NOTICE OF MEETING
NOTICE
IS HEREBY GIVEN that the Otoe County Board of Commissioners will meet in
regular session at 8:30 a.m. on August 25, 2009 in the
AGENDA ___________________________________AUGUST 25,
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 to
approve W & M Damme Subdivision located in the NW
¼ of the NE ¼
35-7-11 as requested by Wesley & Mary Ann Damme – Site location 34th & R Roads
2) Public Hearing to approve Tincher-Malzer Subdivision located in the SW ¼ of the SW ¼
27-8-14 as requested by Mark Tincher, Frank and Pamela Malzer,
Gary and Jean Malzer,
James Griepenstroh,
Charles and Cheryl Davis, Robert and Deborah Lurch –
Site location
9:00 a.m. – Jacki
Schmitz – Annual financial report involving Juvenile Diversion Programs
9:00 a.m. – Vanessa Sherman – Annual
activity Report for Juvenile Diversion Programs
9:15 a.m. – Discussion and/or action
involving road and bridge matters
1)
D/A to install
fencing around the new fuel system at the Nebraska City Road Shop
2)
D/A regarding
roof repair on Syracuse Road Shop
3)
D/A regarding roadside
maintenance; statutory requirements for clearing brush, trees, etc
4)
D/A regarding
steel and cable quotes
5)
D/A regarding
Northern Natural gas line under bridge C66(444)
6)
Go into executive
session to discuss negotiated terms of the proposed Local 251
Union
Contract involving the Otoe County Road Crew
Discussion and/or action to approve the proposed Local
251 Union Contract
7) Discussion and action on pending road
projects and miscellaneous road matters
9:30 a.m. – Public Hearing to approve
proposed
restricted
funds by 1%
9:35 a.m. – Public Hearing to approve
resolution setting final tax request for FY10
Public Hearing to approve levy
allocation requests for political subdivisions under county authority
Other business matters to address when time
allows:
Discussion and/or action to approve
inventory statements listing all county property in the custody of Elected
Officials and Department Heads
Discussion and/or action to renew
contract with Barone Security Systems involving
semi-annual inspections of
the fire
alarm system at the courthouse and jail facility
Discussion and/or action to appoint an
On Aging Governing Board
Discussion and/or action to renew an
Agreement with Maximus Inc to provide cost allocation
plan services
Discussion: Census 2010
Jackie Smith,
property
distress warrants issued for two consecutive years
Miscellaneous Correspondence and other
matters that may come before the Board
Immediately
following the meeting, Board members will attend a GPS Webinar in the
Multi-Purpose Room to review options for GPS units in county vehicles
Janene Bennett
Otoe
At
1:00 p.m. the Commissioners will convene in a joint session with the Otoe
County Planning Commission members to conduct a zoning regulation workshop. Zoning
consultant, Orval Stahr,
will be available to answer questions.
The
Individuals requiring physical or sensory
accommodations, including interpreter service, Braille, large print or recorded
materials, please contact Janene Bennett,
August 25, 2009
The Otoe County Board of Commissioners convened in regular session at
8:30 a.m. on August 25, 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 Kreifels 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 Kreifels made a motion, seconded by Commissioner Freshman
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 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 Freshman made a motion, seconded by Commissioner Lade 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.
Jackie Smith,
Ms. Smith then presented a list of personal property taxes that are two
years or more delinquent, including mobile homes. In accordance with State
Statute 77-1738, she is asking permission to strike the taxes from the tax
roll, a total of $20,048.90. However, she reminded the Board that striking
delinquent tax does not cancel the tax; therefore collection can be made if the
opportunity arises. Striking the taxes from the tax roll merely relieves her
from having the Sheriff issue additional distress warrants. Commissioner
Kreifels made a motion, seconded by Commissioner Freshman to grant Ms. Smith
permission to strike the taxes on personal property as listed. 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.
By September 1st of any given year, elected officials and
department heads are required to submit Inventory Statements to the
The Inspection Contract with Barone Security
Systems expired July 1, 2009. Services include semi-annual inspections of the
fire alarm system in the Courthouse and Jail Facility. Commissioner Lade made a
motion, seconded by Commissioner Kreifels to authorize Chairman Nelsen to sign the
renewal contract with Barone Security Systems for an
annual fee of $237. The contract period is July 1, 2009 through June 30, 2014.
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.
Chairman Nelsen opened a public hearing to hear support or objections to
the approval of a plat map for W & M Damme Subdivision
located in the NW ¼ of the NE ¼ S35-T7-R11 as requested by Wesley & Mary
Ann Damme. Zoning Administrator, Dave Schmitz, said
the couple plan to build a new home on the 4.86 acre tract. Rural water is
available; the plat includes a driveway easement on the east side. There being
no further comments, Chairman Nelsen closed the public hearing. Commissioner
Lade made a motion, seconded by Commissioner Crook to authorize Chairman Nelsen
to sign the plat map for W & M Damme Subdivision
located west of Intersection R-34. Chairman Nelsen called for a vote. Voting
aye were Commissioners Freshman, Nelsen, Lade, Crook and Kreifels. Nay – none.
Motion carried.
Chairman Nelsen opened a public hearing to hear support or objections to
the approval of a plat map for Tincher-Malzer Subdivision
located in the SW ¼ of the SW ¼ S27-T8-R14 as requested by Mark Tincher, Frank and Pamela Malzer,
Gary and Jean Malzer, James Griepenstroh,
Charles and Cheryl Davis and Robert and Deborah Lurch. Schmitz said a new house
will be built south of the existing vacated house. Once the new home is
completed, the old house must be removed within six months. There being no
further comments, Chairman Nelsen closed the public hearing. Commissioner Crook
made a motion, seconded by Commissioner Freshman to authorize Chairman Nelsen
to sign the plat map for Tincher-Malzer Subdivision
located at
As a side note, Schmitz said he met with FEMA representative to discuss
and review flood plain elevations in the county. Property within Sanitary Improvement
District #1 has not yet been accredited as a flood plain. The SID has no
residents, but includes property owned by the OPPD Power Plant southeast of
At the previous meeting it was noted that the
For many years, the County has contracted with Maximus
Inc to determine and write a cost allocation plan that allows the County to
submit requests for reimbursement from federally funded central services.
Counties are considered grantee governmental departments who provide services
that directly benefit the public such as administering law enforcement, child
support, general assistance, etc. Commissioner Freshman made a motion, seconded
by Commissioner Kreifels to authorize Chairman Nelsen to sign and renew a
Service Contract with Maximus Inc to prepare cost
allocation plans that qualify the County to receive federal reimbursements for
providing public services. 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.
Last week, Commissioner Crook attended a Census 2010 workshop in
Vanessa Sherman, Coordinator for the Otoe County Juvenile Diversion
Program, came before the Board to give an annual activity report. Since the
program was implemented in 2004, 291 juveniles have been referred to the
program. 160 have completed the program, 26 are pending, 94 refused diversion
and 11 withdrew or failed. Over half of the participants are 16 to 17 years
old; 56% are males and 44% are females; the most common offense is MIP of
alcohol or tobacco. The program includes diversion class sessions covering such
topics as alcohol and drug use, anger management, decision making, goal
setting, etc. It requires a parent/guardian
to attend as well. Each participant must pay a $100 fee. The Program’s goal is to
divert juveniles from becoming repeated offenders. In addition to classroom
time, the youth must abide by a set curfew, apologize and accept responsibility
for their action and participate in community service projects. She said
statistics show that 79% of the juveniles who successfully complete the course
have not re-offended.
Jacki Schmitz, grant writer for the Juvenile Diversion Program, gave a brief
history of why and when the program began. The Legislature passed a bill in
2000 requiring counties to develop a comprehensive juvenile service plan and a
grant was awarded to fund the cost for developing the plan. Since then, Ms.
Schmitz has applied and received several juvenile service grants, some of which
have now expired. However, every year
As advertised, a Public Hearing was conducted to hear support,
opposition, criticism, suggestions or observations relating to the County’s
proposed budget for FY09-10. There being no comments, Chairman Nelsen closed
the hearing. Chairman Nelsen introduced Resolution 2009-49 to increase the
restricted funds limit by an additional 1%. By doing so, the County will create
additional unused budget authority for the next fiscal year. Commissioner
Kreifels made a motion, seconded by Commissioner Freshman to pass Resolution
2009-49, approving an additional 1% increase of the 2009-2010 Restricted Funds
limit. 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. Subsequently, Commissioner Lade
made a motion, seconded by Commissioner Crook to sign Resolution 2009-50
adopting the 2009-2010 Budget for
A second public hearing was held for the purpose of hearing support or
opposition to set the property tax request at a different amount than the
previous year. According to the
In accordance with State Statutes 77-3442 and 77-3443, it is the
The following road and bridge issues were discussed and/or acted upon:
1. Fencing around fuel tanks - Commissioner Freshman said he obtained
two quotes: To purchase 132 feet of chain link fence and a 12’ gate would cost
about $4900; to purchase the fencing materials and have it installed would cost
approximately $5500. Since the road crew is busy with road work, Commissioner
Freshman made a motion, seconded by Commissioner Lade to purchase the chain
link fencing, including installation, from Century Lumber for the quoted amount
of $5,472. 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. For added security, Commissioner
Freshman recommended to have the NC Utilities install a dusk to dawn light over
the fuel tank area at a cost of $9.13 per month.
2. Roof repair on the Syracuse Road Shop: At the previous meeting, it
was reported that the company who repaired the roof two years ago was no longer
in business. However, Commissioner Freshman found that the roofers are working
under another name. Commissioners Freshman and Lade
and Supervisor Denniston met with the roofer and
discussed options for fixing the leaking roof. All agreed the seal coat was not
going to fix the problem. They decided to remove the old insulation and extend
the roof by 18 inches to keep the water from running down the side walls. The
contractor will not charge anything for labor and said the cost for materials
will be about $560. He will monitor the area until he is sure the leak is
fixed; then spray on foam insulation.
3. Roadside maintenance: With school buses back on the road and the harvest
season quickly approaching, Commissioner Crook wanted landowners to be aware
that state statute requires them to keep brush, trees and weeds cleared from
the roadsides adjoining their property. Branches or brush protruding into the
roadway and weeds, crops or other obstacles blocking the view at intersections
can cause hazardous conditions. She said the Board does not want to appear as
threatening, but wants to stress the safety issue at stake and requests the
cooperation of all landowners. If they ignore their responsibility, the Board
has the authority to initiate the legal process for getting the brush and weeds
removed; then assessing the cost to the landowner via his tax statement. All
agreed it is important to be consistent in handling all situations the same
countywide.
4. Steel quotes: Supervisor Denniston said Hwy
Supt Steffensmeier was soliciting quotes to replenish the inventory for sheet
piling and cables. Since Steffensmeier had to attend a meeting with the Corp of
Engineers he was unable to attend today’s board meeting. Denniston
said he had enough materials for the next two weeks so the matter was tabled to
the next meeting.
5. Northern Natural Gas line: Commissioner Lade reported that a gas line
runs beneath Bridge C66(444) located on Rd 4 between Rds H and I. The County wants to replace the bridge with a
tube, so Northern Natural Gas was contacted to relocate their gas line. The
utility company said it would cost them $100,000 to remove the line and
suggested other ways to avoid disturbance. Midwest Underground, who has been
hired to install the tube, submitted a bid of $15,600 to $16,680 to add
granular fill, mesh panel and a sheet pile wall around the gas line to minimize
vibration and disturbance. The gas company asked that the County share the
cost. Commissioner Lade felt it is the utility company’s responsibility to protect
its line and the County should not pay any of the cost to do it. All Board members
agreed.
6. Union negotiations: For the past several months, Commissioners Nelsen
and Lade have been working with union representatives to negotiate terms within
the collective bargaining agreement involving the County’s road employees.
Commissioner Lade made a motion, seconded by Commissioner Freshman to approve
the terms and conditions set forth in the agreement and to authorize the
Chairman to sign same. Commissioner Nelsen said there were minor changes such
as converting paid off time from days to hours, the hiring/firing authority was
transferred to the County Board, and defining duties for the Hwy Supt, Lead
Supervisor and Crew Supervisors. More significant changes included the County’s
offer to pay 80% of the health insurance premium cost for family and spouse
coverage and to create terms for a “Sick Bank”. 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.
7. Miscellaneous: Supervisor Denniston made a request,
on behalf of the road workers, to go back to five 8 hour days in September
rather than waiting until October. Chairman Nelsen and Supervisor Denniston will determine the start date.
A letter was received from the Nebraska
The Burr Shop was sold at auction on August 24, 2009, to Gerald Carper
for the bid amount of $10 plus advertising costs.
At 10:15 a.m. Chairman Nelsen called for a recess until 1:00 p.m. at
which time the
At 1:00 p.m. the Board of Commissioners reconvened and the meeting
resumed. All members were duly noted as present. 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.
Chairman Nelsen welcomed members from the Otoe County Planning
Commission. He noted that this
Zoning Administrator, Dave Schmitz, acted as facilitator for the joint
session. Each Board member was furnished with a copy of the current Official
Zoning Map. He explained that the green area indicates the Transitional
Agriculture Zone; the white area indicates Open Agriculture; the red spots
indicate Extensive Commercial; and the blue shaded areas indicate surface water
and flood plains.
Schmitz quickly reviewed the setback requirements governing building
permits.
Schmitz said the Planning Commission is considering expanding the
Transitional Ag area to include several sections along the western boundary
line of the county. People are leaving the cities and moving to rural areas,
increasing the demand for subdivisions, both large and small. Umland said new businesses are cropping up as well, such as
wineries and recreational facilities. Hodges said the Transitional Ag Zone was
created to encourage development along highways or near cities/villages and to
discourage development in areas better suited for farming and raising
livestock. Chairman Nelsen said many of the former Commissioners were against
increasing the Transitional Ag area, but this Board of Commissioners is
favorable to expansion if it is beneficial to the County and landowner. However,
members of the Planning Commission and the County Board of Commissioners agreed
they did not favor expanding the Transitional Ag Zone along Hwy 50 south of
Syracuse or along Hwy 128.
Schmitz explained the regulations for subdividing a farm in an Open Ag
Zone. An existing farmstead may be subdivided from a farm with a minimum of 2
acres; a second subdivision can be made consisting of 2 to 20 acres; any tract thereafter
must contain at least 20 acres. In a Transitional Ag Zone, the minimum
subdivision size is 2 acres. There is no limit as to how many times a landowner
may subdivide.
There was some discussion regarding regulations and restrictions for
commercial size hog/cattle operations. Presently, no one can build a home
within ¼ to ½ mile of a livestock operation or within ¼ to ½ mile of a field
where manure is spread. Likewise, a new feedlot cannot be built within the same
radius of a residence. Stahr said some counties have
relaxed the setback requirements for spreading manure; if applying solid manure
or injecting liquid manure into the ground, there are no setback requirements.
Applying liquid manure through a pivot would still have restrictions.
Schmitz said they were also considering an increase of the fee for major
subdivisions from $200 to $500; single subdivision lots would be $40. The fees
help offset expenses of the Planning Commission. He said it costs an average of
$265 for them to meet each month.
Mr. Stahr led the discussion involving
regulations for wind turbines. Power companies are looking for landowners who
are willing to lease space on their property for the erection of wind turbines
that will produce wind energy. Since this is a fairly new concept, counties in
Commissioner Nelsen said
Stahr said
Regarding setback requirements, Schmitz said he and the Planning
Commission were considering a setback of 1300 feet from any residence. Stahr said most setbacks are based on the height of the
tower - 4 to 5 times the height is common for a distance offset.
Neal Stedman, and his wife Stephanie, said they live near
Mike Smith from
Stahr said the preliminary draft for wind turbine regulations already addresses
many of the concerns. Adopting these regulations will require a two phase
approval process. He will review each section of the draft copy with the
Planning Commission and Zoning Administrator giving them an opportunity to ask
questions and make suggestions for changes. A public hearing will be held to
approve the preliminary draft; then a second public hearing will be held to
adopt the final wind turbine regulations. This entire process would take at
least four months. Amending current regulations will require the same process
and time table.
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 2:05 p.m. The next regular meeting will be
held on September 8, 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 25th
day of August 2009.
Janene Bennett
Otoe