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01-27-2020 Minutes

January 27, 2020

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. Henry offered prayer. Henry called the meeting to order at 9:00 A.M.

 

Chairman Henry 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 Hewgley, seconded by Woodruff to approve the minutes regarding the Lincoln County Board of Commissioners meeting held on January 21, 2020. Upon roll call vote Hewgley, Weems, Henry, Johnson and Woodruff voted “aye”. Nays, none.

 

Motion by Woodruff, seconded by Johnson 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 Hewgley, seconded by Weems to continue the resolution appointing Lincoln County depositories for 2020 until the next board meeting. Upon roll call vote Hewgley, Weems, Henry, Johnson and Woodruff voted “aye”. Nays, none.

 

Motion by Weems, seconded by Woodruff to approve the appointment of Sara Wiseman to the Lincoln/McPherson Extension Board. Upon roll call vote Hewgley, Weems, Henry, Johnson and Woodruff voted “aye”. Nays, none.

 

Motion by Weems, seconded by Johnson to receive and order filed the fee reports submitted by the County Sheriff. Upon roll call vote Hewgley, Weems, Henry, Johnson and Woodruff 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 Henry 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 Johnson, seconded by Woodruff to approve the minutes regarding the Lincoln County Board of Equalization meeting held on January 21, 2020. Upon roll call vote Hewgley, Weems, Henry, Johnson and Woodruff voted “aye”. Nays, none.

 

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

 

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

 

Highway Supt., Carla O’Dell, reported that the rough cost estimate she received from Mainelli Wagner to set the right-of-way line regarding the South River Road project was $2600.

 

Commissioner Hewgley told board members that he had contacted the County surveyor and they will stake the right-of-way at no cost to the county.

 

Commissioner Woodruff will contact and work with the County Surveyor on location.

 

Motion by Hewgley, seconded by Woodruff to contact the Lincoln County Surveyor to stake out the right-of-way line regarding the South River Road project. Upon roll call vote Hewgley, Weems, Henry, Johnson and Woodruff voted “aye”. Nays, none.

 

Update by Carla O’Dell, Lincoln County Highway Supt., on West State Farm Hike and Bike Trail. This

application came in 4th but was not selected for funding in 2020 by Nebraska Game & Parks.

 

Ann Dimmit with the North Platte Trails Committee reported that due to the flooding this year the

grant budget had been cut and they only funded one project. It will be two years before they could

apply again. They have decided to try to complete the project using local funds with a 2 phase

approach. They plan to have a public meeting by March, 2020. Lincoln County may be asked for some in-kind services in the future.

 

Commissioner Hewgley commented that even in-kind contributions carry a financial commitment and

the original application included no financial commitment for Lincoln County.

 

Eric Seacrest of Mid Nebraska Community Foundation reminded board members that $57,000 had

been deposited in escrow for this project with the County Treasurer. He asked about a possible new

agreement or extension. He also questioned who would supervise and pay the contractors if done

locally.

 

Deputy County Attorney, Joe Wright, stated since the grant application was denied he was not sure Lincoln County should be involved in the project.

 

County Board asked Deputy County Attorney, Joe Wright and Eric Seacrest to discuss possible options.

 

County Board would like to sell pickups as scrap iron to Alter Metals and would like to auction the 1966 CAT motor-grader as mobile equipment.

 

Motion by Hewgley, seconded by Weems to proceed with the sale of surplus property at the Lincoln County Department of Roads as allowed per Nebraska state statute. Upon roll call vote Hewgley, Weems, Henry, Johnson and Woodruff voted “aye”. Nays, none.

 

Quarterly Report by Brandon Myers, Region 51 Emergency Management Director.

 

Brandon Myers, reported that the Memorandum of Understanding between Lincoln County and all the Hazmat Teams in the State of Nebraska was the next step in the process to become one group.

 

Motion by Hewgley, seconded by Weems to approve and authorize the Chairman to

sign the Memorandum of Understanding for Lincoln County acting as fiscal agent for

Nebraska Hazardous Materials Governing Group. Upon roll call vote Hewgley, Weems,

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

 

The following informal quotes were received for a copier for the Veterans Service Office: Capital

Business Systems – $2070; Eakes – $2879.40.

 

Motion by Weems, seconded by Woodruff to approve the purchase of a copier from

Capital Business Systems in the amount of $2070. Upon roll call vote Hewgley, Weems, Henry,

Johnson and Woodruff voted “aye”. Nays, none.

 

Chairman Henry for the record received Exhibit No. 1, Resolution No. AM20-001 from

the Lincoln County Planning Commission.

 

Planning Director, Judy Clark reported the Planning Commission with the assistance of Deputy County Attorneys Joe Wright and Stephen King, researched a number of different wind regulations from different counties and different states. One of the main items in the amendment proposed is regarding decommissioning.

 

Commissioner Weems asked how they arrived at 125% for decommission and how do we know in ten years that will be sufficient.

 

Deputy County Attorney, Stephen King replied that economics were taken into account as well as inflation. Deputy County Attorney, Joe Wright, stated there is money set aside in escrow for decommission.

 

Commissioner Weems questioned if there was an option for a cash reserve or bond by the Planning Commission for financial assurance.

 

Commissioner Henry also commented that the county roads need to be put back into shape as part of the decommissioning process.

 

Wright responded that it could be part of the decommissioning plan to the Planning Commission.

 

Commissioner Hewgley wondered what kind of enforcement action could be done if additional money for decommission is not available.

 

Wright told board members that it must be part of the plan. The county could use the money in the escrow account and start legal proceedings if needed. Wright reminded the County Board that the Planning Commission has the final say on this matter.

 

Judy Clark reported that all conditional use permits go through the Planning Commission. They all have to meet the minimum standards but the Planning Commission can also ask for additional requirements.

 

Motion by Weems, seconded by Johnson to receive Exhibit No. 1, Resolution No. AM20-001 from the Lincoln County Planning Commission, a written recommendation from the Lincoln County Planning Commission concerning the proposed Amendment titled “Proposal Amending Sections 8.07 and 8.08,” which amends Section 8.07 and 8.08 of Article 8 (Supplemental Regulations) of the “Zoning Regulations of The county of Lincoln, Nebraska.” Upon roll call vote Hewgley, Weems, Henry, Johnson and Woodruff voted “aye”. Nays, none.

 

Motion by Hewgley, seconded by Woodruff to set February 10, 2020 at 9:30 A.M. for a Public Hearing date on a proposed Amendment to the “Zoning Regulations of The county of Lincoln, Nebraska,” recommended by the Lincoln County Planning Commission, in which the proposed Amendment amends sections 8.07 and 8.08 of Article 8 (Supplemental Regulations) of the “Zoning Regulations of The county of Lincoln, Nebraska,” and furthermore instruct the Lincoln County Clerk to have the Public Hearing advertised and given as required by Law. Upon roll call vote Hewgley, Weems, Henry, Johnson and Woodruff voted “aye”. Nays, none.

 

Commissioner Weems commented that he asked to have the item concerning the evaluation process of appointed department heads and to develop a process to handle requests/complaints for departments on the agenda. Commissioner Weems would like to see a mid-year review and another review closer to the reappointment time. This information could then be provided to all County Board members. A process for handling requests/complaints would tie into the evaluation process. The County Board needs to set priorities for all departments and agree on them. Committees then could follow up on County Board recommendations.

 

Commissioner Johnson concurred on Commissioner Weems comments. He felt all actions should be in writing. The County presents in writing and it is acknowledged and received by the department heads.

 

Commissioner Hewgley told board members to keep in mind that there are complaints/issues that the board may not be aware of.

 

Commissioner Weems suggested some type of form to log calls/complaints/issues.

 

Commissioner Woodruff asked if these forms would be given to the County Board.

 

Commissioner Hewgley stated that board members can always ask for the log but they have been appointed to do the job.

 

Commissioner Weems also suggested a quarterly report by all department heads. He would also like each department to set a priority list.

 

Commissioner Hewgley suggested that if this is implemented that the County Board meet with all department heads so there is a clear understanding on both sides what is expected.

 

Commissioner Woodruff asked about having a work session to look at evaluation forms and how to edit them for the different departments in the county.

Commissioner Weems will continue working with department heads on developing a process and update the County Board at a future meeting.

 

County Board discussed appointment of a county board representative for the Lincoln County Detention Center addition and remodel project.

 

Chairman Henry stated the County Board needs one person responsible for the project.

 

Commissioner Woodruff asked if construction meetings could be part of the Commissioners meeting.

 

Sheriff Kramer responded that for the original project, meetings were held in various locations. The construction manager gave an update at the Commissioners meeting.

 

Joe Hewgley, citizen, clarified that there are two different types of meetings. Construction meetings are held on the job site and the Commissioner meetings were updates to the County Board.

 

Commissioner Weems questioned if the construction manager had the power to stop the process if necessary or did the County Board representative have that authority.

 

Joe Hewgley, citizen, reported that the architect is the owner’s legal representative. Any conversation between the owner and contractor needs to go through the architect.

 

Deputy County Attorney, Joe Wright, commented that these issues could be covered in the agreement with the contractor.

Commissioner Weems would like the board to hire a project manager that is a qualified contractor.

 

Wright asked if the board planned for this person to be the representative through the completion of the project.

 

It was determined that this person would be the representative through completion.

 

Motion by Weems and seconded by Johnson to appoint Commissioner Woodruff as the County Board representative for the Lincoln County Detention Center addition and remodel project with the understanding that scope and duties will be defined as we move forward.

 

Commissioner Woodruff accepted the appointment with reservation if other Commissioners can fill in if necessary.

 

Upon roll call vote Hewgley, Weems and Henry voted “aye”. Woodruff abstained. Hewgley recused himself due to a conflict of interest. Motion carried.

 

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

 

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 27, 2020 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 January 24, 2020; and was also emailed to the media on January 24, 2020.

 

The agenda for the meetings to be held on Monday, February 3, 2020 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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