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September 20, 2010 Minutes  

September 20, 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,

and Deputy County Clerk, Terry Heessel. Commissioner 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 September 13, 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 approve the substitution of

securities by NebraskaLand National 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 approve the substitution of

securities by Wells Fargo Bank, NA 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 receive and order filed the fee

reports submitted by County Sheriff. Upon roll call vote Deterding, Roethemeyer and

Hewgley voted “aye”. Nays, none.

Motion by Deterding, seconded by Roethemeyer to send a written notice to Dawson

County terminating the contract for jail services, giving a 30 day notice. Upon roll call

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

Motion by Roethemeyer, seconded by Deterding approve interlocal agreement with the

City of North Platte for maintenance of roads, based upon the recommendation of Jerry

Hitchcock and to approve the interlocal agreement with the City of North Platte for

network services. 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 Long and Deputy County Assessor Stenger were present.

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

Lincoln County Board of Equalization meeting held on September 13, 2010. Upon roll

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

Motion by Deterding, seconded by Roethemeyer to approve the certificates of correction

and refunds as submitted by the County Assessor. Upon roll call vote Deterding,

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

Carol Bender was present to discuss homestead exemption which was denied by the

County Assessor. The County Assessor’s office had not received a new physician’s

certification of disability since the September 7, 2010 meeting. Ms Bender presented a

certification signed by the doctor. After discussion the County Board decided to call the

physician (Dr. Brittan) and discuss this matter with him. He was not in the office. The

office will have Dr. Brittan contact the County Board. Chairman Hewgley continued this

item until the Doctor could be reached.

Homestead exemption protest by John R. Cervantez (Rodriguez). Mr. Cervantez did

not appear, and the County Assessor’s office has had no response.

Motion by Roethemeyer, seconded by Deterding to affirm the Assessors decision to

deny the homestead exemption for John R. Cervantez (aka Rodrigues). Upon roll call

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

Dr. Brittan called in to discuss homestead exemption for Carol Bender. The call was put

on speaker phone. Dr. Britton said that there is not a doctor in town that gives a

disability rating. To get a disability rating, is a complex assessment. Disability is solely

based on loss of function, not on degree of pain. He based Ms. Benders degree of

disability (on form 458B dated 9-15-10) upon Dr. Simpson’s opinion back in 2006.

Ms. Bender stated that in the past she has had testing by a local physical therapist,

which was on doctors orders, but the therapist said it was to grueling, therefore the

therapist performed a different test.

Deputy County Assessor stated according to their records that year the homestead was

denied as the physician’s statement was marked that the applicant does not meet any

of the exemptions as listed.

The County Board examined the documents from the County Assessor, and the

testimony with Dr. Brittan. Chairman Hewgley stated that it would be to Ms Bender’s

advantage to contact a doctor that could get a disability rating and submit this

information to the County Assessor. Ms. Bender requested a name of a doctor that can

provide this rating. Chairman Hewgley suggested contacting her doctor or possibly the

Nebraska Health and Human Services.

Motion by Deterding, seconded by Roethemeyer to affirm the rejection of Homestead

exemption based on the information received for Carol Bender. Upon roll call vote

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

Marge Conway of Poer and Company representing CNH Capital America LLC

addressed the County Board of Equalization by telephone to discuss the protest of

penalty on person property. They are a new tax advisor for CNH Capital America, not

all of the information had been forward to them in a timely manner.

Deputy County Assessor, Julie Stenger, stated that the envelope was postmarked after

the deadline. In the future, please send in the form by the deadline and amendments

can be made to the original.

Chairman Hewgley, requested the direction from the Deputy County Attorney, Joe

Wright, as to what the County Board can do according to law. Deputy Attorney said

according to Nebraska Statue 77-1233.06(2) the County Board of Equalization is limited

to correcting penalties which were wrongly imposed or incorrectly calculated. The

county board of equalization shall have no authority to waive or reduce any penalty

which was correctly imposed and calculated.

Motion by Deterding, seconded by Roethemeyer to affirm the action of the county

assessor to impose the penalty for late filling. Upon roll call vote Deterding,

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

The Lincoln County Board of Equalization adjourned at 9:45 A.M. and the Lincoln

County Board of Commissioners reconvened.

Claudine Thorne, Deputy County Attorney of Child Support Enforcement requested the

County Board to enter into an agreement with McPherson County for Child Support

services.

Motion by Roethemeyer, seconded by Deterding to approve the agreement for Child

Support enforcement with McPherson County. Upon roll call vote Deterding,

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

Motion by Deterding, seconded by Roethemeyer to adopt Resolution 2010-23 amending

Section 14.1 of Article XIV Supplementary District Regulations of Lincoln County’s

Zoning Regulations, which eliminates Regulation of Windmill Generators and adds

Regulation for Small Wind Energy Conversion Systems and Regulation for

Commercial/Utility Grade Wind Energy Conversion Systems to cover Wind Energy

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

Nays, none.

The amendments to the Lincoln County Zoning Regulations will be published in book or

pamphlet form by the Lincoln County Clerk.

The Resolution with attachments will be spread in the minutes of the Lincoln County

Board of Commissioners.

Kirk Nichols (Construction Project Manger/Owner Representative) and Carol Rouw of

Treanor Architects (appearing by phone) gave a construction update of the Lincoln

County Jail Project.

Motion by Deterding, seconded by Roethemeyer to go into closed session at 10:55 A.M.

concerning strategy regarding potential litigation and to protect attorney-client privilege,

which is clearly necessary to protect the public interest. Upon roll call vote Deterding,

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

Chairman Hewgley restated the motion.

Motion by Deterding, seconded by Roethemeyer to go into open session at 11:43 A.M.

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

Approved the following claims presented for payment:

The meeting was adjourned at 12:06 P.M.

Advance notice and the agenda for the September 20, 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 September 27, 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 Commissioner’s 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 Commissioner’s Room at 9:15 A.M.

 

Terry L. Heessel

                         Deputy Lincoln County Clerk

 

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