December 14, 2004

 

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

December 14, 2004, in the Courthouse Boardroom, Geneva, Nebraska, with Chairman Kimbrough presiding.  Members present were Yates, Simacek, Galusha, Cerny, Capek, and Mueller.  Galusha was absent from 9.50 a.m. until 10.05 a.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 12.35 p.m.

 

MINUTES APPROVED

 

            As there were no corrections or additions to the minutes of the November 23rd 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

 

 

Howard F Ach, Atty

Rent, copies, misc

$  2,939.32

Joan Ackland

Mile, sup

100.96

Alltel

Uti

415.30

Ameritas Life Insur Corp

Ret

679.55

Aquila

Uti

396.92

Aramark Uniform Ser Inc

Ser

142.92

Assurity Life Insur Co

Ser

162.00

Auto Value Parts Stores

Sup

77.26

Ian Barnett

Uni

35.00

Biegert Constr Co

Ser

100.00

Joseph Bixby Atty

Ser

65.63

William L Burgess

Uni, misc

65.60

Business Office Systems Inc

Sup

127.95

Daryl L Callenius

Uni

35.00

Century Lumber Center

Sup

67.89

City of Geneva

249.10

249.10

Civic Research Institute Inc

Sup

169.95

DAS Commun Ser

Rent

350.00

Diebold Inc

Ser

123.00

Douglas Mfg Corp

Sup

254.10

Dugan Business Forms

Sup

334.32

Eakes Office Plus

Sup, main

785.82

Earl’s Window Service

Ser

4.00

Election Systems & Software

Ser

3,019.50

Fillmore Co Sheriff

Fees

970.41

Fillmore Co Treas

Misc, sup, wksh & post reim,

1,187.50

Ft Dearborn Life Insur Co

Insu

178.92

Gambles

Sup

388.84

Garbage Co

Ser

95.00

Geneva St Bank

SS

1,062.31

Geneva Super Foods

Sup

47.35

Geneva Vol Fire Dept Auxilary

Ser

30.00

Geneva Welding & Supp

Rep

53.68

Jeremy Goeken

Uni, sup

49.11

Terry Hejny

Mile, misc

330.18

Hilty’s

Sup

341.61

Hometown Leasing

Ser

211.25

Stephen J Kraviec, Atty

Ser, post

1,578.70

Lease Consultants Corp

Ser

249.00

Patty A Lentfer

Mile

58.50

Terry Marshall

Uti

209.50

Medi-Save Pharmacy

Sup

110.65

Mid States Window Tinting Inc

Ser

450.00

MIPS/Co Solutions Inc

Ser, mile

1,788.44

Richard Mueller/Tom Biegert

Rent

625.00

Nebr Assoc Co Officials

Dues, 1st half

1,033.00

Nebr National Bank

Ser

187.59

NPPD

Uti

786.66

Nebr Signal

Pro, ads, sup

903.67

Nebr Supreme Court

Sup

39.50

Nelson Petroleum Co

Fuel

516.27

Neopost Inc

Ser

420.00

Nick’s Farm Store Co

Sup

20.30

O’Keefe Elevator Co Inc

Main

159.01

Pace Publications

Sup

239.00

Phillips 66

Fuel

1,084.84

Platte Valley Commun – York

Ser

25.00

Platte Valley Commun – Hastings

Rep

15.00

Protex Central Inc

Ser

164.00

Ralph’s Geneva Tire

Ser

46.99

Redfield & Co Inc

Sup

176.98

RNJ Electronics

Equ

122.14

Dennis Rocole

Mile

57.75

Stephen G Roemmich

Uni

35.00

Craig Rogers

Ser

20.00

Mary L Saum

Mile

131.26

Patty Scarborough

Mile

6.00

Seiler & Parker, P.C.

Ser

144.11

Gerald Slezak

Mile

46.50

Nebr Dept of Motor Vehicles

Sup

16.00

St Health Labs

Ser

75.00

State DAS/Surplus Property Div

Sup

10.00

Swanson Corp

Sup

48.66

Thayer Co Extension Ser

Sup, post, maint

136.20

Thayer Co Treasurer

Westlaw ½ year

448.50

Carol Vejraska

Mile – election

78.00

Nancy Waldron, Atty

Ser

1,003.43

Weaver Pharmacy

Sup

83.44

Jesse West

Ser

25.25

Payroll

Salaries

14,309.70

 

 

 

ROAD/BRIDGE FUND

 

 

Alltel

Uti

67.63

Ameritas Life Insur Corp

Ret

1,729.30

Aquila

Uti

169.13

Auto Value Parts Stores

Sup

203.48

Business World Products

Sup

26.50

Casey’s General Stores

Fuel

1,507.44

Century Lumber

Rep, sup

2,104.38

City of Geneva

Uti

47.60

Cornhusker IHC Trucks

Sup

26.05

Lloyd Dawson, Jr

Misc

25.00

Magdalene C Dawson

ROW, misc

3,650.00

Dorchester Coop

Fuel

12,729.28

Farm Plan

Sup

1,144.79

Fillmore Co Hosp

Ser

15.00

Filter Care of Nebr

Sup

14.45

Ft Dearborn Life Insur

Insu

120.65

Geneva Carquest

Sup

58.93

Geneva St Bank

SS

1,902.31

Geneva Welding & Sup

Sup

739.70

Grafton Oil

Fuel

672.98

Lichti Bros Oil

Fuel

638.85

Mid-Land Equip Co

Sup

850.24

Nebr Dept of Roads

Projects

32,531.31

Nebr-Iowa Fasteners

Sup

291.79

Nebr Signal

Ads, Sup

584.18

Nelson Petroleum

Sup, fuel

487.96

Nichols Construction

Gravel

22,766.11

Perennial Public Power Dist

Uti

55.94

Powerplan

Rep

755.72

Ralph’s Geneva Tire

Rep, sup

719.86

Donna Saltzman

Ser

30.00

Shickley Lumber Co

Sup

40.78

Superior Deshler Inc

Fuel

45.72

Sutton Lumber

Sup

1,344.00

Texaco

Fuel

53.00

Village of Fairmont

Uti

64.37

Weaver Pharmacy

Sup

29.96

Payroll

Salaries

26,067.38

 

 

 

TOURISM-ECONOM DEVELOPMENT

 

 

Siegel Display Products

Equ

163.28

 

 

 

MEDICAL/RELIEF

 

 

Pulmonary Specialist

Ser

54.13

York General Hospital

Ser

17.40

 

 

 

SENIOR SERVICES FUND

 

 

Dawg’s Smokehouse Café

HDM’s

79.85

Judy Dondlinger

Ser

100.00

Exeter Care Center

HDM’s

378.00

Exeter Golden Agers

USDA Sept

46.74

Fairmont Aging Services

USDA Sept

145.92

Ft Dearborn Life Insur

Insu

11.30

Gambles

Sup

13.44

Geneva Senior Center

USDA,Sept, rent, sup, misc

763.44

Susan Kerl

Ser

150.00

Nancy Kohler

Mile, mis

204.38

Jeannine Krejci

Ser

90.00

Elizabeth M Manning

Ser

120.00

Nebr Signal

Sup, ads

201.90

Ron’s Tavern

HDM’s

184.00

Rhonda Stokebrand

Mile

81.75

JoAnn Vavra

Ser

101.25

Venbrook Insur Services

Insu

310.00

 

 

 

COPS GRANT FUND

 

 

Ft. Dearborn Life Insur

Insu

5.65

 

 

 

HOSPITAL OPERATING FUND

 

 

Fillmore Co Hospital

Nov taxes

1,574.32

 

 

 

NOXIOUS WEED FUND

 

 

Alltel

Uti

39.53

Merlin Ehmen

Rent, sup

231.10

Ft Dearborn Life Insur Co

Insu

2.26

Grafton Mini-Mart

Fuel

 202.17

 

 

 

911 EMERGENCY COMMUNICATIONS

 

 

Alltel Commun

Ser

943.95

Geneva TV &  Appliance

Sup

54.35

 

CLAIMS

 

            Capek 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.

 

AMENDED FEMA GRANT

 

            Simacek moved and Yates seconded the motion to authorize the Chairman to sign the Sub-Recipient Amendment to EMK-2004-GR-2004 for $1,434.67. Upon roll call, the vote was as follows:

 

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

Nays: None

           

            The Chairman declared the motion carried.

 

REPORTS, MISCELLANEOUS INFORMATION

 

            The December minutes of the Fillmore County Visitors Committee, the Public Health Solutions Director’s Report for November and the Public Health Solutions Board minutes for October were reviewed and ordered placed on file in the County Clerk’s office.

 

            The State Historical Society will be considering the Dempster-Sloan House in Geneva for addition to the National Register of Historic Places in January.  Comments on the application can be made before the January 7th meeting date.

 

            The Department of Environmental Quality sent notification of an application for a permit to construct and operate a “Livestock Waste Control Facility” for property located in the S ½  Sec. 31-6-2, Chelsea Township.  The notice was forwarded to the Planning and Zoning Administrator.

 

FEE REPORTS

           

            Cerny moved and Mueller seconded the motion to approve the following fee reports for November:

                       

            County Clerk - $ 6,880.40       Clerk of Dist. Court - $305.00          Sheriff - $1,161.53

 

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.

 

ELECTED TO NIRMA BOARD

 

            Chairman Kimbrough announced that Supervisor Cerny, a candidate for the NIRMA Board of Directors was elected to that position at the NIRMA Annual Meeting December 8th.  The term is for three years.

 

SILT CLEANING PERMIT

 

            Mueller moved and Galusha seconded the motion to approve the following application for a permit to clean silt from a road ditch:

 

            Steve Rhodes – to clean silt from the road ditch adjacent to the E ½ SW ¼ of Sec. 32-8-1, Exeter Township

 

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.

 

CHAIRMAN SIGNS CONTRACT FOR ENGINEERING SERVICES

 

            Chairman Kimbrough signed the contract with Speece-Lewis Engineers for consulting engineering services as approved by the Board at the November 9th meeting.

 

ASPHALTIC CONCRETE OVERLAY – 11 & 12-5-4, BRYANT TOWNSHIP

 

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

 

RESOLUTION NO. 2004-33

 

PROGRAM RESOLUTION

 

Fillmore County

                                                                                                                        Project No. – in Shickley

 

            WHEREAS:  Certain roads and streets in said county have been designated as being eligible for federal funds by the Federal Highway Administration in compliance with federal laws pertaining thereto, and

 

            WHEREAS:  Said county desires to improve a certain portion of the county road system in said county, more fully described hereinafter, now therefore,

 

            BE IT RESOLVED: That the Department of Roads is hereby requested to act for said county and to program for construction that portion of county road described as     Beginning 0.31 miles north of the SW corner of Sec. 12-T5N-R4W; thence north 0.69 miles: (West edge of Shickley, Nebraska.),

 

and which construction includes:  Surfacing – 6” Asphaltic Concrete Overlay

 

The estimated cost of such improvement:   Bituminous Surfacing  $150,000.00

 

Surveys and Plans will be made by Speece-Lewis, Inc.

 

            BE IT FURTHER RESOLVED: That the chairman of the county board is authorized to sign this resolution on behalf of said board and that the county board hereby approves the above contemplated construction prior to first submitting of said project to the Federal Highway Administration.

 

            BE IT FURTHER RESOLVED: That sufficient funds of said county are now, or will be, available and are hereby pledged to the Department of Roads in the amount and at the required time for the purpose of matching federal funds available for the contemplated construction.

 

            Adopted this 14th day of December 2004, at Geneva, Nebraska.

 

Upon roll call, the vote was as follows:

 

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

Nays: None

           

            The Chairman declared the resolution adopted.

 

ASPHALTIC CONCRETE OVERLAY – 35 & 36, GENEVA TOWNSHIP

 

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

 

RESOLUTION NO. 2004-34

 

PROGRAM RESOLUTION

 

Fillmore County

                                                                                                                        Project No. – in Geneva

 

WHEREAS:  Certain roads and streets in said county have been designated as being eligible for federal funds by the Federal Highway Administration in compliance with federal laws pertaining thereto, and

 

            WHEREAS:  Said county desires to improve a certain portion of the county road system in said county, more fully described hereinafter, now therefore,

 

            BE IT RESOLVED: That the Department of Roads is hereby requested to act for said county and to program for construction that portion of county road described as     Beginning near the SW corner of Sec. 36-T7N-R3W; thence north 0.73 miles: (West edge of Geneva, Nebraska.),

 

and which construction includes:  Surfacing – 2” and 6” Asphaltic Concrete Overlay

 

The estimated cost of such improvement:  Bituminous Surfacing, 0.73 miles     $130,000.00

 

Surveys and Plans will be made by Speece-Lewis, Inc.

 

            BE IT FURTHER RESOLVED: That the chairman of the county board is authorized to sign this resolution on behalf of said board and that the county board hereby approves the above contemplated construction prior to first submitting of said project to the Federal Highway Administration.

 

            BE IT FURTHER RESOLVED: That sufficient funds of said county are now, or will be, available and are hereby pledged to the Department of Roads in the amount and at the required time for the purpose of matching federal funds available for the contemplated construction.

 

            Adopted this 14th day of December 2004, at Geneva, Nebraska.

 

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.

 

LETTER OF THANKS

 

            The Board signed a letter of thanks to Ann Copple.  Mrs. Copple has generously loaned many beautiful Christmas decorations for the courthouse interior.

 

SALE OF LAND TO STRANG VILLAGE

 

            The County Clerk advised the Board that the deed for the tract of land purchased by the County for the Village of Strang for sign purposes had been recorded.  The Clerk’s office is holding a check for $250 from the Strang NCIP to pay for the land for the Village.  The next step is for the County Attorney to prepare a deed to transfer the land from the County to the Village of Strang.

 

            Mueller moved and Yates seconded the motion to authorize the County Attorney’s office to proceed with the paperwork necessary to deed the tract of land in the SE ¼ of Sec. 7-5-2, Belle Prairie Township to the Village of Strang, as previously approved. Upon roll call, the vote was as follows:

 

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

Nays: None                              Not voting: Cerny

           

            The Chairman declared the motion carried.

 

MILEAGE RATE

 

            Yates moved and Galusha seconded the motion to set the mileage rate for travel on county business for 2005 to 40.5 cents per mile as determined by the Nebraska Department of Administrative Services and the rate for the Sheriff at 43.5 cents per mile for serving papers.  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, Capek moved and Cerny seconded the motion to go into session as the Fillmore County Board of Equalization at 10.37 a.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.

 

TAX CORRECTIONS

 

            Cerny moved and Mueller seconded the motion to approve Tax Corrections No. 01-04 through No. 13-04 as presented by the County Assessor. Upon roll call, the vote was as follows:

 

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

Nays: None                              Abstaining due to conflict of interest: Simacek

           

            The Chairman declared the motion carried.

 

AG LAND VALUES

 

            Because of higher priced land sales in the northeast part of the county, the appraiser and assessor have created Valuation Area Three. This was necessary to keep the valuation of agricultural land within the guidelines set by the Nebraska Property Assessment and Taxation Department

 

RETURN TO REGULAR SESSION

 

            Capek moved and Yates seconded the motion to adjourn the Fillmore County Board of Equalization and return to regular session of the Fillmore County Board at 11.10 a.m.  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.

 

EMERGENCY MANAGEMENT REPORT

 

            Emergency Management Coordinator Marshall reported on changes in requirements for FEMA grants for 2005.  The requirements for 2005 will require more training for fire departments, EMT’s, and any other agency or sub-division receiving equipment through these grants.  More publicity about the grants and the type of community involvement required will be made available in the near future.

 

            Bids for the communications tower are about ready to go out.  Bids for the communications console are also about ready.  Immediate service on the tower and console is a requirement for consideration when bids are reviewed.

 

B & E SUBDIVISION

 

            Planning and Zoning Administrator Slezak submitted the plat for the B & E Subdivision, located in the SW ¼ of Sec. 29-7-2, Madison Township.  This tract is within the City of Geneva Zoning area but it is also a rural tract, so approval by the County Board is needed.

 

            Yates moved and Simacek seconded the motion to approve the plat of the B & E Subdivision, previously approved by the City of Geneva, as follows:

 

            A tract of land located in the Southwest Quarter (SW ¼) Section 29, Township 7 North, Range 2 West of the Sixth P.M., Fillmore County, Nebraska, more particularly described as follows:

 

            Commencing at the Northwest Corner said Southwest Quarter (SW ¼) and Place of Beginning, thence N89o31’58”E (assumed bearing) along the north line said Southwest Quarter (SW ¼) a distance of 350.50 feet; thence S00o32’23”E a distance of 222.91 feet; thence S39o25’12”W a distance of 257.32 feet; thence S58o15’04”W a distance of 234.24 feet to the west line said Southwest Quarter (SW ¼); thence N-00o00’00”E along said west line a distance of 542.00 feet to the Place of Beginning, containing 3.40 acres of which 0.41 acres contained in the west 33.00 feet thereof is presently being used as a public road.

 

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.

 

SURVEY PLAT

 

            Countywide Planning and Zoning regulations require a survey or plat for any subdivision in it’s jurisdiction, whether rural or village.  The City of Geneva regulations recommend a survey or plat but do not require them.  In order to be consistent in the one mile zoning area outside the city limits adjacent to rural land, it was recommended that the County pass a resolution requiring a survey or plat for any subdivision in the one-mile area.  This would put them under the same rules as the other villages are required to follow in the one-mile area.

 

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

 

RESOLUTION NO. 2004-35

 

            WHEREAS, the City of Geneva Planning and Zoning Regulations do not require a plat or survey for a subdivision in their one mile zoning area outside the city limits, and

 

WHEREAS, The villages that are members of the County-wide Zoning Plan for Fillmore County require a plat or survey to be filed for subdivisions within the one mile zoning area outside of their village limits,

 

WHEREAS, in order to be consistent in filing requirements in the one-mile zoning area in all cities and villages within Fillmore County,

 

NOW THEREFORE Be It Resolved by the County Board of Supervisors of Fillmore County that a plat or survey be required for any subdivision within the one-mile zoning area of all cities and villages in Fillmore County, effective December 14, 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.

 

SUBDIVISION RULES

 

            A verbal request to the Zoning Administrator from the Fillmore Western Railway for exemption from subdivision requirements for a tract of land in Burress was discussed.  The consensus was that there should be no exception from the regulations.

 

CONTRACT FOR PUBLIC DEFENDER SERVICES

 

            The revised contract for Public Defender services from January 1, 2005 through June 30, 2006 was reviewed. 

 

            Simacek moved and Mueller seconded the motion to approve the contract for Kalkwarf & Smith to provide services as Public Defender for the period from January 1, 2005 through June 30, 2006.  Upon roll call, the vote was as follows:

 

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

Nays: None                              Not voting: Cerny

           

            The Chairman declared the motion carried.

 

ADJOURNMENT

 

            As there was no other business to come before the Board, the Chairman declared the meeting adjourned until 9.00 a.m., December 28, 2004.

 

____________________________________                                  ___________________________________

Attest                                                                                            Chairman

__________________________________________________________________________________________