NOTICE OF MEETING

NOTICE OF MEETINGS

June 9, 2009

Otoe County Courthouse

Nebraska City NE 68410

NOTICE IS HEREBY GIVEN that the Otoe County Board of Commissioners will convene as the Board of Equalization at 8:15 a.m. on June 9, 2009. The Otoe County Board of Commissioners will convene in regular session at 8:30 A.M. on June 9, 2009. Both meetings will be held in the County Courtroom (108) of the Otoe County Courthouse at Nebraska City. An Agenda for such meetings is kept continuously current, and is available for public inspection at the office of the County Clerk at the Courthouse; however, the agenda may be modified at such meetings to include items of an emergency nature only.

AGENDA FOR THE BOARD OF EQUALIZATION MEETING

8:15 a.m. – Open meeting, Roll Call, Open Meetings Act Posted, Accept Agenda, Accept Minutes from

previous meeting

Therese Gruber, County Assessor: Discussion and/or action RE: Tax List Corrections

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AGENDA OF THE REGULAR MEETING

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

9:00 a.m. – Jodi York and Julie Micek, Probation Officers: Give overview of Day Reporting Program

and other probation services

9:15 a.m. – Janis Riege, Clerk of District Court: Discussion and/or action RE: Microfilmed files

9:20 a.m. -- Safety Committee meeting report

10:00 a.m. – Open bids for purchase of new 2009 motor grader; Discussion and/or action to award bid

10:10 a.m. – Glen Steffensmeier, Hwy Supt and Lynn Denniston, Lead Supervisor: Road and Bridge matters

1) Discussion and/or action to appoint Jonathon Brinkman as temporary foreman.

2) Discussion and/or action to award bid for new fueling system

3) Accept bid proposals for Soft Match Projects: Construction C006623515; Construction C006602615; Materials C-66(444); Construction C-66(444)

4) Discussion and/or action regarding road rock

5) Discussion and/or action RE: Demolition of old Douglas Shop and construction a new one

6) Miscellaneous

Other business matters to address when time allows:

Discussion and/or action RE: Contract renewal with Steve Kraviec as Authorized Attorney for Child

Support Enforcement

Jackie Smith, Co Treasurer: Discussion and/or action RE: Pledged securities

Discussion and/or action RE: Amended Highway Easement Deed for Valmont Drive

Discussion and/or action RE: Commissioner Deeds conveying property to the Land Reutilization

Commission

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.

June 9, 2009

The Otoe County Board of Commissioners convened in regular session at 8:30 a.m. on June 9, 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. Advance notice of this meeting was published in the Nebraska City News Press and Syracuse Journal Democrat, announced on KNCY radio station 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 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 Freshman made a motion, seconded by Commissioner Crook 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 Crook made a motion, seconded by Commissioner Kreifels 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 Crook 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 Freshman made a motion, seconded by Commissioner Crook to approve payment of the regular claims with the exception of a claim regarding a building permit to construct a road shop in the Village of Douglas. 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.

Other business matters were addressed at this time.

For the past several years, the County has been contracting with Stephen Kraviec, as the Authorized Attorney responsible for providing legal services regarding child support enforcement in Otoe County. Mr. Kraviec presented a renewal contract in which he agrees to provide such services for the same rate of pay ($12,600 annually) as last year. Upon review and approval of the Otoe County Attorney, Commissioner Kreifels made a motion, seconded by Commissioner Freshman to authorize Chairman Nelsen to sign a Child Support Enforcement Contract by and between the Otoe County Board of Commissioners and Stephen Kraviec accepting the terms and conditions as presented. Voting aye were Commissioners Nelsen, Lade, Crook, Kreifels and Freshman. Nay – none. Motion carried.

At the May 12, 2009, Board Meeting, a Highway Easement Deed (involving Valmont Drive that leads to the Lewis & Clark Interpretive Center) was presented and approved. However, when the deed was taken to the Register of Deeds for filing, a signed Real Estate Transfer Statement was missing and a request was made to add language to Exhibit A referencing a survey plat made by David Schmitz, Otoe County Surveyor. The National Park Service made the changes on the Easement Deed as requested and is now returning it for board approval and signature. Commissioner Freshman made a motion, seconded by Commissioner Lade to authorize Chairman Nelsen to sign the amended Highway Easement Deed granting the County a perpetual easement for Valmont Drive. 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 Attorney prepared three Commissioner Deeds conveying property to the Land Reutilization Commission who has found buyers interested in purchasing parcels that were not sold at tax sales for want of a buyer. After these parcels are sold to individuals, they will be added back to the tax rolls. Commissioner Crook made a motion, seconded by Commissioner Freshman to authorize the Chairman to sign Commissioner Deeds conveying properties to the Land Reutilization Commission legally described as: Lot 5, Block 85, Nebraska City Proper; Lot 1, Block 6, Anderson’s Addition to Nebraska City; Lot 4, Block 35, Anderson’s Addition to Nebraska City. 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.

County Treasurer, Jackie Smith, requested the release of pledged securities with Arbor Bank, Nebraska City, in the aggregate amount of $1,443,188.78 and replacing them with a single pledging of $1,000,000. She noted the released securities either matured or were called in early by the bank. Commissioner Crook made a motion, seconded by Commissioner Kreifels to adopt Resolution 2009-35 approving said transactions. 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.

Jodi York, Chief Probation Officer of the Fifth District, introduced Julie Micek as the Coordinator of the Day Reporting Center and Linda Unger who is the head probation officer in Otoe County. Ms. York began by listing some of the services that the Probation Office provides such as presentence and predisposition investigations and supervision of offenders the Courts feel are appropriate candidates to be released to the community rather than using county or state funds to incarcerate them. She said Linda Unger provides day to day services to low risk offenders and currently is working with 130 juveniles and adults. The SSAS (Specialized Substance Abuse Supervision) Officer handles high risk cases. A Day Reporting Program was developed several years ago which can be utilized by both levels of supervision. One of the most used programs is Moral Reconation Therapy (MRT) designed for participants to change their thought patterns in an attempt to change their behavior patterns. The Day Reporting Center, located in the basement of the Courthouse, not only offers services to probationers, but is open to any Otoe County citizen. They work with DHHS who refers individuals that want to attend GED classes, parenting and/or budgeting classes, learn employability skills, etc. All of these classes are free to the public and are funded by a $100,000 grant from the State. Ms. York said there are six Day Reporting Centers in Nebraska, but Otoe County is the only one that is considered to be a rural site and model to the rest of the state. The Fifth District serves Sarpy, Cass and Otoe Counties. The State pays for probation employees’ salaries, but the counties are responsible for providing office space, equipment and supplies. The total FY10 proposed budget is $122,000; Otoe County will be assessed about $7,000 for its share.

Last year, the previous Board approved payment for Janis Riege, Clerk of the District Court, to have old tri-fold court files microfilmed. By statute, the documents could have been shredded after the microfilming was completed, but the previous Board did not want the historical documents destroyed. Probationers in need of community service have spent hours reorganizing the old documents for re-filing. However, storage is still an issue. Ms. Riege anticipates running out of file storage space next year. She said there are three options: Continue microfilming and save the old documents; microfilm; then destroy the documents; or just store the old documents offsite without microfilming. She said the County spent about $14,000 last year for microfilming. The State Archives do not want the old files because they are out of room. The Morton James Public Library had indicated an interest in taking the files, but they must apply for permission from the State. She also checked with the Otoe County Museum who had concerns regarding climate control and security. Commissioner Kreifels questioned whether the vacated Duff Building could be used for storage. Commissioner Nelsen replied that paper cannot be stored there without an up-to-date sprinkler system since it is connected to a nursing home. He said other offices are running out of space as well and the County is currently paying rent for two storage units. Board members agreed storage is a major problem; they will need to look at the current storage facilities being rented, check into the cost for meeting fire codes at the Duff Building and/or find alternative solutions.

Jan Reed said several topics were discussed at the Safety Committee Meeting held June 3, 2009. 1) The heating/cooling registers are cleaned and treated for mold every two months. Residue forms between cleanings and looks like mold, but is actually dust and oil. 2) A sign has been posted on the inner door of the ladies restroom located on second floor giving ladies the opportunity to express their opinion as to whether the door should be removed for safety reasons. 3) It was suggested that ceiling fans be installed in the hallways to circulate stale air. 4) The Committee would like a line item of $3,000 to $5,000 in the budget to be used to resolve safety issues. 5) Committee members will be conducting surprise safety inspections at the road shops. 6) They would like to have a sheriff’s deputy conduct a security check of the courthouse every evening. 7) They suggested having basement stairwell doors and the elevator lock down at 5:00 p.m. rather than 5:30 p.m. Commissioner Nelsen commented there are times when people need to get in for court after 5:00 p.m.; the Courthouse already has cameras and panic buttons installed for security.

Chairman Nelsen called for a recess at 9:43 a.m. At 10:08 a.m. the meeting resumed with all members being duly noted as present.

Bids were opened and publicly read for the purchase of a new Motor Grader. The 2004 Case Motor Grader was offered as a trade-in. Vendors submitting bids were:

Titan Machinery, Lincoln $163,000 2009 Model 885 Case

$138,000 2008 Model 885 Case

$141,818 2003 140H Cat with 2500 hours

$165,114 2004 Caterpillar with 2400 hours

$156,400 2005 140H Cat with 2600 hours

All bids included $35,000 trade-in allowance.

Murphy Tractor & Eqt, Lincoln $179,055 2009 John Deere 770G Model

$179,055 2009 JD Demo with more options

Both bids included $36,750 trade-in allowance

Nebraska Machinery, Lincoln $165,640 2009 140M Caterpillar (on hand)

$162,422 2009 140M Caterpillar (factory built 90-120 days delivery

All bids included $38,050 trade-in allowance.

Sales representatives were present from each dealership. All were given the opportunity to give a sales pitch for their product. Herb Wolkenauer with Titan Machinery said they offered a 6 year/6000 hour warranty for the new Case graders; however that cost of $13,534 was not included in the bid. The County could deduct $5,000 from the bid price if there was no need for a lift group. Greg Kozisek, representing Murphy Tractor, said he delivered a machine to the road shop for the road workers to test drive. This machine exceeds the specifications on the bid sheet. His company is based in Lincoln where parts and service would be readily available.

As Territory Manager for Nebraska Machinery, Russ Newton said the road workers were furnished a 2009 CAT for demonstration at the Nebraska City Shop. The new graders are now equipped with multi-functional joysticks for operating in an effort to help decrease fatigue for the operator. The company will provide a trainer if needed. Caterpillars are noted for good resale value. The new grader will have a factory built-in GPS (Global Positioning System) that handles 34 functions, including tracking of maintenance records and diagnostic information. After 5 years, the County would have to renew the subscription for GPS to continue the service.

Chairman Nelsen asked for comments from the road employees. Foreman Pohlman said he tried out both machines. The CAT was more comfortable and a little quieter; it had less bounce when traveling at road speed. Supervisor Denniston said he just looked at them, but did not take them out for a test drive. Chairman Nelsen noted that the County only advertised for a new machine, so they can’t consider buying a used one at this time. If board members were interested in purchasing a used machine, then these bids would need to be rejected and they would have to re-advertise Commissioner Lade made a motion, seconded by Commissioner Crook to accept the bid from Nebraska Machinery for the purchase of a 2009 140M Caterpillar Motor Grader in the amount of $165,640. Commissioner Freshman questioned whether they should take time to study the bids closer and make a decision at the next meeting. Commissioner Lade said the crew needed a machine now and did not want to delay the purchase. The County could save about $3000 if ordering a new machine from the factory, but didn’t think the difference justified a 90 to 120 day delay. Commissioner Freshman commented that an auctioneer thought the Case grader would bring about $45,000 at auction with the auction company retaining 6% of the price. That would be about $4,000 more than the trade-in allowance, but auction prices are not guaranteed. There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Kreifels, Freshman, Nelsen, Lade and Crook. Nay – none. Motion carried. Chairman Nelsen asked members if the machine should be purchased outright with funds from the road budget or set up a lease agreement. All agreed to save paying interest and purchase the machine outright.

Lead Supervisor, Lynn Denniston, Foreman Wally Pohlman and Jonathon Brinkman were available to discuss miscellaneous road and bridge matters.

1) Temporary Foreman - Commissioner Nelsen announced that Rich Kuenning, the current foreman for the Syracuse Road Shop is going to retire in March. He is behind on the FEMA paperwork and needs help. Therefore, Commissioner Nelsen made a motion, seconded by Commissioner Kreifels to appoint Jonathon Brinkman as a temporary foreman for the Syracuse Road Shop. Ruth Dalton asked if both men were going to be paid foreman’s wages. Commissioner Lade replied that they would be paid foreman’s wages, but at two different levels. 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.

2) Fueling System – At the previous meeting, bids were opened for the purchase of a new fueling system at the Nebraska City Road Shop. Yant Testing, Supply and Equipment Inc submitted a bid of $47,587 that included two 2000 gallon tanks, installation, pump with digital readout and a computerized management system. Midwest Pump and Equipment’s bid was over $60,000 for the same items. Commissioner Freshman said $3000 could be deducted from the Yant bid if the County uses the existing pump; and another $1050 deduction if the County does not require a performance bond. Commissioner Nelsen discouraged dropping the performance bond which ensures that the County will be covered in the event a vendor does not complete the job or does not supply services as specified in the bid. Commissioner Freshman made a motion, seconded by Commissioner Lade to accept the bid from the low bidder, Yant Testing, Supply and Equipment Inc in the amount of $44,587 which excludes a new fuel pump, but includes the performance bond. 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.

3) Highway Superintendent, Glen Steffensmeier, and Engineer, Mark Mainelli, met in the Multi-Purpose Room of the Courthouse on June 5, 2009, to open sealed bids for various advertised bridge projects with a recommendation to award bids to the low bidders.

Project Name: C006623515 Location: South of E-34 Description: Install concrete box culvert

Vendor Amount Start / Complete

TCW Construction, Lincoln $94,511.11 8-31-09 / 10-15-09

M E Collins, Wahoo $83,397.75 9-1-09 / 10-15-09

Castle Construction, Columbus $84,602.40 8-17-09 /10-15-09

Commissioner Kreifels made a motion, seconded by Commissioner Lade to accept the low bid from M E Collins in the amount of $83,397.75 to install a concrete box culvert as a replacement for Bridge #C006623515. 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.

Project Name: C006602615 Location: East of M-16 Description: Install concrete box culvert

Vendor Amount Start / Complete

TCW Construction, Lincoln $155,894.80 8-31-09 / 10-15-09

M E Collins Construction, Wahoo $142,019.07 9-1-09 / 10-15-09

Castle Construction, Columbus $135,771.70 8-17-09 / 10-15-09

Commissioner Lade made a motion, seconded by Commissioner Freshman to accept the low bid from Castle Construction in the amount of $135,771.70 to install a concrete box culvert as a replacement for Bridge #C006602615. 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.

Project Name: C-66(444) Location: East of I-4 Description: CMP, headwalls, wingwalls

Vendor Amount Delivery Date

Ace/Eaton Metals, Kearney $18,559.56 4-6 weeks

Metal Culverts, Jefferson City MO $20,948.00 4-5 weeks

Contech Construction, Lincoln $19,104.00 5 weeks

Midwest Service & Sales, Schuyler $19,715.44 4 weeks

Commissioner Crook made a motion, seconded by Commissioner Kreifels to accept the low bid from Ace/Eaton Metals in the amount of $18,559.56 for the purchase of a 84” x 44’ corrugated metal tube and steel headwalls and wing walls that will be used in the replacement of Bridge #C-66(444). There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Kreifels, Freshman, Nelsen, Lade and Crook. Nay – none. Motion carried.

Project Name: C-66(444) Location: East of I-4 Description: Install CMP, headwalls, wingwalls

Vendor Amount Delivery Date

TCW Construction, Lincoln $86,186.00 9-15-09 / 10-15-09

M E Collins Construction, Wahoo $52,143.95 9-16-09 / 10-15-09

Castle Construction, Columbus $36,723.69 8-17-09 / 10-15.09

General Excavating, Lincoln $42,955.00 7-30-09 / 8-30-09

Midwest Underground, Lincoln $26,878.25 8-1-09 / 3-31-09

B.A.B. Inc, Adams $35,504.00 7-1-09 / 8-1-09

Commissioner Lade made a motion, seconded by Commissioner Freshman to accept the low bid from Midwest Underground in the amount of $26,878.25 to install a 84”x44’ corrugated metal tube and accessories as a replacement of Bridge #C-66(444). 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.

4) Road rock – The Commissioners are receiving requests for rock placement on roads and the foremen have said the rock haulers are falling behind schedule, especially in the western half of the county. The other men are working on construction projects. There was some discussion to hire a contractor to haul rock in the western end of county. There is approximately $94,000 remaining in the rock budget line.

5) Demolition of Douglas Shop – Commissioners had been discussing the possibility of tearing down the Douglas Shop and constructing a new. They received bids for demolition, but do not have an estimate for construction. Commissioners Nelsen, Crook and Kreifels agreed they would like to know how much it will cost before approving replacement of the old shop. Commissioner Crook asked if there was another building in the area that could be rented or purchased. Commissioner Lade replied that there was property for sale that included a house and building. He is trying to contact the seller to see if he would consider dividing the property so that the house and building could be sold separately. In the meantime, Commissioner Lade has acquired specs for a new shop large enough to house machinery and vehicles needed to serve the Burr / Douglas area. The Board agreed to sell the Burr Shop, but it can’t be sold until a public hearing is held, followed by advertising; then accepting bids.

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 10:55 a.m. The next regular meeting will be held on June 23, 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 9^th day of June 2009.

Janene Bennett

Otoe County Clerk

Board of Equalization

June 9, 2009

At 8:28 a.m. a meeting of the Board of Equalization was called to order by Commissioner Timothy Nelsen. Answering present at roll call were Commissioner Nelsen, Commissioner Lade, Commissioner Crook, Commissioner Kreifels and Commissioner Freshman. None Absent.

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.

Commissioner Kreifels made a motion, seconded by Commissioner Crook 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 Crook 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.

Therese Gruber, County Assessor, presented the following tax list corrections: 1) Emil Eisenhauer – add $878.20 – State decreased homestead exemption from 70% to 25%. 2) Farmers Bank & Trust – deduct $1137.62 - Personal property was not physically acquired until 2008; amounts deducted were deposits made for the property. Commissioner Crook made a motion, seconded by Commissioner Kreifels to approve the tax list corrections as presented. 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.

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 8:30 a.m.

Janene Bennett

Otoe County Clerk