Upper
Republican Natural Resources District
Board of
Directors Regular Meeting
May 6, 2008 at
7:30 p.m.
Agendas
were mailed to all Board Members and all others requesting agendas. Agendas were posted in the NRD Office in
Imperial, the NRCS Offices in Grant and Imperial, and the FSA Office in
Benkelman. The meeting was announced
over KADL-Imperial, KRVN-Lexington and KOGA-Ogallala and published in area
newspapers.
Board Members Present: Tom Gaschler, Donn Gengenbach,
Dean Large, Terry Martin, Greg Pelster, Tim Schilke, Tom Terryberry, Mike Mosel
and Jeff Wallin.
Board Members Absent: Kerry Bernhardt and Mick
Strand.
NRD Staff: Jasper Fanning, Dirk Dinnel
and Deb Hayes.
NRD Legal Counsel: Joel Burke.
Others present: Gary Lee (NRCS), Traci
Witthuhn (RR Basin Coordinator), Stan Loeffler, Duane Dinnel, Paul Kunneman,
Gerald Coates, Tom Luhrs.
Information mailed to
Directors:
Transfer
applications Dissolve
pool information
Report
of District applications, contracts and agreements New pooling contracts
Information distributed at
Board meeting:
Agenda Report
of District applications-contracts
Minutes
of April 1, 2008 Regular Board meeting Republican
River Basin Coalition report
Financial
reports Hazard
mitigation information
NRCS
reports Funding
request
Transfer
applications
Chairman
Pelster announced that the Open Meetings Act is posted by the door if anyone
would like to review it.
Chairman
Pelster reported that Kerry Bernhardt and Mick Strand are excused from
tonight’s meeting.
Chairman
Pelster called the meeting to order at 7:30 pm.
Guests,
NRCS staff, Board members and NRD staff were introduced.
OPEN FORUMS:
None.
MINUTES:
Ø Terryberry moved to approve
the minutes of the April 1, 2008 Regular Board meeting as mailed. Seconded by Martin.
Roll
call vote: 6-yes, 1-abstain, 4-absent. Motion carried.
Voting
yes: Gaschler, Gengenbach, Large, Martin, Schilke, and Terryberry. Abstain:
Pelster. Absent: Bernhardt, Mosel, Strand and Wallin.
FINANCIAL REPORT:
The
Manager presented the Financial Reports to the Board. The Manager reviewed the billing from
Dowhower Construction with the Board.
Wallin
arrived at 7:34 pm.
Ø Martin moved to pay the
Accounts Payable and to accept the Treasurer’s report. Seconded by Large.
Roll
call vote: 7-yes, 3-absent, 1-abstain. Motion carried.
NRCS REPORT:
Gary
Lee gave the NRCS report tonight. There
was also a written report on playa wetlands.
NRCS has partnered with Rocky Mountain Bird Observatory and Nebraska
Game and Parks to hire a Playa Lakes technician. This technician will be stationed at the
Grant NRCS office.
Ø Terryberry moved to approve
the NRCS report dated May 1, 2008 and the Conservation Plans as signed for
Hitchcock, Perkins and Dundy Counties.
Seconded by Schilke.
Roll
call vote: 8-yes, 3-absent. Motion carried.
GROUNDWATER MANAGEMENT/RULES
AND REGULATIONS:
Jasper
and Terry Martin reviewed the transfer application of Marvin Stumpf. This is further than the 6 mile transfer
requirement for an expedited transfer. Mr. Stumpf would like to transfer 7.2
acres from E ½ of Section 11-11-38 to the NW ¼ of Section 7-10-38 in Perkins
County. This transfer would make 261.6
total certified acres in Section 11-11-38 and 75.1 total certified acres in the
NW 7-10-38.
Ø Terryberry moved to approve
the transfer application of Marvin Stumpf to move 7.2 acres from the E ½ of
Section 11-11-38 to the NW ¼ of Section 7-10-38. Seconded by Gengenbach.
Discussion.
Roll
call vote: 5-yes, 3-no, 3-absent. Motion carried.
Voting
yes: Gaschler, Gengenbach, Schilke, Terryberry and Wallin. Voting no: Large,
Martin and Pelster. Absent: Bernhardt, Strand and Mosel.
The
Board reviewed the transfer application request from Duane Dinnel to Tom
Luhrs. Duane Dinnel would like to
transfer 27.7 acres from the SW ¼ of Section 2-7-36 and 21.3 acres from the N ½
of Section 11-7-36 to SE ¼ of Section 15-6-37 that is owned by Tom Luhrs. This would make 49 total certified acres in
the SE ¼ of Section 15-6-37.
This
will be an agenda item for the June 3, 2008 Regular Board meeting.
VARIANCE COMMITTEE:
None.
Mosel
arrived at 7:50 pm.
REPORT OF DISTRICT
APPLICATIONS, CONTRACTS, AGREEMENTS:
Greg
Pelster made corrections to the report of District applications, contracts and
agreements. Under Johnson Enterprises
(P-47) the correct legal’s are the SW 21 and the
NW
33 is in 11-35 instead of 11-36.
Ø Terryberry moved to approve
the Report of District applications, contracts and agreements dated May 6, 2008
to include the NSWCP applications, pooling contracts as corrected, well
plugging applications and the additional NSWCP application for Dennis Demmel
that is not on the report. Seconded by Martin.
Roll
call vote: 9-yes, 2-absent. Motion carried.
REPUBLICAN RIVER BASIN
MEETING/COMPACT REPORT:
Jasper
reported that the Republican River Compact administration had an engineering
committee meeting in Denver at which the 3 states reviewed some of their
concerns over accounting issues and the model. There were a couple of things on
the Riverside canal and some of Nebraska’s surface water canals where the
accounting didn’t accurately catch exactly where the return flows hit the river
at. This could affect what percentage of the water Nebraska got towards its
allocation. The states still cannot agree on what should be done and in May
they will have a special meeting to try to work things out before going to
arbitration. There were several other concerns raised and discussed at the
meeting.
LEGAL COUNSEL REPORT:
None.
REPUBLICAN RIVER COALITION:
Traci
Witthuhn gave the Republican River Coalition report. There has been no news on the court’s
decision on the Friends of the River lawsuit. Traci reviewed the financial
statements and the draft budget for FY 2008-2009. Traci and Jasper reviewed
with the Board that the Coalition would need approximately $15,000 extra for
this fiscal year budget. This additional
amount is due to legal fees that the Coalition has incurred.
SURFACE WATER LEASES:
Jasper
reported that the state leased water from Frenchman Cambridge and Frenchman Valley
Riverside natural flow as insurance as we reach a water short year trigger to
keep out of water short year accounting for 2008. Some of the irrigation districts our working
with the Coalition on long term water leases which all depends on funding.
BUILDING PROJECT:
Jasper
discussed the design alterations on the new building with the Board. There was some cabinetry design with a sink
in the hallway for water quality projects. This has been reviewed and we would
like to remove the sink and make closets for coats and storage. There are some outlets in this hallway that
will also need moved. Jasper will need a
floor outlet and in the Board room there will need to be a plug in and a data
plug in the ceiling. There will also need to be an internal water faucet in the
shop. The floor plug in will need approved tonight before the concrete is
poured.
Ø Martin moved to direct
management and architects to pursue a change order and to install floor outlet
in the manager’s office. Seconded by Mosel.
Roll
call vote: 9-yes, 2-absent. Motion carried.
Jasper
discussed the furnishings with the Board.
He has spec out furniture and has received 3 bids mainly for HON
furniture. The bids were within a few hundred dollars of each other.
ASSISTANT MANAGER’S REPORT:
Dirk
reported on Chase County Commissioners meeting he attended for Hazard
Mitigation planning. JEO consultants gave a presentation at this meeting
regarding Hazard Mitigation planning. The Commissioners are going ahead with
the plan and wanted the NRD’s participation with this but understand that the
NRD’s participation is tentative until Board approval. JEO put together a
planning grant for $45,000 and the grant is a 75%/25% grant. Paul Kunneman,
Chase County Emergency Manager, was present and discussed the grant with the
Board. The grant has been submitted to
the State for approval. There is money set aside for Counties that have a
Mitigation Plan in place. This money can be used for disaster projects such as
flooding or ice storms. Other groups participating are City of Imperial,
Village of Wauneta, Champion, and Lamar, Hospitals, ambulance and fire
departments. The 25% cost would be split
equally among the participants. Perkins County is also putting together a
Hazard Mitigation Plan.
Ø Martin moved that the URNRD
participate with the Chase County Hazard Mitigation plan. Seconded by Gaschler.
Discussion.
Ø Mosel moved to amend the
main motion and add to participate with the Perkins County Hazard Mitigation
Plan. Seconded by Gengenbach.
Roll
call vote: 9-yes, 2-absent. Amendment carried.
Ø Martin moved to amend the
main motion to add to place a $2500.00 cost cap for the Chase and Perkins
County Hazard Mitigation Plan. Seconded by Gengenbach.
Roll
call vote: 8-yes, 1-no, 2-absent Amendment carried.
Voting
yes: Gaschler, Gengenbach, Large, Martin, Mosel, Wallin, Schilke, and
Terryberry.
Voting
no: Pelster. Absent: Bernhardt and Strand.
Ø The main motion now reads: moved
that the URNRD participate with the Chase County and Perkins County Hazard
Mitigation Plan and to place a $2500.00 cost cap on the plan.
Roll
call vote: 8_yes, 1-no, 2-absent. Amended Motion carried.
Voting
yes: Gaschler, Gengenbach, Large, Martin, Mosel, Pelster, Schilke, and
Terryberry.
Voting
no: Wallin. Absent: Bernhardt and Strand.
INFORMATION AND EDUCATION:
Teresa
Hayes submitted a request for funding from Wauneta Palisade Schools for the
State Envirothon competition registration.
The cost is $100.00 and Middle Republican NRD will sponsor half of this
registration.
Ø Terryberry moved to approve
the URNRD share of the registration fee for the State Envirothon competition.
Seconded by Gaschler.
Roll
call vote: 9-yes, 2-absent. Motion carried.
Jasper
reported that a draft newsletter is being worked on and should be out in a few
weeks.
BOARD OF DIRECTORS:
Jasper
asked to go back to an earlier agenda item under Republican River Coalition and
would involve pending litigation and personnel issues.
Ø Martin moved to go into
executive session for personnel issues for 15 minutes with the Board, Management
and Legal Counsel. Seconded by Terryberry.
Roll
call vote: 9-yes, 2-absent. Motion carried.
The
Board went into executive session at 8:45 p.m.
Ø Martin moved to come out of
executive session at 9:00 p.m. Seconded by Terryberry.
Roll
call vote: 9-yes, 2-absent. Motion carried.
Chairman
Pelster adjourned the meeting at 9:01 p.m.
The next Regular Board meeting will be Tuesday, June 3, 2008 at the NRD
Office in Imperial starting at 7:30 p.m.
Respectfully
submitted
Tom
Terryberry
Secretary/Treasurer