Janene Bennett Otoe County Clerk

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1 August 25, 2015 The Otoe County Board of Commissioners convened in regular session at 8:45 a.m. on August 25, 2015, 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 and posted in at least three public places, including the County s 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 Chairman of the Board, Timothy Nelsen. Answering present at roll call were Commissioner Nelsen, Commissioner Freshman, Commissioner Hauptman, Commissioner Lade and Commissioner Sornson; none absent. 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. Commissioner Hauptman made a motion, seconded by Commissioner Sornson to accept the agenda as posted. There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Nelsen, Freshman, Hauptman, Lade and Sornson. 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 Freshman, Hauptman, Lade, Sornson and Nelsen. Nay none. Motion carried. Commissioner Lade made a motion, seconded by Commissioner Hauptman to audit and sign payroll claims. There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Hauptman, Lade, Sornson, Nelsen and Freshman. Commissioner Nelsen approved payment of all payroll claims except those claims submitted by the Public Defender s Office and County Attorney s Office to which he abstained. Nay none. Motion carried. Having reviewed the regular claims in advance of this meeting, Commissioner Sornson made a motion, seconded by Commissioner Freshman to approve payment of the regular claims. There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Lade, Sornson, Nelsen, Freshman and Hauptman. Commissioner Nelsen approved payment of all claims except those claims submitted by the Public Defender s Office and County Attorney s Office to which he abstained. Nay none. Motion carried. Commissioner Freshman made a motion, seconded by Commissioner Hauptman to cancel check # in the amount of $ A claim was submitted by County Court in error. There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Sornson, Nelsen, Freshman, Hauptman and Lade. Nay none. Motion carried. At the request of the County Clerk Magistrate, Commissioner Lade made a motion, seconded by Commissioner Freshman to adopt Resolution reducing her petty cash fund from $150 to $120. There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Nelsen, Freshman, Hauptman, Lade and Sornson. Nay none. Motion carried.

2 Five Rivers RC & D is developing a proposal to be submitted to the Nebraska Environmental Trust for Household Hazardous Waste Collections for a period of three consecutive years. The funding source requires matching funds, including in-kind matching from Five Rivers and the eight-county area partners. Therefore, Five Rivers is asking each partner to compose a letter of commitment to the Grant Review Committee assuring support for the project by furnishing in-kind services when the collections are held. Commissioner Sornson made a motion, seconded by Commissioner Hauptman to authorize the Chairman to sign a letter of commitment in support of the Hazardous Waste Collection events. There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Freshman, Hauptman, Lade, Sornson and Nelsen. Nay none. Motion carried. Steve Cody, Deputy Emergency Management Director, came before the Board to explain that the Radiological Emergency Reception Plan with the Cooper Nuclear Station must be reviewed and approved every four years. This is to ensure that all contact information (names, phone numbers, addresses, etc.) is up-to-date. Commissioner Lade made a motion, seconded by Commissioner Freshman to approve the Radiological Emergency Reception Plan as revised and presented. There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Hauptman, Lade, Sornson, Nelsen and Freshman. Nay none. Motion carried. Mr. Cody briefly reviewed the terms of an Interlocal Agreement for Cooperative Development and Use of the Nebraska Regional Interoperability Network. The Agreement enables individual political subdivisions of Nebraska to share information among emergency and communication centers via a statewide network. Its purpose is to help mitigate an emergency that threatens any location. By adopting a resolution, the County agrees to enter into the agreement for the formation and participation in the Nebraska Regional Interoperability Network. County Attorney, Dave Partsch, has read and approved the agreement in regards to legal content. There is no financial obligation to join the network; however, each entity will be responsible for insuring any equipment that is used by the entity. Commissioner Hauptman made a motion, seconded by Commissioner Sornson, to authorize the Chairman to sign Resolution approving the Interlocal Agreement for the formation and participation in the Nebraska Regional Interoperability Network. The term of the agreement shall be for the period August 25, 2015 through December 31, There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Lade, Sornson, Nelsen, Freshman and Hauptman. Nay none. Motion carried. Chairman Nelsen opened a public hearing to hear comments regarding the plat for Hillside Acres Subdivision located in the NW 1/4 NW 1/4 S24-T9-R9 as requested by Kevin and Denise Schroder. There being no public comment, the hearing was closed. Zoning Administrator, Dave Schmitz, said the owners son is going to build a new home on the 6.34 acre tract of land. Rural water is available and all setback requirements have been met; therefore he recommends approval. Commissioner Lade made a motion, seconded by Commissioner Freshman to authorize the Chairman to sign the Plat Map for Hillside Acres Subdivision located in the NW 1/4 NW 1/4 S24-T9-R9 as requested by owners Kevin and Denise Schroder. There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Sornson, Nelsen, Freshman, Hauptman and Lade. Nay none. Motion carried. Chairman Nelsen opened a public hearing to hear comments regarding issuance of a Conditional Use Permit that would allow Verizon Wireless to erect a cell tower on property located in the E 1/2 NE1/4 S22-T9-R11. Samuel Mandolfo, agent for Verizon, was present to answer questions. Chairman Nelsen asked why the tower south of Julian (which was approved in February) has not yet been constructed. Mr. Mandolfo said Verizon changed their priorities, but it s still on the calendar to be built.

3 He said he will talk with the engineers to try to expedite its construction. There being no other public comments, the hearing was closed. Schmitz said the Planning Commission was concerned that Verizon might be acquiring permits to prevent other companies from erecting towers in the area since regulations prohibit companies from building towers within one mile of each other. Mr. Mandolfo ensured board members this was not their intent. Commissioner Lade made a motion, seconded by Commissioner Hauptman to approve issuance of a Conditional Use Permit to Verizon Wireless that will allow them to erect a cell tower on property located in the E 1/2 NE 1/4 S22-T9-R11. There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Nelsen, Freshman, Hauptman, Lade and Sornson. Nay none. Motion carried. Desaray Johnson came before the Board to give a quarterly report summarizing activities and services provided by SENCA. It is their goal to help people help themselves and others by providing financial assistance for essentials, such as rent, utilities, food and personal items. But more importantly, they offer educational programs to individuals that will improve their lives and enable them to become self-sufficient. SENCA is a non-profit organization financed by grants and fund raising events. Midwest Farmers Cooperative sent a letter requesting the temporary closure of a portion of County Road 32 extending from the intersection of K-32 south to an approximate distance of 1350 feet. Dave Schneider, representing the Co-op, said the closure would facilitate the construction activities for the development of the MFC Grain Shuttle Project. MFC is building an interior road on their site that connects K Rd to 32 nd Rd on the south end. They hope to complete the underlayment of the new road by September 15 th. After it is properly packed, it will be topped with 9 inches of rock as the final layer. Chairman Nelsen said constituents have expressed concerns about the road being closed before the new road is opened. Mr. Schneider said this phase of the project should take approximately two weeks; travelers can use Road 34 down to J Rd during this time. He believes their new road will be ready to handle heavy traffic before the start of fall harvest. Chairman Nelsen approved temporary closure of the section of 32 nd Road as requested by the Co-op effective today, with the stipulation that the Co-op and their engineering firm of Olsson and Associates be responsible for proper notification to landowners and placement of signage to ensure public safety during this construction process. Chairman Nelsen said Jon Brinkman submitted the initial road closure study indicating properties that may be impacted by a permanent closure of a portion of 32 nd Road (on either side of the railroad crossing, which is south of the temporary closure). The next step is to conduct a public hearing which was tentatively set for September 23 rd contingent upon publication requirements. Lead Supervisor Jon Brinkman was not available for today s meeting. He has been working with FEMA personnel examining and documenting damages that occurred during the May rain storms. Crew Supervisors Chad Watkins and Ryan Neemann gave the following report: Construction crews are finishing projects near E-16 and B 34; they plan to finish up with this fall with 8 projects in Douglas area Maintainers are getting minimum maintenance roads in shape for harvest The transmission went out on the 2003 motor grader; it is being repaired in Lincoln and will be out of service for 2-3 weeks Others have been taking out trees and filling ruts at the landfill Commissioner Lade noted that old Hwy 2 between Syracuse and Unadilla was closed last week due to a failing culvert. Measurements indicated that one side dropped less than ½ inch, so the road was re-opened but will be measured every two weeks as a safety precaution.

4 Chairman Nelsen said the debris sites must be cleaned up by November according to FEMA standards. So, the County will probably need to hire contractors to meet that deadline. In accordance with State Statutes and , it is the County Board s responsibility to determine the allocation of levy authority to the Rural Fire Districts, Hospital District and Ag Society. Chairman Nelsen introduced Resolution listing each valuation, tax request and calculated levy. Commissioner Lade made a motion, seconded by Commissioner Sornson to authorize the Chairman to sign Resolution allocating levies to meet the tax requests submitted by the political subdivisions listed above. There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Freshman, Hauptman, Lade, Sornson and Nelsen. Nay - none. Motion carried. By September 1 st of any given year, elected officials and department heads are required to submit Inventory Statements to the County Board listing all personal property in the custody of each office holder with a value of $1000 or more. Commissioner Hauptman made a motion, seconded by Commissioner Freshman to approve the 2015 inventory statements as presented by the elected officials and department heads. There being no further discussion, Chairman Nelsen called for a vote. Voting aye were Commissioners Hauptman, Lade, Sornson, Nelsen and Freshman. Nay none. Motion carried. Chairman Nelsen reviewed the proposed budget for fiscal year He said the Board has consistently lowered the levy for the past seven years, dropping 11.4 % in the last four years. The proposed budget includes the following allotments: $100,000 to the building fund for future repairs of county buildings; $300,000 for resurfacing road projects; $300,000 for construction of box culverts; $1,000,000 for purchase of rock; Increased Register of Deeds budget to allow for the promotion of a part-time position to full-time status. Chairman Nelsen said he did not budget for any projects to be paid from the Buyback Program this year. The fund currently has a balance of approximately $600,000, but should accumulate to nearly $1,000,000 by the end of FY2016. This money must be used for road and bridge projects only. The formal budget hearing will be held September 8 th. At 9:46 a.m. Commissioner Freshman made a motion, seconded by Commissioner Sornson to go into executive session to discuss courthouse and jail security with the County Attorney and Sheriff personnel; closed session is necessary for the protection of public interest. Voting aye were Commissioners Lade, Sornson, Nelsen, Freshman and Hauptman. Nay none. Motion carried. Chairman Nelsen reiterated that the only topic that will be discussed in closed session will be security options in the courthouse and jail facility. The County Clerk and Administrative Assistant remained for closed session. At 9:54 a.m. Commissioner Sornson made a motion, seconded by Commissioner Freshman to go back into regular session. Voting aye were Commissioners Sornson, Nelsen, Freshman, Hauptman and Lade. Nay none. Motion carried. There was no action 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, Chairman Nelsen declared this meeting adjourned at 9:54 a.m. The next regular meeting will be held on September 8, 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 25 th day of August 2015.

5 Janene Bennett Otoe County Clerk

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