NOTICE OF MEETINGS
NOTICE
IS HEREBY GIVEN that the Otoe County Board of Commissioners will convene as the
Board of Equalization at 8:25 a.m. on November 24, 2009. The Otoe
County Board of Commissioners will convene in regular session at 8:30 A.M. on
November 24, 2009. Both meetings will be held in the
AGENDA FOR THE BOARD OF EQUALIZATION MEETING
8:25 a.m. – Open meeting, Roll Call, Open
Meetings Act Posted, Accept Agenda, Accept Minutes from
previous
meeting
Therese Gruber,
*****************************************************************************************************************************
AGENDA OF THE
REGULAR MEETING
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
8:40 a.m. – Steve Zimmers,
Extension Educator: Activity Report
8:45 a.m. – Dave Schmitz, Zoning
Administrator:
Public Hearing to vacate
S10-T7-R12 as requested by Ronald and Mary
Beth Grundman; site address –
Discussion and/or action to approve
Public Hearing for issuance of
Conditional Use Permit to erect a communication tower on tract
Located in the W ½ NE ¼ S14-T8-R12 as
requested by Eugene Carroll for Viaero Wireless;
Site located Southwest
of old school building; Discussion and/or action to approve
Public Hearing to approve the C.
Stephenson Subdivision located in the SW ¼ S17-T8-R12
(northeast corner of
Intersection J-38) as requested by Kenneth and Barbara Lamb;
Discussion and/or action to approve
9:00 a.m. – Safety inspections report
9:15 a.m. -- Rena Holben,
SENCA: Quarterly Report
9:30 a.m. – Stephanie Schrader, NCAEDC:
Financial Report
9:35 a.m. – Lynn Denniston, Lead Supervisor:
Road and Bridge matters
1) Discussion
and/or action to purchase & install snow blade on 2008 1 ton truck
2) Discussion
and/or action RE: Tree, brush and fence policy in county road right of way
3) Discussion
and/or action RE: Remaining FEMA projects
4) Miscellaneous
Other business matters to
address when time allows:
Discussion and/or action RE:
Carpet/Tile at the Sheriff’s Office
Miscellaneous Correspondence and other
matters that may come before the Board
Janene Bennett
Otoe
The
Individuals requiring physical or sensory
accommodations, including interpreter service, Braille, large print or recorded
materials, please contact Janene Bennett,
November 24, 2009
The Otoe County Board of Commissioners convened in regular session at
8:30 a.m. on November 24, 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 Crook 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 Freshman made a motion, seconded by Commissioner Crook 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 as prepared. 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.
Steve Zimmers, Otoe County Extension Educator,
gave a report of his latest activities and upcoming events. Zimmers
said he is looking for two people to fill the vacancies on the County Extension
Board. He will present a list of recommended appointees at a December meeting,
but it is the
Margaret Spires approached Commissioner Crook to ask the County to
donate a bridge that could be placed in the
Chairman Nelsen opened a public hearing to hear support or objections to
vacate
Chairman Nelsen opened a public hearing to support or objections to the
issuance of a Conditional Use Permit to erect a communication tower on a tract
of land located in the W ½ NE ¼ S14-T8-R12 as requested by Eugene Carroll,
representing Viaero Wireless. Mr. Carroll said the
tower site was chosen to transmit signals between towers in
Terry Petersen, who is an adjacent
neighbor of the proposed site, said he was not opposed to the tower itself, but
was opposed to having it placed only 312 feet from his property line. He
suggested that it be placed on the next ridge to the west. But if that was not
possible, he asked that the tower be erected 330 feet from his property line
plus another 25 feet set back. He said he originally purchased the property to
develop it, but said there are too many problems with the terrain. However, he
may sell it in the future to someone who could build a house there.
Chairman Nelsen said he
thought the zoning regulations stated that the fall down zone should be the
same distance as the height of the tower, which is 330 feet.
Zoning Administrator, Dave
Schmitz, said the Planning Commission approved the Conditional Use Permit to
erect the tower following Transitional Ag Regulation Article 502.05 Section 6 -
a tower shall be set back from the right-of-way line of any public roadway or
from any adjoining dwelling by a distance equal to or exceeding the height of
the tower; it does not restrict the distance from a property line. However, Chairman
Nelsen was still concerned that the tower would be built within 330’ of a buildable lot.
Carroll said the tower was
engineered with a breakpoint, so the fall zone is 280 feet – less than the 330
feet height. Carroll said he read the County’s zoning regulations before selecting
the tower site and he has followed all the setback requirements.
Peterson said the tower may
have a break away point design, but there is no full proof guarantee that the
tower will break at 280 feet.
Chairman Nelsen questioned
whether a certified engineering stamp was like a guarantee. Carroll replied
that the engineer has guaranteed the design to his company. None of the towers
have fallen since he has been with the company.
Chairman Nelsen closed the
public hearing and opened discussion among the Commissioners. Commissioner Lade
said he would like to see the tower placed 330 feet from the Petersen property
and asked if it could be moved.
Carroll said if the tower was moved,
the lot line would have to be moved.
Commissioner Nelsen agreed -
if the tower was moved 18’ to the west, the 330 feet property line distance
would be satisfied to the north and east. He was not worried about a fall zone
to the southwest because it is just pasture and there are no setback
restrictions for land.
Commissioner Lade said he
didn’t think the landowner would be opposed to moving the lot line 18 feet.
Commissioners Crook and
Kreifels agreed that whatever decision was made today would set a precedent affecting
future tower placements throughout the entire county.
Commissioner Nelsen made a motion,
seconded by Commissioner Lade to grant a Conditional Use Permit to Viaero Wireless with the following conditions: the tower
shall be moved 18 feet to the west of the present proposed site since it is the
Board’s desire that the tower should be situated so that distance from any
property line equals the height of the tower; and Viaero
shall allow the County to install emergency communication equipment on the
tower. 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 Nelsen made a
motion, seconded by Commissioner Freshman to ask the Planning Commission to
address the height issue of towers so that the distance from property lines
must be equal or greater than to the height of the tower which is the same
restriction for dwellings or public right-of-way. 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.
Chairman Nelsen opened the public hearing to hear support of objections
to the approval of C. Stephenson Subdivision located in the SW ¼ S17-T8-R12 as
requested by Kenneth and Barbara Lamb. There being no comments, Chairman Nelsen
closed the public hearing. Dave Schmitz said the property is being subdivided
for new house construction. The Lambs are requesting two driveway permits so
that they can build a circle drive with one of the entrances being on a dirt
road. The County will provide a culvert for the main road entrance and the
owner will need to furnish the rock to his driveway on the dirt road if it is
determined that the road is classified as “minimum maintenance”. Commissioner
Lade made a motion, seconded by Commissioner Freshman to authorize the Chairman
to sign the plat map for C. Stephenson Subdivision as requested by Kenneth and
Barbara Lamb. 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.
Jan Reed, Secretary for the Otoe County Safety Committee, came before
the Board to give inspection and safety meeting reports. On November 6th
a Safety Meeting was held for the employees in the courthouse when two films
were shown – “Working Safely in the Office” and “Eye Protection”. A similar
meeting was held for the road department employees on November 19th.
She said the employees seemed to be interested in learning safety tips and
procedures, so she recommended that the biennial meetings continue next year.
Regarding safety inspections, she said the
Stephanie Schrader, Executive Director for the Nebraska City Area,
Economic Development Corporation (NCA EDC), appeared before the Board to give a
quarterly report of its latest activities and progress. She noted the agency
recently changed its name to better identify the area they are serving. In
addition, they have moved to
Rena Holben, Director for Southeast Nebraska
Community Action Agency (SENCA) gave an updated report of its summer and fall
activities. In June, they sponsored the 3rd Annual Golf Tournament.
Proceeds are used to fund programs that help the needy such as rental and
utility assistance, food banks, and offering educational courses on cooking,
budgeting, etc. Currently, she is working on the Holiday Wish List, seeking
individuals or organizations who will donate gifts or money for needy families
this Christmas season. Commissioner Nelsen suggested that she extend this
program to include other communities in the county.
Lead Supervisor, Lynn Denniston and Engineer
Consultant, Jeff Wagner, were available to discuss road and bridge matters.
Denniston
said his old pickup that was equipped with a snow plow has been moved to the Syracuse
Shop, leaving the
Chairman Nelsen called for a brief recess at 9:47 a.m. so that board
members could review the two quotes. At 10:00 a.m. the meeting resumed with all
members being duly noted as present.
Denniston said the main difference in the quotes was
in the air bags – Hiniker requires them and Boss
doesn’t, making the Hinker snow plow more expensive.
Commissioner Freshman made a motion, seconded by Commissioner Lade to accept
the proposal from Omaha Standard and to purchase a Boss V-Plow for the quoted
price of $5,545. 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 he has been receiving many complaints about the
brush & trees overhanging into road right-of-way. So he researched county
records and state statutes addressing this problem. In 2001, the County adopted
a resolution stating that the County would use the same lateral obstacle
clearance guidelines as those established by the Board of Public Roads Classification
& Standards. In accordance with state statute 39-1812 & 39-1813 it is
the responsibility of each landowner to keep trees, brush, fences, etc from
obstructing road right-of-way; thereby causing a public nuisance. If the
landowner neglects his duty, the
At the October 27th meeting, the County accepted a quote from
Champion Construction in the amount of $3,590 to install new flooring in the
jail facility. Commissioner Freshman said Champion is not able to do the work
due to a medical problem and has withdrawn the proposal. Therefore,
Commissioner Freshman made a motion, seconded by Commissioner Kreifels to
accept the quote from the only other vendor who submitted a proposal, Shipley
Flooring, in the amount of $4,558.84. 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 Freshman obtained two proposals to build a wall of cabinets
and install a door to separate the dispatch room from the secretarial office in
the jail facility. Tim Engel Construction submitted a quote of $2135; Champion
Construction’s proposal was $1480. Commissioner
Freshman made a motion, seconded by Commissioner Crook to accept the proposal from
Champion Construction in the amount of $1480. There being no further
discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Lade,
Crook, Kreifels, Freshman and Lade. Nay – none. Motion
carried.
Chairman Nelsen noted that Jonathan Brinkman has passed the first and second
phases of the “responsible charge” courses and should receive his certification
the first week of December. A second employee, Chad Watkins, has also started
the online classes to get certified.
Engineer Consultant, Jeff Wagner, reported that he inspected the closed
bridge near Intersection S-40 which is located on the Johnson/Otoe County line
road and said it looks like it needs extensive repair. He will work up an
estimate to split the cost between the two counties.
Commissioner Lade reported on the construction progress of the new
Chairman Nelsen noted that all board members will be attending the NACO
convention in
Upon adjournment, board members will make their quarterly visit to the
jail facility.
At 10:28 a.m. Commissioner Nelsen made a motion, seconded by
Commissioner Freshman to go into executive session to discuss the terms being
negotiated with FEMA regarding the 2007 and 2008 disaster payments. Voting aye
were Commissioners Crook, Kreifels, Freshman, Nelsen
and Lade. Nay – none. Motion carried. The
At 11:04 a.m. Commissioner Nelsen made a motion, seconded by
Commissioner Freshman to go back into regular session. Voting aye were Commissioners
Freshman, Nelsen, Lade, Crook and Kreifels. Nay – none. Motion carried. No
action was taken while in executive session.
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 Nelsen
made a motion, seconded by Commissioner Kreifels to adjourn. Voting aye were
Commissioners Nelsen, Lade, Crook, Kreifels and Freshman.
The next regular meeting will be held on December 8, 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 24th
day of November 2009.
Janene Bennett
Otoe