Cheyenne County Court House

January 17, 2012

Sidney, Nebraska

 

 The Cheyenne County Board of Commissioners and Board of Equalization held an open and public regular meeting on Tuesday, January 17, 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.  Chairman Harold G. Winkelman called the meeting to order at 8:00 A.M., 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 to 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.

 

The current agenda was reviewed.  A motion was made by McMillen, seconded by Rankin to approve the current agenda as presented.  Roll Call:  Aye:  McMillen, Winkelman, Rankin.  Nay:  None.  The Minutes of the January 3, 2012 meeting were reviewed.  A motion was made by Rankin, seconded by McMillen to approve the Minutes as written.  Roll Call:  Aye:  Winkelman, Rankin, McMillen.  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  71,460.97-Sa; American Jail Assoc 48.00-Ex; Ameritas 4,947.85-Re; AS Central Finance 43.00-Se; Cabelas 84.44-Su; Cash Wa 303.40-Su; CenturyLink 87.81-Ut; CenturyLink 22.53-Ut; Charter Commun 167.57-Se; Cheyenne Co Clerk 50.00-Ex; Cheyenne Co Clerk 5,225.99-Ta; Cheyenne Co Clerk 2,779.40-Ex; Cheyenne Co Dist Ct 344.00-Se; Cheyenne Co Sheriff 5,488.01-Se; Cheyenne Co Treasurer 8,945.87-Ex; Cheyenne Co Treasurer 8,168.57-Ex; City of Sidney 2,349.39-Ut; Clothes Hamper 8.00-Se; Connecting Point 44.00-Su; Don Connelly 10.00-Mi; Country Printer 180.00-Su; Cranmore Pest Control 40.00-Se; Culligan 130.00-Su; Darins Auto Repair 2,825.00-Se; Dash Medical Gloves 79.80-Su; Karen DeBoer 84.36-Mi/Ex; Chanda DeMasters 42.18-Ex/Mi; Deuel Co Sheriff 36.50-Se; DP Electronics 90.45-Su; Eakes Office Plus 686.69-Su; Tina Elliott 20.01-Ex; Law Office Steven E Elmshaeuser 4,092.70-Se; Finneys 216.59-Su; First Wireless Inc 818.00-Se; Ronald W Flohr Sr 57.72-Mi; Ft Sidney Inn 45.00-Ex; Frenchman Valley Coop 4,109.77-Ex; Jim From 15.00-Mi; FSH Commun 60.00-Ex; Liam E Gallagher 1,686.05-Se; Judy Gillespie 20.00-Mi; Hamilton Telecomm 209.83-Se; Hazeltechnology 270.00-Se; High Plains Dental 50.00-Se; Hometown Leasing 1,353.60-Ex; Debra Hume 519.32-In; Ideal Linen 578.75-Su; Jay Law Office 3,961.50-Se; Richard H Jensen 443.20-Se; John Jenson 750.00-In; Jeffrey Kasten 715.33-In; Kimball Co Sheriff 18.50-Se; Audrey M Elliott 696.10-Ex/Mi; KRH Car Wash 39.00-Ex; Lincoln Nat’l Life Ins 82.53-In; Lynn Peavey Co 885.16-Su; Mail Finance 85.60-Ex; Marshall & Swift 254.95-Su; Memorial Health Center 220.00-Se; Microfilming Imaging Sys 100.00-Ex; Mid States Organized Crime 100.00-Ex; Midwest Mailing Solutions 229.00-Su; Midwest Special Serv 1,117.26-Mi; Miller Office Prod 3,177.87-Su; MIPS 922.58-Ex; Motel 6 55.99-Ex; NACEB 50.00-Ex; NACO 1,339.47-Ex; Napa Auto 60.48-Su; NE Public Health Environmental Lab 252.00-Se; NE Assoc of Co Clerks 75.00-Ex; NebraskaLand Tire 31.75-Ex; Laurence Nelson 15.00-Mi; NE State Bar Assoc 35.50-Ex; Orbitcom 1,343.54-Ut; Panhandle District Assoc 200.00-Ex; Phelps Towing  100.00-Se; Philco Plastics 83.14-Su; Louella Pippitt 99.23-Mi; Pittam Body Shop 70.60-Se; US Postal Serv 100.00-Su; Prairie States Commun 420.15-Se; Randys Auto Care 149.95-Se; Roy B Rankin 55.50-Mi; Regional West Medical Center 881.85-Se; Regional West Physicians Clinics 100.00-Se; Roods Tire Center 16.00-Se; Scotties Potties 100.00-Se; Scotts Bluff Co Detention Center 8,700.00-Se; Andrea Seidel 126.54-Ex/Mi; Sidney Glass 337.38-Se; Sidney Sun Telegraph 418.32-Se; Carol Sinner 152.55-Se/Mi; Sirchie Finger Print Labs 929.04-Ex; Sonntag Goodwin Leef 2,630.35-Se; Sonnys Super Foods 3,451.36-Su; Splish Splash Car & RV Wash 47.80-Ex; US Postal Serv 4,000.00-Ex; Viaero Wireless 205.52-Se; Western Drug Co 508.47-Su; Wheat Belt PPD 31.96-Ut; Wheat Belt PPD 585.25-Ut; Wilburns Transmissions 3,383.37-Se; Harold G Winkelman 35.52-Mi; Bruce Wright 10.00-Mi; 21st Century Equip 600.00-Su.

TOTAL:  $  174,483.28.

 

ROAD FUND

 

Employee Payroll  28,685.39-Sa; Ameritas 1,936.29-Re; Baum Hydraulics Co 112.97-Su; Ray Brauer 18.87-Mi; Cheyenne Co Clerk 2,126.45-Ta; Cheyenne Co Clerk 105.93-Ex; Cornhusker Int’l Trucks 32.78-Su; Betty Dykman 506.00-Ex; Mike Foster 61.05-Mi; Cory Fraass 2,068.00-Ex; Brad Franks 756.66-Mi/In; Philip D Frerichs Sr 16.65-Mi; Mark Fry 784.63-In/Mi; High West Energy 91.74-Ut; Kielian Family Residuary Trust 1,778.00-Ex; Lincoln Nat’l Life Ins 33.88-In; Miller Office Prod 123.98-Su; Matthew Mitchell 156.51-Mi; Motor Fuels Div 1,438.00-Ta; NebraskaLand Tire 3,215.08-Se; Orbitcom 147.82-Ut; Roland Parker 92.69-Mi; Ronald Solberg 16.65-Mi; Verizon Wireless 96.07-Se; Village of Lodgepole 137.42-Ut; Village of Potter 65.84-Ut; Wheat Belt PPD 139.69-Ut.

TOTAL:  $  44,745.04

 

VISITORS FUND

 

Employee Payroll 1,026.14-Sa; Ameritas 69.26-Re; CenturyLink 133.71-Ut; Cheyenne Co Clerk 78.05-Ta; Cheyenne Co Visitors Committee 132.67-Ex; City of Sidney 164.81-Ut; Jeff Cook 75.00-Ex; Lincoln Nat’l Life Ins 1.54-In; Midwest Meetings 575.00-Ex; Miller Office Prod 69.24-Su; Next Media Outdoor 375.95-Ex; Snitily Carr 500.00-Ex.

TOTAL:  $  3,201.37.

 

FAIR FUND

 

NE Dept of Revenue 1,917.69-Ta.

TOTAL:  $  1,917.69.

 

KENO LOTTERY FUND

 

Cheyenne Co Clerk 110.19-Ex; White Bluffs Vet 285.00-Se.

TOTAL:  $  395.19.

 

E911 FUND

 

Employee Payroll  7,944.64-Sa; Ameritas 536.27-Re; CenturyLink 667.84-Ut; Cheyenne Co Clerk 573.86-Ta; Cheyenne Co Clerk 27.64-Ex; Culligan 45.00-Su; Dalton Telephone Co 106.78-Se; Ideal Linen 13.99-Su; Michell Kile 202.54-In; Lincoln Nat’l Life Ins 9.24-In; Miller Office Prod 95.47-Su; NESCA 30.00-Ex; Orbitcom 262.97-Ut; Ronald Surber 750.00-In.

TOTAL:  $  11,266.24.

 

REGION 21/EM FUND

 

Employee Payroll  1,633.33-Sa; Ameritas 110.25-Re; Bridgeport News Blade 3.24-Se; Cheyenne Co Clerk 124.96-Ta; Cheyenne Co Clerk 1,833.83-Ex; Cheyenne Co Treasurer 5,070.78-Ex; Deuel Co Clerk 1,046.08-Ex; E&S Inc 227.45-Su; Frenchman Valley Coop 202.73-Ex; Garden Co Clerk 1,485.89-Ex; KRH Car Wash 19.50-Ex; Lincoln Nat’l Life Ins 1.54-In; Miller Office Prod 29.90-Su; Morrill Co Clerk 2,942.71-Ex; Orbitcom 100.07-Ut; Roods Tire Center 216.55-Su; Viaero Wireless 141.51-Se.

TOTAL: $  15,190.32.

 

A motion was made by Rankin, seconded by McMillen to approve and pay all claims as stated above.  Delinquent taxes were deducted where owing.  Roll Call:  Aye:  Rankin, McMillen, Winkelman.  Nay:  None. 

 

There was no correspondence to review.

 

The Board reviewed Monthly Fee Reports for the month of December for the Clerk, Clerk of the District Court and Highway Superintendent and for the month of November for the Sheriff.  These Reports were approved as presented. 

 

Brian Hiett, Weed Superintendent, presented the Annual Weed Report.  After a review and discussion, a motion was made by McMillen, seconded by Rankin to approve the Annual Weed Report as presented.  Roll Call:  Aye:  McMillen, Winkelman, Rankin.  Nay:  None. 

 

The appointments to the Planning and Zoning Commission were discussed.  The terms of members Pat Dorwart, Bill Sydow and Steve Treinen expired December 31, 2011.  After a discussion, a motion was made by Rankin, seconded by McMillen to reappoint Pat Dorwart, Bill Sydow and Steve Treinen to the Planning and Zoning Commission with their term to run from January 1, 2012 to December 31, 2014.  Roll Call:  Aye:  Winkelman, Rankin, McMillen.  Nay:  None. 

 

Next, the Board discussed the appointments to the Fairboard.  The terms of members Dick Burge, Sarah Deaver and Gerald Frerichs expired December 31, 2011.  After a discussion, a motion was made by McMillen, seconded by Rankin to reappoint Dick Burge, Sarah Deaver and Gerald Frerichs to the Cheyenne County Fairboard with their term to run from January 1, 2012 to December 31, 2014.  Roll Call:  Aye:  Rankin, McMillen, Winkelman.  Nay:  None. 

 

At 9:30 A.M., a motion was made by Rankin, seconded by McMillen to recess the Board of Commissioners and reconvene as the Board of Equalization.  Roll Call:  Aye:  McMillen, Winkelman, Rankin.  Nay:  None. 

 

Treasurer Diane Scott presented an Exemption Application for Tax Exemption on Motor Vehicles Owned by Qualifying Nonprofit Organizations for the Cheyenne County Hospital Association.  Kent Butts representing the Hospital Association was present.  The Hospital Association purchased a 2010 Chevrolet Impala LT VIN 2G1WB5EK2A1246462 on December 19, 2011.  The vehicle will be used for activities of Memorial Health Center including nursing, Home Health, physical therapy, community health, education and maintenance of properties owned by Memorial Health Center.  Treasurer Scott approved the exemption.  A motion was made by Rankin, seconded by McMillen to approve the tax exemption as requested.  Roll Call:  Aye:  Winkelman, Rankin, McMillen.  Nay:  None. 

 

At 9:40 A.M., a motion was made by Rankin, seconded by McMillen to adjourn the Board of Equalization and reconvene as the Board of Commissioners.  Roll Call:  Aye:  Rankin, McMillen, Winkelman.  Nay:  None. 

 

At 9:45 A.M., Chairman Winkelman declared the public hearing open. 

 

The Board reviewed and considered approval of an application from Gerhardt P. and Susan   L. Narjes for a 17.20 acre, 2 tract subdivision known as Narjes Second Subdivision.  Tract 1 will contain 2.18 acres and Tract 2 will contain 15.02 acres.  The parcel is located in the Northwest Quarter of Section 5, Township 12 North, Range 49 West of the 6th P.M., Cheyenne County, Nebraska.  Also, the Board reviewed an application to change the zoning on Tract 1 only from Agricultural to Residential Estate.  The zoning on Tract 2 will remain Agricultural.  On January 9, 2012, the County Planning and Zoning Commission approved the applications with the recommendation they be forwarded to the County Commissioners for final approval.  A motion was made by McMillen, seconded by Rankin to

adopt Resolution 2012-5 as above presented.  Roll Call:  Aye:  McMillen, Winkelman, Rankin.  Nay:  None.  A complete copy of the Resolution as adopted is on file at the Office of the County Clerk. 

 

Next, the Board reviewed an Application from Dean and Margaret Walker to rezone a 24.12 acre parcel of land from Residential Estate to Agricultural.  The land is located in the Southwest Quarter of Section 25, Township 14 North, Range 48 West of the 6th P.M., Cheyenne County, Nebraska and is also known as Booth’s Subdivision.  On June 6, 2011, the Commissioners adopted Resolution 2011-16 approving the subdivision and rezoning from Agricultural to Residential Estate.  This subdivision is used exclusively for agriculture.  On January 9, 2012, the County Planning and Zoning Commission approved the application to rezone the property from Residential Estate back to Agricultural with the recommendation it be forwarded to the County Commissioners for final approval.  A motion was made by Rankin, seconded by McMillen to adopt Resolution 2012-6 approving the rezoning request as presented.  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. 

 

Finally, the Board considered a request from the Nebraska Department of Roads (NDOR) for a Floodplain/Floodway Development Permit.  NDOR will be milling, widening and overlaying new asphalt on Highway 30 from Mile Marker 50 to 23rd Avenue in Sidney.  The highway work will go over the Deadwood Draw Bridge located east of the east entrance of the Cheyenne County Fairgrounds in the center of the Northeast Quarter of Section 36, Township 14 North, Range 50 West of the 6th P.M., Cheyenne County Nebraska.  On January 9, 2012, the County Planning and Zoning Commission approved the rezoning application with the recommendation it be forwarded to the County Commissioners for final approval.  A motion was made by McMillen, seconded by Rankin to adopt Resolution 2012-7 approving the Floodplain/Floodway Development Permit as requested.  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. 

 

At 10:00 A.M., Chairman Winkelman declared the public hearing closed.

 

At 10:05 A.M., Chairman Winkelman declared the public hearing open to discuss the vacation or abandonment of the alley adjoining Lots 3 and 4, Block 5, Booth’s First Addition to Sunol, Cheyenne County, Nebraska, and part of Lot 2 of Section 30, Township 14 North, Range 47 West of the 6th P.M., Cheyenne County, Nebraska described as follows:  Commencing at a point 420 feet east and 27.10 feet north of the Southwest corner of said Lot 2; running thence east 150 feet; thence north 100 feet; thence west 150 feet; thence south 100 feet to the point of beginning.  Present for the public hearing were County Attorney Paul Schaub, Highway Superintendent Tom Noel, Richard Bruns and Clinton and Burna Hodges.  A discussion followed.  A question was raised regarding the description of the property to be vacated or abandoned.  A motion was made by McMillen, seconded by Rankin to table the matter to the February 6, 2012 meeting.  Roll Call:  Aye:  McMillen, Winkelman, Rankin.  Nay:  None. 

 

Chairman Winkelman declared the public hearing closed at 10:35 A.M.

 

Scotts Bluff County Communications Director Ray Richards and Cheyenne County Communications Director Michell Kile presented a Lease between Nebraska Public Power District (NPPD) and Cheyenne County.  NPPD owns and operates a radio base station and microwave radios and maintains an antenna-supporting structure at Lodgepole, Nebraska.  The Lease allows Cheyenne County to place an antenna and coaxial radio frequency transmission line on the structure and the equipment will assist in County-wide radio communications for the Cheyenne County Sheriff’s Deputies.  County Attorney Schaub informed the Board that he had reviewed the Lease and it appeared to be in order.  A motion was made by Rankin, seconded by McMillen to approve the Lease.  Roll Call:  Aye:  Winkelman, Rankin, McMillen.  Nay:  None.

 

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

 

Charles E. Hall, Service Manager from Johnson Controls, Inc., presented a 5-year service agreement for the HVAC system at the Court House.  Building and Grounds Superintendent Roger Conley was present.  The previous agreement expired on January 31, 2012.  The term of the new service agreement will be from February 1, 2012 to January 31, 2017 and will continue under the same terms and conditions as the previous agreement.  The annual payment schedule is as follows:

 

2-1-12 to 1-31-13

$13,865.00

2-1-13 to 1-31-14

$14,281.00

2-1-14 to 1-31-15

$14,709.00

2-1-15 to 1-31-16

$15,150.00

2-1-16 to 1-31-17

$15,605.00

 

A motion was made by McMillen, seconded by Rankin to approve the 5-year Service Agreement with Johnson Controls, Inc., as presented.  Roll Call:  Aye:  Rankin, McMillen, Winkelman.  Nay:  None.      

 

There were no comments from the public.

 

There being no further business to come before the Board, the meeting was adjourned at 11:30 A.M., until the next regular meeting on February 6, 2012. 

 

Dated this 17th day of January 2012.

 

 

________________________________________

Harold G. Winkelman

 

 

________________________________________

Roy B. Rankin, Member

 

  

 

________________________________________

 

Kenneth A. McMillen, Vice Chairman

 

 

ATTEST:

 

 

_____________________________________

Beth E. Fiegenschuh, Cheyenne County Clerk