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 April 24, 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                                          APRIL 24, 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: Shelton Acres Subdivision located in NE ¼ NW ¼ 10-9-9

 

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

a)      Discussion and/or action RE:  Open bids – Steel and lumber products

b)      Discussion and/or action RE:  Bids for roof at Syracuse shop

c)      Discussion and/or action RE:  Bids for air compressor and tamper

d)      Discussion and/or action RE:  Bids for motor graders

e)      Discussion and/or action RE:  County roadside policy

f)        Discussion and/or action RE:  Miscellaneous

               

        10:00 a.m. – Patrick Damme, OPPD: Discussion and/or action RE: Power Line Easement

 

        10:15 a.m. – Discussion and/or action RE: Water release from dam (Teten, Kreifels, Bebout)

 

        10:30 a.m. – Carl Satterfield, Nebraska City Rescue Squad: Activity report

 

        10:45 a.m. – Jeff Funke, Co Attorney: Discussion and/or action RE: Agreement between Otoe County

                                      And Nextel West Corp – 800 MHZ band frequency

 

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

 

                     

Other business matters to address when time allows:

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

                    Discussion and/or action RE: Juvenile Detention Youth Service contract

                    Discussion and/or action RE: Contract with Schmitz Land Surveying Inc to perform duties of

                      Zoning Administrator

                    Discussion and/or action to cancel check #07040116 in the amount of $20.00

                   Andrea Walters, Assessor: Discussion and/or action RE: Tax list correction(s)

                    Jackie Smith, Treasurer: Discussion and/or action RE: Pledged Security(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.     

 

 

APRIL 24, 2007

 

The Otoe County Board of Commissioners convened in regular session at 8:30 a.m. on April 24, 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 Thummel made a motion, seconded by Commissioner Haverty 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.

 

Regarding Shelton Acres Subdivision located in the NE ¼ of the NW ½ S10-T9-R9: After checking with the County Treasurer, Dave Schmitz found that the Sheltons have only paid the first half of the 2006 taxes. He recommended that the Board take no action on the plat until the taxes are paid in full. Commissioner Haverty made a motion, seconded by Commissioner Thummel to table approval of the plat until the next meeting which should allow the owners enough time to complete payment of the 2006 taxes. Voting -- Commissioners Schroder, aye; Thummel, aye; Haverty, aye. Motion carried. Schmitz said he will notify the owners, Brent and Elizabeth Shelton, that they must pay the second half of the 2006 taxes before the plat can be signed.

 

Other business matters were addressed at this time.

 

Dave Schmitz said he was not given a copy of the proposed contract outlining the terms and conditions for Schmitz Land Surveying Inc to perform the duties of Zoning Administrator for Otoe County. He said he would like to take the time to read it before signing.

 

Commissioner Haverty made a motion, seconded by Commissioner Thummel to cancel check #07040116 in the amount of $20.00 at the request of the County Clerk. Voting – Commissioners Thummel, aye; Haverty, aye; Schroder, aye. Motion carried. The Clerk explained that Extension Educator, Sarah Purcell, returned the registration fee after she decided not to attend a meeting at the University in Lincoln.

 

The Richardson County Board sent an inquiry to several counties requesting a sample policy that established regulations for private application of dust control materials on county roads. Otoe County has no written policy on this matter.

 

A renewal agreement was received from the Youth Services Center in Lancaster County. Commissioner Haverty made a motion, seconded by Commissioner Thummel to sign the Interlocal Agreement with the Lancaster County Youth Services Center whereby Otoe County agrees to pay the daily rate of $244.50 if an Otoe County juvenile is ordered to be detained at the Center for the safekeeping and care of said juvenile. Voting – Commissioners Haverty, aye; Schroder, aye; Thummel, aye. Motion carried.

 

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

 

At 9:00 a.m. bids were publicly opened and read for the purchase of steel and lumber products. Listed below are the vendors and total amount of bids submitted.

            Vendor                                                             Steel Bid                                        Lumber Bid

B’s Enterprises, Norfolk …………………...........      None     ………………………..$45,643.20

Husker Steel, Columbus …………………………$42,975.00 …………………………… None

Midwest Service & Sales, Schuyler …………….$46,156.80 ……standard sawn …$42,327.72

                                                                                                                 Full sawn ……….$43,073.64

Oden Enterprises, Wahoo ……………………….$44,728.80 ……………………………..None

Steffensmeier asked that he be allowed to review the bid sheets and return later with a recommendation.

 

Steffensmeier reported that he had to write specifications for repairing the roof at the Syracuse Shop. Since it appears the cost will be over $20,000, he will need to advertise for bids. He has scheduled a bid opening for 9:00 a.m. on May 8th.

 

At the previous meeting, Steffensmeier asked the Board if they would consider purchasing a compaction tool to tamp in dirt when installing tubes, steel piling, etc. He looked at a hydraulic tamper, but said it was potentially dangerous to use. He said he would like to rent a compressor and tamper to use on a trial basis and see if the workers like it before buying one.

 

After speaking with his foremen, Steffensmeier used the same specifications for requesting bids to purchase a motor grader that were used in the past. The foremen said they preferred a Caterpillar 140 Model or similar machine which has more power. Commissioner Haverty said it was his understanding that the County was not going to purchase a new machine this year since they recently spent a lot of money to rebuild one of the older graders. By having done a complete overhaul, the machine’s life was extended and now has a three year warranty. He felt there are other areas that need attention, such as repairing the roof on the Syracuse Shop and repairing or replacing the Otoe Shop. Haverty said we need to look at funding. The Inheritance Tax Fund balance is less than $1,000,000 which needs to be retained for our cash reserve. Steffensmeier said he is stipulating that the bids will be held good for 90 days from the date of opening which is May 22nd. In that way, the Board can determine whether to make a purchase this fiscal year or next fiscal year, depending upon funding. He also mentioned the possibility of looking at a lease purchase to spread the payments out.

 

There was some discussion regarding adoption of a general roadside policy that would address all the problems within county road right-of-way, such as weeds, trees, brush, mailboxes, lawn ornaments, burn piles in road ditches, fencing, bales of hay, farm machinery, etc. Commissioner Schroder said the County already adopted a resolution taking care of the mailbox/obstacle clearance problem. It was approved in September of 2001 using the same standards established by the State Board of Public Roads Classification and Standards. Commissioner Haverty thought it would be a good idea to adopt one roadside policy that addresses all problems, including mailboxes. This policy could be written to supersede the mailbox resolution. Steffensmeier says it is the County’s responsibility to maintain road right-of-way. Commissioner Haverty says he interprets the law to read that landowners are responsible for brush/trees on their land that obstruct intersections and railroad crossings; the County is responsible for everything else. If the County adopts a policy, then it must be enforceable and fair for all.  Commissioner Schroder asked Steffensmeier to work with the County Attorney and the Road Foremen to design a countywide written policy. However, he still wants to keep the mailbox policy separate since mailboxes must be installed to comply with postal regulations as well.

 

Andrea Walters, County Assessor, presented the following tax list corrections. OPPD – add $455.54 – correction to gross revenue, thus changing the in lieu of tax payment; Pete & Nancy Lutz – add $802.64 – homestead exemption was placed on incorrect parcel. Commissioner Haverty made a motion, seconded by Commissioner Thummel to approve the tax list corrections as presented. Voting -- Commissioners Schroder, aye; Thummel, aye; Haverty, aye. Motion carried.

 

Jackie Smith, County Treasurer, requested additional pledged securities from Otoe County Bank, Nebraska City, in the aggregate amount of $2,000,000 due to increased deposits from the taxes being paid. Commissioner Haverty made a motion, seconded by Commissioner Thummel to adopt Resolution 2007-07 approving said transaction. Voting – Commissioners Thummel, aye; Haverty, aye; Schroder, aye. Motion carried.

 

After reviewing the proposed renewal contract with Youth Services Center in Lancaster County, Otoe County Attorney, Jeff Funke, recommended holding the contract until he could contact the Center’s director. He would like to have some language changed in the contract to assure that Otoe County will still have the ability to choose whichever detention center it wants to use. (Otoe County also has a contract with Sarpy County who usually charges a lesser fee.) Therefore, Commissioner Haverty made a motion, seconded by Commissioner Thummel to rescind the motion made earlier this morning and to bring the matter back to a later meeting after the County Attorney has a chance to contact the Service Center to clarify the language.  Voting – Commissioners Haverty, aye; Schroder, aye; Thummel, aye. Motion carried.

 

Marv Pesek reported that he had no general assistance cases/applications to bring before the Board at this time.

 

 

Patrick Damme, representing OPPD, came before the Board to present a proposed easement that OPPD needs signed before the new power lines can be installed in the county road right-of-way near the Nebraska City Road Shop. At the meeting on March 27, 2007, he was asked to revise the document so that it better defines the easement area. After meeting with Jeff Funke, County Attorney, both agreed to add a phrase to the easement that restricted ingress and egress to the existing 50 feet ingress and egress easement along the Northeast property line, parallel to State Highway 2. This limits OPPD’s access for installing the power line and pole by using the same boundary line already established on the plat. Commissioner Haverty made a motion, seconded by Commissioner Thummel to sign and approve the Right-of-Way easement as presented. Voting -- Commissioners Schroder, aye; Thummel, aye; Haverty, aye. Motion carried.

 

Since the February 27, 2007, board meeting, County Attorney, Jeff Funke, has been researching the law and gathering information in an attempt to settle the dispute between Duane Teten and Bernard Kreifels and Howard Bebout. Mr. Teten had asked that water be released from a dam located on the Kreifels/Bebout property. Teten pastures livestock in the fall downstream from the dam’s water pool and claims that the County has the authority to release the water for his livestock even though Kreifels/Bebout do not want to release the water. They contend that their fish might be harmed if the water level is lowered too much. Funke said he has spent time working with the legal counsel from the Natural Resource Commission and the Nemaha Natural Resource District. He said the Nemaha NRD does not want to be involved with the problem. The NRD said the Otoe County Road Department holds the water storage rights permit, giving the County the responsibility to operate and maintain the dam structure. However, the County has never been given the authority to be on the property to maintain the structure. The Natural Resource Commission (NRC) will not order the County to release the water since we are a political subdivision. However, they will assist the County in determining the amount of water that can be released. Funke recommended giving the water storage permit back to the NRC since they have the expertise to determine how much and when the water should be released. Teten commented that the County is shirking its duty and passing the buck to the State and wanted to know who will enforce it.  Funke said he hasn’t found any statute that says the County must keep the responsibility. Kreifels referred to Section 4 of the Easement where it states that “upon completion of the structure … the pool area shall remain the sole property of the Grantors of this easement”. He also referred to State Statute 46-241 Subsection (5): Every person who owns …a reservoir …except a political subdivision of this state shall be required to release water for livestock.” Funke said Kreifels has the right to use the surface water because it’s on his land; but he does not have the right to control release of the water. Funke said the Easement was drafted incorrectly; the NRD had no authority to transfer responsibility to the County. The Easement was not signed by the County – only by the Bebouts, the Kreifels and the NRD. Statute says “may” release water – does not say “must” or “shall”. Teten said he does not need water year round, just in the late fall and/or during the winter when the spring goes dry. Bebout said when he signed the easement it was his intention to help the County; not give up his rights. He agreed to go with whatever the NRC recommends. Commissioner Haverty said he would like to see the State (NRC) take over the responsibility of controlling the water because they have the time and personnel who are trained to do it. Commissioner Haverty made a motion, seconded by Commissioner Thummel to table the issue until the first meeting in June and to direct the County Attorney to contact the Natural Resource Commission to see if they will accept the responsibility of determining when and how much water can be released. Voting – Commissioners Thummel, aye; Haverty, aye; Schroder, aye. Motion carried.

 

Carl Satterfield, representing the Nebraska City Rescue Squad, appeared before the Board to make a budget request. For the past several years, the County and Nebraska City have shared the cost to pay the Squad’s vehicle insurance premium. This year’s total premium is $8,673; 50% is $4,336.50. He noted that the NC Rescue Squad has helped other communities in Otoe County. They are currently renting a unit to the Village of Talmage for $1. With donations from United Way, Wal-Mart and a reduced rate from Arbor Power, they have purchased a Snapper “gator-like rugged terrain” vehicle for transporting injured people and equipment to and from off-road areas - such as the bike trails, football fields, ditches, etc. The Rescue Service pays their entire premium for Workmen’s Compensation and Professional Liability. Commissioner Haverty questioned a claim that was recently paid for rescue squad insurance. The County Clerk said the County pays the vehicle insurance premium for many rescue squads; she would have to check to see if this one has already been paid. Commissioner Haverty made a motion, seconded by Commissioner Thummel to table action for approving payment of the insurance premium until it is certain that the bill will not be paid twice. Voting – Commissioners Haverty, aye; Schroder, aye; Thummel, aye. Motion carried.

 

County Attorney, Jeff Funke, said the FCC has ordered Nextel to move its 800 MHz band frequencies so as to not cause interference with emergency personnel’s use of the 800 MHz band frequencies. Currently, Otoe County is not using an 800 MHz frequency, but may in the future. Within the contract with Otoe County, Nextel agreed to exchange Otoe County’s frequencies with a new set of frequencies at no cost to the County so as to comply with the FCC order. It will provide better communication ability and will not interfere with the Communication System Plan the County has been working on the past few years. This contract meets current and future needs.  Funke said entering into this contract will not have a negative impact on the County, so he recommended that the Board sign and approve it.  Commissioner Haverty made a motion, seconded by Commissioner Thummel to approve the contract with Nextel, accepting its terms and conditions as presented, and to authorize Chairman Schroder to sign it. Voting -- Commissioners Schroder, aye; Thummel, aye; Haverty, aye. Motion carried.

  

Sarah Purcell, Extension Educator, gave a monthly report of her latest activities. She said her primary focus is dealing with food safety areas and youth 4-H programs.  Once a year, she conducts the “Serve Safe” food program that is intended for restaurant owners/managers and other people who handle food. She has worked with Senior Centers and the Meals on Wheels program educating the elderly on ways to properly handle food. She recently received a grant in the amount of $2000. The money will be used by the “Youth and Adults in Action” group who plan projects for the betterment of a community.

 

Highway Superintendent Steffensmeier returned to the meeting with a recommendation for purchasing lumber and steel products as listed below:

Lumber – full sawn 3”x12”x14’ planks, 3”x12”x16’ planks, 3”x12”x20’ planks from Midwest Service & Sales – cost $34,924.80. He chose not to purchase 4”x12”x20’ at this time.

Steel sheet piling (25’ and 30’ 7 gauge) – from Oden Enterprises – cost $19,849.80.

8”x8” x30’ H piling - from Husker Steel - cost $7639.

Channel iron, I beams, angel iron and steel rods – Midwest Service & Sales – cost $14,960.20

Commissioner Haverty made a motion, seconded by Commissioner Thummel to accept the recommendation by Steffensmeier for the purchase of lumber and steel products in the total amount of $77,373.80.Voting – Commissioners Thummel, aye; Haverty, aye; Schroder, 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 May 8, 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 24th day of April 2007.

 

 

 

Janene Bennett

Otoe County Clerk