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May 11, 2015 Minutes  

May 11, 2015

North Platte, Nebraska

 

Meeting of the Lincoln County Board of Commissioners. Present were Commissioners Duane Deterding, Bill Henry, Joe Hewgley and County Clerk, Rebecca Rossell. Henry 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 Henry to approve the minutes regarding the Lincoln County Board of Commissioners meeting held on May 4, 2015. Upon roll call vote Deterding, Henry and Hewgley voted “aye”. Nays, none.

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

Motion by Deterding, seconded by Henry to approve the agreement with GovPayNet for credit/debit card services for the Lincoln County Sheriff’s Office; authorize the Chairman to sign and to initial and date changes/ corrections on the original Participation Agreement. Upon roll call vote Deterding, Henry and Hewgley voted “aye”. Nays, none.

Motion by Henry, seconded by Deterding to receive and order filed the fee reports submitted by Clerk of District Court, Register of Deeds & County Clerk. Upon roll call vote Deterding, Henry and Hewgley voted “aye”. Nays, none.

Motion by Deterding, seconded by Henry to approve and adopt Resolution No. 2015-03 authorizing the Chairman to sign the Construction Engineering Services Agreement – B01257, Supplemental Agreement No. 2 for Birdwood Grade Separation, RRZ-1390(3), Control No. 61416. Upon roll call vote Deterding, Henry and Hewgley voted “aye”. Nays, none.

Motion by Henry, seconded by Deterding to approve and adopt Resolution No. 2015-04 to officially establish a $500 petty cash fund for Lincoln County Court. Upon roll call vote Deterding, Henry and Hewgley voted “aye”. Nays, none.

Motion by Deterding, seconded by Henry to approve and adopt Resolution No. 2015-05 transferring excess fund in the Jail Building Fund to the Jail Bond Fund. Upon roll call vote Deterding, Henry and Hewgley voted “aye”. Nays, none.

The Lincoln County Board of Commissioners recessed at 9:23 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.

Deputy County Assessor, Pat Collins appeared.

Motion by Henry, seconded by Deterding to approve the minutes regarding the Lincoln County Board of Equalization meeting held on May 4, 2015. Upon roll call vote Deterding, Henry and Hewgley voted “aye”. Nays, none.

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

Motion by Deterding, seconded by Henry to approve to offer a confession of judgment regarding the case of Scott A. Glick, Appellant, v. Lincoln County Board of Equalization, Appellee, Case No. 14R 303, which is before the Nebraska Tax Equalization and Review Commission, in which the Lincoln County Board of Equalization confesses that the value of the real estate, in the aforementioned case (Case No. 14R 303), should be $35,730.00 (Land – $6,595.00 and Improvements – $29,135.00) for tax year 2014. Upon roll call vote Deterding, Henry and Hewgley voted “aye”. Nays, none.

The Lincoln County Board of Equalization recessed at 9:28 A.M. and the Lincoln County Board of Commissioners reconvened.

Motion by Deterding, seconded by Henry to approve a special designated liquor permit submitted by K & L Enterprises for a reception to be held at the Lakeview Cabin, 101 South Lake Maloney Drive on May 29 & 30, 2015. Upon roll call vote Deterding, Henry and Hewgley voted “aye”. Nays, none.

Sally Vaughn of Region II Services gave a presentation of the services offered and cost for these services.

A public hearing regarding General Assistance & Medical Assistance Program Regulations/Standards for Lincoln County, Nebraska was opened at 9:50 A.M.

Deputy County Attorney, Joe Wright, went over a draft of possible amendments discussed at the two prior review sessions. The sections discussed pertained to county burials including the following: cremation, financial eligibility requirements, cemetery fees, burial plots, cemetery markers, embalming, and mortuary services.

Dawn Anderson of HHS also appeared and discussed some possible clarifications to the proposed amendments.

The public hearing was closed at 10:05 A.M.

P. Stephen Potter, representing Jesus and Angel Zarraga did not appear at the meeting.

There were no comments by the County Board of County Sheriff.

Motion by Deterding, seconded by Henry to acknowledge the receipt of Tort Claim filed by Jesus Zarraga and Angel Zarraga, by and through their attorney, P. Stephen Potter, concerning vehicle accident. Upon roll call vote Deterding, Henry and Hewgley voted “aye”. Nays, none.

Motion by Henry, seconded by Deterding to approve acceptance of bids for Lincoln County Courthouse HVAC Replacement Phase 2 and Lincoln County Courthouse Lighting Remodel from Wayne Dowhower Construction Inc. in the amount of $703,000 for the HVAC base bid and $448,300 base bid for the lighting remodel. Upon roll call vote Deterding, Henry and Hewgley voted “aye”. Nays, none.

Motion by Deterding, seconded by Henry to approve going into closed session at 11:00 A.M. regarding a strategy session concerning pending litigation and collective bargaining, and to protect attorney client privilege, which is clearly necessary to protect the public interest. Upon roll call vote Deterding, Henry and Hewgley voted “aye”. Nays, none.

Chairman Hewgley restated the motion for the closed session.

Motion by Deterding, seconded by Henry to approve going into open session at 11:17 A.M. Upon roll call vote Deterding, Henry and Hewgley voted “aye”. Nays, none.

Recess as the Lincoln County Board of Commissioners and reconvene as the Lincoln County Board of Equalization at 11:22 A.M.

Motion by Deterding, seconded by Henry to approve going into closed session at 11:22 A.M. regarding a strategy session concerning pending litigation to protect attorney client privilege, which is clearly necessary to protect the public interest. Upon roll call vote Deterding, Henry and Hewgley voted “aye”. Nays, none.

Chairman Hewgley restated the motion for the closed session.

Motion by Henry, seconded by Deterding to approve going into open session at 11:32 A.M. Upon roll call vote Deterding, Henry and Hewgley voted “aye”. Nays, none.

Adjourn as the Lincoln County Board of Equalization at 11:32 A.M. and reconvene as the Lincoln County Board of Commissioners.

Motion by Deterding, seconded by Henry to approve amending the agenda to add an emergency item just brought to the County Board of Commissioners attention concerning possible flooding on the South Platte River. Upon roll call vote Deterding, Henry and Hewgley voted “aye”. Nays, none.

Motion by Deterding, seconded by Henry to approve an emergency agenda item being added to the agenda at 11:55 A.M. for the following: Discuss and consider action by the Lincoln County Board of Commissioners concerning possible flooding on the South Platte River. Upon roll call vote Deterding, Henry and Hewgley voted “aye”. Nays, none.

Lincoln County Clerk, Rebecca Rossell, made reasonable efforts by email and fax to contact those that regularly receive agenda notices concerning the emergency item at 11:55 A.M.

Emergency Management Director, Brandon Myers, gave an update on the possible flooding situation on the South Platte River. They are estimating the river will crest at about 14 ft. which is similar to the levels we seen in 2013. He stated there will be a press conference at 1:00 P.M. at City Hall on this situation as well.

Motion by Henry, seconded by Deterding to approve the Lincoln County Board of Commissioners Chairman declaring an emergency situation if necessary and giving authority to the Chairman in the event of an emergency to use discretion in working with state agencies, possible declarations and any other items legally necessary which calls for immediate action regarding the possible flooding on the South Platte River. Upon roll call vote Deterding, Henry and Hewgley voted “aye”. Nays, none.

Reporters from the North Platte Telegraph and North Platte Bulletin were present for the emergency agenda item.

Approved the following claims as presented for payment:

The meeting was adjourned at 12:03 P.M.

Advance notice and the agenda for the May 11, 2015 board meetings were sent to the county board and all others requesting the same. Advance public notice (includes agenda) of the Lincoln County Board of Commissioners meeting and the Lincoln County Board of Equalization meeting was posted at the Lincoln County Courthouse, City Hall and the Lincoln County website on May 8, 2015; and was also emailed to the media on May 8, 2015.

The agenda for the meetings to be held on Monday, May 18, 2015 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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