September 27, 2005

 

            The Fillmore County Board of Supervisors convened in open and public session at 9:00 a.m., September 27, 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 12:26 p.m.

 

MINUTES

 

            Cerny moved and Mueller seconded the motion to approve the minutes of the September 13th regular meeting of the Board.  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.

 

CLAIMS APPROVED FROM SEPTEMBER 13, 2005

 

            Yates moved and Capek seconded the motion to approve the claims as presented on September 13th.  Upon roll call, the vote was as follows:

 

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

Nays: None                              Abstaining: Yates

 

            The Chairman declared the motion carried.

 

RECIND MOTION TO APPROVE MINUTES

 

            Cerny moved and Mueller seconded the motion to rescind the previous motion to approve the minutes from the September 13th regular Board meeting.  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.

 

MINUTES APPROVED WITH CORRECTION

 

            Yates moved and Mueller seconded the motion to approve the minutes of the September 13, 2005 meeting with the following correction:  approval of claims, see previous motion to approve the September 13th claims as presented.  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.

 

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

$259.13

Ameritas Life Insurance Corp.

Ret

3,785.14

Jonathan Anderson

Misc

100.00

Assurity Life Insurance Company

Insur

156.00

Joseph Bixby

Ser

2,452.50

Blue Cross/Blue Shield of Nebraska

Insur

14,036.15

Bottorf & Maser, Atty

Ser

170.25

William Burgess

Misc

100.00

Daryl Callenius

Misc

100.00

Marilyn Christiancy

Ret

25.00

City of Geneva

Rent

440.00

Civic Research Institute, Inc.

Subscription

169.95

David City Police Dept.

RAP

3,551.50

Drummond American Corp.

Sup

148.52

Fillmore County Bldg & Grounds

Sup, Misc

51.36

Fillmore County Treasurer

Transfer

336,342.51

Fort Dearborn Life Insurance Co.

Insur

195.19

Gambles

Sup

45.37

Geneva State Bank

SS

4,120.06

Geneva State Bank

Ser

25.00

Geneva Super Foods

Sup

50.56

Norma Gregory

Ret

25.00

Head Start Child & Family Development

CASA funding

8,065.00

Hilty’s of Geneva

Sup

713.11

Hometown Leasing

Ser

374.00

Steve Julich

Misc

100.00

Kalkwarf & Smith Law Offices, LLC

Ser, Post, Dues, Wksh

3,491.06

Kerry’s Auto Repair & Service

Rep

22.70

Stephen J. Kraviec

Ser, Post

1,578.25

Terry Marshall

Sup, Software

49.71

Ann McDonald

Ret

18.00

Mel’s Automotive

Ser

25.00

Microfilm Imaging Systems, Inc.

Ser

100.00

MIPS/County Solutions, LLC

Software

259.98

Nebraska National Bank

Ser

187.59

Nebraska Public Power District

Uti

1,506.66

The Nebraska Signal

Sup, subscription

204.40

NE Technology & Telecommunications, Inc.

Uti

1,178.98

Amy Nelson

Mile

97.20

OMB Police Supply

Sup

132.96

Quinlan Publishing Group

Subscription

147.00

Steve Roemmich

Misc

100.00

Russ’s Pest Control

Ser

40.00

Saline County Treasurer

Bailiff

5,518.50

Seiler & Parker, P. C.

Ser

366.85

Southeast NE Development District

Dues

6,639.00

State of NE Dept. of Admin Services

Ser

49.63

State of NE Dept. of Labor

Ser

75.00

David Turner

Misc

100.00

UN-L IS-Telecommunications

Uti

26.93

Daniel Werner, P.C., LLO

Ser, Misc

394.05

York County Sheriff

Ser

15.50

Payroll

Salaries

58,864.07

 

 

 

ROAD & BRIDGE FUND

 

 

American Red Cross

First Aid

114.00

Ameritas Life Insurance Corp

Ret

2,067.29

Blue Cross/Blue Shield of Nebraska

Insur

9,699.77

C & C Extinguisher Service

Sup

189.75

Contech

Culverts

7,592.00

Dorchester Farmers Coop

Fuel

895.85

Farm Plan

Parts, Sup

908.87

Fort Dearborn Life Insurance Co.

Insur

114.71

Gambles of Geneva

Sup, Misc

45.85

Geneva State Bank

SS

2,315.48

Ralph Gould

Ret

18.00

Grafton Mini Mart

Fuel

210.67

Grafton Oil

Fuel

1,260.46

Donovan Jirkovsky

Ret

25.00

Lichti Bros. Oil Co.

Fuel

2,268.21

Nebraska Industrial Fasteners

Sup

21.48

Nebraska LTAP

Wksh

50.00

Nebraska Machinery Company

Parts, Sup

600.60

Nebraska Public Power

Uti

210.32

Overland Sand & Gravel

Gravel

259.36

Perennial Public Power

Uti

31.10

Roit Repair

Rep

40.85

Payroll

Salaries

31,211.15

 

 

 

ECONOMIC DEV. – TOURISM

 

 

Fillmore County Development Corp.

Ser, Post, Sup, Misc

385.16

Nebraska Life Publishing, Inc.

Ad

255.00

Mina Nutter

Sup

31.98

 

 

 

MEDICAL/RELIEF FUND

 

 

Weaver Pharmacy

Sup

286.71

 

 

 

INSTITUTIONS

 

 

State of NE Health & Human Services System

August Patient Care

375.00

 

 

 

SENIOR SERVICES

 

 

Ameritas Life Insurance Corp.

Ret

275.03

Blue Cross/Blue Shield of Nebraska

Insur

912.92

Exeter Golden Agers

USDA – July

52.44

Fairmont Aging Services

USDA – July

143.64

Fillmore County Rural Transit

Mile

33.00

Fort Dearborn Life Insurance Co.

Insur

11.30

Geneva Senior Center

USDA – July

636.69

Geneva State Bank

SS

351.62

Payroll

Salaries

4,637.97

 

 

 

NOXIOUS WEED FUND

 

 

Ameritas Life Insurance Corp.

Ret

157.77

Blue Cross/Blue Shield of Nebraska

Insur

456.46

Fort Dearborn Life Insurance Co.

Insur

1.42

Geneva State Bank

SS

164.28

Payroll

Salaries

2,337.40

 

 

 

 

CLAIMS APPROVED

 

            Simacek moved and Yates 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.

 

MILEAGE RATE

 

            After discussion, Mueller moved and Simacek seconded the motion to set the mileage rate for travel on county business to 48.5 cents as determined by the Nebraska Department of Administrative Services and the rate for the Sheriff at 51.5 cents per mile for serving papers, effective September 1, 2005.  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.

 

DRIVEWAY PERMIT

 

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

 

            Tom Lovegrove – to install a new 30 to 40 ft. driveway on the west side of the SW ¼, Section 15-6-2, Chelsea 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

 

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

 

            Alltel Communications – to bury communications cable between Sections 29 & 30-7-2, Madison 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.

 

            Alltel Communications – to bury communications cable between Sections 25 & 26-7-1, Liberty 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.

 

            Barbara Wilkins – to bury electric line between the NE ¼, Section 31-6-2 and the NW ¼, Section 32-6-2, Chelsea Township.  The owner will cooperate with the Fillmore County Officials and keep them fully informed of all construction and maintenance work required.  The surface of the road will be restored 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.

 

            Janice Myers – to bury 8” pipe from the SW ¼, Section 34-6-2 across the SE ¼, Section 34-6-2, Chelsea Township to the E ½ of the NE ¼, Section 3-5-2, Belle Prairie Township.  The owner will cooperate with the Fillmore County Officials and keep them fully informed of all construction and maintenance work required.  The surface of the road will be restored 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.

 

            Cheryl Myers – to bury 8” pipe in the road ditch in the NE ¼, Section 34-6-2 and NW ¼, Section 35-6-2, Chelsea Township.  The owner will cooperate with the Fillmore County Officials and keep them fully informed of all construction and maintenance work required.  The surface of the road and ditch will be restored to the same condition as it was prior to the work and such restoration will be accomplished 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.

 

SELLING OLD COUNTY RIGHT-OF-WAY

 

            After discussion, Cerny moved and Simacek seconded the motion to set a Public Hearing on October 25, 2005 at 10:30 a.m. and a Sale date of November 22, 2005 at 10:00 a.m. to sell the county right-of-way in Sections 25 & 26-7-1, Liberty Township.  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.

 

PUBLIC HEARING TO CLOSE PART OF ROAD G

 

            After discussion, Galusha moved and Mueller seconded the motion to schedule a Public Hearing on October 25, 2005 at 10:45 a.m. for the discussion of closing Road G, between Road 12 and Highway 81.  Upon roll call, the vote was as follows: 

 

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

Nays: None                              Abstaining due to conflict of interest: Cerny and Simacek

 

            The Chairman declared the motion carried.

 

ROAD GRADING LETTING

 

            After discussion, Mueller moved and Galusha seconded the motion to have a Road Grading Letting on October 25, 2005 at 11: 00 a.m. for the E ½ mile of Road G, between Road 12 and Highway 81 and Road H, between Road 12 and Highway 81.  Upon roll call, the vote was as follows:

 

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

Nays: None                                          Abstaining: Simacek

 

            The Chairman declared the motion carried.

 

ROAD DEPARTMENT ANNUAL REPORT

 

            Highway Superintendent, Elmer Hessheimer presented the Roads Department Annual Report.  After discussion, the Board approved and signed the Road Departments annual report.

 

ONE & SIX YEAR PLAN REVISION

 

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

 

RESOLUTION 2005-30

 

            ACCEPTING THE REVISION TO THE ONE (1) & SIX (6) YEAR HIGHWAY IMPROVEMENT PROGRAM FOR THE COUNTY OF FILLMORE, NEBRASKA.

 

            BE IT RESOLVED, by the Chairman and Supervisors of Fillmore County that:

 

            It is hereby found and determined that:

 

1.      The program for distribution of the Highway Allocation Funds provide additional funds to counties for road related maintenance and construction.

2.      The County of Fillmore, Nebraska does hereby adopt the revision to the 2005-2006 One (1) and Six (6) Year Program as proposed by the Fillmore County Highway Superintendent, with the following changes:

 

See Form 10-C-30(358) and Form 10-C-30(359)

 

            Upon roll call, the vote was as follows:

 

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

Nays: None                                          Abstaining: Simacek

 

            The Chairman declared the resolution adopted.

 

GIS CONTRACT

 

            County Assessor, Joan Ackland presented the Board with the contract for the GIS system for GIS Workshop.  After discussion, Yates moved and Capek seconded the motion to approve and sign the GIS Contract by the Chairman of the 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.

 

COUNTY VEHICLE

 

            After discussion, Cerny moved and Mueller seconded the motion for a new County Mini Van Letting to be held on November 8, 2005 at 10:30 a.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.

 

METHAMPHETAMINE RESOLUTION

 

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

 

RESOLUTION 2005-31

 

            WHEREAS, methamphetamine or “meth” is a highly addictive and destructive drug that has reached epidemic proportions across Nebraska and the rest of the United States in rural, suburban and urban counties.

 

            WHEREAS, meth can be easily manufactured in almost any setting from common household chemicals, such as cold medicine.

 

            WHEREAS, meth use has a wide range of consequences, including contamination of the environment, violent and reckless behavior by the users, jeopardized the well being children and the entire community where it is found.

 

            WHEREAS, prevention and education are critically important to combating meth use.

 

            WHEREAS, alarming rates of children are found at meth labs where they are living in deplorable conditions and are vulnerable to neglect and abuse.

 

            WHEREAS, methamphetamine abuse leads to many health problems for users and those around them.  Long-term health risks associated with meth use include, tooth decay, depression, pulmonary and neurological challenges.  Children who are exposed to these hazardous chemicals during production and use may also develop neurological, pulmonary diseases, which will lead to learning disabilities.

 

            WHEREAS, for each pound of methamphetamine that is produced, five to seven pounds of toxic waste is also produced.  This waste is often introduced into the environment through septic systems, streams, and groundwater.

 

            WHEREAS, treatment for methamphetamine addiction has been found to be effective when the user is willing to accept it and where it is available.

 

            WHEREAS, research has shown an additive to anhydrous ammonia is effective at reducing the production value of meth, while still being useful as a fertilizer for production agriculture.

 

            WHEREAS, there is currently no remediation guidelines for individuals and local governments to follow to cleanup a former meth lab.

 

            WHEREAS, a comprehensive solution strategy is needed to fight meth to include law enforcement, treatment, education, prevention, research, cleanup, child protective services, and precursor control.

 

            WHEREAS, several bills have been introduced in Congress to combat the methamphetamine scourge, including S.103, HR 350, and HR 798.

 

            THEREFORE, it is resolved that Fillmore County Nebraska urges Congress and the Administration to increase funding for methamphetamine education, prevention, research, enforcement, cleanup, and treatment.  Additionally, Fillmore County Nebraska insists that Congress and the Administration establish a comprehensive, coordinated and multi-faceted response to the methamphetamine crisis.

 

            Upon roll call, the vote was as follows:

 

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

Nays: None

 

            The Chairman declared the resolution adopted.

 

CERTIFIED COMMUNITY

 

            City of Geneva Clerk, Barb Whitley presented to the Board what benefits a “Certified Community” would give Fillmore County.  The City of Geneva asked the Board for Fillmore Counties’ support in becoming a Certified Community.

 

            After discussion, Yates moved and Mueller seconded the introduction to the following resolution:

 

RESOLUTION 2005-32

 

            WHEREAS, local municipal government, county government, and regional economic development entities must provide leadership and coordination for economic development efforts; and

 

            WHEREAS, economic development needs can best be solved through a cooperative effort between local, county, regional, and state economic development organizations and entities; and

 

            WHEREAS, there is a need to recognize and promote our community’s organizational readiness, infrastructure investment, ability to respond to business needs, and

 

            WHEREAS, the Economic Development Certified Community Program, administered by the Nebraska Department of Economic Development, has been reviewed and found to be a program promoting our community’s economic development preparedness;

 

            THEREFORE, the County Board of Supervisors of Fillmore County does herewith pledge their full support, endorsement, and cooperation for participation in Nebraska’s Economic Development Certified Community Program by Geneva.

 

            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.

 

RURAL APPREHENSION PROGRAM

 

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

 

RESOLUTION 2005-33

 

            WHEREAS, law enforcement agencies with the following counties: Butler, Clay, Fillmore, Hamilton, Jefferson, Merrick, Nuckolls, Saunders, Seward, Thayer, Webster, and York desire to enter into a cooperative law enforcement effort; and

 

            WHEREAS, the above agencies have submitted a grant application known as the RURAL APPREHENSION PROGRAM (hereafter referred to as RAP 15); and

 

            WHEREAS, the RAP project has been funded by the Nebraska Crime Commission; and

 

            WHEREAS, the various counties, communities, and agencies within those jurisdictions desire to make the most efficient use of the power by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner pursuant to forms of governmental organization that will accord best with geographic, economic, populations, and other facts; and

 

            WHEREAS, an interlocal agreement, consistent with Nebraska Revised Statutes 13-801 et.seq, would be in the best interest of all participating agencies; and

 

            WHEREAS, the agencies desire to enter into a written interlocal agreement for the purposes of carrying out the RAP objectives and grant requirements of the Nebraska Crime Commission.

 

            BE IT RESOLVED THAT, The Fillmore County Board of Supervisors authorizes William L. Burgess to enter Fillmore County into an interlocal agreement for joint and cooperative action pursuant to the provisions of Section 13-801 through 13-807 of Nebraska Revised Statutes.  The interlocal agreement shall be for the strict administration of the RAP project and all funds allocated by the Nebraska Crime Commission, and Match dollars allocated by the RAP members.  Further, this interlocal agreement shall not establish a separate legal entity, rather a joint and cooperative undertaking between public agencies i.e. state, county, city, and village. (Nebraska Revised Statute 13-801)

 

            Amount of match dollars allocated by the Fillmore County Board of Supervisors for the 2005-2006 grant period (RAP 15) will be $3,551.50.

 

            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.

 

COURTHOUSE AIR CONDITIONING

 

            After discussion, Yates moved and Cerny seconded the motion to approve the repairs of the air conditioning unit and to have Central Nebraska Refrigeration, Inc. do the repairs.  The bid of $43,217.18 includes a chiller unit, filter/driers, refrigerant, fittings, nitrogen, freight, trip charge, labor, and a five year warranty on parts and labor on the indoor compressor unit.  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.

 

EXPERIENCE WORKS

 

            After discussion, the Board decided to ask Experience Works to make a presentation to the Board.  After that presentation, they would decide if they would like to be a Host Agency for Experience Works.

 

911 COMMUNICATIONS TOWER GENERATOR

 

            Emergency Manager, Terry Marshall asked the Board if he could have a contractor look at the two generator options that we have for the 911 Communications Tower to determine what the need is and which one would be the best option for the County.  The Board authorized Terry to have two different options on the generators and to get a dollar amount as to much it would cost to get generator operational.

 

VACATION FOR EMERGENCY MANAGER

 

            Emergency Manager, Terry Marshall requested from the Board that his vacation from 2004-2005 be carried over into this fiscal year. 

 

            After discussion, Simacek moved and Yates seconded the motion to allow Terry to carry over 32 hours of his unused vacation time and the rest would be lost.  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.

 

EMERGENCY DECLARED TO ADD ITEM TO AGENDA

 

            At the request of the Planning & Zoning Administrator Gerald Slezak, Galusha moved and Capek seconded the motion to declare an emergency in order to add an item to the agenda, said item to correct name of Saltzman First Subdivision.  Upon roll call, the vote was as follows:

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

Nays: Yates

 

            The Chairman declared the motion carried.

 

RENAMING OF SALTZMAN FIRST SUBDIVISION

 

            Planning & Zoning Administrator, Gerald Slezak submitted the name change from Saltzman First Subdivision to Gary Saltzman Subdivision, located in the NE ¼ of Section 11-5-4, Bryant Township.

 

            Capek moved and Galusha seconded the motion to approve the renaming of the Saltzman First Subdivision to Gary Saltzman Subdivision.  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.

 

JUVENILE DIVERSION PROGRAM LB640 FUNDS

 

            After discussion, Simacek moved and Cerny seconded the motion to approve and sign the application to receive LB640 funds for the Juvenile Diversion Program.  LB640 funds are in the amount of $6,546.00 with a county match of $2,618.00.  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.

 

ADJOURNMENT

 

            Agenda items “Sick & Vacation Time, Appointment to Blue Valley Joint Housing Authority and Alltel concerning costs for implementing Call Routing for 911 Center” were 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. October 11, 2005.

 

_____________________________________                 ____________________________________________

Attest                                                                           Chairman