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 o’clock a.m. on September 25, 2007, in the County Courtroom (108) of the Otoe County Courthouse.  The meeting 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 OF THE NEXT MEETING                                          SEPTEMBER 25, 2007

        

         8:30 a.m. -- Open Meeting; call roll; accept agenda; accept minutes from  

                                previous meetings; audit and sign payroll claims and regular claims

                

         8:45 a.m. – Dave Schmitz, Zoning Administrator

Public Hearing: Davis Creek Subdivision located in SE ¼ 11-8-11 requested by Steve & Joyce Davis

            Public Hearing: Proposed amendments to Otoe County Zoning Regulations regarding

1)      Definition of Existing Farmstead; 2) Reduction of offsets on existing farmsteads;

2)      Reduction of offsets on lots smaller than 1 acre located in multiple lot subdivisions;

3)      Requirement of certificate of zoning compliance for non-residential farm buildings

 

         9:00 a.m.  Rick Sedersten: Discussion and/or action RE: Replacement of County Car

                      

         9:05 a.m. -- Discussion and/or action regarding other road and bridge matters

              a) Resolution indicating interest in High Risk Rural Road Funding for installation of Horizontal Curves Signs

              b) Miscellaneous

                

       10:00 a.m. – Public Hearing: To issue Industrial Development Revenue Bonds for the Diversified Foods &                 Seasonings project not to exceed $6,000,000

                       

       10:15 a.m. – Presentation of defibrillator to be placed in the Courthouse

 

       10:20 a.m. – Discussion and/or action to lease office space for the Veterans Service Officer

 

       10:30 a.m. – Jim Johnston, NCTC: Discussion and/or action RE: Home for the Holidays promotion and

                             An “Open House” for the newly renovated Courthouse

 

       11:00 a.m. – Extension Office quarterly report

                     

        Other business matters to address when time allows:

Therese Trombino, Dept Co Assessor: Discussion and/or action to purchase data information from GIS Workshop; Additional links to the Assessor’s website; Tax list corrections

                    Jackie Smith, Co Treasurer: Discussion and/or action RE: Tax refund(s); Pledged Security(s);

                       Report of Distress Warrants issued for unpaid 2006 taxes

                    Marv Pesek, GA Administrator: Discussion General Assistance Applications/Cases (Executive Session)

                    Miscellaneous Correspondence and other matters that may come before the Board

.                                                                                                                                              

Immediately following adjournment from regular session, the County Board of Commissioners will convene as the Board of Equalization to discuss and/or take action RE: Board notices for changes in valuation

 

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.        

 

 

SEPTEMBER 25, 2007

 

The Otoe County Board of Commissioners convened in regular session at 8:30 a.m. on September 25, 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. 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 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 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.

 

A public hearing was held regarding a Preliminary Plat for Davis Creek Subdivision, a 134.47 acre plot located in the SE ¼ S11-T8-R11 owned by Steve and Joyce Davis. Dave Schmitz, Zoning Administrator, said he made a list of 14 issues that need to be addressed before he or the Planning Commission would approve the design for Davis Creek Subdivision. In order to meet the County’s zoning requirements, the developer needs to increase the width of the roadways, adjust the frontage setbacks, add easements along 34th Rd, and revise the names of the roads within the subdivision. There were concerns for proper water drainage; part of the western half is located in a flood plain area. The Planning Commission also wanted more information regarding water availability, fire protection, and septic system placements. The Planning Commission did not require paved streets due to the size of the lots. However, Chairman Schroder suggested that due to increased traffic on 34th Road, the County may require a paved or asphalted street from Highway 2 to the north street of the proposed subdivision. Schmitz said the developer and engineer plan to bring a revised plat map to the October meeting of the Planning Commission. Several neighboring landowners were in attendance including Jim Engelkemeier, Kenny Lamb, Gary Royal, and Bob Bridges.  

 

A public hearing was held to hear support or objections to four proposed amendments to the Otoe County Zoning Regulations as prescribed by the County Attorney and approved by the Otoe County Planning Commission.  Amendment 2007-1: Defining an “Existing Farmstead” in Article 3 – Rules and Definitions – 303.45A FARMSTEAD, EXISTING: “Structures, buildings and principal dwellings or residence, all existing prior to the New Comprehensive Plan adopted on April 9, 2002, and used as service areas for a Farm.” Amendment 2007-2: Changing minimum setback requirements in Article 5, General Agriculture District 501.09, Subsection 2 & 3; Transitional Agriculture District 502.09, Subsection 2 & 3; Surface Water Protection District 503.09, Subsection 2 & 3 – “If a new subdivision line DIVIDES an existing farmstead (See definition: FARMSTEAD, EXISTING), then the required side and rear setbacks shall be thirty (30) feet on the agricultural side and twenty (20) feet on the acreage side.” Amendment 2007-3: Changing setback requirements in Article 5, Transitional Agriculture District 502-09, Subsection 1 and Surface Water Protection District 503.09, Subsection 1 – “For lots located in multiple lot subdivisions only created after the adoption of Resolution No. 2007-, the front setback shall be thirty (30) feet from any right-of-way.” Amendment 2007-4: Addition to Section 804, Zoning Permits Required – “Non-residential farm buildings shall require a certificate of zoning compliance.” Commissioner Haverty made a motion, seconded by Commissioner Schroder to approve proposed amendments 2007-1 through 2007-4 to the Official Book of Otoe County Zoning Regulations as recommended by the Otoe County Planning Commission. Voting – Commissioners Schroder, aye; Thummel, aye; Haverty, aye. Motion carried.

 

Rick Sedersten, Courthouse Custodian, said repairs to the 1997 Crown Vic that was being driven by county employees when performing county business are too costly to fix. He said he has parked the vehicle in the yard at the Nebraska City Road Shop. If the Board declares it as surplus, it can be sold or disposed of. He said when the Sheriff purchases a new patrol vehicle, there will be a Crown Vic available for the county employees to drive, but that won’t be for at least 2 months.

 

Glen Steffensmeier, Highway Superintendent, and Road and Bridge Foremen, Wally Pohlman, Rich Kuenning and Lynn Denniston came before the Board to discuss road and bridge matters.

 

Steffensmeier recently received notice that counties in Nebraska are eligible for High Risk Rural Road Funding that can be used to purchase and install Horizontal Curve Warning Signage on county roads in Nebraska. In order to participate, the County Board must sign a resolution indicating its interest in the program and draw up a map or list of locations indicating what type of signs are needed and where they will be placed. Requests for participation in the project must be submitted by October 5th. Commissioner Thummel made a motion, seconded by Commissioner Haverty to authorize Chairman Schroder to sign the resolution indicating Otoe County’s interest in participating in the Highway Safety Improvement Program HRRR-STWD(79) at no cost to the County. Voting – Commissioners Thummel, aye; Haverty, aye; Schroder, aye. Motion carried. Steffensmeier said he and the road crew will have 18 months to install the signs after they are received.

 

Steffensmeier obtained quotes from three local vendors for the purchase of a six foot no till grass seeder. Stutheit Implement - $13,334 Truax Model; Burr Farms - $10,950 Kasco Model and Keim Implement - $12,700 Great Plains Model. Commissioner Haverty made a motion, seconded by Commissioner Thummel to authorize Steffensmeier to compare the information on each seeder and to purchase the seeder that best suits the needs of the County. Voting – Commissioners Haverty, aye; Schroder, aye; Thummel, aye. Motion carried.

 

Steffensmeier reported that he hired Harry Wieckhorst for the truck driving position. He said Wieckhorst had the most experience in driving a truck and pup; he had an excellent driving record and up-to-date physical card.

 

Foreman Denniston said new planks were delivered for the Otoe Bridge. He plans to start laying the planks right away and hopes to have the project finished by Friday.

 

Therese Trombino, Deputy County Assessor, said the Land Reutilization Commission has requested permission to link their website to the Otoe County Assessor’s website. For the past several years, the County has contracted with the LRC to sell county property that was acquired through tax foreclosures. Commissioner Haverty made a motion, seconded by Commissioner Thummel to allow the Land Reutilization Commission to have a link from the Assessor’s website to theirs. Voting -- Commissioners Schroder, aye; Thummel, aye; Haverty, aye. Motion carried.

 

Ms. Trombino said the Assessor receives many requests from title companies who want to buy parcel information. By statute, the Assessor can charge a flat fee or set a price by the parcel. She said inquirers would have to make their request through the Assessor’s office; then she will notify GIS Workshop to compile the information. The fee collected will be paid to GIS Workshop. Commissioner Haverty made a motion, seconded by Commissioner Thummel to grant the Assessor permission to sell the information and to set the fee at $2,500 per client. Voting – Commissioners Thummel, aye; Haverty, aye; Schroder, aye. Motion carried.

 

Ms. Trombino presented one tax list correction for approval: Deborah D Fox - deduct $200.22 – corrected property card error. Commissioner Haverty made a motion, seconded by Commissioner Thummel to approve the tax list correction as presented above. Voting – Commissioners Haverty, aye; Schroder, aye; Thummel, aye. Motion carried.

 

At 10:00 a.m. a public hearing was held regarding the proposed issuance in one or more series of the County, Nebraska Industrial Development Revenue Bonds for Diversified Foods and Seasonings Inc in the principal amount not to exceed $6,000,000. The proceeds would be used for acquisition, construction, renovation, equipping and improving the former Bagelicious facility where Diversified Foods and Seasonings will manufacture food products. Ronald Wendel, representing Diversified Foods, and Pat Haverty, Executive Director of RCEDC, spoke in favor of the financing mechanism. Andrew Romshek was present as the tax counsel. Commissioner Dale Haverty noted that the address of Diversified Foods and Seasonings was changed by the City last week, from One Bagel Drive to 1320 S 19th St. Commissioner Haverty made a motion, seconded by Commissioner Thummel to sign and approve the Resolution authorizing the sale and issuance of Industrial Development Bonds in an amount not to exceed $6,000,000 contingent upon the changing of the address of Diversified Foods to 1320 S 19th Street, formerly known as One Bagel Drive and to sign all other relative documents. Voting -- Commissioners Schroder, aye; Thummel, aye; Haverty, aye. Motion carried.

 

Jackie Smith, County Treasurer, requested the following changes to pledged securities: Release pledged securities with Otoe County Bank, Nebraska City, in the aggregate amount of $615,000.00; Deposit a pledged security with Farmers Bank, Nebraska City, in the amount of $500,000.00. Commissioner Haverty made a motion, seconded by Commissioner Thummel to adopt Resolutions 2007-31 and 2007-32 approving said transactions. Voting – Commissioners Thummel, aye; Haverty, aye; Schroder, aye. Motion carried.

 

As per State Statute, the County Treasurer shall make an itemized report to the County Board, listing the amount of uncollected personal property taxes as shown by the Distress Warrants that were returned as unsatisfied by the Sheriff’s Office. There is a total of $18,151.74 unpaid taxes. Ms. Smith encouraged the Board to contact the County Attorney and County Sheriff to institute civil action against those individuals who owe over $1000 in back taxes.

 

Marv Pesek had no General Assistance cases/applications to discuss at this time.

 

On behalf of the Nebraska City Community Foundation, Scott Vanderveen presented the County with a new defibrillator to be placed in the Courthouse for emergency use. In 2004, the Vincent and Marie Kreifels Family offered to pay one-half of the cost to equip all the Sheriff Patrol Vehicles with defibrillators if the community would raise the other half. Over $30,000 was raised which was more than enough to provide defibrillators for the vehicles. The remaining money has been used to provide defibrillators for all the schools and Rescue Squads in Nebraska City and Talmage and now the Courthouse. The Kreifels Family and Wirth Foundation were the major contributors toward this project.

 

There was some discussion on whether the Veterans Service Office should be relocated to the Nebraska City Family Center when it is completed next spring.  Marv Pesek, the Veterans Service Officer, said he did not think the move would cause a hardship to the veterans and it would work well with his General Assistance clientele. The question is – can the space be utilized to offset the cost of paying rent? Commissioner Haverty said he sent an inquiry to all the elected officials asking for their input as to how the vacated room could be utilized. The general consensus was that the room should be used as a commissioners meeting room and as an area where historical pictures and artifacts could be displayed. Janis Riege, speaking as a taxpayer, said that she didn’t think it was necessary to pay out $4,000 to $5,000 annual rent and relocate the Veterans Service Office just to have a museum in the courthouse. Jackie Smith, County Treasurer, said if the museum idea is in conjunction with using the space as a Commissioners meeting room, she did not object. It would be a benefit to the people if social type services were in one location. Commissioner Thummel made a motion, seconded by Commissioner Schroder to authorize Chairman Schroder to sign a lease agreement with the Nebraska City Center for Children & Families, accepting the terms and conditions for leasing office space for the Veterans Service Officer. Voting – Commissioners Thummel, aye; Haverty, abstain; Schroder, aye. Motion carried.

 

Jim Johnston, Director of the Nebraska City Tourism Committee, came before the Board to discuss the possibility of incorporating the “Home for the Holidays” kickoff campaign with an Open House for the newly renovated Courthouse. Because of its historic nature and central location, he requested permission to place a decorated Christmas tree on the Courthouse lawn. On November 29th, Santa will arrive in town to light the tree at 5:30 p.m. He thought this would be a great opportunity to conduct an Open House for the Courthouse at the same time. NCTC would put together a program and make the Open House a part of their festivities. They would like to have merchants offer food and wine tasting of locally grown/manufactured products to promote the “Holiday Taste of Nebraska City”. Chairman Schroder said he wasn’t sure if the wine tasting should take place in the Courthouse, but was receptive to the Open House promotion. He suggested that the elected officials meet together and decide at what time the Courthouse should be open for tours and work out any other details with Mr. Johnston.

 

Steve Zimmers, Extension Educator, gave his quarterly report of its activities. He said Extension Educator, Sarah Purcell, is working with the Washington Focus Group preparing them for their trip to Washington D.C next spring. Currently, Zimmers is busy helping with the 4-H animal show at Aksarben. This winter, he will be offering pesticide training for 225-250 people who need to be recertified this year. Tomorrow, he will be conducting a GEO caching program for the Teammates organization. He announced that the week of October 17th is National 4-H week.

 

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 October 9th, 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 25th day of September 2007.

 

 

 

 

Janene Bennett

Otoe County Clerk