August 23, 2005

The Fillmore County Board of Supervisors convened in open and public session at 9:00 a.m., August 23, 2005, in the Courthouse Boardroom in Geneva, Nebraska with Chairman Kimbrough presiding. Members present were Cerny, Simacek, Yates, Capek, and Galusha. Mueller was absent until 1:00 p.m. 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 5:25 p.m.

REPORTS

The July 2005 reports for the Fillmore County Rural Transit, Fillmore County Hospital Governing Board and Tax Sales were reviewed and ordered placed on file in the Clerk’s office.

The following is a synopsis of the July minutes of the Fillmore County Hospital Governing Board:

The Fillmore County Hospital Governing Board met on July 15, 2005 at Arbor Lodge in Nebraska City with Chairman Kotas presiding. Members present were Kudlacek, Johnson, Marget, and Eichelberger.

The minutes of the June meeting were accepted as presented.

Eichelberger gave an update on the progress of the renovation project and changes that need to be made due to irregularities found during construction. Eichelberger also updated the Board on the previous discussion with two other hospitals and the nuclear medicine tech. Contact was made with an attorney and this type of venture is prohibited by State Statute. Annual audit with Dohman, Ackerlund & Eddy will take place the 1^st week of August.

It was moved and seconded to accept the Hospital data, financial reports, and check register listing reports. Carried 4-0.

Eichelberger reported that the charge master for all procedures and stays will be reviewed and compared with other facilities and the state average sometime during the summer of 2006. Eichelberger also reported that they have changed their Directors and Officers insurance due to lack of coverage for some specific issues. They also discussed personnel issues.

There was no other business to come before the Board, it was moved and seconded that the meeting adjourn until August 18, 2005 in the Family Room.

MINUTES APPROVED WITH CORRECTION

Galusha moved and Yates seconded the motion to approve the minutes of August 9, 2005 meeting, with the following correction: the Board asked that Gerald and Elmer Hessheimer talk to Larry Lewis and the State NRD regarding this issue. Upon roll call, the vote was as follows:

Ayes: 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: 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
Alltel	Uti	$301.39
American Family Life Insurance	Insur	22.50
Ameritas Life Insurance Corp	Ret	3,827.36
Aramark Uniform Services, Inc.	Ser	166.36
Assurity Life Insurance Company	Ser	162.00
Bottorf & Maser, Atty	Court Appointed Counsel fees	1,383.78
C & C Extinguisher Service	Ser	56.25
Marilyn Christiancy	Ret	25.00
City of Geneva	Rent	440.00
Conoco Phillips 66	Fuel	978.49
County Assessor’s Assoc. of NE	Dues	50.00
Dell Marketing, L. P.	Sup	22.95
Duckwall – Alco Stores, Inc.	Sup	50.19
Eakes Office Plus	Sup	324.71
Executive Copier Systems	Ser	99.33
Fillmore County Medical Center	Ser	72.18
Fillmore County Treasurer	Transfer	17,011.06
The Garbage Co., Inc.	Ser	101.51
Geneva State Bank	SS	4,170.29
Geneva State Bank	Ser	25.00
Geneva Super Foods	Sup	8.04
Norma Gregory	Ret	25.00
Hilty’s of Geneva	Sup	807.53
Hometown Leasing	Ser	509.38
JEO Consulting Group, Inc.	Ser	711.75
Kalkwarf & Smith Law Offices, LLC	Ser, Post, Misc.	2,611.99
Lease Consultants Corporation	Ser	249.00
Ann McDonald	Ret	18.00
Microfilm Imaging Systems, Inc.	Ser	100.00
Nebraska National Bank	Ser	187.59
Nebraska Public Power Dist.	Uti	2,008.31
Nebraska Signal	Subscription	24.50
Nebraska State Bar Assoc.	Wksh	780.00
NE Technology & Telecommunications, Inc.	Uti	1,160.23
Pro Printing & Graphics	Sup	19.95
Russ’s Pest Control	Ser	30.00
Secretary of State Rules & Regulations	Sup	20.00
Seiler & Parker, P.C.	Ser	294.00
Stan’s Recycle & Salvage	Ser	75.00
State of Nebr. Crime Commission	Sup	12.00
State of Nebr. Dept. of Admin. Services	Ser	48.06
Tri State Binders	Ser	2,178.00
Univ. of Nebr. – College of Law	Wksh	260.00
UN-L IS Telecommunication	Uti	19.89
Weaver Pharmacy	Sup	24.16
York County Sheriff	Boarding Prisoner	385.00
York General Hospital	Ser	231.00
York Medical Clinic	Ser	88.00
Payroll	Salaries	59,520.67
ROAD & BRIDGE FUND
American Family Life Assurance Company	Insur	47.35
Ameritas Life Insurance Corp	Ret	1,632.23
Casey’s General Stores	Fuel	1,805.30
Direct Safety Company	Sup	33.23
Dorchester Farmers Coop	Fuel	2,210.57
Garbage Company	Ser	48.89
Geneva State Bank	SS	1,815.71
Ralph Gould	Ret	18.00
Grafton Mini Mart	Fuel	57.77
Grafton Oil	Fuel	782.80
Donovan Jirkovsky	Ret	25.00
Lichti Bros Oil	Fuel	1,946.72
Marlborough	Sup	38.00
Nebraska Machinery	Parts, Sup	701.87
NPPD	Uti	199.89
Nebraska Tech & Telecomm, Inc.	Uti	108.11
Newman Signs	Signs	271.79
Strobel Industries, Inc.	Parts	12.80
Superior Deshler, Inc.	Fuel	71.83
Weaver Pharmacy	Misc	7.31
Payroll	Salaries	24,999.32
MEDICAL/RELIEF
York Medical Clinic	Ser	278.26
SENIOR SERVICES
Ameritas Life Insurance Corp.	Ret	275.03
Exeter Golden Agers	USDA – June	37.05
Fairmont Aging Services	USDA – June	137.94
Geneva Senior Center	USDA – June	632.70
Geneva State Bank	SS	343.82
Payroll	Salaries	4,535.97
INHERITANCE TAX
Fillmore County Treasurer	Transfer	5,000.00
NOXIOUS WEED FUND
Ameritas Life Insurance Corp.	Ret	157.77
Geneva State Bank	SS	164.28
Payroll	Salaries	2,337.40
E911 COMMUNICATIONS FUND
Alltel	Ser, Uti	944.02

CLAIMS APPROVED

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

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

Nays: None

The Chairman declared the motion carried.

PRESCRIPTION DRUG CARD PROGRAM

After discussion, Yates moved and Simacek seconded the motion to enter into a joint agreement with Fillmore County and National Association of Counties (NACO) to offer a prescription drug card to members of Fillmore County. This prescription drug card can be used any time your prescription is not covered by insurance. Eight out of ten pharmacies nationwide accept this discount card. There is no enrollment and no membership fee. Once we have received our cards, there will be a publication in the Nebraska Signal as to where they will be available. Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the motion carried.

DRIVEWAY PERMITS

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

Ron Alfs – to install a new 40’ driveway on the north side of the NE ¼, Section 16-5-4, Bryant Township

Lynn Yates – to replace existing driveway to 40’ on the west side of the N ½ NW ¼, Section 14-6-3, Stanton Township.

Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the motion carried.

OCCUPY COUNTY RIGHT-OF-WAY

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

Don Luttich – to bury water and electrical line between the NW ¼, Section 2-5-2, Belle Prairie Township and the SE ¼, Section 34-6-2, Chelsea Township. Don Luttich 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.

Charles Dondlinger – to bury electrical line between the SE ¼, Section 15-6-4 and NE ¼, Section 22-6-4, Momence Township. Charles Dondlinger 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.

Alltel – to bury communications cable between the NW ¼, Section 26-6-1 and the E ½ NE ¼, Section 27-6-1, Glengary 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: Simacek, Kimbrough, Cerny, Galusha, Capek, and Yates

Nays: None

The Chairman declared the motion carried.

USED OIL PICK UP

After discussion, it was decided that the County would continue picking up used oil in Geneva on the first Monday of each month, and only picking up in other surrounding communities on the same schedule as prior, but only in April, July, and October. There will be no used oil pick up in the surrounding communities in September, 2005. The County will still pick up used oil over 200 gallons, on an on call basis

MOTOR GRADER LETTING

Bids for a new motor grader were opened at 10:00 a.m. A 1990 JD 770BH was offered for trade-in. The following bids were received:

Murphy Tractor & Equip. Co., Grand Island

2005 John Deere 770D, 165-215 FWH, 50 hrs. Cash No Trade $183,000.00

Trade In with air seat $156,500.00 Trade with 5 year warranty $161,255.00

2005 John Deere 770D, 165-215 FWY, no hours Cash No Trade $177,925.00

Trade In $151,425.00 Trade with air seat $151,620.00

Trade with seat & 5 year warranty $156,180.00

Mid-Land Equipment, Lincoln

2005 Case 865 D.H.P., 170 FWH, no hours Cash No Trade $157,569.57

Trade In with air seat $130,069.57 Trade In with seat & 5 year warrant $142,015.44

Nebraska Machinery, Lincoln

2005 Caterpillar 12H VHP Plus, 145-185 FWH, 8 hrs., includes air seat and 5 year warranty

Cash No Trade $171,342.00 Trade In $147,142.00

2005 Caterpillar 140H VHP Plus, 165-205 FWH, 8 hrs., includes air seat and 5 year warranty

Cash No Trade $188,200.00 Trade In $164,000.00

PURCHASE MOTOR GRADER

After discussion, Simacek moved and Capek seconded the motion to accept the bid from Nebraska Machinery for a 2005 Caterpillar 12H VHP Plus motor grader at the trade price of $147,142.00. Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the motion carried.

KENO CONTRACT

After discussion, Cerny moved and Yates seconded the motion to sign the following Keno contract with Zeilinger Keno, Inc.

This agreement is made and entered into on the 23 day of August, 2005, by and between Zeilinger Keno, Inc. a Nebraska Corporation, hereinafter called “Operator”, and the County of Fillmore, Nebraska, hereinafter, the “County”.

WHEREAS, Operator is authorized to conduct business pursuant to the statutes of the United States and of the State of Nebraska;

WHEREAS, a majority of the vote by the registered votes of the County of Fillmore, Nebraska were cast in favor of authorizing the establishment of a municipal lottery;

WHEREAS, the County Board of Fillmore, Nebraska authorized such a lottery to be established and requested proposals for a keno-type lottery to be operated by an independent contractor lottery operator;

WHEREAS, the Operator’s proposal for operating a lottery was accepted by the County of Fillmore, Nebraska; and

WHEREAS, the Operator and the County are desirous of continuing the Operator’s exclusive right to operate for the County, a legal, keno-style lottery, within the County for a period of five (5) years from the date of this Agreement.

(A complete contract is on file at the County Clerk’s Office.) Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the motion carried.

INTERLOCAL COOPERATION AGREEMENT FOR LAW ENFORCEMENT SERVICES

After discussion, Yates moved and Cerny seconded the motion to approve and sign the Interlocal Cooperation Agreement for Law Enforcement Services between Fillmore County, Nebraska and The City of Geneva, Fillmore County, Nebraska. This Interlocal agreements initial term is for two (2) years commencing on October 1, 2005 and terminating on September 30, 2007. The agreement shall automatically renew for an additional one-year term for subsequent years after September 30, 2007. If either party does not desire to have this agreement renew then the terminating party shall give written notice to the other party at least ninety (90) days before the October 1 renewal date.

THIS INTERLOCAL AGREEMENT is made and entered into by and between the County of Fillmore, Nebraska, a political subdivision of the State of Nebraska, hereinafter referred to as the “County”, and the City of Geneva, Fillmore County, a Second class City of the State of Nebraska, hereinafter referred to as the “City”.

WHEREAS, Neb. Rev. Stat. § 13-801, et seq. provides that any two or more public agencies may enter into agreements with one another to perform any governmental services, activity, or other undertaking which each public agency is authorized by law to perform; and

WHEREAS, the County and the City are both public agencies as defined by Neb. Rev. Stat. § 13-803; and

WHEREAS, Neb. Rev. Stat. § 19-3801 provides that any city of second class may, under the provisions of the Interlocal Cooperation Act enter into an agreement with the county board of its county for police services to be provided by the county sheriff. Whenever any such agreement has been entered into, the sheriff shall, in addition to his or her other powers and duties, have all the powers and duties of the peace officers within and for the city; and

WHEREAS, the City of Geneva is located within the County of Fillmore, Nebraska; and

WHEREAS, the City has and does hereby request that the Fillmore County Board enter into an agreement with the City for law enforcement services for the City to be provided by the County Sheriff.

(A complete contract is on file at the County Clerk’s Office.) 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.

GIS CONTRACT

After discussion with Jill Cunningham, Fillmore County Attorney, a few changes need to be made before the Board approved this contract. Joan Ackland, County Assessor will contact Marcus Tooze, GIS Workshop to get these changes made for the next board meeting.

BOARD OF EQUALIZATION

At the request of the County Assessor, Mueller moved and Simacek seconded the motion to go into session as the Fillmore County Board of Equalization at 1:23 p.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.

VALUATION CHANGES & TAX CORRECTION

Mueller moved and Yates seconded the motion to approve the valuation changes and the tax correction on file 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.

RETURN TO REGULAR SESSION

Cerny moved and Capek seconded the motion to adjourn as Board of Equalization and return to regular session of the Fillmore County Board of Supervisors at 1: 25 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.

LINCOLN AREA AGENCY ON AGING

June Pederson, Director of Lincoln Area Agency on Aging and Denise Boyd, Multi-County Coordinator, presented the annual report and the budget request for 2005-2006. The budget request for the county increased to $7,177.00 or $652.00 more that requested in 2004-2005. Action on this request will be taken during the budget process.

INVENTORIES APPROVED

Mueller moved and Simacek seconded the motion to approve the inventories of the county offices and departments 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.

FLOOD PLAIN DESIGNATION FOR TODD LEININGER

Planning and Zoning Administrator, Gerald Slezak informed the board that he talked to Larry Lewis about this flood plain problem. Larry told Gerald that it would cost between $800.00 and $1,200.00 to resurvey the land from the National GPS Survey point which is 4.8 miles from Todd’s house, which is located in Section 30-7-4, Bennett Township. Todd Leininger informed the board that he has done nothing to the land around his house and he can not remember a time when there was water even close to his house. After discussion, the Board asked that Gerald get Larry Lewis to give us a total cost and not an estimate to complete this process.

ENTERING AND LEAVING THE COURTHOUSE

After discussion, Yates moved and Cerny seconded the motion to have a policy on entering and leaving the courthouse after hours, weekends, and holidays. Anyone entering the courthouse before 7:30 a.m. and leaving the courthouse after 5:30 p.m. will need to use the South door and check in or out with the dispatcher’s office. The Safety Committee is not aware of any problems at this time, but feel it is beneficial to the dispatchers to know who is in the courthouse, and as a security and liability stand point. 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.

TOWNSHIP LEVY

After discussion, Cerny moved and Yates seconded the introduction of the following resolution:

RESOLUTION 2005-24

Pursuant to LB 77-3443, The County Board of Supervisors of Fillmore County hereby resolves to set the following final levy allocation for 2005.

Request Levy Rate at Requested Max. Levy Rate Allowed

Amount Amount under Final Allocation

Exeter Township $10,382 0.010069 0.025000

West Blue Township $ 6,086 0.016042 0.025000

Grafton Township $13,272 0.035004 0.025000

Bennett Township $11,272 0.032536 0.025000

Geneva Township $ 6,295 0.007660 0.025000

Madison Township $ 5,015 0.009673 0.025000

Liberty Township $ 8,280 0.025087 0.025000

Glengary Township $ 3,800 0.011518 0.025000

Chelsea Township $ 7,943 0.019980 0.025000

Stanton Township $ 7,820 0.013807 0.025000

Momence Township $ 4,367 0.013641 0.025000

Bryant Township $ 6,000 0.011509 0.025000

Hamilton Township $ 7,717 0.018485 0.025000

Belle Prairie Township $10,103 0.030194 0.025000

Franklin Township $ 2,348 0.008639 0.025000

Upon roll call, the vote was as follows:

Ayes: Cerny, Mueller, Yates, and Kimbrough

Nays: Galusha, and Capek Abstaining: Simacek

The Chairman declared the resolution adopted.

MISCELLANEOUS LEVIES

After discussion, Yates moved and Capek seconded the introduction of the following resolution:

RESOLUTION 2005-25

Pursuant to LB 77-3443, The County Board of Supervisors of Fillmore County hereby resolves to set the following final levy allocation for 2005.

Request Levy Rate at Requested Max. Levy Rate Allowed

Amount Amount under Final Allocation

Agricultural Society $62,605 0.008988 0.008988

Historical Society $ 6,428 0.000923 0.000923

Exeter Fire District $31,127 0.024973 0.031005

Fairmont Fire District $ 5,896 0.007051 0.031005

Grafton Fire District $15,974 0.025768 0.031005

Geneva Fire District $12,607 0.010008 0.031005

Milligan Fire District $18,727 0.031005 0.031005

Ohiowa Fire District $16,203 0.030127 0.031005

Shickley Fire District $23,019 0.021298 0.031005

Upon roll call, the vote was as follows:

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

Nays: None Absent: Mueller

The Chairman declared the resolution adopted.

INDUSTRIAL DEVELOPMENT REVENUE BOND

Supervisor, Larry Cerny informed the board that Advanced Bioenergy, LLC will be applying for a $7.5 million tax increment financing bond and a $5 million industrial bond.

APPOINT BUDGET MAKING AUTHORITY

After discussion, Capek moved and Yates seconded the motion to appoint County Clerk, Amy Nelson the budget making authority for the county for the current fiscal year as provided by a resolution adopted January 8, 2002. 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.

ADJOURNMENT

Agenda item “Classification of Employee Policy” was tabled until a future board meeting. As there were no other items to come before the Board, the Chairman declared the meeting adjourned until 9:00 a.m. September 13, 2005.

___________________________________________ _____________________________________________

Attest Chairman