County looking for attorney to help with real estate foreclosures

Wednesday, June 25, 2014
Red Willow County, Nebraska, highway superintendent Gary Dicenta, second from the left, updates county road maps with county commissioners Steve Downer, left, Vesta Dack and Earl McNutt, right, during the commissioners' weekly meeting Monday morning. For Nebraska Department of Roads records, commissioners reviewed minimum maintenance roads and, after action Monday, will add three drives in the Calabria subdivision to the inventory of roads maintained by the county. (Connie Jo Discoe/McCook Gazette)

McCOOK, Nebraska -- Red Willow County, Nebraska, commissioners are seeking an attorney to handle the county's real estate property tax foreclosures.

The oldest of the 25 foreclosure certificates filed in Red Willow District Court dates back to 2001. County treasurer Marleen Garcia told commissioners during their weekly meeting Monday morning, "We need to get these (properties) back on the tax rolls."

Commissioner Earl McNutt agreed, saying that he does not want the judge to start dismissing the oldest foreclosures for lack of action. "We need to get these cleaned up," McNutt said.

McNutt said it appears that county attorney Paul Wood does not have the time to take care of the county's foreclosures. "His job is part-time," McNutt said. "There's not enough time to devote" to the foreclosures. Fellow commissioner Vesta Dack agreed, concerned that Wood already has a heavy (case) load.

Garcia said that before Wood became county attorney, Indianola attorney John F. Hanson took care of the county's foreclosures, charging a per-parcel fee. She pointed out, however, that some foreclosures are much more complicated than others, and that a per-parcel fee may not be sufficient for the work involved.

Most attorneys may want to work by the hour, McNutt said.

Garcia said the county averages two to four foreclosures filed each year. "There are people inquiring about these properties quite often," she said. Most are in Indianola, Danbury and Lebanon, she said.

McNutt said getting foreclosures completed has been "an ongoing issue for years. It's time to advertise and hire someone to take over our foreclosures," he said.

Attorneys are asked to submit their proposals to county clerk Pauletta Gerver in the court house before a deadline of 9:15 a.m., Monday July 21.


If there's any water in any Red Willow County surface water reservoir, it has to be released to help Nebraska comply with the 1943 Republican River Compact and subsequent lawsuit settlements.

On Jan. 2, 2014, the director of the Nebraska Department of Natural Resources ordered that all reservoirs in the Republican River Basin are required to pass all inflows and release water that has been stored since Jan. 1, 2014.

The "compact call" situation continues until DNR and the Republican River Basin Natural Resources Districts determine that yearly administration is no longer necessary to ensure compliance with the Compact, which divvies up the Republican's virgin water supply among Colorado, Nebraska and Kansas.


In other actions, commissioners:

- Set dates for protests filed on ag land, commercial and residential properties property tax valuation: Monday, July 7, 1-4 p.m.; Wednesday, July 9, 9 a.m.-noon.; Monday, July 14, 1-4 p.m.; Tuesday, July 15, 9 a.m.-noon; and Monday, July 21, 1-4 p.m.

- Accepted a Nebraska Department of Environmental Quality grant of $154,576 for the county's waste reduction and recycling incentive program or 2014-15. McNutt said the grant finances the county's household hazardous waste collection program and building on Railroad Street. "We spent all of the $105,000 grant last year," McNutt said..

- Discussed the need for someone to take care of noxious weeds during weed superintendent Bill Elliott's illness and recuperation. Dack said, "We need to address this. I'm concerned about thistles." McNutt said it's important to get the necessary paperwork completed and mailed to force landowners to spray their weeds the state Department of Agriculture monitors this process. McNutt said someone has to be certified to spray weeds, so anyone hired to help Elliott, even part-time, would have to have the necessary certification.

- Renewed an IT (Information Technology) contract for the sheriff's department, and the new jail when it opens in late summer, with Commercial Engineering Service (CES) LLC of McCook for $1,424 a month. This is paid through the sheriff's budget. Commissioners also approved the purchase and installation of the wireless network for the courthouse at a cost of $2,201. CES owner Rob Henry said he will install one commercial-grade access point per floor for coverage within the courthouse.

- Tabled until July 7 the selection of a medical provider for prisoners in the new jail.

- Accepted and filed a report from the Nebraska Jail Standards Board approving the construction of the new jail. Although McNutt said it's "not a huge red flag," Dan Evans, field representative of the board, indicated he may be concerned with the availability of adequate parking for visitors and jail officials around the new jail.

- Signed subgrant agreements with the Nebraska Department of Health and Human Service for child support enforcement services for county attorneys and for the clerk of the district court.

- Appointed Mary Kircher to the Red Willow County Planning Commission to replace Mike Kircher, her term to expire April 30, 2015.

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