March 23, 2004

The Fillmore County Board of Supervisors convened in open and public session at 9.00 a.m. on March 23, 2004, in the Courthouse Boardroom in Geneva, Nebraska with Chairman Kimbrough presiding. Members present were Yates, Simacek, Galusha, Cerny, Mueller and Capek. Simacek left at the lunch break. 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 3.00 p.m.

MINUTES APPROVED

As there were no additions or corrections to the minutes of the March 9, 2004 meeting, the Chairman declared them approved as presented. The Clerk advised the Board that a correction of a typographical error in Resolution No. 2004-08 was made after the minutes were mailed out. The correction was to the second JCR, correcting it to read #74,441.

AREA DEVELOPMENT DISTRICT, MEMBERS TO MEETING

Letters of support for the county joining the Southeast Nebraska Development District (SENDD) were received from the City of Geneva and Shickley Village. Simacek and Mueller volunteered to attend the meeting to be held in Friend on March 26^th with the other nine counties in this area to discuss joining SENDD, already in existence for several years.

SUBSTITUTION OF SECURITIES

Galusha moved and Simacek seconded the introduction of the following resolution:

RESOLUTION NO. 2004-12

RESOLVED, that the Cornerstone Bank of York, Geneva branch, be allowed to withdraw the following securities held by the Wells Fargo Bank Minnesota NA:

Cuisp234210FV0 for $180,000 and JCR 72063 held by Norwest Bank in the amount of $180,000;*

and the following security held by Union Bank and Trust Company is hereby substituted:

JCR #2905 Platte Cnty NE School Dist. #001 in the amount of $95,000.00 due 12-15-2012

Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the resolution adopted.

*Note: The securities called were subsequently found to be duplicates and only $180,000 was withdrawn. A correction will be made in the April 13^th minutes.

JUVENILE DETENTION CONTRACT

Galusha moved and Mueller seconded the motion to approve the contract with Lancaster County for Juvenile Detention Services for 2003-04. Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the motion carried.

PERMITS

Capek moved and Yates seconded the motion to approve the following applications for driveway permits:

Betty Betka – to install a 20-30 foot driveway just west of the ½ mile line on the north side of the NW ¼ of Sec. 13-7-2, Madison Township;

Alfred Gergen – to install a drive on the south side of the SE ¼ SE ¼ of Sec. 18-6-4, Momence Township;

Patrick A Kamler – to install a drive on the north side of the NE ¼ NW ¼ of Sec. 13-7-4, Momence Township;

Wilma Heinrichs – to install a drive on the south side of the SE ¼ of Sec. 9-6-3, Stanton Township, at approximately the ½ mile line;

Elmer Reinsch – to install a drive on the north side of the NE ¼ NW ¼ of Sec. 19-6-4, Momence Township, by the bins west of the residence;

Judy Votipka – to remove a drive by a power pole and install new one further west on the north side of the NW ¼ NW ¼ of Sec. 21-8-1, Exeter Township.

Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the motion carried.

SILT CLEANING PERMITS

Simacek moved and Capek seconded the motion to approve the following applications for permits to clean silt from a road ditch:

Gerald Stengel – to clean silt from the road ditch adjacent to the north side of the NW ¼ NW ¼ of Sec. 30-6-4, Momence Township;

Ron Marble – to clean silt from the road ditch adjacent to the SW ¼ NW ¼ of Sec. 2-5-1, Franklin Township

Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the motion carried.

TRADING ROADS

The Geneva Township Board was present for the discussion of the possibility of trading a mile of township road for three separate segments of county road that total a mile. The mile of dirt road will need a little spot grading to come up to the county’s requirements. The question of requiring Geneva Township to gravel the road before the county takes it over was discussed. Galusha stated that he felt the time saved for the county by not having to turn around on the short segments of road the county will give up will make up for the cost of an occasional load of gravel on the road to be taken over. The township board had previously said it would agree to the trade provided it would not have to grade or gravel the mile they were relinquishing.

TO TRADE ROADS

Galusha moved and Cerny seconded the motion to trade with Geneva Township, three short segments of county road, as follows:

the West ½ mile on the north side of Sec. 6-7-3, the West ¼ mile between Sec. 28 and 33-7-3, and the East ¼ mile between Sec. 29 and 32-7-3,

for the township road between Sec. 2 and 11-7-3, all in Geneva Township.

Upon roll call, the vote was as follows:

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

Nays: None Abstaining: Simacek

The Chairman declared the motion carried

911 ROAD SIGNS

The Highway Superintendent showed a fiberglass sign made in Hebron as a possible replacement for the aluminum signs now being used as 911 road signs. They would be bolted to the post and have more support than the brackets now used. The cost is about $3 per sign less than for aluminum signs and the change in mounting would save $4 to $5 per installation.

BRIDGE PROJECTS REPORT

Engineer Lewis reported on the options available on the historic bridge replacement between Sec. 1 and 2-8-4, Grafton Township. The Army Corps of Engineers, State Historical Society and a national historic preservation group all have to approve whatever option the county chooses, whether keeping in place or moving the bridge. Current plans are to leave it in place and move the river channel to bypass this old bridge, estimated at between 40 and 55 feet in length. The cost of moving it would be prohibitive and some agency would have to have a place to put it so that it would be available to the public because of it’s historic significance. He said the Corps would prefer that some water be under the bridge at all times and will look at ways that this may be done at a reasonable cost. Right-of-way for moving the road and channel has already been acquired.

The bridge at the north end of the road between Sec. 25 and 26-7-3, Geneva Township and another at the north end of the road between Sec. 32 and 33-7-2, Madison Township both require channel changes and permits from the Army Corps of Engineers. The permits either have been or will soon be applied for. Both projects are for box culverts to replace the bridges.

The bridge project between Sec. 25 and 26-7-1, Liberty Township is ready to be let either this fall or next spring. The bridge at the north end of the road between Sec. 11 and 12-6-4, Momence Township, is also on schedule.

DISCUSSION OF LAND INCLUDED IN INTENT TO TAX NOTICE

The County Attorney and Deputy Attorney reviewed a decision handed down by the Nebraska Supreme Court regarding taxation of farmland owned by the City of York at the city airport and placed on the tax rolls in York County. Based on this case, Deputy Attorney Ach had advised Assessor Ackland that the farmland owned by the State at the Fairmont State Airfield could be removed from the tax rolls for 2004. Other farm ground owned by governmental subdivisions that had been placed on the tax rolls two years ago was also discussed.

The question of whether the Hospital or the County should pay the taxes on the E ½ SE ¼ of Sec. 17-7-4, Bennett Township, owned by Fillmore County for the benefit of the hospital was discussed.

EMERGENCY DECLARED TO ADD ITEMS TO AGENDA

The Chairman stated that two items needed to be added to the agenda, one that had been omitted and a second requested too late to be placed on the agenda under the normal rules.

Capek moved and Simacek seconded the motion to declare that an emergency exists and to add the following items to the agenda:

Rural Transit Service budget approval, resolution applying for funds, and approval of contract, and Emergency Management report on SCAN

Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the motion carried.

FILLMORE COUNTY RURAL TRANSIT

Rural Transit Director Cronk reviewed the budget for the 2004-05 fiscal year. Federal funds total $32,987, State funds $15,463, and county funds $20,425. The federal funds are up about $3,000 while the state is down $425. The county still has some carry-over funds and can use them to keep the county cost at the current rate of $18,950 if it chooses to do so. A mini-van applied for last year will be delivered in July and the cost is covered by funds received from a charity.

TO APPLY FOR FEDERAL TRANSIT FUNDS

Cerny moved and Yates seconded the introduction of the following resolution:

RESOLTUION NO. 2004-12A

WHEREAS, there are federal funds available under Section 5311 of the Federal Transit Act (FTA), and for Nebraska Public Transportation Act funds, and

WHEREAS, Fillmore County desires to apply for said funds to be used to provide public transportation in Fillmore County with special emphasis on meeting the needs of the elderly and disabled of Fillmore County.

NOW THEREFORE, BE IT RESOLVED; that the Fillmore County Board of Supervisors hereby instruct the Fillmore County Clerk to apply for the above mentioned funds. Said funds are to be used for Fiscal Year 2004-2005.

Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the resolution adopted.

BUDGET ALLOCATION

Yates moved and Galusha seconded the motion to allocate $20,000 for the Fillmore County Rural Transit service in the budget for 2004-05, the $425 needed for full funding to come from carry-over funds currently held by Blue Valley Community Action. Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the motion carried.

CONTRACT WITH BLUE VALLEY COMMUNITY ACTION

Mueller moved and Capek seconded the motion to approve the contract with Blue Valley Community Action to operate the Fillmore County Rural Transit Service for the year 2004-2005.

Upon roll call, the vote was as follows:

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

Nays: None Abstaining due to conflict of interest: Simacek

The Chairman declared the motion carried.

COURTHOUSE RENOVATION REPORT

Marilyn Christiancy told the Board that the courthouse renovation account with the Fillmore County Development Corporation should be closed out since the project is now completed. The Board will need to act to have the money transferred to the County Treasurer’s account. The Chairman requested the Clerk to place it on the next agenda.

INFORMATION TECHNOLOGY REPORT

Scott Stockwell of the Fillmore County Development Corporation presented and reviewed the Fillmore County Information Technology assessment and report. Some of the goals presented have already been met. One of those still to be met is a permanent Information Technology Committee to continue the work. A committee made up of local officials, educators, medical professionals, business people, farmers and others from all areas of the county was recommended. The Chairman requested the Clerk to place the committee appointments on the next agenda.

EMERGENCY MANAGEMENT REPORT

The Emergency Management Director and Sheriff reported on the SCAN project. A grant application for funds from Homeland Defense for local and area communications has been submitted. Included in the grant request are funds for a new communications console and updated software in the sheriff’s department as well as a new telecommunications tower replacing the one now in use. The tower would have space to rent for antennas for other agencies, eliminating the need for additional towers in the area.

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
Howard F Ach Atty	Wksh	$ 215.00
Joan Ackland	Wksh	50.62
Alltel	Cellular	285.36
Ameritas Life Insur Corp	Ret	3,781.31
Aramark Uniform Serv Inc	Ser	131.37
Assurity Life Insur Co	Ser	168.00
Auto Value Parts Stores	Sup	14.04
Joe Birky	Mile	25.92
Black Hills Ammunition	Sup	94.50
Blue Cross-Blue Shield	Insu	12,075.60
Blue Valley Community Action	3^rd Qtr budget allocation	4,986.75
Marilyn Christiancy	Ret	25.00
City of Geneva	Rent	440.00
Jill R Cunningham Atty	Mile	112.50
Custer Co Sheriff	Ser	23.10
D & D Communications	Rep	173.00
Drummond American Corp	Sup	198.86
Eakes Office Plus	Sup, main	1,506.95
Earl’s Window Service	Ser	4.00
Eastern Nebr Forensic Lab	Ser	80.00
Election Systems & Services	Ser	1,575.00
Executive Travel	Ser	358.70
F & S Supply Co Inc	Sup	402.38
Fillmore Co Treas	Transfers	8,393.85
Franklin Co Treas	Sup, post	10.15
Gambles	Sup, equ	303.67
Garbage Co Inc	Ser	95.00
Geneva St Bank	SS	4,010.14
Geneva Super Foods	Sup	118.55
Great Plains Appraisal	Ser	2,400.00
Norma Gregory	Ret	25.00
Hair Works	Ser	14.00
Heinisch Law Office	Ser	149.50
Joan Hendrickson	Mile	48.96
Hilty’s	Sup	910.18
Hometown Leasing	Ser	238.62
JEO Consulting	Ser	2,440.00
Jill’s Sweet Shop	Sup	35.87
Jim’s Repair	Ser, rep	1,545.50
Jury fees	Ser	988.32
Kalkwarf & Smith Law Offices	Ser, misc	2,563.78
Kerry’s Auto Repair & Serv	Sup	25.95
Dennis Kimbrough	Mile	99.00
Latimer Reporting	Ser	118.40
Lease Consultants Corp	Ser	249.00
Ann H McDonald	Ret	18.00
Mid-American Research Chem	Sup	230.62
Willard H Mussman	Ret	23.00
Nat’l Assoc of Co Vet’s Serv Officers	Dues	30.00
NE Clk of Dist. Court Assoc	Dues, wksh	50.00
Nebr Nat’l Bank	Ser	187.59
NPPD	Uti	796.68
Nebr Signal	Ads	20.25
Nebr Tech & Telecommun	Uti	1,185.31
Phillips 66 Co	Fuel	435.00
Platte Valley Commun	Ser	15.12
Quality Inn & Suites	Wksh	61.00
Ralph’s Geneva Tire	Tires & sup	222.53
Raney Pest Control	Ser	65.00
Redfield & Co Inc	Sup	116.92
Henry Rohla Jr	Mile	38.88
Deb Rohr	Mile	77.76
Sales Video Prod	Ser	85.00
Sec of State	Sup	20.00
St of NE Dept of Admin Serv	Ser	38.70
St of NE Dept of Corrections	Ser	1,230.81
St of NE DMV	Sup	11.00
St of NE HHS Lab	Ser	150.00
Sunflower Marketing	Uni	117.50
UNL Infor Serv –Telecommun	Uti	25.39
USDA, APHIS	Ser	1,513.00
USI Inc	Sup	241.19
Weaver Pharmacy	Sup	8.38
Nancy Waldron Atty	Ser	720.66
Daniel L Werner	Ser	115.50
West-Lite Corp	Sup	575.40
Dave Wythers	Mile	23.04
Kipper Lindermuth	Pt time help	423.75
Kathy Peppard	Pt time	64.00
Patty Scarborough	Pt time	663.48
Payroll	Salaries	57,151.58
ROAD/BRIDGE FUND
Ameritas Life Insur Corp	Ret	1,573.35
Auto Glass Center	Rep	201.19
Auto Value Parts Stores	Sup	461.44
Blue Cross –Blue Shield	Insu	9,257.98
Contech	Sup	4,857.20
DAC Services	Ser	89.70
Farmers Coop	Fuel	1,860.16
Fillmore Co Shop	Post, misc	38.13
Fillmore Co Treas	Equ	1,250.00
Filter Care of NE	Sup	19.70
Gambles	Sup	59.40
Garbage Co	Ser	45.75
Geneva St Bank	SS	1,794.02
Ralph Gould	Ret	18.00
Grafton Mini-Mart	Fuel	80.77
Holiday Inn	Wksh	118.00
Donovan Jirkovsky	Ret	25.00
Mark E & Rhonda J Kendall	ROW, misc	928.00
Kerry’s Auto Rep & Serv	Rep	157.23
Lichti Bros Oil Co	Fuel	565.76
Nebr Machinery	Sup	1,640.55
NPPD	Uti	176.55
Nebr Tech & Telecom Inc	Uti	101.26
Overland Sand & Gravel	Gravel	476.80
Speece Lewis Engineers	Ser	2,302.24
Universal Lubricants	Sup	211.75
Mike Nichols	Pt time	538.31
Payroll	Salaries	24,081.63
INSTITUTIONS FUND
NE Dept of Health & Human Serv	Jan & Feb patient care	918.00
SENIOR SERVICES FUND
Ameritas Life Insur Corp	Ret	141.39
Blue Cross-Blue Shield	Insu	805.04
Dawg’s Smokehouse Café	HDM’s	85.42
Geneva St Bank	SS	295.34
Susan Kerl	Ser, mile	94.72
Jeannine Krejci	Ser	80.00
Claribel Mumm	Pt time	74.40
Payroll	Salaries	3,828.03
COPS GRANT FUND
Ameritas Life Insur	Ret	167.91
Blue Cross-Blue Shield	Insu	402.52
Geneva St Bank	SS	165.75
Payroll	Salary	2,166.63
HOSPITAL OPERATING FUND
Fillmore Co Hosp	Feb tax coll	1,366.55
NOXIOUS WEED FUND
Ameritas Life Insur Co	Ret	151.20
Blue Cross-Blue Shield	Insu	402.52
Geneva St Bank	SS	157.59
Payroll	Salaries	2,240.06
E-911 COMMUNICATIONS FUND
Alltel Commun	Uti	939.12
Platte Valley Comm of Hastings	Ser	225.00

CLAIMS APPROVED

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

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

Nays: None Absent: Simacek Abstaining due to conflict of interest: Kimbrough

The Chairman declared the motion carried.

ADJOURNMENT

The Chairman declared the meeting adjourned until 9.00 a.m., April 13, 2004.

_____________________________________ ______________________________________

Attest Chairman

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