NOTICE OF MEETING
NOTICE
IS HEREBY GIVEN that the Otoe County Board of Equalization will convene at 8:15
a.m. and the Otoe County Board of Commissioners will meet in regular session at
8:30 a.m. on August 26, 2008, in the
Agenda for the Board of Equalization - August 26, 2008
8:15 a.m. – Convene as the Board of Equalization – Roll
call; accept agenda
Therese Trombino,
Deputy County Assessor – Discussion and/or action RE: Tax list corrections
Presentation of list of permissive
exemptions
Agenda for the regular meeting of the Otoe
8:30 a.m. -- Open Meeting; call roll;
accept agenda; accept minutes from
previous meeting; audit and sign payroll claims and regular
claims
8:45 a.m. – Public Hearing: Vacation
of Lloyd Cook Subdivision located in the NE ¼ 26-7-14 as requested
by James & Joan Cook
Public Hearing:
By Steve
& Connie, Lynn & Kathy, Neil & Susan Shallenberger
Discussion and/or action:
Administrative Replat of Country Living Subdivision
to chg street names
9:00 a.m. –
a) Update
of FEMA report
b) Discussion
and/or action RE: Trace Trail Parking Area
c) Discussion
and/or action RE: Caterpillar Rebuild information
d) Miscellaneous
9:45 a.m. – Jerry & Leonard Martin
– Discussion and/or action RE: County easement of road on OPPD ROW
10:00 a.m. – Roy Schneider, Duff Home Administrator
– Discussion and/or action RE: Fire code deficiencies
and electrical needs
10:15 a.m. – Discussion and/or action to sign
resolution to place Keno Lottery issue on General Ballot
Discussion
and/or action to sign resolution to place issue on General Ballot that would
allow
the
County to exceed the applicable allowable growth percentage for future fiscal
year(s)
10:20 a.m. – Mike and Chris Koslosky – Discussion and/or action RE: Employee layoffs
10:30
a.m. – George Forst, Vice President Local 251 – Discussion and/or action RE: Possibility of
finding alternatives to the current Roads Department budget and the possibility
of finding additional revenues in the hopes that the county will not have to
lay off any employees
11:00
a.m. – Mike Holland, Chief Deputy Sheriff – Discussion and/or action RE: A
Federal Equitable Sharing
Agreement whereby the Federal
Government and the Otoe County Sheriff Dept will share cash,
property & proceeds confiscated during a drug bust
Other business matters to address when
time allows:
Discussion and/or action to appoint a
Discussion and/or action to approve
inventory statements submitted by elected officials & department heads
Discussion and/or action RE: A
Commissioners’ Deed conveying property to the Land Reutilization Commission
Jackie Smith,
Janene Bennett,
Fire Districts, Hospital District
and Ag Society
Miscellaneous Correspondence and other
matters that may come before the Board
.
Janene Bennett
Otoe
The
Individuals requiring physical or sensory
accommodations, including interpreter service, Braille, large print or recorded
materials, please contact Janene Bennett,
August 26, 2008
The Otoe County Board of Commissioners convened in regular session at
8:30 a.m. on August 26, 2008 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 the local radio station KNCY 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.
At the request of Local 251, the meeting was moved to the
The meeting was called to order by the Chairman of the Board, Dale Haverty. Answering present at roll call were Commissioner Haverty, Commissioner Kreifels
and Commissioner Schroder.
Chairman Haverty informed the public in
attendance that a current copy of the Open Meetings Act is posted on the west
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 Schroder made a motion, seconded
by Commissioner Kreifels to accept the agenda as
posted. There being no discussion, Chairman Haverty
called for a vote -- Commissioners voting aye: Kreifels,
Haverty, Schroder; nay:
none. Motion carried.
Commissioner Schroder made a motion, seconded
by Commissioner Kreifels to accept the minutes from
the previous meeting as mailed to them as each member was furnished with a copy
of same. There being no discussion, Chairman Haverty
called for a vote – Commissioners voting aye: Haverty,
Schroder, Kreifels, aye; nay:
none. Motion carried.
Commissioner Schroder made a motion, seconded
by Commissioner Kreifels to audit and sign payroll
claims and regular claims unless otherwise noted. A brief discussion ensued.
Hwy Supt Steffensmeier said that he did not sign or approve the Road Dept
payroll claims this pay period because the employee worksheets were incomplete.
He said he needs that information for FEMA records. If reports are not
complete, FEMA could deny reimbursement for the cost to repair roads &
bridges damaged by flooding. Board members agreed they would approve the
payroll claims this time, but this should be considered as a warning that all
paperwork must be completed and claims signed by the Hwy Supt or they will not
approve payment next time. Chairman Haverty called
for a vote - Commissioners voting aye: Kreifels, Haverty, Schroder; nay - none.
Motion carried.
Chairman Haverty opened the public hearing for
the Vacation of Lloyd Cook Subdivision located in the NE ¼ S26-T7-R14 as
requested by James and Joan Cook. Dave Schmitz, Registered
Chairman Haverty opened the public hearing to
hear support or objections for approving Shallenberger
Heights Subdivision located in the SE ¼ SE ¼ S8-T7-R14 as requested by owners
Steve & Connie Shallenberger, Lynn & Kathy Shallenberger, and Neil & Susan Shallenberger.
Schmitz said this 3.10 parcel includes the former residence of Ed Shallenberger, now deceased. The family wants to subdivide
the house from the farm now that they have a buyer for the house. It has its
own well with good quality water. It was approved by the Planning Commission
and all taxes are paid to date. There being no further discussion, Commissioner
Haverty made a motion, seconded by Commissioner Kreifels to authorize the Chairman to sign the subdivision
plat for Shallenberger Heights Subdivision located in
the SE ¼ SE ¼ 8-7-14 as requested by the Ed Shallenberger
family. Voting - Commissioners Schroder, aye; Kreifels, aye; Haverty, aye. Nay
– none. Motion carried. The public hearing was closed.
Schmitz said the reason he is seeking an Administrative Replat of Country Living Subdivision is to make changes to
the street names within the subdivision that will coincide with the County’s
911 addressing. There are no changes to any of the lots. He said the request
came from the landowners association. Mark & Catherine Tincher
signed off on the replat as the owners and
proprietors of the subdivision. If approved, Schmitz will file the replat in the
As Zoning Administrator, Schmitz said he received a request from Mike
Hays to build a $500,000 barn for camp ground development. He feels they should
have to pay a building permit fee of $2000 because the structure will possibly contain
restroom facilities with possible living facilities in the future. Even though
no interior design has been submitted where a building permit could be
assessed, he thinks the County should still charge them a building permit fee.
Today he is just making the Board aware of the situation and seeking their
opinion. Chris Koslosky pointed out that wash bays
and restrooms are not uncommon in a barn. Commissioner Haverty
noted that if the barn is going to require inspections for electric, plumbing,
and sewer then the builder should pay a fee. Schmitz said the site is located
on 48 acres at County Road C and 3. He said the owners intend to apply for a
Conditional Use Permit that would allow them to use the acreage as a private
campground.
Steffensmeier reported that he has been working with a FEMA field agent
for several weeks. They have covered all the roads and bridges west of Hwy 50.
So far, he has recorded 151 sites listing their GPS coordinates and damage
assessment. After checking with FEMA officials, Steffensmeier was told that it
was acceptable for the crew to start repairs before the County receives the
FEMA reports. He said the sooner the crew got started, the least costly the
projects will be. He noted that Oden (a steel/lumber
vendor) said the cost to build a bridge has already increased by 35% over last
year’s cost. So far, there are two bridges that will need replaced for sure –
the bridge South of Unadilla that was destroyed when a tree fell on it and
another one on Road 2. He also mentioned there was a 5-span bridge with old
trusses located on Road 24 that has a damaged center span causing the truss to
be out of plane. It also has bent and cracked members underneath reducing the
carrying capacity and making it subject to failure. He is aware that people
would like to have this bridge open, but that can’t happen knowing these unsafe
conditions.
Steffensmeier said he received a report from the NDOR listing 143
bridges in
Regarding the Steamboat Trace Trail, OPPD contacted Steffensmeier with
concerns for public safety when bikers and hikers have to travel down a portion
of the county road before entering the entrance of the trail. OPPD owns a triangular
piece of ground south of the existing parking lot. They are proposing to move
the parking area so that hikers and bikers won’t have to go on the road. OPPD
is willing to dedicate a piece of land for the parking area, but would like to
meet with the
Steffensmeier said that they are supposed to take a machine to Nebraska
Machinery this week for a rebuild while the operator is on vacation. The
rebuild includes a new engine, transmission, drive train, etc. and some other
repairs. Once complete the grader will have a 3 year 5000 hour warranty. The
total cost was bid at $84,000; however, if they find any unforeseen problems,
the mechanics will notify the County before making additional repairs that would
result in additional cost. Commissioner Kreifels
questioned where this expense was listed in the budget. Steffensmeier replied
it should be under repairs & labor, but there was not a sufficient amount
to cover this major repair and other repairs during the year. She asked if this
rebuild needs to be done this year since the County already is dealing with
budget constraints. Commissioner Haverty said it has
been County policy to replace at least 1 motor grader each year. Choosing to
spend money for a rebuild is cheaper than purchasing a new one. Commissioner Kreifels said she would like to hold off on the rebuild
until the budget is adopted. Ruth Dalton asked if they could do major repairs
now to keep it running, then minor repairs later. Chad Watkins, who operates
this machine, (a 1994 model) said he has had no problems with it. Steffensmeier
said he did not make this decision alone; Commissioners Haverty
and Schroder approved the rebuild in June. According
to the machine’s history, it needs repairs. He asked “What if it would lay down
this winter when the grader is needed for snow removal?” Commissioner Kreifels asked, “How much of the repair work could be done
in house? Is there some county worker qualified to do repairs?” Someone stated
that Matt Watkins was certified to work on machinery. Steffensmeier said the
foremen asked him to keep this machine; it is a good machine and they just need
to extend its life. Chad Watkins said it was given a
$114,500 trade in value a year ago. Ruth Dalton asked why the two Commissioners
approved the rebuild before the budget was finalized. Commissioner Kreifels made a motion to hold off rebuilding the motor
grader until such time they could see whether the repair would fit into the
budget. Motion died for lack of a second.
There was some commotion from the crowd and Chairman Haverty
said that this meeting must be kept under control. Discussion continued.
Someone asked how the bid was obtained. Steffensmeier said a Caterpillar
mechanic inspected the machine before Nebraska Machinery gave the quote for
repairs. A question was posed to Steffensmeier – “Did you ask Matt Watkins if
he could work on the machine?” Steffensmeier replied that Matt was not hired as
a mechanic, but as a bridge crew employee. He said the County does not have all
the tools needed to do the job.
Steffensmeier said they are having problems with the motor grader at
Otoe; it will be taken to Caterpillar tomorrow for repairs. He hopes to have it
totally rebuilt next year.
Steffensmeier said he is reviewing maps with the NDOR (NE Dept of Roads)
to clarify
Chris Koslosky asked how many budget workshops
are held every year. Commissioner Haverty said the
Board usually meets with the elected officials to discuss their estimated
budgets during this annual process. Law requires them to hold a public hearing
before adopting the budget, but very few people have ever attended.
Jerry and Leonard Martin asked what the County intends to do to provide
access to their farm ground located by the OPPD power plant? Steffensmeier said
he was told (by the contractor) that he would give access to the farmers when
they needed to get in. Jerry said the lakebed is soft and they can’t get in and
out; they will need access before harvest. Leonard said last year the County
rocked the road so they could get grain trucks in and out. Steffensmeier said
he spoke with Ron Marshall from OPPD who said they would honor an easement that
has been in place since the 1940’s. Steffensmeier said he would set up a meeting
with OPPD to include Commissioner Kreifels and the
Martins to discuss OPPD’s plan for guaranteed access.
Steffensmeier was told the contractors would be working on this project for
about a year.
Some other business matters were addressed.
The
Commissioner Haverty explained that when the
Land Reutilization Commission (LRC) finds a buyer for county property that is
no longer on the tax rolls due to unpaid taxes, a Commissioners Deed is issued
to the LRC so that they can sell the property to the interested buyer. There
being no further discussion, Commissioner Schroder
made a motion, seconded by Commissioner Kreifels to
authorize the Chairman to sign a Commissioners Deed conveying the following
described real estate to the Land Reutilization Commission: The W ½ of the S ½
of Lot 11, Block 35, Hail & Co. Addition to
Roy Schneider, Duff Nursing Home Administrator, came before the Board to
discuss fire code deficiencies listed in a Fire Marshal’s report last March.
The Fire Marshal said a care facility can no longer use extension cords or
re-locatable power strips in the residents’ rooms and must add electrical
outlets to accommodate the many electrical appliances. Schneider said when the
building was built, there was no need for multiple outlets; however, nowadays,
most residents furnish their rooms with TVs and other electrical appliances. He
said he obtained a 6-month waiver in March to allow him time to comply with the
code; the waiver ends in September. Schneider presented the Board with a bid
estimate of nearly $15,000 to add the outlets. He asked the Board if they
wanted to approve this initial proposal or if they wanted him to seek
additional bids. He said he could request another 6-month extension from the
Fire Marshal. Commissioner Schroder made a motion,
seconded by Commissioner Haverty to table acceptance
of the proposal presented; and to direct Mr. Schneider to seek clarification of
what is actually needed and to obtain additional bids. There being no further
discussion, Chairman Haverty called for a vote – Commissioners
voting aye: Schroder, Kreifels,
Haverty. Nay – none. Motion carried.
In accordance with State Statutes 77-3442 and 77-3443, it is the
At the previous Commissioners meeting, Monica Welsh and Kevin Turner
came before the Board to request that a Keno issue be placed on the General
Election ballot. The Board agreed this might be a good source of revenue for
the County and the
Jackie Smith,
There was some discussion regarding the placement of an issue on the
General Election ballot that would allow the
Chris & Mike Koslosky came before the
Board to ask for a 90 day freeze on the decision to layoff seven road &
bridge employees effective September 1, 2008. They asked that the Board take
more time to make an in depth review of the budget before finalizing this
decision. She said they found donors who would contribute $26,250 to the
County, an amount that should cover the payroll of these employees for one
month. This extension will give everyone more time to work together to come up
with creative solutions to the County’s budgetary problems.
By September 1st of any given year, elected officials and
department heads are required to submit Inventory Statements to the
George Forst, Vice President of Local 251,
said he was on the agenda to represent the Otoe County road employees, but was
going to yield his time to Kevin Brown, President of the Public Employees Union
and possible other union members.
Brown said he has met with each Commissioner individually since the
announcement on August 12, 2008, that
George Forst addressed the Board. He said he
can’t find cost analysis forms for the budget request worksheets. He has talked
to each Commissioner to resolve this issue, but only one of them wants to reconsider
and see more information. He claimed he did not get a final revenue report from
the
John Bebout, Union steward and road employee, asked
Commissioner Kreifels to review copies of
calculations and verify which ones were shown to her at the August 12th
meeting. She could verify one for sure, but was not certain about the rest. She
definitely said she was shown more than one page.
George Forst said this whole process has been
strenuous and adversarial at times. Commissioner Schroder
should be recognized for his many years of public service. The Union and
Ruth Dalton asked how the fuel bid was figured in the budget; does it
net down to off road price without taxes? Commissioner Haverty
replied that the Hwy Supt gets bids monthly. A bid request is sent to four or
five vendors; typically only two of them bid. Since the County has small
storage capacity, some vendors choose not to bid. Ruth - Was the taxes taken
off the cost for the year when calculating the cost for rock hauling?
Commissioner Haverty said the cost per gallon was
based on the July 2008 bid; he said the County gets reimbursed for federal tax and
it was taken off the budget figures.
Kevin Brown – The calculation sheet shows $4.25 per gallon bid for fuel
cost in July. He questioned using the highest cost for employees and an average
cost for contractors; this is not a correct comparison.
Mike Koslosky – He said he is a business man
who understands that budgets are only estimations and are fluid. Common business
practice is to spend heavy on the front end; then save on the back end if
needed. He asked the Board members to explore all avenues before taking away a
man’s livelihood.
Commissioner Haverty replied there is no
vendetta.
Commissioner Kreifels
then made a motion to rescind the layoff of the seven county road workers that
is to go into effect on September 1, 2008 until further discussion with the
Many people from the audience were not pleased when the motion died and
left the courtroom.
Mike Holland, Deputy County Sheriff, explained the contents of an
Equitable Sharing Agreement and Certification that must be signed and returned
to the Dept of Justice in order for the County to get reimbursed for a portion
of money that may be confiscated (typically in a drug bust) and sent in to the Federal
Government. So far this year the Sheriff’s Dept has been involved in two
seizures amounting to $5,000. By signing and returning this form, the County
will be able to recover 80% of the money and the Federal Government will retain
20%. The money must be used for law enforcement endeavors. He said he must include
a copy of the Sheriff’s budget and the
At 11:18 a.m. Commissioner Schroder made a
motion, seconded by Commissioner Haverty to go into
executive session at the request of
At 11:41 a.m. Commissioner Schroder made a
motion, seconded by Commissioner Haverty to go back
into regular session. Voting – Commissioners Kreifels,
aye; Haverty, aye; Schroder,
aye. Nay – none. Motion carried. No action taken while in executive session.
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 Schroder made a motion, seconded by Commissioner Kreifels to adjourn the meeting, until the next one, which
will be on September 9, 2008. Voting – Commissioners
Haverty, aye; Schroder,
aye; Kreifels, aye. Nay – none. Motion carried.
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 26th day of August 2008.
Janene Bennett
Otoe