July 13, 2004

 

The Fillmore County Board of Supervisors convened in open and public session at 9.00 a.m. on July 13, 2004, in the Courthouse Boardroom in Geneva, Nebraska with Chairman Kimbrough presiding. Members present were Yates, Simacek, Galusha, Cerny, Capek, and Mueller. Capek 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 2.42 p.m.

 

CLAIM FROM CITY

 

            Mayor Norrie, City Administrator Higel, and City Clerk Whitley met with the Board to discuss the claim filed by the city for wages from the period from June 16 through July 1, 2004, for Police Chief Kathy Skala.  The city had suspended Chief Skala with pay after receiving notice of an investigation of the Chief from the State Patrol.  The investigation was made at the request of the County Attorney.  The County Attorney received a letter from the Attorney General on June 18th stating that the investigation was complete and there was no evidence of any wrong doing by Chief Skala.  The County Attorney did not notify the City of this letter and a newspaper article on June 30th was the first notice the city had that the investigation was completed.  The Board said that they would discuss the claim at 11.00 a.m.

 

PAYROLL CLAIMS APPROVED

 

            Cerny moved and Mueller seconded the motion to approve the payroll claims as presented.  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.

 

 

MINUTES APPROVED

 

            As there were no additions or corrections to the minutes of June 22, 2004, the Chairman declared them approved as presented.

 

BOARD OF EQUALIZATION

 

            At the request of the County Treasurer, Capek moved and Mueller seconded the motion to go into session as the Fillmore County Board of Equalization at 9.15 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.

 

 

MOTOR VEHICLE TAX EXEMPTION APPLICATIONS

 

            Yates moved and Galusha seconded the motion to approve the following applications for Exemption from Motor Vehicle taxes owned by nonprofit organizations as presented by the County Treasurer:

            Wells Camp Jefferson c/o Grace Lutheran Church, Geneva – 2001 United 2 wheel utility trailer

 

Blue Valley Community Action, Inc. – 2002 Ford E350 van, 1994 Ford E350 van, and 1996 Ford Station Wagon

 

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.

 

RETURN TO REGULAR SESSION

 

            Simacek moved and Mueller seconded the motion to adjourn the Board of Equalization and return to the regular session of the Fillmore County Board of Supervisors at 9.18 a.m.  Upon roll call, the vote was as follows:

 

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

Nays:

 

            The Chairman declared the motion carried.

 

KENO AUDIT SERVICES

 

            Capek moved and Galusha seconded the motion to authorize the Chairman to sign the Letter of Engagement with Mierau & Co., P.C. for the audit of the Keno Lottery for the period from July 1, 2003 through June 30, 2004.  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.

 

REPORTS

 

            The Semi-Annual Report of the County Treasurer was reviewed and ordered placed on file. 

 

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

           

 

      June

       Quarter

    Year

Clerk of District Court

$              70.00

$             375.00

 

    Fees & Fines Report

6,760.15

 

 

Sheriff

1,292.37

 

$          16,845.52

Clerk

7,087.15

23,091.23

98,089.27

 

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.

 

DRIVEWAY PERMITS

 

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

 

Chris Nun – to install a driveway at a new residence on the west side of the N ½ SW ¼  Sec. 4-6-2, Chelsea Township, just north of the old house,

Ben Horne – to install a new drive on the east side of the SE ¼ of Sec. 33-8-1, Exeter Township, at about the ¼ mile line across the road from the drive to Jim Horne’s property,

Olga Sluka – to install a new drive on the north side of the NW ¼ of Sec. 18-6-1, Glengary Township, at about the ¼ mile line, and

Bob Engle – to install a new drive north of the shop building on the east side of Sec. 12-6-3, Stanton Township.

 

Upon roll call, the vote was as follows:

 

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

Nays:

 

            The Chairman declared the motion carried.

 

DITCH CLEANING

 

            Simacek moved and Yates seconded the motion to approve the application of Kaneb for a permit to clean silt from a ditch adjacent to the pumping station on the north side of the NW ¼ of Sec. 22-6-4, Momence Township.  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.

 

PERMIT TO OCCUPY RIGHT-OF-WAY

 

            Mueller moved and Cerny seconded the motion to approve the application of Paul Sheridan for a permit to place a water pipe across county road right-of-way from the SW ¼ of Sec. 30-7-4, Bennett Township to the SE ¼ of Sec. 24-7-5, Clay County,  (Clay County granted permission in June, 2004), and that said Paul Sheridan shall assume all liability for the construction, maintenance, and repair of said water line.  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.

 

GIS SITE AND PROGRAM

 

            Highway Superintendent Hessheimer reported that the State Highway Department, with the cooperation of the State Surveyor’s office, has set up a program, NECTAR, that will provide counties with base maps and other information necessary for a GIS program at county level.  There is no fee for the site and base map.  Data is password protected.  Fillmore, Thurston and Kearney Counties are the first counties to have their highway data in the system.  Coordinates for bridges, residence driveways, signs, section corners, and other road data will be sent in soon.

 

            A GIS workshop is scheduled for three or four three-day sessions in St. Joseph, Missouri in July and August.  This training would fit with the NECTAR program and those trained could train employees in data entry in the program.

 

OLD SIGN POSTS

 

            Gene Fischer asked the Board for permission to keep some old concrete culvert posts that were placed on state highways in the teens and twenties.  They were removed in later years because of some fatal accidents when cars hit the posts, and some were left in the ditches by the culverts. After discussion, the Board agreed to allow Mr. Fischer to keep the posts on loan, to be returned to the County upon demand.

 

AIR COMPRESSOR

 

            After discussion, Cerny moved and Mueller seconded the motion to purchase a new air compressor for the new shop building and keep the old one for the old shop. 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.

 

SUPPLEMENTAL AGREEMENT

 

            Simacek moved and Yates seconded the motion to approve the supplemental agreement with the Nebraska Department of Roads on project STPE-BRS-2755(5), Milligan North, located between Sec. 25 and 26-7-1, Liberty Township. 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.

 

OTHER ROAD ITEMS

 

            Quotes for painting the exterior of the old shop and attached wood building were discussed.  It was agreed that this could wait until next year.  Also postponed until October of 2004 was the suggestion that specifications for a new contract for consulting highway engineer be drawn up and requests for proposals issued.

           

            The Fillmore and Clay County Highway Superintendents are working on a complaint about slow drainage from a farmable wetland area.  The Soil Conservation Office is also involved and a solution may not be easy to reach.

 

            A complaint that people are driving down the old Burlington Railroad Right-0f-Way off A Street in Geneva and dumping trash was brought up. This is private property and the County has no jurisdiction.

 

            Drainage along the road ditch between Sec. 30 and 31 in Bennett was also brought up.  Some ditch cleaning may be needed.    

 

CITY CLAIM

 

            Deputy County Attorney Ach, City Administrator Higel, and Council members Bohn and Ortgies discussed the claim filed by the City (see first item “Claim From City”).  The County Attorney gave that office’s reasons for not notifying the City of receipt of the letter from the Attorney General concerning the investigation of the City Chief of Police.  Considerable discussion followed.

 

3 AED’S PURCHASED

 

            Eric Williams, member of the Public Health Solutions board, brought one of the three AED’s purchased with funds from a grant from Public Health Solutions.  The units are for use when someone has a heart attack and have been placed at locations where large groups of people assemble. 

 

HOSPITAL ADDITION REPORT

 

            Hospital Administrator Eichelberger reported on the fund drive for the surgery suite at the hospital.  Final cost estimate is $1,083,000 and Perennial Public Power has pledged about $250,000 to the project at no interest. 

 

CLOSED SESSION

 

            Galusha moved and Simacek seconded the motion to have the 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 with Eichelberger and the County Clerk.  Upon roll call, the vote was as follows:

 

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

Nays: None                              Absent: Capek

 

            The Chairman declared the motion carried and closed session began at 1.35 p.m.

 

RETURN TO OPEN SESSION

 

            Galusha moved and Mueller seconded the motion to return to open session at 1.47 p.m.  Upon roll call, the vote was as follows:

 

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

Nays: None                              Absent: Capek

 

            The Chairman declared the motion carried.

 

PHOTOS FOR ASSESSMENT RECORDS

 

            The Assessor advised the Board that she wished to hire someone on a temporary basis to take photos of houses in all towns in the county to be put on the assessment records and that unless the Board objected, she would proceed with the project.  Most of the photos now on the cards were taken when the last appraisal was completed and they are outdated.  Estimated time required was 8 to 10 weeks.  There was no objection from the Board.

 

PLANNING AND ZONING

 

            Planning and Zoning Administrator Slezak reported that Fillmore Western Railway is buying back right-of-way they had sold between Geneva and Fairmont.  The Attorney with the Planning and Zoning Administrator’s Association has advised him that the Fillmore County regulations will allow Fillmore Western to do this without having to go through the Administrative Subdivision process

 

APPROVE WORKSHOP ATTENDANCE

 

            Cerny moved and Yates seconded the motion to allow Gerald Slezak to attend a GIS and GPS workshop in St. Joseph, Missouri in July or August, 2004.  Upon roll call, the vote was as follows:

 

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

Nays: None                                          Absent: Capek

 

            The Chairman declared the motion carried.

 

FIRE DISTRICT TREASURER’S BOND

 

            Galusha moved and Mueller seconded the motion to approve the Bond for George Thompson as Treasurer of the Fairmont Rural Fire District for $2,000 from June 30, 2004 through June 30, 2005.  Upon roll call, the vote was as follows:

 

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

Nays: None                                          Absent: Capek

 

            The Chairman declared the motion carried.

 

CLAIM FOR SALARY - FAILED

 

            Yates moved and Galusha seconded the motion to pay the claim to the City of Geneva for Chief Skala’s wages from June 16 through July 1, 2004.  Upon roll call, the vote was as follows:

 

Ayes: None

Nays: Kimbrough, Mueller, Cerny, Simacek, Yates, and Galusha                                              Absent: Capek

 

            The Chairman declared the motion failed.

 

CLAIMS

 

The claims were presented for payment.  The following abbreviations describe the expenditures: Equ – 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.

 

ROAD FUND

 

 

All Roads Barricades Inc

Sup

$        94.56

Alltel

Uti

67.45

Ameritas Life Insur  Corp

Ret

1,689.83

Aquila

Uti

55.84

Auto Value Parts Stores

Sup

275.32

Blue Cross-Blue Shield

Insu

9,998.59

Business World Prod

Main

26.50

Casey’s General Stores

Fuel

45.01

Caspers Construction

Pt pmt

28,500.00

Century Lumber Center

Sup

102.78

City of Geneva

Uti

30.00

Dorchester Farmers Coop

Uti

3,330.73

Farm Plan

Sup

394.47

Filter Care of Nebr

Sup

69.35

Ft Dearborn Life Insur Co

Insu

120.65

Garbage Co

Ser

45.75

Geneva Carquest

Sup

204.13

Geneva Implement

Sup

100.33

Geneva St Bank

SS

1,890.54

Geneva Welding & Sup

Sup

162.97

Grafton Oil Co

Fuel

1,119.96

Grafton Mini Mart

Fuel

35.99

Elmer Hessheimer

Fuel

39.08

Holiday Inn Express

Wksh

130.00

Lichti Bros Oil Co

Fuel

551.13

Marlborough

Sup

40.00

Nebr-Iowa Indust Fasteners

Sup

40.68

Nebr Machinery

Sup

884.86

Nelson Petroleum

Fuel, sup

2,678.66

Nichols Construction

Gravel

22,471.90

Nick’s Farm Store

Sup

85.19

Overland Sand & Gravel

Gravel

13,683.81

Perennial Public Power

Uti, line relocation

3,650.22

Platte Valley Commun

 Equ

389.00

Powerplan

Sup

144.12

Ralph’s Geneva Tire

Ser

222.56

RD “Scooter” Franck Elect

Rep

570.25

Speece-Lewis Eng

Ser

716.00

Stan’s Recycle & Salvage

Sup

30.00

Superior-Deshler Inc

Fuel

70.94

Texaco/Shell

Fuel

86.50

Village of Fairmont

Uti

15.23

Transit Works

Rep

172.76

Village of Milligan

Uti

19.98

Village of Ohiowa

Uti

20.00

Weaver Pharmacy

Sup

22.74

Payroll

Salaries

25,914.33

 

 

 

GENERAL FUND

 

 

Howard F Ach, Atty

Rent, copies, misc

2,948.47

Alltel

Uti

187.53

Alltel

Cell

408.01

Ameritas Life Insur Corp

Ret

328.92

Aquila

Uti

54.32

Assurity Life Insur Co

Ser

168.00

Ian Barnett

Uni, Fuel, misc

85.75

Blue Cross-Blue Shield

Insu

13,476.32

Bottorf & Maser, Attys

Ser

942.01

William L Burgess

Uni, misc

63.19

Daryl L Callenius

Uni

35.00

Century Lumber Center

Sup

150.26

City of Geneva

Uti

249.10

Clay Co Sheriff

Ser, boarding prisoner

1,152.40

Continental Research

Sup

149.93

Jill R Cunningham

Mile

24.75

NE DAS Communications

Rent

350.00

Dodge Co Sheriff

Ser

11.00

Duckwalls-Alco Stores

Sup

105.40

Eagle Auto Supply

Sup

24.52

Eakes Office Plus

Sup, furn, equ

829.97

Earl’s Window Service

Ser

4.00

Election Systems & Software

Sup

1,295.00

Executive Copier Systems

Main

78.25

Fillmore Co Court

Costs

573.50

Fillmore Co Hosp

Ser

67.94

Fillmore Co Sheriff

Fees

676.38

Fillmore Co Treas

Post, main, reimbursement

2,925.46

Ft Dearborn Life Insur Co

Insu

190.57

Garbage Co

Ser

95.00

Geneva St Bank

SS

799.05

Geneva St Bank

Ser, sup

111.05

Geneva Welding & Sup Inc

Equ, sup

2,473.60

Jeremy Goeken

Uni, misc

61.48

Heinisch Law Off

Ser

1,766.70

Terry Hejny

Mile, uti

185.74

Hilty’s

Sup

212.91

Hometown Leasing

Lease

449.87

Jill’s Sweet Shop

Sup

31.93

Jim’s Repair

Ser

27.25

Jury fees

Jury

1,028.30

Ralph Kassik

Mile

90.72

Kerry’s Auto Rep

Ser

26.95

Richard Kleinschmidt

Mile

5.76

Lancaster Co Sheriff

Ser

53.00

William Leif

Mile

12.60

Harold D Long

Mile

6.84

Terry Marshall

Equ, sup

424.82

Medtronic Physio-Control

Equ

4,583.53

MIPS/County Solutions LLC

Main, ser

1,736.81

Richard Mueller/Tom Biegert

Rent

625.00

Naimon Enterprises

Ser

94.95

Nebr Signal

Ads, sup, pro

1,161.80

Nelson Petro Co

Fuel

349.38

Nick’s Farm Store

Rep

204.85

OMB Police Supply Inc

Sup

124.95

Susan Perkins

Ser

10.95

Phillips 66

Fuel

67.07

Phillips 66

Fuel

823.20

Ralph’s Geneva Tire

Ser

26.22

Region V Central Office

Ser

2,952.25

Steven G Roemmich

Uni

35.00

St. Louis Univ Dept of Pathol

Ser

125.00

Mary Saum

Wksh

84.12

Patty Scarborough

Mile

56.25

NE Sec of State

Sup

20.00

Seward Co Sheriff

Ser

31.53

Deb Silverman

Sup

22.00

Sheryl Smith

Ser

316.89

NE Dept of Corrections

Sup

20.00

NE Health & Human Serv

Ser

203.25

USDA, APHIA

Ser

1,513.00

Nancy G Waldron Atty

Ser

1,485.42

Webster Co Sheriff

Ser

32.42

York Co Sheriff

Ser

56.50

Payroll

Salaries

10,868.32

 

 

 

TOURISM-ECONOMIC DEVELOP

 

 

Exeter Q125

Grant

131.04

Liberty Flag & Spec Co

Sup

17.50

 

 

 

MEDICAL/RELIEF FUND

 

 

York General Hosp

Ser

834.50

 

 

 

SENIOR SERVICES FUND

 

 

Norma Babst

Mile

54.00

Blue Cross-Blue Shield

Insu

869.44

Dawg’s Smokehouse Café

HDM’s

78.80

Exeter Care Center

HDM’s

626.50

Ft. Dearborn Life Insur Co

Insu

11.30

Geneva Senior Center

Uti, sup, rent, misc

221.45

Susan Kerl

Ser

100.00

Nancy Kohler

Mile, misc

245.06

Elizabeth M Manning

Ser

159.60

Nebr Signal

Sup

200.00

Ron’s Tavern

HDM’s

396.00

Rhonda Stokebrand

Mile

68.76

 

 

 

COPS GRANT

 

 

Ft Dearborn Life Insur Co

Insu

11.30

 

 

 

HOSPITAL OPERATING

 

 

Fillmore Co Hosp

May & June tax coll

16,905.54

 

 

 

NOXIOUS WEED FUND

 

 

Alltel

Uti

39.51

Babe’s Car Care

Rep

29.98

Blue Cross-Blue Shield

Insu

434.72

Brothers Equip

Rep

217.02

Casey’s

Fuel

1,120.81

City of Geneva

Uti

31.70

Merlin Ehmen

Rent

210.00

Ekeler Repair

Rep

870.55

Ft Dearborn Life Insur Co

Insu

2.26

Geneva Implement

Sup

21.43

Geneva St Bank

SS

460.91

Geneva Welding Co

Ser

30.60

Grafton Mini Mart

Fuel

464.60

Mikes Radiator & Tire Rep

Ser

10.00

Ralph’s Geneva Tire

Tires & rep

129.79

Payroll

Salaries

6,025.09

 

CLAIMS APPROVED

 

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

 

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

Nays: None                              Abstaining due to conflict of interest: Yates        Absent: Capek

 

            The Chairman declared the motion carried.

 

ADJOURNMENT

 

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

 

________________________________                                             ________________________________

Attest                                                                                       Chairman

____________________________________________________________________________________