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Board of Supervisor Minutes – September 29 & 30, 2015

BOARD OF SUPERVISORS MINUTES

September 29, 2015

 

A meeting of the Board of Supervisors of the County of Cuming, in the State of Nebraska was convened in open and public session at 9:00 a.m. on September 29, 2015, at West Point, Nebraska with Meister, Mutzenberger, Ross, Wiechman, Ott and Tichota, present; Sill absent.

 

Notice of the meeting was given in advance thereof by publication on the County Website and in the Wisner News Chronicle, legal newspaper for Cuming County, two of the County’s designated methods for giving notice, a copy of the agenda being attached to these minutes.  Notice of this meeting was given in advance to the members of the Board of Supervisors and a copy of their acknowledgment of receipt of notice and the agenda are attached to these minutes.  Availability of the agenda was communicated in the advance notice and in the notice to the County Board of Supervisors of this meeting.  The Chairman of the Board publicly stated to all in attendance that a current copy of the “Nebraska Open Meetings Act” was posted at the entrance to the meeting room and the pamphlet form of the act is available upon request.  All proceedings hereafter shown were taken while the convened meeting was open to the attendance of the public.

 

The following correspondence was received by the Board; activities reports from extension educators for August 16th to September 15th, letter from Ameresco regarding Statute 66-1062 – 1066 regarding renewable energy, letter of NDOR regarding new purchase rate increase, letter from NIRMA regarding law enforcement agency coverage and the 2014 Elkhorn Logan Valley Public Health Department Annual Report.  All documents are available for public inspection at the County Clerk’s Office.

 

  1.   MINUTES

A motion was made by Mutzenberger and seconded by Wiechman to approve the minutes of the last meeting as read. All present voted yea in favor of said motion.

 

  1.   REPORTS

After reviewing revenue reports from the County Sheriff ($1,667.45), Clerk of Dist. Court ($822.31), Roads (1,323.69), Zoning ($250.00), and County Clerk ($4,061.18), a motion was made by Wiechman and seconded by Ross to accept the reports and place on file.  Upon a roll call the vote resulted as follows; Meister, Mutzenberger, Ross, Wiechman, Ott and Tichota yeas; nays none; Sill absent; motion carried.

 

  1.  RECEIPTS

A motion was made by Ross and seconded by Meister to approve $426,431.91 of miscellaneous Treasurer’s receipts and place on file.  Upon a roll call the vote resulted as follows; Meister, Mutzenberger, Ross, Wiechman, Ott and Tichota yeas; nays, none; Sill absent; motion carried.

 

  1. CONDITIONAL USE PERMIT 2015012

At 10:00 a.m. Chairman Tichota opened a public hearing to consider a request from Gerald Brunnert to separate an existing farmstead in Section 23 T22N R5E. No one was present to object to the permit which was recommended for approval by the planning commission and zoning administrator.  A motion was made by Ott and seconded by Meister to approve conditional use permit #2015012.  Upon a roll call the vote resulted as follows; Wiechman, Meister, Mutzenberger, Ross, Ott and Tichota, yeas; nays, none; Sill absent; motion carried.

 

  1. REVIEW ROAD DEPARTMENT MONTHLY ACTION REPORT AND REVIEW A WORK PERMIT

Chris Howser was present to update the Board on the progress his department had made during the last month.  He also presented an application for a permit to perform work on public right-of-way from Mid-states Data Transport.  The permit would allow fiber optic line to be buried on County Road H from 18th Road to 25th Road.  A motion was made by Mutzenberger and seconded by Wiechman to authorize the Chairman to sign the permit.  Upon a roll call the vote resulted as follows; Wiechman, Meister, Mutzenberger, Ross, Ott and Tichota, yeas; nays, none; Sill absent; motion carried.

 

  1. BANCROFT SENIOR CITIZENS DINKLAGE GRANT

Bancroft Senior Citizens presented an application for $1103.00 to make improvements to the building. A motion was made by Mutzenberger and seconded by Ott to forward the application from Bancroft Senior Citizens Center to the Dinklage Foundation.  All present voted yea in favor of said motion.

 

  1. RESOLUTION 20150903 – FLEXIBLE BENEFITS PLAN AND THE SUMMARY PLAN DESCRIPTION

After review of the Cuming County Flexible Benefits Plan and the Summary Plan Description, Supervisor Mutzenberger, with a second by Supervisor Ott, moved the passage of Resolution 20150903, a resolution to adopt the amended Cafeteria Plan as presented.  Upon a roll call the vote resulted as follows; Wiechman, Meister, Mutzenberger, Ross, Ott and Tichota, yeas; nays, none; Sill absent; motion carried.  (A complete copy of Resolution 20150903 can be found in Resolution Record #1 Page 122).

 

  1. RESOLUTION TO TRANSFER FUNDS TO BALANCE E911 EQUIPMENT FUND

Because the Board is waiting for the official paperwork from the Public Service Commission audit, no action was taken by the Board regarding balancing the E911 Equipment Fund.

 

  1. RECESS AS A BOARD OF SUPERVISORS

At 11:00 a.m. a motion was made by Sill and seconded by Mutzenberger to recess as a Board of Supervisors and convene as a Board of Equalization.  All members present voted yea in favor of said motion.

 

  1. ALEXIS BURDA DINKLAGE APPLICATION

At 11:20 a.m. the Board reconvened as a Board of Supervisors to review a Dinklage Application presented by Alexis Burda for $10,000.  The funds, if granted, would be used to build a dog park in Beemer.  Burda is working on a Girl Scout Gold Award and selected the dog park as her community project.  After review, a motion was made by Ott and seconded by Tichota to forward the Burda application to the Dinklage Foundation.  Upon a roll call the vote resulted as follows; Wiechman, Meister, Mutzenberger, Ross, Ott and Tichota, yeas; nays, none; Sill absent; motion carried.

 

  1. AGREEMENTS WITH THE NEBRASKA DEPARTMENT OF ROADS

Two agreements were presented to the Board for execution.  The agreements would allow the County Surveyor to tie-out and re-establish monuments for road projects STP-51-6(105) and AFE-C015.  A motion was made by Mutzenberger and seconded by Ross to authorize the Chairman to sign the agreements with the Nebraska Department of Roads.  Upon a roll call the vote resulted as follows; Wiechman, Meister, Mutzenberger, Ross, Ott and Tichota, yeas; nays, none; Sill absent; motion carried.

 

  1. RESOLUTION 20150904 – NEBRASKA REGIONAL INTEROPERABILITY NETWORK

Supervisor Mutzenberger, with a second by Supervisor Wiechman, moved the passage of Resolution 20150904; a resolution to join the Nebraska Regional Interoperability Network.  Upon a roll call the vote resulted as follows; Wiechman, Meister, Mutzenberger, Ross, Ott and Tichota, yeas; nays, none; Sill absent; motion carried.  (A complete copy of Resolution 20150903 can be found in Resolution Record #1 Page 123).

 

  1. INVENTORIES

A motion was made by Meister and seconded by Mutzenberger to approve the inventories presented by the Economic Development/Zoning Department and St. Charles Township.  Upon a roll call the vote resulted as follows; Wiechman, Meister, Mutzenberger, Ross, Ott and Tichota, yeas; nays, none; Sill absent; motion carried.

 

  1.  APPROVE CLAIMS

A motion was made by Mutzenberger and seconded by Wiechman to approve the following claims; General payroll and reimbursements $112,168.89; Road payroll $41,784.19; Economic Development payroll & reimbursements $8,537.27; E911 payroll & reimbursements $19,855.59; Lincoln Financial 2371.99 co share supplemental ins, Ameritas Life Ins. 7761.18 co share retire, CC Clerk Insurance Account 2746.12 co share ins, F&M Bank 8255.46 co share soc sec, Adams Co. Sheriff 18.50 mental health bd expenses, Appeara 62.98 supplies, AS Central Services 52.00 supplies, Barone Security 615.26 repairs, Chris Beutler 19.90 mileage, Black Hills Energy 243.04 utilities, Chris Bowers 1000.00 consulting fees, Daniel Bracht 4824.41 reimb, Kevin Brester 18.06 mileage, Cardmember Serv 1034.02 equip, supplies, travel expenses, Central Valley Ag 131.14 fuel, CenturyLink 1559.58 utilities, City of West Point 9508.98 solid waste, City of West Point 150.00 rent, City of Wisner 3462.16 solid waste, Clerk of District Ct 335.00 court costs, Colfax Co. Court 2.25 copies, Consolidated Plastics Co. 1006.21 supplies, Continental Research Corp 348.58 ground care supplies, Cuming Co. Clerk 9.26 reimb, Cuming Co. Court 283.00 court costs, Cuming Co. Sheriff 21.39 postage, Cuming Co. Historical Society 200.00 mowing cemetery, Dell Marketing 239.98 supplies, Dodge Criterion 33.41 publ, Duane Drieling 10.81 mileage, Elite Computers 7.00 supplies, Les Feyerherm 18.40 mileage, Franciscan Care Services 439.00 blood tests, Rick Fullner 15.64 mileage, Graybeals 1.59 supplies, Greatamerica Financial 163.00 equip lease, Nebr. HHS 93.00 institutional care, Jordan Howell 5.00 training expenses, Howells Journal 15.92 publ, Tim Hunke 4.26 mileage, III Corps Clerk 23,000.00 drug program, Jack’s Uniforms 102.78 supplies, Rick Jacobs 18.17 mileage, Johnson & Mock 802.50 ct apnt atny, Russell Kreikemeier 4266.50 ct apnt atny, Madison Co Sheriff 3078.29 prisoner bd, Madison Co Dist Ct 50.00 mental health bd, Microfilm Imaging 59.00 microfilming, MIPS 2692.32 computer support, Judy Mutzenberger 59.80 mileage, NE Public Health Envir Lab 105.00 blood test, NENACO 150.00 reg fees, Sean Linder 84.96 repairs, NE Juvenile Services 1305.00 inmate bd, Nye Technology 95.00 supplies, O’Keefe Elevator 1192.20 repairs, Oakland Independent 63.41 publ, Office Systems 133.00 maint, Val Olson 146.25 court reporting, Leslie Ott 73.60 mileage, Pender Comm Hospital 254.00 inmate care, Pender Times 21.48 publ, Peterson Body & Paint 84.70 repairs, PetroMart 1048.74 fuel, Quality Inn & Suites 207.00 lodging, Quality Printing 760.40 supplies, Redfield & Co 280.43 supplies, Region IV Mental Health 5189.50 qrtly payment, John Ross 73.03 mileage, Rustler Sentinel 20.20 publ, Sarpy Co Court 3.25 copies, Jesse Schold 10.27 mileage, Debra Schroeder 240.74 travel expenses, Sirchie Fingerprint Lab 135.19 supplies, Smidt Sanitation 45.00 serv, Daniel Smith 652.50 ct apnt atny, Alvin Sorensen 17.25 mileage, Brian Sorensen 19.11 mileage, Stan Ortmeier 39.95 repairs, Stratton, Delay & Doele 661.20 ct apnt atny, Teeco 131.35 supplies, Telebeep Cellular 105.22 serv, Thurston Co Sheriff 1500.00 inmate bd, Clarence Tichota 119.60 mileage, Tim’s Sinclair 49.47 fuel, Time Clock Deals 34.72 serv, Trane US 1125.81 repairs, Verizon Wireless 254.42 serv, Village of Bancroft 783.12 solid waste, Village of Beemer 890.50 solid waste, Glen Vollmer 18.40 mileage, Wagner Tire & Repair 367.22 fuel & tire repairs, West Point Home Center 54.07 supplies, West Point Light & Water 3039.89 utilities, West Point News 500.34 publ & supplies, Western Office Tech 11.49 supplies, Glen Wiechman 15.53 mileage, Wisner News Chronicle 143.34 publ, Yosten True Value 164.11 supplies,  Total General Fund $103,637.80; Ameritas Life Ins. 2820.42 co share retire, F&M Bank 3066.08 co share soc sec, Asphalt & Concrete Materials 2039.90 asphalt, Auto Value 4.69 supplies, Black Hills Energy 72.10 utilities, Bomgaars 228.52 supplies & tools, Cardmember Serv 13.48 postage, Central Valley Ag 98.02 fuel, CenturyLink 209.16 serv, Chemsearch 205.22 supplies, City of Wisner 110.52 utilities, Constellation New Energy 24.05 utilities, Conway’s Corner 25.02 fuel, CCPPD 292.35 utilities, Danko 30,559.00 truck, Equipment Services Inc 788.73 parts & labor, Farmers Pride 2711.74 fuel, Great Plains 161.44 utilities, Kimball Midwest 333.06 supplies, Medical Enterprises 31.00 CDL testing, Midwest Service 414.25 signs, Murphy Tractor 107.70 parts, NMC Exchange 5812.80 grader blades, Daniel Niemeyer 44.08 fuel, NENACO 25.00 reg fee, S&S Willers 347.72 gravel, Quality Printing 27.32 supplies, Sapp Bros 4530.09 fuel, Marvin Siebrandt 4221.46 gravel, Skywave Wireless 42.95 serv, Smidt’s Sanitation 50.00 serv, Stalp Gravel 46208.07 gravel, Stigge Machine 150.81 parts, Tim’s Sinclair 3780.42 fuel, Time Clock Deals 15.12 serv, Verizon Wireless 234.62 serv, Wagner Tire 1383.08 fuel, West Point Home Center 10.99 supplies, West Point Light & Water 375.47 utilities, West Point News 200.88 publ, West Point Travel Plaza 489.65 fuel, Wisner Auto Parts 98.56 repairs, Wisner News Chronicle 17.26 publ, Wisner True Value 27.99 chemicals, Yosten True Value 8.74 supplies,  Total Road Fund $112,419.54; GACC 464.00 Dinklage Grant, Total Special Projects $464.00 ; John G Neihardt Found 500.00 grant, Kearney Visitors Bureau 131.23 reg fee, Maly Marketing 1944.67 adv,  Total Lodging Tax Fund $2,575.90; MIPS 275.70 computer support, Total Reg of Deeds Fund $275.70; Glenn Ernesti Estate 8193.55 reimb, Evelyn Schlueter Estate 7014.03 reimb, Total Inheritance Tax Fund $15,207.58; Ameritas Life Ins. 574.50 co share retire, F&M Bank 650.82 co share soc sec, August Ash Inc. 210.37 website expenses, Bankers Advertising Co. 559.45 adv, Beemer Community Club 90.00 adv,  Cardmember Service 984.20 adv & travel expenses, Grandma’s Attic 42.00 supplies, Mels Small Engine 5000 Nielsen Grant, NE Nebr RC&D 40.00 training expenses, Peterson Body & Paint 115.00 adv, Quality Printing 307.98 adv, Skywave Wireless 500.80 website expenses, West Point News 605.50 adv, Total Economic Development Fund $9,680.62; Ameritas Life Ins. 1340.25 co share retire, F&M Bank 1494.41 co share soc sec, AS Central Finance 448.00 teletype serv, CenturyLink 1336.07 serv, Engelhardt TV 1210.00 tower rent, Great Plains Comm 68.62 serv, NESCA 95.00 reg fee, Nebr APCO/NENA 119.00 reg fee, Ramada Inn 74.00 lodging, Time Clock Deals 12.96 fees, Village of Beemer 1500.00 pagers, West Point News 25.90 publ, Total E911 $7,724.21.  Upon a roll call the vote resulted as follows; Mutzenberger, Meister, Ross, Ott, Wiechman and Tichota, yeas; nays none; Sill absent; motion carried.

 

The Board agreed to recess until the following morning and reconvene at 9:00 a.m. in the Nielsen Community Center to conduct a public hearing to consider adopting amendments to the Comprehensive Plan and adopting revised Zoning Regulations.

 

September 30, 2015

 

The Board met at 9:00 a.m. at the Nielsen Community Center in West Point, NE, pursuant to the previous day’s business, with all members present.  The Chairman stated that a current copy of the “Nebraska Open Meetings Act” is posted at the entrance to the meeting room and a pamphlet form of the act is available upon request.  He then welcomed members of the public in attendance, which were approximately 20 citizens.

 

Chairman Tichota then asked for a motion to open a public hearing to review amendments to the Comprehensive Plan.  A motion was made by Mutzenberger and seconded by Meister to open the public hearing to review amendments to the Comprehensive Plan.  Upon a roll call the vote resulted as follows; Meister, Mutzenberger, Ross, Sill, Wiechman, Ott and Tichota, yeas; nays none; motion carried.

 

Garry Clark, Zoning Administrator, discussed three places in Chapter Five of the current Comprehensive Plan in which the language refers to a 40 acre minimum lot size in the AG1 District.  After review, Chairman Tichota asked for comments from the public.  Marian Metzger was present with comments, but withdrew her comment which pertained more to the Zoning Regulations.

 

With no additional comments from the public, Chairman Tichota asked for a motion to close the public hearing.  As a result, a motion was made by Mutzenberger and seconded by Wiechman to close the public hearing.  Upon a roll call the vote resulted as follows; Meister, Mutzenberger, Ross, Sill, Wiechman, Ott and Tichota, yeas; nays none; motion carried.

 

Chairman Tichota, then asked for the Board to consider adopting Resolution 20150906; a resolution to adopt the amendments to the Cuming County Comprehensive Plan.  As a result, Supervisor Sill, with a second by Supervisor Mutzenberger, moved the passage of Resolution 20150906. Upon a roll call the vote resulted as follows; Meister, Mutzenberger, Ross, Sill, Wiechman, Ott and Tichota, yeas; nays none; motion carried.

 

Next, Chairman Tichota asked for a motion to open a public hearing to hear support, opposition, criticism, suggestions or observations from the public on the revised Zoning Regulations.  Supervisor Sill, with a second from Supervisor Ott, made a motion to open the public hearing to review the revised zoning regulations.  Upon a roll call the vote resulted as follows; Meister, Mutzenberger, Ross, Sill, Wiechman, Ott and Tichota, yeas; nays none; motion carried.

 

Garry Clark presented a power point presentation regarding the significant changes to the draft zoning regulations as presented at the planning commission public hearing.  Along with the power point presentation and amendments approved for adoption by the planning commission, Clark also presented additional changes to article 14 and article 15.  The changes were discussed by the technical committee after comments from the planning commission public hearing on September 15th.  If adopted, the change would reword a portion of sections 14.03 and 15.03 for clarification purposes.

 

Chairman Tichota then asked for comments from the public.  Marian Metzger asked the Board to consider reducing the minimum lot size to 5 acres in an AG1 District.  Her reason for the request is the cost to construct a new acreage when you consider the price of land,  a septic system and a well.  She stated the combined cost is too high for a young family to build in rural Cuming County.  Jerry Reimers, resident of Dodge County, who has paid taxes in Cuming County for many years, made comments regarding his objection to design standards for a dwelling.  He also objected to the whole zoning concept.  West Point Chamber Director, Tina Biteghe Bi Ndong, thanked the Board of Supervisors and planning commission for the hard work they did to protect agriculture, which is the main economy of the county.  Mark Iden had questions regarding the overlay district which will be discussed more thoroughly during the process to adopt a new zoning map.  Paul Meyer, Chairman of the planning commission, made comments regarding existing acreages and the reasons the work group committee would like to see the inhabitable acreages revert back to bare ground.

 

After no further comments from the public, Chairman Tichota asked consideration of the passage of Resolution 20150907; a resolution to adopt the revised zoning regulations with presented amendments.  Supervisor Mutzenberger, with a second by Supervisor Sill, moved the adoption of Resolution 20150907.  Before Tichota asked for a roll call vote, he asked members of the Board if they would like to comment.  Supervisor Ross stated his objection to the setback for new dwellings from LFOs in an AG1 district.  With no more comments from the Board, Tichota asked for a roll call vote. Upon a roll call the vote resulted as follows; Meister, Mutzenberger, Sill and Tichota, yeas; nays Ross, Wiechman and Ott; motion carried.

 

There being no more business, the board agreed to adjourn and reconvene on October 13, 2015 at 11:30 a.m.  The agenda kept current in the office of the county clerk and on the website (www.cumingco.com).

 

 

 

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County Clerk                                                                   Chairman

 

 

 

 

 

 

 

 

 

 

 

Cuming County

West PointBeemerWisnerBancroft

NEBRASKA