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 November 10, 2008, in the Multi-Purpose 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                                       November 10, 2008

 

 

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

              meeting, Audit and Sign payroll and regular claims

 

 9:00 a.m. – Glen Steffensmeier, Hwy Supt:

    a) Discussion and/or action RE: An interlocal agreement with Nemaha County regarding

A bridge project on the county line road (Bridge #C006410210)

b)      James Cook: Discussion and/or action RE: Closed Bridge at County Road S & 70

c)      Miscellaneous

 

 9:45 a.m. – Jim Gress, Sheriff: Discussion and/or action to advertise for the purchase of a new patrol vehicle

 

10:00 a.m. – Kevin Turner, Skip Welsh, Steve Colabello: Discussion and/or action RE: Implementation of

                        a keno lottery in the County

 

10:15 a.m. – Public Hearing: To hear support or objections to approve an application for a Wholesale

                        Liquor License as requested by Jerry W Wurtele Distributing

 

10:30 a.m. – Bill Harvey: Discussion and/or action RE: Implementation of a keno lottery

 

10:45  a.m. – Bernard Kreifels: Discussion and/or action RE: Request for payment of legal fees

 

 

 

 

       Other business matters to address when time allows:

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

Distress Warrants

            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.

 

 

November 10, 2008

 

The Otoe County Board of Commissioners convened in regular session at 8:30 a.m. on November 10, 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 -- 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.

 

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

 

As discussed at the previous meeting, Nemaha County is requesting that Otoe County enter into an interlocal agreement whereby both counties would share costs for the replacement of Bridge #C006410210 located on the Nemaha and Otoe County line road between Otoe County Roads 52 and 54. Nemaha would be the lead county because the bridge is listed on their inventory. The bridge was closed last spring when the State conducted fracture critical inspections. Steffensmeier said the bridge has rusted plates and pilings indicating a failing condition. He said Otoe County’s share would be about $30,000 which is 7 ½ % of the total cost. Steffensmeier recommended that Otoe County sign the interlocal agreement so that Nemaha County can proceed with procuring an engineer and obtaining the necessary permits. He said it will be at least 2 years before the bridge is built, depending on the availability of highway trust funds. Commissioner Schroder made a motion, seconded by Commissioner Kreifels to authorize Chairman Haverty to sign the interlocal agreement with Nemaha County regarding the federal aid project to replace Bridge #C006410210 on the county line. 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.

 

Last week, Commissioner Haverty and Supt Steffensmeier attended a meeting regarding construction of a proposed overpass at the intersection of Highways 75 and 2 south of Nebraska City. Steffensmeier said the beginning construction date has been backed up to 2014. He showed Board Members a copy of the plan which included a map of the proposed changes. It indicated the construction of an access road beginning at S 63rd Rd; then running south of the VF Mall and as far east as the Winery. There will be no left hand turns onto the beltway from S 3rd St, S 63rd Rd, or Kearney Hill Road. The plans will be kept on file at the Highway Superintendent’s office.

 

Steffensmeier said Titan Machinery bought out Midland Equipment which was the Case implement dealer. The warranty for the County’s Case Motor Grader will expire in the summer of 2009. He said all parts and services will be handled by Titan and all billings will still be handled by CNH.

 

Steffensmeier reported that he will be working on bridge inspections for the next few weeks. He must have a report submitted to the NDOR by December 31st. There are 118 bridges on the roster, but the State Inspectors have already performed complete inspections on 20 of them. He plans to do a brief inspection on these 20 bridges. Commissioner Kreifels asked Steffensmeier if he could provide the Board with a bridge report that would include the location, condition, and plans for repairs and/or replacements of all bridges in Otoe County. James Cook, who was in the audience, asked Steffensmeier if he had a laptop for bridge inspections. Steffensmeier said he was provided a laptop by the NDOR, but he does not take the laptop to each bridge site. He downloads an inspection form for each bridge and marks the sheet as he performs the physical inspection; then he enters the data on his desk top computer. In this way he has a paper trail and hard copies of each inspection in the event the data would be lost on a computer. He also takes pictures of each site and downloads them onto the computer as well. This information can then be exported to the NDOR.

 

James Cook appeared before the Board to ask questions about a bridge that has recently been closed on S Road (Nemaha/Otoe County line road) between Roads 68 and 70. Cook said he now must drive 8 miles around to take care of his livestock. It would be more convenient if he could use a minimum maintenance road that is on the Nemaha County side of the county line road. He said in 1996, the Otoe County Bridge Crew put in new piling and a head wall. But now, the piling is not touching on one corner. Steffensmeier said he and Engineer, Mark Mainelli, looked at the bridge last spring. The piling was installed only about 5 feet deep before it hit bedrock and the south pier appears to be settling. A heavy rain could wash it out. Cook questioned, “Without a bridge crew, who is going to fix it and when?” Steffensmeier said since there is a structural component involved on this bridge. It will need to be engineered and put out for bids; it can’t be fixed by county employees. Replacing it could take years. Cook felt that the money that is being spent on engineering could be spent on temporary repairs. Cook said if the bridge crew was still on payroll, they could at least fix it temporarily. Commissioner Kreifels said the Board plans to study a report of bridges that are closed; then prioritize repairs/replacements on a most needed basis. Cook was told that if Nemaha County was willing to cost share in rocking the minimum maintenance road, Otoe County would pay a portion also.

 

Cook questioned Steffensmeier on his plans for other bridges as well. Steffensmeier said some will be replaced with tubes or box culverts. He said a lot of these bridges should have been replaced over the years. Now they are older and weaker; more permits are being required and they will take more money to fix or replace. There is no soft match credit to apply to federal aid projects and not enough money in the county budget. Commissioner Kreifels said we need to determine which ones can be fixed and which ones are beyond repair and need to be replaced. Steffensmeier said it is not feasible or practical to put in a box culvert at Cook’s bridge site. The current bridge is 50-60 foot long bridge and there is too much water flow. Commissioner Haverty said Cook’s bridge cannot be repaired by a bridge crew because it needs to be engineered. With so many bridges closed and so many people wanting them opened, the County Board needs to determine which ones need attention first. He feels that money spent on temporary fixes might be a waste when it could be applied to new bridges. Ruth Dalton commented that if the County’s road crew were assigned to do bridge repairs, they wouldn’t get their road work done and they are already behind. If the work is contracted out, how is the County saving money? Steffensmeier said he cannot think of a closed bridge that would be feasible to repair temporarily. Commissioner Haverty said he will schedule a workshop for the three Commissioners and the Highway Superintendent within the next 2 to 3 weeks so they can compile a priority list for bridge repairs/replacements.

 

Jim Gress, County Sheriff, came before the Board to request permission to advertise for two new patrol vehicles. He would like to replace two old pickups (a 2000 model and a 2002 model) with two new pickups. He will advertise for bids with the option for trading-in the old models. Gress noted that the Courthouse Custodian was interested in keeping one to use when hauling equipment and materials to and from county buildings or storage units. He also could use it to run county errands. Commissioner Schroder made a motion, seconded by Commissioner Kreifels to grant Sheriff Gress permission to advertise for bids for the purchase of two patrol vehicles. 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.

 

Jackie Smith, County Treasurer, requested the release of a pledged security with Countryside Bank, Unadilla, in the amount of $200,000. She said there would be no replacement since there is no money invested in the bank at this time. Commissioner Schroder made a motion, seconded by Commissioner Kreifels to adopt Resolution 2008-57 approving said transaction. 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.

 

Ms. Smith reported that distress warrants amounting to a total of $51,404.36 were delivered to the County Sheriff on November 1st.  This total reflects the amount of taxes that are delinquent. By statute, it is the Sheriff’s obligation to attempt to collect them.

 

Kevin Turner and Skip and Monica Welsh came before the Board to ask what the County’s intentions are to implement keno in the County now that the issue has been approved by a majority vote in the General Election. Turner said he has been working with the Gaming Commission and would like to be the County’s keno operator. The Welshs, who own and operate Table Creek Golf Course, would like to offer keno in their establishment. Turner said the County would need to approve Table Creek as a keno site and then contract with an operator to conduct the lottery. He gave Chairman Haverty a listing of provisions to consider when selecting an operator. The operator will bid the amount of percentage for prize payout, the amount of percentage given to the County, and the amount retained by the operator. There are limitations as to how much is paid out, how much the operator can make, etc. Quarterly and annual audits will be required. He said he had sample contracts available if the Board would like him to bring one to the next meeting. He said the Welshs would like to begin Keno in January of 2009. Commissioner Haverty asked him if there was more than one operator in Nebraska. If so, he said the County is obliged to solicit RFPs (Requests for Proposals). Turner said he could provide a sample RFP for the County to use when advertising. Commissioner Haverty said he would confer with the County Attorney to ensure that the County is following all state regulations.  

 

A public hearing was held to hear support or objections to the issuance of a wholesale liquor license to Jerry W Wurtele Distributing Inc. There was no one at the hearing to represent Wurtele Distributing; however, Commissioner Haverty said that by his personal experience, Mr. Wurtele operates a reputable business with his wholesale beer license. The County Clerk added that she spoke with one of the managers at Wurtele Distributing who said the Budweiser Corporate Office has recommended that wholesalers obtain a Wholesale Liquor License for beverages other than beer that are bottled by Budweiser. Wurtele does not distribute any other beverages at this time, but the license would be in place if or when the occasion arises. Commissioner Schroder made a motion, seconded by Commissioner Kreifels to make a recommendation to the Nebraska Liquor Control Commission that they issue a Class X Wholesale Liquor License to Jerry W Wurtele Distributing as requested by Jerry W Wurtele. 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.

 

Bill Harvey introduced himself as the general counsel for Big Red Keno. He was accompanied by Katrina Coffey, Vice President of Marketing, Sales, and Community Relations for Big Red Keno. Mr. Harvey said Big Red Keno is the largest operator in the State. They were recently awarded the contract for conducting keno in the City of Norfolk where they had the game up and running in 21 days. They focus on maximizing revenue for the political subdivision sponsoring the lottery. Pay out percentage is bid through an RFP - a higher percentage given to the County results in a lower percentage paid out to the winner. He said he would provide a sample RFP for the County’s use. Ms. Coffey said they prefer to hire someone local to manage all operations. County proceeds must be used for community betterment. Chairman Haverty said they will review both sample RFPs and customize one for Otoe County; then solicit bids.

 

Bernard Kreifels, came before the Board to request a reimbursement for the money he spent on legal fees regarding water release from a NRD dam constructed on his property in 2002. A water rights dispute began in December of 2006 when Duane Teten asked that water be released from the dam reservoir to water his cattle downstream when Sandy Creek froze over. After months of arguments and research, the issue was finally resolved in April of 2008 when the County signed a document drawn up by the Nebraska Dept of Natural Resources to change the ownership of water release rights from the County to the landowners, that being Howard, Lucille and William Howard Bebout and Bernard and David Kreifels. The amount he is seeking is $965.00. Otoe County Attorney, David Partsch, said he met with Kreifels’ attorney, Bill Davis, to review the billing statement sent to Kreifels. He recommended that the County not pay the fees. Generally, legal fees are not recoverable, unless specifically provided for by statute or allowed by custom. He said Mr. Kreifels’ issues in this particular circumstance were not only with Otoe County, but were also with the Nemaha Natural Resources District and the Nebraska Department of Natural Resources. Mr. Kreifels said this problem began when the Water Permit was issued to the County Hwy Supt. He didn’t know about this permit, until Mr. Teten requested the release of water. The Nebraska Dept of Natural Resources said the permit should not have been issued to the County, but to the landowner. Mr. Kreifels said Jeff Funke, who was the County Attorney when he first filed a dispute with the County, did not investigate the law when this all began, so he blames the County for causing him to hire an attorney to get this corrected. He said he has already donated the land and now it’s costing him more money. Commissioner Haverty asked Mr. Kreifels if he had an attorney look at the contract before he signed it. He replied that he did, but he said the County did not honor the original contract. Commissioner Haverty said maybe both attorneys should have researched the matter deeper if the water permit was not addressed in the contract, however, he still does not feel the County should have to pay for Kreifels’ legal fees.  Commissioner Haverty said the Board has the responsibility to oversee how county money is spent and does not feel this request is justifiable. Commissioner Schroder made a motion, seconded by Commissioner Haverty to agree with County Attorney Partsch’s recommendation to deny reimbursement to Mr. Kreifels in the amount of $965 for attorney fees incurred. Chairman Haverty asked for further discussion. Ruth Dalton suggested that Mr. Kreifels negotiate the legal fees with his attorney to see if they might be reduced. There being no further discussion, Chairman Haverty called for a vote by roll call. Voting- Commissioner Kreifels abstained due to the fact that she felt she was not well informed on the matter since she was not a County Commissioner when this issue was being disputed; Commissioners Schroder and Haverty voted aye. 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, Commissioner Schroder made a motion, seconded by Commissioner Kreifels to adjourn the meeting, until the next one, which will be on November 25, 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 10th day of November 2008.

 

 

 

 

Janene Bennett

Otoe County Clerk

 

 

 

 

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.

 

 

November 10, 2008

 

The Otoe County Board of Commissioners convened in regular session at 8:30 a.m. on November 10, 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 -- 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.

 

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

 

As discussed at the previous meeting, Nemaha County is requesting that Otoe County enter into an interlocal agreement whereby both counties would share costs for the replacement of Bridge #C006410210 located on the Nemaha and Otoe County line road between Otoe County Roads 52 and 54. Nemaha would be the lead county because the bridge is listed on their inventory. The bridge was closed last spring when the State conducted fracture critical inspections. Steffensmeier said the bridge has rusted plates and pilings indicating a failing condition. He said Otoe County’s share would be about $30,000 which is 7 ½ % of the total cost. Steffensmeier recommended that Otoe County sign the interlocal agreement so that Nemaha County can proceed with procuring an engineer and obtaining the necessary permits. He said it will be at least 2 years before the bridge is built, depending on the availability of highway trust funds. Commissioner Schroder made a motion, seconded by Commissioner Kreifels to authorize Chairman Haverty to sign the interlocal agreement with Nemaha County regarding the federal aid project to replace Bridge #C006410210 on the county line. 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.

 

Last week, Commissioner Haverty and Supt Steffensmeier attended a meeting regarding construction of a proposed overpass at the intersection of Highways 75 and 2 south of Nebraska City. Steffensmeier said the beginning construction date has been backed up to 2014. He showed Board Members a copy of the plan which included a map of the proposed changes. It indicated the construction of an access road beginning at S 63rd Rd; then running south of the VF Mall and as far east as the Winery. There will be no left hand turns onto the beltway from S 3rd St, S 63rd Rd, or Kearney Hill Road. The plans will be kept on file at the Highway Superintendent’s office.

 

Steffensmeier said Titan Machinery bought out Midland Equipment which was the Case implement dealer. The warranty for the County’s Case Motor Grader will expire in the summer of 2009. He said all parts and services will be handled by Titan and all billings will still be handled by CNH.

 

Steffensmeier reported that he will be working on bridge inspections for the next few weeks. He must have a report submitted to the NDOR by December 31st. There are 118 bridges on the roster, but the State Inspectors have already performed complete inspections on 20 of them. He plans to do a brief inspection on these 20 bridges. Commissioner Kreifels asked Steffensmeier if he could provide the Board with a bridge report that would include the location, condition, and plans for repairs and/or replacements of all bridges in Otoe County. James Cook, who was in the audience, asked Steffensmeier if he had a laptop for bridge inspections. Steffensmeier said he was provided a laptop by the NDOR, but he does not take the laptop to each bridge site. He downloads an inspection form for each bridge and marks the sheet as he performs the physical inspection; then he enters the data on his desk top computer. In this way he has a paper trail and hard copies of each inspection in the event the data would be lost on a computer. He also takes pictures of each site and downloads them onto the computer as well. This information can then be exported to the NDOR.

 

James Cook appeared before the Board to ask questions about a bridge that has recently been closed on S Road (Nemaha/Otoe County line road) between Roads 68 and 70. Cook said he now must drive 8 miles around to take care of his livestock. It would be more convenient if he could use a minimum maintenance road that is on the Nemaha County side of the county line road. He said in 1996, the Otoe County Bridge Crew put in new piling and a head wall. But now, the piling is not touching on one corner. Steffensmeier said he and Engineer, Mark Mainelli, looked at the bridge last spring. The piling was installed only about 5 feet deep before it hit bedrock and the south pier appears to be settling. A heavy rain could wash it out. Cook questioned, “Without a bridge crew, who is going to fix it and when?” Steffensmeier said since there is a structural component involved on this bridge. It will need to be engineered and put out for bids; it can’t be fixed by county employees. Replacing it could take years. Cook felt that the money that is being spent on engineering could be spent on temporary repairs. Cook said if the bridge crew was still on payroll, they could at least fix it temporarily. Commissioner Kreifels said the Board plans to study a report of bridges that are closed; then prioritize repairs/replacements on a most needed basis. Cook was told that if Nemaha County was willing to cost share in rocking the minimum maintenance road, Otoe County would pay a portion also.

 

Cook questioned Steffensmeier on his plans for other bridges as well. Steffensmeier said some will be replaced with tubes or box culverts. He said a lot of these bridges should have been replaced over the years. Now they are older and weaker; more permits are being required and they will take more money to fix or replace. There is no soft match credit to apply to federal aid projects and not enough money in the county budget. Commissioner Kreifels said we need to determine which ones can be fixed and which ones are beyond repair and need to be replaced. Steffensmeier said it is not feasible or practical to put in a box culvert at Cook’s bridge site. The current bridge is 50-60 foot long bridge and there is too much water flow. Commissioner Haverty said Cook’s bridge cannot be repaired by a bridge crew because it needs to be engineered. With so many bridges closed and so many people wanting them opened, the County Board needs to determine which ones need attention first. He feels that money spent on temporary fixes might be a waste when it could be applied to new bridges. Ruth Dalton commented that if the County’s road crew were assigned to do bridge repairs, they wouldn’t get their road work done and they are already behind. If the work is contracted out, how is the County saving money? Steffensmeier said he cannot think of a closed bridge that would be feasible to repair temporarily. Commissioner Haverty said he will schedule a workshop for the three Commissioners and the Highway Superintendent within the next 2 to 3 weeks so they can compile a priority list for bridge repairs/replacements.

 

Jim Gress, County Sheriff, came before the Board to request permission to advertise for two new patrol vehicles. He would like to replace two old pickups (a 2000 model and a 2002 model) with two new pickups. He will advertise for bids with the option for trading-in the old models. Gress noted that the Courthouse Custodian was interested in keeping one to use when hauling equipment and materials to and from county buildings or storage units. He also could use it to run county errands. Commissioner Schroder made a motion, seconded by Commissioner Kreifels to grant Sheriff Gress permission to advertise for bids for the purchase of two patrol vehicles. 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.

 

Jackie Smith, County Treasurer, requested the release of a pledged security with Countryside Bank, Unadilla, in the amount of $200,000. She said there would be no replacement since there is no money invested in the bank at this time. Commissioner Schroder made a motion, seconded by Commissioner Kreifels to adopt Resolution 2008-57 approving said transaction. 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.

 

Ms. Smith reported that distress warrants amounting to a total of $51,404.36 were delivered to the County Sheriff on November 1st.  This total reflects the amount of taxes that are delinquent. By statute, it is the Sheriff’s obligation to attempt to collect them.

 

Kevin Turner and Skip and Monica Welsh came before the Board to ask what the County’s intentions are to implement keno in the County now that the issue has been approved by a majority vote in the General Election. Turner said he has been working with the Gaming Commission and would like to be the County’s keno operator. The Welshs, who own and operate Table Creek Golf Course, would like to offer keno in their establishment. Turner said the County would need to approve Table Creek as a keno site and then contract with an operator to conduct the lottery. He gave Chairman Haverty a listing of provisions to consider when selecting an operator. The operator will bid the amount of percentage for prize payout, the amount of percentage given to the County, and the amount retained by the operator. There are limitations as to how much is paid out, how much the operator can make, etc. Quarterly and annual audits will be required. He said he had sample contracts available if the Board would like him to bring one to the next meeting. He said the Welshs would like to begin Keno in January of 2009. Commissioner Haverty asked him if there was more than one operator in Nebraska. If so, he said the County is obliged to solicit RFPs (Requests for Proposals). Turner said he could provide a sample RFP for the County to use when advertising. Commissioner Haverty said he would confer with the County Attorney to ensure that the County is following all state regulations.  

 

A public hearing was held to hear support or objections to the issuance of a wholesale liquor license to Jerry W Wurtele Distributing Inc. There was no one at the hearing to represent Wurtele Distributing; however, Commissioner Haverty said that by his personal experience, Mr. Wurtele operates a reputable business with his wholesale beer license. The County Clerk added that she spoke with one of the managers at Wurtele Distributing who said the Budweiser Corporate Office has recommended that wholesalers obtain a Wholesale Liquor License for beverages other than beer that are bottled by Budweiser. Wurtele does not distribute any other beverages at this time, but the license would be in place if or when the occasion arises. Commissioner Schroder made a motion, seconded by Commissioner Kreifels to make a recommendation to the Nebraska Liquor Control Commission that they issue a Class X Wholesale Liquor License to Jerry W Wurtele Distributing as requested by Jerry W Wurtele. 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.

 

Bill Harvey introduced himself as the general counsel for Big Red Keno. He was accompanied by Katrina Coffey, Vice President of Marketing, Sales, and Community Relations for Big Red Keno. Mr. Harvey said Big Red Keno is the largest operator in the State. They were recently awarded the contract for conducting keno in the City of Norfolk where they had the game up and running in 21 days. They focus on maximizing revenue for the political subdivision sponsoring the lottery. Pay out percentage is bid through an RFP - a higher percentage given to the County results in a lower percentage paid out to the winner. He said he would provide a sample RFP for the County’s use. Ms. Coffey said they prefer to hire someone local to manage all operations. County proceeds must be used for community betterment. Chairman Haverty said they will review both sample RFPs and customize one for Otoe County; then solicit bids.

 

Bernard Kreifels, came before the Board to request a reimbursement for the money he spent on legal fees regarding water release from a NRD dam constructed on his property in 2002. A water rights dispute began in December of 2006 when Duane Teten asked that water be released from the dam reservoir to water his cattle downstream when Sandy Creek froze over. After months of arguments and research, the issue was finally resolved in April of 2008 when the County signed a document drawn up by the Nebraska Dept of Natural Resources to change the ownership of water release rights from the County to the landowners, that being Howard, Lucille and William Howard Bebout and Bernard and David Kreifels. The amount he is seeking is $965.00. Otoe County Attorney, David Partsch, said he met with Kreifels’ attorney, Bill Davis, to review the billing statement sent to Kreifels. He recommended that the County not pay the fees. Generally, legal fees are not recoverable, unless specifically provided for by statute or allowed by custom. He said Mr. Kreifels’ issues in this particular circumstance were not only with Otoe County, but were also with the Nemaha Natural Resources District and the Nebraska Department of Natural Resources. Mr. Kreifels said this problem began when the Water Permit was issued to the County Hwy Supt. He didn’t know about this permit, until Mr. Teten requested the release of water. The Nebraska Dept of Natural Resources said the permit should not have been issued to the County, but to the landowner. Mr. Kreifels said Jeff Funke, who was the County Attorney when he first filed a dispute with the County, did not investigate the law when this all began, so he blames the County for causing him to hire an attorney to get this corrected. He said he has already donated the land and now it’s costing him more money. Commissioner Haverty asked Mr. Kreifels if he had an attorney look at the contract before he signed it. He replied that he did, but he said the County did not honor the original contract. Commissioner Haverty said maybe both attorneys should have researched the matter deeper if the water permit was not addressed in the contract, however, he still does not feel the County should have to pay for Kreifels’ legal fees.  Commissioner Haverty said the Board has the responsibility to oversee how county money is spent and does not feel this request is justifiable. Commissioner Schroder made a motion, seconded by Commissioner Haverty to agree with County Attorney Partsch’s recommendation to deny reimbursement to Mr. Kreifels in the amount of $965 for attorney fees incurred. Chairman Haverty asked for further discussion. Ruth Dalton suggested that Mr. Kreifels negotiate the legal fees with his attorney to see if they might be reduced. There being no further discussion, Chairman Haverty called for a vote by roll call. Voting- Commissioner Kreifels abstained due to the fact that she felt she was not well informed on the matter since she was not a County Commissioner when this issue was being disputed; Commissioners Schroder and Haverty voted aye. 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, Commissioner Schroder made a motion, seconded by Commissioner Kreifels to adjourn the meeting, until the next one, which will be on November 25, 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 10th day of November 2008.

 

 

 

 

Janene Bennett

Otoe County Clerk