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July 12, 2010 Minutes  

July 12, 2010

North Platte, Nebraska

 

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

Joe Hewgley, Duane Deterding, Willis Roethemeyer, Deputy County Attorney, Joe

Wright and Deputy County Clerk, Terry Heessel. Hewgley offered prayer. Chairman

Hewgley called the meeting to order at 9:00 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 July 6, 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 Roethemeyer, seconded by Deterding to receive and order filed the fee

reports submitted by the County Treasurer, County Sheriff and Clerk of District Court.

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

Motion by Deterding, seconded by Roethemeyer to reappoint W. K. McKean to the

Veterans Service Committee for a five year term ending July 1, 2015. Upon roll call

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

Motion by Roethemeyer, seconded by Deterding to approve and authorize the chairman

to sign the right of way application submitted by Dawson Public Power District. Upon

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

Motion by Deterding, seconded by Roethemeyer to approve the substitution of

securities by Gothenburg State Bank as pledged to the County Treasurer. Upon roll call

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

Motion by Roethemeyer, seconded by Deterding to appoint Tom Neidhardt and

reappoint Jeff Boeka to the North Platte/Lincoln County Convention and Visitors Bureau

Advisory Board for 4 year terms. Upon roll call vote Deterding, Roethemeyer and

Hewgley voted “aye”. Nays, none.

Motion by Deterding, seconded by Roethemeyer to approve the substitution of

securities by First National Bank as pledged to the County Treasurer. Upon roll call

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

Motion by Deterding, seconded by Roethemeyer to approve the addition of securities by

NebraskaLand National Bank as pledged to the County Clerk. 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.

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

Lincoln County Board of Equalization meeting held on July 6, 2010. Upon roll call vote

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

Motion by Roethemeyer, seconded by Deterding to approve and 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 Roethemeyer, seconded by Deterding to approve the motor vehicle tax

exemption application for North Platte Catholic Schools as recommended for approval

by the County Treasurer. Upon roll call vote Deterding, Roethemeyer and Hewgley

voted “aye”. Nays, none.

Motion by Deterding, seconded by Roethemeyer to approve the motor vehicle tax

exemption application for West Central District Health Department as recommended for

approval by the County Treasurer. Upon roll call vote Deterding, Roethemeyer and

Hewgley voted “aye”. Nays, none.

Motion by Deterding, seconded by Roethemeyer to approve the notice of valuation

changes numbered 2010- 178 thru 2010- 231as submitted by the County Assessor.

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

Troy Gavin and Randall Gaston of Prime Alliance Bank, and Joe Wright, Deputy County

Attorney was present to discuss personal property protests for 2009 and 2010. Mary

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

present.

Joe Wright confirmed with Prime Alliance Bank that the Bank requested this continence.

Randall stated that the lease with Midwest Renewable Energy LLC upon the equipment

in question is a financing lease not an operating lease. The equipment is not in use and

never has been. It has not been installed and no profit is being made. It is sitting in the

field. In their opinion, the personal property should be exempt.

Deputy County Attorney, Joe Wright, quoted from the master lease agreement between

Midwest Renewable Energy and Marquette Equipment Finance. (Marquette had

assigned the lease to Prime Alliance Bank) The quote is from the last paragraph in the

Lease Schedule No. 001 “Representation of Lessee; Lessor and Lessee agree that this

Schedule constitutes a “finance lease” under the Uniform Commercial Code – Article

2A, in that (a) Lessee has selected the Property in its sole discretion, (b) lessor has

acquired the Property solely for purposes of leasing such property under this schedule,

and (c) Lessee has received a copy of the contract evidencing Lessor’s purchase of the

Property.”

Joe Wright stated that the question is “Who owns the equipment?” This question is only

one of the factors that need to be determined.

In 2007 a sales and assignment agreement was entered between Marquette Equipment

Finance LLC and Prime Alliance Bank. This agreement was for Marquette and

Republic Bank to sell all of its rights, title and interest to the Property that being rented

to Midwest Renewable Energy LLC, and assigned the Lease to Prime Alliance Bank.

Commissioner Hewgley asked if there are any lawsuits pending at this time between the

parties involved. Marquette and Prime stated there were none.

Commissioner Hewgley stated that they will exam the facts and deliberate. A decision

will be rendered at a later date.

Troy Gavin of Midwest Renewable Energy LLC and Michelle Larson, Legal Counsel for

Marquette Equipment Finance (by phone) was present to discuss the personal property

protest for 2009 and 2010. Mark Carpenter of Republic Bank (by phone) and Joe

Wright, Deputy County Attorney was also present. Mary Ann Long, County Assessor

and Julie Stenger, Deputy County Assessor was also present.

Michelle Larson of Marquette stated that an appraisal of the equipment was submitted

to the County Assessor (which was received). Several letters where entered into

evidence that were sent between the Lincoln County Assessors office and Marquette.

Joe Wright once again stated that who owns the property is in question because

Marquette Equipment has been depreciating the property on federal income tax returns.

This would indicate ownership of the property. Another question presented is the type

of lease that was executed: operational lease or financial lease also the term of

conditional sale contract has been touched upon.

Marquette would like to have the amount of the personal property reduced.

Julie Stenger, Deputy County Assessor stated that for the assessor to change any

valuation, an amendment to the federal income tax return has to be submitted as per

statute. This amended schedule can be accepted up to 3 years.

Commissioner Hewgley stated that they will exam the facts and deliberate. A decision

will be rendered at a later date.

The Lincoln County Board of Equalization recessed at 11:00 A.M. and the Lincoln

County Board of Commissioners reconvened.

The new manager applicant, Shannon Staggs, for a liquor license for Sutherland

Reservoir Park was present requesting approval.

No comments were received as to pros or cons to the application for new management.

Motion by Deterding, seconded by Roethemeyer to approve the liquor license manager

application for Shannon Staggs submitted by Sutherland Reservoir Park. Upon roll call

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

Motion by Deterding, seconded by Roethemeyer to enter The county of Lincoln,

Nebraska into a contract with Ryan Docter, purchasing certain real estate for $870,

concerning the construction of a new viaduct in the Lincoln County (Front Road Grade

Separation Structure), Project RRZ-1390(3) and authorize the chairman to sign the

contract. Upon roll call vote Deterding, Roethemeyer and Hewgley voted “aye”. Nays,

none.

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

selective overtime mini-grant contract application and award to be submitted to the

Nebraska Office of Highway Safety in the amount of $12,500. Upon roll call vote

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

Lincoln County Sheriff, Jerome Kramer and Chief Deputy, Dean Sparks gave a

presentation on the need and cost of hiring additional detention officers. The

presentation outlined the need of 26 employees to cover staff requirements and the

shifts for the detention center and we currently have 18. The Commissioners have

already approved hiring 3 officers; the request is now to hire 3 more and an additional 2,

November 1, 2010. At this time it is taking up to 4 weeks to complete the required

exams and testing for detention officers. Once the new officers are trained, the

experienced officers will service on the Transition Team.

Motion by Deterding, seconded by Roethemeyer to authorize hiring 5 new correctional

officers, with the understanding that the last 2 hired will not occur until November 1,

2010. Upon roll call vote Deterding, Roethemeyer and Hewgley voted “aye”. Nays,

none.

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

Treanor Architects (appearing by phone) gave the board a construction update on the

Lincoln County Jail Project.

Motion by Roethemeyer, seconded by Deterding to go into closed session at 12:01 P.M.

for strategy session concerning collective bargaining with F.O. P. Lodge #26. Upon roll

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

Chairman Hewgley restated the reason for the closed session.

Motion by Roethemeyer, seconded by Deterding to go into open session at 12:45 P.M.

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

The Lincoln County Board of Commissioners recessed at 1:40 P.M. and the Lincoln

County Board of Equalization reconvened.

Discussed and considered 2010 property valuation protests that were filed.

The Lincoln County Board of Equalization adjourned at 2:50P.M. and the Lincoln

County Board of Commissioners reconvened.

Approved the following claims presented for payment:

The meeting was adjourned at 3:00 P.M.

Advance notice and the agenda for the July 12, 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 July 19, 2010 will be kept continually current

and open for 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.

 

Terry L. Heessel

                        Deputy Lincoln County Clerk

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