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.	4^th 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, 4^th Qtr. Adv.	296.80
Fairmont Aging Services	March USDA, 4^th Qtr. Adv.	1,775.39
Fort Dearborn Life Insurance Co.	Insur	11.30
Geneva Senior Center	Sup, Rent, March USDA, Uti, 4^th 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 3^rd and 4^th. 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