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, 2007, 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, 2007

         

         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. – Dave Schmitz, Zoning Administrator

Public Hearings: 1) Huber Subd located in the SW ¼ SE ¼ 12-9-12 for Bruce and Joan Huber

                2) Beverly J Johns Subd located in the E ½ NE ¼ 4-7-13 for Beverly J Johns

                3) Westfield Estates Preliminary Plat, 53.38 acres located in N ½ SW ¼ 10-8-13

                      

         9:00 a.m. -- Discussion and/or action regarding other road and bridge matters

a)      Discussion and/or action RE:  Permission to advertise for bids for purchase of rock trailer

b)      Discussion and/or action RE:  Paperwork for Bridge Project BRO-7066(25) Palmyra SE

c)      Discussion and/or action RE:  Sale of county owned property in N ½ SE ¼ 18-8-14

d)      Miscellaneous

               

        10:00 a.m. – Discussion and/or action RE: Contract with Lancaster County Detention Services

 

        10:15 a.m. – Discussion and/or action RE: National Assn of County Officials Prescription Drug Card Plan

 

        10:30 a.m. – Discussion and/or action RE: Procedures for appointing someone to fulfill the term of Co Attorney

 

        10:45 a.m. – Jeff Funke, County Attorney: Discussion and/or action RE: The vacation of Bagel Drive road

                        For use by Diversified Foods; Discussion and/or action RE: Resolution for Intent to Issue Bonds

 

        11:00 a.m. - Mike Holland, Deputy: Discussion and/or action RE: Application for Traffic Enforcement Grant

       

        11:15 a.m. – Public hearing to amend the 06-07 budget involving Homeland Security Grant Fund

 

        11:30 a.m. - Jim Myers, Weed Supt: Discussion and/or action RE: Vegetation management issues

 

        Other business matters to address when time allows:

                    Discussion and/or action RE: Cancel check #06060142

                    Discussion and/or action RE: Contract renewal - Authorized Attorney for Child Support Enforcement

                    Jackie Smith, Co Treasurer: Discussion and/or action RE: Pledged security(s);

                                                                   Resolution to issue tax sale certificates

                    Andrea Walters, Co Assessor: Discussion and/or action RE: Tax list corrections

                    Discussion and/or action RE: Resolution to transfer funds from General Miscellaneous to Bldg Maint

                    Marv Pesek, GA Administrator: Discussion General Assistance Applications/Cases (Executive Session)

                    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 26, 2007

 

The Otoe County Board of Commissioners convened in regular session at 8:30 a.m. on June 26, 2007 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.  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 Joy W Schroder. Answering present at roll call were Commissioner Schroder and Commissioner Haverty. Commissioner Thummel was absent.

 

Commissioner Haverty made a motion, seconded by Commissioner Schroder to accept the agenda as posted. Voting -- Commissioners Schroder, aye; Haverty, aye. Motion carried.

 

Commissioner Haverty made a motion, seconded by Commissioner Schroder to accept the minutes from the previous meeting as mailed to them and not have them read. Voting – Commissioners Haverty, aye; Schroder, aye. Motion carried.

 

Commissioner Haverty made a motion, seconded by Commissioner Schroder to audit and sign payroll claims and regular claims as presented, unless otherwise noted. Voting – Commissioners Haverty, aye; Schroder, aye. Motion carried.

 

Chairman Schroder informed the pubic 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 while present in the meeting room.

 

Dave Schmitz presented two subdivision plats for approval.

 

1) Huber Subdivision located in the SW ¼ SE ¼ S12-T9-R12: The Hubers are subdividing 7.62 acres from an 80 acre farm that includes the house and various outbuildings as a result of estate planning. Commissioner Haverty made a motion, seconded by Commissioner Schroder to authorize Chairman Schroder to sign the plat map for Huber Subdivision as requested by Robert Bruce and Joan Huber. Voting – Commissioners Schroder, aye; Haverty, aye. Motion carried.

 

2) Beverly J Johns Subdivision located in the E ½ NE ¼ S4-T7-R13; 80 acres. Ms Johns separated 2 acres (the minimum requirement) where the house is located and currently being rented. The remaining 78 acres will be sold. Commissioner Haverty made a motion, seconded by Commissioner Schroder to authorize the Chairman to sign the plat map for Beverly J Johns Subdivision as requested by Beverly J Johns. Voting – Commissioners Haverty, aye; Schroder, aye. Motion carried.

 

Schmitz reported that the Preliminary Plat for Westfield Estates was presented for discussion at the Planning Commission meeting on June 21st. The proposed 53.38 acre development is located in part of the N ½ of the SW ¼ S10-T8-R13. Providing sufficient water with a lagoon or septic system is still an issue. The developer has drilled 2 wells and found water, but couldn’t guarantee there would be enough water for the 10 platted lots of 3 acres or more. Rural water lines run nearby, but the Rural Water Board is not taking new customers at this time. Commissioner Haverty was told that the water line that feeds the rural water tower is not large enough to maintain an ample level of water in the tower during peak period uses if a number of new hook-ups are approved. The Rural Water Board is trying to determine a remedy for the situation, so there still is a possibility the development could hook into the rural water lines later. Commissioner Schroder made a motion, seconded by Commissioner Haverty to table any action until the water situation can be resolved. Voting – Commissioners Schroder, aye; Haverty, aye. Motion carried.

 

Glen Steffensmeier, Highway Superintendent, and Wally Pohlman, Road Foreman, came before the Board to discuss road and bridge issues.

 

Steffensmeier said the County’s pup trailer is worn out – the box is cracked and leaks; the springs and shackles are worn out; the lights need constant repairs, etc. The truck pulling the trailer is in good shape yet, so he is requesting to purchase a new trailer this upcoming fiscal year, then a new truck the following year. The County owns two full-sized dump trucks - one has over 400,000 miles; the other one has nearly 800,000. Commissioner Schroder suggested that he advertise for a truck and trailer, using the truck with the most miles on it as the trade-in. During the budget planning process, the Board will determine whether the County can afford to purchase a truck & trailer or just the trailer.

 

Steffensmeier and Commissioner Schroder will attend a pre-construction meeting next week for Bridge Project BRO-7066(25) located southeast of Palmyra. Steffensmeier said he is going to require that the contractor have someone check and document that barricades are in place every morning and every night.

 

At the previous meeting, the Board agreed to offer for sale approximately 4 acres of county owned property located in the N ½ SE ¼ S18-T8-R14. Foreman Pohlman said the road department has been storing rip rap there. He questioned where the rip rap should be moved to if the property is sold. Commissioner Haverty said the County needs to proceed with the sale, but if the bids are not reasonable and the Board determines that the property is worth more to the County to keep for storage, then they have the right to reject the bids. However, Commissioner Haverty said the County should install fencing around the perimeter and post a sign so that the public doesn’t use it as a dump site.

 

Steffensmeier reported that the OPPD Highway needs some repair. The cement is cracking as it sinks with the sub-grade. He thought there could be an underground spring causing the problem or the rains have washed beneath the pavement. He will get quotes from local contractors and specify that hot mix concrete be used that will dry fast so as not to interfere with traffic for a very long time. He estimated the cost to be around $15,000 to $20,000. He also said he plans to fix one lane at a time and set up traffic control.

 

There was some discussion regarding the installation of fencing in county road-of-way. A motor grader operator reported that he found a 2-wire fence with T-posts on the edge of a road located west of Intersection 26-E.  The person had built the fence so that his horses and mules could graze on the grass. When Commissioner Schroder asked him to remove the fence, he did so but asked for a copy of the statute that specified this was an illegal practice. Commissioner Schroder advised him the posts created a hazard to motorists. Steffensmeier said he will look in a manual of Nebraska Roadway regulations for the statute that addresses obstructions in roadways.

 

Steffensmeier said the paved portion of County Road C that leads to the Woodland Hills Development is 14 years old. The asphalt is dried out and too far gone for armor coating. When the road was built, the landowners created a paving district and paid for the hard surfacing; however, it is the County’s responsibility to maintain it. There are about 25 miles of hard surfaced roads in the County. In addition to this portion of C Road, the County must maintain old Highway 2 between Dunbar and Syracuse, the Syracuse-Unadilla Road, Business Highway 75 (a/k/a G Rd), Centennial Avenue and the OPPD Highway. Steffensmeier noted that it costs about the same to maintain a rock road as a paved road which is $7,000 to $8,000 per mile. Commissioner Haverty said he would like to see the County set up a sinking fund where money is set aside every year for paved road maintenance.  He also said the County should establish a policy on how to maintain these roads. In the meantime, Steffensmeier will write specs for the overlay of this portion of C Road.

 

Pohlman said the Case Motor Grader is broken down again. It is still under warranty, but the parts won’t be available until the middle of July. The dealer doesn’t keep these parts in stock; they are manufactured when they are ordered. Commissioner Schroder questioned whether the dealer could provide a loaner. Pohlman said he hasn’t been able to talk with the head man yet; the secretary says he is either unavailable or out of the office.

 

Other business matters were addressed at this time.

 

Commissioner Haverty made a motion, seconded by Commissioner Schroder to cancel check #07060142 in the amount of $25. Voting- Commissioner Haverty, aye; Schroder, aye. Motion carried. The claim for highway superintendent association dues was submitted twice in error.

 

Commissioner Haverty made a motion, seconded by Commissioner Schroder to authorize Chairman Schroder to sign and enter into a contract with Stephen Kraviec who agrees to provide legal services as the Authorized Attorney for Child Support Enforcement. Voting - Commissioner Schroder, aye; Haverty, aye. Motion carried. The term of the contract runs July 1, 2007 through June 30, 2008. The attorney fees will be paid at the monthly rate of $1,050.

 

With the close of the fiscal year, the County Clerk reported that the building maintenance budget within the General Fund has insufficient funds to cover its obligations. She said the Board needs to transfer $3,508.86 from General Miscellaneous Budget to the Building Maintenance Budget. The overrun resulted when part-time maintenance personnel were hired to help the janitor during renovation. Commissioner Haverty made a motion, seconded by Commissioner Schroder to sign Resolution 2007-11 increasing the Building Maintenance Budget in the amount of $3,508.86; said amount to be transferred from General Miscellaneous Fund. Voting – Commissioners Haverty, aye; Schroder, aye. Motion carried.

 

In April, the County Board received a proposed agreement from the Lancaster County Youth Services Center offering their facilities for detaining Otoe County juveniles. After reviewing the contract, Otoe County Attorney, Jeff Funke, contacted the agency to request that some language be changed to assure that Otoe County would still have the ability to choose whichever detention center it wants to use. (Otoe County also has a contract with Sarpy County). Dave Partsch, Deputy County Attorney, advised the Board that a revised contract has been returned, the requested changes have been made and he recommended board approval.   Therefore, Commissioner Haverty made a motion, seconded by Commissioner Schroder to sign the revised contract with the Lancaster County Youth Services Center, agreeing to a per diem rate of $244.50 for detaining Otoe County juveniles. Voting – Commissioner Schroder, aye; Haverty, aye. Motion carried.

 

As a member of the National Association of County Officials, Otoe County may choose to offer a discounted Prescription Drug Card to Otoe County residents. The card may be used any time your prescription is not covered by insurance. Commissioner Schroder said he has spoken with Commissioners from Lancaster County who said they considered this to be a good benefit to their constituents. The cards are placed in public areas for people to pick up and use at participating pharmacies. About a year ago, the plan was discussed at a board meeting where local pharmacists expressed their concerns. It was their general consensus that the card would provide little savings and they did not support the plan. Commissioner Haverty said he thought it would benefit very few people; but, he didn’t see a big impact on our local merchants or pharmacists. Therefore, Commissioner Haverty made a motion, seconded by Commissioner Schroder to participate in the National Association of Counties drug discount card program. Voting – Commissioner Haverty, aye; Schroder, aye. Motion carried. It was suggested that a brochure be included as an enclosure in the tax statements to inform the people about the benefit.

 

Marv Pesek, GA Administrator said he had no general assistance matters to discuss today.

 

With the appointment of Jeff Funke as a judge to the County Court for the Second District, the position of Otoe County Attorney will become vacant. Dave Partsch, Deputy County Attorney, said it is the County Commissioners’ responsibility to appoint someone to fulfill the term. When Mr. Funke was appointed to fulfill the term for Max Kelch, the Board advertised to take applications. He recommended that they follow the same procedures as was done then. The Board may start advertising immediately. Mr. Funke’s last day as Otoe County Attorney is scheduled for July 20th. The Deputy County Attorney will assume the County Attorney duties until a permanent one is appointed. Commissioner Haverty made a motion, seconded by Commissioner Schroder to direct the County Clerk to advertise for the position of Otoe County Attorney and to accept applications through July 10, 2007. Voting – Commissioner Schroder, aye; Haverty, aye. Motion carried. They plan to conduct interviews and make the appointment by the July 24th meeting if possible.

 

At the May 22, 2007, meeting, the Board was notified that Diversified Foods had purchased the former Arnie’s Bagelicious property and would be making a request to the County to vacate Bagel Drive. The roadway extends south from Industrial Road to the plant itself. A letter has been received from Nebraska City Utilities who are concerned that they need access from Bagel Drive to service their power station that is located on the east side of the roadway. They asked that the County Board table the matter until they have time to review the situation. Pat Haverty, Executive Director for RCEDC, said the Utilities would prefer that the County vacate a portion of Bagel Drive beginning at a point south of the Utilities’ driveway. Commissioner Haverty suggested vacating the entire road, but giving the Utilities an easement. Pat Haverty said all entities need to continue discussion and consider all options. Commissioner Haverty made a motion, seconded by Commissioner Schroder to table any action to vacate Bagel Drive until all affected entities can meet together to discuss the matter. Voting – Commissioner Haverty, aye; Schroder, aye. Motion carried. 

 

Pat Haverty explained the provisions of a resolution for the County to declare its intent to issue and sell industrial development revenue bonds for Diversified Foods. As the Director for RCEDC, Haverty said the resolution needs to be in place when or if the need arises to issue bonds. In accordance with State Statutes 13-1101 to 13-1110, an industrial development project, such as the establishment of Diversified Foods (a frozen food manufacturing facility) may defray the cost of the project through the sale of bonds. Bonds must be issued through a governing body and since the company is located outside corporate limits, the governing body is the County. Haverty assured the Commissioners that the County will not be liable for non payment if bonds are issued. The bonds are sold to a firm; payments will be made directly to a company – not to the County. Diversified Foods has estimated to spend $6.5 million dollars to purchase and renovate the property. By having the “Intent to issue industrial development bonds” in place, Diversified Foods will be able to apply to NIFA for allocation of funds and it will allow them to go back 60 days to pick up the expenses already paid, including the purchase price of the building.  Commissioner Haverty made a motion, seconded by Commissioner Schroder to authorize Chairman Schroder to sign the Resolution of Intent (2007-12) regarding the issuance of industrial development bonds for Diversified Foods. Voting – Commissioner Schroder, aye; Haverty, aye. Motion carried.

 

Therese Trombino, Deputy County Assessor presented the following tax list corrections: 1) Charles and Julie Hagedorn, Lot 4, Blk 24, N C Proper - add $1,598.02 - purchased tax exempt property that should have been taxable for 2006. 2) Gerard H Timothy, Tract in NE ¼ 3-7-13 – add $428.14 – Dept of Revenue disapproved his homestead exemption. Commissioner Haverty made a motion, seconded by Commissioner Schroder to approve the tax list corrections as presented.  Voting – Commissioner Haverty, aye; Schroder, aye. Motion carried.

 

Jackie Smith, County Treasurer, requested the release of a pledged security with Otoe County Bank, Nebraska City, in the amount of $500,000 due to a decrease in deposits. Commissioner Haverty made a motion, seconded by Commissioner Schroder to adopt Resolution 2007-13 approving said transaction. Voting – Commissioners Schroder, aye; Haverty, aye. Motion carried.

 

Ms. Smith then presented a resolution for Tax Sale Certificates. Commissioner Haverty made a motion, seconded by Commissioner Schroder to sign and adopt Resolution 2007-14 directing the County Treasurer to issue Tax Sale Certificates in the name of the County on those parcels that are one year delinquent in payment of real estate taxes or special assessments. Voting - Commissioners Haverty, aye; Schroder, aye. Motion carried.

 

Mike Holland, Chief Deputy Sheriff, came before the Board seeking permission to apply for a grant from the Office on Highway Safety. If received, the money would be used to hire a deputy that would be assigned as a traffic enforcement and education officer only. His hours would be flexible, including days, nights or weekends. The budget proposal also includes a new patrol car equipped with a laptop computer, radar, radios, cameras, light bars, etc. In addition, there will be enough money to send three current officers to training so that they will be certified for motor vehicle crash reconstruction investigations. The overall cost of this project will be $152,408 - $143,408 will be funded by the grant and the County will have to commit a match of $9,000 for fuel and some education costs. The following year, the County would be eligible to apply for a $100,000 grant, then $70,000 in the third year. By year four, the County will assume all the expenses for employing the traffic officer. Commissioner Haverty made a motion, seconded by Commissioner Schroder to grant Deputy Holland permission to proceed with the grant application, noting that the County is not obligated to accept award of the grant if the County’s budget will not substantiate matched funding.  Voting – Commissioners Schroder, aye; Haverty, aye. Motion carried.

 

The County Clerk reported that the FY06-07 budget needs to be amended to increase the Homeland Security Grant Fund’s spending authority by $23,304. She said the County received more money than was anticipated. There being no objections, Commissioner Haverty made a motion, seconded by Commissioner Schroder to amend the FY06-07 budget to increase the Homeland Security Grant Fund from $691,696.00 to $715,000.00, a difference of $23,304. Voting – Commissioners Haverty, aye; Schroder, aye. Motion carried.

 

Jim Myers, Weed Superintendent, appeared before the Board to discuss the problem with unwanted weeds/brush growing around bridge approaches, intersections and road signs.       Weeds, brush or trees that encroach into the travel area of county roadways also create hazardous driving conditions. Hwy Supt Steffensmeier asked the Board if Myers has the authority to spray the weeds and brush. He said none of the guys on the road crew are certified to spray chemicals. Myers said he has a commercial applicators license and the truck and equipment to do the job, but he needs approval from the Commissioners. Steffensmeier said if Myers is not allowed to spray them, then he will have to send men out to cut them down when their labor could be better utilized elsewhere. Myers said the Noxious Weed budget was $26,125 last year. But if he is expected to take care of spraying weeds for vegetation management in addition to noxious weed control, then he will have to ask for an increased budget. He would have to allow more money for mileage and labor as well as purchase more chemicals; therefore he made a budget request of $36,500 for FY07-08. The Board told Myers he could start spraying the weeds; however, the budget won’t be adopted until September. There was a brief discussion of the roadside mowing policy. In accordance with State Statute 39-1811, landowners are responsible for mowing the right-of-way adjacent to their property once before July 15th and again by August 1st of every year. Past policy has been that when Myers receives a complaint that landowners are not in compliance, he will inspect the area and write a report for the County Board who will then notify the landowner that he/she is in violation. Commissioner Haverty said that maintainer operators need to be aware of these deadlines so that they are not leaving clumps/ridges on the roadside, making it unsafe or impossible for the farmer to mow or shred them as required.

 

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 Haverty made a motion, seconded by Commissioner Schroder to declare this meeting adjourned, until the next one, which will be on July 10, 2007. Voting – Commissioners Schroder, aye; Haverty, aye. Motion carried.

 

I, Janene Bennett, County Clerk for 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 my seal this 26th day of June 2007.

 

 

Janene Bennett

Otoe County Clerk