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12-21-2015 Minutes

December 21, 2015

North Platte, Nebraska

Meeting of the Lincoln County Board of Commissioners. Present were Commissioners Duane Deterding, Bill Henry, Joe Hewgley and Deputy County Clerk, Terry Heessel.  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 Henry, seconded by Deterding to approve the minutes regarding the Lincoln County Board of Commissioners meeting held on December 14, 2015.  Upon roll call vote Deterding, Henry and Hewgley voted “aye”.  Nays, none.

Motion by Deterding, seconded by Henry 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 authorize the Chairman to sign the Certification of Highway Superintendents for 2015 for the Nebraska Department of Roads.  Upon roll call vote Deterding, Henry and Hewgley voted “aye”.  Nays, none.

Motion by Deterding, seconded by Henry to approve the right of way permits submitted by Dawson Public Power District and CenturyLink and authorize the chairman to sign.  Upon roll call vote Deterding, Henry and Hewgley voted “aye”.  Nays, none.

Motion by Deterding, seconded by Henry to approve the conversion plan for the Lincoln County Sheriff’s Office Employees as submitted.  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 a Letter of Engagement with McChesney Martin Sagehorn to compile the Financial Statement of Lincoln County, NE for the year ending June 30, 2015.  Upon roll call vote Deterding, Henry and Hewgley voted “aye”.  Nays, none.

Motion by Deterding, seconded by Henry to enter into a contract with Brandy Bogus for juvenile facilitation and programming services.  Upon roll call vote Deterding, Henry 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 Henry, seconded by Deterding to approve the minutes regarding the Lincoln County Board of Equalization meeting held on December 14, 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.

The Lincoln County Board of Equalization adjourned at 9:18 A.M. and the Lincoln County Board of Commissioners reconvened.

Jayna Schaaf, Community Connections Executive Director, Rebecca Harling, Lincoln County Attorney and Amanda Speichert, Deputy Public Defender to discuss grants.

Motion by Deterding, seconded by Henry to approve and authorize the Chairman to sign the 2016 Community Based Juvenile Services Aid grant application to be submitted to the Nebraska Crime Commission.  Upon roll call vote Deterding, Henry and Hewgley voted “aye”.  Nays, none.

Motion by Henry, seconded by Deterding to approve the 2016 Community Based Juvenile Services Aid Enhancement grant application to be submitted to the Nebraska Crime Commission and authorize the chairman to sign.  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 2015 Community Based Juvenile Services Aid revised grant award.  Upon roll call vote Deterding, Henry and Hewgley voted “aye”.  Nays, none.

John Denton, Manager of Conservation Programs in NE & KS was present for any questions.

Motion by Deterding, seconded by Henry to approve to referring a proposed acquisition to and receive from the Lincoln County Planning Commission regarding the conformity of the proposed acquisition comprehensive planning for the area submitted by Ducks Unlimited (Wetlands America Trust), that is acquiring a conservation easement on real property owned by Fowl Language LLC (Shane Roth) , located in Pt of Lot 6 & accretion in Section 36, Township 14, Range 34 (32.63 acres; Pt Lot 7 & Accretion in Section 36, Township 14, Range 34 (41.7 acres); Pt Lots 5,6,7,8 & Accretions in Section 31, Township 14, Range 33 (58.66 acres); Pt Lots 3 4 & Accretion in Section 31, Township 14, Range 33 (15.81 acres).  Upon roll call vote Deterding, Henry and Hewgley voted “aye”.  Nays, none.

Commissioner Hewgley opened bids on vehicles for the Lincoln County Sheriff’s Office.

Lincoln Dodge Inc.  2016 Dodge Charger 5.7L              $27,383 each

2016 Dodge Charger 3.6L V6        $26,475 each

Trades:  2008 Ford Crwn Vic $1500; 2009 Dodge Charger $2500

2016 Dodge Ram SSV 5.7L V8     $29,935 each

Trades:  2012 Dodge Ram CC $18,000; 2013 Dodge Ram CC $20,000

Janssen’s Auto Group        2016 Dodge Charger          $25,547 each

Trade Allowance for 2008 Ford & 2009 Dodge $3,000

2016 Dodge Ram 1500       $28,206 each

Trade Allowance for 2012 & 2013 Ram Crew Cabs $38,000

Gene Steffy Auto Group     2015 Dodge Charger Pursuit        $22,228 w/2009 trade

2016 Dodge Charger Pursuit        $25,505 w/2008 trade

2016 Dodge Ram 1500 SSV         $13,923 w/2013 trade

2016 Dodge Ram 1500 SSV         $15,923 w/2012 trade

Bill Summers Ford               2016 Ford Taurus                            $29,915 each

Trades:  2008 Ford Crwn Vic $1000; 2009 Dodge Charger $2000

2016 Ford F150                                $35,460 each

Trades:  2012 Ram Crew Cab $20,000; 2013 Ram Crew Cab $21,000

The County Commissioners requested the Sheriff’s office to review bids.

Motion by Henry, seconded by Deterding to approve the contract and authorize the Chairman to sign, the contract with Wayne Dowhower Construction Inc. for the pole barn at the Roads Dept.  After discussion, the motion was amended to state that the contract is from Lincoln County to Dowhower Construction and includes language from the County Attorney.  Upon roll call vote Henry, Deterding and Hewgley voted “aye”.  Nays, none.

Motion by Deterding, seconded by Henry to approve contract between Lincoln County with Yanda’s Pro Audio & Video for a sound system for the Lincoln County District Court and authorize the Chairman to sign.  Upon roll call vote Henry, Deterding and Hewgley voted “aye”.  Nays, none.

Lincoln County Attorney, Joe Wright, questioned Commissioner Joe Hewgley about voting on the contracts with Dowhower Construction and Yanda’s Pro Audio & Video as he is stated as the architect on the projects.  There would be a conflict of interest for Commissioner Hewgley to vote and sign the contracts.

Motion by Deterding, seconded by Henry to reconsider contract with Wayne Dowhower Inc. for Project N-0413 – pole barn located at the Lincoln County Department of Roads.  Upon roll call vote Henry, Deterding and Hewgley voted “aye”.  Nays, none.

Motion by Deterding, seconded by Henry to approve the contract between Lincoln County and Wayne Dowhower Construction Inc. for Project N-0413 – pole barn located at the Lincoln County Department of Roads and authorize the Vice-Chairman to sign.  Upon roll call vote Henry and Deterding voted “aye”.  Nays, none.  Hewgley abstained.

Motion by Deterding, seconded by Henry to reconsider the contract with Yanda’s Pro Audio & Video for a sound system for the Lincoln County District Court Room.  Upon roll call vote Henry, Deterding and Hewgley voted “aye”.  Nays, none.

Motion by Deterding, seconded by Henry to adopt a contract with Yanda’s Pro Audio & Video for a sound system for the Lincoln County District Court Room and authorize the
Vice-Chairman to sign.  Upon roll call vote Henry and Deterding voted “aye”.  Nays, none.  Hewgley abstained.

Lincoln County Roads Superintendent, Carla O’Dell, would like the County Commissioners to consider authorizing a trade of the 16ft trailer for a 20ft trailer.  The laws pertaining to overhang on trailers is becoming an issue.  Most of the pipes that are hauled by the department are 20’.  The cost is $5,495.00 for the 20’ trailer, allowance for the trade is $1000.00, making the net cost $4,495.00.  This amount does fall within the budget.

Commissioner Henry asked if the 22ft or 24ft would benefit the department.  O’Dell stated that it unnecessary and too expensive.  She felt that the 20’ would be sufficient.

Motion by Deterding, seconded by Henry to authorize a purchase of a 20ft trailer and trade in the 16ft trailer for the Lincoln County Department of Roads.  Upon roll call vote Deterding, Henry and Hewgley voted “aye”.  Nays, none.

County Roads Superintendent, Carla O’Dell, presented a list of options recommended by FEMA, NEMA and Mainelli Wagner & Associates for the County to consider for the future of South River Road.  The options are as follows:

  1. Return the site to pre-existing condition- A nationwide 3 permit (it’s more than 500’) are going to be issued.  Estimated cost $1,994,307 (Corps Est) County will submit new estimate including engineering, Environmental impact statement (EIS) or Environmental assessment (EA), potential mitigations costs etc.  This option will most likely never be approved due to the anticipated impacts and will not be the least damaging alternative.  If this option is chosen and not selected once NEPA process is complete, the county may not get EIS/EA costs reimbursed (potentially $100,000)
  2. Realign road and placement of weirs – this would require purchasing additional land (approximately 3 acres from the land owner to the south).  The roadway would be set back 50 ft. from the damaged area.  Placement of weirs for prevention of additional bank erosion.  Estimated costs $198,459 plus the costs in option 1.
  3. Realign Road – reroute the road around the damaged area, weirs are not considered essential due to the set back of the road.  Estimated costs $71,162.85 plus the costs in option 1.  This project would most likely be the option chosen as the least damaging alternative besides the do nothing option.  If chosen the PW would reflect this options actual costs.  EIS/EA will be required for all option 1 thru 3.
  4. Walk away – abandon that portion of road turning the right of way back to the landowners and securing the site (barricading etc.). Any channel issues would be the responsibility of the landowner.  Separate funding potential could come from the NRCS or Corps of Engineers section 14 program.  The landowner would be responsible to look into the availability of funds and the county would not be involved.  The PW would be written for the estimated costs of option #1 and the engineering and EIS/EA costs added FEMA (estimated the costs could be as high as 2.5 million).  This money would be the county’s for alternate projects/small impact projects (replacement of culverts or bridges that are potential undersized, small road improvements, barricades, etc.) or emergency equipment.  These projects (or the use of these funds) are subject to approval by NEMA prior to their use.  If this option is taken by the county, the approved estimate for option #1 would be reduced by 10% (reduction is for going with alternate projects) and then 75% of that is what we would receive (approximately $1,687,500.00).  If the roadway is closed permanently and the county abandons the right of way then we will need to have a public hearing for the road closure as done in the past.  This option does not prevent the county from relocating the road in the future to the south utilizing local funds.  All permits etc. would still be required.

O’Dell stated that FEMA is closing their Lincoln Office on January 29, 2016 and would like to have all Project Worksheets (PW’s) written by January 16, 2016.  If PW is received after the closing of the Lincoln Office then it will be referred to the Kansas City Office and the County will be working with different individuals, which could potentially delay the project even more.

O’Dell stated that if options 1,2 or 3 is chosen,  an Environmental Assessment/ Environmental Impact study will have to be done, this could take up to 2 ½ years for approval.  There is no guarantee at that time that led agency (FEMA) will agree that the road needs to be reconstructed, due to the importance of the road (mail route, emergency route, residences) if they determine the road is not necessary/essential then they won’t fund the project, this means we are out everything, we cannot change our mind and opt for another option.

Commissioner Hewgley stated at this point he is in favor of option #4, but would like the public input on the options.

Commissioner Henry stated that he is looking at option #4 and #2, but would also like the public input.  He also would like to know how many use the intersection at Homestead/South River road.

Commissioner Deterding would also like public input.

O’Dell said that a counter was placed this morning at the intersection of Homestead/South River Road.

Motion by Deterding, seconded Henry to set January 4, 2016 at 10:00 AM to hold a public hearing on the recommended options for South River Road to receive public input.  Upon roll call vote Deterding, Henry and Hewgley voted “aye”.  Nays, none.

Marvin Nesiba filed a tort claim for damage to his pickup as he met a county roads vehicle two miles north of Hershey on Hershey Road.  Sand and gravel hit the windshield, chipping and cracking the glass.

Roads Superintendent, Carla O’Dell, stated that she did talk to the driver of the County vehicle.  The sander was off at the time.

Motion by Deterding, second by Henry to refer the tort claim to the County insurance carrier.  Upon roll call vote Deterding, Henry and Hewgley voted “aye”.  Nays, none.

Sheriff, Jerome Kramer and Chief Deputy, Roland Kramer reviewed the bids on vehicles for the Lincoln County Sheriff’s office, recommending the acceptance of the bid from Janssen’s on the 2016 Dodge Chargers, net cost of $48,094.00.

Motion by Henry, seconded Deterding to accept the bid from Janssen’s Auto Group on the 2016 Dodge Chargers (2) with rear wheel drive.  Upon roll call vote Deterding, Henry and Hewgley voted “aye”.  Nays, none.

Sheriff Kramer requests tabling acceptance of any bids for pickups until he can review the program of trading pickups.  Previously, trading pickups were feasible because they held their value, and could be traded more economically.  The bids today have a higher net difference than he was expecting.

Approved the claims as presented for payment.

The quarterly inspection was conducted of the Lincoln County Detention Center by the County Commissioners.

The meeting was adjourned at 12:19 P.M.

Advance notice and the agenda for the December 21, 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 December 18, 2015; and was also emailed to the media on December 18, 2015.

The agenda for the meetings to be held on January 4, 2016 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.

Terry L. Heessel

Lincoln County Deputy Clerk

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