NOTICE OF MEETING
NOTICE
IS HEREBY GIVEN that the Regular meeting of the Otoe County Commissioners of
AGENDA OF THE NEXT MEETING
previous
meetings, audit and sign payroll claims and regular claims
1) Conditional Use Permit for an ATV and
Off-Road Go-Kart Trail Riding and some Racing Activities - requested by Bobb James located in the SW ¼ 7-9-14
2) Conditional Use
Permit for a Farm Winery to manufacture wine and allow individual Open Lagoon Waste Water Treatment System on
the premises - requested by Mike Murman –
located in the N ½ NE ¼
3) Administrative Replat of
Commission and Board of Adjustment
1) Discussion and/or action RE: Utility
permit(s)
2)
Discussion and/or action RE: BRO-7066(28) Syracuse West Bridge Project
3) Miscellaneous
space
Other business matters to address when
time allows:
Brandi Reimers,
Assessor: Discussion and/or action RE: Tax List Corrections
Marv Pesek – Discussion and/or action to make
appointment to Veterans Service Committee
Miscellaneous
Correspondence and other matters that may come before the Board
. Janene Bennett
The Otoe County Board of Commissioners convened in regular session at
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 as
mailed to them and not have them read. 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.
A public hearing was held for the purpose of hearing support or
objections to the issuance of a Conditional Use Permit that would allow Bobb and Judy James to establish a Daily ATV and Off-Road
Go-Kart Riding Trail. He also plans to hold some racing activities in the near
future. The trail is located on a 9.31 tract of land legally described as Lot
2B-1, Replat of part of Lot 2, Johnson-James
Subdivision located in Tract A of the SW ¼ 7-9-14. According to Mr. James, the
Planning Commission approved his request at the July 20th meeting
with the following conditions: he must maintain a $1,000,000 liability insurance
policy; hours were specified from
A second public hearing was scheduled for the purpose of hearing support
or objections to the issuance of a Conditional Use Permit that would allow the
establishment of a Farm Winery on property located in the N ½ NE ¼ 19-8-9 as
requested by Mike Murman. Dave Schmitz, Acting Zoning
Administrator, said that he had originally asked them to apply for a
Conditional Use Permit because he felt the building was going to be used for
more than agricultural use. However, after speaking with Orval
Stahr, (zoning consultant retained by the County)
Schmitz was told that he could grant the building permit without a Conditional
Use Permit since grapes (considered an alternative crop) were already being
grown there. A hearing was held by the Planning Commission last Thursday who
agreed there was no need for a Conditional Use Permit since Mr. Murman has no intention of selling
the wine retail on site. Schmitz said the building was professionally designed;
it will include manufacturing equipment for processing grapes into wine. The
Planning Commission recommended that a building permit should be waived since
the building would be used for agricultural purposes. Commissioner Giittinger
said he felt the building permit is necessary because the building will house
grape processing equipment. Schmitz said he already has issued and received the
building permit fee. The question today is whether the building permit is
necessary; if not, should he refund the amount already collected for a building
permit. Commissioner Giittinger made a motion, seconded by Commissioner Stratker to table any action until further investigation. Voting
– Commissioners Stratker, aye; Giittinger, aye; Schroder, aye. Motion carried.
Dave Schmitz, Licensed Surveyor, explained the need to sign an
Administrative Replat for E H Beccard
Subdivision. He noted that a daughter, Virginia Ullsperger,
built a house on
Carol Doeden, a member of the Otoe County
Planning Commission, provided a copy of a letter she prepared to each Board Member;
then read it in full. She explained that she has served on the Planning
Commission for over 7 years. For the past 2 years, she has served as the
recording secretary for the Planning Commission without pay. On July 17th
she received a phone call from Commissioner Stratker asking
her what she would charge if she was to be paid to do the minutes each month.
She offered to do the job for $25 a month. In a second phone call Commissioner Stratker told her that he spoke with the other two
Commissioners and they agreed to pay her $25. At that time she said “yes”. She
attended the July 20th meeting of the Planning Commission and
recorded the minutes as agreed. At that time, she found that Alene Hogue was asked to make a bid for the same duties
(attending and preparing the minutes for the Planning Commission meetings). Had
she known the whole story she would not have accepted the offer. She said she
was “offended, appalled and deeply disappointed in the commissioners for even
attempting this devious way of making someone unknowingly bid against Alene for her job.” She
did not like being “used” and withdrew her offer to take the minutes for money.
She felt their actions were unethical and a violation of the Open Meeting Laws
by making this decision via phone conversations and not during an open meeting.
After finishing the letter, she left the room stating she had to get to work.
Bill Umland, who recently attended a state
zoning meeting, said they were advised that the recording secretary should be
someone other than a planning commission member. It is difficult to participate
in discussion while trying to take the minutes at the same time.
The Board asked
Ruth Dalton asked who was expected to do the preliminary work before the
meetings, such as preparing the agenda, making sure public notices were
advertised, researching land ownership and notifying them of hearings, etc.
Commissioner Stratker replied that was not the issue
being discussed.
At the previous meeting, Ms. Hogue said she asked the Board to make her an
offer. Since they didn’t, she put together a proposal of her own. She asked
that her current wages not be split between the Road Budget and Planning
Budget. Commissioner Giittinger made a motion, seconded by Commissioner Stratker to accept the proposal submitted by Alene Hogue whereby she will be paid $60 plus mileage to
attend each Planning Commission and Board of Adjustment meetings; her duties
will include recording and preparing the minutes only; she will then be
expected to distribute them to the Board members within 48 hours. Voting – Commissioners Stratker,
aye; Giittinger, aye; Schroder, aye. Motion carried.
Commissioner Stratker questioned Carol Doeden’s lack of attendance at the Planning Commission
meetings. Bill Umland said he thought it was in the
by-laws that members are allowed to miss three meetings. He noted there were
other members who have missed several meetings. He thought it was the Commissioners’
responsibility to enforce the by-laws.
Foremen Wally Pohlman and Rich Kuenning were available to discuss road issues.
Two applications for a Utility Permit were received from Alltel requesting
the County’s permission to occupy county road right of way while installing
copper telephone cable. Commissioner Giittinger made a motion, seconded by
Commissioner Stratker to approve issuance of the
Utility Permits to Alltel granting them permission to occupy county road right
of way while installing telephone cable at 5211 J Rd and on K Rd west of S 58th
Rd. Voting – Commissioners Giittinger, aye; Schroder,
aye; Stratker, aye. Motion carried.
Regarding Bridge Project BRO-7066(28) Syracuse West located south of
Intersection I-24 crossing the
Chairman Schroder asked the foremen for a report
of activities. Pohlman said he is keeping busy
installing tubes and working on other small projects; he has no major projects
scheduled at this time.
Rich Kuenning said he has had problems with a
semi tractor; an oil sample indicated high contents of iron. Commissioner Stratker said there has been over $20,000 in repairs within
the first month of the new budget year. Commissioner Schroder
commented that we either need to spend money for new equipment or spend money
on repairs of the old equipment. Commissioner Stratker
said the County may need to consider contracting out rock hauling rather than
purchasing and maintaining trucks. Dale Wurtele
suggested that if the County is considering contract work, why not try
contracting out jobs that require heavy construction equipment, such as dozer
work, since that equipment is very expensive to maintain or purchase, but not
used daily. He also said contracted rock haulers usually don’t use as much time
or care in dumping or spreading the rock as a county employee would.
Commissioner Giittinger agreed that the County may have to go back to using the
county crews as maintenance only; construction projects could be contracted out.
Commissioner Schroder asked Kuenning
to bring a full report to the next meeting regarding the estimated cost of
repairs for the truck tractor.
Chairman Schroder reported that the Court of Industrial
Relations has handed down a judgment; however, there is a 10 day period for
filing appeals. Attorney Funke said the only appeal he was aware of was one for
cleaning up clerical errors.
Jerry Berggren, Architect, reported that some items that were authorized
at the last meeting have been changed to save money. The walls in the new
probation office (Room 202) have been realigned to miss the light fixtures. This
will eliminate some electrical work. He also changed out steel frames to wood
frames and is reusing an existing door. He recommended the removal of the
existing heating/cooling register and replacing it with a smaller unit to make
more room. He said he would try to utilize the old one in the basement.
He handed out a revised drawing for the basement where he proposes to
renovate the area into space that can be utilized for the probation SAS
program, additional office space for EMA, a driver’s testing room, waiting room
and a multi-purpose conference room that would also serve as a command center
in case of an emergency. His plan includes moving the walls (north and south) to
the center of the vestibule, creating larger rooms with a hallway in the middle.
After speaking with the Head Supervisor
for the Driver Examiners, Berggren is now proposing to take a portion of the
multi-purpose room and creating an area than can be locked in order to secure
the Driver Examiners’ computer equipment. Clients will still have a waiting
room area as required by the Fire Marshal, but the size of the multi-purpose
room will diminish. By statute, DMV must provide testing at least once a month
in the county, but they currently are here twice weekly. During construction,
they may consider cutting out some dates. Berggren still believes the current Driver
Examiner’s space should be used for storage.
A question was directed at the
Berggren said if the Board would accept the Driver Examiner’s space
proposal, he would get some firm estimates. Lorraine Haupt
commented that she doesn’t see why the Driver Examiners need to remain in the
courthouse. Most people require testing every five years; they are only going
to be inconvenienced once every five years. The Examiners have not always been
located in the courthouse. At one time they were at City Hall. People will go
where they need to in order to get their driver’s license. She suggested
relocating the Examiners to the County Road Shop which would also accommodate
those applying for a CDL. However, someone needs to research whether the
Examiners can be located offsite now that they are connected to the Treasurer’s
computer system.
Berggren reviewed other requests for money: (1) Sedersten
had questioned areas that he thought needed additional fire and life safety
lights and alarms. Berggren said he will check with the Fire Marshal to make
sure that all safety codes are met. Cost - $8,417. (2)
Install new ceiling tiles in rooms 103, 104, 109, 110, 111, 114, 116, 119, 121,
and 122. Cost - $5,602. Commissioner Giittinger made a
motion, seconded by Commissioner Stratker to approve
a change order for purchasing and installing ceiling tiles in the rooms on
first floor for a cost of $5,602. Voting – Commissioners Stratker,
aye; Giittinger, aye; Schroder, aye. Motion carried.
When asked about the progress of the tile restoration on first floor, Sedersten said the contractor had a death in the family
which interrupted the work. The last time they were here was July 3rd.
He is trying to set up a work schedule outside of courthouse working hours.
Janis Riege noted that antique-looking light
fixtures were ordered for placement in the Women’s 2nd Floor Restroom
by Mr. Berggren. She said there weren’t any wall fixtures before and there is
no need for any now. She and the other Officials agreed that they should be
returned and credit given to the construction account. Berggren said he would take
care of it and pay the restocking fee himself.
Sarah Purcell introduced Katie Knobbe as the
UNL Aide who has been assigned to work in the Otoe County Extension Office this
summer. Ms. Knobbe
said she is majoring in Public Health Nutrition. Ms. Purcell said the UNL Extension
staff recently sponsored a Performing Arts Camp with the aid of a grant from
the Nelson Foundation. There were 14
Howard McNiff, Director of Five Rivers
Resource Conservation &
Larry Ossowski, Director of the Blue Rivers
Area Agency on Aging, gave his annual report. The Agency serves senior citizens
in Gage,
Veterans Service Officer, Marv Pesek, recommended that Melvin Snyder be reappointed to
another five year term serving on the Veterans Service Committee. Commissioner
Giittinger made a motion, seconded by Commissioner Stratker
to reappoint Melvin Snyder to serve another five year term on the County
Veterans Service Committee; said term to expire on
Chairman Schroder announced that the Board
will be making their quarterly visit to the jail facilities upon adjournment.
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
Giittinger made a motion, seconded by Commissioner Stratker
to adjourn the meeting, until the next one, which will be on August 8, 2006.
Voting – Commissioners Stratker, aye; Giittinger,
aye; Schroder, aye. Motion carried.
I, Janene Bennett,
Janene Bennett
Otoe