December 13, 2005

The Fillmore County Board of Supervisors convened in open and public session at 9:00 a.m., December 13, 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 2:55 p.m. to attend the National Incident Management System Training.

MINUTES APPROVED

Cerny moved and Mueller seconded the motion to approve the minutes of the November 22^nd regular meeting of the Board. 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
Howard F. Ach, Atty	Rent, Copies, Post, Sup	$3,013.85
All Around Lawn Care	Snow Removal	30.00
Alltel	Uti	467.99
American Red Cross	CPR Class	30.00
Ameritas Life Insurance Corp.	Ret	732.30
Jon Anderson	Misc	43.84
Aquila	Uti	516.20
Aramark Uniform Services, Inc.	Ser	234.93
Assurity Life Insurance Company	Ser	156.00
Joseph N. Bixby DR	Ser	817.50
Blue Cross/Blue Shield of Nebraska	Insur	15,405.53
Bottorf & Maser, Atty	Ser	1,016.76
William L. Burgess	Uni, Meals	75.38
Daryl L. Callenius	Uni	35.00
Century Lumber Center	Sup	95.73
City of Geneva	Uti	150.00
Contryman Associates, P. C.	Ser	7,000.00
DAS Communications	Ser	350.00
Duckwall – Alco Stores, Inc.	Sup	65.26
Dugan Business Forms	Sup	183.82
Eakes Office Plus	Sup	924.22
Earl’s Window Service	Ser	4.00
ESRI	Software	613.86
Executive Copier Services	Ser	95.46
Fillmore County Clerk	Title	10.00
Fillmore County Court	Ser	676.27
Fillmore County Development Corp.	Budget request	10,000.00
Fillmore County Medical Center	Ser	74.00
Fillmore County Treasurer	Transfers, Post, Taxes	8,504.89
Fort Dearborn Life Insurance	Insur	209.49
The Garbage Co. Inc.	Ser	101.51
Teri Gemar	Meals, Mile, Dues	321.81
Geneva Activity & Education Department	Misc	45.00
Geneva State Bank	SS	1,060.06
Geneva Volunteer Fire Dept. Auxiliary	Misc	30.00
Hilty’s of Geneva	Sup	348.59
Steve A. Julich	Uni	35.00
Kalkwarf & Smith Law Offices, LLC	Ser	2,584.75
Kerry’s Auto Repair & Service	Ser	29.15
Knoche Appraisal & Consulting, LLC	Ser	2,850.00
Stephen J. Kraviec	Ser	1,574.80
Lancaster County Extension	Post	3.95
Lease Consultants Corp.	Ser	249.00
Maximus, Inc.	Ser	684.75
Mel’s Automotive	Ser	35.00
Mid-American Research Chemical Corp.	Sup	581.87
MIPS/County Solutions, LLC	Ser	1,910.55
Y. Scott Moore, M.D.	Ser	700.00
Richard Mueller/Tom Biegert	Rent	625.00
Naber’s Repair Service	Rep	173.06
Naimon Enterprises	Ser	100.00
Nebraska Assoc. of County Officials	Dues	1,085.00
Nebraska Cooperative Extension Assoc.	Sup	30.00
The Nebraska Signal	Pro, Sup, Ads	931.68
Nebraska Technology & Telecommunications, Inc.	Uti	1,134.63
Nelson Petroleum Co.	Fuel	1,229.35
Nick’s Farm Store	Rep	16.10
O’Keefe Elevator Co., Inc.	Ser	174.11
Platte Valley Communications of Hastings	911 Tower	56,584.60
Rasmussen Mechanical Services, Inc.	Ser	774.75
Redfield & Company, Inc.	Sup	3.99
Steven G. Roemmich	Uni	35.00
Mary Saum	Meals, Mile, Sup, Lodging	399.16
Seiler & Parker, P. C.	Ser	1,215.22
The Sentinel	Subscription	23.00
Stanton County Sheriff	Misc	54.24
State of Nebraska Dept. Correctional Service	Boarding Prisoners	10,860.43
State of Nebraska Dept. of Motor Vehicles	Ser	4.00
Barbara L. Stephenson	Sup	75.68
Superior Lamp, Inc.	Sup	289.62
David Turner	Uni	35.00
United Church of Christ	Inmate Meals	28.00
UN-L IS-Telecommunications	Uti	24.67
Brandy VanDeWalle	Meal, Lodging, Mile, Dues	611.03
Daniel L. Werner, P.C., LLO	Ser	609.15
Payroll	Salaries	14,246.77
ROAD & BRIDGE FUND
Alltel	Uti	66.98
Ameritas Life Insurance Corp.	Ret	1,575.03
Aquilla	Uti	248.72
Auto Value Parts Store	Parts, Sup	501.45
B’s Enterprises	Blades	2,720.00
Blue Cross/Blue Shield of Nebraska	Insur	10,159.63
Casey’s General Stores, Inc.	Fuel	91.50
Century Lumber Center	Sup	227.51
Chaney Chemical	Sup	394.00
City of Geneva	Uti	50.70
Don’s Signs	Signs	188.50
Dorchester Farmers Coop	Parts, Fuel, Sup	3,900.09
Eagle Auto Parts	Sup	5.97
Farm Plan	Parts	82.55
Fillmore County Hospital	Ser	15.00
Filter Care of Nebraska	Parts	44.70
Fort Dearborn Life Insurance Co.	Insur	120.36
The Garbage Company	Ser	48.89
Geneva Carquest	Parts, Sup	280.43
Geneva State Bank	SS	1,884.86
Geneva Welding & Supply	Parts, Sup	1,485.36
Grafton Mini Mart	Fuel	130.59
Grafton Oil, Inc.	Fuel	1,459.74
Heath, Inc.	Rep	60.00
Heath Machine Shop	Rep	40.00
Elmer Hessheimer	Sup	34.80
Hilty’s of Geneva	Misc	8.64
Lichti Bros. Oil Co., Inc.	Fuel	8,707.02
Midwest Steel Fabricators	Rep	21.00
Midwest Unlimited	Sup	180.50
Nebraska Iowa Industrial Fasteners	Sup	285.29
Nebraska Machinery	Parts, Sup	702.80
The Nebraska Signal	Ads	247.64
Nebraska Tech & Telecomm., Inc.	Uti	115.94
Nelson Petroleum Co.	Fuel, Parts	3,524.49
Nichols Construction	Gravel	21,718.47
Nick’s Farm Store	Rep	34.05
Orschlen	Parts	179.99
Perennial Public Power	Uti	59.11
PowerPlan	Parts	172.74
RAK Industries	Posts, Sup	2,774.50
Ralph’s Geneva Tire & Service Center	Rep, tires	527.14
Shickley Lumber	Sup	19.96
Slope Meter, Inc.	Misc.	15.00
Speece Lewis Engineers	Ser	3,120.00
Superior Deshler, Inc.	Fuel	46.81
Sutton Lumber	Sup	1,344.00
Texaco Shell	Fuel	50.00
USIS Commercial Services	Ser	59.80
Village of Exeter	Uti	15.00
Village of Fairmont	Uti	28.86
Weaver Pharmacy	Misc	12.02
Payroll	Salaries	25,878.43
MEDICAL/RELIEF FUND
Weaver Pharmacy	Sup	157.98
SENIOR SERVICES
Janet Bartak	Mile	106.22
Blue Cross/Blue Shield of Nebraska	Insur	912.92
Dawg’s Smokehouse Café	HDM’s	255.00
Judy Dondlinger	Ser	276.00
Duckwall – Alco	Sup	29.00
Exeter Care Center	HDM’s	241.50
Exeter Golden Agers	USDA – Sept.	51.87
Fairmont Aging Services	USDA – Sept.	148.77
Fort Dearborn Life Insurance Co.	Insur	11.30
Geneva Senior Center	USDA – Sept., Rent, Copies, Uti	765.67
Susan Kerl	Ser	120.00
Nancy Kohler	Mile	217.28
Jeannine Krejci	Ser	108.00
Elizabeth Mattox Manning	Ser	156.00
Ron’s Tavern	HDM’s	176.00
Rhonda Stokebrand	Mile	45.59
JoAnn Vavra	Ser	170.00
INHERITANCE TAX
Andrews Electric Co., Inc.	Rep	112.50
Eddy Current Analysis of Mid America, Inc.	Ser	1,094.00
HOSPITAL OPERATING FUND
Fillmore County Hospital	Taxes	953.42
NOXIOUS WEED FUND
Alltel	Uti	39.26
Blue Cross/Blue Shield of Nebraska	Insur	456.46
Chaney Chemical Co.	Sup	11,814.00
Conoco Phillips Fleet	Fuel	97.77
Merlin Ehmen	Rent, Rep	319.51
Ekeler Repair	Rep	52.89
Exeter Lumber	Parts	5.15
Fort Dearborn Life Insurance Co.	Insur	1.42
Ken Boy Motors, Inc.	Pickup	17,125.00
The Nebraska Signal	Ad	10.31
Nebraska Weed Control Association	Dues	106.00
Nelson Petroleum Co.	Fuel	43.71
E911 COMMUNICATIONS FUND
Alltel	Uti	1,061.84

CLAIMS APPROVED

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

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

Nays: None Abstaining due to conflict of interest: Yates

The Chairman declared the motion carried.

FEE REPORTS

Yates moved and Cerny seconded the motion to approve the following fee reports for November 2005:

County Clerk: $6,825.63 Clerk of District Court: $993.83 Sheriff: $1,721.20

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.

B.R.A.N. TOUR

Lori Loontjer with Revitalize Geneva informed the Board that the Bike Ride Across Nebraska (B.R.A.N.) would be stopping in Geneva on June 8 - 9, 2006. The Revitalize Geneva Committee requested to have the riders stay on the Courthouse lawn; Lori said that there will be 600 plus riders that will be staying in Geneva.

Cerny moved and Yates seconded the motion to work with Revitalize Geneva and allow B.R.A.N riders to camp out on the Courthouse lawn. 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.

DRIVEWAY PERMIT

Mueller moved and Simacek seconded the motion to approve the following driveway permit:

Lynn Yates – to widen an existing driveway to 40 ft. on the west side of the NW ¼, Section 24-6-3, Stanton Township.

Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the motion carried.

OCCUPY COUNTY RIGHT-OF-WAY

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

Kent & Kurt Myers – to bury water line from the SE ¼, Section 9-6-2 to the NE ¼, Section 16-6-2, Chelsea Township. Kent & Kurt Myers agree to restore the surface of the road 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.

Alltel Communications – to bury communications cable between Section 32-7-2, Madison Township and Section 5-6-2, Chelsea 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: Mueller, Galusha, Capek, Yates, Simacek, Kimbrough, and Cerny

Nays: None

The Chairman declared the motion carried.

COUNTY TO MAINTAIN ROAD H

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

RESOLUTION 2005-44

WHEREAS, the Geneva Township has requested that the County of Fillmore perform any and all maintenance duties with respect to County Road H between Road 12 and Highway 81 for the reason that the County is assuming all responsibility of maintenance.

WHEREAS, the County of Fillmore is agreeable to performing any and all maintenance duties with respect to the maintenance of County Road H between Road 12 and Highway 81 for the reason that the County is assuming all responsibility of maintenance.

NOW, THEREFORE, BE IT RESOLVED by the Chairman of the Board of Supervisor’s of Fillmore County, Nebraska, that the County of Fillmore shall perform any and all maintenance duties with regard to County Road H between Road 12 and Highway 81 in Fillmore County, Nebraska, such duties having previously been the obligation and expense of the Geneva Township.

Upon roll call, the vote was as follows:

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

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

The Chairman declared the resolution adopted.

CLOSING RAILROAD CROSSING ON ROAD G

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

RESOLUTION 2005-45

WHEREAS, it has become necessary to close the county road railroad crossing which is located on Road G between Road 12 and Highway 81 in Fillmore County, Nebraska, due to the construction of an Ethanol Plant which will be located in Section 36, Township 8 North, Range 3 West of the 6^th Principal Meridian in Fillmore County Nebraska; and

NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Fillmore County, Nebraska as follows:

1. That the county road railroad crossing located upon Road G between Road 12 and Highway 81 in Fillmore County, Nebraska be closed.

2. That the portion of Road G between Road 12 and Highway 81 exclusive of the county road railroad crossing located thereon shall continue to be maintained by the County of Fillmore.

Upon roll call, the vote was as follows:

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

Nays: None Abstaining due to conflict of interest: Cerny

The Chairman declared the resolution adopted.

ENGINEERING SERVICES CONTRACT

After discussion, Galusha moved and Mueller seconded the motion to approve the contract from Speece Lewis Engineers for engineering and consultant services, drainage design, and consultant recommendations for Fillmore County from January 1, 2006 to December 31, 2006 on a per hour basis. 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.

FLOODPLAIN PERMIT FOR 5-6 CHELSEA

Yates moved and Capek seconded the motion to approve and sign the floodplain permit for Project #C003002705, located between the NW ¼ of Section 5-6-2 and the NE ¼ Section 6-6-2, Chelsea Township. 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.

FLOODPLAIN PERMIT FOR 2-3 FAIRMONT

Simacek moved and Mueller seconded the motion to approve and sign the floodplain permit for Project #C003003320, located between the NW ¼ of Section 2-8-2 and the NE ¼ of Section 3-8-2, Fairmont 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.

FLOODPLAIN PERMIT FOR 1-12 STANTON

Yates moved and Cerny seconded the motion to approve and sign the floodplain permit for Project #C-30 (318), located between Section 1-6-3 and Section 12-6-3, Stanton Township. Upon roll call, the vote was as follows:

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

Nays: Simacek

The Chairman declared the motion carried.

EMERGENCY DECLARED TO ADD ITEM TO AGENDA

At the request of the Highway Superintendent Elmer Hessheimer, Cerny moved and Simacek seconded the motion to declare an emergency in order to add an item to the agenda, said item “City Superintendent Activities, possible Interlocal Agreement with City of Geneva”. 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.

CITY SUPERINTENDENT ACTIVITIES

Highway Superintendent, Elmer Hessheimer informed the Board that he had been contacted by the City of Geneva to help with their one and six year plan and their annual report. Elmer will meet attend the City of Geneva’s Council meeting on December 19^th and then report back to the Board.

BOARD OF EQUALIZATION

At the request of the County Assessor, Yates moved and Capek seconded the motion to go into session as the Fillmore County Board of Equalization at 11:00 a.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.

TAX CORRECTIONS

Cerny moved and Yates seconded the motion to approve Tax Corrections 01-05 through 08-05 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

Capek moved and Simacek seconded the motion to adjourn as Board of Equalization and return to regular session of the Fillmore County Board of Supervisors at 11:03 a.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.

PUBLIC HEARING TO CHANGE ZONING ON PUBLIC UTILITY SUBDIVISIONS

The public hearing to change zoning on public utility subdivisions from three (3) acres to one (1) acre in Agriculture (Ag – 1 and Ag – 2) zoning districts of Fillmore County, Nebraska opened at 1:00 p.m.

DOMEIER FARMS SUBDIVISION

Planning and Zoning Administrator, Gerald Slezak submitted the plat for the Domeier Farms Subdivision, located in the SE ¼, Section 29-7-4, Bennett Township.

Galusha moved and Cerny seconded the motion to approve the plat of the Domeier Farms Subdivision with proper signatures as follows:

A tract of land comprising of part of the SE ¼ of Section 29, Township 7 North, Range 4 West of the 6^th P. M., Fillmore County, Nebraska, described as follows: commencing at the SE corner of said SE ¼, and assuming the east line of said SE ¼ to have a bearing of S00’00’00”E; thence N00’00’00”W, and on the east line of said SE ¼, 506.41 feet to a ¾” rebar w/cap; thence N90’00’00”W, and perpendicular to the east line of said SE ¼, 296.00 feet to a ¾” rebar w/cap; thence N00’00’00”W, and parallel with the east line of said SE ¼, 441.50 feet to a ¾” rebar w/cap; thence S90’00’00”E, and perpendicular to the east line of said SE ¼, 296.00 feet to a ¾” rebar on the east line of said SE ¼; thence S00’00’00”E, and on the east line of said SE ¼, 441/50 feet to the point of beginning and containing 3.00 acres more or less of which 0.33 of an acre more or less is occupied by county road R.O.W.

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.

ANNEXATION PLAT TO THE VILLAGE OF MILLIGAN

Planning and Zoning Administrator, Gerald Slezak submitted the plat for the Annexation Plat to the Village of Milligan, located in the W ½ of the SE ¼, Section 11-6-1, Glengary Township.

Capek moved and Simacek seconded the motion to approve the plat of the Annexation Plat to the Village of Milligan as follows:

A tract of land on the W ½ of the SE ¼ of Section 11, Township 6 North, Range 1 West, described as follows: commencing at the northwest corner of lot four (4) in block eleven (11) of the original Village of Milligan, Fillmore County, Nebraska, running thence due west a distance of five hundred (500) feet, thence north parallel to the west boundary line of the original village of Milligan, Nebraska, a distance of five hundred (500) feet, thence due east a distance of five hundred (500) feet to the west boundary of said original Village of Milligan, Nebraska, thence south along the west boundary of the said Village a distance of five hundred (500) feet to the point of beginning.

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.

FLOODPLAIN FOR TODD LEININGER

After discussion, Galusha moved and Yates seconded the motion to accept a bid from Speece Lewis Engineers to determine the level for the 100 year floodplain for the Todd Leininger property, and the cost of $850.25 would be split 50/50 with Todd and Fillmore County. 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.

CHANGE ZONING ON PUBLIC UTILITIY SUBDIVISION

With no public comment, the hearing was closed at 1:25 p.m. After discussion, Yates moved and Capek seconded the introduction of the following resolution:

RESOLUTION 2005-46

WHEREAS, the Fillmore County Board of Supervisors are changing the zoning on public utility subdivisions from three (3) acres to one (1) acre in Agriculture (Ag–1 and Ag–2) zoning districts of Fillmore County, Nebraska.

WHEREAS, the Fillmore County Board of Supervisors direct the Planning and Zoning Administrator to make the appropriate changes to the Agriculture (Ag-1 and Ag-2) Zoning District for Fillmore County.

NOW THEREFORE, BE IT RESOLVED that the Fillmore County Board of Supervisors approved this resolution on the 13^th day of December 2005.

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.

PART-TIME VACATION

After discussion, Mueller moved and Yates seconded the motion to give part-time employees who work on average of at least twenty (20) hours a week on a year round basis pro-rated vacation after three (3) years of continuous employment. Average of hours will be figured on the previous year’s hours. 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.

HANDBOOK CHANGES

After discussion, Yates moved and Capek seconded the following changes to the current Fillmore County Employee Handbook: Time Clocks/Records, Work Hours, Pay Periods, Direct Deposit, Overtime, Deductions from paycheck, Dress Code/Appearance, Employment at Will, Introductory Period, Employment Classifications, Sick Leave, Sick Day Bank, Vacation Time (Full-time and Part-time), Personnel Records, Employee Information, Employee’s Request for review of Personnel Records, Management’s Review of Personnel Records, Performance Evaluations, and Computer Usage. 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.

ADJOURNMENT

Agenda items “Bankruptcy Law Changes, City Aerial Photos, and Elected Officials Salaries” were tabled until the December 27^th meeting. As there were no other items to come before the Board, the Chairman declared the meeting adjourned until 9:00 a.m. December 27, 2005.

_______________________________________ ___________________________________________

Attest Chairman