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HomeMy WebLinkAbout0503 Minutes for May 3, 2022 Adams County Board of Commissioners Meeting Minutes Tuesday,May 3,2022 Courthouse,Adams County A regular meeting of the Adams County Board of Commissioners was held with Chairman Lee Hogan presiding. Motion by Curtis,seconded by Stromer that this is an open public meeting of the Adams County Board of Commissioners. Roll Call,Ayes:Stromer, Larsen, Hogan,Johnson, Curtis, Neumann, Patterson Nays: None Absent: None Chairman Hogan inquired if there were any conflicts of interest. No conflicts were disclosed. Roll was taken, roll call members present, Michael Stromer-District 1, Glen Larsen—District 2, Lee Hogan- District 3, Harold Johnson—District 4, Dale Curtis- District 5, Chuck Neumann—District 6,Joe Patterson- District 7 Chairman Hogan stated minutes from the April 19, 2022 meeting have been circulated to board members and requested a motion to approve the minutes if there are no corrections. Motion by Johnson, seconded by Patterson to approve the April 19, 2022 Board of Commissioner minutes. Roll Call,Ayes:Stromer, Larsen, Hogan,Johnson, Curtis, Neumann, Paterson Nays: None Absent: None Public notice of this meeting has been given by publication in the Hastings Tribune and by posting.The agenda was available to the board members and was kept continuously current and posted in the County Clerk's office,the main courthouse lobby and the Adams County website.The following is the agenda of items to be heard, no modifications were made to the agenda after 9:30 a.m.the business day prior to this meeting. Agenda for Meeting of Adams County Board of Commissioners County Board Room,Courthouse,2ud Floor a Date of Meeting.May 3.2022 at 9:30 A.M. Chairman to request a motion that this is an open public meeting of the Adam s County Board of Commissioners Announce location of Agenda C Open Meetings Law postings Reminder to turn off all cell phones Pledge of Allegiance Conflicts of Interest Roll call: Approve minutes: Committee reports Receive Conunents from the Public: Ron Kucera—present for possible approval:a list of fiuidi ng requests and projects to be paid for using ABPA fiudmng Dawn Miller-Review&approve Chairman's signamnre on Hall Bros.Proposal for Onyx seal coat on Holstein Ave(Showboat section @$121,493.65 was signed on April 5,2022) Judy Miguery—Present for possible approval: Case#22-05.1 Post 2°d Subdivision in the NW tt.Section 35-T6N-R9W Case#22-05.2 Spearheart 2o°Subdivision a tract in the SW Section 12-T7N-R12W concturent with the vacation of Spearheart Subdivision. 10:30 am—Open interview for the Adams County Public Defender vacancy Possible appointment of an Adams County Public Defender Jo Springer with encourage Advocacy Center—Program update and budget assistance request Closed Session—For the protection of the public interest:real estate negotiations For the protection of the public interest:possible litigation To prevent needless lianm to the reputation of aran individual(s)—Personnel practices and retention Possible action on closed session items Miscellaneous Business Claims Miscellaneous Receipts_ Officer Reports Acknowlege receipt of HRA fiuidnin amounts Tau Mos u,sat m motto;am10 30ANoaa Way Parte/m BaadmMai/ Nate..Caam,stay.pm luau pay be=madareasr,ma*aOadIsa6amaim Omar at O.Bawd*SC ensosa sa, 4m w0aa0 441 21 X52 M2-1e w. 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Pa,d.M la.a to.Y+W(N)Ina albaan some te aBsa m to.make/654 auomad,mm io Bawd imam.lb.npa top see arum mum Cma Maas a tlaatyonmay tr lb.psnc attt.paha mumu at foe 6mpaoo.atotAar way a m.',mom Nmalbnm.L 596IPage Board members attended the following committee meetings and community events since the April 19, 2022 meeting and provided a brief report: Johnson— April 19,2022—Attended an Adams County Visitor's Bureau meeting April 22,2022—Attended a reception at the Public Defender's office for Shon Lieske and Dawn Theer April 28,2022—Attended an Adams County Visitor's Bureau meeting April 29,2022—Attended an Adams County Personnel meeting May 2&3,2022—Attended an Adams County Building and Grounds Committee meeting Stromer- April 21,2022—Attended a Building and Grounds Committee meeting April 26,2022—Attended a Zoom meeting with Lutz Accounting regarding ARPA funds April 28,2022—Attended a Community Action Partnership meeting in Kearney May 2,2022—Attended an Adams County Planning and Zoning meeting May 3,2022—Attended an Adams County Building and Grounds Committee meeting Patterson- April 29,2022—Attended an Adams County Personnel meeting Larsen- April 18,2022—Attended an Emergency Management meeting April 29,2022—Attended an Adams County Personnel meeting May 2,2022—Attended an Adams County Roads and Bridges meeting Curtis- April 20,2022-Attended a CASA Board meeting April 20,2022—Attended an Adams County Senior Services meeting April 21,2022—Attended an Adams County Building and Grounds meeting April 21,2022—Did an NTV interview regarding the future Adams County Jail April 22,2022—Attended Adams County Drug Court April 28,2022—Attended Adams County Drug Court Neumann- April 22,2022—Attended a reception at the Public Defender's office for Shon Lieske and Dawn Theer April 28,2022—Attended a Hastings Community Foundation event May 2,2022—Attended an Adams County Roads and Bridges meeting Hogan- April 21,2022—Participated in a Region 3 conference call May 2,2022—Attended an Adams County Roads and Bridges meeting Conducted several road inspections throughout the county Chairman Hogan opened the meeting to receive comments from the public. DeVita Brader and Evelyn Smith, both of Rural Adams County near Glenvil, requested the board consider funding of a veteran memorial at the Blue Valley Cemetery. Brady Rhodes of the local United Way office addressed the board regarding Give Hastings Day on May 5, 2022. No additional public comments were made and public comment was closed. Adams County ARPA Committee member, Ron Kucera, presented the board with items reviewed by the ARPA Committee for purchase approval.All proposed projects would be paid for through ARPA funding. 597 ' Page ADAMS COUNTY COVID AMERICAN RESCUE PLAN PROJECTS-MAY 3RD,2022 BOARD MEETING FUND 2580 $15,180.00 IT Dept-MFA Network Cyber Security Software/Tokens (3 years)Approve Claim? $43,163.60 Buildings&Grounds Maintenance Truck/ Kenesaw Motors Quote $65,295.61 Buildings&Grounds Tractor-Loader/Snow Removal/Mowers Landmark Quote $35,000.00 GIS Aerials(3 Years)Quote $15,000.00 Salvation Army Mobile Canteen Unit Maintenance/Emergency Supplies ARPA Grant $250,000.00 YMCA Public Track(Building Project)requested$300,000.00,recommend approving $250,000.00 ARPA Grant $250,000.00 CASA request New Building Purchase ARPA Grant -$673,639.21 Total Recommended Projects Extensive discussion occurred regarding the proposed purchase of a tractor for the building and grounds department,as well as funding for the Salvation Army,YMCA and CASA. Motion by Stromer,seconded by Neumann to approve the purchase of the MFA Network Cyber Security Software and tokens totaling$15,180.00 through Flatwater Technologies. Roll Call,Ayes:Stromer, Larsen, Hogan,Johnson, Curtis, Neumann, Patterson Nays: None Absent: None Stromer stated that two informal quotes were obtained for the purchase of a four wheel drive pick up for the maintenance department. Motion by Stromer,seconded by Patterson to approve the purchase of a 2022 Ford pick up through Kenesaw Motors totaling$43,163.60. Roll Call,Ayes:Stromer, Larsen, Hogan,Johnson, Curtis, Neumann, Patterson Nays: None Absent: None Motion by Neumann, seconded by Johnson to approve the purchase of a John Deer tractor with mowing and snow removal attachments from LandMark Implement totaling$65,295.61. Roll Call,Ayes: Larsen, Hogan,Johnson, Curtis, Neumann, Patterson Nays: None Abstaining:Stromer Motion by Stromer,seconded by Patterson to approve the purchase of GIS Pictometry software and services though Pictometry International Corp.totaling$35,000.00 for three years. Roll Call,Ayes: Stromer, Larsen, Hogan,Johnson, Curtis, Neumann, Patterson Nays: None Absent: None Motion by Stromer,seconded by Curtis to approve awarding$15,000.00 to the Salvation Army for a mobile canteen unit and emergency supplies. Roll Call,Ayes:Stromer, Larsen, Hogan,Johnson, Curtis, Neumann, Patterson Nays: None Absent: None Motion by Patterson,seconded by Neumann to table funding to the YMCA pending an agreement outlining who can utilize the facility and duration of time it will be effective. Roll Call,Ayes:Stromer, Larsen, Hogan,Johnson, Curtis, Neumann, Patterson Nays: None Absent: None Motion by Curtis to approve the funding request of$250,000.00 to CASA. Motion Patterson, seconded by Neumann to table funding to CASA pending a more formal proposal. Curtis withdrew his motion to approve funding. A vote was taken on Paterson/Neumann's motion to table funding to CASA pending a more formal proposal.Roll Call,Ayes:Stromer, Larsen, Hogan,Johnson, Neumann, Patterson Nays: None Abstaining: Curtis 598 IPage Adams County Highway Superintendent, Dawn Miller, presented the board with the contract with Hall Bros.which was awarded during the April 5, 2022 meeting. Miller has reviewed the contact and is requesting approval of the chairman's signature. Motion by Patterson,seconded by Johnson to approve the chairman signing the contract with Hall Bros. as presented by Miller. Roll Call,Ayes:Stromer, Larsen, Hogan,Johnson, Curtis, Neumann, Patterson Nays: None Absent: None EHALL BROTHERS, INC. Pruposul .1prel 7.2622 1'n -idawsCnlut 5'..\' ('/ui.i Mash, Surliere Seal- 'h'i'St.E,Shut bora Blvd.S.Holstein.is Description QTY Unit Price Amount Onyx(26th St.E.,Showboat Blvd 26th St.E.to Assumption Rd) 78,892 SY $ 1.54 $ 121,493.68 Onyx SCRUB(S.Holstein Ave.SCE of Village to end of Pavement) 66,880 SY $ 1.54 $ 102,995.20 Total S 224,488.88 Qua/times are apprnrcnmte Prrynee t/to be?nude nn quuntitit-s ucnurllr eunsrnerted. Priers Itrelude all tuba,,materials.awl insurance required to eunsuurt the items of murk. Exchcsiuns: Noillications l(r.l Patching (.'rack Seuhul; I'ti emen rllurkhet; Baud l grllrup;eat.rpc cili.iril v 1:stcd u'uler des c rrptiou ii e rrpinrrtnls Ole oppnrruuuc If,(WOW 1 041 on tus to/antt look fur twee!6, 5 oriiltg„itle.i o11. Hall Brothers,Iter. accepter, Ruh Routlyhush,P.6. rice President-Operations,('e'll:785-562474.5 Nur n = 6 AY u.w.r. 1196 E.Pony Express Hwy. P.O.Box 166 Marysville.KS 66508 Tel 785.562.2386 Fax 785.562.5543 Adams County Deputy Attorney, David Bergin, prepared the board for the open interviews for the Adams County Public Defender vacancy by reading the following into the record: STATEMENT TO PUBLIC DEFENDER APPLICANTS The Office of Public Defender in Adams County is an elected position. Upon a vacancy in the office, the Adams County Board of Commissioners shall appoint a Public Defender to complete the remainder of the term. The Public Defender is required to be an attorney licensed to practice law in the State of Nebraska and in good standing. Pursuant to Neb. Rev. Stat § 23- 3401 (5), the Public Defender is not required to be a resident of Adams County. 599 ' Page The salary of the Public Defender was set prior to the 2020 election. Pursuant to Article III, Section 19 of the Nebraska State Constitution,the salary cannot be increased or decreased during the term of office. Therefore,the salary cannot be renegotiated at this time. Currently,the position of Adams County Public Defender is an exempt part time position and the person holding the office may engage in the private practice of law. Of course, it is not required that the person holding the office engage in the private practice of law but the person may do so if they so desire. If the person holding the office does decide to engage in the private practice of law,this must be done in an entirely different office and the employees and resources of the Public Defender's Office shall not be used to assist in the person holding the office in engaging in the private practice of law. The employees of the Public Defender's Office are full- time employees of Adams County. If any resources of the Office of the Public Defender are used,Adams County must be reimbursed for the cost of such resources. It is currently intended that the position of Public Defender shall be made a full-time position subsequent to the 2024 election. The new term, and the full-time salary,would take effect on the first Tuesday in January,2025. However,there is no guarantee that the change to a full-time position will take place. The current salary for the Public Defender is as follows: For the remainder of the year 2022,the pre-tax salary would be$6067.69 per month • based upon the stated annual salary. For the year 2023, the annual pre-tax salary would be$74,486.94. For the year 2024,the annual pre-tax salary would be$76,200.14. The person holding the office will receive benefits commensurate with the part-time nature of the position. Christina Thorton interviewed with the Board.Thorton submitted the following resume: CHRISTINA THORNTON Attorney at Law 731 Crane Avenue Hastings,Nebraska 68901 (402)249-6000 clthornton,r inbox.com April 8,2022 Adams County Board of Commissioners 500 West 4fh Street Hastings,Nebraska 68901 Via electronic transmission to ramonathomas®adamscountvne.gov Re: Application for Employment Dear Messrs.: Please consider me for the appointment of the Adams County Public Defender.I have been an assistant public defender for 15 months.My caseload mainly consists of misdemeanor and Class IV and Class IIIA felonies.I also handle Juvenile Court cases representing parents in 43-247 3(a)and juveniles in 43-247(1)proceedings.I also represent potential parents in child support proceedings.I have had one jury trial as second chair in which the defense received an acquittal and I prevailed in my first Motion to Suppress in District Court. I have an amiable working relationship with my colleagues in the county attorney's office,securing good plea bargains on behalf of my clients,which,in turn,saves the county the unnecessary time and expense of jury trials.That being said,I am also able to mount effective defenses at trial if directed by my clients and as warranted by the facts.I enjoy worsting in the courtroom and have developed strong advocacy skills during my legal career.I respect the office of the public defender and view it as a necessary service to our indigent clients who,otherwise,would not be able to pay for their legal representation. In addition to working well with the prosecutors,I also enjoy collaborating with social workers from the Nebraska Department of I-iealth and Human Services and co- counsel.I like to think that we work together as a team in facilitating family reunification in the 43-247(3a)filings. 600IPage It has been a joy appearing in front of the judiciary in Adams County.All of the jurists treat each parent,juvenile,defendant and/or attorney with the utmost courtesy and respect.I have witnessed the judges demonstrate patience and professionalism in the most trying of circumstances.I have learned a lot in their presence.It is evident that Adams County judges value and respect the judicial process and the essential part they play in the administration of justice. I do not have a side practice and,as such,I am able to devote my full-tune energies and attention towards my duties as the Public Defender. Having run my own law office for 18 years.I possess the requisite skill set necessary for an effective and smoothly run practice. I have enclosed my resume'detailing my experience and accomplishments for your review. I appreciate your consideration.I hope that we may meet in person in order to discuss what a great honor it would be for me to serve out the remaining term as the Adams County Public Defender. Respectfully Submitted, /s/Clihtmna 7liornton Christina Thornton,Esq. Encl. Christina Thornton Attorney at Law 731 Crane Avenue Hastings,Nebraska 68901 (402)249-6000 clthorntont inbox.com MEMBERSHIPS Nebraska State Bar Association,Admitted September 1993 EDUCATIONAL BACKGROUND University of Nebraska College of Law J.D.,December 1992 University of Notre Dame Law School London,England.Summer 1991 Course Study in International and Comparative Law University of Nebraska at Omaha B.S.,Political Science,August 1989 B.S.,Secondary Education,May 1989 Graduated Cum Laude HONORS AND ACTIVITIES Nebraska Supreme Court Access to Justice Commission,Certificate of Commendation,2019 Foster Care Review Board,Letter of Commendation,March 2000 Client Counseling Competition:Finalist,1992 Robert Van Pelt American Inn of Court:Member,1991-1992 Dean's List:Six semesters at the University of Nebraska at Omaha,1984-1989 Mock Trial Team:University of Nebraska at Omaha,1988-1989 UNO Pre-Law Society:Treasurer,1988-1989 UNO Student Court Justice:1988-1989 Pi Gamma Mu International Honor Society in Social Science: Member,1985 Awarded Scholarship Certificate,April 1988 Vice President for Programs,1988-1989 Awarded Scholarship and Service Medal,April 1989 EXPERIENCE Adams County Public Defender,Hastings,January 2021 through present. Assistant Public Defender.Represent indigent clients in criminal,juvenile,board of mental health and child support matters. Monzon,Guerra and Associates,Lincoln.August 2020 through December 2020. Staff Attorney and Assistant to Carlos Monzon.Assisted Partners and Staff Attorneys in criminal defense and family law matters,including court appearances,preparing and filing pleadings and client consultations. Private Practice,Omaha.June 2020 through December 2020. Solo practitioner.Areas of focus primarily included family law and criminal defense. Women's Center for Advancement,Omaha.February 2020 through June 2020. Project Attorney.Developed grant funded position assisting victims of crime in obtaining protection 1 601 IPage orders and wrap-around legal services. Nebraska State Bar Association,Omaha.September 2018 through December 2019. Independent Contractor,Attorney Facilitator of Douglas County Self Help Center.Assisted pro se litigants with legal advice,referrals and available forms. Engles,Ketcham,Olson&Keith,LLC,Omaha. October 2017 through February 2020. Paralegal. Prepared pleadings,answered discovery,summarized medical records,depositions and bills.Assisted law partner with pretrial litigation of defense of liability claims. Vandenbosch&Reed,LLC,Omaha,April 2017 through August 2017. Independent Contractor.Expanded firm's personal injury clientele and processed clients'personal injury claims. The Law Office of Thomas T.Inkelaar,LLC,April 2015 through March 2017.Senior Staff Attorney. Handled approximately 100 pre-litigation bodily injury claims at any given time. Litigated heavy case load including personal injury and criminal matters. Supervised and evaluated staff. Private Practice,Omaha,April 1997 to April2015. Solo Practitioner.Areas of focus primarily included family law,juvenile law and criminal defense.Incurred extensive bench trial experience, • Omaha Community Partnership,Omaha,April 1997 to December 1997. Truancy Consultant Researched and developed comprehensive five-year plan addressing truancy in Douglas and Sarpy Counties. Legal Aid Society,Omaha.October 1993 to April 1997 Staff Attorney, Litigated heavy caseload including divorce, child custody,paternity, landlord-tenant, social security disability,juvenile,replevin,and other miscellaneous civil actions.Conducted extensive discovery.Handled case from initial client interview to final litigation or settlement. Initiated and argued successful appeals before the Nebraska Supreme Court and Court of Appeals. UNL College of Law Criminal Clinic,Lincoln.September 1992 to August 1993. Legal and Research Assistant for Professor,Deputy County Attorney in charge of Criminal Clinic,Lancaster County Attorney's Office. UNL College of Law Civil Clinic,Lincoln,June 1992 to August of 1992. Represented indigent clients in domestic,mental health,contempt,and collection matters. UNL College of Law,Lincoln,May 1990 to April 1991. Research Assistant for Former Dean Harvey S.Perlman.Analyzed and Synthesized trademark case law for Restatement(Third)of Unfair Competition. Christina Thornton REFERENCES Ms.Laurel Heer Dale Director of Legal Services Nebraska State Bar Association 635 S.14th Street Suite 200 Lincoln,Nebraska 68508 (531)220.6773 Iheerdale®nevlp.org Ms.Jill K.Harker Attorney at Law 9711 Nottingham Drive Omaha,Nebraska 68114 (402)321-2150 jkharker(a,hotm ail.com The Honorable Vernon Daniels Juvenile Court Judge 600 Hall of Justice 1701 Famam Street Omaha,Nebraska 68183 (402)444-3305 Trinette.houston(c idouglascounty-ne.gov The Honorable Elizabeth 0.Crnkovich Juvenile Court Judge,retired 7914 West Dodge Road#432 Omaha,Nebraska 68114 (402)740-3617 lelspet@me.com Ms.Antonio Bonsera Division of Children and Family Services Program Specialist Nebraska Department of Health and Human Services 301 Centennial Mall South Lincoln,Nebraska 68509 (402)219-2515 Antonia.Bonsera n,nebraska.aov 602 ' Page Keith Smith of Truell, Murray&Associates interview with the board and submitted the following resume for consideration: MURRAY ASSOCIATES T RISEL iyj ' 220 Oxnard Ave Telephone(308)384-0200 James H.TrueII Grand Island,NE 688001 Facsimile(308)304-0206 Glen A.Murray Jan Reeves Keith Smith April 7",2022 Adams County Clerk Attn:Personnel Committee 500 W 4rth St STE 109 Hastings,NE 68901 My name is Keith Smith and I have been practicing law In Grand Island and the surrounding area for the last four and a half years. My practice primarily consists of family law,Juvenile law,criminal law, probate,civil practice,and any and all other work that I feel up to the challenge of learning. I have been working on learning social security disability law for the past year,and Just recently won my first social security case. I will be 8 years sober in August of 2022,and I lead with that as It is a big part of my life. My sobriety and past experience govern my daily Interactions with my clients. I can relate to a lot of these people who are going through substance abuse issues. We may not always agree,but they always know that I understand them. In my practice I have handled numerous criminal cases,both appointed and private. It is sad how often a client has a substance abuse issue. Telling them that I have been there is a way that I can connect with them,effect change,and to be a positive role model in my practice. I have a strong private practice,but am far less busy than most attorneys. We primarily represent low income people. As such,I often have days at a time whereas I am caught up or ahead of my work. I often have more available time than work to complete, I would have plenty of time to reduce my private practice and devote that time to Adams County. I would greatly appreciate any consideration I would receive in regards to this position and look forward to hearing back from you. Keith Smith,Esq.#26102 KEITH SMITH, ESQ. #26102 1122 E 9'"st.Grand Island,NE 68801 I(glth_Smlt1 3 LLQ 308-850-7219 EXPERIENCE OCTOBER 2017-PRESENT ASSOCIATE ATTORNEY,TRUELL MURRAY,&ASSOCIATES Private practitioner:Civil and criminal matters.Private work and appointments.Juvenile and probate work.Completely self-reliant,makes all own decisions.Does all research and paperwork.Hard working,self-disciplined,extremely reliable. MAY 2016.00TOBER 2017 MEDICAL INFORMATION RETRIEVAL TEAM,MUTUAL OF OMAHA Use customer service skills to manage 150 plus cases daily.High focus on production,customer service,speed,and accuracy.Making sure HIPAA authorizations are complete and compliant. High attention to detail,and self-motivated. EDUCATION 2010.2012 J.D.WITH SPECIALTY IN LITIGATION,THOMAS M.COOLEY LAW SCHOOL 2004-2008 B.S.IN CRIMINAL JUSTICE,MINOR IN SOCIOLOGY,UNIVERSITY OF SOUTH DAKOTA 2000-2004 HIGH SCHOOL DIPLOMA,OMAHA CREIGHTON PREP SKILLS • Self-starter,hard worker,passionate,loyal • Self sufficient • Experienced enough to start with minimal • Mentally tough training • reliable 603 ' Page ACTIVITIES Volunteers every Saturday night at the local cat shelter,Voice for Companion Animals. Plays YMCA basketball,•and is part of the Grand Island Modelers Club, Memberof the Board for the Central Nebraska Community Action Partnership,as well as the Membership Committee of the YMCA. REFETU LACES Hon.Andrew C. Butler District Court Judge 111 W 1St St#4 • Grand Island,NE 68801 308-440-8994 Martin Klein, Hall County Attorney's Office 231 S Locust St. Grand Island, NE 68801 402-770-1672 James Truell Truell,Murray, &Associates 220 Oxnard Ave. Grand Island, NE 68801 308-380-1001 Motion by Patterson,seconded by Neumann to approve the appointment of Christina Thorton as the Adams County Public Defender for the remainder to the term vacated by Shon Lieske. Roll Call,Ayes: Stromer, Larsen,Johnson, Curtis, Neumann, Patterson Nays: Hogan Absent: None Adams County Planning and Zoning Director,Judy Mignery, presented the board with Planning and Zoning Case 22-05.1, plans for the Post 2nd Subdivision and read the following into the record: ADAMS COUNTY PLANNING AND ZONING DEPARTMENT Judy Mignery,Zoning Director 500 N.Denver Ave.,Hastings,NE 68901 Phone: 402-461-7174 Fax: 402-461-7177 Office Hours: Monday—Thursday,8:00—12:00 and 1:00—4:00 DATE: May 2,2022 TO: Adams County Planning Commission&Board of Commissioners FROM: Zoning Staff—Judy Mignery,Director RE: Case#22-05.1—Post 2"d Subdivision a tract in the NW 1A Section 35- T6N-R9W Applicant: Karen Post and Sandra Hinrichs, Location:NW'%Section 35-T6N-R9W Zoned Use:AG Zoning Administrator's Comments: The applicant would like to subdivide a tract in the NW '/Section 35-T6N-R9W that would contain 2.16 acres. The tract contains a House,Garage, sheds,well and septic system. The tract does not fall within the floodplain. All requirements of the existing County and Village Subdivision Regulations and the Zoning Regulations have been met. The Adams County Planning and Zoning Committee approve plans for the Post 2"d Subdivision, Mignery is now presenting it for County Board approval. Motion by Neumann, seconded by Stromer to approve plans for the Post 2"d Subdivision. Roll Call,Ayes: Stromer, Larsen, Hogan,Johnson, Curtis, Neumann, Patterson Nays: None Absent: None 604IPage Mignery presented Planning and Zoning Case 22-05.2, plans for the Spearheart 2nd Subdivision, concurrent with Resolution 2022-05-03.01 to vacate the Spearheart Subdivision. ADAMS COUNTY PLANNING AND ZONING DEPARTMENT Judy Mignery,Zoning Director 500 N.Denver Ave.,Hastings,NE 68901 Phone: 402-461-7174 Fax: 402-461-7177 Office Hours: Monday—Thursday,8:00—12:00 and 1:00—4:00 DATE: May 2,2022 TO: Adams County Planning Commission&Board of Commissioners FROM: Zoning Staff—Judy Mignery,Director RE: Case#22-05.2—Spearheart 2"d Subdivision a tract in the SW'A Section 12- T7N-R12W concurrent with the vacation of Spearheart Subdivision. Applicant: Dave Garett, 15810 W DLD Rd,Kenesaw,NE Location:SW 1/4 Section 12-T7N-R12W Zoned Use:Ag Zoning Administrator's Comments: The applicant would like to replat Spearheart Subdivision,a subdivision in the SW'/Section 12-T7N-R12W and make it a larger tract. Spearheart Subdivision was platted in 2001 containing 5.16 acres. The proposed plat would contain 7.06 acres, The proposed subdivision contains an existing house,agriculture building, sheds,well and septic system. The applicant would like to vacate Spearheart Subdivision concurrently with the approval of the Spearheart 2"d Subdivision. The Plat does not fall within the floodplain. All requirements of the existing County and Village Subdivision Regulations and the Zoning Regulations have been met. RESOLUTION No. 44V_ 43,a/ VACATE"SPEARHEART SUBDIVISION" A Resolution of the Adams County Board of Commissioners,Adams County,Nebraska,vacating the subdivision"Spearheart Subdivision"and providing for the filing of the same with the Register of Deeds; providing an effective date of this Resolution;and repealing any Resolution or other provisions in conflict herewith. It is hereby resolved that the Chairman and members of the Adams County Board of Commissioners of Adams County,Nebraska: Sectionl. That"SPEARHEART SUBDIVISION"described as: A tract of land in the Southeast corner of the Southwest Quarter(SW Ya)of Section 12,Township 7 North, Range 12 West of the 6th P.M.,Adams County,Nebraska,and more particularly described as follows: Beginning at the Southeast Corner of the Southwest Quarter(SW''/a)of Section 12,Township 7 North, Range 12 West of the 6th P.M.,Adams County,Nebraska;Thence N90°00'00"W(assumed bearing)along the South line of said Southwest Quarter(SW'/)a distance of 400.00 feet;Thence N00°08'12"E along a line parallel with the East line of said Southwest Quarter(SW'1)a distance of 561.92 feet;Thence N90°00'00"E along a line parallel with the South line of the said Southwest Quarter(SW'/.)a distance of 400.00 feet to a point on the East line of said Southwest Quarter(SW'/s);Thence S00°08'12"W along the East line of said Southwest Quarter(SW 1)a distance of 561.92 feet to the Point of Beginning,is hereby VACATED. This also vacates a 150'x 150'Farm Use Easement in the Northwest corner of said subdivision. Section 2. Concurrent with this vacation is the creation of Spearheart Subdivision,hereinafter to be known as Spearheart 2nd Subdivision. Section 3. The County Clerk is hereby directed to certify this Resolution to the Register of Deeds of Adams County,Nebraska,to be recorded,all as provided by law. • Section 4. Any Resolutions passed and approved prior to the passage and approval of this Resolution,and in conflict with its provisions,is hereby repealed. Section 5. This Resolution shall take effect and be in full force from and after its passage and approval as required by law,said effective date being SPEARHEART SUBDIVISION—VACATION CONCURRENT WITH CREATION OF SPEARHEART SUBDIVISION NUMBER 2 HEREINAI ThR KNOWN AS SPEARHEART 2ND SUBDIVISION Motion by:Oil(Ate. J)ei t.yfCtYip? Second by: /1 i CJIGI e t � -- Vote: Aye 7 Nay �/j� Passed and approved this,4 day of V' ey ,2022. A 111b4lOr Adams 9unty Board of Commissioners , ounty Clerk • R and Chairman 605jPage The Adams County Planning and Zoning Commission approve the plans for the vacating of the Spearheart Subdivision and the creation of the Spearheart 2nd Subdivision, Mignery is now presenting it for County Board approval. Roll Call,Ayes:Stromer, Larsen, Hogan,Johnson, Curtis, Neumann, Patterson Nays: None Absent: None Jo Springer with encourage, presented the board with a budget funding request of$18,000.00 for the 2022/2023 fiscal year. No action was taken on Springer's request as all budget requests will be considered during later budget workshops. Motion by Johnson,seconded by Patterson to enter closed session for the following: • To prevent needless harm to the reputation(s)of an/a individual(s)to discuss personnel practices • For the protection of the public interest to discuss real estate negotiations and possible litigation Roll Call,Ayes:Stromer, Larsen, Hogan,Johnson,Curtis, Neumann, Patterson Nays: None Absent: None Board entered closed session at 11:35 am. Commissioner Patterson left closed session at 12:10 pm and was absent for the remainder of the meeting Motion by Johnson,seconded by Stromer to exit closed session and resume regular session. Roll Call, Ayes:Stromer, Larsen, Hogan,Johnson,Curtis, Neumann Nays: None Absent: Patterson Regular session resumed at 12:14 pm Motion by Stromer, seconded by Johnson to approve the claims and direct the county clerk to pay them out of their respective accounts. Roll Call,Ayes:Stromer, Larsen, Hogan,Johnson, Curtis, Neumann, Patterson Nays: None Absent: None Meeting adjourned by unanimous consent. COUNTY GENERAL ADAMS COUNTY TREASURER,HEALTH REIMBURESMENT ACCO 195.00 ADAMS COUNTY TREASURER,HEALTH REIMBURESMENT ACCO 458.25 ADAMS COUNTY TREASURER,HEALTH REIMBURESMENT ACCO 1, 005.23 ADAMS COUNTY TREASURER,HEALTH REIMBURESMENT ACCO 546. 98 ADAMS COUNTY TREASURER,HEALTH REIMBURESMENT ACCO 762.46 ADAMS COUNTY TREASURER,HEALTH REIMBURESMENT ACCO 283.73 ADAMS COUNTY TREASURER,HEALTH REIMBURESMENT ACCO 703. 96 ADAMS COUNTY TREASURER,HEALTH REIMBURESMENT ACCO 97.50 ADAMS COUNTY TREASURER,HEALTH REIMBURESMENT ACCO 967.21 ADAMS COUNTY TREASURER,HEALTH REIMBURESMENT ACCO 429.00 ADAMS COUNTY TREASURER,HEALTH REIMBURESMENT ACCO 429.00 ADAMS COUNTY TREASURER,HEALTH REIMBURESMENT ACCO 1, 983. 17 ADAMS COUNTY TREASURER,HEALTH REIMBURESMENT ACCO 1, 365. 98 ADAMS COUNTY TREASURER,VICTIMS ASSISTANCE PROGRA 263.25 ADAMS COUNTY TREASURER,HEALTH REIMBURESMENT ACCO 2, 071. 90 ADAMS COUNTY TREASURER,HEALTH REIMBURESMENT ACCO 186.23 ADAMS COUNTY TREASURER,HEALTH REIMBURESMENT ACCO 97.50 ADAMS COUNTY TREASURER,HEALTH REIMBURESMENT ACCO 165.75 ADAMS COUNTY TREASURER,HEALTH REIMBURESMENT ACCO 283.73 FAKES OFFICE SOLUTIONS, SUPPLIES - OFFICE 350. 65 HOMETOWN LEASING,EQUIPMENT RENTAL - OFFICE 357 . 92 HOMETOWN LEASING,COPY MACH RENT 199.00 NACO, DUES, SUBS,REGIST,TRAINING 25.00 JACKIE RUSSELL,TRAVEL EXPENSES 115. 64 JACKIE RUSSELL,MISCELLANEOUS 19. 91 ELECT SYSTEMS & SOFTWARE LLC, DATA PROCESSING 8,294.44 ELECT SYSTEMS & SOFTWARE LLC, FORMS PRINTING 8, 511.50 ROTECK.COM,SUPPLIES - VOTING 233.95 COMPUTER CONSULTANTS INC,COMPUTER EXPENSE - GENERA 950.00 COMPUTER CONSULTANTS INC,CAPITOL OUTLAY SOFTWARE 4, 560.00 606IPage CEI SECURITY & SOUND INC,OFFICE EQUIPMENT 167 .00 ABETECH, SUPPLIES - OFFICE 162.54 EAKES OFFICE SOLUTIONS, SUPPLIES - OFFICE 532. 61 HOMETOWN LEASING,EQUIPMENT RENTAL - OFFICE 522.72 PROFORMA BUSINESS WORLD,SUPPLIES - OFFICE 184. 94 BEAR GRAPHICS INC, SUPPLIES - OFFICE 190.58 EAKES OFFICE SOLUTIONS, SUPPLIES - OFFICE 7.72 HOMETOWN LEASING,EQUIPMENT RENTAL - OFFICE 898.13 NEBRASKA DIST COURT CLKS ASSOC, DUES,SUBS,REGIST,TRAINING 75.00 FYE LAW OFFICE,ATTRNY FEES-COURT APPOINT 5,264.10 LONNIE P ACKERMAN,MISCELLANEOUS LABOR 275.00 CITY OF HASTINGS,HAZ. MAT 12.71 EAKES OFFICE SOLUTIONS, JANITORIAL SUPPLIES 55.08 GRACES LOCKSMITH SERVICES,BLDG REPAIR-COURTHOUSE 10.00 MENARDS,BUIDING & GROUNDS SUPPLIE 198.81 MENARDS, SUPPLIES - SHOP 99. 99 MENARDS, JANITORIAL SUPPLIES 15.54 MENARDS, SUPPLIES - SHOP 399. 99 MENARDS, JANITORIAL SUPPLIES 55.33 MENARDS, SUPPLIES - SHOP 22. 97 NE STATE FIRE MARSHAL,OTHER EQUIPMENT REPAIR 370.00 SHERWIN WILLIAMS,BLDG REPAIR-COURTHOUSE 55.92 TRENT MEYER CONSTRUCTION LLC,COURTHOUSE BUILDING 10, 500.00 WOODWARDS DISPOSAL SERVICE,GARBAGE 520.55 CONSOLIDATED MANAGEMENT CO,MILEAGE ALLOWANCE 221.55 EAKES OFFICE SOLUTIONS, SUPPLIES - OFFICE 38.83 EAKES OFFICE SOLUTIONS,EQUIPMENT RENTAL - OFFICE 45.70 FAMILY ADVOCACY NETWORK, DUES, SUBS,REGIST,TRAINING 1, 000.00 HASTINGS FORD-LINCOLN,EQUIPMENT - FUEL 181. 67 WILLIAMS EXTERMINATING CO,MISCELLANEOUS 18.00 ADAMS COUNTY ATTORNEY,COURT RELATED COSTS 10.00 ADAMS COUNTY ATTORNEY,COURT RELATED COSTS 2.00 EAKES OFFICE SOLUTIONS,SUPPLIES - OFFICE 232.98 FAMILY ADVOCACY NETWORK,ABUSE PROGRAM 2, 000.00 HALL COUNTY SHERIFF, JUVENILE COURT COSTS 63.84 HOMETOWN LEASING,EQUIPMENT RENTAL - OFFICE 627.43 LANCASTER COUNTY SHERIFF,COURT RELATED COSTS 18. 62 KRISTIN M LYNCH,AUTOPSY COSTS 375.00 THAYER COUNTY SHERIFF,COURT RELATED COSTS 60.28 ALLO COMMUNICATIONS, INTERNET SERVICE 415.00 CHARTER COMMUNICATIONS, INTERNET SERVICE 399.00 DAS STATE ACCOUNTING,EQUIPMENT RENTAL - OFFICE 704 .00 VERIZON WIRELESS,CELL PHONES 161. 91 WINDSTREAM,TELEPHONE SERVICES 1, 441.77 WINDSTREAM,TELEPHONE SERVICES 150.00 WINDSTREAM,TELEPHONE SERVICES 280.39 ADAMS COUNTY JAIL/SHERIFF,BOARD OF PRISONERS - FOOD 1, 842.31 ADAMS COUNTY SHERIFF REVOLVING,TRAVEL EXPENSES 184 .40 ADAMS COUNTY SHERIFF REVOLVING, JAIL SUPPLIES 433.89 BERTS PHARMACY,MED-HOSP PRISONERS 139.21 CASH WA DISTRIBUTING,BOARD OF PRISONERS - FOOD 1, 619.32 EAKES OFFICE SOLUTIONS, PRINTING/PUBLISHING 26.36 ENCARTELE INC,COMMISSARY-PHONE CARDS 600.00 FRYE FRAZEY & ASSOCIATES LLC,BOARD OF PRISONERS - FOOD 3,200.00 HAMILTON COUNTY SHERIFF DEPT,BOARD OF PRISONERS - FOOD 6, 050.00 HASTINGS RADIOLOGY ASSOC PC,MED-HOSP PRISONERS 187 .21 JIM'S U-SAVE PHARMACY,MED-HOSP PRISONERS 83.31 KEEFE SUPPLY COMPANY,COMMISSARY 621.36 KEITH'S DRIVE IN DRUG,MED-HOSP PRISONERS 737. 68 MARY LANNING HEALTHCARE,MED-HOSP PRISONERS 7, 117.02 STATE OF NEBRASKA,BOARD OF PRISONERS - FOOD 13, 823.55 STATE OF NEBRASKA,MED-HOSP PRISONERS 1, 645.61 JULIE BUDNICK,MISCELLANEOUS 375.30 CENTURY LINK,TELEPHONE SERVICES 153.41 CORNHUSKER PRESS INC, SUPPLIES - OFFICE 134 . 90 EAKES OFFICE SOLUTIONS,MISCELLANEOUS 60. 90 MIDWEST CONNECT, POSTAL SERVICES 125.31 OFFICE DEPOT, SUPPLIES-COPY 177.05 OFFICE DEPOT,SUPPLIES - OFFICE 682.37 ALANA MILLER,MISCELLANEOUS 80.00 KELSEY CROOKS,MISCELLANEOUS 80.00 CITY OF HASTINGS,AMBULANCE COSTS 5, 208.33 607If' ag, e CITY OF HASTINGS, FEMA GRANT COSTS 3, 901.30 HASTINGS UTILITIES,UTILITIES 255. 45 PRESTO-X,MAINTENANCE AGREEMENTS 45. 10 DAWNA WHITCOMB,MILEAGE ALLOWANCE 133.38 DAS STATE ACCOUNTING, SP PROJ7-19SHSP-PET GRANT 765.00 SCOTT A HELMER, SP PROJ7-19SHSP-PET GRANT 1, 600.00 DARRIN LEWIS,SP PROJ7-19SHSP-PET GRANT 48.56 ALLIED UNIVERSAL, SECURITY CONTRACTS BY 0TH 4, 061.54 HOLIDAY INN OF KEARNEY,TRAVEL EXPENSES 195. 90 CHRIS LONG,TRAVEL EXPENSES 204 . 63 FIRST CONCORD BENEFITS GROUP,CAFETERIA PLAN ADMIN FEES 327 .50 MIPS,BUDGET PREPARATION COSTS 45.89 MIPS, DATA PROCESSING COSTS 287.50 REGION 3 BEHAVIORAL HLTH SRVCS,MENTAL HEALTH SERVICES AC 6, 894 .41 SAM ZELESKI,MISCELLANEOUS 1, 400.00 ROAD - BRIDGE ADAMS COUNTY TREASURER,HEALTH REIMBURESMENT ACCO 3, 819.11 AUTO VALUE - HASTINGS,RD EQ REP PARTS 18.78 AUTO VALUE - HASTINGS,SUPPLIES - SHOP 102.50 AUTO VALUE - HASTINGS,RD EQ REP PARTS 62.70 AUTO VALUE - HASTINGS, SMALL TOOLS, ETC. 129. 99 AUTO VALUE - HASTINGS,RD EQ REP PARTS 9.99 AUTO VALUE - HASTINGS,SUPPLIES - SHOP 71.25 AUTO VALUE - HASTINGS,RD EQ REP PARTS 189.36 AUTO VALUE - HASTINGS,SUPPLIES - SHOP 23.75 AUTO VALUE - HASTINGS,SHOP TOOLS 99. 98 BGNE,EQUIPMENT - FUEL 623. 94 BIG G COMMERCIAL HARDWARE INC , SUPPLIES - ELECTRICAL 15.79 BIG G COMMERCIAL HARDWARE INC ,JANITORIAL SUPPLIES 71. 96 CHARTER COMMUNICATIONS, INTERNET SERVICE 109. 98 CINTAS CORPORATION #449,TOWEL/CLEANING AGREEMENTS 105.46 CINTAS CORPORATION #449,JANITORIAL SUPPLIES 31.43 CINTAS CORPORATION #449,TOWEL/CLEANING AGREEMENTS 55. 63 CITY OF HASTINGS,WASTE DISPOSAL 181. 63 COOPERATIVE PRODUCERS INC,EQUIPMENT - FUEL 14, 870.73 DICKE TOOL COMPANY, SIGNS 390. 8 DICKE TOOL COMPANY,EXPRESS/FREIGHT 4 94 • FASTENAL COMPANY, SUPPLIES - MISCELLANEOUS `"'wr.e,�.,�►...�•,Y ,� 112.85 FILTER CARE, SUPPLIES - SHOP :., ‘179+ HASTINGS OUTDOOR POWER LLC, SUPPLIES - MISCELLANEOUS 12 .02 ► HASTINGS OUTDOOR POWER LLC,OTHER EQUIPMENT REPAIR 5.49 HASTINGS OUTDOOR POWER LLC,MACH EQ GREASE OIL 130.45 HASTINGS OUTDOOR POWER LLC, SUPPLIES - MISCELLANEOUS 39. 60 HOMETOWN LEASING,EQUIPMENT RENTAL - .OFFICE 158. 96 ISLAND SUPPLY WELDING CO,WELDING' SUPP/CHAINS 30.18 ISLAND SUPPLY WELDING CO,EXPRESS/FREIGHT 10.00 ISLAND SUPPLY WELDING CO,WELDING SUPP/CHAINS 274.11 ISLAND SUPPLY WELDING CO,EXPRESS/FREIGHT 10.00 MAINELLI WAGNER & ASSOC INC,ENGINEERING 7, 977 .42 MURPHY TRACTOR & EQUIPMENT CO ,MOTOR GRADERS 69, 148.42 NMC EXCHANGE LLC,RD EQ REP PARTS 171.00 NAPA AUTO PARTS,RD EQ REP PARTS 12.28 NAPA AUTO PARTS, SUPPLIES - SHOP 57. 43 NAPA AUTO PARTS, SMALL TOOLS, ETC. 56. 61 NAPA AUTO PARTS, SUPPLIES - SHOP 7 .64 NAPA AUTO PARTS,RD EQ REP PARTS 24 .24 NAPA AUTO PARTS, SHOP TOOLS 295.00 ODEN ENTERPRISES,BRIDGE CONTRACTS 34, 004 .35 POWELL BROTHERS AG LLC,GRADING 6,237.41 POWER PLAN,RD EQ REP PARTS 3, 358.52 ERLE SEYBOLD,COM TRANSPORTATION 14 .04 SANITARY OUTDOOR SERVICE INC, JANITORIAL SUPPLIES 266.25 THOMSEN OIL COMPANY,EQUIPMENT - FUEL 9, 740.75 TITAN MACHINERY INC. ,RD EQ REP PARTS 424 .17 TITAN MACHINERY INC. , SUPPLIES - SHOP TITAN MACHINERY INC. ,RD EQ REP PARTS 518 . 65 TITAN MACHINERY INC. ,EXPRESS/FREIGHT 18.50 LAWSON PRODUCTS, SUPPLIES - SHOP 43.28 LAWSON PRODUCTS, SUPPLIES - ELECTRICAL 64 .54 LAWSON PRODUCTS,EXPRESS/FREIGHT 11. 99 LAWSON PRODUCTS, SUPPLIES - MISCELLANEOUS 265. 15 LAWSON PRODUCTS,EXPRESS/FREIGHT 20.81 608IPage RURAL RD IMP DST 2013/1Y COUNTY VISITORS PROMOTIONS VISITORS IMPROVEMENT FUND PRESERVATION & MODERNIZATION HEALTH FUND VETERAN'S AID COUNTY LIBRARY BOOKMOBILE CO. DRUG LAW ENFORCEMENT FED DRUG LAW ENFORCEMENT COVID AMERICAN RESCUE PLAN COMPUTER CONSULTANTS INC, SPECIAL PROJECTS 15, 180.00 INHERITANCE TAX 911 EMERGENCY SERVICES REGIONAL EMERGENCY MANAGEMENT LAW ENFORCEMENT CENTER PROCHASKA & ASSOCIATES INC,ARCHITECTURAL FEES 40, 000.00 JUVENILE SERVICES CH BLDG BOND PYMNT/ACOB PRKNG JAIL BONDS-JUSTICE CENTER ADAMS COUNTY TREASURER, INTEREST PAYMENT 96, 500.00 ADAMS COUNTY TREASURER, INTER-FUND TRANSFERS 32, 100.00 BOK FINANCIAL, INTEREST PAYMENT 96, 500.00 HIGHWAY BONDS CAPITAL PROJECT AC & HWY 6 ROUNDABOUT CAP PROJ-42ND ST W/ CITY PROJ ESCROW HOLDING FUND BOB BARKER COMPANY INC,MISCELLANEOUS 1, 000. 14 COMPUTER CONSULTANTS INC,MISCELLANEOUS 24, 678.00 MARTIN MARIETTA MATERIALS,MISCELLANEOUS 815.29 MURPHY TRACTOR & EQUIPMENT CO ,MISCELLANEOUS 203,280.20 POWELL BROTHERS AG LLC,MISCELLANEOUS 5, 517 .49 Lee Hogan Board Chairman l ==GpUNtYc�ti z it) 'amona R.Thomas Adams County Clerk 609 IPage