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10-21-2019 Minutes

October 21, 2019

North Platte, Nebraska

 

Meeting of the Lincoln County Board of Commissioners. Present were Commissioners Joe Hewgley, Bill Henry, Kent Weems, Walt Johnson, Jerry Woodruff and County Clerk, Rebecca Rossell.  Woodruff offered prayer. 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 Weems to approve the minutes regarding the Lincoln County Board of Commissioners meeting held on October 14, 2019 clarifying the bid accepted on 10-14-2019 for three new dump trucks are 2021 Freight Liner trucks with Warren boxes.  Upon roll call vote Hewgley, Weems, Henry, Johnson and Woodruff voted “aye”.  Nays, none.

 

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

 

Motion by Woodruff, seconded by Henry to receive and order filed the fee report submitted by the County Sheriff.  Upon roll call vote Hewgley, Weems, Henry, Johnson and Woodruff voted “aye”.  Nays, none.

 

Motion by Weems, seconded by Johnson to approve and authorize the Chairman to sign a Rider increasing the project amount to the Performance Bond and Payment Bond from Western Engineering Company, Inc. for 2019 road projects.  Upon roll call vote Hewgley, Weems, Henry, Johnson and Woodruff voted “aye”.  Nays, none.

 

Motion by Henry, seconded by Woodruff to approve and authorize the Chairman to sign the right of way application submitted by Viaero Wireless with a correction to change the road name included on the application and map to the correct name.  Upon roll call vote Hewgley, Weems, Henry, Johnson and Woodruff voted “aye”.  Nays, none.

 

The Lincoln County Board of Commissioners recessed at 9:20 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 Woodruff, seconded by Johnson to approve the minutes regarding the Lincoln County Board of Equalization meeting held on October 14, 2019. Upon roll call vote Hewgley, Weems, Henry, Johnson and Woodruff voted “aye”.  Nays, none.

 

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

 

The Lincoln County Board of Equalization adjourned at 9:23 A.M. and the Lincoln County Board of Commissioners reconvened.

 

Lyle Koester appeared on behalf of the cemetery board to request an interlocal agreement with Ashgrove Wellfleet Cemetery for snow removal.  They would just need snow removal if they have a burial.

 

Highway Superintendent, Carla O’Dell, responded that she did not see a problem with doing this as needed.  The hourly rate is $92.00 per hour.  She will work with the cemetery board and Deputy County Wright to draft an interlocal agreement to present to the County Board.

 

Motion by Johnson, seconded by Henry to go into closed session at 9:31 A.M. concerning strategy session regarding pending litigation and to protect attorney client privilege, which is clearly necessary to protect the public interest.  Upon roll call vote Hewgley, Weems, Henry, Johnson and Woodruff voted “aye”.  Nays, none.

 

Chairman Hewgley restated the motion for the closed session.

 

Motion by Henry, seconded by Weems to go into open session at 10:02 A.M.  Upon roll call vote Hewgley, Weems, Henry, Johnson and Woodruff voted “aye”.  Nays, none.

 

The following bids were received for a service vehicle for the Lincoln County Department of Roads:  DTI – Colorado – $23,750; 4 D Repair LLC – North Platte – $17,000.

 

Highway Supt. and staff will review vehicles and make a recommendation to the County Board at the October 28, 2019 board meeting.

 

Motion by Henry, seconded by Weems to set November 12, 2019 at 10:00 A.M. to accept bids for three used motor graders for Lincoln County Department of Roads.  Upon roll call vote Hewgley, Weems, Henry, Johnson and Woodruff voted “aye”.  Nays, none.

 

Motion by Henry, seconded by Weems to set November 12, 2019 at 10:15 A.M. to accept bids for one used tractor for the Lincoln County Department of Roads.  Upon roll call vote Hewgley, Weems, Henry, Johnson and Woodruff voted “aye”.  Nays, none.

 

Motion by Henry, seconded by Weems to set November 12, 2019 at 10:25 A.M. to accept bids for one new offset construction disk for the Lincoln County Department of Roads.  Upon roll call vote Hewgley, Weems, Henry, Johnson and Woodruff voted “aye”.  Nays, none.

 

Highway Supt. O’Dell reported they would like to hire Woody Falkena for services on the 2019 county overlay projects with Western Engineering Company, Inc.  They would like him to make sure the surface temps are alright, make sure the correct mix is coming out of the plant and for possible inspections.

 

Commissioner Woodruff questioned if there would be any conflict of interest for Woody Falkena.

 

Falkena responded that he had retired from Western Engineering in February, 2019 and has no connection or ownership in the company.

 

Commissioner Henry commented that Woody Falkena has integrity, honesty and knowledge.

 

Commissioner Hewgley asked how does the county know that the mix temp will be o.k. when it gets to the site?

 

Falkena said they can use insulated boxes and tarp the load.  They will need to take temps of the material at the site.

 

Commissioner Weems asked if Woody thought there is still an opportunity to do the overlay projects this year depending on weather.

 

Woody replied yes but it does depend on the weather.  You have to look at both temp and the wind.

 

Commissioner Weems then asked if he would be comfortable taking the lead on the projects.

 

Falkena replied yes, but acting as a consultant with the highway superintendent taking the lead.

 

Motion by Henry, seconded by Johnson to approveThe county of Lincoln, Nebraska, enter into an agreement with Everett (Woody) Falkena to provide the following services:  oversee the asphalt overlay projects by Western Engineering Company, Inc., at the rate of $250.00 per day (including transportation), and hold him harmless for his services; and furthermore give authority to the Lincoln County Attorney or her deputies to put this agreement in writing, which will include details of Everett (Woody) Falkena work product, and give authority to the Lincoln County Board Chairman to sign.  Upon roll call vote Hewgley, Weems, Henry, Johnson and Woodruff voted “aye”.  Nays, none.

 

Chairman Hewgley excused himself from participation in the jail expansion project as he may have a potential conflict of interest.  He sat with the public during all jail expansion project items.

 

Deputy County Attorney, Joe Wright, stated he had spoken to the Nebraska Accountability and Disclosure Commission and this is a public policy decision.

 

Discussed and considered the following regarding hiring an Architect for the expansion of the Lincoln County Detention Center, to wit:

 

  • Does the Lincoln County Board continue negotiations with TreanorHL, Inc., and if so, are there any restrictions regarding what subcontractors TreanorHL may utilize?

 

Commissioner Woodruff asked if the original jail building project construction complications and problems were tied to the architect.

 

Commissioner Henry said that he was not on the County Board at that time but was involved in the project.  The issues were cleared up because of Treanor as the problems were with the contractor.

 

Sheriff Kramer reiterated that 100% of the problems were with the contractor and subcontractors.

 

Commissioner Woodruff questioned if Treanor was working in the best interest of the county.

 

Sheriff Kramer replied yes.  Treanor did a good job from start to finish.

 

Commissioner Johnson stated that his vote would be no, if all districts of the county are not represented equally.

 

Commissioner Henry commented he did not see how to get a representative from District 1 as Commissioner Hewgley recused himself from the project.

 

Commissioner Woodruff said he felt assured that problems with the original jail project were not the fault of the architect.  Treanor is already involved as we have already asked for estimates. He feels the project needs to start sooner than later.

 

Commissioner Weems stated he would like to see some additional inclusion on the contract language.  He has no doubt that Joe Hewgley wants the jail expansion to be a good project.

 

Commissioner Johnson again related he had no problems with the project he just wants all residents of the county to be equally represented. It could be possible but Joe Hewgley is the only one that has the power to fix it.

 

Commissioner Weems commented that his preference would be for Commissioner Hewgley to stay on the county board side.  However, as long as complete transparency exists for all parties involved, he can live with a limited board.

 

Commissioner Woodruff concurred with Commissioner Weems.  The local subcontractors have reputations to uphold.

 

Motion by Woodruff, seconded by Weems to continue negotiations with TreanorHL, Inc., with no restrictions on subcontractors.

 

Commissioner Weems stated he would rather not proceed this way but Mr. Hewgley has a right to do this and his heart is in the right place.

 

Commissioner Johnson wondered if there would be any ramifications from District One voters.

 

Deputy County Attorney, Joe Wright, reported that this project can legally proceed.

 

Woodruff, Weems, and Henry voted “aye”.  Johnson voted nay.  Hewgley is absent from this vote.  Motion carried.

 

  • If the Lincoln County Board continues negotiations with TreanorHL, Inc., then

discussions with the Lincoln County Attorney or her deputies as to what strategy

to use in negotiations.

 

Motion by Woodruff, seconded by Weems to approve discussions to authorize the Lincoln County Attorney or her deputies as to what strategy to use in negotiations.  Woodruff, Weems, Johnson and Henry voted “aye”.  Nays, none.  Hewgley is absent from this vote.  Motion carried.

 

Motion by Woodruff, seconded by Weems to approve and adopt Resolution No. 2019-33 authorizing the issuance of Limited Tax County Building Bonds in an amount not to exceed $4,700,000 for the purpose of paying the costs of constructing additions and improvements to the county law enforcement building.

 

Commissioner Johnson stated he had no problem with the project but he does have a problem with District 1 representation.

 

Woodruff, Weems, Johnson and Henry voted “aye”.  Nays, none.  Hewgley is absent from this vote.  Motion carried.

 

Motion by Weems, seconded by Woodruff to approve entering The county of Lincoln,

Nebraska, into an acquisition contract with CHAR-MAR-LONG, LIMITED

PARTNERSHIP, to acquire a permanent easement in approximately 5.14 acres, located

on the North Half (1/2) of Section 7, Township Thirteen (13), North, Range 30 West of

the 6th P. M., Lincoln County, Nebraska, for the purpose of rebuilding a section of the

West South River Road and authorize the Chairman to sign.  Upon roll call vote

Hewgley, Weems, Henry, Johnson and Woodruff voted “aye”.  Nays, none.

 

Motion by Weems, seconded by Johnson to approve accepting a donation of a temporary easement from CHAR-MAR-LONG, LIMITED PARTNERSHIP, which is in approximately 0.07 acres, located on the North Half (1/2) of Section 7, Township Thirteen (13), North, Range 30 West of the 6th P. M., Lincoln County, Nebraska, for the purpose of rebuilding a section of the West South River Road and authorize the Chairman to sign.  Upon roll call vote Hewgley, Weems, Henry, Johnson and Woodruff voted “aye”.  Nays, none.

Hear concerns from Elected Officials, Department Heads and their representative.

 

Approved the following claims as presented for payment:

 

The meeting was adjourned at 12:00 P.M.

 

Advance notice and the agenda for the October 21, 2019 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 October 18, 2019; and was also emailed to the media on October 18, 2019.

 

The agenda for the meetings to be held on Monday, October 28, 2019 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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