The Fillmore County Board of Supervisors convened in open and public session at 9:00 a.m., July 11, 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 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 as open to the public. The meeting adjourned at 2:52 p.m.

MINUTES APPROVED

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

FEE REPORTS

Capek moved and Galusha seconded the motion to approve the fee reports for June 2006 and Quarterly:

County Clerk: June 2006 $8,937.06 (State $4,905.84 & County $4,031.22)

Quarterly: $26,108.47 (State $15,184.55 & County $10,923.92)

Clerk of District Court: June 2006 $550.65; Quarterly $1,708.97

Sheriff: June 2006 $2,236.46; Quarterly $4,475.07

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.

SECRETARY/TREASURER FOR NACO

Yates moved and Cerny seconded the motion to nominate Dennis Kimbrough for Secretary/Treasurer for the Nebraska Association of County Officials. Upon roll call, the vote was as follows:

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

Nays: None Abstaining due to conflict of interest: Kimbrough

The Chairman declared the motion carried.

OCCUPY COUNTY RIGHT-OF-WAY

Yates moved and Capek seconded the motion to approve the following applications for a permit to occupy county right-of-way:

Advanced BioEnergy, LLC – to install a railroad crossing between the SE ¼, Section 36-8-3, West Blue Township and the NE ¼, Section 1-7-3, Geneva 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.

Advanced BioEnergy, LLC – to install a railroad crossing between the NE ¼, Section 36-8-3 and the SE ¼, Section 25-8-3, West Blue 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 Communications – to bury communication cable between Sections 27 & 34 and 33 & 3-8-1, Exeter Township. Alltel agrees to restore the public roads where it will be working to the same condition as they were prior to its work, and will accomplish such restoration to the reasonable satisfaction of the Fillmore County Officials.

Galaxy Cable, Inc. – to bury a fiber optic cable between Section 36-8-3, West Blue Township and Section 1-7-3, Geneva Township. Galaxy Cable, Inc. agrees to restore the public roads where it will be working to the same condition as they were prior to its work, and will accomplish such restoration to the reasonable satisfaction of the Fillmore County Officials.

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.

SHICKLEY NORTH PROJECT #BR-2725(5)

After discussion, Kimbrough moved and Simacek seconded the motion to approve and sign the contract with the State of Nebraska Department of Roads for the Shickley North project #BR-2725(5). The County and State agree that the funding of all eligible project costs will be as follows: 80% Federal-Aid Bridge Replacement funds; 5% State-Aid Bridge funds; and 15% County funds. 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.

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
Howard F. Ach, Atty	Rent, Sup, Post	$3,218.84
Alltel	Uti	164.33
American Legion Emblem Sales	Sup	475.00
Ameritas Life Insurance Corp.	Ret	2,145.78
Jon Anderson	Uni	35.00
Aquila	Uti	56.97
Auto Value Parts Stores	Sup	3.38
Axis Capital, Inc.	Ser	243.32
William L. Burgess	Uni, Meals	41.90
Business Office Systems, Inc.	Sup	25.00
Daryl L. Callenius	Uni, Meals	45.22
Century Lumber Center	Sup	41.95
Chaney Chemical, Inc.	Sup	410.23
City of Geneva	Uti	559.10
Dell Marketing, L. P.	Sup	89.99
Eakes Office Plus	Sup	653.53
Earls Window Service	Ser	4.00
Jeffrey D. Ebeling	Uni	35.00
Embassy Suites	Lodging	218.00
Executive Copier Services	Ser	61.94
Fillmore County Clerk	Filings	21.00
Fillmore County Treasurer	Interest	158.89
First Concord Benefits Group, LLC	Ser	39.00
Fort Dearborn Life Insurance Co.	Insur	201.87
Geneva State Bank	Sup	61.92
Geneva State Bank	SS	2,683.39
Geneva TV & Appliance, Inc.	Sup, Rep, Equip	313.95
Geneva Welding & Supply, Inc.	Sup	54.40
Hilty’s of Geneva	Sup	453.68
Holiday Inn – Midtown	Lodging	236.00
Home Town Leasing	Ser	169.34
Steve Julich	Uni	35.00
Lab Safety Supply	Sup	190.80
Lancaster County Sheriff	Ser	61.90
Mid-American Research Chemical	Sup	497.34
Bob Mueller	Mile	108.58
Rich Mueller / Tom Biegert	Rent	625.00
Nebraska Assoc. of County Officials	Dues	1,090.00
The Nebraska Signal	Pro, Ads, Notices	650.92
Nelson Petroleum Co.	Fuel	615.51
Nick’s Farm Store Co.	Parts	42.42
Platte Valley Communications	Sup	48.70
Protex Central, Inc.	Rep	333.45
R. L. Polk & Co.	Sup	220.00
Ralph’s Geneva Tire Co.	Rep	38.95
Steven G. Roemmich	Uni, Meals	55.23
Seiler & Parker, P. C.	Ser, Sup	1,243.67
Chad Summers	Uni	35.00
UN-L IS-Telecommunications	Uti	35.22
Brandy VanDeWalle	Mile, Meals	212.37
Darlene Vodicka	Mile	59.63
Eric Williams	Post, Mile	47.80
Payroll	Salaries	37,427.31
ROAD/BRIDGE FUND
Action Auto Supply	Parts	413.23
Alltel	Uti	83.50
Ameritas Life Insurance Corp	Ret	1,519.06
Andrews Electric Co., Inc.	Rep	30.00
Aquila	Uti	55.14
Auto Value Parts Stores	Parts, Sup	263.13
Business World Products	Ser	29.25
Casey’s General Store	Fuel	3,154.94
Century Lumber Center	Sup, Rep, Tools	149.28
City of Geneva	Uti	47.60
Dorchester Farmers Coop	Fuel	1,125.00
Dultmeier Sales	Equip	127.17
Filter Care of Nebraska	Parts	62.95
Fort Dearborn Life Insurance Co.	Insur	130.24
Friesen Chevrolet, Inc.	Parts	79.36
Geneva State Bank	SS	1,751.96
Geneva Welding & Supply Inc.	Sup, Equip	164.08
Grafton Oil	Fuel, Sup	1,398.18
Heath Machine Shop	Rep	25.00
Lichti Oil	Fuel	2,587.90
Midwest Service & Sales	Parts	718.00
Mike’s Radiator & Tire	Rep	50.00
Nelson Petroleum Company	Parts, Fuel	657.74
Nichols Construction	Gravel	18,609.82
Nick’s Farm Store	Rep	100.79
Perennial Public Power	Uti	20.04
R & D Parts, LLC	Sup	84.20
Ralph’s Geneva Tire & Service	Tires, Rep	854.50
Texaco / Shell	Fuel	43.35
Village of Exeter	Uti	15.00
Village of Fairmont	Uti	15.35
Village of Ohiowa	Uti	20.00
Payroll	Salaries	24,104.28
JUVENILE DIVERSION FUND
Fillmore County Clerk	Copies	65.00
ECONOMIC DEV. - TOURISM
FMZ Association	Ad	250.00
Geneva Chamber of Commerce	Ad	200.00
Nebraska Life Publishing, Inc.	Ad	165.00
The Nebraska Signal	Brochures	1,245.50
MEDICAL/RELIEF FUND
Hastings Pulmonary & Sleep	Ser	20.00
SENIOR SERVICES FUND
Ameritas Life Insurance Corp.	Ret	126.97
Janet Bartak	Mile	202.92
Dawg’s Smokehouse Café	HDM’s	185.00
Exeter Care Center	HDM’s	189.00
Fillmore County Rural Transit	Mile	30.00
Fort Dearborn Life Insurance Co.	Insur	11.30
Geneva Senior Center	Rent, Sup, Uti	233.42
Geneva State Bank	SS	163.35
Nancy Kohler	Post, Sup, Mile	179.82
Elizabeth Mattox Manning	Ser	144.00
The Nebraska Signal	Sup	8.75
Ron’s Tavern	HDM’s	216.00
Rhonda Stokebrand	Mile	147.52
Payroll	Salaries	2,168.58
INHERITANCE TAX FUND
Fillmore County Treasurer	Relief Fund	2,000.00
HOSPITAL OPERATING FUND
Fillmore County Hospital	June ’06 taxes	760.04
NOXIOUS WEED FUND
Ace Agri Supply	Rep	29.50
Action Auto Co.	Parts	30.48
Alltel	Uti	39.58
Ameritas Life Insurance Co.	Ret	75.71
Brothers Equipment, Inc.	Parts	227.55
Chaney Chemical Co.	Sup	2,325.45
Conoco Phillips Fleet	Fuel	1,301.01
Merlin Ehmen	Rent, Post, Misc	249.28
Ekeler Repair	Parts, Rep	323.17
Fort Dearborn Life Insurance Co.	Insur	1.42
Geneva Activity & Education Dept.	Ser	94.15
Geneva State Bank	SS	328.91
Grafton Mini Mart	Fuel	485.83
Ralph’s Geneva Tire & Service	Tires, Rep	374.53
Payroll	Salaries	4,299.59

CLAIMS APPROVED

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

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

Nays: None Abstaining due to conflict of interest: Yates

The Chairman declared the motion carried.

BETTGER SUBDIVISION

Planning and Zoning Administrator, Gerald Slezak submitted the plat for the Bettger Subdivision, located in Section 24-8-3, West Blue Township.

Kimbrough moved and Yates seconded the motion to approve the plat of the Bettger Subdivision as follows:

A tract of land comprising of part of the SE ¼ of Section 24, Township 8 North, Range 3 West of the 6^th P.M., Fillmore County, Nebraska, described as follows: commencing at the SE corner of said SE ¼, as assuming the south line of said SE ¼ to have a bearing of N89’47’50”W; thence N89’47’50”W, and on the south line of said SE ¼, 476.59 feet to the point of beginning, said point being a ¾” rebar w/cap; thence continuing N89’47;50”W, and on the south line of said SE ¼, 190.41 feet to a ¾” rebar w/cap; thence N00’12’10”E, and perpendicular to the south line of said SE ¼, 129.50 feet to a ¾” rebar w/cap; thence N54’42’17”E, 272.54 feet to a ¾” rebar w/cap; thence N16’09’15”E, 117.21 feet to a ¾” rebar w/cap; thence N40’53’54”E, 543.11 feet to a ¾” rebar w/cap on the west R.O.W. line of Highway #81; thence S00’00’01”E, and on the west R.O.W. line of said Highway #81, 640.02 feet to a ¾” rebar w/cap; thence S00’02’05”W, and on the west R.O.W. line of said Highway #81, 110.49 feet to a ¾” rebar w/cap; thence S8617’34”W, and on the R.O.W. line of Highway #81, 421.24 feet to a ¾” rebar w/cap; thence S00’27’24”W, 33.00 feet to the point of beginning and containing 5.82 acres more or less of which 0.14 of an acre more or less is occupied by County road R.O.W.

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

After discussion, Kimbrough moved and Galusha seconded the motion to appoint Reg Noel and Merle Noel to the Planning Commission Board for a term of July 1, 2006 until June 30, 2009. 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.

DISTRICT COURT BAILIFF

Vicky Johnson sent in the budget request for the District Court Bailiff for 2006-2007. The budget request for Fillmore County is $6,764.00 with a credit of $1,650.00 (for Bailiff not using insurance) for a total request of $5,114.00, which is $486.00 less that the 2005-2006 budget year. Action on the request will be taken during the budget process later this summer.

CLOSED SESSION FOR LITIGATION

Simacek moved and Yates 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 litigation items authorized by Statute to be discussed in closed session. 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 and requested that Deputy County Attorney, Highway Superintendent, and County Clerk remain. Closed session began at 11:05 a.m.

RETURN TO REGULAR SESSION

Galusha moved and Simacek seconded the motion to return to open session at 11:15 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.

NOTICE OF APPEAL

David Maser, Attorney for Bottorf & Maser and Charles & Bonnie Dondlinger appeared for a rehearing regarding the Board’s previous decision on a claim previously filed. The previous offer by the Board for a comprise settlement of the claim was $593.00, which was half of Mr. Dondlinger’s claim. Mr. Dondlinger explained to the Board the time frame of the events. Deputy County Attorney, Howard Ach and Highway Superintendent, Elmer Hessheimer were also present.

Upon questioning Mr. Dondlinger declined to accept the Board’s previous offer of settlement regarding his claim, which offer was in the amount of $593.00. Upon declining to accept the offer, the Board was requested to reconsider Mr. Dondlinger’s claim.

BILL FROM CHARLES DONDLINGER

After reconsideration of Mr. Dondlinger’s claim, Kimbrough moved and Galusha seconded the motion to pay Charles Dondlinger $593.00, which would have been one half of his original claim and to deny Mike Kamler’s claim in its entirety. Upon roll call, the vote was as follows:

Ayes: Simacek and Kimbrough

Nays: Cerny, Mueller, Galusha, Capek, and Yates

The Chairman declared that the motion failed.

SOUTHEAST NEBRASKA DEVELOPMENT DISTRICT (SENDD)

Dave Taladay, with SENDD presented the annual report and budget request for 2006-2007. The budget request for the County increased to $6,838.00 or $199.00 more than 2005-2006 budget year. Action on the request will be taken during the budget process later this summer.

INFORMAL BUDGET REVIEW

Informal budget reviews for 2006-2007 budgets were held. The following proposed budgets were reviewed:

Board, Civil Defense/Emergency Management, 911 Emergency Services, Veterans Service, Clerk, Register of Deeds, Elections, Data Processing, Waste Oil, Employment Security, Medical/Relief, Institutions, and Ethanol Plant Road Bond

Several suggestions for changes were made. Final action will not be taken until the budget hearing in September.

ADJOURNMENT

Agenda items “Quarantine Area and General Assistance” 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. July 25, 2006.

_____________________________________ _____________________________________________

Attest Chairman