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 April 28, 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 ___________________________________APRIL 28, 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 Michael Murman

to allow wine tastings, wine festival and food event at Glacial Till Winery located in N ½ NE ¼ 19-8-9

2) Public Hearing for approval of J & A Roberts Subd located in the E ½ SE ¼ 34-9-11

                            

         9:15 a.m. – Representatives from Ameritas, Smith-Hayes and Edward Jones to give presentations and/or

                   quotes for setting up highway allocation bonds

 

                    Discussion and/or action to accept and approve quote for setting up highway allocation bonds

 

       10: 15 a.m. – Discussion and/or action regarding various road and bridge matters as listed below:

1)      Discussion and/or action RE: Under ground tanks and fueling system

2)      Discussion and/or action RE: Demolition of Douglas and Burr Road Shops

3)      Discussion and/or action RE: Any pending road projects

4)      Miscellaneous road and bridge matters

            

       10:45 a.m. – Jeff Porter, Manager of Arbor Links: Discussion and/or action RE: Request to asphalt portion of

                    Steam Wagon Road

 

       11:00 a.m. – Discussion and/or action RE: Application being made by Susan K Porter to be manager of Arbor

                     Links Golf Course (Board recommendation required by Nebraska Liquor Control Commission)

                                            

 Other business matters to address when time allows:

       Steve Lade: Discussion and/or action RE: Report from April 22nd Safety Committee meeting

       Discussion and/or action RE: Allocation for County Burial

       Discussion and/or action RE: Interlocal agreement with Nebraska City to provide dispatching services

       Discussion and/or action to set up a Revenue Fund within the county budget to receive keno lottery proceeds

       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 28, 2009

 

The Otoe County Board of Commissioners convened in regular session at 8:30 a.m. on April 28, 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.

 

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. He asked that all attendees turn off their cell phones or set them to vibrate while present in the meeting room.

 

Commissioner Lade made a motion, seconded by Commissioner Kreifels 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 Freshman made a motion, seconded by Commissioner Lade 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 Lade to approve payment of the regular claims with the exception of one for conservation work that was pulled for further review. 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.

 

Commissioner Lade gave a report of topics discussed at the April 22, 2009, Safety Committee Meeting. They are continuing to make revisions to the Safety Manual as well as introducing new items that could be included. There was some discussion of accidents that have occurred in recent months, including one that involved an outdated lowboy trailer. Commissioner Freshman was authorized to gather information for the purchase of a new or used trailer. A Safety Meeting was held on April 17, 2009, for all road employees. On May 8, 2009, the Safety Committee is sponsoring a safety meeting for courthouse employees. They are asking that at least one representative from each office attend.

 

The County Clerk was notified that Wyuka Cemetery will raise their grave digging fee from $300 to $450. Currently, the County allows $1300 for a county burial with $300 of that amount going to the Cemetery for grave preparation. Board members agreed to increase the County’s allotment for a county burial to $1450 to cover the increased cost set by the Cemetery Board.  A resolution will be prepared and action will be taken to amend the County Burial section of the General Assistance Policy at the next meeting.

 

Commissioner Crook said the Hazardous Waste Collection Project was a huge success and thanked the County for allowing 5 Rivers RC & D to use the Nebraska City Road Shop as the collection site.

 

Dave Schmitz, Zoning Administrator, said a public hearing was held during the Planning Commission’s meeting on April 16, 2009, regarding a request by Michael Murman to approve issuance of a Conditional Use Permit for Glacial Till Vineyard and Winery. It is located in the N ½ of the NE ¼ S19-T8-R9. Schmitz said the Planning Commission approved issuance of the permit but with restrictions – Wine tasting for small groups (4-8 people) shall not exceed 24 people in one day and the facility must be closed by 10:00 p.m.; A wine festival, which includes food and music, may be held no more than 3 times a year for groups of 50 – 75 people and the facility must be closed by 10:00 p.m. Schmitz said a few local residents expressed concerns about the dust from increased traffic and noise from the music. Chairman Nelsen opened today’s hearing for public comment. Joe Anderson, who lives across the road from the vineyard, requested that the County place gravel on that portion of road to alleviate the dust; otherwise he had no objections. John Murman, speaking on behalf of the vineyard, said the vineyard & winery is a family business. He presented the Board with a letter written by his father who was unable to attend today’s meeting due to a pre-planned business trip. Chairman Nelsen accepted the letter and noted it would become part of the record. It stated that the winery allows several grape farmers in Otoe County a place to sell their product and enhances economic activity. Their goal is to offer information about grape growing and wine making with the opportunity to sample their products and purchase bottles of wine to take home. Commissioner Crook asked who was responsible for monitoring the restrictions placed on the Conditional Use Permit. Schmitz said that as the Zoning Administrator, he was responsible. He will investigate if a complaint is received that the business is not following the restrictions. Commissioner Freshman asked how many acres of grapes were planted. Murman replied they had 5 acres of grapes on an 80 acre farm. There being no further comments, Chairman Nelsen declared the public hearing closed. Commissioner Lade made a motion, seconded by Commissioner Crook to approve issuance of a Conditional Use Permit to Glacial Till Vineyard and Winery as requested by Michael Murman with the same restrictions as suggested by the Planning Commission. 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.

 

Chairman Nelsen opened a public hearing to hear support or objections to the establishment of  J & A Roberts Subdivision located in the E ½ SE ¼ 34-9-11 as requested by James and Angie Roberts. Schmitz said the couple needed to subdivide a small acreage that included their existing home for refinancing purposes. He said the machine shed will remain with the 76 acre farm, but he included a dedicated easement to the shed that could be used as another entrance if it was ever needed. There being no further comments, Chairman Nelsen closed the public hearing. Commissioner Lade made a motion, seconded by Commissioner Kreifels to authorize Chairman Nelsen to sign the plat map for J & A Roberts Subdivision as requested by James and Angie Roberts. 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.

 

Schmitz said he has been gathering information from several counties in Nebraska and other states regarding wind farm regulations. He said he will furnish each Board member with a copy of proposed regulations that he and the Planning Commission members have put together so far. He still would like to hold a workshop between the County Commissioners and Planning Commission members. Chairman Nelsen suggested conducting the workshop at 1:00 p.m. on May 12th at the Courthouse. Schmitz will contact Planning Commission members to see if any would be available at that time.

 

For many years the County and City of Nebraska City have had an interlocal agreement whereby the City reimburses the County for providing dispatcher services when City Hall is not open. Since the agreement has not been reviewed since 2000, Commissioner Nelsen made a motion, seconded by Commissioner Kreifels to not renew the 2000 agreement and to appoint Commissioner Freshman and Commissioner Nelsen to renegotiate a new agreement with Nebraska City Officials.  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.

 

The County Clerk reported that in order for the County to receive revenue from Keno lottery proceeds, the County Board must set up a separate fund within the County’s Budget. Therefore, Commissioner Kreifels made a motion, seconded by Commissioner Freshman to authorize the Chairman to sign Resolution 2009-23 directing the County Treasurer and County Clerk to set up a revenue fund (2850 Keno Lottery) within the county budget in order to receive keno lottery proceeds. 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.

 

At 9:05 a.m. Chairman Nelsen called for a short recess. At 9:15 the meeting resumed with all members present.

 

Representatives from three financial institutions prepared and presented quotes for setting up Highway Allocation bonds for the County. Chairman Nelsen noted the money would be used to finance several road and bridge projects; said bonds would be repaid by pledging a portion of highway allocation revenue. Each vendor was given a 20 minute limitation.

 

Jay Spearman and Marc Munford, representing Ameritas Investment Corp, began their presentation by reviewing their credentials for coordinating and marketing bonds for county government. They prepared a 15 Year and 10 Year Amortization Schedule. For a $2,500,000 15 year bond, the net proceeds would be $2,468,750; issuance fees $31,250; average annual debt service $218,236; average interest rate 3.61%; total pay out of principal & interest $3,273,535. For a 10 year bond, the average debt service would be $292,026 with a 2.95% average interest rate; total pay out $2,920,257. There is no penalty for early payoff. They would try to market the bonds locally. Spearman noted that Will Wittler, an Otoe County native, is planning to open an office in Nebraska City in June. They provided a list of villages/cities and schools as well as a Rural Water District in Otoe County that have selected Ameritas as their bonding agent. They have issued highway allocation bonds for several other counties in Nebraska including Sarpy, York and Madison.

 

Andy Snyder, with Smith Hayes Financial Services, said his office is based in Lincoln and has been involved with public financing since 1985. They have most recently issued bonds for Box Butte, Boone and Webster counties in Nebraska. They try to sell the bonds to local financiers. He prepared quotes for a 10 year and 15 year Highway Allocation Bond. For a 15 year bond he added $30,000 issuance fees to the par amount for a bond total of $2,530,000; average annual debt service, $223,146; average interest rate 3.86%; total pay out for principal & interest $3,347,190. For a 10 year bond option issuance fees would be $25,000; par value of bond $2,525,000; average annual debt service $297,479; average interest rate 3.26%; total pay out $2,974,790.  By using a curve yield series bond advantage, he said he can help the County save money by using variable interest rates. In the event the County would no longer receive highway allocations, the bond would be considered a General Obligation Bond subject to the budgeting lid. There would be two interest payments and one principal payment each year. With such a volatile market, interest rates cannot be guaranteed until the day an agreement is signed. However, if a bond purchasing agreement was signed today, the quoted interest rates would be locked in.

 

Eric Conrad, Financial Advisor for Edward Jones, said his office is located in Nebraska City. Edward Jones Finance was founded in 1871, is headquartered in St Louis and sold over $13,000,000,000 in bonds in 2008. He prepared a 15 year schedule only for a $2,500,000 bond. His issuance cost of $55,000 would be added to the par amount making the total bond $2,555,000. The average annual debt service payment would be $225,000 with an average interest rate of 3.82%; Total pay out for principal & interest $3,356,987. They have issued bonds to several cities/villages and school districts in Nebraska. Interest rates are subject to change until an agreement is signed. The highest payment would be made in year one; then decrease annually.

 

Presentations were completed at 9:50 a.m. Chairman Nelsen opened the subject for discussion. Nelsen said he was considering a 15 year bond, but hopes to pay it off early by making additional payments. By law, the bond can be paid off after 5 years. Commissioner Lade said that he has visited with many constituents about the matter; all comments have been positive – they are happy to get the roads and bridges repaired/opened. With interest rates still being low, now is the time to move forward. Board members agreed they would like to take more time to review the individual proposals. Action to accept one of the proposals will be made at the May 12, 2009, meeting.

 

At 10:05 a.m. Chairman Nelsen called for a 10 minute recess. At 10:15 a.m. the meeting resumed with all members being noted as present.

 

Glen Steffensmeier, County Highway Superintendent and Lynn Denniston, Lead Supervisor, came before the Board to discuss road and bridge matters.

 

Commissioner Freshman reported that he met with Supt Steffensmeier and a contractor at the Nebraska City Road Shop to evaluate the fueling situation. The contractor said he could place two 2000 gallon fuel tanks on the existing cement slab and utilize the same pump, but raise it up and add an electric card reader. Fire code requires a chain link fence around the tanks. His estimate was approximately $48,000 and included two 2000 gallon tanks, fencing, electrical wiring, and electric card system. He thought the underground tanks could be removed at a later date. Chairman Nelsen felt the county road crew could install the chain link fence to save money. Since the estimate is over $20,000 the County is required to comply with the formal bidding process. Chairman Nelsen made a motion, seconded by Commissioner Freshman to direct the County Attorney, with the assistance of the Highway Superintendent, to draw up specs to include the purchase of two 2000 gallon fuel tanks and adding an electrical card system to the existing pumps at the Nebraska City and Syracuse shops; the specs will not include removal of the underground tanks or construction of a chain link fence. 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. Two vendors previously submitted quotes for the removal of two underground fuel tanks (one 550 gallon and one 1500 gallon) located at the Nebraska City Road Shop. The Board agreed to proceed with their removal; therefore, Commissioner Freshman made a motion, seconded by Commissioner Crook to accept the bid submitted by Heimes Corp to remove both underground tanks for the quoted amount of $6,800 which includes backfilling holes with onsite dirt. 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.

 

There was some discussion involving the demolition of the Douglas and Burr Road Shops; then replacing them with one shop that could be shared. Because there is asbestos in the Burr Shop, Commissioner Lade said the demolition will require special treatment to handle and dispose of hazardous material. He said he has been looking for sites to build a new shop. One possibility would be to construct a shop between Douglas and Burr, but the County would have to purchase land for a building site. Another option would be to build a new shop in Douglas since the County already owns the property. Steffensmeier added that it would be more economical to build in Douglas where water and sewer are already available. Commissioner Lade proposed building a 50’x100’ shop to house 2 graders and 1 pickup. Commissioner Kreifels questioned the condition and size of the existing Douglas Shop. Commissioner Lade replied that the shop is 50’x73’ with a rock floor; it only has one entrance making it inconvenient to park and move machinery inside; it is old and probably has asbestos. Chairman Nelsen said he is looking to modify the lean-to shops in Lorton to house 2 graders. There was one quote submitted for demolition of the two buildings, but action was tabled at this time. Discussion will continue at the next meeting.

 

Pending projects: Commissioner Lade compiled a priority list of 22 Soft Match Projects being considered for construction this year. Bridges numbered 04705P, 22645, 02615 and 23515 are already in the works, but he asked the other Board members if they wanted to make any changes to the priority order for the remaining 18. Steffensmeier added that 3 other Soft Match projects were let for bid last week and 15 others have been surveyed. Steffensmeier was instructed to give the list to Mark Mainelli so that he can continue with the engineering for these projects.

 

Chairman Nelsen announced that he and Commissioner Lade had their first meeting with Local 251 Union representatives to begin the negotiating process for adopting a new Union Contract for the Road Department. The Union asked the County to sign a letter stating that the County agrees to retroactivity to any wage or benefit adjustments negotiated for the Collective Bargaining Agreement. Therefore, Commissioner Crook made a motion, seconded by Commissioner Kreifels to authorize the Chairman to sign a statement whereby the County and Local 251 agrees that wage or benefit adjustments shall be retroactive to the first day of the Collective Bargaining Agreement.  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.

 

Jeff Porter, Manager of Arbor Links Golf Course, came before the Board to request some type of dust control on H Rd leading to the golf course. He said he did not intend to ask for asphalting of the road even though that has been listed as a project in the County’s 1 & 6 Year Plan since 1997. Giving some background information, he noted that Arbor Links is a “signature” golf course that opened in 2002. In 2006, the business plan changed and the course became a designated facility. He cited three occasions when Nebraska City received notoriety in the Omaha World Herald as the location of this prestigious golf course. He said it is a viable asset to the County. His goal is to host national tournaments. People who golf there must travel down H Rd and dust is an atmosphere killer for them. He said a study in 1997 indicated 150 daily vehicles, but he contends there are more now. He researched accident reports on file at the Sheriff’s Office and found that vehicles have lost control on the road which he attributed to the washboard surface. Commissioner Crook said she met with Mr. Porter at the site. Since then, the road department has graded the road to smooth it out and added gravel to alleviate the dust.  Chairman Nelsen said there are many other roads that have more traffic and need repairs; the County has several bridges that have been washed out and need replaced; maintaining roads and bridges is costly. Commissioner Crook said the County is willing to do what has been done in the past – the landowner who requests application of chemicals for dust control pays the cost for purchasing the chemicals and the road department will prepare the road for application. Porter said the speed limit sign is posted at 35 mph, but most drivers ignore it, creating more dust the faster they drive.  Commissioner Freshman again offered to prepare the road for chemical application if Porter would agree to pay for the materials. Porter said to get him a price.

 

The County Clerk received a copy of an application being made by Susan K Porter to be a manager for Arbor Links Golf Course. Since the Golf Course maintains a Liquor License under the County’s jurisdiction, the Liquor Control Commission has requested that the County Board make a recommendation to approve or deny Porter’s application. The manager’s name must be listed on the liquor license. There being no objections, Commissioner Lade made a motion, seconded by Commissioner Freshman to make a recommendation to the Nebraska Liquor Control Commission to approve Susan K Porter’s application for being named Manager of Arbor Links Golf Course located at 6038 H Rd, Nebraska City, NE. Voting aye were Commissioners Crook, Kreifels, Freshman, Nelsen and Lade. Nay – none. Motion carried.

 

Commissioner Lade said there is a lot of work lined up for the road crews and questioned how to advertise for the next projects. Should the County bid materials and labor separately? Supervisor Denniston said the crews are now working on the 2007 FEMA projects; they don’t have time to work on the Soft Match projects. Chairman Nelsen suggested getting “by the hour” bids from local contractors for various jobs; then when the county crew is too busy the contractors can be called as needed.

 

Chairman Nelsen said the road worker who usually mowed around the shop area and along roadsides was injured. He suggested hiring someone on a temporary basis to do the mowing and all agreed.

 

The road secretary’s hours will be reduced from 40 to 24 hours per week effective May 4, 2009. She will work at the Nebraska City Road Shop on Mondays, Wednesdays and Thursdays 7:00 a.m. to 3:30 p.m. She won’t accumulate sick or vacation time, but won’t lose what she has already earned.   Commissioners agreed with this action.

 

The Board agreed to give the motor grader operator in the Unadilla area permission to report to the Syracuse Shop every morning; then drive a county pickup from Syracuse to the Douglas Shop where his grader will be stored.

 

Discussion was held about the three week advanced grading maps.  Denniston advised that it was almost impossible to keep up with this schedule for blading roads. All agreed to no longer require scheduling maps; just maps indicating when and where grading has been completed.

 

The Case grader warranty has expired. It is losing oil and has an electrical problem; it has become very expensive to maintain. Denniston said it was assigned to the construction crew to do finish work; it doesn’t have enough power to handle heavy work. Commissioner Lade thought it should be replaced while it had some trade-in value. Chairman Nelsen said he would price the cost of a new grader and check into lease purchasing as an option.

 

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 11:30 a.m. The next regular meeting will be held on May 12, 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 28th day of April 2009.

 

 

 

Janene Bennett

Otoe County Clerk