October 12, 2004

 

The Fillmore County Board of Supervisors convened in open and public session at 9.00 a.m.,

October 12, 2004, in the Courthouse Boardroom, 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.  Mueller and Kimbrough left at the lunch break. 

 

            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 1.50 p.m.

 

MINUTES APPROVED

 

            As there were no additions or corrections to the minutes of the September 28, 2004 meeting, the Chairman declared them approved as presented.

 

REDUCTION OF PLEDGED SECURITIES

 

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

 

RESOLUTION NO. 2004-28

 

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

 

Irrevocable Letter of Credit # 5488, dated 2 Sept. 2004, in the amount of $3,500,000.00, due 30 Sept. 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.

 

CERTIFICATION SIGNED

 

            The Chairman signed the Certification of Cost Allocation Plan for the Countywide Cost Allocation Plan completed by Maximus.

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

 

 

Ace Agri Supply

Sup

$       168.50

Howard F Ach, Atty

Rent, sup, post, misc

3,113.10

Alltel

Uti

179.70

American Legion Emblem Sales

Sup

434.20

Ameritas Life Insur Corp

Ret

425.27

Aquila

Uti

54.53

Auto Value Parts Stores

Sup

14.00

Ian Barnett

Uni

35.00

Blue Cross-Blue Shield

Insu

13,476.32

Blue Valley Commun. Action

Budget allocation

3,501.00

Bottorf & Maser, Attys

Ser

1,659.38

William L. Burgess

Uni, wksh, misc

82.81

Business Telecomm

Ser

80.00

C & C Extinguisher Ser

Ser

59.90

Daryl L. Callenius

Uni, misc

50.53

Century Lumber Center

Sup

6.00

City of Geneva

Uti

576.00

Claritus

Equ

609.74

Contryman Assoc. P.C.

Ser

4,500.00

Dept of Admin Serv Commun

Rent

356.66

Des Moines Stamp

Sup

118.60

Douglas Co Sheriff

Ser

15.50

Eagle Auto Supply

Sup

11.41

Eakes Office Supply

Sup

473.80

Executive Copier Sys

Ser

75.68

Fillmore Co Building & Grounds

Sup

48.00

Fillmore Co Clerk

Ser

6.00

Fillmore Co Sheriff

Fees

453.34

Ft Dearborn Life Insu

Insu

178.92

Gambles

Sup

183.99

Garbage Co Inc

Ser

78.00

Geneva St Bank

SS

839.45

Geneva TV &  Appl Inc

Ser

6.00

Geneva Welding & Sup Inc

Sup

70.80

Jeremy Goekin

Uni

123.29

Graham Tire

Sup

107.00

Dean N Hansen, Atty

Ser

397.50

Terry Hejny

Mile, wksh, misc

567.39

Holiday Inn

Wksh

170.85

Hometown Leasing

Ser

477.24

Susan Johnson

Wksh

17.52

Stephen J Kraviec, Atty

Ser, post

1,577.51

Patty A Lentfer

Mile

58.50

MIPS/County Solutions LLC

Ser

1,736.81

Richard Mueller/Tom Biegert

Rent

625.00

NVOIS Inc.=VctRex

Sup

1,098.00

Nat’l Assoc of Counties

Dues

370.00

Nebr Signal

Ads, pro, subs, election

1,380.67

Nelson Petroleum Co

Fuel, sup

365.50

Neopost

Ser

277.00

Nick’s Farm Store Inc

Sup

16.95

Mary Novak

Mile

54.75

O’Keefe Elevator Co Inc

Rep, ser

349.00

Phillips 66

Fuel

906.14

Plains Power & Equip Inc

Ser

297.35

Platte Valley Commun of Hastings

Sup

155.95

Platte Valley Commun – York

Cell phones

159.90

Ralph’s Geneva Tire

Ser

112.27

Redfield & Co Inc

Sup

77.39

Stephen G Roemmich

Uni, misc

94.70

Russ’s Pest Control

Ser

125.00

Saline Co Sheriff

Ser

40.00

Mary Saum

Wksh

69.94

Patty Scarborough

Mile

52.88

Seward Co Sheriff

Ser

15.50

NE Dept of Labor

Ser

75.00

State of Nebr HHS Lab

Ser

150.00

Nancy G Waldron, Atty

Ser

1,671.84

Daniel L Werner, Atty

Ser

799.10

Bob Williams

Rep

680.82

Steven Yates

Mile

17.63

York Co Sheriff’s Dept

Boarding prisoner

55.00

Payroll

Salaries

11,396.98

 

 

 

ROAD/BRIDGE OPERATING FUND

 

 

Ackland Construction Co

Ser

300.00

All Roads Barricade

Sup

47.28

Alltel

Uti

67.48

Ameritas Life Insur Corp

Ret

1,723.46

Aquila

Uti

45.81

Auto Value Parts Stores

Sup

250.30

B & J Automotive

Ser

116.54

Beaver Bearing Co

Sup

15.08

Blue Cross-Blue Shield

Insu

9,998.59

Business World Prod

Ser

26.50

Century Lumber

Sup

1,045.01

City of Geneva

Uti

50.70

Dorchester Farmers Coop

Fuel

1,662.83

Fillmore Co Shop

Post, sup, misc

31.50

Filter Care of Nebr

Sup

61.35

Ft Dearborn Life Insur Co

Insu

120.65

Garbage Co

Ser

45.75

Geneva Carquest

Sup

164.17

Geneva St Bank

SS

1,915.26

Geneva Welding & Supply

Sup

485.42

Grafton Oil

Fuel

603.84

Elmer Hessheimer

Equ

345.05

Industrial Safety Co

Sup

54.43

Island Supply Co

Equ

610.00

Michl Ser

Fuel

30.00

Nebr Assoc of Co Officials

Wksh

110.00

Nebraska Bolt

Sup

130.56

Nebr Machinery

Sup

453.46

Nelson Petrol Co

Fuel

619.14

Newman Signs

Sup

1,051.54

Nichols Construction

Gravel

16,584.28

Overland Sand & Gravel

Gravel

3,588.41

Perennial Pub Power

Uti

17.56

Phillips 66 Co

Fuel

1,766.46

Ralph’s Geneva Tire

Tires, rep

486.53

Ruhl’s Well Serv

Ser

425.00

Speece Lewis Engineers

Ser

7,684.80

Superior Deshler Inc

Fuel

34.18

Texaco/Shell

Fuel

59.50

Village of Fairmont

Uti

15.58

Village of Milligan

Uti

20.06

Village of Ohiowa

Uti

20.00

Weaver Pharmacy

Sup

14.98

Wick’s Sterling Trks

Sup

56.86

Payroll

Salaries

26,236.74

 

 

 

MEDICAL/RELIEF FUND

 

 

BryanLGH Medical Cent

Ser

1,995.00

York General Hosp

Ser

17.40

 

 

 

SENIOR SERVICES FUND

 

 

Norma Babst

Mile

55.80

Blue Cross-Blue Shield

Insu

869.44

Dawg’s Smokehouse

HDM’s

84.55

Judy Dondlinger

Ser

80.00

Exeter Care Center

HDM’s

563.50

Exeter Golden Agers

USDA – July

49.59

Fairmont Aging Services

USDA – July

141.93

Ft. Dearborn Life Insur Co

Insu

11.30

Gambles

Sup

11.99

Geneva Activities & Educ Dept

Sup

28.40

Geneva Senior Center

Uti, sup, rent, July USDA, misc

793.49

Susan Kerl

Ser

50.00

Nancy Kohler

Sup, Mile, Misc

253.66

Jeannine Krejci

Ser

110.00

Elizabeth M Manning

Ser

172.90

Nebraska Signal

Ads

61.06

Pioneer Publ

Ads

15.20

Ron’s Tavern

HDM’s

292.00

Rhonda Stokebrand

Mile

56.52

JoAnn Vavra

Ser

80.00

 

 

 

COPS GRANT

 

 

Blue Cross-Blue Shield

Insu

434.72

Ft Dearborn Life Insur Co

Insu

5.65

 

 

 

HOSPITAL FUND

 

 

Fillmore Co Hospital

Sept. taxes

12,582.60

 

 

 

NOXIOUS WEED FUND

 

 

Alltel

Uti

39.53

Blue Cross-Blue Shield

Insu

434.72

City of Geneva

Uti

6.50

Merlin Ehmen

Rent

210.00

Ft Dearborn Life Insur Co

Insu

2.26

Grafton Mini Mart

Fuel

117.02

Phillips 66

Fuel

60.25

 

CLAIMS APPROVED

 

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

 

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

Nays: None                              Abstaining due to conflict of interest: Yates

 

            The Chairman declared the motion carried.

 

REPORTS

 

            The August report of the Fillmore County Transit Service, the April-June report from Keep Nebraska Beautiful for the Waste Oil Grant, and the minutes of the October 5th meeting of the Hospital Renovation Board were reviewed and ordered placed on file.

 

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

 

            Clerk of District Court – September fees   $118.50, Quarterly fees   $328.50

            County Clerk - September fees   $6,010.10, Quarterly fees   $20,544.72

            Sheriff – September fees   $1,793.01, Quarterly fees  $4,508.49

 

Upon roll call, the vote was as follows:

 

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

Nays: None

 

            The Chairman declared the motion carried.

 

DRIVEWAY APPLICATIONS

 

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

           

Rudy Capek – to extend an existing drive to 40’, located at the half-mile line on the west side of Sec.25-6-1, Glengary Township, and          

Bill Eich – to extend an existing drive to 40’ located just south of the quarter mile line on the east side of Sec. 2-5-3, Hamilton Township.

 

Upon roll call, the vote was as follows:

 

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

Nays: None

 

            The Chairman declared the motion carried.

 

SILT CLEANING PERMIT

 

            Simacek moved and Galusha seconded the motion to approve the application of Jim and Pam Rose for a permit to clean silt from a road ditch adjacent to the west-side of the SW ¼ of Sec. 29-7-2, Madison Township, south of the driveway at the site of a new culvert. 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.

 

ACROSS THE ROAD PERMIT

 

            Capek moved and Yates seconded the motion to approve the application of Alltel Communications for a permit to place underground communications lines across a public road between Sec. 21and Sec. 28-5-1, Franklin Township, at the box culvert site, and that said Alltel Communications shall assume all liability for the construction, maintenance, and repair of said 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.

 

CONSTRUCTION ENGINEERING AGREEMENT

 

            The agreement for Construction Engineering on the Milligan North project was reviewed.  The agreement was prepared by the Nebraska Department of Roads and provides that the county’s engineer will provide the following services: Review of Shop Drawings, Provide Girder Shim Calculations and Construction Consultation and the rates for these services.

 

            Mueller moved and Capek seconded the motion to approve the construction engineering agreement with the Nebraska Department of Roads for construction engineering services for the Milligan North project, No. STPE- BR-2755(5).  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.

 

CHAIRMAN AND HIGHWAY SUPERINTENDENT TO SIGN PAPERS

 

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

 

RESOLUTION NO. 2004-29

 

            The County Board of Supervisors of Fillmore County, having met on the 14th day of September, 2004, hereby authorize the County Board Chairperson and the County Highway Superintendent to sign on behalf of the County, a Certification of Compliance for Structure No. C003004625.

 

            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.

 

 

WALL IN OLD SHOP BUILDING

 

            The addition of a wall at the west end in the old shop building to provide separate space for barricade repair and storage was discussed.  Material for the wall is estimated to cost $700 and Road employees will build it when time allows. 

 

            Cerny moved and Mueller seconded the motion to add a wall in the old shop building at the west end to provide separate space for barricade storage and repair, work to be done by county labor and materials estimated at $700.  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. 

 

SURPLUS ITEMS

 

            Yates moved and Simacek seconded the motion to approve the list of surplus items submitted by the Highway Department for inclusion in the November 13th consignment sale to be held at the Fairgrounds.  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.

 

PERSONNEL HANDBOOK

 

            The County Attorney reviewed the proposed personnel handbook and made suggestions for changes to clarify some of language in it.  Action on the handbook will be taken at a later date.

 

ADMINISTRATIVE SUBDIVISION APPLICATION

 

            Planning and Zoning Director Slezak presented two applications for Administrative Subdivision for a tract in the NE ¼ SE ¼ of Sec. 28-8-4, Grafton Township. Tract one is for 8.13 acres in the NE ¼ SE ¼ of Sec. 28-8-4, and Tract two is a subdivision of Tract one and consists of 3.005 acres.  Both tracts meet the requirements for Administrative Subdivision as set out in the Fillmore County Planning and Zoning Regulations.

 

APPROVE ADMINISTRATIVE SUBDIVISION, TRACT ONE

 

            Galusha moved and Yates seconded the motion to approve the application of Marvin Peter for Administrative Subdivision of part of the NE ¼ SE ¼ of Sec. 28-8-4, Grafton Township, as follows:

 

            Irregular Tract 1 located in the Northeast Quarter of the Southeast Quarter of Section 28, Township 8 North, Range 4 West of the 6th Principal Meridian, being more fully described as follows:

 

            Beginning at the Northeast corner of the Southeast quarter; thence south 00o00’00” west (assumed bearing), on section line, a distance of 991.50 feet; thence south 85o53’35” west a distance of 406.13 feet to a ¾ inch pipe; thence north 1o47’21” east a distance of 423.69 feet to a ¾ inch pipe, thence south 89o38’49” east a distance of 61.93 feet to a 3/4 inch pipe; thence north 1o12’51” east a distance of 570.81 feet the north line of said quarter, marked with a ¾ inch pipe; thence south 89o43’36” east a distance of 318.88 feet to the point of beginning.  Containing a calculated area of 8.13 acres, more or less, of which 0.75 acres is roadway.

 

            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 TRACT TWO

 

            Galusha moved and Capek seconded the motion to approve the application of Marvin Peter for Administrative Subdivision of part of the NE ¼ SE ¼ of Sec. 28-8-4, Grafton Township, as follows:

 

            Irregular Tract 2 located in the Northeast Quarter of the Southeast Quarter of Section 28, Township 8 North, Range 4 West of the 6th Principal Meridian, being more fully described as follows:

 

            Beginning at the Northeast corner of the Southeast Quarter; thence south 00o00’00” west (assumed bearing), on section line, a distance of 405.00 feet; thence north 89o43”36” west a distance of 327.46 feet; thence north 1o12’51” east a distance of 405.05 feet to a ¾ inch pipe; thence south 89o43’36’ east a distance of 318.88 feet to the point of beginning containing a calculated area of 3.005 acres, more or less, of which 0.31 acres is roadway.

 

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.

 

BOARD OF EQUALIZATION

 

            Cerny moved and Mueller seconded the motion to go into session as the Fillmore County Board of Equalization at 11.15 a.m. 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.

 

ADOPT LEVIES

 

            Simacek moved and Galusha seconded the motion to adopt the following proposed levies for Fillmore County political subdivisions, as shown by the tax requests on the budgets filed in the Clerk’s office:

 

LEVIES FOR FILLMORE COUNTY FOR 2004

 

County General

.360332

Medical/Relief Fund

.003194

Institutions Fund

.000432

Hospital Operating Fund

.014584

Courthouse Bond Fund

.013594

TOTAL COUNTY LEVY

0.392136

 

 

 

 

Fillmore County Agricultural Society – General Fund

.006648

Sinking Fund

.002264

TOTAL

0.008912

 

 

Fillmore County Historical Society

.000915

 

 

SCHOOL DISTRICTS

 

Exeter-Milligan  School Dist. 1          General Fund

1.224509

Special Building Fund

.019798

TOTAL

            1.244307

 

 

Fillmore Central Dist. 25 General Fund

1.053361

Special Building Fund

.007940

Qualified Capital Purposes

.016754

TOTAL

1.078055

 

 

Strang/Fillmore Central Affiliation, 36/25

1.053361

Ohiowa/Fillmore Central Affiliation, 40/25

1.053361

 

 

 

 

Shickley School Dist. 54 General Fund

1.061342

 

 

Strang/Shickley Affiliation, 36/54

1.061342

 

 

TOWNSHIPS

 

Exeter-Fairmont

.012020

West Blue

.016062

Grafton

.036276

Bennett

.032578

Geneva

.009767

Madison

.011911

Liberty

.025753

Glengary

.013433

Chelsea

.020474

Stanton

.015704

Momence

.013593

Bryant

.013424

Hamilton

.018649

Belle Prairie

.031878

Franklin

.009143

 

 

FIRE DISTRICTS

 

Exeter

.024999

    Bond

.017855

TOTAL

.042854

 

 

Fairmont

.016031

Grafton

.025685

Geneva

.009932

 

 

Milligan

.029707

Sinking Fund

.001881

TOTAL MILLIGAN

.031588

 

 

Ohiowa

.026406

Sinking Fund

.004350

TOTAL OHIOWA

.030756

 

 

Shickley

.021863

 

 

CITIES AND VILLAGES

 

Exeter Village                 General Fund

.436334

                                       Bond Fund

.271814

TOTAL

.708148

 

 

Fairmont Village              General Fund

.500000

                                        Bond Fund

.687553

TOTAL

1.187553

 

 

Grafton Village                General Fund

.444028

                                        Bond Fund

.261032

TOTAL

.705060

 

 

Geneva City                    General Fund

.296858

                                        Bond Fund

.390409

TOTAL

.687267

 

 

Milligan Village                General Fund

.381852

 

 

Shickley Village               General Fund

.449993

                                         Bond Fund

.538565

TOTAL

             .988558

 

 

Strang Village                  General Fund

.403620

 

 

Ohiowa Village                General Fund

.449988

 

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.

 

YATES ASSUMES THE CHAIR

 

            In the absence of the Chairman and Vice-Chairman, Yates was appointed to assume the chair for the remainder of the meeting, beginning at 12.45 p.m.

 

 

BUDGET

 

            Randy Mireau, CPA, explained the reason for the proposed amendment of the county budget.  When the lid bill was originally passed by the Legislature, capital expense included road projects, equipment, furniture, vehicles, buildings and miscellaneous equipment that would last five years or more.  This was changed several years ago, eliminating personal property and leaving only buildings and projects as capital expense to be used when figuring the restricted funds budget lid.  This year Fillmore County, and most of the counties around, discovered this problem and had to make adjustments not previously needed.

 

HEARING TO AMEND THE 2004-05 BUDGET

 

            The hearing on the proposed amendment to the budget for 2004-05 was opened at 1.00 p.m. as advertised and was held open until 1.30 p.m.  No one appeared to testify either for or against the proposal.

 

ADOPT AMENDED BUDGET

 

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

 

RESOLUTION NO. 2004-30

 

            RESOLVED, that the amendment to the 2004-05 budget for Fillmore County, as advertised and heard at the public hearing held October 12, 2004, be approved, and the 2004-05 budget for Fillmore County is hereby amended to reflect the changes as advertised and adopted. Upon roll call, the vote was as follows:

 

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

Nays: None                                          Absent: Mueller and Kimbrough

 

            The Chairman declared the motion carried.

 

ADJOURN

 

            The temporary Chairman declared the meeting adjourned until 9.00 a.m., October 26, 2004.

 

___________________________________                             ___________________________________

Attest                                                                                          Chairman      

________________________________________________________________________________________