December 27, 2005

 

            The Fillmore County Board of Supervisors convened in open and public session at 9:00 a.m., December 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 sine die at 3:15 p.m.

 

MINUTES APPROVED

 

            Yates moved and Capek seconded the motion to approve the minutes of the December 13th regular meeting of the Board.  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.

 

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

 

 

Joan Ackland

Mile, Meal

74.83

Alltel

Uti

233.41

Alltel

Uti

480.29

Ameritas Life Insurance Corp.

Ret

3,681.71

Auto Value Parts

Sup

5.99

Joseph N. Bixby, DR

Ser

604.50

Bottorf & Maser, Atty

Ser

511.76

Marilyn Christiancy

Ret

25.00

City of Geneva

Rent

440.00

Phillips 66

Fuel

429.41

Dell Marketing, L.P.

Equip

609.02

Drummond American Corp.

Sup

285.65

Eagle Auto Supply

Sup

3.50

Eakes Office Plus

Sup

620.86

Fillmore County Medical Center

Ser

100.00

Fillmore County Treasurer

Post, Dues, Sup

586.38

Galls

Sup

63.96

Geneva State Bank

SS

4,514.80

Geneva State Bank

Ser

25.00

Norma Gregory

Ret

25.00

Hilty’s of Geneva

Sup

712.28

Hometown Leasing

Ser

374.00

JEO Consulting Group, Inc.

Ser

300.00

Howard Johnson

Mile

125.55

Kalkwarf & Smith Law Offices, LLC

Ser

2,549.03

Dennis Kimbrough

Mile, Meal

130.29

Jim Kotas

Mile

96.72

Gary Kudlacek

Mile

123.69

Lancaster County Sheriff’s Office

Ser

15.51

Loup Valley Lighting, Inc.

Sup

101.93

Annette Marget

Mile

71.61

Ann H. McDonald

Ret

18.00

Mid-American Research Chemical Corp

Sup

182.00

Microfilm Imaging Systems, Inc.

Ser

100.00

MIPS/County Solutions, Inc.

Sup

259.76

National Assoc. of Co. Recorders, Elections Officials & Clerks

Dues

55.00

Nebraska National Bank

Ser

187.59

Nebraska Public Power Dist.

Uti

847.47

Nebraska Signal

Sup

244.00

Nebraskaland Glass of Seward, Inc.

Rep

242.40

Richard Nelson

Mile

12.61

PC Nuts

Sup

62.00

Platte Valley Communications

Equip, Rep

2,150.98

Ralph’s Geneva Tire & Service Center, Inc.

Rep

12.50

Redfield & Company, Inc.

Sup

79.38

Region V Systems

EPC

440.00

Seiler & Parker, PC

Ser

559.00

Southeast District Assessor Assoc.

Dues

20.00

State of Nebraska Dept. of Admin. Services

Ser

46.62

State of Nebraska Dept. of Correctional Services

Boarding Prisoners

11,228.56

Super 8 Motel – Grand Island

Lodging

137.37

Weaver Pharmacy

Sup

1,674.06

Payroll

Salaries

63,375.31

 

 

 

ROAD & BRIDGE FUND

 

 

A-1 Body & Glass

Rep & Parts

966.40

Ameritas Life Insurance Corp

Ret

1,588.58

Dorchester Farmers Coop

Fuel

787.64

Farm Plan

Parts

147.30

Fillmore County Shop

Post, Misc.

40.83

Geneva State Bank

SS

1,903.85

Ralph Gould

Ret

18.00

Grafton Mini Mart

Parts, Fuel

90.80

Grafton Oil, Inc.

Fuel

862.29

Donovan Jirkovsky

Ret

25.00

Kinder Morgan, Inc.

Uti

295.00

Nebraska Assn. County Engineers, Hwy Supt.

Dues, Reg.

145.00

Nebraska Public Power

Uti

206.03

Nelson Petroleum

Fuel

1,024.15

Perennial Public Power

Uti

61.04

Speece Lewis Engineers

Ser

3,120.00

Weaver Repair

Parts, Rep

1,898.70

L. J. Webb Contractor, Inc.

Equip Rental

150.00

Payroll

Salaries

26,126.68

 

 

 

ECONOMIC DEV – TOURISM

 

 

Fillmore County Development Corp.

Mile, Post, Sup, Copies

49.24

 

 

 

MEDICAL/RELIEF FUND

 

 

Weaver Pharmacy

Sup

308.80

 

 

 

INSTITUTIONS FUND

 

 

State of Nebraska Health & Human Services

Patient Care – Nov

606.00

 

 

 

SENIOR SERVICES

 

 

Ameritas Life Insurance Corp.

Ret

275.03

Exeter Golden Agers

UDSA 2004-2005

21.19

Fairmont Aging Services

USDA 2004-2005

64.06

Fillmore County Treasurer

Post

37.00

Geneva Senior Center

USDA 2004-2005

266.00

Geneva State Bank

SS

349.60

Susan Kerl

Ser

48.00

JoAnn Vavra

Ser

108.00

Payroll

Salaries

4,611.42

 

 

 

INHERITANCE TAX

 

 

Business Telecommunication System, Inc.

Sup, Rep

1,188.50

Fillmore County Treasurer

Loan Nox. Weed

5,000.00

 

 

 

NOXIOUS WEED FUND

 

 

Ameritas Life Insurance Corp.

Ret

157.77

Geneva State Bank

SS

164.28

Payroll

Salaries

2,337.40

 

 

 

 

CLAIMS APPROVED

 

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

 

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

Nays: None                  Abstaining due to conflict of interest: Kimbrough

 

            The Chairman declared the motion carried.

 

OCCUPY COUNTY RIGHT-OF-WAY

 

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

 

            Glen Petersen – pivot end gun to occupy the Fillmore County right-of-way on the west side of the NW ¼, Section 2-8-2, 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.

 

APPROVE GENEVA EAST PROJECT #BRO-7030(33)

 

            After discussion, Mueller moved and Cerny seconded the motion to approve and sign the programming documents with the State of Nebraska to request Federal-Aid Bridge Replacement Highway Funds for Project #BRO-7030(33) located in Sections 33-34 and 27-34, Madison Township.  Upon roll call, the vote was as follows:

 

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

Nays: Capek and Simacek

 

            The Chairman declared the motion carried.

 

APPROVE GENEVA WEST PROJECT #BRO-7030(32)

 

            Galusha moved and Yates seconded the motion to approve and sign the programming documents with the State of Nebraska to request Federal-Aid Bridge Replacement Highway Funds for Project #BRO-7030(32) located in Section 32-33, Geneva 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.

 

INTERLOCAL AGREEMENT FOR GENEVA CITY STREET SUPERINTENDENT

 

            After discussion Cerny moved and Galusha seconded the motion to approve and sign the following Interlocal Agreement between Fillmore County, Nebraska and the City of Geneva, Nebraska:

 

            WHEREAS, both of the parties hereto are political subdivisions of the State of Nebraska, and

 

            WHEREAS, it would be in the best interest of the City of Geneva, Nebraska to appoint the Fillmore County Highway Superintendent as the City of Geneva City Street Superintendent.  The appointment would be for a term of one (1) year and each year there after, with the mutual consent of the City of Geneva and The Fillmore County Highway Superintendent, a re-appointment could be made for another term of one (1) year.

 

            WHEREAS, the appointment of City Street Superintendent would include the duties as outlined in State Statute 39-2512.

 

            NOW THEREFORE BE IT RESOLVED, that Fillmore County, Nebraska and the City of Geneva, Nebraska agree the appointed City Street Superintendent would receive $300.00 annually.  The City of Geneva will pay Fillmore County the sum of $300.00 and Fillmore County will then pay the appointed City Street Superintendent the sum of $300.00.  The payment would be due at the end of the one (1) year term.

 

            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.

 

ADVANCED BIOENERGY SUBORDINATE BONDS

 

            A public hearing will be held on January 11, 2006 at 9:00 a.m., in the Boardroom of the Fillmore County Courthouse for the issuance of Tax-Exempt Subordinate Exempt Facilities Revenue Bonds in the amount of $7,000,000.00.  These bonds are for Advanced BioEnergy, LLC’s 100 million gallon ethanol plant located in the E ½ of Section 36-8-3, West Blue Township in Fairmont, Nebraska

 

CITY AND VILLAGE AERIAL PHOTES

 

            After discussion, Cerny moved and Mueller seconded the motion to have aerial photos taken of the cities and villages in Fillmore County by GIS Workshop not to exceed $12,000.00.  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.

 

CLOSED SESSION FOR PERSONNEL

 

            Yates moved and Simacek seconded the motion that the Fillmore County Board holds a closed session at this time pursuant of Section 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: Yates, Simacek, Kimbrough, Cerny, Mueller, Galusha, and Capek

Nays: None

 

            The Chairman declared the motion carried and requested the County Sheriff to remain.  Closed session began at 12:25 p.m.

 

RETURN TO REGULAR SESSION

 

            Capek moved and Cerny seconded the motion to return to open session at 12:35 p.m.  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.

 

PUBLIC HEARING ON SPECIAL USE PERMIT FOR PERENNIAL PUBLIC POWER UTILITY SUBSTATION

 

            The public hearing to act on the special use application by Perennial Public Power to build a utility substation in the SE ¼, Section 6-6-1, Glengary Township opened at 1:06 p.m.

 

            With no public comment, the hearing was closed at 1:16 p.m.

 

SPECIAL USE PERMIT FOR PERENNIAL PUBLIC POWER UTILITY SUBSTATION

 

            Capek moved and Mueller seconded the motion to approve the special use permit for Perennial Public Power to build a utility substation in the SE ¼, Section 6-6-1, Glengary 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.

 

PLANNING COMMISSION BOARD MEMBERS PER DIEM

 

            Planning and Zoning Administrator Gerald Slezak, requested that the Board increase the Planning Commission Board members per diem from $12.50 to $50.00 a meeting. 

 

After discussion, Cerny moved and Mueller seconded the motion to approve $40.00 per meeting, plus mileage effective January 1, 2006 for the Planning Commission Board members.  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.

 

PLANNING COMMISSION TO UP-DATE COMPREHENSION PLAN

 

            After discussion, Simacek moved and Mueller seconded the motion to request the Planning Commission to up-date the Fillmore County Comprehension Plan.  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.

 

ELECTED OFFICIAL SALARIES 2007-2010

 

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

 

RESOLUTION 2005-47

 

            WHEREAS, Section 23-1114 of the Revised Reissue Statutes of Nebraska (1987) provides that the salary of elected officers of Fillmore County shall be set by the Fillmore County Board of Supervisors for a four-year term prior to January 15, 2006.

 

            NOW, THEREFORE, BE IT RESOLVED by the Fillmore County Board of Supervisors that the following annual salaries be established.

 

1.      The annual salary for the office of the County Board be established at $13,000.00 for the calendar year 2007, plus an annual 2% increase during the term of office (2008, 2009, 2010).

 

BE IT FURTHER RESOLVED, that the annual salary for the Chairman of the Board of Supervisors be $1,000.00 more a year than the County Board.

 

2.      The annual salary for the office of the County Clerk be established at $37,000.00 for the calendar year 2007, plus an annual 2% increase during the term of office (2008, 2009, 2010).

 

3.      The annual salary for the office of County Treasurer be established at $37,000.00 for the calendar year 2007, plus an annual 2% increase during the term of office (2008, 2009, 2010).

 

4.      The annual salary for the office of County Assessor be established at $37,000.00 for the calendar year 2007, plus an annual 2% increase during the term of office (2008, 2009, 2010).

 

5.      The annual salary for the office of County Clerk of District Court be established at $33,500.00 for the calendar year 2007, plus an annual 2% increase during the term of office (2008, 2009, 2010).

 

6.      The annual salary for the office of County Sheriff be established at $46,000.00 for the calendar year 2007, plus an annual 2% increase during the term of office (2008, 2009, 2010).

 

BE IT FURTHER RESOLVED, that if the Interlocal Agreement with the City of Geneva for Law Enforcement should no longer exist, the annual salary for the County Sheriff will be established at 120% of the Clerk, Assessor, and Treasurer’s annual salary.

 

7.      The annual salary for the office of County Attorney be established at $41,500.00 for the calendar year 2007, plus an annual 2% increase during the term of office (2008, 2009, 2010). 

 

BE IT FURTHER RESOLVED, that the annual salary for the office of Deputy County Attorney be established at 65% of the County Attorney’s annual salary.

 

            BE IT FURTHER RESOLVED, that each of the above designated elected officials shall receive during their term of office, individual health with prescription drug card, life insurance at County expense, and that each of the above designated elected officials shall be entitled to benefit and participate, during the term of office in Fillmore County retirement plan pursuant to the county employees retirement act, the same being the benefits that are currently extended to the county employees generally, in the event additional fringe benefits are subsequently extended to county employees generally, the above designated elected officials shall be entitled to benefit and receive such additional fringe benefits.

 

            BE IT FURTHER RESOLVED, if notice of the same be necessary, the county reserves the right to enter into any program for the benefit of employees of the county, any other programs as may be approved, with the right of elected officials and deputies granted to participate in such programs on the effective date of such programs as approved by the Board.  It is the intent of the Fillmore County Board of Supervisors that participation in such programs shall not constitute an increase in the herein adopted salary but shall be and is part of such salary as adopted by this resolution.

 

            Upon roll call, the vote was as follows:

 

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

Nays: Galusha and Simacek

 

            The Chairman declared the resolution adopted.

 

ADJOURN SINE DIE

 

            Galusha moved and Simacek seconded the motion that due to no other business to come before the Board that they adjourn sine die until January 10, 2006 at 9:00 a.m.  Upon roll call, the vote was as follows:

 

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

Nays: None                              Absent: Capek

 

            The Chairman declared the motion carried.

 

_____________________________________                 _____________________________________________

Attest                                                                           Chairman