December 28, 2004

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

December 28, 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.

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 12.10 p.m.

MINUTES APPROVED

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

HOSPITAL AUDIT

The audit of the Fillmore County Hospital, d/b/a Family Health Services for the 2003-04 fiscal year was submitted. Further reference will be made.

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, Reim – Reimbursement, Rep – repairs, Ret – retirement, Ser - services, SS – social security, Sup – supplies, Uni – uniform allowance, Uti – utilities, Wksh – workshop expense.

GENERAL FUND
Alltel	Uti	$ 137.55
Alltel	Cellular	403.43
Ameritas Life Insur Corp	Ret	3,883.34
Joseph Bixby, Atty	Ser	1,436.50
Blue Cross-Blue Shield	Insu	13,041.60
Blue Valley Community Action	Quarterly budget allocation	5,000.00
Bottorf & Maser, Atty	Ser	703.14
Joseph M Casson, Atty	Ser	1,990.25
Larry Cerny	Mile, sup	332.48
Marilyn Christiancy	Ret	25.00
City of Geneva	Rent	440.00
Computer Hardware, Inc.	Equ, sup	1,044.00
Duckwall-Alco Stores, Inc.	Sup	15.81
Embassy Suites	Workshop exp	1,496.00
Executive Copier Systems	Ser	94.30
Fillmore Co Hospital	Polling place	35.00
Fillmore Co Treasurer	Transfers, reim	14,096.37
Franklin Co Treasurer	Ser	8.54
Geneva St Bank	SS	4,180.98
Geneva St Bank	Rent, ser	60.00
Great Plains Appraisal	Ser	4,620.00
Norma Gregory	Ret	25.00
Heath, Inc	Rep	59.95
Heinisch Law Office	Ser	1,224.82
Hometown Leasing	Ser	374.00
JEO Consulting Group Inc	Ser	297.00
Jim’s Repair	Ser	36.75
Howard Johnson	Mile	78.75
Vicky Johnson	Post, dues	109.50
Kalkwarf & Smith Law Offices LLC	Ser, uti, mile, misc	2,688.36
Jim F Kotas	Mile	68.25
Gary Kudlacek	Mile	56.25
Annette Marget	Mile	36.00
Terry Marshall	Sup	123.95
Ann H McDonald	Ret	18.00
Microtek Solutions	Sup	143.00
Mid-American Research Chem Crop	Sup	712.15
Willard H Mussman	Ret	23.00
NACO	Sup	15.00
Nebr Fire Sprinkler Corp	Rep	841.00
Nebraska Signal	Sup	49.00
Nebr Technology & Telecomm	Uti	1,101.49
Region V Systems	Ser	1,210.00
Mary Saum	Wksh	62.18
The Sentinel	Sup	23.00
State of Nebr DAS/Surplus Property	Sup, equ	297.00
State of Nebr DAS	Ser	43.97
State of Nebr HHS Lab	Ser	103.82
Sunflower Marketing	Sup	162.00
Swanson Corp	Ser	37.53
Thayer Co Extension	Post	50.00
Thayer Co Sheriff	Ser	33.63
UN-L IS Telecommunications	uti	21.26
Carol Vejraska	Mile, misc	69.00
Village of Exeter	Rent	35.00
Village of Fairmont	Rent	35.00
Village of Ohiowa	Rent	35.00
Village of Strang	Rent	35.00
Walter F Stephens, Jr. Inc	Sup	53.70
West-Lite Corp	Sup	175.64
Eric Williams	Mile, wksh	230.25
York Boot ‘N Repair	Rep	25.00
Election Payroll	Workers	264.30
Vernon Berggren	Election	20.00
Merle Buzek	Election	20.00
Garold & Wilma Casper	Election	20.00
Chris Dunker	Election	20.00
John Mueller	Election	20.00
Melvin Nun	Election	20.00
Dale Stengel	Election	20.00
Herb Stoldorf	Election	20.00
Robert Ulmer	Election	20.00
Fillmore Co Ag Society	Rent	100.00
Grafton Fire Dept	Rent	35.00
ZCBJ Lodge	Rent	35.00
Payroll	Salaries	60,448.44
ROAD/BRIDGE FUND
Ace Agri Supply	Rep	70.65
Ameritas Life Insur Corp	Ret	1,729.30
Blue Cross-Blue Shield	Insu	9,563.87
Chaney Chemical Inc	Sup	194.45
Contech	Culverts	5,310.22
Dorchester Coop	Fuel	2,211.52
Drummond American	Sup	129.29
Dultmeier Sales	Equ	508.84
Farm Plan	Sup	66.96
Fillmore Co Shop	Post, misc	26.99
Fillmore Co Treas	Reim	250.00
Gambles	Sup, equ	823.42
Garbage Co	Ser	45.75
General Equip	Sup	39.41
Geneva St Bank	SS	1,911.47
Ralph Gould	Ret	18.00
Grafton Mini Mart	Fuel	64.64
Grafton Oil	Fuel	586.58
Grainger	Sup	92.76
Bernice Hall	ROW, misc	1,246.00
Elmer Hessheimer	Sup	130.39
Donovan Jirkovsky	Ret	25.00
Lichti Bros Oil	Fuel	725.48
Bernard M. Lovegrove, Trustee	Misc	528.00
Midwest Service & Sales	Sup	36.06
Nebraska Bolt	Sup	39.95
Nebr Machinery	Sup	759.99
NPPD	Uti	187.72
Nebr Technology & Telecomm	Uti	115.29
Nelson Petroleum	Fuel	588.96
Newman Traffic Signs	Sup	642.31
Orscheln	Sup	191.95
Overland Sand & Gravel	Gravel	5,086.46
Perennial Public Pow	Uti	34.24
Tom Pribyl	Misc	50.00
R D Scooter Franck Electric	Ser	527.77
Roit Repair	Rep	60.03
Speece Lewis Engineers	Ser	716.00
UNL T2 Center	Wksh	75.00
USIS Commercial Services Inc	Ser	29.90
Payroll	Salaries	26,187.38
TOURISM/ECONOMIC DEVELOPMENT
Fillmore County Development Crop	Mile, wksh	349.75
Milligan Auditorium	Reim	250.00
SE Nebr Travel Council	Dues	25.00
MEDICAL/RELIEF FUND
Weaver Pharmacy	Sup	1,038.05
INSTITUTIONS FUND
Nebr Health & Human Serv	November patient care	873.00
SENIOR SERVICES
Ameritas Life Insur Corp	Ret	264.31
Blue Cross—Blue Shield	Insu	869.44
Geneva St Bank	SS	315.94
Youth Rehab & Treatment Center	Rent	150.00
Payroll	Salaries	4,171.65
COPS GRANT FUND
Blue Cross-Blue Shield	Insu	434.72
Geneva St Bank	SS	140.25
Payroll	Salary	1,833.33
KENO FUND
Fairmont Aging Services	Grant	300.00
Fairmont Cemetery Assoc	Grant	1,000.00
Fairmont Chamber of Commerce	Grant	1,000.00
Fairmont Public Library	Grant	150.00
Fillmore Co Hosp Aux.	Grant	1,000.00
Fillmore Co Hospital Surgery Renovation	Grant	2,500.00
FMZ Association	Grant	1,000.00
GFWC Geneva Women’s Club	Grant	500.00
Geneva Arts Council	Grant	500.00
Geneva Ball Players Assoc	Grant	150.00
Milligan Boys & Girls Ball Program	Grant	750.00
Ohiowa Chamber of Commerce	Grant	200.00
Ohiowa Fire & Rescue	Grant	1,000.00
Q125 Committee	Grant	1,500.00
Shickley Vol Fire Dept	Grant	2,000.00
NOXIOUS WEED FUND
Ameritas Insur Corp	Ret	154.20
Blue Cross-Blue Shield	Insu	434.72
Geneva St Bank	SS	160.98
Payroll	Salaries	2,284.40

CLAIMS APPROVED

Yates moved and Simacek seconded the motion to approve the payroll and claims as presented. 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.

ALTERNATE TO SENDD

The SENDD organization has asked that Fillmore County appoint an alternate member to represent the county if the Robert Mueller is unable to attend the SENDD board meetings.

Mueller moved and Galusha seconded the motion to appoint Kimbrough as alternate representative for the Fillmore County Board to attend SENDD meetings if the regular appointed representative, Robert Mueller, is unable to attend. Upon roll call, the vote was as follows:

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

Nays: None Abstaining: Kimbrough

The Chairman declared the motion carried.

SILT CLEANING PERMITS

Capek moved and Galusha seconded the motion to approve the following applications for silt cleaning permits:

Steve Heinrichs – to clean silt from a road ditch adjacent to the south side of the east 2/3 of the SW ¼ and the west ¼ of the SE ¼ of Sec. 17-5-4, Bryant Township,

David Portwood – to clean silt from a road ditch adjacent to the north side of the NE ¼ of Sec. 30-5-4, Bryant 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.

PERMIT TO OCCUPY ROAD RIGHT-OF-WAY

Galusha moved and Yates seconded the motion to approve the application of Mildred Fischer for permission to occupy county right-of-way for installation of an underground electric line across a public road between the SE ¼ of Sec. 18 and the NE ¼ of Sec. 19-8-4, Bryant Township, and that said Mildred Fischer shall assume all liability for the construction, maintenance, and repair of said underground electric line. Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the motion carried.

UTILITY LINE AGREEMENTS

Two agreements with Perennial Public Power for moving utility lines on box culvert projects were presented.

Galusha moved and Yates seconded the motion to approve agreements with Perennial Public Power to move utility lines on projects #FIC-30(283) in Sec. 15-5-2, Belle Prairie Township, and #BR-2725-(5) in Sec. 12-6-4, Momence Township and to authorize the Chairman to sign the agreements. 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.

REPLACE BRIDGE RAIL

The Highway Superintendent reported that he had requests to remove concrete bridge rail from a bridge located between Sec. 2 and 3-8-1, Exeter Township, because of the height of the railing and the width between the railings. The size of the bridge requires that it have railing. If the Board approved removing the concrete, the Highway Superintendent suggested steel railing at a height of 18 inches.

Mueller moved and Simacek seconded the motion to remove the concrete railing on the bridge between Sec. 2 and 3-8-1, Exeter Township, and to replace it with 18 inch steel guard rail. 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.

BRIDGE BETWEEN SEC. 12 AND 13-6-3, STANTON TOWNSHIP

Jim Reinsch, Fred Nunns, Lambert Hopken, and attorney Chet Pohling expressed concern about the increased stream flow downstream from the proposed box culvert project between Sec. 1 and 12-6-3, Stanton Township. The location of the box culvert and its’ inlet was a concern of Fred Nunns. Jim Reinsch suggested that the downstream bridge on Road 14 just south of the intersection with Road M should be replaced first. Engineer Lewis explained that the proposed project was not scheduled until after replacement of two bridges downstream, one just south of the intersection of Roads 16 and L and a second just east of that intersection. This project is not scheduled until 2006 or 2007. Future reference will be made.

BOX CULVERT BIDS

Box culvert bids were opened at 10.20 a.m. Engineer Lewis announced that the county reserved the right to remove dirt work from the bids. Bidders were given the option to tie the projects together (tied). The following bids were received:

	Project		Project
Bidder, Address	FIC-30(246)	Amount	FIC-30(283)	Amount
Cement Products Co., North Platte	Full project	$ 121,593.80	Full project	$ 78,428.05
	No dirt work	71,200.05	No dirt work	48,484.50
L. J. Webb, Contractor, Geneva (tied)	Full project	88,400.47	Full project	65,424.08
	No dirt work	64,595.60	No dirt work	48,756.80
Van Kirk Bros. Construction, Sutton (tied)	Full project	84,011.14	Full project	62,931.96
	No dirt work	64,954.79	No dirt work	47,478.56
TCW Construction, Lincoln	Full project	117,821.09	Full project	87,009.32
	No dirt work	90,406.89	No dirt work	67,605.77
WAW Construction, Inc., Stromsburg (tied)	Full project	93,288.64	Full project	70,848.54
	No dirt work	71,544.59	No dirt work	54,755.10

The Engineer reviewed the bids and reported to the Board later in the meeting.

SICK DAY BANK COMMITTEE

The new personnel manual provides for a sick day bank and a governing committee. The committee is composed of a County Board member and two department heads or elected officials, appointed by the County Board.

Galusha moved and Capek seconded the motion to appoint Yates to represent the County Board, and Elmer Hessheimer and Joan Ackland the remaining vacancies, term length to be determined later. 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.

SIGN DEED TO STRANG VILLAGE

Yates moved and Cerny seconded the motion to authorize the Chairman to sign the deed to the Village of Strang for a tract of land located in the SE ¼ of Sec. 7-5-2, Belle Prairie Township, a transaction approved in Book 15, Page 699 of Supervisors Minutes. Upon roll call, the vote was as follows:

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

Nays: None Abstaining: Kimbrough

The Chairman declared the motion carried.

TAX FORECLOSURE RESOLUTION

Cerny moved and Mueller seconded the following resolution:

RESOLUTION NO. 2004-36

WHEREAS, the County Treasurer of Fillmore County has reported in writing to the County Board setting out a complete list of all parcels of real estate in the county on which taxes are delinquent and which were not sold for want of bidders at the last annual tax sale held in Fillmore county and said real estate taxes have been delinquent for a period of three or more years.

WHEREAS, The County Board has examined the same and while it may direct the issuance of tax sale certificates to the county upon any parcel of real estate upon which there are any delinquent taxes, it shall, as to all parcels of real estate upon which taxes are delinquent for three or more years, either enter an order directing the foreclosure of the lien of such taxes or shall enter an order for the County Treasurer to issue tax sale certificates to the county covering the delinquent taxes upon such parcels for real estate, to be foreclosed in the manner provided in Section 77-1901 to 77-1918, Nebr. R.S.

WHEREAS, more than two consecutive years have elapsed upon real estate which has been offered for sale and not sold for want of bidders; and

WHEREAS, more than three years will have elapsed since the issuance of such respective certificates of tax sale and by reason thereof the right of redemption of the owners or claimant of such respective tract has expired.

BE IT NOW RESOLVED that the County Board shall direct the County Attorney to commence foreclosure on such liens or certificates on all real estate which has heretofore been advertised and offered for sale and remains unsold for want of bidders and certificates of tax sale issued thereupon.

Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the resolution adopted.

PERSONNEL POLICY AGREEMENT

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

RESOLUTION NO. 2004-37

WHEREAS, County employees are directly responsible to an elected official or the County Board;

WHEREAS, elected officials, in working with their employees, may develop different employment practices and policies than used by other offices; and

WHEREAS, different practices and policies can result in disharmony among the body of County employees;

THEREFORE, the undersigned elected officials of Fillmore county adopt a joint employee handbook, which provides employment practices and policies common to all offices and departments of the undersigned.

Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the resolution adopted.

RURAL SUBDIVISION

The Planning and Zoning Administrator submitted an application and plat for an administrative subdivision of a tract of land in the NE ¼ of Sec. 20-7-2, Madison Township, Albert and Patty Simacek owners. He advised the Board that the documents met the requirements for an administrative subdivision.

Mueller moved and Galusha seconded the motion to approve the application for Administrative Subdivision of a tract of land in the NE ¼ of Sec. 20-7-2, Madison Township, described as follows:

A tract of land located in the NE ¼ of Section 20, T7N, R2W, of the 6^th P.M., Fillmore County, Nebraska, described as follows:

Commencing at the NW corner of said NE ¼; thence S90^o00’00”E (assumed bearing) on the north line of said NE ¼, 740.0 feet to the point of beginning; thence continuing S90^o99’00”E on said north line, 540.00 feet; thence S0^o11’56”W, 483.00 feet; thence N90^o00’00”W, parallel with the north line of said NE ¼, 540.00 feet; thence N00^o11’56E, 483.00 feet to the point of beginning. Containing 5.99 acres more or less.

Upon roll call, the vote was as follows:

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

Nays: None Abstaining due to conflict of interest: Simacek

The Chairman declared the motion carried.

CULVERT BIDS

County Engineer Lewis recommended that the low bid submitted by Van Kirk Brothers Contracting for the culvert projects opened at 10.20 a.m. be accepted, with the county doing the dirt work on project FIC-30-(283).

Mueller moved and Simacek seconded motion to accept the bid from Van Kirk Brothers Contracting for culvert project FIC-30(246) totaling $84,011.14, with the contractor doing the grading, and for FIC-30(283) totaling $47,478.56 with the county doing the dirt work. 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.

HOSPITAL REPORT

The November financial report and minutes of the November governing board meeting for the Fillmore County Hospital were reviewed and ordered placed on file in the Clerk’s office. The following is a synopsis of the minutes for November 2004.

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The Family Health Services Governing Board met in regular session on November 18, 2004 at 4.00 p.m. in the CAMED room, Chairman Kotas presiding. Members present were Nelson, Johnson, Marget and Eichelberger. Kudlacek was excused. Also present were Lulf and Tom Stevenson, CPA.

Mr. Stevenson reviewed the audit report. It was moved and seconded to accept the report. Carried 4-0.

The minutes of the last meeting were approved as presented.

The legal documents for the renovation project have been completed. Options for electrical service and the cost and type of roof top units for the renovated area were discussed. The most recent budget for the project was discussed.

The area around the where the underground storage tanks were buried and test wells drilled showed no problems.

It was moved and seconded to approve the data and financial reports and the check register. Carried 4-0.

The first Women’s Health clinic was held in the specialty clinic. The number of visits was not available. The specialty clinic report through October was 3036 in 2004 compared to 3078 in 2003.

The meeting adjourned by unanimous consent. The next meeting of the Governing Board will be held December 15, 2004 in the CAMED room.

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RESIGNATION OF COUNTY CLERK

The Chairman read a letter of resignation from County Clerk Carol Vejraska, effective May 1, 2005. ‘The position will be advertised in January and interviews held in February. Tentative plans are to have the new appointee on the payroll April first or earlier if possible, in order to become familiar with the responsibilities of the position.

Cerny moved and Galusha seconded the motion to accept the resignation with regret. 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.

ADJOURN SINE DIE

As there was no other business to come before the board, the Chairman declared the meeting adjourned Sine Die.

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Attest Chairman

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