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04-26-2021 Minutes

April 26, 2021
North Platte, Nebraska

Meeting of the Lincoln County Board of Commissioners. Present were Commissioners Joe Hewgley, Bill Henry, Kent Weems, Chris Bruns, Jerry Woodruff and County Clerk, Rebecca Rossell. Weems offered prayer. Weems called the meeting to order at 9:00 A.M.

Chairman Weems 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 Hewgley to approve the minutes regarding the Lincoln County Board of Commissioners meeting held on April 19, 2021. Upon roll call vote Hewgley, Weems, Henry, Bruns and Woodruff voted “aye”. Nays, none.

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

Motion by Woodruff, seconded by Bruns to authorize the Chairman to sign the special designated liquor application submitted by Aden Enterprises LLC for a wedding reception on June 12, 2021 at the Lincoln County Fairgrounds. Upon roll call vote Hewgley, Weems, Henry, Bruns and Woodruff voted “aye”. Nays, none.

Motion by Hewgley, seconded by Henry to adopt Resolution No. 2021-13 establishing the ARPA (American Rescue Plan Act) Fund (2580) for the Lincoln County Treasurer. Upon roll call vote Hewgley, Weems, Henry, Bruns 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 Weems 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, Shelli Franzen.

Motion by Hewgley, seconded by Henry to approve the minutes regarding the Lincoln County Board of Equalization meeting held on April 19, 2021. Upon roll call vote Hewgley, Weems, Henry, Bruns and Woodruff voted “aye”. Nays, none.

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

Motion by Hewgley, seconded by Bruns to approve the motor vehicle tax exemption application submitted by American Red Cross as recommended for approval by the County Treasurer. Upon roll call vote Hewgley, Weems, Henry, Bruns and Woodruff voted “aye”. Nays, none.

The Lincoln County Board of Equalization adjourned at 9:19 A.M. and the Lincoln County Board of Commissioners reconvened.

Lt. Dan Newton reported that he had obtained additional information concerning in car cameras for the patrol units. These units can be purchased through the accepted state purchasing contract. The County Board can either use the state contract or set a date to take bids.

Motion by Hewgley, seconded by Henry to purchase in car cameras for the Lincoln County Sheriff’s Office from the state purchasing contract.

Commissioner Hewgley withdrew his motion and Commissioner Henry withdrew his second to the motion.

This agenda item will be moved to the agenda for the next Commissioners meeting for action.

Motion by Bruns, seconded by Woodruff to approve the purchase of Motorola mobile radios for Lincoln County Sheriff’s Office patrol vehicles through the state purchasing contract. Upon roll call vote Hewgley, Weems, Henry, Bruns and Woodruff voted “aye”. Nays, none.

Executive Director, Lisa Burke as well as Visitors Bureau Advisory Board members, spoke concerning the restructuring of the North Platte/Lincoln County Visitors Bureau into a non-profit entity to continue to administer the Nebraska Visitor Development Act for Lincoln County. They would like to separate from the county and create a 501(c) (6) to allow the bureau to conduct its business more efficiently.

Commissioner Woodruff, who is the county representative on the Visitors Bureau Board, said he was in favor of the proposal. The current structure has constrained the visitor’s bureau in what it could accomplish.

Deputy County Attorney, Tyler Volkmer, said that it is not legal or illegal, there is no guidance in state statute. The County Board can decide to do this, but he would have to legally advise them against it.

Commissioner Hewgley stated that he was board member when the lodging tax was legislated and the intent was for it to run under county government for transparency.

Commissioner Henry was in favor of the idea but only if there is a way to do it legally.

Commissioner Bruns commented he is also in favor of moving to a non-profit but this may have to go through legislation to change the state statute.

Commissioner Weems stated his reservations are whether the action would be legal. He questioned obtaining an Attorney General’s opinion.

Volkmer questioned how we would handle the county property used by the Visitor’s Bureau.

Motion by Woodruff, seconded by Henry to approve the restructuring of the North Platte/Lincoln County Visitors Bureau into a non-profit 501(c) (6) entity.

Commissioner Hewgley stated good points were brought up but felt the vote was premature. There needs to be some additional work through legislation, Attorney General’s opinion or possible other options. If the board goes against legal counsel they are individually liable.

Commissioner Bruns wants to see it become a 501(c) (6) but through proper channels.

Commissioner Weems wants it properly done to see it happen.

Upon roll call vote Woodruff voted “aye”. Hewgley, Weems, Bruns and Henry voted “nay”. Motion failed.

Motion by Bruns, seconded by Henry to set May 17, 2021 at 10:00 A.M. to accept bids on the Ingham Bridge replacement project. Upon roll call vote Hewgley, Weems, Henry and Bruns voted “aye”. Woodruff voted “nay”. Motion carried.

Received the following bids for the O’Fallon Bridge replacement project materials
CBMP(4) Lincoln County Structure C005632107: Ace Eaton Metals – $131,871.80 and Contech Engineered Solutions – $ 129,272.00.

County Highway Supt. Carla O’Dell, will review bids with engineering consultant and make a recommendation to the County Board at the next meeting.

The resolution authorizing sale of obsolete culverts by Lincoln County Department of Roads was tabled for additional information to be reviewed.

Motion by Bruns, seconded by Hewgley to approve and authorize the Chairman to sign the special designated liquor application from the Lincoln County Ag Society for the County Fair on July 22, 23 & 24, 2021 for events in the race track area. Upon roll call vote Hewgley, Weems, Henry, Bruns and Woodruff voted “aye”. Nays, none.

Motion by Bruns, seconded by Hewgley to approve and authorize the Chairman to sign the special designated liquor application from the Lincoln County Ag Society for the County Fair on July 24, 2021 for the rough stock rodeo. Upon roll call vote Hewgley, Weems, Henry, Bruns and Woodruff voted “aye”. Nays, none.

Motion by Henry, seconded by Bruns to approve and authorize the Chairman to sign the special designated liquor application by Big Red Liquor for a bull riding event at North Platte Livestock Auction on May 28 and May 29, 2021. Upon roll call vote Hewgley, Weems, Henry, Bruns and Woodruff voted “aye”. Nays, none.

Motion by Henry, seconded by Bruns to deny the application by Wesley and Kelly Kudera for an amendment to Lincoln County Comprehensive Development Plan 2013 Future Land Use Map to amend certain lands from Transitional Agricultural to Urban Reserve located at the intersection of East Suburban Road and North Highway 83 on property described as part of the W ½ NW ¼ of Section 15, Township 14 North, Range 30 West of the 6th P.M., North Platte, Lincoln County, Nebraska based on the applicants request to withdraw the application. Upon roll call vote Hewgley, Weems, Henry, Bruns and Woodruff voted “aye”. Nays, none.

Motion by Bruns, seconded by Henry to deny the application by Wesley and Kelly Kudera to rezone certain lands from a TA-1 Transitional Agricultural District to an R-2 Urban Density Residential District located at the intersection of East Suburban Road and North Highway 83 on property described as part of the W ½ NW ¼ of Section 15, Township 14 North, Range 30 West of the 6th P.M., North Platte, Lincoln County, Nebraska based on the applicants request to withdraw the application. Upon roll call vote Hewgley, Weems, Henry, Bruns and Woodruff voted “aye”. Nays, none.

Region 51 Emergency Management quarterly report from January 1, 2021 to March 31, 2021 by Brandon Myers.

Motion by Bruns, seconded by Henry to approve and authorize the Chairman to sign the Nationwide Deferred Comp Plan 457(b) restatement questionnaire concerning CARES Act and SECURE Act revisions. Upon roll call vote Hewgley, Weems, Henry, Bruns 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 11:30 A.M.

Advance notice and the agenda for the April 26, 2021 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 23, 2021; and was also emailed to the media on April 23, 2021.

The agenda for the meetings to be held on Monday, May 3, 2021 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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