The Fillmore County Board of Supervisors convened in open and public session at 9:00 a.m., February 14, 2006, in the Courthouse Boardroom in Geneva, Nebraska with Chairman Mueller presiding. Members present were Cerny, Kimbrough, Yates, Capek, Galusha, and Simacek. Simacek was absent after 4:00 p.m. 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 4:22 p.m.

MINUTES APPROVED

Mueller, Chairman of the Board declared the minutes approved as presented.

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, Sup, Post, Wksh, Misc.	$3,575.80
Alltel	Uti	569.49
Ameritas Life Insurance Corp.	Ret	2,107.62
Jon Anderson	Uni, Fuel	45.31
Aquila	Uti	1,931.57
Aramark Uniform Services, Inc.	Ser	259.16
Auto Value Parts Stores	Sup	6.09
Bear Graphics	Sup	186.75
Black Hills Ammunition	Sup	726.50
Blue Cross/Blue Shield of Nebraska	Insur	14,036.15
Bottorf & Maser, Atty.	Ser	123.63
William L. Burgess	Uni, Meals	41.69
Business World Products	Equip	2,001.99
Daryl L. Callenius	Uni	35.00
Century Lumber Center – Geneva	Sup	51.05
City of Geneva	Uti	111.10
Communications Engineering, Inc.	Equip	1,800.00
Conoco Phillips 66	Fuel	762.12
DAS communications/Interagency Billing	Ser	350.00
Duckwalls	Sup	65.74
Eakes	Sup, Equip, Ser	1,050.50
Earls Window Service	Ser	4.00
Executive Copier Service	Ser	94.19
F & S Supply Co., Inc.	Sup	227.76
Fillmore County Sheriff	Ser	327.67
Fillmore County Treasurer	Post	468.00
Fort Dearborn Life Insurance Co.	Insur	203.84
Galls	Sup	24.46
The Garbage Company	Ser	111.67
Teri Gemar	Mile, Meals, Misc.	304.36
Geneva State Bank	SS	2,632.47
Geneva State Bank	Ser	25.00
Geneva Super Foods	Sup	76.69
Geneva TV & Appliance, Inc.	Sup	6.00
Geneva Welding & Supply, Inc.	Sup	77.22
Grafton Mini-Mart	Sup	3.94
Hometown Leasing	Ser	577.30
Steve A. Julich	Uni	35.00
Kalkwarf & Smith Law Offices, LLC	Ser, Post, Misc.	2,570.42
Kerry’s Auto Repair & Service	Rep	29.97
Knoche Appraisal & Consulting, LLC	Ser	1,140.00
Stephen J. Kraviec	Ser, Post	1,569.90
Kustom Signals, Inc.	Sup	256.00
Lancaster County Sheriff	Ser	17.25
Lease Consultants Corp.	Ser	249.00
Patt Lentfer	Mile	45.39
Lincoln Journal Star	Ad	46.82
Loup Valley Lighting, Inc.	Sup	467.52
Mid-American Research Chemical Corp.	Sup	560.35
MIPS, Inc.	Ser, Sup	7,079.69
Rich Mueller/Tom Biegert	Rent	625.00
National Sheriff’s Assoc.	Dues	50.00
The Nebraska Labor Law Poster Service	Sup	7.75
Nebraska Public Power District	Uti	779.37
The Nebraska Signal	Sup, Notices, Proc, Ad	1,823.41
Nebraska Technology & Telecommunications, Inc.	Uti	1,218.39
Nelson Petroleum Co.	Fuel	914.54
Amy Nelson	Mile, Meals	155.16
Neopost, Inc.	Sup	174.00
Mary Novak	Sup	10.00
Patrice’s Specialties, LLC	Ser	45.00
Platte Valley Communications	Rep, Equip	209.71
Ralph’s Geneva Tire & Service Center	Rep	33.00
RepCo Marketing, Inc.	Sup	35.20
Steven G. Roemmich	Uni	35.00
Russ’s Pest Control	Ser	30.00
Saline County Sheriff	Ser	62.00
Patty Scarborough	Mile	13.35
Seiler & Parker	Ser, Mile	1,179.66
State of Nebr. Dept. of Correctional Services	Boarding Prisoners	9,792.53
Stanton County Sheriff	Ser, Mile, Sup	15.50
Stolz’s Shooting Supplies	Sup	59.40
Thayer County Treasurer	Sup	448.50
David Turner	Uni	35.00
University of Nebraska – Lincoln	Sup	130.00
UN-L IS-Telecommunications	Uti	17.11
Brandy VanDeWalle	Mile, Meals	330.04
Payroll	Salaries	36,670.81
ROAD / BRIDGE FUND
Alltel	Uti	66.98
Ameritas Life Insurance Corp	Ret	1,455.39
Aquila	Uti	694.20
Specialty Sales/Auto Value Parts Stores	Part, Sup	117.15
Blue Cross/Blue Shield of Nebraska	Insur	11,072.55
Business World Products	Ser	29.25
Casey’s General Stores	Fuel	24.35
Century Lumber Center	Parts, Sup, Rep	460.85
City of Geneva	Uti	50.70
Conoco Phillips Fleet	Fuel	1,494.18
Helen V. Engle & Harold G. Engle	Row, Easement, Misc.	1,565.00
Farm Plan	Parts	314.76
Farmers Cooperative	Fuel, Sup	4,857.01
Fillmore County Shop	Post, Rep, Misc.	31.71
Filter Care of Nebraska	Parts	108.65
Fort Dearborn Life Insurance Co.	Insur	126.01
Garbage Company	Ser	53.78
Geneva Carquest	Parts, Sup	61.50
Geneva Implement Co., Inc.	Parts	154.93
Geneva State Bank	SS	1,738.17
Geneva Welding & Supply	Equip, Sup	212.46
Grafton Oil, Inc.	Fuel, Sup	2,077.16
Jill’s Sweet Shop	Misc.	23.11
K & K Myers	Easement, Oth	25.00
Lichti Bros. Oil Co., Inc.	Fuel	2,009.38
Michl Service	Fuel	83.00
The Nebraska Signal	Ads, Misc.	205.11
Nebraska Tech & Telecomm., Inc.	Uti	107.77
Nelson Petroleum	Parts, Sup, Fuel	1,359.90
Nichols Construction	Gravel	1,805.41
Nick’s Farm Store	Rep	273.58
Perennial Public Power	Uti	43.70
Power Plan	Parts	488.11
Ralph’s Geneva Tire	Sup, Rep	108.90
Reinsch Farms, Inc. c/o Howard Reinsch	Row, Easement, Oth, Fencing	1,553.00
Roit Repair	Rep	102.71
Speece Lewis Engineers	Ser	4,125.00
Superior Deshler, Inc.	Fuel	97.08
Texaco/Shell	Fuel	79.26
Laverne Ulmer	Misc.	115.00
Village of Exeter	Uti	15.00
Village of Fairmont	Uti	86.61
Beth M. Wilkins	Easement, Oth	1,257.00
University of Nebr. NE Local Technical Assist.	Dues	207.20
Payroll	Salaries	23,905.48
MEDICAL/RELIEF FUND
York Medical Center	Ser	2,678.16
INSTITUTIONS
State of Nebr. Health & Human Services	Dec. Patient Care	81.00
SENIOR SERVICES FUND
Ameritas Life Insurance Corp	Ret	133.13
Blue Cross/Blue Shield of Nebraska	Insur	912.92
Dawg’s Smokehouse Café	HDM’s	225.00
Judy Dondlinger	Ser	156.00
Exeter Care Center	HDM’s	232.50
Exeter Golden Agers	Oct. & Nov. USDA, 3^rd Qtr. LAAA	366.28
Fairmont Aging Services	Oct. & Nov. USDA, 3^rd Qtr. LAAA	1,943.54
Fillmore County Senior Services	Post	15.28
Fort Dearborn Life Insurance Co.	Insur	11.30
Geneva Senior Center	Oct. & Nov. USDA, 3^rd Qtr. LAAA, Rent, Uti	3,401.90
Geneva State Bank	SS	167.74
Susan Kerl	Ser	144.00
Nancy Kohler	Mile, Sup	235.38
Jeannine Krejci	Ser	156.00
Elizabeth Mattox Manning	Ser	144.00
Pioneer Publishing	Ad	6.00
Ron’s Tavern	HDM’s	172.00
Rhonda Stokebrand	Mile	31.15
JoAnn Vavra	Ser	264.00
Payroll	Salaries	2,225.98
KENO FUND
Fillmore County Cinema Association	Keno Grant	2,500.00
Fillmore County Treasurer	4^th Qtr. Keno Returns	1,287.11
NOXIOUS WEED FUND
Alltel	Uti	39.26
Ameritas Life Insurance Corp	Ret	75.73
Bill’s Repair	Rep	467.76
Blue Cross/Blue Shield of Nebraska	Insur	456.46
Fort Dearborn Life Insurance Co.	Insur	1.42
Century Lumber Center	Parts	49.14
Conoco Phillips Fleet	Fuel	43.36
Merlin Ehmen	Rent	220.00
Fillmore County Clerk	Title	10.00
Fillmore County Treasurer	Tire Tax	7.00
Franklin County Weed Control	Dues	15.00
Geneva State Bank	SS	85.83
Ken Boy Motors, Inc.	Equip	300.00
Napa Auto Parts	Sup	9.90
Petersen Enterprises	Parts	1,012.80
Payroll	Salaries	1,121.95
E911 COMMUNICATIONS CENTER FUND
Alltel	Ser	1,061.84

CLAIMS APPROVED

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

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

Nays: None Abstaining due to conflict of interest: Yates

The Chairman declared the motion carried.

FILLMORE COUNTY EXTENSION OFFICE REVIEW

Brandy VanDeWalle, UNL Extension Educator informed the Board of the Ag programs and meetings that the Extension office has been conducting and what Ag programs and meetings are coming up in the near future.

DRIVEWAY PERMITS

Yates moved and Galusha seconded the motion to approve the following driveway permits:

Joseph Schelbitzki Trust c/o Gary Meistrell Trustee – to widen existing driveway to approx. 35’ on the east side of the NE ¼, Section 14-5-2, Belle Prairie Township;

Cozette Varg – to widen existing driveway to 40’ on the west side of the SW ¼, Section 17-5-4, Bryant Township;

Larry Roush – to replace culvert in existing driveway on the east side of the SE ¼, Section 7-5-4, Bryant Township;

Stewart Dand – to install a new 40’ driveway on the west side of the SW 1/4, Section 33-8-1, Exeter Township;

Bill Slezak – to widen existing driveway to 40’ on the north side of the NE ¼, Section 34-7-1, Liberty Township;

Loren Stephenson – to install a new 30’ driveway on the west side of the SW ¼, Section 10-7-2, Madison 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 PERMIT

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

Nancy O’Connor: to clean silt from the road ditch adjoining the west and north side of the NW ¼, Section 5-8-3, West Blue 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.

OCCUPY COUNTY RIGHT-OF-WAY

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

Alltel – to bury a communications cable between Sections 9 & 16-7–3, Geneva 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.

Alltel – to bury a communications cable between Sections 25 & 26-7-1 and Section 35 & 36-7-1, Liberty 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.

Alltel – to bury a communications cable between Sections 2 & 3-8-2, Fairmont 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.

Alltel – to bury a communications cable between Section 31 & 32-7-2 and 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.

Steve Ewalt – to bury an electric line between the NW ¼, Section 32-7-2 and the SW ¼, Section 29-7-2, Madison 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 condition as it was prior to the work and such restoration will be accomplished to the reasonable satisfaction of Fillmore County Officials.

Albert A. Kliewer – to bury an electric line between the SW 1/4 of the SE ¼, Section 36-9-4 in York County and the NW ¼, Section 1-8-4, Grafton 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 condition as it was prior to the work and such restoration will be accomplished to the reasonable satisfaction of Fillmore County Officials.

Lola Konzak – to bury an electric line between the SW ¼, Section 17-6-4 and the NW ¼, Section 20-6-4, Momence 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 condition 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: Kimbrough, Cerny, Mueller, Galusha, Capek, Yates, and Simacek

Nays: None

The Chairman declared the motion carried.

LETTING DATE FOR CONCRETE PAVING ON COUNTY ROAD G

Highway Superintendent, Elmer Hessheimer requested that the letting for Concrete Paving Project for County Road G be March 25^th at 10:00 a.m.

PUBLIC HEARING FOR ONE (1) AND SIX (6) YEAR HIGHWAY PLAN

The public hearing for the One (1) and Six (6) year County Highway Improvement Plan was opened at 9:45 a.m.

With no public comment, the hearing was closed at 10:00 a.m.

ONE (1) AND SIX (6) YEAR HIGHWAY PLAN

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

RESOLUTION 2006-11

ACCEPTING THE ONE (1) AND SIX (6) YEAR HIGHWAY IMPROVEMENT

PROGRAM FOR THE COUNTY OF FILLMORE, NEBRASKA.

BE IT RESOLVED, by the Chairman and Supervisors of Fillmore County that:

It is hereby found and determined that:

1. The Program for distribution of the Highway Allocation Funds to provide additional funds to counties for road related maintenance and construction.

2. In order to qualify for said funds the County must, among other things, prepare an annual One (1) and Six (6) Year Program for highway improvements, conduct a local public hearing and submit the results to the Board of Public Roads Classification and Standards.

3. The County of Fillmore, Nebraska does hereby adopt the 2006-2007 One (1) and Six (6) Year Program as proposed by the Fillmore County Highway Superintendent, with no changes.

Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the resolution adopted.

NACO LEASE PURCHASE AGREEMENT

Robin Meyer, with Blue Valley Community Action (BVCA) asked the Board to refinance their NACO Lease Purchase Agreement from February 16, 2001 for an additional five (5) years.

After discussion, Cerny moved and Kimbrough seconded the motion to approve the Chairman to sign the NACO Lease Purchase Agreement with BVCA with requested changes. Upon roll call, the vote was as follows:

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

Nays: None Abstaining due to conflict of interest: Simacek

The Chairman declared the motion carried.

PUBLIC HEALTH SOLUTIONS

E. J. Schumaker, Public Health Solutions Director presented the annual report to the Board.

FISCAL YEAR AUDIT REVIEW

Ron Willnerd, with Contryman & Associates presented the 2004-2005 fiscal year audit review to the Board.

CLOSED SESSION FOR PERSONNEL

Kimbrough moved and Simacek seconded the motion that the Fillmore County Board hold 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: Galusha, Capek, Yates, Simacek, Kimbrough, and Mueller

Nays: None Absent: Cerny

The Chairman declared the motion carried and requested that Ron Willnerd from Contryman & Associates and County Clerk remain. Closed session began at 11:09 a.m.

RETURN TO REGULAR SESSION

Capek moved and Kimbrough seconded the motion to return to open session at 11:18 a.m. Upon roll call, the vote was as follows:

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

Nays: None Absent: Cerny

The Chairman declared the motion carried.

PUBLIC HEARING TO AMEND COMPREHENSIVE PLAN AND FUTURE LAND USE

The public hearing to amend the Comprehensive Plan and Future Land Use Plan for Fillmore County and village of Exeter, Fairmont, Grafton, Milligan, Ohiowa and Shickley was opened at 1:00 p.m. Planning and Zoning Administrator, Gerald Slezak reviewed the changes that the Planning Commission requested with the Board.

With no public comment, the hearing was closed at 1:35 p.m.

AMEND COMPREHENSIVE PLAN AND FUTURE LAND USE

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

RESOLUTION 2006-09

WHEREAS, the County of Fillmore has previously adopted and has in place a Comprehensive Plan, which includes a Future Land Use Plan

WHEREAS, the Fillmore County Planning Commission has held a hearing and has recommended changing the Future Land Use Plan in the East ½ of Section 36-8-3 from Agricultural to Industrial uses and changing to Commercial uses land along Highway 81 in Sections 36-8-3, 31-8-2, 25-8-3. 30-8-2, 24-8-3, and 19-8-2 and removing Large Lot Residential use in Sections 19-7-2, 13-7-3, and 13-8-3.

NOW, THEREFORE, BE IT RESOLVED by the Fillmore County Board of Supervisors that the Comprehensive Plan and Future Land Use Plan for Fillmore County and the Village of Fairmont be amended in the following areas: Change from Agricultural to Industrial Uses the E ½ of Section 36-8-3, and change to Commercial Uses an area along Highway 81, 1,320 feet in width and parallel to Highway 81 in Sections 36-8-3, 31-8-2, 25-8-3, 30-8-2, 24-8-3, and 19-8-2 and Change from Large Lot Residential to Agricultural Uses land in Sections 19-7-2, 13-7-3, and 13-8-3.

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.

PUBLIC HEARING FOR PERMISSIVE EXEMPTIONS

The public hearing for permissive exemptions was opened at 1:30 p.m.

With no public comment, the hearing was closed at 1:45 p.m.

BOARD OF EQUALIZATION

At the request of the County Assessor, Yates moved and Kimbrough seconded the motion to go into session as the Fillmore County Board of Equalization at 1:37 p.m. 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.

TAX CORRECTIONS

Simacek moved and Capek seconded the motion to approve Tax Corrections 09-05, 10-05, and 11-05 as presented by the County Assessor. 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.

PERMISSIVE EXEMPTIONS

Capek moved and Cerny seconded the motion to accept the Permissive Exemption applications as presented by the County Assessor. 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.

RETURN TO REGULAR SESSION

Capek moved and Kimbrough seconded the motion to adjourn as Board of Equalization and return to regular session of the Fillmore County Board of Supervisors at 2:00 p.m. Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the motion carried.

GENERAL ASSISTANCE

Nancy Bettin, with Health & Human Services reviewed with the Board a few of the General Assistance Guidelines. After discussion, the Board will review all the General Assistance Guidelines due to fact that they haven’t been updated since 1986.

BOARD OF EQUALIZATION

At the request of the County Treasurer, Capek moved and Galusha seconded the motion to go into session as the Fillmore County Board of Equalization at 3:26 p.m. 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.

HEARING FOR EXEMPTION FROM MOTOR VEHICLE FEES

The County Treasurer presented an application from Grafton Holy Cross Cemetery for exemption from motor vehicle fees.

Kimbrough moved and Galusha seconded the motion to approve the application from the Grafton Holy Cross Cemetery for exemption from motor vehicle fees on a 1996 Utility Trailer. 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.

RETURN TO REGULAR SESSION

Galusha moved and Yates seconded the motion to adjourn as Board of Equalization and return to regular session of the Fillmore County Board of Supervisors at 3:29 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.

911 TOWER INSPECTION

Terry Marshall, Emergency Manger; Brad Stark, Platte Valley Communications, and the Board of Supervisors conducted an inspection of the Tower.

ADDING SECURITIES

Cerny moved and Kimbrough seconded the introduction of the following resolution:

RESOLUTION 2006-10

RESOLVED, that the Cornerstone Bank of York, Nebraska be allowed to add the following securities issued by the Union Bank & Trust Company of Lincoln, Nebraska:

CUSIP number 986356ED1 in the amount of $50,000.00, maturity date March 1, 2012

Upon roll call, the vote was as follows:

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

Nays: None Absent: Capek

The Chairman declared the resolution adopted.

AERIAL PHOTOS

Gerald Slezak informed the Board that the aerial photos have been completed by GIS Workshop, which includes the City of Geneva, Exeter, Fairmont, Grafton, Shickley, Strang, Ohiowa, and Milligan.

TRAILBLAZER RC & D

Kimbrough moved and Simacek seconded the motion to appoint Larry Cerny as the Fillmore County Representative and Patt Lentfer as an alternate for Fillmore County on the Trailblazer RC & D Council. Upon roll call, the vote was as follows:

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

Nays: None Abstaining due to conflict of interest: Cerny

The Chairman declared the motion carried.

TRAILBLAZER RC & D

Patt Lentfer, Fillmore County Development Corp. presented the annual report for Trailblazer RC & D.

After discussion, Simacek moved and Capek seconded the motion to approve the dues in the amount of $100.00 for Trailblazer RC & D. 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.

FEE REPORTS

Simacek moved and Galusha seconded the motion to approve the following fee reports for January 2006:

Sheriff: $1,660.03 Clerk of the District Court: $938.26

County Clerk: $10,667.76 (State share: $6,211.07 & County share: $4,456.69)

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.

BOARD ROOM RECORDING

After discussion, Cerny moved and Yates seconded the motion to accept the proposal from Communications Engineering, Inc. for an eight (8) channel microphone mixer and a dual cassette recorder including material and installation for $1,589.00. Upon roll call, the vote was as follows:

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

Nays: None Absent: Simacek

The Chairman declared the motion carried.

RECONSIDER MOTION REGARDING NACO LEASE PURCHASE

After discussion and advice from the NACO Attorney, Kimbrough moved and Capek seconded the motion to reconsider the previous motion regarding the NACO Lease Purchase Agreement. Upon roll call, the vote was as follows:

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

Nays: None Absent: Simacek

The Chairman declared the motion carried.

NACO LEASE PURCHASE AGREEMENT

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

RESOLUTION 2006-08

A RESOLUTION AUTHORIZING THE PREPAYMENT OF LEASE-PURCHASE

AGREEMENT DATED FEBRUARY 16, 2001, IN THE AMOUNT OF $59,511.67

AND APPROVING THE EXECUTION AND PERFORMANCE OF A NEW LEASE-

PURCHASE AGREEMENT WITH NACO LEASING CORPORATION FOR THE PROPERTY.

BE IT RESOLVED by the Board of Supervisors of the County of Fillmore, in the State of Nebraska, that this Board hereby approves and authorizes the full prepayment of the Lease-Purchase Agreement dated February 16, 2001, in the amount of $59,511.67 for the acquisition of a Mennonite Church and related equipment, fixtures, and improvements on Lots One (1), Two (2), and Three (3), except the North Eighty (N 80’) feet thereof and all Lots Four (4) and Five (5), Block Fifteen (15), Grandview Addition to the City of Geneva as surveyed, platted, and recorded, Fillmore County, Nebraska (the “Property”), by the County of Fillmore, and the adoption of a new Lease-Purchase Agreement with respect to the Property, with terms as follows, to include such changes as are deemed reasonable or necessary by the Chairman of the Board of Supervisors.

1. Principal Amount: $51,020.00

2. Interest Rate: 3.850%

3. Payment Amount: $5,657.62

4. Term: February 15, 2006 through February 15, 2011

5. Payment Frequency: Semiannually

Settlement and closing of the Lease-Purchase Agreement shall be on or about February 15, 2006. NACO Leasing Corporation shall, on behalf of the County of Fillmore, remit payment in the amount of $50,000.00, and Blue Valley Community Action shall remit payment in the amount of $9,511.67, to Geneva State Bank, P. O. Box 313, Geneva, Nebraska 68361-0313 (I.D. No 47-0171400) for prepayment of the Lease-Purchase Agreement dated February 16, 2001, in the amount of $59,511.67 on the date on which NACO Leasing Corporation receives the new signed Lease-Purchase Agreement dated February 15, 2006, in the amount of $51,020.00 and accompanying documents from the County, and shall apply the balance to costs of issuance of the new Lease-Purchase Agreement.

BE IT FURTHER RESOLVED, that the Chairman or Vice Chairman of the Board of Supervisors and the County Clerk are hereby authorized and directed to sign the Lease-Purchase Agreement and related certificates and documents.

Upon roll call, the vote was as follows:

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

Nays: None Absent: Simacek

The Chairman declared the resolution adopted.

ADJOURNMENT

Agenda item “Fee Schedule for Zoning Applications” was tabled until the next Board meeting. As there were no other items to come before the Board, the Chairman declared the meeting adjourned until 9:00 a.m. on February 28, 2006.

____________________________________ _____________________________________________

Attest Chairman