MINUTES OF THE NEBRASKA COOPERATIVE GOVERNMENT COMMISSION 26 October 2001, 3:00 P.M. VILLAGE HALL DONIPHAN, NEBRASKA
Pursuant
to adjournment, the Nebraska Cooperative Government Commission (NCGC) met in
regular meeting beginning 26 October 2001, at 3:05 P.M., C.D.T. Roll call and
the following Commissioners were present: Prososki, Brown, Robinson, Dodd,
Lindauer, Whitney and Forster.
Item
No. 2: Approve minutes of 28 July 2001
NCGC meeting
Motion-
Dodd, second- Forster, to waive the reading of the minutes of 28 July 2001 NCGC
quarterly meeting, and to approve said minutes, and vote was as follows:
Voting
aye: Prososki, Brown, Robinson, Dodd, Lindauer, Whitney and Forster.
Voting
nay: None.
Whereupon
the Chairman declared the motion carried.
Item
No. 3: Review of NCG lottery activity, proceeds, sales, game performance
Whereupon a presentation was made by Mr. Paul Schumacher, of Community Lottery
Systems, Inc., d/b/a Lotto Nebraska, and Wm. D. Kurtenbach, NCG General
Counsel, regarding NCG activity, proceeds, sales and game performance, with no
action taken by the NCGC.
Item
No. 4: Payment of tax, attorney fees, audit reserve and audit fees, meeting
expenses, distribution of proceeds to member-communities as per General Counsel
Quarterly Report
Motion-
Brown, second- Lindauer, to adopt the Report and Recommendations General
Counsel and attachments thereto, 26 October 2001, a copy of which has been
previously provided the clerk of each NCG member-community and each NCG
Commissioner and which is incorporated herein by reference, regarding payment
of tax, attorney fees, audit reserve, meeting expenses, and distribution of
proceeds to member-communities, and vote was as follows:
Voting
aye: Prososki, Brown, Robinson, Dodd, Lindauer, Whitney and Forster.
Voting
nay: None.
Whereupon
the Chairman declared the motion carried.
Item
No. 5: Report on Internet projects
upon
a presentation was made by Mr. Paul
Schumacher, of Community Lottery Systems, Inc., d/b/a Lotto Nebraska, regarding
Internet projects, with no action taken by the NCGC.
Item
No. 6: Discussion and action on initiative petitions and/or gaming legislation
in the 2002 legislative session
Motion-
Whitney, second- Prososki, to endorse the enactment of an initiative petition
that would permit Nebraska cities, counties and villages to conduct games of
chance or skill or any combination thereof using player
activated
electronic gaming devices as presented to the NCGC, with the inclusion of a
provision setting a reasonable limit on the number of such devices, and vote
was as follows:
Voting
aye: Prososki, Brown, Robinson, Dodd, Lindauer, Whitney and Forster.
Voting
nay: None.
Whereupon
the Chairman declared the motion carried.
Item
No. 7: Discussion and action on proposals for six month certificates of deposit
for $500,000.00 currently in Member Proceed Trust Account and/or
of
Community Lottery Systems, d/b/a Lotto Nebraska
Motion-
Dodd, second- Whitney, to accept the proposal of Pinnacle Bank Columbus for six
month certificates of deposit for $500,000.00 currently in Member Proceed Trust
Account and/or accounts of Community Lottery Systems, Inc., d/b/a Lotto
Nebraska, and vote was as follows:
Voting
aye: Prososki, Brown, Robinson., Dodd, Lindauer, Whitney and Forster.
Voting
nay: None.
Whereupon
the Chairman declared the motion carried.
Item
No. 8: Discussion and action on proposed resolution approving depository and
securities of First Nebraska Bank, Columbus, Nebraska, for NCG/Community
Lottery Systems, Inc. funds on deposit with said bank in the amount of $500,000.00
Motion-
Whitney, second- Forster, to suspend reading and enact Resolution No. 2001-05
of the Nebraska Cooperative Government Commission, a copy of which attached
hereto and incorporated herein by reference, and vote was as follows
Voting
aye: Prososki, Brown, Robinson, Dodd, Lindauer, Whitney and Forster.
Voting
nay: None.
Whereupon
the Chairman declared Resolution No. 2001-05 of the Nebraska Cooperative
Government Commission enacted.
Item
No. 9: Discussion and action on proposal to modify NCG lottery sales outlet
qualification standards
Motion- Forster, second- Brown, to remove from the
agenda the above-described item, and vote was as follows:
Voting
aye: Prososki, Brown, Robinson, Dodd, Lindauer, Whitney and Forster.
Voting
nay: None.
Whereupon
the Chairman declared the motion carried.
Item
No. 10: Discussion and action on proposal to modify NCG limitations on
eligibility to win progressive or bonus jackpots
Motion
Whitney, second- Dodd, to amend the Rules and Regulations of the Nebraska
Cooperative Government joint lottery to provide that the following persons are
ineligible to win any progressive or bonus jackpots, to-wit: owners of sales
outlet locations, shareholders of corporate owners of sales outlet locations,
the immediate family of such owners or shareholders, immediate family to be
defined as spouses, parents, grandparents, children, grandchildren and spouses
of said persons, and vote was as follows:
Voting
aye: Prososki, Brown, Robinson, Dodd, Lindauer, Whitney and Forster.
Voting
nay: None.
Whereupon
the Chairman declared the motion carried.
Item
No. 11: Auditor's report
Motion-
Whitney, second- Brown, to accept and place on file the auditor report of Scow,
Rief, Kruse and Schumacher, P.C., for the quarter ending 30 September 2000, and
vote was as follows:
Voting
aye: Prososki, Brown, Robinson, Dodd, Lindauer, Whitney and Forster.
Voting
.nay: None.
Whereupon
the Chairman declared the motion carried.
Item
No. 12: Appoint temporary chairman to conduct election of NCGC commissioners to
fill NCGC seats now held by Harry Prososki (Duncan), Richard Lindauer (Keith
County) and Verlouis Forster (Gosper County), and to conduct election of
Chairman of NCGC
Motion-
Dodd, second- Whitney, to nominate Robinson to act as temporary chairman.
Motion-
Dodd, second- Whitney to close nominations, and vote was as follows:
Voting
aye: Prososki, Robinson, Dodd, Lindauer, Whitney and Forster. Voting nay: None.
Whereupon
the chairman declared the nominations closed.
Whereupon
Robinson was designated temporary chairman by acclamation.
Item
No. 13: Identify and accept credentials of representatives of NCG member-communities
duly appointed for the purpose of voting at NCG annual meeting Roll call and the following delegates were present.
Robinson (Kimball), Dodd (Long Pine), Whitney (Columbus), Prososki (Duncan),
Forster (Gosper County), and Lindauer (Keith County), Francis (Neligh), Peters
(Niobrara), Legler (North Bend), and Schroder (Palmyra) absent.
Item
No. 14: Identify persons nominated to
fill said NCGC seats and any comments said nominees wish to make
Whereupon
the General Counsel informed the Commission and delegates that the following
persons had been nominated
for
said seats: Harry Prososki (Duncan), Richard Lindauer (Keith County) and
Verlouis Forster (Gosper County).
Whereupon
each of said nominees declined to make any comments.
Item
No. 15: Conduct election to fill said NCGC seats
Whereupon
an election was held by absentee and written ballot by the duly appointed
representatives of the NCG member-communities, and the results were as follows:
Harry Prososki (Duncan)- eight votes; Richard Lindauer (Keith County)eight votes; Verlouis Forster (Gosper County)-
eight votes.
Item
No. 16: Certify results of election and recognize persons elected to fill above-mentioned
NCGC seats
Whereupon
the results of said election were certified and Harry Prososki (Duncan),
Richard Lindauer (Keith County) and Verlouis Forster (Gosper County) were
recognized to fill above-mentioned NCGC seats.
Item
No. 17: Accept nominations for Chairman of NCGC
Motion-
Dodd, second- Forster, to nominate Robinson (Kimball), to serve as Chairman of
the NCGC.
Motion-
Pitney, second- Lindauer, to close nominations for Chairman of the NCGC, and
vote was as follows:
Voting
aye: Robinson (Kimball), Dodd (Long Pine), Whitney (Columbus), Prososki
(Duncan), Forster (Gosper County), and Lindauer (Keith County). Voting Nay:
none.
Whereupon;
the Chairman declared the motion carried.
Item
No. 18: Conduct election of Chairman of NCGC
Whereupon
Robinson was elected chairman by acclamation.
Item No. 19: Discussion and action on proposed amendments to Nebraska Cooperative Government Interlocal Cooperation Agreement (NCGICA)
Motion-
Dodd, second- , Whitney, to amend Paragraph No. 9 of the NCGICA by adding the
following underlined text and deleting the following stricken text:
9.
NEBRASKA COOPERATIVE GOVERNMENT COMMISSION: The affairs of the Nebraska
Cooperative Government will be conducted by the Nebraska Cooperative Government
Commission, which shall be the governing body of the Nebraska Cooperative
Government. The Nebraska Cooperative Government Commission
will
be comprised of seven Commissioners elected for two year terms by the parties
hereto in a manner hereinafter specified at the annual meeting which shall be
held at a time in October of each year and at a place as specified by
the Commission in October of each year. At the annual meeting each party
hereto may send one representative of its governing body or may have said
representative vote by absentee ballot in a manner authorized by the Commission
and in conformity with general Nebraska election law. Each such representative
shall have one vote in the Selection of Commissioners. Any seats vacated shall
be filled by the Commission. The Commission shall set the agenda for the annual
meeting and shall prescribe rules for the conduct of its meetings and of the
annual meeting. All meetings of the Commission. shall be in public and comply
with the Nebraska Open Meetings Law. The Commission shall meet as often as it
deems necessary and shall be charged with the management of the Nebraska
Cooperative Government much in the same manner to the same extent as the Board
of Directors of a Nebraska Corporation. Likewise, it shall have the powers of
such a Board of Directors, including the power to hire consultants and auditors
which fees shall be paid as aforesaid and as allowed by law. The Commission
shall endeavor to treat all parties hereto fairly and equitably and shall fully
comply with the Nebraska City and County Lottery Act or any other legal
authority granted to counties, cities or villages to jointly conduct gaming
activities and applicable regulations thereunder. The Commission shall have the sole authority to take action on
behalf of the parties hereto for any purpose involving any gaming conducted by
counties, cities, or villages pursuant to Nebraska law, as may be amended,
provided that the Commission my delegate such authority to the General Counsel
or the parties hereto In exercising
such authority and taking any such action , the authority for which may be
based upon the population of a county, city , or village, the combined
population of the parties hereto shall constitute the population of the
Nebraska Cooperative Government. The Commission shall elect from its
members, a Chairperson who shall be its chief executive officer and shall have
authority to sign any documents on behalf of the Commission.
and
vote was as follows:
Voting
aye: Robinson (Kimball), Dodd (Long Pine), Whitney (Columbus), Prososki
(Duncan), Forster (Gosper County), and Lindauer (Keith County). Voting Nay:
None.
Thereupon
the Chairman declared the motion carried.
Item
No. 20: Adjourn
Motion- Forster, second- Prososki, to adjourn this annual meeting of the NCG, and vote was as follows:
Voting
aye: Robinson (Kimball), Dodd (Long Pine), Whitney (Columbus), Prososki
(Duncan), Forster (Gosper County), and Lindauer (Keith County). Voting Nay:
None.
Whereupon
the Chairman declared the motion carried.
Greg Robinson,
Chairman Nebraska
Cooperative Government Commission
ATTEST
Wm.
D. Kurtenbach, General Counsel and Ex Officio Clerk