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	3^rd 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 12^th 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 12^th 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 21^st 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 22^nd 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 12^th 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

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