NOTICE OF MEETING

 

Otoe County Courthouse

Nebraska City NE  68410

 

NOTICE IS HEREBY GIVEN that the Regular meeting of the Otoe County Commissioners of Otoe County, Nebraska, will be held at 8:30 A.M. on July 10, 2007, in the County Courtroom (108) of the Otoe County Courthouse at Nebraska City.  The meeting will be open to the public.  An agenda for such meeting is kept continuously current, and is available for public inspection at the office of the County Clerk at the Courthouse, but the agenda may be modified at such meetings to include items of an emergency nature only.

                 

                   

 AGENDA OF THE NEXT MEETING                                       July 10, 2007

 

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

                                meeting, Audit and Sign payroll and regular claims

 

 8:45 a.m. – Dave Schmitz, Zoning Admin: Discussion and/or action RE: Administrative Replat of

                        Vollman Subdivision located in part NE ¼ Sec 4 and part NW ¼ Sec 3, T8-R11

 

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

a)      Kevin Kramer - Discussion and/or action RE: Statute 39-301 “obstructions in

      County right-of-way”

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

c)      Miscellaneous

 

 9:30 a.m. – Pam Pinkerton, Windstream: Discussion and/or action RE: Maintenance Contract for

                         911 Communication Services

 

10:00 a.m. – Kurt Genrich, Natl Insurance Services: Discussion and/or action RE: County Plan for Vision Care

 

10:15 a.m. – Pat Haverty, RCEDC: Quarterly Report

 

10:30 a.m. – George Frye, SENDD: Annual Activity Report and Dues Request

 

10:45 a.m. – Brent Lottman, Nemaha County Sheriff and Dan Williamson: Discussion and/or action RE:

                             Nemaha County jail feasibility study

 

 

            Other business matters to address when time allows:

               Discussion and/or action RE: Commissioner Deeds for the Land Reutilization Commission

               Discussion and/or action RE: Change Date for Sale of County Property (from 8-14-07 to 7-24-07)

               Discussion and/or action RE: 5 Year Contract with Barone Security for the inspection of the

                    Fire Alarm, Range Hood Suppression, and Sprinkler Systems at Duff Nursing Home

               Discussion and/or action RE: Advertising & accepting bids to lease Duff Nursing Home

               Marv Pesek: Discussion and/or action RE: GA applications/cases

   Miscellaneous Correspondence and other matters that may come before the Board

 

After all business matters have been addressed, the Board will hold a budget workshop

 

                                                                                                            Janene Bennett, Otoe County Clerk  

 

 

The County Board reserves the right to go into executive session when they deem it necessary.

 

Individuals requiring physical or sensory accommodations, including interpreter service, Braille, large print or recorded materials, please contact Janene Bennett, County Clerk, Otoe County Courthouse, P O Box 249, Nebraska City, NE 68410, (402) 873-9505), no later than 12:00 noon the day before the meeting.

 

 

 

JULY 10, 2007

 

The Otoe County Board of Commissioners convened in regular session at 8:30 a.m. on July 10, 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, Commissioner Thummel and Commissioner Haverty.

 

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

 

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

 

Commissioner Haverty made a motion, seconded by Commissioner Thummel to audit and sign payroll claims and regular claims as presented, unless otherwise noted. Voting – Commissioners Haverty, aye; Schroder, aye; Thummel, 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, Zoning Administrator, presented an Administrative Replat for Vollman Subdivision located in part of the NE ¼ Section 4 and part of the NW ¼ Section 3, T-8, R-11. Schmitz explained that years ago the acreage was divided into three lots – one consisted of a house and garage, the other two lots had a trailer house on each where other family members lived. Now the trailer houses are gone and the Vollmans want to recombine the 3 lots into one parcel.  Commissioner Haverty made a motion, seconded by Commissioner Thummel to authorize Chairman Schroder to sign the Administrative Replat of Vollman Subdivision as requested by the owners, William and Deanna Vollman. Voting -- Commissioners Schroder, aye; Thummel, aye; Haverty, aye. Motion carried.

 

Glen Steffensmeier, County Highway Superintendent, Wally Pohlman, Rich Kuenning and Lynn Denniston, Road and Bridge Foremen were present to discuss road and bridge matters.

 

Kevin Kramer came before the Board to discuss provisions within the State Statute 39-301 regarding obstructions in county road right of ways. Last month he was asked to remove fencing from road right of way where he was grazing horses. He removed the fence, but has been researching the statute that prohibits obstructions in road right of way. The statute refers to fencing as an obstruction, but fails to define other obstructions. He said he has noticed that farmers have placed hay bales, wood piles, machinery, and other obstacles in the right of ways. Are they in violation of the statute as well? County Attorney, Jeff Funke, said that right of ways are owned by the County and are meant for the county’s use in keeping the roads in good condition. The County is responsible for keeping the right of ways clear and safe for public traffic. When an obstruction is reported, then an inspection is made. If the landowner is in violation, he/she is asked to remove the obstruction within a reasonable amount of time.  Mr. Kramer suggested that the County publish a notice in the newspapers to alert the public that such a law exists. He also said the County should be consistent in enforcing the law year round, whether the obstruction is fencing, crops growing in right of way, mailboxes, etc. It was suggested that reference to illegal obstacles in road right of ways could be addressed in the weed mowing ad that will be published in the newspapers in August.

 

Regarding Bridge Project BRO-7066(25) southeast of Palmyra: Steffensmeier attended a pre-construction meeting last week. He said there is some debris piled up around the piers, but no one knows whether it was there before the bid letting or not. It could have built up after the heavy rains in May. He said the contractor will be asking for at least $1500 more to remove the debris.

 

Dave Partsch, Attorney for the Village of Palmyra, said he is working on a resolution defining the terms for an interlocal agreement between Palmyra and the County in preparation for the bridge replacement within the village limits. He hopes to have it ready for the next meeting in July.

 

Steffensmeier reported that he received quotes from two contractors to remove and haul away the old concrete on OPPD Highway. The job was awarded to Kreifels Conservation and Excavating. The job is being done in four phases and will probably take four weeks to complete. He said they are using two feet of crushed rock as a base before pouring the new concrete.

 

Commissioner Schroder said he would like to see the County eliminate all bridges with a 3 ton rating; most can be replaced with tubes. Steffensmeier said if they are replaced with something less than 20 feet in length, they would be removed from the State’s inventory list and consequently become ineligible for soft match or other federal funding, so the County needs to be careful that we don’t lose the funding.

 

Steffensmeier will be meeting with FEMA representatives within the next two weeks. Several damage reports may need to be negotiated for an alternative fix.

 

Steffensmeier said he has found many gullies on the roadsides. He would like to implement a plan to seed down and mulch these areas to prevent further erosion.

 

The roof repair at the Syracuse shop is done. Steffensmeier said that someone has indicated an interest in purchasing the old tin. He will sell the salvage for the best price.

 

Pam Pinkerton and Shawn Miller with Windstream Communications came before the Board to review the terms set forth in a maintenance agreement for the 911 system that was installed a year ago. The one year warranty has expired, so the County has the option to sign a maintenance contract or pay for service calls on a time and material basis. The agreement includes software updates and quarterly inspections as well as the parts and labor for hardware maintenance. Ms. Pinkerton had written a one year agreement that covered all parts and labor for an annual fee of $14,918. However, if the County would consider signing a five year agreement, the cost per year would be lower. She estimated a savings of $5,000 to $8,000 over a five year period. Sheriff Gress noted that the maintenance fee for the old system was about $650 per month; it had one station and the new system has two stations. County Attorney Jeff Funke questioned response time since it wasn’t addressed in the agreement itself. Ms. Pinkerton said 911 Centers are at the top of the priority list. If the system is down, the response will be as soon as they can get a technician out. All other calls are guaranteed service within 24 hours. Funke asked that the contract include detailed information regarding the response time. The Board asked Ms. Pinkerton to work up a 5 year contract as an option to look at. She said she would e-mail it for review by the end of the day.

 

Brent Lottman, Nemaha County Sheriff, appeared before the Board to discuss Nemaha County’s interest in building or expanding their jail facilities in Nemaha County. They have contracted with Dan Williamson to do a feasibility study. They are trying to plan for the future anticipating that Nemaha County will outgrow its current facilities in the next 10 years.  Lottman asked if Otoe County would consider using their new jail if it were built. Deputy Mike Holland said the Otoe County Jail usually runs at 80% capacity, but weekends are a problem at times. Holland said we already ship inmates to Nemaha County when we are short of space, especially when we need room for female inmates that must be kept separate from males. Transporting inmates can be costly and time consuming. Lottman said they are considering a video conferencing set up in the new facility that would eliminate transportation of prisoners for arraignments and sentencing. Sheriff Gress said that there was some discussion for expanding our own jail facility in the long range renovation plan. He didn’t feel we should make a commitment to Nemaha County until we have studied our own criminal statistics.

 

Kurt Genrich, representing National Insurance Services, came before the Board to give a brief overview of a voluntary vision care program for employees. He said there are 30 other counties now participating. The Blue Cross Blue Shield health insurance plan does not provide much for vision care – only one eye exam every two years. Under the Ameritas Eye Care plan, participants would pay a $10 co-pay for an annual eye exam. If lenses, frames, or contacts are needed, it will cover 100% of the cost, but if upgrades are added there will be additional charges. They will pay $124 toward the purchase of new frames every 24 months. If the participant uses a PPO provider, the provider will file the claim forms. If a non PPO provider is used, then the participant will have to submit his own claim forms and pay a greater percentage of the costs. The premium rate is $9.96 per month for single coverage up to $27.92 per month for family coverage. He said there have been no cancellations since the program began. Their only stipulation is that at least 10 employees participate in the initial enrollment period. The Board granted Genrich permission to set up informational meetings for the employees during regular business hours.

 

Pat Haverty, Executive Director for RCEDC, gave his quarterly report. On July 26th RCEDC will be hosting the Southeast Nebraska Regional Economic Development Summit in the Nebraska City High School Auditorium. Dignitaries from the six surrounding counties have been invited to discuss economic issues. Among the guest speakers will be Governor Heineman. He is currently accepting proposals from engineering firms to create a land use plan to develop the Red Foxx Run area. It has been difficult to market due to utility, access and flood plain issues. He is still working on the road vacation issue for Diversified Foods who hope to open for business September 1st. A written financial report was given to each Board member.

 

 

George Frye, Executive Director for SENDD, (Southeast Nebraska Development District) came before the Board to discuss activities achieved during FY07. The past fiscal year was a slow year. SENDD provided over $40,595 in projects and services July 1, 2006 through March 31, 2007. For each dollar contributed as dues, there was a return of $2.63 in services. However, since its inception in 1981, the County’s average return is $170.08 for each dollar of dues paid. Some of the services they provide are grant writing, low income housing, feasibility studies, and small business loans.  The regular budget request for FY08 is $9,140, an increase of $462 from last year. In addition, he requested $1,338 that will be designated to programs assuring availability of affordable housing within the eight counties of Southeast Nebraska.

 

Other business matters were addressed.

 

Commissioner Deeds: The County Attorney prepared four Commissioner Deeds conveying property to the Land Reutilization Commission who has found buyers interested in purchasing parcels that were not sold at tax sales for want of a buyer. After these parcels are sold to individuals, they will be added back to the tax rolls. Commissioner Thummel made a motion, seconded by Commissioner Haverty to authorize the Chairman to sign Commissioner Deeds conveying properties to the Land Reutilization Commission legally described as: Lots 3,4,5,and 6 South of South Table Creek, Blk 37, Anderson’s Addition to Nebraska City; N ½ Lot 13 and all of Lot 14, Blk 9, Mohrman’s Extension to Gray’s 2nd Addition, Syracuse; Lots 3 and 4, Blk 52, Kearney Addition to Nebraska City; Part of Blk 75, South Nebraska City Addition to Nebraska City.  Voting – Commissioners Thummel, aye; Haverty, aye; Schroder, aye. Motion carried.

 

Sale Date: At the June 12th meeting, a public hearing was held and the Board agreed to sell county owned property located in the N ½ of the SE ¼ of S18-T8-R14. At that time, the Board set a sale date of August 14, 2007. State statute requires that the property must be sold within 2 months of the public hearing. Therefore, Commissioner Haverty made a motion, seconded by Commissioner Thummel to change date of sale from August 14, 2007 to July 24, 2007. Voting – Commissioners Haverty, aye; Schroder, aye; Thummel, aye. Motion carried.

 

Nursing Home Lease: The lease for Duff Memorial Nursing Home will expire January 1, 2008. Since there is no reference to a renewal period, County Attorney Funke recommended advertising for bids. He suggested a five year lease with a 5 year renewal option.

 

Inspection Agreement: The inspection agreement for Barone Security Systems to inspect the fire alarm system, range hood fire suppression system, sprinkler system and fire extinguishers at Duff Nursing Home will expire at the end of June. The terms include an annual fee of $670, an increase of $20 per year since the last contract that was signed five years ago. Commissioner Haverty made a motion, seconded by Commissioner Thummel to renew a five year contract with Barone Security Systems for the semi-annual inspections of the fire alarm and range hood suppression systems and the annual inspections of the sprinkler system and fire extinguishers located in the Duff Nursing Home. Voting – Commissioners Thummel, aye; Haverty, aye; Schroder, aye. Motion carried.

 

Marv Pesek, General Assistance Administrator, said he had no General Assistance cases or applications for discussion.   

 

 

 

 

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 Thummel to declare this meeting adjourned, until the next one, which will be on July 24, 2007. Voting – Commissioners Schroder, aye; Thummel, 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 10th day of July 2007.

 

 

 

Janene Bennett

Otoe County Clerk