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 September 11, 2007, 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 September 11, 2007

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

meeting, Audit and Sign payroll and regular claims

8:45 a.m. – Dave Schmitz: Discussion and/or action RE: D & E Wellman Subdivision located in part

Of the SE ¼ SW ¼ and part of the SW ¼ of the SE ¼ 26-7-10

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

a) Open Bids: Truck and Pup

b) Discussion and/or action RE: Need to purchase bridge/road signs

c) Miscellaneous

10:00 a.m. – Sandy Morrissey, Director of the Region V Prevention Coalition: Annual Report

10:15 a.m. – Scott Bovick, NC City Administrator: Discussion and/or action RE: A response to

NDOR’s proposal for redesigning the Intersection of Highways 75 and 2 south of Nebraska City

10:30 a.m. – Discussion and/or action RE: Leasing office space for the Veterans Service Officer and

Department of Health & Human Services at the Center for Children and Families

10:45 a.m. – Budget Hearing: Discussion and/or action to adopt the County’s budget for Fiscal Year 07-08

11:00 a.m. – Public Hearing: Discussion and/or action to set the final property tax request at a different rate

than the previous year

11:05 a.m. – Discussion and/or action RE: Annual Road Report

Other business matters to address when time allows:

Therese Trombino, Deputy County Assessor: Discussion and/or action RE: Tax list correction(s)

Marv Pesek, GA Administrator: Discussion and/or action RE: General Assistance Applications/Cases

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 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.

SEPTEMBER 11, 2007

The Otoe County Board of Commissioners convened in regular session at 8:30 a.m. on September 11, 2007 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 moved to the Multi-Purpose Room of the Courthouse due to a jury trial being held in the County Courtroom.

The meeting was called to order by the Chairman of the Board Joy W Schroder. Answering present at roll call were Commissioner Schroder, Commissioner Thummel and Commissioner Haverty. None absent.

Commissioner Haverty made a motion, seconded by Commissioner Thummel to accept the agenda as posted. Voting -- Commissioners Schroder, aye; Thummel, aye; Haverty, aye. Motion carried.

Commissioner Haverty made a motion, seconded by Commissioner Thummel to accept the minutes from the previous meeting as mailed to them and not have them read. Voting – Commissioners Thummel, aye; Haverty, aye; Schroder, aye. Motion carried.

Commissioner Haverty made a motion, seconded by Commissioner Thummel to audit and sign payroll claims and regular claims as presented, unless otherwise noted. Voting – Commissioners Haverty, aye; Schroder, aye; Thummel, aye. Motion carried.

Chairman Schroder informed the pubic 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 while present in the meeting room.

In the absence of Dave Schmitz, Glen Steffensmeier, County Highway Superintendent, presented the plat map for D & E Wellman Subdivision located in part of the SE ¼ SW ¼ and part of the SW ¼ S26-T7-R10. He said the plat was tabled at the previous meeting because the taxes were not paid in full. The Treasurer has now certified that the taxes have been paid for 2006. Commissioner Haverty made a motion, seconded by Commissioner Thummel to authorize the Chairman to sign and approve. Voting -- Commissioners Schroder, aye; Thummel, aye; Haverty, aye. Motion carried.

The Road and Bridge Foremen joined Steffensmeier to discuss road and bridge matters with the County Board.

Bids were opened for the purchase of a dump truck and pup trailer. The following three vendors submitted proposals:

Vendor Year/Make Bid w/Trade-in Delivery

Wise Mack Inc, Omaha ………… 2007 Wise Mack CV713…….$100,536 ………………60 days

NE Truck & Equip, Lincoln ……...2008 Wise Mack CHU613….$ 97,923 ……………….90 days

NE Truck & Equip, Lincoln ………2008 Wise Mack CHU613….$101,816 ……………….90 days

Cornhusker Internat’l, Lincoln……2008 International 7600…… $102,414.68………..45-60 days

Salesmen were present from each company. Steffensmeier asked that he have time to review the bids with each salesman and return later with a recommendation.

Steffensmeier said he had to order several signs and posts to replace signs that have disappeared or have been mutilated. The cost was estimated at $8,000.

Steffensmeier will be interviewing six applicants for the road crew position that is open in the Nebraska City area. He also advertised for a position on the bridge crew.

Foreman Pohlman said calcium chloride will be applied on roadways passing by DeBruce Grain, Pumpkin Ridge, and Kimmel Orchard in an effort to control the dust. He said it will be done one day this week before the busy Applejack weekend.

Therese Trombino, Deputy County Assessor, presented one tax list correction: Doris Latrom Trust – add $489.04 – State of Nebraska denied her Homestead Exemption for 2006. Commissioner Haverty made a motion, seconded by Commissioner Thummel to approve the tax list correction as presented. Voting – Commissioners Thummel, aye; Haverty, aye; Schroder, aye. Motion carried.

At 9:25 a.m. Commissioner Haverty made a motion, seconded by Commissioner Thummel to go into executive session to discuss a general assistance application with the GA Administrator, Marv Pesek. Voting – Commissioners Haverty, aye; Schroder, aye; Thummel, aye. Motion carried.

At 9:34 a.m. Commissioner Haverty made a motion, seconded by Commissioner Thummel to go back into regular session. Voting -- Commissioners Schroder, aye; Thummel, aye; Haverty, aye. Motion carried. No action was taken in executive session.

Sandy Morrissey, Director of the Region V Prevention Center, came before the Board to give her annual report. She said the Southeast Nebraska Methamphetamine and Other Drug Advisory Board was formed in November of 2004 after Governor Johannes requested the creation of task forces to address meth issues in the communities of Nebraska. In the past, federal dollars for prevention have historically gone to providers. But as the coalitions have been formed, the coalitions are being asked to determine where the money is needed and how it can be spent in communities. Their first goal is to make the public aware how great the meth problem is and how costly it is to our communities. The second goal is to develop a partnership with legislators in developing policy that will enforce the elimination of methamphetamine from Nebraska.

Scott Bovick, City Administrator for Nebraska City, came before the Board to discuss a response to the Nebraska Dept of Road’s proposal for the overpass project at the southeast intersection of Hwy 2 & 75. Giving a brief history, Bovick said in the summer of 2005, the County Board and City Council sent a joint letter to the NDOR with suggestions to modify their proposed plan. In October of 2005, a public meeting was held with the NDOR, County and City Officials and affected land owners. In May of 2006, the NDOR sent a letter listing three modifications being offered. It also mentioned that the project was going to be delayed until 2011-2012 due to funding constraints. The NDOR is now requesting an official response to the three proposed modifications offered in May of 2006. So Mr. Bovick prepared a written response on behalf of the City and the County and presented it today for County Board approval. 1) The NDOR stated they will “build and pave a roadway around the southeast side of the Outlet Mall and hook it up to the existing county road system”. Response – the County and City agree the frontage road should be built, but want to confirm that the NDOR will cover the total cost. 2) The NDOR proposes to “Build an aggregate surfaced roadway from County Road 63 to Highway 75 in the southwest quadrant”. Response - the County and City agree to a rocked surface since the area is primarily used for agricultural and residential traffic. 3) The NDOR will “provide aggregate surfacing on the roadway to be built by the developer (Grundman Boulevard) in the northwest quadrant”. Response – the City and County feels the roadway should be paved since they anticipate a substantial amount of traffic will use that roadway. Bovick stressed that if these modifications are made a part of the project cost, the NDOR will pay for them. Commissioner Haverty made a motion, seconded by Commissioner Thummel to approve the responses as presented and to authorize the Chairman to sign the letter when the final is drafted. Voting -- Commissioners Schroder, aye; Thummel, aye; Haverty, aye. Motion carried.

Highway Supt Steffensmeier returned to the meeting with his analysis of the three bids submitted for purchasing a truck and pup trailer. He said all three bids were very close. He liked the Wise Mack CH series that included air ride and larger engines. Nebraska Truck & Equipment offered the lowest priced truck, but it does not include all Mack components; the transmission and rear end are another brand but very reputable. As far as the option to add aluminum wheels for an additional $1,431 – they may handle hauling a little more rock per load, but would get beat up on rocked roads. Therefore, he recommended purchasing the 2008 Wise Mack truck (without all Mack components) from Nebraska Truck & Equipment and no aluminum wheels. Commissioner Haverty made a motion, seconded by Commissioner Thummel to award the bid to Nebraska Truck & Equipment to purchase a 2008 Wise Mack truck and pup trailer for the quoted price of $97,923. Voting – Commissioners Thummel, aye; Haverty, aye; Schroder, aye. Motion carried.

Two separate lease agreements were discussed regarding office space for the Veterans Service Office and the Department of Health and Human Services. As the Director of the Nebraska City Center for Children and Families, Commissioner Dale Haverty reviewed the common terms of the leases. Both agencies would be leasing space at the Center when renovation is complete which should be next March or April. The leases are for a term of 10 years with the right to renew for 3 consecutive 10 year periods; however tenants may terminate the lease 30 days before expiration of an existing term or at any time during the lease period with a 30 day notice indicating intention to terminate the lease. The cost is based on the amount of square footage of space that will be utilized by each agency; common space and operational services will be shared by all tenants. The square footage of the office space plus the common space charged to Otoe County totals 3,148 square feet at a cost of $8.00 per sq ft for a total annual rental of $25,184. Commissioner Thummel made a motion, seconded by Commissioner Schroder to sign the lease agreement between the Family Center and Otoe County, accepting the terms and conditions for leasing office space for the Dept of Health and Human Services. Voting - Commissioner Haverty, abstain (due to a conflict of interest); Commissioners Thummel, aye; Schroder, aye. Motion carried.

A second lease was reviewed regarding office space for the Veterans Service Officer. The square footage of office space and the common space charged to the County totals 506 sq ft at a cost of $8.00 per sq ft for a total annual rental of $4,048. This does not include the fee for operational services. Marv Pesek, Veterans Service Officer, said a letter of intent to lease office space was signed over a year ago. He thought the older veterans may be affected by the move because they do not like change and the Courthouse is more centrally located; however, younger veterans are more mobile. He noted there would be some inconveniences by not being located in the Courthouse. Discharge forms are required to be filed in the County Clerk’s Office and certified copies must be issued from the County Clerk. So he will have to make occasional trips to the Courthouse to file paperwork and veterans may be sent to the Courthouse to obtain certified copies. On the other hand, performing his duties as the General Assistance Administrator will be easier and more convenient to his clientele by being in the same building as other family services. The bottom line is – Does the County need the space that will become available if his office relocates? Chairman Schroder asked the County Clerk to meet with other officials to discuss possibilities on how the space could be utilized. Commissioner Schroder made a motion, seconded by Commissioner Thummel to table any action on the lease agreement involving office space for the Veterans Service Office until a space study is done. Voting – Commissioner Haverty, abstain; Commissioners Schroder, aye; Thummel, aye. Motion carried.

As advertised, a Public Hearing was conducted to hear support, opposition, criticism, suggestions or observations relating to the County’s proposed budget for FY07-08. County Clerk, Janene Bennett, explained that the County’s overall valuation increased by $94,000,000 with $40,328,812 of that amount attributed to growth, creating an additional 1% allowable increase beyond the 2.5% base increase of restricted funds. The County was able to keep within the levy and expenditure lid limits without making any cuts in the budget requests. Due to substantial increases in fixed expenditures, such as insurance, utilities, and fuel plus increased wages for its employees, the tax request will increase by $430,000 and the levy will increase from 34.78 to 35.61 cents per $100 of valuation. By purchasing major items and capital expenditures with inheritance tax funds, the Board is able to minimize the amount of property taxes needed. As allowed by law, the County Board may vote to increase the restricted funds limit another 1% to create a greater balance in the unused restricted funds authority which will be beneficial to next year’s budget. Commissioner Haverty made a motion, seconded by Commissioner Thummel to pass Resolution 2007-26, approving an additional 1% increase of the 2007-2008 Restricted Funds limit. Voting – Commissioners Thummel, aye; Haverty, aye; Schroder, aye. Motion carried. Subsequently, Commissioner Haverty made a motion, seconded by Commissioner Thummel to sign Resolution 2007-27 adopting the 2007-2008 Budget for Otoe County as it was presented and published in the Budget Hearing Notice and Summary. Voting--Commissioners Haverty, aye; Schroder, aye; Thummel, aye. Motion carried. All information relating to the budget is on file for public inspection at the Office of the County Clerk during regular business hours.

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 County Clerk, the property tax request for FY06-07 was $4,005,748.42; the County’s valuation was $1,151,575,121 resulting in a tax rate of .347850. For FY07-08, the property tax request is $4,436,127.10 with a valuation of $1,245,538,824 resulting in a tax rate of .356161. If the tax request would have remained the same as last year, the levy would have been .321608. Commissioner Haverty made a motion, seconded by Commissioner Thummel to adopt Resolution 2007-28 setting the FY07-08 property tax request for Otoe County at $4,436,127.10. Voting -- Commissioners Schroder, aye; Thummel, aye; Haverty, aye. Motion carried.

Highway Supt Steffensmeier presented a copy of the annual Year End Road Report that is required to be sent to the Nebraska Board of Public Roads Classifications and Standards for approval. This report includes a complete listing of the year’s expenditures and revenues, projected projects and costs, and a detailed inventory of the County’s equipment, machinery and materials on hand. It gives a breakdown of money spent on each vehicle and piece of machinery. In addition, the County must certify that all the road and bridge projects have met state standards and all revenues have been spent in accordance with the State Board’s rules and regulations. Commissioner Haverty made a motion, seconded by Commissioner Thummel to approve said report and authorize Chairman Schroder to sign the required documents. Voting – Commissioners Thummel, aye; Haverty, aye; Schroder, aye. Motion carried.

Jim Gress, County Sheriff, requested permission to advertise for the purchase of two patrol vehicles. He would like to purchase a new Crown Vic and a 4 wheel drive pickup. The patrol car will replace a 2001 Crown Vic that has over 140,000 miles on it. The specs will include two options – one to purchase the vehicles outright and a second option to purchase with a trade-in. If the trade-in value is low, the County could keep the old Crown Vic for employees to use when traveling to meetings or other county functions. Gress said he likes to have pickups for use on rural roads and during bad weather; they usually bring a better trade in value. However, the Crown Vic gets better gas mileage, has quicker acceleration and costs less. Commissioner Haverty made a motion, seconded by Commissioner Thummel to grant Sheriff Gress permission to advertise for bids for two patrol vehicles as described above. Voting -- Commissioners Schroder, aye; Thummel, aye; Haverty, aye. Motion carried.

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 Haverty made a motion, seconded by Commissioner Thummel to declare this meeting adjourned, until the next one, which will be on September 25, 2007. Voting – Commissioners Thummel, aye; Haverty, 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 11^th day of September 2007.

Janene Bennett

Otoe County Clerk