March 22, 2005

 

The Fillmore County Board of Supervisors convened in open and public session at 9.00 a.m. March 22, 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 1.47 p.m.

 

MINUTES APPROVED

 

            As there were no additions or corrections to the minutes of the March 8, 2005 meeting, the Chairman declared them approved as presented.

 

 

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

 

 

Ace Agri Supply

Sup

$        67.76

Alltel

Cellular

382.25

Ameritas Life Insur Corp

Ret

3,966.06

Aramark Uniform Serv

Ser

159.63

Joe Birky

Mile

20.79

Joseph N. Bixby, Atty

Ser

812.50

Blue Valley Comm Action

3rd qtr Rural Transit allocation

5,000.00

Cindy Callenius

Ser

25.00

Century Lumber Center

Sup, equi

185.98

Marilyn Christiancy

Ret

25.00

City of Geneva

Rent

440.00

Jan Cotner

Ser

45.00

Eakes Office Plus

Sup

1,014.60

Executive Copier Systems

Ser

67.12

F & S Supply Co

Sup

150.10

Fillmore Co Court

Ser

539.62

Fillmore Co Medical Center

Ser

108.27

Fillmore Co Sheriff

Fees

243.57

Fillmore Co Treasurer

Transfers

8,018.11

Gambles

Sup

227.00

Garbage Co Inc

Ser

98.08

Geneva St Bank

SS

4,152.76

Geneva St Bank

Ser

25.00

Geneva Super foods

Sup

93.98

Great Plains Appraisal

Ser

3,300.00

Norma Gregory

Ret

25.00

Heath Inc

Rep

200.00

Joan Hendrickson

Mile

26.52

Hilty’s

Sup

1,135.41

Hometown Leasing

Ser

374.00

Kalkwarf & Smith Law Offices

Ser, post, etc

2,562.68

Kerry’s Auto Repair & Service

Ser

89.92

Stephen J Kraviec, Atty

Ser, post

1,570.53

Galen Kuska

Mile

24.00

Lease Consultants Corp

Ser

249.00

Letter Publications

Sup

247.00

Ann H McDonald

Ret

18.00

Mid-American Res Chem

Sup

656.38

MIPS/County Solutions

Ser

1,736.81

Nebr Nat’l Bank

Ser

187.59

NPPD

Uti

713.25

Nebr Tech &  Telecomm Inc

Uti

1,126.93

Galen Niederklein

Mile

15.39

Nuckolls Co Extension

Mile

183.46

Phillips 66

Fuel

1,074.31

Quinlan Publishing Group

Sup

154.85

Ralph’s Geneva Tire

Ser

239.34

Henry  Rohla

Mile

27.54

Russ’s Pest Control

Ser

65.00

Seiler & Parker, PC

Ser

1,773.50

NE Dept of Admin Serv

Ser

45.58

NE Dept of Corrections

Boarding prisoner

125.98

NE Dept of Motor Vehicles

Sup

4.00

Jan Stoldorf

Mile

5.67

Thayer co Extension

Sup, mile, post, main

592.06

Thayer Co Treas

Sup, ½

448.50

UNL IS-Telecommun

Uti

44.55

Carroll Verhage, MD

Ser

198.00

Darlene Vodicka

Mile

38.07

Mary Lou Vossler

Mile

9.72

Nancy G Waldron, Atty

Ser

239.11

Walter F Stephens, Jr Inc

Sup

47.75

Weaver Pharmacy

Sup

453.59

Daniel L Werner PC LLC

Ser

40.50

West Lite Corp

Sup

233.01

Mary Novak

Salary

2,079.96

Payroll

Salaries

57,439.74

 

 

 

ROAD/BRIDGE FUND

 

 

Ameritas Life Insur Corp

Ret

1,653.28

Auto Value Parts Stores

Sup

865.73

Baum Hydraulics Corp

Sup

35.18

Century Lumber

Sup

208.62

Farmers Coop

Fuel, sup

2,591.88

Fillmore Co Hospital

Ser

15.00

Fillmore Co Shop

Post, misc

25.92

Fillmore Co Treas

Wksh

40.00

Gambles

Sup

278.79

Garbage Co

Ser

47.24

Geneva St Bank

SS

1,861.27

Ralph Gould

Ret

18.00

Grafton Oil

Fuel

648.96

Donovan Jirkovksy

Ret

25.00

Kabredlo’s

Fuel

39.20

Lichti Bros Oil Co Inc

Fuel

1,925.72

Mid-Land Equip

Sup

38.30

Nebr-Iowa Indust Fasteners

Sup

343.95

Nebr Machinery

Sup

296.51

NPPD

Uti

231.33

Nebr Tech & Telecommun Inc

Uti

100.79

Nelson Petro

Fuel

1,454.69

Nichols Construct

Gravel

6,233.72

Overland Sand & Gravel

Gravel

3,210.76

Perennial Pub Power

Uti

74.52

Presco Sales & Services

Sup

1,042.87

Donna Saltzman

Ser

25.00

Speece-Lewis Eng

Project engineering

4,159.05

Superior-Deshler Inc

Fuel

42.22

Texaco

Fuel

75.00

Rosemarie O’Brien Thurin

ROW, misc

2,348.00

USIS Commercial

Ser

29.90

Village of Fairmont

Uti

51.25

Payroll

Salaries

25,573.21

 

 

 

MEDICAL/RELIEF FUND

 

 

York Medical Clinic

Ser

181.97

 

 

 

INSTITUTIONS FUND

 

 

NE Health & Human Services

Feb patient care

885.00

 

 

 

SENIOR SERVICES FUND

 

 

Ameritas Life Insur Corp

Insu

264.31

Janet Bartak

Mile

25.92

Dawg’s Smokehouse

HDM’s

52.10

Judy Dondlinger

Ser

110.00

Exeter Care Center

HDM’s

245.00

Geneva Chamber of Commerce

Rent

85.00

Geneva Senior Center

Rent, uti, misc

177.87

Geneva St Bank

SS

333.61

Susan Kerl

Ser

109.67

Nancy Kohler

Mile, sup

196.86

Jeannine Krejci

Ser

90.00

Elizabeth M Manning

Ser

100.00

Nebraska Signal

Ad

30.00

Ron’s Tavern

HDM’s

160.00

Rhonda Stokebrand

Mile

67.84

JoAnn Vavra

Ser

120.00

 

 

 

COPS GRANT FUND

 

 

Geneva St Bank

SS

146.62

 

 

 

HOSPITAL OPERATING FUND

 

 

Fillmore County Hospital

Jan & Feb tax coll

8,802.39

 

 

 

NOXIOUS WEED FUND

 

 

Ameritas Life Insur

Ret

154.20

Geneva St Bank

SS

160.22

 

 

 

E911 COMMUNICATIONS FUND

 

 

Alltel Communications

Uti

948.23

 

 

CLAIMS APPROVED

 

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

 

TOURISM COMMITTEE

 

            Patt Lentfer and Elmer Hessheimer from the Fillmore County Tourism Committee presented a proposal to have the Courthouse open for perhaps two hours on Sunday for guided tours on a regular basis.  Volunteer guides would be needed in order for the plan to work.   There is a “walking tour” brochure available now listing the pictures, artifacts, etc., on display on each floor.  The only concern expressed by the Board was about security with regard to the jail area.  The Sheriff will need to be consulted regarding this matter.

 

            The minutes of the March 9, 2005 Tourism Committee meeting were presented and ordered placed on file in the Clerk’s office.

 

DRIVEWAY PERMITS

 

            Capek moved and Mueller seconded the motion to approve the following applications for driveway permits:

 

Jim Birky – to install a new driveway on the north side of the NW ¼ of Sec. 29-6-1, Glengary Township, just west of the quarter mile line at a break in the trees,

Tom Votipka – to replace and lower a culvert in the driveway to the residence on the east side of the NE ¼ SE ¼ of Sec. 19-7-1, Liberty Township, just south of the ½ mile line, and

Carlson Irrigation, LLC – to add two driveways in the SE ¼ SE ¼ of Sec. 11-5-4, Bryant Township, between the existing diagonal drive and the existing drive at the south corner of the tract.

 

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.

 

DITCH CLEANING PERMITS

 

            Mueller moved and Yates seconded the motion to approve the following applications for permits to clean silt from a road ditch:

 

Karl Brinkman – to clean silt from a ditch adjoining the south side of the SE ¼ of Sec. 24-5-2, Belle Prairie Township, for approximately .667 of a mile,

Karl Brinkman – to clean silt from a ditch adjoining the south side of the SW ¼ of Sec. 11-6-3, Stanton Township, for approximately .667 of a mile, and

Tom Votipka – to clean silt from a ditch adjoining the east side of the E ½ of Sec. 19-7-1, Liberty Township, for approximately 300 feet north and 700 feet south of the half mile line.

 

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.

 

FOUR DAY WORK WEEK

 

            The Highway Superintendent requested the Board to consider going to a four day, ten hour per day work-week at the Road Department, as has been done for several years.  The vote on a four-day, 10-hour day work-week at the February Road Department employee meeting was 15 for and 9 against.

 

            After discussion, Simacek moved and Galusha seconded the motion to stay with an eight-hour day, five days per week schedule.  Upon roll call, the vote was as follows:

 

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

Nays: Kimbrough and Cerny

 

            The Chairman declared the motion carried.

 

LOCATION OF BRIDGE BETWEEN SEC. 1 AND 12-6-3, STANTON TOWNSHIP

 

            After discussion, Yates moved and Cerny seconded the motion to locate the proposed replacement bridge between Sec. 1 and 1-6-3, Stanton Township, at the place recommended by County Engineer Lewis, and to authorize Speece-Lewis Engineering to complete the engineering and any permit applications needed for the project. Upon roll call, the vote was as follows:

 

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

Nays: Simacek

 

            The Chairman declared the motion carried.

 

CULVERT PIPE BIDS

 

            Bids for culvert pipe were opened at 10.00 a.m. as advertised.  Bids were received from the following firms:

 

            Ace/Eaton Metals, Kearney, NE                Contech Construction Products, Lincoln, NE

            Metal Culverts, Inc., St. Joseph, MO            Midwest Service & Sales Co., Schuyler, NE

 

The Highway Superintendent will review the bids and make a recommendation at the April 12th Board meeting.

 

APPLICATION FOR FLOODPLAIN DEVELOPMENT PERMIT

 

After discussion, Mueller moved and Capek seconded the motion to approve the application for a Floodplain Development Permit for Project No. STPE-2725(5) between Sec. 11 & 12-6-4, Momence Township. 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.

 

TO ADD BRIDGE TO ONE AND SIX YEAR ROAD PLAN

 

            The Highway Superintendent submitted a revision to the One and Six Year Highway Plan for Fillmore County to include the bridge on Road J between Roads 22 and 23, between Sec. 15 and 22-7-1, Liberty Township.  The proposed NRD dam in Sec. 23 will necessitate raising the road and enlarging the bridge and costs for doing this are included in the NRD project.

 

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

 

RESOLUTION NO. 2005-08

 

ACCEPTING THE REVISIONS TO THE ONE (1) AND SIX (6) 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: 

 

                                    See Form 10                      

 

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.

 

BOARD AUTHORITY OVER NATURAL DRAINAGE

 

            The information from the County Attorney concerning the authority of the County Board to require landowners to clean natural drainage through private land was discussed.  A policy concerning this will be available for action at the April 12th meeting.

 

RURAL TRANSIT FUNDS

            Rural Transit Director Cronk presented the proposed budget for 2005-06 for the Transit Service. She reported that the Federal allocation is up from last year.  Also presented were the documents for the Chairman to sign to complete the application for Federal and State funds.

 

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

 

RESOLUTION NO. 2005-09

 

            WHEREAS, there are federal funds available under Section 5311 of the Federal Transit Act (FTA), and for Nebraska Public Transportation Act funds, and

 

            WHEREAS, Fillmore County desires to apply for said funds to be used to provide public transportation in Fillmore County with special emphasis on meeting the needs of the elderly and disabled of Fillmore County.

 

            NOW THEREFORE, BE IT RESOLVED; that the Fillmore County Board of Supervisors hereby instruct the Fillmore County Clerk to apply for the above mentioned funds.  Said funds are to be used for Fiscal Year 2005 –2006.

 

Upon roll call, the vote was as follows:

 

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

Nays: None

 

            The Chairman declared the resolution adopted.

 

APPROVE CONTRACT FOR RURAL TRANSIT OPERATION

 

            Yates moved and Capek seconded the motion to approve the contract with Blue Valley Community Action to operate the Fillmore County Rural Transit Service for the period from July 1, 2005 through June 30, 2006. Upon roll call, the vote was as follows:

 

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

Nays: None                              Abstaining: Simacek

 

            The Chairman declared the motion carried.

 

BUDGET ALLOCATION

 

            Cerny moved and Galusha seconded the motion to budget the same amount of cost sharing funds ($20,000) for 2005-06 for the Fillmore County Rural Transit Service as for 2004-05. Upon roll call, the vote was as follows:

 

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

Nays: None

 

            The Chairman declared the motion carried.

 

HEARING ON APPLICATION FOR SPECIAL USE PERMIT

 

            The hearing on the application of Ten Acre Farms, located on part of the SE ¼ of Sec. 10-5-3, Hamilton Township and  operated by Matt Mosier, for a Special Use Permit for a confinement feeding operation, advertised to open at 11.00 a.m., was opened at 11.15 a.m. No one appeared to testify either for or against the application. The Planning and Zoning Commission had a hearing on March 21st and found that the application met the rules and regulations of the Planning and Zoning Commission. The Commission voted to recommend approval of the application.

 

SPECIAL USE PERMIT APPROVED

 

            Yates moved and Cerny seconded the motion to approve the application of Ten Acre Farms, located on part of the SE ¼ of Sec. 10-5-3, Hamilton Township and operated by Matt Mosier, for a Special Use Permit for a confinement feeding operation. 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.

 

EMERGENCY MANAGEMENT REPORT

 

            Emergency Management Director Marshall reported that approval from the FAA is needed for the communications tower.  A 60’ x 80’ area is needed for the tower and related buildings.

 

CLOSED SESSION FOR LAND PURCHASE

 

            Cerny moved and Simacek seconded the motion to have the Fillmore County Board hold a closed session at this time pursuant to the provisions of Sec. 84-1401, Reissue, Revised Statutes of Nebraska, 1943, for the protection of the public interest, and to consider in closed session, purchase of real estate as authorized by Statute to be discussed in closed session.  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 and requested the Highway Superintendent, Emergency Manager, and County Clerk to remain. Closed session began at 11.30 a.m.

 

RETURN TO REGULAR SESSION

 

            Yates moved and Capek seconded the motion to return to open session at 11.40 a.m. 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.

 

AUTHORIZE NEGOTIATIONS FOR PURCHASE OF REAL ESTATE

 

            Yates moved and Galusha seconded the motion to authorize the Highway Superintendent to enter into negotiations with the owners for the purchase of both tracts of land under consideration. 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.

 

EXTENSION SERVICES       

 

            Terry Hejny, Extension Agent, and Renee Marks and Tim Engle, Extension Board officers, advised the Board that the Fillmore County Extension Board had voted to withdraw from the three-county compact they had been working with for several years.  The Board of Directors of the three-county compact, which included Thayer and Nuckolls Counties, has voted to disband the compact.  The Extension Board asked the County Board to approve the withdrawal from the compact.

 

APPROVE WITHDRAWAL FROM 3-COUNTY COMPACT

 

            Simacek moved and Yates seconded the motion to approve the withdrawal of the Fillmore County Extension Services from the Fillmore-Thayer-Nuckolls County Extension Services compact and to have proper notice sent to the other counties. 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.

 

PLANNING AND ZONING COMMISSION

 

            Planning and Zoning Administrator Slezak reported that the Commission at its’ March 22nd meeting had approved changes in the number of Commission members. The changes are as follows:

           

Number of members             -                                   Eleven

            Number needed for a quorum  -                                 Six

            Number of votes needed to pass a motion  -            A majority of those present and voting at the meeting.

 

WAYNE MATEJKA  - CLARIFICATION OF ZONING REGULATIONS

 

            Wayne Matejka met with the Board seeking clarification of subdivision regulations for rural property.  State statute requires approval of the subdivision of any tract containing less than 10 acres.  County regulations do not allow the subdivision of any tract of land under 3 acres.  Any subdivision of a tract of land between 10.1 acres and 3.01 acres in size requires the approval of the County Board of Supervisors.

 

ADJOURNMENT

 

            Agenda items “Hartford Deferred Compensation Plan” and “Generator unit at the Hospital – change of location” were tabled until the April 12th meeting.  As there were no other items to come before the Board, the Chairman declared the meeting adjourned until 9.00 a.m. April 12, 2005.

 

______________________________________                                ______________________________________

Attest                                                                                       Chairman

__________________________________________________________________________________________