May 25, 2004

The Fillmore County Board of Supervisors convened in open and public session at 9.00 a.m. on May 25, 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 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 2.03 p.m.

MINUTES APPROVED

Since there were no additions or corrections to the minutes, the Chairman declared them approved as presented.

LOCAL EMERGENCY DECLARATION

Chairman Kimbrough advised the Board that on May 24, 2004, he signed a Local Emergency Declaration due to damage from the storms on May 22^nd.

HOMELAND SECURITY GRANT

Emergency Management Director Marshall and Sheriff Burgess reported to the Board that the grant application submitted for new communications systems for Fillmore County and seven other counties resulted in approval of grant funds of $492,000, about 50% of what was requested. Applications for grants for additional funds will be submitted later this year.

APPOINTMENT TO PLANNING AND ZONING COMMISSION

Yates moved and Galusha seconded the motion to approve the appointment of Reg Noel as the representative of the Village of Shickley on the Fillmore County Joint Planning and Zoning Board. 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

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

Don Manning – to replace the driveway into the residence at 1805 Road I, on the north side of the W ½ NW ¼ of Sec. 13-7-2, Madison Township,

Ryan Winter – to put a culvert into the existing driveway into the residence at 1701 Road 5, on the west side of the SW ¼ SW ¼ of Sec. 11-7-4, Bennett Township, and

Dwayne Luzum – to put a new drive into a pasture on the on the south side of the S ½ of the SE ¼ of Sec. 31-7-1, Liberty 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.

SILT CLEANING PERMIT

Simacek moved and Mueller seconded the motion to approve the following application for a silt-cleaning permit:

Noel Bros., to remove silt from a ditch adjacent to the east side of the NE ¼ SE ¼ of Sec. 2-5-3, Hamilton Township, from the north drive to the waterway.

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.

GRADER AND DRAG BLADES

The Highway Superintendent presented current prices on drag and grader blades. The Board agreed that he should continue to order from the company with the lowest quote.

PERSONNEL MANUAL, SICK LEAVE BANK

The Board discussed setting up a sick leave bank for employees on a voluntary basis. In addition, they agreed that the elected officials and department heads should start meeting to revise and update the personnel manual, including the addition of a policy setting up a sick leave bank.

HOIST

A quote for an A-frame hoist for the county shop was received. Total cost for the two-ton hoist was estimated at $3,856.

After discussion, Mueller moved and Cerny seconded the motion to adjust the A-frame hoist design to handle five-ton. Upon roll call, the vote was as follows:

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

Nays: None Abstaining due to conflict of interest: Yates

The Chairman declared the motion carried.

PUBLIC HEALTH SOLUTIONS

Tiffany Sutter, Administrator of Public Health Solutions, brought some items for distribution to the public on West Nile Virus and rabies. The agency’s role has been expanded by several functions that the state and federal government have turned over to local health organizations.

BOARD OF EQUALIZATION

At the request of the County Assessor, Yates moved and Mueller seconded the motion to go into session as the County Board of Equalization at 11.06 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.

PROTESTS

The Assessor has received a protest on proposed taxation for 2004 of the farmland owned by the State Department of Aeronautics at the Fairmont Airfield. Deputy County Attorney Ach told the Board that the notice sent by the Board of Equalization was past the deadline for such notices, and that the Supreme Court decision in the case of the York Municipal Airport vs. the York County Board of Equalization covered the same situation. The Court found that the York Municipal Airport should not be taxed for the same reasons that the Department of Aeronautics presented to the Board of Equalization last year.

TO SEND LETTER WITHDRAWING NOTICE OF INTENTION TO TAX

Simacek moved and Capek seconded the motion to authorize the County Attorney to send a letter to the Nebraska Department of Aeronautics withdrawing the notice of intent to tax the farm ground owned by the State at the Fairmont State Airfield. 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.

TAX CORRECTIONS

Cerny moved and Yates seconded the motion to approve the tax corrections as listed by the County Assessor and a copy of said list is hereby attached to and made a part of these minutes. 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.

RETURN TO REGULAR SESSION

Capek moved and Mueller seconded the motion to return to regular session of the Fillmore County Board at 11.23 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.

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
Joan Ackland	Mileage, misc	$ 60.82
Alamar Uniforms	Sup	194.95
Alltel	Uti	290.64
Ameritas Life Insur Corp	Ret	3,781.31
Aramark Uniform Serv Inc	Ser	176.36
Drs Ashby & Ashby	Ser	345.00
Assurity Life Insur Co	Ser	168.00
Blue Valley Comm Action	4^th qtr budget alloc	4,986.75
Blue Valley Mental Health Center	Ser	128.16
Bottorf & Maser, Attys	Ser	234.38
Buffalo Co Sheriff	Ser	16.00
Chaney Chemical Inc	Sup	301.60
Marilyn Christiancy	Ret	25.00
City of Geneva	Ser, rent	940.00
Clay Co Sheriff	Ser	27.40
Election Systems & Software	Ser	1,467.58
Evercom	Sup	122.50
F & S Supply Co Inc	Sup	159.85
Farmer & Son Funeral Homes Inc	Ser	266.40
Fillmore Co Court	Reimb	1,337.05
Fillmore Co Treas	Transfer of funds	320,775.29
Gambles	Sup	231.74
Garbage Co	Ser	95.00
Geneva St Bank	SS	3,982.30
Geneva Super Foods	Sup	282.34
Great Plains Appraisal	Ser	3,600.00
Norma Gregory	Ret	25.00
Dean N Hansen Atty	Ser	592.50
Heinisch Law Office	Ser	92.62
Hilty’s	Sup	920.32
Hometown Leasing	Ser	374.00
Kalkwarf & Smith Law Offices LLC	Ser, misc	2,619.67
Stephen J Kraviec Atty	Ser, post	1,596.16
Lease Consultants Corp	Ser	249.00
Ann H McDonald	Ret	18.00
Mel’s Guns & Ammo	Equi	618.13
Mid-American Research Chem Corp	Sup	392.74
Willard H Mussman	Ret	23.00
Nat’l Sheriff’s Assoc	Sup	50.00
NE Co Atty’s Assoc	Dues, wksh	756.50
NE Fire Sprinkler Corp	Ser	363.00
NE Forensic Med Serv PC	Ser	1,700.00
Nebr Nat’l Bank	Ser	187.49
NPPD	Uti	724.88
Nebr Signal	Sup	197.00
Nebr State Bar Assoc	Sup	29.00
Nebr Tech & Telecommun	Uti	1,122.14
Phillips 66	Fuel	76.52
Platte Valley Commun	Rep	102.00
Radiology Assoc	Ser	52.00
Raney Pest Control Inc	Ser	65.00
Redfield & Co Inc	Sup	175.67
Region V Systems	Ser	330.00
NE Sec of State	Sup	20.00
NE Dept of Admin Serv	Ser	38.95
NE Dept of M V	Sup	8.00
NE Health & Human Serv Lab	Ser	150.00
Thayer Co Extension	Post, sup, main	322.73
UNL Cooperative Exten	Sup	273.11
UNL IS-Telecommun	Ser	44.38
USDA-APHIS	4th qtr budget allocation	1,513.00
Carroll Verhage MD	Ser	220.00
Walter F Stephens Jr Inc	Sup	203.66
Weaver Pharmacy	Sup	96.20
Dorothy Novak	Pt time help	26.44
Kathy Peppard	Pt time help	80.00
Patty Scarborough	Pt time help	680.94
Salaries	Payroll	57,151.58
ROAD/BRIDGE FUND
Ameritas Life Insur Corp	Ret	1,684.65
B’s Enterprises	Sup	794.40
Casper’s Construction Co	Shop bldg	105,450.00
Contech Constr Prod	Sup	3,380.01
Don’s Signs	Sup	96.25
Farmers Coop	Fuel	1,359.75
Drummond American	Sup	134.27
Farm Plan	Sup	583.87
Gambles	Sup	41.07
Garbage Co	Ser	45.75
Ralph Gould	Ret	18.00
Geneva St Bank	SS	1,819.98
Grafton Mini Mart	Fuel	43.98
Grafton Oil	Fuel	1,044.60
Pat Halbur	Mile	55.50
Elmer Hessheimer	Sup	29.00
Donovan Jirkovsky	Ret	25.00
Lauber Seed Farms	Sup	640.10
Lichti Bros Oil Co	Fuel	8,727.21
Nebr-Iowa Indust Fast	Sup	9.24
NPPD	Uti	85.17
Nebr Tech & Telecommun Inc	Uti	107.37
Donna Saltzman	Ser	30.00
Perennial Public Power	Uti	31.77
Speece-Lewis Eng	Ser	7,136.73
Superior-Deshler Inc	Fuel	63.70
Tie Yard	Right of Way	1,550.00
Universal Lubricants Inc	Sup	1,006.60
Payroll	Salaries	24,957.73
JUVENILE JUSTICE FUND
Blue Valley Mental Health	Ser	6,079.00
TOURISM-ECONOMIC DEVEL
Shickley Lumber Co	Sup	22.24
MEDICAL/RELIEF FUND
Weaver Pharmacy	Sup	723.88
INSTITUTIONS FUND
NE Health & Human Serv	April patient care	450.00
SENIOR SERVICES FUND
Ameritas Life Insur Corp	Ret	141.39
Geneva St Bank	SS	297.24
Claribel Mumm	Pt time help	99.20
Payroll	Salaries	3,828.03
COPS GRANT
Geneva St Bank	SS	66.30
Jeremy Goeken	Sal	866.67
HOSPITAL OPERATING
Fillmore Co Hospital	Apr taxes	24,873.54
NOXIOUS WEED FUND
Ameritas Life Insur Corp	Ret	151.20
Geneva St Bank	SS	157.59
Payroll	Salaries	2,240.06
911 EMERGENCY COMMUN FUND
Alltel Commun	Uti	886.27
Platte Valley Commun	Rep	60.00

CLAIMS

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

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

Nays: None Absent: Simacek

The Chairman declared the motion carried.

ADMINISTRATIVE SUBDIVISIONS

The Planning and Zoning Administrator presented two applications for Administrative Subdivisions:

Kamler Subdivision of part of the NE ¼ of Sec. 15-6-4, Momence Township, and

Schlegel Subdivision of part of the SE ¼ of Sec. 6-5-3, Hamilton Township,

and recommended that both be approved as they meet the requirements for Administrative Subdivisions.

KAMLER ADMINISTRATIVE SUBDIVISION

After discussion, Yates moved and Galusha seconded the motion to approve the Kamler Subdivision application, contingent upon the required signatures being on the plat when filed with the County Clerk’s office, and described as follows:

A tract of land comprising a part of the Northeast Quarter (NE ¼) of Section 15, Township 6 North, Range 4 West of the 6^th P.M., Fillmore County, Nebraska, said tract being more particularly described as follows:

With reference to the Southeast corner of the said NE ¼; thence running on an assumed bearing of

N 00^O00’00”E on the East line of said NE ¼ for a distance of 309.00 feet to the actual POINT OF BEGINNING; thence continuing N 00^o00’00”E on the East line of said NE ¼ for 580.00 feet; thence N 89^o00’00”W for 165.00 feet thence S 00^o00’00”E for 400.00 feet; thence N 89^o00’00”W for 202.00 feet; Thence S 00^o00’00”E for 180.00’; thence S 89^o00’00”E for 367.00 feet to the POINT OF BEGINNING, said tract containing 3.031 acres more or less, the Easterly 33.00 feet thereof being Fillmore County road right-of-way.

Upon roll call, the vote was as follows:

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

Nays: None Absent: Simacek

The Chairman declared the motion carried.

SCHLEGEL ADMINISTRATIVE SUBDIVISION

Cerny moved and Mueller seconded the motion to approve the Schlegel Administrative Subdivision application, contingent upon the required signatures being on the plat when filed with the County Clerk’s office, and described as follows:

A tract of land comprising of part of the SE ¼ of Section 6, Township 5 North, Range 3 West of the 6^th P.M., Fillmore County, Nebraska, described as follows: Commencing at the SE corner of said SE ¼ , and assuming the South line of said SE ¼ to have a bearing of N90^o00’00” W; thence N90^o00’00”W, and on the South line of said SE ¼, 1247.72 feet; thence N00^o00’00” E, and perpendicular to the South line of said SE ¼, 65.00 feet to the point of beginning, said point being a ¾” rebar w/cap on the North R.O.W. line of Highway #74; thence N90^o00’00” W, and parallel with the South line of said SE ¼, and on the North R.O.W. line of Highway #74, 307.31 feet to a ¾ “ rebar w/cap; thence N10^o01’34”E, 553.50 feet to a ¾” rebar w/cap; thence S90^o00’00”E, and parallel with the South line of said SE ¼, 172.49 feet to a ¾” rebar w/cap; thence S04^o02’07”E, 546.40 feet to the point of beginning and containing 3.00 acres more or less.

Upon roll call, the vote was as follows:

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

Nays: None Absent: Simacek

The Chairman declared the motion carried.

ADJOURN

The Chairman declared the meeting adjourned until 8.30 a.m. June 8, 2004.

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Attest Chairman

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