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 14, 2009, 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 14, 2009

 

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

                   meeting; Audit and Sign payroll claims; Audit and sign regular claims

8:45 a.m. – Rick Sedersten, Custodian: Discussion and/or action to replace tree on east side of courthouse

8:55 a.m. – Marv Pesek, Veterans Service Officer: Discussion and/or action to reappoint member to Veterans

                   Service Committee

9:00 a.m. – Erik Olson, Kimmel Orchard: Discussion and/or action to approve issuance of Special

                     Designated Liquor License (SDL) to several wineries/breweries who will be participating

                      in a “Wine Under the Pines” event to be held August 1, 2009

9:10 a.m. – Gregg Goebel, EMA: Discussion and/or action RE: a “License to Occupy Agreement” between

                       Otoe County and Rural Water District #3 (involves a radio shack, generate and propane tank

                        located on the Rural Water tower site)

9:15 a.m. – Stephanie Schrader, RCEDC Executive Director: Quarterly Report and Budget Request

9:25 a.m. – John Hassett and/or George Payne: Discussion and/or action to approve the “Depot” and “Avenue

               Grill” as Keno Satellites in Nebraska City; D/A to authorize signing of application forms

9:30 a.m. – George Frye, SENDD Executive Director: Annual Report and Budget Request 

9:40 a.m. – Larry Ossowski, Blue Rivers Area Agency on Aging: Annual Report and Budget Request

9:45 a.m. – Joe Miller, Insurance Agent: Discussion and/or RE: Insurance coverage and deductibles including

                    coverage for rented equipment

9:55 a.m. -- Safety Committee meeting report

10:00 a.m. -- Discussion and/or action RE: Implementation of “Once A Month Payroll”

 

10:05 a.m. –   Discussion and/or action RE: Road and bridge matters

 

1)      Discussion and/or action RE: Douglas Shop estimates (electric, heating, demolition, etc); Change Order #1 (Delete 1 overhead door and add 2 bubbles to roofline)

2)      Delbert Cooper, represented by Attorney Bill Davis: Discussion and/or action RE: Construction of concrete box culvert  west of 950 B Rd

3)      Discussion and/or action RE: Cardtrol system for fuel dispensed at Syracuse Shop

 

     

 

 

 Other business matters to address when time allows:

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

           Discussion and/or action to forward matured tax sales to County Attorney

Discussion and/or action RE: Resolution to amend the Interlocal Agreement with Region V Systems

           and Region V Services regarding the Region V Community Human Services Program

            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 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 14, 2009

 

The Otoe County Board of Commissioners convened in regular session at 8:30 a.m. on July 14, 2009 to audit and sign payroll claims and regular claims and to take care of such other matters as are on the agenda for this meeting. Advance notice of this meeting was published in the Nebraska City News Press and Syracuse Journal Democrat, announced on KNCY radio station and posted in at least three public places. This meeting was open to the Public, and the agenda was kept current, and is on file for public inspection at the office of the Otoe County Clerk during regular business hours.

 

The meeting was called to order by Chairman of the Board, Timothy Nelsen. Answering present at roll call were Commissioner Nelsen, Commissioner Lade, Commissioner Crook, Commissioner Kreifels and Commissioner Freshman.

 

Chairman Nelsen informed the public in attendance that a current copy of the Open Meetings Act is posted on the south wall of the Courtroom. Additional copies are available upon request. He asked that all attendees turn off their cell phones or set them to vibrate while present in the meeting room.

 

Commissioner Crook made a motion, seconded by Commissioner Freshman to accept the agenda as posted. There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Nelsen, Lade, Crook, Kreifels and Freshman. Nay – none. Motion carried.

 

Commissioner Lade made a motion, seconded by Commissioner Kreifels to accept the minutes from the previous meeting and not have them read as each member was furnished with a copy of same. There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Lade, Crook, Kreifels, Freshman and Nelsen. Nay – none. Motion carried.  

 

Commissioner Crook made a motion, seconded by Commissioner Kreifels to audit and sign payroll claims. There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Crook, Kreifels, Freshman, Nelsen and Lade. Nay – none. Motion carried.

 

Having reviewed the regular claims in advance of this meeting, Commissioner Lade made a motion, seconded by Commissioner Freshman to approve payment of the regular claims. There being no further discussion, Chairman Nelsen called for a vote.  Voting aye were Commissioners Kreifels, Freshman, Lade and Crook; Commissioner Nelsen approved payment of all claims except those claims submitted by the Public Defender’s Office to which he abstained. Nay – none. Motion carried.

 

The Regional Governing Board for Region V Systems and Region V Services recently adopted revisions to the current Interlocal Agreement that is in place with each of the 16 counties in southeast Nebraska who participate in the Region V Community Human Services Program.  Therefore, each county is being asked to adopt a Resolution to reflect these changes. Such changes do not have a financial impact, but are needed to update the language in accordance with the passage of LB1083. Essentially, the words “mental health, alcoholism and drug abuse” are now defined as “behavioral health” throughout the agreement. It also allows Region V to expand its scope of administrative services to other counties outside of the region. Commissioner Crook made a motion, seconded by Commissioner Kreifels to authorize Chairman Nelsen to sign Resolution 2009-39 agreeing to amend and adopt the Region V Agreement for the Formation of the Region V Community Human Services Program. There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Freshman, Nelsen, Lade, Crook and Kreifels. Nay – none. Motion carried.

 

Upon review and approval by the County Attorney, Commissioner Kreifels made a motion, seconded by Commissioner Lade to authorize Chairman Nelsen to sign the Amended and Restated Agreement for the Formation of the Region V Community Human Services Program that includes language to update the statutory references, to reflect changes in the state behavioral health laws and to allow Region V Systems to expand its scope of administrative services to other counties outside of the region. There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Nelsen, Lade, Crook, Kreifels and Freshman. Nay – none. Motion carried.

 

Rick Sedersten, Courthouse Custodian, had been asked to obtain quotes for the purchase of an Autumn Blaze Maple Tree to be planted on the east side of the Courthouse south of the service entrance. Pine Acres Nursery & Landscaping offered 3 options: a 1 ½” diameter tree for $229; a 2 ½” diameter tree for $489; or a 3 ½” to 4” diameter tree for $599. Commissioner Crook made a motion, seconded by Commissioner Lade to purchase the largest tree in the amount of $599. There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Lade, Crook, Kreifels, Freshman and Nelsen. Nay – none. Motion carried.

 

Marv Pesek, Veteran’s Service Officer, gave a brief overview of the composition of the Veterans Service Committee. He said it consists of a 5 member body; each member represents an American Legion Post or VFW organization within the communities of Talmage, Palmyra, Syracuse and Nebraska City. Each Post nominates and recommends its representative, but the County Board must make the formal appointment. Mr. Pesek requested the reappointment of Robert Desh (representing the Palmyra Post) to serve another 5 year term. Commissioner Nelsen made a motion, seconded by Commissioner Lade to reappoint Robert Desh to the Otoe County Veterans Committee for a 5 year term beginning July 1, 2009 and expiring June 30, 2014. There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Crook, Kreifels, Freshman, Nelsen and Lade. Nay – none. Motion carried.

 

Jackie Smith, County Treasurer, requested the addition of pledged securities with Commercial State Bank, Nebraska City, in the aggregate amount of $500,000. Commissioner Lade made a motion, seconded by Commissioner Crook to adopt Resolution 2009-41, approving said transaction. There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Kreifels, Freshman, Nelsen, Lade and Crook. Nay none – Motion carried.

 

Ms. Smith explained that the County is holding Certificates of Tax Sale for several parcels of real estate wherein 3 years have elapsed since their issuance and the right of redemption by the owners has expired. Therefore, she is requesting the Board to institute action to foreclose the lien on these Certificates of Tax Sale. Commissioner Freshman made a motion, seconded by Commissioner Kreifels to adopt Resolution 2009-40, directing the County Attorney to institute action to foreclose on the lien on said Certificates of Tax Sale. There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Freshman, Nelsen, Lade, Crook and Kreifels. Nay – none. Motion carried.

 

Gregg Goebel, Emergency Management Director, said he and Commissioner Lade met with the Rural Water District No. 3 (RWD) Board on June 11th and requested that the RWD grant permission to the County to operate and maintain an existing radio shack, generator and propane tank on the water tower site owned by the RWD. Alan Wood, Attorney for the RWD, prepared a “License to Occupy” granting the County permission the right to maintain said personal property on RWD real estate located in the NW corner of the NW ¼ S6-T7-R10. Commissioner Lade made a motion, seconded by Commissioner Crook to authorize Chairman Nelsen to sign the “License to Occupy” as presented and preapproved by the Otoe County Attorney allowing the County to maintain a radio shack, generator and propane tank on real estate described above and owned by Rural Water District No. 3; including the right of reasonable ingress and egress to said real estate. There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Freshman, Nelsen, Lade, Crook and Kreifels. Nay – none. Motion carried.

 

Erik Olson, Manager for Kimmel Orchard and Vineyard, appeared before the Board to request approval for the issuance of Special Designated Liquor Licenses (SDL) to several wineries and breweries who will be participating in “Wine Under the Pines”, a wine tasting festival to be held on August 1, 2009, at Kimmel Orchards. Olson said the festival in being held in conjunction with the Lemon Days celebration in Nebraska City. Those applying for an SDL are The Nebraska Brewing Company, Whiskey Run Creek Winery/Vineyard, Deer Springs Winery, and SchillingBridge Winery & Microbrewery.  Commissioner Freshman made a motion, seconded by Commissioner Crook to send a letter of approval to the Nebraska Liquor Control Commission recommending that the Commission issue Special Designated Liquor Licenses to the above named wineries/vineyards/breweries. There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Nelsen, Lade, Crook, Kreifels and Freshman. Nay - none. Motion carried.

 

Roger Clausen, Chairman of River Country Economic Development Corp (RCEDC) appeared before the Board to make a budget request and give a quarterly report of their latest activities. He said the County contributed $40,000 last year and requested the same amount for this fiscal year. He noted that Stephanie Schrader was named Director of the RCEDC on May 1st, replacing Pat Haverty. She has continued to work with several neighboring communities to develop a regional website, using funds received from the BECA grant. It should be up and running in mid August. Other activities include promoting the ALCAN facility in Syracuse, the creation of a new zoning designation to allow for the establishment of technology related businesses in Nebraska City and continued efforts to retain established businesses.

 

At 9:05 a.m. Chairman Nelsen called for 20 minute recess. At 9:25 a.m. the meeting resumed with all members being duly noted as present.

 

George Payne, representing Gaming Technologies Inc, said he contacted several businesses in Nebraska City to see if they had an interest in offering keno lottery. Out of the six establishments contacted, only two have indicated a positive interest at this time, those being The Avenue Grill and the Depot. Since the County and the City have an interlocal agreement involving keno satellites located within the corporate limits of Nebraska City, both entities must approve the satellite locations.  Chairman Nelsen felt it would be better for Mr. Payne to approach the City Officials first for their approval; then the County should have the final say. Therefore, the matter was tabled with no action taken.

 

George Frye, Executive Director of Southeast Nebraska Development District (SENDD), came before the Board to give an annual report and make a budget request for FY10. According to Mr. Frye, SENDD has provided $933,900.52 in projects & services to the communities in Otoe County. The communities paid dues in the amount of $17,036. Therefore, for every dollar spent, the communities received $54.82 in services. They have assisted the villages and cities in applying for CDBG grants, disaster relief projects, and sources for financing community improvements. Dues for FY10 will be $9,756, an increase of $308; the housing support request is an additional $1338.  

 

Larry Ossowski, Executive Director for Blue Rivers Area Agency on Aging (BRAAA), presented each board member with a brochure noting its mission – to assist older adults to remain independent in their homes – and a list of services they can provide. This includes transportation (Handi-bus), congregate and home delivered meals, handyman and housekeeping, personal care, etc. To help continue these services, he requested a contribution of $14,392 which is a 2% increase from last year. His overall budget is $422,000 with the majority of funding coming from federal and state sources.

 

Joe Miller, Agent for the County’s property and liability insurance, came before the Board to discuss coverage for new and leased equipment. The current policy allows up to 30 days of automatic coverage when a new purchase is made. However, when there is a change, such as acquiring or selling a vehicle or piece of equipment, it needs to be reported to the insurance company. Miller asked that a county designee be appointed to complete a “Change Request” form when these changes occur. Chairman Nelsen replied that Commissioner Freshman, who is in charge of county property, will act as the insurance contact person for the Road Department. In addition, he suggested that the County increase its coverage for leased equipment from $25,000 to $100,000 and automatic coverage for new equipment from $150,000 to $250,000, mainly due to the fact of the increased value of heavy equipment. This policy also covers machinery that is left on county property for the purpose of onsite demonstrations.

 

The Otoe County Safety Committee met on July 8, 2009, to discuss several items. A copy of the minutes was furnished to each board member. Chairman Nelsen questioned the request to provide AEDs (Automatic External Defibrillators) in the county road shops when none of the road employees have been certified to use the device. He recommended putting one in the jail facility where deputies have been trained and certified for using it. The Committee expressed a need for storm shelters at the Nebraska City and Syracuse Shops. Joe Miller said he has information on portable storm shelters and was advised to send the information to Jan Reed, Secretary for the Safety Committee.

 

There was some discussion to pay all employees once a month. Currently, the hourly people are paid twice a month and the salaried employees are paid once a month. Chairman Nelsen said the County Clerk’s office will be down one employee after the first of September. Issuing payroll once a month will be more efficient and save the county money. The cutoff date for each pay period will be 10 days prior to the last board meeting of each month; direct deposits will be made on Wednesday following the meeting. Each pay period will have160 hours to 200 hours; suggested effective date was January 1, 2010. Chairman Nelsen opened the matter for discussion. Glen Steffensmeier said receiving paychecks twice a month works better for families. One of the foreman said the road employees are not agreeable to the idea; however, Chairman Nelsen said the Union has agreed. Chief Deputy Mike Holland said he was very much opposed. Many of the jailers and dispatchers are single females with no other source of income; receiving pay once a month would cause them a hardship. He also said that it will not be a good selling point when trying to hire new employees; it is already difficult to find suitable applicants for the job. Commissioner Lade commented that when people retire they get one paycheck each month and they learn to adjust. Therese Trombino asked the Board to consider paying the 2nd Tuesday of the month rather than the end of the month. The cut off period would be the last day of each month. According to a NACO survey, 41 of 71 counties in Nebraska issue payroll once a month. Commissioner Crook felt saving money is a benefit to all taxpayers. Commissioner Kreifels said people will need to learn how to budget. Commissioner Lade made a motion, seconded by Commissioner Crook to implement once a month payroll effective January 1, 2010; the pay period cut off will be the last day of the month;  payroll will be approved on the first Commissioner’s meeting of the month; direct deposit will be made the day after the meeting date. There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Lade, Crook, Kreifels, Freshman and Nelsen. Nay – none. Motion carried.

 

Glen Steffensmeier, Hwy Supt; Lynn Denniston, Lead Supervisor; Wally Pohlman and Jon Brinkman, Foremen were present to discuss road and bridge matters.

 

Delbert Cooper appeared to express his concerns regarding the construction of a concrete box culvert west of 950 B Rd. Bill Davis, Attorney representing Mr. Cooper, offered several photos as exhibits to illustrate his client’s concern. He stated that culverts eventually become obstructed with debris. When this happens, it will flood Mr. Cooper’s property. Mr. Cooper has owned this property since the early 70’s and it has never flooded. However, according to a drawing presented by Mr. Davis, the proposed elevation of the road will cause overflow on the Cooper property. The old bridge was higher than the culvert replacement. Davis warned the Board that if it overflows, they will be responsible for damages. Mr. Cooper suggested lowering the east side by half a foot and invited each board member to travel to the site and make a physical inspection. Chairman Nelsen replied that since this project is in Commissioner Lade’s District, he is responsible for determining a solution. Commissioner Lade said this project design was approved by the state. The cement has been poured and no changes can be made until the soft match credit is received. Cooper questioned what could be done for proper drainage on the other side of the road. He was told the road crew will clean out the ditch to help divert water.  

 

Douglas Shop: Commissioner Lade reported that he received 2 bids for the demolition of the old Douglas Shop. Gana Trucking & Excavating, Martell, NE submitted a bid of $14,879; Kuhl Trenching & Excavating, Tecumseh, submitted a bid of $12,670.08. Neither bid included asbestos removal. Commissioner Lade made a motion to accept the low bid from Kuhl in the amount of $12,670.08. Commissioner Freshman felt the Board should get an idea of the cost for asbestos removal before accepting any bid for demolition. Commissioner Lade withdrew his motion. Regarding other cost estimates, Commissioner Lade said he will write specs for electrical, plumbing, water & sewer and office construction; then bring proposals to a later meeting.

 

Change Order #1 for Douglas Shop: Cleary Building Corp was awarded the bid to construct a new shop in Douglas in the amount of $73,650 which included four overhead doors. The change order is to eliminate one overhead door in the amount of $3400 and add two bubbles to the roofline in the amount of $5,000 leaving a difference and additional cost of $1600. Commissioner Lade made a motion, seconded by Commissioner Freshman to approve Change Order #1 as described above, resulting in a total building cost of $75,250. There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Crook, Kreifels, Freshman, Nelsen and Lade. Nay – none. Motion carried.

 

Cardtrol System: Commissioner Freshman said a quote was submitted by Yant Testing, Supply & Equipment for the purchase of a fueling/monitoring system to be installed at the Syracuse Shop. It will be the same type as the one that was purchased for use in the Nebraska City Shop. The total cost of the system was $5,358 plus $800 to install pulsers. The Shop currently has 3 pumps on 3 tanks, but dispenses 2 products. If the 2 diesel tanks were tied together, it eliminates the need for one of the pulsers – a savings of $667. This price does not include a printer at the shop, but transactions can be forwarded to a PC at the courthouse and reports can be printed there. Commissioner Freshman made a motion, seconded by Commissioner Lade to approve purchase of the fueling/monitoring system from Yant Testing, Supply & Equipment utilizing two pumps for a total cost of $5,491. There being no further discussion, Chairman Nelsen called for a vote.  Voting aye were Commissioners Kreifels, Freshman, Nelsen, Lade and Crook. Nay – none. Motion carried.

 

At 10:55 Chairman Nelsen called for a short recess. The meeting resumed at 11:00 a.m. with all Commissioners duly noted as present.

 

Mark Mainelli, Project Engineer, was asked to come before the Board to review the status of various projects that have been approved for construction within the last few months. Including FEMA, Soft Match and non-eligible projects the total cost amounts to $1,670,552.29. Of that total $413,343.37 will be reimbursed by FEMA and NEMA. Steffensmeier reported that Otoe County now has about $100,000 in Soft Match credit, but will accumulate over $1,000,000 when all the projects are complete. The credit then can be used to fund construction of federal aid bridges. Each Commissioner will review their area and determine the next priority projects.  

 

There being no further business to come before the Board at this time, and since all items on the agenda have been disposed of, Chairman Nelsen declared this meeting adjourned at 11:31 a.m. The next regular meeting will be held on July 28, 2009.  

 

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 14th day of July 2009.

 

 

 

Janene Bennett

Otoe County Clerk