June 28, 2005

The Fillmore County Board of Supervisors convened in open and public session at 9:00 a.m. June 28, 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 3:50 p.m.

MINUTES APPROVED WITH CORRECTION

Cerny moved and Yates seconded the motion to approve the minutes of June 14^th regular meeting with the following corrections:

Cerny moved and Mueller seconded the motion to approve a 2% base salary increase and a 1% performance increase used at the discretion of the department head. After discussion Cerny and Mueller withdrew their motion.

The Assistant Highway Superintendent needs to be removed from the list that the Board sets, the Highway Superintendent will set that salary. The salary increase will also pertain to part-time employees. Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared motion carried.

CLAIMS

The claims were presented for payment. The following abbreviations describe the expenditures: Equip – equipment, HMS’s – home delivered meals, Insur – 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, Meal	$65.67
Alltel	Uti	171.23
Alltel	Uti	293.79
Ameritas Life Insurance Corp.	Ret	3,638.77
CDW Government, Inc.	Sup	50.99
Chaney Chemical, Inc.	Sup	188.00
Marilyn Christiancy	Ret, Sup	36.00
City of Geneva	Rent	440.00
Conoco Phillips 66	Fuel	1,020.07
DAS Communications	Ser	350.00
Drummond American Corp.	Sup	139.63
Eakes Office Plus	Sup	292.26
Executive Copier Systems	Ser	81.85
Fillmore County Medical Center	Ser	63.82
Fillmore County Treasurer	Transfers, Post	244,107.50
Fort Dearborn Life Insurance Co.	Insur	189.54
Gambles	Sup	393.18
Geneva State Bank	SS	4,208.49
Geneva Super Foods	Sup	36.07
Norma Gregory	Ret	25.00
Hampton Inn	Lodging	252.00
Hilty’s of Geneva	Sup	963.60
Holiday Inn – Hastings	Lodging	110.00
Holiday Inn – Kearney	Lodging	125.90
Hometown Leasing	Ser	238.62
J.S. Wurm & Associates	Ser	378.15
JEO Consulting Group, Inc.	Ser	672.50
Jim’s Repair	Ser	86.50
Howard Johnson	Mile	85.05
Ralph Kassik	Mile	10.53
Kerry’s Auto Repair & Service	Main, Sup	179.35
Richard Kleinschmidt	Mile	6.48
Jim F. Kotas	Mile	84.24
Gary Kudlacek	Mile	97.20
Lancaster County Court	Sup	1.75
William Leif	Mile	14.17
Harold Long	Mile	7.69
Annette Marget	Mile	51.84
Terry Marshall	Sup	21.28
Maximus, Inc.	Ser	1,418.64
Ann H. McDonald	Ret	18.00
Microfilm Imaging Systems, Inc.	Rent, Ser	100.00
MIPS/County Solutions, LLC	Ser, Mile	274.90
Nebr. Assoc. of County Officials	Dues	1,085.00
Nebraska National Bank	Ser	187.59
Nebr. Public Power Dist.	Uti	879.04
Nebraska Signal	Sup, Ad	3,935.50
Mary Novak	Mile	60.75
P C Nuts	Sup, Equip	3,887.00
Platte Valley Communications	Rep	27.49
Platte Valley Communications of Hastings	Sup	81.44
Postmaster	Rent	766.00
Quinlan Publishing Group	Subscription	154.35
RL Polk & Co.	Sup	220.00
The Rockwood Corp.	Sup	83.00
St of Nebr Dept of Admin Services	Ser	46.50
St of Nebr Crime Commission	Sup	7.00
St of Nebr Dept Correction	Boarding prisoners	5,656.74
Barbara L. Stephenson	Mile, Sup	438.69
Sunflower Marketing	Sup	97.00
Thayer County Treasurer	Sup	448.50
University of Nebr – Lincoln	Sup	30.00
University of Nebr Dept of Pathology	Sup, Ser	1,150.00
UN-L, IS Telecommunications	Uti	9.40
Weaver Pharmacy	Sup	176.50
Eric Williams	Lodging, Mile	1,238.07
York Sheriff’s Office	Boarding prisoners	825.00
Payroll	Salaries	59,897.93
ROAD & BRIDGE
American Family Life Assurance Co.	Insur	47.35
Ameritas Life Insurance Corp	Ret	1,653.28
Dollar General	Sup	10.00
Dorchester Farmers Coop	Fuel	1,081.88
Farm Plan	Parts	474.43
Fort Dearborn Life Insurance Co.	Insur	124.04
Gambles of Geneva	Sup	17.57
Geneva State Bank	SS	1,883.95
Ralph Gould	Ret	18.00
Grafton Mini Mart	Fuel	157.70
Grafton Oil, Inc.	Fuel	2,883.53
Heath, Inc.	Rep	50.00
Elmer Hessheimer	Fuel	98.94
Donovan Jirkovsky	Ret	25.00
Kinder Morgan, Inc.	Moving Utility Lines	540.24
Microtel Inn & Suites	Lodging	178.11
Midwest Service & Sales	Grader Blades	2,148.30
Nebraska Iowa Fasteners	Sup	151.38
Nebraska Public Power District	Uti	154.99
Nelson Petroleum	Fuel	2,581.19
Newman Traffic Signs	Signs	558.68
Nichols Construction	Gravel	51,297.00
Overland Sand & Gravel	Gravel	3,079.28
Perennial Public Power	Uti	31.79
Postmaster	Rent	126.00
Donna Saltzman	Ser	25.00
Speece Lewis Engineers	Ser	13,796.06
Tie Yard of Omaha	Gravel	483.63
United States Plastic Corp.	Sup	49.14
USIS Commercial Services	Ser	59.80
Van Kirk Bros. Contracting	Structures, Pipes, Box culverts	50,469.33
Zep Manufacturing Co.	Sup	60.15
Payroll	Salaries	25,869.71
INSTITUTIONS FUND
St of Nebr Health & Human Services System	May Patient Care	468.00
SENIOR SERVICES FUND
Ameritas Life Insurance Corp	Ret	264.31
Exeter Golden Agers	April USDA	55.86
Fairmont Aging Services	April USDA	132.81
Fillmore County Treasurer	Post	148.00
Fort Dearborn Life Insurance Co.	Insur	11.30
Geneva Senior Center	April USDA	607.62
Geneva State Bank	SS	341.19
Payroll	Salaries	4,501.65
COPS GRANT
Ameritas Life Insurance Co.	Ret	148.54
Geneva State Bank	SS	146.62
Fort Dearborn Life Insurance Co	Insur	5.65
Payroll	Salaries	1,916.67
NOXIOUS WEED FUND
Ameritas Life Insurance Corp.	Ret	154.20
Fort Dearborn Life Insurance Co.	Insur	1.42
Geneva State Bank	SS	160.22
Payroll	Salaries	2,284.40
E911 COMMUNICATIONS FUND
Fillmore County Treasurer	Transfer	5,000.00

CLAIMS APPROVED

Simacek moved and Mueller seconded the motion to approve the claims as presented. 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.

ILLEGAL DUMPSITE CLEANUP PROGRAM

Merle Illian, Coordinator for Trailblazer RC&D gave a presentation regarding the Illegal Dumpsite Cleanup Program provided by the Nebraska Department of Environmental Quality, Waste Planning and Aid Unit.

After discussion, Cerny moved and Capek seconded the motion to participate in this Illegal Dumpsite Cleanup Program. 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.

APPOINTMENT TO VETERAN’S SERVICE COMMITTEE

Mueller moved and Yates seconded the motion to appoint William Lief to the Veteran’s Service Committee for a five-year term ending June 30, 2010. 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.

DRIVEWAY PERMITS

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

Marvin Roit – to extend existing driveway into residence by 4’, for a total driveway of 32’ on the east side of the SE ¼, Sec. 6-5-1, Franklin Township;

Dennis Kimbrough – to widen existing driveway to 40’ and replace existing 15” culvert with a 24” culvert on the east side of the SE ¼, Sec. 14-6-3, Stanton Township;

Dennis Kimbrough – to widen existing driveway to 40’ and replace 18” culvert on the south side of the SE ¼, Sec. 14-6-3, Stanton Township;

Sheldon Johnson – to install a new 40’ driveway to the west of existing driveway on south side of the road in the SW ¼, Sec. 15-6-3, Stanton Township;

Linda Bristol – to install a new 40’ driveway on the south side of the S ½ SE ¼, Sec. 10-8-2, Fairmont Township;

Submerged Land Co – to install a new 20’ driveway and install a 30” culvert on the west side of S ½ NW ¼, Sec. 34-6-4, Momence Township.

Upon roll call, the vote was as follows:

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

Nays: None Abstaining due to conflict of interest: Kimbrough

The Chairman declared the motion carried.

ROADS WEEKLY UPDATE

Elmer Hessheimer, Highway Superintendent reported to the Board that they would be receiving a weekly update each Monday morning regarding that weeks work list. There could be changes either due to weather or unforeseen circumstances, but it would give the Supervisors a general idea of what the Roads Department is doing that week.

HIGHWAY SUPERINTENDENT CLASS A CLASSIFICATION

Elmer Hessheimer, Highway Superintendent discussed the effects that a Class A license will have for Fillmore County. Effective January, 2005 Elmer completed his Class A license and the county will now receive $10,500.00 instead of $5,250.00 for a Class B license for the LB 500 County Highway Superintendent Incentive Funding.

HEARING FOR COUNTY ROAD PROJECT SEC. 27,33, AND 34-7-2, MADISON TOWNSHIP

A public hearing was opened at 10:00 a.m. concerning the proposed county road project being planned between sec. 27 and sec. 34 and between sec. 33 and sec. 34-7-2 in Madison Township. County Engineer Larry Lewis explained that there were several different options:

· Do nothing – leave everything as is;

· Do nothing with the two structures and abandon the road between sections 33-34 in Madison Township;

· Replace the bridge between sections 33-34 in Madison Township with a concrete box culvert. This will also require something to be done with the concrete box culvert near the west end of the mile between sections 27-34 in Madison Township. A temporary fix would be to add a large steel culvert next to the concrete box culvert to help handle the heavy water flow during and after heavy rains. This would last several years and the concrete box culvert and the steel culvert could be replaced at a later date;

· Two concrete boxes – replace the bridge between sections 33-34 in Madison Township with a concrete box culvert. Replace the concrete box culvert near the west end of the mile between sections 27-34 in Madison Township with a larger and wider concrete box culvert

· One Concrete box – build a new concrete box culvert from the NE corner of section 33 to the SW corner of section 27 in Madison Township. This would be built diagonally across the intersection. New channels would have to be constructed to the inlet of the concrete box culvert and a little work done on the outlet end. We would also remove the bridge on the Township Mile and remove the concrete box culvert near the west end between section 27-34 in Madison Township and install steel culverts to maintain the existing channel. The material removed to construct the new channel would be used to raise the Township road over the bridge location and to widen out and raise the road between sections 27-34.

Larry Lewis answered many questions from the landowners and the County Board. After discussion it was decided by the board to direct Larry Lewis to proceed in getting permits from the Corps Engineers to put in a concrete box culvert near the west end of the mile between sections 27-34 in Madison Township and not do anything else at this time. Attending the public meeting were: Tom Novak, Roger Schmidt, Galen Domling, Jim White, Greg Bures, Tom D. Manning, Ronald Zelenka, Henry J. Rohla, Francis Rohla, Jim Votipka, and Michael Uldrich. Public hearing ended at 11:05 a.m.

HEARING FOR 911 COMMUNICATIONS TOWER

A public hearing was opened at 11:05 a.m. concerning the 911 Communications Tower to be located on county property just south of the Fillmore County Shop on Lot forty-four (44), Austin Knowlers First Addition to the City of Geneva, Fillmore County Nebraska. The tower will be a free standing (non-guyed) communications tower up to 350’ above the ground to be used for public safety and other related communications. Permits have been obtained from the FAA and the City of Geneva. The public hearing was left open until 11:50 a.m. and no one appeared to testify at the hearing.

CLAIM DENIED

The County Clerk presented a claim for reimbursement totaling $391.44 from a local attorney for time spent researching a legal description. After research, the County Attorney and Deputy County Attorney recommended that the claim be denied.

Yates moved and Cerny seconded the motion upon advice of counsel to deny the claim from Heinisch Law Office for $391.44 for time spent researching a legal description. 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.

JUVENILE DIVERSION PROGRAM

Dave Wythers presented a budget if the Board would elect him to perform the juvenile diversion program for the year 2005-2006. The budget request is $1,957.00 higher than last years budget of $19,362.00. Dave has previously been doing the juvenile diversion program through Blue Valley Mental Health. Action on the request will be taken at a later date.

STOP PROGRAM

Jill Cunningham, County Attorney said that there is no STOP program as of right now due to the fact that there is no uniformity to this program.

DISTRICT COURT BAILIFF

Vicky Johnson, District Judge mailed in the budget request for 2005-2006. The original budget request is $242.00 more than last years budget figure of $6,844.00. Due to the fact that the bailiff did not utilize all of the insurance benefits available in 2004-2005 budget year, the county is receiving a lower budget request. The final budget request for 2005-2006 is $5,518.50. Action on the request will be taken during the budget process later this summer.

DEFICIT APPROPRIATION

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

RESOLUTION NO. 2005-18

WHEREAS, all of the funds in the 2004-2005 budget for the County Clerk 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 $4,000.00 be appropriated to the County Clerk budget from the unused funds in the Election account of the General Fund Budget for 2004-2005 of said county.

Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the resolution adopted.

AUDIT REPORT

Ron Willnerd from Contryman Associations gave a presentation and explained the 2003-2004 audit report. No errors were found.

BOARD OF EQUALIZATION

At the request of the County Assessor, Mueller moved and Capek seconded the motion to go into session as the Fillmore County Board of Equalization at 2:02 p.m. Upon roll call, the vote was as follows:

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

Nays: None Absent: Yates

The Chairman declared the motion carried.

APPLICATION FOR EXEMPTION FROM MOTOR VEHICLE FEES

The County Treasurer presented an application from Blue Valley Community Action, Inc. for exemption from motor vehicle fees.

Capek moved and Cerny seconded the motion to approve the application of Blue Valley Community Action, Inc. for exemption from motor vehicle fees on a 2002 Ford WSD, a 1996 Ford TAG, and a 2004 Chevrolet VTR. Upon roll call, the vote was as follows:

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

Nays: None Abstaining due to conflict of interest: Simacek

The Chairman declared the motion carried.

TAX CORRECTIONS

Simacek moved and Mueller seconded the motion to approve Tax Corrections 27-04 and 28-04 as presented by the County Assessor. 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.

VALUATION CHANGES

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

Nays: None

The Chairman declared the motion carried.

RETURN TO REGULAR SESSION

Simacek 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 2:08 p.m. 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.

GIS COMMITTEE

Larry Cerny gave a report from what the GIS committee discussed at their last meeting. They would like the Boards approval to move forward with getting this GIS system up and running. Elmer Hessheimer thought that the County would receive the base map at no charge since he serves on the NECTAR committee. Joan Ackland, Fillmore County Assessor said that we would need the parcel layer to have the program be effective to the Assessor’s office, Clerk’s office, Road’s department, 911 Dispatcher’s and Sheriff’s office. The Committee will get in touch with Marcus Tooze from GIS Workshop and get equipment and software needs for the GIS system.

DEPUTY CIVIL DEFENSE SALARY

After discussion, Yates moved and Galusha seconded the motion to have no change in salary for the Deputy Civil Defense. 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.

SALARY INCREASES

Galusha moved and Yates seconded the motion to increase Veteran’s Officer, Senior Services Director, Emergency Manager, and Custodian/Groundskeeper salaries by $.30 an hour.

After discussion Galusha withdrew his motion and Yates seconded to withdraw the motion.

SENIOR SERVICES DIRECTOR SALARY

After discussion, Yates moved and Mueller seconded the motion to increase Senior Services Director’s salary by $.61 an hour. 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.

VETERAN’S OFFICER SALARY

After discussion, Yates moved and Cerny seconded the motion to increase the Veteran’s Officer’s salary by $.30 an hour. 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.

CUSTODIAN/GROUNDSKEEPER SALARY

After discussion, Yates moved and Capek seconded the motion to increase the Custodian/Groundskeeper’s salary by $.30 an hour. 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 MANAGER SALARY

After discussion, Yates moved and Mueller seconded the motion to increase the Emergency Manager’s salary by $.30 an hour. 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.

DATA PROCESSING/PLANNING & ZONING SALARY

After discussion, Yates moved and Simacek seconded the motion to increase the Data Processing and Planning & Zoning salary by $.20 an hour. Upon roll call, the vote was as follows:

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

Nays: Kimbrough

The Chairman declared the motion carried.

HIGHWAY SUPERINTENDENT SALARY

After discussion, Yates moved and Cerny seconded the motion to increase the Highway Superintendent’s salary by $5,000.00 a year due to the completion of the Class A License. Upon roll call, the vote was as follows:

Ayes: Mueller, Yates, Kimbrough, and Cerny

Nays: Galusha, Capek, and Simacek

The Chairman declared the motion carried.

SUPERVISORS VS. COMMISSIONERS HEARING SET

A public hearing is set for July 21, 2005 at 7:30 p.m. in the Fillmore County Courtroom at Fillmore County Courthouse.

EMERGENCY DECLARED TO ADD ITEM TO AGENDA

At the request of the Fillmore County Clerk, Nelson, Yates moved and Mueller seconded the motion to declare an emergency in order to add an item to the agenda, said item to pay Deputy Sheriff out of the Sheriff’s budget due to an insufficient budget of the Cops Grant. 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.

PAYING DEPUTY SHERIFF FROM SHERIFF’S BUDGET

After discussion, Cerny moved and Galusha seconded the motion to approve paying a Deputy Sheriff from the Sheriff’s budget due insufficient budget of the Cops Grant Fund and to close the account of the Cops Grant fund. This will not have any affect on taxpayer’s dollars. 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 Appraisers Contracts” were tabled until July 12^th meeting and “Juvenile Diversion Contract” was tabled until a further date. As there were no other items to come before the Board, the Chairman declared the meeting adjourned until 9:00 a.m. on July 12, 2005.

__________________________________________ _____________________________________________

Attest Chairman