UPPER ELKHORN NATURAL RESOURCES DISTRICT   

BOARD OF DIRECTORS MEETING

September 14, 2009 -- 8:00 P.M.

O’Neill, Nebraska

CALL TO ORDER, STATEMENT OF ADVERTISEMENT AND OPEN MEETING LAW NOTIFICATION:

The regular meeting of the Board of Directors was called to order at 8:05 P.M. by Chairman Dale Wiles.

DIRECTORS PRESENT:

Jerry Childers               Chris Dierks                 James Dvorak               Gregg Felker                Reg Green

Jerry Heithoff               Ted Hughes                  Jim Keller                    Tim Knuth                    Jeff Krebs

Mike Russman               Roy Stewart                 Dale Wiles

DIRECTORS ABSENT:    

Curtis Gotschall            Janet Koinzan               

STAFF PRESENT:

Dennis Schueth, General Manager

Tom Riley, Water Resources Manager

Marsha Hart, Administrative Secretary

Beth Walsh, Information & Education Coordinator

GUESTS PRESENT:

Jerry Kovarik - NRCS - O’Neill

AGENDA:

]It was moved by Jim Keller and seconded by Ted Hughes to adopt the agenda.  AYE:  Felker, Green, Heithoff, Hughes, Keller, Knuth, Krebs, Russman, Stewart & Wiles.  NAY:  None.  ABSTAIN:  None.  ABSENT:  Childers, Dierks, Dvorak, Gotschall & Koinzan.  MOTION CARRIED.

AUGUST 12^th BUDGET WORKSHOP MEETING MINUTES:

The minutes of the August Meetings were reviewed by the Directors.  ]It was moved by Reg Green and seconded by Jeff Krebs to approve the minutes of the August 12, 2009 Budget Workshop Meeting.  AYE:  Dvorak, Green, Hughes, Krebs, Stewart & Wiles.  NAY:  None.  ABSTAIN:  Felker, Heithoff, Keller, Knuth & Russman.  ABSENT:  Childers, Dierks, Gotschall & Koinzan.  MOTION CARRIED.

AUGUST BOARD MEETING MINUTES:

]It was moved by Reg Green and seconded by Tim Knuth to approve the minutes of the August 24, 2009 Board Meeting with corrections to the Wellness section and vote.  AYE:  Felker, Green, Heithoff, Hughes, Keller, Krebs, Russman & Wiles.  NAY:  None.  ABSTAIN:  Childers, Dvorak, Heithoff & Stewart.  ABSENT:  Dierks, Gotschall & Koinzan.  MOTION CARRIED.

TREASURERS REPORT:

]It was moved by Roy Stewart and seconded by Jim Keller to approve the August Treasurers Report.  AYE:  Dvorak, Felker, Green, Hughes, Keller, Knuth, Krebs, Russman, Stewart & Wiles.  NAY:  None.  ABSTAIN:  Childers & Heithoff.  ABSENT:  Dierks, Gotschall & Koinzan.  MOTION CARRIED.

PUBLIC FORUM:

None

FY 09-10 BUDGET HEARING:

Open FY 09-10 Budget Hearing:  Reg Green, director of the Upper Elkhorn NRD, officially opened the 2009-2010 Fiscal Year Budget Hearing at 8:15 P.M.  The hearing was to remain open for a minimum of 20 minutes.  The purpose of the hearing is to receive support, opposition, criticism, suggestions or observations of taxpayers relating to the proposed budget and to consider amendments relative to the Upper Elkhorn NRD 2009-2010 proposed budget.  Dennis Schueth reported that there was a line item missed when the budget was reviewed regarding Dr. Chen’s Study.  The district still has another payment regarding the study; however, there will be no change to the budget or tax asking.

AGENCY & STAFF REPORTS:

NARD Report:  Dennis Schueth reported on the proposed resolutions and the possible friendly amendment to be offered by the UENRD.  He also reported that the UENRD is responsible for hosting the basin meeting at the annual conference, possible people to testify on behalf of the NRD’s regarding LR 181 and briefly discussed the questionnaire sent out by Senator McCoy’s office.      

DNR Report:  No Report.  The Commission will be meeting following the NARD Annual Conference.

NRCS Report:  Jerry Kovarik reported that they have been busy with CSP sign-up.  The deadline is for CSP sign up is September 30.  They have also been compiling the numbers for the EQIP program and should have those by the October board meeting.  

RC&D Reports:

North Central RC&D:  Minutes included in packets.  

Loup Basin RC&D:  Minutes included in packets.

Northeast RC&D:  Minutes included in packets.

Information & Education Report:  Beth Walsh’s report was mailed out in the Director’s packets.  Beth reported reviewed the annual conference reservations with the Directors.  Hotel confirmations were included in the Directors packets and any hotel changes should be handled by the Director. 

Water Resources Report:  Tom Riley’s report was included in the Directors folders.  Tom reported that he is still adjusting to the position and getting up to speed on the programs.  He has been developing the maps needed for the upcoming LB 483 Expansion of irrigated acres sign up and informational meetings.  Tom also reported that the water results should be available for next month’s board meeting. 

EBVC Update:  No report.

ELM Update:  Dennis Schueth reported there is a meeting scheduled for September 16.  He handed out the ELM update and explained that there are still some problems getting all the agencies involved to cooperate with each other.  They are also discussing the possibility of having a third party review.    

EXCUSED ABSENCES:  

]It was moved by James Dvorak and seconded by Jeff Krebs to excuse the absence of Curtis Gotschall and Janet Koinzan.  AYE:  Childers, Dierks, Dvorak, Felker, Green, Heithoff, Hughes, Keller, Knuth, Krebs, Russman, Stewart & Wiles.  NAY:  None.  ABSTAIN:  None.  ABSENT:  Gotschall & Koinzan.  MOTION CARRIED.

FY 09-10 BUDGET HEARING (Closing and Action):

Closing of FY 09-10 Budget Hearing:  There being no further testimony regarding the 2009-2010 fiscal budget for the Upper Elkhorn NRD, the Budget Hearing was closed at 8:38 P.M. by Reg Green, director of the Upper Elkhorn NRD. 

District Action on FY 09-10 Budget:  ]It was moved by Reg Green and seconded by Ted Hughes to adopt the FY 09-10 Budget.  AYE:  Childers, Dierks, Dvorak, Felker, Green, Heithoff, Hughes, Keller, Knuth, Krebs, Russman, Stewart & Wiles.  NAY:  None.  ABSTAIN:  None.  ABSENT:  Gotschall & Koinzan.  MOTION CARRIED.

COMMITTEE REPORTS:

Legislative, Finance and Planning:  The Legislative, Finance and Planning Committee met prior to the Board meeting and reviewed all the bills.  ]It was moved by Reg Green and seconded by Jeff Krebs to approve the current bills for payment.  AYE:  Childers, Dierks, Dvorak, Felker, Green, Heithoff, Hughes, Keller, Knuth, Krebs, Russman, Stewart & Wiles.  NAY:  None.  ABSTAIN:  None.  ABSENT:  Gotschall & Koinzan.  MOTION CARRIED.  There were no cost share requests to review.   

Water Quality and Watershed:  The Committee met prior to the board meeting.   Gregg Felker reported on the Chen Study which was mailed out in the packets.  The Committee has requested that Sue Lackey, Conservation & Survey Division, be invited to a meeting to explain the report.  To continue the study would be $12,000 ($6,000 for the next two years).  An Environmental Trust Grant has been submitted but will not hear until 2010 if it was approved for funding.  Dennis Schueth passed out information to the Board from Water Policy Task Force member Rich Uhrenholdt.  Dennis also discussed  resuming work on the Groundwater Management Plan Rules and Regulations.

FY 09-10 SPECIAL BUDGET HEARING:

Open Special Hearing – Setting of FY 2009-2010 Tax Asking & Mill-Levy:  Reg Green, director of the Upper Elkhorn NRD, officially opened the 2009-2010 Fiscal Year Special Hearing at 8:54 P.M.  The hearing was to remain open for a minimum of 20 minutes.  The purpose of the hearing is to receive support, opposition, criticism, suggestions or observations of taxpayers relating to setting the Tax Asking & Mill-Levy different from FY 08-09.

COALITION/TASK FORCE UPDATE:

Nebraska Habitat Conservation Coalition (Piping Plover):  No Report.

Nebraska Ground Water Management Coalition:  Dennis Schueth reported on the CNPP&ID lawsuit against the North Platte NRD.  He explained that if the Supreme Court sends the case back to the District Court, then the coalition and its members could sign on with the North Platte NRD and offer support.  He also discussed a request the coalition has received to take part in action against USDA regarding the Freedom of Information Act.  This could allow the NRDs the opportunity to obtain landowner information from the FSA.  ]It was moved by Gregg Felker and seconded by Jerry Heithoff to allocate $1,000 for the purpose of questioning the USDA-FSA Freedom of Information Act regarding landowner information between FSA and NRDs.  AYE:  Childers, Felker, Heithoff, Keller, Knuth, Krebs, Russman & Wiles.  NAY:  Dierks, Dvorak, Green, Hughes & Stewart.  ABSTAIN:  None.  ABSENT:  Gotschall & Koinzan.  MOTION CARRIED.   

Lower Platte Basin Coalition:  Dennis Schueth handed out the information for the September 16^th meeting in Lincoln. 

NIOBRARA RIVER FULLY APPROPRIATED DESIGNATION – ACTION:

Dennis Schueth reported that this lawsuit is still being fought in the courts and Brian Dunnigan may not make a determination until the suit is finished in the court system.    

UENRD FY 09-10 SPECIAL BUDGET HEARING:

Closing of Special Hearing:  There being no further testimony regarding setting the 2009-2010 Tax Asking & Mill-levy different than FY 2008-2009 for the Upper Elkhorn NRD, the Special Hearing was closed at 9:17 P.M. by Reg Green, Director of the Upper Elkhorn NRD. 

Setting of FY 09-10 Tax Asking & Mill Levy:  ]It was moved by Reg Green and seconded by Ted Hughes to adopt the resolution motion to set the mill-levy at 0.024257 per $100 of valuation and tax asking of $534,025.44 as read by Reg Green.  AYE:  Childers, Dierks, Dvorak, Felker, Green, Heithoff, Hughes, Keller, Knuth, Krebs, Russman, Stewart & Wiles.  NAY:  None.  ABSTAIN:  None.  ABSENT:  Gotschall & Koinzan.  MOTION CARRIED. 

ADMINISTRATIVE REPORT:

Dennis Schueth’s report was mailed out to the directors prior to the board meeting in their packets.  A copy is included with the official copy of the minutes in the office. 

The next Upper Elkhorn NRD will be scheduled for October 26, 2009. 

There being no further business to come before the Board, the meeting was adjourned at 9:27 P.M.