August 24, 2004

The Fillmore County Board of Supervisors convened in open and public session at 9.00 a.m., August 24, 2004, in the Courthouse Boardroom in Geneva, Nebraska with Chairman Kimbrough presiding. Members present were Yates, Simacek, Galusha, Cerny, Capek, and Mueller. 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 4.30 p.m.

CLAIMS

The claims were presented for payment. The following abbreviations describe the expenditures: Equ – equip-ment, 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
Alltel	Cellular	$ 330.06
Ameritas Life Insur	Ret	4.019.12
Aramark Uniform Ser	Ser	131.77
Drs Ashby & Ashby	Ser	70.00
Assurity Life Insur Co	Ser	162.00
Beyke Signs	Ser	152.50
Chaney Chemical Inc	Sup	358.05
Marilyn Christiancy	Ret	25.00
City of Geneva	Rent	440.00
Coats to Coast Computer Prod	Sup	178.60
Continental Research Corp	Sup	161.15
County Assessor’s Assoc	Wksh	140.00
Jill R Cunningham	Mile	82.50
Drummond American	Sup	38.40
Dugan Business Forms	Sup	247.04
Eakes Office Plus	Sup	50.99
Fillmore Co Hosp	Sup	34.50
Fillmore Co Treas	Transfers, wksh, post, training	7,080.00
Fillmore Co Treas	Witness fees	868.67
Garbage Co Inc	Ser	95.00
Geneva St Bank	SS	4,430.75
Geneva St Bank	Sup, ser	79.15
Geneva Super Foods	Sup	177.12
Great Plains Appraisal	Ser	3,000.00
Norma Gregory	Ret	25.00
Hilty’s	Sup	854.12
Hometown Leasing	Ser	374.00
JEO Consulting Group Inc	Ser	210.00
Jim’s Repair	Rep	157.11
Vicky Johnson, Dist Judge	Sup, post, misc	138.44
Jury Fees	Jury	151.56
Kalkwarf & Smith Law Offices	Ser, uti, post, misc	2,866.39
Lease Consultants Corp	Ser	249.00
LTR Inc	Ser	91.30
Ann H McDonald	Ret	18.00
Willard H Mussman	Ret	23.00
NE Law Enforce Training Cent	Training	160.00
NE National Bank	Ser	187.59
NPPD	Uti	1,846.52
NE Signal	Subs	24.50
NE Technology & Telecomm	Uti	1,180.25
Mary Novak	Sup	9.98
Platte Valley Commun	Rep	79.57
Postmaster	Post	38.00
Russ’s Pest Control	Ser	120.00
SE Dist Co Officials Assoc	Wksh	45.00
NE Dept of Admin Serv	Ser	41.77
Swanson Crop	Misc	66.78
UNL IS Telecommun	Uti	36.44
Nancy G Waldron, Atty	Ser	738.16
Daniel L Werner, Atty	Ser	153.75
York Co Sheriff	Boarding prisoners	55.00
York General Hosp	Ser	250.50
Payroll	Salaries	64,055.97
ROAD AND BRIDGE FUND
Ameritas Life Insur Corp	Ret	1,723.46
Casey’s General Stores Inc	Fuel	98.25
Contech Constr Prod	Culverts	14,657.04
Farmers Coop	Fuel	122.17
Garbage Co	Ser	45.75
Geneva St Bank	SS	1,931.78
Ralph Gould	Ret	18.00
Grafton Oil	Fuel	1,245.45
Industrial Safety Co	Sup	31.74
Donovan Jirkovsky	Ret	25.00
Kabredlo’s Inc	Fuel	39.19
Nebr Machinery Co	Sup	946.54
NPPD	Uti	162.28
NE Technology & Telecomm	Uti	104.93
Nelson Petrol	Fuel	634.87
North Central Air	Sup	1,425.00
Overland Sand & Gravel	Gravel	3,764.90
Perennial Pub Power	Uti	26.33
Presco Sales & Serv	Sup	2,498.11
Roit Repair	Rep	25.39
SE Dist Co Officials Assoc	Wksh	30.00
Speece Lewis Engineers	Ser	6,441.81
Subway	Sup	68.22
Superior Deshler Inc	Fuel	30.00
Tie Yard	Gravel	1,125.11
Payroll	Salaries	26,452.74
MEDICAL/RELIEF FUND
Farmer & Son Funeral Home	Ser	1,504.50
Raymond A Hansen MD	Ser	184.20
NE Dept of Health & Human Serv	Ser	209.00
Weaver Pharmacy	Sup	751.91
SENIOR SERVICES
Ameritas Life Insur Corp	Ret	144.39
Exeter Golden Agers	USDA	148.73
Dawg’s Smokehouse Café	HDM’s	154.45
Fairmont Aging Serv	USDA	417.93
Geneva Senior Center	USDA	1,518.58
Geneva St Bank	SS	303.95
HHS – Gov Conf on Aging	Wksh	120.00
Nancy Kohler	Sup	50.59
NE Assoc of Sr Centers	Wksh	135.00
Payroll	Salaries	4,014.90
COPS GRANT
Geneva St Bank	SS	135.91
Payroll	Salaries	1,776.66
HOSPITAL FUND
Fillmore Co Hospital	July taxes	1,239.22
NOXIOUS WEED FUND
Ameritas Life Insur Corp	Ret	154.20
Geneva St Bank	SS	160.98
Payroll	Salaries	2,284.40
E911 COMMUNICATIONS
Alltel	Ser	944.19

APPROVE CLAIMS

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, Kimbrough, Mueller, Cerny, and Simacek

Nays: None

The Chairman declared the motion carried.

MINUTES APPROVED

As there were no additions or corrections, the chairman declared the minutes of the August 10, 2004 meeting approved as presented.

DRIVEWAY PERMIT

Simacek moved and Mueller seconded the motion to approve the application of Eugene Dondlinger for a permit to install a driveway on the east side of the N ½ NE ¼ of Sec. 29-5-4, Bryant Township, about 20 feet north of the quarter mile line. 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.

PERMIT TO BURY CABLE IN COUNTY RIGHT-OF-WAY

Capek moved and Yates seconded the motion to approve the application of Alltel Communications for a permit to bury communications cable in North Railroad Street in Ohiowa and the County Road right-of-way extending east from North Railroad Street to Road 21, approximately 870 feet, and that said Alltel Communications shall assume all liability for the construction, maintenance, and repair of said buried communications line. 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.

TO INSTALL STOP SIGNS

The County Highway Superintendent presented traffic studies for two locations where stop signs had been requested. The locations are at the intersection of Roads E and 23, and at Roads S and 7. It was recommended that a stop sign be placed on Road 23 to stop southbound traffic; and that signs be placed on Road S to stop north and southbound traffic.

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

RESOLUTION NO. 2004-18

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 location:

TYPE OF DEVICE LOCATION

STOP sign at the intersection of County Roads E and 23, sign to be placed on Road 23 to stop south-bound traffic

NOW THEREFORE Be It Resolved by the Fillmore County Board of Supervisors that this resolution is approved the 24th day of August 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 INSTALL STOP SIGNS

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

RESOLUTION NO. 2004-19

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 signs at the intersection of County Roads S and 7, signs to be placed on Road S to stop north and southbound traffic

NOW THEREFORE Be It Resolved by the Fillmore County Board of Supervisors that this resolution is approved the 24th day of August 2004.

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.

HAULING DIRT FOR ROAD AT FAIRGROUNDS

After discussion, Galusha moved and Simacek seconded the motion to authorize the Highway Department to help with hauling dirt for the new road at the Fairgrounds. 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.

COUNTY ATTORNEY TO SEND LETTER TO LANDOWNER

After discussion, Yates moved and Mueller seconded the motion to request the County Attorney to send a letter to the Trustee of the NW ¼ and part of the N ½ SW ¼ of Sec. 13-5-4, Bryant Township, requesting that the natural drainage through this property be cleaned out as provided by statute. 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.

AUTHORIZING CHAIRMAN TO SIGN AGREEMENTS

After discussion, Cerny moved and Capek seconded the motion to authorize the Chairman to sign the necessary documents for the transfer of land from the Nebraska Department of Roads to the County for a windmill and sign at the south entrance to Strang.

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.

ADMINISTRATIVE SUBDIVISION

The Planning and Zoning Administrator submitted an application for Administrative Subdivision of a tract of land in the SW ¼ of Sec. 11-8-1, Exeter Township, totaling 4.58 acres.

The subdivision met all the requirements for an Administrative Subdivision. Mrs. Coates and the purchasers of the property, Mr. and Mrs. Garrison, were present for the discussion.

APPROVE ADMINISTRATIVE SUBDIVISION

Mueller moved and Galusha seconded the motion to approve the application for the Garrison Subdivision of part of the SW ¼ of Sec. 11-8-1, Exeter Township, as follows:

A tract of land located in the SW ¼ of Section 11, T8N, R1W, of the 6^th P.M., Fillmore County, Nebraska, described as follows:

Commencing at the NW corner of said SW ¼; thence S00^o00’00”W (assumed bearing) on the west line of said SW ¼, 922 feet to the point of beginning; thence N89^o21’05”E, 450.00 feet; thence S29^o03’58”E, 213.85 feet, thence S04^o02’02”W, 230.00 feet; thence N82^o45’55”W, 542.00 feet to the west line of said SW ¼; thence N00^o00’00”E on said west line, 343.00 feet to the point of beginning containing 4.58 acres more or less.

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.

FLOOD PLAIN MAPS APPROVED

Planning and Zoning Administrator Slezak submitted the latest flood plain maps to the Board for approval. Maps for the entire county were included in the set. On May 13, 2002, the County Board adopted Resolution No. 2002-23, the Flood Plain Management Resolution, and No. 2002-44, the “Nebraska Ordinance/Resolution for Emergency Program and Regular Program Direct Conversion 60.3(b)” in order to meet the requirements of statute.

After discussion, Yates moved and Simacek seconded the motion to approve the updated flood plain maps for Fillmore County, effective September 16, 2004, as provided by

Resolution No. 2002-23, the Flood Plain Management Resolution, and No. 2002-24, the “Nebraska Ordinance/Resolution for Emergency Program and Regular Program Direct Conversion 60.3(b)”. 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.

COMMUNICATIONS COORDINATION AGREEMENT

After discussion, Mueller moved and Capek seconded the motion authorizing Emergency Management Coordinator, Terry Marshall, to sign the Coordination Agreement with the Nebraska Department of Administrative Services, Division of Communications. 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.

PURCHASE E-911 RECORDING EQUIPMENT

Galusha moved and Simacek seconded the motion to approve the purchase of a new recording system for the #911 phone system from Platte Valley Communications of York (see August 10^th minutes for prices). 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.

REPORTS

The June report for Fillmore County Transit Service was reviewed and ordered placed on file. The minutes and financial reports for Family Health Services was reviewed and ordered placed on file in the Clerk’s office. The following is a synopsis of the July minutes:

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The Family Health Services Governing Board met July 15, 2004 at 4.00 p.m. in the CAMED room. Chairman Kotas called the meeting to order. Present were Kotas, Nelson, Johnson, Marget and Eichelberger. Kudlacek arrived at 4.50 p.m. Lulf was also present.

The minutes of the June meeting were approved as presented.

It was moved and seconded to approve the renovation plans as presented. Carried 4-1, Kudlacek excused.

Specialty clinic use for June was 325 compared to 277 for June 2003. Year to date totals for 2004 are 1805 and 1796 for 2003.

The June data report, financial report and check register were presented. Cash flow remains positive. It was moved and seconded to accept the reports as presented. Carried 4-0.

It was moved and seconded to approve Dr. David Gilbert, Nephrologist for consulting medical staff privileges, pending approval by the Medical Staff. Carried 5-0.

Various aspects of the hospital/clinic services were discussed and questions answered by Eichelberger and Lulf.

The meeting adjourned until August 19, 2004 at 4 p.m. in the CAMED room.

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CONTRACT FOR EPC SERVICES

Galusha moved and Cerny seconded the motion to approve the contract with the Region V Systems for Emergency Protective Custody services for the period from July 1, 2004 through June 30, 2005 at the current rate. 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.

AGREEMENT FOR TRANSPORTATION FUNDS

Cerny moved and Yates seconded the motion to approve the Letter of Agreement between the Nebraska Department of Roads and Fillmore County for funding of the county transit service for 2004-05. 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.

GIS INFORMATION

Marcus Tooze of GIS Workshop and Larry Dix, NACO Executive Director, met with the Board for an update on GIS. The software from GIS Workshop is compatible with software the used by the Highway Department, E-911, and the Assessor’s office.

VETERANS MEMORIAL PLAQUE

Lambert Hopken brought in the Veteran’s Memorial Plaque listing the names of Fillmore County members of the armed forces who lost their lives during wars of the 20^th century. Plans are to hang it on the first floor of the courthouse.

TURKEY CREEK DAM

Lower Big Blue NRD Executive Director Dave Claybaugh, technician Scott Sobotka and Eric Dove of Olsson Associates gave the Board information about several proposed dams in the Turkey Creek watershed in eastern Fillmore and Western Saline Counties. One dam, located in Sec. 23-7-1, Liberty Township, is proposed in Fillmore County.

EMERGENCY DECLARED TO ADD ITEM TO AGENDA

Cerny moved and Mueller seconded the motion to declared an emergency exists and to add the following item to the agenda:

Increase 911 surcharge rate

Upon roll call, the vote was as follows:

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

Nays: Capek

The Chairman declared the motion carried.

TO INCREASE THE 911 SURCHARGE RATE

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

RESOLUTION NO. 2004-20

WHEREAS, the Fillmore County Board of Supervisors adopted a resolution on September 10, 1991, establishing 911 emergency telephone service for all telephone exchanges in Fillmore County and setting the surcharge at .50 cents per month, and

WHEREAS, the Fillmore County Board of Supervisors increased that rate from 50 cents per line to 75 cents per line, effective January 1, 1999, and

WHEREAS, Fillmore County is upgrading service and needs funds to upgrade the system now in place,

NOW THEREFORE, be it resolved that the 911 surcharge shall be increased from 75 cents per line to $1.00 per line, effective January 1, 2005.

Upon roll call, the vote was as follows:

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

Nays: Kimbrough and Capek.

The Chairman declared the motion carried.

SET LIMITS FOR MISCELLANEOUS LEVIES

Cerny moved and Galusha seconded the motion to set the allowable maximum levies for miscellaneous subdivisions included in the county levy limit, as follows:

Agricultural Society .008912 Historical Society .000915

Fire Districts .031588 Townships .034047

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.

INVENTORIES

The inventories of the various county offices and departments were reviewed and signed by the Board.

ADJOURNMENT

As there was no other business to come before the Board, the Chairman declared the meeting adjourned until 9.00 a.m. on September 14, 2004.

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Attest Chairman

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