March 11, 2013

North Platte, Nebraska

 

Meeting of the Lincoln County Board of Commissioners. Present were Commissioners Joe Hewgley, Duane Deterding, Willis Roethemeyer and County Clerk, Rebecca Rossell. 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 Roethemeyer, seconded by Deterding to approve the minutes regarding the Lincoln County Board of Commissioners meeting held on March 4, 2013. 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 Roethemeyer, seconded by Deterding to receive and order filed the fee reports submitted by County Clerk, County Court, Clerk of District Court and Register of Deeds. Upon roll call vote Deterding, Roethemeyer and Hewgley voted “aye”. Nays, none.

 

Motion by Deterding, seconded by Roethemeyer to reappointment of Robert Lindemeier to Lincoln County Sheriff’s Merit Commission for a three year term to end January, 2016. Upon roll call vote Deterding, Roethemeyer and Hewgley voted “aye”. Nays, none.

 

Motion by Roethemeyer, seconded by Deterding to approve and authorize chairman to sign agreement for maintenance services for the Lincoln County Jail with Knapp Electric Inc. Upon roll call vote Deterding, Roethemeyer and Hewgley voted “aye”. Nays, none.

 

Motion by Deterding, seconded by Roethemeyer to approve the appointment of Chuck Boden to the Lincoln County Planning Commission to fill the vacancy created by the resignation of Bob Fattig. Upon roll call vote Deterding, Roethemeyer and Hewgley voted “aye”. Nays, none.

 

Motion by Roethemeyer, seconded by Deterding to approve the appointment of Dr. Dan Woodburn as Dentist to the West Central District Health Department Board of Health. 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, Julie Stenger appeared.

 

Motion by Roethemeyer, seconded by Deterding to approve the minutes regarding the Lincoln County Board of Equalization meeting held on March 4, 2013. Upon roll call vote Deterding, Roethemeyer and Hewgley voted “aye”. Nays, none.

 

Motion by Deterding, seconded by Roethemeyer to approve and authorize the chairman to sign the certificates of correction or refund submitted by the County Assessor. Upon roll call vote Deterding, Roethemeyer and Hewgley voted “aye”. Nays, none.

 

The Lincoln County Board of Equalization adjourned at 9:17 A.M. and the Lincoln County Board of Commissioners reconvened.

 

Discuss and consider General & Medical Assistance appeal filed by Dr. Melvin Canell.

Dr. Canell was the guardian of the late Arden Kruse. The county burial was approved by HHS but was then changed to a cremation for various reasons after discussion with the funeral home. HHS was not notified of these changes.

 

Dawn Anderson, representing HHS, stated that the amount allowed for cremation is $1050 and the actual charges are $1785. Funding was available that could have been applied to the cremation and inurnment. She agreed that the cremation was less expensive than a burial.

 

After hearing the evidence the Board makes the following findings on Appeal 2013-01: The Board agrees to pay $1785.00 for the cremation and inurnment of Arden Lee Kruse. It is further ordered that any funds in Mr. Kruse’s checking or savings accounts or other funds shall be used to reimburse this expense. Should there be sufficient funds to pay the entire $1785.00; any remaining funds shall be left in said accounts for the use by Mr. Kruse’s personal representative, Melvin Canell ED.D.

 

Based on the above findings on Appeal 2013-01 the Board makes the following ruling: The Board agrees to pay $1785.00 for the cremation and inurnment of Arden Lee Kruse. It is further ordered that any funds in Mr. Kruse’s checking or savings accounts or other funds shall be used to reimburse this expense. Should there be sufficient funds to pay the entire $1785.00; any remaining funds shall be left in said accounts for the use by Mr. Kruse’s personal representative, Melvin Canell ED.D.

 

Motion by Deterding, seconded by Roethemeyer, I move to approve the written decision on Appeal Case No. 2013-01 submitted by Dr. Melvin Canell and request that the written decision be incorporated into the minutes of March 11, 2013 board meeting. Upon roll call vote Deterding, Roethemeyer and Hewgley voted “aye”. Nays, none.

 

The Board agrees to pay $1785.00 for the cremation and inurnment of Arden Lee Kruse. It is further ordered that any funds in Mr. Kruse’s checking or savings accounts or other funds shall be used to reimburse this expense. Should there be sufficient funds to pay the entire $1785.00; any remaining funds shall be left in said accounts for the use by Mr. Kruse’s personal representative, Melvin Canell ED.D.

 

Motion by Deterding, seconded by Roethemeyer to accept the quarterly report of the Lincoln County Veterans Service Officer as presented. Upon roll call vote Deterding, Roethemeyer and Hewgley voted “aye”. Nays, none.

 

Motion by Deterding, seconded by Roethemeyer to approve of the annual report by the Veterans Service Officer on the Veterans Aid Fund. Upon roll call vote Deterding, Roethemeyer and Hewgley voted “aye”. Nays, none.

 

Motion by Roethemeyer, seconded by Deterding to approve and adopt Resolution No. 2013-07 authorizing the chairman to sign an Extended Preliminary Engineering Agreement with TranSystems Corp. concerning Birdwood Grade Separation, RRZ-1390(3), Control No. 61416. Upon roll call vote Deterding, Roethemeyer and Hewgley voted “aye”. Nays, none.

 

Deputy County Attorney, Joe Wright, discussed the proposed Franchise Agreement with Consolidated Connect, Inc. He reported that he had received a revised agreement back from them but still had several questions. He will continue working with them on an agreement.

 

Motion by Roethemeyer, seconded by Deterding in regards to the agreements between The county of Lincoln, Nebraska and Archonix Systems, LLC, I make a motion to authorize the Lincoln County Attorney’s office through its attorneys to negotiate and take action concerning any potential recovery of County funds paid to Archonix Systems, LLC, and damages suffered by the County with regards to the agreements with Archonix Systems, LLC. Upon roll call vote Deterding, Roethemeyer and Hewgley voted “aye”. Nays, none.

 

Approved the following claims as presented for payment:

 

The meeting was adjourned at 11:47 A.M.

 

Advance notice and the agenda for the March 11, 2013 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 Monday, March 18, 2013 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