NOTICE OF MEETING

Otoe County Courthouse

Nebraska City NE  68410

 

NOTICE IS HEREBY GIVEN that the Otoe County Board of Commissioners will meet in regular session at 8:30 a.m. on October 27, 2009 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 ___________________________________OCTOBER 27, 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:

Public Hearing to vacate Lot 1, Bluebird Meadows Subdivision located in the SE ¼ SE ¼

4-8-10 as requested by Kenneth Baker; Site address – 339 N 18th Rd

                           2)   Public Hearing to approve final plat of Post-Porter Subdivision located in the SW ¼ 24-8-10

                                  As requested by Randy/Cindy Post, Roland/Leona Post, Robert/Susanna Porter;

                                 Site address – 2263 K Rd

         8:50 a.m. – Discussion and/or action involving road and bridge matters

1)      James Cook: Discussion and/or action to repair Bridge #53860 located near S-70,

3 ½ miles east of Julian

2)      Discussion and/or action to approve & sign the collective bargaining agreement between

Local Union 251 representing the Otoe County Road Employees and Otoe County

3)      Discussion and/or action to approve the Annual Road Report for submittal to the NDOR

4)      Discussion and/or action to let bids for the following road/bridge projects:

a)      Installation of triple corrugated metal pipes to replace Bridge #C006604505P located

East of R-46

b)      Materials to replace Bridge #C006604505P located East of R-46

c)      Construction of concrete box culvert to replace Bridge #C006622020 located

      East of J-16

d)      Installation of twin corrugated metal tubes Southwest of Lorton – East of O-44

e)      Materials to construct/install corrugated metal tubes Southwest of Lorton-East of O-44

5)      Discussion and/or action regarding Northern Natural gas line under bridge C66(444)

6)      Discussion: Cost to contract rock hauling

7)      Discussion and/or action: Consulting Engineer/Acting Highway Superintendent

                             7)  Discussion and action on pending road projects and miscellaneous road matters

 

 

Other business matters to address when time allows:

      

                         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 27, 2009

 

The Otoe County Board of Commissioners convened in regular session at 8:30 a.m. on October 27, 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 Kreifels made a motion, seconded by Commissioner Lade 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 Lade 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 Lade made a motion, seconded by Commissioner Freshman to approve payment of the regular claims. 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.

 

Chairman Nelsen announced that Members of the Otoe County Board of Commissioners will be meeting in joint session with Nemaha, Johnson, Richardson and Pawnee County Board Members on Tuesday, November 3rd at 6:00 p.m. in the Commissioners Chambers at the Nemaha County Courthouse. They plan to discuss present and future collaboration of Federal Highway Projects, LPA, a Highway Superintendent position and/or responsible charge person. The public is invited to attend.

 

A notice was received regarding the fatal accident of a Saline County Commissioner last Sunday that occurred while he was on a hunting trip in Colorado.  

 

Commissioner Freshman obtained three proposals for painting public areas in the jail facility including the sheriff’s office, secretarial office, break room, entry way, bathrooms and hallway.  All proposals were solicited from local contractors. Final Touch Painting offered the lowest proposal for a total of $1680. All agreed to accept the proposal from Tom Weddle dba Final Touch Painting. He will work between the hours of 5:00 p.m. and 8:00 a.m.

 

Commissioner Freshman obtained two proposals for installing carpet squares in the sheriff’s office and tile in all of the other public areas. Champion Construction offered the lowest quote for materials and labor in the amount of $3590. The second proposal was over $4700. All Board Members agreed to have Champion Construction proceed with the installation of the new flooring. All work will be performed after hours or on weekends.

 

At 8:45 a.m. Chairman Nelsen opened a public hearing to hear support or opposition to the request for vacating Lot 1 of Bluebird Meadows Subdivision located in the SE ¼ SE ¼ S4-T8-R10 – site address of 339 N 18th Rd.  There being no comments, Chairman Nelsen closed the hearing. Zoning Administrator, David Schmitz, said the subdivision was created in 2001 due to a mortgage application. Now, the owner wants to reunite the 6.18 acre tract with the 28.98 acre tract making it into one parcel. Commissioner Lade made a motion, seconded by Commissioner Kreifels to authorize the Chairman to sign the Vacation Plat for Lot 1 of Bluebird Meadows Subdivision located in the SE ¼ SE ¼ S4-T8-R10 as requested by owner, Kenneth J Baker.  There being no further discussion, 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 opposition to boundary line changes of the Post-Porter Subdivision located in the SW ¼ S24-T8-R10 as requested by owners Randy/Cindy Post, Roland/Leona Post, and Robert/Susanna Porter. There being no comments, Chairman Nelsen closed the hearing. Zoning Administrator Schmitz said the original tract was surveyed in the 1970’s, but it did not follow the tree line. Changes are necessary to correct the boundary lines; then a new deed can be filed. Commissioner Kreifels made a motion, seconded by Commissioner Freshman to authorize Chairman Nelsen to sign the plat map for Post-Porter Subdivision located in the SW ¼ S24-T8-R10. Voting aye were Commissioners Nelsen, Lade, Crook, Kreifels and Freshman. Nay – none. Motion carried.

 

James Cook came before the Board to request that Bridge #C660053860 be repaired with FEMA funds. The bridge was closed in 2007 after heavy rains and it was determined to be unsafe for crossing. He said he now has to drive 4 miles around to get to his property on the south side where he is pasturing livestock. He questioned why other bridges are being repaired by using FEMA funds, but this bridge was not submitted for repair. Chairman Nelsen replied that this area was not included in the FEMA declaration and therefore not eligible for FEMA funding. Jeff Wagner, an engineer for the Mainelli Wagner engineering firm, said he examined the bridge after the last Commissioners’ meeting and found extensive damage. He said it cannot be repaired and it would not be feasible to replace the bridge. Joan Cook questioned how far south of the bridge does the Otoe County own? Wagner said he thought half the bridge was in Otoe County and the other half in Nemaha County. Paul Chaney, a former motor grader operator for Otoe County, said the boundary line is south of the bridge. Mrs. Cook said if the County is not going to fix the bridge, it should be reverted to the landowners. Mr. Cook asked why the Witte Bridge was designated as a federal aid project which is located just west of his bridge. Wagner explained this bridge is not on a federal aid route and probably would not be considered as a “Bridge Replacement\Off System” project since the State is currently dropping projects and not taking on new ones.

 

The Collective Bargaining Agreement between the Nebraska Public Employees Local 251 (representing the Otoe County Road Department) and the County of Otoe was presented for approval. Chairman Nelsen said the agreement includes a 50 cent per hour raise in January 2010 and minor language changes. Commissioner Freshman made a motion, seconded by Commissioner Crook to authorize the Chairman to sign the Collective Bargaining Agreement as presented. Responses to questions that were raised by the audience: The term of the contract is for a three year period, beginning July 1, 2009 through June 30, 2012. Wage increases will be negotiated for January of 2011 and January of 2012; Hours of work included 8 hour days September 1st through April 30th and 10 hour days May 1st through August 31st – working hours may be changed with a 15 day notice (previous contract only required a one week notice); new contract includes provisions for creating a sick bank; The Article on Nepotism was deleted; Prescribed grievance forms will be used. 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.

 

By statute an Annual Road Report must be filed with the State Department of Roads by October 31st of any given year. The document includes a budget and expenditure report of the fiscal ending June 30, 2009; a road and bridge contracts report disclosing the amount of money spent for each project; inventory reports of materials, supplies and machinery; an equipment cost report denoting the efficiency of the equipment. Commissioner Kreifels made a motion, seconded by Commissioner Freshman to authorize the Chairman to sign and approve the FY09 Road Report as presented. 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.

 

Jeff Wagner explained that he has prepared bid specifications for the following bridge replacement projects and requested board approval to advertise and open the bids on November 9, 2009, at 10:00 a.m. in the County Clerk’s Office. 1) Installation of triple corrugated metal pipes to replace Bridge #C006604705P located east of R-46; 2) Purchase materials to replace Bridge #C006604705P; 3) Construction of a concrete box culvert, replacing Bridge #C006622020 located east of J-16; 4) Installation of twin corrugated metal tubes Southwest of Lorton located east of O-44; 5) Purchase materials to construct/install corrugated metal tubes Southwest of Lorton. Commissioner Kreifels made a motion, seconded by Commissioner Lade to authorize Mr. Wagner to proceed with letting bids for the above listed projects. Chairman Nelsen and Commissioner Lade will be present for the bid opening. Wagner will compile a report of the bid results and make a recommendation for awarding the bids at the November 10, 2009, board meeting. 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.  

 

Mr. Wagner said he will be meeting with representatives from Northern Natural Gas this afternoon to discuss possible solutions for the County to complete a bridge project southwest of Palmyra. A contractor moved to the bridge site to begin work on October 1st. Due to the gas company’s refusal to lower the gas pressure on a line located at the work site, the job has been delayed and the contractor has billed the County for lost man hours and equipment time.

 

Commissioner Lade contacted a couple of rock haulers to get an estimate of how much it would cost the County to have rock hauled when the road workers fall behind or need extra rock. He said the quote ranged from $75 to $222 per 30 ton load, depending on the distance from the rock & gravel quarries. The price is subject to change in accordance with fuel cost. He felt it was better to have the rock/gravel billed directly to the County and pay for the hauling separately.

 

Chairman Nelsen noted that Mark Mainelli was appointed as the Acting Highway Superintendent for Otoe County at the last meeting. However, the State does not recognize the terminology for “Acting Highway Superintendent”; the proper designation is a “Consulting Engineer”. Therefore, Commissioner Freshman made a motion, seconded by Commissioner Lade to rescind the motion of appointing Mark Mainelli as “Acting Highway Superintendent” for Otoe County; and to appoint Mark Mainelli as the “Consulting Engineer” for Otoe County in order to comply with state requirements. There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Freshman, Nelsen, Lade, Crook and Kreifels. Nay – none. Motion carried. Commissioner Lade said they need to specify what Supervisor Denniston will be allowed to sign or do and what functions must be performed by an engineer.

 

Pending projects: Denniston said there are four 2007 FEMA projects and approximately 65 2008 projects left to do. He said he recently found a 2008 FEMA debris removal list and needs to review each site to determine if the debris has been removed. A total of 26 culvert projects will be let for bids. Chairman Nelsen suggested grouping the 26 projects by area and soliciting bids by the hour. Wagner said it would be simple to write specs for the 26 projects. Wagner was directed to send the specs to the seven local contractors on his list; giving them ten days to respond with a proposal. Joan Cook requested that these projects not be started until harvest was over.

 

Denniston said the County purchased a 1 ton truck in 2008 for the bridge crew that is not being used much. Commissioner Freshman suggested purchasing a v-plow for the truck and using it for snow removal. He will solicit quotes for review at the next meeting. Denniston said he has not had time to write the specs for the purchase of a dump truck or backhoe.

 

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 9:26 a.m. The next regular meeting will be held on November 10, 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 27th day of October 2009.

 

 

 

Janene Bennett

Otoe County Clerk