March 8, 2005

 

            The Fillmore County Board of Supervisors convened in open and public session at 9:00 a.m. March 8, 2005, in the Courthouse Boardroom in Geneva, Nebraska with Chairman Kimbrough presiding.  Members present were Yates, Simacek, Galusha, Mueller, Cerny, and Capek.  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 2:12 p.m.

 

SPECIAL MEETING MINUTES APPROVED

 

            Yates moved and Galusha seconded the motion to approve the minutes of the special meetings of February 16 & 17, 2005 held to interview candidates for the position of County Clerk.  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.

 

MINUTES OF FEBRUARY 22ND MEETING

 

            Simacek moved and Mueller seconded the motion to approve the minutes of the February 22nd regular meeting of the Board.  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.

 

COUNTY CLERK APPOINTMENT

 

            Cerny moved and Yates seconded the motion to approve the appointment of Amy Nelson as County Clerk, effective May 2, 2005, succeeding Carol Vejraska, whose resignation takes effect April 29th.  Upon roll call, the vote was as follows:

 

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

Nays: None

 

            The Chairman declared the motion carried.

 

TRAINING PERIOD RATE

 

            Cerny moved and Galusha seconded the motion to pay Amy Nelson during the month of April for training at the regular Clerk’s salary, including benefits as provided other employees.  Upon roll call, the vote was as follows:

 

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

Nays: None

 

            The Chairman declared the motion carried.

 

SUPPLEMENT CLAIMS APPROVED

 

            Capek moved and Galusha seconded the motion to approve the supplemental payroll and associated expenses for the February 22nd meeting.  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.

 

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

 

 

A-1 Body & Glass

Rep

$100.38

Howard F. Ach, Atty

Rent, post, misc

2,934.62

Alltel

Uti

479.67

Alltel

Cell

54.21

Ameritas Life Insur Corp

Ret

557.39

Aquila

Uti

1,456.73

Assurity Life Insur Co

Ser

174.00

Ian Barnett

Uni

35.00

Biegert Construction Co

Rep

454.90

Blue Cross-Blue Shield

Insu

13,041.60

William L. Burgess

Uni, misc

52.81

City of Geneva

Uti

108.00

Daryl L. Callenius

Uni, misc

68.66

Jill R. Cunningham, Atty

Mile

146.61

DAS Communications

Rent

350.00

Duckwall’s-Alco

Sup

56.08

Earl’s Window Serv

Ser

4.00

Executive Copier Sys

Ser

91.15

Fillmore Co Treas

Reimb, post, misc

1,305.92

Ft Dearborn Life Insu

Insu

181.92

Geneva St Bank

SS

818.99

Jeremy Goeken

Uni

35.00

Terry Hejny

Mile

100.44

Holiday Inn

Wksh

816.00

Hometown Leasing

Ser

211.25

Jim’s Repair

Ser

27.25

Kelch Plumbing, Heating

Ser

62.50

Dennis Kimbrough

Mile

100.51

Deborah L. Kopf

Ser

10.00

Richard Mueller/Tom Biegert

Rent

625.00

Nebr Infrastructure Sec Forum

Wksh

150.00

Nebr Signal

Sup, pro, ads

1,251.87

Nelson Petrol Co

Fuel

513.27

Mary Novak

Mile, Sup

56.68

O’Keefe Elevator Co Inc.

Ser

159.01

Platte Valley Commun – York

Ser

27.00

Platte Valley Commun – Hastings

Sup

35.83

Quality Inn & Suites

Wksh

124.00

Redfield & Co Inc

Sup

183.15

Steven G. Roemmich

Uni

35.00

Service-Master-York

Ser

317.25

Gerald Slezak

Mile, misc

157.23

NE Dept of Admin Serv

Sup

10.00

NE Dept of Motor Vehicles

Sup

16.00

Barbara L. Stephenson

Bat

59.97

Tricon Environmental Inc

Equ

5,940.00

UNL Info Serv

Ser

42.50

Nancy G. Waldron, Atty

Ser

506.78

Walter F. Stephens Jr Inc

Sup

276.11

Daniel L. Werner PC

Ser

276.40

Eric Williams

Wksh

257.05

Merle Buzek

Sp election

20.00

John Mueller

Sp election

20.00

Payroll

Salaries

11,095.05

 

 

 

ROAD/BRIDGE FUND

 

 

Alltel

Uti

67.75

Ameritas Life Insur Corp

Ret

1,653.28

Andrews Electric Co

Rep

138.00

Aquila

Uti

641.24

Blue Cross-Blue Shield

Insu

9,563.87

Business World Prod

Main

26.50

City of Geneva

Uti

63.10

Dick Schoenholz Real Est

Sup

40.00

Farmers Coop

Fuel

720.00

Farm Plan

Rep, Sup

2,851.54

Fillmore Co Treas

Reim

10.00

Filter Care

Sup

21.95

Ft Dearborn Life Ins

Insu

118.39

Geneva Carquest

Sup

397.57

Geneva Impl

Sup

124.97

Geneva State Bank

SS

1,841.38

Geneva TV & Appl

Sup

10.73

Geneva Welding & Supply

Rep, sup

293.35

Grafton Mini Mart

Fuel

94.81

Grafton Oil

Fuel

580.64

Elmer Hessheimer

Sup

42.48

Holiday Inn

Wksh

61.00

Lichti Bros Oil Co

Fuel

667.34

Michl Serv

Fuel

45.00

Nebraska Bolt

Sup

150.44

Nebr Signal

Ad

37.81

Nelson Petrol

Fuel, sup

2,107.12

Newman Traffic Signs

Sup

131.04

Nick’s Farm Store

Rep

88.81

Perennial Pub Power

Uti, moving line

673.44

Ralph’s Geneva Tire

Ser

65.61

Roit Repair

Rep

63.65

Viking Office Prod

Sup

27.05

Payroll

Salaries

25,313.21

 

 

 

JUVENILE DIVERSION PROGRAM

 

 

Blue Valley Mental Health

Contracted Serv

8,723.00

 

 

 

MEDICAL/RELIEF FUND

 

 

Clay County Treas

Reim

45.00

Weaver Pharm

Sup

437.67

 

 

 

SENIOR SERVICES

 

 

Blue Cross-Blue Shield

Insu

869.44

Ft Dearborn Life

Insu

11.30

 

 

 

COPS GRANT FUND

 

 

Blue Cross-Blue Shield

Insu

434.72

Ft Dearborn Life Insu

Insu

5.65

 

 

 

INHERITANCE TAX FUND

 

 

Fillmore Co Treasurer

Transfer

150,000.00

 

 

 

NOXIOUS WEED FUND

 

 

Alltel

Uti

39.71

Blue Cross-Blue Shield

Insu

434.72

Eagle Auto Co

Sup

6.00

Merlin Ehmen

Rent, fuel, post, misc

241.69

Ft Dearborn Life Insu

Insu

2.26

 

 

 

 

APPROVE CLAIMS

 

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

 

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

Nays: None                                          Abstaining due to conflict of interest: Yates

 

            The Chairman declared the motion carried.

 

 

EXTENSION BOARD APPOINTMENTS

 

            The following names were submitted for openings on the Fillmore County Extension Board, terms for Stoldorf and Vossler are 2 years, the others for 3 years:

 

            SW: Jan Stoldorf          NE: Galen Kuska         SE: Galen Niederklein               NW: Bryan Dohrman

            At Large: Mary Lou Vossler

 

            Mueller moved and Galusha seconded the motion to approve the following candidates to the Fillmore County Extension Board as follows:

 

            At Large: Mary Lou Vossler, and SW: Jan Stoldorf, for two year terms;

            NE: Galen Kuska, SE: Galen Niederklein, and NW: Bryan Dohrman, for three year terms

 

Upon roll call, the vote was as follows:

 

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

Nays: None

 

            The Chairman declared the motion carried.

 

DRIVEWAY PERMIT

 

            Capek moved and Mueller seconded the motion to approve the application of Tim Pribyl for a permit to widen a driveway to 40 feet on the north side of the NW ¼ of Sec. 4-6-1, Glengary Township, just west of the ¼ mile line.  Upon roll call, the vote was as follows:

 

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

Nays: None

 

            The Chairman declared the motion carried.

 

SILT CLEANING PERMIT

 

            Yates moved and Simacek seconded the motion to approve the application of Dan Swartzendruber for a permit to clean silt from a ditch along the east side of the NE ¼ SE ¼ of Sec 25-5-4, Bryant Township, to the half mile line.  Upon roll call, the vote was as follows:

 

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

Nays: None

 

            The Chairman declared the motion carried.

 

PERMIT TO OCCUPY ROAD RIGHT-OF-WAY

 

            Galusha moved and Capek seconded the motion to approve the application of Alltel Communications for a permit to occupy right-of-way in order to install a buried communications line between Sec. 5, 6, 7, & 8-8-3, West Blue Township, and that said Alltel Communications shall assume all liability for the construction, maintenance, and repair of said underground line.  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.

 

SILT CLEANING PERMIT

 

            Capek moved and Yates seconded the motion to approve the application of Dale Luzum and Marlene Buerer for a permit to clean silt from a ditch along the SW ¼ NW ¼ Sec. 6-6-1, Glengary Township, contingent upon obtaining the required signatures.  Upon roll call, the vote was as follows:

 

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

Nays: None

 

            The Chairman declared the motion carried.

 

ROAD CLOSING

 

            Scott Sobotka of the Lower Big Blue NRD and Eric Dove with the engineering firm designed the proposed dams along Turkey Creek in Fillmore and Saline County were present to review the changes made after the public meeting on closing Road 23 between Sec. 22 & 23-7-1, Liberty Township.

 

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

 

RESOLUTION NO. 2005-05

 

            BE IT RESOLVED By the Fillmore County Board of Supervisors to enter into an agreement with the Lower Big Blue Natural Resources District to close Road 23 at 0.4 miles north of the southwest corner of Section 23, Township 7N, Range 1W for a distance of 0.125 miles and allow the Lower Big Blue Natural Resources District to elevate and extend culverts on Road 23 along the west section line in the southern half of Section 23, Township 7N, Range 1W, such that the 50 year frequency backwater from the proposed Dam Site 3 will not overtop the road, and

 

            In consideration of closing the aforementioned portion of Road 23, the Lower Big Blue Natural Resources District will also replace a bridge and elevate the road bed on Road J near the half section line along the north side of Section 22, Township 7N, Range 1W, such that the 50 year frequency backwater from the proposed dam will not overtop said portion of Road J, and

 

            As an additional consideration, the Lower Big Blue Natural Resources District will place 250 cubic yards of rock on Road 22 along the west section line of Section 22, Township 7N, Range 1W, and

 

            If the Lower Big Blue Natural Resources District does not construct Dam Site 3, for any reason, the NRD will not be required to provide the considerations described in this resolution, and the obligation of Fillmore County to close said portion of Road 23 will be null and void.

 

            Dated this 8th day of March 2005.

 

Upon roll call, the vote was as follows:

 

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

Nays: None

 

            The Chairman declared the resolution adopted.

 

GRAVEL BIDS

 

            Bids fro gravel for the period from April 1, 2005 through March 2006 were opened at 10:10 a. m.  Bids were received from the following firms:

 

            Ace Sand & Gravel, Beatrice    Beatrice Concrete Co., Beatrice               Overland Sand & Gravel, Stromsburg

            Callaway Sons & Daughters, Deshler    and DPL Enterprises d/b/a Nichols Construction Co.

 

A copy of the bid tabulation sheet is available at the County Clerk’s office.

 

ACCEPT GRAVEL BIDS

 

            Cerny moved and Galusha seconded the motion to accept all gravel bids and to authorize the County Highway Superintendent to order from the low bidder, contingent upon the required amount being available at the time needed, if not available purchase may be made from the next lowest bidder, effective April 1, 2005 through March 31, 2006.  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.

 

PLANNING AND ZONING, 911 ADDRESSES

 

            A request to clarify how long a permit issued by the Planning and Zoning Commission is good was discussed.  Since the regulations do not specify an expiration time, it was decided that the Planning and Zoning Commission is responsible for setting such a rule and adding the information to the permit.

 

            The by-laws of the Planning and Zoning Commission were set up with the idea that all towns in the county except Geneva would join the countywide Planning and Zoning System.  Each town was to appoint a member and there would be one for each Supervisor’s district, except Dist. 5, which was totally in Geneva, a total of 13 members.  A quorum required seven members in order to act on anything.  Strang did not join, but the by-laws were not changed.  The Supervisors Districts were realigned and now two members have no rural constituents.  The Planning and Zoning Commission is planning to change the membership to reflect these changes.

 

            Alltel does not want 911 addresses in its’ data base unless the site has a land phone line.  As the number of people going to cell phones and dropping the landline phone system increases, this will leave a number of residences and building sites off the 911 system.  A separate data base has been set up for these sites and is being made available to the 911 dispatchers.

 

EMERGENCY MANAGEMENT

 

            A rule change made by the Federal Government requires a coordinated grant application for many grants available for Public Safety services.

 

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

 

RESOLUTION NO. 2005-06

 

            RESOLVED That in order to provide for a coordinated grant application on behalf of the First Responders in Fillmore County, the County Board of Supervisors has reviewed the grant process and application and has approved the submittal to the State of Nebraska for 2005 Grant funding.

 

            Upon roll call, the vote was as follows:

 

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

Nays: None

 

            The Chairman declared the resolution adopted.

 

HOSPITAL ADDITION FINANCING

 

            Attorney Dave Lucas of Gilmore and Bell representing the Fillmore County Hospital, along with Hospital Administrator Eichelberger and Hospital Board member Kudlacek, presented a resolution to the Board to replace Number 2004-32 passed November 9, 2004.  The only change from the November resolution was in the increase in the interest rate on the bonds to 4.25% for year One through Five and to 4.75% for years Six through Ten.

 

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

 

RESOLUTION NO. 2005-07

 

A RESOLUTION OF THE COUNTY OF FILLMORE, NERASKA, (THE “COUNTY”) AUTHORIZING

 AND APPROVING A FIRST LEASE-PURCHASE AGREEMENT SUPPLEMENT AND AMENDMENT

AND A FIRST SITE LEASE AMENDMENT BETWEEN THE COUNTY AND FILLMORE COUNTY

LEASING CORPORATION (THE “CORPORATION”) WITH RESPECT TO FINANCING THE

ACQUISITION, CONSTRUCTION, EQUIPPING, AND FURNISHING OF AN ADDITION AND

CERTAIN IMPROVEMENTS TO FILLMORE COUNTY HOSPITAL; APPROVING THE ISSUANCE,

SALE AND DELIVERY BY THE CORPORATION OF NOT TO EXCEED ONE MILLION DOLLARS

($1,000,000) IN AGGREGATE PRINCIPAL AMOUNT OF ITS LEASE RENTAL REVENUE BONDS

(FILLMORE COUNTY, NEBRASKA HOSPITAL PROJECT), SERIES 2005; DELEGATING,

AUTHORIZING AND DIRECTING THE CHIEF EXECUTIVE OFFICER OF FILLMORE COUNTY

HOSPITAL TO EXERCISE HIS INDEPENDENT JUDGEMENT AND ABSOLUTE DISCRETION IN

APPROVING THE PRINCIPAL AMOUNT, RATES OF INTEREST AND THE OTHER TERMS AND PROVISIONS WITH RESPECT TO SUCH BONDS; PROVIDINGFOR THE TIME WHEN THIS

RESOLUTION SHALL TAKE EFFECT; AND RELATED MATTERS.

 

            BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FILLMORE, NEBRASKA:

 

            Section 1.        The Board of Supervisors (the “Board”) of The County of Fillmore, Nebraska (the “County”) hereby find and determine as follows:

 

(a)                To maintain and preserve the health, safety and welfare of the residents of the County, it is necessary, desirable, advisable and in the best interest of the County and its residents to acquire, construct, equip and furnish an addition and other improvements (the “2005 Project”) to Fillmore County Hospital (the “Hospital”), owned and operated by the County pursuant to the provisions of Section 23-3501 to 23-3527, inclusive, Reissue Revised Statutes of Nebraska, as amended.

 

(b)        The cost of the 2005 Project is not more than fifty percent (50%) of the current replacement cost of the Hospital and the equipment owned and used by the County at the Hospital.

 

                        (c)        The County is authorized pursuant to Section 2303114, Reissue Revised Statutes of Nebraska, as amended (the “Act”), to enter into contracts for the lease of real or personal property for any purpose for which the County is authorized by law to purchase property or construct improvements, which contracts are not restricted to a single year, and may provide for the purchase of the property in installment payments.

 

                        (d)        The Fillmore County Leasing Corporation (the “Corporation”) is a nonprofit corporation duly organized and existing under the Nebraska Nonprofit Corporation Act, Chapter 21, Article 19, Reissue Revised Statutes of Nebraska, as amended, for the purpose of acquiring property of any kind and nature, usable or useful to the County in performing its governmental functions and leasing the same to the County.

 

                        (e)        The County has previously entered into a Lease-Purchase Agreement, dated as of May 1, 1998 (the “1998 Lease Agreement”), with the Corporation for the purpose of financing the acquisition, construction, improvement, equipping and furnishing of an addition and other improvements to the Hospital for the use of the County (collectively, the “1998 Project”) pursuant to the provisions of the Act.

 

                        (f)         In connection with the execution and delivery of the 1998 Agreement, the Corporation, pursuant to a Trust Indenture, dated as of May 1, 1998 (the “1998 Indenture”), between the Corporation and Geneva State Bank, as trustee (the “Trustee”), issued $1,965,000 in aggregate principal amount of its Lease Rental Revenue Bonds (Fillmore County, Nebraska Hospital Project), dated May 1, 1998 (the “Bonds”), to finance the costs of the 1998 Project.

 

                        (g)        The County has carefully considered the options available to it with respect to financing the 2005 Project and determined that the issuance by the Corporation of its Lease Rental Revenue Bonds (Fillmore County, Nebraska Hospital Project) Series 2005 (the “2005 Bonds”) in an aggregate principal amount not to exceed One Million Dollars ($1,000,000), of which not to exceed $760,000 shall be issued as a Series 2005A Bond (the “2005A Bond”) and not to exceed $240,000 shall be issued as a Series 2005B Bond (the “2005B Bond”), is necessary, desirable, advisable and in the best interests of the County and is hereby accepted and approved by the County.

 

                        (h)        The County will have a beneficial interest in the Corporation and will have exclusive beneficial possession and use of the Project while the 1998 Bonds and the 2005 Bonds remain outstanding, and the County will obtain full legal title to the 2005 Project upon the payment in full of the 1998 Bonds and the 2005 Bonds.

 

            Section 2.        The First Lease-Purchase Agreement Supplement and Amendment, dated the date of the execution and delivery thereof (the “First Lease Agreement Supplement and Amendment”), amending and supplementing the 1998 Agreement (the 1998 Agreement, the First Lease Agreement Supplement and Amendment and all other supplements or amendments thereto are collectively referred to herein as the “Lease Agreement”), in substantially the form attached hereto as Exhibit A and made a part hereof by reference, is hereby approved.  The Chair, upon advice of the County Attorney and bond counsel, is hereby authorized to make such changes, additions or deletions with respect to the Lease Agreement as may be in the best interests of the County and the Corporation to carry out the 2005 Project prior to the signing thereof.

 

            Section 3.        The First Site Lease Amendment, dated the date of the execution and delivery thereof (the “First Site Lease Amendment”), amending and supplementing the Site Lease, dated as of May 1, 1998 (the “1998 Site Lease”) (the 1998 Site Lease, as amended and supplemented by the First Site Lease Amendment and all other supplements or amendments thereto are collectively referred to herein as the “Site Lease”), between the County and the Corporation with respect to the real estate upon which the 1998 Project and the 2005 Project are located, in substantially the form attached hereto as Exhibit B and made a part hereof by reference, is hereby approved.  The Chair, upon advice of the County Attorney and bond counsel, is hereby authorized to make such changes, additions or deletions with respect to the Site Lease as may be in the best interests of the County and the Corporation to carry out the 2005 Project prior to the signing thereof.

 

            Section 4.        The issuance, sale and delivery by the Corporation of its Lease Rental Revenue Bonds (Fillmore County, Nebraska Hospital Project), Series 2005, in an aggregate principal amount not to exceed $1,000,000 and dated the date of delivery thereof and payment therefore (the “2005 Bonds”), to provide funds for payment of the costs of acquiring, constructing, equipping and furnishing the 2005 Project, the terms of which are set forth in the First Trust Indenture Supplement and Amendment, dated the date of the execution and delivery thereof (the “First Indenture Supplement and Amendment”), between the Corporation and the Trustee, amending and supplementing the 1998 Indenture (the 1998 Indenture, the First Indenture Supplement and Amendment and all other supplements or amendments thereto, are collectively referred to herein as the “Indenture”), in substantially the form attached hereto as Exhibit C and made a part hereof by reference, in hereby approved.  The sale of the 2005A Bond to Geneva State Bank and the sale of the 2005B Bond is Perennial Public Power District at a price equal to 100% of the principal amount thereof plus accrued interest, if any, to the day of delivery, is hereby approved.

 

            Section 5.        The 2005 Bonds shall be issued in an aggregate principal amount not to exceed $1,000,000 and shall bear interest at an average interest rate not to exceed five percent per annum (5.00%).  The Chief Executive Officer of the Hospital is hereby authorized and directed to approve the principal amount of 2005 Bonds to be issued and the principal maturities, interest rates and redemption provisions thereof and to take all necessary actions and execute all necessary documents to effect the sale of the 2005 Bonds.

 

            Section 6.        The County makes the following representations in connection with the exception for small governmental units from the arbitrage rebate requirements under Section 148(f)(4)(C) of the Internal Revenue Code of 1986, as amended (the “Code”):

 

                        (a)        the Corporation is issuing the 2005 Bonds on behalf of the County pursuant to Revenue Procedure 82-26;

 

(b)               the County has general taxing powers;

 

(c)                95% or more of the net proceeds of the 2005 Bonds are to be used for local governmental activities of the County; and

 

(d)               the aggregate face amount of all tax exempt bonds (other than private activity bonds) to be issued by the Corporation, the County and all entities subordinate to the County during calendar year 2005, including the Bonds, is not reasonably expected to exceed $5,000,000.

 

Pursuant to Section 148(f)(4)(C)(iv) of the Code, the County hereby allocates up to $1,000,000 of its $5,000,000 limitation for calendar year 2005 to the Corporation.

 

            Section 7.        The County hereby acknowledges that the Corporation has designated the 2005 Bonds to be “qualified tax-exempt obligations” as such term is defined in Section 26(b)(3) of the Code.  The County hereby represents that:

 

                        (a)        the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds) which will be issued by or on behalf of the County and all entities subordinate to the County during calendar year 2005 does not exceed $10,000,000; and

 

                        (b)        the aggregate principal amount of obligations designated by the County as “qualified tax-exempt obligations” during calendar year 2005, including the 2005 Bonds, does not exceed $10,000,000.

 

The Chair is hereby authorized to take such other action as may be necessary to make effective the designation in this Section 7.

 

            Section 8.        The County will accept from the Corporation conveyance of unencumbered fee title to the 2005 Project after all the 2005 Bonds have been paid or payment therefore has been provided for in accordance with the herein approved Indenture.

 

            Section 9.        The Chair, County Clerk, Deputy County Clerk, County Treasurer, Deputy County Treasurer, County Attorney, and Deputy County Attorney and the Chief Executive Officer of the Hospital are hereby authorized to execute and deliver for and on behalf of the County all additional certificates, documents, opinions or other papers and to perform all other acts as they may deem necessary or appropriate in order to implement and carry out the matters herein authorized.

 

            Section 10.      All resolutions, orders, or ordinances, or parts thereof, in conflict with the provisions of this resolution, and, specifically, Resolution No. 2004-32, duly passed and approved by the Board on November 9, 2004, are to the extent of such conflict or conflicts, hereby repealed.

 

            Section 11.      This resolution shall take effect and be in full force after its passage and adoption as provided by law.

 

            PASSED AND APPROVED this 8th day of March, 2005.

 

Upon roll call, the vote was as follows:

 

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

Nays: None

 

            The Chairman declared the resolution adopted.

 

REPORTS

 

            The January report for the Fillmore County Rural Transit Service (Handi-bus) was reviewed and ordered placed on file.

 

            Cerny moved and Simacek seconded the motion to approve the following officer’s fee reports for February:

 

            Clerk of District Court - $165.00                      Clerk - $7,494.87                    Sheriff - $1,472.91

 

Upon roll call, the vote was as follows:

 

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

Nays: None

 

            The Chairman declared the motion carried.

 

AGENDA ITMES NOT ACTED UPON

 

            The agenda item on cleaning watercourses was deferred until the March 22nd meeting because the information was not received in time to be sent in the agenda packet.  The agenda item concerning the Hartford Deferred Compensation plan was deferred until March 22nd also because information requested had not yet been received.

 

ADJOURNMENT

 

            The Chairman declared the meeting adjourned until 9:00 a. m. March 22, 2005.

 

________________________________________    ____________________________________________

Attest                                                                           Chairman

__________________________________________________________________________________________