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	2^nd 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, 3^rd qtr advan	277.59
Fairmont Aging Serv	USDA makeup pmt, 3^rd qtr advan	1,738.25
Ft Dearborn Life Insu	Insu	11.30
Geneva Senior Cen	USDA makeup, 3^rd 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 25^th 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 16^th and 17^th.

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.

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Attest Chairman

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