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 May 23, 2006, 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                                          MAY 23, 2006

 

         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: 1) M & K Tincher Subd requested by Mark and Kathryn Tincher

                                 2) R & M Powers 2nd Subd requested by Richard and Mary Powers

                                  3) Conditional Use Permit for a Bed & Breakfast requested by Richard and Nancy Jensen

                                                  (tabled by Planning Commission 5-18-06)

                                  4) Administrative Replat of Lot 1-B Steinhoff Subdivison                                                                                                                                          

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

                                    1)   Discussion and/or action RE: Utility permits

                                    2)   Discussion and/or action RE: Title page for BRO-7066(37) Unadilla North

                                    3)   Miscellaneous

 

        10:00 a.m.Pat Haverty, RCEDC Executive Director: Discussion and/or action RE: Budget request

                                   

        10:15 a.m. – Sarah Dean, SENCA: Proclamation

 

        10:30 a.m. – Open Bids: County Financial Audit Proposals

 

        10:45 a.m. -- Jerry Berggren, Architect: Renovation update

 

        11:00 a.m. – Steve Zimmers: Extension Office monthly report

 

        11:15 a.m. – Jon Day, Blue Valley Associate Director: Discussion and/or action Re: Funding for Meth

                                Treatment Program in Nebraska City

 

        11:30 a.m. – Convene as Board of Equalization

                               Public Hearings: To approve/disapprove Permissive Exemptions

                               Public Hearing: Personal Property Tax Protest  

 

          1:00 p.m. - Reconvene in regular session; roll call

 

          1:00 p.m. – Discussion and/or action Re: Health insurance proposals given by:

a)      Ray Meyer

b)      Tom Farrell

c)      Todd Drapal

d)      Kent Trelford-Thompson and/or Sue Warner

           

          The Renovation Committee will meet with the Board immediately following the presentation of health insurance proposals.                                                        

                 Other business matters to address when time allows:   

                          Jackie Smith, Treasurer: Tax Refund; Discussion and/or action Re: Arbor Day Closing

                          Marv Pesek - Executive session to review General Assistance cases and/or applications              

                         Miscellaneous Correspondence and other matters that may come before the Board

.                                                                                                       Janene Bennett

                                                                                                        County Clerk        

 

May 23, 2006

 

The Otoe County Board of Commissioners convened in regular session at 8:30 a.m. on May 23, 2006 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 Stratker and Commissioner Giittinger. None absent.

 

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

 

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

 

Commissioner Giittinger made a motion, seconded by Commissioner Schroeder to audit and sign payroll claims and regular claims unless otherwise noted. Voting – Commissioners Giittinger, aye; Schroder, aye; Commissioner Stratker, aye.  Motion carried.

 

Dave Schmitz presented three subdivision plats for approval.

1)     M & K Tincher Subdivision located in NW ¼ of the NW ¼ S34-T8-R14 as requested by Mark and Kathryn Tincher: The Tinchers purchased a 160 acre farm; they wish to subdivide 3 acres from the farm (that includes out buildings and a house) so that it can be sold separately. The new buyer intends to level the old buildings and a build a new house. Commissioner Stratker made a motion, seconded by Commissioner Giittinger to authorize Chairman Schroder to sign the plat map for M & K Subdivision located in the NW ¼ of the NW ¼ S34-T8-R14 as requested by Mark and Kathryn Tincher. Voting – Commissioners Schroder, aye; Stratker, aye; Giittinger, aye. Motion carried.

2)     R & M Powers 2nd Subdivision located in part of the SE ¼ of the NE ¼ S23-T9-R9 as requested by Richard L and Mary L Powers: Representing himself, Mr Powers said that he wishes to deed the 4.2 acre plot to his daughter and family where they plan to build a new home. Commissioner Giittinger made a motion, seconded by Commissioner Stratker to authorize Chairman Schroder to sign the plat map for R & M Powers 2nd Subdivision located in part of the SE ¼ of the NE ¼ S23-T9-R9 as requested by Richard and Mary Powers. Voting – Commissioners Stratker, aye; Giittinger, aye; Schroder, aye. Motion carried.

3)     Administrative Replat of Lot 1-B, Replat of Lot 1, Steinhoff Subdivision located in the N ½ of the SE ¼ S4-T8-R11: Bob Bruns is purchasing 8.38 acres of pasture ground from Norman Antes creating the need to replat Lot 1-B into two parcels. Commissioner Giittinger made a motion, seconded by Commissioner Stratker to authorize Chairman Schroder to sign the Administrative Replat of Lot 1-B separating it into Lot 1B-1 and Lot 1B-2.  Voting – Commissioners Schroder, aye; Stratker, aye; Giittinger, aye. Motion carried.

At the Planning Commission meeting held on May 18th, a hearing to consider approval of the issuance of a Conditional Use Permit for a Bed and Breakfast located in the NE ¼ S32-T8-R14 was tabled due to a clerical error on the application. The application was made out in the seller’s name when it should have been made out in the buyer’s name. The corrected application will be considered for approval at the June Planning meeting. Therefore, Commissioner Giittinger made a motion, seconded by Commissioner Stratker to table any action today until the matter has been heard by the Planning Commission. Voting – Commissioners Giittinger, aye; Schroder, aye; Stratker, aye. Motion carried.

 

Foremen Rich Kuenning and Lynn Denniston were present during the discussion of road and bridge matters.

 

Several utility permits were received requesting the County’s permission to occupy county road right of way while installing utility lines. Commissioner Giittinger made a motion, seconded by Commissioner Stratker to approve issuance of the following utility permits: Three to Alltel to install telephone lines at the following locations: 1) East of the SW corner S23-T9-R10; 2) South of the NE corner of S21-T8-R14; 3) North of the W ½ mile line corner S28-T8-R14 and One to Magellan Pipeline to lower an existing petroleum product line on the north and south sides of a road located west of Hwy 75 in S13-T8-R13. Voting – Commissioners Stratker, aye; Schroder, aye; Giittinger, aye. Motion carried.

 

Regarding BRO-7066(37) located east of Intersection D-20: Commissioner Giittinger made a motion, seconded by Commissioner Stratker to authorize Chairman Schroder to sign the title page of the design drawings as prepared by Speece Lewis Engineers, accepting and approving the proposed bridge design for BRO-7066(37). Voting – Commissioners Giittinger, aye; Schroder, aye; Stratker, aye. Motion carried.

 

The foremen discussed various projects they are currently working on. Kuenning noted the tube inventory is low. They will also need to purchase motor grader tires.

 

Other business matters were addressed at this time.

 

Commissioner Giittinger made a motion, seconded by Commissioner Stratker to issue a tax refund to Gary Pickering in the amount of $32.76 as reimbursement for taxes paid on a shed that had been removed from his property. Voting – Commissioners Schroder, aye; Stratker, aye; Giittinger, aye. Motion carried.

 

County Treasurer, Jackie Smith, said she would like the Board to consider keeping the Courthouse open when Arbor Day lands on the last work day of April. Since taxes become delinquent the 1st day of May, many taxpayers are inconvenienced by not being able to pay their taxes that day. When they arrive at the courthouse to find it closed, they become very upset. She suggested closing the Courthouse on the traditional Arbor Day, which is April 22nd or give employees a floating holiday of their choice. Commissioner Schroder asked Ms. Smith to take a survey of all other elected officials to get an indication of their feelings on the matter and to bring the results back at a later date.

 

Marv Pesek, General Assistance Administrator, said he had nothing to present to the Board today.

 

 

Pat Haverty, Executive Director for RCEDC, came before the Board to discuss his budget proposal for FY06-07. Due to a number of changes, he is requesting a contribution of $38,000, which is a $3,000 increase from the previous year. His entire proposed budget is $10,000 more than last year. According to his worksheet, he added a new line of $5,000 for advertising, which includes $4,000 dues to join the Lincoln Area Development Partnership. As a member, RCEDC is provided with cooperative marketing & advertising trade show attendance at a reduced price. Other increased expenditures include website maintenance and salary for a part-time employee. He said he will be seeking increased contributions from the City of Nebraska City, the Nebraska City Utilities as well as other business partnerships.

 

Sarah Dean, Family Development Associate for SENCA, announced that May has been designated as Southeast Nebraska Community Action month. Therefore, she asked the Board to sign a Proclamation reaffirming the designation. Commissioner Giittinger made a motion, seconded by Commissioner Stratker to sign the Proclamation designating the month of May as Southeast Nebraska Community Action month. Voting – Commissioners Stratker, aye; Giittinger, aye; Schroder, aye. Motion carried. Ms. Dean noted that the SENCA office has been moved from Saint Mary’s Hospital to the 6th Floor of Riverview Terrace.

 

At 10:30 a.m. bids were opened and publicly read for the service of providing a financial audit of county affairs. The following four proposals were received:

VENDOR                                                      1 year option                              3 year option

                                                                            FY06                          FY06           FY07          FY08                                                       

Dana F Cole & Co, Lincoln              $11,900                     $11,400     $11,970     $12,570

Sharon A Staddon CPA, Eagle                  $  7,400                   $ 7,400     $  8,000     $  8,500

Hayes & Associates, Omaha                    $12,000                   $12,000    $12,500     $13,000

Timothy J Cortney, CPA, Council Bluffs   $  8,495                   $  8,095     $ 8,295     $  8,500

 

Dana Cole was the only vendor present. He said he has been performing county audits for the last 20 years so he familiar with county affairs and GASB34 regulations. He has several employees and would expect the audit to take at least four days to conduct. Commissioner Giittinger made a motion, seconded by Commissioner Stratker to have the County Clerk and County Attorney review the proposals and make a recommendation at the next meeting. Voting – Commissioners Giittinger, aye; Schroder, aye; Stratker, aye. Motion carried.

 

Architect Jerry Berggren reported that he received two bids for installation of data cable throughout the courthouse. Black Box submitted a bid of $28,655 while Alltel’s base bid was $27,390. He reviewed other factors to consider: 1) Hourly rate for additional work – Black Box would charge $45 per hour; Alltel $60.00; 2) Warranty – Black Box had a lifetime warranty; Alltel 25 years; 3) Alltel is familiar with the building since they have already installed telephone wires. 4) Completion date - Alltel 35 days; Black Box 25 days. Berggren said both were reputable companies. Commissioner Giittinger made a motion, seconded by Commissioner Stratker to accept the low bid submitted by Alltel in the amount of $27,390 for the installation of data cable throughout the courthouse. Voting – Commissioners Schroder, aye; Giittinger, aye; Stratker, aye. Motion carried.

 

Berggren then introduced Dave from Security Systems who had submitted a proposal to install a complete lightning protection system for $19,640. At the April 12th meeting, the Board voted to settle for a one-line system that would protect the Motorola communication equipment; cost was not to exceed $5,000. The gentleman from Security Systems said there should be two paths to be up to code. The question is – do you just want to protect the communication equipment or everything else? The roofers would need to be called back if the Board decides to go with a complete system increasing the cost even more. Commissioner Giittinger made a motion, seconded by Commissioner Stratker to proceed with the one line system as approved at the April meeting; total cost will be $6,137. Voting – Commissioners Giittinger, aye; Schroder, aye; Stratker, aye. Motion carried.

 

Commissioner Stratker reported that he has looked at storage and office space available at American National Bank. However, he did not know how much the rental fee would be.

 

There have been numerous problems with the shower drains in the jail facility. Ronco offered a proposal of $2,716.98 to remove concrete, fix the drain and reconstruct the shower floor. Commissioner Giittinger made a motion, seconded by Commissioner Stratker to accept the proposal to repair the shower drain and floor for a total cost of $2,716.98. Voting – Commissioners Schroder, aye; Stratker, aye; Giittinger, aye. Motion carried.

 

Steve Zimmers, County Extension Educator, gave his monthly report. The summer intern started working at the office the first of May. She is majoring in nutrition so she will work closely with Sarah Purcell. Zimmers will hold a GPS workshop for kids this summer as well as many horticultural activities. He noted that 4-H membership is up this year and anticipates many entries in the County Fair.

 

John Day, Associate Director for Blue Valley Mental Health Center, came before the Board to give an updated report on the progress of attaining funding for the Methamphetamine Treatment Program in Nebraska City. Last June, the Sheriff’s Department was awarded a grant to initiate a meth treatment program. The primary components of this program include an adult intensive outpatient group counseling for 10 hours per week, individual counseling as needed and community education. Since its inception, 75 people have received services. Earlier this year, he met with Senator Lavon Heidemann who is very supportive of the program. Senator Heidemann plans to pursue funding for this program in the next legislative session. In the mean time, Day said he is trying to find funding for FY07. The total amount needed is $70,000. He plans to receive $42,000 from the Sheriff’s grant, but needs to raise an additional $28,000. So he is seeking financial aid from the four counties who have had constituents involved in the program. He calculated a contribution schedule proportionally divided in accordance with the number of clients served from each county. Johnson County has agreed to contribute $2,800 and Richardson County will pay $4,200; he will ask Nemaha County for $7,000 and is seeking a contribution of $14,000 from Otoe County. The Board agreed it is a worthwhile program and will take his request into consideration when planning the budget. Jillian Todd, a counselor for the meth treatment program was also in attendance.

 

At 11:40 a.m. Chairman Schroder called for a recess from regular session.

 

At 11:41 a.m. the Commissioners convened as the Board of Equalization. Answering present at roll call were Commissioner Schroder, Commissioner Stratker and Commissioner Giittinger.

 

As advertised, representatives of organizations applying for tax exemption were invited to give testimony at a public hearing held for the purpose of considering approval or disapproval of their submitted applications.

 

Alan and Julie Wood, representing Sunrise EquiTherapy Inc., gave a brief report of their progress since the property was purchased in 2005.  The parcel is used as a site for horseback riding designed to provide therapy for children and adults with cognitive and physical disabilities. This will be the first year that they will be able to harvest their own hay for the horses. They plan to enhance the nature trail, add fencing, continue to improve the pasture and begin construction of buildings. Since it is a non-profit organization they will be seeking donations from private industries to fund these projects. County Assessor, Brandi Reimers said all the criteria has been met to qualify them for exemption and recommended Board approval. Commissioner Schroder made a motion, seconded by Commissioner Giittinger to approve the application made by Sunrise EquiTherapy for exemption on real and personal property taxes for tax year 2006. Voting – Commissioners Schroder, aye; Giittinger, aye; Stratker, aye. Motion carried.

 

There were no other applicants to appear before the Board.

 

The Board reviewed 5 other applications.

 

Upon the recommendation of Assessor Reimers, Commissioner Giittinger made a motion, seconded by Commissioner Schroder to approve the application for tax exemption from personal property as submitted by Saint Elizabeth Physician Network DBA Nebraska City Medical Clinic; said entity qualifies as a charitable organization. Voting – Commissioners Stratker, aye; Schroder, aye; Giittinger, aye. Motion carried.

 

Prior to 2006, the First Methodist Church of Syracuse was granted a partial exemption due to a portion of the building being rented for a preschool operation. Since the lease terminated and there no longer is a preschool located in the Church, Assessor Reimers recommends full exemption for tax year 2006. Commissioner Schroder made a motion, seconded by Commissioner Giittinger to approve full tax exemption for the First Methodist Church of Syracuse for tax year 2006 since the entire property is used for religious purposes only. Voting – Commissioners Giittinger, aye; Stratker, aye; Schroder, aye. Motion carried.

 

The Historical Preservation Society of the Nebraska City Volunteer Fire Department purchased 3 lots northeast of the Fire Station where they plan to build a firefighters museum. They have demolished the houses and will begin construction soon. Upon the recommendation of the Assessor, Commissioner Giittinger made, seconded by Commissioner Schroder to approve the application made by the Historical Preservation Society of the Nebraska City Volunteer Fire Department for tax exemption based upon its qualification as an educational facility. Voting – Commissioners Schroder, aye; Stratker, aye; Giittinger, aye. Motion carried.

 

The Otoe County Wildlife Club applied for tax exemption on the basis that it offers education in wildlife management, firearms safety and wildlife conservation. Assessor Reimers presented a copy of a Findings of Facts and Conclusion of Law regarding a case heard by the TERC Board in 1998. The Bellevue Rod & Gun Club was denied tax exemption because the Tax Commission determined that the Club did not meet the definition of “an institution operated exclusively for the benefit and education of the public.” Based on this TERC case and her determination that the Wildlife Club is a gun club, Assessor Reimers did not recommend approval for tax exemption. Commissioner Schroder made a motion, seconded by Commissioner Giittinger to deny tax exemption to the Otoe County Wildlife Club. Voting – Commissioner Stratker, aye; Giittinger, aye; Schroder, aye. Motion carried.

 

The 806 Historical Preservation Foundation located at 806 1st Avenue provides office space for the Chamber of Tourism & Commerce and River Country Economic Development Corporation. The facility is used to provide public service and education of the community. Upon the recommendation of the Assessor, Commissioner Giittinger made a motion, seconded by Commissioner Schroder to approve the application for tax exemption as requested by the 806 Historical Preservation Foundation. Voting – Commissioners Giittinger, aye; Schroder, aye; Stratker, aye. Motion carried.

 

This concluded the public hearing conducted for the purpose of considering approval or disapproval of the 2006 permissive tax exemptions.

 

There was one personal property tax protest hearing scheduled.

 

Larry Kunc, CPA, filed a Personal Property Tax Protest form protesting the valuation placed on personal property owned by Wes Malone / Malone Construction. According to the written testimony attached, he is requesting that the value of machinery overhauls totaling $74,168 be removed from the personal property assessment sheet. He stated that the overhauls did not extend the useful lives of the equipment involved but merely brought them into operating condition. He also asked that the 1998 CAT Excavator be removed since it had depreciated out. The Assessor presented a copy of an Information Guide published by the Department of Property Assessment & Taxation. According to its contents, depreciable overhauls of depreciable tangible personal property that substantially prolong the life of the property are subject to taxation at the net book value. The total current assessed value is $97,060; the taxpayer’s requested value is $49,059. Assessor Reimers recommended to remove the Excavator from the property tax schedule, but to maintain the overhauls as taxable property. Commissioner Giittinger made a motion, seconded by Commissioner Schroder to agree with the Assessor’s recommendation and to set the value at $84,948. Voting – Commissioners Schroder, aye; Stratker, aye; Giittinger, aye. Motion carried.

 

There being no further business to come before the Board of Equalization at this time, and since all items on the agenda have been disposed of, Henry A Stratker, Chairman of the Board, declared this meeting adjourned at 12:10 p.m.

 

Chairman Schroder announced that the Board of Commissioners will reconvene in regular session at 1:00 p.m. and the Board members were dismissed for lunch.

 

At 1:02 p.m. Chairman Schroder called the meeting to order. Answering present at roll call were Commissioner Schroder, Commissioner Stratker and Commissioner Giittinger.

 

Four vendors had indicated an interest in presenting proposals to provide health insurance services for the County. Chairman Schroder asked that they limit their time to twenty minutes each.

 

Ray Meyer and Eric Templin represented Midwest Insurance and Associates. Mr Meyer offered a partial self-funded plan whereby the County would deposit the premium payments monthly into a local bank account. As the administrator of the plan, his company would have access to pay insurance claims out of the bank account. Any money that is leftover stays with the County, not the insurance company. He designed a benefit schedule comparable to the current Blue Cross plan. According to his worksheet, the County could gain over $100,000 in savings if there were no catastrophic claims submitted. He said his company promotes wellness so all employees and spouses would be provided with free blood work. If the results indicate a problem, the employee would be encouraged to take it to his family doctor for treatment. Their intention is to catch problems in the early stages and save money in the long run. They utilize the Midlands Choice PPO network. He provided a list of 7 counties in Nebraska as references.

 

Tom Farrell and Dave LeGrand were in attendance, but reported that Midland Security Insurance Company declined to offer a quote based on census information from an outside source. They had asked the county employees to complete health insurance forms so they provide a firm quote. However, about 60 out of 80 forms were returned; and about half of the returned forms were not filled out completely.

 

Todd Drapal had indicated he was going to offer a quote from United Health Care and/or Mutual of Omaha; however, he did not appear as scheduled.

 

Kent Trelford-Thompson, representing Blue Cross Blue Shield, said there was going to be minimum modifications to the current plan; but the primary change was in the payment schedule for prescription drugs. BCBS will be going from a 3 tier co-pay plan to a 4 tier co-insurance plan. The $5 co-pay for generic drugs will remain the same. The insured’s cost for formulary and non-formulary drugs will be based on a percentage of the total drug cost with a minimum charge of $25 and maximum of $75.  The 4th tier will include “Specialty Drugs” that are usually injected and very expensive. The overall rate increase was 9.2 %, but with NACO’s buy down the premium increase will be 4%. All other services will remain the same - provide a $10,000 life insurance policy for all participants, provide Section 125 and COBRA administration, and continue the funding of a wellness program.

 

Several questions were fielded from the audience. The Board will make a decision at the June 13th meeting.

 

Several office holders and probation personnel gathered to discuss concerns and ideas of where the probation offices should be located. In their absence, County Court Judge John Steinheider and District Court Judge Randall Rehmeier submitted letters urging the Board to keep the office of probation in the Courthouse. They emphasized that probation is an integral part of the judicial process. Removal of the probation offices would be a substantial inconvenience to the courts, the attorneys and probationers. The Public Defender, County Attorney, and Sheriff all agreed that the probation officers should stay inside the courthouse. If probation records are not easily and quickly accessible, there could be delays in court causing additional expenses. There also is a safety issue to consider as well as the time and money it would cost to track down probationers who fail to report to an off-site probation office. Jodi York, Chief Probation Officer for this district, said the probation officers prefer to remain within the courthouse as long as there is room for them. She said Otoe County has been assigned to pilot a new daily reporting program designed for substance abuse offenders who have been screened and motivated to make improvements in their lives. The reporting office is to be open from 8:00 a.m. to 9:00 p.m. It is a place where probationers are provided with life skills education and counseling; they will also receive help in locating and applying for jobs.  

 

Berggren said he has been consulting with Ms. York to determine how much space would be needed for probationary services. He proposed to remodel the basement by making storage rooms into office/meeting space. He also had drawings that divided the old Commissioner’s Room on second floor into three offices; the west end of corridor was divided into two interview rooms. However, he didn’t have any idea of the cost. The discussion will be continued at the June 13th meeting.

 

There being no further business to come before the Board at this time, and since all items on the agenda have been disposed of, Joy W Schroder, Chairman of the Board, declared this meeting adjourned, until the next one, which will be on June 13, 2006.

 

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 23rd day of May 2006.

 

 

Janene Bennett

Otoe County Clerk