August 9, 2005

The Fillmore County Board of Supervisors convened in open and public session at 9:00 a.m., August 9, 2005, in the Courthouse Boardroom in Geneva, Nebraska with Chairman Kimbrough presiding. Members present were Cerny, Simacek, Yates, Capek, Galusha, and Mueller. 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 7:31 p.m.

FEE REPORTS

Cerny moved and Simacek seconded the motion to approve the following fee reports for July 2005:

Sheriff: $1,099.26 County Clerk: $7,871.15 Clerk of District Court: $248.00

Upon roll call the vote was as follows:

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

Nays: None

The Chairman declared the motion carried.

MINUTES APPROVED WITH CORRECTION

Capek moved and Yates seconded the motion to approve the minutes of the July 26, 2005 meeting, with the following correction: the bid letting for a new road grader will be taken with the option to trade in the 1990 John Deere road grader or to have no trade in. 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 abbreviation 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
AM Publications	Sup	$33.00
Howard F. Ach	Rent, Copies, Post, Sup, Misc	2,924.18
Alltel	Uti	512.77
American Legion Emblem Sales	Sup	216.62
Ameritas Life Insurance Corp	Ret	841.21
Aquila	Uti	56.88
John Becker	Mtgs, Mile	46.06
Larry Biester	Mtgs, Mile	33.10
Blue Cross / Blue Shield	Insur	13,579.69
Thomas Boyer	Mtgs, Mile	19.79
William L. Burgess	Meals, Uni	41.69
Daryl L. Callenius	Uni	35.00
Cen Tec Cast Metal Products	Sup	151.50
Century Lumber Center – Geneva	Sup	82.98
City of Geneva	Uti	681.10
DAS Communications	Ser	350.00
DAS Materiel Interagency Billing	Sup	29.04
Dell Marketing, L. P.	Equip	6,018.05
Robert Dumpert	Mtgs, Mile	24.65
Eakes Office Plus	Sup	1,282.06
Earl’s Window Service	Ser	4.00
Sharon Elznic	Mtgs, Mile	37.96
F & S Supply Co., Inc.	Sup	62.91
Fillmore County Court	Costs	780.36
Fillmore County Treasurer	Post, Dues	777.00
Fort Dearborn Life Insurance	Insur	200.84
Galls	Sup	25.48
Gambles	Sup	33.49
Teri Gemar	Mile	25.11
Geneva State Bank	SS	1,221.84
Hall County Court	Copies	6.00
Lyle Heinrichs	Mtgs, Mile	25.46
Hometown Leasing	Ser	422.50
Steve A. Julich	Uni	35.00
Ralph Kassik	Mtgs, Mile	23.03
Kelch Plumbing, Heating, & Refrigeration, Inc.	Rep, Ser	901.25
Kerry’s Auto Repair & Service	Rep	21.84
Knoche Appraisal & Consulting, L. L. C.	Ser	1,460.00
Stephen J. Kraviec	Ser, Post	1,574.00
Letter Publications	Subscription	247.00
Thomas Manning	Mtgs, Mile	39.58
MIPS/County Solutions	Ser	5,731.95
McIlnay & Company	Rep	160.00
Morley Most	Mtgs, Mile	49.30
Richard Mueller / Tom Biegert	Rent	625.00
Naber’s Repair Service	Sup	12.30
National Assoc. of Veterans Service Officers	Dues	30.00
The Nebraska Signal	Ads, Pro	993.60
Nelson Petroleum Co.	Fuel	751.53
Nick’s Farm Store Co.	Sup	51.08
Merle Noel	Mtgs, Mile	37.96
Reg Noel	Mtgs, Mile	47.68
Mary Novak	Mile	39.69
PC Nuts	Web, Sup	1,230.95
Post Master	Rent	38.00
Quinlan Publishing Group	Subscription	154.35
Ralph’s Geneva Tire & Service	Rep, Sup	70.50
Redfield & Company, Inc.	Sup	348.45
Steven G. Roemmich	Uni	35.00
Patty Scarborough	Mile	20.25
Seiler & Parker, P. C.	Fees, Ser	1,007.00
State of NE, Dept. of Correctional Services	Sup	60.00
Veterans of Foreign Wars Supply Dept.	Sup	107.20
Wm. F. McCormick, Inc.	Rep	143.00
York County Sheriff’s Office/York Co. Jail	Boarding Prisoners	2,860.00
Payroll	Salaries	16,361.47
ROAD & BRIDGE
Ace Irrigation & Mfg.	Culverts	17,266.16
Alltel	Uti	112.36
American Family Life Assurance Co.	Insur	47.35
Ameritas Life Insurance Corp.	Ret	1,638.48
Aquila	Uti	71.92
Auto Value Parts Stores	Parts, Sup	130.39
Blue Cross / Blue Shield	Insur	10,612.69
Business World Products	Ser	29.25
CDW Government, Inc.	Equip	138.99
City of Geneva	Uti	47.60
Conoco Phillips Fleet	Fuel	526.38
Farm Plan	Parts, Sup	909.57
Filter Care of Nebraska	Parts	37.85
Fort Dearborn Life Insurance Co.	Insur	124.04
Geneva Activity & Education Department	Sup	90.00
Geneva Carquest	Parts, Sup	81.56
Geneva State Bank	SS	1,817.09
Grafton Oil	Fuel	727.56
Heath, Inc.	Rep	50.00
Heath Machine Shop	Rep, Parts	499.26
Jill’s Sweet Shop	Misc	46.22
Lichti Bros Oil Co., Inc.	Fuel	772.44
Michl Service	Fuel	50.00
Nebraska Iowa Fasteners Corp	Sup	317.78
Nelson Petroleum Co.	Fuel, Sup	2,426.80
Nichols Construction	Gravel	28,450.90
Nick’s Farm Store Co.	Sup	7.48
Perennial Public Power	Uti	20.11
Power Plan	Parts	1,010.27
Ralph’s Geneva Tire	Rep, Sup	51.75
Sutton Lumber	Sup	1,344.00
Texaco / Shell	Fuel	54.25
Thermo King Christensen	Parts	14.49
Transit Works	Sup	6.31
Village of Fairmont	Uti	15.23
Payroll	Salaries	25,017.45
MEDICAL / RELIEF
Weaver Pharmacy	Sup	268.48
SENIOR SERVICES
Janet Bartak	Mile	73.66
Blue Cross / Blue Shield	Insur	912.92
Dawg’s Smokehouse Café	HDM’s	89.45
Don’s Signs	Sup	374.83
Exeter Care Center	HDM’s	171.50
Exeter Golden Agers	USDA – May	53.58
Fairmont Aging Services	USDA – May	129.96
Fort Dearborn Life Insurance Co.	Insur	11.30
Geneva Senior Center	USDA – May, Uti, Rent, Misc	794.55
Nancy Kohler	Mile, Sup	307.67
Elizabeth Mattox Manning	Ser	130.00
Ron’s Tavern	HDM’s	160.00
Rhonda Stokebrand	Mile	42.32
HOSPITAL OPERATING FUND
Fillmore County Hospital	July Taxes Col	1,915.63
NOXIOUS WEED FUND
Alltel	Uti	39.67
Blue Cross / Blue Shield	Insur	456.46
Conoco Phillips Fleet	Fuel	295.83
Merlin Ehmen	Sup, Rent	222.90
Ekeler Repair	Rep	61.44
Fort Dearborn Life Insurance Co.	Insur	1.42
Geneva Activity & Ed Dept.	Sup	45.00
Geneva State Bank	SS	71.69
Grafton Mini Mart	Fuel	548.77
Platte Valley Communications	Sup	30.90
Payroll	Salaries	937.13

CLAIMS APPROVED

Yates moved and Cerny seconded the motion to approve the claims as presented. 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.

USDA WILDLIFE REVIEW

Spencer Nelson, from United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service and Wildlife Services informed that Board that Fillmore County has one more year contracted with the USDA, for $6,052.00 a year. Spencer said that Fillmore County is very good in calling him for any wildlife problems as soon as they see there is a need. Spencer also informed the Board that the USDA can also help with disease control, if a situation occurred.

DRIVEWAY PERMIT

Yates moved and Capek seconded the motion to approve the following application for a driveway permit:

Burt Partners – to move existing driveway 200 ft. to the east of the existing driveway, in the SW ¼, Section 5-7-3, Geneva Township.

] 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.

OCCUPY COUNTY RIGHT-OF-WAY

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

Alltel – to bury communications cable between the E ½ of Section 24-5-3, Hamilton Township and the W ½ of Section 19-5-2, Belle Prairie 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: Cerny, Mueller, Galusha, Capek, Yates, Simacek, and Kimbrough

Nays: None

The Chairman declared the motion carried.

OCCUPY COUNTY RIGHT-OF-WAY

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

Perennial, P. P. D. – to bury underground power line between the W NW ¼ of Section 18-8-1, Exeter Township and the E NE ¼, Section 13-8-2, Fairmont Township. Perennial, P. P. D. 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: Mueller, Galusha, Capek, Yates, Simacek, Kimbrough, and Cerny

Nays: None

The Chairman declared the motion carried.

PROGRAM RESOLUTION FOR PROJECT C-30 (331) SEC. 33/34-7-2, MADISION TOWNSHIP

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

RESOLUTION 2005-23

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 0.15 miles south of the NW corner of Section 34-7-2; thence north 0.20 miles and resuming 0.06 mile west of the NW corner of Section 34-7-2; thence east 0.15 miles (1.0 miles north and 2.5 miles east of Geneva, NE), and which construction includes: grading, culvers, CBC, surfacing, and other improvements 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 IT 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: Galusha, Yates, Kimbrough, Cerny, and Mueller

Nays: Capek, and Simacek

The Chairman declared the resolution adopted.

SERVICE CONTRACT FOR CARE MANAGEMENT PROGRAM

Simacek moved and Yates seconded the motion to approve and sign the Service Contract for the Care Management Program with the Lincoln Area Agency on Aging. The Care Management Unit agrees to pay Fillmore County for each hour of care management services, as defined by Nebraska Department of Health and Human Services regulations, provided to eligible older residents of Fillmore County. Fillmore County shall be paid a rate of Twenty-Five ($25.00) dollars per hour for the delivery of care management services for the period of July 1, 2005 through June 30, 2006, not to exceed $16,000.00 a year. Upon roll call, the vote was as follows:

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

Nays: None Absent: Cerny

The Chairman declared the motion carried.

APPOINTMENTS TO PLANNING AND ZONING BOARD

Simacek moved and Mueller seconded the motion to appoint Sharon Elznic, Tom Boyer, Morley Most, and Dave Manning to the Planning and Zoning Board for a three year term beginning July 1, 2005 through June 30, 2008. 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.

APPOINT ALTERNATE TO PLANNING AND ZONING BOARD

Yates moved and Galusha seconded the motion to appoint Merle Noel as an alternate for District #7 to the Planning and Zoning Board. 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.

FLOOD PLAIN PERMITS

Planning and Zoning Administrator, Gerald Slezak clarified with the board pertaining to flood plain permits which was discussed at the July 26^th meeting. Slezak informed the board that there would be a notice with each tax statement to inform all tax payers that if they live in a flood plain that they need to obtain a building permit for substantial repairs, due from a flood.

FLOOD PLAIN DESIGNATION FOR TODD LEININGER

Planning and Zoning Administrator, Gerald Slezak informed the board that due to a new bridge that was installed in Section 30-7-4, Bennett Township that Todd Leininger’s house was now in a flood plain. After reviewing Lewis’ survey when the project was complete, Lewis felt that the flood plain would only raise about 0.19 feet. The Board asked that Gerald and Elmer Hessheimer talk to Jerry Lewis and the State NRD regarding this issue.

GIS

After discussion, Mueller moved and Cerny seconded the motion to proceed with Marcus Tooze and GIS Workshop in purchasing all three layers of the GIS system. The three layers include: Assessor GIS, Rural Improvement Photography, and Internet Map System per the proposal. GIS Workshop has offered Fillmore County a zero percent financing deal of $38,500.00 a year for three years, for a total cost of $115,500.00. 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.

BURLINGTON NORTHERN SANTA FE RR CULVERT

Rex Brown discussed that the Burlington Northern Santa Fe Railroad culvert was blocked in Section 29-8-2, Fairmont Township. Rex wanted to inform the Board, that he has contacted Burlington Northern several times about cleaning out this culvert. Rex said at this time that the Railroad has removed the rock and that Gary Swanson from Burlington Northern contacted him and that they would put a liner through the culvert to prevent further damage.

GAGE COUNTY EMERGENCY MANAGEMENT AGENCY

Shawn Weise, Gage County Regional Homeland Security Exercise Training Officer, informed the Board that he would be assisting Fillmore, Jefferson, Saline, Thayer, and Gage counties in training, planning, exercise, and grant management on a multi-county regional level to insure further development on Homeland Security preparedness for Emergency Management, first responders, elected officials, and the citizens of our State. Shawn will be providing a National Incident Management System (NIMS) training for all elected officials, fire departments, EMS, law enforcement, and any other department that need this training. The Board and Shawn decided to wait until late Fall to have these training courses offered. Fillmore County Emergency Manager, Terry Marshall and the Board will discuss these training sessions at a later date.

REGION V, PREVENTION CENTER

Sandy Morrissey, Director of Region V Prevention Center (RPC), Amy Reynoldson, Resource Development Specialist, and Derek Effle, Prevention Specialist informed the Board that they were working with 16 counties at developing and maintaining relationships. During 2004-2005 RPC have developed a Methamphetamine Advisory Board, a Regional Coalition, a Youth Action Board and assisted in technical assistance for existing prevention county coalitions and continue to work at building coalitions in counties that are not yet organizing substance abuse prevention efforts.

Ted Dondlinger, Co-Chair of Fillmore County Coalition informed the Board that they are working closely with Region V Prevention Center and the youth of Fillmore County to get the awareness out about Fillmore Counties substance abuse prevention efforts. Sandy Morrissey told the Board that Fillmore County is in the lead with getting the youth of Fillmore County involved. Ted also informed the Board that they would be conducting a Risk and Protective Factor Student Survey in the schools this fall to get our own data to work with, to allow the Fillmore County Coalition to receive some Federal Grants.

INFORMAL BUDGET REVIEW

Informal budget reviews for 2005-2006 budgets were held. The following proposed budgets were reviewed:

Board, Clerk, Register of Deeds, Elections, Treasurer, Data Processing, Assessor, Surveyor, Planning & Zoning, County Court, Juvenile Diversion, Civil Defense, Sheriff, Jail, Law Enforcement Grant, Drug Law Enforcement, Miscellaneous, Employment Security, Medical/Relief, Institutions, Waste Oil, and Lottery – Keno Fund.

Several suggestions for changes were made. Final action will not be taken until the budget hearing in September.

LAW ENFORCEMENT

Law Enforcement for the City of Geneva was discussed at an open and public meeting with the City Council of Geneva, Mayor of Geneva – Rod Norrie, City Attorney – Joe Bixby, City Administrator – Bob Higel, members of the City of Geneva, Fillmore County Sheriff – Bill Burgess, Deputy County Attorney – Howard Ach, and the Fillmore County Board of Supervisors. After discussion, Tom Ortgies moved and John Westfall seconded the motion to authorize the Mayor to enter into negotiations with the Fillmore County Sheriff and the Fillmore County Board to create an Interlocal Agreement to provide police protection and services to the citizens of the City of Geneva.

Cerny moved and Yates seconded the motion for the Fillmore County Board of Supervisors and Fillmore County Sheriff, Bill Burgess to enter into negotiations with the City of Geneva to provide police protection and services to the City of Geneva. 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.

ADJOURNMENT

As there were no other items to come before the Board, the Chairman declared the meeting adjourned until 9:00 a.m. August 23, 2005.

__________________________________________ ____________________________________________

Attest Chairman