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 October 28, 2008, 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                                       October 28, 2008

 

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

              meeting, Audit and Sign payroll and regular claims

 

 8:35 a.m. – Dave Schmitz, Zoning Administrator: Discussion and/or action RE: An application for construction

                          And operating permit being made by Action Pig Co.

Public Hearing: Oberle Subdivision located in S8-T9-R9 at the request of Susanne Johnson

Public Hearing: Conditional Use Permit for 60-M Met Tower located in the W ½ of the NW ¼ S22-T7-R10 as requested by Keith & Russell Moss and Midwest Wind Energy Development Group

           Public Hearing: Conditional Use Permit for 60-M Met Tower located in the S ½ of the NW ¼ S36-T8-R9

            As requested by Kenneth Hartman and Midwest Wind Energy Development Group

 

 8:45 a.m. – Gregg Goebel, EM Director: Discussion and/or action RE: NEMA audit

 

 9:00 a.m. – Rick Sedersten, Custodian: Discussion and/or action RE: Quote for tuck pointing Courthouse

 

 9:15 a.m. -- Discussion and/or action RE: Other Road and Bridge matters

a)      Discussion and/or action RE: Resolution to set public hearing date for vacation of

A portion of S 72nd Road between Roads P and R

b)      Miscellaneous

 

 

 

       Other business matters to address when time allows:

Discussion and/or action to appoint an alternate who may vote at the NACO Convention

Discussion and/or action RE: Renewal of a Detention Services Agreement with the Lancaster

County Youth Services Center

Discussion and/or action RE: Results of recall petitions for Dale Haverty

            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.

 

 

October 28, 2008

 

The Otoe County Board of Commissioners convened in regular session at 8:30 a.m. on October 28, 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.

 

Commissioner Schroder made a motion, seconded by Commissioner Kreifels to accept the agenda as posted but to add discussion regarding the condition of a bridge located on I Road between Unadilla and Syracuse. There being no further discussion, Chairman Haverty called for a vote by roll call. Voting -- Commissioners Haverty, aye; Kreifels, aye; Schroder, aye. 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 – Commissioners Kreifels, aye; Schroder, aye; Haverty, aye. 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 - Commissioners Schroder, aye; Haverty aye; Kreifels, aye. Motion carried.

 

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.

 

Dave Schmitz, Zoning Administrator, came before the Board to report that Action Pig Inc has submitted an application to the Department of Environmental Quality for a Construction and Operating Permit in accordance with DEQ “Livestock Waste Control Regulations”. Dean Neels, President of Action Pig, told Schmitz that they need to modify their pig operation because they are going to raise heavier hogs and will need larger pens. They plan to add 30 feet to an existing building. Schmitz said he reviewed the application and saw no problems with it. He notified Neels that he needed a Certificate of Compliance filed with him in order to meet the County’s zoning regulations. As part of standard procedures, the County Board has 30 days to comment about any conditions existing at the site that should be considered by DEQ before making a decision to approve/disapprove Neels’ application. The Board directed Schmitz to draft a letter to DEQ noting approval of the application as soon as he receives the Certificate of Zoning Compliance for the additional building.

 

A public hearing was held for the purpose of hearing support or objections to the approval of a plat map for Oberle Farm Subdivision located in the E ½ of the W ½ Section 8 and the SW ¼ of the NE ¼ Section 8, all in T9-R9. Dave Schmitz, representing Susanne Johnson, said there is an existing farm site that is divided by County Road 3. The house is located on one side of the road and the outbuildings are on the other side. He could not make the subdivision into one tract, so it is separated into two lots – Lot 1 consists of 2.02 acres on the west side of the road and Lot 2 consists of 7.98 acres on the east side of the road. The two added together make 10 acres. The plat includes an easement so that the rural water line can be shared in both lots. Currently, a well is the primary source of water. There being no further comments, Chairman Haverty closed the public hearing. Commissioner Schroder made a motion, seconded by Commissioner Haverty to authorize Chairman Haverty to sign the plat map for Oberle Farm Subdivision located in S8-T9-R9 as requested by owner, Susanne Johnson. Voting – Commissioners Haverty, aye; Kreifels, aye; Schroder, aye. Motion carried.

 

A public hearing was held for the purpose of hearing support or objections to the issuance of a Conditional Use Permit (CUP) that would allow the installation of a 60-M Met Tower in the W ½ of the NW ¼ S22-T7-R10 at the request of Keith & Russell Moss and Midwest Wind Energy Development Group. David Levy, representing Midwest Energy, said the structure was a meteorological tower that will be installed to gather wind data specific to that area. The tower is 196’ tall and 6” in diameter with instruments on top to gather information. Its installation was approved by the County Planning Commission with the stipulation that it could remain there up to 5 years. Mr. Levy distributed site plans to the Board members. The wind data is being monitored in anticipation that a wind farm may be established in this area. Commissioner Schroder questioned how or if the towers would be taxed. After checking with the County Assessor’s Office, it was determined that the temporary tower would be subject to personal property tax. There being no further comments, the public hearing was closed. Commissioner Schroder made a motion, seconded by Commissioner Kreifels to approve the Conditional Use Permit requested by Keith and Russell Moss and Midwest Wind Energy Development Group allowing them to install a 60-M Met Tower in the W ½ of the NW ¼ S22-T7-R10. Voting – Commissioners Kreifels, aye; Haverty, aye; Schroder, aye. Motion carried.

 

A public hearing was held to hear support or objections to the issuance of a Conditional Use Permit (CUP) that would allow the installation of a 60-M Met Tower in the S ½ of the NW ¼ S36-T8-R9 at the request of Kenneth Hartman and Midwest Wind Energy Development. Mr. Levy said this structure is the same type of meteorological tower as the one described above and is being installed for the same purpose – to collect wind data in that vicinity to see if there would be enough activity to generate a wind turbine. Commissioner Schroder noted that the Planning Commission approved the CUP with the stipulations that there be an 8’ chain link fence around the tower and guy wires would be attached to 16’ poles so as not to interfere with farming. Levy said it would cost about $75,000 each to install the towers. There being no other comments or questions, Chairman Haverty closed the public hearing. Commissioner Schroder made a motion, seconded by Commissioner Kreifels to approve issuance of a Conditional Use Permit to Kenneth Hartman and Midwest Wind Energy Development Group allowing them to install a 60-M Met Tower in the S ½ of the NW ¼ S36-T8-R9.  Voting – Commissioners Schroder, aye; Haverty, aye; Kreifels, aye. Motion carried.

 

Schmitz said he handed out packets of information to the Planning Commission at their October 16th meeting that included wind power regulations from surrounding counties and states. He also had information regarding problems and negative aspects caused by wind towers. He plans to conduct a joint meeting with the Planning Commission and County Board members in mid December to discuss possible wind tower regulations. Once proposed regulations are compiled, three separate public hearings must be conducted in order to make a revision to the current County Zoning Regulations. Commissioner Haverty said he plans to attend a wind energy meeting in Kearney on November 11th and 12th.

 

Gregg Goebel, Emergency Management Director, said a Program Specialist from NEMA conducted an audit of the Homeland Security Grant Funds on September 10, 2008. His objective was to ensure the County’s compliance with grant regulations and requirements. The audit report indicated several areas that needed improvement. Two primary areas of concern were deficiencies in the accounting methods and inventory control. Goebel said he has now complied with the suggested corrections and updates and will submit them at a review audit on Thursday. In the past, all purchases were approved by the Otoe County Communications Committee; however, NEMA recommends that they be approved by the County Board. Commissioner Haverty, who serves on the Communications Committee, said its goal is to provide adequate communication equipment that will service the entire county, especially in the southwest corner. Equipment is being purchased with Homeland Security Grant funds as well as 911 funds. Goebel said this project has been ongoing since 2004, but hopes to have it completed by February of 2009.  The County will have spent a little over $1.3 million. Commissioner Schroder made a motion, seconded by Commissioner Kreifels to accept the audit report as presented by Mr. Goebel. There being no further discussion, Chairman Haverty called for a vote. Voting aye were Commissioners Haverty, Kreifels and Schroder. Nay - none. Motion carried. Commissioner Kreifels made a motion, seconded by Commissioner Schroder to approve grant communications vouchers for $6,750.00, $16,114.76, $69,356.25, $14,500.00, $1,459.91 and $12,859.24, all expenditures from the 2004-2005 Grant. There being no further discussion, Chairman Haverty called for a vote. Voting aye were Commissioners Kreifels, Schroder, and Haverty. Nay - none. Motion carried.

 

At the previous meeting, Rick Sedersten, Courthouse Custodian, was asked to obtain a quote from Karr Tuckpointing Company for restoring and repairing the masonry and brick work on the Courthouse. Bill Clark with KARR Tuckpointing, gave a brief overview of the proposal as he had it broken down into three work areas. Work Area #1 included removal of vines from the exterior walls; power washing the building to remove surface dirt and to expose any defective joints; tuck pointing damaged mortar joints; sealing movement cracks; and caulking all windows. Work area #2 included restoration of the stone trim around the Courthouse; filling cracks, caulking doors and windows; patching approximately 8 sq feet of damaged stone; then applying a latex masonry paint that will protect the stone from weather. Work area #3 included the restoration of the winged step casings on the north side of the Courthouse. He submitted 2 options – 1) to tuck point all joints, replace about 30 defective bricks and relay about 500 bricks. Option 2) to remove and replace all the bricks. Clark said workers would clean up and reuse the bricks that are salvageable; then replace the others with similar brick. He said it was actually cheaper to replace the wall than to restore it and a new wall would last longer. Clark said they would not begin work until next spring and that his bid proposal was good for one year. Commissioner Haverty thanked Mr. Clark for his time and told him that the County is obliged to get other proposals for comparison.

 

Glen Steffensmeier, County Highway Superintendent came before the Board to discuss road and bridge matters.

 

One of the final steps for vacating a section of S 72nd Road located between Roads P & R is to set a date for conducting a public hearing. According to statute, the hearing date must be set by resolution. Commissioner Kreifels made a motion, seconded by Commissioner Schroder to sign and adopt Resolution 2008-56 setting the date of November 25, 2008, at 8:45 a.m. to conduct a public hearing to hear support or objections to closing a section S 72nd Rd located in Sections 30 and 19, Township 7, Range 15. There being no further discussion, Chairman Haverty called for a vote by roll call. Voting aye were Commissioners Kreifels, Schroder and Haverty. Nay – none. Motion carried. The County Clerk will notify owners of land abutting on or adjacent to the portion of road to be vacated by certified mail. The resolution will be published once a week for three consecutive weeks in the Nebraska City News Press.

 

A large group of concerned citizens from the Syracuse / Unadilla area came to the meeting to express their concerns about a closed bridge located on County Road 24 between I and J. Tony Engelbrecht said that several landowners and businessmen used this road. The road closing causes an inconvenience for school buses, mail carriers and emergency vehicles. He said a closed road brings unwanted people, hunters, vandals, etc. to the area. Steffensmeier said the bridge was closed after the flooding on May 22, 2008. A FEMA agent has reviewed seven bridges in the County including this one. The agent did not consider this bridge to have enough damage to replace it. FEMA has offered only $30,000 to repair it, but Steffensmeier said he does not agree. If the County accepts the FEMA offer of $30,000 then the County will not be eligible to get any more federal money for this bridge for at least 10 years. Steffensmeier had an engineer work up an assessment for its replacement and has forwarded this information to FEMA. He said a new bridge would cost over $1,000,000. He has asked for a meeting with NEMA to try to convince them to change this project from a “repair” to a “replacement”. FEMA argues that they will only fund enough money to repair the bridge to the condition it was before the flood. Commissioner Schroder said getting the bridge fixed and the road reopened is a priority in the 3rd District. Steffensmeier asked if anyone in the room had pictures of the bridge when the water peaked within 6 inches of the deck. If so, he would like to use them as evidence to present to FEMA. The agent doesn’t think the water got as high as he said it did. Basically, the County has two options if FEMA does not change its position to replace the bridge - the County can take the $30,000 and fix it. Or the County can make this a federal aid project, which may take years before the money is appropriated. Milan Brehm said farmers can’t get machinery across now. He felt it was more critical now than ever to get the bridge replaced. Steffensmeier said he will know by the end of the year whether FEMA changes their assessment.

 

At 10:07 Chairman Haverty called for short recess.

 

NACO (Nebraska Association of County Officials) will hold its annual Convention on December 10th, 11th, and 12th. Since Chairman Haverty is not planning to attend, an alternate needs to be appointed who will have voting authority. Commissioner Schroder made a motion, seconded by Commissioner Haverty to appoint Commissioner Kreifels as alternate. There being no further discussion, Chairman Haverty called for a vote by roll call. Voting aye were Commissioners Haverty, Kreifels, and Schroder. Nay – none. Motion carried.

 

By statute the County must have an interlocal agreement in place with an institution that can provide juvenile detention services. County Attorney, Dave Partsch, said the agreement does not bind the County to send anyone there, but the services are available if needed. The County has had an agreement with the Lancaster County Youth Services Center for many years. The only change noted was a decrease in the per diem rate from $244.50 to $236.00. Commissioner Schroder made a motion, seconded by Commissioner Kreifels to sign the Interlocal Agreement with Lancaster County Youth Services Center whereby the Center agrees to provide juvenile detention services at the rate of $236 per day. There being no further discussion, Chairman Haverty called for a vote by roll call.  Voting aye were Commissioners Kreifels, Haverty and Schroder. Nay – none. Motion carried.

 

Steffensmeier said he received a letter from Nemaha County requesting that an interlocal agreement be drawn up between Otoe and Nemaha Counties regarding the replacement of a truss bridge on the county line road. It is located between S 52nd and S 54th Roads. This would be a federal aid project, so Otoe County’s share of the cost would be 7 ½ % of the total. He will bring a resolution to the next meeting for signature.  

 

Steffensmeier said he has received many complaints that rock is needed on Road R between Road 8 and S 190th St. Since the road crew can’t keep up, he sent letters to contractors soliciting bids for hauling rock to this area. Commissioner Kreifels asked why the County’s rock haulers were so far behind in getting their work done. Steffensmeier replied that some of the guys have been sick or on vacation or they have had mechanical problems with the trucks. Commissioner Kreifels questioned what it would cost to pay county employees overtime to get caught up verses hiring someone else to do it. Steffensmeier said a contractor could haul the rock in one or two days. John Bebout said if the County sent all 4 trucks to that project, they probably could get it done in four 10 hour days.

 

Commissioner Schroder said he had heard that a motor grader operator was seen pulling the sheep foot roller behind a motor grader across railroad tracks, 6 lanes of highway and down a paved city street.  He asked Steffensmeier if this employee was talked to and Steffensmeier said no. Commissioner Schroder asked Steffensmeier if he knew about the batteries that were purchased in Lincoln and who gave that employee permission to drive there on county time using a county vehicle. He then questioned, “When county employees come to the Board meetings, are they on county time?” Steffensmeier said most of them are taking comp time or vacation time. Commissioner Kreifels said these incidents should be investigated, documented and employees reprimanded if needed. 

 

Steffensmeier presented a large color coded map that indicated possible bridge projects for the FY09-10 One & Six Year Road Plan. He suggested taking out bridges and replacing them with box culverts or corrugated metal culverts when possible. 80% of the total cost of non-federal aid projects can be applied toward soft match credit which then can be used to pay the County’s share of federal aid projects.

 

As Election Commissioner, Janene Bennett reported that a sufficient number of signatures were obtained and verified regarding the recall petitions that were filed seeking the removal of Commissioner Dale Haverty from the office of 2nd District Commissioner. By statute, the County Board must set the date for the Recall Election which shall be no less than 30 nor more than 45 days from the date Mr. Haverty was officially notified of the petition results, that being on October 27th. Therefore, the election shall be held sometime between November 27th and December 11th. Commissioner Schroder made a motion, seconded by Commissioner Kreifels to set the Recall Election date as December 2, 2008. There being no further discussion, Chairman Haverty called for a vote by roll call.  Voting aye were Commissioners Schroder and Kreifels. Commissioner Haverty abstained. Nay – none. 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, Chairman Haverty adjourned the meeting at 11:06 a.m. The next regular meeting will be held on November 10, 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