September 14, 2004

 

The Fillmore County Board of Supervisors convened in open and public session at  9.00 a.m., September 14, 2004, in the Courthouse Boardroom in Geneva, Nebraska with Chairman Kimbrough presiding.  Members present were Yates, Simacek, Galusha, Cerny, Capek, and Mueller. Mueller left at

3.00 p.m. 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 3.06 p.m.

 

MINUTES

 

            The minutes of the August 24th regular meeting and the September 7th, 2004 special meeting were approved as presented.

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

 

 

Howard F Ach, Atty

Rent, sup, misc

$   3,099.17

Adams Co Sheriff

Ser

63.50

Alltel

Uti

424.22

Ameritas Life Insur

Ret

483.25

Andrews Electric Co Inc

Ser

64.00

Aquila

Uti

52.25

Aramark Uniform Serv Inc

Ser

139.44

Drs Ashby & Ashby

Ser

70.00

Auto Value Parts Stores

Sup

9.59

Ian Barnett

Uni, car wash

135.00

Black Hills Ammunition

Sup

189.00

Blue Cross-Blue Shield

Insu

13,476.32

Blue Valley Comm Action

Handi-bus alloc

5,000.00

Bottorf & Maser, Atty’s

Ser

227.50

Bubba D’s Tees

Sup

43.75

Mary Burgess

Matron

25.00

William L Burgess

Uni, car wash, misc

172.24

Daryl L Callenius

Uni, car wash, misc

161.52

Century Lumber Center

Sup

63.29

City of Geneva

Uti

543.10

Clay County

Reim

65.25

Clerk of Supreme Court

Ser

3.00

Contryman Assoc

Ser

8,000.00

Nancy Cradduck

Wksh

54.00

Jill R Cunningham

Wksh

56.25

DAS Communications

Rent

356.66

Duckwalls-Alco

Sup

109.72

Eakes

Sup

446.79

Earl’s  Window Serv

Ser

4.00

Election Systems & Serv

Sup

634.76

Executive Copier Systems

Ser

82.61

Fillmore Co Clerk of Dist Ct

Advance for court costs

 1,000.00

Fillmore Co Court

Court costs

241.40

Fillmore Co Develop Corp

Partial budget allocation, misc

12,700.00

Fillmore Co Sheriff

Costs

627.48

Fillmore Co Treas

Reimb

1,092.92

Ft Dearborn Life Insur

Insu

178.92

Franklin Co Treas

Sup

5.61

Gambles

Sup

110.15

Garbage Co Inc

Ser

95.00

Geneva St Bk

SS

937.83

Geneva Welding & Sup Inc

Sup

15.95

Jeremy Goeken

Uni, sup, car wash

260.64

Dean N Hansen, Atty

Ser

1,168.50

Heinisch Law Office

Ser

2,737.63

Terry Hejny

Mile, misc

365.56

Hilty’s

Sup

1,428.53

Holiday Inn Express

Wksh

55.00

Hometown Leasing

Ser

211.25

Kerry’s Auto Repair & Serv

Rep

726.30

Deborah L Kopf

Ser

33.00

Stephen J Kraviec, Atty

Ser, post

1,579.73

Lease Consultants Corp

Ser

249.00

Patty  A Lentfer

Mile

83.25

Terry Marshall

Ser

26.32

Maximus Inc

Ser

973.48

MIPS/County Solutions LLC

Ser

1,736.81

Richard Mueller/Tom Biegert

Rent

625.00

NE Law Enforcement Training Cent

Sup

15.00

Nebr Signal

Sup, ads, proc

827.48

Nelson Petrol Co

Fuel

336.27

OMB Police Supply

Sup

13.05

O’Keefe Elevator Co Inc

Ser

159.01

Opticom

Ser

21.79

PC Nuts

Sup

34.10

Phillips 66

Fuel

1,184.95

Platte Valley Commun

Rep

25.00

Ralph’s Geneva Tire

Tires, rep

362.51

Redfield & Co Inc

Sup

117.73

Steven G Roemmich

Uni, car wash

135.00

NE Sec of State

Sup

20.00

Gerald Slezak

Mile

15.84

Southeast NE Develop Dist

Budget alloc

6,639.00

NE Dept of MV

Sup

4.00

Thayer Co Treas

Law library

1,345.50

Carol Vejraska

Mile

17.28

Carroll Verhage MD

Ser

154.00

Gina Swartzendruber

Pt time

1,091.00

Gerald Slezak

Pt time

824.38

Hannele Plettner

Pt time

891.75

Robert Ackland

Pt time

91.88

Sharon Chapman

Pt time

1,054.00

Richard Dolph

Pt time

418.50

Lois Bernasek

Dispatching

556.64

Nancy Hansen

Dispatching

1,420.74

Howard Mills

Dispatching

1,676.75

Olivia Shellhase

Dispatching

1,572.80

Lisa Carroll

Dispatching

463.22

Sandy Bolejack

Jailer

1,737.46

Virgil Verhage

Pt time

226.88

Joseph N Bixby

Mental health board

60.00

May L Saum

Mental health board

55.00

Carroll Verhage, MD

Mental health board

60.00

Ian Barnett

Pt time

202.00

Jeremy Goeken

Pt time

280.00

 

 

 

ROAD/BRIDGE FUND

 

 

All Roads Barricades

Sup

58.28

Alltel

Uti

71.39

Ameritas Life Insur Corp

Ret

1,723.46

Andrews Electric

Sup

22.00

Aquila

Uti

108.10

Aurora Coop Elevator Co

Sup

112.00

Auto Value Parts Stores

Sup

269.11

Blue Cross-Blue Shield

Insu

9,998.59

Business World Prod Inc

Ser

26.50

Century Lumber Co

Sup

2,186.15

City of Geneva

Uti

50.70

DAC Serv

Ser

89.70

Direct Safety Co

Sup

55.83

Farmers Coop Co

Fuel

11,235.51

Eagle Auto Supply

Sup

9.15

Eakes

Furn

104.95

Farm Plan

Sup

120.11

Fillmore Co Hospital

Ser

45.00

Filter Care of Nebr

Sup

41.55

Ft Dearborn Life Insur Co

Insu

120.65

Gambles

Sup

386.27

Garbage Co

Ser

45.75

Geneva Carquest

Sup

172.66

Geneva Implement

Sup

89.77

Geneva St Bk

SS

1,915.72

Geneva Welding & Supply

Sup

1,903.78

Grafton Oil

Fuel

598.92

Hilty’s

Sup

22.06

Lichti Bros Oil Co

Fuel

2,077.62

Nebr-Iowa Indust Fasteners

Sup

82.78

Nebr Machinery

Sup

1,596.72

Nebr Signal

Ads

18.00

Nebr Tech & Telecomm

Uti

121.05

Nelson Petro Co

Fuel, sup

4,273.42

Nichols Construction

Gravel

63,332.31

Nick’s Farm  Store

Rep

62.10

Northern Tool & Equipment

Sup

227.24

Overland Sand & Gravel

Gravel

10,244.18

Perennial Public Power

Uti

17.35

Phillips 66 Co

Fuel

433.11

Platte Valley Commun

Rep

42.88

Plymouth Electric Inc

Ser

406.51

Power Plan

Sup

327.77

Presco Sales & Serv Inc

Sup

909.00

Ralph’s Geneva Tire

Tires, rep

2,410.38

Speece Lewis Eng

Ser

716.00

Superior Deshler Inc

Fuel

37.03

Texaco/Shell

Fuel

69.49

Universal Lubricants

Oil, grease

2,415.00

Van Kirk Bros Contracting

Box culv

77,906.19

Village of Fairmont

Uti

32.58

Wick’s Sterling Trucks

Sup

13.89

Payroll

Salaries

26,242.74

 

 

 

JUVENILE DIVERSION PROGRAM

 

 

Blue Valley Mental Health

Ser

6,079.00

 

 

 

TOURISM/ECONOMIC DEVELOPMENT

 

 

Century Lumber Co

Sup

14.47

 

 

 

MEDICAL/RELIEF FUND

 

 

York General Hospital

Ser

17.40

 

 

 

INSTITUTIONS FUND

 

 

Nebr Health & Human Services

July patient care

795.00

 

 

 

SENIOR SERVICES FUND

 

 

Blue Cross-Blue Shield

Insu

869.44

Dawg’s Smokehouse Café

HDM’s

91.10

Exeter Care Center

HDM’s

441.00

Ft. Dearborn Life Insur Co

Insu

11.30

Geneva Senior Center

Sup, rent, uti, misc

177.90

Nancy Kohler

Mile

195.48

Elizabeth M Manning

Ser

133.00

Ron’s Tavern

HDM’s

228.00

Rhonda Stokebrand

Mile

34.74

 

 

 

COPS GRANT

 

 

Blue Cross-Blue Shield

Insu

434.72

Ft. Dearborn Life Insur

Insu

5.65

 

 

 

HOSPITAL OPERATING FUND

 

 

Fillmore  Co Hospital

August taxes

24,653.17

 

 

 

NOXIOUS WEED FUND

 

 

Alltel

Uti

39.53

Blue Cross-Blue Shield

Insu

434.72

Central Community College

Wksh

80.00

Casey’s

Fuel

68.27

City of Geneva

Uti

7.10

Merlin Ehmen

Rent

210.00

Ft Dearborn Life Insur

Insu

2.26

Grafton Mini Mart

Fuel

105.58

Nebr Signal

Ads

84.00

 

 

 

911 EMERGENCY COMMUNICATIONS

 

 

Alltel

Uti

944.90

 

CLAIMS

 

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

 

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

Nays: None                                          Abstaining due to conflict of interest: Yates

 

            The Chairman declared the motion carried. 

 

DRIVEWAYS

 

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

           

            Bob Betka – to extend the drive at Bob’s residence to approximately 32 feet, located on the east side of the NE ¼ of Sec. 4-8-1, Exeter Township,

            Stuckey Farms – to install a driveway at the half-mile line in the SE ¼ NE ¼ of Sec. 19-8-3, West Blue Township, and

            Charles Dondlinger – to install a new drive at the corner of the SW ¼ of Sec. 23-6-4, Momence Township, either on the south side or the west side of the quarter.  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. 

 

STOP SIGN

 

            The Highway Superintendent submitted an engineering study on the intersection of Roads R and 4 recommending that a Stop sign be placed there.

 

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

 

RESOLUTION NO. 2004-21

 

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 R and 4, sign to be placed on Road 4 to stop north-bound traffic

 

            NOW THEREFORE Be It Resolved by the Fillmore County Board of Supervisors that this resolution is approved the 14th day of September 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. 

 

CERTIFICATE OF COMPLIANCE

 

            The Chairman signed the Certification of Compliance on project C003004625 as required by law.

 

REQUESTS FOR PROPOSALS FOR ENGINEERING SERVICES

 

            Simacek moved and Capek seconded the motion to authorize the Highway Superintendent to proceed to advertise for Requests for Proposals for consulting engineering services for 2005 on an hourly basis. Upon roll call, the vote was as follows:

 

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

Nays: None                                          Abstaining due to conflict of interest: Cerny

 

            The Chairman declared the motion carried. 

 

SURPLUS ITEM

 

            Yates moved and Galusha seconded the motion to declare a 1983 International 5-yard dump truck surplus property in order to allow it to be sold.  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. 

 

ROAD INFORMATION

 

            Consulting Engineer Lewis reported on the progress of several box culvert projects.  The projects at Sec. 9 & 10, Fairmont Township and Sec. 15 & 22, Belle Prairie will be ready to go this summer. 

 

            A public meeting on the project between Sec. 1 & 2, Grafton Township will be held November 9th.

 

            The channel change for the project between Sec. 1 and 12, Stanton Township was discussed.  It was agreed that the best way to go is to set the box culvert straight and a little east of the present bridge.

 

            The drainage problem in Sec. 7 and 8, Franklin Township, will be taken care of by the landowner.

 

PERSONNEL HANDBOOK REVISIONS

 

            The handbook revisions discussed at the September 7th meeting were reviewed.  Changes proposed at that time were presented.  The proposed time clock provision was removed, and two wording changes were made in the Drug Free Workplace section. Two policies on employment background checking were discussed and the shorter policy was included.  The handbook and proposed amendments will be sent to the County Attorney for review and suggestions.

 

ADDITIONAL SECURITIES PLEDGED

 

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

 

RESOLUTION NO. 2004-23

 

            RESOLVED, that the Geneva State Bank of Geneva, Nebraska, be allowed to add the following security issued by the Federal Home Loan Bank of Topeka, Kansas, to-wit:

 

            Letter of Credit No. 5488, effective September 2, 2004 in the amount of $3,500,000.00 and running through September 30, 2004.

 

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

Nays: None

 

            The Chairman declared the resolution adopted. 

 

REPORTS

 

            The July report from the Fillmore County Rural Transit Service was reviewed and ordered placed on file in the Clerk’s office.

 

            Capek moved and Yates seconded the motion to approve the following fee reports for August:

 

            County Clerk  -            $7,964.50        Clerk of District Court   -  $105.00            Sheriff  -  $1,101.82

 

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. 

 

FIRE DISTRICT TREASURER’S BOND APPROVED

 

            Yates moved and Galusha seconded the motion to approve the bond for Robert Ackland as Treasurer of the Geneva Rural Fire District, in the amount of $5,000 from September 17, 2004 to September 17, 2005.  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. 

 

ALLTEL CONTRACT – 911

 

Terry Marshall discussed the contract with Alltel, Nebraska, Inc., for Phase I Enhanced 911 services with the Board.  The County Attorney has reviewed the contract and noted one item for the Board’s information.

 

            Yates moves and Mueller seconded the motion to approve the contract with Alltel, Nebraska, Inc., for Phase I Enhanced 911 Services effective as of September 14, 2004. 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. 

 

RAP AGREEMENT

 

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

 

RAP RESOLUTION NO. 24

 

WHEREAS, law enforcement agencies with the following counties:

 

             Butler, Clay, Fillmore, Hamilton, Jefferson, Merrick, Nuckolls, Saunders, Seward, Thayer, Webster, and York desire to enter into a cooperative law enforcement effort; and

 

            WHEREAS, the above agencies have submitted a grant application known as the RURAL APPREHENSION PROGRAM (hereafter called R.A.P.); and

 

            WHEREAS, the R.A.P. project has been funded by the Nebraska Crime Commission; and

 

            WHEREAS, the various counties, agencies and communities within those jurisdictions desire to make the most efficient use of the power by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner pursuant to forms of governmental organization  that will accord best with geographic, economic, population, and other factors; and

 

            WHEREAS, an interlocal agreement, consistent with Nebraska Revised Statutes 13-801 et seq., would be in the best interest of all participating agencies; and

 

            WHEREAS, the agencies desire to enter into a written interlocal agreement for the purposes of carrying out the R.A.P. objectives and grant requirement of the Nebraska Crime Commission.

 

            BE IT RESOLVED THAT:

 

The Fillmore County Board of Supervisors authorizes Sheriff William L. Burgess to enter the County of Fillmore into an interlocal agreement for joint and cooperative action pursuant to the provisions of Section 13-801 through 13-807 of Nebraska Revised Statutes.  The interlocal agreement shall be for the strict administration of the R.A.P. project and all funds allocated by the Nebraska Crime Commission, and Match dollars allocated by the R.A.P. members.  Further, this interlocal agreement shall not establish a separate legal entity, rather as a joint and cooperative undertaking between public agencies i.e. state, county, city or village.  (Nebraska Revised Statute 13-801)

 

            The amount of match dollars allocated by Fillmore County for the 2004-2005 (R.A.P.12) grant period will be $3,551.50. (Population x $0.50)

 

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 and County Treasurer, Yates moved and Simacek seconded the motion to go into session as the Fillmore County Board of Equalization at 1.39 p.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. 

 

 

MOTOR VEHICLE FEE EXEMPTION

 

            Galusha moved and Mueller seconded the motion to approve the application of the Geneva Cemetery Association for exemption from Motor Vehicle taxes on a 1967 Ford truck.  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. 

 

PROPOSED SETTLEMENT OF TERC CASES APPROVED

 

            The Assessor advised the Board that the proposals for settlement of the cases appealed to the TERC board in 2003 by Blue Valley Community Action and Prairie Crown Woods, LLC were accepted for both 2003 and 2004.  The attorney for the appelants will file the necessary papers.

 

TAX CORRECTIONS

 

            Mueller moved and Cerny seconded the motion to approve tax corrections No. 23-03 and 24-03as presented by the Assessor.  Upon roll call, the vote was as follows:

 

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

Nays: Cerny

 

            The Chairman declared the motion carried. 

 

 

BUDGET HEARING

 

            The budget hearing scheduled for 1.30 p.m. opened at 1.49 p.m. and was held open until 2.40 p.m. No members of the public attended the hearing.

 

REDUCE ALLOCATION TO THE FILLMORE COUNTY DEVELOPMENT CORPORATION

 

            Simacek moved and Capek seconded the motion to reduce the budgeted amount for the Fillmore County Development Corporation to $35,000 for the 2004-05 budget year.  Upon roll call, the vote was as follows:

 

Ayes: Galusha, Mueller, Simacek, and Capek

Nays: Kimbrough, Cerny, and Yates

 

            The Chairman declared the motion carried. 

 

OTHER BUDGET CHANGES

 

            A proposal by the Clerk of District Court to reduce several areas in the Clerk of District Court and District Judge’s budgets and restore the amount cut from part time help was discussed.  It was decided to leave these two budgets as advertised.  The County Attorney’s budget was reduced by $2,828.

 

BUDGET ADOPTED

 

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

 

RESOLUTION NO. 2004-25

 

WHEREAS, a proposed County Budget for the Fiscal Year July 1, 2004 to June 30, 2005, prepared by the Budget Making Authority, was transmitted to the County Board on the 1st day of August, 2004, and hearing on said budget was held on September 14, 2004 and the budget was adopted with revisions as approved at the budget hearing and at the regular meeting on September 14, 2004,

 

            NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Fillmore County, Nebraska as follows:

 

            Section 1. That the amended budget for the Fiscal Year July 1, 2004 to June 30, 2005, as evidenced by the Budget Document be, and the same hereby is, adopted as the budget for Fillmore County for said fiscal year.

 

            Section 2. That the offices, departments, activities and institutions herein named are hereby authorized to expend the amounts herein appropriated to them during the fiscal year beginning July 1, 2004 and ending June 30, 2005.

 

            Section 3.  That the income necessary to finance the appropriations made and expenditures authorized shall be provided out of the unencumbered cash balance in each fund, revenues other than taxation to be collection during the fiscal year in each fund, and tax levy requirements for each fund.

 

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. 

 

ADDITIONAL BUDGET AUTHORITY

 

            It was moved by Mueller and seconded by Capek to authorize the Board to use up to 1% additional budget authority as allowed by statute. 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

 

SPECIAL HEARING TO SET FINAL TAX REQUEST

 

            The special hearing on setting the final tax request at a different amount than the prior tax request opened at 2.45 p.m. and was held open until 2.58 p.m.  No one appeared to testify at the hearing.

 

RETURN TO REGULAR SESSION

           

            Mueller moved and Simacek seconded the motion to adjourn the Fillmore County Board of Equalization and return to regular session of the Fillmore County Board at 2.58 p.m. 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

 

AMENDMENT TO DEFERRED COMPENSATION AGREEMENT

 

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

 

RESOLUTION NO. 2004-26