Cheyenne County Court House

 

January 3, 2012

 

Sidney, Nebraska

           

The Cheyenne County Board of Commissioners and Board of Equalization held an open and public regular meeting on Tuesday, January 3, 2012 in the Commissioners Meeting Room, Cheyenne County Court House, 1000 10th Avenue, Sidney, Nebraska.  A notice of this meeting was published in the Sidney Sun-Telegraph, aired on KSID Radio, posted on the bulletin board in the County Court House and on the Cheyenne County website.  Copies of the agenda were posted on the Court House bulletin board and on the Cheyenne County website, mailed to each Commissioner and kept current and available to the public at the Office of the County Clerk.  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 2012. 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 2012.  Rankin seconded the motion.  Roll Call:  Aye:  McMillen, Rankin.  Nay:  None.  Abstain:  Winkelman. 

 

Next, Chairman Winkelman called for nominations for Vice-Chairman of the Board of Commissioners for 2012.  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 2012.  Winkelman seconded the motion.  Roll Call:  Aye:  Winkelman, Rankin.  Nay:  None.  Abstain:  McMillen. 

 

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.  Nay:  None.    The Minutes of the December 19, 2011 meeting were reviewed.  A motion was made by McMillen, seconded by Winkelman to approve the Minutes as written.  Roll Call:  Aye:  McMillen, Winkelman.  Nay:  None.  Abstain:  Rankin.

 

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  85,439.54-Sa; Alamar Uniforms 34.37-Su; American Nat’l Bank 25.00-Ex; Ameritas 5,909.86-Re; Aramark 436.08-Su; AS Central Finance 43.00-Se; Cheryl Berry 450.00-Se; BC/BS 60,352.98-In; Bob Barker Co 25.25-Su; Cash Wa 327.50-Su; CenturyLink 513.60-Ut; Charter Commun 145.97-Se; Cheyenne Co Clerk 6,282.81-Ta; Cheyenne Co Sheriff Imprest Fund 43.77-Ex; City of Sidney 1,005.68-Ut; City of Sidney 1,666.67-Ex; City of Sidney 416.67-Se; Dawson Co Sheriff 1,260.00-Se; Ecolab 155.72-Su; Entenmann-Rovin 212.46-Su; Beth E Fiegenschuh 160.96-Mi; Frenchman Valley Coop 3,377.51-Ex; Front Range Training & Consulting 750.00-Ex; FSH Commun 60.00-Ex; Liam E Gallagher 644.00-Se; Galls 51.28-Su; GreatAmerica Leasing Corp 670.88-Ex; Ronald L Gusman 481.84-Mi; Hampton Inn Kearney 1,529.15-Ex; Robert S Harvoy 286.50-Se; Hazeltechnology 130.00-Se; NE Health & Human Serv 90.00-Se; Brian Hiett 311.91-Mi; Hometown Leasing 1,040.38-Ex; Kimball Co Sheriff 6.50-Se; Kovarik Ellison & Mathis 1,912.90-Se; Robert Kraus 845.90-In; KSID Radio 100.00-Ex; Howard Kurth 240.00-Se; Lyle Kurth 17.50-Re; Lincoln Nat’l Life Ins 82.53-In; Lynn Peavey Co 47.88-Su; MIPS 84.00-Ex; NE Weed Control Assoc 85.00-Ex; Neofunds by Neopost 335.24-Ex; Orbitcom 48.21-Ut; Panhandle Weed Control Assoc 50.00-Ex; Petty Cash Cheyenne Co Attorney 341.67-Ex; Louella D Pippitt 432.61-Mi; Protex Central 168.00-Se; Regional West Medical Center 9,231.41-Ex; SA Foster Lumber 47.61-Su; Schuh Rentals 125.00-Ex; Security First Bank 939.02-In; Sonntag Goodwin Leef 5,173.59-Se; Source Gas 2,212.99-Ut; USDA/WS 1,500.00-Se; Verizon Wireless 216.21-Se; Wal Mart 303.97-Su; West Payment Center 178.00-Ex; Harold G Winkelman 71.04-Mi; Your Yellow Book 98.00-Ex.

TOTAL:  $  199,226.12.

 

ROAD FUND

 

Employee Payroll  28,981.94-Sa; Ameritas 1,956.32-Re; BC/BS 26,008.44-In; Charter Commun 49.99-Se; Cheyenne Co Clerk 2,149.12-Ta; City of Sidney 646.70-Ut; DP Electronics 99.98-Su; E&S Auto 105.13-Su; Finneys 107.94-Su; First Wireless Inc 6,255.70-Su; Floyds Truck Center 468.22-Ex; Frenchman Valley Coop 42,768.78-Ex; Philip D Frerichs Sr 1,500.00-In; Hampton Inn 269.85-Ex; Ideal Linen 23.44-Su; Interstate Battery of the Rockies 87.95-Su; Howard Kurth 640.50-Se; Lincoln Nat’l Life Ins 33.88-In; Milestone Redi Mix 220.00-Ex; Miller Office Prod 21.99-Su; Napa Auto 282.38-Su; NE Machinery 2,253.78-Su; NebraskaLand Tire 37.16-Se; Tom Noel 418.47-Mi; PowerPlan 20.55-Su; Source Gas 2,257.73-Ut; Stern Oil Co 1,987.96-Su; Weldon Tremain 35.11-In; Village of Dalton 66.04-Ut; Western Engineering 7,070.88-Ex; 21st Century Equip 4.92-Su.

TOTAL:  $  126,830.85.

 

VISITORS FUND

 

Employee Payroll  1,062.39-Sa; Ameritas 69.26-Re; BC/BS 638.67-In; Cheyenne Co Chamber of Commerce 150.00-Ex; Cheyenne Co Clerk 80.83-Ta; Jon Finney 50.00-Ex; David Homolka 100.00-Ex; Ramona Joyce 94.77-Mi/Ex; Lamar Co 315.00-Ex; Lincoln Nat’l Life Ins 1.54-In; Miller Office Prod 15.62-Su; MovieAd Mgmt 50.00-Ex; NE Life Publishing Inc 355.00-Ex; Next Media Outdoor 375.95-Ex; George Perry 66.77-Ex; Michael Sellers 75.00-Ex; Source Gas 156.87-Ut; Viaero Wireless 104.20-Se.

TOTAL:  $  3,761.87.

 

VISITORS IMPROVEMENT FUND

 

City of Sidney  2,083.33-Ex; Lunar Cow Design 2,400.00-Ex.

TOTAL:  $  4,483.33.

 

E911 FUND

 

Employee Payroll  8,437.18-Sa; Ameritas 569.51-Re; AS Central Finance 448.00-Se; BC/BS 6,960.00-In; CenturyLink 79.64-Ut; CenturyLink 7.17-Ut; Cheyenne Co Clerk 611.55-Ta; Huber & Assoc 62.50-Se; Lincoln Nat’l Life Ins 9.24-In; NESCA 60.00-Ex; Verizon Wireless 83.02-Se.

TOTAL:  $  17,327.81.

 

EMERGENCY MANAGEMENT FUND

 

Employee Payroll 1,633.33-Sa; Ameritas 110.25-Re; Kay L Anderson 300.00-Se; BC/BS 1,466.85-In; Cheyenne Co Clerk 124.96-Ta; Adam Hayward 300.00-Se; John Jenson 300.00-Se; Lincoln Nat’l Life Ins 1.54-In; Joe P Quinn 300.00-Se.

TOTAL:  $  4,536.93.

 

 

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

 

There was no correspondence to review.

 

Beth Fiegenschuh, Cheyenne County Clerk, addressed the Board regarding a Contractual Interest Statement concerning a contract with Schuh Rentals, LLC for the rental of a storage unit to be used for evidence storage.  On May 1, 2006, the Board of Commissioners entered into a contract between the County and Schuh Rentals, LLC for the rental of a storage unit.  The Board discussed the Contractual Interest Statement presented by Clerk Fiegenschuh disclosing the fact that Fiegenschuh is the sole member of Schuh Rentals, LLC.  The Board is and was on May 1, 2006 fully aware of the relationship between Clerk Fiegenschuh and Schuh Rentals, LLC.  A motion was made by McMillen, seconded by Rankin declaring that the Board is, and was on May 1, 2006, fully aware of the relationship between Fiegenschuh and Schuh Rentals, LLC and reaffirms the approval of the contract with Schuh Rentals, LLC for the rental of a storage unit to be used for evidence storage for the County Sheriff.  Roll Call:  Aye:  Winkelman, Rankin, McMillen.  Nay:  None. 

 

The Contractual Interest Statement also applies to Dick’s Flooring, LLC.  At different times, carpeting and flooring services and products are needed for the various County buildings.  Bids will be received, considered and from time-to-time awarded to Dick’s Flooring, LLC.  The sole member of Dick’s Flooring, LLC is Richard A. Fiegenschuh, Jr., spouse of Clerk Fiegenschuh.  The Board is and has been aware of this relationship.  If the Board enters into an agreement to purchase services from Dick’s Flooring, LLC, it will be necessary to make a separate disclosure for every transaction, regardless of the amount.  If the Board enters into an open contract with Dick’s Flooring, LLC, the Board can make purchases as needed.  This open contract in no way will preclude the Board from obtaining bids for projects involving flooring and carpeting services and products.  The only purpose for entering into an open contract with Dick’s Flooring, LLC is for conflict of interest and disclosure purposes for Clerk Fiegenschuh.  A motion was made by McMillen, seconded by Rankin to enter into an open contract with Dick’s Flooring, LLC as above stated.  Roll Call:  Aye:  Rankin, McMillen, Winkelman.  Nay:  None. 

 

Next, Debra Hume, Clerk of the District Court presented a Contractual Interest Statement that applies to RK Electric.  At different times, electrical services and products are needed for the various County buildings.  Bids will be received, considered and from time-to-time awarded to RK Electric.  Rick Hume, the owner and operator of RK Electric, is the spouse of Debra Hume, Clerk of the District Court.  The Board is aware of this relationship.  If the Board enters into an agreement to purchase services from RK Electric, it will be necessary to make a separate disclosure for every transaction, regardless of the amount.  If the Board enters into an open contract with RK Electric, the Board can make purchases as needed.  This open contract in no way will preclude the Board from obtaining bids for projects involving electrical services and products.  The only purpose for entering into an open contract with RK Electric is for conflict of interest and disclosure purposes for Clerk of the District Court, Debra Hume.  A motion was made by McMillen, seconded by Rankin to enter into an open contract with RK Electric as above stated.  Roll Call:  Aye:  McMillen, Winkelman, Rankin.  Nay:  None. 

 

Diane Scott, County Treasurer, presented Resolution 2012-1.  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 115% 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 2012-1 authorizing the County Treasurer to hold pledged securities equal to a value of 115% of the amount of investment over and above the amount insured under the Federal Deposit Insurance Act.  Roll Call:  Aye:  Winkelman, Rankin, McMillen.  Nay:  None.  A complete copy of the Resolution as adopted is on file at the Office of the County Clerk. 

On September 13, 2011, the Board approved the 2011-2012 budget for Cheyenne County.  Included in that budget was a transfer from the County General Fund to the County Road/Bridge Fund to provide necessary revenues to fund the Road/Bridge department.  The Board reviewed Resolution 2012-2 authorizing the Cheyenne County Treasurer to transfer $1,415,750.00 from the Cheyenne County General Fund to the Cheyenne County Road/Bridge Fund to provide adequate funding for that department.  A motion was made by McMillen, seconded by Rankin to adopt Resolution 2012-2.  Roll Call:  Aye:  Rankin, McMillen, Winkelman.  Nay:  None.    A complete copy of the Resolution as adopted is on file at the Office of the County Clerk. 

 

The official depositories for Cheyenne County were reviewed.  A motion was made by McMillen, seconded by Rankin to designate the official depositories for Cheyenne County as follows:  American National Bank of Sidney, Points West Community 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:  McMillen, Winkelman, Rankin.  Nay:  None. 

 

Karen DeBoer, Extension Educator, addressed the Board regarding the appointment of a new member to the Extension Board.  The term of James McGown expired December 31, 2011.  DeBoer recommended Mary Katos as the new Board member to replace McGown with her term to be from January 1, 2012 to December 31, 2014.   A motion was made by McMillen, seconded by Rankin to approve Mary Katos as a member to the Extension Board with the term to run from January 1, 2012 to December 31, 2014.  Roll Call:  Aye:  Winkelman, Rankin, McMillen.  Nay:  None. 

 

County Attorney Paul Schaub and Clerk of the District Court Debra Hume addressed the Board with regard to LB 669 relating to possible agreements for sharing staff and providing services between County Courts and District Courts.  County Attorney Schaub expressed concerns with this bill and wanted to bring the concerns to the attention of the County Board. 

 

At 10:00 A.M., Chairman Winkelman declared the public hearing open to determine if the alley between Henry and Newman Streets in Sunol, Cheyenne County, Nebraska also known as the alley between Lots 1 and 2 and Lots 11 and 12, Block 5, Booth’s First Addition to Sunol, Cheyenne County, Nebraska should be vacated or abandoned.  Present for the Public Hearing were County Attorney Schaub, Highway Superintendent Tom Noel, Clinton and Burna Hodges, and Randy Booth.  County Attorney Schaub explained the procedure to be followed in this matter pursuant to Neb. Rev. Stat. Section 39-1725.  Testimony was heard.  A motion was made by McMillen, seconded by Rankin to adopt Resolution 2012-3 abandoning the alley between Henry and Newman Streets in Sunol, Cheyenne County, Nebraska also known as the alley between Lots 1 and 2 and Lots 11 and 12, Block 5, Booth’s First Addition to Sunol, Cheyenne County, Nebraska with the subject property reverting to Clinton and Burna Hodges subject to public easements as they exist.  Roll Call:  Aye:  Rankin, McMillen, Winkelman.  Nay:  None.  A complete copy of the Resolution as adopted is on file at the Office of the County Clerk.

 

Chairman Winkelman declared the public hearing at 10:10 A.M. 

 

The Holiday Schedule for 2012 was reviewed by the Board.  A motion was made by McMillen, seconded by Rankin to approve the 2012 Holiday Schedule below.  Roll Call:  Aye:  McMillen, Winkelman, Rankin.  Nay:  None. 

 

January 16

Martin Luther King Jr., Day

February 20                  

Presidents Day

April 6                            

Good Friday

April 27

Arbor Day

May 28                           

Memorial Day

July 4

Independence Day

September 3

Labor Day

October 8                      

Columbus Day

November 12

Veterans Day

November 22 & 23      

Thanksgiving

December 24 & 25

Christmas

December 31, close at 3 P.M.

New Year’s Eve

January 1, 2013

New Year’s Day

 

Commissioner Committee appointments for 2012 were next discussed.  A motion was made by Rankin, seconded by McMillen to continue the Committee appointments as previously established.  Roll Call:  Aye:  Winkelman, Rankin, McMillen.  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

Winkelman

Rankin

    and Development

Panhandle Public Health

Winkelman

Rankin

    District Board

                                               

The list of Appointed Officials for 2012 was reviewed.  After a discussion, a motion was made by Rankin, seconded by McMillen to approve the following appointments with their terms to expire December 31, 2012.  Roll Call:  Aye:  Rankin, McMillen, Winkelman.  Nay:  None. 

 

Roger Conley

Building and Grounds Superintendent

Tom Noel

Highway Superintendent

James Pelster

Planning and Zoning Administrator

Ronald Leal

Emergency Management Coordinator

Michell Kile

Emergency Communications Director

Brian Hiett

Weed Superintendent

Ronald Gusman

Veterans Service Officer

 

The Board designated the official Cheyenne County radio station and newspaper.  A motion was made by McMillen, seconded by Rankin to designate the Sidney Sun-Telegraph as the official newspaper and KSID Radio of Sidney as the official radio station.  Roll Call:  Aye:  McMillen, Winkelman, Rankin.  Nay:  None.  A motion was then made by Rankin, seconded by McMillen to approve the following methods of providing notice to the public:  publishing the notice in the official County newspaper, broadcasting on the official County radio station, posting on the bulletin board in the Cheyenne County Court House, posting in three public places and on the County website.  Roll Call:  Aye:  Winkelman, Rankin, McMillen.  Nay:  None. 

 

The Clerk presented Resolution 2012-4 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 McMillen, seconded by Rankin to adopt Resolution 2012-4 as above described.  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.

 

Tom Noel, Highway Superintendent update the Board on road activities.

 

There were no comments from the public.

 

There being no further business to come before the Board, upon motion by McMillen, seconded by Rankin, the meeting was adjourned at 11:15 A.M., until the next meeting on Tuesday, January 17, 2012.  Roll Call:  Aye:  McMillen, Winkelman, Rankin.  Nay:  None. 

 

 

Dated this 3rd day of January 2012.                                                                                           

 

 

 

______________________________________________

Harold G. Winkelman, Chairman

 

 

 

______________________________________________

Roy B. Rankin, Member

 

               

 

______________________________________________

Kenneth A. McMillen, Member

 

 

 

ATTEST:

_________________________________________________

 

Beth E. Fiegenschuh, County Clerk