April 13, 2004

 

The Fillmore County Board of Supervisors convened in open and public session at 9.00 a.m. on April 13, 2004, in the Courthouse Boardroom in Geneva, Nebraska with Chairman Kimbrough presiding. Members present were Yates, Simacek, Galusha, Cerny, Mueller, and Capek.  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 2.25 p.m.

 

MINUTES APPROVED

 

            Galusha moved and Yates seconded the motion to approve the minutes of the meeting of March 23, 2004 and the correction to Resolution No. 2004-08 as made by the County Clerk.  Upon roll call, the vote was as follows:

 

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

Nays: None

 

            The Chairman declared the motion carried.

 

EARTH DAY CELEBRATION

 

            An invitation from the City of Geneva was received inviting members of the Board to join them in a celebration of Earth Day at 1 p.m. on April 21st at the Log Cabin in the City Park. The grant from the USDA for part of the cost of the new sewer plant will be presented at that time.

 

FEE REPORTS

 

            Capek moved and Simacek seconded the motion to approve the following fee reports:

 

            Sheriff – March $1,493.38                   Clerk – March $11,080.43, Quarter  $33,756.38

Clerk of District Court – March $190.00, Quarter $745.00, Total fees/fines for March $15,975.32, Quarter $26,909.16

 

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.

 

OTHER REPORTS

 

            The February Rural Transit Report and the Treasurer’s report of Property sold on or after March 1, 2004 at Public Tax Sale were reviewed and ordered placed on file.  The minutes of the last meeting of the Safety Committee and the Tourism Committee were reviewed and ordered placed on file.

 

SUBSTITUION OF SECURITIES

 

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

 

RESOLUTION NO. 2004-13

 

RESOLVED, that Geneva State Bank of Geneva, Nebraska be permitted to substitute the following security held by the Federal Home Loan Bank of Topeka, KS. Trustee:

 

  Irrevocable Letter of Credit No. 4647 in favor of the Geneva State Bank in the amount of $1,500,000, expiring March 31, 2005 as security for deposits of Fillmore County and to withdraw the following:

 

                                      Irrevocable Letter of Credit No. 2942 in favor of the Geneva State Bank in the amount of $1,500,000, expiring March 31, 2004.

 

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.

 

TO CLOSE ACCOUNT

 

            The committee of Friends of the Fillmore County Courthouse #2 has requested that the County Board send a letter to the Fillmore County Foundation asking that the account be closed as the project is now completed.  The funds will be sent to the County Treasurer and credited to the “Donations” line item in the General Fund Receipts.

 

            Cerny moved and Simacek seconded the motion to send a letter to the Fillmore County Foundation authorizing the Foundation to close the account for the Friends of the Courthouse #2 with the Foundation. 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.

 

RURAL TRANSIT CONTRACT

 

            Yates moved and Galusha seconded the motion to approve the contract with the Nebraska Department of Roads for funds to buy a new mini-van for the Fillmore County Rural Transit Service.   The motion was held at the request of Simacek who was to call Blue Valley Community Action for information regarding the change in funding made by the Department of Roads.

 

INFORMATION TECHNOLOGY COMMITTEE

 

            Galusha moved and Yates seconded the motion to appoint Elmer Hessheimer and Gerald Slezak to the Fillmore County Information Technology Committee, terms to be set at a later date. 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.

 

DRIVEWAY PERMITS

 

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

 

Jean Schropfer – to install a 20 – 30 foot driveway on the north side of the NE ¼ NW ¼ of Sec. 17-5-1, Franklin Township, just west of the ½ mile line,

Dale Pospisil – to install a 20 – 40 foot driveway on the west side of the SW ¼ NW ¼ of Sec. 28-5-1, Franklin Township, just north of the ½ mile line,

Ruby Eppler Trust – to install an approximately 35 foot drive on the south side of the SE ¼ SE ¼ or Sec 30-6-3, Stanton Township, just west of the Steve Kamler residence,

Sharon Krejci –1) to remove and replace existing drive in the east side of the NE ¼ SE ¼ of Sec. 35-8-3, West Blue Township, at the ½ mile line, 2) to remove and replace existing drive in the south side of the SW ¼ SE ¼ 35-8-3, West Blue Township, at the ½ mile line, AND clean silt from the adjacent ditch through the driveway area,

Fred Styskal – to replace culvert in existing drive at building site in the NW ¼ NE ¼ of Sec. 4-7-1, Liberty Township, and

K & K Myers – to install a 40-foot drive in the NE ¼ NE ¼ of Sec. 3-5-2, Belle Prairie Township, a short distance south of the corner (approved in 2000 but not installed),

 

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.

 

SILT CLEANING PERMITS

 

            Simacek moved and Mueller seconded the motion to approve the following applications for silt cleaning permits:

 

Jean Hughes Trust – to clean silt approximately the west ½ of the road ditch adjacent to the north side of the NE ¼ of Sec. 21-7-3, Geneva Township,

Fred Styskal – to clean silt from the road ditch adjacent to the north side of the NW ¼ NE ¼ of Sec. 4-7-1, Liberty Township, from the ½ mile line east to the drive at the building site.

 

Upon roll call, the vote was as follows:

 

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

Nays:  None

 

            The Chairman declared the motion carried.

 

PERMITS TO OCCUPY ROAD RIGHT-OF-WAY

 

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

 

            Judy Dondlinger – for an underground electric line between the SE ¼ of Sec. 21 and the SW ¼ of Sec. 22-6-4, Momence Township, and

            The US Geological Survey – for a monitoring well on the right-of-way line at the SW corner of the SW ¼ of Sec. 33-5-1, Franklin Township,

 

and that said Judy Dondlinger and The US Geological Survey shall assume all liability for the construction, maintenance, and repair of said underground electric line and monitoring well. 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.

 

ROAD BETWEEN SEC. 29 AND 32-7-2

 

            Simacek again asked what area of the ditches between Sec. 29 and 32-7-2 in Madison Township will be cleaned when the box culvert project is done. The cleaning on the south side will begin at the west corner and run east no more than ¼ mile, to the driveway with a culvert, the cleaning on the north side will be minimal, and all cleaning will be at the west end of the mile.

 

TRAFFIC SIGN STUDY

 

            The Highway Superintendent presented an engineering study for the intersection of Roads H and 12 in Geneva Township.  The study recommends placing a stop sign at the intersection to stop eastbound traffic.

 

ADDING STOP SIGN

 

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

 

RESOLUTION NO. 2004-14

 

In accordance with the standards set forth in the Manual for Uniform Traffic Control Devices, as from time to time amended, and

 

            WHEREAS, it is in the best interest of Fillmore County, Nebraska, to establish and maintain proper consistent highway signing in conformity with said manual,

 

            The Fillmore County Highway Department therefore requests formal approval to place, erect, and maintain traffic control devices on Fillmore County Roads at the following locations:

 

                        TYPE OF DEVICE                                                     LOCATION

 

STOP sign                                                      at the intersection of County Roads H and 12, to                               stop eastbound traffic

 

            NOW THEREFORE Be It Resolved by the Fillmore County Board of Supervisors that this resolution is approved the 13th day of April 2004.

 

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.

 

APPROVE SHOP DRAWINGS AND FOOTINGS DRAWINGS

 

            After reviewing the shop drawings and the footings drawings, Yates moved and Cerny seconded the motion to approve the drawings shop drawings and footings drawings as presented. 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.

 

PAY FOR WASTE OIL COLLECTION POSITION

 

            The rate of pay for the seasonal position of waste oil collector was discussed.  No pay increase has been given since the position was created. 

           

            After discussion, Yates moved and Capek seconded the motion to increase the pay rate by 25 cents per hour, the same amount other employees received last July, with the rate to be reviewed each April.  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.

 

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 10.55 a.m.  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.

 

APPROVE TAX CORRECTIONS

 

            Cerny moved and Simacek seconded the motion to approve Tax Corrections #09-03 through #12-03 as presented by the Assessor.   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.

 

REPORTS

 

            The Assessor presented the 2004 Reports and Opinions of Property Tax and Assessment for 2004 put out by the State Department of Revenue.

 

NOTICE OF INTENT TO TAX

 

            Mueller moved and Simacek seconded the motion to send Notices of Intent to Tax on the following property:

 

            Nebraska Department of Aeronautics, agricultural land in Sec. 5, 7, 8, and 17-7-2, Madison Twp.

 

Upon roll call, the vote was as follows:

 

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

Nays: None

 

            The Chairman declared the motion carried.

 

PAYMENT OF TAXES ON E ½ SE ¼ SEC 17-7-4

 

            The County Attorney, after reviewing the documents setting out ownership and beneficiary of income from the property owned by the Fillmore County, the E ½ SE ¼ of Sec. 17-7-4, Bennett Township, recommended that the Fillmore County Hospital pay the taxes as it was to receive the net income from the property under the documents covering the transaction.

 

 Yates moved Capek seconded the motion to have the Fillmore County Hospital pay the real estate taxes on the property located in the E ½ SE ¼ of Sec. 17-7-4, Bennett Township from the income received from the property, effective April 14, 2004.  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.

 

RETURN TO REGULAR SESSION

 

            Cerny moved and Mueller seconded the motion to return to regular session as the Fillmore County Board of Supervisors at 11:30 a.m.  Upon roll call, the vote was as follows:

 

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

Nays: None

 

            The Chairman declared the motion carried.

 

OTHER INFORMATION

 

            The Safety Committee Chairman advised the Board that the Committee recommended that the County adopt a policy providing for background checks for new employees and update the personnel manual to include the policy. 

 

A tornado drill was held the week of April 5th for the Courthouse with satisfactory results.

 

            Flood Plain maps have been received for the county and all towns except Shickley.

           

            Enhanced 911 addressing is progressing, two new addresses have been assigned on south 5th and 6th streets outside the city limits in Fairmont.

 

EMERGENCY MANAGEMENT AND COMMUNICATIONS REPORT

 

            Emergency Management Coordinator Marshall reported that grant applications for over $900,000 have been filed with the State for communications equipment for countywide use and possibly for cooperative use of several area counties.  The office is currently working with schools, the hospital and rescue squads in the county assessing their needs. Automatic electronic defibrillators are items of equipment needed in rescue squads and will be included in grant applications for equipment. Services for asthma and emphysema victims is another area they are working on.

 

            A public meeting is scheduled for April 21st with the National Weather Service at the Geneva City Library on storm watching.  The county Emergency Management office is cooperating with the City of Geneva and the National Weather Service in putting on the program.

 

            A dispatching handbook setting out minimum standards has been adopted for the Sheriff’s dispatchers.

 

COURTHOUSE SIGN

 

            Scott Stockwell reported that the sign on the Marks property on R Street is available if the county wants to move the Courthouse sign from the F Street location.  The cost would be $600 per year for a 6’ x 12’ sign.  The sign has been in place on F Street for about a year at no charge, courtesy of the sign company, however they provide only one year of free space.  Further reference will be made.

 

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

Rent, post, misc

$   2,951.48

Alltel

Cell

450.49

Ameritas Life Insur Corp

Ret

419.92

Aquila

Uit

1,147.93

Joseph N Bixby Atty

Ser

637.50

Bryan LGH Medical Center

Sup

28.00

City of Geneva

Uti

110.60

Jan Cotner

Ser

45.00

Co Vet’s Service Officers Assoc

Dues

100.00

Dr R J Cronk

Serv

25.00

Custer County Sheriff

Ser

23.10

DAS Communications

Rent

350.00

Duckwalls

Sup

161.06

Eakes Office Plus

Equi, sup

965.77

Earl’s Window Service

Ser

4.00

Fillmore Co Bldg & Grounds

Sup, misc

49.00

Fillmore Co Treas

Trans, reimb

21,004.43

Ft. Dearborn Life Insur Co

Insu

183.29

Garbage Co

Ser

95.00

Geneva St Bank

SS

791.14

Geneva TV & Appliance

Ser

25.00

Heinisch Law Office

Ser

458.26

Terry Hejny

Mile, misc

327.99

Hilty’s

Sup

243.98

Hometown Leasing

Ser

346.63

Stephen J. Kraviec, Atty

Ser, misc

1,649.52

Lease Consultants Corp

Ser

249.00

Patty A Lentfer

Mile

58.50

John B Lott DDS

Ser

375.00

Terry L Marshall

Uti, misc

229.49

Mel’s Automotive

Rep

94.49

MIPS/County Solutions LLC

Ser

1,645.11

Richard Mueller/Tom Biegert

Rent

625.00

NE Co Attorneys Assoc

Wksh

50.00

Nebraska Signal

Ads, proc

1,348.14

NE Tech & Telecommun Inc

Uti

1,219.05

Nelson Petrol Co

Fuel

455.53

Nick’s Farm Store

Equ, sup

214.92

Nissen Electric

Ser

331.45

Mary Novak

Mile, misc

108.50

Susan Perkins

Mile

10.80

Platte Valley Commun of Hastings

Equ

21,550.04

Raney Pest Control Inc

Ser

65.00

Redfield & Co

Sup

195.73

Region V Central Office

Qtrly budget alloc

2,952.25

Patty Scarborough

Mile

17.63

NE Dept of Labor

Ser

30.00

Nebr Dept of Mtr Vehicles

Sup

4.00

NE HHS Lab

Ser

75.00

UNL  Telefax Serv

Ser

22.50

UNL IS-Telecommun

Uti

29.17

W S Darley & Co

Sup, equi

3,976.65

Nancy G Waldron Atty

Ser

549.25

Daniel L Werner Atty

Ser

274.50

West-Lite Co

Sup

1,148.80

York Co Court

Sup

1.75

York Co Extension Serv

Ser

100.00

Regina Swartzendruber

Pt time help

912.56

Hannele Plettner

Pt time help

1,415.90

Earl Kriley

Pt time help

934.83

Lois Bernasek

Dispatching

465.12

Nancy Hansen

Dispatching

1,271.67

Howard Mills

Dispatching

1,702.00

Beverly Morgan

Dispatching

444.00

Olivia Shellhase

Dispatching

1,686.00

Sandy Bolejack

Jailer

1,898.04

Susan Perkins

Pt time bailiff

35.00

 

 

 

ROAD/BRIDGE FUND

 

 

Ackland Construction Inc

Ser

1,360.00

Alltel

Uti

72.42

Ameritas Life Insur Corp

Ret

1,576.49

Aquila

Uti

436.43

Auto Value Parts Stores

Sup

459.64

B & J Automotive

Sup

24.33

Barco Municipal Prod

Sup

103.22

Business World Prod Inc

Ser

24.00

Callaway S & D Sand & Gravel

Gravel

2,549.65

Casey’s General Stores, Inc

Fuel

1,379.27

Century Lumber Cent

Sup

244.07

City of Geneva

Uti

22.70

Dorchester Coop

Fuel

1,321.39

Farm Plan

Sup

380.79

Fillmore Co Clerk

Ser

10.50

Fillmore Co Shop

Post, misc

23.67

Filter Care of Nebr

Sup

83.45

Ft Dearborn Life Insur Co

Insu

120.65

Garbage Co

Ser

45.75

Geneva Carquest

Sup

40.56

Geneva Impl

Sup

231.60

Geneva St Bank

SS

1,800.77

Geneva Welding & Supply

Sup

232.27

Grafton Oil

Fuel

1,349.69

Pat Halbur

Sup

31.60

Marlborough

Sup

44.50

Michl Serv

Fuel

71.00

NE Assoc of Co Eng. Hwy Supt’s

Dues

70.00

Nebraska Bolt

Sup

86.85

NE-Iowa Indust Fasteners

Sup

107.49

Nebr Machinery

Sup

570.93

Nelson Petrol

Fuel, sup

1,786.17

Newman Traffic Signs

Sup

647.00

Nichols Construct

Gravel

27,690.50

Nick’s Farm Store Co

Rep

72.02

Overhead Door Co

Rep

25.95

Overland Sand & Gravel

Gravel

474.29

Perennial Public Power

Uti

151.91

Powerplan

Sup

4,018.82

Ralph’s Geneva tire

Ser

141.83

Speece-Lewis Engineers

Ser

5,184.67

Texaco/Shell

Fuel

43.00

Tie Yard of Omaha

Gravel

375.27

Village of Fairmont

Uti

30.12

Van Kirk Bros Contracting

Box culverts

47,685.17

Village of Milligan

Uti

20.18

Village of Ohiowa

Uti

20.00

Walmart Community

Sup

44.93

Wick’s Sterling Trucks

Sup

37.08

Mike Nichols

Pt time

416.88

Payroll

Salaries

24,291.33

 

 

 

ECONOMIC DEVELOP-TOURISM FUND

 

 

Exeter Q125 Committee

Reim

118.96

Fillmore Co Development Corp

Sup, mile, misc

90.68

Fillmore Co Treas

Sup

4.00

 

 

 

MEDICAL-RELIEF FUND

 

 

Richard Trapp

Rent

210.00

Weaver Pharmacy

Sup

461.19

 

 

 

SENIOR SERVICES FUND

 

 

Dawg’s Smokehouse Café

HDM’s

81.15

Judy Dondlinger

Ser

230.00

Exeter Care Center

HDM’s

420.00

Ft Dearborn Life Insur Co

Insu

11.30

Geneva Senior Center

Rent, sup, misc

208.05

Jeannine Krejci

Ser

140.00

Nancy Kohler

Post, mile

122.78

Elizabeth M Manning

Ser

140.00

Ron’s Tavern

HDM’s

340.00

Rhonda Stokebrand

Mile

97.02

JoAnn Vavra

Ser

130.00

 

 

 

KENO FUND

 

 

Fillmore Co Treas

License fee

100.00

 

 

 

HOSPITAL OPERATING FUND

 

 

Fillmore Co. Hospital

March tax coll.

3,205.21

 

 

 

NOXIOUS WEED FUND

 

 

Alltel

Uti

39.25

Brothers Equip

Sup

41.86

Merlin Ehmen

Rent

210.00

Ft Dearborn Life Insur Co

Insu

2.26

Nebraska Signal

Ads

22.81

Respond First Aid Systems

Sup

171.80

York Fire Dept

Ser

207.47

 

 

 

911 EMERGENCY COMMUN FUND

 

 

Alltel

Ser

470.00

 

CLAIMS APPROVED

 

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

 

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

Nays: None                              Abstaining due to conflict of interest: Yates

 

            The Chairman declared the motion carried.

 

SOUTHEAST NEBRASKA DEVELOPMENT DISTRICT

 

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

 

RESOLUTION NO. 2004-15

 

            A Resolution by the County of Fillmore, Nebraska, declaring its interest in cooperating with the Counties of Butler, Gage, Jefferson, Polk, Saline, Thayer and York and the several other political subdivisions located therein in exploring prospective membership in the Southeast Nebraska Development District and pursuing recognition of that organization’s expanded service area as an Economic Development District, as designated by the U.S. Department of Commerce, Economic Development Administration; and,

 

            NOW, THEREFORE, be it resolved that the Chairman of the Board of Supervisors of Fillmore County, Nebraska, is hereby authorized, on behalf of the County, to execute this resolution of intent reflecting the governing board’s stated desires.

 

            THIS RESOLUTION APPROVED by the Board of Supervisors of Fillmore County, Nebraska on this 13th day of April 2004.

 

Upon roll call, the vote was as follows:

 

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

Nays: None                             

 

            The Chairman declared the resolution adopted.

 

SENDD APPOINTMENTS

 

            Yates moved and Simacek seconded the motion to appoint Mueller to the SENDD Exploratory Committee with Cerny as alternate member.  Upon roll call, the vote was as follows:

 

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

Nays: None                              Abstaining: Mueller and Cerny

 

            The Chairman declared the motion carried.

 

ADJOURNMENT

 

            The Chairman declared the meeting adjourned until 9.00 a.m., April 27, 2004.

 

_________________________________                                   ____________________________________

Attest                                                                                            Chairman

__________________________________________________________________________________________