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01-04-2016 Minutes

January 4, 2016

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.  Hewgley 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 December 21, 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 Henry, seconded by Deterding to approve changing the mileage reimbursement rate to 54 cents per mile effective January 1, 2016 per the Nebraska Department of Administrative Services. Upon roll call vote Deterding, Henry and Hewgley voted “aye”.  Nays, none.

 

Motion by Henry, seconded by Deterding to place on file the fee report submitted by the County Sheriff. Upon roll call vote Deterding, Henry and Hewgley voted “aye”.  Nays, none.

 

Motion by Deterding, seconded by Henry to receive and order filed in the office of the Lincoln County Clerk the audit report of Lincoln County, Nebraska for the fiscal year ending June 30, 2015. 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 as well as County Treasurer, Sue Fleck.

 

Motion by Henry, seconded by Deterding to approve the minutes regarding the Lincoln County Board of Equalization meeting held on December 21, 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 the motor vehicle tax exemption applications as recommended for approval by the County Treasurer for Great Plains Health and Maranatha Bible Camp. Upon roll call vote Deterding, Henry and Hewgley voted “aye”.  Nays, none.

 

Motion by Henry, seconded by Deterding to approve the motor vehicle tax exemption applications as recommended for approval by the County Treasurer for Goodwill of Greater Nebraska and Riverside Baptist Church. Upon roll call vote Deterding, Henry and Hewgley voted “aye”.  Nays, none.

 

The Lincoln County Board of Equalization adjourned at 9:22 A.M. and the Lincoln County Board of Commissioners reconvened.

 

Motion by Deterding, seconded by Henry to approve and authorize the Chairman to sign

the VOCA (Victim Witness Unit) Grant 15-VA-0207 documents. Upon roll call vote

Deterding, Henry and Hewgley voted “aye”. Nays, none.

 

A public hearing was opened at 10:01 A.M. on the South River Road Reconstruction Project FEMA Disaster #4225. This hearing will be for public comment on the 4 options

and associated cost implications available for this road. The options are as follows:

  1. Return the site to the pre-existing condition. 2. Realign road and placement

of weirs. 3.  Realign road with no weirs.  4.  Abandon that portion of road turning the right of way back to the landowner and securing the site (barricading, etc.)  This portion of South River Road is located in the North ½ of Section 7, Township 13 North, Range 30 West of the 6th P.M., Lincoln County, Nebraska.

 

Chairman Hewgley reported that the county has been working with FEMA, NEMA and the Army Corp of Engineers on this project. The county is trying to use as many Federal and State dollars as possible.

 

The cost estimates for the preceding proposals are as follows:

 

Option 1                     $1,994,307

Option 2                     $198,459 plus additional items

Option 3                     $71,162.85

Option 4                     No cost – The county would receive approximately $1,687,500

back to use on other projects.

 

Luellen Fisher expressed concerns about emergency response time and the extra miles it adds having to go around and wants the road to open back up again.

 

George Clough was legal counsel representing Char Long Mar Ltd. His client owns the land both north and south of the washout.  They feel that future flooding events will lead to further washouts as there is a significant bend in the river in that area.  His client has looked at the four options proposed.  Option 1 was not realistic.  They were not in favor of Option 4.  Option 3 was not a good idea.  They will cooperate and negotiate with the county on Option 2 to stabilize and maintain the bank in the future.

 

Michael Cook commented he was in favor of abandonment but decided to look at the area on the way to the meeting and decided the cost is just too great to leave it alone.

 

North Platte Fire Chief, Dennis Thompson, stated from a public safety stand point they do not want to see this road abandoned.

 

Janice Schad was concerned about emergency response time and does have to go 2 ½ miles out of her way to get to town. She would have liked to have seen actual pictures of the damaged area at this public hearing.  She is not in favor of Option 4 to abandon that part of the road.

 

Jim Tierney reported the Newberry Access area is also having this same issue and it is a safety concern.

 

William Songster indicated that it is a mail route also. There is a tree that needs to be taken out and that would solve a lot of the problem in that area and he also added it would be an additional 10 -15 minutes for EMS personnel to respond for them.

 

Gene Rookstool was not in favor of closing the road. Walker Road and State Farm Road get closed due to snow but if he could get to River Road he could get to town.

 

Mary Jo Brown did not want the road closed and asked how much it would cost to improve Homestead Road and get a viaduct over the Interstate.

 

Jeff Taylor was not in favor of abandoning the road. He also stated that if you could get to Homestead and River Road you could get to town.

 

Judy Clark just commented that this is in the City of North Platte Zoning Jurisdiction and there would be some necessary paperwork depending on the option chosen.

 

Christal Zogg told them that this is her main access to North Platte and she has to use the round about now. She would like to see the sand bar dug out and re-route it back.

 

Commissioner Hewgley replied that with Federal Waterways is not easy with so many regulations.

 

Les O’Donnell agreed with Mr. Cook’s assessment. The river takes the path of least resistance and so do the highways and railroads when constructed.  From his past experience he knows that environmental statements can take forever.  He urged the Commissioners to react to it now and take care of public needs as it is not going to get any cheaper.  He suggested another public hearing with more data that people can see.

 

Tim Willard wants to see the road kept open. He uses it for large farm equipment and to drive cattle.

 

Rick McCain asked of the 1.9 million dollar cost of Option 1 what would be the cost to the county.

 

Matt Manning of Mainelli Wagner responded that FEMA pays 75%, NEMA pays 12 ½% and the county would pay 12 ½ %. However, Option 1 is subject to environmental permitting which would probably not be approved.

 

Mr. McCain commented on the added distance and emergency response time.

 

Janice Schad asked for more information, pictures and another public hearing.

 

Terry Zogg stated the abandoning the road is not a good option. Response time in an emergency is very important. She questioned if this couldn’t be voted on by the people of the county.  She then asked why the traffic counter was put on a dead end road.

 

Dale Hill explained that a lot of wide equipment uses the South River Road. If it would be abandoned the landowner would probably take the county to court.

 

Commissioner Hewgley told those in the audience that FEMA has had individuals in North Platte working this area. They are going to be closing the office in Lincoln, NE and they will be moving to another location so the county wanted to see if we could get something done so we didn’t have to start over with new people.

 

Rick Willterton asked why this issue was not addressed prior to this.

 

Commissioner Hewgley responded that the county thought the problem was 1/8 of a mile downstream and the county was taking steps to repair the road and keep it open.

 

The public hearing was closed at 11:40 A.M.

 

No action was taken following the public hearing.

 

Motion by Deterding, seconded by Henry to approve going into closed session at 11:41 A.M. concerning strategy session regarding litigation 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 reason for the closed session.

 

Motion by Deterding, seconded by Henry to approve going into open session at 11:44 A.M. Upon roll call vote Deterding, Henry and Hewgley voted “aye”.  Nays, none.

 

No action was taken following the closed session.

Approved the following claims as presented for payment:

 

The meeting was adjourned at 11:45 A.M.

 

Advance notice and the agenda for the January 4, 2016 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 31, 2015; and was also emailed to the media on December 31, 2015.

 

The agenda for the meetings to be held on January 11, 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.

 

 

Rebecca J. Rossell

Lincoln County Clerk

 

 

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