Attorney asked to resolve disagreement on amendment of meeting minutes

Attendees at the Sept. 10 Antelope County Commissioners' meeting at Neligh's courthouse found new accommodations for hearing county business.

A new sound system, including microphones in front of each commissioner, County Clerk Lisa Payne and at the witness table, had been installed.

Commissioner Dean Smith acknowledged Invenergy officials for the donation.

"I think it is much needed, I have always felt that it was. I appreciated you doing that for the county," he said. "I think it will be a real benefit for the people sitting in the audience."

The equipment was donated by Invenergy and installed by Bob Penne of Tilden. The commissioners gave unofficial approval to purchase of a secure cabinet for the equipment from Penne, who submitted a quote of $629.

As the meeting continued, contention again brewed between county officials, with the county attorney called in for advice.

Smith asked two amendments be made to official minutes of the Aug. 22 board meeting, to note an audience member "cursed at the board" and "flipped board members off."

"No, that can't be part of the minutes, that wasn't said," County Clerk Lisa Payne said. "I need to call my county attorney."

County Attorney Joe Abler advised, "If you want it noted in the minutes, I don't see why you can't put it in the minutes."

Commissioner Eli Jacob said the amendments should be put on the agenda, "so he can be here to defend himself."

The alleged audience member was not present at the time, but arrived at the meeting a short time later.

Smith replied that the audience does not approve the minutes, subsequently moving to amend the minutes by adding, "at which time he cursed at the board." He also moved to amend the minutes to note, "at that time Lyle Juracek made an obscene, inappropriate gesture to the board."

Both motions were seconded by Commissioner Allan Bentley and carried on 3-2 votes, with Jacob and Commissioner Charlie Henery voting nay on each.

After Abler gave his opinion, Payne questioned Board Chair Tom Borer and Bentley, "I want to clarify...you didn't see it, but you are going to vote that it happened?"

Borer replied it was "board" minutes.

"I know, but I write them," she said. "You are telling me to put something in there that one person saw, you are all going to say it happened."

Bentley replied, "Correct."

After a motion by Smith, seconded by Bentley, to approve the minutes as amended, Payne commented the changes would be noted in the current meeting minutes, not in the original minutes of the August meeting, then asked "Is that correct?"

She was informed that the motion was to approve Aug. 22 "amended" minutes. The motion carried, 3-2, Henery and Jacob again voting no.

Abler addressed the board about sharing privileged client-attorney communications.

"I am your legal counsel," he said. "A couple weeks ago, Aug. 22, the board took action which was in error... I wrote you guys a very, I thought, a very good letter, advising you what the error was, how it could be corrected and if we didn't correct it right away, what could possibly happen."

"Then the next morning, basically we had an emergency meeting and before I know it, my letter is being quoted in the paper," he continued. "When you discuss things between legal counsel, it's normally privileged."

He reminded the board that client-attorney privilege needs to be waived by the board as a whole, not individually, before information is made public. He indicated he had shared the communication with the attorney general and secretary of state, so privilege may not apply in the situation referenced.

He went on to say the board's action at the emergency meeting brought the county into compliance with statute, which was his aim in sending the letter.

Bentley asked which board member released the letter.

"I have no confirmation, there were no emails sent by any individual commissioners to the press," Abler answered. "It must have been printed and handed to the press. I even had the press call me and ask for a copy of the letter and I said, 'I'm sorry, you are not going to get it from me.'"

He clarified that electronic communication between the board members and with other county officials is considered public information, the distinction being communication between legal counsel and officials, regarding legal issues.

Antelope County Treasurer Deb Branstiter addressed the board, advising them that a $700,000 transfer was made from the Inheritance Fund to the General Fund to cover September claims, taking the balance of the fund to $800,000.

The commissioners considered repair of crumbling concrete in the parking lot. Three bids were read, including: Ace Construction of Omaha, $15,676; Parra Boyz Construction of Tilden, $11,750; and Don Zegers Contracting of Neligh, $12,978.

One bid included labor only, with the county to be billed for concrete. Zegers was present to answer questions and indicated his bid was complete, with all labor and material for the parking lot repairs and additional sidewalk repair.

The board voted to take no action on the bids, after a recommendation by Zegers to wait until spring. Temporary repairs will be completed by the road department.

A public hearing was held regarding a conditional use permit application by Jason Fischer and Matt Fischer for a feedlot near Brunswick. Liz Doerr, county zoning administrator, said the process is a little different than typically seen.

A Department of Environmental permit has already been granted, with an exception allowing up to 3,000 head of cattle, without waste containment.

No one spoke in opposition to the CUP. Comments in support were made by Smith and two audience members, Terry Brookhauser and Lester Anson, who reside near the site. The commissioners approved the CUP, on a unanimous vote.

Casey Dittrich, road superintendent brought to the table "like quotes" relative to a 2005 belly-dump trailer the commissioners recently agreed to purchase from Matt Klabenes for $26,000. He also researched rental rates for similar trailers, estimating $1,400 per month, noting the trailer has been used by the county for a year and it is outfitted for the county's truck.

Prices presented included a 2005 Trail King trailer for $33,950; a 2000 Roadmaster trailer for $28,800; and a 2007 CPS trailer for $27,500. The leaders unanimously approved purchase from Klabenes.

Dittrich also advised the county leaders of a letter he had received from Oakdale village board members, asking for support in mitigating an issue with a resident who is allegedly hauling in junk and trees, piling the material on county property.

Dittrich updated the commissioners on road and bridge projects. He said, due to cooling temperatures and forecasted rain, road overlay will most likely not take place this fall.

He explained an option to stockpile millings at Clearwater and Oakdale and proposed having Prouty Construction come in with a concrete crusher equipped with a dirt belt. Asphalt and dirt would be separated, leaving a better-quality asphalt material for overlaying. He said the cost would be $8 per ton of clean-screen millings, and estimated trucking at about $9,000 per mile.

Dittrich said armor coating was anticipated to begin Sept. 16, on the Pierce Road, Copenhagen Road and Orchard Road.

The commissioners moved to budget discussion, which took the final hour of the meeting, despite a 3-2 decision reached Sept. 3, directing Payne to proceed with a budget highlighted by a 2.5-cent levy increase. Borer and Bentley had both voted for an option with no levy increase at that meeting.

Borer opened discussion with a statement: "I'm against, as I stated last week, a 12% tax increase. I think it's bad timing, considering the current state of our ag economy. I think, if anything, we should be lowering the taxes to stimulate the economy. I think the board has other alternatives, other than raising the taxes. Raising taxes is an easy way out, but I think it's the wrong thing to do.

"...Previous boards built a rainy-day fund up for disasters just like we had. But I don't think it's right to ask the taxpayers to pay for a big chunk of it back in one year. I believe the board can manage (it's) way through this without raising taxes."

After hearing Borer's statement and arguments from Bentley, Smith waivered from his previous opinion, briefly. "I am leaning towards not being in favor of the 2.5-cent (increase)," he said.

He would later return to his original perspective after hearing input from Jacob, Henery, the county sheriff and Dittrich.

"Now I'm leaning the other way," he said. "I'm about ready to fall over. I'm wobbling."

Jacob said adopting a budget with no increase would stop road projects.

Sheriff Bob Moore commented, "The public is even pounding down our door about the roads. It's not going to go away."

Dittrich reviewed nearby county's levies and said several were dealing with flood-repair expense through bond issues.

Bentley cited population decline averaging 1% per year for the past century, opining, "We need to quit raising the taxes every year when we have less and less people to pay it every single year."

Henery pointed out a perception of error in Bentley's logic "The land is being taxed the same no matter what the population is, the land is still there to be taxed."

He also spoke about long-term benefits from road projects.

Borer concluded the discussion, saying "I think it all boils down to you, Dean."

No action was taken, nor changes made to the budget summary prepared by Payne and published in area newspapers Sept. 12.

The budget was adopted on a 3-1 vote, Sept. 17, with Bentley absent. Borer voted no.