November 22, 2005
The Fillmore County Board of
Supervisors convened in open and public session at 9:00 a.m., November 22,
2005, in the Courthouse Boardroom in
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
MINTUES APPROVED WITH
CORRECTIONS
Simacek moved and Mueller seconded
the motion to approve the minutes of the November 8th regular
meeting, with the following corrections:
employee recognition dinner is January 13, 2006, not 2007 and the
possible bond with Edward Jones Investments is for the east ½ of Road, between
Road 12 and Hwy.81 and not the west ½ of Road G. 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.
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 |
$631.86 |
Ameritas
Life Insurance Corp. |
Ret |
4,129.32 |
Aramark
Uniform Services, Inc. |
Ser |
234.93 |
B & J
Automotive |
Rep |
10.31 |
CDW Government,
Inc. |
Equip |
980.00 |
Marilyn
Christiancy |
Ret |
25.00 |
City of |
Rent |
440.00 |
Des
Moines Stamp Manufacturing Co. |
Sup |
79.90 |
Drummond
American Corp. |
Sup |
109.89 |
Duckwall
– Alco Stores, Inc. |
Sup |
16.52 |
Eakes
Office Plus |
Sup |
1,369.04 |
Earl’s
Window Service |
Ser |
4.00 |
Fillmore |
Titles |
20.00 |
|
Ser |
146.00 |
|
Fees |
854.38 |
|
Post,
Wksh, Sup, Transfers |
10,534.22 |
Galls |
Sup |
246.12 |
The
Garbage Co., Inc. |
Ser |
101.51 |
Garrett
Griess Graphic Design & Web Design |
Ser |
29.07 |
Geneva
State Bank |
Ser |
25.00 |
Geneva
State Bank |
SS |
4,859.06 |
|
Sup |
92.10 |
Graphic
Screen Printing |
Sup |
72.00 |
Norma
Gregory |
Ret |
25.00 |
Frederick
D. Hathaway MD, P.C. |
Ser |
1,589.60 |
Hilty’s
of |
Sup |
1,262.55 |
Hometown
Leasing |
Ser |
374.00 |
Kerry’s
Auto Repair & Service |
Rep |
543.19 |
Stephen
J. Kraviec |
Ser, Post |
1,578.05 |
Lease
Consultants Corp. |
Ser |
249.00 |
Lincoln
Area Agency on Aging |
Budget
request |
7,177.00 |
|
Sup |
29.70 |
Ann H.
McDonald |
Ret |
18.00 |
Microfilm
Imaging Systems, Inc. |
Ser |
100.00 |
|
Ser |
545.00 |
|
Rep |
150.00 |
MIPS/County
Solutions, LLC |
Ser |
1,910.55 |
Naber’s
Repair Service |
Rep |
85.00 |
|
Sup |
82.00 |
|
Ser |
95.00 |
Nebraska
National Bank |
Ser |
187.59 |
|
Uti |
863.98 |
Nebraska
State Bar Assoc. |
Dues |
320.00 |
Nebraska
Technology & Telecommunications, Inc. |
Uti |
1,199.06 |
|
Sup |
45.80 |
|
Rep |
58.49 |
Region V
Systems |
EPC |
3,740.00 |
Seiler
& Parked, P. C. |
Court
Appointed Atty. |
1,040.07 |
State of
Nebraska-Dept. of Admin. Services |
Ser |
46.76 |
State of
Nebraska-Dept. of Correctional Services |
Boarding
Prisoners |
4,661.26 |
|
Sup |
10.00 |
UN-L
IS-Telecommunications |
Uti |
23.36 |
Weather
Tap |
Sup |
184.80 |
Weaver
Pharmacy |
Sup |
402.50 |
Bob
Williams |
Ser |
71.60 |
|
Ser |
3.50 |
York
County Sheriff’s Office |
Boarding
Prisoners |
1,265.00 |
|
Ser |
229.00 |
Payroll |
Salaries |
67,932.29 |
|
|
|
ROAD & BRIDGE FUND |
|
|
Ameritas
Life Insurance Corp. |
Ret |
1,574.75 |
Business
World Products, Inc. |
Ser |
29.25 |
Casey’s
General Stores, Inc. |
Fuel |
277.47 |
Contech
Construction Products |
Culverts |
4,089.60 |
|
Fuel,
Sup, Rep |
7,004.03 |
Drummond
American |
Sup |
142.48 |
The
Garbage Company |
Ser |
48.89 |
Geneva
State Bank |
SS |
1,887.09 |
Ralph
Gould |
Ret |
18.00 |
Grafton
Oil, Inc. |
Fuel |
998.97 |
Elmer
Hessheimer |
Misc. |
12.50 |
Jill’s
Sweet Shop |
Sup |
19.26 |
Donovan
Jirkovsky |
Ret |
25.00 |
Lichti
Bros. Oil Company |
Fuel |
1,217.15 |
Metal
Culverts, Inc. |
Culverts |
14,444.62 |
|
Equip |
764.78 |
Nebraska
Machinery Company |
Parts |
424.99 |
Nebraska
Public Power District |
Uti |
168.88 |
|
Uti |
109.81 |
Nelson
Petroleum |
Fuel |
8,945.00 |
R. D.
Scooter Franck Electric |
Rep |
67.85 |
Donna
Saltzman |
Ser |
25.00 |
Speece
Lewis Engineers |
Fees |
4,580.00 |
Superior
Deshler, Inc. |
Fuel |
129.28 |
Universal
Lubricants, Inc. |
Parts,
Sup |
1,361.45 |
USIS
Commercial Services |
Ser |
59.80 |
|
Uti |
15.00 |
Weaver
Pharmacy |
Misc. |
34.22 |
Payroll |
Salaries |
25,907.53 |
|
|
|
MEDICAL/RELIEF FUND |
|
|
|
Ser |
73.13 |
|
|
|
INSTITUTIONS |
|
|
State of |
Patient
Care – Oct. |
669.00 |
|
|
|
SENIOR SERVICES |
|
|
Ameritas
Life Insurance Corp. |
Ret |
275.03 |
Dawg’s
Smokehouse Café |
HDM’s |
196.00 |
Duckwall-Alco |
Sup |
39.27 |
|
Sup |
29.96 |
Geneva
State Bank |
SS |
359.70 |
Susan
Kerl |
Ser |
156.00 |
Jeannie
Krejci |
Ser |
156.00 |
Elizabeth
Mattox Manning |
Ser |
156.00 |
Ron’s
Tavern |
HDM’s |
168.00 |
Payroll |
Salaries |
4,743.38 |
|
|
|
INHERITANCE TAX |
|
|
Central
Nebraska Refrigeration, Inc. |
Rep |
2,000.00 |
Erdkamp
Motors |
Van |
15,600.00 |
|
|
|
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
Communications |
Ser |
1,061.84 |
|
|
|
CLAIMS APPROVED
Mueller moved and Yates seconded the
motion to approve the claims as presented.
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.
OHIOWA RURAL FIRE
DISTRICT BOND
Capek moved and Yates seconded the
motion to approve the bond for Brock Domeier as Secretary/Treasurer of the Ohiowa
Rural Fire District for $10,000.00 for his appointment, with an expiration date
of July 1, 2006. 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.
Yates moved and Simacek seconded the
motion to approve the bond for James White as Secretary/Treasurer of the Geneva
Rural Fire Protection District for $5,000.00 for his appointment, with an
expiration date of November 1, 2006.
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.
DRIVEWAY PERMITS
Cerny moved and Mueller seconded the
motion to approve the following driveway permits:
Valerie Gemar – to widen existing
driveway at the west corner of the NW ¼, Section 27-7-3 and to move an existing
driveway on the north side of the NW ¼, Section 27-7-3 from the middle of the
quarter to the east edge of the quarter in Geneva Township;
William P. Sheridan – to widen two
existing driveways on the east side of the NE ¼, Section 32-7-4, to remove two
driveways and add a driveway in the middle of the NE ¼, Section 32-7-4, Bennett
Township;
Madeline R. Courtney Estate – to
install a new 35’ to 40’ driveway on the south side of the SE ¼, Section
25-5-2, Belle Prairie Township;
Edna A. Capek – to install a new 35’
driveway on the south side of the S ½ of the SE ¼, Section 14-6-2, Chelsea
Township;
Stanley Schelkopf – to install two
new 40’ driveways on the west side of the NW ¼, Section 34-6-3 and to remove a
driveway at the northwest corner of the NW ¼, Section 34-6-3, and to install a
culvert in existing driveway on the north side of the NW ¼, Section 34-6-3,
Stanton Township.
Upon roll call, the vote was as
follows:
Ayes:
Yates, Simacek, Kimbrough, Cerny, Mueller, and Galusha
Nays: None Abstaining due to conflict of
interest: Capek
The Chairman declared the motion
carried.
DITCH CLEANING PERMITS
Yates moved and Galusha seconded the
motion to approve the following applications for a permit to clean silt from a
road ditch:
O’C & O’C, Inc. – to clean silt
from a ditch adjoining the north side of the road of the NE ¼, Section 6-8-3,
West Blue Township;
O’C & O’C, Inc. – to clean silt
from a ditch adjoining the south side of the road of the SW ¼, Section 8-8-3,
West Blue Township.
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.
OCCUPY
Simacek moved and Capek seconded the
motion to approve the following permits to occupy county right-of-way:
George Cook Jr. – to bury electric
line between the SE ¼, Section 27-7-3 and the SW ¼, Section 26-7-3, Geneva
Township. George Cook Jr. agrees to
restore the public road 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.
Stephanie Petska – to bury electric
line between the SE ¼, Section 22-7-3 to the NE ¼, Section 27-7-3, Geneva
Township. Stephanie Petska agrees to
restore the public road 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.
John Hoarty – to bury electric line
between the SW ¼, Section 9-7-3 and the SE ¼, Section 8-7-3, Geneva
Township. John Hoarty agrees to restore
the public road 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:
Simacek, Kimbrough, Cerny, Mueller, Galusha, Capek, and Yates
Nays: None
The Chairman declared the motion
carried.
LUBRICATING OIL
Grafton Oil’s bid included providing
bulk storage containers, pumps, and any etc. items.
ROAD GRADING
Bids for both road grading lettings
were opened at 10:00 a.m. The following
bids were received:
E ½ Mile of Road G, between Road 12
and Hwy. 81
Contractor Start Date End Date Total
Bid Project tied to 1x12
Van Kirk Bros. Construction 12/05/2005 12/31/2005 $105,531.92 No
LeGrande Excavating 12/05/2005 12/30/2005 $ 89,859.98 No
Road H, between Road 12 and Hwy. 81
Contractor Start Date End Date Total Bid Project
tied to
Southwest
Van Kirk Bros. Construction 12/19/2005 12/31/2005
$ 19,000.00
No
ROAD H GRADING LETTING
DECISION
After discussion, Simacek moved and
Galusha seconded the motion to award the road grading letting for Road H,
between Road 12 and Hwy. 81 to Geneva Engineering, Inc. Upon roll call, the vote was as follows:
Ayes:
Kimbrough, Mueller, Galusha, Capek, Yates, and Simacek
Nays: None Abstaining due to conflict of
interest: Cerny
The Chairman declared the motion
carried.
COUNTY TO MAINTAIN
ROAD H
After discussion, Yates moved and
Mueller seconded the motion to have
Ayes:
Mueller, Galusha, Capek, Yates, Simacek, and Kimbrough
Nays: None Abstaining due to conflict of
interest: Cerny
The Chairman declared the motion
carried.
PUBLIC SALE OF TRACT
OF LAND IN SECTION 25-7-1,
Bids for the sale of a tract of land
located in the SW ¼ of Section 25-T7N-R1W, of the 6th Principal
Meridian,
SELLING TRACT OF LAND
IN SEC. 25-7-1,
With only one bidder, the bidding
was closed at 10:40 a.m.
Mueller moved and Yates seconded the motion to accept Glenn
Kovanda’s bid of $1.00 for the above described property in the SW ¼ of Sec.
25-7-1,
Ayes:
Mueller, Galusha, Capek, Yates, Simacek, Kimbrough, and Cerny
Nays: None
The Chairman declared the motion
carried.
PUBLIC HEARING TO
VACANT THE W ½ OF ROAD G
The public hearing to vacant the W ½
of Road G, between Road 12 and Hwy 81 was opened at 10:45 a.m. Elmer Hessheimer, Hwy. Superintendent
presented the study that he completed as to why the road should be vacated. Attending were Buster Marget, Glen F.
Kovanda, John Lovegrove, Robert D. Lovegrove,
After discussion, the Board will
take into consideration the comments made and action will be taken at the next
Board meeting.
ROAD G GRADING LETTING
DECISION
After discussion, Mueller moved and
Simacek seconded the motion to award LeGrande Excavating the bid on grading the
E ½ of Road G, between Road 12 and Hwy. 81, with negotiated changes agreed to
by both parties, and with receipt of approval letter from the Department of
Economic Development. Upon roll call,
the vote was as follows:
Ayes:
Galusha, Capek, Yates, Simacek, Kimbrough, and Mueller
Nays: None Abstaining due to conflict of
interest: Cerny
The Chairman declared the motion
carried.
APPROVE CHAIRMAN TO
SIGN GRANT FOR GENERATOR
Yates moved and Cerny seconded the
motion to approve the Board Chairman to sign the grant application for the Mary
F. Tous Charitable Foundation to assist in purchasing a generator the new 911
tower. Upon roll call, the vote was as
follows:
Ayes:
Capek, Yates, Simacek, Cerny, Mueller, and Galusha
Nays: None Abstaining: Kimbrough
The Chairman declared the motion
carried.
PUBLIC HEARING TO
CHANGE ZONING FROM AGRICULTURE TO INDUSTRIAL
AND ADD PERMITTED
SPECIAL USES
The public hearing to change the
zoning from Agriculture (Ag-1) to Industrial (I) and to add “Agricultural grain
product milling and processing” and “Ethanol Manufacturing and Processing” as
permitted special uses in Industrial (I) zoning district of Fillmore County,
Nebraska opened at 1:01 p.m. on the following property: the N ½ NE ¼ less tracts, Highway ROW, and
Railroad ROW of Section 36-8-3; the SW ¼ NE ¼ of 36-8-3; and the SE ¼ less
Highway and Railroad ROW of 36-8-3, property defined is approximately 280
acres. With no public comment, the
hearing was closed at 1:17 p.m.
CHANGE ZONING FROM
AGRICULTURE TO INDUSTRIAL
Yates moved and Capek seconded the
motion to change the above land in Section 36-8-3,
Ayes:
Yates, Simacek, Kimbrough, Mueller, Galusha, and Capek
Nays: None Abstaining due to conflict of
interest: Cerny
The Chairman declared the motion
carried.
ADD PERMITTED SPECIAL
USES
Galusha moved and Simacek seconded
the motion to add “Agricultural grain product milling and processing” and
“Ethanol Manufacturing and Processing” as listed permitted special uses in the
“I” Industrial Zoning district of Fillmore County,
Ayes:
Simacek, Kimbrough, Mueller, Galusha, Capek, and Yates
Nays: None Abstaining due to conflict of
interest: Cerny
The Chairman declared the motion
carried.
EMERGENCY DECLARED TO
ADD ITEM TO AGENDA
At the request of the County
Treasurer Barbara Stephenson, Yates moved and Mueller seconded the motion to
declare an emergency in order to add an item to the agenda, said item “Special
Tax/Bankruptcy”. 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.
SPECIAL TAX/BANKRUPTCY
County Treasurer Barbara Stephenson
presented to the Board a request of Pathnet Operating, Inc to settle for $396.00
on back taxes from 2001, 2002, and 2003.
After discussion with Deputy County Attorney, Howard Ach, Simacek moved
and Yates seconded the motion to respectfully decline the settlement offer from
Pathnet Operating, Inc. on the back taxes.
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.
SIGN AGREEMENT WITH
GIS WORKSHOP AND
Mueller moved and Simacek seconded
the motion to approve the Board Chairman to sign the contract with GIS Workshop
and the Nebraska Public Service Commission for the Fillmore County E911 GIS
Data, Development, and Maintenance. Upon
roll call, the vote was as follows:
Ayes:
Mueller, Galusha, Yates, Simacek, Kimbrough, and Cerny
Nays: None Absent: Capek
The Chairman declared the motion
carried.
SHERIFF OFFICE
COMPUTERS
After discussion, Cerny moved and
Simacek seconded the motion to approve the updates for the Sheriff’s office computers
in the amount of $8,970.50. 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.
CLOSED SESSION FOR
PERSONNEL
Mueller moved and Yates 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:
Capek, Yates, Simacek, Kimbrough, Cerny, Mueller, and Galusha
Nays: None
The Chairman declared the motion
carried and requested the
RETURN TO REGULAR
SESSION
Capek moved and Yates seconded the
motion to return to open session at 3:10 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.
THIRD DEPUTY SHERIFF
After discussion, Cerny moved and
Yates seconded the motion to approve
Ayes:
Simacek, Kimbrough, Cerny, Mueller, Galusha, Capek, and Yates
Nays: None
The Chairman declared the motion
carried.
DIRECT DEPOSIT
After discussion, Yates moved and
Cerny seconded the introduction of the following resolution:
RESOLUTION 2005-41
WHEREAS,
The Fillmore County Board of Supervisors (hereinafter “the Board”) has
determined the utilization of direct deposit as the mode of employee wage and
payment method; and
WHEREAS,
there is no prohibition to direct deposit for the County employees under State
Law; and
WHEREAS,
direct deposit has been determined to be a viable option by the financial
institution utilized by
NOW
THEREFORE BE IT RESOLVED by the Fillmore County Board of Supervisors that
direct deposit of employee’s wages is hereby approved for all full-time and
part-time employees and the
This resolution is hereby adopted this 22nd day
of November 2005.
Upon roll call, the vote was as follows:
Ayes:
Kimbrough, Cerny, Mueller, Galusha, Capek, and Yates
Nays:
Simacek
The Chairman declared the resolution
adopted.
TIME CLOCKS
After discussion, Cerny moved and
Galusha seconded the motion to have the
Ayes:
Cerny, Mueller, Galusha, Capek, Yates, Simacek, and Kimbrough
Nays: None
The Chairman declared the motion
carried.
MINIMUM VACATION HOURS
After discussion, Yates moved and
Mueller seconded the motion to set a minimum of four (4) hours vacation time be
used at one time. Upon roll call, the
vote was as follows:
Ayes:
Mueller, Galusha, Capek, Yates, Simacek, and Cerny
Nays: None Abstaining: Kimbrough
The Chairman declared the motion
carried.
KENO GRANTS
Grant requests were received for 18
projects for a total of $29,723.00. The
amount available was $24,000.00.
After discussion, Yates moved and
Cerny seconded the motion to approve grant from the KENO fund to the following
applications:
Organization |
Grant |
Organization |
Grant |
Milligan
Seniors |
$ 175.00 |
Pioneer
Chapel |
$ 115.00 |
|
33.00 |
|
500.00 |
American
Legion Post 240 |
300.00 |
|
600.00 |
|
750.00 |
|
500.00 |
|
2,500.00 |
Milligan
Community Club |
1,000.00 |
Shickley
FFA |
500.00 |
FMZ
Association |
4,800.00 |
Fillmore
County Development Corp. |
2,000.00 |
Fillmore
County Cinema Association |
2,500.00 |
Fillmore
Central Elementary Parent Advisory Committee |
600.00 |
|
1,500.00 |
|
|
TOTAL |
$18,373.00 |
Upon roll call, the vote was as
follows:
Ayes:
Galusha, Capek, Yates, Kimbrough, Cerny, and Mueller
Nays: None Absent: Simacek
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.
December 13, 2005.
______________________________________________ ______________________________________
Attest Chairman