July 12, 2005

 

            The Fillmore County Board of Supervisors convened in open and public session at 9:00 a.m. July 12, 2005, in the Courthouse Boardroom in Geneva, Nebraska with Chairman Kimbrough presiding.  Members present were Mueller, Galusha, Capek, Yates, Simacek, and Cerny.  Bud Daniels was a visitor for most of the morning session.  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 convened meeting was open to the public.  The meeting adjourned at 3:58 p.m.

 

FEE REPORTS

 

            Simacek moved and Galusha seconded the motion to approve the following fee reports for June 2005 and 2nd Quarter reports:

 

Sheriff: $960.32 for June

County Clerk: $10,681.15 for June and $27,326.10 Quarterly

Clerk of District Court: $438.75 for June and $843.75 Quarterly

 

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.

 

 

MINUTES APPROVED WITH CORRECTION

 

            Yates moved and Cerny seconded the motion to approve the minutes of the June 28th regular meeting with the following correction: Juvenile Diversion Program budget request for 2005-2006 was $33,065.00 for a total, with the counties share being $21,319.00.  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.

 

CLAIMS

 

            The claims were presented for payment.  The following abbreviations describe the expenditures: Equip – equipment, HDM’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

 

 

Howard F. Ach

Rent, post, copies, wksh

$3,034.67

Alltel

Ser

364.22

Ameritas Life Insurance Corp.

Ret

617.41

Andrews Electric Co., Inc.

Rep

42.34

Aquila

Uti

55.62

Assurity Life Insurance Co.

Ser

324.00

Blue Cross/Blue Shield of NE

Insur

14,036.15

William L. Burgess

Uni, meals

62.45

Daryl L. Callenius

Uni, meals, mile

101.63

Larry Cerny

Mile

401.63

Chaney Chemical, Inc.

Sup

270.75

City of Geneva

Uti

504.00

Conoco Phillips 66

Fuel

888.24

Jill R. Cunningham

Mile

89.91

Duckwall – Alco Stores, Inc.

Sup

60.58

Eakes Office Plus

Sup

1,409.15

Earl’s Window Service

Ser

4.00

Fillmore County Medical Center

Ser

99.91

Fillmore County Treasurer

Interest

102.59

The Garbage Co., Inc.

Ser

83.35

General Reporting Service

Ser

186.75

Geneva Carquest

Sup

8.98

Geneva Chamber of Commerce

Rent billboard

200.00

Geneva State Bank

SS

1,058.07

Geneva Welding & Supply, Inc.

Sup

173.69

Jeremy Goeken

Uni

35.00

The Hebron Journal – Register

Ad

37.80

Hilty’s of Geneva

Sup

1,217.81

Steve A. Julich

Uni

35.00

Kerry’s Auto Repair & Service

Rep

316.11

Lothrop Farms

Sup

68.75

MIPS/County Solutions, LLC

Ser

1,910.45

Richard Mueller/Tom Biegert

Rent

625.00

The Nebraska Signal

Ads, Pro

756.35

Amy Nelson

Mile

55.08`

Nelson Petroleum Co.

Fuel

824.08

Notary Public Underwriters of NE, Inc.

Notary

87.50

Plains Power & Equipment, Inc.

Rep

148.04

Platte Valley Communications – G.I.

Sup

59.95

Ralph’s Geneva Tire Co.

Rep

10.00

Redfield & Company, Inc.

Sup

38.63

Steven G. Roemmich

Uni

35.00

Russ’s Pest Control

Ser

65.00

Patty Scarborough

Mile

85.86

Weaver Pharmacy

Sup

138.05

Payroll

Salaries

14,220.81

 

 

 

ROAD & BRIDGE

 

 

Alltel

Ser

96.70

American Family Life Assurance Co.

Insur

47.35

Ameritas Life Insurance Corp.

Insur

1,654.11

Aquila

Uti

13.48

Auto Value Parts Stores

Sup, parts

992.75

Barco Municipal Products

Sup

121.29

Blue Cross / Blue Shield of NE

Insur

10,612.69

Business World Products

Ser

29.25

Canning Truck Service, Inc.

Sup

35.58

Casey’s General Stores, Inc.

Fuel

49.37

City of Geneva

Uti

63.10

Conoco Phillips Fleet

Fuel

1,529.22

Duckwall Store #767

Sup

10.98

Filter Care of Nebraska

Parts

36.50

The Garbage Co.

Ser

48.89

Geneva Carquest

Parts, sup

47.13

Geneva Implement

Parts

181.02

Geneva State Bank

SS

1,854.79

Geneva Welding & Supply

Parts

15.80

Grafton Oil, Inc.

Fuel

858.27

Lichti Bros. Oil Co., Inc.

Fuel

2,566.90

Nebraska Iowa Industrial Fasteners

Sup

174.73

The Nebraska Signal

Ad

22.69

Nelson Petroleum Co.

Fuel, Parts

2,181.36

Nichols Construction

Gravel

29,699.79

Nick’s Farm Store

Sup

18.37

Perennial Public Power

Uti

20.19

Power Plan

Parts, rep

653.24

Ralph’s Geneva Tire

Rep

609.10

Speece Lewis Engineers

Ser

165.00

Texaco/Shell

Fuel

74.00

Topkote, Inc.

Armor Coating

5,387.37

Village of Fairmont

Uti

32.12

Village of Milligan

Uti

20.31

Village of Ohiowa

Uti

20.00

Weldon Industries

Sup

15.63

Wick’s Sterling Trucks

Parts

325.51

Payroll

Salaries

25,510.71

 

 

 

ECONOMIC DEV – TOURISM

 

 

Geneva Chamber of Commerce

Rent billboard

200.00

The Nebraska Signal

Ad, sup

569.00

Q125 – Committee

Grant Ad

250.00

 

 

 

SENIOR SERVICES

 

 

Janet Bartak

Mile, ser

76.83

Blue Cross / Blue Shield of NE

Insur

912.92

Dawg’s Smokehouse Café

HDM’s

95.85

Geneva Senior Center

Rent, Uti, Sup

170.58

Nancy Kohler

Sup, Mile

226.29

Elizabeth Mattox Manning

Ser

110.00

Ron’s Tavern

HDM’s

184.00

Rhonda Stokebrand

Mile

101.84

 

 

 

HOSPITAL OPERATING

 

 

Fillmore County Hospital

June Tax Col

1,344.83

 

 

 

NOXIOUS WEED FUND

 

 

Ace Agri Supply

Parts

18.15

Alltel

Ser

39.75

American Red Cross

Training

35.00

Blue Cross / Blue Shield of NE

Insur

456.46

Brothers Equipment Co

Parts

42.40

Casey’s

Fuel

62.10

City of Geneva

Uti

26.30

Conoco Phillips Fleet

Fuel

881.95

Eagle Auto Supply

Parts

16.90

Merlin Ehmen

Rent, Mile, Misc

246.43

Geneva State Bank

SS

465.02

Geneva Welding Co.

Rep

16.05

Grafton Mini Mart

Fuel

413.25

Payroll

Salaries

6,078.50

 

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, Capek, and Simacek

Nays: None                                           Abstaining due to conflict of interest: Yates

 

            The Chairman declared the motion carried.

 

GIS COMMITTEE

 

            Larry Cerny reported that the GIS committee had a meeting with Marcus Tooze from GIS Workshop.  Marcus will have for the Board meeting on July 26th the cost and equipment/software needs to go forward with the GIS system.

 

FILLMORE COUNTY DEVELOPMENT

 

            Patt Lentfer, Executive Director of the Fillmore County Development, presented a budget request for 2005-2006.  The budget request did not increase from last years budget figure of $50,000.00.  Action on the request will be taken during the budget process later this summer.

 

            Patt also invited the Fillmore County Supervisors to attend The Fillmore County Development Corp. Board of Directors’ luncheon on August 11, 2005.

 

DRIVEWAY PERMITS

 

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

 

            Leonard Sluka – to install a new 30’ to 40’ driveway on the north side of the NE ¼, Sec. 18-6-1, Glengary Township;

            Leonard Sluka – to install a new 30’ to 40’ driveway on the west side of the NW ¼, Sec. 17-6-1, Glengary Township.

 

            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.

 

OCCUPY COUNTY RIGHT-OF-WAY

 

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

 

            Wasserbauer Farms Trust – to bury electric line between NW ¼ of Sec. 31-8-1, Exeter Township and NE ¼ of Sec. 36-8-2, Fairmont Township.  Wasserbauer Farms Trust agrees to restore the surface of the road to the same condition as it was prior to the work, and such restoration will be accomplished to the reasonable satisfaction of Fillmore County Officials.  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.

 

AGREEMENT FOR MILLIGAN NORTHWEST PROJECT

 

            After discussion, Mueller moved and Yates seconded the motion to approve and sign the agreement with the State of Nebraska for Federal-Aid Bridge Replacement Highway Funds.  This agreement is to replace the bridge that is tied with the NRD Project located between Sections 15 and 22-7-1, Liberty 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.

 

GENEVA WEST PROJECT – SEC. 32 & 33-7-3

 

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

 

RESOLUTION 2005-19

 

            Whereas:  Certain roads and streets in said county have been designated as being eligible for federal funds by the Federal Highway Administration in compliance with federal laws pertaining thereto, and,

 

            Whereas:  Said county desires to improve a certain portion of the county road system in said county, more fully described hereinafter, now therefore,

 

            Be it Resolved:  That the Department of Roads is hereby requested to act for said county and to program for construction that portion of county road described as, beginning 0.4 miles north of the S. W. corner of the Sec. 33-T7N-R3W; thence north 0.4 miles (3.0 miles west and 0.6 miles north of Geneva, Nebraska) and which construction includes: grading, culverts, bridges, surfacing, and other improvement to wit: R.O.W. Acquisition and Utility Relocation.

 

            Be it Further Resolved:  That the Chairman of the County Board is authorized to sign this resolution on behalf of said board and that the county board hereby approves the above contemplated construction prior to first submitting of said project to the Federal Highway Administration.

 

            Be if Further Resolved:  That sufficient funds of said county are now, or will be, available and are hereby pledged to the Department of Roads in the amount and at the required time for the purpose of matching federal funds available for the contemplated construction.

 

            Upon roll call, the vote was as follows:

 

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

Nays: None

 

            The Chairman declared the resolution adopted.

 

AGREEMENT FOR GENEVA WEST PROJECT

 

            After discussion, Yates moved and Galusha seconded the motion to approve and sign the agreement with Speece Lewis for the Geneva West Project.  This agreement is to replace the bridge between Sections 32 and 33-7-3, Geneva Township.  This project is listed in the Roads Department six-year plan; the previous resolution will get this project into the State System so that we can receive Federal funding.  Upon roll call, the vote was as follows:

 

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

Nays: None                                           Absent: Mueller

 

            The Chairman declared the motion carried.

 

AGREEMENT FOR C-30 (315) PROJECT

 

            After discussion, Capek moved and Yates seconded the motion to approve and sign the agreement with Speece Lewis for the C-30 (315) Project.  This agreement is to replace the bridge between Sections 5 and 6-6-2, Chelsea Township.  The cost for Speece Lewis to run a profile, cross-sections, and topography survey for this site is $4,800.00.  Upon roll call, the vote was as follows:

 

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

Nays: None                                           Absent: Mueller

 

            The Chairman declared the motion carried.

 

AGREEMENT FOR C-30 (170) PROJECT

 

            After discussion, Simacek moved and Galusha seconded the motion to approve and sign the agreement with Speece Lewis for the C-30 (170) Project.  This agreement is to replace the bridge between Sections 2 and 3-8-2, Fairmont Township.  The cost for Speece Lewis to run a profile, cross-sections, and topography survey for this site is $4,800.00.  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.

 

CONCRETE BOX CULVERT, MADISON TOWNSHIP

 

            Keith Burt, Gary Kimbrough, Kent Myers, and George Engle Sr. were present to discuss keeping the dirt road open between Sections 33 and 34-7-2, Madison Township.  After discussion, Cerny moved and Yates seconded the motion to remove the 24 ft. length bridge on the north–south road, replace with a diagonal Triple 10 x 8 x 110 concrete box culvert (CBC) thru the intersection; Realign the channel in the southwest quad to meet the new CBC; place a large culvert at the site of the existing north-south bridge to allow some water to flow to the east; both the north-south and east-west roads would be raised; the existing CBC on the east-west road would be removed and replaced with a large culvert.  Fillmore County will submit this project to the Bridge Replacement Project (BRO) to help with funding.  If Fillmore County can receive BRO funding, then the county portion of this project would be 15% of $160,000.00 or approximately $24,000.00.  Upon roll call, the vote was as follows:

 

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

Nays: Simacek

 

            The Chairman declared the motion carried.

 

VILLAGE OF GRAFTON STREETS

 

            After discussion, Cerny moved and Galusha seconded the motion to approve Fillmore County Roads Department to maintain four (4) blocks of streets in the Village of Grafton, due to the fact that their motor grader would cost a lot of money to repair.  Fillmore County will charge $77.00 per hour for an operator to maintain the streets of Grafton.  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.

 

TEMPORARY TRAFFIC SIGN

 

            The temporary traffic sign will only be in place during the detour for the Milligan North Bridge Project.  After discussion, Mueller moved and Yates seconded the introduction of the following resolution:

 

RESOLUTION 2005-20

 

In accordance with the standards set forth in the Manual for Uniform Traffic Control Devices, as from time to time amended, and

 

            WHEREAS, it is in the best interest of Fillmore County, Nebraska, to establish and maintain proper consistent highway signing in conformity with said manual,

 

            WHEREAS, The Fillmore County Highway Department therefore requests formal approval to place, erect, and maintain traffic control devices on Fillmore County Roads at the following locations:

 

                        TYPE OF DEVICE                                                         LOCATION

 

STOP sign                                        on the north side of the intersection of County Road L and County Road 23.

 

            NOW THEREFORE Be It Resolved by the Fillmore County Board of Supervisors that this resolution is approved the 12 day of July 2005.

 

            Upon roll call, the vote was as follows:

 

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

Nays: None

 

            The Chairman declared the resolution adopted.

 

JUVENILE DIVERSION PROGRAM BUDGET REQUEST

 

            John Day, from Blue Valley Mental Health Center presented a budget if the Board would elect him to perform the juvenile diversion program for the year 2005-2006.  The budget request was for $29,742.00.  Action on the request will be taken later this board meeting.

 

JUVENILE DIVERSION PROGRAM

 

            After discussion, Simacek moved and Mueller seconded the motion to approve Dave Wythers to perform Fillmore County’s Juvenile Diversion program effective July 1, 2005 and each client will have to pay $150.00 to be a part of this program.  Upon roll call, the vote was as follows:

 

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

Nays: None                               Abstaining due to conflict of interest: Galusha

 

            The Chairman declared the motion carried.

 

DEFICIT APPROPRIATIONS

 

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

 

RESOLUTION NO. 2005-21

 

            WHEREAS, all of the funds in the 2004-2005 budget for the Jail, Veterans Service Officer, and Transfers to Noxious Weed Fund 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 $3,100.00 be appropriated to the Jail budget, $400.00 be appropriated to the Veterans Service Officer budget, and $680.00 be appropriated to the Transfers to Noxious Weed Fund 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: Yates, Simacek, Kimbrough, Cerny, Mueller, Galusha, and Capek

Nays: None

 

            The Chairman declared the resolution adopted.

 

SOUTHEAST NEBRASKA DEVELOPMENT DISTRICT

 

            George Frye, Executive Director of the Southeast Nebraska Development District (Sendd) presented a budget request for 2005-2006.  There was no change in the budget request from 2004-2005 of $6,639.00.  Action on the request will be taken during the budget process later this summer.

 

COURT APPOINTED SPECIAL ADVOCATES

 

            Nicole Avis, Administrator for Court Appointed Special Advocates (CASA) presented a budget request for 2005-2006.  The budget request was for $8,065.00, which is an increase of $825.00 from the 2004-2005 budget year.  Action on the request will be taken during the budget process later this summer.

 

FIRE DISTRICT TREASURER’S BOND

 

            Simacek moved and Yates seconded the motion to approve the Bond for George Thompson as Treasurer of the Fairmont Rural Fire Protection District for $2,000.00 for his appointment.  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.

 

FILLMORE COUNTY VISITOR’S COMMITTEE

 

            Capek moved and Mueller seconded the motion to appoint Scott Oliva and Ron Isley to the Fillmore County Visitor’s committee for a 4-year term, starting June 1, 2005 and running through May 31, 2009.  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.

 

SECTION 125 PLAN

 

            The Board gave the County Clerk the authority to amend their cafeteria plan documents to provide for a grace period immediately following the plan year.  The grace period must apply to all participants and cannot extend beyond the 15th day of March.  Participants can submit eligible expenses incurred during the grace period to be reimbursed from unused amounts remaining at the end of the plan year.  They will now be given up to 14 months and 15 days to use their pre-tax contributions before the money is forfeited.  This grace period extends the time during which expenses may be incurred.  All claims must be turned in by the 15th of April to be paid out before the money is forfeited.

 

BOARD OF EQUALIZATION

 

            Board of Equalization reconvened at 1: 43 p.m. from the July 5th meeting.  Please see Board of Equalization minutes.

 

VALUATION CHANGES

 

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

Nays: None

 

            The Chairman declared the motion carried.

 

HEARING FOR EXEMPTION FROM MOTOR VEHICLE FEES

 

            The County Treasurer presented an application from the Fillmore County Historical Society for exemption from motor vehicle fees.

 

            Cerny moved and Galusha seconded the motion to approve application from the Fillmore County Historical Society for exemption from motor vehicle fees on a 1967 Pontiac ambulance.  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.

 

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 3:21 p.m.  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.

 

CLOSED SESSION FOR PERSONNEL

 

            Simacek moved and Cerny seconded the motion that the Fillmore County Board holds 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.  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 and requested the County Clerk to remain.  Closed session began at 3:47 p.m.

 

RETURN TO REGULAR SESSION

 

            Galusha moved and Capek seconded the motion to return to open session at 3:57 p.m.  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.

 

ADJOURNMENT

 

            Agenda item “Appraisal Contract” was tabled until the July 26th meeting.  As there were no other items to come before the Board, the Chairman declared the meeting adjourned until 9:00 a.m. July 26, 2005.

 

_____________________________________________               ______________________________________

Attest                                                                                        Chairman