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April 15, 2013 Minutes  

April 15, 2013

North Platte, Nebraska

 

Meeting of the Lincoln County Board of Commissioners. Present were Commissioners Duane Deterding, Willis Roethemeyer, Joe Hewgley and County Clerk, Rebecca Rossell. Deterding 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 April 8, 2013. Upon roll call vote Deterding, Roethemeyer and Hewgley 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 Roethemeyer, seconded by Deterding to receive and order filed the fee reports submitted by Clerk of District Court, Register of Deeds and County Sheriff. Upon roll call vote Deterding, Roethemeyer and Hewgley voted “aye”. Nays, none.

 

Motion by Deterding, seconded by Roethemeyer to approve the right of way application submitted by Pete Baumgartner. 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.

 

Motion by Roethemeyer, seconded by Deterding to approve the minutes regarding the Lincoln County Board of Equalization meeting held on April 8, 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 Deterding, seconded by Roethemeyer to approve the tax exemption application with penalty for North Platte Community Playhouse 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 9:20 A.M. and the Lincoln County Board of Commissioners reconvened.

 

At 9:30 A.M. a public hearing concerning the selling of real estate owned by The county of Lincoln, Nebraska, described as follows:

1.            Lot Five (5) and the west 40 feet of the vacated street, Harrison Street, adjoining Lot

Five (5) (see instrument No. 2002 05492, recorded at the Lincoln County Register of

Deeds’ Office for Lincoln County, Nebraska), Block Eighteen (18), Original Town, Brady,

Lincoln County, Nebraska, and

2.            Lot Six (6) and the west 40 feet of the vacated street, Harrison Street, adjoining Lot Six (6) (see instrument No. 2002 05492, recorded at the Lincoln County Register of Deeds’ Office for Lincoln County, Nebraska), Block Eighteen (18), Original Town, Brady, Lincoln County, Nebraska,

at a fair market value that the Lincoln County Board of Commissioners is considering to be $360.00 for each of the above described properties, since the aforementioned real estate (properties) at this time is not thought to be required for county purposes. At the public hearing any interested party may appear and speak for or against the sale of the real estate (aforementioned properties) and raise any issue regarding the fair market values of the aforementioned properties as determined by the Lincoln County Board of Commissioners.

Tammy Taullie commented that she is still interested in the property.

Lynn Herrick, representing the Brady Village Board stated these lots are full of trees and has a dike that runs through the middle of the lots which is prone to flooding. The village is asking the county to give the lots to the village and let them decide what is to be done with them.

Commissioner Deterding questioned what the village would do with the lots.

Herrick replied that the lots really have no value and they would probably give them to Tallies’.

Charity Farley, of the County Assessor’s Office, reported that recreational land is not just for hunting but is defined as fishing, hiking, picnicking, etc.   The accretions are not included in these lots but are adjacent.

Commissioner Deterding asked about the hiking trail near these properties.

Taullie replied that the hiking trail is actually on her property that she already owns, not in the alley. It would be difficult and expensive for the village to provide an alleyway for these lots.

The public hearing was closed at 9:44 A.M.

After the public hearing, discuss and consider the following regarding the above described real estate:

a.            Is the real estate required for county purposes? No.

b.            Establishing the fair market value of the real estate.   $360 per lot

c.             Setting the date of sale and instruct the County Clerk to advertise the Notice of Sale as required by law.   May 13, 2013 at 9:30 A.M.

d.            Giving the Chairman of the Lincoln County Board of Commissioners, Joe Hewgley, authority to conduct the sale. Hewgley authorized.

Motion by Deterding, seconded by Hewgley to approve the following described real estate:

1.            Lot Five (5) and the west 40 feet of the vacated street, Harrison Street, adjoining Lot

Five (5) (see instrument No. 2002 05492, recorded at the Lincoln County Register of

Deeds’ Office for Lincoln County, Nebraska), Block Eighteen (18), Original Town, Brady,

Lincoln County, Nebraska, and

2.            Lot Six (6) and the west 40 feet of the vacated street, Harrison Street, adjoining Lot Six (6) (see instrument No. 2002 05492, recorded at the Lincoln County Register of Deeds’ Office for Lincoln County, Nebraska), Block Eighteen (18), Original Town, Brady, Lincoln County, Nebraska,

be found to be not required for county purposes, have a fair market value of $720.00 ($360.00 for each above described property), be offered for sale to the public on May 13, 2013, at 9:30 A.M. to the highest bidder, be advertised for sale as required by law – giving authority to the Lincoln County Clerk to advertise and sign the notice of sale, and have the sale conducted by the Chairman of this Board. Upon roll call vote Deterding, Roethemeyer and Hewgley voted “aye”. Nays, none.

Judy Clark, Lincoln County Planning & Zoning Director, told board members this is the first application processed with the new subdivision and zoning regulations. She gave a brief review of the application and stated that the Planning Commission recommends approval.

Commissioner Hewgley questioned why an application from approximately a year ago in this same area was recommended for disapproval.

Clark answered that is was disapproved under the old zoning regulations as they did not qualify and also because it was not set back far enough from a concentrated animal feeding operation.

Commissioner Roethemeyer requested a note on the Plat map concerning Lot 3 and the CAFO regulations.

Neither Clark of Hiatt had any objections to adding the note.

Motion by Deterding, seconded by Roethemeyer to approve File No. SU13-001: Application by Gilbert and Cathy Hiatt for approval of Adonai Subdivision which will split a 10.89 acre site containing two existing homes into 3 separate lots. Lot 3 will be a 6.88 acre vacant lot, Lot 2 will consist of 3.00 acres and contain one existing home and Lot 1 will consist of 1.01 acres and contain one existing home and metal out building. The proposed subdivision is located in a T-A Transitional Ag District located east of Hershey on property described as a tract of land in the NW ¼ of the NE ¼ of Section 24, Township 14 North, Range 32 West of the 6th P.M., Lincoln County, Nebraska. Lot 3 must comply with all regulations in accordance with Section 8.09 of the Lincoln County Zoning Regulations regarding setback distances from animal operations. 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 Click It or Ticket Mini-Grant Contract Application and Award for the Lincoln County Sheriff’s Office from the Nebraska Office of Highway Safety. Upon roll call vote Deterding, Roethemeyer and Hewgley voted “aye”. Nays, none.

 

Motion by Roethemeyer, seconded by Deterding to approve declaring the county’s scrap iron in the Lincoln County Road Department at Brady, NE to be surplus property, which is obsolete or unusable by the county. Upon roll call vote Deterding, Roethemeyer and Hewgley voted “aye”. Nays, none.

Motion by Roethemeyer, seconded by Deterding to approve and declare the value of $150 per ton on the surplus property (scrap iron) located at the Lincoln County Road Department at Brady, NE. Upon roll call vote Deterding, Roethemeyer and Hewgley voted “aye”. Nays, none.

 

Motion by Deterding, seconded by Roethemeyer to approve selling the surplus property (scrap iron) to North Platte Metals LLC for $150 per ton, contingent on the total value of the surplus property (scrap iron) being under $2,500. Upon roll call vote Deterding, Roethemeyer and Hewgley voted “aye”. Nays, none.

 

Motion by Deterding, seconded by Roethemeyer to approve declaring the county’s various items located in storage at the Building & Grounds Department to be surplus personal property, which is obsolete or unusable by the county. The list of items being considered are attached to the agenda, marked as Exhibit A. Upon roll call vote Deterding, Roethemeyer and Hewgley voted “aye”. Nays, none.

 

Motion by Deterding, seconded by Roethemeyer to approve and declare the value on the surplus personal property, which is obsolete or unusable by the County to be less than $2,500.00. Upon roll call vote Deterding, Roethemeyer and Hewgley voted “aye”. Nays, none.

 

Motion by Deterding, seconded by Roethemeyer to approve authorizing the sale of the surplus personal property, with a value of less than $2,500, which is obsolete or unusable by the County, by means (ways) allowed under Neb. Rev. Stat.§23-3115 and authorize Dan Manookin, Building and Grounds Supervisor, to take the items to Isabell’s to be sold be at auction. Upon roll call vote Deterding, Roethemeyer and Hewgley voted “aye”. Nays, none.

 

Motion by Deterding, seconded by Roethemeyer to approve and declare a JLG 2032 electric scissor lift (mobile equipment) located in storage at the Building & Grounds Department to be surplus property, which is obsolete or unusable by the County. Upon roll call vote Deterding, Roethemeyer and Hewgley voted “aye”. Nays, none.

 

Motion by Deterding, seconded by Roethemeyer to approve and declare the value on the surplus mobile equipment (JLG 2032 electric scissor lift) to be less than $5,000.00. Upon roll call vote Deterding, Roethemeyer and Hewgley voted “aye”. Nays, none.

 

Motion by Roethemeyer, seconded by Deterding to approve authorizing the sale of the surplus mobile equipment (JLG 2032 electric scissor lift), with a value of less than $5,000.00, which is obsolete or unusable by the County, by means (ways) allowed under Neb. Rev. Stat. §23-3115 and authorize Dan Manookin, Building and Grounds Supervisor to list the item with Big Iron Auction to be sold. Upon roll call vote Deterding, Roethemeyer and Hewgley voted “aye”. Nays, none.

 

Quarterly report by Dan Guenthner, Emergency Management Director, for quarter ending on March 31, 2013.

 

Motion by Roethemeyer, seconded by Deterding to go into closed session at 11:00 A.M. concerning strategy regarding litigation that is imminent as evidence by communication on a claim by the county unless settlement is forthcoming 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 restated the motion for the closed session.

 

Motion by Roethemeyer, seconded by Deterding to go into open session at 11:18 A.M. Upon roll call vote Deterding, Roethemeyer and Hewgley voted “aye”. Nays ,none.

 

Approved the following claims as presented for payment:

 

The meeting was adjourned at 12:30 P.M.

 

Advance notice and the agenda for the April 15, 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, April 22, 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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