The Fillmore County Board of Supervisors convened in open and public session at 9:00 a.m., May 23, 2006, in the Courthouse Boardroom in Geneva, Nebraska with Chairman Mueller presiding.  Members present were Cerny, Kimbrough, Yates, Capek, Galusha, and Simacek.  Capek was absent after 11:30 a.m.  The County Clerk was present to record the minutes of the meeting.

 

            Notice of 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 3:12 p.m.

 

MINUTES APPROVED

 

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

 

DRIVEWAY PERMIT

 

            Kimbrough moved and Capek seconded the motion to approve the following application for a driveway permit:

 

            Mike Motis – to install a new 20’ driveway on the south side of the SW ¼, Section 1-6-3, Stanton 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.

 

OCCUPY COUNTY RIGHT-OF-WAY

 

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

 

            Alltel Communications – the bury communication cable between Sections 30 and 31-8-2, 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 Communications – to bury communication cable between Section 19-7-1, Liberty Township and Section 24-7-2, Madison 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: Galusha, Capek, Yates, Simacek, Kimbrough, Cerny, and Mueller

Nays: None

 

            The Chairman declared the motion carried.

 

MAINTENANCE OF ROADWAY

 

            After discussion, Cerny moved and Yates seconded the motion to approve and sign the letters to the adjoining landowners of the below legal descriptions that it is their responsibilities to mow the ditches twice per year according to State Law.  These are the three areas: County Road 12 from County Road L to State Highway 41, County Road 13 (13th Street – old Highway 81) from County Road L north to new Highway 81 bypass on the north side of KANEB storage tanks, and County Road L from County Road 13 (13th Street – old Highway 81) to County Road 12.  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.

 

NARROWING ROAD 20

 

            After discussion, Yates moved and Cerny seconded the motion to narrow Road 20 to 32 feet between Highway 41 and Road R.  Upon roll call, the vote was as follows:

 

Ayes: Yates, Cerny, and Mueller

Nays: Simacek, Kimbrough, Galusha, and Capek

 

            The Chairman declared that the motion failed.

 

2006 HOMELAND SECURITY GRANT

 

            Emergency Manager, Terry Marshall presented to the Board his request for 2006 Homeland Security Grant money for taking part in two regional grant projects.  First project is to establish a Citizens Corps Council and contract regionally with Volunteer Partners in Lancaster County and the second project is to establish a regional communications link between all communications centers.

 

            After discussion, Capek moved and Simacek seconded the introduction of the following resolution:

 

RESOLUTION 2006-20

 

            RESOLVED, that in order to provide for a coordinated grant application on behalf of the 1st responders in Fillmore County, the Board of County Supervisors has reviewed the grant process and application and has approved the submittal to the State of Nebraska for 2006 Grant funding of two regional partnership grants.

 

            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.

 

BOARD OF EQUALIZATION

 

            At the request of the Fillmore County Assessor, Capek moved and Galusha seconded the motion to go into session as the Fillmore County Board of Equalization at 10:53 a.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.

 

VALUATION CHANGES

 

            Cerny moved and Yates seconded the motion to approve the list of valuation changes that didn’t get completed prior to the Abstract deadline.  A complete list was ordered to be filed in the County Clerk’s office.  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.

 

RETURN TO REGULAR SESSION

 

            Yates 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 10:56 a.m.  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.

 

PUBLIC DEFENDER

 

            Brad Kalkwarf, Public Defender presented to the Board his budget request for 2006-2007.  Brad will draw up a contract to have the Board approve.  Action on the request will be taken during the budget process later this summer.

 

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 – service, SS – social security, Sup – supplies, Uni – uniform allowance, Uti – utilities, Wksh – workshop expense.

 

GENERAL FUND

 

 

A – 1 Body & Glass

Rep

$1,084.90

Howard Ach, Atty.

Ser

150.00

Alltel

Uti

127.66

Alltel

Uti

160.48

Ameritas Life Insurance Corp.

Ret

2,162.08

Aramark Uniform Services, Inc.

Ser

258.84

Vernon Berggren

Set-up Polling Site

20.00

Blue Valley Community Action Partnership

4th Qtr. Budget request

5,000.00

Merle Buzek

Set-up Polling Site

20.00

Garold & Wilma Casper

Set-up Polling Site

20.00

Larry Cerny

Mile

169.10

County Assessor’s Association of Nebr.

Dues

50.00

Crete Area Medical Center

Ser

68.00

The Daily Record

Ad

263.30

Douglas County Sheriff

Ser

17.85

Drummond American Corp.

Sup

133.95

Eakes Office Plus

Sup

614.39

Earls Window Service

Ser

4.00

Farm & Home Publishers, LTD

Sup

178.00

Fillmore County Ag Society

Election Rent

300.00

Fillmore County Court

Ser

742.25

Fillmore County Treasurer

April Taxes transfer

333,127.74

Gambles

Sup

14.24

The Garbage Company

Ser

117.25

Geneva State Bank

Ser

25.00

Geneva State Bank

SS

2,584.78

Geneva State Bank – Shickley

Election Rent

35.00

Geneva Super Foods

Sup

22.47

Germer, Murray, & Johnson, Atty.

Ser, Mile

2,505.72

Grafton Fire Hall

Election Rent

35.00

Hilty’s of Geneva

Groceries

404.51

Holiday Inn – Midtown

Lodging, Meals

317.10

Hometown Leasing

Ser

238.62

Information Systems

Sup

104.80

Intab, Inc.

Sup

74.32

Jack’s Uniforms & Equipment

Sup

54.89

JEO Consulting Group, Inc.

Ser

935.00

Jim’s Repair

Rep

29.75

Kalkwarf & Smith Law Offices

Ser, Post, Sup

2,918.23

Steven Kraviec

Ser, Post

1,632.17

Letter Publications, Inc.

Subscription

239.00

Loup Valley Lighting, Inc.

Sup

102.76

Mel’s Automotive

Rep

10.00

Microfilm Imaging Systems, Inc.

Ser

100.00

Mid – American Research Chemical Corp.

Sup

346.70

John Mueller

Set-up Polling Site

20.00

Nebraska National Bank

Ser

187.59

Nebraska Public Power District

Uti

820.71

Nebraska Sheriff’s Association

Dues

120.00

Nebraska Supreme Court

Subscription

350.00

Nebraska Technology & Telecommunications, Inc.

Uti

1,125.58

Amy Nelson

Sup, Mile

43.81

Mary Novak

Mile

66.75

Pierson, Fitchett, Hunzeker, Blake, & Katt, Atty.

Ser, Mile, Sup

1,492.40

Redfield & Company, Inc.

Sup

161.75

Rinder Printing Company

Sup

42.69

Saline County Sheriff Office

Boarding Prisoners

1,755.00

State of Nebraska Dept. of Admin. Services

Ser

52.57

Dale Stengel

Set-up Polling Site

20.00

Herb Stoldorf

Set-up Polling Site

20.00

Sunflower Marketing

Sup

719.25

Text & Data Technologies, Inc.

Sup

850.00

Brandy VanDeWalle

Mile

89.89

Village of Exeter

Election Rent

35.00

Village of Fairmont

Election Rent

35.00

Nancy Waldron, Atty.

Ser, Sup

308.42

ZCBJ Lodge

Election Rent

35.00

Payroll

Salaries

36,038.63

Election Workers Payroll

Salaries

4,300.00

 

 

 

ROAD/BRIDGE FUND

 

 

Ace Agri Supply

Rep

4.20

Ameritas Life Insurance Corp

Ret

1,513.10

B & J Automotive

Parts

128.00

Casey’s General Store

Fuel

2,154.60

Don’s Signs

Signs

576.50

Dorchester Farmers Coop

Fuel, Parts

19,634.45

Farm Plan

Parts, Rep

205.74

Fillmore County Treasurer

Sup, Culverts

30,719.54

Gambles

Sup, Parts, Misc.

248.86

The Garbage Company

Ser

56.47

Geneva State Bank

SS

1,738.36

Grafton Mini Mart

Fuel

92.43

Grafton Oil

Fuel, Sup

845.34

Hilty’s of Geneva

Sup

27.05

Lichti Oil

Fuel

958.91

Nebraska Iowa Industrial Fasteners

Sup

335.50

Nebraska Machinery

Parts, Rep

9,936.60

Nebraska Public Power

Uti

172.50

Nebraska Technology & Telecommunications, Inc.

Uti

111.63

Overland Sand & Gravel

Gravel

2,162.48

Glen Petersen

Ser

2,378.99

Donna Saltzman

Ser

25.00

Speece Lewis Engineers

Ser

7,398.53

Village of Exeter

Uti

15.00

Payroll

Salaries

23,907.91

 

 

 

MEDICAL/RELIEF FUND

 

 

Radiology Associates, P.C.

Ser

24.73

 

 

 

INSTITUTIONS FUND

 

 

State of Nebraska Health & Human Services

April Billing

360.00

 

 

 

SENIOR SERVICES FUND

 

 

Ameritas Life Insurance Corp.

Ret

130.86

Geneva State Bank

SS

165.17

Payroll

Salaries

2,192.32

 

 

 

INHERITANCE TAX FUND

 

 

Central Nebraska Refrigeration, Inc.

Equip, Ser, Sup

24,078.50

 

 

 

NOXIOUS WEED FUND

 

 

Ameritas Life Insurance Corp

Ret

75.73

Geneva State Bank

SS

85.83

Payroll

Salaries

1,121.95

 

 

 

E911 COMMUNICATIONS FUND

 

 

Alltel Communications

Uti

1,062.44

 

 

 

 

CLAIMS APPROVED

 

            Kimbrough moved and Cerny seconded the motion to approve the claims as presented.  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.

 

FILLMORE COUNTY PUBLIC HEALTH BOARD

 

            Simacek moved and Cerny seconded the motion to appoint the following as the Fillmore County Public Health Board: County Attorney, County Sheriff, County Clerk, Fillmore County Hospital Chief of Staff, P. R. Farmer, and Ray Capek until January 2007 and then the term would be for one year.  Upon roll call, the vote was as follows:

 

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

Nays: None                   Abstaining due to conflict of interest: Capek

 

            The Chairman declared the motion carried.

 

FILLMORE COUNTY HOSPITAL BOARD

 

            Galusha moved and Capek seconded the motion to appoint Deborah Hoarty and Vicki Ozenbaugh to the Fillmore County Hospital Board for a six year term beginning on July 1, 2006 and ending June 30, 2012.  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.

 

FAIRMONT RURAL FIRE

 

            Simacek moved and Kimbrough seconded the motion to approve the $2,000.00 bond for George Thompson, Secretary and Treasurer for the Fairmont Rural Fire District beginning on June 30, 2006 and ending June 30, 2007.  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.

 

DISTRICT #12 PROBATION

 

            John McCathy, Jr., District #12 Probation Officer submitted the budget request for 2006-2007, with no increase in the amount of $2,633.61.  Action on the request will be taken during the budget process later this summer.

 

CONTRACT WITH DEPARTMENT OF ECONOMIC DEVELOPMENT

 

            Simacek moved and Kimbrough seconded the motion to approve and sign contract #05-ED-008 with the Department of Economic Development for the Community Development Block Grant for County Road G.  Upon roll call the vote was as follows:

 

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

Nays: None                   Abstaining due to conflict of interest: Cerny

 

            The Chairman declared the motion carried.

 

CONTRACT WITH SENDD

 

            Dave Taladay, with Southeast Nebraska Development District (SENDD) presented to the Board a contract to administer the Community Development Block Grant (CDBG).

 

            Yates moved and Galusha seconded the motion to approve and sign the contract with SENDD to administer the CDBG grant for a fee of $5,000.00.  Upon roll call, the vote was as follows:

 

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

Nays: None

 

            The Chairman declared the motion carried.

 

BOND CLOSING DOCUMENTS

 

            Kimbrough moved and Galusha seconded the motion to approve and sign the final closing documents for the $400,000 bonds approved at the May 8th Board meeting.  Upon roll call, the vote was as follows:

 

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

Nays: None                   Abstaining due to conflict of interest: Cerny

 

            The Chairman declared the motion carried.

 

SAFETY MEETING TOPICS

 

            Gerald Slezak reported to the Board that the Safety committee would like to have job descriptions from each department head and to request each employee to authorize a driver’s record history to have in their personnel file.  The Board would like each department head to have a descriptive job description for each position in their office by July 1st and the County Clerk will be getting all employees an authorization form to obtain a driver’s record history.

 

COURTHOUSE TOURS

 

            At the request of the Safety Committee, Cerny moved and Yates seconded the motion to not allow courthouse tours past the old jury room.  Upon roll call, the vote was as follows:

 

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

Nays: None

 

            The Chairman declared the motion carried.

 

INVESTIGATING TEAM

 

            After discussion, Cerny moved and Kimbrough seconded the motion to appoint the following individuals to the investigating team: Gerald Slezak for a three year term, Terry Marshall for a two year term, Daryl Callenius for a one term beginning on June 1, 2006.  Terri Volkmer will be an alternate and will replace the first individual going off their term.  Upon roll call, the vote was as follows:

 

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

Nays: None

 

            The Chairman declared the motion carried.

 

10 BEST SAFETY PRACTICES

 

            At the request of the Safety Committee, Simacek moved and Yates seconded the motion to adopt the 10 Best Practices for Counties suggested by NIRMA.  They are Adopt an effective safety manual, Establish a safety committee and conduct regular meetings, Investigate all incidents and events, Provide training to all employees, including supervisors, on a regular basis, Develop job descriptions for all positions, Provide pre-placement and post-placement physical exams, Conduct regular motor vehicle record checks on all employees, Inspect all workplace sites on a regular basis, Use appropriate safety equipment at all times, and Follow nationally-recognized Safety Standards as a guide.  Upon roll call, the vote was as follows:

 

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

Nays: None

 

            The Chairman declared the motion carried.

 

ADVANCED BIOENERGY SUBDIVISION

 

            Planning and Zoning Administrator, Gerald Slezak presented the plat for the Advanced BioEnergy Subdivision located in the NE ¼ and the SE ¼ of Section 36-8-3, West Blue Township.

 

            Kimbrough moved and Simacek seconded the motion to approve the plat of the Advanced BioEnergy Subdivision with the proper signatures as follows:

 

            A tract of land in the NW ¼, and the SE ¼ of Section 36, Township 8 North, Range 3 West of the 6th P. M., Fillmore County, Nebraska more particularly described as follows: commencing at the northwest corner of the NE ¼ of Section 36; thence north 89’59’48” east along the north line of the NE ¼ of Section 36 (Bearing assumed and all of the following bearings referenced therefrom) distance 86.00 feet to the easterly R.O.W. line of Fillmore Western Railroad and the point of beginning; thence continuing north 89’59’48” east along the north line of the NE ¼ distance 150.00 feet; thence south 00’17’32” east parallel to the easterly railroad R.O.W. line distance 2257.65 feet; thence north 89’59’48” east parallel to the north line of the NE ¼ of said Section 36 distance 953.90 feet; thence south 00’06’32” west parallel to the west line of the NE ¼ and the SE ¼ of Section 36 distance 3030.42 feet to the south line of the SE ¼ of Section 36; thence north 89’58’18” west along the south line of the SE ¼ of Section 36 distance 1082.67 feet to the easterly R.O.W. line of Fillmore Western Railroad; thence north 00’17’32” west along the easterly R.O.W. line of Fillmore Western Railroad distance 5287.51 feet to the point of beginning, containing 83.83 acres more or less.

 

            Upon roll call, the vote was as follows:

 

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

Nays: None                   Abstaining due to conflict of interest: Cerny

 

            The Chairman declared the motion carried.

 

EMERGENCY DECLARED TO ADD ITEM TO AGENDA

 

            At the request of the County Treasurer, Barbara Stephenson, Yates moved and Galusha seconded the motion to declare an emergency in order to add an item to the agenda, said item “Bankruptcy of 360 Networks/Pathnet”.  Upon roll call, the vote was as follows:

 

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

Nays: None

 

            The Chairman declared the motion carried.

 

BANKRUPTCY OF 360 NETWORK/PATHNET

 

            County Treasurer informed the Board that she had received a request to accept 40% of back taxes from a bankruptcy representative for 360 Network/Pathnet.

 

            After discussion, Yates moved and Cerny seconded the motion to authorize the County Treasurer to accept the bankruptcy settlement of 40% to pay a portion of the back taxes with 360 Network/Pathnet.  Upon roll call, the vote was as follows:

 

Ayes: Cerny, Mueller, Yates, and Kimbrough

Nays: Galusha and Simacek

 

            The Chairman declared the motion carried.

 

GENERAL ASSISTANCE

 

            After discussion the Board decided to appoint Larry Cerny, Dennis Kimbrough, Ray Capek, and Amy Nelson to the General Assistance committee.  This committee will meet and review the general assistance guidelines and report back to the Board for approval at the June 27th Board meeting.

 

CONFERENCE ROOM HEATING & A/C

 

            Elmer Hessheimer presented to the Board two proposals for heating and air conditioning in the conference room of the County Shop.  The two proposals were from Schelkopf, Inc. for “Lennox” furnace and heat pump for $15,895.00 and Kelch Plumbing, Heating & Refrigeration, Inc. for a “Tempstar” furnace and heat pump for $14,599.00.

 

            After discussion, Cerny moved and Yates seconded the motion to accept the proposal from Kelch Plumbing, Heating & Refrigeration, Inc. for $14,599.00.  Upon roll call, the vote was as follows:

 

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

Nays: None

 

            The Chairman declared the motion carried.

 

ADJOURNMENT

 

            Agenda items “Telephone & DSL service, e-mail, and bill from Charles Dondlinger” 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. June 13, 2006.

 

______________________________________                  _____________________________________________

Attest                                                                           Chairman