October 25, 2005

The Fillmore County Board of Supervisors convened in open and public session at 9:00 a.m., October 25, 2005, in the Courthouse Boardroom in Geneva, Nebraska with Chairman Kimbrough presiding. Members present were Cerny, Simacek, Yates, Galusha, and Mueller. Capek was absent. 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 5:05 p.m.

MINUTES

Yates moved and Simacek seconded the motion to approve the minutes of the October 11^th regular meeting of the Board. Upon roll call, the vote was as follows:

Ayes: 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
A-1 Body & Glass	Rep	$713.28
Howard F. Ach, Atty	Sup	5.01
Alltel	Uti	335.38
Ameritas Life Insurance Corp.	Ret	3,791.60
Aramark Uniform Services, Inc.	Ser	293.75
Associated Anesthesiologists, PC	Ser	406.00
Joseph N. Bixby DR.	Court Appointed Counsel	120.00
Century Lumber Center – Geneva	Sup	17.20
Chaney Chemical, Inc.	Sup	252.00
Marilyn Christiancy	Ret	25.00
City of Geneva	Rent	440.00
Duckwall – Alco Stores, Inc.	Sup	7.50
Dugan Business Forms	Sup	305.47
Eakes Office Plus	Sup	283.22
Julie Effenbeck	Ser	266.50
Evercom	Sup	140.00
Fillmore County Court	Sup	2.75
Fillmore County Hospital	Ser	135.00
Fillmore County Treasurer	Post, Ad, Sup, Transfers	191,710.51
The Garbage Co. Inc.	Ser	101.51
Geneva State Bank	Ser	25.00
Geneva State Bank	SS	4,421.66
Geneva Super Foods	Sup	121.18
Norma Gregory	Ret	25.00
Hairworks	Ser	15.00
Holiday Inn	Lodging	185.85
Hometown Leasing	Ser	374.00
JEO Consulting Group, Inc.	Ser	290.00
Jim’s Repair	Rep	412.14
Kalkwarf & Smith Law Offices, LLC	Ser, Post, Misc	2,599.41
Kelch Plumbing, Heating & Refrigeration, Inc.	Rep, Sup	123.16
Kerry’s Auto Repair & Service	Rep	385.95
Stephen J. Kraviec	Ser, Post	1,585.49
Lease Consultants Corporation	Ser	249.00
Ann H. McDonald	Ret	18.00
Microfilm Imaging Systems, Inc.	Ser	100.00
Mid America Vision Center	Ser	176.00
National Association of Counties	Dues	380.00
Nebraska LabLinc	Ser	55.00
Nebraska National Bank	Ser	187.59
Nebraska Public Power Dist	Uti	1,746.46
NE Technology & Telecommunications, Inc.	Uti	1,190.82
Nebraska Law Enforcement Training Center	Ser	5.00
Amy Nelson	Post, Mile	122.40
Mary Novak	Mile, Reg., Post	115.97
Omaha Executive Inn & Suites	Lodging	1,305.00
Ramada Inn	Lodging	30.00
Secretary of State Rules & Regulations	Misc	20.00
State of NE, Dept. of Admin. Services	Ser	50.97
Barbara L. Stephenson	Sup	69.99
University of NE – Lincoln Schmid Law Library	Research	7.50
UN-L IS-Telecommunications	Uti	22.99
Weaver Pharmacy	Sup	532.69
Payroll	Salaries	62,806.62
ROAD & BRIDGE FUND
Ameritas Life Insurance Corp	Ret	1,570.94
Barbo Municipal Products	Sup	155.29
Dollar General	Sup	7.00
Dorchester Farmers Coop	Fuel	1,692.88
Fillmore County Treasurer	Background check	20.00
Gambles	Sup	39.59
The Garbage Company	Uti	48.89
Geneva State Bank	SS	1,748.59
Ralph Gould	Ret	18.00
Grafton Mini Mart	Fuel	70.02
Grafton Oil	Fuel	1,169.92
Donovan Jirkovsky	Ret	25.00
Lichti Bros. Oil	Fuel	5,022.23
Jerry Lukes	Lodging, Fuel, Meal	222.61
Metal Culverts	Culverts	4,693.28
Nebraska Machinery	Parts, Sup, Equip	156,789.86
Nebraska Public Power	Uti	242.78
Nebraska Tech & Telecomm. Inc.	Uti	111.95
Nelson Petroleum Company	Fuel	1,204.86
Newman Traffic Signs	Signs	348.80
Omaha Executive Inn & Suites	Lodging	87.00
Speece Lewis Engineers	Ser	3,100.00
Superior Deshler, Inc.	Fuel	101.66
US Postal Service	Post, Sup	210.85
Universal Lubricants, Inc.	Sup	218.70
Village of Exeter	Uti	49.75
Village of Shickley	Uti	209.16
Payroll	Salaries	24,096.86
ECONOMIC DEV – TOURISM
Bubba & Anytime Strang Café	Misc	25.00
MEDICAL/RELIEF FUND
Weaver Pharmacy	Sup	275.41
INSTITUTIONS
State of NE Health & Human Services System	Sept. Patient Care	453.00
SENIOR SERVICES
Ameritas Life Insurance Corp	Ret	275.03
Dawg’s Smokehouse Café	HDM’s	140.00
Exeter Care Center	HDM’s	220.50
Exeter Golden Agers	August USDA, 2^nd Qtr. LAAA	307.00
Fairmont Aging Services	August USDA, 2^nd Qtr. LAAA	1,817.57
Fillmore County Treasurer	Post	148.00
Geneva Senior Center	August USDA, 2^nd Qtr. LAAA	2,718.24
Geneva State Bank	SS	346.99
Payroll	Salaries	4,577.42
INHERITANCE TAX
Fillmore County Treasurer	Transfers	15,000.00
KENO FUND
Fillmore County Treasurer	Keno 3^rd Qtr. Return	1,240.61
NOXIOUS WEED FUND
Ameritas Life Insurance Corp	Ret	164.86
Gaylord Cradduck	Mile	27.54
Geneva State Bank	SS	211.34
Frances Heinrichs	Mile	44.03
Tim Schepers	Mile	12.96
Payroll	Salaries	2,952.40
E911 COMMUNICATIONS CENTER
Alltel Communications	Uti	1,062.06

CLAIMS APPROVAL

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

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

Nays: None

The Chairman declared the motion carried.

SECTION 125

Jill Johnson, Sales Representative from First Concord Benefits Group, LLC gave a presentation to the Board. First Concord offers website access to account balance information and claim forms, 24-hour toll free account balance information, weekly claims processing, and automatic deposit. Jill explained the cost is $3.00 per employee per month, and the Nebraska Association of County Officials pays 50% of that charge with Blue Cross/Blue Shield medical plan. First Concord offers the same benefits as our current carrier Assurity Life Insurance Company. Currently Assurity is charging $6.00 per employee per month; this would be a cost savings to the County.

After discussion, Yates moved and Mueller seconded the motion to move the Section 125 benefit from Assurity Life Insurance Company to First Concord Benefits Group, LLC. Upon roll call, the vote is as follows:

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

Nays: None

The Chairman declared the motion carried.

DRIVEWAY PERMITS

Cerny moved and Simacek seconded the motion to approve the following driveway permits:

Jean Lovegrove – to combine two (2) 20’ driveways into one 40’ driveway on the north side of the NE ¼, Section 19-6-2, Chelsea Township;

TMT Swartzendruber – to install a new driveway on the south side of the SE ¼, Section 20-5-3, Hamilton Township;

BJ Mussman – to install a new driveway on the east side of the NE ¼, Section 18-5-1, Franklin Township.

Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the motion carried.

DITCH CLEANING PERMIT

Yates moved and Galusha seconded the motion to approve the following application for a permit to clean silt from a road ditch:

TMT Swartzendruber – to clean silt from a ditch adjoining the east side of the SE ¼, Section 20-5-3, Hamilton Township

Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the motion carried.

OCCUPY COUNTY RIGHT-OF-WAY

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

Louis Svec – to bury 8” irrigation pipe and electrical line between the E ½ SE ¼, Section 10-6-1 to S1/2 SW ¼, Section 11-6-1, Glengary Township. Louis Svec agrees to restore the public roads to the same condition as it was prior to the work, and will accomplish such restoration to the reasonable satisfaction of the Fillmore County Officials.

Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the motion carried.

LUBRICATING OIL LETTING

Bids for Equipment Lubricating Oils were opened at 10:00 a.m. The following bids were received (all prices are per gallon):

Company 10W30 10W 15W40 30W Gear Oil Analysis

Engine Oil Hydraulic Diesel Engine Transmission Kit

Oil Oil Oil

Grafton Oil $5.95 $4.71 $4.71 $6.09 $5.71 $8.50 Each

Stern Oil Co. $6.05-Drum $7.54-Drum $7.98-Drum $8.05-Drum $9.67-Drum $760.00 per 100

5W30 - $6.13 $6.83-Bulk $6.91-Bulk $8.62-Bulk

Lichti Bros. $6.44 $6.38 $6.33 $7.12 $7.58 $17.50 Each

Universal

Lubricants, Inc. $5.25 $5.84 $5.57 $6.46 $6.00 Included in Price

Trac Gard Diesel Hyd. Oil (John Deere) $5.84

Aurora Coop $6.78 $6.87 $6.99 $6.89 $7.05

Grease – 35lbs. $60.00 / Per tube $1.90

Elmer Hessheimer will review the bids and have a suggestion at a later Board meeting.

HEARING TO VACATE COUNTY RIGHT-OF-WAY, SECTION 25-7-1

A public hearing was opened at 10:32 a.m. concerning the vacant county R. O. W. in the SW Section of 25-7-1, in Liberty Township. The public hearing was left open until 1:00 p.m. and no one appeared to testify at the hearing.

DISCUSSION OF ROAD G, WITH GENEVA TOWNSHIP

Larry Biester, Charlie Allgood, and James Oberlander, Geneva Township Board members presented a letter to the Board. Geneva Township Board members would like to see the west ½ of Road G left open, more discussion regarding this road after the public hearing.

SELLING COUNTY RIGHT-OF-WAY

After discussion, Mueller moved and Galusha seconded the motion to sell the county R. O. W. in the SW Section of 25-7-1, Liberty Township on November 22, 2005 at 10:30 a.m. in the Boardroom of the Fillmore County Courthouse. Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the motion carried.

ENGINEERING AGREEMENT FOR NORMAL FIELD SURVEY, GRADING & CULVERT PLANS,

R.O.W. PLANS, PAVING PLANS, BID DOCUMENTS & SPECIFICATIONS AND PERMIT APPLICATIONS

After discussion, Yates moved and Simacek seconded the motion to approve and sign the engineering agreement with Speece-Lewis for normal field survey, grading & culvert plans, R. O. W. plans, paving plans, bid documents & specifications and permit applications. The legal description of this agreement begins at the South ¼ corner of Section 36-T8N-R3W; thence east 0.5 miles (0.5 mile west and 1/75 miles south of Fairmont, Nebraska) and U. S. Highway 81 Deceleration Lanes beginning at the southeast Corner of Section 36-T8N-R3W, thence north and south 0.3 miles±. Upon roll call, the vote was as follows:

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

Nays: None Abstaining due to conflict of interest: Cerny

The Chairman declared the motion carried.

ENGINEERING AGREEMENT FOR CONSTRUCTION STAKING & CONSTRUCTION OBSERVATION

After discussion, Galusha moved and Mueller seconded the motion to approve and sign the engineering agreement with Speece-Lewis for construction staking and construction observation of the Fairmont Southwest Project 36-8-3 (0.5 miles) and Highway U.S. 81 Deceleration lanes (0.6 miles±) with the proposed ethanol plant being built by Advanced BioEnergy, LLC proceeds. Upon roll call, the vote was as follows:

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

Nays: None Abstaining due to conflict of interest: Cerny

The Chairman declared the motion carried.

WEST ½ OF ROAD G, BETWEEN ROAD 12 & HWY 81

After discussion, Simacek moved and Galusha seconded the motion to accept the report of the Highway Superintendent, Elmer Hessheimer and set the public hearing date of November 22, 2005 at 10:45 a.m. on the closing of the west ½ of Road G, between Road 12 and Highway 81. Upon roll call, the vote was as follows:

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

Nays: None Abstaining due to conflict of interest: Cerny

The Chairman declared the motion carried.

SURPLUS ITEMS

Yates moved and Mueller seconded the motion to approve the following items as surplus: 1 – Royal Typewriter, 1 – Gateway PII-266 Computer, 1 – Wyse Terminal, 1 – Epson LX Printer, 1 – Tripp Lite UPS battery backup, 1 – P3-450 PC Tower, 4 – sets of speakers, 1 – IBM 310 Server, 1 – Wyse Monitor, 1 – Windows NT3.5 software, 1 – PC Anywhere 9 software, 1 – MS Office 97 software, 1 – IBM P3-450 Computer, 1 – tower case, 2 – 3 M monitor filters, 1 – AMD PC Computer, 1 – P3-450 Tower Computer, 1 – fax/modem, 1 – SuperCalc software, 1 – HP Laserjet 1100, 1 – HP Vectra Computer, 1 – Gateway E-3200 Computer, 1 – Royal 425 Typewriter, 1 – HP 4 Laser Jet Printer, 1 – Sharp SF2022 Copier, 1 – office chair, 1 – 1997 Dodge Spirit Car, 1 – GE Telephone w/answering machine, 1 – Panasonic Telephone, 1 – Casio DR1011 Calculator, 1 – Canon Fax/Phone, 1 – IBM Typewriter, 1 – SR1000 Typewriter, 2 – typewriting tables on rollers, 2 – HP 612C DeskJet printers, 1 – 2002 Crown Victoria Car, 1 – Micropro PC Server, 2 – sets View Sonic speakers, 1 – Okida 320 Printer, 1 – Hays Fax/Modem, 1 – HP Jet Drive, 1 – Sysgen Easy Floppy, and 1 – IBM Computer. Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the motion carried.

CLOSE PUBLIC HEARING

Mueller moved and Yates seconded the motion to close the public hearing on the County R. O. W. in Section 25-7-1, Liberty Township, with no one appearing to testify. Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the motion carried.

PUBLIC HEARING FOR CDBG BLOCK GRANT

The public hearing was opened at 1:00 p.m. concerning the application to the Nebraska Department of Economic Development for a Community Development Block Grant. Advanced BioEnergy, LLC represents a start-up ethanol manufacturing facility. They are requesting a Community Development Block Grant for Public Works that will enable the County to construct a paved road that intersects US Highway 81 on the East and runs west to the plant entrance. The funding will result in the creation of 37 fulltime equivalent positions of which 51% will be held by, or made available to low to moderate-income persons. Stew Jobes from the Nebraska Department of Economic Development and Dave Taladay from the Southeast Nebraska Development District were present to answer any questions.

COMMUNITY DEVELOPMENT BLOCK GRANT

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

RESOLUTION 2005-37

A resolution to authorize the County Board Chairperson to apply for a Community Development Block Grant, and to execute any relevant documents referencing the Advanced BioEnergy, LLC project.

WHEREAS, the County of Fillmore, Nebraska is an eligible local government authorized to file an application under the Housing and Community Development Act of 1974 as Amended for Small Cities Community Development Block Grant Program, and,

WHEREAS, the County has obtained its citizen’s comments on community development and housing needs; and has conducted public hearing(s) upon the proposed application, and received favorable public comment respecting the application in the amount of $356,000 for construction of a concrete paved roadway and grant administration costs, and

NOW THEREFORE, BE IT RESOLVED BY, the County Board of Supervisors of the County of Fillmore, Nebraska that the County Board Chairperson be authorized and directed to proceed with the formulation of any and all contracts, documents, or other memoranda between the County of Fillmore, Nebraska and the Nebraska Department of Economic Development so as to effect acceptance of the grant application.

Upon roll call, the vote was as follows:

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

Nays: None Abstaining due to conflict of interest: Cerny

The Chairman declared the resolution adopted.

PROCUREMENT PROCEDURES AND CODE OF CONDUCT

Simacek moved and Mueller seconded the motion to approve procurement procedures to professional services, construction services and materials needed for the Community Development Block Grant (CDBG) programs and the code of conduct that shall govern the performance of the elected or appointed officials, or member of any board or commission, employees, or agents of the County of Fillmore, Nebraska engaged in the award and administration of contracts supported by Federal funds under the CDBG. Upon roll call, the vote was as follows:

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

Nays: None Abstaining due to conflict of interest: Cerny

The Chairman declared the motion carried.

POLICY ON DISCRIMINATION

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

RESOLUTION 2005-38

A resolution to adopt a policy opposing discrimination in the acquisition, ownership, possession or enjoyment of housing; to assist aggrieved persons in filing complaints by providing certain information.

BE IT RESOLVED, by the Board of Supervisors of the County of Fillmore County, Nebraska, that:

1. It shall be the policy of the Governing Body to oppose discriminating practices on the basis of race, color, religion, national origin, handicap, familial status or sex in the acquisition, ownership, possession or enjoyment of housing in accordance with the Nebraska Fair Housing Act and Article 1, Section 25, of the Constitution of the State of Nebraska; and

2. It shall be the policy of the Governing Body to assist aggrieved persons in filing complaints in regards to discriminatory housing practices by providing information on the Nebraska Fair Housing Act and the Nebraska Equal Opportunity Commission.

Passed and approved by the Board of Supervisors of Fillmore County, Nebraska, the 25^th day of October, 2005.

Upon roll call, the vote was as follows:

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

Nays: None Abstaining due to conflict of interest: Cerny

The Chairman declared the resolution adopted.

POLICY PROHIBITING EXCESSIVE USE OF FORCE

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

RESOLUTION 2005-39

WHEREAS, the County of Fillmore County, Nebraska has been awarded a Community Development Block Grant (CDBG) through the State of Nebraska Department of Economic Development (DED) for community revitalization, and

WHEREAS, a condition of the CDBG Program requires the Chairman to certify to the DED that the County has adopted and will enforce a policy to prohibit the use of excessive force by law enforcement agencies within its jurisdiction against any individual engaged in non-violent civil rights demonstrations,

NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Fillmore County, Nebraska, that the following policy prohibiting excessive use of force against non-violent civil rights demonstrators is hereby adopted:

No member of any law enforcement agency under the jurisdiction of the Fillmore County Board of Supervisors shall use excessive force against any individual engaged in non-violent civil rights demonstrations. Force shall be deemed excessive when the amount of force utilized under the circumstances is greater than that warranted. In determining whether the amount of force utilized is warranted, the following factors shall be considered:

1. the need for the application of force;
2. the relationship between the need and the amount of force used;
3. the extent of the injury inflicted; and
4. whether force was applied in good faith, in an effort to maintain or restore order, or maliciously and sadistically for the purpose of causing harm.

Passed and approved by the Board of Supervisors of Fillmore County, Nebraska, the 25^th day of October, 2005.

Upon roll call, the vote was as follows:

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

Nays: None Abstaining due to conflict of interest: Cerny

The Chairman declared the resolution adopted.

CITIZEN PARTICIPATION PLAN

Galusha moved and Yates seconded the motion to approve the Citizen Participation Plan for the Community Development Block Grant Project. All citizens are encouraged to participate in the assessment of community issues, problems and needs, the identification of potential solutions and priority to such issues, problems and needs. Upon roll call, the vote was as follows:

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

Nays: None Abstaining due to conflict of interest: Cerny

The Chairman declared the motion carried.

RESIDENTIAL ANTIDISPLACEMENT AND RELOCATION ASSISTANCE PLAN

Yates moved and Mueller seconded the motion to approve the Residential Antidisplacement and Relocation Assistance Plan. This plan would replace all low/moderate-income dwelling units demolished or converted to a use other than as low/moderate-income housing as a direct result of activities assisted with Community Development Block Grant (CDBG) funds provided under the Housing and Community Development Act of 1974, as amended. Upon roll call, the vote was as follows:

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

Nays: None Abstaining due to conflict of interest: Cerny

The Chairman declared the motion carried.

CLOSE PUBLIC HEARING

With no one appearing to testify, the public hearing on the Community Development Block Grant hearing was closed at 1:46 p.m.

MOSIER SUBDIVISION

Planning and Zoning Administrator, Gerald Slezak submitted the plat for the Mosier Subdivision, located in the NE ¼ of Section 16-5-3, Hamilton Township.

Cerny moved and Yates seconded the motion to approve the plat of the Mosier Subdivision as follows:

A tract of land located in the NE ¼ of Section 16-T5N-R3W, of the 6^th P.M., Fillmore County, Nebraska, described as follows: commencing at the SE corner of the NE ¼; thence N00’00’00”E (Assumed Bearing) on the east line of said NE ¼, 169.00 feet to the point of beginning; thence N90’00’00”W, 247.00 feet; thence N00’00’00”E parallel with the east line of said NE ¼, 178.00 feet; thence N90’00’00”W, 99.00 feet; thence N00’00’00”E parallel with the east line of said NE ¼, 187.00 feet; thence N69’24’28”E, 369.62 feet to the east line of said NE ¼, thence S00’00’00”W on said east line, 495.00 feet to the point of beginning, containing 3.01 acres more or less.

Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the motion carried.

BOARD OF EQUALIZATION

At the request of the County Assessor, Yates moved and Simacek seconded the motion to go into session as the Fillmore County Board of Equalization at 3:00 p.m. Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the motion carried.

TAX CORRECTIONS

Mueller moved and Cerny seconded the motion to approve Tax Corrections 30-04, 31-04, and 32-04 as presented by the County Assessor. Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the motion carried.

APPROVE LEVIES SET BY OTHER COUNTIES

Cerny moved and Yates seconded the motion to approve the list of levies from other counties as presented by the County Clerk:

School Districts:

Sutton School Dist. #2 General Fund 1.096299

Special Building 0.036173

TOTAL 1.132472

Davenport/Bruning Unified Dist. #47 General Fund 0.945001

Friend Dist. #68 General Fund 1.190000

Bond Fund 0.077815

Special Building 0.010000

TOTAL 1.277815

McCool Jct. School Dist. #83 General Fund 1.240690

Special Building 0.020340

TOTAL 1.261030

Bruning/Davenport Unified Dist. #94 General Fund 0.945001

Strang/Bruning Affiliated 36/94 General Fund 0.945001

Heartland School Dist. #96 General Fund 1.061290

Meridian School Dist. #303 General Fund 1.119296

Fire Districts:

Bruning Fire District General Fund 0.015083

Sinking Fund 0.021021

TOTAL 0.036104

Sutton Fire District General Fund 0.017726

Ambulance 0.020031

Bond Fund 0.003545

TOTAL 0.041302

Upper Big Blue NRD General Fund 0.038326

Little Blue NRD General Fund 0.028642

ESU #5 General Fund 0.015000

ESU #6 General Fund 0.015605

ESU #9 General Fund 0.015432

Southeast Community College General Fund 0.064100

Capital Improvement 0.005500

TOTAL 0.069600

Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the motion carried.

RETURN TO REGULAR SESSION

Simacek moved and Cerny seconded the motion to adjourn as Board of Equalization and return to regular session of the Fillmore County Board of Supervisors at 3:05 p.m. Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the motion carried.

NIMS TRAINING

Emergency Manager, Terry Marshall informed the Board that the NIMS Training would be on December 13^th, with more information to follow at a later date.

AIR CONDITIONING CONCERNS

Jerry Berggren, Architect and Ron Geary, Project Manager for the renovations of the Courthouse addressed the Board with their concerns regarding the air conditioning problems. Jerry and Ron will be following up on the questions and concerns of the Board.

PRESCRIPTION DISCOUNT CARD

Mueller moved and Cerny seconded the motion to approve the proof for the Fillmore County Prescription Discount Card. Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the motion carried.

PAY PERIODS

After discussion, Galusha moved and Cerny seconded the motion effective January 1, 2006 to change pay periods to every two weeks instead of semi-monthly or monthly, and to install time clocks in the Courthouse and Road Dept. for all hourly employees, other employees will use hand written time cards where necessary. Upon roll call, the vote was as follows:

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

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. November 8, 2005.

_________________________________________ ___________________________________________

Attest Chairman