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 April 10, 2001, in the Commissioner’s Room (202) 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 APRIL 10, 2001
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. -- Discussion and/or action regarding Road & Bridge
matters
10:00 a.m. – Rep for Brite Ideas: Discussion and/or action RE:
Decorative Lighting of Courthouse
10:15 a.m. – Brian Briese, Consultant: Discussion and/or action RE:
Recommendation to award bid
for liability insurance
11:00 a.m. – Discussion and/or action RE: Personnel matters &
possible litigation
(May go into executive session)
11:30 a.m. – Convene as the Board of Equalization
Public Hearing: Permissive Exemption
Discussion and/or action RE: Protest
petitions
Other business matters to address when time allows:
Jackie Smith, Treasurer: Pledged
Securities and tax refund
Wayne Cole,
Assessor: Tax list corrections
Miscellaneous
Correspondence and other matters that may come before the Board
Janene Bennett
Otoe
County Clerk
BOARD MINUTES ARPIL 10, 2001
The Otoe County Board of Commissioners convened in
regular session at 8:30 a.m. on April 10, 2001 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. 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, Henry A Stratker. Answering
present at roll call were: Commissioner Stratker, Commissioner Giittinger, and
Commissioner Schroder. None absent.
Commissioner Schroder made a motion, seconded by
Commissioner Giittinger to accept the agenda as posted. Voting -- Commissioners Stratker, aye;
Giittinger, aye; Schroder, aye. Motion
carried.
Commissioner Schroder made a motion, seconded by
Commissioner Giittinger to accept the minutes from the previous meeting as
mailed to them and not have them read.
Voting -- Commissioners Giittinger, aye; Schroder, aye; Stratker,
aye. Motion carried.
Commissioner Schroder made a motion, seconded by
Commissioner Giittinger to audit and sign payroll claims and regular claims
unless otherwise noted. Voting --
Commissioners Schroder, aye; Stratker, aye; Giittinger, aye. Motion carried.
Bob Fleming, Highway Superintendent, Wally Pohlman
and Rich Kuenning, Road Foremen, came before the Board to discuss road and
bridge matters.
Due to a maintainer operator being absent for
medical leave, Supt Fleming asked the Board’s permission to hire LeRoy Hammers
(former county employee) as a part-time temporary to operate a road
maintainer. He would be called in to
work only when needed. Commissioner
Giittinger made a motion, seconded by Commissioner Schroder to allow Fleming to
hire Mr. Hammers on a part-time temporary basis at $11.20 per hour, the same
rate of pay he was receiving when he retired.
Voting – Commissioners Stratker, aye; Giittinger, aye; Schroder, aye. Motion carried.
Fleming noted that for the past few years, the road
department has been allowed to hire employees’ college-aged children as
part-time help for the summer. Commissioner Stratker questioned whether this
position should be advertised. The
Board will seek the County Attorney’s advice.
Bob Kerns and Harold Johnson came before the Board
to request the county’s aid in maintaining a ½ mile portion of Birch Road
leading into what is locally known as Old Wyoming Campgrounds. According to Kerns, representing the Camp
Ground Association, the road is open to the public, but the campgrounds are
not. There are currently 19 members who use the area on a year-round
basis. They have trailers set up for
weekend camping, but none are considered a resident. Kernes said that a 1953 map labeled this portion of roadway as
minimum maintenance. Johnson said that
he had built the road up several years ago and it does have a good solid base.
They presented a petition with over 135 signatures on it, asking that the road
be rocked and maintained by the County. Fleming said that he found nothing in
the County road records indicating when this road was opened; nor is there any
record of the road being closed.
Commissioner Giittinger noted that, by definition, a minimum maintenance
road should not be rocked, so the road classification would have to be changed
to local road status before any rock could be applied. Commissioner Giittinger and Supt Fleming
will meet with the association members to review the matter further before
taking any action.
David and Sherri Holland are planning to build a
home approximately 500 feet east of Intersection K-60. Presently, there is no road open beyond the
intersection. They appeared before the
Board to inquire whether the County would open a road to their building site. They were given two options. 1) The Hollands
could hire someone to build the road up to state standards and have it rocked
the first time. Thereafter, the County
would take over the maintenance of the road.
Or, 2), they could build a private driveway north of where the county
road would lie, since that is part of their newly purchased property. However, if the County should ever decide to
build a road there, the Hollands would have to give up their private drive as
county road right-of-way. The Hollands
will consider the options presented.
There was some discussion on what type of rock
should be purchased and used on the county roads. Clean road rock, no less than ¾ “ in diameter, is priced a $7.80
per ton. Road stone, no less than ¼ “
diameter, may be purchased for $7.40 per ton, while crusher run, containing
fine chips, will cost $6.85 per ton. Foreman Pohlman said that he preferred the
crusher run because when the crushed rock turned to powder and became wet, it
would form a hard crust on the road’s surface. Others felt that the crusher run
created too much dust and did not hold up as well. As a result, the roads need
to be rocked more often. The Board agreed to direct Fleming to purchase and use
the smaller road stone, believing that the county would have better roads and
save money in the long run.
It has been determined that the County Board should
advertise for bids for any services exceeding $10,000 in a given year. Therefore, sealed bids will be accepted for
the service of providing labor, a tractor and fuel to pull a county-owned drag
grader and sheep foot roller over county roads. The bids will be opened at the
April 24th meeting.
There was some discussion regarding plans to rebuild
Ivy Road leading to St. Benedict’s Cemetery.
Don and Theresa Kreifels, who are landowners on the north side of the
road, say that there is a discrepancy between the State ROW markers and the
flags that the County Surveyor has set out.
They claim that the County will be encroaching into their field if they
follow the boundary lines of the County Surveyor, Dave Schmitz. In defense, Schmitz said that he researched
the county road book and recalculated his readings to confirm that his survey
was accurate. He spoke with Gene Thomsen of the State Dept of Roads, who admits
that the state markers could be incorrect. The State has agreed to verify the
markers. The Kreifels asked to be on the agenda for the April 24th
meeting. In the meantime, they will
hire a private surveyor to resurvey the property and consult with their lawyer.
Fleming presented an Engineering Agreement and
Program Resolution regarding the replacement of Bridge #53230 just west of
Intersection P-60. Mainelli Wagner
& Associates has been hired to perform the engineering services. Estimated cost is $298,250. The County’s out-of-pocket cost will be
minimal, as the project has been accepted for federal aid and soft match
credit. Commissioner Schroder made a
motion, seconded by Commissioner Giittinger to authorize Chairman Stratker to
sign Resolution 2001-13 and the Engineering Agreement accepting the terms and
conditions for federal aid funding.
Voting – Commissioners Stratker, aye; Giittinger, aye; Schroder,
aye. Motion carried.
Doug Damme came before the Board to inquire whether
the Board had made a decision on what measures would be taken to alleviate a
drainage problem north of Intersection O-38. To properly fix the problem, the
old tube should be dug out and lowered. Commissioner Giittinger said that he
has tried to contact one of the property owners to get permission to enter onto
his property, but has had no response.
It was suggested that if the road were built up to a higher level, the
tube would not have to be laid as deep and maybe the back hoe could work from
the road without going on private property.
Commissioner Giittinger, Supt Fleming and Mr. Damme will meet at the
site to further study the situation.
A few years ago, Jody Maybee purchased property in
the Minersville area from Don Bassinger.
At that time, he was told that there used to be a county road running
from Leonard Bassinger’s house to the Minersville Road. Don Bassinger thought
the road had been closed sometime in the 1950’s. After researching the county road book, Fleming could not find
any record of this road ever being closed or abandoned. Mr. Maybee is now asking the Board’s
permission to put up a gate across the area where the road used to be. He said
that he would not put a lock on the gate.
He just wants to discourage teenagers, hunters, etc from littering and
damaging his property. Don Crunk, who lives northeast of his property line,
does not want a gate placed there.
County Attorney, Max Kelch, suggested that the County Board consider
holding a public hearing before making a decision. In this way, all interested
parties would have a chance to express their concerns.
The representative from Brite Ideas cancelled his
10:00 a.m. appointment.
Other business matters were addressed at this time.
Jackie Smith, County Treasurer, requested the
following transactions regarding pledged securities: Release pledged securities
with American National Bank, Nebraska City in the aggregate amount of $250,000
and replace them with a single pledging of $383,473.29. Commissioner Schroder
made a motion, seconded by Commissioner Giittinger to sign Resolutions 2001-14
approving said transactions. Voting –
Commissioners Giittinger, aye; Schroder, aye; Stratker, aye. Motion carried.
Ms. Smith then presented a tax refund for approval.
Commissioner Giittinger made a motion, seconded by Commissioner Schroder to
approve a tax refund for Watermeier Farms Inc, in the amount of $636.09 due to
a clerical error. Voting – Commissioner
Schroder, aye; Stratker, aye; Giittinger, aye.
Motion carried. A 7800 JD tractor that was being assessed to them should
have been assessed to the leasing company.
County Assessor, Wayne Cole, presented two tax list
corrections for approval; one regarding the “in lieu of taxes” being paid by
OPPD, and the second one regarding property that was still being assessed to a
landowner after it had been sold to the State for ROW. Commissioner Giittinger made a motion,
seconded by Commissioner Schroder to approve the tax list corrections as
presented. Voting – Commissioners
Giittinger, aye; Schroder, aye; Stratker, aye.
Motion carried.
Brian Briese, insurance consultant who was hired to
write specifications for the County’s liability/property insurance package,
came before the Board to give a brief overview of his analysis report. After making a formal study of the County’s
previous policy, he recommended an increase in coverage for various buildings
as well as workman’s comp. The only bid submitted was from Miller-Monroe Co.,
agent for Employers Mutual. Briese stated that Employers Mutual is a very good
company that can offer broad coverage and viable products for county
government. Therefore, Mr. Briese
recommended that the County award the bid for providing liability/property
insurance to Miller-Monroe Co. Commissioner Schroder made a motion, seconded by
Commissioner Stratker to award the bid to Miller-Monroe Insurance Co, for the
quoted annual premium of $106,473 with an effective policy date of April 17,
2001 and automatic renewal for the next two years. Voting – Commissioners Stratker, aye; Giittinger, aye; Schroder,
aye. Motion carried.
At 11:03 a.m. Commissioner Schroder made a motion,
seconded by Commissioner Giittinger to go into executive session to discuss
possible litigation with the County Attorney and the County Assessor. Voting – Commissioners Schroder, aye;
Stratker, aye; Giittinger, aye. Motion
carried.
At 11:43 a.m. Commissioner Schroder made a motion,
seconded by Commissioner Giittinger to go back into regular session. Voting—Commissioners Stratker, aye;
Giittinger, aye; Schroder, aye. 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,
Henry A Stratker, Chairman of the Board, declared this meeting adjourned, until
the next one, which will be on April 24, 2001.
At 11:45 a.m. a meeting for the Board of
Equalization was called to order by Chairman Henry A. Stratker. Answering present at roll call were
Commissioner Stratker, Commissioner Schroder, and Commissioner Giittinger.
A public hearing was held for the purpose of
considering approval or disapproval of the application by Hope Evangelical
Lutheran Church of Burr, requesting exemption from real estate and/or personal
property taxes. According to the County
Assessor, Wayne Cole, the application form was not received in his office by
the January 1st deadline, however, they did meet the requirements
for exemption. Within the Property Tax
Administration rules, Cole said the Church should be penalized $300 for being
three months late in submitting their application form. Russell Moss, David
Antholz and Pastor Mary Grundman spoke on behalf of the Church. They said that there were problems with the
form being mailed to the right person. After the form finally reached the
minister, it was promptly returned. The group asked that the Board waive the
penalty. The Board of Equalization reviewed State Statute 77.202.01 which
states that “…the county board of equalization may assess a penalty against the
organization…for each calendar month or fraction thereof for which the filing
of the application missed the January 1 deadline.” Deeming the Church’s
explanation for the untimely filing to be valid, Commissioner Schroder made a
motion, seconded by Commissioner Stratker to grant exemption to the Hope
Evangelical Lutheran Church and to waive the penalty. Voting – Commissioners
Giittinger, aye; Schroder, aye; Stratker, aye.
Motion carried.
There being no further business to come before the
Board of Equalization, Chairman Stratker declared the meeting adjourned at
12:00 p.m.
I, Janene Bennett, County Clerk for 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 my
seal this 10h day of April 2001.