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October 25, 2010 Minutes  

October 25, 2010

North Platte, Nebraska

 

Meeting of the Lincoln County Board of Commissioners. Present were Commissioners Joe Hewgley,

Willis Roethemeyer, Duane Deterding, Board Assistant, Tammy White and County Clerk, Rebecca

Rossell. 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 Roethemeyer, seconded by Deterding to approve the minutes regarding the Lincoln County

Board of Commissioners meeting held on October 18, 2010. Upon roll call vote Hewgley Deterding

and Roethemeyer 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 and authorize the Chairman to sign the

right of way permit submitted by Ann Dimmitt. 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 permit submitted by Consolidated Companies Inc. Upon roll call vote Deterding,

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

Deputy County Attorney, Joe Wright, arrived at 9:09 A.M.

Motion by Deterding, seconded by Roethemeyer to recommend approval to the Nebraska Liquor

Control Commission for a special designated liquor permit submitted by Donald Garrick for an event

to be held at the Creekside Event Center on November 2, 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 mini-grant

applications to be submitted to the Nebraska Office of Highway Safety for the Lincoln County Sheriff’s

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

The Lincoln County Board of Commissioners recessed at 9:16 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, was present.

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

Board of Equalization meeting held on October 18, 2010. Upon roll call vote Deterding, Roethemeyer

and Hewgley voted “aye”. Nays, none.

 

No certificates of correction or refund were submitted.

The Lincoln County Board of Equalization adjourned at 9:17 A.M. and the Lincoln County Board of

Commissioners reconvened.

Tim Vanderheidan, representing the majority of home owners in Gifford Subdivision, appeared to

discuss Saddle Road and Horseshoe Lane, which are private roads within the subdivision. They were

requesting assistance by having the county accept them as county roads or having the residents

bring the roads up to standards and maintaining them with some maintenance assistance from the

county.

Commissioner Roethemeyer explained that this particular subdivision had no involvement by the

planning commission due to acreage. The developer bought the ground, sold the lots and there are

no covenants or home owners association established. It is a bad deal, but the county did not create

the problem and it is very expensive to build a road. He suggested they hire a local person or

company to help build the roads up and with snow removal.

Commissioner Deterding also commented that the county does not have enough resources or man

power to maintain private roads in the county.

Mr. Vanderheidan requested that the planning commission address this issue in the future and

prevent this from happening to other people.

Paul Cooper, Veterans Service Officer, gave his quarterly report ending September 30, 2010.

Myron Walker appeared to discuss purchase of real property owned by Lincoln County that is

adjacent to his property.

Deputy County Attorney, Joe Wright, reported that Mr. Walker had to acknowledge before the board

that he is interested in buying this property and then there is a state statute that provides the

mechanism for the process.

Mr. Walker commented that he had a survey done on his property and the surveyor suggested

purchasing this property from the county.

Motion by Deterding, seconded by Roethemeyer to put the following matter on the agenda at the

Board’s next meeting November 1, 2010, at 9:30 A.M., to discuss and consider to proceed under

Neb. Rev. Statute 23-107.01, regarding publication requirements, setting date for the public hearing,

what to put in the notice, allow the public to discuss for or against the sale or lease of the property,

discussion about the property being surplus, description of property, and what the fair market value of

the property should be. The description of the property is: The South 20 feet of Lot 1 and that part of

Lot 2 lying South of the line drawn parallel with and 112.5 feet South of the north line of said Lot 2, in

Block 6, Bellevue Addition to North Platte, Lincoln County, Nebraska. Upon roll call vote Deterding,

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

 

Kirk Nichols (Construction Project Manager/Owners 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 10:26 A.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 10:52 A.M. Upon roll call

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

No action was taken following the closed session.

Motion by Deterding, seconded by Roethemeyer to go into closed session at 11:42 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 reason for the closed session.

Motion by Deterding, seconded by Roethemeyer to go into open session at 12:05 P.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 12:07 P.M.

Advance notice and the agenda for the October 25, 2010 board meetings were sent to members of

the County Board, County Attorney and all other 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 November 1, 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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