NOTICE OF MEETING

Otoe County Courthouse

Nebraska City NE 68410

NOTICE IS HEREBY GIVEN that the Otoe County Board of Commissioners will meet in joint session with the County Commissioners of Johnson, Nemaha, Pawnee and Richardson Counties at 6:00 p.m. on November 3, 2009 in the Commissioners Chambers of the Nemaha County Courthouse, Auburn NE. 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 ___________________________________NOVEMBER 3, 2009

6:00 p.m. Open meeting, roll call

Discussion: Permitting with regards to present and future Federal Highway Projects, LPA, Highway Superintendent Position and responsible charge person.

Additional Discussion: Other ways the different counties may assist each other.

No official action will be taken by the Board Members

The Public is invited to attend.

Special Meeting

Otoe County Board of Commissioners

November 3, 2009

The Board of Commissioners of Johnson, Nemaha, Pawnee, Richardson and Otoe Counties met in Special Session on November 3, 2009, at 6:00 p.m. in the Courtroom of the Nemaha County Courthouse to discuss new federal regulations with regards to present and future Federal Aid Highway Projects. Notice of said meeting was published in the Nebraska City News Press, announced on KNCY Radio Station and posted in several 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 joint meeting was called to order by the Chairman of the Nemaha County Board, Monty Lovelace. Answering present at roll call were Nemaha County Commissioners Monty Lovelace, Randy Rohrs and Bob Hutton. Timothy W Nelsen, Chairman of the Board for Otoe County, asked for a roll call of Otoe County Commissioners. Answering present were Commissioners Timothy Nelsen, Steve Lade, Carol Crook and Nicki Kreifels. Commissioner Rick Freshman was absent. Chairman Nelsen informed the public in attendance that a current copy of the Open Meetings Act was posted in the Courtroom.

Commissioner Rohrs made a motion, seconded by Commissioner Hutton to accept the agenda as posted. Voting aye were Commissioners Hutton, Lovelace and Rohrs.

Others present included Joyce Oakley, Nemaha County Clerk; Janene Bennett, Otoe County Clerk and Dave Partsch, Otoe County Attorney; Kay Laun, Wayne Cacek and Robert Stephens Pawnee County Commissioners, Bob Miller, Pawnee County Highway Superintendent and Carol Young Pawnee County Clerk; Terry Keebler, Johnson County Commissioner, Bill Ely, Richardson County Commissioner, Mark Mainelli and Jeff Wagner from Mainelli Wagner & Associates, Jim Wilkinson, Mitch Doht, Lemoyn Schultz and Larry Legg, Nebraska Department of Roads Personnel, Kim Davis representing Senator Lavon Heideman, Dan Swanson from the Nebraska City News Press; Fred Allen and Russ Newton, Nemaha County constituents.

Nemaha County Chairman, Monty Lovelace, said the purpose of this meeting was to have open discussion and possibly propose a plan of action to resolve the problems causing delays of federal aid projects.

Due to new federal regulations, road and bridge projects have been postponed causing a financial burden to many counties. Within the regulations, counties are required to have a certified “Responsible Charge” (RC) person who must be a full-time county employee, attend several hours of class; then pass difficult testing. In Nemaha County, the County Clerk has taken the classes and passed the tests, but now has found that she cannot be certified. According the federal interpretation, she is not considered a full-time employee because she was elected and not hired. Employees from Johnson, Pawnee, Richardson and Otoe Counties are currently attending classes, but have not yet been certified.

A representative from the NDOR said the RC person is also expected to visit job sites at least once a month to see if the project is on schedule and to make sure the engineers are doing their job. Mainelli said the RC works with the engineers to ensure that all the paperwork is getting done; the key is to have oversight at every level.

Commissioner Lovelace said he has been in contact with Senator Heideman’s office to discuss the problems they have encountered. Commissioner Rohrs said he thought the federal government was supposed to stimulate work on infrastructure rather than hinder it. The process needs to be simplified.

Commissioner Laun suggested that the counties approach NACO (Nebraska Association of County Officials) for help. Terry Keebler, who serves on the NACO Board was asked to contact Larry Dix, Executive Director for NACO, who could express concerns of the counties to the Nebraska Legislators. Commissioner Nelsen said counties need to make a unified effort rather than trying on an individual basis. In addition to lobbying the Nebraska Legislators, we need to ask NACO to contact members of the U.S. Senate and Congress on behalf of all the counties to let them know of the problems Nebraska counties are facing.

Another frustrating problem is the drawn out process in getting a permit issued from the Corps of Engineers for bridge projects. Mark Mainelli said it is much harder and takes longer to get a Corps Permit than ever before. The Corps Colonel in Nebraska has determined that there must be a wetland’s delineation at every site. It was noted that other states don’t have this much trouble getting a permit because their Corps Official has not interpreted the federal law to be so stringent. The NDOR suggested that the counties meet with the Corps of Engineers to discuss the matter.

There was some discussion about entering into interlocal agreements for sharing Responsible Charge persons. It was the general consensus that each of the five counties are going to proceed with getting their people certified who are currently attending classes. However, Mark Mainelli said it may still be a good idea to have interlocals in place in the event that an RC would leave a county or become ill; then that affected county could call upon another county for assistance to keep projects progressing.

In conclusion, the group decided they would meet together at the NACO Convention in December. Commissioner Keebler will make arrangements with Larry Dix. They will keep in contact by email and/or conference calls. In the meantime, Mark Mainelli suggested that this group meet with the Corps of Engineers to express their concerns; then take that response to NACO and Senators Ben Nelson and Mike Johanns and Congressman Jeff Fortenberry.

Commissioner Lovelace thanked those present for attending the special meeting. Commissioner Dutton made a motion to adjourn; seconded by Commissioner Rohrs.

Commissioner Nelsen declared the meeting adjourned at 7:30 p.m.

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 3^rd day of November 2009.

Janene Bennett

Otoe County Clerk