NOTICE OF MEETING

Otoe County Courthouse

Nebraska City NE  68410

 

NOTICE IS HEREBY GIVEN that the Otoe County Board of Equalization will convene at 8:05 a.m. and the Otoe County Board of Commissioners will meet in regular session at 8:30 a.m. on October 14, 2008, in the County Courtroom (108) of the Otoe County Courthouse.  The meetings 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 for the Board of Equalization – October 14, 2008

         8:05 a.m. – Open meeting; Roll call; Accept agenda; Approve minutes from previous meeting

                           Therese Trombino, County Assessor – Discussion and/or action RE: Tax list corrections

         8:10 a.m. – Set levies for the political subdivisions of Otoe County

         8:15 a.m. - Public hearing: Midwest machine – to hear testimony regarding the protest of a penalty

                            imposed for failure to file a personal property tax return with the County Assessor for

                             Tax Year 2008                                          

 

Agenda for the regular meeting of the Otoe County Board of Commissioners – October 14, 2008

         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. – Rick Sedersten, Courthouse Custodian: Discussion and/or action RE: Quotes for tuck pointing

                                and/or other repairs to the exterior of the Courthouse

        

         9:00 a.m.  – Glen Steffensmeier, Highway Supt: Discussion and/or action regarding road and bridge matters

a)      Update of FEMA report; Discussion and/or action to appoint a representative who will

be authorized to sign FEMA documents

b)      Discussion and/or action to approve Annual Road Report for FY08

c)      Discussion and/or action to approve Inventory Statements from Road Dept

d)      Discussion and/or action to vacate a portion of 72nd Rd

e)      Discussion and/or action RE: Proposed Interlocal Agreement for the Paving of Walnut

    Street outside the corporate limits of Syracuse

f)        Discussion and/or action RE: Rehiring Lynn Denniston with the Otoe County Rd Dept

g)      Miscellaneous

        

        10:00 a.m. – Discussion and/or action to approve an application being made by Jeff Porter to be the

                                     Manager of Arbor Links Golf Course

 

        10:15 a.m. – Pat Haverty, Executive Director for RCEDC: Quarterly report

       

        10:30 a.m. – Roy Schneider, Administrator for Duff Nursing Home: Discussion and/or action RE: Electrical

                                      needs to meet the State fire code

                               

      Other business matters to address when time allows:

                               Jackie Smith, County Treasurer: Discussion and/or action RE: Pledged security(s) and

                                           Tax refund(s)

                               Discussion and/or action RE: Invitation to comment on historic properties affected by

                                            Proposed Alltel Communications Tower near 1268 S 6th Road

                               Presentation of plaque to Emergency Management Director, Gregg Goebel

                              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 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.       

 

 

October 14, 2008

 

The Otoe County Board of Commissioners convened in regular session at 8:30 a.m. on October 14, 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 the County Clerk’s Office and on the County website. 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, 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 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 Schroder made a motion, seconded by Commissioner Kreifels to accept the agenda as posted. There being no discussion, Chairman Haverty called for a vote by roll call. Voting aye were Commissioners Haverty, Kreifels, and Schroder, aye. 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 by roll call. Voting aye were Commissioners Kreifels, Schroder, and Haverty, 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. There being no further discussion, Chairman Haverty called for a vote by roll call. Voting aye were Commissioners Schroder, Haverty, and Kreifels. Nay – none. Motion carried.

 

Miscellaneous correspondence was read.

 

A letter was received from the Jail Standards Division of the Nebraska Commission on Law Enforcement and Criminal Justice notifying the County Board that the annual evaluation of the Otoe County Jail facility was conducted on September 3, 2008. The facility was determined to be in full compliance with the Standards.

 

Southeast Community College notified the Board that they have completed their annual financial report which may be presented in person by a SCC representative or submitted in writing. Board members agreed to accept a written report.

 

Lower Platte South Natural Resources District approved its Long Range Implementation Plan for fiscal years 2009 through 2013. A copy may be obtained by requesting a CD or downloading it from their website.

 

Environmental Resources Management sent an invitation to comment on historic properties that may be impacted by a proposed Alltel Communications Tower near 1268 S 6th Road in Otoe County. Commissioner Haverty noted that this is a standard procedure conducted in accordance with the National Historic Preservation Act. Commissioner Schroder said the Salon Cemetery is about 2 miles west of the tower site and the only property that may be considered “historic”; however, he felt it would not be impacted by the construction of a tower.

 

Rick Sedersten, Courthouse Custodian, said there has been leakage on the inside basement walls of the Courthouse due to cracks in the foundation and open window wells. He obtained two proposals from contractors who would block the old windows on the north and south sides of the courthouse and seal the cracks; then fill and compact the window wells with dirt. The window wells are approximately 4 feet deep and 20 feet long. They tend to collect leaves and other debris; there are no railings surrounding part of the area, creating a security issue and safety hazard. National Seal Coat & Striping Inc, Nebraska City, submitted a quote of $3,500 to block the windows and add fill dirt for each side for a total of $7,000. Stewart’s LLC, Plattsmouth submitted a quote of $4,104 to block up 9 windows and $17,865 to remove front and back walls and add fill dirt for a total of $21,969. Commissioner Schroder made a motion, seconded by Commissioner Kreifels to accept the proposal made by National Seal Coat & Striping Inc in the amount of $7,000 contingent upon the contractor being able to perform the work within the next 30 days. There being no further discussion, Chairman Haverty call for a vote. Voting aye were Commissioner Schroder, Haverty, and Kreifels. Nay – none. Motion carried. Commissioner Haverty asked Sedersten to bring the proposal for tuck pointing to the next meeting.

 

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

 

Regarding the FEMA report, Steffensmeier said the field agent wants to wrap things up in a couple of weeks. He showed Board members a color coded map indicating damaged bridges across the County. He said repairs or replacements costing over $60,000 are categorized as a “project” and require engineering. There are a total of seven damaged bridges – two will definitely be replaced and two will be rebuilt. It has not yet been determined whether the other three will be replaced or rebuilt. The two bridges that are going to replaced are located on Road 20 between L & M and on S 2nd Road between K & L. These projects will have to follow the same procedures as any other federal aid project, but the money will come from a different source. NEMA provides 12 ½ % of the total cost; the County is responsible for 12 ½ %; and FEMA pays 75%. Once acceptance letters are received from FEMA, the County will be able to start the engineering and bidding process. The County crew is currently working on some minor repairs, which will be reimbursed by FEMA. Steffensmeier said someone needs to be designated to sign FEMA documents. Commissioner Schroder made a motion, seconded by Commissioner Kreifels to give Steffensmeier the authority to sign all FEMA documents, with the stipulation that they must be reviewed by the Board Members before submitting them to FEMA. There being no further discussion, Chairman Haverty called for a vote. Voting aye were Commissioners Kreifels, Schroder, and Haverty. Nay – none. 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 Schroder made a motion, seconded by Commissioner Kreifels to approve said report and authorize Chairman Haverty to sign the required documents.  There being no further discussion, Chairman Haverty called for a vote. Voting aye were Commissioners Schroder; Haverty, and Kreifels. Nay – none. Motion carried.

 

As required by statute, inventory statements shall be completed at the end of every fiscal year and submitted to the County Board for approval. Commissioner Schroder made a motion, seconded by Commissioner Kreifels to approve the inventory statements compiled by each Foreman and Highway Superintendent. There being no further discussion, Chairman Haverty called for a vote. Voting aye were Commissioners Haverty, Kreifels, and Schroder. Nay – none. Motion carried.

 

Following standard procedures for vacating a road, Steffensmeier submitted a report to the County Board stating that all utilities that may have an interest in County Road 72 between Roads R and Q have been identified and contacted.  OPPD and Time Warner Cable responded that they had no objections to closing the road. Windstream and Nemaha NRD were concerned that surrounding properties would still have accessibility. Rural Water District No. 1 objected to the closing since there is a water main installed near the centerline of the road. They considered the elimination of the general public from utilizing the public right of way as a detriment and inconvenience to the operations of the District. He has never received a response from Sprint and Level 3 Communications. County Attorney, Dave Partsch said the next step is to set a date for a public hearing by resolution. The hearing must be advertised for three consecutive weeks and all surrounding landowners must be notified by mail.

 

There was some discussion regarding a proposed Interlocal Agreement between the County and the City of Syracuse regarding the paving of a portion of Walnut Street that is located outside the corporate limits of Syracuse. Commissioner Haverty stated that he didn’t see anything in the agreement that specified that the street must be constructed to meet county road standards. It only specified that Syracuse will take over the perpetual maintenance of the street after it is paved. Ray Umbarger, Mayor of Syracuse, said the section is only about 400 feet long, extending from the ball field to 1st Street. Commissioner Schroder questioned whether three inches of hot mix asphalt over four inches of asphalt millings would create a durable surface for trucks. Mayor Umbarger replied that he did not anticipate heavy traffic on this road. Commissioner Haverty noted a minor discrepancy - Commissioner Schroder’s name was still showing as Chairman of the Board. Commissioner Schroder made a motion, seconded by Commissioner Kreifels to authorize Chairman Haverty to sign the Interlocal Agreement between the City of Syracuse and Otoe County after the Chairman’s name is corrected to read Commissioner Haverty and a clause is added that the street must be built to meet county road standards.  There being no further discussion, Chairman Haverty called for a vote. Voting aye were Commissioners Kreifels, Schroder, and Haverty. Nay – none. Motion carried.

 

Steffensmeier said he would like to hire an assistant to help with his duties, such as conducting sign and bridge inspections, lining up workers to repair bridges, and keeping up with paperwork. He has over 100 bridges to inspect by December. Lynn Denniston, former bridge foreman, would be a good prospect since he has worked on bridges for many years and helped with bridge inspections in the past. Commissioner Kreifels was concerned about the amount of paperwork being required by NDOR and FEMA. Denniston has proven experience in good record keeping. Commissioner Haverty said Steffensmeier has talked to him several times about hiring an assistant and each time he was asked to write a proposal listing a job description for this position, but has never received one. Commissioner Haverty made a motion, seconded by Commissioner Kreifels to take no action at this time. There being no further discussion, Chairman Haverty called for a vote. Voting aye were Commissioners Schroder, Haverty and Kreifels. Nay – none. Motion carried. In the meantime, Steffensmeier was instructed to write a job description for an assistant, including who he would supervise. Commissioner Schroder also suggested including a probationary period and stipulating that this employee would intend to stay at least 5 years if hired.

 

The County Clerk received an application submitted by Jeff Porter to the Liquor Control Commission that he be approved as Manager of the Arbor Links Golf Course. A change in management will require a name change on the current liquor license. Since the Golf Course is under the jurisdiction of the County, the Liquor Control Commission has requested that he County Board make a recommendation to approve or deny Porter’s application. There being no objections, Commissioner Haverty made a motion, seconded by Commissioner Kreifels to make a recommendation to the Nebraska Liquor Control Commission to approve Jeff Porter’s application for being named Manager of Arbor Links Golf Course located at 6038 H Rd, Nebraska City. There being no further discussion, Chairman Haverty called for a vote. Voting aye were Commissioners Haverty, Kreifels, and Schroder. Nay – none. Motion carried.

 

Jackie Smith, County Treasurer, requested the release of pledged securities with Arbor Bank, Nebraska City in the aggregate amount of $500,000; then replaced it with a pledge of $260,000. Commissioner Schroder made a motion, seconded by Commissioner Kreifels to adopt Resolution 2008-49 approving said transactions. There being no further discussion, Chairman Haverty called for a vote. Voting aye were Commissioners Kreifels, Schroder and Haverty. Nay – none. Motion carried.

 

Ms. Smith noted there were three individuals entitled to tax refunds due to previously approved tax list corrections made by the Assessor. Commissioner Schroder made a motion, seconded by Commissioner Kreifels to approve the following tax refunds: $124.38 to L & H Properties; $465.12 to Bobbie Lee; $1043.86 to Ardys Brugman. There being no further discussion, Chairman Haverty called for a vote. Voting aye were Commissioners Schroder, Haverty and Kreifels. Nay – none. Motion carried.

 

Pat Haverty, Executive Director of River Country Economic and Development Corp, (RCEDC) came before the Board to give a quarterly report for the quarter ending September 2008. The second Annual Southeast Nebraska Regional Economic Development Summit was held on August 12th at the Peru State College campus. Eighty-six people attended including service providers, economic development professionals, elected officials and interested citizens. He applied for a BECA (Building Entrepreneurial Communities Act) grant this past quarter. Several communities partnered together as a region for this grant including Nebraska City, Auburn, Falls City, Talmage, Pawnee City, Humboldt and Table Creek. The grant request was for $66,319 and will be used to create a regional population recruitment campaign and enhance the Entrepreneurial Club. RCEDC provided a letter of support to Midwest Wind Energy to construct a wind farm in the Burr/Douglas area. The letter will be included in a bid packet being sent to OPPD. Haverty said he has been working to secure two different industrial development sites in the County as well as continuing his efforts for commercial and downtown development in Nebraska City. A fiscal year end financial report was furnished to each Board Member.

 

Roy Schneider, Administrator of Duff Nursing Home, returned before the Board to review two quotes he obtained for installation of electrical outlets in the nursing home. In August, he reported to the Board that the State Fire Marshal made a determination that relocatable power taps are not permitted in residential areas of health care facilities. Therefore, new outlets need to be installed in the residents’ rooms in order to meet the fire code. The quote submitted by Moore Electric/Refrigeration, Nebraska City, was in the amount of $14,340. Rhinehart Electric, Nebraska City, submitted a quote of $17,746.23. Schneider said both bidders were given the same specifications drawn up by the State Fire Marshall. There were no start or completion dates given. Moore’s bid was originally submitted in May with a 30 day acceptance guarantee. Schneider said he would have to check with Moore to ensure that the bid was still good. Commissioner Schroder made a motion, seconded by Commissioner Kreifels to award the bid to Moore Electric/Refrigeration for the quoted price of $14,340, contingent upon the fact that the price was still good. There being no further discussion, Chairman Haverty called for a vote. Voting aye were Commissioners Haverty, Kreifels and Schroder. Nay – none. Motion carried.

 

Neil Stedman, who was in the audience, said he mailed a letter to each Commissioner asking them to study the matter of wind energy before adopting zoning regulations regarding wind generators. He has researched websites and attended a few informational meetings where he has heard negative aspects to the wind towers. With the push on “going green” the news media and wind energy companies only tell the positive aspects. However, there are some issues to be concerned about, such as public health and noise. He felt construction of the wind towers would bring a halt to further development in that area and urged the Board to use caution before defining zoning regulations for wind towers.

 

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 October 28, 2008. 

 

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 14th day of October 2008.

 

 

 

Janene Bennett

Otoe County Clerk