May 20, 2019

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. Hewgley called the meeting to order at 9:00 A.M.

 

Chairman Hewgley 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 Johnson, seconded by Henry to approve the minutes regarding the Lincoln County Board of Commissioners meeting held on May 13, 2019. 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 Henry, seconded by Woodruff to approve and authorize the Chairman to sign the right of way permit submitted by Great Plains Communications. Upon roll call vote Hewgley, Weems, Henry, Johnson and Woodruff voted “aye”. Nays, none.

 

Motion by Weems, seconded by Henry to receive and order filed the fee report submitted by the County Sheriff. Upon roll call vote Hewgley, Weems, Henry, Johnson and Woodruff voted “aye”. Nays, none.

 

Motion by Johnson, seconded by Woodruff to approve and authorize the Chairman to sign the Blue Cross/Blue Shield health and dental subgroup insurance application effective July 1, 2019. 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 Hewgley 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 Woodruff, seconded by Henry to approve the minutes regarding the Lincoln County Board of Equalization meeting held on May 13, 2019. Upon roll call vote Hewgley, Weems, Henry, Johnson and Woodruff voted “aye”. Nays, none.

 

Motion by Henry, seconded by Weems to approve and authorize the Chairman to sign the certificates of correction or refund submitted by the County Assessor.  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.

 

A hearing was opened at 10:02 A.M. under Neb. Rev. Stat. §23-1603 to determine if the Lincoln County Treasurer (Lorie Koertner) neglected or refused to render any account or settlement required by law, failed or neglected to account for any account or

settlement required by law, failed or neglected to account for any balance due the

state, county, township, school district, or any other misconduct in office, on or about

January 3, 2019, to May 13, 2019.

 

Chairman Hewgley explained the hearing process and Lorie Koertner was sworn in.

 

Chairman Hewgley asked Lorie if she received the notice of this hearing.

 

Lorie Koertner responded at the advice of her lawyer that she had a letter to read then she was done.

 

Chairman Hewgley read the hearing rights and asked Lorie if she understood them.

 

Koertner responded that she did receive notice of the hearing from the county.

 

Chairman Hewgley continued explaining the hearing process.

 

Lorie Koertner read her letter and left the Commissioners Room.

 

County Board discussed possible continuation of the hearing.

 

Lorie came back into the Commissioners Room. She was asked when a good time for continuance would be. She did not respond and left the room.

 

Chairman Hewgley requested the letter dated May 15, 2019 to Lorie Koertner at her residence address in North Platte, NE, which was served on May 15, 2019 by Western NE Process Service be received and marked as “Exhibit 1”.

 

Chairman Hewgley requested the letter read and presented to the County Clerk by Lorie Koertner be received and marked as “Exhibit 2”.

 

“Exhibit 1” and “Exhibit 2” were accepted by Chairman Hewgley.

 

Motion by Woodruff, seconded by Henry that on this day, at this time, the Lincoln County Board of Commissioners grant a continuance to the hearing of the Neb. Rev. Statute § 23-1603, the matter before the Commission this morning, that would grant continuance until such time as June 24, 2019 at 10:00 A.M. in the Commissioner’s office and that County Clerk, Rebecca Rossell, provide a written notice to Lorie Koertner to that effect. The notice to be delivered by personal service as well. Upon roll call vote Hewgley, Weems, Henry, Johnson and Woodruff voted “aye”. Nays, none.

 

Motion by Woodruff, seconded by Johnson that this body, the Lincoln County Board of Commissioners, would continue to such time as the hearing continuance on June 24, 2019 at 10:00 A.M. That we would consider those violations stated in Neb. Rev. Statute § 23-1603 and the board shall discuss and consider whether or not to remove Lincoln County Commissioner {Treasurer} from office at the continuance time, if that violation was discovered to be in effect. Upon roll call vote Hewgley, Weems, Henry, Johnson and Woodruff voted “aye”. Nays, none.

 

Chairman Hewgley read the letter from Sue Fleck stating she was not accepting the appointment of Lincoln County Treasurer.

 

Motion by Henry, seconded by Weems to accept the resignation of Sue Fleck in regards to her appointment on May 13, 2019, to perform the duties of the Lincoln County Treasurer as described in Neb. Rev. Statute § 23-1603. Upon roll call vote Hewgley, Weems, Henry, Johnson and Woodruff voted “aye”. Nays, none.

 

Chairman Hewgley stated that the personnel committee (consisting of Commissioners Hewgley and Woodruff) have talked to several individuals recommended by Sue Fleck that she felt would be appropriate for these duties.

 

Deputy County Attorney, Joe Wright, commented that the board is operating under Neb. Rev. Statute § 23-1603 for a replacement to perform the duties of the Lincoln County Treasurer’s Office.

 

Motion by Johnson, seconded by Woodruff that we, as the Lincoln County Board of Commissioners, appoint Shelli Franzen to perform the duties of the Lincoln County Treasurer as described in Neb. Rev. Statute § 23-1603 until a successor is elected or appointed and qualified. Upon roll call vote Hewgley, Weems, Henry, Johnson and Woodruff voted “aye”. Nays, none.

 

Motion by Woodruff, seconded by Johnson to request the Nebraska State Auditor to continue to perform an attestation of the Lincoln County Treasurer’s Office. 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 10:55 A.M.

 

Advance notice and the agenda for the May 20, 2019 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 May 17, 2019; and was also emailed to the media on May 17, 2019.

 

The agenda for the meetings to be held on Tuesday, May 28, 2019 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