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Held a Board of Equalization meeting at 9:05 a.m. <br /> Returned to the regular meeting at 9:30 a.m. <br /> PUBLIC PARTICIPATION —Chairman Lancaster called for public participation and no one <br /> responded. <br /> 4 b) CONSIDER AND AUTHORIZE THE BOARD CHAIRMAN TO SIGN A PUBLIC <br /> PERMANENT EASEMENT, A PUBLIC RIGHT-0E-WAY AND AN AGREEMENT FOR <br /> TEMPORARY CONSTRUCTION OCCUPANCY, ALL RELATING TO CAPITAL AVENUE <br /> IMPROVEMENTS BY THE CITY OF GRAND ISLAND—These are the agreements for the right <br /> of way for the Capital Avenue project there will be $32,000.00 paid for the public right of way <br /> easement $5,000.00 for the permanent easement and $2,000.00 for the temporary construction <br /> occupancy easement. <br /> McFarland made a motion and Ziola seconded to authorize the chair to sign the right of way <br /> agreements. Arnold, Lancaster, McFarland, Purdy, Quandt, Schuppan and Ziola all voted yes <br /> and none voted no. Motion carried. <br /> 4. COUNTY ATTORNEY— a) DISCUSSION OF ATTORNEY'S GENERAL'S CONCLUSION <br /> REGARDING AN ALLEGATION THAT THE HALL COUNTY BOARD OF SUPERVISORS <br /> VIOLATED THE OPEN MEETINGS ACT WITH RESPECT TO ITS AGENDA FOR <br /> SEPTEMBER 11, 2012— Deputy County Attorney Jack Zitterkopf stated that this is the <br /> response that was received from the Attorney General regarding the agenda for September 12, <br /> 2012 it was added to the agenda that was on file in the Clerk's office and the agenda on the <br /> web site was updated later after 9:00 a.m. The county received a copy of the opinion and the <br /> open meeting act was not violated. The county clerk was encouraged to make sure that any <br /> other version including the web site will be updated. There is also a disclaimer that is posted on <br /> the web site. Lancaster stated that this was a waste of time and resources. <br /> Discussion was held on setting a deadline for information for the agenda and Stacey Ruzicka <br /> stated she would like to have it by 10:00 a.m. on Friday or as early as possible and that will help <br /> to keep it organized. The date and the time are noted on the agenda when items are added. <br /> 5. 9:45 A.M, — PUBLIC HEARING REGARDING PETITION FROM CLARK GAUTHIER TO <br /> EXCLUDE TRACT OF LAND FROM HALL COUNTY INDUSTRIAL <br /> AREA— Quandt made a motion and McFarland seconded to open the public hearing. <br /> Arnold, Lancaster, McFarland, Purdy, Quandt, Schuppan and Ziola all voted yes and none <br /> voted no. Motion carried. <br /> A petition was filed with the County Board requesting to remove this property from th <br /> e industrial tract. A legal ad was published for 3 consecutive weeks regarding the hearing and <br /> notices were sent by certified mail to the adjacent land owners informing them of the public <br /> hearing. This allows them an opportunity to consider the impact this will have on the industrial <br /> tract. Regional Planning Director Chad Nabity was present <br /> Mr. Ziola stated that if the land is not being used for the purpose intended the owner can <br /> request to have it removed. He noted the Aurora Coop that requested to be removed once it <br /> was sold so they could access city services. Mr. Schuppan stated that this is next to the last <br /> piece that was removed. <br /> 3 <br />