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02-10-2020 Minutes

February 10, 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. Woodruff 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 Weems to approve the minutes regarding the Lincoln County Board of Commissioners meeting held on February 3, 2020. Upon roll call vote Hewgley, Weems, Henry, Johnson and Woodruff voted “aye”. Nays, none.

 

Motion by Hewgley, 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 Weems to receive and order filed the fee report submitted by the County Clerk and Clerk of the District Court. 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 Weems, seconded by Johnson to approve the minutes regarding the Lincoln County Board of Equalization meeting held on February 3, 2020. Upon roll call vote Hewgley, Weems, Henry, Johnson and Woodruff voted “aye”. Nays, none.

 

Motion by Hewgley, seconded by Weems 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 9:18 A.M. and the Lincoln County Board of Commissioners reconvened.

 

Public hearing was opened at 9:30 A.M. to receive comments concerning “Proposal

Amending Sections 8.07 and 8.08” of Article 8 (Supplemental Regulations) of the

“Zoning Regulations of The county of Lincoln, Nebraska,” which has been

recommended by the Lincoln County Planning Commission. The proposed changes

are only in regards to Sections 8.07 (Small Wind Energy Systems) and 8.08

(Commercial/Utility Grade Wind Energy Systems) of Article 8 (Supplemental

Regulations) of the “Zoning Regulations of The county of Lincoln, Nebraska,” for the

purpose of providing better clarity and structure in the regulations regarding Small Wind

Energy Systems and Commercial/Utility Grade Wind Energy Systems.

 

Chairman Henry read the following:

NOTICE IS TAKEN WITH REGARDS TO THE LINCOLN COUNTY COMPREHENSIVE PLAN, LINCOLN COUNTY ZONING REGULATIONS AND AMENDMENTS THERETO, SUBDIVISION REGULATIONS, AND LINCOLN COUNTY ZONING MAP AND AMENDMENTS THERETO, AND THOSE MATERIALS ARE PRESENT ON THE TABLE UP FRONT BEFORE THIS BOARD. ALSO, NOTICE IS TAKEN WITH REGARDS TO EXHIBIT NO. 1 (RESOLUTION NO. AM20-001 FROM THE LINCOLN COUNTY PLANNING COMMISSION) AND EXHIBIT NO. 2 (MINUTES OF THE LINCOLN COUNTY PLANNING COMMISSION MEETING HELD ON JANUARY 7, 2020) WHICH THIS BOARD RECEIVED RESPECTFULLY ON JANUARY 27, 2020, AND FEBRUARY 3, 2020, AND WHICH ARE PRESENT ON THE TABLE UP FRONT BEFORE THIS BOARD.

Judy Clark, Planning Director and Stephen King, Deputy County Attorney, gave an

overview of the proposed changes. They had reviewed regulations from other counties in Nebraska as well as other states. The main focus of the changes was on the

discontinuation and decommissioning portion. They reported that wind energy systems are only allowed through a Conditional Use Permit.

 

Commissioner Hewgley questioned how the financial assurance was estimated.

 

King responded that the engineer is supposed to take into account future costs and inflation for estimates.

 

Commissioner Woodruff asked if there was only one estimate.

 

King stated that there is only one estimate but the Planning Commission can request them to come back with updated estimates.

 

Clark reported that in the event of a review the Planning Commission has three options on the application: 1) continue it; 2) adjust it; or 3) revoke it.

 

King commented that the application fee had been changed from $250 to $5000.

Commissioner Woodruff asked for clarification on the definition of project.

 

Clark replied that the project is limited to one section. An aggregate project is defined as two sections at the most.

 

Commissioner Johnson questioned how they determined that they only had to remove 4 ft. of the concrete below the surface.

 

Clark and King both replied that they left that as is since it appeared to be standard across the country.

 

Terry Madsen, a resident of Nuckolls County appeared. His county has a proposed 120 million dollar wind energy project. He told board members that legislation had been proposed last year to remove all the concrete but it did not pass. He concurred that decommissioning is a serious issue. He had two concerns to express. 1) How do you get a fair and neutral engineer for the estimates as most of them work on behalf of the wind developers and 2) the blades are non-recyclable and how will they plan to get rid of them in the future.

 

Marvin Knoll thanked the Planning Commission for their hard work on this issue. He felt that the concrete should be removed at least 10 ft. instead of 4 ft. He asked where the money for financial assurance would be kept.

 

King responded that is defined in the definitions as to what can be provided for Financial Assurance. Clark added that at the time of application the Planning Commission can require one type of financial assurance specifically.

 

Tom Hansen commented also about the blades not being recyclable and what happens with the concrete that is taken out of the ground.

 

The public comment hearing was closed at 10:03 A.M.

 

Commissioner Johnson expressed concern about the trucks with the equipment navigating the county roads.

 

Clark stated that is not the concern of the Planning Commission. It would be up to the project owner.

 

Commissioner Hewgley questioned changing the depth of the concrete removal in the amendment and expressed concern about the issue of what happens to the blades after they are decommissioned. He also thanked the Planning staff for their hard work.

 

Commissioner Woodruff stated that there is 5 ft. of dirt on top of the concrete. However if it was his property he would want it all removed.

 

Planning Director Clark encouraged the Board to adopt the amendments as is and give any concerns back to the Planning Commission to amend if the County Board desires to do so.

 

Motion by Hewgley, seconded by Woodruff to approve and adopt Resolution No. 2020-08 which adopts Amendment to Section 8.07 and 8.08 of Article 8 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 Weems, seconded by Johnson to approve the reappointment of Frank Fleecs, Jon McNeel, Ron Roberts and Harry Haythorn to the Lincoln County Planning Board of Adjustment. (Fleecs and McNeel terms will end in 2022) (Roberts & Haythorn terms will end in 2021). Upon roll call vote Hewgley, Weems, Henry, Johnson and Woodruff voted “aye”. Nays, none.

 

Motion by Weems, seconded by Johnson to approve the appointment of Brent Roggow (term to end in 2021) as alternate to the Lincoln County Planning Board of Adjustment. Upon roll call vote Hewgley, Weems, Henry, Johnson and Woodruff voted “aye”. Nays, none.

 

Update by Eric Kamler from Congressman Adrian Smith’s office.

 

The following informal quotes were received by the Lincoln County Department of Roads for two of each: tailgate, spreader and plow:

 

Klute Truck Equipment – $35,780.00; Matt Friend Equipment – $33,776.76 and Aspen Equipment – $42,414.00.

 

Motion by Weems, seconded by Hewgley to approve to accept the informal quote on two tailgates, spreaders and plows for the two new trucks at Lincoln County Dept. of Roads from Klute Truck Equipment in the amount of $35,780.00. Upon roll call vote Hewgley, Weems, Henry, Johnson and Woodruff voted “aye”. Nays, none.

 

Motion by Hewgley, seconded by Weems to approve the following recommendation of the Lincoln County Security Committee to make an addition to the post orders for GS4 officers regarding Prohibited Items concerning weapons as follows: “Any unauthorized person who is attempting to enter the Courthouse with a firearm, explosive device, offensive weapon, knife of any size, or other dangerous weapon shall be denied access and may be subject to detainment for investigation. Under no circumstances shall said person be allowed entry with the weapon remaining in their possession.” Upon roll call vote Hewgley, Weems, Henry, Johnson and Woodruff voted “aye”. Nays, none.

 

Commissioner Hewgley did not take part in the agenda item concerning the Lincoln County Detention Center addition and remodel project due to a conflict of interest.

 

The County Board had received a letter from Tom Werblow of TC Engineering, who is the county representative for this portion of the project, after review of the agreement.

 

Sheriff Kramer did have some questions and concerns after review of the schematics.

 

Joe Hewgley, citizen, stated that Design and Development is the next phase of the project and will have more detail as well as the construction documents.

 

Werblow asked Sheriff Kramer to document his items to make sure they are addressed.

 

Commissioner Woodruff asked when these items should be communicated to the architect.

 

Werblow responded that a list in writing should be emailed to the architect as soon as possible.

 

Commissioner Hewgley stated that deciding on what type of cell is going to be used is very important.

 

Commissioner Woodruff commented that communicating with TreanorHL on the type of cells and costs is the next step.

 

Joe Hewgley, citizen, reported that he would contact TreanorHL about the estimates on cell types so this can be decided as soon as possible.

 

Sheriff Kramer told board members that they would prefer the pre-cast cells that was used in the original construction. He will send his recommendations and questions to Commissioner Woodruff and Joe Hewgley.

Motion by Woodruff, seconded by Johnson to approve the schematic drawings designed by TreanorHL for the Lincoln County Detention Center addition and remodel project as presented and authorize the Chairman to sign. Upon roll call vote Weems, Henry, Johnson and Woodruff voted “aye”. Nays, none. Hewgley cannot vote due to conflict of interest.

 

Motion by Woodruff, seconded by Hewgley to approve the proposed form to be used to attain bids for removal and placement of fence regarding the South River Road Reconstruction Project with the following corrections: (1) concerning Phase 2 – Part 3- Top wire will by 4.5’ from the ground, Bottom wire will be 14’ from the ground and the other two wires will be spaced evenly. (2) the Lincoln County Department of Roads will be the contact concerning the project rather than Commissioner Woodruff.

 

There was a question concerning the 5 wire portion of the project.

 

The 5 wire portion will match what is already there.

 

Upon roll call vote Hewgley, Weems, Henry, Johnson and Woodruff voted “aye”. Nays, none.

 

Motion by Weems, seconded by Hewgley to approve to rescind the public hearing date for the One & Six Year Road Plan that was scheduled for February 24, 2020 at 10:00 A.M. Upon roll call vote Hewgley, Weems, Henry, Johnson and Woodruff voted “aye”. Nays, none.

 

Motion by Weems, seconded by Hewgley to approve setting March 9, 2020 at 10:00 A.M. for public hearing for the One & Six Year Road Plan. 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 11:41 A.M.

 

Advance notice and the agenda for the February 10, 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 February 7, 2020; and was also emailed to the media on February 7, 2020.

 

The agenda for the meetings to be held on TUESDAY, February 18, 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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