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March 7, 2011 Minutes  

March 7, 2011
North Platte, Nebraska

 

Meeting of the Lincoln County Board of Commissioners.  Present were Commissioners Joe Hewgley, Duane Deterding, Willis Roethemeyer, County Clerk, Rebecca Rossell, Deputy County Attorney, Joe Wright and Board Assistant, Tammy White.  Deterding offered prayer.  Chairman Deterding called the meeting to order at 9:05 A.M.

Chairman Deterding 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 Hewgley to approve minutes regarding the Lincoln County Board of Commissioners meeting held on March 7, 2011.  Upon roll call vote Hewgley, Roethemeyer and Deterding voted “aye”.  Nays, none.
Motion by Hewgley, seconded by Roethemeyer to receive and order filed the treasurer’s receipts.  Upon roll call vote Hewgley, Roethemeyer and Deterding voted “aye”.  Nays, none.
Motion by Roethemeyer, seconded by Hewgley to approve the special designated liquor permit submitted by the Lincoln County Ag Society for an event to be held on July 22, 2011.  Upon roll call vote Hewgley, Roethemeyer and Deterding voted “aye”.  Nays, none.
Motion by Hewgley, seconded by Roethemeyer to approve a grant application to be submitted to National CASA in the amount of $37,771 for Lincoln County, Nebraska.  Upon roll call vote Hewgley, Roethemeyer and Deterding voted “aye”.  Nays, none.
Motion by Hewgley, seconded by Roethemeyer to approve the substitution of securities by NebraskaLand National Bank as pledged to the Lincoln County Treasurer.  Upon roll call vote Hewgley, Roethemeyer and Deterding voted “aye”.  Nays, none.
Motion by Roethemeyer, seconded by Hewgley to receive and order filed the fee reports submitted by the County Sheriff, County Clerk and County Treasurer.  Upon roll call vote Hewgley, Roethemeyer and Deterding voted “aye”.  Nays, none.
Motion by Hewgley, seconded by Roethemeyer to approve the right of way permit submitted by Frey Pivot Services.  Upon roll call vote Hewgley, Roethemeyer and Deterding voted “aye”.  Nays, none.
Motion by Roethemeyer, seconded by Hewgley to approve and adopt Resolution No. 2011-10 establishing a $100 petty cash fund for Lincoln County Court – Criminal Division.  Upon roll call vote Hewgley, Roethemeyer and Deterding voted “aye”.  Nays, none.
Deputy County Attorney, Joe Wright explained why the resolution concerning eminent domain proceedings was necessary.
Motion by Hewgley, seconded by Roethemeyer to approve and adopt Resolution No. 2011-11 instituting eminent domain proceedings on Tracts No. 11 and 13 in Project No. RRZ-1390(3), Control No. 61416, regarding project commonly known as Front Road Grade Separation, concerning real estate owned by Hansen’s Hidden Acres, LLC, which is located in Section 26. Township 14 North, Range 32 West of the 6thP.M., Lincoln County, Nebraska and per exhibit C made more than one diligent effort to avoid this process.
The Lincoln County Board of Commissioners recessed at 9:23 A.M. and the Lincoln County Board of Equalization convened.
Chairman Deterding 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, Julie Stenger, appeared. Motion by Roethemeyer, seconded by Hewgley to approve the minutes regarding the Lincoln County Board of Equalization meeting held on February 28, 2011.  Upon roll call vote Hewgley, Roethemeyer and Deterding voted “aye”.  Nays, none.
No certificates of correction or refund were submitted by the County Assessor.
The Lincoln County Board of Equalization adjourned at 9:24 A.M. and the Lincoln County Board of Commissioners reconvened.
Motion by Hewgley, seconded by Roethemeyer to set March 28, 2011 at 10:30 A.M. to accept bids for Lincoln County Dept. of Roads micro-surfacing for 2011.  Upon roll call vote Hewgley, Roethemeyer and Deterding voted “aye”.  Nays, none.
Lois Block, Lincoln County Register of Deeds, was present to comment on the Simplifile, LC contract.  There is no fee to Lincoln County for electronic filing, no additional fees to the filer only the statutory fee, and the filer will credit the statutory fees directly to her Register of Deeds account.
Commissioner Hewgley asked how Simplifile makes their money.
Block replied that they charge the title companies, banks, attorneys for use of their service.Commissioner Hewgley questioned if the county had any liability.
Deputy County Attorney, Joe Wright reported that it was covered in the contract.
Commissioner Roethemeyer wondered how the Register of Deeds office would know who has a contract with Simplifile.
Block responded that she would get a list and updates from Simplifile.
Motion by Hewgley, seconded by Roethemeyer to approve and authorize the chairman to sign a contract with Simplifile, LC to allow electronic filing with the Lincoln County Register of Deeds office.  Upon roll call vote Hewgley, Roethemeyer and Deterding voted “aye”.  Nays, none.
CASA board member, Margene Phares, commented that the CASA presentation at last week’s meeting had addressed the need for the program and benefits to Lincoln County.
Commissioner Hewgley asked when the program would start up.
Phares replied they are hoping to start up, hire a director and start training around July 1, 2011.
Commissioner Deterding questioned how the director is paid.
Phares responded the salary will be paid from the grant funds.
Commissioner Deterding then asked what the $7000 county match would be used foPhares stated that it would round out the $45,000 operating budget that will be needed for the program.
Commissioner Deterding asked if office space had been discussed.
Phares replied no.
Commissioner Roethemeyer questioned how much office space would be needed.
Phares stated enough for one person.
Motion by Hewgley, seconded by Roethemeyer to approve the request for $7000 and provide one office for that purpose.
Commissioner Hewgley suggested 3 or 4 sources to help with the $7000 commitment and discussed the possibility of using the office space that is currently being used by Kirk Nichols.
Commissioner Deterding commented that there is also some possible space on third floor that was discussed with the District Judges.
Upon roll call vote Hewgley, Roethemeyer and Deterding voted “aye”.  Nays, none.
Kirk Nichols (Construction Project Manager/Owners Representative) and Dan Rowe of Treanor Architects (appearing by phone) gave an update on the Lincoln County Sheriff’s Office and Detention Center.
Motion by Hewgley, seconded by Roethemeyer to go into closed session at 10:21 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 Hewgley, Roethemeyer and Deterding voted “aye”.  Nays, none.
Chairman Deterding restated the motion for the closed session.
Motion by Roethemeyer, seconded by Hewgley to go into open session at 10:53 A.M.  Upon roll call vote Hewgley, Roethemeyer and Deterding voted “aye”.  Nays, none.
Approved the following claims presented for payment:
The meeting was adjourned at 12:10 P.M.
Advance notice and the agenda for the March 7, 2011 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 March 14, 2011 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.

 

 

 

Rebecca J. Rossell
Lincoln County Clerk

 

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