April 26, 2005

The Fillmore County Board of Supervisors convened in open and public session at 9.00 a.m. April 26, 2005, in the Courthouse Boardroom in Geneva, Nebraska with Chairman Kimbrough presiding. Members present were Yates, Galusha, Mueller, Cerny, Simacek and Capek. Capek was absent after 12:00 noon. 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 2:00 p. m.

MINUTES APPROVED

Yates moved and Capek seconded the motion to approve the minutes of the April 12^th regular meeting of the Board. 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.

REPORTS

Minutes of the March, 2005 Family Health Services Governing Board were reviewed and ordered placed on file in the Clerk’s office. The following is a synopsis of the March minutes:

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

The minutes of the February meeting were accepted as presented.

Eichelberger gave an update reporting that the schedule of construction has been revised based on the building needs. He also reported that the fundraising to date is $335,000.00.

It was moved and seconded to accept the Hospital data, financial reports, and check register listing reports. Carried 5-0.

Totals of the specialty clinic for February 2005 are 260 compared to 270 in 2004. Year to date total for 2005 is 512 compared to 560 in 2004.

Eichelberger was instructed to make an offer to the realtor on the empty lot across the street from the hospital.

It was moved and seconded to approve the application from Dr. Deborah Davidson, DO, a pathologist, for consulting privileges. Carried 5-0.

There was no other business to come before the Board, it was moved and seconded that the meeting adjourn until April 15, 2005 in the CAMED room.

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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	$117.03
Alltel	Uti	229.67
Ameritas Life Ins. Corp	Insu	3,952.78
Aramark Uniform Services, Inc.	Ser	192.33
Assurity Life Insurance Co.	Ser	168.00
John Becker	Mile, Wksh	46.06
Larry Biester	Mile, Wksh	49.65
Marilyn Christiancy	Ret	25.00
City of Geneva	Rent	440.00
Drummond American Corp.	Sup	41.63
Duckwall-Alco Stores, Inc.	Sup	12.65
Robert Dumpert	Mile, Wksh	73.95
Sharon Elznic	Mile, Wksh	56.94
Farm & Home Publishers, LTD	Sup	1,181.05
Fillmore County Bldg. & Grounds	Sup, Misc	49.96
Fillmore County Treasurer	Transfer, Interest	2,330.35
Gambles	Sup	208.56
The Garbage Company	Ser	18.16
Geneva State Bank	SS	4,324.82
Geneva State Bank	Ser	25.00
Geneva Super Foods	Sup	31.43
Great Plains Appraisal	Ser	1,320.00
Norma Gregory	Ret	25.00
Lyle Heinrichs	Mile, Wksh	25.46
Hilty’s of Geneva	Sup	481.70
Hometown Leasing	Ser	238.62
Information Systems	Sup	106.65
JEO Consulting Group, Inc.	Ser	267.50
Jim’s Repair	Ser	28.50
Kalkwarf & Smith Law Offices, LLC	Ser, Mile	2,660.49
Ralph Kassik	Mile, Wksh	33.56
Richard Kleinschmidt	Mile	6.48
Stephen Kraviec	Ser, Postage, Software	1,668.67
Kustom Signals, Inc.	Sup	79.00
Latimer Reporting	Ser	174.90
Lease Consultants Corp.	Ser	249.00
William Leif	Mile	14.17
Harold Long	Mile	7.69
Madison County Court	Sup	13.75
Ann McDonald	Ret	18.00
Microfilm Imaging Systems, Inc.	Rent, Ser	100.00
Mid-American Research Chemical, Inc.	Sup	63.00
Morley Most	Mile, Wksh	73.95
Bob Mueller	Mile	174.15
Nebr National Bank	Ser	187.59
Nebr Public Power Dist.	Uti	731.26
Nebr Technology & Telecommunications, Inc.	Uti	1,199.79
Merle Noel	Mile, Wksh	37.96
Reg Noel	Mile, Wksh	71.52
Notary Public Underwriters of Nebr, Inc.	Misc	175.00
Parade of Flags	Sup	58.80
PC Nuts	Sup	29.80
Region V	Ser	2,952.25
Saline Co. Sheriff	Ser	40.00
Mary Saum	Mile	211.41
Saunders County Court	Misc	5.00
Secretary of State	Ser	40.00
Seiler & Parker, P.C.	Ser	1,174.00
State of Nebr Dept of Admin Serv.	Ser	44.81
State of Nebr Dept of Motor Vehicles	Misc	4.00
State of NE HHS Laboratory	Ser	75.00
Barbara Stephenson	Mile	78.17
UN-L IS Telecommunications	Uti	34.53
USDA, APHIS	Ser	1,513.00
USDA-FSA – Aerial Photography	Ser	50.00
Carroll Verhage, MD	Ser	118.09
Eric Williams	Mile	284.31
York Boot N Repair	Misc	9.00
York General Hospital	Ser	262.00
Payroll	Salaries	61,768.80
ROAD & BRIDGE
American Family Life Assurance Co	Ser	47.35
Ameritas Life Ins. Corp	Ret	1,653.28
Beatrice Concrete Co., Inc.	Gravel	1,143.14
Contech	Sup	342.00
William & Margaret Cumberland, Trustees	Easement, ROW	3,436.00
Dorchester Farmers Coop	Fuel	854.07
Farm Plan	Rep, Sup	4,309.58
Gambles	Sup	105.39
The Garbage Co	Ser	48.89
Geneva State Bank	SS	1,847.79
Ralph Gould	Ret	18.00
Grafton Mini Mart	Fuel	268.33
Grafton Oil	Fuel	1,488.24
Donovan Jirkovsky	Ret	25.00
Kabredlo’s	Fuel	44.75
Lichti Bros. Oil	Fuel	1,191.44
Mid-Land Equip. Co.	Sup	195.76
Midwest Service & Sales	Sup	660.00
Nebr Assoc County Engineers, Hwy Sup.	Wksh	75.00
Nebr Machinery Co	Sup	2,427.61
Nebr Public Power	Uti	218.96
Nebr Tech & Telecomm, Inc.	Uti	117.93
Nelson Petro	Fuel	2,693.56
Overland Sand & Gravel	Gravel	1,149.36
Perennial Public Power	Uti	50.60
Presco Sales & Service	Sup	2,955.81
RAK Industries	Sup	9,600.00
Speece Lewis Engineers	Ser	6,970.52
Superior Deshler, Inc.	Fuel	40.84
Universal Lubricants	Sup	3,750.05
USIS Commercial	Ser	89.70
Van Kirk Bros. Contracting	Sup	50,474.47
Village of Exeter	Uti	49.75
Payroll	Salaries	25,397.21
MEDICAL/RELIEF
Weaver Pharmacy	Sup	537.64
York Medical Clinic	Ser	87.63
INSTITUTIONS FUND
State of Nebr Health & Human Serv.	March Patient Care	537.00
SENIOR SERVICES FUND
Ameritas Life Ins. Corp.	Insu	264.31
Fillmore County Treasurer	Postage	148.00
Geneva State Bank	SS	334.56
Payroll	Salaries	4,415.03
COPS GRANT
Geneva State Bank	SS	146.62
Payroll	Salaries	1,916.67
KENO FUND
Fillmore County Treasurer	Quarterly Return	1,401.36
HOSPITAL OPERATING FUND
Fillmore County Hospital	March Tax Col	3,390.10
NOXIOUS WEED FUND
Ameritas Life Ins. Corp.	Ret	160.28
Gaylord Cradduck	Mile	27.54
Geneva State Bank	SS	196.95
Frances Heinrichs	Mile	27.54
Tim Schepers	Mile	12.96
Payroll	Salaries	2,764.40
E911 COMMUNICATIONS FUND
Alltel	Uti	948.44

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.

DITCH CLEANING PERMITS

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

Bettger Bros. – to clean silt from a ditch adjoining to the south side of the SW ¼ of Sec. 16-8-2 just west of the half mile line, Fairmont Township. 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.

OCCUPY COUNTY RIGHT-OF-WAY

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

John Schelkopf – to bury electric line from NW ¼ of Sec. 26-7-3 to NE ¼ of Sec. 27-7-3 running east and west, Geneva Township. John Schelkopf is agreeing to return the damaged area to its’ original condition and the new utility shall be at least 3’ below present flow line of ditch.

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.

APPROVE CHANGE ORDER FOR CONCRETE BOX CULVERT

Simacek moved and Capek seconded the motion to approve the change order on concrete box culvert for Sec. 9 & 10-8-2 Fairmont Township. Change order is due to unsuitable material under the box culvert, that crushed rock stabilization was required. The amount of the change order is $3,689.40, which includes all material, labor, transportation, profit, and overhead. 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.

STRUCTURAL STEEL INVENTORY

After discussion Yates moved and Galusha seconded the motion to declare a surplus of structural steel inventory and to sell the surplus. 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.

APPROVE NATURAL DRAINAGE/NATURAL WATERWAYS POLICY

County Attorney submitted a resolution for board authority concerning waterways. Cerny moved and Yates seconded the introduction of the following resolution:

RESOLUTION 2005-12

WHEREAS, pursuant to Nebraska Revised Statute, the County Board of Fillmore County, Nebraska has the power to cause all natural courses to be kept clean and free of obstructions; and

WHEREAS, the Board of Supervisors of Fillmore County, Nebraska intends to comply with all Nebraska statutes including those dealing with watercourses, obstruction of watercourses, cleaning of watercourses and owner responsibility with regard to watercourses;

NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Fillmore County, Nebraska that they intend to comply with and follow all Nebraska statutes regarding watercourses and upon a grievance filed by a landowner and upon proper consideration intend to forward a letter to the landowner requesting the landowner to clean such watercourse, slough, drainage ditch or drainage course;

BE IT FURTHER RESOLVED that should the landowner fail to clean the above referenced watercourse, slough, drainage ditch or drainage course, the Board of Supervisors of Fillmore County, Nebraska will direct the Fillmore County Attorney to forward a letter to such landowner directing compliance with pertinent statutes.

Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the resolution carried.

PLANNING AND ZONING COMMISSION

Galusha moved and Capek seconded the motion to accept the appointment of Tom Boyer and Ralph Kassik to the Planning and Zoning Commission. 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.

CAPEK SUBDIVISION NW ¼, Sec. 26-6-1

Planning and Zoning Administrator Slezak submitted the plat for the Capek Subdivision, located in the NW ¼ of Sec. 26-6-1, Glengary Township.

Capek moved and Mueller seconded the motion to approve the plat of the Capek Subdivision as follows:

A tract of land comprising a part of the NW ¼ of Section 26, Township 6 North, Range 1 West of the 6^th P.M., Fillmore County, Nebraska, described as follows: Commencing at the NW corner of said NW ¼, and assuming the west line of said NW ¼ to have a bearing of N00’00’00”E; thence S00’00’00”W, and on the west line of the said NW ¼, 1426.58 feet to the point of beginning, said point being a ¾” rebar w/cap; thence N89’44’13”E, 593.00 feet to a ¾” rebar w/cap; thence S00’00’00”W, and parallel with the west line of said NW ¼, 220.37 feet to a ¾” rebar w/cap; thence S89’44’13”W, 593.00 feet to a ¾” rebar w/cap on the west line of said NW ¼; thence N00’00’00”E, and on the west line of said NW ¼, 220.37 feet to the point of beginning and containing 3.00 acres more or less of which 0.17 of an acre more or less is occupied by county road R.O.W.

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.

APPOINTMENT OF SAFETY COMMITTEE

Cerny moved and Galusha seconded the motion to appoint Daryl Callenius, Bob Mueller, Gerald Slezak, and Pat Halbur to a two-year term on the safety committee. The term runs from January 1, 2005 to December 31, 2006. Upon roll call, the vote was as follows:

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

Nays: None Abstaining due to conflict of interest: Mueller

The Chairman declared the motion carried.

BOARD OF EQUALIZATION

At the request of the County Assessor, Yates moved and Cerny seconded the motion to go into session as the Fillmore County Board of Equalization at 1:24 p.m. Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the motion carried.

TAX CORRECTIONS

Cerny moved and Yates seconded the motion to approve Tax Correction No. 38-03 and Tax Corrections 15-04 through No. 24-04 as presented by the County Assessor. Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the motion carried.

VALUATION CHANGES

Mueller moved and Simacek seconded the motion to approve Valuation changes on file as presented by the County Assessor. Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the motion carried.

RETURN TO REGULAR SESSION

Cerny moved and Mueller seconded the motion to adjourn as Board of Equalization and return to regular session of the Fillmore County Board of Supervisors at 1:45 p.m. Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the motion carried.

ADJOURNMENT

Agenda items “Employee Manual and Fillmore County Aging Services” were tabled until the May 10^th meeting. As there were no other items to come before the Board, the Chairman declared the meeting adjourned until 9:00 a. m. May 10, 2005.

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Attest Chairman

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