Holt County Board of Supervisors Proceedings (3-2-2023)

February 16, 2023

O'Neill, Nebraska

The Holt County Board of Supervisors met as a Board of Equalization with all members present. 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 9, 2023, in the Atkinson Graphic.

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

Motion by Paxton, 2nd by Breiner, to approve the minutes of the January 31, 2023, meeting as printed. Voting Aye: Treptow, Keyes, Neiman, Breiner, Paxton, Tielke and Frahm. Voting Nay: None.  Motion carried.

Chairman Frahm convened a public hearing at 9:31 A.M. to receive public comment on the Permissive Tax Exemption Applications on file for Religious and Community Buildings. New applications: Butte Full Gospel Church DBA Lighthouse Assembly of God, Atk Twp; R.C. Dev in E ½ 30-30-14 pt lot 16 3 ac; Christ Our Cornerstone Church, Inc; O'Neill VI; McCaff Add Blk 51 Lots 15 & 16; Keating Family Foundation Atkinson Farmers Market, Atk V OT Blk 7 Lots 17-18; Keating Family Foundation Keating Arts Center, Atk V OT Blk 5 Lots 10-11.

The Board reviewed the applications with County Assessor Tim Wallinger. No one appeared to comment.

Motion by Paxton, 2nd by Tielke, to adjourn from public hearing at 9:34 A.M. and return to regular session. Voting Aye: Keyes, Neiman, Breiner, Paxton, Tielke, Treptow and Frahm. Voting Nay: None. Motion carried.

Motion by Paxton, 2nd by Tielke, to approve the Permissive Exemption Application on file for Keating Family Foundation Atkinson Farmers market, as submitted by the Assessor. Voting Aye: Neiman, Breiner, Paxton, Tielke, Treptow, Keyes and Frahm.Voting Nay: None. Motion carried.

Motion by Tielke, 2nd by Neiman, to approve the Permissive Exemption Application on file for Keating Family Foundation Keating Arts center, as submitted by the Assessor. Voting Aye: Breiner, Paxton, Tielke, Treptow, Keyes, Neiman and Frahm. Voting Nay: None. Motion carried.

Motion by Paxton, 2nd by Breiner, to approve the Permissive Exemption Application on file for Christ Our Cornerstone Church, Inc., as submitted by the Assessor. Voting Aye: Paxton, Tielke, Treptow, Keyes, Neiman, Breiner and Frahm. Voting Nay: None. Motion carried.

Motion by Paxton, 2nd by Keyes, to approve the Permissive Exemption Application on file for Butte Full Gospel Church DBA Lighthouse Assembly of God, as submitted by the Assessor. Voting Aye: Tielke, Treptow, Keyes, Neiman, Breiner, Paxton and Frahm. Voting Nay: None. Motion carried.

Chairman Frahm adjourned the meeting at 9:39 A.M.

Doug Frahm, Chairman

Cathy Pavel, Clerk

February 16, 2023

O'Neill, Nebraska

The Holt County Board of Supervisors met in regular session as per adjournment with all members present. 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 9, 2023, in the Atkinson Graphic.

Chairman Tielke convened the meeting at 9:45 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, 2023, meeting as printed. Voting Aye: Treptow, Keyes, Neiman, Breiner, Paxton, Frahm and Tielke.Voting Nay: None. Motion carried.

The Treasurer's Report was presented and placed on file.

Claims were reviewed.

Correspondence was presented.

Motion by Frahm, 2nd by Paxton, to approve the surety bond on file for Daniel P. Eaton, Willowdale Township. Voting Aye: Keyes, Neiman, Breiner, Paxton, Frahm, Treptow and Tielke. Voting Nay: None. Motion carried.

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

Diana Steskal was present to discuss the procedure on the appointment and terms of the Planning & Zoning Board and procedures during the Board of Supervisor meetings and public hearings.

Motion by Paxton, 2nd by Treptow, to set the bid date for 2023 asphalt on March 16, 2023, at 11:30 A.M. Voting Aye: Neiman, Breiner, Paxton, Frahm, Treptow, Keyes and Tielke. Voting Nay: None. Motion carried.

Road Superintendent Gary Connot informed the Board that Holt County has been awarded a grant from Nebraska Department of Transportation for $250,000.00 towards the construction of the precast deck panel bridge. The project in Holt County will be South of Ewing on Clearwater Creek.

Motion by Paxton, 2nd by Keyes, to approve the County Bridge Match Program Project #STWD-CBMP(7) Control #00974F Program Agreement C0045009505 – 9.8S 1E Ewing at Clearwater Creek. Voting Aye: Breiner, Paxton, Frahm, Treptow, Keyes, Neiman and Tielke. Voting Nay: None. Motion carried.

RESOLUTION #2023-2

OF THE 

HOLT COUNTY BOARD OF SUPERVISORS

Whereas: Holt County is proposing a transportation project for which it would like to obtain County Bridge Match funds; and

Whereas: Holt County understands that it must strictly follow all State and local laws, rules, regulations, policies, and guidelines applicable to the funding of the project; and

Whereas: Holt County and Nebraska Department of Transportation (NDOT) wish to enter into a new Project Program Agreement setting out the various duties and funding responsibilities for the project.

Be it Resolved: by the Board of Supervisors of Holt County that: Chair of the Holt County Board of Supervisors is hereby authorized to sign the attached Project Program Agreement between Holt County and the NDOT.

Holt County is committed to providing local funds for the project as required by the Project Program Agreement.

    NDOT Project Number: STWD-CBMP(7)       

NDOT Control Number:  00974F       

NDOT Project Name: County Bridge Match Program

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

Gary Connot Road Superintendent presented his Department Activity Report.

11:00 A.M. being the time advertised bids were opened and read for 2023 Highway Striping. Bids were as follows:

Bidder — Option #1 - Option #2 - Option #3

Straight-Line Striping, Inc., Grand Island – Summer 2023 — $43,347.50 - $15,575.00 - $58,975.00 — Fall 2023 - $27,866.25 - $10,012.50 - $37,912.50

Highway Signing, Inc., Council Bluffs – Summer 2023 — $52,500.00 - $20,125.00 - $70,350.00 — Fall 2023 - $36,562.50 - $21,037.50 - $51,750.00

Contractor Services Inc, North Platte - Summer 2023 — $28,875.00 - $14,875.00 - $42,000.00 — Fall 2023 - $18,562.50 - $9,562.50 - $27,000.00

Time was allowed for Mainelli Wagner engineers to review the bids.

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 2 interested taxpayers.

Motion by Keyes, 2nd by Paxton, to adjourn the One & Six Year Public Hearing at 11:53 A.M. and return to regular session. Voting Aye: Frahm, Treptow, Keyes, Neiman, Breiner, Paxton and Tielke. Voting Nay: None. Motion carried.

RESOLUTION #2023-3

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 17, 2023, 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 2 & 9, 2023, 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 Frahm who moved its adoption. Supervisor Breiner seconded the motion. Voting Aye: Treptow, Keyes, Neiman, Breiner, Paxton, Frahm and Tielke. Voting Nay: None. Motion carried.

Motion by Keyes, 2nd by Neiman, to approve the skid steer lease with NMC CAT on a 2023 CATERPILLAR 289D3 for $8,500.00 for 12 months. Voting Aye: Keyes, Neiman, Breiner, Paxton, Frahm, Treptow and Tielke. Voting Nay: None. Motion carried.

The Board recessed for lunch at 12:08 P.M.

Chairman Tielke reconvened the meeting at 1:10 P.M. with all members present.

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

General Fund Claim Total:  $324,647.56: Alcohol Countermeasure Systems, Supp, $129.80; American Express, Data Process, $635.38; Americinn, Travel, $1,557.00; Anson Insurance Services, Inc., Ins, $68,046.00; Appeara, Serv, $191.72; Applied Connective Technologies, Serv, $1,199.70; Babutzke, William, Travel/Postage, $179.91; Biglin's Mortuary, Inc., County Burial, $3,225.00; Black Hills Energy, Serv, $1,900.23; Bomgaars, Rep/Supp, $143.91; Boyd-Holt E911, Communications, $34,284.38; Bruner Frank Shcumacher Husak, LLC, Atty Fees, $194.00; C&S Repair, Rep, $62.00; Carhart Lumber Co., Supp, $7.69; Century Link-Probation Office, Serv, $180.50; Century Link-Sheriff & Courthouse, Serv, $813.35; Charm-Tex, Misc, $448.22; City of O'Neill, Serv, $645.86; Clearfly Communications, Serv, $332.68; Coast To Coast Computer Products, Supp, $149.99; Connot Tire Service, Rep, $56.87; DAS State Accounting, Data Process, $432.88; Dollar General, Misc, $88.75; Douglas County Sheriff, Serv, $21.37; Eakes, Off Equip Lease, $173.41; Electronic Systems, Inc., Rep, $131.00; Elkhorn Valley Family Medicine, Medical, $78.00; Ertz, Dave, Travel, $40.29; Fox's Food Plaza, Fuel, $94.11; Fusion Cloud Services, LLC, Serv, $251.65; Galyen Energy Supply, Fuel, $100.00; Galyen, Boettcher & Baier PC, LLO, Atty Fees, $891.75; Gokie Oil Co., Fuel, $22.26; Gokie Oil Co., Extension Fuel, $54.78; GoTo Technologies USA, Inc., Data Process, $1,392.00; Gotschall & Sholes, Atty Fees, $4,270.00; Great America Leasing Co., Off Equip Lease, $2,136.18; Great Plains Communications, Inc., Serv, $193.51; Heartland Fire Protection, Main, $260.00; Holt County Independent, Print/Pub, $316.92; Holt County Court, Court Costs, $1,295.14; Holt County Court, Postage Reimburse, $9.76; Holt County District Court, Court Costs, $363.00; Holt County Treasurer, Postage Reimburse, $49.80; J&L Collision Center, Inc., Rep, $456.94; Jack's Uniforms & Equipment, Supp, $724.47; Johnson's, Inc., Rep, $444.65; KBRX Radio Station, Adv, $105.00; Knox County Treasurer, Hazard Mitigation, $10,234.11; Loup Basin RC&D Council, Dues/Print/Pub, $1,131.07; McCarthy Abstract Company, Reappraisal Exp, $150.00; Meritain Health, Health Ins, $125,000.00; Microfilm Imaging Systems, Inc., Off Equip Lease, $246.00; MIPS, Inc., Data Process/Off Supp, $2,742.62; Nebraska Association of County Clerks, Reg of Deeds, 2023 Dues, $50.00; Nebraska Association of County Clerks of the District Court, 2023 Dues, $50.00; Nebraska Health & Human Services, Serv, $93.00; Nebraska Association of County Treasurers, 2023 Dues, $50.00; Nebraska Public Power District, Annual Tower Rent, $500.00; Nebraska Public Power District, Serv, $4,064.99; Nebraska Tech & Telecommunications, Inc., Serv, $463.15; Nebraskalink Holdings, LLC dba OPTK, Serv, $280.00; O'Neill Chemical Co., Supp, $1,024.22; O'Neill Family Pharmacy, Medical, $38.62; O'Neill Pest Control, Contract Labor, $75.00; O'Neill Printing Co., Off Supp/Print/Pub, $156.95; O'Neill Super Foods, Supp, $19.98; Office Products Center, Data Process/Off Supp, $267.76; Ogden's Ace Hardware, Supp, $108.56; One Office Solution-Assessor, Off Supp, $47.93; One Office Solution-Brent Kelly Law, Off Supp, $56.86; One Office Solution-Clerk, Off Supp, $88.96; One Office Solution-Jail, Off Supp, $60.71; One Office Solution-Probation, Off Supp, $505.96; One Office Solution-Public Defender, Off Supp, $59.94; One Office Solution-Sheriff, Off Supp, $41.96; One Office Solution-Treasurer, Off Supp, $23.61; One Office Solution-Veteran's Service, Off Supp, $129.02; Paxton, Darrin, Mileage, $718.02; Peterson, Kristi, Travel, $207.34; Petty Cash-Sheriff, Postage Reimburse, $8.37; Petty Cash-Treasurer, Postage Reimburse, $166.85; Physicians Laboratory P.C., Autopsy Costs, $257.00; Postmaster-Probation, Postage, $392.00; Prairie Hills Ford, Rep, $52.68; Quill-Clerk, Off Supp, $232.59; Quill-Extension, Off Supp, $325.93; Ramada By Wyndham Columbus Hotel, Travel, $192.00; Ranchland Auto Parts, Travel, $223.89; Region II, 2023 Dues, $50.00; Sidwell, Harris Local Government, Contract Services, $1,750.00; Smith, Darla, Contract Labor, $1,600.00; Summerland Advocate, Print/Pub, $9.60; Taylor Made Printing, Print/Pub, $86.50; Three River Communications, LLC, Serv, $223.29; Tielke, Bill, Mileage, $511.30; Timmerman, Amy, MIFI Card/Travel, $255.10; Torpin's Rodeo Market, Supp, $1,649.76; Treptow, Joshua, Mileage, $205.63; UNL 4-H Assistant, FY23 Qtr Pay, $11,808.87; US Bank, Misc/Off Supp, $610.87; Vanguard Appraisals, Inc., Data Process, $20,290.00; Verizon Wireless, Serv, $328.66; Werth, LaShanna, Contract Labor, $90.00; Werth, LaDonna, Travel, $298.68; Wex Bank, Fuel, $2,559.84; Zelle Human Resource Solutions, Serv, $3,000.00

Road Fund Claim Total:  $316,560.69: A&J Towing, Machine Hire, $1,050.00; Ag & Industrial Equipment, Parts/Rep, $578.74; AKRS Equipment, Equip Rental, $57,475.00; AKRS Equipment, Parts, $1,010.14; Alder Plumbing, LLC, Buildings, $4,990.95; Americinn, Travel, $357.00; Appeara, Serv, $333.60; Applied Connective Technologies, Serv, $15.30; AT&T, Serv, $66.58; Atkinson Township, Road Maintenance, $21,875.00; Avera St. Anthony's Hospital, Medical, $120.00; B's Enterprises, Inc., Parts/Tools/Grader Blades/Chains/Tires, $25,071.00; Bennetts, Ron, Machine Hire, $1,125.00; Black Hills Energy, Serv, $2,527.78; Blackstrap, Inc., Snow Removal, $11,615.00; Bomgaars, Parts/Supp, $2,011.36; Breiner Welding & Fabrication, Parts/Rep/Supp, $5,636.74; Campbell, Kyle, Travel, $105.33; Carroll Olson Enterprises, Parts/Supp, $481.20; Century Link-2377 Road, Serv, $78.53; Century Link-2831 Road, Serv, $78.53; Century Link-3888 Road, Serv, $172.16; Century Link-5440 Road, Serv, $62.10; Chambers Township, Road Maintenance, $8,800.00; Cole Petroleum, Fuel, $14,560.00; Connot Tire Service, Parts/Chains/Tires, $784.95; Crumly, Ron, Parts, $77.99; Dobias Excavating, Machine Hire, $1,596.00; Elkhorn Rural Public Power District, Serv, $161.63; Elkhorn Sand & Gravel, LLC, Gravel, $3,639.00; Emme Construction, Machine Hire, $12,662.50; Emme Sand & Gravel, Gravel, $797.50; Ewing Family Foods, Supp, $34.76; Ewing Feed & Supply, Parts, $20.77; Farmers Pride, Fuel, $17,182.21; Funk Construction, LLC, Machine Hire, $8,100.00; Fusion Cloud Services, LLC, Serv, $53.71; Galyen Energy Supply, Fuel, $12,175.05; Great America Leasing Co., Off Equip Lease, $184.15; Great Plains Communications, Inc., Serv, $53.55; Great Western Gas Co., Fuel, $2,658.05; Green's Service, Fuel/Parts, $8,180.09; Holt County Independent, Print/Pub, $103.50; Hubel Welding & Iron, Parts/Rep, $316.88; J&J Sanitation - 3051-1421, Serv, $268.79; J&J Sanitation - 3051-1859, Serv, $166.73; K & M Telephone Co., Serv, $36.34; Kimball Midwest, Supp, $1,284.79; Kula, Evan, Reimbursement, $15.00; Mainelli Wagner & Associates, Inc., Serv, $28,388.13; Milbourn, George, Reimbursement, $15.00; Mitchell Equipment, Inc., Parts, $1,120.57; MRJ Engineering-Mike Rowe Jr., Engineering Fees, $6,800.00; Municipal Power, Serv, $1,131.84; Nebraska Safety Center @ UNK, Registration, $265.00; Nebraska Public Power District, Serv, $513.68; Netcom, Inc., Parts/Rep, $1,280.04; Niobrara Valley Electric, Serv, $1,605.96; NMC, Parts/Grader Blades/Steel Products, $11,297.13; North Central Public Power, Serv, $137.10; Northeast Community College, Training, $2,210.00; Northeast Nebraska Telephone Co., Serv, $46.13; O'Neill Auto Supply, Inc., Parts/Supp, $1,851.22; O'Neill Electric Motor Services, Maintenance, $290.10; O'Neill Shopper, Print/Pub, $449.67; O'Neill Super Foods, Supp, $71.12; O'Reilly Auto Parts, Parts, $43.62; Ogden's Ace Hardware, Supp, $142.96; One Office Solution, Off Supp, $203.02; Overhead Door Company of Norfolk, Rep, $241.00; Pomp's Tire Service, Inc., Chains/Tires, $230.53; Power Plan, Parts/Rep, $7,352.63; Quality Alignment & Repair, Parts/Rep, $4,833.68; Ranchland Auto Parts, Parts/Supp, $3,193.54; Reiman, David, Reimbursement, $106.40; Reiman's Body Shop, Parts/Rep, $165.00; Ron's Mobil, Parts, $2,592.00; Shamrock Diesel Repair, Parts/Rep, $1,556.68; Slaymaker Heating & Air Conditioning, Supp, $197.00; Southside Mini Mart, Fuel, $820.25; Speece Lewis Engineers, Engineering Fees, $480.00; Triple R Tire, LLC, Parts/Rep, $460.00; Truck Center Companies, Parts, $1,643.48; US Bank, Fuel/Parts, $434.50; Verizon, Serv, $785.95; Verizon Wireless, Serv, $205.24; Village of Chambers, Serv, $86.50; Warp Networks, Inc., Serv, $55.00; Welsh Welding & Repair, Parts/Rep, $1,422.00; Westend Mini Mart, Fuel, $81.76; White's Service, Fuel, $456.04; Wm. Krotter Co., Parts/Supp, $515.24; WPCI, Serv, $33.00

Visitor's Promotion Fund Claim Total:  $20,825.04: Atkinson Chamber of Commerce, Atkinson Wings, $773.50; Faith Community Church, Ventriloquist-Summerfest, $1,000.00; O'Neill Chamber of Commerce, St Pat's, $7,051.54; O'Neill Lions Club, Husker Hoops, $2,000.00; O'Neill Summerfest Rodeo, Summerfest Rodeo, $10,000.00

COVID American Rescue Plan Fund Claim Total:  $41,534.66 : Farmers Pride, Fuel/Labor/Parts, $4,200.66; Marvin Planning Consultants, Inc., Serv, $1,305.00; Platte Valley Communications, Inc., Communication Tower, $36,029.00

  Motion by Paxton, 2nd by Frahm, to accept the low bid from Contractor Services Inc, North Platte for the 2023 Summer and Fall Highway Striping projects as per bid specifications. Voting Aye: Breiner, Paxton, Frahm, Treptow, Keyes, Neiman and Tielke. Voting Nay: None. Motion carried.

Motion by Paxton, 2nd by Frahm, to convene in Executive Session at 1:18 P.M. to discuss the status of litigation in the Graham Crowe Ranch with Attorney Mark Fitzgerald. Voting Aye: Paxton, Frahm, Treptow, Keyes, Neiman, Breiner and Tielke. Voting Nay: None. Motion carried.

The Board members, County Attorney and County Clerk were present in the closed session for the telephone conference with Mark Fitzgerald with Fitzgerald, Vetter, Temple, Bartell & Henderson.

Motion by Frahm, 2nd by Keyes, to adjourn from Executive Session at 1:51 P.M. and reconvene in open session. Voting Aye: Frahm, Treptow, Keyes, Neiman, Breiner, Paxton and Tielke. Voting Nay: None. Motion carried.

Chairman Tielke stated the only item discussed in closed session was the litigation status and no action resulted.

Chairman Tielke adjourned the meeting at 1:58 P.M. until February 28, 2023, at 9:45 A.M.

William J. Tielke, Chairman

Cathy Pavel, Clerk

Published March 2, 2023               9

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