September 19, 2022
North Platte, Nebraska
Meeting of the Lincoln County Board of Commissioners. Present were Commissioners Joe Hewgley, Kent Weems, Micaela Wuehler, Chris Bruns, Jerry Woodruff and County Clerk, Rebecca Rossell. Woodruff offered prayer. Bruns called the meeting to order at 9:00 A.M.
Chairman Bruns 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 Wuehler, seconded by Hewgley to approve the minutes regarding the Lincoln County Board of Commissioners meeting held on September 12, 2022. Upon roll call vote Hewgley, Weems, Wuehler, Bruns and Woodruff voted “aye”. Nays, none.
Motion by Hewgley, seconded by Woodruff to receive and order filed the treasurer’s receipts. Upon roll call vote Hewgley, Weems, Wuehler, Bruns and Woodruff voted “aye”. Nays, none.
Motion by Hewgley, seconded by Weems to receive and order filed the fee report submitted by the County Sheriff for $4166.69. Upon roll call vote Hewgley, Weems, Wuehler, Bruns and Woodruff voted “aye”. Nays, none.
Motion by Woodruff, seconded by Weems to adopt Resolution No. 2022-19 for the 2022/2023 cash-in-lieu program for health insurance in the amount of $400.00 per month with required annual proof of creditable coverage per IRS guidelines. Upon roll call vote Hewgley, Weems, Wuehler, Bruns and Woodruff voted “aye”. Nays, none.
Motion by Weems, seconded by Woodruff to adopt Resolution No. 2022-20 directing the County Treasurer to issue tax sale certificates on those parcels which there are two (2) years delinquent real estate taxes or special assessments. Upon roll call vote Hewgley, Weems, Wuehler, Bruns and Woodruff voted “aye”. Nays, none.
Motion by Hewgley, seconded by Weems to approve the report from the County Treasurer on property taxes which are uncollectible and need to be stricken per NE State Statute § 77-1738. Upon roll call vote Hewgley, Weems, Wuehler, Bruns and Woodruff voted “aye”. Nays, none.
Motion by Woodruff, seconded by Wuehler to authorize the Chairman to sign the right-of-way application submitted by Great Plains Communications. Upon roll call vote Hewgley, Weems, Wuehler, 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 Bruns 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 Woodruff to approve the minutes regarding the Lincoln County Board of Equalization meeting held on September 12, 2022. Upon roll call vote Hewgley, Weems, Wuehler, Bruns and Woodruff voted “aye”. Nays, none.
Motion by Weems, seconded by Wuehler to 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, Wuehler, Bruns and Woodruff voted “aye”. Nays, none.
Motion by Hewgley, seconded by Woodruff to approve the notice of valuation numbered 2022-13 as submitted by the County Assessor. Upon roll call vote Hewgley, Weems, Wuehler, Bruns and Woodruff voted “aye”. Nays, none.
The Lincoln County Board of Equalization adjourned at 9:20 A.M. and the Lincoln County Board of Commissioners reconvened.
Discussed and considered an application by Gary & Ruth Stearns for a conditional use permit to allow a commercial strip mine operation on property located in a TA-1 transitional agricultural district and described as the NW ¼ and the S 1/2, EXCEPT portion deeded to the State of Nebraska in Warranty Deed recorded on April 2, 1943, in Book 81, Page 565 of Section 25, Township 13 North, Range 30 West of the 6th P.M. Lincoln County, Nebraska.
County Planning Director, Judy Clark, reported on the Planning Commission meeting on this item and stated that the City and County Planning Commission did approve the permit for a period of 10 years with the condition requiring that any disturbance of 1 acre or more requires a SWPPP to be submitted to the subdivisions for each project.
Chairman Bruns allowed public comment.
Commissioner Woodruff asked if a specific area of the property had been designated.
Clark said the whole area was submitted at the time of application as they were unsure at that time exactly where the best area would be located.
Commissioner Weems questioned if the neighbor’s concerns about erosion had been addressed.
Clark acknowledged there had been discussion about water shed and water run-off.
Commissioner Woodruff wondered if the 10-year time frame is generally acceptable.
Clark responded that it varies depending on the situation. According to the guidelines, if they do not meet the standards, this permit can be revoked.
Lincoln County Highway Supt., Jason Schultz, does have some concerns with the condition of the roadways that will be affected with the increased traffic. He estimates approximately 600 trucks a day, round trip, on East State Farm Road.
Per the planning and zoning guidelines it does state that the property owner can be assessed damage to the county roads beyond normal wear and tear.
Commissioner Weems questioned how the county would rate deterioration value per the planning guidelines.
Deputy County Attorney, Tyler Volkmer, stated this is clearly conditional use. If the landowner does not like the assessment of damage, then they can appeal it.
Clark reported that during her tenure there has never been assessed damages.
Volkmer communicated that the County Board should have the Highway Supt. thoroughly inspect the road conditions prior to conditional use.
Commissioner Bruns felt that additional wear and tear on the roads are part of the growth process. Issues can be addressed as part of the One & Six Year Road Plan.
The contractor (Van Kirk Bros. Contracting) explained there would be 2 water sources for the project. He went through the project plan and stated they plan to reclaim the land as they go.
Commissioner Woodruff deferred to Commissioner Hewgley if any additional conditions need to be added in his opinion.
Commissioner Hewgley had nothing to add. He addressed Gary Stearns again with highlights from the Lincoln County Planning Guidelines stating it is the responsibility of the property owner if there are damages to the road.
Stearns countered that there will also be grain trucks and other traffic on the road at the same time. He questioned how the county could make him responsible for the road.
Commissioner Weems retorted that he was not singling out this project. There is prior history, which has been part of, that had no conditions, and the county is still paying for it.
Commissioner Hewgley commented that the property owner and the county need to fairly share the responsibility.
Clark disclosed that the first year will be a large project and have a big impact, but subsequent years would be smaller.
The contractor asked what the property owner would have to do if they were to be assessed damages.
Volkmer replied that the roads would have to be repaired.
Commissioner Woodruff stated that the county needs advancement in development. The fill for this project is needed and would like to work out a mutually acceptable agreement with a reasonable approach.
The contractor questioned if a maximum dollar amount could be set.
Gary Stearns and Robert Long, along with the representative of Van Kirk Bros. Contracting, expressed concern about insurance not being available to cover this type of damage. They questioned how the county would assess this damage and the unknown cost this could add to the project.
Tanner Pettera, of Hub International Insurance, was contacted by phone for insurance guidance. He told board members that insurance coverage does not pay for wear and tear on the roads.
Commissioner Hewgley asked about approving the application, but waiving those sections, if they can obtain insurance.
Commissioner Bruns expressed that the regulations give the Highway Supt. a lot of discretion to assess damages and the county board members all want to see overall success for the county.
Deputy County Attorney, Tyler Volkmer, commented that he felt this portion of the regulations was not meant to cover roads but the adjoining property owners.
Commissioner Woodruff was in favor of the applications with the understanding that there will be a gentleman’s agreement between the contractor and road department concerning significant damages to the roads.
Commissioner Wuehler commented that we need to work together to make this project happen.
Motion by Hewgley, seconded by Weems to approve the application by Gary & Ruth Stearns for a conditional use permit to allow a commercial strip mine operation for 10 years with the condition requiring that any disturbance of 1 acre or more requires a SWPPP to be submitted to the county for each project, on property located in a TA-1 transitional agricultural district and described as the NW ¼ and the S 1/2, EXCEPT portion deeded to the State of Nebraska in Warranty Deed recorded on April 2, 1943, in Book 81, Page 565 of Section 25, Township 13 North, Range 30 West of the 6th P.M. Lincoln County, Nebraska, and all elements of the application are complied with based on the following factual findings, to wit: 1) The application complies with the current Lincoln County Zoning Regulations, 2) The application complies with current Lincoln County Subdivision Regulations, and 3) The application is in conformance with the current Lincoln County Comprehensive plan and Lincoln County Zoning Map. Upon roll call vote Hewgley, Weems, Wuehler, Bruns and Woodruff voted “aye”. Nays, none.
Discussed and considered an application by Robert Long for a conditional use permit to
allow a commercial strip mine operation on property located in a TA-1 transitional
agricultural district and described as the NW ¼ of Section 19, Township 14 North,
Range 29 West of the 6th P.M., Lincoln County, Nebraska, and the NE ¼ & E ½
SE ¼ & SW ¼ SE ¼ of Section 24, Township 14 North, Range 30 West of the 6th
P.M., Lincoln County, Nebraska, and part of the SW ¼ of Section 19, Township
14 North, Range 29 West of the 6th P.M., Lincoln County, Nebraska.
Planning Director, Judy Clark, stated that this property only involves the county and not the city. The Planning Commission requested the same 10-year permit as the prior application.
Commissioner Woodruff asked if the contractor planned to haul from the two different locations at the same time.
Van Kirk Bros. Contracting representative responded that they do not plan to haul from the two locations at the same time.
Commissioner Wuehler questioned if the drivers would stay to the prescribed route.
Contractor replied yes, the best of their ability.
Motion by Woodruff, seconded by Weems to approve an application by Robert Long for a conditional use permit to allow a commercial strip mine operation for 10 years with the condition requiring that any disturbance of 1 acre or more requires a SWPPP to be submitted to the county for each project, on property located in a TA-1 transitional agricultural district and described as the NW ¼ of Section 19, Township 14 North, Range 29 West of the 6th P.M., Lincoln County, Nebraska, and the NE ¼ & E ½ SE ¼ & SW ¼ SE ¼ of Section 24, Township 14 North, Range 30 West of the 6th P.M., Lincoln County, Nebraska, and part of the SW ¼ of Section 19, Township 14 North, Range 29 West of the 6th P.M., Lincoln County, Nebraska and all elements of the application are complied with based on the following factual findings, to wit: 1) The application complies with the current Lincoln County Zoning Regulations, 2) The application complies with current Lincoln County Subdivision Regulations, and 3) The application is in conformance with the current Lincoln County Comprehensive plan and Lincoln County Zoning Map. Upon roll call vote Hewgley, Weems, Wuehler, Bruns and Woodruff voted “aye”. Nays, none.
Discussed and considered a request by Fairway Estates Homeowners Association Inc. to accept dedication and adoption of Fairway Estates Road, Fairway Avenue, Fairway Drive and Club House Drive as shown on Campbell Estates First Subdivision.
Planning Director, Judy Clark, reported that the Planning Commission made a recommendation to approve and adopt the roads. The original plat filed in 2001 does state these were private roads with maintenance by the Homeowners Association. There were covenants placed on these roads. At the planning meeting there was a lot of discussion on budgetary concerns for the county.
Commissioner Weems commented that he noted certain road deficiencies in the report.
Clark stated these were observations on her part. These were done before the current subdivision standards were adopted in 2012.
Commissioner Wuehler stated it was her understanding that a certain percentage of property owners would have to request the road to be dedicated.
Clark replied that this has been submitted.
Deputy County Attorney Volkmer, stated as per Nebraska State Statute if the roads are built to county specifications, then the county must accept them and maintain them.
Clark commented that she would defer to Jason Schultz, Lincoln County Highway Supt., on meeting the county standards.
Schultz said that the roads were originally built to county standards. There might be a concern with drainage in the future, but he doesn’t see any ongoing concerns right now.
Commissioner Woodruff asked who bears the expense to damages in the county right-of-way.
Volkmer responded that the county can do what needs to be done in the county right-of-way.
Commissioner Weems asked about utility lines in the right-of-way.
Property owners commented that they did not foresee any issues.
Commissioner Bruns questioned what engineering firm was used when the roads were built.
Clark replied T.C. Engineering. Property owners understand that any damage in the right-of-way will be up to the property owner to relocate.
Commissioner Bruns wondered how many vacant lots were still in the subdivision.
Property owners stated there were 8 vacant lots still there.
Commissioner Bruns knows that the county has a housing shortage, but he does have concern about the existing life of the current asphalt.
Shultz reported the pavement seems to be in good condition.
Commissioner Bruns wanted the property owners to understand that these roads will be triaged with all the other county roads accordingly if they are accepted.
Motion by Woodruff, seconded by Wuehler to approve the request by Fairway Estates Homeowners Association Inc. to accept dedication and adoption of Fairway Estates Road, Fairway Avenue, Fairway Drive and Club House Drive as shown on Campbell Estates First Subdivision.
Commissioner Weems expressed concern about setting a precedent concerning the road specifications.
Commissioner Wuehler asked Schultz if he felt comfortable accepting the roads the way they are now.
Shultz responded that there may be some drainage issues in the future but does not see any ongoing issues now.
Upon roll call vote Hewgley, Weems, Wuehler, Bruns and Woodruff voted “aye”. Nays, none.
Motion by Wuehler, seconded by Woodruff to approve the purchase of a plotter/scanner for the Register of Deeds office in the amount of $9,695. Upon roll call vote Hewgley, Weems, Wuehler, Bruns and Woodruff voted “aye”. Nays, none.
Chairman Bruns appointed Commissioners Woodruff and Wuehler to the black-tailed prairie dog management committee.
Motion by Hewgley, seconded by Woodruff to adopt Resolution No. 2022-21 for the publication of the annual notice of the management plan as soon as practicable. Upon roll call vote Hewgley, Weems, Wuehler, Bruns and Woodruff voted “aye”. Nays, none.
Motion by Woodruff, seconded by Weems to approve and authorize the Chairman to sign the special designated liquor permits submitted by Pal’s Brewing Company for the pumpkin patch festival at the Homestead Pumpkin Patch on October 7, 14, 21 & 28, 2022. Upon roll call vote Hewgley, Weems, Wuehler, Bruns and Woodruff voted “aye”. Nays, none.
Motion by Woodruff, seconded by Wuehler to receive the report of the Lincoln County Highway Supt. concerning Somerset Road in part of the E ½ of SW ¼ of Section 26, Township 10 North, Range 31 West concerning the possible vacation of part of Somerset Road. Upon roll call vote Hewgley, Weems, Wuehler, Bruns and Woodruff voted “aye”. Nays, none.
Motion by Hewgley, seconded by Wuehler to adopt Resolution No. 2022-22 setting October 10, 2022, at 9:30 A.M. for public hearing concerning vacation of a portion of Somerset Road in part of the E ½ of SW ¼ of Section 26, Township 10 North, Range 31 West. Upon roll call vote Hewgley, Weems, Wuehler, Bruns and Woodruff voted “aye”. Nays, none.
Hear concerns from Elected Officials, Department Heads, or their representative.
Approve the following claims for payment. Motion carried.
General:
Agri Comp Sls se 4115.42
All Sf Indus su 3568.06
Amzn Cptl su 61.44
B Boyer mil 25.00
Brlt Dgn Trsh Blw se 9210.00
Cptl Bsns Sys se 41.02
Cntry Lnk se 351.44
Crvl Acdmc Cons se 639.85
C Boettcher ex 1470.00
C Shaw se 130.20
Chr Mnshl RC ls 3201.00
E Wood se 460.00
Cmrcl Invstmt se 10.39
Cndn Sgn su 264.40
Eakes su 3666.55
Ed M Fld Eq su 33264.00
Egl Comm se 50.00
E s & s su 324.74
Elts Atmtv re 85.40
Fr Lw Ofc se 4955.00
gWorks fee 3375.00
Gls Llc su 287.71
Idl Ln se 226.40
J Rudolph se 1920.00
J Gosnell mil 11.39
J Roberts mil 5.63
Knbl Refrig re 4520.50
Lncln Cnty Crt se 13.00
L Frederick mil 3.13
Mnrds se 106.62
Myr Crtv Prt Dsgn su 499.45
Mdwst Cnct se 92.49
Mtrla Sol su 8025.50
Mlw se 218.16
NACO reg 150.00
Np Fr Dprtmt ex 1379.20
Np Tlgrph se 72.59
Nrthwstrn En se 3870.85
Pthlgy Serv se 60.07
Qdnt Fnc usa pstg 1350.15
- Schroeder se 1000.00
Rsnbrg Ins se 30737.00
Snl Serv se 5694.22
Smt Fd Srvs se 5467.58
To Haas re 140.00
T Johnson mil 23.75
US Bank su 756.38
Unitech su 445.00
911 Cstm su 290.00
Roads:
At&t se 50.22
Akrs re 2775.17
Blk Hls En se 45.68
Crnhskr Inter re 1047.89
Crl, Inc su 26961.05
Dppd se 218.48
Grt se 8448.93
Inlnd Trk Prt re 3655.78
Lvl se 7756.75
Lncln Cnty Trs dues 2.50
Mppd se 77.47
Mnrds su 163.51
Mrphy Tr Eq re 11546.03
Ne Sfty Fr Eq su 968.00
Ne Trk Cntr re 1482.87
Nmc re 21923.30
Np Hrdwr su 149.64
Plsn Inc su 25148.78
Rdo re 347.20
Shelco re 9789.00
Us Bank su 215.91
Wpci se 36.00
Self-Funded Ins:
First Cncrd Bnfts Grp se 2179.29
Juvenile Fac:
M Jackson se 240.00
County Board conducted a work session to finalize the recommended 2022/2023 Lincoln County budget
County Board conducted a quarterly inspection of the Lincoln County Detention Center.
The meeting was adjourned at 1:26 P.M.
Advance notice and the agenda for the September 19, 2022, 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 September 16, 2022; and was also emailed to the media on September 16, 2022.
The agenda for the meetings to be held on Monday, September 26, 2022, 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
