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 A.M. on June 10, 2008, in the County Courtroom (108) of the Otoe County Courthouse at Nebraska City.  The meeting will be open to the public.  An agenda for such 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                                       June 10, 2008

 

 8:30 a.m. -- Open Meeting, Call roll, Accept agenda, Accept minutes from previous  

              meeting, Audit and Sign payroll and regular claims

 

8:45 a.m. – Dave Schmitz, Zoning Administrator: Discussion and/or action RE: Approval of Vogt Subdivision

                           located in the SE ¼ S14-T9-R10 as requested by Jason Zeorian

 

9:00 a.m. -- Discussion and/or action RE: Other Road and Bridge matters

 

10:00 a.m. – Howard Bebout: Discussion and/or action RE: Absence of First District Commissioner

 

10:15 a.m. – Rena Pugh, SENCA: Quarterly report

 

10:30 a.m. – Jacki Schmitz, PUFF: Discussion and/or action RE: Grant application for Enhanced Juvenile

                           Services Program

 

10:45 a.m. – Erik Olson, Kimmel Orchards: Discussion and/or action RE: Approval of Special Designated

                            Liquor Licenses for the wine tasting event being held August 2, 2008

 

 

       Other business matters to address when time allows:

            Jackie Smith, Co Treasurer: Discussion and/or action RE: Tax Refunds and Pledged Security(s)

            Theresa Johnson, Child Support Enforcement Officer: Discussion and/or action RE: Contract renewal

                 with Stephen Kraviec to be the Authorized Attorney to provide legal services for child support

                  establishment and enforcement

            Discussion and/or action to sign “Notice and Acknowledgment of Assignment” regarding the financing

                  Bonds for Diversified Foods and Seasonings Inc

            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 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 10, 2008

 

The Otoe County Board of Commissioners convened in regular session at 8:30 a.m. on June 10, 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. If they need to take a call they should step out of the room.

 

Commissioner Schroder made a motion, seconded by Commissioner Haverty to accept the agenda as posted but with the addition of a closed session to discuss a request for a county burial with Marv Pesek, General Assistance Administrator. 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.

 

Therese Trombino, Deputy County Assessor, presented the following tax list correction: James and Geraldine Eisenhauer – add $915.98 – State corrected Homestead Exemption by decreasing percentage from 85% to 25%. Commissioner Schroder made a motion, seconded by Commissioner Haverty to approve the tax list correction as presented. Voting – Commissioners Schroder, aye; Haverty, aye. Motion carried.

 

Jackie Smith, County Treasurer, requested the release of a pledged security with Arbor Bank, Nebraska City, in the amount of $500,000 and replacing it with three other securities in the aggregate amount of $750,000. Commissioner Schroder made a motion, seconded by Commissioner Haverty to adopt Resolution 2008-25 approving said transactions. Voting – Commissioners Haverty, aye; Schroder, aye. Motion carried.

 

Ms. Smith then presented demands for tax refunds. Commissioner Schroder made a motion, seconded by Commissioner Haverty to issue a tax refund to Henry Roger Bose in the amount of $138.34 for tax years 2006 and 2007 resulting from a correction of tillable acres on the assessment record. Voting – Commissioners Schroder, aye; Haverty, aye. Motion carried.

 

 

Dave Schmitz, Zoning Administrator, said Jason Zeorian left a message on his answering machine that he still does not have water test results for his subdivision. Commissioner Schroder made a motion, seconded by Commissioner Haverty to table any action to approve the plat map for Vogt Subdivision located in the SE ¼ S14-T9-R10 until the results of a test for quality water is submitted. Voting – Commissioners Haverty, aye; Schroder, aye. Motion carried.

 

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

 

Pohlman reported that the price for rock will increase 25 cents a ton effective July 1st. That will bring the cost up to $9.70 per ton.

 

Denniston said several bridges and roads have been closed due to damage from recent heavy rains. A tree fell across a bridge north of intersection L-2, northwest of Douglas, causing the bridge to collapse. A bridge over the Little Nemaha River was damaged north of intersection J-24. Both of these bridges will be closed permanently. The low water crossings are covered with water, so no traffic will be allowed on those roads until the water recedes. Denniston reported that water has overflowed on three other bridges which will be closed temporarily until the water goes down. They are located south and east of intersection J-2 and north of intersection L-4.

 

The following written report was submitted by Glen Steffensmeier, Highway Superintendent, who is attending a workshop in Valentine this week. 1) There has been no word on the status of the Washington Street Paving Project in the Village of Douglas. Commissioner Schroder added that this project has been in the works for nine years. He wanted to clarify that this project will not cost the County anything; the County is only a flow through agent for the purpose of applying and receiving federal aid. 2) Steffensmeier is working with Emergency Management Director, Gregg Goebel, compiling a damage report for FEMA. The report must include an estimated dollar amount to repair damages to the roads and bridges in Otoe County. Said report will be submitted to the Governor who will make a request on behalf of all affected counties in Nebraska to be declared a disaster area so that they can become eligible for FEMA funding to repair damaged infrastructure. 3) Several people have applied for the advertised part-time road employee position. Is the County still interested in hiring someone? 4) The paving project on County Road C near Woodland Hills is nearly complete. The Contractor, Pavers Inc, plans to finish it up this week. 5) At the request of residents along Steam Wagon Road, gravel has been placed on the 1 mile stretch going by the golf course in an effort to diminish road dust. 6) Last Friday, nine road employees left the road shop at 11:00 a.m. to attend a mediation hearing at the Courthouse. Even though the hearing did not begin until 1:30 p.m., the Union called the men in at 11:00 a.m. to prepare them as witnesses for the hearing. Steffensmeier questioned who should pay these employees’ wages during the time they spent at the Courthouse. Commissioner Schroder felt taxpayers should not have to pay for time employees are not working on the roads. County Attorney, Dave Partsch said only three men testified - 1 union employee and 2 foremen. He questioned why the County should pay for the six people who did not testify. Partsch said he will discuss this matter with the Union’s attorney.

 

 

Teresa Johnson, Child Support Officer, reviewed the terms of a contract with Stephen Kraviec, Attorney, to provide legal services for child support enforcement in Otoe County. She said the contract’s terms were the same as last year. Kraviec will provide these services for an annual fee of $12,600. She noted that 66% of the money paid to Kraviec is reimbursed by the State of Nebraska. Johnson said she also receives a federal reimbursement once a year based on the amount of child support collections, paternity establishments, etc. This year she anticipates receiving $11,000 to $12,000 in federal funding which is in addition to the 66% cost reimbursement from the State. Commissioner Schroder questioned why a local attorney does not want this job, stating that the attorney should be an Otoe County resident. He also commented that Kraviec may not be doing his job, citing an incident where someone owes back child support, but still holds a drivers license. Ms. Johnson said attorneys who handle divorces and family cases cannot provide legal services for child support, noting that it would be a conflict of interest. Commissioner Schroder made a motion, seconded by Commissioner Haverty to table the matter until the next meeting and asked County Attorney Dave Partsch to check with his colleagues to see if any other attorney would be interested in providing legal services for child support enforcement. Voting – Commissioners Schroder, aye; Haverty, aye. Motion carried.

 

Chairman Haverty explained the reason the County is being asked to sign a Notice and Acknowledgment of Assignment for the financing bonds issued to Diversified Foods and Seasonings. He said this document is part of a long paperwork process that began several months ago when the County was approached to act as a flow through agent for Diversified Foods who is revamping the former Bagelicious facilities. He wanted to stress that the County is in no way obligated to make payment on these bonds nor will the County be held liable for non payment. Commissioner Schroder made a motion, seconded by Commissioner Haverty to authorize Chairman Haverty to sign the Notice and Acknowledgment of Assignment approving the assignment of the financing bonds for Diversified Foods to GE Government Finance. Voting – Commissioners Haverty, aye; Schroder, aye. Motion carried.

 

Bernard Kreifels, approached the Board and requested that the County pay his attorney fees of nearly $1000 that he spent in order to get the County to honor a water rights agreement involving an NRD dam structure. Commissioner Haverty said he would have County Attorney Partsch look at the original agreement and review this with Kreifels’ attorney, Bill Davis; then make a decision based on the County Attorney’s recommendations.

 

Howard Bebout, a resident of the First Commissioner District, came before the Board to question when action will be taken to replace the First District Commissioner, Zoe Thummel, who is very ill and has attended only two meetings since the first of the year. He said she has had ample opportunity to resign, but since she hasn’t, it is the Commissioner’s responsibility to remove her from office and appoint someone, citing State Statute 23-2012. It states that the County Board has the authority to remove a disabled county officer if they determine that a person is physically or mentally incapable of performing the duties of his/her office. He said being charitable is a good thing, but to use taxpayer funds to pay people for duties they cannot fulfill is wrong. He said he sympathizes with her situation and he is not here today with malice. He questioned, “If there is a complaint in First District, who is covering for her?” Commissioner Haverty replied that the entire Board is responsible for issues in any district. He did not feel the people in First District have no representation. Bebout disagreed. He said other County workers do not get paid if they are unable to work. Bebout said he could not find any bylaws for the Otoe County Board. County Attorney Partsch said Commissioners’ duties are defined in State Laws. Referring to State Statute 23-2012, Partsch said several steps must be taken to remove an officer. The person must first be notified that the County Board is going to conduct a public hearing. Two physicians shall be appointed to examine the officer and their medical reports presented at the public hearing. If the Commissioners determine that this person is not capable or can ever recover, they can appoint someone to fulfill her term. Commissioner Schroder said this is a touchy situation. Elected officials are on call 24 hours a day; they are not paid by the hour. Even though he was elected to represent the third district, he represents the entire county as well. Commissioner Haverty was concerned that starting this process will put a greater burden on the family. The process could take up to three months and the situation may handle itself by then. He feels the County is functioning efficiently without her presence. Bebout said he was concerned that if something would happen to one of the two remaining Commissioners, county business would come to a halt. He said he is representing the concerns of many people. Commissioner Haverty said he will talk to the family to see what her prognosis is and whether there is a chance for recovery. The Board will revisit this matter at the next meeting.

 

Rena Pugh, SENCA Director, gave a quarterly report of the agency’s activities. Since February, she has volunteered to serve on the Healthy Families Committee, a Healthy Youth Committee, and joined the City’s Chamber of Commerce. SENCA assisted 30 people with tax preparation this spring; they collected over $6,235 in food and over $6000 in cash for the Foundation for Hunger (a percentage of that amount will be reimbursed to SENCA). Last month the Mayor signed a proclamation declaring May as Community Action Month. SENCA raised $153 at their annual spring luncheon and will be holding its second annual golf tournament on June 21st in Humboldt.

 

Jacki Schmitz, who is contracted to write juvenile service grants for the County, said she will be submitting an application for an $11,530 grant that is available only to those counties who have a comprehensive plan for juvenile services. Otoe County developed its plan in 2001 and has received $13,900 annually for the past seven years. This additional money will be used for interpreter fees, to plan activities for younger juveniles, to enhance the after-school programs in Nebraska City and Syracuse that would include rewards for kids who meet their goals, and to pay the wages for Ms. Schmitz to write a grant application for the implementation of a CASA program in Otoe County. She explained that a CASA (Court Appointed Special Advocate) is assigned to cases involving abused or neglected children. Statistics indicate that early intervention for these children reduces foster home placement and they are less likely to re-enter the juvenile or dependency systems. She said the CASA grants are very competitive and will involve many hours of labor and research to write a plan. Commissioner Schroder made a motion, seconded by Commissioner Haverty to authorize the Chairman to sign the application for the State Juvenile Justice County Aid Enhancement Grant in the amount of $11,530. Voting – Commissioners Schroder, aye; Haverty, aye. Motion carried.

 

Erik Olson, Manager for Kimmel Orchard and Vineyard, appeared before the Board to request approval for the issuance of Special Designated Liquor Licenses (SDL) to several wineries and breweries who will be participating in “Wine Under the Pines”, a wine tasting festival on August 2nd at Kimmel Orchards. Olson said the festival in being held in conjunction with the Lemon Days celebration in Nebraska City. Those applying for an SDL are The Nebraska Brewing Company, Whiskey Run Creek Winery/Vineyard, Deer Springs Winery, SchillingBridge Winery & Microbrewery and the Arbor Day Farm Foundation dba Kimmel Orchard.  Commissioner Schroder made a motion, seconded by Commissioner Haverty to send a letter of approval to the Nebraska Liquor Control Commission recommending that the Commission issue Special Designated Liquor Licenses to the above named wineries/vineyards/breweries. Voting – Commissioners Haverty, aye; Schroder, aye. Motion carried.

 

At 10:53 a.m. Commissioner Schroder made a motion, seconded by Commissioner Haverty to go into executive session to discuss a request for county burial with General Assistance Administrator, Marv Pesek. Voting – Commissioners Schroder, aye; Haverty, aye. Motion carried.

 

At 11:00 a.m. Commissioner Schroder made a motion, seconded by Commissioner Haverty to go back into regular session. Voting – Commissioners Haverty, aye; Schroder, aye. Motion carried. No action was taken while in executive session.

 

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 24, 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 10th day of June 2008.

 

 

 

 

 

Janene  Bennett

Otoe County Clerk