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 27, 2008, 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 27, 2008

        

         8:30 a.m. -- Open Meeting; call roll; accept agenda; accept minutes from  

                                previous meetings; audit and sign payroll claims and regular claims

 

         8:35 a.m. -- Rick Sedersten, Custodian: Discussion and/or action RE: Security system for door in basement

                                 stairwell

         8:45 a.m. – Public Hearing: Vogt Subdivision located in the SE ¼ 14-9-10 as requested by Jason Zeorian

                             Public Hearing to hear support or objections to the issuance of a Conditional Use Permit to WDSS

                                Enterprises for a Shooting Range and Animal Kennel located in S16-T7-R9

       

         9:15 a.m.  – Glen Steffensmeier, Highway Supt: Discussion and/or action regarding road and bridge matters

a)      Personnel issues (executive session)

b)      Washington Street Paving Project STPE 3595(7) in the Village of Douglas

c)      Motor grader repair estimates

d)      Overrun days for Bridge Project 7066(25) Palmyra SE

e)      Miscellaneous

 

        10:00 a.m. – Jon Day, Executive Director for Blue Valley Behavioral Health: Annual report and budget request

 

        10:15 a.m. -- Tammy Timms, Five Rivers RC & D: Annual report and dues request; presentation 

                                  of a 5 year Area Plan                                

      

        10:45 a.m. – Public Hearing to hear support or objections to approve the application for a Farm Winery

                                Liquor License made by Michael Murman for Glacial Till Vineyard & Winery

 

       

                            

        Other business matters to address when time allows

                   Therese Trombino, Deputy Co Assessor: Discussion and/or action RE: Tax list correction

                    Janene Bennett, County Clerk: Discussion and/or action RE: Subgroup application for Blue Cross/

                                  Blue Shield Health Insurance renewal

                        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.        

 

 

 

May 27, 2008

 

The Otoe County Board of Commissioners convened in regular session at 8:30 a.m. on May 27, 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, came before the Board to present a quote from Security Equipment Inc for the purchase of a card reader for the basement stairwell door. He said the door was equipped with a magnetic lock when the security system was installed over a year ago. At the time, he didn’t think it was necessary to install a card reader. However, there have been at least three occasions when he needed to get into the stairwell but couldn’t without going to the second floor and down the back stairway. There is wiring and radio equipment located in the stair well as well as a submersible pump. The quote was $883 for the card reader and $4 per month service fee. Commissioner Schroder made a motion, seconded by Commissioner Haverty to approve purchase of the card reader, but asked Sedersten to investigate the reason for a monthly service fee.  Voting – Commissioners Schroder, aye; Haverty, aye. Motion carried.

 

The County Clerk reported that the premiums for NACO’s Blue Cross/Blue Shield Health and Dental Insurance Plan will increase 8.46% this year. There are no benefit changes in the Plan; the 90 day eligibility waiting period and minimum of a 32 hour work week will remain the same as last year. Since July 2004 the County chose to participate in the $1000 deductible plan. The subgroup application for renewal must be submitted to NACO by June 1st. Commissioner Schroder made a motion, seconded by Commissioner Haverty to authorize Chairman Haverty to sign the subgroup application for Blue Cross/Blue Shield Health Insurance renewing the County’s policy for FY08-09. Voting – Commissioners Haverty, aye; Schroder, aye. Motion carried.

 

Commissioner Haverty said he received notice from the State Property Tax Administrator that no adjustments to the value of a class or subclass of real property in Otoe County is being required for tax year 2008. This means the level of value and equality of assessments of real property in the County has been accepted by the State.

 

Regarding Vogt Subdivision located in the SE ¼ S14-T9-R10: Dave Schmitz, Zoning Administrator, said he received notification from Jason Zeorian that he has not received the results of a water quality test on the property. Commissioner Schroder made a motion, seconded by Commissioner Haverty to table action to approve the subdivision until a test indicates good water availability. Voting – Commissioners Schroder, aye; Haverty, aye. Motion carried.

 

A public hearing was held to hear support or objections to the issuance of a Conditional Use Permit to WDSS Enterprises that would allow the owner to create a shooting range and animal kennel on property located in the N ½ of the SW ¼ and the NE ¼ of the NE ¼ and the S ½ of the NE ¼ and the NW ¼ of the SE ¼ in S16-T7-R9. Lee Hamann, Attorney, represented Bill and Sue Ellen Willett, owners. Hamann said the application was approved at the Planning Commission meeting but with specified restrictions. He said the Willetts plan to construct a metal building with a bungalow to accommodate overnight guests, mostly friends and relatives. Mr. Willett owns 12 dogs, but other hunters may bring their own dogs for Field Trial days. Field Trial is voluntary organization sanctioned by the American Kennel Club. Hamann reviewed the following list of restrictions/stipulations, including suggestions for clarification. 1) He assured the Board the shooting range is not intended for commercial use and there would be no commercial hunting. 2) Provide six sewer hookups for campers. 3) The Planning Commission required “no boarding of dogs”. Mr. Hamann asked that it be changed to “no commercial boarding of dogs”. 4) There shall be no payment for hunting except for entry fees. Mr Hamann asked the entry fees be clarified to AKC Field Trial entry fees. 5) Dog trials are limited to two weekends a year with proper notice – placement of an 18” x 24” poster on the three public roads abutting the property with Notice in a Public Place two weeks before the trial and notification to landowners within 1 ½ miles. Hamann asked that “dog trials” be replaced with AKC Field Trial events”. 6) Security fence shall be installed around the building where dogs will be kenneled and not to have more than 40 dogs at a time. Hamann asked that the language be changed from “not to have” to “not kennel”. 7) Shooting hours shall be from 7:30 a.m. to 6:00 p.m. Hamann suggested that the words “AKC Field Trial” be added at the beginning of the sentence. 8) Conditional use to be subject to yearly review. Hamann requested deletion of this requirement noting that the County has the legal right to review compliance and investigate any legitimate citizen complaints at any time. He also presented the Board with 3 letters of support from surrounding land owners and businessmen. Chairman Haverty asked Schmitz if he objected to any of the clarifications as suggested. Schmitz said he was not certain whether the clarifications should be taken to the Planning Commission again. Commissioner Haverty made a motion to send the revised restrictions/stipulations back to the Planning Commission for its approval. Mr. Hamann then announced he would withdraw his requests for revisions to prevent any more delays. The motion died for lack of a second. Steve Lade, a concerned landowner, asked if he could express further changes. He would like the words “no commercial” restriction to be added to the phrase “no boarding of dogs”, but questioned why the Willets should need a kennel permit at all. Don Buchanan who owns 80 acres east of the proposed range area, said he has no objections to hunting. However, he has a catch pen across the road that he uses when he vaccinates or works on cattle. The proposed kennel is 400 feet from the road and he felt the building should be placed further back from the road making it a greater distance from his catch pen.  Chairman Haverty closed the public hearing. Commissioner Haverty made a motion, seconded by Commissioner Schroder to approve issuance of a Conditional Use Permit to WDSS Enterprises that allows them to construct a shooting range and animal kennel on property located in S16-T7-R9, using the restrictions/stipulations recommended by the Planning Commission. Voting – Commissioners Haverty, aye; Schroder, aye. Motion carried.

 

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

 

Steffensmeier presented a Title Sheet for the Washington Street Paving Project STPE 3539(7) in the Village of Douglas. Signing the Title Sheet indicates the County Board’s approval of the engineering design for the project. Steffensmeier said even though there is no funding at this time we need to have the paperwork in order so that when funds become available the project will move forward. Commissioner Schroder made a motion, seconded by Commissioner Haverty to authorize Chairman Haverty to sign the Title Sheet for the Washington Street Paving Project, approving the design for said project. Voting – Commissioners Schroder, aye; Haverty, aye. Motion carried.

 

L J Webb Contractor who was the general contractor for Bridge Project BRO-7066(25) Palmyra SE sent a letter to the Board members requesting them to relieve him of the penalty for 16 overrun days charged against him. He noted weather and several change orders were major factors that caused him delays in getting the project complete in the allotted amount of time. Steffensmeier said the contractor did a good job and recommended that he not be charged a penalty. Commissioner Haverty said he remembers when Steffensmeier reported that he visited the project on occasion and found that the workers were quitting early when they could have been working. He suggested penalizing the contractor for half of the days, that being 8 days of the 16. Commissioner Haverty made a motion, seconded by Commissioner Schroder to penalize L J Webb Contractor Inc for 8 days overrun regarding Bridge Project BRO-7066(25) Palmyra SE.  Voting – Commissioners Haverty, aye; Schroder, aye. Motion carried.

 

Larry Miller, Parts and Sales Representative for Nebraska Machinery, came before the Board to review price estimates for repair work on several Caterpillar motor graders. To completely recondition the engine of Motor Grader #56, (a 1998 Cat 140H) would cost $19,500; the hydraulic pump could be rebuilt for $3600; replacing all hoses at the articulation joint is an additional $2500 for a total cost of $26,600. Steffensmeier said the machine has new tires and has always been kept in a building. Miller said the reconditioned engine will get a 2 year 3000 hour warranty and the machine would become more valuable as a trade-in in the future. Commissioner Schroder made a motion, seconded by Commissioner Haverty to proceed with the repairs as outlined above. Voting – Commissioners Schroder, aye; Haverty, aye. Motion carried.

 

Miller also prepared a quote for 140(H) Cat Certified Rebuilds. The base price of $72,000 includes taking out everything and reconditioning the engine (with updates), transmission, differentials, radiator, parking brake and replacing batteries, alternator, and cables. It also includes paint, decals, new windshield, new seat, etc. The machine will look like new when finished and will have a 3 year 5000 hour warranty. While the machine is torn down, the mechanics will check the front axle, articulation joint, gear box, etc. If reconditioning is recommended for any of these areas, each job will cost extra. Miller said it would take 3-4 weeks to completely rebuild a machine. The cost to purchase a new machine is well over $200,000. Board members agreed to have a mechanic thoroughly check the Otoe 140H Motor Grader and the Lorton 140G Motor Grader and submit a firm price for each one. Miller said the quoted prices are good until September. He also noted that certified rebuilds qualify for Cat Financing that may be paid by monthly installments.

 

Steffensmeier said he applied for a Corp Permit for the Unadilla West Bridge Project. He was assured a permit would be issued by speaking to someone on the phone, but he asked that they send written confirmation also. Regarding Bridge CC66053230 west of Intersection P-60: he said the engineer has changed the channel so that it will be easier to get a Corp Permit.

 

Therese Trombino, Deputy County Assessor, presented the following tax list corrections: 1) James & Lori Heine – add $10.06 for tax year 2006; add $8.38 for tax year 2007; add $7.32 for tax year 2008 – greenbelt adjustment disallowed; 2) Henry Bose – deduct $65.72 for tax year 2006; deduct $72.62 for tax year 2007 – corrected number of tillable acres in accordance with FSA map. Commissioner Schroder made a motion, seconded by Commissioner Haverty to approve the tax list corrections as presented above. Voting – Commissioners Schroder, aye; Haverty, aye. Motion carried.

 

At 9:55 a.m. Commissioner Haverty made a motion, seconded by Commissioner Schroder to go into executive session to discuss a personnel issue with Highway Superintendent Glen Steffensmeier and County Attorney, Dave Partsch.  Voting – Commissioners Haverty, aye; Schroder, aye. Motion carried.

 

At 10:02 a.m. Commissioner Schroder made a motion, seconded by Commissioner Haverty to go back into regular session. Voting – Commissioners Schroder, aye; Haverty, aye. Motion carried. No action taken while in executive session.

 

Jon Day, Executive Director for Blue Valley Behavioral Health, appeared before the Board to give his annual report and make a budget request. Blue Valley is a private non profit organization that serves 15 counties in Southeast Nebraska. Out of the 800 people served last year, about 25% needed counseling for substance abuse. The counselor not only works with the abusers, but with their families and others who are affected by their habit. The counseling has proven beneficial to the County by keeping offenders out of trouble, out of jail, and out of the court system. Mr. Day requested that the County continues its financial support of $9000 for the upcoming fiscal year.

 

Tammy Timms introduced herself as the new Coordinator for the Five Rivers RC & D Association. Doc Gigstad, who represents Otoe County on the RC & D Board, was also present. Ms. Timms noted the Association is administered by the Natural Resources Conservation Service. Its mission is to educate citizens, develop leadership and revitalize our region through cooperative partnerships and natural resources. Some of last year’s projects included setting up household hazardous waste and used computer collection sites; working with County Weed Superintendents in weed management activity; and sponsoring wine making schools. They have assisted counties by writing grants for projects such as tire collections. They are currently applying for a grant to conduct a water study in southeast Nebraska. Ms. Timms said they have written the 2008-2013 Area Plan that focuses on four primary topics: Land conservation, Water Management, Community Development, and Land Management. It is their objective to promote progressive rural communities; a safe, healthy and productive environment; tourism and recreation opportunities; and viable and sustainable farms and businesses. She asked for the County’s continued support by renewing its annual dues of $300.

 

A public hearing was held to hear support or objections for the issuance of a Class Y Liquor License (Farm Winery) to Glacial Till Vineyard & Winery LLC located at 344 S 2nd Rd, Palmyra. Michael Murman, owner and his son John Murman, were present for the hearing. Mr. Murman said he purchased the farm 7 years ago to establish a vineyard. Now he would like to make wine with the grapes that are ready for production. There being no objections, Commissioner Schroder made a motion, seconded by Commissioner Haverty to make a recommendation to the Nebraska Liquor Control Commission that they approve issuance of a farm winery liquor license to Glacial Till Vineyard & Winery, Michael Murman - owner. Voting – Commissioners 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 Schroder made a motion, seconded by Commissioner Haverty to adjourn the meeting, until the next one, which will be on June 8, 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 27th day of May 2008.

 

 

 

 

Janene  Bennett

Otoe County Clerk