PROCEEDINGS OF THE DODGE COUNTY BOARD OF SUPERVISORS

Regular meeting of the Dodge County Board of Supervisors was called to order by Chairman Missel at 9:00 A.M. on Wednesday, August 13, 2008 in the Board Room of the Courthouse, Fremont, Nebraska, with the following members present: Lux, George, Thietje, Marsh, Strand, Stoeber and Missel. Absent: None. Prior to roll call, Chairman Missel announced the meeting to be an open public meeting and that the open meeting laws were posted for anyone’s review.

The Board unanimously declared the meeting legally convened.

The Board unanimously approved the agenda as printed; received and placed on file various county officials’ reports; Fremont Area Board of Trustees minutes of their June 23, 2008 meeting & copy of Financial State for month ending June 30, 2008; bond of Larry Andreasen, secretary of Fremont Rural Fire District & notice of change in officers; correspondence from NDEQ (Nebraska Department of Environmental Quality) regarding Robert Vering, Vering Feed Yards General Permit for Cattle in Open Lots; correspondence from NDEQ regarding Tom Weitzenkamp Lowmar Feedlot and Thomas Cattle Company for General Permit for Cattle in Open Lots; correspondence from NDEQ regarding Gene Meyer, G. Meyer Farms Inc. for Phase Construction and Operating Permit; correspondence from Douglas County Environmental Services regarding Public Hearing for August 13, 2008 to adopt private water regulations; Utility Installation Agreement for D. J. Communications to install buried service wire at 2146 County Road P in Nickerson Township; and Utility Installation Agreement for D. J. Communications to install buried service wire at 1663 County Road 17 in Maple Township; received and referred to the Finance Committee Resolutions requesting a preliminary levy allocation from Logan Township, Platte Township, North Bend Rural Fire Protection District, Union Township, Cotterell Township, Fremont Rural Fire District #8, and from Everett Township and 2008/2009 Budget requests from Dodge County Water Rescue, Region 5/6 Emergency Management and from Dodge County Volunteer Firefighters; and received and referred to the County Attorney a tort claim filed by Attorney Shayla M. Reed in behalf of her clients Robert and Charleen Kremke regarding incident at Fremont Area Medical Center.

The Board unanimously approved the minutes of the July 30, 2008 meeting as printed.

At 9:05 A.M., the Board recessed as a Board of Supervisors and convened as a Board of Corrections. Chairman Missel dispensed with roll all members being present.

The Board unanimously received a letter from Corrections Director Campbell and approved his hiring of Trent Jansen as a full-time Corrections Officer at $13.36 (Step 25C-1) per hour, effective August 8, 2008.

Under any additional items of discussion, Supervisor Marsh, Chairman of Jail Standards Committee, reported on the prisoner count in the jail being favorably down. Mentioned as a probably cause of the decrease was the Drug Court. Attorney Vaughan commented there were now 15 applicants participating in the Drug Court Program.

At 9:09 A.M., Chairman Missel adjourned the Board as a Board of Corrections until Wednesday, August 27, 2008 at 9:05 A.M.

Immediately thereafter, the Board reconvened as a Board of Supervisors. Chairman Missel dispensed with roll all members being present.

The Board unanimously received a letter from Building & Grounds Superintendent Timothy D. Walter and approved his hiring of Shelly Dobbs as a part-time employee at $9.83 per hour, effective August 11, 2008; hiring of Jim Spath as a part-time employee at $9.83 per hour, effective August 4, 2008; and the hiring of Ron Boroff as a fill-in employee at $9.83 per hour, effective July 30, 2008.

The Board unanimously approved the wage and hour claims as submitted in the amount of $156,944.71.

The Board unanimously, with Lux abstaining, approved sand and gravel claims in the amount of $4,988.87.

The Board unanimously approved the remaining financial claims as submitted in the amount of $83,271.75.

The Board unanimously approved the request of County Sheriff Hespen and passed a motion declaring two Ford Crown Victoria’s as surplus property to be sold at public auction by Jack Nitz and Associates.

The Board unanimously passed a motion to adopt and authorize the Chairman to sign a Resolution setting final levy allocations for the 2008/2009 fiscal year to Fire Districts at 4.8 cents per $100 of valuation, to Townships at 9.7225 cents per $100 of valuation and to the Agricultural Society and Historical Society a levy of .23875 cents per $100 of valuation.

The Board unanimously approved and authorized the Chairman to sign an Agreement with Bryan LGH regarding costs for County prisoners and EPC (Emergency Protective Custody) prisoners. The outstanding balance indicated on the agreement will be considered for payment in the next meeting’s finance.

The Board unanimously received and placed on file a Public Notice from Nebraska Department of Environmental Quality Air Quality Division regarding applications of Archer Midland Daniels Company for permission to expand its existing soybean processing plant located at 130 North Broad Street in Fremont, Nebraska, Dodge County.

Next on the agenda was the consideration of a Resolution of Dodge County acknowledging their choice of the new alignment for Highway 30 from County Road 4 east to Highway 275-77 Interchange. Supervisor George remarked the meeting held on August 7^th between the Road & Bridge Committee, State Department of Roads and CORP of Engineers was a very good meeting. He said it was one of the first times Corps of Engineers met with Road officials for common solutions. The Corp of Engineers presented a map outlining the floodway and where a proposed alignment of the expressway would benefit areas of the City of North Bend and the City of Fremont taking them out of the floodplain. Plans showed for the paving and construction of the Cutoff Road from the alignment to Highway 30 to a height compatible to 500 year flood event, County Road 18 be paved from the alignment south approximately ¾ mile to the existing pavement, and County Road 20 Avenue be paved for the alignment south approximately ¾ mile to the existing pavement. The Department of Roads is awaiting a study to be completed sometime in the next couple of months by the Department of Environmental Quality. Supervisor Marsh commented this to be one of the best plans he has seen for the alignment of the expressway. He labeled it as being a “good return on investments”, because it would take property out of the floodplain eliminating the expense of flood insurance. Supervisor Strand commented the money spend for flood insurance could be reinvested into the community. The Board unanimously passed a motion to adopt and authorize the Chairman to sign the resolution as presented.

The Board unanimously received and placed on file a letter from Timothy W. Weander P.E. of Nebraska Department of Roads regarding delay of projects until traffic warrants are met or highway funds improve. Highway Superintendent Doll did not think this would affect the expressway project from Fremont to North Bend, because by the time the project would begin, the traffic count would be close to 10,000.

Committee Report – Supervisor Marsh, Chairman of the Finance Committee, said his committee met with County Clerk Mytty to start reviewing the budget process.

Committee Report – Supervisor Lux commented on the NIRMA conference, which he said was excellent.

At 10:05 A.M., the Board recessed as a Board of Supervisors and convened as a Board of Equalization. Chairman Missel dispensed with roll all members being present.

The Board unanimously received and placed on file Notices of Rejection of Homestead Exemption for 2008 to William Gumble of Fremont, Nebraska and Lois E. Blome of Scribner, Nebraska.

By consensus, the Board tabled a hearing on an appeal of the denial of the 2008 homestead exemption application of Erik Kunzweiler.

A hearing was held on the 2008 homestead exemption of William Gumble of Fremont, Nebraska. Mr. Gumble was present and said he was late filing his application, because he was temporarily in the nursing home, due to health reasons. This was the first time Mr. Gumble was late in filing his application. The Board unanimously passed a motion instructing the Assessor’s office to submit Mr. Gumble’s 2008 homestead exemption application to the State of Nebraska for consideration of reimbursement. If the state does not reimburse the county for the exemption, then Mr. Gumble’s home will be taxed.

A hearing was held on the appeal of denials of Special Valuation Applications received at the last meeting on five properties of Don L. Clarke of Omaha, Nebraska. Mr. Clarke began his hearing by stating he installed a heavy duty gate to the entrance of his property, because he was having security problems when he lost $1,000 worth of tires and wheels from his truck. He said he exchanged firewood from his property for the gate. His property has three easements for ingress and egress. Mr. Clarke presented additional data and quoted statues of 77-1343(2) & (8) and 77-1359(1) & (2) to support his position to help determine his property was used for horticultural use since he was harvesting firewood instead of being classified as recreational. Appraiser Shawn Abbott of the Assessor’s office commented on a ruling made by the TERC (Tax Equalization & Review Commission) that the harvesting of firewood was not determined to be agricultural use. Mr. Clarke also commented he is spending time and energy to improve the property 365 days a year and hunts deer on the property 60 days out of the year. Supervisor Marsh and Strand wanted to see records from Mr. Clarke showing he was generating an income from the property. Mr. Clarke said he has a meeting with Steve L. Karloff of the District Forestry Department after his hearing today and remarked if his request is denied, he would appeal to the TERC and further if needed to the Supreme Court of Appeals. After the hearing was concluded, the Board unanimously passed a motion to uphold the Assessor’s action of denying the special valuation applications of Don L. Clarke on five of his properties, parcels #270117803, #270117810, #270135591, #270135901 and #270137083.

Beverly Ahrens, Treasurer of Peace Lutheran Church, was present for a hearing on their church’s 2008 exemption application on their property of Pt. TL 20, 6.25 acres in Section 16, Township 17, Range 9. She said the intent was to apply for a building permit as of August 1^st to start building their new church, which they have not yet done. She said the church receives no income from the property and felt the property could be classified as exempt, because it was bought to be used for the future site of their new church. The Board unanimously passed a motion to accept the recommendation of the Assessor and to deny the exemption.

Tim Wobken, Treasurer of St. John’s Lutheran Church of Scribner, Nebraska, was present to request the County Board to consider their church’s 2008 exemption application, which was filed late. He said they just did not get their form filed in time. Supervisor Strand thought the penalty assessed by the Assessor’s office for the filing of the application late was in excess of what the church could absorb. Supervisor Strand introduced a motion that was seconded by Supervisor Lux to approve the exemption for 2008 and to lower the penalty assessed by the Assessor from $600 to $350. The motion died by a 2 to 5 vote, with Supervisors Lux and Strand being the only affirmative voters.

A second motion was made, which passed by a 6 to 1 vote, with Lux dissenting, to approve the 2008 exemption application of St. John’s Lutheran Church of Scribner, Nebraska, but to access a $600 penalty, due to the late filing of the application for the maximum allotted penalty of $100 per motion from January thru June.

Next was the discussion of a tabled item from the last meeting to consider the request of Debbie Churchill, Assessment Manager for Dodge County to rescind action on $500 penalties on late filings of exemption applications and set them at 10% of their taxes due if not exempt for Living Word Tabernacle, Low Income Ministry of Dodge County, and St. Paul's Lutheran Church. Since the last meeting, Ms. Churchill presented a new recommendation to only reconsider the penalty assessed to St. Paul’s Lutheran Church, because their penalty would be lower than $500 if the 10% calculation of taxes due would be considered. The other two penalties previously assessed to Living Word Tabernacle and Low Income Ministry of $500 was lower than 10% of the taxes due. With that, the Board unanimously rescinded action taken on May 21, 2008 to assess the penalty of $500 to St. Paul’s Lutheran Church and to pass a motion reducing the penalty to $432.49.

The Board unanimously approved the request of Kelly and Paula Price for a refund for 2005, 2006 and 2007 on their taxes, due to an incorrect record of square footage of their property. Assessment Manager Debbie Churchill agreed the square footage was not correct on their property record card. A tax roll correction will be considered by the County Board at their next meeting.

The Board unanimously approved the request of Debbie Churchill, Assessment Manager for Dodge County and authorized the County Clerk to mail Board Notices of Valuation Changes to Three Wheels LLC of Fremont, Nebraska and McDonald’s Real Estate Co. of Columbus, Ohio.

The Board unanimously approved tax roll corrections #3779, #3780 & #3781.

At 11:22 A.M., Chairman Missel adjourned the Board as a Board of Equalization until 10:00 A.M. on Wednesday, August 27, 2008.

Immediately thereafter, the Board reconvened as a Board of Supervisors. Chairman Missel dispensed with roll all members being present.

At 11:23 A.M., the Board unanimously passed a motion to go into closed session to discuss Fraternal Order of Police in Sheriff’s office.

At 11:39 A.M., the Board unanimously passed a motion to go back into open session. No action was taken by the County Board.

At 11:40 A.M., the Board unanimously passed a motion to go back into closed session to discuss general assistance claims for the month of July 2008.

At 11:47 A.M., the Board unanimously passed a motion to go back into open session. No action was taken on any of claims.

At 11:48 A.M., the Board unanimously adjourned until 9:00 A.M. on Wednesday, August 27, 2008.

Fred Mytty

Dodge County Clerk