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 6th 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