April 4, 2011

North Platte, Nebraska

 

Meeting of the Lincoln County Board of Commissioners.  Present were Commissioners Joe Hewgley, Duane Deterding, Willis Roethemeyer, County Clerk, Rebecca Rossell, Deputy County Attorney, Joe Wright and Board Assistant, Tammy White.  Hewgley offered prayer.  Chairman Deterding called the meeting to order at 9:03 A.M.

 

Chairman Deterding 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 Roethemeyer to approve the minutes regarding the Lincoln County Board of Commissioners meeting held on March 28, 2011.  Upon roll call vote Hewgley, Roethemeyer and Deterding voted “aye”.  Nays, none.

 

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

 

Motion by Roethemeyer, seconded by Hewgley to approve and authorize the chairman to sign the right of way permits submitted by Nebraska Link.  Upon roll call vote Hewgley, Roethemeyer and Deterding voted “aye”.  Nays, none.

 

Motion by Hewgley, seconded by Roethemeyer to approve the design of the Sheriff shield to go on front of the Lincoln County Sheriff’s Office and Detention Center for design only and verify if the size of the sign needs to be varied.  Upon roll call vote Hewgley, Roethemeyer and Deterding voted “aye”.  Nays, none.

 

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

 

Chairman Deterding 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 Roethemeyer, seconded by Hewgley to approve the minutes regarding the Lincoln County Board of Equalization meeting held on March 28, 2011.  Upon roll call vote Hewgley, Roethemeyer and Deterding voted “aye”.  Nays, none.

 

No certificates of correction or refund were presented.

 

The Lincoln County Board of Equalization adjourned at 9:20 A.M. and the Lincoln County Board of Commissioners reconvened.

 

Motion by Hewgley, seconded by Roethemeyer to approve and authorize the Chairman to sign the selective overtime mini-grant application in the amount of $15,750 for the Lincoln County Sheriff’s Office.  Upon roll call vote Hewgley, Roethemeyer and Deterding voted “aye”.  Nays, none.

 

Motion by Roethemeyer, seconded by Deterding to adopt Resolution No. 2011-12 on File No. AM11-001 amending Section 27.7 (1) (a) of Article XXVII (“R-P” Community Unit Plan District) of Lincoln County’s Zoning Regulations.  Upon roll call Roethemeyer and Deterding voted “aye”.  Nays, none.  Hewgley abstained.  Motion passed.

 

Commissioner Hewgley commented they did not make a decision last week on the position of the Lincoln County Noxious Weed Superintendent.  He suggested the possibility of hiring in house or advertising and going through the process again.  He had spoken with both full time weed department employees and both stated they did not apply as they were supporting Todd Boller for the position which he then declined.

He also commented that Steven Kramer had a great deal of mechanical experience as well as some spraying experience.  He suggested there might be some things to discuss in a closed session.

 

Commissioner Roethemeyer stated he had also talked to Steven Kramer and Jennifer Cotton.  He felt that Steven was very capable of getting the necessary additional certifications and that he could operate under somebody else’s license for 60 days.  The weed spraying has already started and there is 3 to 4 months that they work on the equipment during the winter.  Both individuals have knowledge and training.  The county board advertised and qualified a couple of individuals and should follow our own rules.

 

Commissioner Deterding concurred with the above statement and also commented he had a couple of things to bring up in closed session.

 

Deputy County Attorney, Joe Wright, read Nebraska state statute pertaining to closed sessions.

 

Motion by Hewgley, seconded by Roethemeyer to go into closed session at 9:56 A.M. to discuss two candidates for the Noxious Weed Superintendent position to prevent needless injury to the reputation of the individuals.  Upon roll call vote Hewgley, Roethemeyer and Deterding voted “aye”.  Nays, none.

 

Chairman Deterding restated the motion for the closed session.

 

Motion by Hewgley, seconded by Roethemeyer to go into open session at 10:15 A.M.  Upon roll call vote Hewgley, Roethemeyer and Deterding voted “aye”.  Nays, none.

 

Commissioner Hewgley stated that they should consider an individual on the list or re-advertise.

 

Motion by Roethemeyer, seconded by Hewgley to offer the job to Steven Kramer, he was the second place candidate that was interviewed and agreed upon and is qualified for the position.  Also, to authorize the chairman to contact Kramer and negotiate salary within ranges.  Upon roll call vote Hewgley, Roethemeyer and Deterding voted “aye”.  Nays, none.

 

Deputy County Attorney, Joe Wright, reported he needed a resolution from the county board to proceed with condemnation action on the property for the Front Road Grade Separation project.  (Birdwood viaduct)  He discussed Option A & Option B on Tract No. 6.  If Option A is chosen the county will purchase an additional 1.28 acres of property.  If Option B is chosen, the county will use a small part of the 1.28 acres for a construction easement.

 

Highway Supt., Jerry Hitchcock, recommended Option A to purchase the additional 1.28 acres.

 

Commissioner Roethemeyer inquired if the 1.28 acre parcel is usable or sellable by the owner.

 

Hitchcock replied that it is considered a non-economic remainder and would not see much potential for ag purposes or for a home site.

 

David Steffes reported that it could not be a building site due to planning restrictions and it would not be feasible to farm.

 

Motion by Hewgley, seconded by Roethemeyer to adopt Resolution No. 2011-13

 

instituting eminent domain proceedings on Tract No. 5 in Project No. RRZ-1390(3), Control No. 61416,

regarding project commonly known as Front Road Grade Separation, concerning real estate owned by Jerome H. Steffes and Betty L. Steffes, husband and wife, subject to Notice of Contract to David A. Steffes (married to Valerie J. Steffes), which is located in Section 29, Township 14 North, Range 31 West of the Sixth Principal Meridian, Lincoln County, Nebraska.

 

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

 

Motion by Hewgley, seconded by Roethemeyer to adopt Resolution No. 2011-14

 

instituting eminent domain proceedings on Tract 6, Option A, in Project No. RRZ-1390(3), Control No. 61416, regarding project commonly known as Front Road Grade Separation, concerning real estate owned by Valerie J. Steffes (married to David A. Steffes), which is located in Section 29, Township 14 North, Range 31 West of the Sixth Principal Meridian, Lincoln County, Nebraska;

 

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

 

Motion by Hewgley, seconded by Roethemeyer to adopt Resolution No. 2011-15

 

instituting eminent domain proceedings on Tract No. 8 in Project No. RRZ-1390(3), Control No. 61416, regarding project commonly known as Front Road Grade Separation, concerning real estate owned by David A. Steffes and Valerie J. Steffes, husband and wife, which is located in Section 28, Township 14

North, Range 31 West of the Sixth Principal Meridian, Lincoln County, Nebraska.

 

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

 

The following bids were received for Lincoln County Department of Roads overlay projects C56-0211 and C56-1107 for 2011:

 

Simon Contractors              $634,921.66

Western Engineering          $534,664.91

 

Motion by Hewgley, seconded by Roethemeyer to accept the low bid of Western Engineering in the amount of $534,664.91.  Upon roll call vote Hewgley, Roethemeyer and Deterding voted “aye”.  Nays, none.

 

Linda Miller requested the board to consider building a ½ mile of road north off of Dairy Road in a fenced out county right of way.  She commented the road needs to be built back up and maintained as it blows shut in the winter.  There is plenty dirt available to build it up.  Four families use this road and they plan to start building a house this summer.  Her family used to use this road for travel and machinery.

 

Lloyd Miller stated that it was never a maintained road except one part which was maintained 3 or 4 times a year.

 

Hitchcock reported that the right of way was dedicated 66’wide back in 1928 but was never developed.  It ties into Dist. 31 school road.  There is a lot of dirt but it is basically sand and it would involve quite a bit of time to build a road.

 

Commissioner Hewgley related that other individuals with similar situations have requested this of the county board in the past but were not approved.

 

Commissioner Roethemeyer asked if they involved residences.

 

Hitchcock replied that one situation did, but they decided not to build.  The maintainer personnel stated they would fix wash outs on this right of way if Millers requested it.

 

Commissioner Deterding commented that it would cost quite a bit to build the road.

 

Linda Miller replied that they planned to build a $200,000 to $300,000 house that would be on the tax rolls.

 

Hitchcock voiced that to build this road right you would have to cap it with a binder soil and gravel it.

 

Lloyd Miller voiced that he had black soil available by the lagoons.

 

Commissioner Deterding questioned if they had contacted a private contractor about building a road.

 

Lloyd Miller responded no.

 

Hitchcock commented that there have been instances where a private party builds a road to county specs and the county agrees to maintain it.

 

Commissioner Roethemeyer asked if they would be willing to share costs.

 

Lloyd Miller stated he was not sure.

 

Hitchcock and Millers will check out options and report back to the board in a couple of weeks.

 

Approved the following claims presented for payment:

 

The meeting was adjourned at 12:23 P.M.

 

Advance notice and the agenda for the April 4, 2011 board meetings were sent to members of the county board, county attorney and all others requesting the same.  Notice was posted in the Lincoln County Courthouse, City Hall and on the county website.

 

The agenda for the meetings to be held on April 11, 2011 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 held at the Lincoln County Courthouse in the Commissioner’s Room at 9:00 A.M.  The regular meeting of the Lincoln County Board of Equalization will be held at the Lincoln County Courthouse in the Commissioner’s Room at 9:15 A.M.

 

Rebecca J. Rossell

Lincoln County Clerk