Friday, May 11, 2018
Martha Thersa Menke Faimon November 17 1926 to May 7, 2018
Wednesday, May 9, 2018
Cattle Thief in Court
Testimony started Monday in Red Cloud to disallow evidence in a case of alleged cattle rustling.
Hastings attorney, T. Charles James, Hastings attorney representing Austin A. Petr, 27, of rural Blue Hill filed a motion to suppress evidence on Jan. 8.
Petr faces a charge of theft by unlawful taking, value more than $5,000, which is a Class 2A felony punishable by up to 20 years in prison.
The single witness heard Monday was George Horton, chief investigator for the Nebraska Brand Commission. His cross-examination was cut short and will continue at the March hearing.
Horton testified that he was called by the Webster County Sheriff’s Office on Jan. 13, 2017, about a report of cattle being stolen.
He later received a call indicating the cattle had been possibly located at the Sutton Livestock auction barn at Sutton.
Horton testified on cross-examination that he saw it as a criminal investigation When he went to the barn to investigate
Petr had called the Sutton Livestock barn earlier and consigned 70 head of cattle to be sold. Horton testified he found 30 unbranded calves mingled with 40 head of branded cattle owned by Petr.
Of the 30 head of unbranded cattle mingled with Petr's branded cattle, 27 were shown by DNA to belong to Alan Johnson of Blue Hill. Johnson found the cattle missing when he went to his farm around 7:30 am and immediately reported the theft He had last seen the cattle at 5:30 the previous evening...
Johnson was alerted by friends that his cattle were at the Sutton Sale Barn and went there. He told Horton that he could identify his unbranded calves.
Horton testified that he and a deputy sheriff took Petr into a small store room during the investigation to talk to him. He said Petr's Miranda rights were not read to him because he wasn't under arrest..
In his suppression motion, James argues that the questioning of Petr amounts to custodial interrogation and Petr should have had his Miranda rights read to him and that law enforcement officers unlawfully seized the unbranded cattle and conducted a warrantless search to obtain hair samples used for DNA testing..
Horton testified that he impounded the 30 head of unbranded cattle and had a veterinarian collect the samples for testing. The samples were compared to Johnson’s herd, and 27 of the cattle matched.
Horton’s cross-examination will continue on March 12 at 3 p.m.
A pretrial hearing in another case has been set for March 14. Petr also faces seven counts of prohibited sale of livestock In Clay County District Court as well as a Class 3 felony punishable by up to four years in prison and a $25,000 fine. He pleaded not guilty to those charges on Sept. 13, 2017.
Tuesday, May 8, 2018
WEBSTER COUNTY BOARD OF COMMISSIONERS May 1, 2018
At 9:15am, Sharon Hueftle, Executive Director for South Central Economic Development District(SCEDD), met with the Board. Hueftle reviewed activities of the organization in Webster County over the last year. James Lounsbury, a Councilperson for the City of Blue Hill, described how SCEDD has assisted the city.
At 9:30am, James Lounsbury met with the Board to discuss a contract between the Webster County Sheriff and the City of Blue Hill. Sheriff Troy Schmitz was in attendance. Discussion was had on what duties the Sheriffs’s office will be and what the expectations of the City of Blue Hill are.
At 9:45am, Gene Horne, Red Cloud EMT, met with the Board to discuss L.B. 760 which entitles the Volunteer First Responders to a $250.00 tax credit. Horne reviewed the criteria that needs to be met to receive this credit. After discussion, motion was made by Karr, seconded by Shipman to sign the Annual Certification for the Volunteer Emergency Responders Incentive Act for 2016 and 2017. Upon roll call vote, all voted in favor. At 9:50am, Janet Knehans, Webster County Treasurer, met with the Board. Knehans presented RESOLUTION 11 – 2018: RESOLUTION 11 – 2018 BE IT RESOLVED, by the Board of Commissioners of Webster County, Nebraska, that SOUTH CENTRAL STATE BANK be permitted to Pledge the following securities, held in escrow by the Webster County Treasurer (trustee) to secure the deposits in the County in said bank, to wit: FHL BANK-TOPEKA IRREVOCABLE LETTER OF CREDIT #49990 AMOUNT: $2,500,000.00 EXPIRATION DATE: 04/19/2019 ADOPTED by the Webster County Board of Commissioners this 1 st day of May, 2018 Motion was made by Karr, seconded by Shipman, to approve RESOLUTION 11 – 2018. Upon roll call vote, voting in favor: Karr, Shipman, Bohrer, Reiher and Buschow. Voting no, absent or abstaining: none. Knehans presented to the Board a listing of the taxing Districts and how much each received from the Nameplate Capacity Tax that was collected for the last quarter of 2017. At 9:55am, Tami Scheuneman, Webster County Planning and Zoning Administrator, met with the Board. Scheuneman had discussed Zoning Regulation 501.03 “D” with the Webster County Attorney who recommended leaving the statute as is and handling each situation individually. The Board agreed to this. At 10:15am, Dan Schwartzkopf and Jason Boyd, Account Executives for Krull Agency, met with the Board. Several of the Department Heads/Elected Officials were also in attendance. Discussion was had concerning underwriting, pre-existing conditions, meeting deductibles and the Affordable Care Act. The decision was made to have each employee that is on the County health insurance to complete an Employee Health Application Form, submit them to Krull Agency for them to prepare a quote for the cost to the County. Discussion was had on the painting of the Extension office. After discussion, the project was awarded to Monica Schmitz. At 11:00am, Sheriff Troy Schmitz met with the Board to discuss the County Jail Budget for the remaining of the 2017/2018 Budget year. Even though the jail has generated more revenue than expected, due to a surplus of out of County Inmates and that added expense, Sheriff Schmitz expects to exceed the projected Budget. After discussion, Commissioner Karr suggested that $10,000.00 be transferred to the Jail Fund. This will be discussed at the May 15, 2018 meeting. Commissioner Karr left the meeting at 11:30am. At 11:15am, Debra Klingenberger, Webster County Clerk, presented General Assistance 2018-1. After discussion, motion was made by Bohrer, seconded by Shipman, to pay the request for payment of utilities totaling $184.39. Upon roll call vote, voting in favor: Bohrer, Shipman, Reiher and Buschow. Absent: Karr. Voting no or abstaining: none. At 11:55am, Jeff Kuhn, Road Maintenance Coordinator, rejoined the meeting and discussion resumed concerning purchasing of a dump truck. After discussion, motion was made by Karr, via teleconference, seconded by Shipman, to approve the purchase of a 2011 20yard Peterbilt dump truck for $68,500.00. Upon roll call vote, voting in favor: Karr, Shipman, Bohrer and Buschow. Voting no: Reiher. Absent or abstaining: none.
The following claims were approved for payment:
Wages for 4 part-time and 15 EMTS $6,002.37
General Fund
Ameritas Life Insurance Corp Retire $ 245.87
Anderson, Klein, Brewster & Brandt Counsel 901.86
Jordyn Atwater Expense 18.09
BDY Cabinets and More Repairs 369.45
Charm-Tex Inc Supply 109.08
Countryman Associates Audit 1,000.00
DAS State Accounting/Central Finance Fee 448.00
S.S Fica 278.66
Eakes Office Solutions Supply 1,215.29
Election Systems & Software Supply 66.06
Energized Electric, LLC Repairs 641.57
ERC Communications Contact 360.00
Farm & Home Publishers, LTD Plat Books 479.00
First Concord Benefits Group Health/Buy Down 1,412.10
First National Bank of Omaha Supply 32.09
Glenn Plumbing & Heating Repairs 94.67
Glenwood Phone 166.72
Great Plains Communications Phones 332.76
Marvin Hartman Expense 20.90
Troy Himmelberg Expense 35.07
Hometown Leasing Leases 2,339.43
Elizabeth Janning Expense 109.00
Jared’s Auto Expert Repairs 667.49
Carol Kumke Expense 133.18
Kustom Signals Inc. Equip 1,075.00
Jerry Langer Expense 20.90
Leaf Capitol Funding, LLC Lease 390.70
Lieske Law Firm Counsel 38.00
Jack McGuire Repairs 440.00
NE Assn of Co Ext BDS Dues 100.00
Neb Dept of Labor/Finance Inspections 48.00
Pierce Electronics Repairs 2,793.48
Red Cloud Chief Publish 231.27
City of Red Cloud Utility 1,383.59
Rene Rodriguez Expense 166.97
Bradley Schick Expense 245.80
Sequoia Consulting Group Fee 352.11
Rhoda Shurigar Fees 112.55
Skalka & Baack Law Firm Counsel 2,203.40
South Central Pub Power Dist Utility 24.80
Paul Stoner Expense 21.99
Sullivan Shoemaker P.C. L.L.O. Counsel 1,060.67
Theobald Law Office Counsel 1,045.00
Verizon Wireless Phone 47.34
Keith Waechter Expense 40.52
Watch Guard Supply 118.26
Webster County Court Crt Costs 47.00
Webster County Hospital Health Fees 1,160.00
Williams Exterminating, Inc Pest Control 88.00
Road/Bridge Fund
Ace/Eaton Metals Culverts 4,996.00
Bladen Sand & Gravel, Inc Gravel 13,178.57
City of Blue Hill Utility 109.10
Blue River Trucks Trailer 36,000.00
Central Community College Training 230.00
Country Corner Fuel 420.98
S.S. Fica 39.67
Energized Electric, LLC Utility 1,934.14
First Concord Benefits Group Health 500.00
Glenwood Telecommunications Phones 154.51
Great Plains Communications Phone 209.96
Michael Hunt Expense 23.63
Island Supply Welding Company Tools 296.85
J & A Auto Supply Repairs 556.37
John Deere Financial Repairs 137.79
LRNRD Rural Water Project Water 22.00
Meridian Agriculture Distribution Chemical 1,728.92
Monica Montgomery Postage 9.85
NCK Quarries, LLC Gravel 12,208.85
Nebraska Machinery Company Repairs 549.77
R & M Disposal, LLC Utility 33.00
South Central Pub Power Dist Utility 234.48
Windstream Phone 65.30
Road/Bridge Const Fund
JEO Consulting Group Fees 4,196.25
Van Kirk Contracting Culverts 135,377.42
Self-Insured Dental Fund
Kory L Bumgardner D.D.S. Dental 781.20
McCann-Carpenter Dental LLC Dental 113.00
Pediatric Dental Specialists Dental 362.00
RC Wilson & SA Wilson D.D.S, PC Dental 373.60
County Medical/Relief Fund
City of Blue Hill Utility 167.40
South Central Pub Power Dist Utility 16.99
Bridge Bond Fund
Union Bank & Trust Co. Admin. Fee 524.00
Noxious Weed Fund
Bostock Welding, LLC Repairs 65.50
Great Plains Communications Phone 47.48
Meridian Agriculture Distribution Chemical 137.20
Nebraska Weed Control Assn-Region Dues 15.00
Ambulance Fund
Central Community College Training 1,084.37
S.S. Fica 140.91
Matheson Tri-Gas Rental 202.83
Being no further business, Chairperson Buschow adjourned the meeting at 12:10pm. The next regular meeting will be held on Tuesday, May 15, 2018 at 8:30am. A current agenda and complete minutes are on file at the County Clerk’s office and at