May 24, 2005

The Fillmore County Board of Supervisors convened in open and public session at 9:00 a.m. May 24, 2005, in the Courthouse Boardroom in Geneva, Nebraska with Chairman Kimbrough presiding. Members present were Yates, Galusha, Mueller, Cerny, Capek, and Simacek. 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 3:55 p.m.

MINUTES APPROVED WITH CORRECTION

Simacek moved and Yates seconded the motion to approve the minutes of May 10^th regular meeting with the following correction: the following claim was listed as Courthouse Bond Fund paid to the Fillmore County Treasurer for interest and service charge in the amount of $37,148.75 and should have been listed as paid under the Highway Bond Fund. 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.

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
Joan Ackland	Mile	$162.00
Alltel	Ser	309.32
American Family Life Ins.	Ins	22.50
Ameritas Life Ins. Corp	Ret	3,847.45
Aramark Uniform Services, Inc.	Ser	152.53
Blue Valley Community Action Partnership	4^th Quarter Ser	5,000.00
Carrot-Top Industries, Inc.	Sup	151.94
Chaney Chemical, Inc.	Sup	363.30
Karen Chapman	Mile	16.20
Marilyn Christiancy	Ret	25.00
City of Geneva	Rent	440.00
Dell Marketing, LP	Equi	1,866.72
Duckwall – Alco Stores, Inc.	Sup	3.99
Eakes Office Plus	Sup, Ser	252.12
Evercom	Sup	140.00
Executive Copier Systems	Ser	68.33
Fillmore Cty Court	Cost	449.94
Fillmore Cty Treasurer	Transfer, Post	327,842.91
Gambles	Sup	133.00
Garbage Company, Inc.	Ser	101.51
General Reporting Service	Fees	71.52
Geneva State Bank	SS	4,231.47
Geneva State Bank	Fees	25.00
Geneva Super Foods	Sup	57.50
Great Plains Appraisal	Ser	8,580.00
Norma Gregory	Ret	25.00
Frances Heinrichs	Mile	13.77
Hilty’s of Geneva	Sup	775.32
Hometown Leasing	Ser	374.00
JEO Consulting Group, Inc.	Ser	1,239.38
Jill’s Sweet Shop	Sup	39.32
Juror Fees	Jury	1,020.64
Kalkwarf & Smith Law Offices, LLC	Ser, Mile, Post	2,833.03
Stephen Kraviec	Ser, Post	1,572.93
Lease Consultants Corp	Ser	249.00
Ann H. McDonald	Ret	18.00
Microfilm Imaging Systems, Inc.	Rent	100.00
Mid-American Research Chemical Corp.	Sup	516.02
Naimon Enterprises	Sup, Serv	172.60
Nebr. Cty Attorneys Assoc.	Dues, Wksh	756.50
Nebr. National Bank	Ser	187.59
Nebr. Planning & Zoning Assoc.	Wksh	70.00
Nebr. Public Power District	Uti	796.97
Nebr. State Bar	Wksh	175.00
Nebr. Technology & Telecommunications, Inc.	Uti	1,150.08
PC Nuts	Equi, Sup	216.67
Quality Inn & Suites	Wksh	203.00
R.L. Polk & Co.	Sup	220.00
Secretary of State	Ser	20.00
Jerry Smith	Fee, Mile	528.80
Southwest NE RC&D – Route 6 Nebr.	Dues	100.00
State of Nebr. Dept. of Admin. Serv	Ser	45.72
State of Nebr. Dept. of Labor	Ser	30.00
State of Nebr. HHS Laboratory	Ser	75.00
Text & Data Technologies, Inc.	Ser	850.00
UN-L IS-Telecommunications	Uti	29.35
Weaver Pharmacy	Sup	133.81
Daniel L. Werner, PC, LLO	Ser	56.25
West-Lite Corp	Sup	711.25
York Jewelry Inc.	Misc	112.35
Payroll	Salaries	60,351.70
ROAD & BRIDGE FUND
American Family Life Assurance Co	Ins	47.35
Ameritas Life Ins. Corp	Ret	1,655.24
Dorchester Farmers Coop	Fuel, Sup	2,229.60
Fillmore County Shop	Post, Sup	26.01
Gambles of Geneva	Sup, Misc	62.10
Garbage Company	Uti	48.89
Geneva State Bank	SS	1,847.88
Ralph Gould	Ret	18.00
Grafton Mini Mart	Fuel	70.00
Grafton Oil	Fuel	684.56
Donovan Jirkovsky	Ret	25.00
Lichti Bros. Oil	Fuel	778.43
Nebr. Machinery	Parts, Sup	10,982.32
Nebr. Public Power	Uti	163.80
Nebr. Tech & Telecomm, Inc.	Uti	111.04
Nelson Petroleum	Fuel	1,433.66
Paul O’Brien, Britt O’Brien, & Mark O’Brien	Easement	25.00
Overland Sand & Gravel	Gravel	4,030.39
Perennial Public Power	Uti	36.08
Speece Lewis Engineers	Fees, Mile, Sup	4,767.98
Ferne, David, Dennis Stolzenburg & Dorothy Miller	Row & Easement	1,533.00
Superior Deshler, Inc.	Fuel	142.25
Village of Fairmont	Uti	23.72
Payroll	Salaries	25,398.27
ECONOMIC DEV – TOURISM
Fillmore County Development Corp.	Website,Post, Sup, Mile	155.71
MEDICAL/RELIEF
Weaver Pharmacy	Sup	325.21
INSTITUTIONS
State of Nebr. Health & Human Services	April Patient Care	453.00
SENIOR SERVICES
Ameritas Life Ins. Corp.	Ret	264.31
Geneva State Bank	SS	333.93
JoAnn Vavra	Ser	140.00
Payroll	Salaries	4,406.78
COPS GRANT FUND
Ameritas Life Ins. Corp	Ret	148.54
Geneva State Bank	SS	146.62
Payroll	Salaries	1,916.67
INHERITANCE TAX
Fillmore County Treasurer	Transfers	174,995.00
NOXIOUS WEED FUND
Ameritas Life Ins. Corp.	Ret	154.20
Geneva State Bank	SS	160.22
Payroll	Salaries	2,284.40
E911 COMMUNICATIONS FUND
Alltel Communications	Ser, Uti	948.41

CLAIMS APPROVED

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

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

Nays: None

The Chairman declared the motion carried.

COURTHOUSE SIGN ON HIGHWAY 81

Mueller moved and Cerny seconded the motion to approve paying an additional $20.00 for the rent on the Courthouse sign located north of Hebron on Hwy. 81. The rent was increased by $60.00 a year. 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.

REGION V CONTRACT

After discussion, Cerny moved and Galusha seconded the motion to approve and sign the contract with Region V Systems for Emergency Protective Custody services for residents of Fillmore County. There were no changes from last year’s contract. 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.

DISTRICT #12 PROBATION

John McCarty, Jr., Chief Probation Officer mailed in the budget request for 2005-2006. The budget request did not increase from last years budget figure of $2,633.61. Action on the request will be taken during the budget process later this summer.

DRIVEWAY PERMITS

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

Rich Girmus – to install a new driveway north of the existing driveway, and to remove the existing driveway on the east side of the SE ¼, Sec. 7-6-1, Glengary Township;

Doris Wood and Ron Volkmer – to put a culvert in an existing driveway on the south side of the SE ¼, Sec. 28-5-2, Belle Prairie Township.

Upon roll call, the vote was as follows:

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

Nays: None Abstaining due to conflict of interest: Kimbrough

The Chairman declared the motion carried.

OCCUPY COUNTY RIGHT-OF-WAY

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

Alltel Communications – to bury communications cable between Sections 29 and 30, T5N, R1W, Franklin 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: Kimbrough, Cerny, Mueller, Galusha, Capek, Yates, and Simacek

Nays: None

The Chairman declared the motion carried.

BRIDGE BETWEEN SECTION 1 & 12, MOMENCE

Highway Superintendent, Hessheimer discussed that the bridge between Sections 1 and 12, Momence Township is too small to handle the water flow after a large rainfall. After discussion, it was decided that the Supervisors would take a look at the bridge and table the discussion until the June 14^th meeting.

UTILITY AGREEMENT

After discussion, Galusha moved and Cerny seconded the motion to approve and sign the utility agreement with Kinder Morgan Pipeline Co. to move the existing gas meter off the Fillmore County Right-of-way on County Road 6, for the Shickley North project. The estimated cost would amount to less than $500.00. 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.

BID LETTING ON COMMUNICATIONS TOWER

The bid was opened at 10:00 a.m. as advertised on the construction of the 911 Communications Tower project in Geneva. The following bid was received from: Platte Valley Communications of Hastings, Inc. The turnkey price would be $304,216.00.

ACCEPT COMMUNICATIONS TOWER BID

Mueller moved and Capek seconded the motion to accept the bid pending revised costs from Platte Valley Communications of Hastings, Inc. Emergency Manager, Terry Marshall will work with Platte Valley Communications of Hastings, Inc. on a revised bid for the June 14^th board meeting. 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.

BOARD OF EQUALIZATION

At the request of the County Assessor, Capek moved and Mueller seconded the motion to go into session as the Fillmore County Board of Equalization at 10:40 a.m. 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.

TAX CORRECTIONS

Simacek moved and Yates seconded the motion to approve Tax Corrections 25-04 and 26-04 as presented by the County Assessor. 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.

VALUATION CHANGES

Yates moved and Mueller seconded the motion to approve Valuation changes on file as presented by the County Assessor. 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.

RETURN TO REGULAR SESSION

Yates 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 10:55 a.m. 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.

SEMINAR DISCUSSION

Dennis Kimbrough, Chairman, discussed the Board of Equalization seminar that he attended. Dennis presented a few ideas of how other counties handle Board of Equalization protests. Dennis and Amy Nelson, County Clerk, discussed the Blue Cross/Blue Shield meeting they attended. They reviewed the advantages and disadvantages to the new Health Savings Account. Blue Cross/Blue Shield is also implementing a new program at no cost called “Blue Partners”. The County Clerk will send out a notice to all employees regarding information about this new program.

AUDIT REQUEST

Mueller moved and Galusha seconded the motion the approve Randy Mierau, CPA to audit the Sheriff’s record keeping books, due to the resignation of an employee. 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.

APPOINTMENT TO INFORMATION TECHNOLOGY COMMITTEE

Cerny moved and Simacek seconded the motion to appoint Lynn Mussman to the Information Technology Committee. 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.

DEFICIT APPROPRIATION

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

RESOLUTION NO. 2005 - 16

WHEREAS, all of the funds in the 2004-2005 budget for the District Judge have been expended due to unforeseen circumstances, and

WHEREAS, it is necessary to have county funds available in these budgets to meet all obligations for the 2004-2005 budget year,

NOW THEREFORE Be It Resolved by the Fillmore County Board of Supervisors that a need does exist for additional funds and that the sum of $7,500.00 be appropriated to the District Judge budget from the unused funds in the Miscellaneous account of the General Fund Budget for 2004-2005 of said county.

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.

DEPARTMENT OF LABOR, WAGE & HOUR DIVISION

Steve Murray, Investigator from the U. S. Department of Labor, Wage and Hour Division presented a training seminar to the Board. Steve’s presentation was an informational training seminar so that the Board ensures that Fillmore County is in compliance with the U. S. Department of Labor standards. Visitors were Jeannie Ackland, Merlin Ehmen, Joan Ackland, Barb Stephenson, Elmer Hessheimer, and Bill Burgess.

EXTENSION OFFICE

Mary Novak, Office Manager and Jan Stoldorf, Fillmore County Extension Board member requested the approval of the board to cost share a laptop computer with the University of Nebraska. The board approved the cost share of a laptop computer. Mary will also research the possibility of getting a credit card for purchases. The Extension office also has a copier that they would like to have declared as surplus.

SAFETY COMMITTEE

Gerald Slezak reported that the safety committee is requesting the Board to implement a policy for entering and leaving the building after business hours. After discussion, the Board asked that this item be tabled until the June 14^th regular meeting to gather further information to implement this policy.

Safety Committee is also requesting that the 3^rd floor attic doors be locked at all times, due to safety. Keys will be distributed to offices that have items stored or have a need in the attic.

PLANNING AND ZONING

Planning and Zoning Administrator, Gerald Slezak requested the addition of an alternate to the Planning and Zoning Commission. After discussion it was tabled to a later date for additional information.

RENAMING OF SCHLEGEL SUBDIVISION

Planning and Zoning Administrator, Gerald Slezak submitted the name change from Schlegel Subdivision to Carlson Subdivision, located in the SE ¼, Sec. 11-5-4, Bryant Township.

Simacek moved and Yates seconded the motion to approve the renaming of the Schlegel Subdivision to Carlson Subdivision. 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.

WILDCAT SUBDIVISION SE ¼, SEC. 18-6-1

Planning and Zoning Administrator, Gerald Slezak submitted the Wildcat Subdivision (listed on the agenda as the Christiancy Subdivision), located in the SE ¼, Sec. 18-6-1, Glengary Township.

Yates moved and Mueller seconded the motion to approve the Wildcat 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 18. T6N, R1W, of the 6^th P.M., Fillmore County, Nebraska, described as follows: Beginning at the NE corner of said SE ¼; thence S00’00’00”W (assumed bearing) on the east line of said SE ¼, 760.00 feet; thence N45’19’14”W, 1068.77 feet to the north line of said SE ¼; thence N89’21’32”E on said North Line, 760.00 feet to the point of beginning. Containing 6.63 acres more or less.

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.

ADJOURNMENT

Agenda items “Appointments to Fillmore County Visitor’s Committee and Fillmore County Aging, and Policy of Entering and Leaving Building after hours” were tabled until the June 14^th meeting. As there were no other items to come before the Board, the Chairman declared the meeting adjourned until 9:00 a.m. June 14, 2005.

_______________________________________ ___________________________________________

Attest Chairman