NOTICE OF MEETING

Otoe County Courthouse

Nebraska City NE  68410

 

NOTICE IS HEREBY GIVEN that the Otoe County Board of Commissioners will meet in regular session at 8:30 a.m. on July 28, 2009 in the County Courtroom (108) of the Otoe County Courthouse.  The meetings 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 ___________________________________JULY 28, 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. – Dave Schmitz, Zoning Administrator:

1) Public Hearing: Issuance of a Conditional Use Permit to allow US Asphalt to construct a temporary asphalt plant at the northwest corner of E Rd and Hwy 50; Discussion and/or action to approve

2)      Public Hearing:  Vacation plat of Lot 2, Tipken Subd located in the W ½ of the SE ¼

S27-T9-R12 as requested by David and Mary Ann Teten; Discussion and/or action to approve

3)      Public Hearing:  Approval of D & K Acres Subdivision located in the NE ¼ of the NE ¼

S9-T8-R13 as requested by Loran and Mary Patton; Discussion and/or action to approve

         8:50 a.m. – George Payne, Gaming Technologies: Discussion and/or action to approve the “Depot”, “Avenue

                             Grill” and “Eagles Club” as Keno Satellites in Nebraska City; Discussion and/or action to authorize

                            George Payne to sign application and licensing forms

         8:55 a.m. – Gregg Goebel, EMA: Discussion and/or action Communication Project – Installing T1 circuit

                                    from Syracuse to Douglas and Syracuse to Nebraska City

         9:00 a.m. -- Discussion and/or action regarding various road and bridge matters as listed below:

1)      To approve a resolution to place a stop sign at the intersection of Q Rd and S 58th Rd

2)      Discussion and/or action setting road priorities for the remainder of 2009

3)       Miscellaneous

 

         9:30 a.m. – Sandy Morrissey, Region V Systems, Director of Prevention Coalition: Annual report

    

 

 

 Other business matters to address when time allows:

       Jackie Smith, County Treasurer: Discussion and/or action RE: To approve tax refund (s); Discussion and/or

                   action to approve pledged securities

       Therese Gruber, County Assessor: Present 3 year Plan for Assessment;

       Present list of cemeteries as automatic exempted properties 

         Discussion and/or demonstration by Emergency Management of GPS system

         Discussion and/or action regarding storage of county records and property and space requirements

             

       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.        

 

 

 

July 28, 2009

 

The Otoe County Board of Commissioners convened in regular session at 8:30 a.m. on July 28, 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 Lade 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 Crook 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 Lade made a motion, seconded by Commissioner Freshman 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 Kreifels made a motion, seconded by Commissioner Crook to approve payment of the regular claims with the exception of one for conservation work that was pulled for further review. 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.

 

Chairman Nelsen suggested that two Commissioners form a committee to do a comprehensive study of storage for county records/property and space requirements. Currently, the County is renting storage units at various locations because the storage rooms in the Courthouse are full. Old records that cannot be destroyed must be stored and new records accumulate daily. Commissioner Nelsen made a motion, seconded by Commissioner Freshman to appoint Commissioner Kreifels and Commissioner Crook to serve on the storage study committee.  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.

 

At 8:40 a.m. Chairman Nelsen called for short recess. At 8:45 a.m. the meeting resumed with all members being duly noted as present.

 

Chairman Nelsen opened a public hearing regarding the issuance of a Conditional Use Permit. Zoning Administrator, Dave Schmitz, said that Ken Halvorsen, representing US Asphalt, has made a request to construct a temporary asphalt plant at the northwest corner of E Rd and Hwy 50. The company will be starting construction work on the highway in March of 2010. Schmitz said the company has already been issued a driveway permit and has met all the requirements of the County’s zoning regulations. The Planning Commission approved issuance of the permit at their July 16th meeting; therefore he recommended board approval. There being no public comment, Chairman Nelsen closed the public hearing. Commissioner Lade made a motion, seconded by Commissioner Crook to approve issuance of a Conditional Use Permit to US Asphalt allowing the company to construct a temporary asphalt plant at the corner of County Road E and Hwy 50. 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.

 

Chairman Nelsen opened a public hearing to hear support or objections to a request made by David and Mary Ann Teten to vacate Lot 2 in Tipken Subdivision. The Tetens own 80 acres east of the lot and want to revert the property back into farm ground. The Planning Commission approved vacation of the lot at their July 16th meeting; therefore, Schmitz recommended board approval. There being no public comment, Chairman Nelsen closed the public hearing. Commissioner Kreifels made a motion, seconded by Commissioner Crook to approve the vacation of Lot 2, Tipken Subdivision located in the W ½ of the SE ¼ S27-T9-R12 as requested by David and Mary Ann Teten. 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.

 

Chairman Nelsen opened a public hearing to hear support or objections for the approval of a plat for D & K Acres Subdivision as requested by Loran and Mary Patton. Schmitz said Dave and Kate Patton plan to build a new home on the 2.01 acre tract. They have obtained a culvert permit for their driveway; have met DEQ requirements and have been approved to hook onto the rural water line. There being no public comment, the public hearing was closed. Commissioner Freshman made a motion, seconded by Commissioner Kreifels to authorize Chairman Nelsen to sign the plat map for D & K Acres Subdivision located in the NE ¼ of the NE ¼ S9-T8-R13 as requested by Loran and Mary Patton. 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. Dave Patton was in attendance at the hearing.

 

P. George Payne, representing Advanced Gaming Technologies, came before the Board to seek approval to establish three keno satellite locations in Nebraska City. According to the interlocal agreement between the County and the City, the City Council must first approve the sites, which they did. He is now bringing the same request to the County Board for final approval. Payne said the three establishments who are interested in offering keno are the Avenue Grill, the Depot and the Eagles Club. Commissioner Freshman made a motion, seconded by Commissioner Kreifels to approve the Avenue Grill, the Depot and the Eagles Club as keno satellites in Nebraska City. 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. Subsequently, Commissioner Freshman made a motion, seconded by Commissioner Crook to authorize P. George Payne to sign all keno licensing forms, including Form 50G. 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, reported that Windstream is ready to install the T1 Circuits between Syracuse and Douglas and between Syracuse and Nebraska City. This is the last phase of a five year communication project. The initial installation fee is approximately $4500. There are 3 options for a maintenance agreement. By entering into a 12 month agreement, the annual fee would be $18,153; for a 36 month contract the fee would be $15,245; and for a 60 month contract the fee would be $12,855. Goebel recommended the 60 month contract which is the most cost effective. Commissioner Crook made a motion, seconded by Commissioner Lade to approve installation of the T1 Circuits between Syracuse and Douglas and between Syracuse and Nebraska City and to enter into a 60 month contract with Windstream regarding its maintenance; all fees shall be paid from the 911 fund. Commissioner Crook was concerned that the company would restore the county road right of way to its original condition after the trenching was done. Goebel said the trench for the new cable will be very narrow and there should be no problem to restore the right of way. 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. Goebel noted that the demonstration for a GPS System will be rescheduled for another meeting.     

 

According to statute, the County Assessor is required to present the County Board with a list of cemeteries located in the county that are automatically exempted from taxes. In addition, the County Assessor also furnished each board member with a copy of her “Three Year Plan” outlining an assessment action plan for the next three years. She said no action was required to accept the reports. Chairman Nelsen said he personally wanted to thank the Assessor and her staff for their diligent work involving the protest hearings. All board members concurred.

 

Jackie Smith, County Treasurer, requested the release of pledged securities with Arbor Bank, Nebraska City, in the aggregate amount of $1,800,823.49 and replacing them with securities in the aggregate amount of $1,828,973.87. Commissioner Kreifels made a motion, seconded by Commissioner Freshman to adopt Resolution 2009-42 approving said transactions. 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 Kreifels made a motion, seconded by Commissioner Lade to approve a tax refund to John V James in the aggregate amount of $2,327.50 for tax years 2006, 2007 and 2008 due to a correction of acreage count on the assessment record of Parcel #001602000. 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.

 

Glen Steffensmeier, Highway Supt, was available for discussion of road and bridge matters.

 

Chairman Nelsen introduced Resolution 2009-43 involving the placement of a stop sign at the intersection of 58 and Q Roads. According to a “Stop Sign Study” submitted by the engineering firm of Mainelli-Wagner, the stop signs should be placed on the east/west roadway allowing the north/south roadway through road status. Commissioner Crook made a motion, seconded by Commissioner Kreifels to adopt Resolution 2009-43 resolving to place a stop sign at the intersection of 58 and Q with the south/north traffic as through traffic and the east/west traffic as the stopped traffic. Supt Steffensmeier said “stop ahead” signs will also be placed on Q Road and “intersection ahead symbols” will be placed on S 58th Rd. Commissioner Crook said the local residents as well as the school district appreciate the installation of the stop signs. They have considered this a dangerous intersection with a long history of many near miss accidents. 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.

 

All 2007 FEMA projects have been contracted or finished. Within weeks, the 2008 projects should be contracted and completed. Last week, Commissioners Freshman and Nelsen reviewed and approved awards for projects that were less than $5000. Commissioner Crook asked Steffensmeier for a list of bridges with the weight designation noted. He said he would get an updated list from the NDOR.

 

Board members are receiving a grading map every two weeks. The map indicates which roads have been graded within a specific time period. Chairman Nelsen said the map is a good management tool to ensure that all roads are being graded every 3 to 4 weeks. The map is being posted to the website as well.

 

Board members selected five federal aid projects and designated them as their top priority. The following bridges are listed in order of priority one through five: Bridge #53230 west of P-60 (aka the Shallenberger Bridge); Bridge #22210 on Angle Road southeast of Syracuse; Bridges #16130 and #16135 located on N 60th Rd(Goosehill Rd); Bridge #00825 east of D-20; Bridge #02905 south of P-28.  

 

Steffensmeier said he received notice from NEMA that three Otoe County bridges are being considered for final approval and the fourth bridge is still in review. He also has turned in five projects for Emergency Relief funding, which is separate from FEMA/NEMA funding. His original estimate for cost repairs was $230,000. However, he said new estimates will need to be submitted after the field visits with NDOR staff. He noted the paperwork is a long process and it will take about two years from beginning to end. Cost share has not been established yet, but the County could be responsible for paying up to 20% of the total.

 

At 9:20 a.m. Chairman Nelsen called for a ten minute recess. At 9:30 a.m. the meeting resumed with all members being duly noted as present.

 

Sandy Morrissey, Director of Prevention Coalition for Region V Systems, came before the Board to give her annual report. The Agency’s goal is to prevent substance abuse, starting with the youth. She said Otoe County is a leader in the system when it comes to applying for and utilizing grant funding. Otoe County has many teens who are actively serving on the prevention staff.  NETV has developed a video “Your Kids are Drinking” which she said is the best reality video she has ever seen. It has been shown in many schools and town hall meetings in Otoe County.

 

Commissioner Crook announced that John Hodges, who was a former board member and community leader, passed away last week and asked that county employees honor his memory.

 

Chairman Nelsen said members were going to review the budget worksheets; then visit the jail at 11:30 a.m. to comply with state statute requirements.

 

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 10:50 a.m. The next regular meeting will be held on August 11, 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 28th day of July 2009.

 

 

 

Janene Bennett

Otoe County Clerk