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 27, 2006, 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 27, 2006

 

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

                                previous meetings, audit and sign payroll claims and regular claims

 

         8:40 a.m. – Gregg Goebel – Discussion and/or action RE: Resolution to adopt a Radiological Emergency Plan

          

         8:45 a.m. –Public Hearings:

                            1) Dowdings Acres Subd for Harold Dowding Estate

                           2) SDS Subd requested by Scott David Semin

                           3) Preliminary and Final Plat for E H Beccard 2nd Subd requested by the Trustees of the Eldon

                                and Geneva Beccard Trust – Cancelled by owners farm sold

                           4) Vacation of Plat for Jensen Subd at the request of Richard and Nancy Jensen

                            5) Conditional Use Permit for a Bed & Breakfast requested by John Thomas and Diane Emmanuel

                                                                                                                                  

         9:00 a.m. – Open Bids – Metal Culverts

 

         9:05 a.m. -- Discussion and/or action regarding road and bridge matters

                                    1)   Discussion and/or action RE: Utility permits

                                    2)   Miscellaneous

 

        10:00 a.m. – Jerry Berggren, Architect and Jodi York, Chief Probation Officer: Discussion and/or action RE:

                             Design proposal for creating probation office space

 

        10:15 a.m. – Deputy Mike Holland reference Grant

 

        10:30 a.m. – Discussion and/or action RE:  Proposal from American National Bank - Leasing storage area

 

        10:45 a.m. – Dave Taladay, SENDD – Annual report and request for financial support          

 

         11:00 a.m. – Discussion and/or action RE: Wages for non-union county employees

                       

 

                 Other business matters to address when time allows:   

                         

                          Marv Pesek - Executive session to review General Assistance cases and/or applications

                          Renovation Committee – Presentation of letter of resignation

                          County Clerk – Discussion and/or action: Resolutions to transfer funds              

                         Miscellaneous Correspondence and other matters that may come before the Board

 

 

            1:00 p.m. – 4:30 p.m. – County Board of Commissioners will convene as the Board of Equalization RE:             Property Valuation Protests               

 

.                                                                                                       Janene Bennett

                                                                                                        County Clerk 

 

 

 

June 27, 2006

 

The Otoe County Board of Commissioners convened in regular session at 8:30 a.m. on June 27, 2006 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, Commissioner Stratker and Commissioner Giittinger. None absent.

 

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

 

Commissioner Giittinger made a motion, seconded by Commissioner Stratker to accept the minutes from the previous meeting but to include the following amendment as requested by Commissioner Stratker: Commissioner Stratker wished to clarify that he was in favor of the NACO Blue Cross/Blue Shield Insurance Plan but not in favor of the way the County is paying for the family portion of the health plan. Voting – Commissioners Stratker, aye; Giittinger, aye; Schroder, aye. Motion carried.

 

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

 

Gregg Goebel was not able to attend the meeting as scheduled; however, a resolution for an Emergency Reception Plan was given to the County Clerk to present to the Board. Commissioner Giittinger noted that in the event the Cooper Nuclear Power Plant would have an incident requiring emergency action, Otoe County would become a host county for evacuees due to its proximity to Brownville. Adoption of the resolution is needed to update the Emergency Reception Plan for Nuclear Power Plant incidents. Commissioner Stratker made a motion, seconded by Commissioner Schroder to sign Resolution 2006-25 reaffirming Otoe County’s cooperation in the development and implementation of the Emergency Reception Plan for Nuclear Power Plant incidents. Voting – Commissioners Schroder, aye; Stratker, aye; Giittinger, aye. Motion carried.

 

Several public hearings were scheduled for the purpose of hearing support or objections to the approval of subdivision plats.

 

Mark Easter, representing Marilyn Parks as the Personal Representative for the Harold Dowding Estate, noted that she desires to separate a 5 acre parcel, containing a house and several outbuildings from the farm ground. He said water tests have indicated high nitrate levels; therefore the water is not drinkable. The seller has started procedures to hook into the rural water system. Bill Umland from the Otoe County Planning Commission said the plat was approved at their June meeting contingent upon the availability of a good water supply. Commissioner Giittinger made a motion, seconded by Commissioner Stratker to authorize Chairman Schroder to sign the plat map for Dowdings Acres Subdivision located in the SW ¼ of the SE ¼ of S23-T9-R9 as requested by Marilyn Parks, P.R. for the Harold Dowding Estate. Voting – Commissioners Stratker, aye; Giittinger, aye; Schroder, aye. Motion carried.

 

Scott Semin appeared before the Board representing SDS Subdivision. According to Mr. Semin, he is separating 4.87 acres from a 16.64 acre tract so that he can build a new home. Mr. Umland said the Planning Commission had concerns with a slope where he plans to construct his driveway, but did approve the subdivision since it met all other requirements.  Commissioner Giittinger made a motion, seconded by Commissioner Stratker to authorize Chairman Schroder to sign the plat map for SDS Subdivision located in the NW ¼ of the NS ¼ S17-T8-R9 as requested by Scott David Semin. Voting – Commissioners Giittinger, aye; Schroder, aye; Stratker, aye. Motion carried. The Board advised Mr. Semin to construct his driveway so that it would allow safe distance visibility.

 

The hearing regarding the Preliminary and Final Plat for E. H. Beccard 2nd Subdivision was cancelled by the owners due to the sale of the farm.

 

In the absence of Dave Schmitz, Bill Umland testified on behalf of the owners of Jensen Subdivision. He said that Richard and Nancy Jensen desire to vacate the subdivision and revert it back to one parcel. Commissioner Giittinger made a motion, seconded by Commissioner Stratker to vacate the plat for Jensen Subdivision located in the NE ¼ S32-T8-R14 at the request of Richard and Nancy Jensen. Voting – Commissioners Schroder, aye; Stratker, aye; Giittinger, aye. Motion carried.

 

A public hearing was held for the purpose of hearing support or objections to the issuance of a Conditional Use Permit to Diane Emanuel and John Thomas that would allow them to establish a Bed and Breakfast in a house located at 750 S 64th Rd. Ms. Emanuel said that she has  signed and agreement to purchase approximately 12.21 acres of the Jensen property. The Jensens want to retain ownership of the grain bin which is located within 50 feet of the new property line. A request for a variance was taken to the Board of Adjustment. It was approved by a vote of 3 to 2; however, the bylaws stipulate that the variance must be approved by at least 4 members of the Board of Adjustment. The issue will be reviewed again at the July meeting of the Board of Adjustment. In the meantime, she has agreed to file an easement allowing the Jensens to use the driveway to access the grain bin. A Conditional Use Permit was approved by the Planning Commission subject to getting the variance approved. Commissioner Giittinger made a motion, seconded by Commissioner Stratker to approve issuance of a Conditional Use Permit to Diane Emanuel and John Thomas that allows them to establish a Bed and Breakfast at 750 S 64th Rd provided the setback issues are settled.  Voting – Commissioners Schroder, aye; Stratker, aye; Giittinger, aye. Motion carried.

 

At 9:00 a.m. bids were publicly opened and read for the purchase of various sizes of metal corrugated tubes and bands. Those vendors submitting bids were:

            Vendor                                                           Amount                       Delivery Date

Ace/Eaton Metals, Kearney                         $37,432.68                By July 27, 2006

Contech Construction, Lincoln                                 $42,727.10                By July 25, 2006

Metal Culverts, Jefferson City, MO              $38,730.40                By July 24, 2006

Midwest Service & Sales, Schuyler NE                 $39,247.59                Within 3 to 4 weeks

Commissioner Giittinger made a motion, seconded by Commissioner Stratker to approve purchase from the low bidder, Ace Eaton Metals in the amount of $37,432.68. Voting – Commissioners Stratker, aye; Giittinger, aye; Schroder, aye. Motion carried. Representatives from Midwest Service & Sales and Metal Culverts were present for the bid opening.

 

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

 

Denniston reported that he is working on a wooden bridge north of Talmage. He is repairing and/or replacing stringers and hopes to have the job completed by the 4th of July.

 

Pohlman and Kuenning have been removing and replacing cement culverts. Kuenning said he was having some mechanical problems with the 1965 dozer. He obtained a quote for repairs from Caterpillar which exceeded $11,000. The Board suggested that he secure estimates from other vendors for comparison. Kuenning added that he puts 500–700 hours on the machine per year. He also mentioned that his crew is still short 1 man. Commissioner Stratker suggested hiring a temporary part-time motor grader operator since there is a freeze on hiring permanent employees until the union contract is settled.

 

A utility permit was received from Nebraska City Utilities requesting the County’s permission to occupy county road right of way while installing an underground gas line. Giittinger made a motion, seconded by Commissioner Stratker to approve issuance of the utility permit to Nebraska City Utilities granting them permission to occupy county road right of way while installing a gas line at 380 S 66th Rd. Voting – Commissioners Giittinger, aye; Schroder, aye; Stratker, aye. Motion carried.

 

Commissioner Stratker asked the County Appraiser, Tim Smulling and County Assessor, Brandi Reimers to explain the history of county road right of way. When county roads were platted, state policy stipulated that the landowner would own the right of way, but it would not be valued or taxed. Right of way is listed on the landowner’s property card, but it has no value assessed to it. By statute, the landowner is responsible for maintaining and/or mowing the area. The County has the rights to use the right of way, but the property owner owns it. Commissioner Stratker said that some people think they are paying taxes on the right of way, entitling them to pasture it or plant crops on it. The public needs to be educated on the ownership and responsibilities regarding road right of way.

 

It was announced that the deadline for accepting applications for the position of County Highway Superintendent has been extended to June 30th. The applicant must hold a Class A superintendent’s license or go to school to obtain one at his own expense.

 

Architect Jerry Berggren presented a list of possible change orders. In regards to Items 1, 2 and 3 he reported that he did not have any prices for reconstructing the basement yet and he felt the quote of $62,799 for refinishing the second floor to suit the needs of probation space was too high. He noted that a large portion of the expense was attributed to heating, cooling and electrical work. He is still considering ideas to relocate the Drivers Examiners and acquire additional storage space. Item 4 – Acid washing the quarry tile floor at the north entry vestibule - $1,377. Janis Riege said the Renovation Committee didn’t recommend the wash; the janitor was going to clean it himself. Item 5 – Extend linoleum flooring 4’ beyond the vault door in the Register of Deeds Office -$593 – The Committee agreed this needed to be done so that the door can be fully opened, however they questioned who should be responsible for paying the additional cost. They did not feel the County should pay for something that should have been done right the first time. Item 6 – Furnish and install carpeting over the wooden flooring on second floor - $5,398. The Committee agreed to have the contractor restore the wood flooring to the same condition it was before construction began which was included in his original bid. Item 7 – Create diamond cuts in the cement flooring on first floor to replicate the current tile pattern - $8,365. The Committee reminded the Board that a grant from the Wirth Foundation will be used to pay the entire cost of restoring the tile flooring on the first floor corridor. Item 9 – Add additional conduit in County Clerk’s Office - $394. Item 10 – Install carpet at the entry to the County Court Magistrate’s Office in lieu of linoleum – credit of $124. Item 11 – Repair the wheel that rings the bell in the cupola - $6,960. The Committee recommended delaying this project until outside funding becomes available.    Commissioner Giittinger made a motion, seconded by Commissioner Stratker to approve Items 7, 9, 10 in the aggregate amount of $8,635 (of which $8,365 will be paid by the Wirth Foundation). Voting – Commissioners Schroder, aye; Stratker, aye; Giittinger, aye. Motion carried.

 

Berggren said he would like to table discussion regarding the probation space proposal since Chief Probation Officer, Jodi York, could not attend today’s meeting. The Board asked Berggren to find out the number of square feet the County must provide and how many square feet are available in the courthouse. County Attorney, Jeff Funke, said Nebraska Law states that a county must provide office space to the probation system so they can conduct official duties. He questioned whether the SAS program is considered an “official duty”? Otoe County has been designated as a pilot county to test the program. There are currently 3 or 4 persons participating. If the program is a huge success, they may outgrow their new space in the courthouse; if the program fails, there would be no need to expand in the courthouse. It is his interpretation that providing meeting rooms and office space should be enough to fulfill the law. Commissioner Giittinger asked who wrote the legislation for the SAS program and did they consider the cost to the pilot counties. This day reporting service will involve several hours a day, some occurring in the evening.  It provides computer training, job searching and other educational skills that will be beneficial to probationers who need positive reinforcement in turning their lives around.  Commissioner Schroder felt that if the State wants to mandate this program, they should be paying for some of it.   

 

At the previous meeting, Chief Deputy Mike Holland, notified the Board that grant money has become available to assist counties in the reduction of traffic accidents. Today, he distributed a revised grant application form with firmer numbers. He is requesting money to hire and outfit two traffic enforcement officers. The total project was calculated at $223,998; $211,498 would be funded by the grant with a $12,500 match from the County. He estimated the cost to the County would be about $30,000 for the next three years. The grant application is due June 30th and would need to be renewed the following two years. Holland said if he had to make a choice between communication staff or traffic enforcement officers, he would rather see an increase in the dispatcher’s staff. However, there is no grant money available for communication staff. He thought it would cost about $100,000 to hire three more dispatchers. Commissioner Giittinger said the County needs to increase the pay to attract quality employees. Dispatchers must be computer literate in addition to good communication skills with the ability to handle emergency situations.  The Board chose not to sign the grant application that would have been used to hire and outfit two traffic enforcement officers.

.

 

Commissioner Stratker was given a sealed proposal from Mike Hall at American National Bank regarding storage rental fees. He offered 700 square feet for a fee of $500 per month. The County would have 24 hour access and the area would be climate controlled.  The Clerk of the District Court said if judicial records were kept there, they would need to be isolated in a locked cage. County Treasurer Jackie Smith commented that the issue of securing offsite storage is premature. There are too many unknown factors. First we need to identify how much space is required for probation personnel and record storage; then determine if there really is a need. Gregg Goebel had suggested constructing a storage shed at the County Road Shop as an alternative. This needs to be studied as well. County Clerk Janene Bennett said that the County hired personnel from Records Management to clean out old files about 10 years ago for less than $500. Many of the items that were carried to the basement may not be needed or used after the renovation is complete. We need time to determine what should be saved. By disposing of unneeded items and records, we will create more space. Commissioner Giittinger made a motion, seconded by Commissioner Stratker to hire personnel from Records Management to determine which files/records can be disposed of. Voting - Commissioners Stratker, aye; Giittinger, aye; Schroder, aye. Motion carried.

 

Dave Taladay, representing SENDD (Southeast Nebraska Development District), appeared before the Board to give an annual report and make an official request for dues. For FY06, Otoe County received $154.49 worth of services for each dollar of dues paid. The most recent project requiring their assistance was preparation of the grant application for the construction of the Lewis & Clark Center east of Nebraska City. SENDD provides administrative and management assistance on a revolving loan fund that was set up to help new businesses get started. He said membership dues will increase from $8,216 to $8,678. If the County chooses to participate in the Housing Initiative, the assessment would be an additional $1,338 base on a .30 per capita ratio.

 

There was some discussion regarding wages for non-union county employees. Commissioner Stratker questioned why the secretary from the road department was still receiving $40 per month from the Planning Commission budget when she no longer attends the Planning Commission meetings. The County Clerk said she has been paid $40 a month for many years. It was her understanding that Ms. Hogue was offered the $40 as compensation to attend and take minutes for the Planning Commission meetings that are held in the evenings. About two years ago, a member of the Planning Commission was asked to take the minutes so Ms. Hogue was no longer required to attend the meetings. However, she was asked to continue her duties as administrative assistant to the Zoning Administrator who requested that she continue receiving the $40. Commissioner Stratker felt that if she was doing planning/zoning work during her regular hours she should not receive the extra pay. Commissioner Stratker made a motion, seconded by Commissioner Schroder to discontinue paying Alene Houge $40 per month from the Planning Commission budget since she no longer attends Planning Commission meetings. Voting – Commissioners Schroder, aye; Stratker, aye; Giittinger, no.  Motion carried.

 

Commissioner Giittinger suggested giving a 3% cost of living raise based on the average pay of all non-union employees that are paid by the hour. (He estimated it to be 33 to 35 cents) In this way, everyone will get the same amount across the board. Commissioner Stratker suggested 30 cents, which is the same as the previous two years. The question arose that if the Court of Industrial Relations determines that union employees should be given more than 30 cents per hour, will the County make up the difference and go back retro active for the non-union employees? Commissioner Giittinger made a motion, seconded by Commissioner Stratker to give non-union employees a 30 cent per hour raise effective with the first pay period in July; if the CIR rules to give union employees more than 30 cents per hour, the County will look at further adjustment at that time. Voting – Commissioners Schroder, aye; Stratker, aye; Giittinger, aye. Motion carried. A second motion was made by Commissioner Giittinger and seconded by Commissioner Stratker to increase the annual salary of the Emergency Management Director, Veterans Service Officer and Computer Technician by $624. Voting – Commissioner Stratker, aye; Giittinger, aye; Schroder, aye. Motion carried.

 

Jackie Smith, representing the Courthouse Renovation Committee, came before the Board to deliver official notice that the Committee will disband effective July 15, 2006 in light of the fact the renovation is coming to completion and the need for a renovation committee has ended. Chairman Schroder thanked the committee members for their time and effort.

 

With the close of the fiscal year, the County Clerk reported that three individual budgets within the General Fund have insufficient funds to cover their obligations. They are the Otoe County Coroner - $10,134.46; the Administrative Office for DHHS - $213.50; and the County Commissioners - $875.87. Commissioner Stratker stated that he rarely turns in mileage. Commissioner Giittinger made a motion, seconded by Commissioner Stratker to increase the budgets of the County Coroner by $10,134.46, Administrative Office for DHHS by $213.50 and County Commissioners by $875.87; said amounts to be transferred from Miscellaneous General. Voting – Commissioners Giittinger, aye; Stratker, aye; Schroder, aye. Motion carried.

 

There being no further business to come before the Board at this time, and since all items on the agenda have been disposed of, Joy W Schroder, Chairman of the Board, declared this meeting adjourned, until the next one, which will be on July 11, 2006.

 

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 27th day of June 2006.

 

 

 

 

Janene Bennett

Otoe County Clerk