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August 27, 2012 Minutes  

August 27, 2012

North Platte, Nebraska

 

Meeting of the Lincoln County Board of Commissioners. Present were Commissioners Joe Hewgley, Duane Deterding, Willis Roethemeyer, and County Clerk, Rebecca Rossell.  Hewgley offered prayer.  Chairman Roethemeyer called the meeting to order at 9:00 A.M.

 

Chairman Roethemeyer 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 Hewgley to approve the minutes regarding the Lincoln County Board of Commissioners meeting held on August 20, 2012.  Upon roll call vote Hewgley, Deterding and Roethemeyer voted “aye”.  Nays, none.

 

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

 

Motion by Deterding, seconded by Hewgley to receive and order filed the fee report submitted by the County Sheriff.  Upon roll call vote Hewgley, Deterding and Roethemeyer 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 Roethemeyer 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 Deterding, seconded by Hewgley to approve the minutes regarding the Lincoln County Board of Equalization meeting held on August 20, 2012.  Upon roll call vote Hewgley, Deterding and Roethemeyer voted “aye”.  Nays, none.

 

Motion by Hewgley, seconded by Deterding to approve the certificates of correction or refund submitted by the County Assessor.   Upon roll call vote Hewgley, Deterding and Roethemeyer voted “aye”.  Nays, none.

 

Motion by Deterding, seconded by Hewgley to approve the change of valuation notices numbered 2012-047 thru 2012-049 as submitted by the County Assessor.  Upon roll call vote Hewgley, Deterding and Roethemeyer voted “aye”.  Nays, none.

 

The Lincoln County Board of Equalization adjourned at 9:20 A.M. and the Lincoln County Board of Commissioners reconvened.

 

Motion by Hewgley, seconded by Deterding to approve and adopt Resolution No. 2012-24 determining final allocation of levy for political subdivisions under the county levy.  Upon roll call vote Hewgley, Deterding and Roethemeyer voted “aye”.  Nays, none.

 

Motion by Deterding, seconded by Hewgley to appoint Marlene Flaming to the Lincoln County Planning Commission for a three year term.  Upon roll call vote Hewgley, Deterding and Roethemeyer voted “aye”.  Nays, none.

 

Lincoln County Clerk, Rebecca Rossell, stated that the conservation easement on real property owned by Double Dog Ranch, LLC was referred to the Lincoln County Planning Commission on June 4, 2012 and no comments of any kind were received by the Lincoln County Board of Commissioners.

 

Lincoln County Planning Administrator, Judy Clark, informed the board that more than 60 days have passed since the referral was made by the Lincoln County Board of Commissioners requesting comments from the Lincoln County Planning Commission.   Forwarding of comments from the Planning Commission failed due to lack of a second to a motion.

 

Deputy County Attorney, Joe Wright, reported that the Lincoln County Board of Commissioners had been presented copies of Nebraska State Statute concerning this item.

 

John Cunningham, attorney representing Wetlands America Trust, and Double Dog Ranch, LLC commented that Judy Clark did not comment on the rest of the state statute concerning that if no comments were received in 60 days it is considered approved.

 

This easement does not violate any current planning/zoning regulations and meets the comprehensive plan.

 

Commissioner Roethemeyer asked who pays the taxes.

 

Cunningham replied that the land owner does.

 

Commissioner Hewgley questioned what happens if Ducks Unlimited becomes the owner, would they pay taxes and do they currently own property.

 

Steve Donovan, of Ducks Unlimited, reported that Ducks Unlimited does own property in Nebraska but not in Lincoln County.

 

Commissioner Hewgley asked if Ducks Unlimited was tax exempt.

 

Donovan responded that they were not tax exempt and do pay property taxes even though they are a 501(c) 3.

 

Commissioner Deterding questioned if they pay taxes on current valuations.

 

Donovan replied that they pay taxes on the value established by the County Assessor.

 

Cunningham explained that Wetlands America Trust is a holding company for Ducks Unlimited.

 

Commissioner Roethemeyer commented that he had spoken with Mr. Donovan prior the meeting and he indicated that the property owner would pay the taxes as long as the easement is in effect and would not have a problem with that written into the agreement.

 

Cunningham stated that the county can make a designation for land use but the property owner can make application to change it.

 

Commissioner Roethemeyer said he was o.k. with it if everyone follows the rules.  If a tax exempt entity buys the property and the easement would stop. He asked if this could be written into the lease.

 

Cunningham replied that legislation has made no concessions for this to be part of the consideration.

 

Commissioner Deterding responded that anything that concerns tax revenues and tax base for the county does concern him.

 

Donovan interjected that easement transfers to any future land owner must abide by the terms of the easement.

 

Cunningham said nothing changes for the county.

 

Donovan pointed out that Section 4.2 of the easement includes payments for all real estate taxes, etc.

 

Commissioner Deterding requested that they look at Section 3.3 concerning structures and buildings.

 

Cunningham replied that this section does allow areas that the land owner can use for personal structures and buildings.  It is not the intent of the easement to reduce the tax base.

 

Motion by Hewgley, seconded by Deterding to approve the proposed acquisition submitted by Wetlands America Trust, Inc., that is acquiring a conservation easement on real property owned by Double Dog Ranch, LLC, located in Section 6 & 7, Township 13 North, Range 34 West of the 6th P.M., Lincoln County, Nebraska.  Motion carried.

 

Dan Schmitz of Select Mailing Services presented a request to the board concerning new bar code requirements by the United States Postal Service and a request for a one time fee to subsidize the enhancements needed by his business to continue providing the service to Lincoln County.  If he did not continue his service the county would have to set up a mail room and rent a meter at considerable expense to the county.

 

Approve the one- time fee to Select Mailing Services.  Motion carried.

 

A budget work session was held.

 

Approved the following claims as presented for payment:

 

The Lincoln County Board of Commissioners recessed at 12:50 P.M.

 

The Lincoln County Board of Commissioners reconvened at 2:00 P.M.

 

The budget work session continued.

 

The meeting was adjourned at 3:05 P.M.

 

Advance notice and the agenda for the August 27, 2012 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 Tuesday, September 4, 2012 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 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 at the Lincoln County Courthouse in the Commissioners Room at 9:15 A.M.

 

Rebecca J. Rossell

Lincoln County Clerk

 

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