MINUTES OF THE NEBRASKA NATURAL RESOURCES COMMISSION JANUARY 31, 1996 Those in attendance were: Don Roberts, Chair Steve Chick Robert Bell, Member Jerry Mathiasen Robert Gifford, Member Gary Dorshorst Clifford Welsh, Member Frank Johannsen Wayne Davis, Member Julie Anderson Frank Bartak, Member Dayle Williamson, Director Wilbur Nelson, Member Jim Cook, Staff Glen Kroese, Member Terry Kubicek, Staff Richard Mercer, Member Tom Pesek, Staff Joe Hergott, Member Gayle Starr, Staff Richard Jiskra, Member Don Larson, Member Dale Watermeier, Member Vince Kramper, Member Roy Stewart, Member CALL TO ORDER The meeting was called to order by Chair Don Roberts in Conference Room B on the Lower Level of the Nebraska State Office Building at approximately 10:00 a.m. NOTICE OF THE MEETING Notice of the meeting was placed in the LINCOLN JOURNAL STAR on January 23, 1996, notifying the public of the meeting. INFORMATIONAL MATERIAL The following items of informational material were distributed during the course of the meeting and a copy of each is attached to the file copy of the minutes. 1. Director's Report. 2. Minutes of the Executive Committee Meeting. 3. Minutes of the Program Committee Meeting. 4. Minutes of the Legislative & Budget Committee Meeting with attachments. 5. Comprehensive Planning Committee Meeting Minutes and attachments. 6. Soil and Water Conservation Fund Report. 7. Natural Resources Conservation Service Report and FY 95 Annual Report. MINUTES Motion was made by Kramper and seconded by Mercer to approve the minutes of the December 6 and 7, 1995, Commission meetings as distributed. Motion carried. Aye: Kroese, Stewart, Larson, Bell, Jiskra, Watermeier, Nelson, Mercer, Welsh, Gifford, Davis, Bartak, Kramper, Roberts Nay: None Not Present: Hergott, Shaughnessy EXPENDITURES Motion was made by Bell and seconded by Gifford to approve the expenditures for November and December, 1995 as distributed. Motion carried. Aye: Kroese, Stewart, Larson, Bell, Jiskra, Watermeier, Nelson, Mercer, Welsh, Gifford, Davis, Bartak, Kramper, Roberts Nay: None Not Present: Hergott, Shaughnessy DIRECTOR'S REPORT Dayle Williamson noted that his written report had been distributed to Commission members and included a copy of the speech he will be giving at the NACD National convention in Las Vegas next week. He briefly updated Commission members on several national natural resources legislative issues and addressed several aspects of the proposed Farm Bill legislation. ADVISOR'S COMMENTS Steve Chick distributed a report and briefly discussed several issues including Whole Farm/Ranch Planning, wetlands, and budget issues. He also distributed copies of an NRCS annual report for 1995. Jerry Mathiasen, NARD Executive Director, reviewed the NARD Legislative Conference and outlined the position that the NARD Board had approved regarding specific legislation. He also distributed copies of a position paper regarding property tax issues and reviewed that with the Commission. Frank Johannsen, State Director of the Consolidated Farm Services Administration, commented on pending federal legislation related to agriculture and noted the changes that have taken place in his agency. ENVIRONMENTAL TRUST Vince Kramper briefly noted that applications for Environmental Trust funds are due soon and the Environmental Trust will be reviewing those when they are available. PROGRAM COMMITTEE Committee Chair Vince Kramper noted that Ron Cacek had reviewed the Gering Canal and Flood Control Resources Development Fund project application for the committee and that a recommendation for the Commission would be forthcoming from the committee at the March meeting. Kramper indicated that the committee had reviewed the high bids received at the public auction of the Swan Creek 27 and Upper Big Nemaha 12-B properties on January 10. Motion was made by Kramper and seconded by Larson to accept the high bids of $48,000 or $600 per acre for the 80 acre Weichel tract at Swan 27, $57,600 or $360 per acre for the 160 acre Hermsmeier tract at Swan 27, $72,000 for the 12.825 acre farmstead/acreage on the Verbeek tract at Upper Big Nemaha 12-B, and $141,288 or $960 per acre for the remaining 147.175 acres of the Verbeek tract at Upper Big Nemaha 12-B. Motion carried. Aye: Stewart, Larson, Bell, Hergott, Jiskra, Watermeier, Nelson, Mercer, Welsh, Davis, Bartak, Kramper, Kroese, Roberts Nay: None Not Present: Shaughnessy, Gifford Kramper added that Tom Pesek and Paul Rohrbaugh had reviewed the request of the Nemaha NRD to approve an appraisal for fee title on a 5.52 acre tract at Upper Little Nemaha, Site 26, that includes a residence. He added that five Commission members had viewed the site on Tuesday. Motion was made by Kramper and seconded by Davis to approve the appraisal on the Wesley Scherer property (5.52 acres) associated with Upper Little Nemaha Site 26 and commit $160,000 for fee title. Motion carried. Aye: Larson, Bell, Hergott, Jiskra, Watermeier, Nelson, Mercer, Welsh, Davis, Bartak, Kramper, Kroese, Stewart, Roberts Nay: None Not Present: Gifford, Shaughnessy Kramper indicated that Tom Pesek and Ron Fleecs had reviewed the request of the Lower Big Blue NRD to approve the amended agreement for the use of Small Watersheds Flood Control funds in the Swan Creek Watershed. Motion was made by Kramper and seconded by Larson to approve the amended agreement with the Lower Big Blue Natural Resources District for use of the Small Watersheds Flood Control Fund at Sites 9, 12, 31, and 60 of the Swan Creek Watershed and authorize the Director of Natural Resources to sign the agreement. Motion carried. Aye: Bell, Hergott, Jiskra, Watermeier, Nelson, Mercer, Welsh, Gifford, Davis, Bartak, Kramper, Kroese, Stewart, Larson, Roberts Nay: None Not Present: Shaughnessy LEGISLATIVE & BUDGET COMMITTEE Committee Chair, Robert Bell, noted that the first item of discussion was LB 108 and the amendments proposed by the Natural Resources Committee. He indicated that the committee had been extensively briefed on LB 108 and the amendments by staff legal counsel Jim Cook. Motion was made by Bell and seconded by Gifford to support LB 108 and the amendments as proposed by the Natural Resources Committee. Motion carried. Aye: Hergott, Jiskra, Watermeier, Nelson, Mercer, Welsh, Gifford, Davis, Bartak, Kramper, Kroese, Stewart, Larson, Bell, Roberts Nay: None Not Present: Shaughnessy Bell added that the committee had discussed LB 1245 which is a bill which would eliminate the termination date for the $1.00 per ton fertilizer fee. Motion was made by Bell and seconded by Kramper that the Commission oppose LB 1245. Motion carried. Aye: Jiskra, Watermeier, Nelson, Mercer, Welsh, Gifford, Davis, Bartak, Kramper, Kroese, Stewart, Larson, Bell, Hergott, Roberts Nay: None Not Present: Shaughnessy Bell indicated that the committee had also discussed LB 1293, which would reduce the required NRD Water Well Decommissioning Fund cost-share assistance from 75 percent to 60 percent. Motion was made by Bell and seconded by Jiskra to support LB 1293 but that the Commission also indicate its preference for a further reduction of the minimum cost-share requirement to 50 percent. Motion carried. Aye: Watermeier, Nelson, Mercer, Welsh, Gifford, Davis, Bartak, Kramper, Kroese, Stewart, Larson, Bell, Hergott, Jiskra, Roberts Nay: None Not Present: Shaughnessy Bell stated that the committee had discussed LB 1367 which would place a cap on the amount of lottery proceeds received by the Environmental Trust. Motion was made by Bell and seconded by Gifford to oppose LB 1367. Motion carried. Aye: Nelson, Mercer, Welsh, Gifford, Davis, Bartak, Kramper, Kroese, Stewart, Larson, Bell, Hergott, Jiskra, Watermeier, Roberts Nay: None Not Present: Shaughnessy Bell indicated the committee had discussed LBs 1384 and 1385 which would reduce the maximum general fund tax levy for NRDs and set the maximum number of NRDs at 18 respectively. Motion was made by Bell and seconded by Nelson to oppose LBs 1384 and 1385. Motion carried. Aye: Mercer, Welsh, Gifford, Davis, Bartak, Kramper, Kroese, Stewart, Larson, Bell, Hergott, Jiskra, Watermeier, Nelson, Roberts Nay: None Not Present: Shaughnessy EXECUTIVE COMMITTEE MEETING Don Roberts noted that the committee had briefly discussed the Commission agenda and the 1996 meeting schedule and the committee was recommending some changes to the proposed schedule in the agenda. Motion was made by Gifford and seconded by Bell to approve the meeting schedule for the next year as recommended by the Executive Committee and as follows: March 11 (at Papio/Missouri River NRD office); April 17 & 18; June 12, 13; August 14, 15; Sept. 24, 25 (Kearney); Oct. 30-31; Dec. 11-12; Jan. 29-30, 1997. Motion carried. Aye: Welsh, Gifford, Davis, Bartak, Kramper, Kroese, Stewart, Larson, Bell, Hergott, Jiskra, Watermeier, Nelson, Mercer, Roberts Nay: None Not Present: Shaughnessy Roberts noted that holding the August Commission meeting in the Republican Basin in connection with a tour of that basin was also discussed. COMPREHENSIVE PLANNING COMMITTEE Committee Chair, Cliff Welsh, noted that the committee had been briefed by Jerry Wallin concerning the status of the Southeast Nebraska Stream Degradation Study and that Mahendra Bansal had introduced Suseela Sarasamma, a new employee in the Data Bank Section. He added that Mahendra and Terry Kubicek had briefed the committee on the status of the DEM/DOQ project and had distributed hand-out materials describing GIS, DOQs, and maximizing the use of computer technology. Welsh added that the committee had discussed the Internet, the World Wide Web and the Ice Reporting Icon as well as the status of searchable data bases in the Data Bank system. ELECTION OF OFFICERS Commission Chair Don Roberts indicated that a new chair and vice-chair for the upcoming year was to be elected at this Commission meeting and asked for nominations for Commission Chair. Vince Kramper nominated Robert Bell. Motion was made by Davis and seconded by Jiskra to close nominations for the position of Commission chair and to cast a unanimous ballot for Robert Bell. Motion carried. Aye: Gifford, Davis, Bartak, Kramper, Kroese, Stewart, Larson, Hergott, Jiskra, Watermeier, Nelson, Mercer, Welsh, Roberts Nay: None Present, Not Voting: Bell Not Present: Shaughnessy Roberts turned the meeting over to the new Chair, Robert Bell, and Bell asked for nominations for the position of Commission Vice- Chair. Frank Bartak nominated Richard Mercer. Don Roberts nominated Roy Stewart. Roy Stewart nominated Dale Watermeier. Bell announced that a written ballot would be taken and that balloting would proceed until one nominee received at least nine votes. He asked Jim Cook and Gayle Starr to count the ballots. The first ballot results were as follows: Stewart - 8; Watermeier - 3; Mercer - 4. The second ballot was conducted and the results were as follows: Stewart - 12; Watermeier - 0; Mercer - 3. Chairman Bell declared Roy Stewart as elected to the position of Commission Vice-Chair. COMMITTEE ASSIGNMENTS Bell noted that if any members wished their current committee assignments to change, they should let he or Dayle Williamson know and that a new committee list would be prepared and mailed to Commission members in the near future. NEXT MEETING The next meeting of the Commission will be March 11 at the Papio-Missouri River NRD office near Omaha. ADJOURNMENT The meeting was adjourned at approximately 11:35 a.m. Chairman Director of Natural Resources