Holt County Board of Supervisor Proceedings (3-3-22)

February 16, 2022

O'Neill, Nebraska

The Holt County Board of Supervisors met as a Board of Equalization with all members present except Chairman Frahm. County Assessor Tim Wallinger, County Treasurer Shelly Ross and County Clerk Cathy Pavel were also in attendance. This meeting publicized pursuant to Section 84-1411 R.R.S. 1943. Notice of meeting given in advance thereof by publication in paper as shown by Affidavit of Publication on February 10, 2022, in the Atkinson Graphic.

Acting Chairman Tielke convened the meeting at 9:30 A.M. with the flag salute.

Motion by Butterfield, 2nd by Breiner, to approve the minutes of the January 31, 2022, meeting as printed. Voting Aye: Treptow, Keyes, Butterfield, Breiner, Paxton and Tielke.Voting Nay: None. Absent: Frahm. Motion carried.

Motion by Butterfield, 2nd by Paxton, to approve the tax list corrections #22-003 through #22-008 as submitted by the Assessor. Voting Aye: Keyes, Butterfield, Breiner, Paxton, Treptow and Tielke. Voting Nay: None. Absent: Frahm. Motion carried.

The Board discussed the 2021 valuation protest on parcel #450021540. Motion by Butterfield, 2nd by Paxton, to accept the recommendation from Vanguard Appraisals to authorize the Holt County Attorney and the Holt County Assessor to offer to Green Plains Atkinson, LLC a Confession of Judgement in the amount of $12,335,612.00. Voting Aye: Butterfield, Breiner, Paxton, Treptow, Keyes and Tielke. Voting Nay: None. Absent: Frahm. Motion carried.

Motion by Paxton, 2nd by Breiner, to approve the re-appraisal contract with Vanguard Appraisals to be conducted on the Green Plains Ethanol Plant in Atkinson. Voting Aye: Breiner, Paxton, Treptow, Keyes, Butterfield and Tielke. Voting Nay: None. Absent: Frahm. Motion carried.

Motion by Paxton, 2nd by Keyes, to approve the Permissive Exemption Application on file for the O'Neill Area Chamber of Commerce on parcel #450021988. Voting Aye: Paxton, Treptow, Keyes, Butterfield, Breiner and Tielke. Voting Nay: None. Absent: Frahm. Motion carried.

Chairman Tielke adjourned the meeting at 9:47 A.M.

William J. Tielke, 

Acting Chairman

Cathy Pavel, Clerk

February 16, 2022

O'Neill, Nebraska

The Holt County Board of Supervisors met in regular session as per adjournment with all members present except Supervisor Frahm. This meeting publicized pursuant to Section 84-1411 R.R.S. 1943. Notice of meeting given in advance thereof by publication in paper as shown by Affidavit of Publication on February 10, 2022, in the Atkinson Graphic.

Chairman Tielke convened the meeting at 9:47 A.M. and informed the public of the Open Meeting Poster. Motion by Paxton, 2nd by Keyes, to approve the minutes of the January 31, 2022, meeting as printed. Voting Aye: Treptow, Keyes, Butterfield, Breiner, Paxton and Tielke. Voting Nay: None. Absent: Frahm. Motion carried.

The Treasurers' Report was presented and placed on file.

Claims were reviewed.

Correspondence was reviewed.

Motion by Paxton, 2nd by Butterfield, to approve the surety bonds on file for Donald Koenig, Conley Township Clerk and James W. Kohle, Stuart Township Treasurer. Voting Aye: Keyes, Butterfield, Breiner, Paxton, Treptow and Tielke. Voting Nay: None. Absent: Frahm. Motion carried.

RESOLUTION #2022-2

OF THE 

HOLT COUNTY BOARD 

OF SUPERVISORS

WHEREAS, the following banks have made application for the privilege of being designated as depositories of the monies of Holt County:

Great Plains State BankO'Neill

Great Western BankO'Neill

Pinnacle BankO'Neill

Bank FirstO'Neill

Chambers State BankChambers

Farmers State BankAtkinsonTri-County BankStuart

Union Bank & TrustLincoln

Nebraska Public Agency Investment Trust (NPAIT)Lincoln

WHEREAS, all of the above banks will deposit, pledge or grant a security interest in their assets or provide a deposit guaranty bond for the security and payment for all of Holt County's deposits and accretions as required by law.  

WHEREAS, said securities will be deposited in escrow as provided by law for the safety of any and all public monies deposited and invested in said banks by Holt County's duly elected and acting County Treasurer.

WHEREAS, these banks have agreed to abide by all provisions of the law with respect to the deposit and investment of public monies.

THEREFORE, BE IT RESOLVED, that the above banks be designated and named the depositories of the public monies and that the Treasurer of Holt County, Nebraska, be, and hereby is authorized and empowered to deposit and invest the public monies now in hand or hereinafter to be acquired as such Treasurer, in the above banks in the manner and within the limits provided and prescribed by law. 

The foregoing resolution was introduced by Supervisor Butterfield who moved its adoption. Supervisor Treptow seconded the motion. Voting Aye: Butterfield, Breiner, Paxton, Treptow, Keyes and Tielke. Voting Nay: None.  Absent: Frahm. Motion carried.

RESOLUTION #2022-3

OF THE 

HOLT COUNTY BOARD 

OF SUPERVISORS

WHEREAS, the Board of Supervisors of Holt County, Nebraska, pursuant to Nebraska Statute, is vested with the authority of administering the affairs of Holt County, Nebraska; and

WHEREAS, it has been determined that a Holt County Local Emergency Operations Plan has been developed in order to provide for a coordinated response to a disaster or emergency in Holt County, Nebraska, and the cities and villages in Holt County; and

WHEREAS, the Board of Supervisors of Holt County, deems it advisable and in the best interest of Holt County to approve said Local Emergency Operations Plan;

WHEREAS, the acceptance of this Local Emergency Operations Plan supersedes all previous approved Holt County Local Emergency Operations Plans;   

NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Holt County, Nebraska, that the Holt County Local Emergency Operations Plan be, and hereby is, approved.

The foregoing resolution was introduced by Supervisor Treptow who moved its adoption. Supervisor Breiner seconded the motion. Voting Aye: Breiner, Paxton, Treptow, Keyes, Butterfield and Tielke. Voting Nay: None.  Absent: Frahm. Motion carried.

Motion by Treptow, 2nd by Keyes, to allow the Holt Boyd County Task Force to use the Emergency Management vehicles if needed for transportation. Voting Aye: Paxton, Treptow, Keyes, Butterfield, Breiner and Tielke. Voting Nay: None. Absent: Frahm.  Motion carried.

Motion by Butterfield, 2nd by Paxton, to approve the zoning application on file for Eugene Soukup, Steven Soukup, Gerald Soukup, Barbara Hascall & Kathryn Diez for 2 tracts in the NE ¼ 14-29-12. Voting Aye: Treptow, Keyes, Butterfield, Breiner, Paxton and Tielke. Voting Nay: None.  Absent: Frahm. Motion carried.

Mary Kaczor, Frank Heying, Verdon Smith and Gene Kelly, all representing the Holt County Planning and Zoning Board, were present to update the Board on updating the Holt County Comprehensive Plan and Holt County Zoning Regulations. They received bids from: Hannah Kennan & Associates, Lincoln NE and Marvin Planning Consultants, David City NE. County Attorney Brent Kelly was also present and stated they had met the bidding requirements for this project.

Motion by Butterfield, 2nd by Breiner, to accept the bid from Marvin Planning Consultants, Inc., David City NE to update the Holt County Comprehensive Plan and Holt County Planning & Zoning Regulations for $37,600.00 and direct the Planning Commission to coordinate with Marvin Planning Consultants on this project. Voting Aye: Keyes, Butterfield, Breiner, Paxton, Treptow and Tielke. Voting Nay: None. Absent: Frahm. Motion carried.

Motion by Keyes, 2nd by Paxton, to set for public hearing on March 16, 2022, at 1:30 P.M. to receive public comment on issuance of an 18-month moratorium on all industrial pipeline, wind and solar development and commercial livestock operations requiring a Conditional Use Permit to allow time for the new comprehensive plan and zoning regulations to be completed.  Voting Aye: Butterfield, Breiner, Paxton, Treptow, Keyes and Tielke. Voting Nay: None. Absent: Frahm.  Motion carried.

Diana Steskal was present to voice her support to implement an 18-month moratorium until the new comprehensive plan and zoning regulations are updated for Holt County.

Motion by Paxton, 2nd by Keyes, to set the bid date for 2022 asphalt on March 16, 2022, at 11:30 A.M. Voting Aye: Breiner, Paxton, Treptow, Keyes, Butterfield and Tielke. Voting Nay: None. Absent: Frahm.  Motion carried.

Motion by Butterfield, 2nd by Treptow, to approve the Right of Way permits for: Janet Grosch in SE ¼ 23-30-10; Ron Schmidt in E ½ 4-30-10; Jerald Pritchett in SE ¼ 15-30-10; Stacey Klabenes in NW ¼ 35-30-14 all for electrical cable for irrigation. Voting Aye: Paxton, Treptow, Keyes, Butterfield, Breiner and Tielke. Voting Nay: None. Absent: Frahm. Motion carried.

Motion by Keyes, 2nd by Paxton, to approve the Repurchase Agreement with Nebraska Machinery Company (NMC) on a 289D3 Cat skid steer lease for $6,877.50 for 1 year. Voting Aye: Treptow, Keyes, Butterfield, Breiner, Paxton and Tielke. Voting Nay: None. Absent: Frahm. Motion carried. 

Road Superintendent Gary Connot presented his Department Activity Report.

At 11:15 A.M. Chairman Tielke convened the annual One & Six Year Public Hearing. Road Superintendent Gary Connot detailed the proposed One & Six Year Plans. Comments and Questions were received from the Board and the 1 interested taxpayer.Motion by Keyes, 2nd by Paxton, to adjourn the One & Six Year Public Hearing at 12:00 P.M. and return to regular session. Voting Aye: Keyes, Butterfield, Breiner, Paxton, Treptow and Tielke. Voting Nay: None. Absent: Frahm. Motion carried.

RESOLUTION #2022-4

OF THE 

HOLT COUNTY BOARD 

OF SUPERVISORS

WHEREAS, Gary P. Connot, the duly appointed, qualified and acting Holt County Highway Superintendent, has prepared, and on January 18, 2022, has deposited with the Holt County Board of Supervisors, a plan for specific road improvement for Holt County for the current year, and,

WHEREAS, the said Gary P. Connot has, on the date aforesaid, deposited with the Holt County Board of Supervisors, the six-year plan prepared by him under the provisions of Section 37-2115, R.R.S., according to the rules and regulations and on the forms provided by the Nebraska State Highway Commission, and, 

WHEREAS, notice of a public hearing given and published in the Atkinson Graphic and Holt County Independent on February 3 & 10, 2022, in the form and manner required by the Nebraska State Highway Commission, and designed so as to be likely to come to the attention of the interested citizens of Holt County, Nebraska, and,

WHEREAS, a hearing was held at the time and place set forth in the notice aforesaid, before the Holt County Board of Supervisors, and,

WHEREAS, the Holt County Board of Supervisors has studied, investigated, and considered the information presented to it at the public hearing aforesaid, and all other pertinent and relevant information known to them.

THEREFORE, be it resolved that the plan for specific road improvement in Holt County, Nebraska, for the current year, and the six year plan prepared under the provisions of Section 37-2115, R.R.S., deposited as heretofore stated, with the County Board of Supervisors, for adoption prior to the filing with the State Highway Commission, as amended, if amended, because of information presented at the public hearing, and deemed proper and appropriate for Holt County, Nebraska, and the same are herewith adopted by Holt County.

BE IT FURTHER RESOLVED, that a copy of this resolution shall be certified together with a copy of the affidavit of publication of the notice of public hearing on the said plans, to the Nebraska State Highway Commission, in writing.

The foregoing resolution was introduced by Supervisor Paxton who moved its adoption. Supervisor Breiner seconded the motion. Voting Aye: Butterfield, Breiner, Paxton, Treptow, Keyes and Tielke. Voting Nay: None. Absent: Frahm. Motion carried.

Motion by Paxton, 2nd by Keyes, to allow the following claims. Voting Aye: Breiner, Paxton, Treptow, Keyes, Butterfield and Tielke. Voting Nay: None. Absent: Frahm. Motion carried.

General Fund Claim Total:  $211,328.71: A & J Tire & Auto Repair, LLC, Rep, $68.49; American Express, Off Equip/Supp, $2,490.87; Anson Insurance Services, Inc., Ins, $190.75; Appeara, Serv, $179.51; Applied Connective Technologies, Serv, $530.50; Atkinson Graphic, Print/Pub, $593.09; Babutzke, William, Mileage, $78.51; Biglin's Mortuary, Inc., County Burial, $50.00; Black Hills Energy, Serv, $787.68; Bob Barker Co., Inc., Supp, $82.34; Bomgaars, Supp, $61.51; Brent Kelly Law Firm, Mileage/Phone/Utilities, $654.37; Butterfield, Donald, Mileage, $252.32; C & R Supply, Inc., Rep, $720.18; Century Link-Probation Office, Serv, $219.43; Century Link-Sheriff & Courthouse, Serv, $1,618.60; City of O'Neill, Serv, $671.56; Clearfly Communications, Serv, $310.20; Connot Tire Service, Rep, $632.25; County Assessors Association of Nebraska, 2022 Dues, $60.00; CVSOAN, 2022 Dues, $255.00; DAS State Accounting, Data Process, $529.04; Doerr, Jeffrey, Atty Fees, $1,969.82; Dollar General, Supp, $192.00; Eakes, Off Equip Lease, $100.39; Election Systems & Software, Special Election, $1,007.10; Elkhorn Valley Family Medicine, Medical, $78.00; Forker, Don, Travel, $9.62; Fox's Food Plaza, Reappraisal Exp, $72.79; Fusion Cloud Services, LLC, Serv, $223.31; Galyen, Boettcher & Baier, Atty Fees, $585.00; Gokie Oil Co., Travel, $77.39; Great America Leasing Co., Off Equip Lease, $1,784.57; Great Plains Communications, Inc., Serv, $196.12; Holt County Independent, Print/Pub, $1,582.96; Holt County Court, Court Costs, $332.00; Holt County Court, Postage Reimburse, $3.19; Holt County District Court, Court Costs, $143.00; Holt County Treasurer, Off Supp, $24.00; KBRX Radio Station, Adv, $79.50; La Qunita Inn & Suites Kearney, Travel, $119.00; McConnell, Beverly, Matron, $52.50; Meritain Health, Health Ins, $125,000.00; Microfilm Imaging Systems, Inc., Off Equip Lease, $205.00; Microsoft, Data Process Equip, $97.28; Mips, Inc., Data Process, $2,938.78; Nebraska Health & Human Services, Serv, $186.00; Nebraska Public Power District, Serv, $500.00; Nebraska Public Power District, Serv, $3,298.43; Nebraska Tech & Telecommunications, Inc., Serv, $396.84; Nebraska.Gov, Sub, $9.50; Nebraskalink Holdings, LLC, dba OPTK, Serv, $560.00; NMC, Inc., Equip Lease, $6,550.00; Norfolk Lodge & Suites, Travel, $208.00; O'Neill Car Wash, Serv, $16.55; O'Neill Chemical Co., Supp, $1,083.19; O'Neill Family Pharmacy, Medical, $185.30; O'Neill Printing Co., Off Supp, $23.75; O'Neill Tire & Supply, Rep, $49.50; Office Products Center, Rep/Off Equip, $266.92; Ogden's Ace Hardware, Supp, $35.98; One Office Solution-Assessor, Off Supp, $584.26; One Office Solution-Brent Kelly Law, Off Equip Lease/Supp, $133.68; One Office Solution-Clerk, Off Supp, $43.36; One Office Solution-District Court, Off Supp, $134.19; One Office Solution-Jail, Off Supp, $32.29; One Office Solution-Probation, Off Supp, $1,444.87; One Office Solution-Public Defender, Off Supp, $47.33; One Office Solution-Sheriff, Off Supp, $20.96; One Office Solution-Treasurer, Off Supp, $14.10; Ouren, William, Autopsy Costs, $225.00; Paxton, Darrin, Mileage, $784.06; Peetz, Forrest, Atty Fees, $356.00; Pengad, Inc., Off Supp, $65.66; Petty Cash-Sheriff, Postage Reimburse, $27.42; Petty Cash-Treasurer, Postage Reimburse, $137.41; Phelps County Sheriff, Serv, $18.50; Physicians Laboratory P.C., Autopsy Costs, $2,050.00; Postmaster-Assessor, Postage, $689.26; Powertech, Main Contract, $750.00; Quill Corporation-Clerk, Off Supp, $246.95; Quill-Extension, Off Supp, $29.93; Ranchland Auto Parts, Rep, $51.59; Redwood Toxicology Laboratory, Inc., Serv, $100.00; Schaecher Electric, Rep, $934.26; Secretary of State, Off Supp, $20.00; Smith, Darla, Contract Labor, $1,500.00; Smith, Joseph, Atty Fees, $1,415.00; Strope & Gotschall, P.C., Atty Fees, $580.00; Sukup, Nancy, Off Supp, $28.98; Three River Communications, LLC, Serv, $216.96; Timmerman, Amy, Mifi Card, $90.04; Torpin's Rodeo Market, Supp, $1,420.69; Trade Winds Motel, Travel, $140.00; UNL 4-H Assistant, 4-H 2nd Qtr Salary, $10,618.28; US Bank, Equip/Off Supp/Special Election, $2,408.55; Vanguard Appraisals, Inc., Data Process, $17,100.00; Verizon Wireless, Serv, $296.93; Walnofer, Deb, Mileage, $33.93; Waterman, Debra, Travel, $49.47; Werth, LaDonna, Travel, $20.35; Wex Bank, Fuel, $2,188.97; Zelle Human Resource Solutions, Serv, $3,000.00 

Road Fund Claim Total:  $179,659.61: AKRS Equipment, Parts/Supp/Tires/Chains, $3,826.13; Appeara, Serv, $406.66; Applied Connective Technologies, Serv, $8.25; AT&T, Serv, $67.85; Atkinson Graphic, Print/Pub, $86.26; B's Enterprises, Inc., Signs, $610.50; Black Hills Energy, Serv, $1,531.66; Blackstrap, Inc., Snow Removal, $1,810.20; Bomgaars, Fuel/Parts/Supp, $1,927.77; Braun's Food Center, Supp, $6.25; Breiner Welding & Fabrication, Rep, $70.00; Carhart Lumber Co., Supp, $14.99; Carroll Olson Enterprises, Parts/Supp, $348.45; Century Link-2377 Road, Serv, $60.11; Century Link-3888 Road, Serv, $155.40; Century Link-2831 Road, Serv, $60.39; Century Link-5440 Road, Serv, $60.36; Chambers Township, Road Main, $8,800.00; Chemsearch, Supp, $1,128.03; City of Atkinson, Serv, $70.82; Cole Petroleum, Fuel, $18,690.00; Cole Sand & Gravel, Oversize, $1,155.00; Connot Tire Service, Rep/Tires/Chains, $1,113.05; Connot, Gary, NACE 22 Dues, $50.00; Dexter Diesel, LLC, Parts/Rep, $751.88; Elkhorn Rural Public Power District, Serv, $137.57; Elkhorn Sand & Gravel, LLC, Gravel, $14,592.00; Emme Sand & Gravel, Dirt, $3,537.83; Ewing Family Foods, Supp, $31.11; Ewing Feed & Supply, Supp, $36.95; Farmers Pride, Fuel, $11,685.03; First Stop, Fuel, $216.73; Fusion Cloud Services, LLC, Serv, $41.97; Galyen Energy Supply, Fuel, $3,229.70; Galyen Petroleum Co., Inc., Parts/Rep, $405.98; Gdanitz, Jim, CDL, $59.50; Grabtec, Parts, $359.00; Great America Leasing Co., Off Equip Lease, $184.15; Great Plains Communications, Inc., Serv, $52.84; Great Western Gas Co., Fuel, $841.26; Green's Service, Fuel/Parts, $5,378.70; Hipke, Keith, Clay, $2,900.00; Holt County Independent, Print/Pub, $177.10; Hubel Welding & Iron, Parts/Rep, $370.98; J&J Sanitation - 3051-1421, Serv, $190.30; J&J Sanitation - 3051-1859, Serv, $118.04; K & M Telephone Co., Serv, $35.63; Kimball Midwest, Serv, $465.76; Kramer Mfg, Inc., Supp, $23.00; LCL Truck Equipment, Inc., Parts, $56.55; Mitchell Equipment, Inc., Parts, $1,221.39; Municipal Power, Serv, $889.94; Nebraska Public Power District, Serv, $549.32; Netcom, Inc., Rep, $260.00; Niobrara Valley Electric, Serv, $1,448.04; NMC, Parts/Supp, $192.84; NMC, Inc., Equip Lease, $8,300.00; North Central Public Power, Serv, $117.45; Northeast Nebraska Telephone Co., Serv, $45.42; O'Neill Auto Supply, Inc., Parts/Supp, $2,914.71; O'Neill Printing Co., Off Supp, $159.37; O'Neill Shopper, Print/Pub, $209.10; O'Reilly Auto Parts, Parts, $26.98; Ogden's Ace Hardware, Supp, $212.56; One Office Solution, Off Supp, $148.03; Pitzer Digital, LLC, Misc, $216.00; Pomp's Tire Service, Inc., Chains/Tires, $1,832.52; Power Plan, Parts/Rep, $4,247.82; Ranchland Auto Parts, Parts/Supp, $931.87; Reiman, David, CDL, $103.00; Rose Equipment, Inc., Parts, $545.33; Ryan's Truck & Tractor Repair, Parts/Rep, $63.29; Seger & Sons Repair, Inc., Parts, $56.60; Sinclair Sand & Gravel, Gravel, $61,304.64; Sioux City Truck Sales, Inc., Parts, $478.97; Southside Mini Mart, Fuel, $423.96; The Wrangler, Parts, $40.00; Torpin's Rodeo Market, Supp, $3.18; Triple R Tire, LLC, Parts/Rep, $761.95; Truck Center Co., Parts, $1,577.27; US Bank, Fuel, $514.68; Verizon Connect, Serv, $742.59; Verizon Wireless, Serv, $204.13; Village of Chambers, Serv, $80.50; Warp Networks, Inc., Serv, $55.00; Welsh Welding & Repair, Supp, $9.46; Westend Mini Mart, Fuel, $261.58; White's Service, Fuel, $294.96; Wm. Krotter Co., Parts, $22.01; WPCI, Medical, $64.00; Zee Medical Service Co., Medical, $99.00; 95 West Express, Fuel, $92.46 

Visitor's Promotion Fund Claim Total:  $5,250.00: Faith Community Church, Mirz Show-St. Pat's, $750.00; O'Neill Chamber of Commerce, St. Pat's Day, $4,500.00 

Visitor's Improvement Fund Claim Total:  $1,295.58: O'Neill Chamber of Commerce, Contract Labor, $1,295.58 

Law Enforcement Contract Fund Claim Total:  $795.00: US Bank, Training, $795.00 

Jail Commissary Fund Claim Total:  $15.44: Three River Communications, LLC, Serv, $15.44

The Finance Committee reported that the County Officials had remitted their monthly fees to the County Treasurer as required.

Chairman Tielke adjourned the meeting at 12:15 P.M. until February 28, 2022, at 9:45 A.M.

William J. Tielke, Chairman

Cathy Pavel, Clerk

Published March 3, 2022                9

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