Holt County board of adjustment seated, ready to hear pipeline appeals

The Holt County Supervisors finalized seating of a board of adjustment when they met at the courthouse in O’Neill last Tuesday, June 30.

Vice chair Steve Boshart presided, due to the potential for board of adjustment action related to TC Energy matters, with which chairman Bill Tielke has a declared conflict of interest.

Clayton Goeke of Atkinson was selected, by written ballot from a pool of three interested citizens, to serve as the alternate board member. Goeke garnered three votes, Cheri Frisch of Atkinson, two, and Tom Schaaf of Lynch, none. Tielke abstained and supervisor Don Hahlbeck was absent.

Kerry Kopecky of O’Neill had also expressed interest, but was not considered due to his supervisor candidacy. Although he had indicated intent to withdraw from the supervisor race, he had not submitted written notification. Members of county boards of supervisors are not eligible for appointment to boards of adjustment, according to Nebraska statute.

Goeke joins previously appointed board of adjustment members Jim Hubel of Ewing, Mike Zakrzewski of O’Neill and Mark Rossman and Barb Steskal of Atkinson. Gene Kelly of O’Neill represents the planning and zoning commission on the board.

A board of adjustment had been appointed back in the late 1990s but, according to Holt County clerk Cathy Pavel, the board had never been called to meet, ever.

“Some (appointed members) did not remember ever being appointed to it,” she said.

“So, the board appointed/re-appointed (members).”

She said a meeting had yet to be scheduled.

“The board of adjustments has recently become very important,” Holt County attorney Brent Kelly told the Advocate-Messenger. “TransCanada has appealed the decision of the planning and zoning board, as well as the decision of the county board to deny their construction permit. I believe the law requires TransCanada to appeal to the board of adjustment before they can sue the county in district court.” 

The first step in handling an appeal was for the county board to appoint the board of adjustment. Kelly said the next step will be to set a public hearing, with the process being at the discretion of the board. However, Kelly said he will advise an in-person public hearing.

“This will likely be complicated by the Covid-19 precautions,” Kelly said. “I believe holding the hearing electronically will prevent some people from being able to voice their concerns. On the other hand, public safety is paramount, and we don’t want people to have to risk getting sick because they attended a crowded public hearing.”

He told the supervisors he would ask Nebraska Association of County Officials for a “playbook” to give direction to the board of adjustment.

The board approved an agreement with Mainelli Wagner to provide engineering services related to a TC Energy road-use agreement, at the firm’s regular rates, on a 5-0 vote, Tielke abstaining and supervisor Don Hahlbeck absent. Wagner said the county will be billed initially, then may forward bills to TCE.

“We are basically going to work for you guys, we are your agent,” he said. “It might be a little messy if we worked through them.”

Byron Steskal of Stuart was the sole speaker during time set aside for public comment. Commenting on the pipeline, he said TCE has not yet met zoning board requirements for a conditional use permit.

The courthouse roof is becoming popular real estate.

By next year, the rooftop area may bring in more than $50,000 annually in rental income. After hearing a proposal from Kevin Mattson and Paul Reinhart, via conference call last week, the supervisors are leaning toward a flat monthly lease fee of $1,800 from a second tenant. US Cellular is looking to install a single two-foot tall cylindrical roof-top antenna on the courthouse to cover the downtown area and proposed a fee of $600 per month. Verizon currently has an $1,800 monthly lease, but has more equipment that takes more space.

“I guess the elephant in the room is price,” Boshart told Mattson and Reinhart. “I can’t, in good conscience, charge them more than I am going to charge you, or vice versa…I understand it’s a different type of system.”

Supervisor Bob Snyder agreed, “I think we stick with $1,800 a month if they want up there. Or go home.”

In an unofficial straw vote, all supervisors present indicated agreement to proceed with a standard flat rate. A draft lease presented by US Cellular will be referred to Kelly for review of legalese and the matter will be placed on the agenda of the next meeting. Tielke directed Pavel to inform US Cellular representatives of the board’s opinion.

Boshart, a member of the county’s 911 Committee, also indicated any interference with emergency communication transmission will result in immediate shutdown of any private carrier transmission equipment.

Supervisor Doug Frahm, on behalf of the Building and Grounds Committee, brought to the table a proposed $3,000 engineering study on the recommendation of Beckenhauer Construction, a firm engaged to repair a stairway on the courthouse.

“They looked at those rusty plates over the doorways there underneath the steps, they were very concerned about that and the possibility of being able to fix those steps with those rusty plates under there,” Frahm said. “The first report was pretty dire, but it has improved…they (Beckenhauer) have the old and new blueprints, so they have a better idea what is going on now…it’s not something we can just let go forever.”

The supervisors approved hiring Olsson Inc. to conduct the study.

Bid opening was held for a road department service truck, with only one bid received, $127,422 for a 2019 Ford F550 diesel, from LCL Truck Equipment of Hastings. The bid price included a 185 amp. welder/generator and an onboard air compressor.

According to road superintendent Gary Connot, the service truck will replace a 20-year-old F450 with more than 300,000 miles. He said it is a budgeted item and will be paid from the new fiscal year budget.

A motion by supervisor Don Butterfield to reject the bid died for lack of a second.

“I don’t think we need that high of a priced truck,” he said. “I don’t think we have a mechanic who needs to carry that many tools.”

A Boshart motion to purchase the truck from LCL was then approved 5-1, Butterfield voting nay, Hahlbeck absent.

Boshart asked for water patrol officer Bob Weber’s phone number to pass on to a constituent for reporting roadway watering. Weber’s number is 402-340-2565. Boshart also advised reporting road-irrigating violations to the county attorney’s office.

In other business, the leaders:

~Heard 2019-2020 budget review and timeline for 20-21 budget process from Pavel, noting $600,000 transferred from the county’s General Fund to the Road and Bridge Fund to cover remaining fiscal year expense;

~Approved end-of-year budget function transfers to rectify overages, including $4,191 to county and district counsel and jury functions, $564 to emergency management function and $804 to surveyor function, all from excess authority in the miscellaneous general budget function, the latter two going over budget due to the last payroll of the year;

~Reappointed Dennis Ziems of Ewing to a three-year term on the Holt County Veterans’ Service Committee, on the recommendation of service officer Ken Stenka;

~Tabled appointment of two zoning board members;

~Reviewed proposed Employee Handbook revisions;

~ Set July 31 bid date for bank stabilization of 14 sites through the Emergency Watershed Protection Project;

~Approved right-of-way permit application submitted by Thunderhead Wind Energy to place fiber optic cable in the extreme southeast corner of the county;

~Heard from Connot that an employee at the District 2 shop had been exposed to Covid-19 and quarantined with no symptoms exhibited;

~Directed Connot to deny a request by North Central District Health Department to use county shop to administer flu vaccination;

~Heard from Connot that Naper South bridge project bid letting may be delayed, pending a right-of-way easement; and

~Heard from Snyder of a pending $140 claim, due to damage incurred by a vehicle driving through an unsigned fog-sealed roadway near Ewing.

While convened as a board of equalization, the supervisors:

~Approved motor vehicle tax exemptions requested by First United Methodist Church in O’Neill, for a 2007 Freightliner; and by Building Blocks for Community Enrichment, for a 2019 Chevrolet Malibu, two 2017 Chevrolet Malibu and a 2011 Chevrolet Impala;

~Approved lists of undervalued and overvalued parcels presented by assessor Tim Wallinger; and

~Heard testimony from Tom Horton and Mark Nelson, on behalf of Great Western Bank of Atkinson and Wallinger, regarding a valuation protest. The board will consider protests later this month.