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 August 8, 2006, 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                                       August 8, 2006

 

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

                                meeting, Audit and Sign payroll and regular claims

 

 8:31 a.m. – Jerry Berggren, Architect: Discussion and/or action RE: Courthouse Renovation

 

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

a)      Discussion and/or action RE: Driveway access for Pharma Chemie

b)      Discussion and/or action RE: Field driveway for Ron Barrett

c)      Discussion and/or action RE: New Highway Superintendent

d)      Discussion and/or action RE: BRO-7066(35) Julian East – Request for supplemental pay

e)      Discussion and/or action RE: Instituting County policy for tube installation in private drives

f)        Discussion and/or action RE: Hiring a part time road department employee

g)      Mark Mainelli: Highway Superintendent Report 

                        h)  Discussion and/or action RE: CIR appeal

 

10:00 a.m. – Discussion and/or action RE: Regional Economic Development Loan Fund Applications

 

10:15 a.m. – Jackie Smith: Discussion and/or action RE: Quotes to purchase office furniture

 

10:30 a.m. – Mike Holland, Chief Deputy Sheriff: Discussion and/or action RE: Purchase of patrol vehicle

 

10:45 a.m. – Budget discussion

 

            Other business matters to address when time allows:

               Jackie Smith, Treasurer: Pledged Security(s); Resolution to institute action foreclosing the lien on Certificates of Tax Sales that are three years old

               Discussion and/or action RE: Telephone System Maintenance Contract

               Brandi Reimers, Assessor: Tax list corrections

   Marv Pesek: Discussion and/or action RE: GA cases/applications (exec session)           

   Miscellaneous Correspondence and other matters that may come before the Board

           

                                                                                                                        Janene Bennett, Otoe County Clerk  

 

 

Immediately following adjournment from regular session, the Commissioners will convene as the Board of Equalization to act upon valuation protests

 

 

August 8, 2006

 

The Otoe County Board of Commissioners convened in regular session at 8:30 a.m. on August 8, 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 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.

 

Jerry Berggren, Architect, reported that he, Commissioner Stratker and Matt Coatney, from the Nebraska DMV visited the Nebraska City Road Shop to see if an area could be utilized for drivers’ testing if the Drivers Examiners were relocated there. He presented a proposed sketch to rearrange the current offices, which would cost very little to do. He suggested moving the Secretary from the entrance area into the first office in the southeast corner and installing a viewing window in the north wall so that she could see people entering the building. The Highway Superintendent would occupy the next office to the west, and the third office was designated for use by the Foreman. The entrance area would become a waiting room and the current break room could be used as the testing area. Berggren said there would be a cost for data cabling between the Treasurer’s Office at the Courthouse and the Road Shop, however, he didn’t have a price for that yet. The parking lot is large enough to accommodate semi trucks of the CDL applicants. However, Berggren said he was later contacted by Sarah O’Roarke from the Nebraska DMV, who was concerned that inexperienced drivers would be entering a heavily traveled beltway. As an alternative, Commissioner Stratker said he contacted Mr. Hall at American National Bank to see if he had rentable office space for the Drivers License Examiners, but is awaiting a reply. Mr. Hall had offered a proposal of $500 per month to rent storage space to the County a few weeks ago. Commissioner Stratker felt the Board should respond to his offer, so they will draft and send a letter to American National Bank noting that the County may still be interested in renting the facilities for storage, but they are not prepared to make a final decision at this time.

 

Berggren reviewed the remaining items on his “Request for Money” list. Item 2) Finish out the basement area for EMA Command Center, EMA Office and Probation Day Reporting Services for a total of $142,074. The split is $77,857 for Probation Area and $64,217 for Emergency Management. Items 3 & 4) $6,714 credit revisions to Probation’s Office Space on second floor; $114 credit for returned light fixtures and addition of mirrors in second floor restrooms. Register of Deeds, Jan Reed asked why special parts were ordered to repair the old stools; would it have been cheaper to buy new stools instead of reusing the old ones that needed special order parts. The restrooms have been out of commission for nearly 2 months since the parts are on back order. Janis Riege, Clerk of District Court, questioned whether any grant money could be used for renovating the EMA portion of the basement. Gregg Goebel, EMA Director, said there is no money available for construction, but he could possibly get more money for security cameras, communication equipment, etc. When asked if anyone had contacted the Cass County Commissioners to request some type of reimbursement for Cass County probationers who will be assigned to the Day Reporting Program in Otoe County, Chairman Schroder replied that he spoke with the Cass County Chairman who said they had no money to give. The County Clerk, Janene Bennett, reminded Berggren that he needs to give credit for work that was not done in her office vault. He had included carpeting and painting in the overall bid even though she had specified (before the specs were drawn and put out for bid) that she did not want anything done in her vault. Commissioner Giittinger made a motion, seconded by Commissioner Stratker to approve a change order for credits in the total amount of $6,828. Voting – Commissioners Schroder, aye; Giittinger, aye; Stratker, aye. Motion carried.

 

Rick Sedersten explained that the original quote for window treatments in the Courthouse did not include arched shades for the windows on the north side of the building. At the time, office holders felt the shades were not needed to keep out the heat or sunlight, but now the windows look “unfinished”. He obtained a quote for 11 additional arched shades that totaled $3,223. Commissioner Giittinger made a motion, seconded by Commissioner Stratker to approve the purchase of the 11 additional arched shades from Midwest Venetian Blinds for a total of $3,223. Voting – Commissioners Stratker, aye; Schroder, aye; Giittinger, aye. Motion carried.

 

Foremen Wally Pohlman and Lynn Denniston and Interim Highway Superintendent Mark Mainelli came before the Board to discuss road and bridge matters.

 

Commissioner Giittinger made a motion, seconded by Commissioner Stratker to table any action regarding driveway access for Pharma Chemie and Ron Barrett due to the fact that the County Attorney is on vacation and he did not submit the proper paperwork for the County Board to sign. Voting – Commissioners Giittinger, aye; Stratker, aye; Schroder, aye. Motion carried.

 

Glen Steffensmeier from Clarkson, Nebraska, was first interviewed for the position of Otoe County Highway Superintendent on July 18th with a follow-up interview on July 27th. He was offered the position and returned today to discuss some of the conditions and duties of his hiring proposal. Commissioner Stratker made a motion, seconded by Commissioner Giittinger to go into executive session at 9:17 a.m. to discuss personnel issues with Mr. Steffensmeier. Voting – Commissioners Stratker, aye; Schroder, aye; Giittinger, aye. Motion carried.

 

At 9:33 a.m. Commissioner Stratker made a motion, seconded by Commissioner Giittinger to go back into regular session. Voting – Commissioners Schroder, aye; Stratker, aye; Giittinger, aye. Motion carried. No action taken while in executive session.

 

Commissioner Giittinger made a motion, seconded by Commissioner Stratker to hire Glen Steffensmeier as the Otoe County Highway Superintendent; starting date will be September 1, 2006; starting salary will be $45,000 based on his experience and qualifications; a two year contract will be drawn up. Voting – Commissioners Stratker, aye; Giittinger, aye; Schroder, aye. Motion carried. The County Clerk was asked to send letters to all other applicants notifying them of their decision.

 

Regarding Bridge Project BRO-7066(35) Julian East - Speece Lewis Engineers are requesting a supplemental contract to cover costs which were not provided for in the original scope of services. The original estimate required them to check 8 shop drawings and calculations, but now there are 9 drawings to review. In addition, the County has requested a Load Rating for the bridge, which is no longer done by the NDOR as it was in the past. The total increase will be $399.09. Commissioner Giittinger made a motion, seconded by Commissioner Stratker to approve the cost change from $1819.14 to $2218.23, resulting in an increase of $399.09. Voting – Commissioners Giittinger, aye; Schroder, aye; Stratker, aye. Motion carried.

 

Mainelli reported that Bridge Project BRO-7066(35) east of Julian is nearly done. He said there will be a change order coming for the additional drop pipes that were used to head off possible drainage problems. Commissioner Giittinger made a motion, seconded by Commissioner Stratker to authorize Chairman Schroder to sign the change order when it arrives. Voting – Commissioners Schroder, aye; Stratker, aye; Giittinger, aye. Motion carried.

 

Now that a new Highway Superintendent has been hired, Mainelli advised the Board to work with him in designing a policy for tube installation in private driveways. Commissioner Schroder made a motion, seconded by Commissioner Stratker to table discussion of the matter to a later date - after Mr. Steffensmeier commences employment. Voting – Commissioner Stratker, aye; Giittinger, aye; Schroder, aye. Motion carried.

 

There was some discussion regarding the hiring of a part time employee for the road department. Ryan Neeman began working in the Palmyra area on July 26th. A question was raised as to whether this was permissible since there was a motion made in April of 2005 to put a freeze on hiring. Commissioner Schroder said the intent of the motion was to freeze hiring of full time employees, not part time employees. Ruth Dalton provided a copy of the April 28, 2005, minutes which stated that a motion was made to “freeze any hiring at this time until more is known about the union negotiations.” The Board turned to Dave Partsch, Deputy County Attorney, for an opinion. It was his interpretation that if the Board wants to hire someone now, they would need to rescind the motion. He felt since the motion referred to “any hiring” that would be construed to mean part time or full time. Commissioner Stratker objected to rescinding the motion. Commissioner Giittinger made a motion, seconded by Commissioner Schroder to rescind the motion made on April 28, 2005, (lifting the hiring freeze), and to hire one temporary part time employee for the road department. Voting – Commissioners Giittinger, aye; Schroder, aye; Stratker, no. Motion carried.

 

Mark Mainelli reported that he is planning to invite all effected landowners to a meeting to discuss right of way acquisition and answer questions regarding the Kearney Hill Paving Project southeast of Nebraska City. He will schedule it for the first week of September after the new Highway Superintendent arrives.

 

Mainelli said he would review the Soft Match Projects with the new Superintendent and bring him up to speed with all other road issues. He also volunteered to work with Mr. Steffensmeier in preparing the budget for FY07. Commissioner Schroder asked Mainelli if he checked on the status of the Washington Street Project in Douglas, but Mainelli said so far he hasn’t found any plans filed with the NDOR.

 

Commissioner Stratker was concerned that over $10,000 has already been spent on truck repairs this fiscal year. Foreman Kuenning (who was not present) had submitted an estimate of $10,000 for a complete overhaul of another truck or $4200 just to fix the cylinder. The truck was towed to Nebraska Truck and Tractor where it has been torn apart; they are waiting for direction on how much repair work the County wants done. The Board felt the estimates seemed high and agreed to get a second estimate for a complete overhaul from Wise Mack.

 

Since the last Commissioners’ meeting on July 25th, Attorney Jerry Pigsley requested a post trial conference with the Court of Industrial Relations, appealing the Judge to include the wage report of Jefferson County in the array of comparisons which would lower the average hourly rate for the road workers. Commissioner Giittinger said he would like to drop the appeal, to discontinue services with Pigsley, and to enlist the services of our County Attorney. He sees no sense in spending more money on something that has already been denied.  Deputy County Attorney Partsh said he was just notified late yesterday that the Judge has scheduled a telephonic hearing for tomorrow (August 9th) when he will either confirm his previous decision or find cause to change his mind.  Partsch said it probably won’t cost much more for the hearing tomorrow. Commissioner Stratker said it is his understanding that there will be another 10 days to respond after the hearing tomorrow. Commissioner Schroder said the County has paid nearly $40,000 for Piglsey’s services. He recently found that Gage County paid $120,000 to same law firm hired to handle their union negotiations. They went as far as District Court where Gage County won, but had spent a lot of money to get there. Commissioner Schroder said he doesn’t think the Judge will change his mind. Commissioner Giittinger made a motion, seconded by Commissioner Schroder to discontinue services with Jerry Pigsley of Harding, Shultz and Downs Law firm effective August 11, 2006 and to accept whatever judgment is ordered after the August 9th hearing. Voting – Commissioner Schroder, aye; Stratker, no; Giittinger, aye. Motion carried.

 

The Nebraska City / Otoe County Loan Application Review Board met on July 27, 2006, to review three applications requesting a loan from the Economic Development Loan Fund. Dave Taladay, Economic Development Plan Administrator for Southeast Nebraska Development District (SENDD) facilitated the meeting. Projects within the corporate limits of Nebraska City must be approved by the City Council and projects outside the corporate limits must be approved by the County Board of Commissioners. The Review Board recommended approval of a $50,000 loan to Hillman Masonry, located in rural Otoe County near Dunbar, with access to a line of credit of $75,000 at Otoe County Bank. Commissioner Giittinger made a motion, seconded by Commissioner Stratker to set a public hearing for August 22, 2006, where formal action is needed to actually approve the loan. Voting – Commissioners Stratker, aye; Giittinger, aye; Schroder, aye. Motion carried.

 

Jackie Smith, County Treasurer, obtained quotes from All Makes Office Solutions, Interior Design, and Quill for the purchase of new office furniture for her office, the Assessor’s Office and the Veterans Service Office. Of the three, All Makes offered the best deal. Commissioner Giittinger commented that we have gotten the good out of the current furniture which is very old and outdated. Cost includes delivery and installation. The County Clerk added that she is requesting to purchase new lateral file cabinets that will serve as a room divider for privacy protection as well as provide more filing capacity, yet take up less floor space. She estimated the cost to be less than $2500. Commissioner Giittinger made a motion, seconded by Commissioner Stratker to approve the purchase of office furniture from All Makes for the quoted amount of $16,280 and to approve the purchase of file cabinets for County Clerk’s Office. Voting – Commissioners Giittinger, aye; Schroder, aye; Stratker, aye. Motion carried.

 

Ms. Smith requested the release of a pledged security with American National Bank in the amount of $150,000. Commissioner Giittinger made a motion, seconded by Commissioner Stratker to adopt Resolution 2006-33 approving said transaction. Voting – Commissioner Schroder, aye; Stratker, aye; Giittinger, aye. Motion carried.

 

Ms. Smith then explained that the County is holding Certificates of Tax Sale for seven parcels of real estate wherein 3 years has 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 Schroder made a motion, seconded by Commissioner Giittinger to adopt Resolution 2006-34, directing the County Attorney to institute foreclosure on the seven Certificates of Tax Sale presented. Voting – Commissioners Stratker, aye; Giittinger, aye; Schroder, aye.  Motion carried.

 

The Sheriff’s Chief Deputy, Mike Holland, appeared before the Board to review a cost proposal for the purchase of a patrol vehicle. He said that Deputy Larry Clark has been working with Larson Motors in Nebraska City who is offering a deal on a 2006 Pontiac GTO. The list price is $33,180 less $1500 rebate, less $11,180 trade-in allowance for a 2003 Ford Mustang. Larson Motors lowered the price by an additional $10,600 as a donation to the Sheriff’s Department. Bottom line purchase price is $9,900. When asked what the fuel efficiency was, he said the car is a high performance vehicle averaging 25 miles per gallon on the highway. Commissioner Giittinger made a motion, seconded by Commissioner Stratker to approve purchase of the 2006 Pontiac GTO from Larson Motors for an out-of-pocket cost of $9,900. Voting – Commissioners Giittinger, aye; Schroder, aye; Stratker, aye. Motion carried.

 

Other business matters were addressed at this time.

 

Windstream Communications (fka Alltel) submitted quotes for a maintenance agreement on the Nortel BCM telephone system in Courthouse. There were several options listed, but no one was available to explain the differences. Commissioner Giittinger made a motion, seconded by Commissioner Stratker to table any action at this time until further information could be obtained. Voting – Commissioners Schroder, aye; Stratker, aye; Giittinger, aye. Motion carried.

 

Brandi Reimers, County Assessor, presented the following tax list corrections for Board approval: 1) Joy Morton and Mary K Porter – homestead exemption was denied; no net change; taxes in the amount of $841.28 will be paid by the landowner rather than the State. 2) Boettcher Family Farms – bins were moved from one parcel to another, but the value was not moved - deduct $109.34. Commissioner Giittinger made a motion, seconded by Commissioner Stratker to approve the tax list corrections as presented. Voting – Commissioners Stratker, aye; Giittinger, aye; Schroder, aye. Motion carried.

 

At 11:15 a.m. Commissioner Giittinger made a motion, seconded by Commissioner Stratker to go into executive session to review general assistance cases and applications with Marv Pesk, the General Assistance Administrator. Voting – Commissioners Giittinger, aye; Schroder, aye; Stratker, aye. Motion carried.

 

At 11:28 a.m. Commissioner Giittinger made a motion, seconded by Commissioner Stratker to go back into regular session. Voting – Commissioner Schroder, aye; Stratker, aye; Giittinger, aye. Motion carried. No action taken while in executive session.

 

At 11:28 a.m. Chairman Schroder called for a recess from regular session.

 

At 11:29 a.m. the Board of Commissioners convened as the Board of Equalization to act upon valuation protest filings. Answering present at roll call were Commissioner Stratker, Commissioner Giittinger, Commissioner Schroder and Chief Otoe County Appraiser Tim Smulling.

 

On July 25, 2006, Rex W Schroder appeared at a BOE hearing where he stated his reasons for protesting the proposed valuation of his property located in the NE ¼ of the NE ¼ of S15-T9-R9. Upon review and consideration of the protest number 06-166 filed by Rex W Schroder regarding Parcel #999554707, Commissioner Giittinger made a motion, seconded by Commissioner Stratker to approve the County Assessor’s recommendation to set the value at $25,870, a reduction of $16,190. Voting – Commissioners Stratker, aye; Giittinger, aye; Schroder, abstained. Motion carried. The value was changed since no home site has been developed.

 

Protest Number 06-167 was read into the record. Landowner, Troy Pabst filed a protest on parcel #002446500 located in the S ½ of the NW ¼ N of RR Row S12-T8-R10. Exhibit #203 included the taxpayer’s filed protest form, copies of four pages from the Nebraska Farm Real Estate Market Developments 2004-05 and a letter of instructions for filing a protest. Mr. Smulling said he made a physical inspection of the property. Mr. Pabst is basing his valuation reduction request on the value of agricultural land in accordance with the Nebraska Farm Real Estate Market attached. However, it is the opinion of the Assessor that this property is and should remain in the rural residential class and it is being assessed as any other acreage. Therefore, no change is recommended. Commissioner Schroder made a motion, seconded by Commissioner Giittinger to agree with the Assessor’s recommendation, setting the value at $103,580. Voting – Commissioners Giittinger, aye; Schroder, aye; Stratker, aye. Motion carried.

 

Appraiser Smulling presented three properties that require a Notice of a Change of Valuation due to the Assessor’s finding of overvalued parcels. Two parcels owned by Boettcher Family Farms involved bins that were removed from the land, but the bin values were not removed. The third notice is being sent to Christopher Golden who has no finished basement, but was being assessed for one. Commissioner Giittinger made a motion, seconded by Commissioner Stratker to direct the County Assessor to send out Notices of a Change in Valuation on behalf of the Otoe County Board of Equalization. Voting – Commissioners Schroder, aye; Stratker, aye; Giittinger, aye. Motion carried.

 

There being no further business to come before the Board of Equalization 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. Voting – Commissioners Stratker, aye; Giittinger, aye; Schroder, aye. Motion carried.

 

At 11:45 a.m. the Otoe County Board of Commissioners reconvened. Answering present at roll call were Commissioner Schroder, Commissioner Stratker and Commissioner Giittinger.

 

The County Clerk reviewed several budget requests with the Board.

 

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 at 12:30 p.m., until the next one, which will be on August 22, 2006. Voting – Commissioners Stratker, aye; Giittinger, aye; Schroder, 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 8th day of August 2006.

 

 

 

 

Janene Bennett

Otoe County Clerk