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 June 24, 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 JUNE 24, 2008

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

previous meetings; audit and sign payroll claims and regular claims

8:45 a.m. – Public Hearing: Holstein Acres Subdivision located in the NW ¼ NW ¼ 25-9-10 as requested by

Robert & Jacqueline Knake

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

a wireless telecom tower in the W ½ SE ¼ 21-7-10 at the request of Alltel

Administrative Replat for Mortgage Hill Subdivision located in the SE ¼ NE ¼ 5-7-11 at the

request of Dean & Carol Fisk

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

a) Larry Miller, Nebraska Machinery: Discussion and/or action RE: Cost estimates to rebuild graders

b) Discussion and/or action RE: Petition for Vacation of County Road (Plum Rd near 72^nd & R)

c) Discussion and/or action to participate in Federal Surplus Property Program

d) Discussion and/or action RE: Driveway access on S 190^th Rd between Roads C & D

e) Review applications for part-time employee (may go into executive session)

f) Discussion of personnel issues (executive session)

10:00 a.m. – Sandy Morrisey, Director of Region V Prevention Coalition: Annual report

10:15 a.m. – George Frye, Executive Director of SENDD: Annual report and budget request

10:30 a.m. – Public Hearing: To hear support or objections for the issuance of a Catering License to

Kimmel Orchards

Discussion and/or action RE: Addition to premise and Change of Address on Liquor License

Class ID 55097 for Kimmel Orchards

10:45 a.m. – Steve Zimmers, Extension Educator: Quarterly report

11:00 a.m. – Larry Ossowski, Director of Blue River Area on Aging: Annual report and budget request

11:15 a.m. – Steve Kraviec: Discussion and/or action RE: Contract renewal to provide legal services for

child support enforcement

11:30 a.m. – Pat Haverty, RCEDC: Discussion and/or action RE: Zoning for wind powered generators; Annual

Budget request

11:45 a.m. – Discussion and/or action RE: First District Commissioner position

Other business matters to address when time allows

Jackie Smith, Co Treasurer: Discussion and/or action RE: Resolution to issue tax

Discussion and/or action RE: Resolutions to transfer funds within the General Fund

Marv Pesek, Veterans Service Officer: Discussion and/or action RE: Appointment to Veterans Service

Committee

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 24, 2008

The Otoe County Board of Commissioners convened in regular session at 8:30 a.m. on June 24, 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. (Supt Steffensmeier noted overtime was paid in error on four payroll claims; time sheets will be adjusted for the next payroll.)

Dave Schmitz, Zoning Administrator, presented the Holstein Acres Subdivision Plat for approval. A 3.23 acre plot is being subdivided from the farm so that a son will be able to build a new home on the property. Commissioner Schroder made a motion, seconded by Commissioner Haverty to authorize Chairman Haverty to sign the plat map for Holstein Acres Subdivision located in the NW ¼ of the NW ¼ S25-T9-R10 at the request of owners Robert and Jacqueline Knake. Voting – Commissioners Schroder, aye; Haverty, aye. Motion carried.

Jeffrey Skinner, representing Alltel, came before the Board to request approval for the issuance of Conditional Use Permit that would allow the communications company to erect a 288’ tall wireless telecom tower north of Burr on the Orlin Moss property. He said the Otoe County Planning Commission approved erection of the tower contingent upon three conditions: 1) Requirement of a $50,000 performance bond; 2) Allow space for county communications equipment on the lower 2/3 of the tower rent free; and 3) Place the tower so that there is has 1 to 1 setback (the tower is 228’ tall, therefore it should not be placed within 288’ of any property line). Skinner said Alltel agrees to the first two requirements but objects to number three. He said the 1 to 1 setback requirement is not written in the zoning regulations. If they move the site it would cost thousands of dollars and at least 4 months delay. He said he checked with Lancaster County who only requires a ½ to 1 setback which can be reduced if it would not affect adjoining property owners. Schmitz said he examined five existing towers in Otoe County and found that only 3 out of the 5 towers meet the 1 to 1 setback. This tower would be 290’ from the county road, but is only 85’ from the neighboring property line. Otoe County regulations specify that such towers should be set back from a public roadway or any adjoining dwelling by a distance equal to or exceeding the height of the tower. There is no dwelling on the adjoining property. Howard Bebout, who presided as Vice Chair at the Planning Commission meeting, said it was the general consensus of all members present that they should be consistent. Since they have been on the Commission, they have requested the 1 to 1 setback. If the tower falls over a property line, it would affect the neighbor. Also, the tower prohibits the neighbor from putting a building within that area if he would desire to do so in the future. Commissioner Haverty said he does not like to override what the Planning Commission has done. He advised Mr. Skinner to go back to Planning Commission and try to convince the members to withdraw the 1 to 1 setback stipulation. Commissioner Schroder suggested working with the neighbor to get an easement agreeing to a lesser setback requirement. Commissioner Haverty made a motion, seconded by Commissioner Schroder to table the matter until Alltel can work out something with the Planning Commission. Voting – Commissioners Haverty, aye; Schroder, aye. Motion carried.

Schmitz presented an Administrative Replat of Lot 1 Mortgage Hill Subdivision located in the SE ¼ of the NE ¼ S5-T7-R11 as requested by owners Dean and Carol Fisk. He noted that the owners want to construct a new building on the farmstead. When he resurveyed the property, he found that there was not enough footage between the building pad and the property line for a legal offset. The pad was built several years ago and the owner does not want to move it. Schmitz proposed to increase the lot size by .70 acres to accommodate the zoning regulations. Commissioner Schroder made a motion, seconded by Commissioner Haverty to authorize Chairman Haverty to sign the Administrative Replat for Mortgage Hill Subdivision as requested by owners Dean and Carol Fisk that increases the lot size from 5.95 acres to 6.65 acres. Voting – Commissioners Schroder, aye; Haverty, aye. Motion carried.

Glen Steffensmeier, Highway Superintendent and Rich Kuenning and Wally Pohlman, Road Foremen, came before the Board to discuss road and bridge matters.

Steffensmeier introduced Larry Miller with Nebraska Machinery, who came to review estimates he compiled to rebuild Motor Grade #19, a 1997 Cat Model 140G that has over 10,000 hours. At the request of the County Board, a Caterpillar mechanic performed a complete examination of the machine. He said that it had a good frame, but needed general maintenance. He proposed to perform a Certified Caterpillar Rebuild by rebuilding the entire drive train and other components which includes reconditioning the engine, radiator, front axle, circle, etc.; resealing tandems and final drive; replacing batteries, cables, hoses etc.; and sandblasting and painting the entire machine. The proposal also included engineering updates and cab upgrades. The rebuilt machine would be issued a 5000 hour warranty or three years, but he would expect it to get at least another 10,000 hours. Steffensmeier said it would be cheaper to rebuild the machine than to buy a new one. He said the County owns 5 fairly new graders (within 5 years old); 4 that are 10-11 years old; and 3 middle aged. Miller said the quoted prices are good until September. Commissioner Schroder made a motion, seconded by Commissioner Haverty to accept the proposal from Nebraska Machinery in the amount of $84,385 to rebuild Motor Grader #19. Voting – Commissioners Haverty, aye; Schroder, aye. Motion carried.

A Petition for Vacation of County Roadway was delivered to the County Clerk’s Office on June 12^th. The roadway, known as Plum Road, is located near S 72^nd and R Roads in the southeast corner of the County. John Crook made the original request in March. Since then, he has obtained the required signatures on the petition of electors residing within 10 miles of the road. The reasons listed why the road should be vacated are: Vandalism to both private property and the road itself during muddy road conditions; Maintenance for this road is expensive for the County. Commissioner Schroder made a motion, seconded by Commissioner Haverty to accept the signed petition and directed Supt Steffensmeier to continue with the mandated procedures for vacating a road. Voting – Commissioners Schroder, aye; Haverty, aye. Motion carried.

Every three years, organizations must renew an Application for Eligibility to purchase and receive federal surplus property. Commissioner Schroder made a motion, seconded by Commissioner Haverty to authorize Chairman Haverty to sign the application form listing Glen Steffensmeier, Walter Pohlman, Lynn Denniston, Richard Kuenning, Gregg Goebel and Rick Sedersten as Otoe County representatives authorized to make purchases from the Nebraska Federal Surplus Center in Lincoln. Voting – Commissioners Haverty, aye; Schroder, aye. Motion carried.

Steffensmeier said he was contacted by a new landowner who purchased property on the west side of S190th St between Roads C and D and is requesting driveway access. The west side is located in Lancaster County; however, Otoe County is responsible for the maintenance of this stretch of roadway and must give approval for the driveway. Since this portion is classified as minimum maintenance, county policy dictates that the new owner must pay the cost for upgrading the road to local road status and applying rock at the rate of 300 ton per ½ mile. He said the road is already in fair condition. He will give a cost estimate to the landowner and determine the best location for a driveway.

A few months ago, the County agreed to participate in the “Horizontal Curve Signs” project sponsored by the Nebraska Dept of Roads. The State will provide the signs, but county employees must install them. Before the signs can be ordered, participating counties are required to sign a “Right of Way Certificate” stating that they will not acquire new right-of-way for placement of the signs and they will not encroach on private property. Chairman Haverty signed the certificate which will be returned to the NDOR.

Steffensmeier said he will be meeting with FEMA representatives on Friday to go over a compilation of damages to roads and bridges resulting from heavy rainstorms during the months of May and June. He noted that a total of 7 bridges have been closed. If structural components are needed, the law requires professional engineering. He does not have a cost estimate for repairs and/or replacements yet.

Other business matters were addressed at this time.

Jackie Smith, County Treasurer, presented a resolution directing her to issue tax sale certificates on parcels of land which are 1 year delinquent on real estate taxes or special assessments. These parcels were not sold at the tax sale for lack of a buyer. Commissioner Schroder made a motion, seconded by Commissioner Haverty to sign Resolution 2008-28 approving said action. Voting - Commissioners Haverty, aye; Schroder, aye. Motion carried.

With the close of the fiscal year, the County Clerk reported that four budgets within the General Fund have insufficient funds to cover their obligations. They are: County Board - $156.66; Planning Commission - $2,354.76; Building Maintenance - $880.76 and Veterans Aid - $116.39. Commissioner Schroder made a motion, seconded by Commissioner Haverty to sign Resolutions 2008-29 increasing the County Board Budget in the amount of $156.66; Resolution 2008-30 increasing the Planning Commission Budget in the amount of $2,354.76; Resolution 2008-31 increasing the Building Maintenance Budget in the amount of $880.76; and Resolution 2008-32 increasing the Veterans Aid Budget in the amount of $116.39; said amounts to be transferred from the General Miscellaneous Fund. Voting – Commissioners Schroder, aye; Haverty, aye. Motion carried.

Marv Pesek, Veterans Service Officer, recommended the reappointment of Robert Hallstrom to serve another 5 year term on the Otoe County Veterans Service Committee. Commissioner Schroder made a motion, seconded by Commissioner Haverty to reappoint Robert Hallstrom to the Veterans Service Committee whose term will be effective July 2008 through June 2013. Voting – Commissioners Haverty, aye; Schroder, aye. Motion carried.

George Frye, Executive Director of SENDD (Southeast Nebraska Development District), gave his annual report of activities this past fiscal year. He said Otoe County, including its Villages and Cities, received services for projects equivalent to $2,227,000. A total of $16,379 dues were collected making the ratio of return $135.97 (for every dollar paid in dues the entity received $135.97 worth of services). Since 1981, the average ratio of return is valued at $173.77. Types of services available include assistance with the preparation of grant and loan applications, special studies, and staff consultation regarding eligibility and availability of programs associated with economic development or environmental issues. He said he is requesting membership dues of $9,448, an increase of $308 from last year. He made a separate request of $1,338 for supporting housing development, an amount unchanged since its inception. Commissioner Schroder made a motion, seconded by Commissioner Haverty to approve the budget requests stated above. Voting – Commissioners Schroder, aye; Haverty, aye. Motion carried.

A Public Hearing was held for the purpose of hearing support or objections to the issuance of a Catering License to the National Arbor Day Foundation DBA Kimmel Orchards. Erik Olson, General Manager, said the catering license will allow him to sell alcoholic beverages for consumption at a location designated on a Special Designated License (SDL) not defined on the retail liquor license. There being no objections, Commissioner Schroder made a motion, seconded by Commissioner Haverty to make a recommendation to the Nebraska Liquor Control Commission to issue a Catering License to the National Arbor Day Foundation DBA Kimmel Orchards. Voting – Commissioners Haverty, aye; Schroder, aye. Motion carried.

Subsequently, Mr. Olson requested County Board approval to change the address on their Class ID Liquor License from “6045 G Rd” to “5995 G Rd” as the result of a correction to 911 addressing. Also, he asked that the description of the premises be changed on the license to read as follows: “All buildings and the entire grounds of Kimmel Orchards approx 1300 x 2600 (Retail Building, Education Building, Bar and Shop) and excluding private residence”. Commissioner Schroder made a motion, seconded by Commissioner Haverty to approve changing the address on the Class ID Liquor License to 5995 G Rd as well as adding the above language to the premise description. Voting – Commissioners Schroder, aye; Haverty, aye. Motion carried.

Sandy Morrissey, Director of the Region V Prevention Coalition, appeared before the Board to give a brief report on how the Prevention Federal Block Grant dollars have been distributed and used in the southeast region of Nebraska. Otoe County has always received the maximum amount requested because of its involvement in setting up an active coalition to deter and/or prevent drug and alcohol abuse among its youth. She provided each Board Member with a 25 page Region V Profile Report that includes drug usage and gambling data. The information can be used to help schools and communities assess current conditions and identify and prioritize local prevention issues. Ms. Morrissey recently met with state officials who will be working with Region V to design and televise commercials that discourage teens from using alcohol and drugs. She commended Otoe County for being a strong and active coalition that encourages youth involvement while sponsoring drug free programs.

Steve Zimmers, Otoe County Extension Educator, gave his quarterly report. He introduced Melissa Pearman from Mullen Nebraska who is a senior at UNL majoring in family science. She is serving her internship in the Otoe County Extension Office, helping mostly with family oriented projects. Sarah Purcell is currently in Washington DC chaperoning a large group of teenagers who are participating in the Washington Focus 4-H program.

Larry Ossowski, Director of Blue Rivers Area Agency on Aging, came before the Board to make his annual report and budget request. In comparison to last fiscal year, the Handi-bus trips increased by nearly 200 trips and the hours for in-home services increased from 716 to 900. However, the number of meals served at the senior centers decreased by over 1000. The budget request for FY09 is $14,110 which is up $410. Ossowski said he is applying for a grant to purchase a new Handi-bus for the Syracuse area. The total purchase price is $50,000. If approved, the grant award would be $40,000 with a stipulation of a local match for $10,000. Commissioner Haverty suggested that he submit a request to a local Foundation for financial assistance in matching the grant.

Steven Kraviec, who has served as the legal counsel for Child Support Enforcement in Otoe County for the past several years, appeared before the Board to review his contract for renewal. Giving a brief background, Kraviec said he started in child support enforcement in Beatrice in 1989. Now he provides legal services in 5 other counties. He has no problem with conflicts because he does not engage in domestic law. Otoe County has an average of 700 child support cases each year. Teresa Johnson manages the office in Otoe County. Paperwork is handled via e-mail or fax with a one day turn-a-round. He attends court one day every month, but is always available by phone or email. County Attorney, Dave Partsch, said he contacted the local attorneys to see if anyone was interested in providing child support services. Only one attorney indicated an interest, but did not submit a formal response by the deadline. Ms. Johnson said she has had a good working relationship with Mr. Kraviec for 9 ½ years. Commissioner Schroder made a motion, seconded by Commissioner Haverty to authorize the Chairman to sign the Child Support Enforcement Contract by and between the County Board and Stephen Kraviec who will provide child support legal services at the rate of $1050 per month. Voting - Commissioners Schroder, aye; Haverty, aye. Motion carried.

Pat Haverty, Executive Director for River Country Economic Development Corporation (RCEDC), asked the Board to take a proactive stand in the wind generation industry by researching and incorporating regulations regarding this issue into the County’s Zoning Manual. If an opportunity arose for a developer or individual to erect a wind generator, the County would be prepared. He said there is no project for wind generation at this time. Otoe County is considered a good area, but not superb for utilizing the wind. The Board directed the Zoning Administrator to research regulations established by other counties and to contact Orval Stahr, who the County retains as a zoning consultant.

Pat Haverty provided each Board Member with the RCEDC proposed budget for FY09. Anticipated income includes contributions from the County, Nebraska City, and the NC Utilities. He increased the marketing budget from $6,000 to $8,000 most of which will be used to create a website in collaboration with NTCT. Payroll expenses are up due to the cost of living increase and payment for additional staff hours. Since he plans to move his office to the Center for Children & Families next year and with the rising cost of fuel, it is hard to predict utility costs. He increased that line item by $1,000. He made a formal budget request of $40,000 for FY09, an increase of $2,000. The Board said they would take his request under advisement while working through the FY09 budget.

Regarding the absence of the First District Commissioner, Chairman Haverty said the County needs to take action before running into a crisis. County Attorney, Dave Partsch, reviewed the requirements of State Statute 23-2012: When the County Board determines that an elected officer is incapable of fulfilling the duties of her office and can never recover the County Board may initiate procedures to remove the officer. The first step is to obtain a report from two physicians who have examined her or her medical records proving that she is incapable and can never recover. The Board shall then set a date for a public hearing and give a 10 day written notice to the officer of the hearing date. Partsch said this statute would allow the County Board to appoint someone on a temporary basis if they felt the need was urgent. However, according to State Statute 32-567 the appointment to fill a vacancy of a County Commissioner shall be made by a committee consisting of the County Attorney, County Clerk, and County Treasurer. These three are responsible for appointing someone to fulfill the term on a permanent basis. The qualifications for an appointee are the same as those for a candidate filing for that office. Any registered voter residing in First Commissioner District who wants to be considered as an appointee may express his/her interest to the committee.

At 12:02 p.m. Commissioner Schroder made a motion, seconded by Commissioner Haverty to go into executive session to discuss personnel issues with the Highway Superintendent and County Attorney. Voting – Commissioners Haverty, aye; Schroder, aye. Motion carried.

At 12:40 p.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 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 July 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 24th day of June 2008.

Janene Bennett

Otoe County Clerk