September 28, 2004

 

The Fillmore County Board of Supervisors convened in open and public session at 9.30 a.m.,

September 28, 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.  Capek left at the lunch break.  Prior to the opening of the meeting the Board saw a presentation from Alltel concerning the equipment for the next phase of E-911 services that will enable dispatchers to locate calls coming in on cellular phones.

 

            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 2.54 p.m.

 

DRIVEWAY PERMITS

 

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

           

LaVern Vejraska – to add a driveway on the north side of the NE ¼ of Sec. 34-6-1, Glengary Township, approximately 800 feet west of the corner, and

Kathleen Swartz Trust – to add a driveway on the west side of the NW ¼ NW ¼ of Sec. 36-6-4, Momence Township, just south of the Doug Straight farmstead.

 

Carried 7-0.  Upon roll call, the vote was as follows:

 

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

 

PERMIT TO OCCUPY COUNTY RIGHT-OF-WAY

 

            Simacek moved and Yates seconded the motion to approve the following application for a permit to occupy county right-of-way:

 

Nebraska Game & Parks Commission – to reshoulder the road adjacent to the E ½ SE ¼ of Sec. 21-5-3, and add a new culvert on the diagonal between the SE ¼ of Sec. 21-5-3 and the NW ¼ of Sec. 27-5-3, all in Hamilton Township, in order to allow water to drain into the Game and Parks waterfowl area in Section 21.

 

Carried 7-0. 

 

MINUTES APPROVED

 

            As there were no additions or corrections to the minutes of the September 14, 2004 meeting, the Chairman declared them approved as presented.

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.

 

GENERAL FUND

 

 

Alltel

Uti

  $    225.30

Alltel

Cell serv

322.39

Ameritas Life Insur Corp

Ret

3,874.14

Applies Concepts, Inc.

Equ

2,050.00

Assurity Life Insur Co

Ser

162.00

Auto Value Parts Stores

Sup

5.08

John Becker

Mile, mtgs

21.86

Larry Biester

Mile, mtgs

48.30

CISDA

Budget alloc

750.00

Marilyn Christiancy

Ret

25.00

City of Geneva

Rent

440.00

David City Police Dept

RAP dues

3,551.50

Des Moines Stamp Mfg Co

Sup

29.80

Drummond American Corp

Sup

133.91

Robert Dumpert

Mile, mtgs

69.90

Eakes Office Plus

Sup

27.20

Earl’s Window Serv

Ser

4.00

Sharon Elznic

Mile, mtgs

54.78

Evercom

Sup

210.00

Fillmore Co Treas

Trans, misc, transfers

328,385.11

Galls Inc

Sup

75.96

Gage Co Clerk

Probation office alloc

2,633.61

Gambles

Sup

56.92

Geneva St Bank

SS

4,024.89

Geneva St Bank

Sup, ser

90.33

Geneva Super Foods

Sup

12.82

Great Plains Appraisal

Ser

3,600.00

Norma Gregory

Ret

25.00

Hometown Leasing

Ser

135.38

Jim’s  Repair

Ser

27.25

Ray Johnson

Mile, mtgs

56.94

Kalkwarf & Smith Law Offices

Ser, misc

2,630.70

Ralph Kassik

Mtgs, mile

53.08

Kerry’s Auto Repair & Serv

Ser

27.20

Richard Kleinschmidt

Mile

5.76

William Leif

Mile

12.61

Harold D Long

Mile

6.84

Lorman Education Serv

Wksh

289.00

Ann H McDonald

 Ret

18.00

Mid-American Research Chem

Sup

767.14

Morley Most

Mile, mtgs

69.90

Willard H Mussman

Ret

23.00

Nebr Criminal Defense Atty’s Assoc

Wksh

175.00

Nebr Nat’l Bank

Ser

187.59

NPPD

Uti

1,730.14

Nebr Tech & Telecommun Inc

Uti

1,162.47

Nick’s Farm Store

Rep

153.00

Merle Noel

Mile, mtgs

36.52

Reg Noel

Mile, mtgs

67.74

Region V Systems

Ser

660.00

Nebr DAS

Ser

41.22

Nebr Dept of Motor Veh

Ser

4.00

Barbara Stephenson

Mile

45.00

Thayer Co Extension

Reim

142.41

Thayer Co Sheriff

Ser

33.63

USDA, APHIS

Ser

1,513.99

UNL, IS-Telecommun

Ser

29.26

Carroll L Verhage, MD

Ser

520.00

Ken Vodicka

Ser

20.00

West-Lite Corp

Sup

232.76

Election Board

Geneva Spec Elect

379.15

Payroll

Salaries

58,751.20

 

 

 

ROAD/BRIDGE FUND

 

 

Ameritas Life Insur Corp

Ret

1,723.46

B’s Enterprises

Sup

840.00

Callaway Sons & Daughters S & G

Gravel

2,253.53

Farmers Coop Co

Fuel

2,021.90

Farm Plan

Sup

269.34

Geneva Engineering

Grading projects

38,700.00

Geneva St Bank

SS

1,906.68

Ralph Gould

Ret

18.00

Grafton Mini Mart

Fuel

54.02

Grafton Oil Co

Fuel

1,145.70

Grainger

Sup

348.60

Elmer Hessheimer

Sup

31.60

Donovan Jirkovsky

Ret

25.00

Lichti Bros Oil

Fuel

544.84

NPPD

Uti

180.28

Orscheln

Sup

174.99

Overland Sand & Gravel

Gravel

5,303.32

Perennial Public Power

Uti

28.49

R D “Scooter” Franck Elect

Ser

4,227.00

South Dakota LTAP

Wksh

60.00

Payroll

Salaries

26,124.74

 

 

 

JUVENILE SERVICES FUND

 

 

Blue Valley Mental Health

Ser

2,726.05

 

 

 

TOURISM/ECONOMIC DEVEL FUND

 

 

Fillmore Co Development Corp

Mile, sup, post, misc

410.69

Geneva Chamber of Commerce

Reim

19.50

 

 

 

 

 

 

MEDICAL/RELIEF FUND

 

 

Neurology Assoc PC

Ser

132.24

Pulmonary Specialties

Ser

34.83

Quest Diagnostic

Ser

58.57

Weaver Pharmacy

Ser

511.46

 

 

 

INSTITUTIONS FUND

 

 

Nebr Health & Humans Services

Aug patient care

471.00

 

 

 

SENIOR SERVICES FUND

 

 

Ameritas Life Insur Corp

Ret

264.31

Fillmore Co Treasurer

Post

148.00

Geneva St Bank

SS

303.95

Payroll

Salaries

4,014.90

 

 

 

COPS GRANT

 

 

Geneva St Bank

SS

135.91

Payroll

Salaries

1,776.66

 

 

 

FED EMERG MANAGEMENT GRANTS

 

 

Claritus

Equ, sup, ser

8,900.00

 

 

 

NOXIOUS WEED FUND

 

 

Ameritas Life Insur Corp

Ret

154.20

Geneva St Bank

SS

160.98

Payroll

Salaries

2,284.40

 

CLAIMS APPROVED    

 

            Yates moved and Mueller seconded the motion to approve the claims as presented. Carried 6-0,Cermy not voting. 

 

COUNTY ASSESSOR

 

            County Assessor Ackland and Jerry Knoche of Great Plains Appraisal discussed the plans for reviewing rural homes and buildings over the next two years.  The work is beginning this week.

 

BRYAN-LGH CLAIM

 

            After discussion, Yates moved and Galusha seconded the motion to pay 60% of the $4,803.83 claim from BryanLGH for EPC services. Carried 7-0.                   

 

FIRE DISTRICT TREASURER’S BOND

 

            Capek moved and Simacek seconded the motion to approve the bond for Henry J. Rohla as Treasurer of the Milligan Rural Fire District, from September 13, 2004 until September 13, 2006.  Carried 7-0.

 

PLANNING AND ZONING COMMISSION           

 

            Planning and Zoning Administrator Slezak presented the Commission’s recommendations for penalties for failure to obtain required permits before a building project begins. He also presented a recommendation that permits be required before pouring new concrete or extending existing concrete. Repair of existing sidewalks would be excluded.  The Commission stated that all individuals and entities are required to get and pay for permits, including permits for signs.  No exceptions are allowed.

 

APPROVE CHANGES IN PLANNING AND ZONING FEE SCHEDULE

 

            Cerny moved and Mueller seconded the motion to double the cost of the permit as a penalty for failure to have the required permits in hand at the commencement of a project. Carried 7-0.    

 

PERMITS FOR CONCRETE

 

            Mueller moved and Capek seconded the motion to require a building permit before any concrete is poured, except for repair or replacement of existing concrete. Carried 7-0.

 

INTERLOCAL AGREEMENT

 

            Yates moved and Galusha seconded the motion to approve an interlocal cooperation agreement with Saline, Clay, Nuckolls and Thayer Counties to fund the position of Bailiff for Judge Vicky L. Johnson, District Judge, First Judicial District, cost to the county determined by the proportionate share of the case load for the preceding fiscal year.

 

INTERLOCAL AGREEMENT FOR FUNDING THE POSITION OF BAILIFF FOR THE HONORABLE  VICKY L. JOHNSON, DISTRICT JUDGE OF THE FIRST JUDICIAL DISTRICT

 

WHEREAS, the Honorable Vicky L. Johnson, District Judge of the First Judicial District of the State of Nebraska, serves as Presiding Judge in the District Court in Saline, Clay, Fillmore, Nuckolls and Thayer Counties in Nebraska; and

 

WHEREAS, the Interlocal Cooperation Act, Sections 13-801 through 13-827, Nebraska Revised Statutes, authorizes the joint exercise of powers, privileges, and authority by agreement of two or more public agencies of any power common to them; and

 

WHEREAS, it has been determined that it is necessary to create the position of District Court Bailiff to assist District Judge Johnson in the scheduling of District Court proceedings in each of the aforementioned Counties, and such other duties as shall be required and assigned by the District Judge; and

 

WHEREAS, caseload statistics reflect that the percentage amount of local caseload for said aforementioned counties for 2003 is apportioned as follows:

 

                                                            Saline County               40%

                                                            Clay County                 24%

                                                            Fillmore County                        15%

                                                            Nuckolls County           13%

                                                            Thayer County                8%; and

 

WHEREAS, it is the intention of Fillmore County to participate in the cost of the total budget of said District Court Bailiff according to the proportionate share of said County as set forth above.

 

NOW, THEREFORE, BE IT RESOLVED, in consideration of the covenants contained herein, the signing party agrees:

 

1.  That the creation of the position of District Court Bailiff as set forth above is hereby approved.

 

            2.  That Saline, Clay, Fillmore, Nuckolls, and Thayer Counties in Nebraska do hereby create this Interlocal Agreement for the sharing of the cost of the total budget of said District Court Bailiff, which budget shall include the following expenses: Salary; FICA Tax; Insurance, Retirement; Mileage; and Office Expenses.

 

3.  That for fiscal year 2004-05, the cost of said Total Budget shall be apportioned among the Cooperating Counties as follows:

 

Saline County               40%

                                                            Clay County                 24%

                                                            Fillmore County                        15%

                                                            Nuckolls County           13%

                                                            Thayer County                8%;

 

4.  That payment of the total budget for said Bailiff shall be paid by Saline County and the remaining counties shall reimburse Saline County for their proportionate share amount upon receipt of a Claim from Saline County for said proportionate amount.

 

5.  That this Agreement shall remain in full force and effect so long as District Judge Vicky L. Johnson shall continue to serve all of said five (5) counties and shall be modified and amended each fiscal year, based upon case load statistics for the previous year.

 

6.  This agreement, or any amendment to this agreement, may be signed in any number of counterparts, each of which will be an original, but all of which when taken together will constitute on agreement, or amendment to the agreement, as the case may be.

 

7.  That the effective date of this agreement shall be the same as the date when first executed by the Chairperson of the Fillmore County Board of Supervisors.

 

            AND BE IT FURTHER RESOLVED that the Fillmore County Board of Supervisors does hereby declare itself to be a member of the aforementioned Interlocal Cooperative Agreement.

 

            THIS AGREEMENT APPROVED by the Board of Supervisors of Fillmore County, Nebraska on this 28th day of September 2004.

 

Upon roll call, the vote was as follows:

 

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

Nays: None

 

            The Chairman declared the resolution adopted.

 

REPORTS

 

            A letter from the Sutton Public Schools declaring a hardship and advising that the district will be making payments over a period of time not to exceed five years to Level 3 Communications for 2003 property taxes paid by Level 3.   Level 3 Communications had protested their valuation in Nebraska to the Nebraska Property Assessment and Taxation Department and received a substantial reduction in value in Fillmore County, including the Sutton School District.

 

            The minutes and financial reports of the Fillmore County Development Corporation for September; the minutes of the August meeting of Public Health Solutions; the September minutes of the Fillmore County Visitors Committee; and a report, dated 9/22/04, from the Fillmore Emergency Management Coordinator, were reviewed and ordered placed on file in the Clerk’s Office. The minutes of the Hospital Renovation Committee for September 7th and 14th were also reviewed and ordered placed on file.

 

#####                                                                          #####                                                              #####

            The August minutes and reports for the Family Health Services Governing Board    were presented.  Below is a synopsis of the minutes.

    

     The Family Health Services governing board met August 19, 2004 at 4.00 p.m. in the CAMED room.  Present were Kotas, Nelson, Kudlacek, Johnson, Marget, and Eichelberger.  Lulf was also present.

 

     Motion was made and seconded to approve the minutes of the last meeting as presented.  Carried 5-0.

 

     The cost estimate submitted by GSI is $650 for a checkup to see that there are no problems from previous underground tanks was discussed.  Approved by general consensus.

 

     Renovation Project: Bids will be let August 25th for asbestos abatement.

 

     Renovation Financial Update: Approximately $50,000 has been received in donations to date. After discussion, it was moved and seconded to allow Eichelberger to proceed with the necessary negotiations for financing. Carried 4-0, Kudlacek abstaining.

 

     Options for clinic management is under discussion but no decisions have been made.

 

     Motion was made and seconded to accept the 2004-2005 budget as presented. Carried 5-0.

    

     Motion was made to accept the data, financial, and check register reports as presented.  Carried 5-0.

 

     Motion was made and seconded to approve Ryan Whitney, MD. Cardiologist and Bogdan Derylo, MD, Nephrologist for approval for consulting medical staff privileges, based on a recommendation from the medical staff.  Carried 5-0.

 

     Motion was made and seconded to fund the Good Beginnings program at the rate of $12,500 for one year to begin September 1, 2004.  Carried 5-0.

 

     The meeting adjourned by unanimous consent.  The next meeting will be September 16, 2004 in the CAMED room at 4.00 p.m.

 

#####                                                                          #####                                                              #####

 

           

 

S.T.O.P. PROGRAM

 

            Richard Mueller discussed the Safety Training Option Program, S.T.O.P., available through the Nebraska Safety Council and currently available in over 75 counties in Nebraska.  The program operates as a Pretrial Diversion Program under Department of Motor Vehicles rules and regulations pursuant to Nebraska Statutes.   Marvin Kohout of the Nebraska Safety Council was present to answer questions about the program and provided handouts to the Board.  Each county can set up rules for eligibility within the framework of the DMV rules and regulations. Further discussion will be held in October.

 

CLOSED SESSION

 

            Cerny moved and Mueller seconded the motion to hold a closed session of the Fillmore County Board 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 at 2.40 p.m.  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.

 

RETURN TO REGULAR SESSION

 

            Yates moved and Mueller seconded the motion to adjourn the closed session and return to regular session of the Fillmore County Board at 2.52 p.m. Upon roll call, the vote was as follows:

 

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

Nays: None                              Absent: Capek

 

            The Chairman declared the motion carried and regular session resumed.

 

ADJOURNMENT

 

            As there was no other business to come before the Board, the Chairman declared the meeting adjourned until 9.00 a.m., October 12, 2004.

 

___________________________________                             _____________________________________

Attest                                                                                          Chairman

__________________________________________________________________________________________

 

           

 

 

 

 

 

 

 

 

September 28, 2004

 

The Fillmore County Board of Supervisors convened in open and public session at 9.30 a.m.,

September 28, 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.  Capek left at the lunch break.  Prior to the opening of the meeting the Board saw a presentation from Alltel concerning the equipment for the next phase of E-911 services that will enable dispatchers to locate calls coming in on cellular phones.

 

            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 2.54 p.m.

 

DRIVEWAY PERMITS

 

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

           

LaVern Vejraska – to add a driveway on the north side of the NE ¼ of Sec. 34-6-1, Glengary Township, approximately 800 feet west of the corner, and

Kathleen Swartz Trust – to add a driveway on the west side of the NW ¼ NW ¼ of Sec. 36-6-4, Momence Township, just south of the Doug Straight farmstead.

 

Carried 7-0.  Upon roll call, the vote was as follows:

 

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

 

PERMIT TO OCCUPY COUNTY RIGHT-OF-WAY

 

            Simacek moved and Yates seconded the motion to approve the following application for a permit to occupy county right-of-way:

 

Nebraska Game & Parks Commission – to reshoulder the road adjacent to the E ½ SE ¼ of Sec. 21-5-3, and add a new culvert on the diagonal between the SE ¼ of Sec. 21-5-3 and the NW ¼ of Sec. 27-5-3, all in Hamilton Township, in order to allow water to drain into the Game and Parks waterfowl area in Section 21.

 

Carried 7-0. 

 

MINUTES APPROVED

 

            As there were no additions or corrections to the minutes of the September 14, 2004 meeting, the Chairman declared them approved as presented.

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.

 

GENERAL FUND

 

 

Alltel

Uti

  $    225.30

Alltel

Cell serv

322.39

Ameritas Life Insur Corp

Ret

3,874.14

Applies Concepts, Inc.

Equ

2,050.00

Assurity Life Insur Co

Ser

162.00

Auto Value Parts Stores

Sup

5.08

John Becker

Mile, mtgs

21.86

Larry Biester

Mile, mtgs

48.30

CISDA

Budget alloc

750.00

Marilyn Christiancy

Ret

25.00

City of Geneva

Rent

440.00

David City Police Dept

RAP dues

3,551.50

Des Moines Stamp Mfg Co

Sup

29.80

Drummond American Corp

Sup

133.91

Robert Dumpert

Mile, mtgs

69.90

Eakes Office Plus

Sup

27.20

Earl’s Window Serv

Ser

4.00

Sharon Elznic

Mile, mtgs

54.78

Evercom

Sup

210.00

Fillmore Co Treas

Trans, misc, transfers

328,385.11

Galls Inc

Sup

75.96

Gage Co Clerk

Probation office alloc

2,633.61

Gambles

Sup

56.92

Geneva St Bank

SS

4,024.89

Geneva St Bank

Sup, ser

90.33

Geneva Super Foods

Sup

12.82

Great Plains Appraisal

Ser

3,600.00

Norma Gregory

Ret

25.00

Hometown Leasing

Ser

135.38

Jim’s  Repair

Ser

27.25

Ray Johnson

Mile, mtgs

56.94

Kalkwarf & Smith Law Offices

Ser, misc

2,630.70

Ralph Kassik

Mtgs, mile

53.08

Kerry’s Auto Repair & Serv

Ser

27.20

Richard Kleinschmidt

Mile

5.76

William Leif

Mile

12.61

Harold D Long

Mile

6.84

Lorman Education Serv

Wksh

289.00

Ann H McDonald

 Ret

18.00

Mid-American Research Chem

Sup

767.14

Morley Most

Mile, mtgs

69.90

Willard H Mussman

Ret

23.00

Nebr Criminal Defense Atty’s Assoc

Wksh

175.00

Nebr Nat’l Bank

Ser

187.59

NPPD

Uti

1,730.14

Nebr Tech & Telecommun Inc

Uti

1,162.47

Nick’s Farm Store

Rep

153.00

Merle Noel

Mile, mtgs

36.52

Reg Noel

Mile, mtgs

67.74

Region V Systems

Ser

660.00

Nebr DAS

Ser

41.22

Nebr Dept of Motor Veh

Ser

4.00

Barbara Stephenson

Mile

45.00

Thayer Co Extension

Reim

142.41

Thayer Co Sheriff

Ser

33.63

USDA, APHIS

Ser

1,513.99

UNL, IS-Telecommun

Ser

29.26

Carroll L Verhage, MD

Ser

520.00

Ken Vodicka

Ser

20.00

West-Lite Corp

Sup

232.76

Election Board

Geneva Spec Elect

379.15

Payroll

Salaries

58,751.20

 

 

 

ROAD/BRIDGE FUND

 

 

Ameritas Life Insur Corp

Ret

1,723.46

B’s Enterprises

Sup

840.00

Callaway Sons & Daughters S & G

Gravel

2,253.53

Farmers Coop Co

Fuel

2,021.90

Farm Plan

Sup

269.34

Geneva Engineering

Grading projects

38,700.00

Geneva St Bank

SS

1,906.68

Ralph Gould

Ret

18.00

Grafton Mini Mart

Fuel

54.02

Grafton Oil Co

Fuel

1,145.70

Grainger

Sup

348.60

Elmer Hessheimer

Sup

31.60

Donovan Jirkovsky

Ret

25.00

Lichti Bros Oil

Fuel

544.84

NPPD

Uti

180.28

Orscheln

Sup

174.99

Overland Sand & Gravel

Gravel

5,303.32

Perennial Public Power

Uti

28.49

R D “Scooter” Franck Elect

Ser

4,227.00

South Dakota LTAP

Wksh

60.00

Payroll

Salaries

26,124.74

 

 

 

JUVENILE SERVICES FUND

 

 

Blue Valley Mental Health

Ser

2,726.05

 

 

 

TOURISM/ECONOMIC DEVEL FUND

 

 

Fillmore Co Development Corp

Mile, sup, post, misc

410.69

Geneva Chamber of Commerce

Reim

19.50

 

 

 

 

 

 

MEDICAL/RELIEF FUND

 

 

Neurology Assoc PC

Ser

132.24

Pulmonary Specialties

Ser

34.83

Quest Diagnostic

Ser

58.57

Weaver Pharmacy

Ser

511.46

 

 

 

INSTITUTIONS FUND

 

 

Nebr Health & Humans Services

Aug patient care

471.00

 

 

 

SENIOR SERVICES FUND

 

 

Ameritas Life Insur Corp

Ret

264.31

Fillmore Co Treasurer

Post

148.00

Geneva St Bank

SS

303.95

Payroll

Salaries

4,014.90

 

 

 

COPS GRANT

 

 

Geneva St Bank

SS

135.91

Payroll

Salaries

1,776.66

 

 

 

FED EMERG MANAGEMENT GRANTS

 

 

Claritus

Equ, sup, ser

8,900.00

 

 

 

NOXIOUS WEED FUND

 

 

Ameritas Life Insur Corp

Ret

154.20

Geneva St Bank

SS

160.98

Payroll

Salaries

2,284.40

 

CLAIMS APPROVED    

 

            Yates moved and Mueller seconded the motion to approve the claims as presented. Carried 6-0,Cermy not voting. 

 

COUNTY ASSESSOR

 

            County Assessor Ackland and Jerry Knoche of Great Plains Appraisal discussed the plans for reviewing rural homes and buildings over the next two years.  The work is beginning this week.

 

BRYAN-LGH CLAIM

 

            After discussion, Yates moved and Galusha seconded the motion to pay 60% of the $4,803.83 claim from BryanLGH for EPC services. Carried 7-0.                   

 

FIRE DISTRICT TREASURER’S BOND

 

            Capek moved and Simacek seconded the motion to approve the bond for Henry J. Rohla as Treasurer of the Milligan Rural Fire District, from September 13, 2004 until September 13, 2006.  Carried 7-0.

 

PLANNING AND ZONING COMMISSION           

 

            Planning and Zoning Administrator Slezak presented the Commission’s recommendations for penalties for failure to obtain required permits before a building project begins. He also presented a recommendation that permits be required before pouring new concrete or extending existing concrete. Repair of existing sidewalks would be excluded.  The Commission stated that all individuals and entities are required to get and pay for permits, including permits for signs.  No exceptions are allowed.

 

APPROVE CHANGES IN PLANNING AND ZONING FEE SCHEDULE

 

            Cerny moved and Mueller seconded the motion to double the cost of the permit as a penalty for failure to have the required permits in hand at the commencement of a project. Carried 7-0.    

 

PERMITS FOR CONCRETE

 

            Mueller moved and Capek seconded the motion to require a building permit before any concrete is poured, except for repair or replacement of existing concrete. Carried 7-0.

 

INTERLOCAL AGREEMENT

 

            Yates moved and Galusha seconded the motion to approve an interlocal cooperation agreement with Saline, Clay, Nuckolls and Thayer Counties to fund the position of Bailiff for Judge Vicky L. Johnson, District Judge, First Judicial District, cost to the county determined by the proportionate share of the case load for the preceding fiscal year.

 

INTERLOCAL AGREEMENT FOR FUNDING THE POSITION OF BAILIFF FOR THE HONORABLE  VICKY L. JOHNSON, DISTRICT JUDGE OF THE FIRST JUDICIAL DISTRICT

 

WHEREAS, the Honorable Vicky L. Johnson, District Judge of the First Judicial District of the State of Nebraska, serves as Presiding Judge in the District Court in Saline, Clay, Fillmore, Nuckolls and Thayer Counties in Nebraska; and

 

WHEREAS, the Interlocal Cooperation Act, Sections 13-801 through 13-827, Nebraska Revised Statutes, authorizes the joint exercise of powers, privileges, and authority by agreement of two or more public agencies of any power common to them; and

 

WHEREAS, it has been determined that it is necessary to create the position of District Court Bailiff to assist District Judge Johnson in the scheduling of District Court proceedings in each of the aforementioned Counties, and such other duties as shall be required and assigned by the District Judge; and

 

WHEREAS, caseload statistics reflect that the percentage amount of local caseload for said aforementioned counties for 2003 is apportioned as follows:

 

                                                            Saline County               40%

                                                            Clay County                 24%

                                                            Fillmore County                        15%

                                                            Nuckolls County           13%

                                                            Thayer County                8%; and

 

WHEREAS, it is the intention of Fillmore County to participate in the cost of the total budget of said District Court Bailiff according to the proportionate share of said County as set forth above.

 

NOW, THEREFORE, BE IT RESOLVED, in consideration of the covenants contained herein, the signing party agrees:

 

1.  That the creation of the position of District Court Bailiff as set forth above is hereby approved.

 

            2.  That Saline, Clay, Fillmore, Nuckolls, and Thayer Counties in Nebraska do hereby create this Interlocal Agreement for the sharing of the cost of the total budget of said District Court Bailiff, which budget shall include the following expenses: Salary; FICA Tax; Insurance, Retirement; Mileage; and Office Expenses.

 

3.  That for fiscal year 2004-05, the cost of said Total Budget shall be apportioned among the Cooperating Counties as follows:

 

Saline County               40%

                                                            Clay County                 24%

                                                            Fillmore County                        15%

                                                            Nuckolls County           13%

                                                            Thayer County                8%;

 

4.  That payment of the total budget for said Bailiff shall be paid by Saline County and the remaining counties shall reimburse Saline County for their proportionate share amount upon receipt of a Claim from Saline County for said proportionate amount.

 

5.  That this Agreement shall remain in full force and effect so long as District Judge Vicky L. Johnson shall continue to serve all of said five (5) counties and shall be modified and amended each fiscal year, based upon case load statistics for the previous year.

 

6.  This agreement, or any amendment to this agreement, may be signed in any number of counterparts, each of which will be an original, but all of which when taken together will constitute on agreement, or amendment to the agreement, as the case may be.

 

7.  That the effective date of this agreement shall be the same as the date when first executed by the Chairperson of the Fillmore County Board of Supervisors.

 

            AND BE IT FURTHER RESOLVED that the Fillmore County Board of Supervisors does hereby declare itself to be a member of the aforementioned Interlocal Cooperative Agreement.

 

            THIS AGREEMENT APPROVED by the Board of Supervisors of Fillmore County, Nebraska on this 28th day of September 2004.

 

Upon roll call, the vote was as follows:

 

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

Nays: None

 

            The Chairman declared the resolution adopted.

 

REPORTS

 

            A letter from the Sutton Public Schools declaring a hardship and advising that the district will be making payments over a period of time not to exceed five years to Level 3 Communications for 2003 property taxes paid by Level 3.   Level 3 Communications had protested their valuation in Nebraska to the Nebraska Property Assessment and Taxation Department and received a substantial reduction in value in Fillmore County, including the Sutton School District.

 

            The minutes and financial reports of the Fillmore County Development Corporation for September; the minutes of the August meeting of Public Health Solutions; the September minutes of the Fillmore County Visitors Committee; and a report, dated 9/22/04, from the Fillmore Emergency Management Coordinator, were reviewed and ordered placed on file in the Clerk’s Office. The minutes of the Hospital Renovation Committee for September 7th and 14th were also reviewed and ordered placed on file.

 

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            The August minutes and reports for the Family Health Services Governing Board    were presented.  Below is a synopsis of the minutes.

    

     The Family Health Services governing board met August 19, 2004 at 4.00 p.m. in the CAMED room.  Present were Kotas, Nelson, Kudlacek, Johnson, Marget, and Eichelberger.  Lulf was also present.

 

     Motion was made and seconded to approve the minutes of the last meeting as presented.  Carried 5-0.

 

     The cost estimate submitted by GSI is $650 for a checkup to see that there are no problems from previous underground tanks was discussed.  Approved by general consensus.

 

     Renovation Project: Bids will be let August 25th for asbestos abatement.

 

     Renovation Financial Update: Approximately $50,000 has been received in donations to date. After discussion, it was moved and seconded to allow Eichelberger to proceed with the necessary negotiations for financing. Carried 4-0, Kudlacek abstaining.

 

     Options for clinic management is under discussion but no decisions have been made.

 

     Motion was made and seconded to accept the 2004-2005 budget as presented. Carried 5-0.

    

     Motion was made to accept the data, financial, and check register reports as presented.  Carried 5-0.

 

     Motion was made and seconded to approve Ryan Whitney, MD. Cardiologist and Bogdan Derylo, MD, Nephrologist for approval for consulting medical staff privileges, based on a recommendation from the medical staff.  Carried 5-0.

 

     Motion was made and seconded to fund the Good Beginnings program at the rate of $12,500 for one year to begin September 1, 2004.  Carried 5-0.

 

     The meeting adjourned by unanimous consent.  The next meeting will be September 16, 2004 in the CAMED room at 4.00 p.m.

 

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S.T.O.P. PROGRAM

 

            Richard Mueller discussed the Safety Training Option Program, S.T.O.P., available through the Nebraska Safety Council and currently available in over 75 counties in Nebraska.  The program operates as a Pretrial Diversion Program under Department of Motor Vehicles rules and regulations pursuant to Nebraska Statutes.   Marvin Kohout of the Nebraska Safety Council was present to answer questions about the program and provided handouts to the Board.  Each county can set up rules for eligibility within the framework of the DMV rules and regulations. Further discussion will be held in October.

 

CLOSED SESSION

 

            Cerny moved and Mueller seconded the motion to hold a closed session of the Fillmore County Board 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 at 2.40 p.m.  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.

 

RETURN TO REGULAR SESSION

 

            Yates moved and Mueller seconded the motion to adjourn the closed session and return to regular session of the Fillmore County Board at 2.52 p.m. Upon roll call, the vote was as follows:

 

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

Nays: None                              Absent: Capek

 

            The Chairman declared the motion carried and regular session resumed.

 

ADJOURNMENT

 

            As there was no other business to come before the Board, the Chairman declared the meeting adjourned until 9.00 a.m., October 12, 2004.

 

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Attest                                                                                          Chairman

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