Wednesday, September 5, 2018
Leona Mae Wittfoth Kumke February 1, 1929 to August 29, 2018
Lenora Mae Wittfoth Kumke, daughter of Frederick William Wittfoth and Rixte (Hemmen) Wittfoth, was born Feb. 1, 1929, at home in the Freewater School District south of Wilcox in Harlan County. She was baptized on March 20, 1929, by Pastor T. Seinkeisen. On May 28, 1944, Lenora was confirmed by Pastor A. G. Trost at St. Paul Lutheran church in Hildreth.
Lenora died at the age of 89, Wednesday August 29th, at the Blue Hill Care Center in Blue Hill. Funeral services were held Monday September 3, 2018 at the Trinity Lutheran Church in Blue Hill. Rev. Jeffrey Kuddes officiated. Burial was in the Blue Hill Cemetery.
Lenora attended rural elementary school in Harlan and Franklin counties and graduated from Hildreth High School in Hildreth on May 14, 1946.
She attended Kearney State Teachers’ College during the summer of 1946 and received a 3rd Grade Elementary teaching certificate. She continued her education during the summer months and attained the Nebraska Initial General Elementary certificate, the Provisional General Elementary certificate and the Nebraska Junior Elementary certificate. She also obtained a two year college diploma from KSTC.
She taught for 13 years in rural schools: Lynce District #59, Pleasant View District #36, Smokey Hill District #17, Blake District #62, Ferguson District #31. After getting her two year diploma she taught grades six, seven, and eight in the Upland Elementary School.
Lenora worked for Kumke Construction, Dutton Lainson, and the Blue Hill Leader before retiring in 1996.
Lenora Mae Wittfoth was married to Duane Fredrick Kumke June 14, 1957 at St. Paul Lutheran church in Hildreth. Their first home was in Campbell where they were members of Trinity Evangelical Lutheran church.
They had three children, Mariann, Mark and Janet. They loved in Minden, Campbell and since 1966 in Blue Hill Her husband, Duane, passed away Dec. 15, 2007.
Lenora was a member of Blue Hill Trinity Lutheran church and LWML, and was a volunteer for Meals on Wheels and the Bloodmobile.
Preceding her in death were her parents; her husband, Duane; daughter, Mariann; sister and brother-in-law, Ruth and Lee Johnson; brother, William Wittfoth; brothers and sisters-in-law, Delton and Mabel Kumke, Loren and Alice (Kumke) Waterbury, Orville and Joan (Kumke) Kuhlman, and Raymond Kumke.
Survivors are her son and daughter-in-law, Mark and Karen Kumke of Blue Hill; and her daughter and son-in-law, Janet and Daniel Lonowski of Hastings; sister-in-law, Wanda (Raymond) Kumke of Hastings; and brother and sister-in law, Jim and Lorna (Kumke) Dealey of Grand Island; seven grandchildren, Emilee (Lonowski) and Carter Pratt of Gretna, Nicholas Lonowski and Brock Kumke of Blue Hill, Kaitlin Kumke and Rick McEntee of Burr Oak, KS, Hailey Lonowski and Hannah Lonowski of Hastings, Derek and Jillian Lonowski of Kearney; two great-grandsons, Miles and Holden Pratt of Gretna; great-granddaughter, Kinsley McEntee of Burr Oak, KS; and numerous nieces and nephews.
Tuesday, August 14, 2018
WEBSTER COUNTY BOARD OF COMMISSIONERS August 7, 2018
The following Board Members were present for roll call: Dan Shipman (District One), Trevor Karr (District Two), Roger Bohrer (District Three), Keith Buschow (District Four) and JoAnn Reiher (District Five). The Board stood and recited the Pledge of Allegiance to the Flag. Chairman Buschow gave notice of the Nebraska Open Meetings Act Laws. Motion was made by Bohrer, second by Reiher, to approve the minutes of the July 17, 2018 meeting.
Upon roll call vote, voting to approve the minutes: Bohrer, Reiher, Shipman, Karr, and Buschow. Voting no, absent or abstaining: none.
At 8:35am, Jeff Kuhn, Road Maintenance Coordinator, met with the Board.
Kuhn reported that the transportation van is listed to sell on Big Iron. The used culverts will be collected at the Cowles Yard, advertised and sold at the iron price of the day plus 10%.
Kuhn shared a letter concerning a fence that was damaged by road crew while clearing trees from a fence that is on the County right-of-way.
After discussion, the Board approved of a letter to reply to that complaint. Inspections of trees along County roadways are being done. Times will be set up with land owners to discuss issues. The road crews will be working on mowing roadsides. Projects #522 and #627 have been completed. Kucera Excavating will be completing Project #630. Van Kirk Construction will be starting on Project #651. Lance Harder, Webster County Highway Superintendent, met with the Board to discuss the concrete testing being done on Project #647. Harder presented plans for Project #579 which is a low water crossing. After discussion, motion was made by Shipman, seconded by Karr, to approve RESOLUTION 24 – 2018: RESOLUTION 24 – 2018
WHEREAS, on the 7th day of August, 2018, Webster County Board of Commissioners met in regular session; and WHEREAS, this segment of Road F between Road 1800 and Road 1900 has a State Functional Classification of Minimum Maintenance; and WHEREAS, the current Rules and Regulations of the Board of Public Roads Classifications and Standards allow for 35 mph design speed with reference to Section 001.03P of the Standards; and WHEREAS, for Project Number C91-579, it is in the best interest of the public to relax the standards to allow for 20 mph design speed; THEREFORE, BE IT RESOLVED, by the County Board of Webster County, Nebraska, to request the Board of Public Road Classifications and Standards approve the relaxation of standards. Upon roll call vote, voting in favor: Shipman, Karr, Reiher and Buschow. Absent: Bohrer Voting no or abstaining: none. Chairman Buschow signed RESOLUTION 24 – 2018.
Motion was made by Shipman, seconded by Karr, to approve RESOLUTION 25 – 2018: RESOLUTION 25 – 2018
WHEREAS, on the 7th day of August, Webster County Board of Commissioners met in regular session; and WHEREAS, this segment of Road F between Road 1800 and Road 1900 has a State Functional Classification of Minimum Maintenance; and WHEREAS, the current Rules and Regulations of the Board of Public Roads Classifications and Standards allow for Low Water Crossings to be constructed but shall be submitted to the Board of Public Roads Classifications and Standards for review prior to construction with reference to Section 001.03P of the Standards; and WHEREAS, for Project C91-579, it is in the best interest of the public to construct a Low Water Crossing; THEREFORE, BE IT RESOLVED by the County Board of Webster County, Nebraska, to request the Board of Public Road Classifications and Standards approve the request for construction of a Low Water Crossing. Upon roll call vote, voting in favor: Shipman, Karr, Reiher and Buschow. Absent: Bohrer. Voting no or abstaining: none. Chairman Buschow signed RESOLUTION 25 – 2018. Kuhn presented a Change Order, Certificate of Substantial Completion and Contractor’s Application for Payment for Project #C91(35) and C91(637). Motion was made by Shipman, seconded by Karr, to approve these documents. Upon roll call vote, voting in favor: Shipman, Karr, Reiher and Buschow. Absent: Bohrer. Voting no or abstaining: none Project #651 will be added to the One Year Plan. Motion was made by Bohrer, seconded by Reiher, to approve RESOLUTION 26 – 2018: RESOLUTION 26 – 2018 WHEREAS, The 2018-2019 County Budget provided for the transfers of funds in the total of $300,000.00 from the Inheritance Fund to the County Road Construction Fund (#800); WHEREAS, Sufficient funds are available in the County Treasurer’s Inheritance Fund (#2700) to allow for this transfer; WHEREAS, There are pending bridge replacement projects that require funding; WHEREAS, There is sufficient cash balance in the Inheritance Fund to make the transfer of the aforesaid budgeted amount for the current fiscal year; BE IT RESOLVED, By the Board of Commissioners of Webster County, Nebraska, that $300,000.00 be transferred from the Inheritance Fund (#2700) to the Road Construction Fund (#800) pursuant to the requirements set forth in the 2018-2019 County Budget. BE IT FURTHER RESOLVED, That the above designated transfer of funds shall be made by submitting a claim from the Inheritance Fund Account (2700-990-7.0206 Expense) and issuing an Imprest Check to the Road Construction Fund (0800-590.03 Revenue). Upon roll call vote, voting in favor: Bohrer, Reiher, Shipman, Karr and Buschow. Voting no, absent or abstaining: none. Chairman Buschow signed RESOLUTION 26 – 2018. Because of Budget restrictions, the Road Department will be doing more road maintenance, not designing construction projects. Commissioner Buschow commented that Road 200 between Road X and Z needs maintained. Debra Klingenberger, Webster County Clerk, presented RESOLUTION 27 - 2018: RESOLUTION 27 – 2018 APPROVAL OF PLEDGES SECURITIES BE IT RESOLVED, by the Board of Commissioners of Webster County, Nebraska, that SOUTH CENTRAL STATE BANK be permitted to Pledge the following security, held in escrow by the Webster County Clerk (trustee) to secure deposits in the County in said bank, to wit: FHL BANK-TOPEKA IRREVOCABLE LETTER OF CREDIT #51242 AMOUNT: $100,000.00 EXPIRATION DATE: 07/24/2019 Motion was made by Karr, seconded by Reiher, to approve RESOLUTION 27 – 2018. Upon roll call vote, voting in favor: Karr, Reiher, Shipman, Bohrer and Buschow. Voting no, absent or abstaining: none. Chairman Buschow signed RESOLUTION 27 – 2018. At 9:15am, Janet Knehans, Webster County Treasurer, met with the Board. Knehans presented the Webster County Treasurer’s Semi-Annual Statement for January 1, 2018 thru June 30, 2018. Knehans will be preparing for ten County Tax Sales.
At 9:25am, Sonja Krueger, Webster County Assessor, met with the Board. Discussion was had on repairs to the 2005 Mazda Tribute. The cost of the repairs is $732.38. After discussion, the decision was made to do the repairs. Krueger presented the 2019 Plan of Assessment for Webster County which included the 2019 Review Cycle. Krueger estimates the Webster County valuation to be $1,057,755,843.00. Krueger presented the Board with the Statutes pertaining to the funding for the Agricultural Society. Krueger presented the 2018 Webster County Cemetery List.
At 9:50am, Sarah James, Account Manager for Lutz, met with the Board. James presented a proposal to the Board for preparation of the 2018/2019 Webster County Budget. After review of the proposal, Chairman Buschow signed an Engagement Letter.
At 10:10am, the Board recessed for a break. The Board reconvened at 10:30am with 5 members present.
At 10:30am, Tami Scheuneman, Planning and Zoning Administrator, met with the Board. Tami presented the revised Comprehensive Plan. The Joint Planning Commission will hold a Public Hearing on September 6, 2018. Scheuneman shared the resignation of Shannon Schriner from the Joint Planning Commission. Motion was made by Bohrer, seconded by Reiher, to appoint Scott Schmidt to the Joint Planning Commission. Upon roll call vote, voting in favor: Bohrer, Reiher, Shipman, Karr and Buschow. Voting no, absent or abstaining: none.
At 10:30am, discussion was had concerning approval of the 2018/2019 Webster County Agricultural Association Budget. The request was $74,847.77. Rob Wilson, Vice-President of the Webster County Agricultural Association Board shared that the money is used for 4H, FFA and Open Class premiums, improvements to our fairgrounds, supplies, advertising and other operating expenses. Motion was made by Bohrer, seconded by Shipman, to approve this budget. Upon roll call vote, voting in favor: Bohrer, Shipman, Karr, Reiher and Buschow. Voting no, absent or abstaining: none.
At 10:45am, Dennis VanWey, Noxious Weed Superintendent, and Paul Moyer, Inspector for the Southeast Region of Nebraska for the Department of Agriculture Animal/Plant Health Protection Division, met with the Board. Moyer outlined the responsibilities of the Nebraska Weed Control Association and the local Weed Control Authority. Moyer reviewed the reports and requirements that counties have to submit. These reports include inspections, office evaluation, various county reports and continuing education. Moyer commented that with the Webster County Board of Commissioners committing to force control of weeds, it has decreased the noxious weeds in the County. He reported that VanWay has done an excellent job in keeping up with reporting, paperwork and continuing education.
At 11:00am, Tony Martin and Philip Jensen, Great Plains Communication, presented a proposal to replace the existing phone system in the Courthouse. After discussion, this was tabled to the August 21, 2018 meeting.
At 12:15pm, the Board recessed for lunch.
The meeting resumed at 1:00pm with all members present. Discussion concerning the 2018-2019 Webster County Budget was had. Debra Klingenberger, Webster County Clerk, presented the proposed budget for Clerk, Register of Deeds and Elections.
Janet Knehans, Webster County Treasurer, met with the Board to present the budget request for the Treasurer’s office.
Sonja Krueger, Webster County Assessor, met with the Board to present the budget request for the Assessor and the Appraiser offices.
Troy Schmitz, Webster County Sheriff, presented the Budget Request for the Sheriff’s office and the jail.
Jeff Kuhn, Road Maintenance Coordinator, presented the Budget Request for the Road Funds.
The Board reviewed proposed budgets for the following funds: County Board, Planning and Zoning, Building and Grounds, Fund Transfers, Miscellaneous, Dental, Medical/ Relief and Grant Expense funds.
The following claims were approved for payment:
Wages for 6 part-time employees and 12 EMTS $12,397.53
General Fund
Adams County Clerk Funding $ 2,539.00
Christa Alber Expense 46.27
Ameritas Life Insurance Corp Retire 543.89
Anderson, Klein, Brewster & Brandt Counsel 399.00
Black Hills Energy Utility 85.48
Blue Hill Leader Publish/Subscription 123.15
Clay County Sheriff’s Dept Housing 315.00
Cooperative Producers, Inc Fuel 1,603.27
DAS State Accounting/Central Finance Fees 225.52
DAS State Accounting/Central Finance Fee 448.00
Dell Marketing, L.P. Supply 305.98
S.S. FICA 691.82
Eakes Office Solutions Supply 449.48
Election Systems & Software Ballots 2,009.10
Energized Electric, LLC Repairs 150.00
First Concord Benefits Group Health 1,160.02
First National Bank Omaha Support/Lodging 288.77
Franklin County Memorial Hospital Medical 337.00
Glenwood Fee 10.00
Great Plains Communications Phones 160.25
Hanna: Keelan Associates, P.C. Fee 5,000.00
Marvin Hartman Expense 20.90
Troy Himmelberg Expense 35.07
Hometown Market Supply 800.41
J & A Auto Supply Supply 8.78
Elizabeth Janning Expense 196.20
Jared’s Auto Expert Repairs 1,163.94
Kenny’s Lumber & Home Center Repairs 99.56
Carol Kumke Expense 19.62
Jerry Langer Expense 20.90
Leaf Capitol Funding, LLC Lease 424.45
Lieske Law Firm Counsel 173.00
Mips, Inc Support 2,159.97
Neofunds By Neopost Postage 1,000.00
NIRMA Training 390.00
NSA/Poan Conference Fund Training 100.00
Ray O’Herron Co., Inc. Supply 702.32
R & M Disposal, LLC Utility 130.00
Red Cloud Chief Publishing 125.91
City of Red Cloud Utility 2,216.53
Bradley Schick Expense 160.78
Skalka & Baack Law Firm Counsel 2,366.40
Abbey Skarin Expense 24.42
Paul Stoner Expense 21.99
Theobald Law Office Council 4,672.90
Thomson Reuters- West Supply 305.00
US Foods/The Thompson Co. Supply 493.59
Ken Van Wey Repairs 975.00
Verizon Wireless Phones 248.16
Village Pharmacy Medical 206.89
Keith Waechter Expense 40.52
Web Co Clk of Dist Court Fees 126.00
Web Co Sheriff-Petty Cash Fund Petty-Cash 19.00
Webster County Court Crt Costs 254.00
Webster County Hospital Testing 62.00
Wiliiams Exterminating, Inc Pest Control 88.00
Woodward’s Disposal Service Utility 35.00
Road/Bridge Fund
Ameritas Life Insurance Corp Retire 531.58
B-3 Dirt, LLC Main 1,976.00
Black Hills Energy Utility 44.25
Bladen Sand & Gravel, Inc Gravel 33,391.27
Village of Bladen Utility 53.93
City of Blue Hill Utility 79.30
Cencon of Kansas Utility Contracts Rock 81.38
Century Lumber Center Supply 2.38
Cooperative Producers, Inc Fuel 1,454.41
Country Corner Fuel 269.30
Diamond Lime, LLC Surfacing 5,535.67
S.S. Fica 125.50
Glenwood Telecommunications Phone 154.33
Gottsch Feed Yard Misc 35.00
Village of Guide Rock Utility 71.20
City of Hastings Fee 672.22
Hometown Market Supply 66.46
Jim’s OK Tires Repairs 365.00
Joe’s Fence & Welding, LLC Main 939.25
John Deere Financial Supply 7.03
Ken Kort Trucking Rocks 193.93
Kenny’s Lumber & Home Center Repairs 34.98
LRNRD Rural Water Project Water 20.00
Meridian Agriculture Distribution Chemical 903.80
Mips, Inc Support 108.98
Monica Montgomery Expense 14.39
Napa Auto Parts Repairs 238.33
NCK Quarries, LLC Rock 1,225.29
Nebraska Machinery Company Repairs 16,124.31
Oak Creek Engineering, LLC Main 10,729.08
Olson Enterprises, LLC Fuel 10,830.24
Ben Pavelka Trucking, Inc Repairs 188.77
Quill Corporation Supply 94.66
R & M Disposal, LLC Utility 33.00
R M Bridge Company, LLC Main 3,622.50
Scott Kort Trucking Fee 259.29
Sunbelt Rentals Rental 289.82
Superior Fire Extinguisher Co Repairs 834.00
Superior Outdoor Power Center Repairs 334.10
The Baking Room Fee 65.00
Timm’s Service Fuel 2,248.06
Verizon Wireless Phone 47.34
Webster County Hospital Testing 42.00
Windstream Phone 65.83
Kary Winslow Expense 86.64
Road/Bridge Const Fund Ace/Eaton Metals Culverts 13,813.48
B-3 Dirt LLC Grading 7,899.50
Diamond Lime, LLC Surfacing 19,226.01
JEO Consulting Group, Inc Fee 4,569.50
Norfolk Contracting, Inc Culverts 170,016.00
Shipman Dozing, LLC Main 6,000.00
Van Kirk Contracting Culverts 193,959.47
Modern Records Fund Mips, Inc Fees 217.96
Self-Insured Dental Fund
Kory L Bumgardner, D.D.S. Dental 141.60
Mark E Bush, DDS Dental 76.50
Central Dental Group Dental 105.60
Mark Driscoll Dental 127.60
Pediatric Dental Specialists Dental 792.80
County Medical/Relief Fund
Midwest Medical Transport Co, LLC Transport 1,835.95
Diversion Program Fund
National Patent Analytical Systems Equip 452.84
Inheritance Tax Fund
Webster County Treasurer Transfer 300,000.00
Noxious Weed Fund
Cooperative Producers, Inc Fuel 222.78
First National Bank Omaha Supply 80.23
Great Plains Communications Phones 47.42
Ambulance Fund
Black Hills Energy Utility 12.47
Cooperative Producers, Inc Fuel 81.84
S.S. Fica 131.14
Kenny’s Lumber & Home Center Repairs 5.88
Matheson Tri-Gas, Inc Supply 53.92
Olson Enterprises, LLC Fuel 59.86
Platte Valley Comm of Hastings Repairs 172.50
Red Cloud EMT’s Training 259.70
Stryker Sales Corporation Supply 10,410.41
Being no further business, Chairperson Buschow adjourned the meeting at 3:00pm. The next regular meeting will be held on Tuesday, August 21, 2018 at 8:30am. A current agenda and complete minutes are on file at the County Clerk’s office and at www.co.webster.ne.us. Dated this 7th day of August, 2018. Webster County Board of Commissioners ATTEST: Debra Klingenberger, Webster County Clerk
Wednesday, August 8, 2018
WEBSTER COUNTY BOARD OF COMMISSIONERS August 1, 2018
The following Board Members were present for roll call: Dan Shipman (District One), Trevor Karr (District Two), Roger Bohrer (District Three), Keith Buschow (District Four) and JoAnn Reiher (District Five). The Board stood and recited the Pledge of Allegiance to the Flag. Chairman Buschow gave notice of the Nebraska Open Meetings Act Laws.
Members representing the Fire Districts in Webster were present.
Discussion was had on the legislation that passed in 2015 that states that the levy for the Fire Districts is no longer set by a vote of the people. Budget Year 2018/2019 will be the first year for implementation. Fire Districts must file budgets by August 1 with the County Clerk. After discussion, motion was made by Karr, seconded by Bohrer, to approve
RESOLUTION 19 – 2018: RESOLUTION 19 – 2018 RESOLUTION REQUESTING A PRELIMINARY LEVY ALLOCATION FROM THE COUNTY BOARD
WHEREAS, Nebraska Statute 77-3443 (3) requires all political subdivisions subject to Webster County Levy Authority to submit a preliminary request for levy allocation to the County Board; and WHEREAS, The Webster County Board is the levy agent for Bladen Rural Fire Protection District; NOW, THEREFORE BE IT RESOLVED that $64,244.00 is Tax Request for budget year 2018/2019 for the Bladen Rural Fire Protection District. Upon roll call vote, voting in favor: Karr, Bohrer, Reiher and Buschow. Abstaining: Shipman. Voting no or absent: none. Chairman Buschow signed RESOLUTION 19 – 2018. After discussion, motion was made by Karr, seconded by Bohrer, to approve RESOLUTION 20 –
2018: RESOLUTION 20 – 2018 RESOLUTION REQUESTING A PRELIMINARY LEVY ALLOCATION FROM THE COUNTY BOARD WHEREAS, Nebraska Statute 77-3443 (3) requires all political subdivisions subject to Webster County Levy Authority to submit a preliminary request for levy allocation to the County Board; and WHEREAS, The Webster County Board is the levy agent for Blue Hill Rural Fire Protection District; NOW, THEREFORE BE IT RESOLVED that $38,950.00 is Tax Request for budget year 2018/2019 for the Blue Hill Rural Fire Protection District. Upon roll call vote, voting in favor: Karr, Bohrer, Reiher and Buschow. Abstaining: Shipman. Voting no or absent: none. Chairman Buschow signed RESOLUTION 20 – 2018.
After discussion, motion was made by Karr, seconded by Bohrer, to approve RESOLUTION 21 – 2018: RESOLUTION 21 – 2018 RESOLUTION REQUESTING A PRELIMINARY LEVY ALLOCATION FROM THE COUNTY BOARD WHEREAS, Nebraska Statute 77-3443 (3) requires all political subdivisions subject to Webster County Levy Authority to submit a preliminary request for levy allocation to the County Board; and WHEREAS, The Webster County Board is the levy agent for Guide Rock Rural Fire Protection District; NOW, THEREFORE BE IT RESOLVED that $24,480.00 is Tax Request for budget year 2018/2019 for the Guide Rock Rural Fire Protection District. Upon roll call vote, voting in favor: Karr, Bohrer, Reiher and Buschow. Abstaining: Shipman. Voting no or absent: none. Chairman Buschow signed RESOLUTION 21 – 2018. After discussion, motion was made by Karr, seconded by Bohrer, to approve RESOLUTION 22 – 2018: RESOLUTION 22 – 2018 RESOLUTION REQUESTING A PRELIMINARY LEVY ALLOCATION FROM THE COUNTY BOARD WHEREAS, Nebraska Statute 77-3443 (3) requires all political subdivisions subject to Webster County Levy Authority to submit a preliminary request for levy allocation to the County Board; and WHEREAS, The Webster County Board is the levy agent for Red Cloud Rural Fire Protection District; NOW, THEREFORE BE IT RESOLVED that $52,530.00 is Tax Request for budget year 2018/2019 for the Red Cloud Rural Fire Protection District. Upon roll call vote, voting in favor: Karr, Bohrer, Reiher and Buschow. Abstaining: Shipman. Voting no or absent: none. Chairman Buschow signed RESOLUTION 22 – 2018. Discussion was had concerning requests for levy allocation for the Budget Year 2019-2020. After discussion, motion was made by Shipman, seconded by Bohrer, to approve RESOLUTION 23 – 2018: RESOLUTION 23 – 2018 WHEREAS, recent legislation designates the manner in which Webster County and its various political subdivisions may levy taxes for support of their various operations; and WHEREAS, all Rural Fire Districts within Webster County which would be entitled to an allocation of property tax authority not to exceed a total of 10.5 cents of valuation on any parcel or item of taxable property have filed a preliminary request for levy allocation as required by law; and WHEREAS, The Webster County Board of Commissioners finds that it would not be possible to continue the necessary functions of County government if the preliminary requests for levy allocation were granted; NOW THEREFORE BE IT RESOLVED, that the Webster County Board of Commissioners hereby denies preliminary requests for levy allocation from: Bladen Rural Fire District Blue Hill Fire District Guide Rock Rural Fire District Red Cloud Rural Fire District Webster County Agricultural District FURTHER RESOLVED, that a copy of this Resolution shall be forwarded to the Chairperson of the governing body of each of the Fire Districts which submitted a preliminary request for levy allocation. Upon roll call vote, voting in favor: Shipman, Bohrer, Reiher, Karr and Buschow. Voting no, absent or abstaining: none. Chairman Buschow signed RESOLUTION 23 – 2018. Wade Gibson presented the 2018/2019 Budget for the Webster County Agricultural Association. Motion was made by Karr, seconded by Bohrer, to accept the Budget. Upon roll call vote, voting in favor: Karr, Bohrer, Reiher, Shipman and Buschow. Voting no, absent or abstaining: none. Motion was made by Karr, seconded by Bohrer, to accept the requested amount of $74,847.77 for the 2018/2019 Budget for the Webster County Agricultural Association. This amount will be reviewed at the August 7, 2018 meeting to accept this budgeted amount. Being no further business, Chairperson Buschow adjourned the meeting at 8:00p.m. The next regular meeting will be held on Tuesday, August 7, 2018 at 8:30am.
A current agenda and complete minutes are on file at the County Clerk’s office and at www.co.webster.ne.us.
Dated this 1st day of August, 2018. Webster County Board of Commissioners ATTEST: Debra Klingenberger, Webster County Clerk
Monday, July 23, 2018
WEBSTER COUNTY BOARD OF COMMISSIONERS July 17 2018
At 8:35am, Jeff Kuhn, Road Maintenance Coordinator, met with the Board. The Road Crews had the roads in good shape for wheat harvest. The crews have been working on cleaning weeds from the sides of county roads. It is time for the rural residents to mow their ditches. Commissioner Shipman commented that the trees need trimmed at Road F and 1900 Road. The crews have been collecting used oil. Project 618 is near completion. The final walk thru for Projects 357 & 637 will be on July 18, 2018. A Bridge #1806 has been replaced by a culvert at Road 800 and Road U. Work has been done on the Bridge #2212 east of Bladen. Kucera Construction will begin work on Projects 629 and 630. Kuhn presented the Annual Certification for the funds received by Webster County thru the Highway Street Buyback Program (STP) and the Highway Bridge Buyback Program (HBP). Discussion was had concerning the low water crossing north of the Diversion Dam.
Discussion was had on selling a van for Webster County Transportation, desks and other furniture on Big Iron. Discussion was had on equipment purchases for the 2020/2021 Budget year. The Road Department has been cleaning up projects and completing the One Year Plan. The Road Department got a big Thank you for preparing the entrance for the tank float.
Janet Knehans, Webster County Treasurer, reported to the Board that the County will receive $38,887.88 for the name plate capacity tax for the wind turbines in 2018. Starting in April, 2019, the County will be receiving $313,102.00 annually for the name plate capacity tax to be divided up between the districts in the County with the County General receiving $59,035.74.
At 9:30am, Tami Scheuneman, Webster County Zoning Administrator, presented the Sound Level Compliance Evaluation Report for the Cottonwood Wind Project. The report shows that the sound pressure levels meet the Webster County sound level limit. Commissioner Buschow reported that he had spoken with the City of Red Cloud about the zoning of the Courthouse building. He was told that commercial buildings can be in a residential zone.
At 10:00am, Mary Delka, Director of Webster County Senior Services and Webster County Transportation, presented an Agreement between Webster County and the State of Nebraska Department of Transportation for the purchase of a seven passenger Dodge Caravan Minivan. Motion was made by Shipman, seconded by Reiher, to sign the Agreement. Upon roll call vote, voting in favor: Shipman, Reiher, Karr, Bohrer and Buschow. Voting no, absent or abstaining: none.
The Webster County Senior Services and Transportation has moved to a new location at 309 N. Webster in Red Cloud. Meals are still available in the Red Cloud area by ordering a meal one business day ahead to be delivered to your home or eaten at the 309 N. Webster location or by using a voucher at Fat Fox’s.
At 10:08am, the Board recessed for a break. The Board reconvened at 10:25am with all members present. During open forum, Audrey Berns addressed the Board with a concern that a tornado warning was issued on June 19 and the wind turbines on the west end of the project did not turn off. Her concern was that Nextera was not in compliance by not turning off the turbines. Berns also asked about the progression of the Cottonwood II (Little Blue Project). The Board assured her that nothing has been filed concerning this project. Berns inquired about the audit of the Primary Election.
Steph Hamel presented to the Board a report of the noise levels of the turbines at her house that she has recorded.
At 10:35am, discussion was had concerning the preparation of the 2018/2019 Budget. At 11:20am, Sara Bockstadter, Webster County Attorney, Dustin Gay, Energized Electric and Paul Krieger, Krieger Electric, met with the Board. On July 3, 2018, the three entities had signed an Agreement for the HVAC Installation at the Courthouse. Attorney Bockstadter presented a Mutual Rescission of Contract to rescind that Contract. After discussion, motion was made by Shipman, seconded by Bohrer, to approve the Mutual Rescission of Contract. Upon roll call vote, voting in favor: Shipman, Bohrer, Reiher, Karr and Buschow. Voting no, absent or abstaining: none. All parties signed the Agreement. Bockstadter presented a revised HVAC Installation Agreement. After discussion, motion was made by Reiher, seconded by Bohrer, to approve this Agreement. Upon roll call vote, voting in favor: Reiher, Bohrer, Shipman, Karr and Buschow. Voting no, absent or abstaining: none. All parties signed the Agreement.
The following claims were approved for payment:
Wages for 45 Salaried Employees $126,435.50.
General Fund
Ameritas Life Insurance Corp Retire $ 5,975.56
Black Hills Energy Utility 266.27
Blue Cross/Blue Shield Health/Life 22,704.50
Blue Hill Leader Publish/Subscriptions 886.61
Boarders Inn & Suites Lodging 202.30
Comdata Universal MasterCard Fuel 52.44
Cooperative Producers, Inc Fuel 2,087.60
Dunmire, Fisher, Hastings & Pauley Counsel 11.50
S.S. Fica 6,297.07
Eakes Office Solutions Supplies 1,314.75
First Concord Benefits Health 559.50
First Concord Benefits Group Fee 22.50
First Concord Benefits Group Fees 234.00
Franklin County Memorial Hospital Medical 408.00
Furnas Co Sheriff’s Office Fees 37.30
GIS Workshop Software 5,440.00
Great Plains Communications Phones 774.74
John V Hodge Counsel 1,957.68
Hometown Leasing Lease Pmts 1,548.00
Hometown Market Supplies 1,596.65
J & A Auto Supply Supplies 555.32
Jack’s Cleaning 1,500.00 JDS Support 2,200.00
JEO Consulting Group Fees 643.75
Kenny’s Lumber & Home Center Repairs 159.21
Janet Knehans Expense 104.64
Lieske Law Firm Counsel 63.50
Madison National Life Ins Co, Inc Life 18.90
Mailfinance Postage 303.00
Midland Area Agency on Aging Handibus 1,908.10
Mips, Inc Support 2,219.97
Nebraska Tech & Telecom, Inc Phones 202.20
Postmaster Box Rent 62.00
Red Cloud Chief Publish 2,622.11
Region 3 Behavioral Health Services Funding 2,248.26
Sam’s Club Equip 588.08
Edward Schurman Repairs 162.90
Self-Insured Dental Fund Premiums 2,770.00
Skalka & Baack Law Firm Counsel 2,147.90
South Central Pub Power Dist Utility 27.43
USDA, Aphis, Wildlife Services Funding 1,497.03
Road/Bridge Fund
Ameritas Life Insurance Corp Retire 2,618.79
Black Hills Energy Utility 46.83
Bladen Sand & Gravel, Inc Gravel 12,743.44
Village of Bladen Utility 55.98
Blue Cross/Blue Shield Health/Life 11,806.34
Cooperative Producers, Inc Fuel 3,007.87
Country Corner Fuel 138.26
Diamond Lime, LLC Gravel 5,917.88
S.S. Fica 2,907.46
Eakes Office Solutions Supplies 36.49
Fastenal Repairs 363.40
First Concord Benefits Group Fees 15.00
Great Plains Communications Phone 209.78
Jim’s OK Tires Repairs 394.00
Kenny’s Lumber & Home Center Supplies 969.71
L & M Tire Repairs 14.00
Mips, Inc Support 108.98
Nebraska Tech & Telecom, Inc Phones 10.85
Nebraska Machinery Company Repairs 6,694.72
Olson Enterprises, LLC Fuel/Repairs 10,995.58
Self-Insured Dental Fund Premiums 1,106.00
South Central Pub Power Dist Utility 139.06
Timm’s Service Fuel 3,421.12
Wiarcom, Inc Trackers 275.40
Road/Bridge Const Fund
Diamond Lime, LLC Surfacing 40,496.44
Kenny’s Lumber & Home Center Rental 124.99
Modern Records Fund
Mips, Inc Support 103.00
Self-Insured Dental Fund
Central Dental Group Dental 415.40
Sean M Daly, D.D.S. Dental 220.60
Mark Driscoll Dental 205.25
Noxious Weed Fund
Ameritas Life Insurance Corp Retire 152.19
Blue Cross/Blue Shield Health/Life 908.18
Cooperative Producers, Inc Fuel 246.60
S.S. Fica 172.48
Nebraska Tech & Telecom, Inc Phone 3.99
Self-Insured Dental Fund Premium 111.00
Ambulance Fund
Black Hills Energy Utility 36.39
Village of Campbell 911 Fee 210.00
Brad Frey Repairs 154.21
Great Plains Communications Phone 48.19
Inst-A-Tech LLC Eqip 1,800.00
Kenny’s Lumber & Home Center Repairs 230.42
Matheson Tri-Gas, Inc Oxygen Rental 79.88
Stryker Sales Corporation Supplies 18,324.84
Being no further business, Chairperson Buschow adjourned the meeting at 12:10p.m. The next regular meeting will be held on Tuesday, August 7, 2018 at 8:30am. A current agenda and complete minutes are on file at the County Clerk’s office and at www.co.webster.ne.us. Dated this 17th day of July, 2018. Webster County Board of Commissioners ATTEST: Debra Klingenberger, Webster County Clerk
Thursday, July 12, 2018
Rape case thrown out
Attorneys for a 56-year-old Myron C. Nichols of Red Cloud who is accused of raping a teenager are asking a judge to throw out the case due to the recording of privileged telephone conversations at the Webster County Jail.
Attorneys Ben Murray and Don Theobald represent Nichols in a Webster County District Court case alleging one count of first-degree sexual assault, one count of intentional child abuse and three counts of third-degree sexual assault.
By mutual agreement, the hearing Friday was heard at the Adams County District Court.
Murray filed a motion to dismiss the case April 2 after learning that protected phone conversations had been recorded by an automated system at the Webster County Jail in Red Cloud. Attorney-client privilege protects conversations between an attorney and a client are under the Sixth Amendment.
Murray asked District Judge Stephen Illingworth to dismiss the charges because the lead investigator in the case had possession of a compact disc containing recordings of three calls to Murray’s office .He said those calls would have contained trial strategy about the defense’s case, which was scheduled to go before a jury in April. “The prosecution being in possession of these recordings is presumptively prejudicial,” Murray said.
Prosecuting attorneys in the case, George Welch with the Nebraska Attorney General’s Office and Webster County Attorney Sara Bockstadter, argue that the prosecution didn’t gain an unfair advantage from the recordings.
In his opening statement, Welch said the prosecution didn’t have knowledge of the recordings or the contents until notified by law enforcement six days before the trial was to start.“Nobody learned of any confidential communication because there was never any review of the recordings,” he said.
Webster County Sheriff Troy Schmitz testified Friday that about 60 phone conversations between Nichols and Murray’s office were recorded between the time Murray was appointed in June 2017 to help represent Nichols and the time Schmitz discovered the recordings in March 2018.
Schmitz explained that Webster County Jail inmates wishing to talk to an attorney usually request a cordless phone from jail staff. Conversations on this line are not recorded and the phone is made readily available to inmates unless the phone is in use. But Schmitz said inmates also have access to two phones in the day holding area of the jail. Calls on these phones are paid for using pre-paid phone cards, and conversations are recorded. At the beginning of each call, users on both ends of the line are notified that the conversation may be recorded.
During a visit Murray made to the jail, Schmitz realized it was possible that Nichols had been making phone calls to Murray over the recorded line. He asked Chief Deputy Sheriff Ron Sunday to check and found those conversations had been recorded. Once the recordings were discovered, Schmitz said, Sunday notified the Webster County Attorney’s Office, who alerted Murray and Theobald.
Schmitz explained that a Texas company is contracted to provide the recording service and storage of the recordings. Phone numbers can be manually excluded from the recordings. Schmitz and Sunday are the only two with access to the computer system besides the contracting company.
Sunday testified that he handles the maintenance of the system for the Webster County Sheriff’s Office. He said each of the files is monitored and any access is noted in the system. He pulled up the list of recordings in the presence of attorneys in the case and found that three of the recorded conversations had been accessed.
Sunday said he had downloaded the recordings as part of a search request from Webster County Sheriff’s Sgt. Dianne Nichols. The three recordings were among 31 that Sunday downloaded to a CD for the deputy.
Sgt. Nichols testified that she had asked for a week’s worth of calls placed by Myron Nichols as part of an investigation into a witness tampering case. She said one of the alleged victims had received a threatening text message. She said she reviewed each of the calls during her investigation, but once she realized some of the calls were to an attorney, she forwarded the playback to the next call. She said that in two of the calls between Myron and Murray’s secretary, the secretary said Murray wasn’t in the office. On the third call, the secretary said Murray was in and said she would put him on the line. Dianne said she forwarded the recording before Murray got on the line.
Sgt. Nichols explained that she didn’t report that she had stumbled upon the recordings because she didn’t realize she should. “I knew I couldn’t listen to it, but I didn’t know I couldn’t have it,” she testified.
Illingworth took the case under advisement and gave each side two weeks to submit briefs with final arguments. Each side will have an additional two weeks to submit a rebuttal brief if desired.
According to the arrest affidavit, Myron Nichols is accused of sexually assaulting a girl in Red Cloud sometime between May and July 2013, when she was 16 or 17. The alleged victim told authorities that Myron provided alcohol and marijuana to herself and other children before carrying her to his room where he raped her.
First-degree sexual assault is a Class 1B felony punishable by 20 years to life in prison. Intentional child abuse is a Class 3A felony punishable by up to three years imprisonment and a $10,000 fine. Third-degree sexual assault is a Class 1 misdemeanor punishable by up to one year in jail and a $1,000 fine.
Monday, July 9, 2018
Rev. Elton H. Temme September 17, 1932 to July 1, 2018
Elton Herbert Temme was born on Sept. 17, 1932, near Barnes, Kansas, where his father was serving as pastor at St. Peter’s Lutheran Church. He attended Christian Day Schools in Barnes and Independence, KS, and attended high school in Warrenton, MO. He completed his preparatory work for the ministry at St. John’s College in Winfield, Kansas before graduating with a Master of Divinity from Concordia Seminary, St. Louis, MO, in 1958. He recently celebrated his 60th year in the ministry after serving as Pastor at the following parishes:
St. John’s Church in Tyler, ND and First English Church in Fairmont, ND from 1958-1960, St. Peter’s Lutheran Church in Barnes, KS from 1960-1962, Reformation Lutheran Church in Charlotte, NC from 1962-1965, St. John’s Lutheran Church in Oberlin, KS, from 1965-1974, Trinity Lutheran Church in Blue Hill, from 1974-1978, Grace Lutheran Church in Larned, KS from 1978-1986, and Zion Lutheran Church in Farmington, NM from 1986-1992. He retired in Hastings to be close to family. Pastor Temme occasionally assisted on Sundays at Zion Lutheran Church.
Rev. Temme served as Circuit Counselor during his ministry in Oberlin, KS. requiring him during that time period to fill in as vacancy pastor in every church in this circuit. During his time in Larned, KS, he served as Chairman of the Kansas District Pastoral Conferences and was District LWML Advisor for two terms. He loved teaching confirmation classes and interacting with the youth group and often organized such activities as baseball games, summer picnics and homemade pizza dinners.
Rev. Temme met his wife, Virgina, during his vicarage at Calvary Lutheran Church in Kansas City, MO, where she was teaching at the Day School. They were married on Sept. 3, 1958, in Birch Run, MI. They enjoyed 59 years of marriage. They had three daughters, Ann, Lori and Teresa.
Rev. Temme shared his love of fly-fishing, gardening, and playing baseball with his daughters. He could often be seen hunting pheasant with his daughters and his faithful dog Pepper.
Rev. Temme is survived by his wife, Virginia; daughter, Ann, and her husband, Greg Auten, and their three children, Tim, Lindsey and Tyler of Blue Hill, Lori and her husband, Evan Halsey, of Jacksonville, FL, and Teresa and her daughters, Annalise and Alayna of Annapolis, MD. He is also survived by three sisters, Carol Bryant and her husband Ron of Charlotte, NC, Lois Frick of Warrenton, MO, and Anita Carter of Georgetown, TX; brother, Harold Temme, of Warrenton, MO; and numerous nieces and nephews.
Funeral services were held at 10 a.m. on Friday, July 6 at Trinity Lutheran Church, Blue Hill, with Interment following at the Blue Hill cemetery .
Friday, July 6, 2018
Webster County Board of Commisioners July 3, 2018
At 9:00am, Monica Montgomery met with the Board to discuss the installation of panic buttons in the four offices on the first floor of the courthouse. Motion was made Karr, seconded by Reiher, to approve the installation. Upon roll call vote, voting in favor: Karr, Reiher, Shipman, Bohrer and Buschow. Voting no, absent or abstaining: none. At 9:15am, Sheriff Troy Schmitz met with the Board concerning a hospital bill for an inmate that was hospitalized for a possible heart attack. Sheriff Schmitz discussed the effects on the jail budget. The Board accepted and reviewed the Sheriff’s Quarterly Fee Report. At 9:30am, Dan Rutt, Director and Carol Harrenstein, Office Manager of Revive Ministries, met with the Board. They shared the activities and budget for the past year. The funding request for $2,000.00 was tabled to later in the meeting.
At 9:45am, Election Commissioner Debra Klingenberger has been in contact with the Secretary of State’s office for auditing the 2018 Primary Election but no date has been set. Commissioner Buschow shared with the Board that he had spoken to a Pella Window representative. He got an estimate of approximately $100,000.00 to replace the windows in the Courthouse building. At 10:15am, Dustin Gay, Energized Electric, met with the Board to sign the Agreement for the installation of the HVAC System in the Courthouse. After discussion, all members signed the Agreement. This Agreement is on file at the Webster County Clerk’s office. At 10:45am, discussion was had on the Budget for fiscal year 2018/2019. Commissioner Buschow is having a phone conversation with Woods & Durham Accountants following this meeting. The decision was made to not support South Central Economic Development. The decision was made to reduce the support to the other entities by 10%. The support for the other organizations will be: CASA of South Central Nebraska: $3,000.00; SASA Crisis Center: $1,800.00; Area Substance & Alcohol Abuse Prevention (ASAAP): $4,500.00; Revive Ministries/Horizon Recovery: $ 1,800.00; Region 3: $8,993.04; Midland Area Agency on Aging: $4,860.00; USDA Predatory Animal Control: $6,719.93.
At 11:00am, Dennis VanWey, Webster County Noxious Weed Superintendent, met with the Board to ask for the approval of the Board to use the County Weed pickup to pull his trailer to transport County Fair materials to the County Fair location and to the Nebraska State Fair. The Board approved.
The following claims were approved for payment: Wages for 3part-time & 18 EMTS $9,628.64. General Fund
Adams County Dues $ 100.00
Christa Alber Expense 5.23
Ameritas Life Insurance Corp Retire 347.68
BDY Cabinets and More Repairs 351.31
DAS State Accounting/Central Finance Fee 448.00
S.S. Fica 465.56
Eakes Office Solutions Fee 60.50
Election Systems & Software Supplies 5,678.22
Glenn Plumbing & Heating Repairs 30.00
Glenwood Fee 10.00
Grace’s Locksmith Service Repairs 240.00
Hometown Leasing Lease 129.00
Elizabeth Janning Expense 119.90
Jared’s Auto Expert Repairs 1,174.93
JEO Consulting Group Surveys 950.00
Carol Kumke Expense 389.51
Jerry Langer Expense 20.90
Leaf Capitol Funding, LLC Lease 424.45
Neofunds by Neopost Postage 1,000.00
Quill Corporation Supplies 405.31
Red Cloud Chief Publishing 1,822.46
City of Red Cloud Utility 1,714.53
Bradley Schick Expense 6.54
Paul Stoner Expense 21.99
Theobald Law Office Counsel 617.50
US Foods/The Thompson Co Supplies 269.50
Ken Vanwey Repairs/Mowing 487.50
Village Pharmacy Medical 464.74
Keith Waechter Expense 40.52
Web Co Clk of Dist Court Fees 144.00
Web Co Sheriff-Petty Cash Fund Petty Cash 480.23
Williams exterminating, Inc Fee 88.00
Woodward’s Disposal Service Fee 5.00
Zee Medical Service Supplies 42.35
Road/Bridge Fund
ACE/Eaton Metals Culverts 7,740.00
Ameritas Life Insurance Corp Retire 90.65
Black Hills Energy Utility 43.80
Bladen Sand & Gravel, Inc Gravel 21,580.26
City of Blue Hill Utility 80.11
C & D Service Center Supplies 66.28
Caterpillar Financial Services PMT 23,858.10
Country Corner Fuel 80.53
Diamond Lime, Inc Gravel 18,321.31
S.S. Fica 102.74
First National Bank Omaha Fuel 278.09
Glenwood Telecommunications Phones 154.33
Village of Guide Rock Utility 70.52
Island Supply Welding Company Supply 127.00
J & A Auto Supply Supplies 149.70
John Deere Financial Supplies 32.65
Kully Pipe & Steel Supply Steel 56.82
LRNRD Rural Water Project Water 22.21
Napa Auto Parts Tools 564.84
NCK Quarries, LLC Gravel 6,032.25
David Niles Expense 84.73
Nebraska Machinery Company Rental 7,232.32
Patchmaster Central Surfacing 7,757.75
R & M Disposal, LLC Utility 33.00
Red Cloud Chief Publish 385.85
Verizon Wireless Phone 55.05
Windstream Phone 66.45
Road/Bridge Const Fund Ace/Eaton Metals Culverts 26,670.86
JEO Consulting Group, Inc Fees 3,618.00
NCK Quarries, LLC Culverts 5,308.81
Visitor Promotion Fund
Webster County Ag Association Adv 2,500.00
Self Insured Dental Fund
Dentistry Dental 224.00
Minden Dental Clinic Dental 163.00
Webster County Dental Clinic Dental 2,664.20
County Medical/Relief Fund
Adams County District Court Hearing 157.50
Inheritance Tax
Energized Electric, LLC Equip/Repairs 56,432.95
Noxious Weed Fund
Red Cloud Chief Adv 126.00
Ambulance Fund
S.S. Fica 168.36
Brad Frey Repairs 1,790.43
Matheson Tri-Gas, Inc Rental 27.10
Moore Medical, LLC Supplies 454.31
Stryker Sales Corporation Equip 23,648.28
Being no further business, Chairperson Buschow adjourned the meeting at 11:38am. The next regular meeting will be held on Tuesday, July 17, 2018 at 8:30am. A current agenda and complete minutes are on file at the County Clerk’s office and at www.co.webster.ne.us. Dated this 3rd day of July, 2018. Webster County Board of Commissioners ATTEST: Debra Klingenberger, Webster County Clerk
Tuesday, June 26, 2018
WEBSTER COUNTY BOARD OF COMMISSIONERS June 19, 2019
At 8:35am, Jeff Kuhn, Road Maintenance Coordinator, met with the Board. Kuhn presented three Agreements with Oak Creek Engineering, LLC for approval for engineering services. The first one is for the Grading of K Road at 900 Road and 1000 Road intersection. The second one is for the low water crossing that replaces Structure No. C009123415. The third one is for the replacement of Structure No. C009123025. After discussion, motion was made by Karr, seconded by Shipman, to approve these three Agreements. Upon roll call vote, voting in favor: Karr, Shipman, Reiher and Buschow. Absent: Bohrer. Voting no or abstaining: none. Chairman Buschow signed the Agreements. Dam Inspections were discussed. Kuhn had received bids from Hines Construction and Figgins Construction for crack sealing the asphalt on Z Road east of Blue Hill, 800 Road north of Bladen and four miles of Showboat Road. Kuhn shared with the Board a listing of working hours for each motor grader. Project 357 will be finalized today. Project 614 is Road 1400 south of the feedlot where culverts are being replaced. Bridge replacement will begin on 1400 Road by the Red Cloud Golf Course. Project 642 is ready for seeding. The construction on Bridge No. 12710 will begin soon. The Road crews have been getting roads ready for harvest.
The Road Department will be having a demonstration for a used John Deere 700J dozer.
Discussion was had on the condition of the Batin Cemetery.
At 9:15am, Stephanie Creech-Will, Executive Director of Area Substance and Alcohol Abuse Prevention (ASAAP), Kerry Huber, Project Director of ASAAP and Joe Hubl, K-12 Counselor for Blue Hill Public Schools, met with the Board. Creech-Will and Huber reviewed the projects and budget for the last year. Hubl shared how the program is used in the Blue Hill School. The funding request is $5,000.00. This was tabled to the July 3, 2018 meeting. At 9:30am, Janet Knehans, Webster County Treasurer, presented RESOLUTION 17 – 2018: RESOLUTION 17 - 2018 WHEREAS, South Central State Bank is designated as a Depository Bank for Webster County; WHEREAS, the Webster County Treasurer, acting in the best interest of Webster County is authorized to deposit funds and invest excessive monies of Webster County; WHEREAS, while doing these duties, the Webster County Treasurer is required to do a weekly back up of the transactions on a tape using Shadow Protect. These tapes must be stored outside of the Courthouse building; WHEREAS, the Depository Bank, South Central State Bank, offers safety deposit boxes to store such tapes; BE IT RESOLVED, That a safety deposit box measuring 10inches by 10-1/2inches will be rented by the Webster County Treasurer at South Central State Bank. There will be no charge for the renting of the box. BE IT ALSO RESOLVED, that the Webster County Treasurer, Janet Knehans and the following employees will have access to the safety deposit box: Penny Witte, Deputy Treasurer Monica Schmitz, Clerk Cassandra Olson, Clerk After discussion, motion was made by Shipman, seconded by Reiher, to approve RESOLUTION 17 – 2018. Upon roll call vote, voting in favor: Shipman, Reiher, Karr and Buschow. Absent: Bohrer. Voting no or abstaining: none. Chairman Buschow signed RESOLUTION 17 – 2018. Treasurer Knehans presented RESOLUTION 18 – 2018: RESOLUTION 18 – 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 deposits in the County in said bank, to wit: FHL BANK-TOPEKA IRREVOCABLE LETTER OF CREDIT #50745 AMOUNT: $1,000,000.00 EXPIRATION DATE: 08/15/2018 After discussion, motion was made Reiher, seconded by Shipman, to approve RESOLUTION 18 – 2018. Upon roll call vote, voting in favor: Reiher, Shipman, Karr and Buschow. Absent: Bohrer. Voting no or abstaining: none. Chairman Buschow signed RESOLUTION 18 – 2018. At 9:45am, Lisa Mahin, representative for On the Brix, met with the Board for the approval of a Special Designated Liquor License. Upon discussion and finding that the Webster County Board of Commissioners have jurisdiction in this matter, motion was made by Shipman, seconded by Karr, to allow for and approving the State issuance of a Special Designated License for On the Brix allowing for the sale, use and consumption of beer, wine and distilled spirits in the designated areas of 1757 Road 2500, Lawrence, Nebraska, on July 14, 2018 from 9am to 4pm for the Junk Jaunt Tour. Upon roll call vote, voting in favor: Shipman, Karr, Reiher and Buschow. Absent: Bohrer. Voting no or abstaining: none. Discussion was had concerning the zoning of the Webster County Courthouse. Chairman Buschow will contact the City of Red Cloud to discuss the zoning. At 10:00am, Jarrod Reimer, representative from Congressman Adrian Smith’s office, met with the Board. He shared information from committees and activities that the Congressman has been involved in. At 10:15am, the Board recessed for a break. The Board reconvened at 10:30am with 4 members present. Absent: Bohrer. At 10:30am, Jada Thompson and Linda Erickson, CPA’s with Contryman Associates, P.C., met with the Board. Discussion was had on preparation of the Budget and the Audit for Webster County. At 11:00am, Sara Bockstadter, Webster County Attorney, discussed opioid litigation in Nebraska. At 11:15am, Dustin Gay, Energized Electric, met with the Board to discuss the contract for the installation of the HVAC System in the courthouse. County Attorney Bockstadter was also part of this discussion. The start date for the installation will be October 1, 2018 and completion date will be February, 2019. A down payment of 15% of total cost will be paid when the contract is signed. First payment will be made 30 days after the beginning of the project; second payment in 30 days and final payment on completion of the project. Contract will be submitted to the Board for approval on July 3, 2018. Discussion was had concerning the levy request for the Webster County Agriculture District that was on the Primary Election ballot and did not pass. Election results discussion was tabled to the July 3, 2018 meeting. Funding discussion for the 2018/2019 Budget was tabled to the July 3, 2018 meeting. Discussion was had concerning the EPC Letter of Agreement between Webster County and Region 3 Behavioral Health Services. Motion was made by Karr, seconded by Reiher to approve this Agreement. Upon roll call vote, voting in favor: Karr, Shipman, Reiher and Buschow. Absent: Bohrer. Voting no or abstaining: none. The following claims were approved for payment: Wages for 53 salaried employees $125,068.23 GENERAL FUND Ameritas Life Insurance Corp retire 5,879.20 Anderson, Klein, Brewster & Brandt counsel 1,459.68 BC/BS health/life 22,704.50 Blue Hill Leader publish 1,610.32 Sara Bockstadter lease 390.00 Buffalo Co Sheriff fees 30.34 C & D Service Ctr repairs 149.76 Charm-Tex Inc supplies 397.70 DAS State Accounting/Central Finance fees 238.52 SS Fica 6,192.45 Eakes Office Solution furniture/supply 2,376.89 Energized Electric LLC repairs 60.00 First Concord Benefit Group health 500.00 First Concord Benefit Group fee 15.00 First Concord Benefit Group fees 234.00 Fleet Safety equip 1,935.20 GIS Workshop software 5,440.00 GPC phones 935.65 Hampton Inn lodging 196.00 Harlan Co Sheriff fees 30.20 Hometown Market supply 45.64 Jack’s cleaning 1,500.00 Jared’s Auto Expert repairs 628.29 Kenny’s Lumber supplies 120.54 Deb Klingenberger expense 232.54 Janet Knehans expense 332.56 Katie Krueger research 164.60 Carol Kumke supply/equip 546.65 Lieske Law Firm counsel 428.50 Madison National Life Ins Co Inc life 18.90 Midland Area Agency on Aging handibus 1,139.19 Mips support 1,428.80 Mips fees 12.00 NE Tech & Telecom Inc phones 250.59 Postmaster box rent 144.00 Quill Corp supply 323.71 Gary Ratzlaff expense 91.71 Red Cloud Chief subscription 31.50 Sam’s Club supply 48.15 Bradley Schick expense 703.31 Monica Schmitz painting 237.50 Self-Insured Dental premiums 2,770.00 Skalka & Baack Law Firm counsel CPPD utility 24.80 Joe Strickland expense 20.71 Sullivan Shoemaker P.C. LLO counsel 1,070.17 Theobald Law Office counsel 2,418.60 US Foods/Thompson Co. supply 303.14 Ken VanWey mowing/repairs 775.00 Village Pharmacy supply 2.23 Web Co Crt crt costs 51.00 Woodward’s Disposal Service fee 5.00
ROAD/BRIDGE FUND
Ace/Eaton Metals culverts 7,740.00
Adams Co Highway Dept. culverts 1,915.04
Ameritas Life Insurance Corp. retire 2,618.79
Bladen Sand & Gravel Inc. gravel 19,885.36
BC/BS health/life 11,806.34
Blue Hill Leader publish 315.43
Burmester Inc. armor coating 4,400.00
C & D Service Ctr. repairs 747.42
Century Lumber Ctr. supply 289.15
Country Corner fuel 218.41
SS Fica 2,907.46
Eakes Office Solutions supply 242.19
Elkhorn Valley Bank & Trust payment 34,376.82
First Concord Benefits Group fee 10.00
Garrett Enterprises Inc. repairs 2,381.00
GPC phone 209.96
J & A Auto Supply repairs 42.31
Kenny’s Lumber supply 203.90
Lawson Products Inc. tools 96.34
Mips Inc. support 108.98
Monica Montgomery expense 10.00
NCK Quarries LLC culverts 4,550.03
NE Tech & Telecom Inc. phone 16.03 NE Machinery Co. repairs 1,973.52
Olson Enterprises LLC fuel/repairs 11,743.46
Ben Pavelka Trucking Inc. repairs 2,500.00
City of Red Cloud utility 30.00
Self-Insured Dental Fund premiums 1,106.00
SCPPD utility 136.75
Speece-Lewis Engineers fees 2,725.00
Sunbelt Rentals rental 162.54
Timm’s Service fuel, etc. 6,456.31
Michael Todd & Co. equip 1,080.30
Wiarcom Inc. trackers 275.40
ROAD/BRIDGE CONSTRUCTION FUND
Ace/Eaton Metals culverts 35,898.45
JEO Consulting Group Inc. fees 1,700.00 Speece-Lewis Engineers fees 6,316.64
MODERN RECORDS FUND
Deb Klingenberger expense 58.05
Mips support 103.00
SELF-INSURED DENTAL FUND
Mark Driscoll dental 71.81
Minden Dental Clinic dental 389.40
Webster Co Dental Clinic dental 350.40
COUNTY MEDICAL/RELIEF FUND NE
Health & Human Services System Beatrice/Lincoln 366.00
NOXIOUS WEED FUND Ameritas Life Insurance Corp. retire 152.19
BC/BS health/life 908.18
C & D Service Ctr. repairs 20.00
CPI fuel 132.97
SS Fica 172.48
GPC phone 47.48
J & A Auto Supply repairs 11.31
NE Tech & Telecom Inc. phone 9.59
Self-Insual Fundred Dent premium 111.00
AMBULANCE FUND
Bound Tree Medical LLC supply 351.72
CPI fuel 229.3
0 GPC phone 48.24
Being no further business, Chairperson Buschow adjourned the meeting at 1:30pm.
The next regular meeting will be held on Tuesday, July 3, 2018 at 8:30am. A current agenda and complete minutes are on file at the County Clerk’s office and at www.co.webster.ne.us .
Dated this 19th day of June, 2018. Webster County Board of Commissioners ATTEST: Debra Klingenberger, Webster County Clerk
Tuesday, June 12, 2018
WEBSTER COUNTY BOARD OF COMMISSIONERS June 5, 2018
At 8:35am, Jeff Kuhn,Road Maintenance Coordinator, met with the Board. Kuhn reports that Van Kirk has started on Project #357 and will work on Project #637 next. Asphalt repair has been done on the 800 Road north of Bladen. Crack sealing for Showboat Road and 800 Road north of Bladen was discussed. Kuhn has signed a hay contract for ditches along Road 2200. An excavator has been rented to complete projects.
Kuhn presented RESOLUTION 16 – 2018: RESOLUTION 16 – 2018 WHEREAS, Webster County desires to improve R Road, starting at the east right-of-way line of NE Highway 281 (also known as 1200 Road) and proceeding approximately one mile east to 1300 Road. Improvement would be to a rural local classified road according to minimum design standards, including drainage structures, grading and gravel, and WHEREAS, the road re-classification and improvements will benefit the citizens of the county if the road is improved. NOW THEREFORE, in view of the above facts, the Webster County Board of Commissioners, hereby declares that said road shall be re-classified from Minimum Maintenance to Rural Local to become effective as soon as concurrence and approval is received from the State of Nebraska Department of Transportation.
Motion was made by Shipman, seconded by Karr, to approve RESOLUTION 16 - 2018. Upon roll call vote, voting in favor: Shipman, Karr, Bohrer, Reiher and Buschow. Voting no, absent or abstaining: none. Buschow signed RESOLUTION 16 – 2018.
Upon the completion of the re-classification of Road R, Road R will extend from the west end of the county to the east end of the county. Kuhn has requested design plans for Project #261, Bridge #23025, from Speece Lewis and Oak Creek Engineering. The Witzco trailer sold for $20,000.00.
At 9:00am, Don Bartels met with the Board to request permission to bore under Road 400 between Sections 15 and 16 for electrical lines to power a submergible pump. Jeff Kuhn was in attendance. The Board gave their permission. Bartels is to complete a utility permit.
At 9:15am, Rob Wilson, representative for the Webster County Agricultural Association, met with the Board for the approval of a Special Designated Liquor License. Upon discussion and finding that the Webster County Board of Commissioners have jurisdiction in this matter, motion was made by Shipman, seconded by Karr, to allow for and approving the State issuance of a Special Designated License for the Webster County Agricultural Association allowing for sale, use and consumption of beer, wine and distilled spirits in the designated areas of the Webster County Fairgrounds on July 26th, 27th and 28th, 2018. Upon roll call vote, the motion was approved by the Members of the Board of Commissioners and notice of action will be forwarded to the Nebraska Liquor Commission. Motion was made by Bohrer, seconded by Reiher, to approve the proposal from Energized Electric for the installation of a new HVAC System for the Webster County Courthouse. Upon roll call vote, voting in favor: Bohrer, Reiher, Shipman and Buschow. Voting no: Karr. Absent or abstaining: none. Energized Electric to submit contract to be approved by Webster County. At 9:30am, RuAnn Rutt, Director of CASA of South Central Nebraska, met with the Board. Rutt reviewed highlights of what has been done in Webster County. Rutt is requesting $3,000.00 for funding for the 2018/2019 fiscal year. This was tabled to the June 19th meeting.
At 9:45am, Marlys Schmidt met with the Board to discuss the purchase of a Power Load System for the Blue Hill Ambulance. The money used to pay for this equipment is from the Ambulance Fund which is money that the EMT’s have made serving Webster County. After discussion, motion was made by Bohrer, seconded by Shipman, to approve the purchase of the system for $52,300.32. Upon roll call vote, all voted in favor. Voting no, absent or abstaining: none.
At 10:00am, Jo Springer, Executive Director of SASA Crisis Center, met with the Board. Springer reviewed the services offered by SASA. Springer is requesting $2,000.00 for funding for the 2018/2019 fiscal year. This was tabled to the June 19th meeting.
At 10:30am, Lynn Viglicky, Midland Area Agency on Aging and Mary Delka, Director of Webster County Senior Services and Webster County Transportation, met with the Board. They reviewed the activities of the Webster County Senior Services for the past year and changes that are expected for the 2018/2019 fiscal year. The request for funding for fiscal year 2018/2019 is $4,860.00. This was tabled to the June 19th meeting. Discussion was had concerning the current phone system in the courthouse. Great Plains Communication is going to inspect the current system and submit a proposal to upgrade the system.
At 11:00am, the Board held their pre-advertised Bid Letting for Road Gravel. There was one bid from Deweese Sand and Gravel. After review of the Bid, motion was made by Bohrer, seconded by Shipman, to accept the Bid from Deweese Sand and Gravel. Upon roll call vote, voting in favor: Bohrer, Shipman, Karr, Reiher and Buschow. Voting no, absent or abstaining: none.
An Agreement between County of Webster and Bladen Sand and Gravel was signed by Chairman Buschow and Carmen Gross, President of Deweese Sand and Gravel. This Agreement states that the gravel delivered will meet the Webster County Specifications.
At 11:05am, Ron Fryda, Wildlife Specialist, met with the Board. Fryda reviewed the activity in Webster County. After discussion, motion was made by Bohrer, seconded by Karr, to approve the Contract and funding in the amount of $6,719.93 for July 1, 2018 to June 30, 2019. Upon roll call vote, voting in favor: Bohrer, Karr, Reiher, Shipman and Buschow. Voting no, absent or abstaining: none.
At 11:18am, Kathleen Howard met with the Board to discuss the mowing of the Walker and Batin Cemeteries. Clerk Klingenberger will contact Frank Degener to see if he will mow these cemeteries. At 11:30am, Dennis Maggart and Judd Allen, Representatives of NACO Benefit Services, met with the Board to discuss Employee Health Insurance. Different plans were reviewed. Discussion was had on the preparation of the 2018/2019 Budget.
The Board requests that Jada Thompson, Accountant with Contryman Associates, meet with the Board on June 19th .
Motion was made by Shipman, seconded by Reiher, to write off an ambulance bill for $512.00. Upon roll call vote, voting in favor: Shipman, Reiher, Karr, Bohrer and Buschow. Voting no, absent or abstaining: none.
Motion was made by Reiher, seconded by Buschow, to approve funding for Region 3 Behavioral Services in the amount of $8,993.04. Upon roll call vote, voting in favor: Reiher, Buschow, Shipman, Karr and Bohrer. Voting no, absent or abstaining: none.
At 12:15pm, Commissioner Bohrer voiced concerns about the results of the Primary Election. Election Commissioner Debra Klingenberger explained the voter registration and election day process. After discussion, Commissioner Bohrer requested that the Secretary of State’s office audit the Webster County Primary Election. The Board agreed and Chairman Buschow made the request. The Election Commissioner will contact the Secretary of State’s office to schedule this audit.
At 1:00pm, Jason Boyd, Account Manager for Krull Agency, met with the Board. Boyd presented several options for the Webster County Employee Health Insurance. Discussion was had on which employee health insurance option was best for the Webster County employees. The decision was made to stay with NACO Blue Cross and Blue Shield Plan.
The following claims were approved for payment: Wages for 15 part-time employees and 19 EMT’s $13,939.45
General Fund
Kelli L Albin-Conway Elect Offl. $ 132.50
Ameritas Life Insurance Corp Retire 521.40
BDY Cabinets and More Repairs 238.75
Philip Bentz Elect Offl. 167.89
Black Hills Energy Utility 290.55
Blue Hill Leader Adv 21.30
Sara Bockstadter Expense 34. 88
Dorothy J Brooks Elect Offl. 135.00
Elizabeth Buschow Elect. Offl. 135.00
Calkins Law Office Counsel 849.77
Patricia Church Elect. Offl. 137.50
Raesha Cline Expense 102.42
Coast to Coast Computer Products Supply 299.99
Consolidated Management Co Meals 101.44
Cooperative Producers, Inc Fuel 2,208.61
DAS State Accounting/Central Finance Telecom-Fee 448.00
Department of the Treasury Fee 85.88
Deanna Disney Expense 284.12
S.S. FICA 592.58
Eakes Office Solutions Supplies/Rental 3,000.99
Energized Electric, LLC Repairs 665.56
First Concord Benefits Health Buy Down 556.48
First National Bank of Omaha Equip/Supply 1,290.23
Franklin County Sheriff Housing 150.00
GIS Workshop Support 6,000.00
Glenwood Fee 10.00
Great Plains Communications Phones 936.49
Hanna: Keelan Associates, P.C Fee 5,000.00
Abbey Harig Expense 21.80
Marvin Hartman Elect Offil/Plan & Zoning 155.90
Troy Himmelberg Planning/Zoning 35.07
Hometown Leasing Lease 2,715.87
Hometown Market Supplies 1,482.90
Jared’s Auto Expert Repairs 57.00
Janet Knehans Expense 71.94
Luann Kosse Expense 132.50
Virginia J Kral Elect Offl. 132.50
Carol Kugler Elect. Offl. 140.00
Carol Kumke Expense 703.14
Karen Kumke Elect. Offl. 135.00
Jerry Langer Planning/Zoning 20.90
Leaf Capitol Funding, LLC Equip 424.45
Kay Lockhart Elect. Offl. 130.00
Linda Kay Mans Elect. Offl. 135.00
Amy McDole Expense 9.76
Hayes McDole Elect. Offl. 130.00
Margaret Anne Meline Elect. Offl./Prior Service 177.00
Mips, Inc Software 337.50
NACO Registrations 250.00
NE Assn of County Officials Dues 1,391.76
NE Law Enforcement Training Center Lodging 200.00
Nebr Assn of County Clerks Registration 125.00
Karen Nelson Elect Official 135.00
Neofunds by Neopost Postage 1,000.00
The Niobrara Lodge Lodging 540.00
NIRMA Insurance 48,632.00
O’Keefe Elevator Company Elevator Maint. 4,218.07
Irma Joyce Ostdiek Elect Official 135.00
Marcia Parr Elect. Official 135.00
Jackie J Stromer-Queen Copies 107.50
Gary Ratzlaff Expense 5.97
Red Cloud Chief Publish 1,004.38
City of Red Cloud Utility 1,251.93
Bradley Schick Expense 242.53
Arcele Simpson Elect. Offl. 130.00
Janice Skrdlant Elect. Offl. 132.50
Verla Steiner Prior- Service 36.00
Paul Stoner Planning/Zoning 21.99
Liz Sunday Elect. Offl. 130.00
Theobald Law Office Counsel 4,013.75
Clara Tietjen Prior-Service 60.00
Ultramax Supply 299.00
US Foods/The Thompson Co Supplies 685.76
Bonna Vance Elect. Offl. 135.00
Ken Vanwey Contract 1,475.00
Village Pharmacy Medical 267.51
Keith Waechter Planning/Zoning 40.52
Ward laboratories, Inc. Equip 380.00
Web CO Sheriff-Petty Cash Fund Petty Cash 282.75
Garth Wentworth Planning/Zoning 17.63
Lisa Whitmer Elect. Offl. 130.00
Arlene Wiley Elect. Offl. 151.99
Williams Exterminating, Inc Pest Control 88.00
Debra Winslow Elect. Offl. 135.00
Road/Bridge Fund
Toby Alber Phone 120.00
Barton Pipe & Rod Repairs 19.90
Paul Bencken Phone 120.00
Black Hills Energy Utility 100.09
Bladen Sand & Gravel, Inc Gravel 28,574.14
Village of Bladen Utility 55.13
City of Blue Hill Utility 84.69
Cooperative Producers, Inc Fuel 2,994.96
Country Corner Fuel 70.12
S.S. Fica 125.82
First Concord Benefits Health/Buy Down 1,000.00
First National Bank of Omaha Expense 137.65
First National Bank of Omaha Truck 1,056.55
Fleetpride Repairs 458.46
Garrett Enterprises, Inc Repairs 4,277.70
Monte Garvin Phone 120.00
Glenwood Telecommunications Phones 154.51
Great Plains Communications Phone 209.96
Linda Grummert Prior Service 57.00
Village of Guide Rock Utility 70.86
City of Hastings Misc 266.00
Michael Hunt Phone 120.00
J & A Auto Supply Repairs 79.67
John Deere Financial Repairs 735.55
Bruce Johnson Phone 120.00
Kelly Supply Company Repairs 321.63
Jeff Kuhn Phone 120.00
Allen Kuhnke Phone 120.00
LRNRD Rural Water Project Water 22.21
Monica Montgomery Phone/Exp 143.95
NCK Quarries, LLC Surfacing 3,917.51
David Niles Phone 120.00
NIRMA Insurance 43,011.00
Nebraska Machinery Company Repairs 3,549.65
R & M Disposal, LLC Utility 33.00
Michael Reiman Phone 120.00
Shipman Seed, LLC Seed 2,254.00
South Central Pub Power Dist Utility 200.78
Stern Oil Co. Inc. Repairs 14,094.46 C.
Ardell Talkington Prior Service 42.00
Universal Hydraulics Repairs 647.62
Verizon Wireless Phone 39.71
Marvin Webber Phone 120.00
Windstream Phone 65.28
Kary Winslow Phone 120.00
Road/Bridge Const Fund
JEO Consulting Group, Inc Fees 7,732.00
JJK Construction, LLC Culverts 47,393.17
Patchmaster Central Surfacing 17,047.25
Self-Insured Dental Fund
Douglas P Baum, D.D.S. Dental 126.00
Island View Dental Dental 85.08
Walter D Martin, D.D.S Dental 147.20
Minden Dental Clinic Dental 716.00
Robert G Money, D.D.S Dental 141.40 W
ebster County Dental Clinic Dental 142.40
RC Wilson & SA Wilson D.D.S, PC Dental 217.60
County Medical/Relief Fund
Adams County District Court Hearing 105.00
NE Health & Human Services System Beatrice/Lincoln 180.00
Diversion Program Fund
Jared’s Auto Expert Repairs 2,423.00
Inheritance Tax Fund
Prochaska & Associates, Inc Audit 4,353.00
Noxious Weed Fund
Great Plains Communications Phone 47.48
NIRMA Insurance 2,402.00
Ambulance Fund Black Hills Energy Utility 42.14
S.S. Fica 348.06
Great Plains Communications Phone 48.24
NIRMA Insurance 6,362.00
Being no further business, Chairperson Buschow adjourned the meeting at 1:30pm. The next regular meeting will be held on Tuesday, June 19, 2018 at 8:30am. A current agenda and complete minutes are on file at the County Clerk’s office and at www.co.webster.ne.us .
Dated this 5th day of June, 2018. Webster County Board of Commissioners ATTEST: Debra Klingenberger, Webster County Clerk
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.




