Tension continues at Antelope County courthouse

With a full board seated at the table, the Antelope County Commissioners addressed dust issues on a county road for the second week in a row.

Commissioners Carolyn Pedersen and Regina Krebs, who were appointed to fill vacancies the week prior, were sworn into office by Linda Mitchell, Antelope County Court magistrate, prior to the nearly six-hour meeting at the courthouse in Neligh last Tuesday, Nov. 12.

Tension appeared as issues arose regarding timing of agenda disbursement to commissioners, continuing during discussion about 846 Road, the Law Enforcement Center Fund and a claim presented for commissioner approval for the Law Enforcement Center.

During regular preliminary proceedings, Chairman Dean Smith asked if his fellow commissioners had reviewed the agenda and when they had received it, stating he had not received it until noon the day prior. Clerk Lisa Payne sent the agenda to Pedersen the previous Thursday evening when the new commissioner requested it. Smith asked if others received it then and if commissioners need to request the agenda. Payne replied that she had been busy the previous week. She also noted an addition to the agenda.

Krebs was elected vice chairman on motion by Eli Jacob, seconded by Charlie Henery. The motion carried unanimously.

Dust concerns near the home of Lee and Rhonda Meyer at the intersection of Highway 14 and 846 Road, a road included in a road-haul agreement between the county and Invenergy, were revisited.

During the previous meeting, Invenergy had agreed to lay down asphalt millings, water the roadway as needed to control dust, and reach out to the owner of land to the south, with whom they had obtained an easement for construction of a turn radius. The plan was to request the private easement allow public use of the turn radius to access the state highway, as an alternative to the west 200 or so feet of county road that had been closed and barricaded due to dust.

The millings had been laid, as agreed. Ben Turner contended Invenergy had unsuccessfully reached out to the Klein family several times during the week, regarding the easement. He said the turn radius was intended for heavy-haul wind farm traffic, with public access used as a temporary solution to the dust problem. He suggested milling the additional 200 feet to the highway in order to reopen the segment of county road to public traffic, as an alternative to amending the easement, with wind farm traffic using the turn radius. He said the company would work with the county to make sure proper signage was in place and there will be no dust.

Lengthy dialog ensued, with input from Invenergy personnel, all five commissioners, road superintendent Casey Dittrich and county attorney Joe Abler. At one point, Smith made a motion for the Thunderhead project to "cease and desist" until the issue with Road 846 was addressed. The motion died for lack of a second.

Smith, Henery and Jacob agreed on one point - that public easement is needed for the turn radius. However, they did not agree on timing. Smith wanted to restrict use of 846 Road by wind farm traffic immediately, while Henery favored allowing Invenergy more time to amend the easement. He said it is the general public who should be restricted from use of the turn radius.

Rhonda Meyer said although millings had helped, concern about dust continued. She said traffic is increasing and the road had been watered for control of dust only once in three months, although the Meyers had offered Invenergy the option to house a water truck on their property and even to fill it. She showed county and Invenergy officials a photo taken after millings were applied, which showed dust rising from a westbound truck traveling the road.

Pursuant to the Thunderhead road-haul agreement, Dittrich filed official grievance, which allowed the company 24 hours to resolve the issue, before a daily $2,500 fine would be imposed.

Later in the meeting, local attorney Martin Klein addressed the commissioners. He said he heard about the issues a month before, not from anyone with the county or Invenergy, and he spoke to Dittrich two weeks prior. He said an Invenergy attorney emailed him just last Tuesday.

"Invenergy has known the issue for at least a month. I figure if they can discuss it with their attorneys and try and come up with a resolution amongst themselves, without contacting the landowner, they can wait a month to contact me, unless they want to contact my mother directly because she is the landowner. So, Invenergy has another 21 days and then they can contact me regarding the issue," Klein said. "I don't want to cause any problem for the county in any way, shape or form, but I want to make sure this does not cost the county any money...Their attorneys could have just come and talked to me, they failed and refused to do that for over a month."

Rhonda Meyer confirmed, in a Saturday phone call, that millings were laid on the 200-foot road segment Wednesday and the road watered Friday morning.

"If they don't continue to water, we will call Casey (Dittrich) ASAP," she said.

Meanwhile, traffic was also increasing from the Thunderhead lay-down and road-construction yards that are located two miles west. Trucks traveling westward toward tower sites have resulted in additional dust complaints from area residents.

Smith fielded three complaints Saturday morning, from Leonard Kerkman, Janis Bolling and Merlin Bolling Jr. The commissioner filed a grievance with Invenergy.

On a motion by Pedersen, the commissioners approved amending the agenda to include an emergency item, to address adoption of a resolution to reduce the speed limit and the barricades on 846 Road. A motion by Jacob to reduce the speed limit carried as well.

Prior to approving the monthly claims, Smith asked if the Finance Committee had reviewed the claims. He was told by Payne (with the removal of board members Tom Borer and Allan Bentley) there is no Finance Committee in place.

Smith disagreed, saying Henery was the alternate member and could have reviewed the claims. He then opted for each board member to review each claim, which proved to be a lengthy process.

"I have always thought all board members need to see all claims, not just the half that they sign," he said. "Because there is a vote taken to approve all claims."

"I agree," Payne said. "I suggested that in January."

The clerk also explained a transfer that was included with the claims, $97,000 from the 2940 account (Law Enforcement Center Fund) to the General Fund, then transferred to the road and bridge account and the disaster account.

After paying claims, the General Fund balance would be about $400,000 according to Payne, prompting the decision to transfer funds. When asked by Smith, she said the Law Enforcement Center account balance was $456,890, prior to the transfer.

"Quite honestly, that entire amount should be transferred into the General Fund," Smith said. "It's General Fund's money."

Henery disagreed, saying it was a separate account.

"You can't do that. No." county sheriff Bob Moore said from the back of the room. "We're paying medical bills...there's several bills being paid out of there."

Smith postponed further claim review, moving forward with the agenda.

"We are paying claims here, if we're going to get into a discussion, we're going to quit paying claims. I'm going to go back to the meeting...We have people here (who) need to address the board, I'm not going to make them wait any longer. It's 10 o'clock," he said. "This is good, but it's taking longer than I anticipated."

The board returned to claims after clearing the agenda.

"We can't do this one," he said as he reviewed a claim. "Down payment on a new Durango? Was that discussed with the board?"

Moore replied, "It was in my budget."

Smith disagreed.

Henery said, "I think he talked to the auditor, if it's in his budget."

"Show me where it's in his budget," Smith countered before setting the claim aside to continue.

After the board reviewed the remaining claims, he invited Moore to address the claim. Moore asked if he could also address the LCE account that was discussed earlier, which Smith said he was welcome to do.

"First of all, the Durango is in front of you for your approval, if you guys choose to vote it down, you choose to vote it down. That's why it's here, that's why we got the claim in front of you. If you guys don't want me to buy a Durango, then that's fine," he said. "I buy a new vehicle every year. It was never a problem until today."

Smith countered, "We've never had a once-in-a-lifetime storm that has hit this county and has had us expend the amount of money we have had to."

Moore came back, "You point of order everybody all the time and I have the microphone and you sit there and just cut me off. Where is this fair? Why do I even want to be at this meeting?" and walked away.

After reprimanding the chairman, Pedersen commented, "He's here trying to explain to you why this was set up and to everybody else here, why it was set up by the state auditor...It's a board decision, it needs to come through with everybody else's and it needs to be voted on."

"He said he's already got the approval from the board so why do you doubt his word?" Jacob asked.

Henery added, "If he feels that every year he needs to take money out of that 40 or whatever fund (LCE account) that he is the only entity in this county that's bringing money in through housing prisoners, and he feels it's a safe option to buy a new vehicle and take an older one out of service, I think it needs to happen."

Smith said he was not being disrespectful.

The down payment claim was $11,900 for the Durango, purchased through the state bid process. Pedersen also explained the budget forms used by the county do not have line items for vehicles that she is aware of.

"If he goes over at the end of the year, he can't go over, if he falls short, he just falls short so he's going to have to make up for it," she said.

After making sure the claim had the required two signatures and "a stamp," Smith called for a motion to pay claims. Henery so moved and Jacob seconded. The motion carried, 4-1, with Smith voting nay.

The commissioners also approved grinding two miles of 866 Road, the center two of a four-mile stretch that is unsafe according to Dittrich. He said the other option was to close the road. The contractor offered to defer payment of an estimated $36,000 until the next fiscal year.

Discussion included the possibility for additional expense if the road does not have enough oil remaining.

Payne questioned the delayed payment, "I don't know how the auditor is going to like it, but it should be okay."

"I don't think it will even be turned in until July," Jacob said. "The auditor won't even know you are doing it."

Pedersen pointed out the auditor reviews meeting minutes, "They will know."

In other business, the commissioners:

~Approved two-year law enforcement contracts with the villages of Elgin ($32,400 annually), Clearwater ($14,427) and Oakdale ($11,226), with no increase at the request of Moore; Orchard's contract, added to the agenda less than 24-hours before the meeting, will be addressed at the next meeting;

~Approved new fees presented by county treasurer Deb Branstiter, $0.55 for mailing vehicle registrations, $25 for returned checks and $3 per plate plate, to mail license plates; a resolution will be prepared for adoption at the next meeting;

~Approved administrative plat for Austin Mitchell for a three-acre tract he is purchasing from Calvin Heithoff in Elgin Township, as presented by Liz Doerr, zoning administrator;

~Approved $300 grant for the Neligh parade of lights, as approved by the Visitors' Committee;

~Approved an access permit for a driveway at new residence northeast of Orchard for Henry Yoder; an underground permit for an eight/10-inch double-wall effluent line for Fry Dairy; three underground permits, within the county right of way, for Elkhorn Rural Public Power District; and two underground permits for Greg Mullins in Custer Township that were tabled the previous week, conditional on receipt of copies of permits from the state;

~Heard from Dittrich that the road and bridge budget is 48% expended, the Inheritance Fund is trending lower and he had no good news for FEMA funds coming in soon;

~Heard from Payne that she did not have the final cost of the special recall election computed, she was asked to provide the figures at the next meeting;

~Heard from Payne that Chris VonEgmond had requested a TERC hearing on his property assessment; and

~Heard from Payne that construction/operating permits were issued to Mueller Dairy and Livestock, Chad Lingenfelter and Klabenes Land and Cattle.