NOTICE OF MEETING

Otoe County Courthouse

Nebraska City NE 68410

NOTICE IS HEREBY GIVEN that the Otoe County Board of Commissioners will meet in regular session at 8:30 a.m. on June 23, 2009 in the County Courtroom (108) of the Otoe County Courthouse. The meetings will be open to the public. An agenda for each meeting is kept continuously current, and is available for public inspection at the office of the County Clerk at the Courthouse, but the agenda may be modified at such meetings to include items of an emergency nature only.

AGENDA ___________________________________JUNE 23, 2009

8:30 a.m. -- Open Meeting; call roll; Open Meetings Act posted; Accept agenda; accept minutes

from previous meeting; audit and sign payroll claims; Audit and sign regular claims;

Discussion and/or action: To correct budget codes by journal entry

8:45 a.m. – Dave Schmitz, Zoning Administrator:

1) Public Hearing for approval of Helen Luff Subdivision as requested by Helen Luff

located in the SE ¼ of SE ¼ 17-9-10; Discussion and/or action to approve

2) Public Hearing: Final plat of KYP 3^rd Addition consisting of 2 lots in the SE ¼ of SW ¼ 11-9-13 as requested by Monica and William Welsh; Discussion and/or action to approve

9:00 a.m. – Public Hearing: To consider selling county-owned property located at 465 Main St, Burr;

Discussion and/or action to offer property for sale

9:15 a.m. – Steve Zimmers, Extension Educator: Quarterly Report; Discussion and/or action to make

proposed changes to the Constitution and By-Laws of the Otoe County Extension Board

9:20 a.m. – Gregg Goebel, Emergency Management Director: Discussion and/or action RE: Waste

Reduction and Recycling Incentive Grant award for tire disposal

9:25 a.m. - Discussion to relocate the Child Support Office at the NC Family Center; Discussion an

Action to sign a lease agreement for the relocation of said office

9:45 a.m. – Rick Sedersten, Custodian: Review quotes and options for landscaping north side of Courthouse;

Discussion and/or action to accept a quote for landscaping

10:00 a.m. – Jay Spearman, Ameritas: Discussion and/or action to adopt resolution authorizing the issuance

Of Highway Allocation Fund Bonds, Series 2009

10:05 a.m. -- Discussion and/or action regarding various road and bridge matters as listed below:

1) Review bids for the construction of a 50’x96’ building in the Village of Douglas; Discussion and/or

Action to accept a bid for said construction

2) Review bids for the purchase of a Low Boy Trailer; Discussion and/or action to accept a bid

3) Review bids for the following bridge replacement projects: C006623060 located east of O-50 - Construction of concrete box culvert; C006621450 east of G-42 - Construction of Concrete Box Culvert; C-66(445) south of 2-C – Purchase of Materials; Installation of Metal Tube; Discussion and/or action to accept bids

4) Discussion and/or action RE: Demolition of Douglas Shop

5) Discussion and/or action RE: Pending road and bridge projects

6) Miscellaneous road and bridge matters

Other business matters to address when time allows:

Jackie Smith, County Treasurer: Discussion and/or action RE: Tax Refund (s); Discussion and/or action to

direct Co Treasurer to issue tax sale certificates on parcels that are 1 year delinquent on taxes

Discussion and/or action to renew agreement with Region V Systems for Emergency Protective Care Services

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 23, 2009

The Otoe County Board of Commissioners convened in regular session at 8:30 a.m. on June 23, 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 Crook made a motion, seconded by Commissioner Freshman 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.

Commissioner Freshman made a motion, seconded by Commissioner Kreifels 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.

Before approving the regular claims, Commissioner Kreifels questioned the number of claims that were submitted for mowing abandoned cemeteries. Commissioner Lade said he obtained a list of cemeteries from the Clerk’s Office; then contacted people who had submitted bills in the past. He prepared contracts for each individual stating they would be paid twice a year (in June and August) for a total of $500. Within the contract, it is noted that he will inspect each cemetery to ensure that it has been mowed before payment is approved. None of the Board Members were aware of the contract. Chairman Nelsen said that all contracts should come before the Board. Rather than paying someone to mow the cemeteries, the County may want to consider having a road worker do the job. Commissioner Crook made a motion, seconded by Commissioner Freshman to approve payment of the regular claims with exception of two claims from the road fund which were submitted for the purchase of a new building and low boy trailer; these items will be discussed later this morning during road issues. A third claim to pay for a county burial was withdrawn until it is verified the County will be liable for payment. 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.

The County Clerk reported the Homeland Security Grant Fund will go over budget by $2,989.89. Since the amount is a reimbursable expense, it is permissible to recode the expenditure through a journal entry. Therefore, she recommended to debit the Emergency Management budget (+$2,989.89) and credit the Homeland Security budget (-$2,989.89) to correct the budget overage before ending the fiscal year. Commissioner Kreifels made a motion, seconded by Commissioner Crook to direct the County Clerk to make the journal entries as recommended. 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.

At 9:00 a.m. Chairman Nelsen opened a public hearing to hear support or objections for the approval of the Helen Luff Subdivision located on N 16^th Rd between C & D in the SE ¼ of the SE ¼ S17-T9-R10. Dave Schmitz, Zoning Administrator said the 3.2 acre tract of land is being sold where a new house will be built. There is an existing well which has been tested, indicating sufficient potable water. There being no other public comment, Chairman Nelsen closed the public hearing. Commissioner Freshman made a motion, seconded by Commissioner Lade to approve the plat for Helen Luff Subdivision as presented and to authorize the Chairman to sign same. There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Freshman, Nelsen, Lade, Crook and Kreifels. Nay – none. Motion carried.

Chairman Nelsen opened a public hearing to hear support or objections for the approval of a final plat for KYP 3^rd Addition, a tract of land being part of Lot 1, KYP Subdivision located in the SE ¼ of SW ¼ S11-T8-R13 as requested by Monica and William Welsh. Dave Schmitz said the final plat was tabled at the June 18, 2009, Planning Commission meeting for 2 reasons. – the DEQ (Dept of Environmental Quality) report has been submitted, but not yet returned with DEQ’s approval and a driveway permit has not been issued by the Highway Supt. There being no other comments, Chairman Nelsen closed the public hearing. Action for consideration was tabled until the required DEQ report is approved and the driveway permit is issued.

Schmitz reported that he recently attended a Nebraska City Planning Commission meeting where regulations for wind generation were discussed. A permit to erect a wind turbine was issued to an individual living southeast of Nebraska City, but within its 2 mile jurisdiction. Schmitz said he has scheduled a meeting at 1:00 p.m. on August 25^th in an effort to conduct round table discussion among County Board Members and Planning Commission Members for adopting wind generation regulations for the County. He will invite Orval Stahr to the meeting as well, who is a zoning regulation consultant. Another item that will be discussed is the possibility of changing the zoning classification of land beginning at the Palmyra jurisdiction south to the Douglas jurisdiction and west of Spur 66A to the county line. It is currently zoned “Open Agriculture”, but since the area is being heavily developed, “Transitional Agriculture” would be more suitable.

Other business matters were addressed at this time.

County Treasurer, Jackie Smith, presented Board Members with a list of all delinquent real estate taxes as of June 19, 2009. In accordance with State Statute 77-1918, she requested permission to write Tax Sale Certificates on those parcels upon which there are one year delinquent real estate taxes or special assessments. Commissioner Lade made a motion, seconded by Commissioner Kreifels to pass and approve Resolution 2009-36 directing the County Treasurer to issue Tax Sale Certificates on those parcels which are one year delinquent on real estate taxes or special assessments. 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 Freshman made a motion, seconded by Commissioner Crook to approve Resolution 2009-37 directing the County Treasurer to issue a tax refund to Farmers Bank, Nebraska City, in the amount of $1,137.62 for tax year 2008. According to Treasurer, Jackie Smith, the refund is the result of a correction of the tax roll made at the June 9^th meeting when it was noted that personal property had not yet been acquired when the personal property form was submitted. 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.

It is the County’s responsibility to provide care and safekeeping to certain acutely mentally ill individuals who are under the County’s lawful authority pursuant to Nebraska State Statutes. Region V Systems has provided such care for the past several years, but the contract must be renewed annually. Commissioner Crook made a motion, seconded by Commissioner Lade to sign and renew the Agreement for EPC (Emergency Protective Custody) Services between Region V Systems and Otoe County. 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. The duration of this agreement is effective July 1, 2009 through June 30, 2010.

At 9:00 a.m. Chairman Nelsen opened a public hearing for the purpose of hearing support or objections to the sale of county owned property located at 465 Main Street, Burr, NE. Citizens may also express their opinions regarding fair market value of said property. According to County Attorney, Dave Partsch, if the Board decides to sell the property, the sale must be held within 2 months of today’s hearing and the Notice of Sale must be published at least 10 days prior to the sale. There was some discussion as to whether the sale would be held by auction or sealed bid. Partsch said either means is permissible; if it is advertised for sealed bids and none are submitted, the Board may then offer it for sale by auction. There being no further comments, Chairman Nelsen closed the public hearing. Commissioner Lade made a motion, seconded by Commissioner Freshman to sell county owned property located at 465 Main St, Burr, and to direct the County Attorney to make the necessary arrangements for advertising and selling said property. 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.

At 9:04 a.m. Chairman Nelsen called for a short recess. At 9:14 a.m. the meeting resumed with all members duly noted as present.

Steve Zimmers, Otoe County Extension Educator, said the Extension Board has recently made changes to their Constitution and By-Laws. For these to go into effect, they must be ratified by the Otoe County Board of Commissioners and the Dean and Director of Extension at the University of Lincoln. Changes include: Changing the number of meetings per year from 10 to 6; Changing the membership of board members from 11 to 6; Changing the number of members to have a quorum from 6 to 5; and changing the number of members needed to call a special meeting from 6 to 5. Commissioner Crook made a motion, seconded by Commissioner Kreifels to approve the amended Constitution and By-Laws of the Otoe County Extension Board as presented by Mr. Zimmers. 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.

Zimmers continued with his quarterly report of upcoming activities. Next week, there will be a 4-H livestock and meat judging contest in Lincoln. Locally, he will be hosting a science, engineering and technology workshop this week. Those interested in veterinary science will be dissecting cow eyeballs as their entry for the county and state fairs. Zimmers said there are 352 4-H club members and 185 4-H leaders.

Gregg Goebel, EM Director, announced that he received a Waste Reduction and Recycling Incentive Grant in the amount of $47,056 that will be used to clean up 500 ton of scrap tires. Today he is requesting permission to use the Nebraska City and Syracuse Road Shops for collection sites. The event will take place September 11^th and 12^th; flyers will be printed and distributed listing the details. He will also need at least two county employees at each site to handle the tires. Goebel said Champion Tire will pick up the tires within 7 days of the event. The scrap tires are recycled into road surfacing materials and fuel products and can be used to make outdoor furniture. Commissioner Lade made a motion, seconded by Commissioner Crook to grant permission to use the Road Shops as collection sites for the tire recycling event and to provide labor as needed. 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.

There was discussion regarding the relocation of the Child Support Office from the Courthouse to the Family Center. Chairman Nelsen said the County is facing an issue with Driver’s License Examiners who are currently located in the basement. In July, the Examiners will assume the duty of taking pictures for a driver’s license and the room will need to be rewired for the new equipment. Since the room is in poor condition and could be very costly to remodel, Commissioners Nelsen and Freshman met with the DMV Supervisor last week to discuss the possibility of moving the Examiners to another area in the Courthouse. It was their consensus to relocate the Child Support Office to the Family Center and move the Driver Examiners into the Child Support Office located on the second floor. Commissioner Kreifels asked if other options were discussed and suggested moving the Examiners to the Multi-Purpose Room in the basement since they work here only two days a week. The room is used primarily by Emergency Management and the Probation Office, but not daily; maybe they could get together and work out a schedule. Commissioner Freshman noted that he talked to the Examiners yesterday, who said they are required to lock up their equipment in the evenings. They have been furnished with a cabinet and padlock. They felt the cabinet could be moved into the Multi-Purpose Room as long as it was kept locked. Commissioner Nelsen said that the DMV Supervisor told him that the equipment had to be in a locked facility, not just a locked cabinet. Ruth Ann Weddle, Deputy Register of Deeds, said the Child Support Officer also serves as a notary in the Courthouse and they send customers to her quite often to have a deed notarized. Why move a full-time office from the Courthouse to provide space for a part-time occupant? Janis Riege, Clerk of the District Court, noted that jury trials are held on Mondays and Tuesdays, the same day the Driver’s Examiners are open. The hallways will be congested; it will be very noisy and there won’t be room for seating. Ms. Riege also questioned the issue of providing efficient service to the people. The Child Support Officer often needs information from files in the District Court Office; if she is not in the building she will have to drive to the Courthouse to get the information, which will cost money and an inconvenience to her clients. Commissioner Crook felt offering the Multi-Purpose Room to the Examiners was a good option. Commissioner Freshman said he visited with the EM Director who is willing to share the room. The Examiners said they would rather work from the basement than haul their equipment up and down the elevator. Commissioner Crook said she would like to check with the DMV supervisor again before making a decision; she felt there were too many unanswered questions and the matter was tabled.

Rick Sedersten, Courthouse Custodian, obtained proposals for landscaping the north and south sides of the Courthouse. Recently, shrubs were removed and the window wells were sealed and backfilled with dirt. Pat Edwards, with Pine Acres Nursery and Landscaping, Nebraska City, offered two options: 1) till and re-sod the north and south sides; add fabric, edging, river rock and various bushes on the north side for a total of $4,269.15. 2) to till and re-sod only would cost $1,780.00. Ryan Sjulin, Landscape Architect for All American Landscaping, Nebraska City, said he has been working with Fremont County Officials for the past five years designing landscape ideas for the Courthouse in Sidney, IA. He offered several ideas and estimates ranging from $3,300 to $7,500 depending on the type of plants and rock used as fillers. He recommended removing the old drain pipes and replacing them with downspouts to the sidewalk for an additional $2,874. His estimate for installing sod was $2,255, but he cautioned against sodding during this time of year due to the heat, which would require watering 3-4 times a day. The proposals will be reviewed. No action was taken at this time.

Jay Spearman and Marc Munford from Ameritas quickly reviewed the terms of the Highway Allocation Bonds which will be issued in July. The total amount will be $2,535,000 - $2,503,312.50 will be deposited into the construction fund and $31,687.50 will cover all other expenses, including set up and bond counsel fees. The interest rate will gradually increase from 1.3% to 4.5% over a 15 year period with an average of 3.918%. The all inclusive interest rate will be 4.057% to borrow the money. The annual debt service will be approximately $225,000 per year. Mr. Spearman said the bonds were sold in $5,000 increments with all of them being sold in Otoe County. Commissioner Lade made a motion, seconded by Commissioner Freshman to sign Resolution 2009-38 authorizing the issuance of Highway Allocation Bonds, Series 2009, setting forth the interest rates, payment schedule and form of bonds. 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. Mr. Spearman presented several other documents for signature including “Issuer Letter of Representations” requiring signature of the County Treasurer who will be the paying agent, and “Acknowledgements” certified by the County Clerk that notice of today’s meeting was published, posted and received by the Commissioners. Mr. Spearman said bond funds will be wired to a separate account set up by the County Treasurer on July 9, 2009.

Discussion and/or action regarding road and bridge matters:

Reviewed bids for construction of a new building in Douglas – Chairman Nelsen said he and Commissioner Lade opened bids for the purchase of a new shop building on June 18, 2009. Two bids were submitted: Cleary Building Corp, Beatrice - $73,650 for a 50’x96’building and Morton Buildings Inc, Adams - $97,368 for a 48’x100’ building. He recommended awarding the bid to the low bidder from Cleary in the amount of $73,650. This new building will replace the Burr Shop and Douglas Shop. The old buildings are deteriorating and have asbestos. The Burr Shop has been closed due to unsafe conditions; the asbestos has been sealed in the old Douglas Shop and is still being used for storage. Commissioner Lade said the new shop will have an office and bathroom facilities, so the County won’t have to pay for portable toilet service every month. He plans to store 2 motor graders, a small crane and 2 pickups in the shop. Mark Kuhnke, salesman from Cleary, was available for questioning. Commissioner Kreifels asked Mr. Kuhnke to clarify what his bid included. He said the bid price was for material and labor to construct the shell and included four overhead doors with automatic openers and a walk-in door; it does not include insulation, electrical wiring, plumbing, flooring or partitions. Commissioner Lade said the county workers could insulate the building during the winter months; it would cost $10,000 to $12,000. Kuhnke recommended adding a “double bubble” which helps to stop steel from sweating and keeps heat inside; that would cost another $5000. Commissioner Freshman asked, “What was the cost for the overhead doors”? Kuhnke replied, “$3500 to $4000 per door”. Commissioner Crook said she would like to see the cost of the whole project before approving anything. Commissioner Kreifels agreed and suggested waiting until next spring to consider construction of a new building. Commissioner Lade said he wanted to pay for the building out of this year’s budget and the fiscal year ends next week. Commissioner Kreifels questioned the possibility of renting storage space for awhile. She was concerned whether the road fund would have enough cash reserve to pay the regular bills for the next two months if the balance was taken below $500,000. To allow more time to study the budget and final expenses for FY09, Commissioner Nelsen called for a special meeting to be held on June 30, 2009, at 8:30 a.m. and declared this meeting adjourned at 10:30 a.m. All other road and bridge matters remaining on the agenda will be carried over to the June 30^th meeting as well.

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 23^rd day of June 2009.

Janene Bennett

Otoe County Clerk

Lead Supervisor, Lynn Denniston, and Engineer, Mark Mainelli, met in the Multi-Purpose Room of the Courthouse on June 9, 2009, to open sealed bids for various advertised bridge projects with a recommendation to award bids to the low bidders.

Project Name: C006623060 Location: Description: Install concrete box culvert

Vendor Amount Start / Complete

Dobson Brothers Construct, Lincoln $124,538.10 10-02-09 / 11-15-09

M E Collins, Wahoo $112,457.32 10-04-09 / 11-15-09

Castle Construction, Columbus $124,314.77 09-20-09 / 11-15-09

TCW Construction, Lincoln $130,626.66 09-29-09 / none given

Commissioner made a motion, seconded by Commissioner to accept the low bid from M E Collins in the amount of $ to install a concrete box culvert as a replacement for Bridge #C006623060. There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Nay – none. Motion carried.

Project Name: C006621450 Location: Description: Install concrete box culvert

Vendor Amount Start / Complete

TCW Construction, Lincoln $159,506.27 09-17-09 / 11-01-09

M E Collins Construction, Wahoo $139,683.92 09-18-09 / 11-01-09

Castle Construction, Columbus $155,060.67 09-21-09 / 11-01-09

T J Osborne Const, Lincoln $209,642.25 Fall 2009

Dobson Brothers Const, Lincoln $167,390.63 08-10-09 / 09-25-09

Commissioner made a motion, seconded by Commissioner to accept the low bid from M E Collins Construction in the amount of $ to install a concrete box culvert as a replacement for Bridge #C006621450. There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Nay – none. Motion carried.

Project Name: C-66(445) Location: Description: CMP’s, headwalls, wingwalls

Vendor Amount Delivery Date

Ace/Eaton Metals, Kearney $20,534.48 4-7 weeks

Metal Culverts, Jefferson City MO $24,542.70 4-5 weeks

Contech Construction, Lincoln $19,256.00 5 weeks

Midwest Service & Sales, Schuyler $23,117.54 4-6 weeks

Commissioner made a motion, seconded by Commissioner to accept the low bid from Contech Construction in the amount of $19,256.00 for the purchase of a 84” x 48’ corrugated metal tube and steel headwalls and wing walls that will be used in the replacement of Bridge #C-66(445). There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Nay – none. Motion carried.

Project Name: C-66(445) Location: Description: Install CMP, headwalls, wingwalls

Vendor Amount Delivery Date

Dobson Brothers Construction, Lincoln $44,805.50 10-01-09 / 11-01-09

M E Collins Construction, Wahoo $28,935.89 10-04-09 / 11-01-09

Castle Construction, Columbus $43,406.50 10-05-09 / 11-01-09

T J Osborne Construction, Lincoln $48,525.00 09-01-09 / 09-30-09

Midwest Underground, Lincoln $30,778.00 08-17-09 / 09-12-09

B.A.B. Inc, Adams $31,958.10 07-15-09 / 08-15-09

Commissioner made a motion, seconded by Commissioner to accept the low bid from Construction in the amount of $ to install a 84”x44’ corrugated metal tube, etc as a replacement of Bridge #C-66(445) voting –

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 . The next regular meeting will be held on July 14, 2009.