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July 19, 2010 Minutes  

July 19, 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 9:00

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 12, 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 authorize the Chairman to sign the

Grant Award and Special Conditions for the 2010 Community Connections Grant. 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

right of way application submitted by Consolidated Companies Inc. Upon roll call vote

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

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

right of way application submitted by Qwest. Upon roll call vote Deterding,

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

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

reports submitted by the Register of Deeds and County Sheriff. Upon roll call vote

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

Motion by Deterding, seconded by Roethemeyer to reappoint Jerry Hitchcock to the

Lincoln County Safety Committee for a three year term. Upon roll call vote Deterding,

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

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

Community Block Grant application for 2010 in the amount of $400,000 and authorize

the Lincoln County Community Development Corporation to administrate the grant.

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

Recessed as the Lincoln County Board of Commissioners and convened as the Lincoln

County Board of Equalization at 9:18 A.M.

Deputy County Assessor, Julie Stenger was present and Deputy County Clerk, Terry

Heessel.

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 Roethemeyer, seconded by Deterding to approve the minutes regarding the

Lincoln County Board of Equalization meeting held on July 12, 2010. Upon roll call vote

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

No certificates of correction or refund were submitted by the County Assessor.

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

numbered 2010-232 thru 2010-291 as submitted by the County Assessor. Upon roll call

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

The personal property protests filed by Marquette Equipment Finance LLC and Prime

Alliance Bank were discussed.

Commissioner Hewgley confirmed that they were listening to appeals from both

companies due to an action by the Lincoln County Assessor.

Commissioner Roethemeyer expressed that his conclusion was that Marquette was the

owner of the property until they sold it. Midwest Renewable Energy paid a monthly

rental plus use tax and in the purchase option it specifically states property taxes,

therefore Midwest is liable for the taxes by the lease agreement. Marquette set the

value of the property on their federal tax form.

Deputy County Assessor, Julie Stenger, replied that was correct. The value is the

reported value on the tax return. There has been some discussion about Marquette

amending federal tax returns, but until that happens by statute there is nothing the

Assessor’s Office can do to change the value. One return was filed originally, but now

we have two parties filing protests.

County Assessor, Mary Ann Long arrived at 9:39 A.M.

Commissioner Hewgley commented that Prime Alliance Bank had requested a zero

value then asked for another amount.

Wright responded yes.

Stenger related that they had contacted the state department and they state sees it as

being cut and dried. Marquette is depreciating it out on the federal tax return so it

belongs to them.

Commissioner Hewgley verified that Republic Bank is the owner of the equipment.

Wright confirmed that Marquette is an agent for Republic Bank and Republic Bank did

not object on the phone to Marquette filing.

Commissioner Hewgley commented that it appears that Republic Bank and Marquette

were on the same page.

Stenger commented that the Assessor’s Office stand is that it is income producing.

Commissioner Deterding commented that the equipment is the banks collateral.

Deputy County Attorney Wright stated that Marquette is asking for a reduction in the

value of the property.

Motion by Roethemeyer, seconded by Deterding on 2009-1PP personal property protest

filed by Marquette Equipment Finance LLC with a value of $3,991,959 that there be no

change based on the following. Marquette is an agent for Republic Bank and Marquette

has set the value on the federal tax schedule for depreciation. The value is to remain

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

none.

Motion by Roethemeyer, seconded by Deterding on 2010-1PP personal property protest

filed by Marquette Equipment Finance LLC with a value of $3,393,317 that there be no

change based on the following. Marquette is an agent for Republic Bank and Marquette

has set the value on the federal tax schedule for depreciation. No change in value.

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

Motion by Deterding, seconded by Roethemeyer on 2009-2PP personal property protest

filed by Prime Alliance Bank with a value of $913,879. The Assessor recommended no

change and the value has been set by the federal depreciation schedule. No change

for 2009. Upon roll call vote Deterding, Roethemeyer and Hewgley voted “aye”. Nays,

none.

Motion by Deterding, seconded by Roethemeyer on 2010-2PP personal property protest

filed by Prime Alliance Bank with a value of $776,832. They had requested a zero

value. The Assessor recommended no change and agrees with the Assessor that the

value has been set by the federal depreciation schedule. Upon roll call vote Deterding,

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

The Lincoln County Board of Equalization recessed at 10:16 A.M. and the Lincoln

County Board of Commissioners reconvened.

A public hearing was opened at 10:17 A.M. concerning File No. Z10-001 application by

Perrett Construction Ltd to rezone a 29.01 acre tract of land described as follows from

an A-1 Agricultural District to an I-1 Light Industrial District. The I-1 Light Industrial

District is intended for the purpose of allowing certain industrial uses. The land is

located on North Lakota Road in the Northwest Quarter of Section 11; Township 14

North; Range 30 West of the 6th P.M. Lincoln County, Nebraska.

Judy Clark, County Planning Administrator, read the review comments and stated that

the planning staff had no objections. The city and county have very few light industrial

districts.

Gregg Perrett commented that he has had at least one project in this area for the past

20 years and he has one Supt. and half dozen employees that live here.

Commissioner Roethemeyer asked if there was a house on the property.

Perrett responded that the house had been split off. He included pictures from his

business in Valentine to show that he takes pride in his property and equipment and

wants it to look nice.

Bruce Richman reported that he had attended the planning commission meeting as he

owns the property directly north of the property being discussed. He does not want to

stand in the way of progress and would be willing to give the county right of way to build

a road to extend Lakota to Highway 83.

Buck Hood, a resident that lives on Lakota Road expressed concern about the sound

levels and if there was a maximum decibel level in the zoning regulations.

Clark could find no limit in the zoning manual but indicated there is a statutory limit by

Nebraska State Statute.

Hood then asked about a concrete grinding site on the property.

Perrett responded that it would not be there full time.

Hood indicated that it was his understanding there could be a concrete plant but not an

asphalt plant on the site. If an asphalt plant was to be added later would he be notified.

Clark replied that he would be notified.

Hood then stated he was concerned about odor, noise and the limited use of strip

mining. He would like to see the road go thru to Highway 83.

Susan Hood commented that due to the lack of commercial zoning at this time, it sets

the county up for unneeded conflict and suggested better planning in the future to avoid

these conflicts.

Clark reported that the county and city are in the process of a comprehensive plan

update and her plan is to lay out future land use and development areas. It will take

approximately 18 months to complete.

Vicky Hansen voiced that her husband is the Supt. for Perrett Construction and they

had been looking for a site for some time and thought they had found the perfect spot.

They have tried to address the neighbor’s concerns and have grass seed bought.

The public hearing was closed at 10:41 A.M.

Commissioner Hewgley asked Perrett if he would like to see a road to Highway 83 and

if he would be willing to have some participation.

Perrett replied yes.

Motion by Roethemeyer, seconded by Deterding to adopt and approve Resolution

2010-14 rezoning a 29.01 acre tract of land from A-1 Agricultural District to I-1 Light

Industrial District. Upon roll call vote Deterding, Roethemeyer and Hewgley voted “aye”.

Nays, none.

Becky Hoaglund of the Rape and Domestic Abuse Program made a brief presentation

to the board concerning upcoming events and requested some financial assistance, if

possible, for travel expenses for their organization in the 2010/2011 county budget.

Jim Nitz, Emergency Management Director, gave his quarterly report the period ending

June 30, 2010.

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.

Approved the following claims presented for payment:

The Lincoln County Board of Commissioners recessed at 11:55 A.M.

The Lincoln County Board of Commissioners reconvened at 1:00 P.M.

The Lincoln County Board of Commissioners recessed at 1:01 P.M. and the Lincoln

County Board of Equalization reconvened.

Discussed and considered 2010 property valuation protests.

The Lincoln County Board of Equalization adjourned at 3:35 P.M.

The Lincoln County Board of Commissioners adjourned at 3:36 P.M.

Advance notice and the agenda for the July 19, 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 26, 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.

 

Rebecca J. Rossell

     Lincoln County Clerk

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