Reorganization meeting followed by regular meeting

The Fillmore County Board of Supervisors convened to reorganize, as required by statute, in open and public session at 9:00 a.m. on January 10, 2006, in the Courthouse Boardroom in Geneva, Nebraska. Members present were Cerny, Kimbrough, Yates, Mueller, Capek, Galusha, and Simacek. The County Clerk was present to record the minutes of the meeting.

Notice of the meeting was given by posting in seven different locations and by broadcasting on radio station KAWL. A copy of the 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 reorganization meeting adjourned at 9:30 a.m. and the regular meeting adjourned at 3:30 p.m.

ELECTION OF CHAIRMAN

The County Clerk, as temporary chairman, called the meeting to order at 9:00 a.m. The first order of business was the election of a chairman for the year 2006. Cerny nominated Mueller. Yates moved that nominations cease and a unanimous ballot cast for Mueller. Upon roll call, the vote was as follows:

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

Nays: None Not voting: Mueller

The temporary Chairman declared Mueller to be the Board Chairman for the year 2006 and Mueller assumed the chair.

ELECTION OF VICE-CHAIRMAN

Chairman Mueller asked for nominations for vice-chairman. Simacek nominated Yates and Capek nominated Simacek. Capek moved and Cerny seconded that nominations cease and that a vote be taken. Vote was Simacek - 4 and Yates – 3, motion carried. The Chairman declared Simacek duly elected Vice-Chairman of the Board for 2006.

NAMING OFFICIAL BANK DEPOSITORIES

The following resolution was introduced by Yates and seconded by Kimbrough:

RESOLUTION 2006-01

BE IT RESOLVED by the Fillmore County Board of Supervisors that the First National Bank of Exeter, the Farmers State Bank of Fairmont, the Geneva State Bank of Geneva, Shickley, and Grafton, the York State Bank of York and Geneva, the Cornerstone Bank of York and Geneva, and the Farmers and Merchants Bank of Milligan, are hereby designated as bank depositories and the Fillmore County Treasurer is hereby authorized to deposit funds of the County that may come into her possession into these said depositories.

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.

AUTHORIZED INVESTMENTS

The following resolution was introduced by Cerny and seconded by Yates:

RESOLUTION 2006-02

BE IT RESOLVED by the Fillmore County Board of Supervisors that the County Treasurer of Fillmore County be authorized to invest the surplus funds of said county in United States Government Bond, United States Treasury Notes, Bills or Certificates of Indebtedness maturing within two years of the date of purchase, and in Certificates of Deposit, or Money Market Savings Accounts.

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.

DEPOSIT OF SURPLUS FUNDS

The following resolution was introduced by Kimbrough and seconded by Galusha:

RESOLUTION 2006-03

WHEREAS, Section 77-2318, Revised Statutes of Nebraska, provides among other things that when county funds exceed 50% of the said capital of all banks of the county, then the Treasurer, with the consent of the County Board, may deposit an amount in excess thereof, but not exceeding capital in any one bank, and

WHEREAS, the County Board has by resolution informed the County Treasurer of Fillmore County that all of the banks in Fillmore County have been designated as depositories for monies that the County Treasurer may have in her possession, and

WHEREAS, under provisions of Sec. 77-2314, Revised Statutes of Nebraska, the County Treasurer shall not have a preference to any one of the banks in which she may so deposit. The County Treasurer may select one or more banks to be used for active accounts in which she may keep deposited in excess of these requirements only such funds as may be necessary for the transaction of ordinary day-to-day requirements.

WHEREAS, for the purpose of Sec. 77-2314, Revised Statutes of Nebraska, capital shall mean capital stock, surpluses, undivided profits, capital notes or debentures, and other unimpaired reserves, and

WHEREAS, paid up capital at Fillmore County Banks is as follows:

First National Bank of Exeter $ 3,216,372.52

Farmers State Bank of Fairmont $ 862,734.00

Geneva State Bank of Geneva $13,239,000.00

York State Bank & Trust Company of Geneva & York $17,397,052.31

Cornerstone Bank of York and Geneva $48,043,698.00

Farmers and Merchants Bank of Milligan $ 2,696,176.33

WHEREAS, from time to time, the County Treasurer has on hand and will have on hand for deposit, county money that should be deposited for safekeeping in excess of the amount permitted under the statute:

NOW THEREFORE, Be it Resolved, that the County Treasurer of Fillmore County be and hereby is, authorized to deposit in the aforesaid banks in Fillmore county during 2006, county funds in her possession in a sum equal to but not in excess of the said capital of said banks, provided that said depository bank or banks shall secure said deposits by pledges of the assets of said bank as provided in section 77-2318, Revised Statutes of Nebraska, but shall not at any one time have in said bank county funds in excess of 90% of the bonds deposited by said bank as security plus the $100,000.00 covered and protected by the Federal Insurance Deposit Insurance Corporation. Bond shall be required of all banks and capital stock financial institutions for such excess deposit unless security is given in accordance with Section 77-2318.01, Revised Statutes of Nebraska.

Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the resolution adopted.

SECURITIES COMMITTEE

Capek moved and Simacek seconded the motion to appoint the County Clerk, the County Treasurer and Supervisor Yates to a committee to give temporary approval for securities deposited by banks for collateral on deposits of county funds, with Cerny to sign if Yates is unavailable. 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 APPROVAL

Simacek moved and Kimbrough seconded the motion to require the approval of the officer in charge of each office of claims for his/her office before the allowance of any and all claims. 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.

EQUIPMENT PURCHASE

Cerny moved and Capek seconded the motion requiring all officials, elected or appointed, to notify the Board of Supervisors when purchasing any equipment regardless of price, all supplies costing $750.00 or more, all lease agreements, maintenance contracts, and equipment rental agreements, even though the item is included in the budget. 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.

LEGAL NEWSPAPER

Kimbrough moved and Yates seconded the motion to declare The Nebraska Signal the legal newspaper for 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.

ROAD REPORTS

Kimbrough moved and Galusha seconded the motion to require the County Highway Superintendent to make detailed annual reports of all operations in regard to road, bridge, and gravel work, and that an accounting of all property bought and sold shall be shown in the annual inventory. 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.

ROAD REPORTS TO SUPERVISORS

Simacek moved and Capek seconded the motion that the County Highway Superintendent shall inform the appropriate Supervisor of any work being done other that routine road maintenance in their district. Upon roll call, the vote was as follows:

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

Nays: Kimbrough and Cerny

The Chairman declared the motion carried.

REPRESENTATIVE TO DEVELOPMENT CORPORATION MEETINGS

Yates moved and Simacek seconded the motion to appoint Kimbrough as the ex-officio representative of the Fillmore County Board at meetings of the Fillmore County Development Corporation for 2006. Upon roll call, the vote was as follows:

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

Nays: None Abstaining due to conflict of interest: Kimbrough

The Chairman declared the motion carried.

ADJOURNMENT

As the only item remaining on the agenda for the reorganization meeting was not acted upon due to incomplete information, the Chairman adjourned the Reorganization portion of the meeting at 9:30 a.m.

________________________________________ ____________________________________________

Attest Chairman

Regular Meeting January 10, 2006

The Fillmore County Board of Supervisors convened in open and public session at 9:31 a.m., January 10, 2006, in the Courthouse Boardroom in Geneva, Nebraska with Chairman Mueller presiding. Members present were Cerny, Kimbrough, Yates, Capek, Galusha, and Simacek. The County Clerk was present to record the minutes of the meeting.

Notice of the meeting was given by posting in seven different locations and by broadcasting on radio station KAWL. A copy of the 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 3:30 p.m.

MINUTES APPROVED

Kimbrough moved and Capek seconded the motion to approve the minutes of the December 27, 2005 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
Howard F. Ach, Atty	Rent, Post, Sup, Copies	$3,271.61
All Around Lawn Care	Ser	60.00
Alltel	Uti	250.52
Ameritas Life Insurance Corp.	Ret	757.09
Jon Anderson	Uni	35.00
Aquila	Uti	2,512.18
Auto Value Parts Stores	Sup	153.94
John Becker	Mtgs, Mile	75.33
Larry Biester	Mtgs, Mile	34.70
Blue Cross/Blue Shield of Nebraska	Insur	14,492.61
Blue Valley Community Action Partnership	2^nd Qtr. Transit Services	5,000.00
Don C. Bottorf, Bottorf & Maser, Atty	Ser	293.38
Thomas Boyer	Mtgs, Mile	21.23
William L. Burgess	Uni	35.00
Daryl L. Callenius	Uni	35.00
Larry Cerny	Mile	498.30
City of Geneva	Uti	114.00
DAS Communications	Ser	350.00
Dell Marketing, L.P	Equip	3,733.44
Duckwall – Alco Stores, Inc.	Sup	87.35
Robert Dumpert	Mtgs, Mile	81.15
Eakes Office Plus	Sup	476.15
Julie A. Effenbeck	Ser	877.50
Sharon Elznic	Mtgs, Mile	60.78
Executive Copier Services	Ser	54.53
Fillmore County Building & Grounds	Petty Cash	46.84
Fillmore County Sheriff	Fees	476.40
Fillmore County Treasurer	Ads, Post, Sup, Meals	1,549.70
Fort Dearborn Life Insurance Co.	Insur	209.49
Galls	Sup	86.47
Teri Gemar	Meals, Uti	25.53
Geneva State Bank	SS	1,183.25
Geneva TV & Appliance, Inc.	Sup	18.00
Hair Works	Ser	15.00
Lyle Heinrichs	Mtgs, Mile	28.02
Steve A. Julich	Uni	35.00
Kalkwarf & Smith Law Offices, LLC	Ser, Post, Sup	2,535.35
Ralph Kassik	Mtgs, Mile	50.22
Kelch Plumbing, Heating & Refrig., Inc.	Rep	30.00
Kerry’s Auto Repair & Service	Ser, Rep	837.24
Knoche Appraisal & Consulting, LLC	Ser	2,280.00
Thomas Manning	Mtgs, Mile	42.46
Mayo Clinic Health Letter	Subscription	27.00
Mid-American Research Chemical Corp.	Sup	9.32
Morley Most	Mtgs, Mile	81.15
Richard Mueller/Tom Biegert	Rent	625.00
Nebraska Assoc. of County Officials	Wksh	350.00
The Nebraska Labor Law Poster Service	Sup	39.50
The Nebraska Signal	Sup, Ads, Pro, Subscription	924.19
Nelson Petroleum Co.	Fuel	1,203.81
Nick’s Farm Store Co.	Sup, Ser	357.31
Reg Noel	Mtgs, Mile	52.16
Mary Paine, Ph.D.	Ser	800.00
PC Nuts	Sup	26.80
Plains Power & Equip., Inc.	Sup	98.27
Protex Central, Inc.	Ser	174.00
Steven G. Roemmich	Uni, Meals	40.30
Russ’s Pest Control	Ser	30.00
Albert Simacek	Mile	222.24
Gerald Slezak	Mile	48.99
David Turner	Uni	35.00
Brandy VanDeWalle	Mile, Dues	173.75
Walter F. Stephens, Jr., Inc.	Sup	96.30
West Payment Center	Ser	99.00
Eric Williams	Sup, Post, Mile	150.69
York County Sheriff	Boarding Prisoner	220.00
Payroll	Salaries	15,467.43
ROAD & BRIDGE FUND
Alltel	Uti	66.98
Ameritas Life Insurance Corp.	Ret	1,576.99
Aquila	Uti	1,152.79
Blue Cross/Blue Shield of Nebraska	Insur	11,525.61
Business World Products	Sup	29.25
City of Geneva	Uti	56.90
Dorchester Farmers Coop	Fuel	857.69
Exeter Lumber Company	Sup	20.94
Filter Care of Nebraska	Parts	23.55
Fort Dearborn Life Insurance Co.	Insur	131.66
Geneva Carquest	Parts, Sup	275.68
Geneva Implement Co., Inc.	Parts	16.03
Geneva State Bank	SS	1,977.61
Geneva Welding & Supply	Parts, Sup	601.63
Lichti Oil	Sup	40.95
Matt Friend Truck Equipment	Parts	85.00
Midwest Service & Sales	Sup	55.02
Nebraska Bolt	Sup	67.74
Nebraska Department of Revenue	Sales Tax	241.17
Nelson Petroleum	Fuel, Parts, Sup	3,124.07
Nichols Construction	Gravel	11,644.00
Nick’s Farm Store	Sup	12.50
Perennial Public Power	Uti	51.46
Power Plan	Parts	2,142.13
Ralph’s Geneva Tire & Service Center	Parts, Rep, Tires	628.45
Roit Repair	Ser	8.50
Speece Lewis Engineers	Ser	532.50
Texaco/Shell	Fuel	105.00
Village of Fairmont	Uti	52.61
Village of Ohiowa	Uti	20.00
Payroll	Salaries	25,850.49
SENIOR SERVICES
Blue Cross/Blue Shield of Nebraska	Insur	912.92
Dawg’s Smokehouse Café	HDM’s	195.00
Judy Dondlinger	Ser	120.00
Duckwall – Alco	Sup	5.00
Exeter Care Center	HDM’s	245.00
Fort Dearborn Life Insurance Co.	Insur	11.30
Gambles	Sup	35.99
Geneva Senior Center	Sup, Rent, Copies	129.80
Geneva State Bank	SS	6.72
Susan Kerl	Ser	144.00
Nancy Kohler	Mile	84.39
Jeannine Krejci	Ser	72.00
Elizabeth Mattox Manning	Ser	156.00
Ron’s Tavern	HDM’s	172.00
Rhonda Stokebrand	Mile	63.53
Venbrook Insurance Services	Insur	335.00
Payroll	Salaries	87.85
KENO FUND
American Legion Post 240	Keno Grant Funds	300.00
Cesky Bratri Cemetery Association	Keno Grant Funds	33.00
Fairmont Aging Service	Keno Grant Funds	500.00
Fillmore Central Elementary School/PAC	Keno Grant Funds	600.00
Fillmore Central High School Concert Choir	Keno Grant Funds	1,500.00
Fillmore County Development Corporation	Keno Grant Funds	2,000.00
Fillmore County Visitors Association	Keno Grant Funds	750.00
FMZ Association	Keno Grant Funds	4,800.00
Geneva Arts Council	Keno Grant Funds	2,500.00
Geneva Ball Players Association	Keno Grant Funds	600.00
Milligan Community Club	Keno Grant Funds	1,000.00
Milligan Seniors	Keno Grant Funds	175.00
Pioneer Chapel	Keno Grant Funds	115.00
Shickley FFA	Keno Grant Funds	500.00
Shickley Public School	Keno Grant Funds	500.00
NOXIOUS WEED FUND
Alltel	Uti	39.26
Ameritas Life Insurance Corp.	Ret	7.09
Blue Cross/Blue Shield of Nebraska	Insur	456.46
Conoco/Phillips Fleet	Fuel	45.47
Gaylord Cradduck	Mile	49.47
Merlin Ehmen	Rent	220.00
Fort Dearborn Life Insurance Co.	Insur	1.42
Geneva State Bank	SS	52.40
Frances Heinrichs	Mile	49.47
Nebraska Weed Control Assoc.	Wksh	50.00
Tim Schepers	Mile	15.52
Payroll	Salaries	685.00

CLAIMS APPROVED

Kimbrough 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.

DRIVEWAY PERMITS

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

Gary Kimbrough – to move existing driveway approximately 100 ft. to the north on the west side of the NW ¼, Section 28-6-3, Stanton Township;

Roger Capek – to widen existing driveway to approximately 35 ft. on the west side of the NW ¼, Section 26-6-1, 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.

OCCUPY COUNTY RIGHT-OF-WAY

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

KM Farms, Inc. – to bury electric line between the SE ¼, Section 24-5-2, Belle Prairie Township and the SW ¼, Section 19-5-1, Franklin Township. The owner will cooperate with 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 as it was prior to the work and such restoration will be accomplished to the reasonable satisfaction of 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.

DITCH CLEANING PERMIT

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

Robbie Peterson – to clean silt from a road ditch adjoining the east side of the NE ¼, Section 15-8-2, Fairmont 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.

EXTENSION TO MILLIGAN SHOP BUILDING

After discussion, Capek moved and Cerny seconded the motion to approve the Milligan Building Extension specifications and to have a letting on February 28, 2006 at 10:00 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.

MAINTENANCE OF ROADS

After discussion, Galusha moved and Kimbrough seconded the motion to direct Elmer Hessheimer, County Highway Superintendent to contact Momence Township regarding the township maintaining the E ½ mile on the south side of Section 35, Momence except the first 500 ft. and the West ½ mile on the south side of Section 36, Momence. 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.

PERMISSIVE EXEMPTION HEARING

County Assessor, Joan Ackland informed the Board that the Permissive Exemption Hearing would be February 14, 2006 at 1:30 p.m.

SAFETY COMMITTEE

Yates moved and Capek seconded the motion to appoint Darlene Vodicka and to reappoint Terry Marshall for a two year term to the safety committee. 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.

DEFICIT APPROPRIATION

The following resolution was introduced by Yates and seconded by Kimbrough:

RESOLUTION 2006-04

WHEREAS, all of the funds in the 2005-2006 budget for the Jail have been expended due to unforeseen circumstances, and

WHEREAS, it is necessary to have county funds available in these budgets to meet all obligations for the 2005-2006 budget year,

NOW THEREFORE, Be it Resolved by the Fillmore County Board of Supervisors that a need does exist for additional funds and that the sum of $20,000.00 be appropriated to the Jail budget from the unused funds in the Miscellaneous account of the General Fund Budget for 2005-2006 of said County.

Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the resolution adopted.

MILEAGE RATE

Simacek moved and Cerny seconded the motion to set the mileage rate effective January 1, 2006 for travel on county business to $.445 cents as determined by the Nebraska Department of Administrative Services and the rate for the Sheriff at $.475 cents per mile for serving papers. 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.

FEE REPORT FOR CLERK OF DISTRICT COURT

After discussion, Yates moved and Cerny seconded the motion to reject the monthly, quarterly, and yearly fee reports from the Clerk of the District Court as they were not itemized 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.

FEE REPORTS

Kimbrough moved and Galusha seconded the motion to approve the following fee reports for December 2005, Quarterly, and Semi-Annual:

County Clerk: monthly $11,925.48, Quarterly $28,734.27, and Semi-Annual $51,815.96

Sheriff: monthly $1,290.34, Quarterly $3,953.61, and Semi-Annual $7,597.11

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.

MILLIGAN SUBSTATION SUBDIVISION

Planning and Zoning Administrator, Gerald Slezak submitted the plat for the Milligan Substation Subdivision, located in the SE ¼, Section 6-6-1, Glengary Township.

Capek moved and Yates seconded the motion to approve the plat of the Milligan Substation Subdivision with proper signatures as follows:

A tract of land located in the SE ¼ of Section 6, T6N, R1W of the 6^th P. M., Fillmore County, Nebraska, more particularly described as follows: Commencing at the southeast corner of said SE ¼ and assuming the south line of said SE ¼ to have a bearing of S88’45’37”W, thence N00’30’01”W and on the east line of said SE ¼, 33.00 to a point on the north right-of-way line of Highway No. 41, said point being the point of beginning; thence S89’56’00”W and on said north right-of-way line, 176.61 ft. to a ¾” rebar w/PSC; thence N00’30’01”E and parallel with said east line of said SE ¼, 246.38 ft. to ¾” rebar w/PSC; thence N88’45’37”E and parallel with said south line SE ¼, 176.62 ft. to the east line of said SE ¼; thence S00’30’01”E and on said east line of said SE ¼, 250.00 ft. to the point of beginning, containing 1.00 acres, more or less, of which 0.19 acres, more or less, is occupied by County Road right-of-way.

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.

RECIND MOTION FOR PLANNING COMMISSION BOARD MEMBERS PER DIEM

After discussion of Statute 23-114.01; this Statute states that Planning Commission Board members per diem per meeting can not exceed $15.00.

Kimbrough moved and Cerny seconded the motion to rescind the motion from the December 27, 2005 Board meeting of setting the Planning Commission Board Members per diem to $40.00 per meeting. 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.

PLANNING COMMISSION BOARD MEMBERS PER DIEM

Kimbrough moved and Yates seconded the motion to approve $15.00 per meeting, plus mileage effective January 1, 2006 for the Planning Commission Board members. 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.

INDUSTRIAL DEVELOPMENT REVENUE BONDS

The following resolution was introduced by Galusha and seconded by Simacek:

RESOLUTION 2006-05

A RESOLUTION GRANTING PRELIMINARY APPROVAL FOR THE ISSUANCE BY THE COUNTY OF FILLMORE IN THE STATE OF NEBRASKA OF NOT TO EXCEED $8,000,000.00 OF INDUSTRIAL DEVELOPMENT REVENUE BONDS TO FINANCE A PORTION OF THE COSTS FOR THE CONSTRUCTION AND ACQUISITION OF PLANT AND FACILITIES AND EQUIPMENT SUITABLE FOR USE FOR SOLID WASTE DISPOSAL BOTH AS A PART OF AN INDUSTRIAL AND MANUFACTURING FACILITY IN CONNECTION WITH A LEASE OR LOAN TO ADVANCED BIOENERGY, LLC, AND AUTHORIZING A PUBLIC HEARING ON THE PROPOSAL TO ISSUE SUCH BONDS.

WHEREAS, The County of Fillmore, in the State of Nebraska, (hereinafter referred to as the “County”), is a duly organized and existing county and political subdivision of the State of Nebraska under the laws and constitution of the State of Nebraska, and is authorized and empowered by Sections 13-1101 to 13-1110, inclusive, Reissue Revised Statutes of Nebraska, 1997, as amended, (hereinafter referred to as the “Act”), to issue revenue bonds and to pay the costs of any “project” within the meaning of such term as used in the Act;

WHEREAS, the County has been requested by Advanced BioEnergy, LLC, a Delaware limited liability company (the “Company”) to authorize and issue its industrial development revenue bonds pursuant to the provisions of the Act in an amount to be determined by the Company but not to exceed $8,000,000.00 of Industrial Development Revenue Bonds qualifying under section 144(a)(1) of the Internal Revenue Code for the purpose of paying a portion of the costs of construction and acquisition of plant, improvements and equipment for a solid waste disposal facility both as a part of a manufacturing plant located in or near the Village of Fairmont, Nebraska (the “Project”); and

WHEREAS, the industrial development revenue bonds, whether one or more, if issued, shall be limited obligations of the County and shall not constitute nor give rise to pecuniary liability of the County or a charge against its general credit and taxing powers; and the principal of and interest on the industrial development revenue bonds shall be payable solely out of the revenues derived from the Project to be financed by said industrial development revenue bonds; and

WHEREAS, before said industrial development revenue bonds may be issued, it is necessary to conduct a public hearing on the proposal to issue such bonds,

NOW, THEREFORE, be it resolved by the Board of Supervisors of the County of Fillmore in the State of Nebraska, as follows:

Section 1. That the County does hereby declare its intention to authorize the issuance of bonds in a total amount not exceeding $8,000,000.00 as determined by the Company in one or more series when the documents relating thereto have been submitted to the County Attorney and approved by the Board of Supervisors of the County, and when the Company has paid all expenses of the County relative to the issuance of said bonds. It is estimated that the bonds may be issued on a basis that the interest thereon is exempt from federal income taxation.

Section 2. That issuance of the bonds shall be pursuant to the Act, and neither the passage of this Resolution, nor the issuance of said bonds shall obligate the County or constitute an indebtedness of the County within the meaning of any state constitutional provision or statutory limitation, and shall not constitute or give rise to any pecuniary liability or charge against the general credit or taxing powers of the County and said bonds, when issued, shall be payable solely out of the revenues derived from the Project to be financed by the bonds.

Section 3. That the County Clerk, without any further action or authorization from the Board of Supervisors, is hereby authorized to call a public hearing on the proposal to issue such bonds, upon the request of the Company, at such time as the County Clerk and Company deem advisable and the County Clerk is hereby authorized to cause notice of any such public hearing to be given and published in such method and manner as the County Clerk and the Company shall deem reasonable and necessary.

Section 4. That this resolution shall stand as a statement of the official intent of the County under Regulation Section 1.150-2 and for such purpose the following information is hereby given:

1. A general functional description of the project for which expenditures may be made and reimbursement from bond proceeds provided is as follows: a solid waste disposal facility, both as a part of manufacturing plant to be located on the approximately 300 acre site on the eastern ½ (one-half) of Township Section #36 in West Blue Township.

2. The maximum principal amount of debt expected to be issued for such project is $8,000,000.00.

Section 5. The Company and appropriate officers or employees of the County are authorized to apply to the Nebraska Investment Finance Authority for a unified volume cap allocation for the issuance of that portion of the proposed bonds, if any, determined to be able to be issued with interest exempt from federal income taxation and requiring an allocation of volume cap as contemplated by Section 146 of the Internal Revenue Code of 1986, as amended, and to take any and all actions required in connection with such application.

Section 6. At the request of the Company, Oppenheimer & Co., Inc. is hereby appointed as underwriter or placement agent with respect to the proposed bonds subject to the terms of a bond purchase or placement agreement to be entered into prior to the issuance of the bonds; Rembolt, Ludtke LLP is hereby appointed bond counsel, and Briggs and Morgan, Professional Association, Minneapolis, Minnesota, or such other firm selected by Oppenheimer & Co., Inc., is hereby appointed special tax counsel. Briggs and Morgan, Professional Association shall also serve as counsel to Oppenheimer & Co., Inc.

Section 7. All resolutions and orders or parts thereof in conflict herewith are, to the extent of such conflict, hereby repealed, and this resolution shall be in full force and effect immediately upon its adoption.

Upon roll call, the vote was as follows:

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

Nays: None Abstaining due to conflict of interest: Cerny

The Chairman declared the resolution adopted.

BUDGET MAKING AUTHORITY

The following resolution was introduced by Kimbrough and seconded by Yates:

RESOLUTION 2006-06

BE IT RESOLVED, that the Fillmore County Board reserves the right to enter into any agreement with an elected official or officials who is/are qualified to serve as the budget-making authority as may be approved by the Board. He or she shall receive $2,000.00 for each of the following years: 2007, 2008, 2009, and 2010 with their payroll in October of each year.

Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the resolution adopted.

ADJOURNMENT

Agenda items “Courthouse Generator and Funerals, Indigent Burials” 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. January 24, 2006.

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Attest Chairman