February 8, 2005

 

The Fillmore County Board of Supervisors convened in open and public session at 9.00 a.m. February 8, 2005, in the Courthouse Boardroom in Geneva, Nebraska with Chairman Kimbrough presiding.   Members present were Yates, Simacek, Galusha, and Capek. Mueller arrived at 9.10 a.m. and Cerny left at 11.00 a.m.  Beth Wilkins was a visitor at the morning session of the meeting. 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 3.20 p.m.

 

MINUTES APPROVED

 

            As there were no additions or corrections to the minutes of the meeting of January 25, 2005, the Chairman declared them approved as presented.

 

REPORTS

 

            The Chairman noted that the KENO Fund audit noted a problem with winning tickets that were unsigned by an authorized staff member as required by state regulations.  The audit indicated that the operators were made aware of the problem and were taking care of it.

 

            The December 2004 reports for the Fillmore County Service and the Family Health Services Governing Board were reviewed and ordered placed on file in the Clerk’s office.

 

            The following is a synopsis of the December minutes of the Family Health Services Governing Board:

 

The Family Health Services Governing Board met December 16, 2004 at 4.00 p.m. in the CAMED room with Chairman Kotas presiding.  Members present were Nelson, Kudlacek, Johnson, Marget and Administrator Eichelberger.  Lulf was also present.

 

The minutes of the November meeting were accepted as presented.

 

The budget for the renovation project now stands at $1,136,000.  The loan papers are being finalized and will be presented to the County Attorney and Leasing Corporation President.  Donations to date are $178,000.  A grant application is also being worked on.

 

The hospital data and financial reports, and check register listing were presented.

 

It was moved and seconded to accept the report as presented.  Carried 5-0.

 

Totals for the specialty clinic for November 2004 are 288 compared to 283 in 2003.  2004 year to date totals are 3,324 compared to 3,361 for 2003.

 

The Board meeting dates for 2005 were presented.

 

The need to replace the vehicle used for dietary consultation travel was discussed.  Consensus was to trade in the 1995 Dodge Intrepid for a new vehicle.

 

As there was no other business to come before the Board, it was moved seconded and carried that the meeting adjourn until January 20, 2005 at 4 p.m. in the hospital CAMED room.

 

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FEE REPORTS

 

Yates moved and Simacek seconded the motion to approve the following fee reports for January 2005:

 

County Clerk:  $12,053.59       Clerk of District Court:   $240.00                     Sheriff:  $1,089.68

 

Upon roll call, the vote was as follows:

 

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

Nays: None

 

The Chairman declared the motion carried.

 

CLAIMS

The claims were presented for payment.  The following abbreviations describe the expenditures:  Equi – 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

  $    2,964.88

Alltel

Uti

423.08

Ameritas

Ret

577.42

Aquila

Uti

2,803.98

Assurity Life Insur Co

Ser

348.00

Auto Value Parts Stores

Sup

13.98

Ian Barnett

Uni

35.00

Blue Cross – Blue Shield

Insu

13,041.60

William L. Burgess

Uni, sup

44.58

Daryl L Callenius

Uni, fuel, misc

64.02

Carmichael Business Systems

Sup

208.00

Century Lumber Cent

Sup

22.77

Larry Cerny

Reimbursement

298.09

City of Geneva

Uti

117.10

Clay County Sheriff

Ser

31.78

Crossroads Awards

Sup

84.00

DAS Communications

Rent

350.00

Executive Copier Systems

Ser

50.08

Fillmore Co Clerk

Filings

36.50

Fillmore Co Develop Corp

2nd quarter budget

8,750.00

Fillmore Co Sheriff

Fees

309.36

Fillmore Co Treas

Reim, transfers

207.801.72

Ft Dearborn Life Insu Co

Insu

184.92

Franklin Co Treas

Sup

4.42

Geneva St Bank

SS

955.98

Jeremy Goeken

Uni, misc

40.34

Dean N Hansen, Atty

Ser

225.00

Heath Inc

Rep

50.00

Terry Hejny

Mile, uti

153.11

Hometown Leasing

Ser

211.25

Lancaster Co Sheriff

Ser

62.50

Patty A Lentfer

Mile

21.06

Mid-American Res Chem Corp

Sup

298.53

MIPS/Co Solutions LLC

Sup

151.00

Bob Mueller

Mile

117.00

Richard Mueller/Tom Biegert

Rent

625.00

Nebraska Signal

Ads, pro

1,533.36

Nebr State Recycling

Dues

175.00

Nelson Petro Co

Fuel

452.72

Mary Novak

Mile, misc

80.52

Phillips 66

Fuel

812.38

Redfield & Co

Sup

306.72

Steve G Roemmich

Uni

35.00

Patty Scarborough

Mile

60.75

Thayer Co Extension Serv

Sub

25.00

Trailblazer RC & D

Dues

100.00

Nancy Waldron

Ser

1,227.58

Joseph N Bixby, Atty

M H Board

60.00

Mary L Saum

M H Board

55.00

Dr. Carroll Verhage

M H Board

60.00

Lori Wewell

Ser

100.00

Payroll

Salaries

12,710.92

 

 

 

ROAD/BRIDGE FUND

 

 

Alltel

Uti

67.75

Ameritas Life Insur Corp

Ret

1,655.89

Andrews Electric Co Inc

Rep

688.16

Aquila

Uti

1,320.54

Auto Value Parts Stores

Sup

240.75

Blue Cross-Blue Shield

Insu

9,563.87

Business World Products

Ser

26.50

Century Lumber

Sup

324.96

City of Geneva

Uti

44.50

Direct Safety Co

Sup

142.79

Don’s Signs

Sup

702.35

Farmers Coop

Fuel

888.58

Ft Dearborn Life Insur Co

Insu

118.24

Geneva Carquest

Sup

82.81

Geneva St Bank

SS

1,799.97

Geneva Welding

Rep, sup

731.66

Grafton Oil

Fuel

526.99

Lichti Bros Oil Co

Fuel

853.86

Matt Friend Trk Equip

Sup

31.25

Michl Serv

Fuel

72.00

Mid-Amer Research Chem

Sup

20.30

Mike’s Radiator & Tire

Ser

60.00

Nebraska Signal

Ads

43.25

Nelson Petrol

Fuel, sup

1,293.22

Perennial Pub Power

Uti

52.49

Powerplan

Sup

156.31

Roit Repair

Rep

35.40

Texaco/Shell

Fuel

88.55

Village of Fairmont

Uti

18.86

Payroll

Salaries

24,771.93

 

 

 

SENIOR SERVICES FUND

 

 

Blue Cross-Blue Shield

Insu

869.44

Judy Dondlinger

Ser

90.00

Exeter Care Center

HDM’s

479.50

Exeter Golden Agers

USDA makeup pmt, 3rd qtr advan

277.59

Fairmont Aging Serv

USDA makeup pmt, 3rd qtr advan

1,738.25

Ft Dearborn Life Insu

Insu

11.30

Geneva Senior Cen

USDA makeup, 3rd qtr, misc

2,494.30

Susan Kerl

Ser

99.67

Nancy Kohler

Mile

141.35

Jeannine Krejci

Ser

70.00

Elizabeth M Manning

Ser

110.00

Nebr Signal

Ad

24.00

Pioneer Publ

Ad

18.00

Ron’s Tavern

HDM’s

164.00

Rhonda Stokebrand

Mile

15.59

JoAnn Vavra

Ser

120.00

 

 

 

COPS GRANT

 

 

Blue Cross-Blue Shield

Insu

434.72

Ft Dearborn Life Insur

Insu

5.65

 

 

 

NOXIOUS WEED FUND

 

 

Alltel

Uti

39.71

Blue Cross-Blue Shield

Insu

434.72

Merlin Ehmen

Rent

210.00

Ft Dearborn Life Insu

Insu

2.26

Platte Valley Commun

Uti

30.00

Nebr Dept of Ag

Wksh

90.00

 

CLAIMS APPROVED

 

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

 

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

Nays: None                              Abstaining: Mueller       Abstaining due to conflict of interest: Yates

 

The Chairman declared the motion carried.

 

DEPOSIT OF SURPLUS FUNDS

 

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

 

RESOLUTION NO. 2005-03

 

WHEREAS, Section 77-2318, Revised Statutes of Nebraska, provides among other things that when county funds exceed 50% of the said capital of all banks of the county, then the Treasurer, with the consent of the County Board, may deposit an amount in excess thereof, but not exceeding capital in any one bank, and

 

            WHEREAS, the County Board has by resolution informed the County Treasurer of Fillmore County that all of the Banks of Fillmore County have been designated as depositories for monies that the County Treasurer may have in her possession, and

           

            WHEREAS, under provisions of Sec. 77-2314, Revised Statutes of Nebraska, the County Treasurer shall not have a preference to any one of the banks in which she may so deposit.  The County Treasurer may select one or more banks to be used for active accounts in which she may keep deposited in excess of these requirements only such funds as may be necessary for the transaction of ordinary day-to-day requirements, and

           

            WHEREAS, for the purpose of Sec. 77-2314, Revised Statutes of Nebraska, capital shall mean capital stock, surpluses, undivided profits, capital notes or debentures, and other unimpaired reserves, and

 

            WHEREAS, paid up capital at Fillmore County Banks is as follows:

 

              First National Bank of Exeter                                                              $  3,257,985.00

              Farmers State Bank of Fairmont                                                         $  1,123,864.00

              Geneva State Bank of Geneva                                                                        $12,772,852.00

              York State Bank & Trust Company of Geneva & York                                  $17,151,405.37

              Cornerstone Bank of York and Geneva                                                          $31,509,127.11

              Farmers and Merchants Bank of Milligan                                            $  2,308,168.47, and

 

                        WHEREAS, from time to time, the County Treasurer has on hand and will have on hand for deposit, county money that should be deposited for safekeeping in excess of the amount permitted under the statute:

 

            NOW THEREFORE, Be It Resolved, that the County Treasurer of Fillmore County be and hereby is, authorized to deposit in the aforesaid banks in Fillmore County during 2005, county funds in her possession in a sum equal to but not in excess of the said capital of said banks, provided that said depository bank or banks shall secure said deposits by pledges of the assets of said bank as provided in section 77-2318, Revised Statutes of Nebraska, but she shall not at any time have in said bank county funds in excess of 90% of the bonds deposited by said bank as security plus the $100,000 covered and protected by the Federal Insurance Deposit Insurance Corporation.  Bond shall be required of all banks and capital stock financial institutions for such excess deposit unless security is given in accordance with Section 77-2318.01, Revised Statutes of Nebraska.

 

Upon roll call, the vote was as follows:

 

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

Nays: None

 

The Chairman declared the resolution adopted.

 

REQUESTS TO OCCUPY COUNTY RIGHT-OF-WAY

 

            Mueller moved and Yates seconded the motion to grant a permit to Alltel Communications to place a temporary underground communications line across a public road between Sec. 25 and 26, and Sec. 35 and 36-7-1, Liberty Township; and to grant a permit to Robert G. Lovegrove to place an underground electric line across a public road between the SW ¼ of Sec. 26 and the SE ¼ of Sec. 27-8-3, West Blue Township, and that said Alltel Communications and Robert G. Lovegrove shall assume all liability for the construction, maintenance, and repair of said communications and electric lines.  Upon roll call, the vote was as follows:

 

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

Nays: None

 

The Chairman declared the motion carried.

 

HEARING ON ONE AND SIX-YEAR ROAD PLAN

 

            The hearing on the One and Six-Year Road Plan opened at 9.45 a.m. as advertised. No members of the public attended the hearing to testify.  The Highway Superintendent reported that he had changed the One-year program to reflect the change adopted at the January 25th meeting, dropping the box culvert project between Sec. 1 and 12-6-3, Stanton Township. The hearing was held open until 10.15 a.m.

 

ADOPT ONE AND SIX-YEAR ROAD PLAN

 

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

 

RESOLUTION NO. 2005-04

 

ACCEPTING THE ONE AND SIX YEAR HIGHWAY IMPROVEMENT PROGRAM FOR THE COUNTY OF FILLMORE, NEBRASKA.

 

            BE IT RESOLVED by the Chairman and Supervisors of Fillmore County that:

 

              It is hereby found and determined that:

 

(1)    The program for distribution of the Highway Allocation Funds provides additional funds to counties for road-related maintenance and construction.

 

(2)    In order to qualify for said funds the County must, among other things, prepare an annual One (1) and Six (6) Year Program for highway improvements, conduct a local public hearing and submit the results to the Board of Public Roads Classification and Standards.

 

(3)    The County of Fillmore, Nebraska does hereby adopt the 2005 -2006 One (1) and Six (6) Year Program as proposed by the Fillmore County Highway Superintendent, with the following changes: 

 

                                                                        NONE

 

Upon roll call, the vote was as follows:

 

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

Nays: None

 

The Chairman declared the resolution adopted.

 

OTHER ROADS DISCUSSION

 

            First Street at the west edge of Geneva and Road 6 from Highway 74 to the south city limits of Shickley have spots needing repairs before the proposed armor coating project is let in 2006.  The Highway Superintendent will have figures on the cost of repairs at a later date. 

 

            The County Attorney is researching the laws on drainage of waterways on private property for the County Board.

 

BOARD OF EQUALIZATION

 

            At the request of the County Assessor and County Treasurer, Mueller moved and Simacek seconded the motion to go into session as the Fillmore County Board of Equalization at 10.50 a.m. Upon roll call, the vote was as follows:

 

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

Nays: None

 

The Chairman declared the motion carried.

 

MOTOR VEHICLE TAX EXEMPTION

 

            Galusha moved and Cerny seconded the motion to approve the application of Grafton Holy Cross Catholic Cemetery for exemption from Motor Vehicle Tax on a 1996 two wheel utility trailer. Upon roll call, the vote was as follows:

 

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

Nays: None

 

The Chairman declared the motion carried.

 

HEARING ON PERMISSIVE EXEMPTIONS

 

            The hearing on permissive exemptions opened at 11.00 a.m. as advertised and was held open until 11.10 a.m.  No one appeared to testify at the hearing.

 

APPROVE APPLICATIONS FOR PERMISSIVE EXEMPTIONS

 

            Capek moved and Yates seconded the motion to approve the applications for Permissive Exemptions as listed by the County Assessor. Upon roll call, the vote was as follows:

 

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

Nays: None                                          Absent: Cerny

 

The Chairman declared the motion carried.

 

RETURN TO REGULAR SESSION

 

            Mueller moved and Yates seconded the motion to adjourn as Board of Equalization and return to regular session of the Fillmore County Board of Supervisors at 11.11 a.m. Upon roll call, the vote was as follows:

 

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

Nays: None                                          Absent: Cerny

 

The Chairman declared the motion carried.

 

PLANNING AND ZONING CONCERN

 

            The Planning and Zoning Administrator expressed concern over the changes in enforcement of state and federal laws covering relaxation of restrictions on highly erodible land and the effect it may have on water quality.  No action was taken.

 

COMPUTER EQUIPMENT, DSL LINES

 

            The Board was advised that computer equipment for computerization of the Register of Deeds functions will be ordered shortly.  The Clerk’s office will be added to the server the Assessor and Treasurer are using and an additional DSL line and router will be added. The ground floor offices will have a separate line from those on the first floor.

 

CLAIM DENIED

 

            A claim for reimbursement from a local attorney totaling $391.44 for time spent researching a legal description was presented by the County Clerk.  After research, the County Attorney recommended that the claim be denied.

 

Yates moved and Simacek seconded the motion upon advice of counsel to deny the claim from Heinisch Law Office for $391.44 for time spent researching a legal description. Upon roll call, the vote was as follows:

 

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

Nays: None                                          Absent: Cerny

 

The Chairman declared the motion carried.

 

APPLICATIONS REVIEWED

 

            The Board reviewed the applications for the position of County Clerk.  Nine applicants were selected for interviews to be held February 16th and 17th.

 

ADJOURNMENT

 

As there were no other items to come before the Board, the Chairman declared the meeting adjourned until 9.00 a.m. February 22, 2005.

 

____________________________________                                    ___________________________________

Attest                                                                                       Chairman

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