February 24, 2004

 

The Fillmore County Board of Supervisors convened in open and public session at 8.30 a.m. on February 24, 2004, in the Courthouse Boardroom in Geneva, Nebraska with Chairman Kimbrough presiding. Members present were Yates, Simacek, Galusha, and Capek.  Mueller arrived at 8.40 a.m. Cerny was absent and Kimbrough left at noon The County Clerk was present to record the minutes of the meeting. 

 

            Notice of the meeting was given by publication and by broadcasting on radio station KAWL.  A copy of the affidavit of publication is on file in the County Clerk’s Office.  All proceedings hereinafter shown were taken while the convened meeting was open to the public.  The meeting adjourned at 1.35 p.m.

 

MINUTES APPROVED

 

            As there were no additions or corrections to the minutes of the February 10, 2004 meeting, the Chairman declared them approved as presented.

 

DISTRESS WARRANT REPORT

 

            Yates moved and Simacek seconded the motion to approve the Treasurer’s report on the Return of Distress Warrants issued in 2003.  Upon roll call, the vote was as follows:

 

Ayes: Yates, Galusha, Kimbrough, Simacek, and Capek

Nays: None                                         

 

            The Chairman declared the motion carried.

 

INCREASING PLEDGED SECURITIES

 

            The following resolution was introduced by Yates and seconded by Simacek:

 

RESOLUTION NO. 2004-07

 

            RESOLVED, that the Geneva State Bank of Geneva, Nebraska, be allowed to add the following securities held by the Midwest Independent Bank to-wit:

 

Receipt No. JC31861 for Bellevue Neb Municipal Building Corp @ 6.2% in the amount of $100,000, due 7-17-2007,

Receipt No. JC30772 for Fairmont Neb Nursing Home Rev @ 5.05% in the amount of $45,000, due 10-24-06,

Receipt No. JC30770 for Fairmont Neb Nursing Home Rev @ 4.75% in the amount of $40,000, due 10-24-06

 

 Upon roll call, the vote was as follows:

 

Ayes: Galusha, Kimbrough, Mueller, Simacek, Capek, and Yates

Nays: None

 

            The Chairman declared the resolution adopted.

 

REAPPOINTMENT TO REGION V BOARD

 

            Capek moved and Mueller seconded the motion to reappoint Jerry Galusha to the Region V Governing Board for a three-year term effective January 2004.  Upon roll call, the vote was as follows:

 

Ayes: Kimbrough, Mueller, Simacek, Capek, and Yates

Nays: None                                          Abstaining: Galusha

 

            The Chairman declared the motion carried.

 

ECONOMIC DEVELOPMENT DISTRICTS

 

            Scott Stockwell and the Board discussed the possibility of joining the SE Nebraska Economic Development District.  An informational letter will be sent to the Village Clerks in each town for presentation to the Village Board for discussion and/or action. 

 

911 ADDRESSING

 

            The Planning and Zoning Administrator advised the Board that there were two addresses that need to be changed in order to fit the addressing requirements for the Enhanced 911 system.  He advised the Board that unless they objected, he would change the addresses.  The Board had no objection.

 

ADMINISTRATIVE SUBDIVISION APPROVED

 

            The request for administrative approval of a proposed subdivision of a tract of land located in the E ½ of Section 33-7-3, Geneva Township was presented and recommended for approval.

 

Galusha moved and Yates seconded the motion to approve the application of Dale Stengel for administrative approval of the proposed subdivision of part of the E ½ of Sec. 33-7-3, Geneva Township, described as follows:

 

A tract of land comprising part of the E ½ of Section 33, Township 7 North, Range 3 West of the 6th P.M., Fillmore County, Nebraska, described as follows:

Beginning at the SE corner of the NE ¼; thence S00o06’12”W, and on the east line of the SE ¼ of said Section 33, 82.50 feet to a ¾ ” rebar w/cap; thence S89o56’59”, 925.48 feet to a ¾” rebar w/cap; thence N01o08’06”E, 301.81 feet to a ¾ “ rebar w/cap; thence N89o27’25”E, 918.86 feet to a ¾” rebar w/cap on the east line of said NE ¼; thence S00o12’34”E, and on the east line of said NE ¼,  227.15 feet to the point of beginning and containing 6.47 acres more or less of which 0.23 of an acre more or less is occupied by county road R.O.W.

 

Upon roll call, the vote was as follows:

 

Ayes: Mueller, Simacek, Capek, Yates, Galusha, and Kimbrough

Nays: None

 

            The Chairman declared the motion carried.

 

CORRECTION OF PLAT

 

            The County Clerk reported that the legal description on the Chaney administrative subdivision plat approved January 14, 2003 has been corrected and requested the Board to approve the corrected legal description.

 

            Yates moved and Galusha seconded the motion to approve corrected legal description on the Chaney Subdivision of part of Section 20-6-1, Glengary Township, corrected to read as follows:

 

Chaney Subdivision #1: A tract of land comprising a part of the N ½ of the SW ¼ of Section 20, Township 6 North, Range 1 West of the 6th P.M., Fillmore County, Nebraska, as follows:

 

Beginning at the SW corner of said N ½ SW ¼, and assuming the South line of said N ½ SW ¼ to have a bearing of N90O00’00”W, thence N00o45’55W, and on the West line of said N ½ SW ¼ 346.62 feet to a ¾” rebar w/cap; thence S90o00’00”E, and parallel with the South line of said N ½ SW ¼, 286.82 feet to a ¾” rebar w/cap; thence S31o23’35”E, 260.26 feet to a ¾ inch rebar w/cap; thence S00o45’55”E, and parallel with the West line of said N ½ SW ¼, 124.44 feet to a ¾” rebar w/cap on the South line of said N ½ SW ¼; thence N90o00’00”W, and on the South line of said N ½ SW ¼, 419.42 feet to the point of beginning and containing 3.00 acres more or less of which 0.26 of an acres more or less is occupied by county road R.O.W.

           

Upon roll call, the vote was as follows:

 

Ayes: Simacek, Capek, Yates, Galusha, Kimbrough, and Mueller

Nays: None

 

            The Chairman declared the motion carried.

 

GIS PROJECT

 

            Emergency Management Director Marshall told the Board that funds for proceeding with the GIS project would be requested under the grant application for Enhanced 911 equipment and software.  Enhanced 911 requires the use of GIS technology to locate the position of emergency calls from cell phones.  A new antenna is included in the request and will be considerably higher and allow for the lease of space on it to other entities providing telecommunications services.

 

BID LETTING ON GRADING PROJECTS

 

            Bids were opened at 10.00 a.m. as advertised on two grading projects in the Shickley area.  Bids were received from the following firms:

 

                                                                                    Sec. 16 & 21-5-4                    Sec. 23 & 24-5-4

            Geneva Engineering, Geneva                               $    5,400.00                             $      33,300.00

            Greckel Construction Co., Waco                                        13,955.00                                     27,800.00

            Shuck Engineering, Edgar                                         9,500.00                                         No bid

            Van Kirk Construction, Sutton                                  9,525.00                                     43,500.00

 

ACCEPT GRADING BIDS

 

            Simacek moved and Mueller seconded the motion to accept the bids from Geneva Engineering for the two grading projects, Shickley Southwest between Sec. 16 & 21-5-4, and Shickley South between Sec. 23 & 24-5-4, Bryant Township, for a total of $38,700.00.  Upon roll call, the vote was as follows:

 

Ayes: Simacek, Capek, Yates, Galusha, Kimbrough, and Mueller

Nays: None

 

            The Chairman declared the motion carried.

 

DRIVEWAY PERMIT

 

            Galusha moved and Capek seconded the motion to approve the application filed by Howard Lefler for a permit to install a driveway in the SE ¼ SW ¼ Sec. 26-8-3, West Blue Township, just west of the house. Upon roll call, the vote was as follows:

 

Ayes: Capek, Galusha, Kimbrough, Mueller, and Simacek

Nays: None                                          Not voting: Yates

 

 

            The Chairman declared the motion carried.

 

PERMITS TO OCCUPY COUNTY RIGHT OF WAY

 

            Capek moved and Mueller seconded the motion to approve the following applications for permits to occupy county right-of-way:

 

Keith Nunns for an underground electric line between the SE ¼ of Sec. 15 and the SW ¼ of Sec. 14-6-2, Chelsea Township;

R & M Farms for an underground electric line between the NW ¼ of Sec.27 and the NE ¼ of Sec. 28-6-4, Momence Township; and

Alltel Communications for a buried communications cable between Sec. 5, 6, 7, and 8-8-3, West Blue Township, at the site of a county bridge project;

 

and that said applicants shall assume all liability for the construction, maintenance, and repair of said buried lines.

 

Upon roll call, the vote was as follows:

 

Ayes: Galusha, Kimbrough, Mueller, Simacek, and Capek

Nays: None                                          Not voting: Yates

 

            The Chairman declared the motion carried.

 

SILT CLEANING PERMIT

 

            Galusha moved and Mueller seconded the motion to approve the application submitted by Larry Edzards to clean silt from a county road ditch adjacent to the south side of the SW ¼ of Sec. 29-5-2, Belle Prairie Town-ship. Upon roll call, the vote was as follows:

 

Ayes: Galusha, Kimbrough, Mueller, Simacek, and Capek

Nays: None                                          Not voting: Yates

 

            The Chairman declared the motion carried.

 

CONSTRUCTION ENGINEERING AGREEMENT

 

            Galusha moved and Simacek seconded the motion to approve the contract with Speece-Lewis, Inc. for engineering services on BRO-7030(28) located between Sec. 7 & 8-8-3, West Blue Township, county’s share of cost at 15% of the contract amount. Upon roll call, the vote was as follows:

 

Ayes: Galusha, Kimbrough, Mueller, Simacek, and Capek

Nays: None                                          Not voting: Yates

 

            The Chairman declared the motion carried.

 

BUILDING MAINTENANCE

 

            Yates moved and Capek seconded the motion to approve the list of maintenance items to be done on the small storage buildings at the county shop location as proposed by the Highway Superintendent. Upon roll call, the vote was as follows:

 

Ayes: Kimbrough, Mueller, Simacek, Capek, Yates, and Galusha

Nays: None                                         

 

            The Chairman declared the motion carried.

 

SURPLUS AND OBSOLETE PROPERTY

           

            Yates moved and Mueller seconded the motion to approve the list of surplus and obsolete property submitted by the Highway Superintendent to be sold at the next consignment sale in the area, including guy wire cables and an old gas pump.  Upon roll call, the vote was as follows:

 

Ayes: Mueller, Simacek, Capek, Yates, Galusha, and Kimbrough

Nays: None                                         

 

            The Chairman declared the motion carried.

 

BRIDGE SIGNS

 

            Mueller moved and Galusha seconded the motion to proceed with signing bridges for safety as recommended by the Highway Superintendent.  Upon roll call, the vote was as follows:

 

Ayes: Simacek, Capek, Yates, Galusha, Kimbrough, and Mueller

Nays: None                                         

 

            The Chairman declared the motion carried.

 

 

 

USED DISC

 

            The Highway Superintendent told the Board that the disc the department had been using on road shoulders was no longer available and he asked that a replacement be considered. 

 

            Galusha moved and Simacek seconded the motion to authorize the Chairman of the Board to look for and spend up to $500 for a used disc for the Road Department.  Upon roll call, the vote was as follows:

 

Ayes: Capek, Yates, Galusha, Kimbrough, Mueller, and Simacek

Nays: None                                         

 

            The Chairman declared the motion carried.

 

GO INTO BOARD OF EQUALIZATION

 

            At the request of the County Assessor, Capek moved and Simacek seconded the motion to go into session as the Fillmore County Board of Equalization at 11.17 a.m..  Upon roll call, the vote was as follows:

 

Ayes: Yates, Galusha, Kimbrough, Mueller, Simacek, and Capek

Nays: None                                         

 

            The Chairman declared the motion carried.

 

TAX CORRECTIONS APPROVED

 

            Yates moved and Mueller seconded the motion to approve the list of tax corrections as submitted by the County Assessor.  Upon roll call, the vote was as follows:

 

Ayes: Galusha, Kimbrough, Mueller, Simacek, Capek, and Yates

Nays: None                                         

 

            The Chairman declared the motion carried.

 

IRRIGATED GRASS

 

            The value of grass under irrigation was discussed.  The appraiser recommends pricing it at irrigated cropland value, as planting it to grass is a management decision.  As no one moved to oppose this recommendation, the assessor will follow the appraiser’s recommendation.

 

RETURN TO REGULAR SESSION

 

            Capek moved and Mueller seconded the motion to adjourn the Fillmore County Board of Equalization and return to regular session at 11.25 a.m. Upon roll call, the vote was as follows:

 

Ayes: Kimbrough, Mueller, Simacek, Capek, Yates, and Galusha

Nays: None                                         

 

            The Chairman declared the motion carried.

 

LIGHT BULBS, SNOW BLOWER

 

            Several fluorescent light bulbs were installed in the fixtures in the Board Room for comparison purposes.  The custodian was given a recommendation on which bulb to purchase.  The purchase of a used snow blower was also discussed.

 

            Mueller moved and Galusha seconded the motion to approve the purchase of a used snow blower as requested by the custodial department.  Upon roll call, the vote was as follows:

 

Ayes: Mueller, Simacek, Capek, Yates, Galusha, and Kimbrough

Nays: None                                         

 

            The Chairman declared the motion carried.

 

LETTER CONCERNING OHIOWA BUILDING

 

            A letter concerning the ownership of the property between the Stanley Plumbing Building and the Ohiowa Café was discussed.  It was decided to send a letter to Mr. Stanley and Mr. Ozenbaugh concerning ownership of the property and any obligation the county might have.

 

            After discussion, Yates moved and Capek seconded the motion to instruct the County Attorney to write the Mr. and Mrs. Stanley and Mr. Steve Ozenbaugh concerning any obligations the county might have on the property described as Lot 2, Block 14, Original Town of Ohiowa. Upon roll call, the vote was as follows:

 

Ayes: Simacek, Capek, Yates, Galusha, Kimbrough, and Mueller

Nays: None                                         

 

            The Chairman declared the motion carried.

 

MUELLER ASSUMES CHAIR

 

            Kimbrough left at noon and Mueller assumed the chair when the afternoon session opened.

 

CLOSED SESSION

 

            Yates moved and Galusha seconded the motion that Fillmore County Board hold a closed session at this time pursuant to the provisions of Sec. 84-1401, Reissue, Revised Statutes of Nebraska, 1943, for the protection of the public interest, and to consider in closed session, personnel items authorized by Statute to be discussed in closed session.  Upon roll call, the vote was as follows:

 

Ayes: Simacek, Capek, Yates, Galusha, Kimbrough, and Mueller

Nays: None                                                                 

 

            The Chairman declared the motion carried and closed session with the Custodian and the County Clerk began at 1.20 p.m.

 

RETURN TO REGULAR SESSION

 

            Yates moved and Capek seconded the motion to adjourn the closed session and return to regular session of the County Board at 1.30 p.m.  Upon roll call, the vote was as follows:

 

Ayes: Simacek, Yates, Mueller, Galusha, and Capek

Nays: None

 

            The Chairman declared the motion carried.

 

CLAIMS

 

            The claims were presented for payment.  The following abbreviations describe the expenditures:  Equi – equipment, HDM’s – home delivered meals,  Insu – insurance, Main –maintenance, Mtgs – meetings, Mile – mileage, Misc – miscellaneous, Post – postage, Pro – proceedings, Rep – repairs, Ret – retirement, Ser – services, SS – social security, Sup – supplies, Uni – uniform allowance, Uti – utilities, Wksh – workshop expense

 

GENERAL FUND

 

 

All Around Lawn Care

Ser

$           25.00

Ameritas Life Insur Corp

Ret

3,781.85

Aramark Uniform Ser Inc

Ser

130.62

Drs Ashby &  Ashby

Ser

70.00

Assurity Life Insur Co

Ser

174.00

Bob Bock

Ser

225.00

Carmichael Business Systems

Sup

206.25

Marilyn Christiancy

Ret

25.00

City of Geneva

Rent

440.00

Crossroads Awards

Sup

68.00

Eakes Office Plus

Sup, main

312.65

Election Systems & Software

Main

1,488.00

F & S Supply Co Inc

Sup

307.41

Fillmore Co Treasurer

Reimb, transfers

43,979.61

Gambles

Sup

162.53

Garbage Co Inc

Ser

95.00

Geneva Jewelry

Ser

11.10

Geneva St Bank

SS

3,972.39

Geneva Super Foods

Sup

15.05

Great Plains Appraisal

Ser

1,200.00

Norma Gregory

Ret

25.00

Heinisch Law Office

Ser

1,735.56

Hilty’s

Sup

540. 49

Hometown Leasing

Ser

442.01

Kalkwarf & Smith Law Offices

Ser, misc

2,864.69

Stephen J Kraviec Atty

Ser, post, misc

1,684.54

Earl Kriley

Rent

50.00

Lockwood Co Inc

Sup

205.20

Ann H McDonald

Ret

18.00

Mid-American Research Chem

Sup

368.61

MIPS/County Solutions, LLC

Sup

96.25

Willard H Mussman

Ret

23.00

Nebraska Nat’l Bank

Ser

187.59

NPPD

Uti

990.47

Nebraska Signal

Sup

35.95

Nebr Tech & Tele Inc

Uti

1,289.27

Platte Valley Commun

Sup

15.12

Raney Pest Control Inc

Ser

65.00

NE Dept of Admin Serv

Ser

39.38

NE Dept of Motor Vehicles

Sup

7.00

NE HHS Dept of Health Lab

Mile

52.13

USI Inc

Sup

241.19

Carol Vejraska

Mile, misc

54.75

Nancy Waldron Atty

Ser

2,276.83

West Group Pmt Center

Sup

71.75

Dorothy Novak

Pt time help

79.32

Kathy Peppard

Pt time help

64.00

Patty Scarborough

Pt time help

506.34

Payroll

Salaries

57,159.61

 

 

 

ROAD/BRIDGE FUND

 

 

Ameritas Life Insur Corp

Ret

2,043.17

Farmers Coop

Fuel, sup

2,074.25

Farm Plan

Sup

179.77

Gambles

Sup

189.85

Geneva St Bank

SS

2,319.87

Ralph Gould

Ret

18.00

Grafton Oil

Fuel

855.63

Donovan Jirkovsky

Ret

25.00

Kabredlo’s Inc

Fuel

31.80

Lichti Bros Oil Co

Fuel

1,257.68

Midwest Serv & Sales

Sup

76.43

Nebr Machinery

Sup

1,521.45

Nebr Tech & Telecomm Inc

Uti

103.38

Nelson Petrol Co

Fuel

535.85

Newman Traffic Signs

Sup

277.23

Perennial Public Power

Uti

56.29

Universal Lubricants Inc

Sup

2,256.56

Mike Nichols

Pt time help

493.00

Payroll

Salaries

31,000.58

 

 

 

MEDICAL/RELIEF FUND

 

 

Weaver Pharmacy

Sup

485.74

 

 

 

SENIOR SERVICES FUND

 

 

Ameritas Life Insur Corp

Ret

141.39

Exeter Golden Agers

USDA Dec

45.60

Fairmont Aging Serv

USDA Dec

193.23

Geneva Senior Center

USDA Dec

630.42

Geneva St Bank

SS

293.92

Claribel Mumm

Pt time help

55.80

Payroll

Salaries

3,828.03

 

 

 

COPS GRANT

 

 

Ameritas Life Insur Co

Ret

151.93

Geneva St Bank

SS

149.97

Payroll

Salaries

1,960.36

 

 

 

KENO FUND

 

 

Strang CIP

Grant

2,000.00

 

 

 

HOSPITAL OPERATING

 

 

Fillmore Co Hospital

Jan taxes

6,578.30

 

 

 

NOXIOUS WEED FUND

 

 

Ameritas Life Insur Corp

Ret

151.20

Geneva St Bank

SS

157.59

Payroll

Salaries

2,240.06

 

 

 

911 EMERGENCY COMMUNICATIONS

 

 

Alltel Commun

Uti

938.78

Geneva TV & Appliance

Equ

219.94

 

CLAIMS APPROVED

 

            Yates moved and Simacek seconded the motion to approve the claims as presented.  Upon roll call, the vote was as follows:

 

Ayes: Yates, Mueller, Galusha, Capek, and Simacek

Nays: None

 

            The Chairman declared the motion carried.

 

AJDOURN

 

            As there was no other business to come before the Board, the Chairman declared the meeting adjourned until 9.00 a.m. March 9, 2004.

 

____________________________________                                       _____________________________________

Attest                                                                                          Chairman

__________________________________________________________________________________________