24 September 2016

County Clerk Does Not Indicate Commissioner Business in Public Record

The just issued Valentine newspaper report for the September 13, 2016 meeting of the Cherry County Commissioners has failed to meet standards essential for accurate reporting of official government business.

An item of prominent concern to county residents was simply omitted in the published minutes, which is an essential means for many to learn about commissioner business.

Following a report regarding the placement of electrical outlets at Sharp’s Campground along the Niobrara, which was passed unanimously by the three commissioners, the next item was not indicated.

This agenda item regarded the time for a public hearing to consider changes to the Cherry county zoning provisions regarding the placement of wind turbines. The changes had been requested by the county planning board.

A meeting will be held, according to a unanimously passed vote, at 2:15 p.m. on October 11th to consider a few immediate zoning regulations changes. They comprise a few words, perhaps a sentence, amidst a more expansive document.

There was a lively discussion associated with this agenda item, so it was not a minute or two occurrence to be ignored as a wonk might choose to do. It actually took a specific request to have one of the government officials actually indicate that they were talking about this item of concern to numerous residents of Cherry county, and elsewhere.

The published account did not include any of these comments.

There was no mention in the issued minutes of the members of the community which were in attendance and cared to be involved in local government. There were activitist from local communities  including the Kilgore vicinity and elsewheere in Cherry county that were certainly concerned about what may be pending changes.

When asked a few days later about this information, the county clerk was disagreeable, then accusatory along with the other worker in the county government office), but then eventually provided a hand-written account of the meeting notes. Tom Elliott initially tried to indicate that his notes were private and was being “kind” to provide them because he did not have to give them to anyone.

That point of view is obviously impossible as he is a government employee. His notes were taken during an official public meeting. And the notes were present in the official government office of Cherry county.

It cost some cents to purchase the copies, with two quarters left on the counter of the clerks office. Another employee in the office was also confrontational.

Once the details were known, my departure was immediate within seconds, to avoid anymore accusations.

My main point ... government officials are responsible to the their public to to an acceptable job. If not, it is their fault and they should not blame to public to trying to have accurate records.

- - - - -

At the commissioner meeting on September 27th, the reason given for the indicated details not being included was that they were inadvertently missed, with something said about it being a busy day in the office.

The details were to be appended to the public record. After a specific request, the public record would also indicate a list of the people in attendance that were concerned with the topic, so name were provided.

The provision of including names prompted the county officials to prepare a sign-in list that was passed around so attendees could sign-in and indicate their post-office.

21 September 2016

Members of Cherry County Wind

Indications of where wind turbines and associated facilities may be built are indicated by agreements between Cherry County Wind LLC and Bluestem Sandhills LLC.

A number of the county wind group members signed a “Wind Energy and Lease Agreement” during June 2013, according to publically-available county records. Known entities that were included are listed here in alphabetical order, as sorted from the county records. These locations can be indicated on maps as places where property owners have agreed to have wind turbines and associated facilities.

Details given are: Name; Acreage (rounded off to nearest whole number); and Acreage Source; with some ancillary notations

Abbott Cattle Company [Chris Abbott has provided supportive testimony for wind turbines, with A.J. Abbott a member of Cherry County Wind LLC and having been present and spoken at Cherry county planning and zoning board meetings]; 48,512 acres; ( B
Board of Educational Lands and Funds; 28,666; ( C; [a proposed turbine facility in south-eastern Cherry county north of Thedford and along Highway 83 would be primarily placed on BELF property; the board of BELF approved enrollment of school lands without any public hearing, according to details received from the agency director via email. BELF tracts are public property.]
Broken Box Company (Rex Adamson and family); 37,002 acres; ( B
Glen Coble and Sons, Inc. with Matt Coble representative; 19,922; ( A
Don Cox Ranch Company; 6167; ( B
Donald B. and Deborah S. Cox; 640; ( B
Donald D. and Jolene M. Grunhaupt; 760; ( B
Reed Hamilton Ranch, Inc.; 5733; ( B
Henderson Land and Livestock Co.; 11,372 ac.; ( B
Casey L. Henderson; 640; ( B
Elmus and Tonya J. Henderson; 7142; ( A
Larry and Carolynn T. Henderson; 15,698; ( B
Mark and Janelle Johnson; 520; ( C
Krajeski and Johnson, Inc.; 2598; ( B
Lyn J. (DeNaeyer) Messersmith; 8080; ( A [Martin DeNaeyer, dwelling at the historic ranch southwest of Brownlee, is currently a Cherry County Commissioner candidate]
North LLC; 4683; ( C
Ivan R. and Phyllis M. Phillips; 1829; ( B
John N. and Patsy L. Phipps; 1680; ( B
Duane R. and Carolyn J. Porath; 631; ( A
Powderhorn Ranch, Inc.; 12,281; ( A
Rocking J Taylor Company; 3712; ( C
Rocking J Todd Company; 16,140; ( B
Nancy and Robert Sinnett; 2684; ( C
South LLC; 2863; ( B
Sunny Slope Ranch, Inc. (Fischer family); 9730; ( B
James L. and Michalene R. Van Winkle; 657; ( A; [Mr. Van Winkle is a county commissioner]
Yeager Ranch Land, Inc.; 4121; ( B
( A - total given with document
( B - summation of parcel acres given with document
( C - parcel acreage as derived from Cherry county gis system

The total approximate acreage of these 27 known entities is approximately 254,463 acres.

An additional member of the association is John Ravenscroft at the Three-Bar Ranch, when he was directly, and personally, immediately asked following his testimony at a public hearing at the Valentine High School.

A member of the board of directors for the group is John Hansen, an employee of R.E. “Ted” Turner, owner of the Sandhills Ranch Properties, including the Spikebox, Fawn Lake and McGinley units spread across Cherry county.

Property tract details can be associated with the wind energy lease agreements. Indicative comments include, but are not limited to:

  • adjacent to the Broken Box Company is the Yeager Ranch Land, Inc. to the east; to the south is the Rocking J Todd Co.
  • the Donald Cox parcels are adjacent to the southern extent of the Glen Coble and Sons tract; the J.N. Phipps place is just southwest of Don Cox
  • the Reed Hamilton parcels are adjacent on the east side to the expansive extent of BELF lands which are the proposed locale for a 147 turbine facility in southern Cherry county, north from Thedford; a southern extent of the DeNaeyer ranch is on the west side of this proposed project
  • the Phillips property is at the southern extent of the Abbott Cattle Company, and northward of Glen Coble and Sons, and creates a corridor between both larger properties
  • the three Henderson properties are contiguous; and just southward of the large tract of enrolees such as the Abbott's and Cobles and Phillips
  • South LLC is on the south side of the north Thedford project
  • North LLC is eastward of Brownlee and includes tracts along the North Loup River

Properties associated with the Board of Educational Lands and Funds deserve special attention, as their location may indicate localities that may be a focus for future wind turbine facilities. There are at least all or portions of more than 10 disparate sections associated with Abbott Cattle Company land. This includes eight parcels which comprise 2720 acres. Another section is surrounded either by Abbott land or the Phillips. One section 36 parcel has Abbott on each side except to the east; another section 36 parcel has Abbott land adjacent to its east side, with the section predominantly Goose lake. BELF parcels are also associated with the Henderson property, as well as the Coble property.

Adjacent properties provide a large tract for dozens of wind turbines and associated facilities. Turbines can be more profitably placed when the development is situated in a contiguous manner where related infrastructure can be shared (i.e., the 50,000+ acres of north Holt county facility owned by Berkshire-Hathaway Wind Energy, and currently under development).

It should be noted that any wind turbine development in western Cherry county would require the construction of an industrial powerline necessary to distribute – into the power grid - any generated electricity, as there is none currently available.

There is no known power transmission line within this western extent of Cherry county that could be used to transport any generated electricity, any developments would seem to have a requirement for construction of an industrial powerline.

Based upon currently known agreements, there are “isolated” tracts too small for development (i.e., the Van Winkle property west of Wood Lake; and, in the German settlement district south of Crookston the disjunct Porath parcels and to the south, the Grunhaupt acres).

The known members of the association that have agreed to tenets of the “development” agreement are indicated a miscellaneous agreements book kept in the deed office of Cherry county.

For example, the Van Winkles signed this agreement in January, 2014' this document repeeats the enrolled land parcels. Other filings – primarily representing the entities previously indicated - were during a similar period of time.

Each agreement has these provisions for the "Property", based upon a review of the county record: "(i) construction and maintenance activities related to wind energy generation facilities, (ii) access on and over the Property, including certain rights to construct and maintain roads on the Property, (iii) placement, continued presence, operation, and maintenance of meteorological equipment, (iv) placement, continued presence, operation, and maintenance of wind energy facilities, (v) placement and continued presence of underground and above-ground transmission lines, (vi) placement, continued presence, operation, and maintenance of substation, (vii) harnessing of the flow of wind over the Property and the right to unobstructed free flow of wind over the Property, (viii) generation and maintenance of noise and shadow flicker, and (ix) and the overhang of wind turbine rotors on the Property."

Cherry County Wind LLC indicates about 70 families or entities are involved, representing at 450,000 acres. Less than one-half of the members are known to the public. When some members have been noted to provide comments or write letters to editors, they haven’t indicate their involvement in the group.

Details of this report are subject to immediate change as there is regular and ongoing business during the week at the Cherry county register of deeds office.


Addendum of Members of Cherry County Wind

October 15, 2016

Information has become available that indicates additional members of Cherry County Wind, LLC.

  • Bob and Peggy Marsh: 1392.9 acres northward of Mullen
  • Shirley E. Osborne (i.e., Daniel and Shirley Osborne): 2835.5 acres northward of Mullen
  • Three Bar Cattle Company (John Ravenscroft et al.): 30,893.73 acres in central Cherry county
  • Ridenour Land and Cattle Company (Ryan Ridenour, et al.): 7496.17 acres, west of Highway 97, southward of Merritt Reservoir

John Hansen, a member of the group’s board, purchased 178 acres immediately south of Crookston. When he originally was involved with this group, he did not own property within the county, but was the representative of his employer that owns extensive property in the county.

There is one member of the group which is no longer a land owner within the county. Sandra McCreath Dittbrenner indicated in a September 27th letter to the county commissioners that she was "a member of CCW through inheritance of the Cherry County ranch that my parents owned." She is not a current property owner, according to records of the county assessor, as determined on October 14th. Property that she once owned had been sold.

15 September 2016

August Birds at Valentine

It was a relative month for wild birds in the immediate vicinity of Valentine. Nothing was especially exciting, yet the regular mix provided reasons to continue to watch and record occurrences at the usual spaces.

Notable for the month was the newly realized sugar water feeder at a resident along Lake Shore Drive. This food source was a regular attractant for a resident Ruby-throated Hummingbird. There were also numerous types of flowers also suitable as a nourishing food source.

The family group of Wild Turkey continued their regular presence, walking about as they foraged, looking for a grasshopper treat. Wood Duck were regular at the Mill pond, with an indicative number seen at the end of the month as these birds began to flock together for a pending southward migration.

One particular plant used by foraging birds is Canada Lettuce. American Goldfinch and House Finch were seen feeding on the seed heads. Bristle Grass seeds have attracted sparrows and the turkeys.

During the last days of the month, Common Nighthawk were seen moving southward. These birds were counted in the evening skies on the north side of town. The numbers seen this year were greater than those from the same days in 2015.

By the end of the month, any swallows had departed for elsewhere. Purple Martins were present during most of the month. Chimney Swift continued, being especially prominent in the evening northward of the queen city.

One nice feature of the local avifauna is the relative lack of Common Starling. They occur but are not so obvious as to always be seen.

Records are available for the North Lake Shore Hills, Valentine Mill Pond, Valentine and the "Water Tanks Tract" so named because of the prominent, big blue tanks atop the hill north of the city. Place names are indicative and essential for indicating where birds occur.

Overall, there were these 64 species noted. Many of these are permanent residents that could be seen any day.

August Bird Tally for Valentine
Julian Date >   215 222 224 225 227 231 232 239 240 241 242 243
Canada Goose 3 4 - - - - - - - - - - - - - - - - - - - -
Wood Duck 3 2 - - - - - - - - - - - - 5 - - - - 43
Mallard - - - - 2 - - - - - - - - - - - - - - - - - -
Wild Turkey - - 7 - - - - 8 - - 8 8 - - - - - - 8
Great Blue Heron - - - - - - - - - - - - - - - - - - - - - - 1
Turkey Vulture 2 4 - - - - 11 - - - - 6 6 10 - - 14
Cooper's Hawk - - - - - - 1 - - - - - - - - - - - - - - - -
Northern Harrier - - - - - - - - 1 - - - - - - - - - - - - - -
Bald Eagle - - - - - - - - - - - - - - - - - - - - 1 - -
Red-tailed Hawk - - 1 - - - - - - - - - - - - 1 - - - - 1
Killdeer 1 1 - - 3 - - - - - - - - - - - - - - 2
Rock Dove - - - - 3 12 - - - - - - - - - - - - 28 - -
Eurasian Collared Dove 10 9 17 - - - - - - - - 8 - - - - 12 - -
Mourning Dove 3 3 - - - - - - - - - - 11 2 - - - - 2
Eastern Screech Owl - - - - - - 1 - - - - - - - - - - - - - - - -
Common Nighthawk 1 1 14 4 - - - - - - 1 - - 23 45 52
Chimney Swift 23 20 - - - - 18 - - - - 17 - - - - 18 - -
Ruby-throated Hummingbird - - - - - - - - - - - - - - - - - - - - - - 1
Belted Kingfisher - - - - 1 - - - - - - - - - - - - - - - - 1
Red-headed Woodpecker 1 - - - - 3 - - - - - - - - 2 - - - - - -
Red-bellied Woodpecker - - 1 - - 1 - - - - - - - - 1 - - - - 1
Downy Woodpecker - - 1 - - - - - - - - - - 1 1 - - - - 1
Hairy Woodpecker - - - - - - - - 1 - - - - 1 - - - - - - - -
Northern Flicker - - - - - - - - - - - - - - 1 1 - - - - 1
Eastern Phoebe - - - - - - - - - - - - - - - - 2 - - - - - -
Eastern Wood-Pewee - - 1 - - - - - - - - - - - - - - - - - - - -
Least Flycatcher - - - - - - - - - - - - - - 2 - - - - - - - -
Western Kingbird 8 5 - - - - - - - - - - - - - - - - - - - -
Eastern Kingbird 5 8 - - - - - - - - - - - - 4 - - - - - -
Great Crested Flycatcher - - 1 - - - - - - - - - - 1 - - - - - - - -
Bell's Vireo - - - - - - 1 - - - - - - - - 2 - - - - - -
Red-eyed Vireo 1 - - 1 - - - - - - - - - - - - - - - - 1
Blue Jay 2 2 - - - - - - - - 5 2 3 - - - - 2
American Crow 1 - - 2 - - - - - - - - 1 1 - - 2 - -
Cedar Waxwing 5 - - - - 2 - - - - - - - - 6 - - - - - -
Black-capped Chickadee 4 3 - - - - - - - - - - 3 2 - - - - 2
Horned Lark - - - - - - 2 - - - - - - - - - - - - - - - -
Purple Martin 6 - - - - 2 13 37 - - - - 3 - - 5 - -
Northern Rough-winged Swallow - - 5 - - - - - - - - - - - - - - - - - - - -
Barn Swallow - - - - - - - - - - - - - - - - 3 - - - - - -
American Cliff Swallow 15 10 - - - - - - - - - - 10 5 - - - - - -
House Wren 3 7 - - - - - - - - - - 4 5 - - - - 3
Red-breasted Nuthatch - - - - 1 - - - - - - 1 1 - - - - - - - -
White-breasted Nuthatch 2 1 - - - - - - - - 2 1 - - - - - - 1
Grey Catbird - - 1 - - 1 - - - - - - 1 3 - - - - 1
Brown Thrasher - - - - - - - - - - - - - - - - 1 - - - - - -
Common Starling - - 3 - - - - - - - - - - - - - - - - - - - -
Eastern Bluebird - - - - - - - - - - - - - - 4 3 - - - - 16
American Robin 17 8 - - - - - - - - - - 10 2 - - - - 2
House Sparrow 6 5 - - 35 45 - - - - - - - - - - 10 - -
House Finch 5 8 - - - - - - - - - - 7 - - - - - - 23
American Goldfinch 3 3 - - - - - - - - - - 3 10 - - - - 9
Common Yellowthroat - - - - - - 1 - - - - - - - - - - - - - - 1
Baltimore Oriole - - - - - - - - - - - - - - - - 1 - - - - 1
Orchard Oriole 2 - - - - - - 1 - - - - - - - - - - - - - -
Red-winged Blackbird 15 15 45 - - - - - - - - - - - - 45 - - 5
Common Grackle - - - - 4 - - - - - - - - - - - - - - - - - -
Song Sparrow - - - - - - - - - - - - - - - - 1 - - - - - -
Chipping Sparrow 2 4 - - - - - - - - - - 20 3 - - - - 20
Field Sparrow 1 - - - - - - - - - - - - 1 1 - - - - - -
Lark Sparrow 2 2 - - - - - - - - - - - - - - - - - - - -
Spotted Towhee - - 1 - - - - - - - - - - 1 2 - - - - - -
Northern Cardinal - - - - 1 - - 1 - - - - - - - - - - - - - -
Indigo Bunting 1 - - - - - - - - - - - - 1 - - - - - - - -

The summer doldrums are indicated.

After a year of regular observations and record keeping, the variety of species present in the area is much better understood. There are probably more species of warblers to be expected, which would rely on more observation time at Valentine City Park.

The current, personal tally is 113 species, with each notable observation tallied in an expansive database. The tally is notably indicative of the most common species that can be appreciated every day.

09 September 2016

Eastern Tourists Attracted by Superintendent's Niobrara River Float

September 7, 2016. Eastern tourists attracted by superintendent's Niobrara river float. Valentine Midland News 43(10): 7.

The attendees at the superintendent’s float on the Niobrara National Scenic River were residents of Omaha and Lincoln that had not previously floated the river, said Steve Thede, superintendent of the scenic river office.

The river section between Smith Falls State Park and Brewer Bridge was selected for the event as it is a distance that could be quickly traversed and has features representative of the overall river, Thede said. A favorite event of the outing was the “very impressive” sighting of an adult bald eagle that flew over the group.

The superintendent’s float during the evening on August 25th was held to celebrate the 100th anniversary of the National Park Service, and was among the first events sponsored by the scenic river office at Valentine. Canoes were provided by the Niobrara Council.

Locally, the Niobrara National Scenic River was established in 1991. It is an example of how one of the best places in the U.S. has been protected, Thede said. Efforts by the National Park Service are an embodiment of this principal, he noted.

Protection of the river and providing public enjoyment has been done while respecting private property within the park boundary, Thede said. This has been accomplished by the park service and Niobrara Council in cooperation with private landowners.

Important partners during the years have included the U.S. Fish and Wildlife Service, Middle Niobrara NRD and Nebraska Game and Parks Commission. River outfitters and the Valentine Chamber of Commerce have also been involved and supportive.

We have learned how to better approach issues through a cooperative effort, Thede said.

Looking to the future, the National Park Services has “a commitment to public enjoyment and we have a tremendous opportunity to expand the visitor base,” Thede said. We would like to have the river be a “destination place where people visit for a few days rather than just overnight.”

There are other river conservation and management goals that will continue to be important considerations during the next 25 years.

Foremost, is the need to ensure water rights for instream flows, Thede said. “I’ve yet to meet someone that want’s the river to go dry. All users will have to compromise to make this work.”

A better understanding of the biological features of the Niobrara valley is one goal.

“We need to further explore and determine how unique the valley is,” Thede said.

Currently underway is an inventory and monitoring of wild birds being done by a NPS group from Rapid City. Studies initiated in 2015 are determining the occurrence of species such as buntings, grosbeaks and orioles present at the edge of their range and may shift due to climate change, drought and changing temperature norms.

Studies will also continue to determine how to retain unique plant species such as the aspens, and to retain the different habitats which have created a “biological crossroads.”

The park service will have to determine projects that can help fill in knowledge gaps, Thede said.

The success of the “superintendents float” as well as a night float earlier in the season, means the park service staff will continue to promote with ranger-guided trips. “We expect to do more during future floating seasons,” Thede said. “We would like more participants from the local community.”

08 September 2016

Response to District 43 Legislator Column

Jim Ducey. September 1, 2016. Letter to the editor. Grant County News 132(5): 4.

The so-called most recent district news from Al Davis, is a blatant representation of a politician in action. He starts his column with what he has done to promote wind turbine development via state legislation to promote. He finishes with more words indicating the need that counties need to make the decision.

What is it Senator Davis? You promote wind energy via state measures – as you seemingly represent your constituents - then go to a local meeting where county commissioners are present, yet say nothing to the dozens at the public venue.

Do you not have the verve to address the residents which you supposedly represent? You say in your opiniation that the speakers only represented one side of the view. Yet, you said nothing to the attendees, although you did apparently speak to those few that directly asked you questions.

If anyone such as you and others convey or promote a view, please have the ability to speak in public and let people know your perspective.

One item of interest is where you stand in regards to the OLO Ranch property in southwest Cherry county. An item you mention in your opposition is the 54,000 acres development in Holt county where Warren Buffett is taking advantage of tax subsidies, as others have documented. Isn’t that about the approximate size of the holdings you inherited from your elders, who created the ranch based upon cattle and range land. I’m don't know what Essie Davis would think about wind turbines spread across the land where she looked out to see the large herds of cattle she raised to live on.

Do you, Sen. Davis, hope to place multiple turbines there in the north Hyannis country of southwest Cherry county? Do you even ranch now, or have any cattle and personally harvest hay each summer? It seems that you are just a proponent for views that fit your legislative perspective.

Please explain how you are representing the people, as the job of every governmental representative is to speak for the people, not the government.

Are you a member of the Cherry County Wind Energy Association? Answer this question and let the public know the reality of your perspective. Are your views based upon some potential personal profit? Have you voted for legislation that will put money in your pocket? Do you promote powerlines so that any power developed in the western Cherry county will be placed on the national electrical grid so local features are diminished by access lines, turbine towers, substations and industrial powerlines?

Looking further at your political essay, when will you cite references for the facts you refer to? Details without a factual basis are nothing more than an opinion! Show Nebraska residents the facts on how Holt county will benefit, rather than citing statistics you pulled from some unknown source.

Ending your public opinion article by stating the need for local decisions, once again indicates your lack of effort on the local level. How have you been actively involved in discussions with county commissioners in Cherry county? How in Grant county, or anywhere else within your district?

Local involvement is obviously a necessity, but has no worth based upon opinions of many useless words in a newspaper, actions on a state level which do not represent district communities, as well as a complete failure to convey what the situation is on your own property in Cherry county.

By the way Sen. Davis, you did not even care enough about this community event to compliment the wonderful cookies provided by volunteers.

01 September 2016

Singular Death of a Meadowlark in Cherry County

A meadowlark was killed by a car driving along a highway in Cherry county on Tuesday, August 30th. Its demise occurred as a public legislator drove from a ranch place in the southwest part of the county to Valentine to attend the county commissioners meeting. Somewhere along the road’s way, there was a collision between a Volkswagen and this bird’s flight. It was alive among the land and then stricken dead in a moment. The result was graphic on the front of the vehicle. Multiple flies along Main Street were appreciative of the carcass for a time. They fed on the grisly remains on the front of an automobile as a legislator attended the late August county commissioner meeting to “share” his political perspective and to ask about what is occurring locally, based upon the derived and personal perspective of the three elected county advocates. Mr. legislator was an agenda item.

Mr. legislator stayed in town long enough to allow a strenuous ride to and fro to get a camera needed to capture images of the death of a formerly wild bird. Subtle yellow marks among the feathers of a once vibrant bird were indicative of this bit of prairie life that met a nearly immediate death by vehicle.

There was no bird spokesman available to convey any details of the birds’ legacy or offspring. There would be no burial ceremony, nor place of burial. It was impossible to determine its legacy, though feather feathers obvious on the splattered carcass were indicative. No obituary notice was given on the radio.

The bird carcass was probably removed and discarded with indifference. Would there have been some disgust involved because of having to deal with the remains?

The western meadowlark is the state bird of Nebraska. How ironic that a state legislator driving along the byways would be a cause for death.