Cheyenne County Court House

 

January 4, 2010

 

Sidney, Nebraska

                                                                       

The Cheyenne County Board of Commissioners and Board of Equalization held an open and public regular meeting on Monday, January 4, 2010 in the Commissioners Meeting Room, Cheyenne County Courthouse, in Sidney, Nebraska.  A notice of this meeting was published in the Sidney Sun-Telegraph and aired on KWEST Radio.  Copies of the agenda were posted on the bulletin board, mailed to each Commissioner and kept current and available to the public at the County Clerk’s Office.  At 8:00 A.M., Chairman Harold G. Winkelman called the meeting to order with the following present:

 

Roy B. Rankin

Commissioner of the First District

Harold G. Winkelman

Commissioner of the Second District

Kenneth A. McMillen

Commissioner of the Third District

Beth E. Fiegenschuh

County Clerk and Clerk of the Board

 

Chairman Winkelman announced a current copy of the Open Meetings Law Act is posted on the window immediately outside of the Commissioners Meeting Room and is also available in book form in the Meeting Room.

 

Chairman Winkelman called for nominations for Chairman of the Board of Commissioners for 2010. Commissioner McMillen nominated Harold G. Winkelman for Chairman and moved that nominations cease and a unanimous ballot be cast for Harold G. Winkelman for Chairman of the Board of Commissioners for 2010.  Rankin seconded the motion.  Roll Call:  Aye:  McMillen, Winkelman, Rankin. Nay:  None. 

 

Winkelman then called for nominations for Vice-Chairman for 2010.  Commissioner Rankin nominated Kenneth A. McMillen for Vice-Chairman and moved that nominations cease and a unanimous ballot be cast for Kenneth A. McMillen for Vice-Chairman of the Board of Commissioners for 2010.  Winkelman seconded the motion.  Roll Call:  Aye:  Winkelman, Rankin, McMillen.  Nay:  None. 

 

The current agenda was reviewed.  A motion was made by Rankin, seconded by McMillen to approve the current agenda as presented.  Roll Call:  Aye:  Rankin, McMillen, Winkelman, Rankin.  Nay:  None.  The Minutes of the meeting on December 21, 2009 were reviewed.  A motion was made by McMillen, seconded by Rankin to approve the Minutes as written.  Roll Call:  Aye:  McMillen, Winkelman, Rankin.  Nay:  None. 

 

Abbreviations for claims:  Ex (Expenses), Ga (Garnishment), In (Insurance), Mi (Mileage), Re (Retirement), Sa (Salaries), Se (Service), Su (Supplies), Ta (Tax), Ut (Utilities).

 

GENERAL FUND

 

Employee Payroll 72,321.47-Sa; Ace Equip & Supply 1,339.31-Su; Ameritas 5,061.39-Re; Cheryl Berry 450.00-Se; Cash Wa 422.60-Su; Cheyenne Co Clerk 5,301.32-Ta; Cheyenne Co Court 1,904.00-Se; Cheyenne Co Sheriff 2,492.78-Se; Cheyenne Co Sheriff Imprest Fund 185.58-Mi; Cheyenne Co Title & Escrow 500.00-Se; Cheyenne Co Treasurer 184.48-Ex; City of Sidney 1,232.36-Ut; City of Sidney 416.67-Se; Day & Night Plumb & Heat 79.95-Se; Dept Correctional Serv 6,347.68-Se; Deuel Co Sheriff 18.50-Se; Douglas Co Sheriff 8.32-Se; Nila Ely 11.40-Re; Embassy Suites 1,898.00-Ex; Emblem Authority 344.00-Su; First Concord 62.00-Se; First Nat’l Ins 80.00-Se; Ron Flohr 57.20-Mi; Ft Sidney Inn 190.80-Ex; Frenchman Valley Coop 50.00-Ex; Galls 140.85-Su; Guns Unlimited 750.00-Se; Hamilton Telecomm 180.35-Se; Hazeltechnology 300.00-Se; Everett Kurth 17.20-Re; Howard Kurth 120.00-Se; Lyle Kurth 17.50-Re; KWEST Radio 100.00-Ex; Leaf 809.77-Ex; Janetta Lenstrom 50.00-Se; Lincoln Nat’l Life Ins 73.92-In; Matthew Bender 330.94-Su; Memorial Health Center 178.00-Se; Memorial Health Center Home Health 960.00-Se; Microfilming Imaging Sys 100.00-Se; Midwest

Transportation Specialists 402.15-Mi; Robert Mika 13.40-Re; Miller Office Prod 610.55-Su; MIPS 96.50-Se; Lynn Namuth 33.75-Se; Neofunds by Neopost 300.00-Ex; Mary Jo Ortman 106.25-Se; PDR Distribution 77.90-Su; Quill 654.42-Su; Red Raider Fine Arts Booster Club 165.50-Su; Regional West Medical Center 8,750.00-Ex; James Rogers 13.20-Re; Romaine Co 307.00-Su; Paul Schaub 84.84-Mi; Schuh Rentals LLC 125.00-Ex; Sec of State 30.00-Se; Security First Bank 1,693.93-In; Shirt Tales 98.55-Se; Sonntag Goodwin Leef 85.00-Se; Source Gas 779.57-Ut; Deloris Steffens 95.00-Se; Wal Mart 287.07-Su; Walz Certified Mail Solutions 172.50-Su; Wheat Belt PPD 33.00-Ut; Wheat Belt PPD 774.12-Ut; Donna Wiedeburg 50.00-Se.

TOTAL:  $  120,927.54.

 

ROAD FUND

 

Employee Payroll 27,122.79-Sa; Ameritas 1,830.83-Re; Charter Commun 49.99-Se; Cheyenne Co Clerk 2,000.72-Ta; City of Sidney 605.34-Ut; E&S Auto 278.37-Su; Embassy Suites 442.00-Ex; Charles Erb 240.60-In; Finneys 7.99-Su; Frenchman Valley Coop 23,123.17-Ex; Gledhill Road Machinery 181.86-Su; Ideal Linen 21.34-Su; Howard Kurth 662.63-Sa; Lincoln Nat’l Life ins 35.42-In; Napa Auto 207.94-Su; NE Machinery Co 24,697.79-Su; Newman Traffic Signs 5,831.64-Ex; Roods Tire Center 33.95-Se; Dennis Slama 1,343.60-Ex; Source Gas 3,430.37-Ut; Verizon 65.40-Se; Wheat Belt PPD 128.07-Ut.

TOTAL:  $  92,341.81.

 

VISITORS FUND

 

Employee Payroll 1,182.35-Sa; Ameritas 63.41-Re; Cheyenne Co Clerk 90.00-Ta; Freeman 224.44-Ex; Dean & Nancy Gipfert 75.00-Ex; Jerry & Julia Juedes 75.00-Ex; Lamar Co 315.00-Ex; Lincoln Nat’l Life Ins 1.54-In; Midwest Meetings 1,000.00-Se; Miller Office Prod 59.89-Su; NE Div of Travel & Tourism 75.00-Ex; NE Life Publishing 2,830.00-Se; Next Media Outdoor 365.00-Ex; James Nichols 100.00-Ex; Joel Nienhuser 100.00-Se; George Perry 123.97-Ex; Qwest 133.20-Ut; Source Gas 199.04-Ut; Bill & Tina Taylor 50.00-Ex; Viaero 104.42-Se.

TOTAL:  $  7,167.26.

 

VISITORS IMPROVEMENT FUND

 

Potter Community Improvement 23,200.00-Ex.

TOTAL:  $  23,200.00.

 

COUNTY DRUG LAW ENFORCEMENT FUND

 

Video Service of America 2,155.99-Ex.

TOTAL:  $  2,155.99.

 

INHERITANCE TAX FUND

 

GIS Workshop 1,500.00-Ex.

TOTAL:  $  1,500.00.

 

KENO FUND

 

City of Sidney 1,666.67-Ex.

TOTAL:  $  1,666.67.

 

E911 FUND

 

Employee Payroll 9,610.51-Sa; Ameritas 648.72-Re; Century Link 61.37-Ut; Cheyenne Co Clerk 703.25-Ta; Lincoln Nat’l Life Ins 10.78-In; NE Law Enforcement Training Center 150.00-Ex; NESCA 120.00-Ex; Verizon 73.29-Se.

TOTAL:  $  11,377.92.

 

EMERGENCY MANAGEMENT FUND

 

Employee Payroll 1,626.93-Sa; Ameritas 109.82-Re; Kay L Anderson 275.00-Se; Cheyenne Co Clerk 116.10-Ta; Lincoln Nat’l Life Ins 1.54-In; Jeff Ortgies 275.00-Se; Joe P Quinn 275.00-Se; Donald W Young 275.00-Se.

TOTAL:  $  2,954.39.

 

WEED CONTROL FUND

 

Employee Payroll  1,578.20-Sa; Ameritas 106.53-Re; Charter Commun 49.99-Se; Cheyenne Co Clerk 114.32-Ta; Embassy Suites 454.17-Ex; Lincoln Nat’l Life Ins 1.54-In; NE Weed Control Assoc 85.00-Ex.

TOTAL:  $  2,389.75.

 

 

McMillen made a motion, seconded by Rankin, to approve and pay the above claims.  Delinquent taxes were deducted where owing.  Roll Call:  Aye:  Winkelman, Rankin, McMillen.  Nay:  None.

 

There was no correspondence to review.

 

The Board reviewed a letter from Vic Walker, Director of the Aging Office of Western Nebraska.  The By-Laws of the Aging Office of Western Nebraska establish an Advisory Council to the Aging Office.  The Board of Commissioners designates a representative to serve on the Advisory Council.  It is necessary that the County Board reaffirm the Advisory Council representative from Cheyenne County.  The current representative is Charlotte Dorwart.  A motion was made by McMillen, seconded by Rankin to reaffirm the appointment of Charlotte Dorwart as the Cheyenne County representative to the Advisory Council to the Aging Office of Western Nebraska.  Roll Call:  Aye:  Rankin, McMillen, Winkelman.  Nay:  None.     

 

The Board reviewed informal quotes for a new water heater at the Court House.  Informal quotes were as follows:

 

Youngs Plumbing & Heating

$4,626.00

Day & Night Plumbing

$6,980.00

 

A motion was made by McMillen, seconded by Rankin to approve the quote from Youngs Plumbing & Heating in the amount of $4,626.00.  Roll Call:  Aye:  McMillen, Winkelman, Rankin.  Nay:  None. 

 

Karen DeBoer, Extension Educator, discussed the appointment of a new member to the Extension Board. The term of Board Member Josh Muller expired on December 31, 2009.  The Extension Board has recommended Beau Mathewson for this position.  A motion was made by McMillen, seconded by Rankin to appoint Beau Mathewson to serve on the Extension Board with his term to run from January 1, 2010 to December 31, 2012.  Roll Call:  Aye:  Winkelman, Rankin, McMillen.  Nay:  None.  

 

DeBoer then presented the 2009 Annual Report for the Extension program. 

 

Diane Scott, County Treasurer, presented Resolution 2010-1.  Pursuant to Neb. Rev. Stat.

77-2312, the County Board and County Treasurer are allowed and authorized to invest funds of the County and believe it is in the best interest of Cheyenne County to require securities in lieu of a bond.  The Board and Treasurer require the amount of pledged securities equal a value of 125% of the amount of investment over and above the amount insured under the Federal Deposit Insurance Act.  Accordingly, a motion was made by Rankin, seconded by McMillen to adopt Resolution 2010-1 authorizing the County Treasurer to hold pledged securities equal to a value of 125% of the amount of investment over and above the amount insured under the Federal Deposit Insurance Act.  Roll Call:  Aye:  Rankin, McMillen, Winkelman.  Nay:  None.  A complete copy of the Resolution as approved is on file in the County Clerk’s Office.

 

Treasurer Scott then informed the Board of the changes in the pledged securities held by the County.  A motion was made by McMillen, seconded by Rankin to approve the changes as presented.  Roll Call:  Aye:  McMillen, Winkelman, Rankin.  Nay:  None.  

 

A motion was made by Rankin, seconded by McMillen to approve the 2010 holiday schedule below.  Roll Call:  Aye:  Winkelman, Rankin, McMillen.  Nay:  None.

 

January 1

New Year’s Day

January 18

Martin Luther King Jr., Day

February 15                   

Presidents Day

April 2                            

Good Friday

April 30

Arbor Day

May 31                           

Memorial Day

July 5

Independence Day

September 6

Labor Day

October 11                    

Columbus Day

November 11

Veterans Day

November 25 & 26       

Thanksgiving

December 23 & 24

Christmas

December 31

Close at 3:00 P.M.

 

Committee appointments were next discussed.  A motion was made by Rankin, seconded by McMillen to continue the Committee appointments as previously established.  Roll Call:  Aye:  Rankin, McMillen, Winkelman.  Nay:  None. 

 

COMMITTEE

REPRESENTATIVE

ALTERNATE

Water Quality

Rankin

McMillen

Regional Land Board

Winkelman

McMillen

Region 21 Emergency Management

 

Winkelman

 

McMillen

Commission on Aging

Winkelman

Rankin

Mental Health

McMillen

Rankin

Region I-Office of Human Dev.

McMillen

Rankin

Panhandle Area Dev. District

Winkelman

Rankin

Panhandle Community Services

Rankin

Winkelman

Panhandle Disability Service Inc.

McMillen

Rankin

Visitor Committee – Ex Officio

Rankin

    ---

Waste Management – Landfill

Winkelman

Rankin

E911 Board

Winkelman

Rankin

Panhandle Resource Conservation and Development

 

Winkelman

Rankin

Panhandle Public Health District Board

 

Winkelman

Rankin

 

The list of Appointed Officials was reviewed.  After a discussion, a motion was made by McMillen, seconded by Rankin to approve the following appointments with the terms to expire December 31, 2010.  Roll Call:  Aye:  McMillen, Winkelman, Rankin.  Nay:  None

 

Roger Conley

Building and Grounds Superintendent

Tom Noel

Highway Superintendent

James Pelster

Planning and Zoning Administrator

James Collins

Emergency Management Coordinator

Michell Kile

Emergency Communications Director

Brian Hiett

Weed Superintendent

Ronald Gusman

Veterans Service Officer

 

The next items to be discussed were the appointments to the Fairboard, Planning and Zoning Commission and Board of Adjustments. 

 

First, the Board discussed the appointments to the Fairboard for the term of January 1, 2010 to December 31, 2012. The terms of members David Weiderspon, Herb Haller and Kent Tobler expired December 31, 2009.  After a discussion, a motion was made by McMillen, seconded by Rankin to reappoint David Weiderspon, Herb Haller and Kent Tobler to the Cheyenne County Fairboard with their term to run from January 1, 2010 to December 31, 2012.  Roll Call:  Aye:  Winkelman, Rankin, McMillen.  Nay:  None. 

 

Next, the appointments to the Planning and Zoning Commission were discussed.  The terms of members Nan Mull, Valerie Nienhueser and Ron Flohr expired December 31, 2009.  A motion was made by Rankin, seconded by McMillen to reappoint Nan Mull, Valerie Nienhueser and Ron Flohr to the Planning and Zoning Commission with their term to run from January 1, 2010 to December 31, 2012.  Roll Call:  Aye:  Rankin, McMillen, Winkelman.  Nay:  None.    

 

New members to the Board of Adjustments were discussed.  The terms of Keith Nienhueser, Nan Mull and Wendy Childers expired on December 31, 2009.  A motion was made by McMillen, seconded by Rankin to reappoint Keith Nienhueser, Nan Mull and Wendy Childers to the Board of Adjustments with their term to run from January 1, 2010 to December 31, 2012.  Roll Call:  Aye:  McMillen, Winkelman, Rankin.  Nay:  None.  There remain two vacancies on the Board of Adjustments.  The Board will continue to search for viable candidates to fill the two vacancies.

 

The Board discussed the designation of the official County radio station, newspaper and depositories.  A motion was made by Rankin, seconded by McMillen to designate the Sidney Sun-Telegraph as the official newspaper and KWEST Radio of Sidney as the official radio station for Cheyenne County.  Roll Call:  Aye:  Winkelman, Rankin, McMillen.  Nay:  None.     

 

The official depositories for the County were reviewed.  McMillen moved and Rankin seconded the official depositories of Cheyenne County be named as follows:  American National Bank of Sidney, First National Bank of Dalton and Sidney, Adams Bank & Trust of Lodgepole, Potter State Bank of Potter, Security First of Sidney and NPAIT of Lincoln.  Roll Call:  Aye:  Rankin, McMillen, Winkelman.  Nay:  None.

 

The Clerk presented Resolution 2010-2 for the Board’s review.  This Resolution reaffirms the E911 surcharge of $1.00 per month per telephone line as defined in Resolution 1994-30.  A motion was made by Rankin, seconded by McMillen to adopt Resolution 2010-2 as above described.  Roll Call:  Aye:  McMillen, Winkelman, Rankin.  Nay:  None.  A complete copy of the Resolution as approved is on file in the County Clerk’s Office.

 

Pursuant to Neb. Rev. Stat. Section 23-1114, the salaries of the County elected officials are to be established by the County Board prior to January 15th of the year in which a general election is to be held for the respective offices.  Present for this discussion were Sheriff Darrell Johnson,

Treasurer Diane Scott, County Attorney Paul Schaub and Assessor Louella Pippitt.  The Board reviewed two different proposals for salaries for the elected officials for the 2011-2014 term.  Proposal A set out a $3,000 increase in salary for the year 2011 for the elected officials.  There would also be a cost-of-living increase of $1,500 per year in the years 2012, 2013 and 2014.  The Clerk and Treasurer would be compensated at the rate of $25 per hour for hours actually worked in the performance of the duties of the Cheyenne County School Superintendent.  In addition, all of the elected officials would receive, during his or her term of office, the same health insurance coverage as provided to all Cheyenne County employees.  This proposal excludes the three County Commissioners.  The salaries for the three Commissioners would remain the same as set in Resolution 2004-5, but the Commissioners would receive the same health insurance coverage as provided to all Cheyenne County employees.  Proposal B set out a $2,000 increase in salary for the year 2011 and a cost-of-living increase in the amount of $1,000 per year in the years 2012, 2013 and 2014.  The other provisions would remain the same as set out in Proposal A.  After a discussion, a motion was made by McMillen, seconded by Rankin to adopt Resolution 2010-3 setting the salaries for the elected officials for the 2011-2014 term in accordance with Proposal B as set out above.  Roll Call:  Aye:  Winkelman, Rankin, McMillen.  Nay:  None.  A complete copy of the Resolution as adopted is on file at the office of the Cheyenne County Clerk.  Following is a breakdown of the salaries for the elected officials for the 2011-2014 term:

 

OFFICE

2011 SALARY

COST-OF-LIVING RAISE

ADDITIONAL

 

 

 

 

Commissioner, Member

$17,232

None

 

Commissioner, Chairman

$18,432

None

 

Clerk

$48,465

$1,000/year 2012-2014

$25/hour School Supt. duties

Treasurer

$48,465

$1,000/year 2012-2014

$25/hour School Supt. duties

Assessor

$48,465

$1,000/year 2012-2014

 

Clerk of District Court

$48,465

$1,000/year 2012-2014

 

County Attorney

$66,347

$1,000/year 2012-2014

 

Sheriff

$55,702

$1,000/year 2012-2014

 

 

Tom Noel, Highway Superintendent, made his report to the Board. 

 

Sandi Bybee representing the Pheasants Forever organization requested a Special Designated Liquor License for the Pheasants Forever Banquet which will be held March 5, 2010 at the Cheyenne County Fairgrounds.  After a discussion, a motion was made by McMillen, seconded by Winkelman to adopt Resolution 2010-4 approving the Special Designated Liquor License for the Pheasants Forever Banquet as above specified.  Roll Call:  Aye:  McMillen, Winkelman.  Nay:  Rankin.  A complete copy of the Resolution as approved is on file in the County Clerk’s Office.

 

At 11:45 A.M., a motion was made by McMillen, seconded by Rankin to go into executive session to discuss personnel.  Roll Call:  Aye:  Winkelman, Rankin, McMillen.  Nay:  None. 

 

At 12:05 P.M., a motion was made by McMillen, seconded by Rankin to go out of executive session.  Roll Call:  Aye:  Rankin, McMillen, Winkelman.  Nay:  None. 

 

A motion was made by McMillen, seconded by Rankin to ratify the letter of December 10, 2009 from County Attorney Paul Schaub on behalf of the Board to Cheyenne County employee Cassandra Brunick suspending Ms. Brunick without pay.  Roll Call:  Aye:  McMillen, Winkelman, Rankin.  Nay:  None. 

 

Next, a motion was made by McMillen, seconded by Rankin to terminate the employment of Cassandra Brunick effective January 4, 2010 and to direct County Attorney Schaub to write a letter to Ms. Brunick notifying her of her immediate termination.  Roll Call:  Aye:  Winkelman, Rankin, McMillen.  Nay:  None. 

 

At 12:00 P.M., the Board recessed until 1:30 P.M.

 

At 1:30 P.M., the Board reconvened with all members present. 

 

The Board interviewed the following individuals who had applied for the position of Clerk of the District Court:  Debra Hume, Kim Dykman, Heather Bobo, Deanna Volkmer and Janelle Sittner.  It was the decision of the Commissioners to appoint Deanna Volkmer as the new Clerk of the District Court.  Ms. Volkmer will fill the unexpired term of Edith Baumbach which term will expire January 7, 2011.

 

There being no further business to come before the Board, upon motion by McMillen, seconded by Rankin, the meeting was adjourned at 5:30 P.M., until the next meeting on Tuesday, January 19, 2010.  Roll Call:  Aye:  Rankin, McMillen, Winkelman.  Nay:  None. 

 

Dated this 4th day of January 2010.                                                                                              

 

 

 

______________________________________________

Harold G. Winkelman, Chairman

 

 

 

______________________________________________

Roy B. Rankin, Member

 

 

               ______________________________________________

Kenneth A. McMillen, Member

 

 

ATTEST:

_________________________________________________

 

Beth E. Fiegenschuh, County Clerk