May 10, 2005

The Fillmore County Board of Supervisors convened in open and public session at 9.00 a.m. May 10, 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 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 1:37 p.m.

MINUTES APPROVED

Yates moved and Cerny seconded the motion to approve the minutes of the April 26^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.

WASTE REDUCTION & RECYCLING FUND AWARD

Patt Lentfer from Fillmore County Development Corp. informed the Board that Fillmore County was awarded an Incentive Grant for Waste Reduction and Recycling. After discussion it was decided to hold a Tire Recycling day in March 2006.

ROUTE 6 NEBRASKA

Patt Lentfer also presented a letter from the Route 6 Travel Association to the Board. The Association is asking for $100.00 in dues from each county through which the highway passes for use in promoting the road as a more leisurely route to travel than I-80. Route 6 still follows most of the original route through Nebraska.

Simacek moved and Mueller seconded to pay $100.00 for 2005 Route 6 Nebraska Tourism Association dues. 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.

COURTHOUSE SIGN ON HIGHWAY 81

Mueller moved and Yates seconded the motion to approve paying $200.00, which is 1/3 of the rent on the Courthouse sign located north of Hebron on Hwy. 81. The Tourism Committee and the Geneva Chamber of Commerce has also agreed to each pay a 1/3 of the rent. 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.

BOX CULVERT PROJECT IN MADISON

Madison Township Board members, Tom Novak and Tom D. Manning met with the Board about the proposed box culvert at the intersection of Road L and 16 in Madison Township. After discussion it was decided to have a public hearing on June 28, 2005 at 10:00 a.m.

APPROVE CHANGE ORDER FOR CONCRETE BOX CULVERT

Yates moved and Capek seconded the motion to approve the change order on the concrete box culvert for Sections 15 – 22 Belle Prairie Township. Change order is due to unsuitable material under the box culvert, that crushed rock stabilization is required. The amount of the change order is $4,342.00, which includes all material, labor, transportation, profit, and overhead. 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 SHICKLEY QUINCE STREET PAVING PROJECT

Yates moved and Mueller seconded the motion to approve Project No. STPE-2725(6), in Shickley, to pave Quince Street extending 0.69 mile north from the south edge of Shickley to Highway 74, this project will begin in 2007. The Federal-Aid Surface Transportation Programs funds will be used for part of this project. 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.

APPROVE GENEVA 1^ST STREET PAVING PROJECT

Galusha moved and Yates seconded the motion to approve Project No. STPE-2727(2), in Geneva, to pave 1^st Street extending 0.73 mile to the north from Highway 41, this project will begin in 2007. The Federal-Aid Surface Transportation Programs funds will be used for part of this project. 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.

EMERGENCY DECLARED TO ADD ITEM TO AGENDA

At the request of the Highway Superintendent Hessheimer, Simacek moved and Cerny seconded the motion to declare an emergency in order to add an item to the agenda, said item to purchase the Lauber property. 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.

APPROVE PURCHASE OF PROPERTY

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

RESOLUTION 2005 – 13

A RESOLUTION APPROVING THE EXECUTION OF A LAND PURCHASE AGREEMENT BETWEEN CLAITON H. LAUBER AND CAMILLA LAUBER AND FILLMORE COUNTY.

BE IT RESOLVED, By the Board of Supervisors of the County of Fillmore, in the State of Nebraska, that this Board hereby approves and authorized that acquisition of land, by the County of Fillmore through a Purchase Agreement with Claiton H. Lauber and Camilla Lauber. Legal description of Purchase Agreement is all of Lot Forty-Four (44), Austin Knowler’s First Addition to the City of Geneva, Fillmore County, Nebraska, except the north twenty-two (22) feet thereof. The Purchase Agreement shall include the following terms, with such charges as are deemed reasonable or necessary by the Chairman of the Board of Supervisors. Purchase Amount: $3,000.00; Survey: $200.00 to be paid by Claiton H. & Camilla Lauber; Title Commitment: Karen West will handle and Fillmore County is required to pay.

Settlement and closing of the Purchase Agreement shall be on May ???, 2005. Fillmore County shall send payment to owner of acquisition property following receiving a signed Purchase Agreement.

BE IT FURTHER RESOLVED, that the Chairman or Vice Chairman of the Board of Supervisors and the County Clerk are hereby authorized and directed to sign the Purchase Agreement and related documents.

This Resolution shall be in full force and effect from and after its passage.

Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the resolution adopted.

EMERGENCY DECLARED TO ADD ITEM TO AGENDA

At the request of Highway Superintendent Hessheimer, Mueller moved and Simacek seconded the motion to declare an emergency in order to add an item to the agenda, said item a patching proposal. 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.

PATCHING PROPOSAL

After discussion, Yates moved and Galusha seconded the motion to approve J & L Paving to patch 1^st Street in Geneva and Quince Street in Shickley, before it is armor coated it. 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.

ROADS DISCUSSION

Highway Superintendent Hessheimer and the Board discussed what effects a change in County Government to Commissioners would have on the roads department. Hessheimer didn’t think that it would affect the roads department very much.

WASTE OIL SALARY

After discussion is was determined that the Waste Oil employee’s salary will be addressed at budget time like all other county employees.

BLUE VALLEY COMMUNITY ACTION

Rick Nation, Robin Edson and Sandi Danskin of Blue Valley Community Action presented the annual report and the budget request for 2005-2006. The budget request for the county increased to $3,571.00 or $70.00 more than for 2004-2005. Action on the request will be taken during the budget process later this summer.

CONTRACTING WITH GENEVA WELDING AND SUPPLY, INC.

County Attorney submitted a resolution for contracting with Steven Yates and Geneva Welding and Supply, Inc. After discussion Cerny moved and Simacek seconded the introduction of the following resolution:

RESOLUTION 2005 – 14

CONCERNING CONTRACT WITH GENEVA WELDING & SUPPLY, INC.

WHEREAS, Steven Yates is a member of the Board of Supervisors of Fillmore County, Nebraska;

WHEREAS, Steven Yates is the sole proprietor of a business operated in Geneva, Fillmore County, Nebraska under the name of Geneva Welding and Supply, Inc.; and

WHEREAS, the County of Fillmore on a regular basis does business with Geneva Welding and Supply, Inc.;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Fillmore County, Nebraska does hereby approve the purchase of merchandise and material from Steven Yates doing business as Geneva Welding and Supply, Inc., and the sale by Steven Yates of merchandise and material to the County of Fillmore on a per invoice basis in an amount not to exceed $5,000.00, without the prior approval by virtue of a resolution passed by the Board of Supervisors of Fillmore County, Nebraska;

BE IT FURTHER RESOLVED, the Board of Supervisors directs that the Clerk of Fillmore County, Nebraska, maintain a separate ledger relative to any purchases made by representative of the County of Fillmore from Geneva Welding and Supply, Inc., or contracts for the purchase of any material, which ledger contains the following information as provided for by Nebraska Revised Statute §49-14, 103.02:

1) Names of the contracting parties;

2) Nature of the interest of the officer in question;

3) Date that the contract was approved by the governing body;

4) Amount of the contract; and

5) Basic terms of the contract.

Upon roll call, the vote was as follows:

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

Nays: None Abstaining due to conflict of interest: Yates

The Chairman declared the resolution adopted.

FEE REPORTS

Yates moved and Simacek seconded the motion to approve the following fee reports for April 2005:

County Clerk: $10,358.75 Clerk of District Court: $295.00

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.

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	Rent, copies, post, misc	$2,914.43
Alltel	Uti	487.67
Ameritas Life Ins. Corp.	Insu	616.79
Aquila	Uti	384.09
Blue Cross/Blue Shield	Insu	12,498.20
William L. Burgess	Uni, meals	52.80
Daryl L. Callenius	Uni, meals	41.95
Century Lumber Center-Geneva	Sup	7.49
City of Geneva	Uti	114.00
DAS Communications	Rent	350.00
Douglas County Sheriff	Ser	15.50
Eakes Office Plus	Sup, Furnt	3,053.85
Earl’s Window Service	Ser	4.00
Executive Copier Systems	Ser	66.65
Fillmore Co Dev. Corp	3^rd Quarter Budget	8,750.00
Fillmore Co Sheriff	Fees	390.35
Fillmore Co Treasurer	Post, Wksh	1,374.87
Ft Dearborn Life Ins. Co	Insu	189.54
Galls Incorporated	Rep	66.92
Geneva State Bank	SS	898.57
Jeremy Goeken	Uni, meals	46.75
Terry Hejny	Mile	19.00
Hometown Leasing	Ser	211.25
Jill’s Sweet Shop	Sup	18.73
Steve Julich	Uni	35.00
Kerry’s Auto Repair	Main, rep	404.90
Terry Marshall	Sup, Uti	449.03
Mid America Vision Center	Ser	196.00
MIPS/Co Solutions, LLC	Ser	1,736.81
Richard Mueller/Tom Biegert	Rent	625.00
Nebraska Signal	Ads, Pro, Sup	1,892.89
Nebr Supreme Court Pub Office	Sup	350.00
Amy Nelson	Mile	57.00
Nelson Petroleum Co	Fuel	405.37
Mary Novak	Mile	60.75
Parade of Flags	Sup	231.95
Deanna Peshek	Mile	30.37
Phillips 66	Fuel	1,454.29
Ralph’s Geneva Tire & Ser	Rep, maint	579.86
Redfield & Co, Inc.	Sup	374.73
Steven Roemmich	Uni	35.00
Patty Scarborough	Mile	12.96
Seiler & Parker, PC	Fees, serv	3,580.12
St of Nebr Crime Commission	Sup	14.00
St of Nebr Dept Correction	Boarding prisoners	2,055.42
Thayer Co Sheriff	Fees	24.57
York Co Sheriff Dept	Boarding prisoner	220.00
Payroll	Salaries	12,135.15
ROAD & BRIDGE
Ace Irrigation & Mfg	Culverts	13,935.10
Alltel	Uti	67.80
American Family Life Ins. Co	Insu	47.35
Ameritas Life Ins Corp	Insu	1,653.28
Aquila	Uti	346.99
Auto Value Parts Stores	Sup	118.60
Blue Cross/Blue Shield	Insu	10,107.27
Business World Products	Ser	56.30
Casey’s General Store	Fuel	62.84
Century Lumber	Sup	101.44
City of Geneva	Uti	56.90
Don’s Signs	Signs	233.75
Ft Dearborn Life Ins Co	Insu	124.04
Geneva Carquest	Sup	547.63
Geneva Implement	Sup	59.07
Geneva State Bank	SS	1,845.66
Geneva Welding & Supply	Sup	70.91
Jill’s Sweet Shop	Misc	23.31
Heath Inc	Rep	50.00
Heath Machine Shop	Rep, maint	142.52
Elmer Hessheimer	Sup	13.45
Lichti Bros. Oil	Fuel	13,130.47
Midwest Service & Sales	Sup	52.72
Nebr Bolt	Sup	119.10
Nebr Dept of Roads	By-pass project	1,537.79
Nebr/Iowa Industrial Fasteners	Sup	156.85
Nebr Truck & Equip	Parts	53.15
Nelson Petroleum	Fuel, Sup	1,156.46
Newman Traffic Signs	Signs	2,069.82
Nichols Construction	Gravel	47,847.20
Nick’s Farm Store	Sup	7.75
Thomas R. O’Brien	Easement	50.00
Perennial Public Power	Uti	30.88
Phillips 66 Co	Fuel	1,558.66
Power Plan	Rep, Sup, Maint	1,264.24
Ralph’s Geneva Tire & Ser	Tires, Ser	3,090.66
Texaco	Fuel	101.75
Van Kirk Bros. Contracting	App. #1	46,077.80
Payroll	Salaries	25,369.21
ECONOMIC DEV-TOURISM
Siegel Display Products	Sup	304.39
SENIOR SERVICES FUND
Janet Bartak	Mile, Ser	77.62
Blue Cross/Blue Shield	Insu	869.44
Dawg’s Smokehouse Café	HDM’s	98.18
Judy Dondlinger	Ser	130.00
Exeter Care Center	HDM’s	227.50
Exeter Golden Agers	USDA-Feb, 4^th Qt Adv.	299.59
Fairmont Aging Services	USDA-Feb, 4^th Qt Adv.	1,793.63
Fillmore Co Rural Transit	Mile	15.00
Ft Dearborn Life Ins. Co	Insu	11.30
Geneva Senior Center	UDSA-Feb, Uti, Rent, Misc	2,865.92
Susan Kerl	Ser	99.67
Nancy Kohler	Mile, Sup	191.92
Jeannine Krejci	Ser	130.00
Elizabeth Mattox Manning	Ser	130.00
Nebraska Signal	Ad	24.00
Ron’s Tavern	HDM’s	172.00
Rhonda Stokebrand	Mile	61.96
COPS GRANT FUND
Blue Cross/Blue Shield	Insu	434.72
Ft Dearborn Life Ins. Co	Insu	5.65
COURTHOUSE BOND FUND
Fillmore Co Treasurer	Prin, Int	83,110.00
Fillmore Co Treasurer	Int, Ser Chg	37,148.75
HOSPITAL OPERATING FUND
Fillmore Co Hospital	Taxes	23,012.64
NOXIOUS WEED FUND
Alltel	Uti	39.75
Blue Cross/Blue Shield	Insu	434.72
Phillips 66 Co	Fuel	36.49
Merlin Ehmen	Rent	210.00
Ekeler Repair	Rep, Ser	1,002.61
Ft Dearborn Life Ins Co	Insu	2.26
Nebraska Signal	Ads	168.00
Platte Valley Comm – Grand Island	Sup	41.20

CLAIMS APPROVED

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

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

Nays: None Abstaining due to conflict of interest: Yates

The Chairman declared the motion carried.

SCHLEGEL SUBDIVISION SE ¼, SEC. 11-5-4

Planning and Zoning Administrator submitted the Schlegel Subdivision, located in the SE ¼ of Sec. 11-5-4, Bryant Township.

Simacek moved and Yates seconded the motion to approve the Schlegel Subdivision application, contingent upon the required signatures being on the plat when filed with the County Clerk’s office, and described as follows:

A tract of land located in the SE ¼ of Section 11, T5N, R4W, of the 6^th P. M., Fillmore County, Nebraska, described as follows: Commencing at the SE corner of said SE ¼; thence N00’00’00”E (Assumed bearing) on the east line of said SE ¼, 282.00 feet to the point of beginning; thence N90’00’00”W, 183.00 feet; thence N00’00’0”E parallel with the east line of said SE ¼, 595.85 feet to the northerly R.O.W. line of the abandoned Fremont, Elkhorn, and Missouri Valley Railroad company; thence N23’53’36”E on said northerly R.O.W. line, 370.34 feet; thence N90’00’00”E, 33.00 feet to the east line of said SE ¼; thence S00’00’00”W on said east line, 934.45 feet to the point of beginning, containing 3.34 acres more or less.

Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the motion carried.

TO ADD SECURITIES

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

RESOLUTION 2005 – 15

RESOLVED, that the Geneva State Bank of Geneva, Nebraska be allowed to add the following securities issued by the Federal Home Loan Bank of Topeka, KS:

Irrevocable Letter of Credit #6833 in the amount of $2,500,000.00, effective April 27, 2005 through May 31, 2005.

Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the resolution adopted.

BLUE CROSS / BLUE SHIELD

Effective July 1, 2005 Blue Cross / Blue Shield premiums will increase 5% from last year.

EMPLOYEE MANUAL

Sick day bank and dress code were the two employee manual issues that were discussed. Employees have had a few questions concerning these issues. The Board decided that they needed to ask the County Attorney a few questions and then address the issues at a late date.

ADJOURNMENT

Agenda items “Appointment to Information Technology Committee and Appointment to Fillmore County Aging” were tabled until the May 24^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 24, 2005.

______________________________________ _____________________________________________

Attest Chairman

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