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 November 25, 2008, 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 ___________________________________ November 25, 2008

       

       

 

         8:30 a.m. -- Open Meeting; call roll; accept agenda; accept minutes from  

                                previous meeting; audit and sign payroll claims and regular claims

        

         8:45 a.m. – Public Hearing to hear support or objections to vacating a portion of S 72nd Road located between

                              Roads P and R in sections 30 and 19, Township 7, Range 15

        

         9:00 a.m.  – Gregg Goebel, Emergency Management Director: Discussion and/or action RE: a Local

                               Emergency Operation Plan (LEOP); Discussion and/or action RE: Communication Equipment

 

         9:15 a.m. – David Schmitz, Zoning Administrator: Discussion and/or action RE: Independent Contract Renewal

                                  with Schmitz Land Surveying for zoning administration services

 

         9:20 a.m. -- Glen Steffensmeier, Highway Supt: Discussion and/or action regarding road and bridge matters

a)      Discussion and/or action RE: 911 addressing

b)      James Cook: Discussion and/or action RE: Inspection and engineering report for

Bridge #53860 located west of Intersection S-70

c)      Miscellaneous

 

       10:00 a.m. – Discussion and/or action: Workshop regarding prioritization of bridge projects

                             (No public comment will be permitted)

        

       

                               

      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.        

 

 

November 25, 2008

 

The Otoe County Board of Commissioners convened in regular session at 8:30 a.m. on November 25, 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 at least three public places including 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.

 

At 8:45 a.m. a public hearing was held for the purpose of hearing support or objections to the vacation of a portion of S 72nd Road located between Roads P and R in sections 30 and 19, Township 7, Range 15. The hearing was opened by Chairman Haverty. The following comments were made:

 

Bob Caldwell with JMA Farms said he was one of the landowners who organized the petition drive to have the road vacated. He listed several reasons for making the request: no one lives on the road; all adjacent landowners agree they would like to have the road vacated; vandals and hunters tear up the road when it’s muddy; there have been problems with vandalism to their gates, signs and storage sheds; and the County would save money by not having the responsibility to maintain the road. He felt vacating this road was a win-win situation for everybody involved. Commissioner Haverty asked him how they intended to control or limit access to the area. Caldwell said they would install a padlocked gate across both ends of the road and provide keys to the landowners. The road is a little over a mile long and impassable much of the year.

 

Doc Gigstad commented that he has been a taxpayer in Otoe County for over 50 years and disagrees with the County closing any road. He thinks a road should be accessible to all taxpayers. This is beautiful area, especially in the fall. Closing a road stops future development. Gigstad also serves on the Rural Water District Board and from the Water District’s standpoint he said they submitted a letter earlier expressing a unanimous opinion that the road should be left open.

 

David Rowen, one of the adjacent landowners, said his grandparents used to live on that road. He would like to build a cabin there someday, but he’s afraid vandals would destroy it. When Commissioner Schroder questioned who would maintain the road, someone replied that John Crook (one of the landowners) would probably grade the road with his own tractor and blade.

 

Bob Trail said he owns land on both sides of the road; the bluff ground on the west is mostly timber and very steep; the bottom ground to the east is in a permanent government program.

 

Ed Rowen, who is the maintenance operator for the Rural Water District, was concerned whether he would have access to the water line. Caldwell said a padlock key would be provided to all utilities in addition to the landowners. As a Real Estate Attorney, Mr. Caldwell said there would be an easement filed with the Register of Deeds specifying ingress and egress rights.

 

Gigstad asked if the landowners intend to grant permission to individuals who may want to enjoy rights on their property to which he replied “yes”. There being no further comments, Chairman Haverty closed the public hearing and asked for a motion. Commissioner Kreifels made a motion, seconded by Commissioner Haverty to vacate the portion of S 72nd road lying between Roads P and R in Sections 30 and 19, Township 7, Range 15 as requested by those landowners submitting a petition for vacating said road.  There being no further discussion, Commissioners Haverty called for a vote. Voting aye were Commissioners Kreifels, Schroder and Haverty. Nay – none. Motion carried. A resolution will be drawn up to officially vacate said portion of roadway which will include a detailed legal description.

 

Gregg Goebel, Emergency Management Director, presented the Board with a Local Emergency Operation Plan (LEOP) that was compiled under the guidance of FEMA regulations and the approval of NEMA. Goebel said it is a standard document that will be adopted by all 93 counties in Nebraska. This document has several additions this year including sections on debris management, terrorism, mass vaccinations, hazmat cleanup and flooding. He worked with the Fire Districts, Villages, Law Enforcement Officials and other local governing agencies to compile the information. The final step is to have the County Board accept the LEOP by adopting a resolution to do so. Commissioner Schroder made a motion, seconded by Commissioner Kreifels to adopt Resolution 2008-58 approving the Local Emergency Operation Plan (LEOP) as compiled and presented by Mr. Goebel. There being no further discussion, Commissioners Kreifels, Schroder, and Haverty voted aye. Nay – none. Motion carried.

 

Goebel then presented the Board with an Equipment Request Report in the amount of $29,553.09 that was approved by the Communications Committee detailing expenditures from the Homeland Security Grant funds. The money is being spent for the purchase of radios, repeaters and other equipment necessary for a communication system. When all of the equipment is installed, every fire, rescue, and emergency entity within the County will be able to communicate directly with each other since they will be able to do simulcast broadcasting. He anticipates a completion date in March of 2009.

 

David Schmitz was unable to attend today’s meeting due to illness. The County Clerk presented the Board with an Independent Contractor Agreement that was previously reviewed and approved by County Attorney, Dave Partsch. By entering into the agreement, Schmitz Land Surveying will continue to perform the duties of the County Zoning Administrator for two more years, at which time the agreement will be considered again for renewal. Commissioner Kreifels made a motion, seconded by Commissioner Schroder to authorize Chairman Haverty to sign and enter into said agreement with Schmitz Land Surveying who agrees to perform the duties of the County Zoning Administrator through January 1, 2011. There being no further discussion, Chairman Haverty called for a vote. Voting aye were Commissioners Schroder, Haverty and Kreifels. Nay – none. Motion carried.

 

Last August, Larry Ossowski, Director of Blue Rivers Area Agency on Aging, had requested a $10,000 matching donation to purchase a $50,000 Handi-bus that would be used in the Syracuse area. It was suggested then that he seek contributions from local foundations, but has been unsuccessful. Now he is asking again for financial assistance so that he can submit an application for a $40,000 grant. Commissioner Haverty said the Handi-bus provides transportation mostly for the elderly and disabled. Passengers are charged a $1.50 pick-up fee each time they get on the bus. If they travel out of town they are charged a greater fee. Commissioner Schroder made a motion, seconded by Commissioner Kreifels to donate $5,000 to Blue Rivers to be applied toward the purchase of the new Handi-bus; said donation to be paid from the Inheritance Tax Fund. There being no further discussion, Chairman Haverty called for a vote. Voting aye were Commissioners Haverty, Kreifels, and Schroder. Nay – none. Motion carried.

 

Miscellaneous correspondence was read by the County Clerk. She reported receipt of a letter from Al Brandt, Assistant Director of NEMA as official notification that the hold on all the Homeland Security Grant funds has been removed and the County may proceed with spending since satisfactory corrective actions were taken to rectify bookkeeping deficiencies.

 

Two e-mails were received, one from Pam Lancaster and one from Steve Erdman, soliciting support for their election to NACO (Nebraska Association of County Officials) offices. The election will be held at the NACO convention in December.

 

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

 

With the termination of Lynn Denniston, Steffensmeier was asked to be in charge of the 911 addressing. This job includes using a measuring device to determine a house number, calling Diggers’ Hotline before installing the post and sign, and providing the information to the County’s 911 data base. He said he doesn’t like the idea of measuring to the front door of a house and suggested using the driveway as the point of measurement. He felt it would be more accurate for fire & rescue personnel to find a residence in an emergency. Other questions were raised. James Cook questioned whether vacant sites or farm buildings could be assigned an address. Polhman replied that an address is assigned anytime someone requests one, such as at a bin site where an accident could occur. Steffensmeier also suggested ordering blank signs and affixing numeral decals after the address number is assigned. This would save time and money by being able to install the sign at same time the address number is determined. He also said using 18” high intensity signs would be a little more expensive, but would last longer; they won’t fade and are more visible at night. Commissioner Haverty said he preferred using shorter signs for two reasons - they would be less likely to catch in the wind and break and they don’t stick out into roadway where they could possibly get hit by wide machinery. The County Clerk reminded Board Members that there is an adopted 911 Addressing Policy on file and suggested that they review the policy before approving any changes. 

 

James Cook came before the Board to question when was the last time an inspection was made on Bridge #53860. Steffensmeier had a report in hand dated December 4, 2007.  It indicated that the tonnage posting should be 4 ton and it needed to be day lighted; the pier was settling and they could not determine how deep they were in the ground. In 2005 the water channel was 28 feet; in 2007 the channel increased to 31 feet deep. Cook asked why the bridge wasn’t repaired or a new tonnage sign installed. Steffensmeier said he gave the bridge crew a recommendation to install the appropriate tonnage sign. Since 1989 several inspections have been made by several different people. Cook asked why this bridge has never been placed on the 1 & 6 year plan. Steffensmeier said all closed bridges, including this one, will be reviewed during the scheduled workshop later this morning. The County Board will decide which bridges need attention first.

 

Leonard and Jerry Martin did not appear as scheduled. Commissioner Kreifels asked Steffensmeier what the status was regarding the field access road used by the Martins. He said that Ron Marshall from OPPD told him OPPD is in the process of purchasing more right of way in preparation for installing additional train tracks to the power plant this spring. When the project is finished, the field road will be restored to its original condition. In the meantime, the Martins just need to contact the contractor who is doing the grade work and he will provide access to the farmers when they need to get to their fields. Steffensmeier said he left this message on Martin’s answering machine and has not heard from them.

 

Chairman Haverty called for a 10 minutes recess before commencing the bridge project workshop.

 

As noted on the agenda, a workshop was held with no public comment being permitted. Steffensmeier presented each Board Member with a list of the twenty three bridges that are currently closed. Chairman Haverty asked him to identify the FEMA bridges; the bridges that he considers to be repairable and the bridges that need replaced. Steffensmeier set up a laptop where he could show pictures of each bridge site. Commissioner Haverty said he was not concerned with a detailed damage report; he was only interested in what bridges need repair or replacement. He said they do not intend to establish priorities today. Before doing that, they need time to look at other considerations such as alternative routes; whether it is school/postal route; traffic count; the amount of work that needs to be done and the cost. Steffensmeier said box culvert and tube projects should be done first to generate soft match credit that can be applied to federal aid projects.

 

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 declared the meeting adjourned at 11:53 a.m. The next regular meeting is scheduled on December 9, 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 25th day of November 2008.

 

 

 

Janene Bennett

Otoe County Clerk