September 20, 2010
North Platte, Nebraska
Meeting of the Lincoln County Board of Commissioners. Present were Commissioners
Joe Hewgley, Duane Deterding, Willis Roethemeyer, Board Assistant, Tammy White,
and Deputy County Clerk, Terry Heessel. Commissioner Hewgley offered prayer.
Chairman 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 Deterding, seconded by Roethemeyer to approve the minutes regarding the
Lincoln County Board of Commissioners meeting held on September 13, 2010. Upon
roll call vote Deterding, Roethemeyer and Hewgley voted “aye”. Nays, none.
Motion by Roethemeyer, seconded by Deterding to receive and order filed the
treasurer’s receipts. Upon roll call vote Deterding, Roethemeyer and Hewgley voted
“aye”. Nays, none.
Motion by Deterding, seconded by Roethemeyer to approve the substitution of
securities by NebraskaLand National Bank as pledged to the County Treasurer. Upon
roll call vote Deterding, Roethemeyer and Hewgley voted “aye”. Nays, none.
Motion by Roethemeyer, seconded by Deterding to approve the substitution of
securities by Wells Fargo Bank, NA as pledged to the County Treasurer. Upon roll call
vote Deterding, Roethemeyer and Hewgley voted “aye”. Nays, none.
Motion by Deterding, seconded by Roethemeyer to receive and order filed the fee
reports submitted by County Sheriff. Upon roll call vote Deterding, Roethemeyer and
Hewgley voted “aye”. Nays, none.
Motion by Deterding, seconded by Roethemeyer to send a written notice to Dawson
County terminating the contract for jail services, giving a 30 day notice. Upon roll call
vote Deterding, Roethemeyer and Hewgley voted “aye”. Nays, none.
Motion by Roethemeyer, seconded by Deterding approve interlocal agreement with the
City of North Platte for maintenance of roads, based upon the recommendation of Jerry
Hitchcock and to approve the interlocal agreement with the City of North Platte for
network services. Upon roll call vote Deterding, Roethemeyer and Hewgley 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 Long and Deputy County Assessor Stenger were present.
Motion by Roethemeyer, seconded by Deterding to approve the minutes regarding the
Lincoln County Board of Equalization meeting held on September 13, 2010. Upon roll
call vote Deterding, Roethemeyer and Hewgley voted “aye”. Nays, none.
Motion by Deterding, seconded by Roethemeyer to approve the certificates of correction
and refunds as submitted by the County Assessor. Upon roll call vote Deterding,
Roethemeyer and Hewgley voted “aye”. Nays, none.
Carol Bender was present to discuss homestead exemption which was denied by the
County Assessor. The County Assessor’s office had not received a new physician’s
certification of disability since the September 7, 2010 meeting. Ms Bender presented a
certification signed by the doctor. After discussion the County Board decided to call the
physician (Dr. Brittan) and discuss this matter with him. He was not in the office. The
office will have Dr. Brittan contact the County Board. Chairman Hewgley continued this
item until the Doctor could be reached.
Homestead exemption protest by John R. Cervantez (Rodriguez). Mr. Cervantez did
not appear, and the County Assessor’s office has had no response.
Motion by Roethemeyer, seconded by Deterding to affirm the Assessors decision to
deny the homestead exemption for John R. Cervantez (aka Rodrigues). Upon roll call
vote Deterding, Roethemeyer and Hewgley voted “aye”. Nays, none.
Dr. Brittan called in to discuss homestead exemption for Carol Bender. The call was put
on speaker phone. Dr. Britton said that there is not a doctor in town that gives a
disability rating. To get a disability rating, is a complex assessment. Disability is solely
based on loss of function, not on degree of pain. He based Ms. Benders degree of
disability (on form 458B dated 9-15-10) upon Dr. Simpson’s opinion back in 2006.
Ms. Bender stated that in the past she has had testing by a local physical therapist,
which was on doctors orders, but the therapist said it was to grueling, therefore the
therapist performed a different test.
Deputy County Assessor stated according to their records that year the homestead was
denied as the physician’s statement was marked that the applicant does not meet any
of the exemptions as listed.
The County Board examined the documents from the County Assessor, and the
testimony with Dr. Brittan. Chairman Hewgley stated that it would be to Ms Bender’s
advantage to contact a doctor that could get a disability rating and submit this
information to the County Assessor. Ms. Bender requested a name of a doctor that can
provide this rating. Chairman Hewgley suggested contacting her doctor or possibly the
Nebraska Health and Human Services.
Motion by Deterding, seconded by Roethemeyer to affirm the rejection of Homestead
exemption based on the information received for Carol Bender. Upon roll call vote
Deterding, Roethemeyer and Hewgley voted “aye”. Nays, none.
Marge Conway of Poer and Company representing CNH Capital America LLC
addressed the County Board of Equalization by telephone to discuss the protest of
penalty on person property. They are a new tax advisor for CNH Capital America, not
all of the information had been forward to them in a timely manner.
Deputy County Assessor, Julie Stenger, stated that the envelope was postmarked after
the deadline. In the future, please send in the form by the deadline and amendments
can be made to the original.
Chairman Hewgley, requested the direction from the Deputy County Attorney, Joe
Wright, as to what the County Board can do according to law. Deputy Attorney said
according to Nebraska Statue 77-1233.06(2) the County Board of Equalization is limited
to correcting penalties which were wrongly imposed or incorrectly calculated. The
county board of equalization shall have no authority to waive or reduce any penalty
which was correctly imposed and calculated.
Motion by Deterding, seconded by Roethemeyer to affirm the action of the county
assessor to impose the penalty for late filling. Upon roll call vote Deterding,
Roethemeyer, Hewgley voted “aye”. Nays, none.
The Lincoln County Board of Equalization adjourned at 9:45 A.M. and the Lincoln
County Board of Commissioners reconvened.
Claudine Thorne, Deputy County Attorney of Child Support Enforcement requested the
County Board to enter into an agreement with McPherson County for Child Support
services.
Motion by Roethemeyer, seconded by Deterding to approve the agreement for Child
Support enforcement with McPherson County. Upon roll call vote Deterding,
Roethemeyer and Hewgley voted “aye”. Nays, none.
Motion by Deterding, seconded by Roethemeyer to adopt Resolution 2010-23 amending
Section 14.1 of Article XIV Supplementary District Regulations of Lincoln County’s
Zoning Regulations, which eliminates Regulation of Windmill Generators and adds
Regulation for Small Wind Energy Conversion Systems and Regulation for
Commercial/Utility Grade Wind Energy Conversion Systems to cover Wind Energy
Installation. Upon roll call vote Deterding, Roethemeyer and Hewgley voted “aye”.
Nays, none.
The amendments to the Lincoln County Zoning Regulations will be published in book or
pamphlet form by the Lincoln County Clerk.
The Resolution with attachments will be spread in the minutes of the Lincoln County
Board of Commissioners.
Kirk Nichols (Construction Project Manger/Owner Representative) and Carol Rouw of
Treanor Architects (appearing by phone) gave a construction update of the Lincoln
County Jail Project.
Motion by Deterding, seconded by Roethemeyer to go into closed session at 10:55 A.M.
concerning strategy regarding potential litigation and to protect attorney-client privilege,
which is clearly necessary to protect the public interest. Upon roll call vote Deterding,
Roethemeyer and Hewgley voted “aye”. Nays, none.
Chairman Hewgley restated the motion.
Motion by Deterding, seconded by Roethemeyer to go into open session at 11:43 A.M.
Upon roll call vote Deterding, Roethemeyer and Hewgley voted “aye”. Nays, none.
Approved the following claims presented for payment:
The meeting was adjourned at 12:06 P.M.
Advance notice and the agenda for the September 20, 2010 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 September 27, 2010 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.
Terry L. Heessel
Deputy Lincoln County Clerk
