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, January 27, 2010 in the Board Room of the Courthouse, Fremont, Nebraska, with the following members present: Walter, George, Strand, Missel, Marsh and Thietje. Absent: Stoeber. 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, minutes of Eastern Nebraska Human Services Agency and Region VI Governing Board meetings held November 18, 2009 and December 16, 2009 and copy of preliminary agenda of their January 20, 2010 meeting,

certificate of insurance of Time Warner Entertainment – Advance/Newhouse Partnership, dba Time Warner Cable of Lincoln, Nebraska, NIRMA (Nebraska Intergovernmental Risk Management Association) quarterly loss reports, NIRMA Building and Contents Schedule, minutes of the Planning Commission meeting held January 19, 2010, minutes of Courthouse Safety Committee meeting held January 20, 2010 and Utility Installation Agreement and Certificate of Insurance for Extreme Trenching of Plattsmouth, Nebraska to install telephone service line through county right-of-way; and added an emergency item to the agenda, a special request from the County Attorney.

The Board unanimously approved the minutes of the January 13, 2010 meeting as corrected. Supervisors Marsh and Stoeber dissented on the motion to sign the Disaster Declaration for Dodge County, not Marsh and George.

At 9:06 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 except for Supervisor Stoeber.

With no items to discuss under Board of Corrections, Chairman Missel adjourned the Board at 9:07 A.M. until Tuesday, February 9, 2010 at 9:05 A.M.

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

The Board unanimously approved the wage and hour claims as submitted in the amount of $178,057.38.

The Board unanimously approved the financial claims as submitted in the amount of $128,793.92.

Committee Report – Chairman Missel reported on a joint agency meeting and public hearing held on January 14^th conducted by the Corp of Engineers regarding the South Fremont Feasibility Study. He said people in attendance were open-minded to what was being proposed and there is excellent communication between agencies involved, but are still awaiting federal funding.

Committee Report & the declaring of an emergency Item for State of Nebraska Energy Efficiency and Conservation Block Grant Program application – Supervisor Strand, Chairman of the Property Committee, reported on the progress being made on the grant application to the State of Nebraska Energy Efficiency and Conservation Block Grant Program. He said the application is due next Wednesday. If funds are received from the grant, it would be a huge savings for the county. Since the grant application is due prior to the next meeting, it was decided to declare approval of the application as an emergency item to the agenda. The motion to declare the application an emergency, passed unanimously. The Board then passed another motion, which also passed unanimously, to approve and authorize the proper signatures on the grant application to the State of Nebraska Energy Efficiency and Conservation Block Grant Program.

Another emergency item to be considered was the request of County Attorney Vaughan to hire outside legal counsel for assistance with a suit filed in District Court against several parties including Dodge County for medical malpractice at the hospital. Attorney Vaughan remarked he is not comfortable with representing the county in this type of case and asked that Attorney Rick Boucher be hired as outside legal counsel to represent the county since he has represented Dodge County in the past with other medical malpractice cases. With that, the Board unanimously passed a motion to declare the request of County Attorney Vaughan to seek outside legal counsel an emergency item to the agenda. In another motion, the Board unanimously passed a motion to approve the request of County Attorney Vaughan and to hire Attorney Rick Boucher to represent the county on the case of Plaintiffs Robert C. & Charleen Kremke.

Next on the agenda was the consideration of the inclusion of Dodge County within the Service Area of Foreign-Trade Zone (FTZ) No. 19 sponsored by the Greater Omaha Chamber of Commerce. Kevin Wilkins was present to explain how the trade zone works. There is no fee for the county to be included within their service area. The Omaha Chamber of Commerce, grantee of the trade zone, will be able to apply to the Foreign-Trade Zones Board for authority to serve sites located within the county based on businesses’ trade-related needs. The Board unanimously approved and authorized the Chairman to sign a letter to the Greater Omaha Chamber of Commerce supporting the inclusion of Dodge County with the Service Area of Foreign-Trade Zone (FTZ) No. 19.

Next on the agenda was a public hearing to consider the request of the City of Fremont to amend Dodge County Zoning Regulations Article 21, Section 21 “Special Height Regulations Adjacent to Airports”. The proposed amendment would provide for an extension of height restrictions in the approach areas of the new runway being constructed at the Fremont Municipal Airport. With no testimony against the request, the Board unanimously passed a motion to adopt and authorize the Chairman to sign a Resolution amending the Dodge County Zoning Regulations as proposed.

The Board unanimously approved the request of Highway Superintendent Doll for a step increase for Lynn Wooldrik to $19.43 per hour, effective February 7, 2010.

Highway Superintendent Doll presented to the County Board an award received on the Scribner Herman Road Paving Project from the Nebraska Concrete Paving Association. Loell Strand, county supervisor at the time of the project, also received a Certificate of Merit on the project. This was a first place award of merit, based on the roads construction, smoothness, condition and other factors such as emergency access given to people while under construction. The Board unanimously passed a motion to receive the award.

The Board unanimously passed a motion to adopt and authorize the Chairman to sign a Resolution of selection of the lowest bidder of MCC, LLC of Omaha, Nebraska to construct Bridge Project BRO-7027(8), in the amount of $538,346.80. There were three other bids received on this federal aid project.

The Board unanimously passed a motion to accept the recommendation of Highway Superintendent Doll and to deny the request of Timothy Marsh for a light to be installed at the junction of Old Hwy. 275 and the frontage road leading into his business, Uncle Larry’s. Highway Superintendent Doll remarked they have the ability to light their own business. Supervisors felt if the request would be filled, others would follow.

The Board unanimously received a request from Debbie Churchill, Assessment Administrative Manager for Dodge County, and passed a motion to notify her that the county does not own any real property leased and used or developed for use for any public purposes.

At 10:07 A.M., Chairman Missel adjourned the Board as a Board of Supervisors until, Tuesday, February 9, 2010 at 9:00 A.M.

Immediately thereafter, the Board convened as a Board of Equalization. Chairman Missel dispensed with roll all members being present except for Supervisor Stoeber.

The Board unanimously approved tax roll corrections #3978 thru #3984.

In one motion, the Board unanimously received an exemption application form 457 for 2010 from Fremont Church of the Nazarene of Fremont, Nebraska on a 2002 Chevrolet Suburban and passed a motion to accept the recommendation of the County Treasurer and to grant the exemption. (No one was present for the hearing.)

In one motion, the Board unanimously received an exemption application form 457 for 2010 from Dodge County Humane Society of Fremont, Nebraska on a 2010 Ford Van and passed a motion to accept the recommendation of the County Treasurer and to grant the exemption. Director of the Humane Society Clem Rhode was present and remarked they have leased vehicles in the past, but with the increased cost of leasing they decided to purchase the van.

The Board unanimously received a request from Alex Meyer, Chairman of Pebble Valley Heritage Project of Scribner, Nebraska, appealing the deadline for filing their 2010 exemption application form 451A and passed a motion instructing the Assessor’s office to waive the filing deadline and to remove the $100 penalty assessed, due to this being the first time their application was filed late.

The Board unanimously received a request from Kevin S. Claussen, Quartermaster for Veterans of Foreign Wars Post #8223 of North Bend, Nebraska, appealing the deadline for filing their 2010 exemption application form 451A and passed a motion instructing the Assessor’s office to waive the filing deadline and to remove the $100 penalty assessed, due to this being the first time their application was filed late.

The Board unanimously received a list of 2010 continued tax exemptions for motor vehicles and a copy of their application forms (457 & 473) from County Treasurer Dill and passed a motion approving the exemptions for 2010.

The Board unanimously received and placed on file correspondence from Assessment Manager Debbie Churchill regarding Permissive Exemption Certification Letter for 2010 Tax-Exempt Status.

At 10:32 A.M., the Board adjourned as a Board of Equalization until 10:00 A.M. on Tuesday, February 9, 2010.

Fred Mytty

Dodge County Clerk