NIOBRARA COUNCIL

December 2009 Meeting Minutes

280 North Main Street

P.O. Box 206

Valentine, Nebraska 69201

 

(402) 376-2793 voice, (402) 376-1331 fax

info@niobraracouncil.org

Click here for the Niobrara Council Home Page

 

Niobrara Council MINUTES from the December 17, 2009 meeting

 

1.  Call to Order / Excused Absences.  Chair Hall (due to the absence of Sawle, vice chair Hall led the meeting) called the Niobrara Council meeting to order at 1:05 p.m.  The meeting was held at the Cherry County Courthouse, 365 North Main Street, Valentine, Nebraska.

Present:  Mark Adamson, Jason Appelt, Dave Beck, Twyla Graham, Betty Hall, Steve Hicks, Dennis Jilg, Kerry Krueger, Lance Kuck, Mike Murphy, Buddy Small, Clayton Stalling, Mike Tuerk.

Not Present (Excused Absent):  Dan Foster, Pete Sawle.

Not Present (Un-Excused Absent):  Dallas Dodson

 

2.  Public Meeting Business.

A.  Statement regarding Open Meetings Act.  Chair Hall pointed out the Nebraska Open Meetings Act, posted on meeting room west wall and readily available to the public for viewing.

 

B.  Adoption of December 17, 2009 Agenda.  Adamson motioned to adopt the December 17, 2009 agenda, Small second.

Roll Call Vote:  12 Ayes – Appelt, Beck, Graham, Hall, Jilg, Krueger, Kuck, Murphy, Small, Stalling, Tuerk, Adamson.

2 Not Present – Dodson, Sawle.

       Motion carried:  12 ayes to 0 nays and 2 not present.

 

C.  Statement of Publication for December 17, 2009 meeting.  Kieborz stated public meeting notices were published in area newspapers (Ainsworth Star-Journal, Valentine Midland News, Springview Herald, Rock County Leader) and copies were also available for inspection. 

 

D.  Incorporation of Affidavit/Proof of Publication into October 5, 2009 Minutes.  Chair Hall directed incorporation of original affidavit/proof of publications into minutes from the October 5, 2009 meeting.

 

E.  Approval of October 5, 2009 Minutes.  Small motioned to approve the October 5, 2009 minutes, Graham second.

       Roll Call Vote:  9 Ayes – Beck, Graham, Hall, Kuck, Murphy, Small, Tuerk, Adamson, Appelt.

3 Abstain – Jilg, Krueger, Stalling.

2 Not Present – Dodson, Sawle.

       Motion carried:  9 ayes to 0 nays with 3 abstain and 2 not present.

 

3.  Treasurer’s Report and Claims.

A.  Approval of monthly claims for November 2009.  Krueger motioned to approve the monthly claims for November 2009 in the amount of $13,434.00.  Small second. 

Roll Call Vote:  12 Ayes – Graham, Hall, Jilg, Krueger, Kuck, Murphy, Small, Stalling, Tuerk, Adamson, Appelt, Beck.

2 Not Present – Dodson, Sawle.

       Motion carried:  12 ayes to 0 nays and 2 not present.

 

B.  Approval of monthly claims for the December 17, 2009 meeting.  Small motioned to approve the monthly claims for the December 17, 2009 meeting in the amount of $6939.51.  Krueger second. 

Roll Call Vote:  12 Ayes – Graham, Hall, Jilg, Krueger, Kuck, Murphy, Small, Stalling, Tuerk, Adamson, Appelt, Beck.

2 Not Present – Sawle, Dodson.

       Motion carried:  12 ayes to 0 nays and 2 not present.

 

 

4.     Agency/Organization Reports.

A.  NPS - Visitor Management & Project Updates.  Stuart Schneider gave a brief NPS report.  The results from the visitor survey cards were discussed.

 

B.  USF & WS - Visitor Management & Project Updates.  Hicks gave a brief project report

 

C.  NG&PC – Update (Niobrara River - Instream flow process).  There was some discussion regarding the NG&PC recent deer management meeting held in Valentine. 

 

D.  NRD – Middle Niobrara and Lower Niobrara Updates.  Murphy and Beck each gave brief NRD reports.

 

E.  Niobrara Council Monthly Staff Report.  Kieborz and Kelly gave brief staff reports highlighting that there is remaining education funding that they are going to put towards an after school program this winter. 

 

F.  Friends of the Niobrara report by Mel Thornton.  Mr. Thornton discussed the letter that the Friends of the Niobrara and the Nebraska National Wildlife Federation had at the Nebraska State Fair for petition signing encouraging the Niobrara Council to continue to pursue conservation easement along the Niobrara River.   

 

5.     Legislative Issues.

A.  Update/action/report regarding revisions/suggestions/changes to Niobrara Council Statute.  There was no action taken on this item.

 

B.  Discussion/action/report regarding LB666.  There was no action taken on this item.  It was requested that this item be removed from future agendas.

 

6.  Resources Management.

A.  Report from the Resources Committee.  Kuck reported that the Resources Committee discussed the possibility of the Niobrara Council weighing in on wildlife management issues such as the deer management meeting recently held in Valentine.  There was also discussion on recycling and the use of re-usable water bottles.   

 

B.  Discussion/action regarding Niobrara Council developing agreement with the Rosebud Sioux Tribe to facilitate the YCC (Youth Conservation Corp.) Program.  There was no action taken on this item, it will be placed on the January agenda for action. 

 

C.  Discussion/action regarding Law Enforcement issues/activities on the Niobrara National Scenic River.  Stuart Schneider, Chief Ranger, Niobrara National Scenic River, gave a brief and informative report on Law Enforcement activities in the Niobrara National Scenic River. 

 

7.  Water Issues on the Niobrara River.  Discussion/action regarding NG&PC resolution (Niobrara River Instream Flow issues).  There was some discussion about the proposed resolution.  It was mentioned that the NG&PC next meeting is January 15th and prior to the January meeting of the Niobrara Council.  Kuck motioned that the Niobrara council encourage the Nebraska Game and Parks Commission to place the resolution (regarding instream flow issues on the Niobrara River) on their January (2010) meeting agenda and act on said resolution.  Jilg second.  There was some discussion about the actions of the NG&PC Commissioner regarding positive, negative or neutral regarding the resolution.  Hicks motioned to amend the original motion to include acting in a positive manner towards approving the resolution.  Small second.  Some additional discussion and clarifications took place regarding the second to the original motion. 

 

(Roll Call Vote on the amendment to the original motion)

Roll Call Vote:  6 Ayes –  Hall, Krueger, Kuck, Small, Stalling, Graham.

6 Nays – Jilg, Murphy, Tuerk, Adamson, Appelt, Beck.

2 Not Present – Sawle, Dodson.

Motion fails:  6 ayes to 6 nays and 2 not present.

 

 

(Roll Call Vote on the original motion)

Roll Call Vote:  7 Ayes – Jilg, Krueger, Kuck, Small, Stalling, Graham, Hall.

5 Nays – Murphy, Tuerk, Adamson, Appelt, Beck.

2 Not Present – Sawle, Dodson.

Motion carried 7 ayes to 5 nays with 2 not present.

 

8.  Infrastructure Issues.  Report from the Road and Bridge Committee.  There was a brief report given regarding the road and bridge committee meeting.  They are planning a January committee meeting. 

 

9.  Development Issues.  Report on structure adjacent to Berry Bridge on Simmons property, along Niobrara River.  Kieborz reported that the structure in questioned was removed.

 

10.    Conservation Easements.

A.  Discussion/action/report on current conservation easement projects.  Kieborz reported that the Council has received back a signed memorandum of understanding from the Brown County Landowner.  The next step in the process is to secure an appraiser. 

      

B.  Report from Adamson and Tuerk regarding attendance at the LTA Conference in Oregon.  Adamson and Tuerk both gave brief reports regarding their attendance at the LTA Conference in Oregon, in October. 

 

11.  Personnel Issues.  Discussion/action/report from the Personnel Committee; Kieborz annual review/suggestions.  There was no action taken on this item, it was requested that it be placed on the January agenda. 

 

12.  Public Comment.  Rosemary Thornton thanked the Council for the motion they made regarding the NG&PC instream flow related resolution.  Mel Thornton informed the Council of their on-going movie project, grant funds received and the progress of the project.      

 

13.  Suggestions for January 21, 2009 Niobrara Council meeting (Cherry County Courthouse, Valentine, Nebraska).  Some suggestions for the January agenda included the RMS Symposium, YCC Agreement, Personnel Issues and Road and Bridge committee report.   

 

14.  Adjourn.  The meeting was adjourned at 3:10 p.m.

 

I, the undersigned Secretary of the Niobrara Council hereby certify the foregoing is a true and correct copy of the proceedings conducted by the Niobrara Council on December 17, 2009.  That all subjects included in the foregoing proceedings were contained in the agenda for at least twenty-four hours prior to the meeting.  The minutes were in written form and available for public inspection within ten working days or prior to the next convened meeting of said body, whichever occurs earlier.  All news media requesting notification of the time and place of said meeting and the subjects to be discussed at said meeting were notified.

 

                                         

       Jason Appelt (Secretary)