April 12, 2005

The Fillmore County Board of Supervisors convened in open and public session at 9.00 a.m. April 12, 2005, in the Courthouse Boardroom in Geneva, Nebraska with Chairman Kimbrough presiding. Members present were Yates, Galusha, Mueller, Cerny, and Capek. Simacek was absent. The County Clerk and County Clerk appointee were 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 2:35 p. m.

MINUTES APPROVED WITH CORRECTION

Cerny moved and Yates seconded the motion to approve the minutes of the March 22, 2005 meeting, with the following correction: of location of Bridge in Stanton township to read Sec. 1 & 12-6-3, in place of Sec. 1 & 1-6-3, Stanton township. Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the motion carried.

DISTRESS WARRANTS

Yates moved and Galusha seconded the motion to approve Return on Distress Warrants reported from the Fillmore County Treasurer. Totals are as follows: Amount Issued $9,292.11, Return Satisfied $5,980.33, Bankruptcy $2,723.82, Cancel $196.62, and Returned Unsatisfied $391.34. Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the motion carried.

REPORTS

The February 2005 reports for the Fillmore County Rural Transit, Family Health Services Governing Board, and Tax Sales were reviewed and ordered placed on file in the Clerk’s office.

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

The Family Health Services Governing Board met on February 17, 2005 at 4:00 p.m. in the CAMED room with Chairman Kotas presiding. Members present were Kudlacek, Johnson, Marget, and Eichelberger. Lulf and Ron Mielke were also present.

The minutes of the January meeting were accepted as presented.

It was moved and seconded to approve the Renovation project bids at a figure not to exceed the combined low bids of $875,366 for actual construction. Carried 4-0.

After discussion it was moved and seconded to request that Central Contracting, Inc. use local contractors whenever possible. Carried 4-0.

The hospital data and financial reports, and check register listing were presented. After discussion, it was moved and seconded to accept the report as presented.

Totals of the specialty clinic for January 2005 are 252 compared to 290 in 2004.

There will be a Leasing corporation meeting on February 22, 2005 in CAMED room. Following the meeting David Lucas, Attorney will meet with the County Supervisors.

As there was no other business to come before the Board, it was moved and seconded that the meeting adjourn until March 17, 2005 in the hospital CAMED room.

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FEE REPORTS

Mueller moved and Capek seconded the motion to approve the following fee reports for March 2005:

County Clerk: monthly $8,779.97 and Quarterly $28,328.43

Clerk of District Court: monthly $200.00 and Quarterly $605.00

Sheriff: monthly $1,308.07 and Quarterly $3,870.66

Upon roll call, the vote was as follows:

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

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.	$ 3,072.84
Alltel	Uti	520.45
Alltel	Uti – Cell	52.57
Ameritas Life Ins.	Ret	517.50
Aquila	Uti	1,301.44
Assurity Life Ins.	Ser	174.00
B & J Automotive	Ser	83.85
Joseph Bixby, Atty.	Ser	1,702.50
Blue Cross Blue Shield	Insu	13,258.96
Bottorf & Maser, Attys.	Ser	347.63
William Burgess	Uni, Misc	50.85
Daryl Callenius	Uni, Misc	61.22
Joseph Casson, P. C., L. L. O.	Ser	290.03
Century Lumber Center	Sup	29.15
City of Geneva	Uti	114.00
Clerk of the Supreme Court	Ser	66.50
County Assessor’s Assoc	Wksh	5.00
Co. Vets Ser Officer Assoc	Wksh	120.00
DAS Communication	Ser	350.00
Des Moines Stamp Manuf. Co.	Sup	391.60
Don’s Pioneer Uniforms	Uni	654.95
Eakes Office Plus	Sup	216.66
Earl’s Window Service	Ser	4.00
Julie Effenbeck, Atty	Ser	345.00
Election Systems & Software	Main	413.44
Tim Engle	Mile	60.75
F & S Supply Co., Inc.	Sup	215.92
Fill Cty Clk of Dist. Ct.	Cost	2,000.00
Fillmore County Sheriff	Fees	201.70
Fillmore County Treasurer	Transfers, Post, Wksh	25,780.68
Ft. Dearborn Life Ins. Co.	Insu	198.87
Franklin County Treasurer	Sup	15.07
Garbage Co., Inc.	Ser	83.35
Geneva State Bank	SS	819.04
Geneva State Bank	Sup	61.05
Jeremy Goeken	Uni	35.00
Graham Tire	Tires	54.50
Terry Hejny	Mile, Misc	283.34
Hometown Leasing	Ser	346.63
Steve Julich	Uni	35.00
Kelch Plumbing & Heating	Rep	246.86
Kerry’s Auto Repair & Serv.	Rep, Ser	296.78
Lancaster County Court	Sup	2.75
Lancaster Sheriff’s Office	Ser	16.50
Gary Latimer	Ser	100.25
Patty Lentfer	Mile	61.56
Maximus	Ser	1,359.38
Microfilm Imaging Systems, Inc.	Rent, Ser	100.00
Midwest Engines	Rep	200.95
MIPS/County Solutions, LLC	Ser	1,773.03
Moses Motor Co.	Rep	179.93
Richard Mueller/Tom Biegert	Rent	625.00
Nat’l Assoc. of Cty Vet’s Service Officers	Wksh	225.00
Nat’l Sheriff’s Assoc.	Dues	50.00
Nebraska Signal	Ads, Pro, Sup	748.11
Nelson Petroleum Co	Fuel	298.08
OMB Police Supply, Inc.	Sup	161.96
Phillips 66	Fuel	1,043.83
Platte Valley Communication	Sup	14.50
Platte Valley Comm of Hastings	Equi	485.25
Ralph Geneva Tire	Tires, Ser	276.75
Redfield & Co., Inc.	Sup	340.93
Steven Roemmich	Uni	35.00
Saline County Sheriff	Ser	37.00
Patty Scarborough	Mile	44.55
NE, Dept Corrections	Sup	419.00
NE, Dept Corrections	Boarding Prisoners	566.91
Sunflower Marketing	Sup	28.00
Weaver Pharmacy	Sup	66.20
Darlene Vodicka	Mile	8.10
Steven Yates	Mile	81.00
York County Court	Sup	11.75
York County Sheriff	Boarding Prisoners	550.00
York General Hospital	Ser	100.00
Payroll	Salaries	11,095.80
ROAD & BRIDGE
Alltel	Uti	68.37
Ameritas Life Ins.	Ret	1,653.28
Aquila	Uti	368.11
Auto Value Parts	Sup	260.49
Blackburn Mfg.	Sup	216.29
Blue Cross & Blue Shield	Ins.	10,215.95
Business World Products	Ser	26.50
C & C Extinguisher	Sup	157.50
Casper’s Const.	Building	6,500.00
Casey’s General Stores	Fuel	62.75
Century Lumber Center	Sup	115.16
City of Geneva	Uti	50.70
Dorchester Farmers Coop	Fuel	1,696.76
Farm Plan	Sup	280.32
Fillmore County Hospital	Ser	30.00
Filter Care of NE	Ser	187.50
Ft. Dearborn Life Ins. Co.	Insu	124.04
Geneva Carquest	Sup	493.15
Geneva State Bank	SS	1,864.33
Geneva Welding & Supply	Sup, Rep	1,079.65
Grafton Mini Mart	Fuel	207.56
Grafton Oil, Inc.	Fuel	1,347.66
Lichti Bros. Oil Co.	Fuel	966.64
Marlborough	Sup	45.00
Matt Friend Truck Equip.	Sup	89.47
Michl Service	Fuel	90.00
Midwest Service & Sales	Sup	49.61
NE/IA Industrial Fasteners	Sup	107.56
NE Signal	Ad	19.85
Donna Nedrow, TR	Easement, Misc	940.00
Nelson Petrol	Fuel, Sup	3,681.97
Nichols Const.	Gravel	26,518.45
Nick’s Farm Store	Equi, Sup	501.63
Perennial Pub Power	Uti	43.44
Phillips 66	Fuel	34.31
Platte Valley Comm	Rep	199.16
Power Plan	Sup	2,313.70
Ralph’s Geneva Tire	Tires, Rep	444.20
Speece Lewis Engineers	Fees	1,392.13
Texaco	Fuel	34.00
Thermo King Christensen	Sup	157.70
Tie Yard of Omaha	Gravel	2,751.42
US Postal Serv	Postage, Sup	210.85
Village of Fairmont	Uti	27.29
Village of Milligan	Uti	19.96
Village of Ohiowa	Uti	20.00
Weaver Pharmacy	Sup	17.14
Weldon Industries	Sup	77.57
York Farm Supply	Sup	25.00
Zep Mfg Co.	Sup	73.31
Payroll	Salaries	25,613.21
ECONOMIC DEV - TOURISM
Fillmore Cty Dev. Corp.	Mile, Ser, Sup	431.61
MEDICAL/RELIEF
York Medical Clinic	Ser	14.04
SENIOR SERVICES
Janet Bartak	Mile	35.00
Blue Cross & Blue Shield	Insu	869.44
Dawg’s Smokehouse Café	HDM’s	18.00
Judy Dondlinger	Ser	130.00
Exeter Care Center	HDM’s	350.00
Exeter Golden Agers	USDA - Jan	30.21
Fairmont Aging Services	USDA - Jan	141.93
Fillmore County Rural Transit	Ser	15.00
Ft. Dearborn Life Ins. Co.	Insu	11.30
Geneva Senior Center	USDA – Jan, Rent, Uti, Sup	824.05
Susan Kerl	Ser	120.00
Nancy Kohler	Mile, Sup	277.42
Jeannine Krejci	Ser	70.00
Elizabeth Mattox Manning	Ser	120.00
NE Signal	Ad	30.00
Rhonda Stokebrand	Mile	76.54
Ron’s Tavern	HDM’s	244.00
JoAnn Vavra	Ser	120.00
COPS GRANT
Blue Cross & Blue Shield	Insu	434.72
Ft. Dearborn Life Ins. Co	Insu	5.65
INHERITANCE TAX
Fillmore County Treasurer	Transfer	9,000.00
KENO FUND
Edgar Recreation Center	Grant Award	700.00
NOXIOUS WEED FUND
Alltel	Uti	39.71
Blue Cross & Blue Shield	Insu	434.72
Chaney Chemical Inc.	Chemicals, Sup	18,699.00
Eagle Auto Supply	Sup	50.91
Merlin Ehmen	Rent, Dues	295.00
Ekeler Repair	Sup	9.00
Ft. Dearborn Life Ins. Co.	Insu	2.26
Grafton Mini Mart	Fuel	114.91
NE Signal	Ads	20.88
Platte Valley Comm.	Rep	40.00
Ralph’s Geneva Tire & Service	Rep, Tire	154.61

CLAIMS APPROVED

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

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

Nays: None Abstaining due to conflict of interest: Yates

The Chairman declared the motion carried.

SALARY COMMITTEE

The Chairman appointed Yates, Cerny and Simacek to be the salary committee this year.

DRIVEWAY PERMITS

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

Raymond Lentfer – to install a new driveway west of an existing one on the north side of the NW ¼ of Sec. 17-5-2, Belle Prairie Township;

Stanley & Donna Schelkopf – to replace existing 20 ft. field driveway (located south of residential driveway) with a new 40 ft. driveway on the east side of the NE ¼ of Sec. 31-6-2, Chelsea Township;

Joe Kaderabek – to install a new driveway on the north side of the NW ¼ of Sec. 32-6-1, just west of the corner, Glengary Township;

Kimberley Lemke – to replace existing 12 ft. driveway with a new 40 ft. driveway on the south side of the SW ¼ of Sec. 29-6-3, Stanton Township;

Ben Votipka – lower existing driveway culvert on the west side of the SW ¼ of Sec. 1-7-2, Madison Township; and

Lynn Carlson – to widen existing driveway to 40 ft. on the east side of NE ¼ of Sec. 26-6-4, Momence Township

Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the motion carried.

DITCH CLEANING PERMITS

Yates moved and Capek seconded the motion to approve the following application for a permit to clean silt from a road ditch:

Joe Kaderabek – to clean silt from a ditch adjoining the north side of the NW ¼ of Sec. 32-6-1 just west of corner, Glengary Township

Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the motion carried.

OCCUPY COUNTY RIGHT-OF-WAY

Galusha moved and Mueller seconded the motion to approve the following permit to occupy county right-of-way:

Alltel Communications – to bury communication cable inside Sec. 8-7-2 running north and south, Madison Township. Alltel agrees to restore the public roads where they will be working to the same condition as they were prior to their work, and will accomplish such restoration to the reasonable satisfaction of the Fillmore County Officials.

Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the motion carried.

PROGRAM RESOLUTION

After discussion, Mueller moved and Cerny seconded the motion to approve and sign the program resolution from Speece-Lewis Engineers on the bridge replacement in Sec. 15 & 22-7-1, Liberty Township Bridge. Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the motion carried.

ENGINEERING AGREEMENT

After discussion, Cerny moved and Yates seconded the motion to approve the engineering agreement for normal field survey, grading & culvert plans, bridge site survey, hydraulic analysis, bridge design and plans on Sec. 15 & 22-7-1, Liberty Township Bridge. Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the motion carried.

CULVERT PIPE LETTING

After discussion, Yates moved and Galusha seconded the motion to reject bids that were received on the culvert pipe letting and to use the open market to purchase as needed. Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the motion carried.

911 SIGNS

There was discussion on using 911 Budget money for the 911 signs that are placed in Fillmore County. After discussion it was tabled to be discussed at budget time.

MOTOR GRADE BLADE LETTING

After discussion, Cerny moved and Capek seconded the motion to pass on the motor grade blade letting scheduled for May 24, 2005 and buy on the open market as needed. Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the motion carried.

APPROVE MAXIMUS CONTRACT

Galusha moved and Yates seconded the motion to approve the Maximus contract for fiscal years 2004, 2005, and 2006. Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the motion carried.

PRECINCT CONSOLIDATION

After discussion, Cerny moved and Galusha seconded the motion to approve the proposed precinct and polling place consolidation beginning with the 2006 Election as follows:

Hamilton Township will join Momence and Bryant Townships to vote in Shickley. Belle Prairie, including Strang Village will join Chelsea and Stanton Townships to vote at the Geneva Fairgrounds. Franklin Township, including Ohiowa Village will join Liberty and Glengary Townships to vote in Milligan. North Geneva will move from the NPPD Bldg, South Geneva will move from the Courthouse and Madison Township will move from the CAMED room at the hospital and will all be voting at the Fillmore County Fairgrounds. Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the motion carried.

ADOPTED NATIONAL INCIDENT COMMAND SYSTEM

Emergency Manager Director, Terry Marshall submitted a resolution to adopt the National Incident Command System (NIMS).

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

RESOLUTION NO. 2005-10

WHEREAS, the County of Fillmore has a responsibility to insure coordinated and efficient emergency and disaster response for its citizens; and

WHEREAS, Homeland Security Directive (HSPD)-5 directs the development and administration of NIMS to provide a consistent nationwide approach for federal, state, local, and tribal governments to work together more effectively and efficiently to prevent, prepare for, respond to and recover from doestic incidents regardless of cause, size of or complexity; and

WHEREAS, the National Incident Management System (NIMS) is recognized by the Federal Department of Homeland Security as the standardized incident command system for this coordinated response; and

WHEREAS, the State of Nebraska has adopted the National Incident Command System (NIMS) through executive order 05-02 of Governor David Heineman; and under the authority and provisions of RRS 81-829.40 as the accepted standard guide to emergency and disaster response by all 1^st responders with adherence will be expected; and

WHEREAS, the NIMS standardized procedures for managing personnel, communications, facilities, and resources will improve the county’s ability to use federal funding to enhance local and state departmental/agency readiness, maintain first responder safety, and streamline the incident management process; and

WHEREAS, under the authority of the Fillmore County Board Resolution 2003-45 passed on November 25^th, 2003 the Fillmore County Board hereby directs that the National Incident Management System (NIMS) shall be the system used for management for the preparation for, response to and recovery from emergencies/disasters affecting all of Fillmore County and hereby directs that each department/agency/organization and elected officials who have emergency or disaster responsibilities to implement the structure of the National Incident Management System for Fillmore County including implementing NIMS into all emergency and operational procedures; and

WHEREAS, the implementation of the National Incident Management System shall have a target date for full implementation by the end of September 2006 consistent with state and national implementation of NIMS nationwide.

Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the resolution adopted.

CLOSED SESSION FOR PERSONNEL

Yates moved and Cerny seconded the motion that 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, personnel items authorized by Statute to be discussed in closed session.

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

Nays: None

The Chairman declared the motion carried and requested the Emergency Manager to remain. Closed session began at 11:25 a. m.

RETURN TO REGULAR SESSION

Mueller moved and Cerny seconded the motion to return to open session at 11:50 a. m. Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the motion carried.

JAIL INSPECTION

Everything looked good with the jail inspection.

COURTHOUSE PROJECT – ODDS & ENDS

Agreed to install previously authorized security system buttons on the third floor and to finish the odds and ends that are left from the renovation of the courthouse. Yates agreed to call the contractor to set up a time for completion.

SUBSTITUTION OF SECURITIES

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

RESOLUTION NO. 2005-11

SUBSTITUTING SECURITIES:

RESOLVED, that Geneva State Bank of Geneva, Nebraska be permitted to substitute the following security held by the Federal Home Loan Bank of Topeka, Trustee:

Letter of Credit #4647, in the amount of $1,500,000.00

and that the following security be substituted:

Letter of Credit #6624, in the amount of $1,500,000.00

Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the resolution adopted.

PLANNING & ZONING COMMISSION

Mueller moved and Yates seconded the motion to accepted the appointment of Tom D. Manning to replace Jim Zeleny who is resigning from the Planning & Zoning Commission. Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the motion carried.

VENTILATION FAN FOR COMPUTER ROOM

After discussion, Cerny moved and Capek seconded the motion to have a ventilation fan installed in the computer room by Schelkopf’s Engineering for $1,096.00. Upon roll call, the vote was as follows:

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

Nays: None Not Voting: Mueller

The Chairman declared the motion carried.

INTERNET ACCESS PROPOSAL

Proposal from Lora Potts and Scott Neff of Dark Fiber Solutions/Galaxy Cable, Inc. for fiber optic based internet access. Proposal was ordered placed in Clerk’s office for a future date.

POLICY ON BOARD AUTHORITY OVER NATURAL DRAINAGE

After discussion with the County Attorney, Jill Cunningham and Deputy County Attorney, Howard Ach, it was decided that the County would follow State statutes regarding cleaning of natural drainage areas through private land County Highway Superintendent will send a letter out regarding cleaning out the natural drainage area, if no action is taken then a letter from the County Attorney’s office will be sent out. County Attorney will draw up a Resolution for next board meeting. Attending was Richard Kleinschmidt.

HARTFORD 457K

After discussion there was no action taken on the Hartford 457K changes.

ECONOMIC DEVELOPMENT ISSUE

An announcement of the proposed Ethanol Plant was made stating that this could be one of the largest plants in Nebraska, employing 40 to 50 people. It was discussed that the County would need to provide access off of Hwy. 81. They are looking at three sites in Fillmore County and waiting for all permits to go through for further discussion and action. The Chairman appointed Cerny and Galusha to attend the Ethanol Plant meetings and bring information to the Board. Attending were Richard Kleinschmidt, Elmer Hessheimer, Lora Potts, Scott Neff and Patt Lentfer.

ADJOURNMENT

Agenda item “Employee Manual” was tabled until the April 26^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 26, 2005.

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Attest Chairman

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