The Fillmore County Board of Supervisors convened in open and public session at 9:00 a.m., June 13, 2006, in the Courthouse Boardroom in Geneva, Nebraska with Chairman Mueller presiding.  Members present were Cerny, Kimbrough, Yates, Capek, Galusha, and Simacek.  Cerny was absent from 9:45 a.m. to 11:50 a.m. and Mueller and Cerny left at 12:20 p.m.  The County Clerk was present to record the minutes of the meeting.

 

            Notice of the meeting was given by posting in eight different locations and by broadcasting on radio station KAWL.  All proceedings hereinafter shown were taken while the convened meeting was open to the public.  The meeting adjourned at 12:35 p.m.

 

MINUTES APPROVED

 

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

 

FEE REPORTS

 

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

 

County Clerk: $6,133.66 (State $3,213.05 & County $2,920.61)

Clerk of District Court: $638.26

Sheriff: $1,071.96

 

            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.

 

BLUE VALLEY COMMUNITY ACTION

 

            Richard Nation, Chief Executive Officer and Sandi Danskin presented the annual report and budget request for 2006-2007.  The budget request for the County increased to $3,714.00 or $143.00 more than 2005-2006 budget year.  Action on the request will be taken during the budget process later this summer.

 

INTERLOCAL AGREEMENT WITH BLUE VALLEY COMMINUITY ACTION

 

            Richard Nation also presented to the Board the renewal of an interlocal agreement to provide and maintain a certain basic level of public services for their residents, especially in the areas of human services, health, housing, community development, emergency services, safety and other community improvements along with Butler, Gage, Jefferson, Polk, Saline, Seward, Thayer, and York Counties.

 

            Cerny moved and Kimbrough seconded the motion to approve and sign the interlocal agreement with Blue Valley Community Action.  Upon roll call, the vote was as follows:

 

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

Nays: None                   Abstaining due to conflict of interest: Simacek

 

            The Chairman declared the motion carried.

 

DRIVEWAY PERMITS

 

            Kimbrough moved and Yates seconded the motion to approve the following applications for a driveway permit:

 

            Mildred Fischer – install a new 40’ driveway on the east side of the SE ¼, Section 18-5-4, Bryant Township;

            Doris Poch – install a new 30’ driveway on the west side of the SW ¼, Section 7-6-1, Glengary Township.

 

            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.

 

OCCUPY COUNTY RIGHT-OF-WAY

 

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

 

            Kevin Postier – to bury electrical line between the NW ¼, Section 20-5-1 and the SW ¼, Section 17-5-1, Franklin Township.  The owner agrees to cooperate fully with the officials of Fillmore County and will keep them fully informed of all construction or maintenance work required.  The surface of the road 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.

 

            Alltel – bury communications cable between Sections 23 and 24-7-3, 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.

 

            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.

 

BILL FROM CHARLES DONDLINGER

 

            After discussion, Kimbrough moved and Galusha seconded the motion to pay Charles Dondlinger $593.00, which is half of his original bill for repairing underground wire that was cut when cleaning out the ditch.  Upon roll call, the vote was as follows:

 

Ayes: Kimbrough, Galusha, Capek, and Simacek

Nays: Cerny, Mueller, and Yates

 

            The chairman declared the motion carried.

 

HIGHWAY 81 COURTHOUSE SIGN

 

            After discussion, Simacek moved and Kimbrough seconded the motion to approve paying $200.00, which is a 1/3 of the rent on the Courthouse sign located north of Hebron on Hwy. 81.  The Tourism Committee and the Geneva Chamber of Commerce have also agreed to pay a 1/3 of the rent.  Upon roll call, the vote was as follows:

 

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

Nays: None

 

            The Chairman declared the motion carried.

 

PLANNING COMMISSION BOARD

 

            Yates moved and Galusha seconded the motion to appoint Matt Harre to the Planning Commission board for the term of June 13, 2006 until June 30, 2009.  Upon roll call, the vote was as follows:

 

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

Nays: None

 

            The Chairman declared the motion carried.

 

E-MAIL AND WEB SITE HOSTING

 

            After discussion, Yates moved and Capek seconded the motion to have MIPS, Inc. host our web site and to support our e-mails.  Upon roll call, the vote was as follows:

 

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

Nays: None

 

            The Chairman declared the motion carried.

 

SALARY COMMITTEE

 

            Simacek moved and Yates seconded the motion to appoint Dennis Kimbrough, Jerry Galusha, and Ray Capek to the 2006-2007 salary committee.  Upon roll call, the vote was as follows:

 

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

Nays: None

 

            The Chairman declared the motion carried.

 

BLUE CROSS/BLUE SHIELD

 

            Amy Nelson, County Clerk reported to the Board that the Blue Cross/Blue Shield Insurance rates went up 4%, effective July 1, 2006 to June 30, 2007.

 

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 – uniforms, Uti – utilities, Wksh – workshop expense.

 

GENERAL FUND

 

 

Howard Ach, Atty

Rent, Post, Sup, Copies, Mile, Meals, Wksh

$3,385.75

Joan Ackland

Mile, Meal

69.02

Alltel

Uti

368.37

Alltel

Uti

49.37

Ameritas Life Insurance Corp.

Ret

4,347.10

Jon Anderson

Uni, Misc

51.94

Aquila

Uti

66.20

Aramark Uniform Services, Inc.

Ser

263.45

Auto Value Parts Stores

Sup

3.38

Axis Capital, Inc.

Ser

243.32

Nicole Avis

Meals

19.90

Blue Cross/Blue Shield of Nebraska

Insur

14,036.15

William L. Burgess

Uni, Meals, Mile

71.05

Buzz’s Alignment

Rep

60.00

Daryl L. Callenius

Uni, Meals, Post

48.11

Chaney Chemical, Inc.

Sup

19.75

Marilyn Christiancy

Ret

25.00

City of Geneva

Uti

127.10

City of Geneva

Rent

440.00

Jill R. Cunningham

Mile

195.80

DAS Communications

Ser

448.00

Dell Marketing, L. P.

Equip

639.11

Des Moines Stamp

Sup

89.40

Duckwall – Alco Stores, Inc.

Sup

72.28

Eakes Office Plus

Equip, Sup

3,044.79

Earls Window Service

Ser

4.00

Jeffrey D. Ebeling

Uni

35.00

Election Systems & Software

Sup, Ser

3,629.88

Evercom

Sup

75.50

Executive Copier Services

Ser

78.65

F & S Supply Co., Inc.

Sup

261.00

Fillmore County Clerk of District Court

Fees

1,500.00

Fillmore County Court

Ser

793.30

Fillmore County Development Corp.

4th Qtr. Budget Request

10,000.00

Fillmore County Treasurer

Post, Wksh, Misc., Ser, Sup

2,495.31

First Concord Benefits Group, LLC

Ser

39.00

Fort Dearborn Life Insurance Co.

Insur

190.57

Fountaine Microfilming

Ser

400.00

The Garbage Co.

Ser

117.25

Geneva State Bank

SS

5,337.12

Geneva TV & Appliance, Inc.

Sup

6.00

Norma Gregory

Ret

25.00

Hometown Leasing

Ser

304.72

Steve Julich

Uni

35.00

Kalkwarf & Smith Law Offices, LLC

Ser, Post, Sup

2,875.62

Kerry’s Auto Repair & Service

Rep

40.13

Knoche Appraisal & Consulting, LLC

Ser

1,140.00

Stephen Kraviec, Atty

Ser, Post

1,636.01

Lab Safety Supply

Sup

128.23

Gary Latimer

Ser

624.00

Lease Consultants Corp.

Ser

249.00

Loup Valley Lighting, Inc.

Sup

716.40

Ann McDonald

Ret

18.00

Maximus, Inc.

Ser

1,294.78

MIPS, Inc.

Ser

1,910.55

Moses Motor Company, Inc.

Sup

80.61

Richard Mueller/Tom Biegert

Rent

625.00

Naomi Mussman

Mile, Meals

160.21

Nebraska County Attorneys Assoc.

Dues, Wksh

756.50

Nebraska Fire Sprinkler Corp.

Ser

423.00

The Nebraska Signal

Ads, Pro, Ballots, Sup

14,268.59

Amy Nelson

Mile

67.20

Nelson Petroleum Co.

Fuel

672.25

O’Keefe Elevator Co., Inc.

Ser

190.65

Omaha World-Herald

Subscription

182.00

PC Nuts

Ser, Sup

531.50

Protex Central, Inc.

Ser

729.60

R & D Parts, LLC

Sup

21.26

Ralph’s Geneva Tire Co.

Rep, Tires

862.26

Redfield & Company, Inc.

Sup

188.54

Steven G. Roemmich

Uni

35.00

Patty Scarborough

Mile

7.12

State of Nebraska DAS/Surplus Property Div.

Sup

10.00

Barbara L. Stephenson

Sup

19.73

Chad Summers

Uni

35.00

UN-L IS-Telecommunications

Uti

29.26

USDA, APHIS

Ser

1513.00

Weaver Pharmacy

Sup

4.98

Daniel L. Werner, P.C., LLO

Ser

460.85

Eric Williams

Lodging

80.39

Wingate Inn

Lodging

191.85

York County Sheriff

Ser

16.00

Payroll

Salaries (2 pay periods)

74,269.02

 

 

 

ROAD/BRIDGE FUND

 

 

Action Auto Supply

Sup

6.91

All Road Barricades, Inc.

Sup

53.95

Alltel

Uti

84.52

Ameritas Life Insurance Corp

Ret

3,045.83

Aquila

Uti

97.68

Auto Value Parts Stores

Rep, Sup

297.27

Blue Cross/Blue Shield of Nebraska

Insur

10,612.69

Business World Products

Sup

29.25

Capitol City Telephone

Equip

688.00

Casey’s General Store

Fuel

2,479.48

Caspers Construction

Ser, Building

19,932.00

Century Lumber Center

Sup

118.21

City of Geneva

Uti

310.30

Conoco Phillips Fleet

Fuel

3.00

Dollar General

Sup

15.50

Dorchester Farmers Coop

Fuel

3,245.42

Fillmore County Hospital

Ser

30.00

Fort Dearborn Life Insurance Co.

Insur

130.24

The Garbage Company

Ser

56.47

Geneva Implement

Parts

115.85

Geneva State Bank

SS

3,559.08

Geneva Welding

Sup

30.82

Ralph Gould

Ret

18.00

Grafton Oil

Fuel, Sup

1,981.71

Hilty’s of Geneva

Sup

67.75

Donovan Jirkovsky

Ret

25.00

L. J. Webb Contractor, Inc.

Ser, Culverts

97,201.53

Lichti Oil

Fuel

2,180.34

Logan Contractors Supply, Inc.

Equip

7,189.50

Marlborough

Sup

22.00

Mid-Land Equipment Co.

Parts, Sup

50.25

Moses Motor Company, Inc.

Rep

4.02

Nebraska Iowa Industrial Fasteners

Sup

62.80

Nebraska Machinery

Parts

366.54

Nebraska Tech & Telecommunications, inc.

Uti

120.66

Nelson Petroleum Company

Fuel, Parts

4,060.72

Nichols Construction

Gravel

98,242.66

Nick’s Farm Store

Rep

52.51

Overland Sand & Gravel

Gravel

3,469.62

Perennial Public Power

Uti

57.92

Platte Valley Communications

Misc

79.80

Plymouth Electric

Rep

442.50

Power Plan

Parts

393.13

R & D Parts, LLC

Parts, Sup

25.43

Ralph’s Geneva Tire & Service

Rep, Tires

694.89

Superior Deshler, Inc.

Fuel

99.25

Texaco / Shell

Fuel

121.46

Tie Yard of Omaha

Gravel

1,570.17

USIS Commercial Services

Ser

89.70

Village of Exeter

Uti

16.00

Village of Fairmont

Uti

15.21

Weaver Pharmacy

Misc

14.32

Payroll

Salaries (2 pay periods)

48,892.90

 

 

 

MEDICAL/RELIEF FUND

 

 

Bryan LGH Heart Institute

Ser

317.56

Radiology Associates PC

Ser

152.16

York Medical Clinic

Ser

133.97

 

 

 

SENIOR SERVICES FUND

 

 

Ameritas Life Insurance Corp

Ret

253.90

Janet Bartak

Mile

189.13

Blue Cross/Blue Shield of Nebraska

Insur

912.42

CIMA

Insur

1,123.60

Dawg’s Smokehouse Café

HDM’s

215.00

Judy Dondlinger

Ser

240.00

Exeter Care Center

HDM’s

423.50

Exeter Golden Agers

Sup, March USDA, 4th Qtr. Adv.

296.80

Fairmont Aging Services

March USDA, 4th Qtr. Adv.

1,775.39

Fort Dearborn Life Insurance Co.

Insur

11.30

Geneva Senior Center

Sup, Rent, March USDA, Uti, 4th Qtr. Adv.

3,021.65

Geneva State Bank

SS

320.84

Susan Kerl

Ser

156.00

Nancy Kohler

Mile, Post

132.97

Elizabeth Mattox Manning

Ser

156.00

Nebraska Signal

Ad

18.90

Ron’s Tavern

HDM’s

276.00

Rhonda Stokebrand

Mile

81.66

JoAnn Vavra

Ser

156.00

Youth Rehabilitation & Treatment Center

Pool Rent

150.00

Payroll

Salaries (2 pay periods)

4,260.65

 

 

 

DEQ – TIRE CLEAN-UP GRAND FUND

 

 

Butler County Landfill, Inc.

Ser

3,152.52

FMZ Association

Ser

143.00

Fillmore County Treasurer

Transfer

1,600.00

The Nebraska Signal

Ad

37.80

 

 

 

INHERITANCE TAX FUND

 

 

Fillmore County Treasurer

Transfer

10,000.00

 

 

 

ETHANOL ROAD BOND FUND

 

 

Gillmore & Bell, Atty

Ser

4,643.80

 

 

 

NOXIOUS WEED FUND

 

 

Ace Agri Supply

Parts

272.71

Action Auto Supply

Parts

10.00

Alltel

Uti

39.24

Ameritas Life Insurance Co.

Ret

151.46

Blue Cross/Blue Shield of Nebraska

Insur

456.46

Brothers Equipment, Inc.

Parts

381.00

Conoco Phillips Fleet

Fuel

334.68

Merlin Ehmen

Rent

220.00

Ekeler Repair

Parts, Rep

339.16

Fillmore County Treasurer

Repay Loan

5,000.00

Fort Dearborn Life Insurance Co.

Insur

1.42

Geneva State Bank

SS

325.97

Grafton Mini Mart

Fuel

1,047.55

Payroll

Salaries (2 pay periods)

4,261.17

 

 

 

E911 COMMUNICATIONS FUND

 

 

Alltel

Uti

1,062.44

 

 

 

 

CLAIMS APPROVED

 

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

 

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

Nays: None                   Abstaining due to conflict of interest: Yates

 

            The Chairman declared the motion carried.

 

JUVENILE DIVERSION PROGRAM

 

            Dave Wythers presented his budget request for 2006-2007 to the Board.  The budget request for the County decreased to $25,545.00 or $7,520.00 less than 2005-2006 budget year.  Action on the request will be taken during the budget process later this summer.

 

RELEASE OF SECURITIES

 

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

 

RESOLUTION 2006-21

 

            RESOLVED, that the Geneva State Bank of Geneva, Nebraska, be allowed to withdraw the following security held by Federal Home Loan Bank to-wit:

 

                        Letter of Credit Agreement #9149 for $2,400,000.00

 

Upon roll call, the vote was as follows:

 

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

Nays:  None

 

            The Chairman declared the resolution adopted.

 

SUBSTITUTE SECURITIES

 

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

 

RESOLUTION 2006-22

 

            RESOLVED, that Cornerstone Bank of Geneva, Nebraska be permitted to substitute the following security held by the U. S. Bank, Trustee:

 

            CUSIP # 018708DY0  Alliance Water Rev. in the amount of $100,000.00

 

and that the following security be substituted:

 

            CUSIP # 259282T92 Douglas County Sanitary in the amount of $85,000.00

 

            Upon roll call, the vote was as follows:

 

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

Nays: None

 

            The Chairman declared the resolution adopted.

 

REGION V SERVICES AND REGION V SYSTEMS

 

            Dave Merrill from Region V Services presented the annual report and his 2006-2007 budget request to the Board.  Budget request will remain the same as last year.  Action on the request will be taken during the budget process later this summer.

 

            C. J. Johnson from Region V Systems presented the annual report and the 2006-2007 budget request to the Board.  The budget request for the County increased to $10,494.00 or $306.00 more than 2005-2006 budget year.  Action on the request will be taken during the budget process later this summer.

 

BUDGET HEARING

 

            The public hearing on the proposed amendment to the budget for 2005-2006 was opened at 11:06 a.m. and held open until 11:30 a.m.  The purpose of this hearing was to add a fund for the Ethanol Plant Road Bond Fund.  No one appeared to testify either for or against the proposal.

 

COURTHOUSE RENOVATION LAWSUIT

 

            Howard Ach, Deputy County Attorney informed the Board that William Nelson, Attorney would be drawing up papers to file a lawsuit in regards to the failed chiller.

 

CHILD SUPPORT

 

            Howard Ach, Deputy County Attorney informed the Board that the County Attorney’s office would be willing to handle the Child Support cases for an additional $17,000.00 a year.  This would be a reduction from our current Child Support Attorney agreement of $19,495.00.

 

CHILD SUPPORT AGREEMENT

 

            Mary Saum, Clerk of the District Court presented the cooperative agreement for Child Support Enforcement.

 

            Simacek moved and Galusha seconded the motion to approve and sign the cooperative agreement for Child Support Enforcement.  Upon roll call, the vote was as follows:

 

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

Nays: None

 

            The Chairman declared the motion carried.

 

ADOPT AMENDED BUDGET

 

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

 

RESOLUTION 2006-23

 

            RESOLVED, that the amendment to the 2005-2006 budget for Fillmore County, as advertised and heard at the public hearing held June 13, 2006, be approved, and the 2005-2006 budget for Fillmore County is hereby amended to reflect the changes as advertised and adopted.  Upon roll call, the vote was as follows:

 

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

Nays: None

 

            The Chairman declared the resolution adopted.

 

BOARD OF EQUALIZATION

 

            At the request of the County Treasurer, Simacek moved and Capek seconded the motion to go into session as the Fillmore County Board of Equalization at 11:32 a.m.  Upon roll call, the vote was as follows:

 

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

Nays: None

 

            The Chairman declared the motion carried.

 

HEARING FOR EXEMPTION FROM MOTOR VEHICLE FEES

 

            The County Treasurer presented an application from Wells Camp Jefferson C/O Grace Lutheran Church for exemption from motor vehicle fees.

 

            Yates moved and Galusha seconded the motion to approve the application from Wells Camp Jefferson C/O Grace Lutheran Church for exemption from motor vehicle fees on a 2001 Trailer.  Upon roll call, the vote was as follows:

 

Ayes: Capek, Yates, Simacek, Kimbrough, 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 Blue Valley Community Action for exemption from motor vehicle fees.

 

            Kimbrough moved and Capek seconded the motion to approve the application from Blue Valley Community Action for exemption from motor vehicle fees on a 1996 Ford Taurus GL Station Wagon, 2004 Chevrolet Venture Sport Van, and a 2002 Ford Econoline Wagon Bus.  Upon roll call, the vote was as follows:

 

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

Nays: None                   Abstaining due to conflict of interest: Simacek

 

            The Chairman declared the motion carried.

 

RETURN TO REGULAR SESSION

 

            Capek 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 11:35 a.m.  Upon roll call, the vote was as follows:

 

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

Nays: None

 

            The Chairman declared the motion carried.

 

RESCIND MOTION FOR BANKRUPTCY OF 360 NETWORK/PATHNET

 

            County Treasurer, Barbara Stephenson informed the Board that after talking to Lancaster County Attorney, that the Board is not the only taxing authority, so the Board couldn’t accept the offer from the bankruptcy representative of 40% for back taxes from 360 Network/Pathnet.

 

            After discussion, Yates moved and Kimbrough seconded the motion to rescind the motion from the May 23, 2006 Board meeting of accepting 40% back taxes from a bankruptcy representative for 360 Network/Pathnet.  Upon roll call, the vote was as follows:

 

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

Nays: None

 

            The Chairman declared the motion carried.

 

COURTHOUSE TOURS

 

            Marilyn Christiancy asked the Board if there could be courthouse tours on July 3rd and 4th.  The Board said that would be fine.

 

ADJOURNMENT

 

            As there were no other items to come before the Board, the Vice-Chairman declared the meeting adjourned until 9:00 a.m., June 27, 2006.

 

_______________________________________                ______________________________________

Attest                                                                                       Chairman