December 12, 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 and Board Assistant, Tammy White. Roethemeyer offered prayer. Chairman Deterding called the meeting to order at 9:00 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 on December 5, 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 cancel the December 27, 2011 Lincoln County Board of Commissioners meeting. Upon roll call vote Hewgley, Roethemeyer and Deterding voted “aye”. Nays, none.
Motion by Roethemeyer, seconded by Hewgley to receive and order filed the fee reports submitted by the County Clerk, County Court, Register of Deeds, Clerk of District Court and County Sheriff. Upon roll call vote Hewgley, Roethemeyer and Deterding voted “aye”. Nays, none.
Motion by Hewgley, seconded by Roethemeyer to approve the June 30, 2011 Lincoln County Audit Report which has been completed and is on file in the office of the Lincoln County Clerk. Upon roll call vote Hewgley, Roethemeyer and Deterding 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 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 Treasurer, Sue Fleck and County Assessor, Julie Stenger appeared.
Motion by Roethemeyer, seconded by Hewgley to approve the minutes regarding the Lincoln County Board of Equalization meeting on December 5, 2011. Upon roll call vote Hewgley, Roethemeyer and Deterding voted “aye”. Nays, none.
Motion by Hewgley, seconded by Roethemeyer to approve and authorize the chairman to sign the certificates of correction and refund as submitted by the County Assessor. Upon roll call vote Hewgley, Roethemeyer and Deterding voted “aye”. Nays, none.
Motion by Hewgley, seconded by Roethemeyer to approve the motor vehicle tax exemption application submitted by Harvest Christian Fellowship Church as recommended by the County Treasurer. Upon roll call vote Hewgley, Roethemeyer and Deterding voted “aye”. Nays, none.
Deputy County Attorney, Joe Wright, arrived at 9:16 A.M.
The Lincoln County Board of Equalization adjourned at 9:18 A.M. and the Lincoln County Board of Commissioners reconvened.
A public hearing was opened at 9:21 A.M. on File No. AM11-002 to discuss an amendment to Article III Section 3.46(f) Home Occupation of Lincoln County’s Zoning Regulations by deleting buying or selling of a commodity from the regulation. The proposed amendment is as follows:
Words with lines drawn through them will be deleted.
Section 3.46(f) No outside storage, buying or selling of a commodity on the premises will be permitted.
Judy Clark, Lincoln County Planning Administrator, said the change was requested by a resident who has a gunsmithing business out of his home who said he was unable to obtain a permit to sell a firearm unless he was in compliance with the county regulations. This only pertains to Home Occupation.
The Lincoln County Planning Commission recommends approval of this amendment.
Barry Johnson, who has a taxidermy business on his property, questioned how this would affect him and his business.
Commissioner Hewgley also questioned how this would affect other home operated businesses in Lincoln County.
Clark explained this only applied to the Home Occupation section of the regulations and that many of these businesses might have been established prior to the zoning regulations or they were grandfathered in.
Commissioner Roethemeyer commented that internet sales have changed things a lot.
The public hearing was closed at 9:32 A.M.
Motion by Hewgley, seconded by Roethemeyer to approve and adopt Resolution No. 2011-37 on File No. AM11-002 as presented. Upon roll call vote Hewgley, Roethemeyer and Deterding voted “aye”. Nays, none.
Consider application File No. Su11-005 by Kenneth Brosius, owner and Custer Public Power, purchaser, for approval of Custer Power Administrative Subdivision which will subdivide a 1.80 acre tract from the remaining section of ground for the purpose of constructing a utility substation in an A-2 Agricultural District located north of North Platte on North County Line road on property described as part of the NW ¼ of Section 6, Township 16 North, Range 28 West of the 6th P.M., Lincoln County, Nebraska.
The Lincoln County Planning Commission recommends approval of the application.
Commissioner Deterding asked about a low curve on the road in this area.
Jerry Hitchcock, Lincoln County Highway Supt., replied that the curve he is referring to is not on this particular portion of road.
Motion by Hewgley, seconded by Roethemeyer to approve File No. SU11-005 as presented. Upon roll call vote Hewgley, Roethemeyer and Deterding voted “aye”. Nays, none.
County Board received the study conducted by Lincoln County Highway Supt., Jerry Hitchcock concerning vacating a portion of an unopened county road through both Tatman’s Replat and Tatman’s Hillside Edition. Hitchcock recommended that the right-of-way not be vacated but that the county would address the drainage issues.
Barry Johnson expressed concern about Lot 6, where the road stops; if it is ever developed he would need to have a road.
Commissioner Hewgley replied that the county would just need to give them access to it.
Hitchcock commented that the right-of-way is slightly skewed and minimum maintenance is already being done on this portion of this road.
Commissioner Hewgley again expressed that the county wants to retain the right-of-way.
Hitchcock commented that with his recommendation the county will maintain the right-of-way.
Barry Johnson requested that millings be put on the area this is used as a turn around.
Tim Townsend was agreeable with the highway superintendent’s recommendation.
Scott and Mary Brady and Tim Townsend and his wife do not want the road opened unless it is requested by them.
The County Board stated that have no desire to improve the above referenced road at this time, but they cannot see into the future or speak for future county board members.
Deputy County Attorney, Joe Wright, was excused at 10:01 A.M.
Commissioner Hewgley was excused at 10:55 A.M.
The County Board conducted a quarterly inspection of the Lincoln County Detention Center.
Approved the following claims as presented for payment:
The meeting was adjourned at 11:40 A.M.
Advance notice and the agenda for the December 12, 2011 board meetings were sent to members of the county board, county attorney and all others requesting the same. Notice was posted at the Lincoln County Courthouse, City Hall and on the county website.
The agenda for the meetings to be held on December 19, 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.
The December 27, 2011 Commissioner’s meeting was cancelled.
Rebecca J. Rossell
Lincoln County Clerk
