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February 4, 2013 Minutes  

February 4, 2013

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. Roethemeyer 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 January 28, 2013. Upon roll call vote Deterding, Roethemeyer and Hewgley voted “aye”. Nays, none.

 

Motion by Deterding, seconded by Roethemeyer 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 enter into an agreement to provide surveying services for the State of Nebraska for Project No. STP-23-3(125) North Jct. US -83-West, Control Number 61475 and authorize the Chairman to sign. Upon roll call vote Deterding, Roethemeyer and Hewgley voted “aye”. Nays, none.

 

Motion by Roethemeyer, seconded by Deterding to receive and order filed the fee report submitted by the County Sheriff. 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 application submitted by Custer Public Power District. 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, Julie Stenger appeared and also County Treasurer, Sue Fleck.

 

Motion by Roethemeyer, seconded by Deterding to approve the minutes regarding the Lincoln County Board of Equalization meeting held on January 28, 2013. 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 certificates of correction or refund submitted by the County Assessor. Upon roll call vote Deterding, Roethemeyer and Hewgley voted “aye”. Nays, none.

 

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

 

Motion by Deterding, seconded by Roethemeyer to approve the motor vehicle tax exemption applications submitted by Calvary Assembly of God and Great Plains Regional Medical Center as recommended for approval by the County Treasurer. Upon roll call vote Deterding, Roethemeyer and Hewgley voted “aye”. Nays, none.

 

Motion by Roethemeyer, seconded by Deterding to deny the application submitted by Berean Fundamental Church for exemption on real and personal property as it does not meet the qualifications as recommended by the County Assessor. Upon roll call vote Deterding, Roethemeyer and Hewgley voted “aye”. Nays, none.

 

Motion by Deterding, seconded by Roethemeyer to approve the application submitted by Wallace Community Church with a 1 month late penalty applied as recommended by the County Assessor. Upon roll call vote Deterding, Roethemeyer and Hewgley voted “aye”. Nays, none.

 

Motion by Roethemeyer, seconded by Deterding to deny the application submitted by Our Redeemer Lutheran for exemption on real and personal property as it does not meet the qualifications as recommended by the County Assessor. Upon roll call vote Deterding, Roethemeyer and Hewgley voted “aye”. Nays, none.

 

Motion by Deterding, seconded by Roethemeyer to approve a portion of the application submitted by Apostolic Worship Center for exemption on real and personal property as recommended by the County Assessor. Upon roll call vote Deterding, Roethemeyer and Hewgley voted “aye”. Nays, none.

 

The Lincoln County Board of Equalization adjourned at 9:30 A.M. and the Lincoln County Board of Commissioners reconvened.

 

Discuss the new liquor license application submitted by Gilbert M. Rivera/Anchor In for a Class C license (beer, wine, distilled spirits, on and off sale).

 

Gilbert Rivera was sworn in by Commissioner Hewgley to give testimony.

 

Commissioner Hewgley asked if anyone in the audience wished to speak in opposition to the license.

 

There were no comments.

 

Mr. Rivera acknowledged that he had received notice of the hearing today.

 

The copy of the application sent by the County Clerk to the County Board in the mail was marked as “Exhibit A”.

 

Gilbert commented that the Liquor Commission had told him that if the County Board recommended approval he could have his license in 10 days otherwise it would take 30 days. He ran the Anchor In for 2 years from 2005 -2007 and then has contracted it out several times. It has been closed for approximately a year.

 

Sheriff Kramer reported that he has not received in complaints in the past and that Gilbert has a lot at stake not to comply.

 

Deputy County Attorney, Joe Wright, asked Rivera to go thru his criminal history from the application.

 

Rivera commented on the criminal history contents and stated he wanted to re-open the business as soon as possible as he has people calling everyday requesting it to be open.

 

Motion by Deterding, seconded by Roethemeyer to pass the application by Gilbert M. Rivera/Anchor In for a Class C license (beer, wine, distilled spirits, on & off sale) on to the Nebraska Liquor Control Commission with no comment. Upon roll call vote Deterding, Roethemeyer and Hewgley voted “aye”. Nays, none.

 

Motion by Deterding, seconded by Roethemeyer to go into closed session at 10:36 A.M. concerning strategy regarding potential litigation because of an apparent breach of conflict 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 Roethemeyer, seconded by Deterding to go into open session at 11:08 A.M. Upon roll call vote Deterding, Roethemeyer and Hewgley voted “aye”. Nays, none.

 

Chairman Hewgley announced they were out of closed session and there would be no action.

 

Approved the following claims as presented for payment:

 

The meeting was adjourned at 11:15 A.M.

 

Advance notice and the agenda for the February 4, 2013 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 Monday, February 11, 2013 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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