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 14th 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 6th P.M., Fillmore County, Nebraska, described as follows:

 

Commencing at the NW corner of said NE ¼; thence S90o00’00”E (assumed bearing) on the north line of said NE ¼, 740.0 feet to the point of beginning; thence continuing S90o99’00”E on said north line, 540.00 feet; thence S0o11’56”W, 483.00 feet; thence N90o00’00”W, parallel with the north line of said NE ¼, 540.00 feet; thence N00o11’56E, 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.

 

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

 

            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.

 

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

 

 

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.

 

____________________________________                                          ___________________________________

Attest                                                                                             Chairman

__________________________________________________________________________________________