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Legal notices: May 18, 2021
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Legal notices: May 18, 2021

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Legal Notice

 

To: KWASHIA OWENS

Notice is hereby given that on

the 3rd day of February, 2021,

Kearney Rental Pros filed a Com-

plaint against Kwashia Owens in

the County Court of Buffalo

County, Nebraska, Case No.: CI

21-229, alleging that you caused

damage to a leased premise, in vi-

olation of a lease agreement and

the Land Lord Tenant Act, and that

Kearney Rental Pros is entitled to

collect such damages from you.

You are further notified that you

are required to answer such Com-

plaint against you on or before the

15 day of June, 2021, which is 30

days following the date of last pub-

lication of this notice, or said Com-

plaint will be taken as true and

judgement will be rendered accord-

ingly.

Kearney Rental Pros., Plantiff

By: /s/ Coy T. Clark

cclark@jacobsenorr.com

JACOBSEN, ORR, LINDSTROM

& HOLBROOK, P.C., L.L.O.

322 West 39th Street

P.O. Box 1060

Kearney, NE 68848-1060

(308) 234-5579

(308) 234-9305 (fax)

ZNEZ My4,My11,My18

BUFFALO COUNTY BOARD OF

COMMISSIONERS

BUFFALO COUNTY BOARD OF

EQUALIZATION

TUESDAY, MAY 11, 2021

 

The Buffalo County Board of

Commissioners and the Buffalo

County Board of Equalization met

on Tuesday, May 11, 2021 at 9:00

A.M. and 9:30 A.M. Chairman

McMullen called the meeting to or-

der and led those present in the

Pledge of Allegiance. The following

Board members responded to roll

call: Timothy Higgins, Ivan Klein,

Myron Kouba, Ronald Loeffelholz,

Daniel Lynch, Sherry Morrow and

William McMullen. A copy of the

acknowledgment and receipt of no-

tice and agenda by the Board of

Commissioners is attached to

these minutes. Public notice of this

meeting was published/posted in

the Kearney Hub, on the Buffalo

County web site, and the bulletin

boards located outside the County

Clerk's office and County Board

Room on May 6, 2021. Chairman

McMullen announced that in ac-

cordance with Section 84-1412 of

the Nebraska Revised Statutes, a

current copy of the Open Meetings

Act is available for review and

posted at the back of the Board

Room. County Clerk Janice Giffin

took all proceedings hereinafter

shown; while the convened meet-

ing was open to the public. County

Attorney Shawn Eatherton was

present.

REGULAR AGENDA

 

Moved by Higgins and seconded

by Kouba to approve the April 27,

2021 Board meeting minutes.

Upon roll call vote, the following

Board members voted "Aye": Hig-

gins, Kouba, Klein, Loeffelholz,

Lynch, Morrow and McMullen.

Motion declared carried.

Moved by Morrow and seconded

by Lynch to ratify the following May

7, 2021 payroll claims processed

by the County Clerk. Upon roll call

vote, the following Board members

voted "Aye": Morrow, Lynch, Hig-

gins, Klein, Kouba, Loeffelholz and

McMullen. Motion declared carried.

LEGEND FOR ABBREVIATIONS

FOR VENDOR CLAIMS: A - Adver-

tisement; AP - Appropriation; B -

Bookmobile; C - Construction; CD

- Civil Defense; CM - Cottonmill; D

- Dues; E - Expense; EQ - Equip-

ment; F - Fuel; G - Gravel; I - Insur-

ance&/or Bonds; MC - Medical

Charges; R - Retirement; RE - Re-

imbursement; RT - Rent; S - Serv-

ice; SU - Supplies; T - Tax; U - Util-

ities.

GENERAL FUND

NET PAYROLL 275,947.53;

AMERICAN FAMILY LIFE I

1,037.63; RETIREMENT PLANS

AMERITAS R 46,660.35; BUF-

FALO CO TREASURER I

114,659.00; EMPOWER RETIRE-

MENT R 1,175.00; FIRST CON-

CORD E 4,896.74; FIRST NA-

TIONAL BANK T 93,904.45; KEAR-

NEY UNITED WAY E 104.67;

KATHLEEN A LAUGHLIN E

402.00; MADISON NATIONAL I

1,021.92; MADISON NATIONAL I

295.86; NATIONWIDE RETIRE-

MENT R 1,855.00; NE CHILD

SUPPORT E 1,200.00; NE DE-

PARTMENT OF REVENUE E

55.00; PRINCIPAL E 3,198.68;

STATE OF NE T 15,758.99; VI-

SION SERVICE PLAN E 851.08;

ROAD FUND

NET PAYROLL 55,016.52;

AMERICAN FAMILY LIFE I

907.19; RETIREMENT PLANS

AMERITAS R 8,584.36; BUFFALO

CO TREASURER I 2,567.00; FIRST

CONCORD E 677.42; FIRST NA-

TIONAL BANK T 16,399.87; MADI-

SON NATIONAL I 161.10; MADI-

SON NATIONAL I 107.53; NA-

TIONWIDE RETIREMENT R

272.50; NE CHILD SUPPORT E

242.00; PRINCIPAL E 930.88;

STATE OF NE T 2,436.93; VISION

SERVICE PLAN E 205.22;

WEED DEPARTMENT NET PAYROLL 4,917.02; RETIRE-

MENT PLANS AMERITAS R

777.30; BUFFALO CO TREAS-

URER I 248.00; FIRST CONCORD

E 33.33; FIRST NATIONAL BANK T 1,586.39; MADISON NATIONAL I 3.44; PRINCIPAL E 60.96; STATE

OF NE T 251.69

Sheriff Neil Miller, Deputy Nicho-

las Alexander, Deputy Clint Kirsch-

ner, Deputy Dennis Small, Deputy

Jacob Valentine, Investigator Bran-

don Brueggemann, Investigator

Paul Koerner, Sergeant David

Gibbs, Sergeant Theodore Huber

and Sergeant Ephraim Valenzuela

were present for the Proclamation

of the National Police Week.

Chairman McMullen read the proc-

lamation and thanked those who

serve Buffalo County. Moved by

Klein and seconded by Higgins to

proclaim the week of May 9th

through May 15th, 2021 as

"National Police Week" in Buffalo

County with the following Resolu-

tion 2021-30. Upon roll call vote,

the following Board members voted

"Aye": Klein, Higgins, Kouba,

Loeffelholz, Lynch, Morrow and

McMullen. Motion declared car-

ried.

RESOLUTION 2021-30

Proclamation

Name the Week of May 9, 2021

through May 15, 2021 as

"National Police Week" in Buf-

falo County

WHEREAS,

National Police

Week was first proclaimed in 1963

by President Kennedy when he sig-

ned Proclamation 3537 creating

"National Police Week" to recog-

nize the service given by men and

women who, night and day, protect

us through enforcement of our

laws, and

WHEREAS, the members of the

law enforcement agencies of Buf-

falo County play an important role

is safeguarding the rights and free-

doms of Buffalo County; and

WHEREAS, it is important that

our citizens know and understand

the duties, responsibilities, haz-

ards, and sacrifices of their law en-

forcement agencies, and that mem-

bers of our law enforcement agen-

cies recognize their duty to serve

the people by safeguarding life and

property, by protecting them

against violence or disorder, and

protecting the innocent against de-

ception and the weak against op-

pression or intimidation; and;

WHEREAS, the men and women

of the Buffalo County Sheriff's Of-

fice unceasingly provide vital public

services;

NOW THEREFORE, BE IT RE-

SOLVED that the Buffalo County

Board of Commissioners hereby

proclaim the week of May 9th

through May 15th as "National Po-

lice Week" to honor those law en-

forcement officers, who, through

their courageous deeds, have

made the ultimate sacrifices in

service to their community or have

been disabled in the performance

of duty, and let us recognize and

pay respect to the survivors of our

fallen heroes. All Buffalo County

citizens are encouraged to pay trib-

ute to the many law enforcement

officers, past and present, who by

their faithful and loyal devotion to

their responsibilities have rendered

a dedicated service to their com-

munities and, in so doing, have es-

tablished for themselves an envia-

ble and enduring reputation for pre-

serving the rights and security of all

citizens.

Moved by Morrow and seconded

by Lynch to accept the Clerk of the

District Court April 2021 Report.

Upon roll call vote, the following

Board members voted "Aye": Mor-

row, Lynch, Higgins, Klein, Kouba,

Loeffelholz and McMullen. Motion

declared carried.

Moved by Klein and seconded by

Higgins to accept the City of Ra-

venna 2020 Annual Tax Increment

Financing Report. Upon roll call

vote, the following Board members

voted "Aye": Klein, Higgins,

Kouba, Loeffelholz, Lynch, Morrow

and McMullen. Motion declared

carried.

Nate Pearson, Network Manager

for the Buffalo County IT (Inform-

ation Technology) Department was

present for the following agenda

item. Chairman McMullen in-

structed County Clerk Giffin to

open and read aloud the submitted

bids for the Request for Proposal

(RFP) for the County Printer Pro-

gram. Bids were submitted from

the following companies: Capital

Business, Eakes Office Solutions

and All Copy Products. IT Network

Manager Pearson and the IT Com-

mittee will review the proposals

and come back with recommen-

dations at the end of this meeting.

After discussion and review of

the County Sheriff's report, it was

moved by Higgins and seconded

by Lynch to approve the Special

Designated Liquor License applica-

tion filed by The Village 1919 for an

event to be held on June 5, 2021.

Upon roll call vote, the following

Board members voted "Aye": Hig-

gins, Lynch, Klein, Kouba, Loef-

felholz, Morrow and McMullen.

Motion declared carried.

After discussion and review of

the County Sheriff's report, it was

moved by Higgins and seconded

by Loeffelholz to approve the Spe-

cial Designated Liquor License ap-

plication filed by Ravenna Golf

Club for an event to be held on

June 19, 2021. Upon roll call vote,

the following Board members voted

"Aye": Higgins, Loeffelholz, Klein,

Kouba, Lynch, Morrow and

McMullen. Motion declared car-

ried.

Weed Superintendent Bret

Stubbs was present to review the

report from the Nebraska Depart-

ment of Agriculture. Moved by

Loeffelholz and seconded by

Kouba to authorize Chairman

McMullen to sign the Noxious

Weed Program report from the Ne-

braska Department of Agriculture.

Upon roll call vote, the following

Board members voted "Aye":

Loeffelholz, Kouba, Higgins, Klein,

Lynch, Morrow and McMullen.

Motion declared carried.

ZONING

 

Zoning Administrator Dennise

Daniels and Deputy County Attor-

ney Andrew Hoffmeister were pres-

ent for the following agenda items.

Chairman McMullen opened the

public hearing at 9:16 A.M. for a

Vacation Application filed by Tren-

ton Snow, licensed land surveyor,

on behalf of Roger L. Swearingen

and Renee L. Swearingen, for Va-

cation of part of Lot 9, Linger's

Subdivision, located in part of Gov-

ernment Lot 4 in the Northeast

Quarter of the Southwest Quarter

of Section Thirty-six (36), Township

Nine (9), Range Fourteen (14) West

of the Sixth Principal Meridian, Buf-

falo County, Nebraska. Trenton

Snow and Deputy County Attorney

Hoffmeister reviewed the applica-

tion. No one else addressed the

Board and Chairman McMullen

closed the hearing at 9:22 A.M.

Moved by Higgins and seconded

by Kouba to approve the Vacation

Application with the following Res-

olution 2021-31. Upon roll call

vote, the following Board members

voted "Aye": Higgins, Kouba,

Klein, Loeffelholz, Lynch, Morrow

and McMullen. Motion declared

carried.

RESOLUTION 2021-31

 

WHEREAS, Surveyor Trenton

Snow, on behalf of Roger L.

Swearingen and Renee L. Swear-

ingen, owners of:

A tract of land being part of Lot 9,

Linger's Subdivision, which is part

of Government Lot 4 located in part

of the Northeast Quarter of the

Southwest Quarter (NE1/4 SW1/4)

of Section Thirty-six (36), Township

Nine (9) North, Range Fourteen (14)

West of the Sixth Principal Merid-

ian, Buffalo County, Nebraska,

more particularly described as fol-

lows: Referring to the Southeast

corner of the Southwest Quarter of

said Section Thirty-six (36); thence

Northerly on the east line of said

Southwest Quarter a distance of

1967.0 feet; thence with a deflec-

tion angle to the left of 90°00' a

distance of 10.0 feet to a point on

the east boundary of Lot 9 of said

Linger's Subdivision; thence con-

tinuing westerly on the afore de-

scribed course a distance of 35.0

feet to the ACTUAL PLACE OF BE-

GINNING, said place of beginning

being on the west property line of a

Buffalo County road; thence North-

erly on the west line of said public

road and 45.0 feet westerly from

and parallel with the east line of the

Southwest Quarter of said section

a distance of 160.8 feet; thence left

90°00' a distance of 5.0 feet;

thence right 90°00' and parallel

with and 50.0 feet westerly from

the east line of said quarter a dis-

tance of 273.7 feet; thence left

94°14' a distance of 250.68 feet;

thence left 85°46' a distance of

392.0 feet; thence right 51°21' a

distance of 428.1 feet; thence left

112°11' a distance of 242.0 feet;

thence left 84°30' a distance of

31.0 feet; thence right 02°52' a dis-

tance of 423.0 feet; thence right

52°31' a distance of 103.5 feet to

the place of beginning, EXCEPT-

ING HOWEVER a tract of land

deeded to the State of Nebraska,

Department of Roads by Warranty

deed recorded on Inst. 2017-04668

in the Buffalo County Register of

Deeds and being more particularly

described as follows: A tract of

land located in part of Lot 9 Lin-

ger's Subdivision in the East half of

the Southwest quarter of Section

36, Township 9 North, Range 14

West of the Sixth Principal Merid-

ian, Buffalo County, Nebraska, de-

scribed as follows: Referring to the

Northeast corner of said quarter

section; thence westerly a distance

of 50.00 feet along the north line of

said quarter section to a point on

the westerly highway L10C right of

way line; thence southerly deflect-

ing 089 degrees, 57 minutes, 29

seconds left, a distance of 520.40

feet along said right of way line;

thence easterly deflecting 090 de-

grees, 02 minutes, 31 seconds left,

a distance of 5.00 feet along said

right of way line; thence southerly

deflecting 090 degrees, 02 min-

utes, 31 seconds right, a distance

of 126.57 feet along said right of

way line to the point of beginning;

thence southerly deflecting 000 de-

grees, 00 minutes, 00 seconds, a

distance of 33.46 feet along said

right of way line to a point on the

northerly interstate 80 right of way

line; thence westerly deflecting 090

degrees, 00 minutes, 37 seconds

right, a distance of 25.70 feet along

said right of way line; thence north-

easterly deflecting 127 degrees, 31

minutes, 17 seconds right, a dis-

tance of 42.18 feet to the point of

beginning.

being hereinafter referred to as

the "described property".

Have filed to vacate the de-

scribed property with the Buffalo

County Clerk and/or Zoning Admin-

istrator, and

WHEREAS, on April 15, 2021, the

Buffalo County Planning and Zon-

ing Commission conducted a pub-

lic hearing on such Application for

Vacation and on a 8-0 vote with

zero absent, voted to forward this

application to the County Commis-

sioners with a recommendation to

authorize vacation of the described

property, and

WHEREAS, on May 11, 2021, this

Board conducted a public hearing

considering this request and finds:

1. The described property is situ-

ated in the Commercial (C) Zoning

District of Buffalo County, Ne-

braska.

2. The proposed vacation, of the

entire administrative subdivision,

fulfills Buffalo County's Subdivision

Resolution requirements for vaca-

tion of administrative subdivisions

as specifically allowed under Sec-

tion 3.21 together with other provi-

sions applicable thereto.

3. No public utilities occupy the

land sought to be vacated, or if

they do occupy lands, they are un-

affected by this vacation because it

will soon be replatted.

4. The proposed vacation of the

described property should be ap-

proved.

NOW THEREFORE, BE IT RE-

SOLVED BY THE BUFFALO

COUNTY BOARD OF COMMIS-

SIONERS that the proposed vaca-

tion of this subdivision is approved.

RESOLVED FURTHER, that a

copy of this Resolution, when it is

filed with the Buffalo County Regis-

ter of Deeds against the above

named legal description, shall

cause the vacation of previously

subdivided land.

Chairman McMullen opened the

public hearing at 9:22 A.M. for an

Administrative Subdivision filed by

Trenton Snow, licensed land sur-

veyor, on behalf of Roger L. Swear-

ingen and Renee L. Swearingen, to

be known as "Swearingen Acres",

located in part of Lot 9, Linger's

Subdivision, also known as Gov-

ernment Lot 4 in the Northeast

Quarter of the Southwest Quarter

of Section Thirty-six (36), Township

Nine (9), Range Fourteen (14) West

of the Sixth Principal Meridian, Buf-

falo County, Nebraska. Trenton

Snow reviewed the application. No

one else addressed the Board and

Chairman McMullen closed the

hearing at 9:23 A.M. Moved by

Morrow and seconded by Kouba to

approve the Vacation Application

with the following Resolution

2021-32. Upon roll call vote, the

following Board members voted

"Aye": Morrow, Kouba, Higgins,

Klein, Loeffelholz, Lynch and

McMullen. Motion declared car-

ried.

RESOLUTION 2021-32

 

WHEREAS, Roger L. Swearingen

and Renee L. Swearingen, herein-

after referred to as "applicants"

filed for an Administrative Subdivi-

sion to be known as "Swearingen

Acres", with the Buffalo County

Clerk and/or Zoning Administrator,

and

WHEREAS, the Zoning Adminis-

trator forwarded this application to

this Board, and

WHEREAS, on May 11, 2021, this

Board conducted a public hearing

now and finds:

1. The proposed "Swearingen

Acres" is in the Commercial (C)

Zoning District for Buffalo County,

Nebraska. As submitted, it fulfills

Buffalo County's Subdivision Reso-

lution requirements for administra-

tive subdivisions specifically al-

lowed under Section 3.02, together

with other provisions applicable

thereto.

2. There is no remnant parcel.

3. The proposed plat for this sub-

division fulfills Buffalo County's

Subdivision Resolution require-

ments for administrative subdivi-

sions specifically allowed under

Section 3.02 together with other

provisions applicable thereto.

4. Lowell Road is a state-mai-

ntained open public road and it

abuts the subdivision on its east

side. The width of Lowell Road

meets this county's minimum width

standards.

5. Coal Chute Road abuts the

subdivision along its south side.

Coal Chute Road is a road that was

deeded to the State of Nebraska.

Coal Chute Road abuts Interstate

80 where Coal Chute Road abuts

this subdivision. The width of this

portion of Coal Chute Road, which

will not increase in width after dedi-

cation, complies with the minimum

width standards required by the

Buffalo County Subdivision Resolu-

tion.

6. Title search paperwork has

been provided to the Buffalo

County Attorney's Office and that

office has cleared title as concerns

Buffalo County's interests based

upon the title search documents

delivered to that office by appli-

cant.

7. This proposed administrative

subdivision should be approved.

NOW THEREFORE, BE IT RE-

SOLVED BY THE BUFFALO

COUNTY BOARD OF COMMIS-

SIONERS in regular session with a

quorum present, that the plat of

"Swearingen Acres", an adminis-

trative subdivision being located in

part of now vacated Linger's Sub-

division, part of Lot 9 and situated

in Government Lot 4 located in part

of the Northeast Quarter of the

Southwest Quarter of Section Thir-

ty-six (36), Township Nine (9),

Range Fourteen (14) West of the

Sixth Principal Meridian, Buffalo

County, Nebraska, duly made out,

acknowledged and certified, is

hereby approved, accepted, rati-

fied, and authorized to be filed and

recorded in the Office of the Regis-

ter of Deeds, Buffalo County, Ne-

braska.

Deputy County Attorney Andrew

Hoffmeister reviewed the proposed

Code Amendment regarding the

Amendment of Zoning Regulations,

Section 3.3172, regarding the defi-

nition of "Structure" to include, but

not limited to: water services, elec-

trical connections, and sewer us-

age. No one else addressed the

Board. Moved by Klein and se-

conded by Lynch to approve the

Code Amendment with the follow-

ing Resolution 2021-33. Upon roll

call vote, the following Board mem-

bers voted "Aye": Klein, Lynch,

Higgins, Kouba, Loeffelholz, Mor-

row and McMullen. Motion de-

clared carried.

RESOLUTION 2021-33

 

WHEREAS, on April 15, 2021, the

Buffalo County Planning and Zon-

ing Commission held a public hear-

ing concerning amendments to

Buffalo County's Zoning Regula-

tions of Section 3.3172, regarding

the definition of "Structure". That

Commission voted unanimously to

recommend that this Board adopt

the proposed amendment, and

WHEREAS, no protests have

been filed with the Buffalo County

Clerk against such proposed

amendments, and

WHEREAS, on May 11, 2021, this

Board conducted a public hearing

concerning a proposed amendment

to Buffalo County's Zoning Regula-

tions, no parties appeared to op-

pose such proposed amendment,

NOW THEREFORE, BE IT RE-

SOLVED BY THE BUFFALO

COUNTY BOARD OF COMMIS-

SIONERS in regular session with a

quorum present, that the following

amendment is adopted with

amending language generally

shown by underlining as additions

and strikethrough as deletion, as

reflected below:

Amend Section 3.3172 to read,

"3.3172 STRUCTURE: Anything

constructed or erected, the use of

which requires permanent location

on the ground; or attachment to

something having a permanent lo-

cation on the ground; semi-perm-

anent attachment to the ground; or

is permanently or semi permanently

connected to any one of the follow-

ing services, regardless of whether

the service described is self-provi-

ded, created on the premises, or

publicly provided:

a. water service provided with a

plumbing connection of more per-

manency than that of a garden

hose,

b. electrical connection to a pub-

lic utility or alternative energy

source of more than 1,000 watts

that has permanency than that of

an unburied electrical drop or ex-

tension cord.

c. sewer or sewers, for waste de-

posited and/or created within any

structure that releases any sewage

effluvia outside of the structure.

but not including

This does not include fences or

public items such as utility poles,

street light fixtures and street

signs."

Moved by Loeffelholz and se-

conded by Klein to recess the reg-

ular meeting of the Board of Com-

missioners at 9:31 A.M. and re-

convene as a Board of Equaliza-

tion. Upon roll call vote, the follow-

ing Board members voted "Aye":

Loeffelholz, Klein, Higgins, Kouba,

Lynch, Morrow and McMullen.

Motion declared carried.

BOARD OF EQUALIZATION

 

Chairman McMullen called the

Board of Equalization to order in

open session. County Assessor

Ethel Skinner and County Treasurer

Jean Sidwell were present.

Moved by Klein and seconded by

Loeffelholz to approve Tax List

Corrections numbered 4772

through 4782 submitted by County

Assessor Skinner. Upon roll call

vote, the following Board members

voted "Aye": Klein, Loeffelholz,

Higgins, Kouba, Lynch, Morrow

and McMullen. Motion declared

carried.

Moved by Higgins and seconded

by Klein that Buffalo County Board

of Equalization Confesses Judg-

ment in Tax Equalization & Review

Commission Case #19-A033 in ap-

peal concerning Flying W, LLC, Ap-

pellant, and Buffalo County, Appel-

lee, for property identified as tax

parcel #60122000 and that the Buf-

falo County Attorney's Office be,

and hereby is, authorized to con-

fess judgment on behalf of this

Board, that for tax year 2019 this

property had an assessed valuation

of $829,240. Upon roll call vote,

the following Board members voted

"Aye": Higgins, Klein, Kouba, Loef-

felholz, Lynch, Morrow and

McMullen. Motion declared car-

ried.

Moved by Loeffelholz and se-

conded by Klein that Buffalo

County Board of Equalization Con-

fesses Judgment in Tax Equaliza-

tion & Review Commission Case

#19-A034 in appeal concerning Fly-

ing W, LLC, Appellant, and Buffalo

County, Appellee, for property

identified as tax parcel #60123000

and that the Buffalo County Attor-

ney's Office be, and hereby is, au-

thorized to confess judgment on

behalf of this Board, that for tax

year 2019 this property had an as-

sessed valuation of $1,220,640.

Upon roll call vote, the following

Board members voted "Aye":

Loeffelholz, Klein, Higgins, Kouba,

Lynch, Morrow and McMullen.

Motion declared carried.

Moved by Morrow and seconded

by Kouba to approve the Motor Ve-

hicle Tax Exemption as indicated

on the application by County

Treasurer Jean Sidwell for Crane

River Theater Company, Inc. for a

2021 Sharp Cargo Trailer. Upon

roll call vote, the following Board

members voted "Aye": Morrow,

Kouba, Higgins, Klein, Loeffelholz,

Lynch, and McMullen. Motion de-

clared carried.

Moved by Klein and seconded by

Loeffelholz to adjourn the Board of

Equalization and return to the regu-

lar meeting of the Board of Com-

missioners at 9:38 A.M. Upon roll

call vote, the following Board mem-

bers voted "Aye": Klein, Loef-

felholz, Higgins, Kouba, Lynch,

Morrow and McMullen. Motion de-

clared carried.

REGULAR AGENDA

 

Highway Superintendent John

Maul was present for the following

agenda items.

Moved by Klein and seconded by

Loeffelholz to receive Highway Su-

perintendent John Maul's reports

on the petition to vacate portions of

roads located in the Armada Town-

ship and to set a public hearing

date of June 22, 2021 at 9:30 a.m.

with the following Resolution

2021-34. Upon roll call vote, the

following Board members voted

"Aye": Klein, Loeffelholz, Higgins,

Kouba, Lynch, Morrow and

McMullen. Motion declared car-

ried.

RESOLUTION 2021-34

 

WHEREAS, a Petition to vacate

various roads or other public ways

has been properly filed with the

Buffalo County Clerk for the fol-

lowing described roads, alleys, an-

d/or public ways:

Road #1: One- half mile of Bison

Road (if extended) a road, com-

mencing at the Southeast corner of

Section Twenty-One (21) and the

Southwest corner of Section Twen-

ty-Two ( 22); thence running north

for one-half mile, as the road is sit-

uated between and abutting the

East Half of the Southeast Quarter

(E ½ SE ¼) of Section Twenty-One

( 21) and the West Half of the

Southwest Quarter (W ½ SW ¼) of

Section Twenty-Two (22), all in

Township Eleven (11) North, Range

Eighteen (18) West of the 6th P. M.

Buffalo County, Nebraska.

Road #2: One-half mile of Buck-

board Road (if extended) a road,

commencing at the Southeast cor-

ner of the Northwest Quarter of

Section Twenty-Two (22) and the

Southwest corner of the Northeast

Quarter of Section Twenty-Two (

22); thence running north for

one-half mile, as the road is situ-

ated between and abutting the

West Half of the Northeast Quarter

(W ½ NE ¼) of Section Twenty-Two

( 22) and the East Half of the

Northwest Quarter (E ½ NW ¼) of

Section Twenty-Two (22), all in

Township Eleven (11) North, Range

Eighteen (18) West of the 6th P. M.

Buffalo County, Nebraska.

Road #3: A portion of Birch

Road, a road commencing at the

Southwest corner of the Southwest

Quarter of Section Twenty-Six (26)

and the Southeast corner of the

Southeast Quarter of Section

Twenty-Seven ( 27); thence running

north for 1980 feet as the road is

situated between and abutting that

portion of the West Half of the

Southwest Quarter (W ½ SW ¼) of

Section Twenty-Six ( 26) and that

portion of East Half of the South-

east Quarter ( E ½ SE ¼) of Sec-

tion Twenty-Seven (27), all in

Township Eleven (11) North, Range

Eighteen (18) West of the 6th P. M.

Buffalo County, Nebraska.

Road #4: One-half mile of 235th

Road, a road commencing at the

Southwest corner of the Southwest

Quarter of Section Twenty-One (21)

and the Northwest corner of the

Northwest Quarter of Section 28;

thence running East for one-half

mile as the road is situated be-

tween and abutting the South Half

of the Southwest Quarter (S ½

SW ¼) of Section Twenty-One (21)

and the North Half of the Northwest

Quarter ( N ½ NW ¼) of Section

Twenty-Eight (28) all in Township

Eleven (11) North, Range Eighteen

(18) West of the 6th P.M. Buffalo

County, Nebraska.

Road #5: A Road (not named)

one mile of an East to West Road,

or any portion there of as the same

is situated between and abutting

the South Half of the South Half

(S½ S ½) of Section Twenty-Nine

(29) and the North Half of the North

Half (N ½ N ½) of Section Thir-

ty-Two (32), Township Eleven (11)

North, Range Eighteen (18) West of

the 6th P.M. Buffalo County, Ne-

braska.

WHEREAS, the report of the

Highway Superintendent was re-

ceived at this Board's May 11,

2021, meeting, and

WHEREAS, the issue of closing

these roads, or portions thereof,

should be set down for public hear-

ing.

NOW THEREFORE BE IT RE-

SOLVED that Buffalo County Board

of County Commissioners sets

June 22, 2021, at 9:30 o'clock,

a.m. as the date and time of public

hearing regarding vacation or

abandonment of the above recited

roads, which hearing shall be con-

ducted in the Buffalo County

Boardroom, Buffalo County Court-

house, 16th & Central, Kearney,

Nebraska.

RESOLVED FURTHER THAT a

copy of this resolution shall be

published for three consecutive

weeks and notice shall be provided

to landowners that have property

abutting the roads to be vacated or

abandoned, by registered or certi-

fied mail no less than two weeks in

advance of the hearing.

After discussion and review by

Deputy County Attorney Andrew

Hoffmeister, it was moved by Loef-

felholz and seconded by Lynch to

authorize Chairman McMullen to

sign the contract regarding the

road improvement project on Grove

Road and 370th Road with Cris

Hehner and Lammers Land Level-

ing. Upon roll call vote, the follow-

ing Board members voted "Aye":

Loeffelholz, Lynch, Higgins, Klein,

Kouba, Morrow and McMullen.

Motion declared carried.

Sheriff Neil Miller was present for

the following agenda item. Moved

by Lynch and seconded by Morrow

to authorize Chairman McMullen to

sign the Interlocal Cooperation

Agreement with the City of Kearney

and Buffalo County for the com-

bined Kearney Police/Buffalo

County Sheriff's Office Emergency

Services and Crisis Negotiation

Unit. Upon roll call vote, the fol-

lowing Board members voted

"Aye": Lynch, Morrow, Higgins,

Klein, Kouba, Loeffelholz and

McMullen. Motion declared car-

ried.

After discussion with Mitch

Humphrey and Deputy County At-

torney Hoffmeister, it was moved

by Loeffelholz and seconded by

Higgins to authorize Chairman

McMullen to sign the amended

contract with the project team of

Buffalo Surveying Corporation and

Jorgensen Surveying on the Sec-

tion Corner Project. Upon roll call

vote, the following Board members

voted "Aye": Loeffelholz, Higgins,

Klein, Kouba, Lynch, Morrow and

McMullen. Motion declared car-

ried.

Nate Pearson, Network Manager

for the Buffalo County IT (Inform-

ation Technology) Department re-

turned to the meeting with recom-

mendations on the County Printer

Program Proposal that were sub-

mitted. Moved by Klein and se-

conded by Kouba to accept the bid

from Eakes Office Solutions for the

County Printer Program. Upon roll

call vote, the following Board mem-

bers voted "Aye": Klein, Kouba,

Higgins, Loeffelholz, Lynch, Mor-

row and McMullen. Motion de-

clared carried.

After discussion, it was decided

that no action was necessary at

this time for the Fire District 4 levy

allocation request.

Chairman McMullen reviewed the

following correspondence. Ne-

braska Department of Environment

and Energy sent letter regarding

the National Pollutant Discharge

Elimination System (NPDES) Gen-

eral Permit of Operation Confining

Cattle for the Sweetwater Cattle

Co., LLC Concentrated Animal

Feeding Operation. The City of

Kearney sent the Planning Com-

mission Agenda for May 21, 2021

meeting. Beth Salmans sent email

regarding 49 County Land Grab in

Kansas and Nebraska by the Kan-

sas Nebraska Heritage Area Part-

nership. Linda Smedra sent infor-

mation from the Nebraska Cattle-

man Insider issue from May 6,

2021 in regards to 30x30. Chair-

man McMullen called on each

Board member present for commit-

tee reports and recommendations.

During committee reports and rec-

ommendations, Commissioner Hig-

gins on behalf of the COVID com-

mittee stated that Employees will

no longer be required to wear

masks in the public areas. If any

official chooses to make their office

policy more restrictive, that can be

done at the discretion of the offi-

cial.

Moved by Loeffelholz and se-

conded by Klein to enter into Ex-

ecutive Session at 10:45 A.M. to

receive advice from legal counsel

on personnel matter and for the

protection of the public's interest.

In addition to the Board members

responding to roll call, County At-

torney Shawn Eatherton was pres-

ent and Pam Bourne and Ashley

Connell with Woods Aitken LLP

joined the meeting via Zoom. Upon

roll call vote, the following Board

members voted "Aye": Loeffelholz,

Klein, Higgins, Kouba, Lynch, Mor-

row and McMullen. Motion de-

clared carried.

Moved by Kouba and seconded

by Higgins to move out of Execu-

tive Session at 11:57 A.M. and re-

sume the open meeting. Upon roll

call vote, the following Board mem-

bers voted "Aye": Kouba, Higgins,

Klein, Loeffelholz, Lynch, Morrow

and McMullen. Motion declared

carried.

Chairman McMullen called for

Citizen's forum and no one ad-

dressed the Board.

Chairman McMullen asked if

there was anything else to come

before the Board at 11:58 A.M. be-

fore he declared the meeting ad-

journed until the regular meeting at

9:00 A.M. on Tuesday, May 25,

2021.

ATTEST:

William McMullen, Chairman

Buffalo County Board of Commis-

sioners

Janice I. Giffin

Buffalo County Clerk

ZNEZ My12,t1

 

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