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04-11-2016 Minutes

April 11, 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.  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 April 4, 2016. 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 receive and order filed the fee reports submitted by the County Sheriff, County Court, Clerk of District Court and Register of Deeds. Upon roll call vote Deterding, Henry and Hewgley voted “aye”.  Nays, none.

 

Motion by Henry, seconded by Deterding to approve and adopt Resolution 2016-12 for withdrawal of securities by NebraskaLand National Bank as pledged to the County Clerk. 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 right of way application submitted by Consolidated Co. Inc. 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 April 4, 2016. 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 on eight personal property returns. 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 on one personal property return. 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 on one personal property return. Upon roll call vote Deterding, Henry and Hewgley voted “aye”.  Nays, none.

 

Motion by Deterding, seconded by Henry to offer a confession of judgment regarding the case of Andrew J. Scott, Appellant, v. Lincoln County Board of Equalization, Appellee, Case No. 15R 0011, which is before the Nebraska Tax Equalization and Review Commission, in which the Lincoln County Board of Equalization confesses in said herein motion that the value of the real estate, in the aforementioned case (Case No. 15R 0011), should be $29,500.00 (Land-$6,135.00 and Improvement-$23,365.00) for tax year 2015. Upon roll call vote Deterding, Henry and Hewgley voted “aye”.  Nays, none.

 

Motion by Henry, seconded by Deterding to offer a confession of judgment regarding the case of Lon E. Wisdom, Appellant, v. Lincoln County Board of Equalization, Appellee, Case No. 15R 0190, which is before the Nebraska Tax Equalization and Review Commission, in which the Lincoln County Board of Equalization confesses in said motion that the value of the real estate, in the aforementioned case (Case No. 15R 0190), should be $154,970.00 (Land-$11,190.00 and Improvement-$143,780.00) for tax year 2015. Upon roll call vote Deterding, Henry and Hewgley voted “aye”.  Nays, none.

 

Motion by Deterding, seconded by Henry to go into closed session at 9:27 A.M. concerning strategy session regarding pending litigations 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 Henry, seconded by Deterding to go into open session at 9:47 A.M. Upon roll call vote Deterding, Henry and Hewgley voted “aye”.  Nays, none.

 

The Lincoln County Board of Equalization recessed at 9:47 A.M. and the Lincoln County Board of Commissioners reconvened.

 

The agenda item concerning informal bids for roof repair for the Lincoln County Courthouse was postponed.

 

The following bids were received for one mid-size SUV for the North Platte/Lincoln County Visitor’s Bureau:

Jerry Remus Chevrolet                   2017 Traverse           $31,256

Janssen Auto Group                       2016 Durango          $33,653

Bill Summers Ford                           2016 Explorer           $34,728.71

Bill Summers Ford                           2016 Pathfinder       $33,831

Pony Express Chevrolet                 2016 Traverse LT     $31,419

Pony Express Chevrolet                 2016 Traverse LS     $29,425

 

Motion by Deterding, seconded by Henry to accept the bid of Jerry Remus Chevrolet for a 2017 Traverse in the amount of $31,256. Upon roll call vote Deterding, Henry and Hewgley voted “aye”.  Nays, none.

 

The following bid was received for asphalt overlay for the Lincoln County Department of Roads LCDOR- 2016-02: Western Engineering – $586,489.20.

 

Motion by Deterding, seconded by Henry to accept the bid of Western Engineering in the amount of $586,489.20 for asphalt overlay for the Lincoln County Department of Roads. Upon roll call vote Deterding, Henry and Hewgley voted “aye”.  Nays, none.

 

The following bids were received for micro surfacing for the Lincoln County Department of Roads LCDOR-2016-01: Monarch Oil – $510,975 & Sta-Bilt Construction – $510,300.

 

Motion by Henry, seconded by Deterding to accept the bid of Sta-Bilt Construction in the amount of $510,300 for micro surfacing for the Lincoln County Department of Roads. Upon roll call vote Deterding, Henry and Hewgley voted “aye”.  Nays, none.

 

Discuss and consider the general assistance appeal filed by Bonnifacia Barnhill.

 

Chairman Hewgley advised all parties that documents were available for review of the 2005 Amendment to the Lincoln County General Assistance and Medical Assistance Program Regulations/Standards and Amendments thereto that were adopted in 2008 and 2015.

 

Bonnifacia stated she was representing herself.

 

The 10 exhibits were reviewed by all parties. Chairman Hewgley stated he accepted the exhibits.  Bonnifacia Barnhill stated she understood the exhibits presented.

 

Chairman Hewgley made the claimant aware that the hearing was being tape recorded, a decision will be made within 30 days following the hearing, the evidence will based upon the evidence adduced and the law, the board will provide the claimant a written copy of the decision setting forth findings and conclusions, and the county will preserve the tape and exhibits for not less than 60 days following entry of the hearing decision.

 

The following were sworn in to give testimony: Bonnifacia Barnhill, Jada Venezie and Megan Meuser-Baker of DHHS and also Dennis O’Brian with DHHS.

 

All sworn in gave testimony concerning the appeal. The County Board asked questions concerning the testimony.

 

Motion by Henry, seconded by Deterding to closed session at 11:00 A.M. concerning the General Assistance appeal filed by Bonnifacia Barnhill. 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 go into open session at 11:20 A.M. Upon roll call vote Deterding, Henry and Hewgley voted “aye”.  Nays, none.

 

Chairman Hewgley read the written determination of the County Board concerning the appeal filed by Bonnifacia Barnhill.

 

Motion by Deterding, seconded by Henry to approve the written decision concerning the appeal filed by Bonnifacia Barnhill. Upon roll call vote Deterding, Henry and Hewgley voted “aye”.  Nays, none.

 

Motion by Deterding, seconded by Henry to order that the written decision on Appeal Case No. 2016-01 submitted by Bonnifacia Barnhill be incorporated into the minutes of the April 11,2 016 board meeting as follows:

 

After hearing the evidence in this matter this Board makes the following findings:

 

Because of extenuating circumstances (autopsy) the applicant was not made aware of the requirement to notify the Department of HHS within 24 hours of death. Upon being made aware of the 24 hour requirement, the applicant did notify HHS within 1 working day.  Based upon the findings the Board makes the following ruling:  The applicants request for burial by cremation is granted at the county’s expense.

 

Upon roll call vote Deterding, Henry and Hewgley voted “aye”. Nays, none.

 

A copy of the decision was provided to Bonnifacia Barnhill and HHS following the decision before they left the Commissioners Meeting.

 

Motion by Henry, seconded by Deterding to go into closed session at 11:24 P.M. concerning strategy session, regarding real estate purchase of property for Lincoln County, Nebraska, 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 Henry, seconded by Deterding to go into open session at 11:45 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 12:07 P.M.

 

Advance notice and the agenda for the April 11, 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 April 8, 2016; and was also emailed to the media on April 8, 2016.

 

The agenda for the meetings to be held on April 18, 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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