between the
Nemaha NRD and the other participating counties. Commissioner Haverty made a motion, seconded by Commissioner Schroder to appoint the Emergency Management Director, Gregg
Goebel to represent
Glen Steffensmeier, County Highway
Superintendent, Lynn Denniston, Bridge Foreman, and
Wally Pohlman and Rich Kuenning,
Road Foremen, came before the Board to discuss road and bridge matters.
The County has been paying Marvin Rieck $125 a
month for storage of a motor grader in a shed located on his residential property
since 1998. The storage agreement expired at the end of March. Steffensmeier said he received written notice from Joe
Miller that the County has fire legal liability for the motor grader when it is
stored on leased property. However, he recommended that the Lessor
“waive the right of subrogation on any insured loss”. In regards to the above
ground fuel tank at this location, the County has a $25,000 “clean up” coverage
if a spill would occur, however, a legal description of this location should be
noted in the policy. Steffensmeier suggested that the
fuel tank be set inside a containment tank as a safety measure. The tank costs
about $1500. Commissioner Haverty made a motion,
seconded by Commissioner Schroder to sign Resolution
2008-19 agreeing to pay Marvin Rieck $125 a month to
store the County’s motor grader in a shed located on his property; said
agreement is subject to review in five years. Voting – Commissioners Haverty, aye; Schroder, aye.
Motion carried.
At the previous meeting, Steffensmeier
reported there were several change orders that the inspection engineer deemed
necessary to reinforce the construction of Bridge Project BRO-7066(25)
southeast of
A 48” diameter metal culvert was ordered from Ace/Eaton Metals in
Steffensmeier said he took pictures and closed the bridge
at County Road Intersection I & 4. This bridge is considered scour critical
and will require a plan for repairs before it can be reopened. The bridge has
been programmed as BRO-7066(41) and is eligible for acquiring right-of-way. It
then will be turned in to the NDOR as a federal aid replacement.
Several mailboxes have been constructed in county right-of-way and are
in the county’s lateral clear zone.
Other objects such as fences, decorative rock, etc that are located in
our right-of-way are also considered a potential hazard.
Bill Davis, Attorney representing Bernard Kreifels
and Howard Bebout, said that he has been in contact
with the Nebraska Department of Natural Resources to discuss the Surface Water
Appropriation Permit that was issued to
C J Johnson, Regional Administrator of Region V Systems, came before the
Board to give his annual report. The mission of Region V Systems is to
encourage and support the provision of mental health, alcoholism and drug abuse
programs to the youth and adults residing in 16 southeastern counties of
Dave Merrill, Region V Services Executive Director, said their goal is
to provide direct support for people with disabilities and to promote
interdependence within the community. They serve over 800 clients in
The Board received notification from Environmental Resources Management
inviting comments on historic properties that may be affected by the erection
of a telecommunications tower 2 miles north of Burr. Commissioner Schroder noted there was a cemetery ½ east of the proposed
site, but did not feel the tower would cause a negative impact on the area. Orlin Moss, who owns property near the site, said he did not
know of any other property that would be considered historical and felt the
tower would have no negative impact.
At 10:30 a.m. Commissioner Schroder made a
motion, seconded by Commissioner Haverty to go into
executive session to discuss a personnel issue with the County Attorney Dave Partsch, Local 251 Union representatives George Forst and Kevin Brown, Union Stewards Jon Brinkman and John
Bebout, County Highway Supt Glen Steffensmeier
and County Road Employee Paul Chaney. Voting – Commissioners Schroder, aye; Haverty, aye.
Motion carried.
At 10:54 a.m. Commissioner Haverty made a
motion, seconded by Commissioner Schroder to go back into
regular session. Voting – Commissioners Haverty, aye;
Schroder, aye. Motion carried. No action was taken
while in executive session.
Commissioner Haverty stated that the Board has
heard testimony, both oral and written, of those directly involved in the
situation when Paul Chaney was dismissed from work for three hours without pay.
There are two options for the Board to take – (1) retain the disciplinary
action taken; or (2) retract the disciplinary action and pay Mr. Chaney.
Commissioner Schroder made a motion, seconded by
Commissioner Haverty to uphold the decision of
Highway Supt Steffensmeier and to retain the
disciplinary action taken against Paul Chaney. Chairman Haverty
asked if there was any discussion from the audience.
At 11:06 a.m. Commissioner Schroder made a
motion, seconded by Commissioner Haverty to go into
executive session to discuss a personnel issue with the County Attorney Dave Partsch, Local 251 representatives George Forst and Kevin Brown, Union Stewards Jon Brinkman and John
Bebout, County Highway Superintendent Glen Steffensmeier and County Road Employee Rick Hansen. Voting
– Commissioners Haverty, aye; Schroder,
aye. Motion carried.
At 11:22 a.m. Commissioner Haverty made a
motion, seconded by Commissioner Schroder to go back
into regular session. Voting –
Commissioner Schroder, aye; Haverty,
aye. Motion carried. No action was taken while in executive session.
Chairman Haverty said the Board heard testimony
regarding the disciplinary action taken against Rick Hansen on April 2, 2008,
when he was terminated from employment for gross insubordination. A grievance
has been filed and the Board has the option to uphold the disciplinary action
or reduce the action to an undetermined amount of days without pay.
Commissioner Haverty asked Mr. Hansen if he wanted to
make a public statement. Hansen apologized to Steffensmeier
and to the Board members for his actions. He also thanked his fellow employees
and others present in the room for their support. Commissioner Haverty made a motion, seconded by Commissioner Schroder to stand by the penalty issued to Mr. Hansen.
Chairman Haverty asked if there was any further discussion.
George Forst advised the
There was no miscellaneous correspondence to read.
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 May 13, 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 22nd day of April 2008.
Janene Bennett
Otoe