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April 11, 2011 Minutes  

April 11, 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 and Board Assistant, Tammy White.  Roethemeyer offered prayer.  Chairman Deterding called the meeting to order at 9:00 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 Hewgley, seconded by Roethemeyer to approve the minutes regarding the Lincoln County Board of Commissioners meeting held on April 4, 2011.  Upon roll call vote Hewgley, Roethemeyer and Deterding voted “aye”.  Nays, none.

 

Motion by Roethemeyer, seconded by Hewgley to receive and order filed the treasurer’s receipts.  Upon roll call vote Hewgley, Roethemeyer and Deterding voted “aye”.  Nays, none.

 

Motion by Hewgley, seconded by Roethemeyer to receive and order filed the fee reports submitted by County Clerk, Clerk of District Court, County Treasurer, County Court and County Sheriff.  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 Valley Pro.  Upon roll call vote Hewgley, Roethemeyer and Deterding 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 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 and County Treasurer, Sue Fleck was present.

 

Motion by Roethemeyer, seconded by Hewgley to approve the minutes regarding the Lincoln County Board of Equalization meeting held on April 4, 2011.  Upon roll call vote Hewgley, Roethemeyer and Deterding voted “aye”.  Nays, none.

 

No certificates of correction or refund were submitted.

 

Motion by Hewgley, seconded by Roethemeyer to approve the motor vehicle tax exemption application submitted by North Platte Catholic Schools as recommended for approval by the County Treasurer.  Upon roll call vote Hewgley, Roethemeyer and Deterding voted “aye”.  Nays, none.

 

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

 

Sheriff Kramer appeared to discuss the special designated liquor application submitted by Cowpoke LLC.  He reported that he had talked to the owner by telephone and questioned if they would have enough staff to control the premises and minors for the number of estimated guests.

 

The applicant was contacted by phone and assured law enforcement that they would have adequate staff present to handle the event.  Wes Wills also appeared to answer questions about the event.

 

Motion by Roethemeyer, seconded by Hewgley to approve the special designated liquor permit submitted by Cowpoke LLC for an event to be held at the fairgrounds on May 14, 2011.  Upon roll call vote Hewgley, Roethemeyer and Deterding voted “aye”.  Nays, none.

 

Chairman Deterding reported that Steven Kramer had declined the job offer for the Noxious Weed Superintendent position.  He thanked Noxious Weed Board Chairman, Darold Miller for his participation in the process.

 

Commissioner Hewgley commented that we have two full time sprayers currently.  He suggested that the county keep advertising for seasonal sprayers and re-advertise for the Noxious Weed Supt. position and appoint one person to conduct the interviews this time.

 

Motion by Hewgley, seconded by Roethemeyer to advertise for the Lincoln County Noxious Weed Supt. position and establish a time line by next week.  Also, to direct the board assistant to work with the County Board Chairman and Noxious Weed Board Chairman and establish where to publish/post the advertisement.  Upon roll call vote Hewgley, Roethemeyer and Deterding voted “aye’.  Nays, none.

 

County Board discussed the following Administrative Settlement Report, entering The county of Lincoln into the following contracts, and giving the authority to the Chairman to sign the documents, concerning the construction of a new viaduct in Lincoln County (Front Road Grade Separation), Project RRZ-1390(3) and State Control No. 61416.

 

Motion by Hewgley, seconded by Roethemeyer to approve and authorize the Chairman to sign an Administrative Settlement Report concerning real estate owned by Arline Kumor, a widow.  Offer being $135,000.  The real estate is located in Section 29; Township 14 North, Range 31 West of the Sixth Principal Meridian, in the County of Lincoln, Nebraska.  Upon roll call vote Hewgley, Roethemeyer and Deterding voted “aye”.  Nays, none.

 

Motion by Hewgley, seconded by Roethemeyer to approve and authorize the Chairman to sign a Temporary Easement Contract with Arline Kumor, a widow, acquiring a temporary easement to certain real estate, owned by Arline Kumor, for $88,200.  The real estate is located in Section 29; Township 14 North; Range 31 West of the Sixth Principal Meridian, in the County of Lincoln, Nebraska.  Upon roll call vote Hewgley, Roethemeyer and Deterding voted “aye”.  Nays, none.

 

Motion by Hewgley, seconded by Roethemeyer to approve and authorize the Chairman to sign a Partial Acquisition Contract with Arline Kumor, a widow, purchasing certain real estate, owned by Arline Kumor, for $46,800.  The real estate is located in Section 29; Township 14 North; Range 31 West of the Sixth Principal Meridian, in the County of Lincoln, Nebraska.  Upon roll call vote Hewgley, Roethemeyer and Deterding voted “aye”.  Nays, none.

 

Motion by Hewgley, seconded by Roethemeyer to approve and authorize the Chairman to sign an Acquisition contract of leasehold interest with Gary Kuhlmann and Randy Kuhlmann, acquiring leasehold interest to certain real estate, possessed by Gary Kuhlmann and Randy Kuhlmann for $25.00.  The real estate is located in Section 29; Township 14 North; Range 31 West of the Sixth Principal Meridian, in the County of Lincoln, Nebraska.  Upon roll call vote Hewgley, Roethemeyer and Deterding voted “aye”.  Nays, none.

 

Commissioner Hewgley asked Andy & Kirk Olson if they wanted the sliver of land that would be left on Tract No. 10 if eminent domain proceedings were to begin.

 

Andy replied that the he did not want the sliver of land.  He commented that he did not want to be difficult, but he didn’t want to be taken advantage of either.  He wants fair market value for the real estate and recent railroad purchase paid considerably more for the real estate.

 

County Highway Supt., Jerry Hitchcock, explained that a settlement could still be reached up to the actual hearing.  The railroad purchase that was mentioned was an open ended contract and cannot be used in appraisals.

 

Motion by Roethemeyer, seconded by Hewgley to approve and adopt Resolution No. 2011-16 instituting eminent domain proceedings on Tract No. 10, Option A, in Project RRZ-1390(3), Control No. 61416, regarding project commonly known as Front Road Grade Separation, concerning real estate owned by Olson Farms, Inc., which is located in Section 27; Township 14North; Range 32 West of the Sixth Principal Meridian, Lincoln County, Nebraska.  Upon roll call vote Hewgley, Roethemeyer and Deterding voted “aye”.  Nays, none.

 

Commissioner Hewgley then questioned if Olson’s would want to retain the small section on Tract No. 14.

 

Andy responded yes.

 

Hitchcock explained that Option A included 4.86 acres and Option B included 1.18 acres and all the county needs is the road right of way.

 

Hewgley asked why Olson’s wished to retain this piece.

 

Andy commented they wanted the dirt for fill at the feed lot.

 

Andy then questioned why this tract was going to eminent domain when he thought they had an agreement.

 

Hitchcock replied that it was his understanding that they had requested additional monetary compensation.

 

Andy related that he thought they had agreed to $19,440 with the county building the fence, they would retain the water rights and they would still be able to use the well while it is still functioning.

 

Board took no action on the resolution.

 

Motion by Hewgley, seconded by Roethemeyer to try to reach an agreement instead on Tract No. 14 and continue the agenda item until next week.  Upon roll call vote Hewgley, Roethemeyer and Deterding voted “aye”.  Nays, none.

 

Sheriff Kramer told County Board members that the civil service computer program is antiquated and will need to be replaced.  It will not function in the new facility.  He is looking at several options that are available and requested no action from the board at this time.

 

Approved the following claims presented for payment:

 

The meeting was adjourned at 11:12 A.M.

 

Advance notice and the agenda for the April 11, 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 April 18, 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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