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April 26, 2010 Minutes  

April 26, 2010

North Platte, Nebraska

 

Meeting of the Lincoln County Board of Commissioners. Present were Commissioners

Joe Hewgley, Duane Deterding, Willis Roethemeyer, Board Assistant, Tammy White,

Deputy County Attorney, Joe Wright and County Clerk, Rebecca Rossell. Roethemeyer

offered prayer. Chairman Hewgley called the meeting to order at 9:03 A.M.

Chairman Hewgley announced the Open Meeting Act with amendments is posted for

public review and the County Board will comply with the open meeting requirements.

Motion by Deterding, seconded by Roethemeyer to approve the minutes regarding the

Lincoln County Board of Commissioners meeting held on April 19, 2010. Upon roll call

vote Deterding, Roethemeyer and Hewgley voted “aye”. Nays, none.

Motion by Roethemeyer, seconded by Deterding to receive and order filed the

treasurer’s receipts. Upon roll call vote Deterding, Roethemeyer and Hewgley voted

“aye”. Nays, none.

Motion by Deterding, seconded by Roethemeyer to appoint Bob Lindemeier to the

Lincoln County Merit Commissioner for a three year term to end January, 2013. Upon

roll call vote Deterding, Roethemeyer and Hewgley voted “aye”. Nays, none.

The Lincoln County Board of Commissioners recessed at 9:15 A.M. and the Lincoln

County Board of Equalization convened.

Chairman Hewgley announced the Open Meeting Act with amendments is posted for

public review and the County Board will comply with the open meeting requirements.

County Assessor, Mary Ann Long and Deputy County Assessor, Julie Stenger was

present.

Motion by Roethemeyer, seconded by Deterding to approve the minutes regarding the

Lincoln County Board of Equalization meeting held on April 19, 2010. Upon roll call

vote Deterding, Roethemeyer and Hewgley voted “aye”. Nays, none.

Motion by Deterding, seconded by Roethemeyer to authorize the Chairman to sign the

certificates of correction and refund as submitted by the County Assessor. Upon roll

call vote Deterding, Roethemeyer and Hewgley voted “aye”. Nays, none.

Motion by Deterding, seconded by Roethemeyer to approve the personal property tax

exemption application submitted by Keep North Platte/Lincoln County Beautiful as

approved by the County Assessor. Upon roll call vote Deterding, Roethemeyer and

Hewgley voted “aye”. Nays, none.

Motion by Roethemeyer, seconded by Deterding to offer a confession of judgment

regarding the case of Keith L. Knoedler, Appellant, v. Lincoln County Board of

Equalization, Appellee, Case No. 09R-008, which is before the Nebraska Tax

Equalization and Review Commission, in which the Lincoln County Board of

Equalization offers to confess that the value of the real estate in the aforementioned

case is $158,450.00 (Land -$23,550 and Improvements – $134,900) for tax year 2009.

Upon roll call vote Deterding, Roethemeyer and Hewgley voted “aye”. Nays, none.

The Lincoln County Board of Equalization adjourned at 9:25 A.M. and the Lincoln

County Board of Commissioners reconvened.

Lincoln County Attorney, Rebecca Harling and Lincoln County Public Defender, Robert

Lindemeier brought to the Board of Commissioners their concerns regarding the recent

case of State v. Anderson where credit for time served in an in-patient treatment facility

was not allowed to be credited toward a defendant’s jail sentence. Neb. Rev. State

Statute allows a County to designate jail facilities. A substantial increase in jail costs

will result. Lincoln County Judges are in favor of having us designate in-patient

chemical dependency centers or the DRIVE program as jail facilities for the purpose of

allowing credit for time spent. Therefore, they are requesting the County Board to

consider adoption of a resolution designating in-patient treatments centers and/or the

DRIVE program as jail facilities.

Commissioner Hewgley asked what in-patient programs we not want to be considered

as a jail facility.

Lindemeier replied that if the program is not recognized by the court it will not count

toward jail time.

Sheriff Kramer stated he would also be in support of this resolution as their goal is

toward rehabilitation.

County Board will consider the resolution at the next board meeting.

Paul Cooper, Veterans Service Officer, gave a quarterly report for the period ending

March 31, 2010.

Kirk Nichols (Construction Project Inspector/Owners Representative) and Carol Rouw

(Treanor Architects) appearing by phone gave the County Board a construction update

on the Lincoln County Jail Project.

The Lincoln County Board of Commissioners recessed at 10:11 A.M.

The Lincoln County Board of Commissioners reconvened at 11:00 A.M.

Tim Brouillette, attorney representing the Sandberg estate, and Diane Kirsch and Ivan

Sandberg, personal representatives of the estate, were present to discuss access to

SW ¼ of Section 35; Township 13N; Range 33W of the 6th P.M., Lincoln County,

Nebraska.

Don Oppliger, adjacent land owner, appeared by phone.

Lincoln County Highway Superintendent, Jerry Hitchcock, reported that he had spoken

with Mr. Oppliger and it did not appear he had any problem granting access to the land

owners he just did not want a road that would be open to the public.

Mr. Oppliger stated he would be open to a private easement, but he did not like the way

the other easement was written and he does not want a public road.

Commissioner Hewgley suggests that the attorney for the estate contact Mr. Oppliger

privately to discuss further details.

The Lincoln County Board of Commissioners recessed at 11:15 A.M.

The Lincoln County Board of Commissioners reconvened at 11:58 A.M.

County Board members met with other elected officials at noon to discuss the updating

the county IT policy.

Approved the claims presented for payment:

The meeting was adjourned at 12:58 P.M.

Advance notice and the agenda for the April 26, 2010 board meetings were sent to

members of the county board, county attorney and all others requesting the same.

Notice was posted at the Lincoln County Courthouse, City Hall and on the county

website.

The agenda for the meetings to be held on Monday, May 3, 2010 will be kept continually

current and open for public inspection at the office of the Lincoln County Clerk. The

regular meeting of the Lincoln County Board of Commissioners will be held at the

Lincoln County Courthouse in the Commissioners Room at 9:00 A.M. The regular

meeting of the Lincoln County Board of Equalization will be held at the Lincoln County

Courthouse in the Commissioners Room at 9:15 A.M.

 

Rebecca J. Rossell

     Lincoln County Clerk

                        Publish, Saturday, May 1, 2010.

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