Calabria road project nixed

McCOOK, Neb. -- Red Willow County tax payers will not be be paying for major road improvements in the Calabria Subdivision northeast of McCook, following official action by county commissioners Monday morning.

Abiding by state statute, commissioners will not create a road improvement district for the 71-acre subdivision.

County attorney Paul Wood told commissioners during their weekly meeting Monday morning that state statute mandates that if evidence presented at a public hearing indicates that more than 50 percent of owners by area objects to the creation of an improvement district, the county "shall not" create the improvement district. Prior to a public hearing on Jan. 11, 86 percent of Calabria landowners by area objected in writing to the creation of the road project district that was estimated, on the high side, to cost $375,750, or $5,292 per acre owned.

Commissioner Vesta Dack said she understands the state statute, but she voted against a motion and second from Steve Downer and Earl McNutt not to create the improvement district because she feels the county needs to do something to help Calabria residents improve the condition of their roads. The motion denying the improvement district passed 2-1.

Dack said she heard from a bus driver who requested that something be done to improve Calabria roads, that there are times when they're impassable with the bus and she has to ask parents to meet it at a central point.

McNutt said he feels that poor planning by the developer early in the development's existence and a lack of maintenance of the roads by the developer since that time have led to their deterioration over time. "But tax payers across the board would not be happy with us taking care of this," McNutt said. The developer needs to step up and take care of the roads, he said.

Calabria homeowners have the option to create a homeowners association (HOA) and hire their own contractor to rebuild their roads. After the roads are built to county standards, it is at the county board's discretion whether the county maintains the roads. The county does not maintain the roads in other subdivisions within the county.

McCook attorney Nathaniel Mustion, who was hired by the county 1 1/2 years ago to take care of real estate property tax foreclosures, told commissioners he has cleared up the backlog of foreclosures (some dating back to 2001) and will continue to go forward if the county wants to sign another agreement.

Mustion said 10-12 of the oldest foreclosures have gone to sales and have been confirmed by the judge, and the rest have been paid or cancelled. "That wraps up all the big backlog," he said.

Mustion said that in each year of his agreement, he completed four to five sales that ended in confirmation by the judge. McNutt said that it was nice to get these cases taken care of and properties back on the tax rolls. County treasurer Marlene Garcia agreed, adding, however, that these cases involved "minimal taxes. But it's the law. We need to do it. We have no choice but to do it," she said.

Mustion said the experience has been good for him as a young attorney, and he is willing to continue to take care of foreclosures for the county. He asked, however, that a new agreement be more explicit about the costs (especially publication costs) involved in each process -- whether he pays the costs and the county reimburses him, or the county pays the expenses. Garcia recommended that the county, not Mustion, pay for expenses involved in the foreclosures.

McNutt asked that Mustion write a new agreement and come to another commissioners' meeting.

County weed specialist Bill Elliott is concerned with phragmites on the Republican River, but is also keeping an eye on Canada and musk thistle infestations in the county.

"Canada (thistle) is getting worse. It used to be only in cornfields," Elliott told commissioners, explaining his noxious weed infestation report for 2015. "There's more every year," he said. Elliott reported Canada thistle infestations and ratings in these land types: Railroad, trace, 16 acres, light, 2 acres; Roads, trace, 35 acres, light, 13 acres; Nonagricultural, trace, 19 acres, light, 17 acres, moderate, 4 acres; Pasture/range/idle, trace, 130 acres, light, 50 acres, moderate, 15 acres; and Cropland, trace, 340 acres, light, 65 acres, moderate, 10 acres. Totals: Trace, 540 acres; light, 147 acres; moderate, 29 acres; 716 acres in total.

Elliott reports 10 acres of a light infestation of phragmites on the Republican River in nonagricultural land. It's not a big problem, he said, but he would like to see it controlled before it becomes a big problem as it has in other parts and on other rivers in the state. "The state wants landowners to take care of their own," Elliott said, but chemicals for use on water must be applied by certified applicators.

Another water-hogging weed/tree that Elliott keeps an eye on is saltcedar, and he reports 13 acres of a trace infestation on nonagricultural land.

Another target noxious weed is -- like every year -- musk thistle. Elliott reported musk thistle infestations and ratings in these land types: Railroad, trace, 10 acres, light, 5 acres; Roads, trace, 27 acres, light, 11 acres; Nonagricultural, trace, 44 acres, light, 41 acres; Pasture/range/idle, trace, 1,799 acres, light, 2,012 acres, moderate, 191 acres, severe, 5 acres; and Cropland, trace, 135 acres, light, 50 acres. Total: Trace, 2,015 acres; light, 2,119 acres; moderate, 191 acres; severe, 5 acres; 4,330 acres in total.

Red Willow County has 459,712 acres divided among these land types: Railroad, a total of 327 acres; Roads, 5,308 acres; Nonagricultural, 7,870 acres; Pasture/range/idle, 199,834 acres; and Cropland, 246,373 acres.

Elliott said that he and a part-time employee sprayed a lot of acres last year. "It was a good year for weeds," he said. "It was great to have help." He said a great tool has been the camera with GPS to help him and landowners verify the location of infestations of weeds.

Elliott's reports are due in to the Nebraska Department of Agriculture/Animal and Plant Health Protection Division by Jan. 31.

Mitch Lyster of McCook and, via telephone, Amber Vrana Anderson of Omaha of Northwestern Mutual Insurance pointed out to commissioners that a "deductible carryover" (from the last quarter of the previous year to the current year) is an uncommon option that has, for the most part, gone by the wayside.

Eliminating this option is a way that Red Willow County can help control its insurance costs, Lyster said. The cost to the county because of deductible carryover in 2015 was $13,800, and in 2016, $6,600. The possible expense of deductible carryover to the county each year is the county deductible of $1,000 multiplied by the number of county employees with county insurance (63), he said.

Commissioners will discuss this option in more depth at the time of insurance renewal in May. If the option is eliminated, the change would take effect in 2017.

In other action:

-- Commissioners signed a one-year contract with Darcy Eckhardt to act as the county's zoning administrator. The new contract, for $5,000 a year (or $416.66 per month) is the same as last year. Commissioner Vesta Dack asked that Eckhardt schedule regular quarterly meetings for the county's planning commission, and then commissioner Steve Downer, who represents the commissioners on the planning commission, can keep commissioners updated on zoning issues within the county.

McNutt also asked that the planners develop some sort of consensus on a "Livestock Friendly" designation for Red Willow County.

-- Greg Fyn of Prairie Wind PC's and Wally Hampton of McCookNet updated commissioners on the internet network infrastructure project within the county courthouse and sheriff's office. Commissioners agreed that Great Plains Communications will be the county's primary internet provider and McCookNet will be the backup

provider.

The board also authorized Hampton and Fyn to write a contract in which the county will lease equipment for the courthouse instead of purchase it.

-- Commissioners, Sheriff Alan Kotschwar and jail administrator Gerry Hunter met in a 20-minute closed session to discuss a personnel issue. McNutt said after the closed session that the county's personnel committee will be directed to update the personnel manual to define sick time off for employees who work 35, 40 and 42 hours a week.

-- County treasurer Marleen Garcia requested commissioners' signatures on a resolution to publish delinquent real estate property taxes, delinquent special assessments and delinquent occupation taxes (except bankruptcies). The list will be published Feb. 5, 12 and 19.