The Fillmore County Board of Supervisors convened in open and public session at 9:00 a.m., September 12, 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 the 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 3:00 p.m.

 

MINUTES APPROVED

 

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

 

REPORTS

 

            The June and July 2006 reports for the Fillmore County Rural Transit and the minutes of the Fillmore County Hospital Governing Board were reviewed and ordered placed on file in the County Clerk’s office.

 

            The following is a synopsis of the July minutes of the Fillmore County Hospital Governing Board:

 

                The Fillmore County Hospital Governing Board met on July 20, 2006 in the conference room at the hospital at 12:00 noon with Chairman Marget presiding.  Members present were Hoarty, Ozenbaugh, Nelson, Johnson, and Eichelberger.  Ozenbaugh and Nelson were excused at 1:10 p.m.

 

                The minutes of the June meeting were accepted as presented.  Marget welcomed Hoarty and Ozenbaugh to the Governing Board.

 

                Eichelberger gave an update from the Attorney General’s office, and updated the new Board members on several items and functions of the Board.

 

                It was moved and seconded to appoint Hoarty to become the new Secretary/Treasurer.

 

                The hospital data and financial reports, and check register were presented.  After discussion, it was moved and seconded to accept the reports as presented.  Carried 3-0.

 

                After discussion it was moved and seconded to approve the following three physicians for consulting medical staff privileges, Miles Tommeraasen, MD; Todd Tessendorf, MD; and Jason Helvey, MD.  Carried 3-0.

 

                As there was no further business to come before the Board, it was moved and seconded that the meeting adjourn until August 17, 2006 in the hospital conference room.

 

FEE REPORTS

 

            Galusha moved and Yates seconded the motion to approve the fee reports for August 2006:

 

County Clerk: August $7,760.00 (State $4,291.32 & County $3,468.68)

Clerk of District Court: August $559.34

Sheriff: August $1,531.84

 

            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.

 

FALL 2006 CHOICE PROGRAM AGREEMENT WITH AQUILA

 

            After discussion, Yates moved and Capek seconded the motion not to approve the Fall 2006 Choice Program Agreement with Aquila.  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.

 

DRIVEWAY PERMITS

 

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

 

            George Hendricks – to widen existing driveway to 40’ on the east side of the SE ¼, Section 25-6-2, Chelsea Township;

            Advanced BioEnergy, LLC – to widen existing driveway to 40’ and replace culvert on the north side of the NE ¼, Section 36-8-3, West Blue Township;

            Bettger Farms, Inc. – to install a new 40’ driveway on the east side of the SE ¼, Section 4-8-2, Fairmont Township.

 

            Upon roll call, the vote was as follows:

 

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

Nays: None                   Abstaining due to conflict of interest: Cerny

 

            The Chairman declared the motion carried.

 

OCCUPY COUNTY RIGHT-OF-WAY

 

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

 

            Perennial Public Power District – to install underground cable between the SE ¼, Section 6-6-1 and the SW ¼, Section 5-6-1, Glengary Township.  Perennial Public Power District 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.

            Little Blue Natural Resources District – to install a flood control dam, with a flood pool 1860’ east of the SW corner of Section 35-5-1, Franklin Township, on the County line.  Little Blue Natural Resources District 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.

 

            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.

 

CERTIFCATION OF COMPLIANCE PROJECT #C003003320

 

            After discussion, Simacek moved and Kimbrough seconded the introduction of the following resolution for the Concrete Box Project located in 2-3 Fairmont Township:

 

RESOLUTION 2006-35

 

            The County Board of Supervisors of Fillmore County, having met on the 12th day of September, 2006 hereby authorized the County Board Chairperson and the County Highway Superintendent to sign on behalf of the County, a Certification of Compliance for Structure No. C003003320.

 

            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.

 

CERTIFICATION OF COMPLIANCE PROJECT #C003002705

 

            Kimbrough moved and Cerny seconded the introduction of the following resolution for the Concrete Box Project located in 5-6 Chelsea Township:

 

RESOLUTION 2006-36

 

            The County Board of Supervisors of Fillmore County, having met on the 12th day of September, 2006 hereby authorized the County Board Chairperson and the County Highway Superintendent to sign on behalf of the County, a Certification of Compliance for Structure No. C003002705.

 

            Upon roll call, the vote was as follows:

 

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

Nays: None

 

            The Chairman declared the resolution adopted.

 

ENGINEER SELECTION

 

            After discussion, Cerny moved and Galusha seconded the motion for projects over $40,000.00 to enter into a three (3) year contract with a Construction Engineer, after the selection committee selects the engineer.  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.

 

ROAD 7, SOUTH OF GRAFTON

 

            After discussion, Galusha moved and Yates seconded the motion to direct Highway Superintendent, Elmer Hessheimer to contact landowners and discuss the options of removing the driveway or installing a culvert to existing driveways along Road 7, south of Grafton.  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.

 

MOTOR GRADER BIDS

 

            Bids for a new motor grader were opened at 10:00 a.m.  The following bids were received:

 

            Bidder                          Make                                                                Cash Price       Trade Price

Fairbanks New Holland              2004 New Holland, RG200-13, 396.2 hrs. $114,900.00      $  89,900.00

            Grand Island

Nebraska Machinery Co.            2007 Caterpillar, 12H VHP Plus, 4 – 10 hrs.         $179,727.00      $152,902.00

            Lincoln

Mid-Land Equipment                 2006 Case, 885, 80 hrs.                                     $169,692.62      $149,692.62

            Lincoln

Murphy Tractor & Equip. Co.      2007 John Deere & Co., 770D, New                    $183,360.00      $153,360.00

            Grand Island                                                                                         ($3,800.00 deduction for tires)

Murphy Tractor & Equip. Co.      2006 John Deere & Co., 770D, Approx. 50 hrs.   $176,650.00      $146,650.00

            Grand Island                                                                                         ($3,800.00 deduction for tires)

Murphy Tractor & Equip. Co.      2007 John Deere & Co., 670D, New                    $166.900.00      $136,900.00

            Grand Island                                                                                         ($3,800.00 deduction for tires)

 

MOTOR GRADER LETTING

 

            After discussion and review of all bids, Kimbrough moved and Capek seconded the motion to purchase the 2006 John Deere & Co., 770D, to take the $3,800.00 discount for tires and to purchase the five (5) year warranty for a total of $148,295.00.  Upon roll call, the vote was as follows:

 

Ayes: Galusha, Capek, Simacek, and Kimbrough

Nays: Yates, Cerny, and Mueller

 

            The Chairman declared the motion carried.

 

SKID STEER LOADER BIDS

 

            Bids for a new motor grader were opened at 11:00 a.m.  The following bids were received (each bid consists of several add on options):

 

            Bidder                          Make                                                                Cash Price       Trade Price

South Central Bobcat, Hastings 2006 Bobcat, T300 (vertical lift), 1 – 2 hrs.          $37,475.46        $32,475.46

South Central Bobcat, Hastings 2006 Bobcat, T250 (radius lift), 1 – 2 hrs.            $35,882.06        $30,882.06

South Central Bobcat, Hastings 2006 Bobcat, T190, 1 – 2 hrs.                             $28,749.76        $23,749.76

South Central Bobcat, Hastings 2006 Bobcat, T180 (radius lift) 1 – 2 hrs.             $27,448.09        $22,448.09

Murphy Tractor & Equip.            2006 John Deere, CT322, 1 hour             $35,500.00        $29,500.00

            Lincoln

Murphy Tractor & Equip.            2006 John Deere, CT322, Approx. 60 hrs.           $37,500.00        $31,500.00

            Lincoln

Fairbanks New Holland              2006 New Holland, C185, New                            $39,589.00        $33,089.00

            Grand Island

Mid-Land Equipment                 2006 Case, 440CT, New                         $44,110.64        $42,110.64

            Lincoln

Nebraska Machinery Co.            2006 Caterpillar, 257B, New                                $36,200.00        $32,930.00

            Lincoln

Nebraska Machinery Co.            2006 Caterpillar, 277B, New                                $44,976.00        $41,706.00

            Lincoln

 

            Highway Superintendent, Elmer Hessheimer will review the bids and report back to the Board at the September 26, 2006 meeting.

 

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 & P Process Service

Ser

$30.50

Howard F. Ach, Atty

Rent, Post, Sup, Misc.

3,157.44

Joan Ackland

Wksh, Meal

68.45

Jon Anderson

Uni, Post

52.66

Andrews Electric Co., Inc.

Rep

168.25

Aquila

Uti

57.05

Aramark Uniform Services, Inc.

Ser

271.61

Auto Value Parts Stores

Sup

22.83

Blue Cross/Blue Shield of Nebraska

Insur

14,597.61

Sandra Bolejack

Misc.

121.56

Bottorf & Maser, Atty.

Ser, Mile, Misc.

1,244.52

William L. Burgess

Uni, Meals, Mile, Lodging

133.86

Daryl L. Callenius

Uni

35.00

City of Geneva

Uti

679.10

Conoco Phillips Fleet

Fuel

1,793.43

Dr. R. J. Cronk

Ser

25.00

DAS Communications

Ser

448.00

Des Moines Stamp

Sup

292.00

Duckwall – Alco Stores, Inc.

Sup

58.25

Eakes Office Plus, Inc.

Sup, Ser, Equip

1,332.70

Earls Window Service

Ser

5.00

Jeffrey D. Ebeling

Uni

35.00

Evercom

Sup

232.63

Executive Copier Service

Ser

164.77

F & S Supply Co., Inc.

Sup

388.16

Fillmore County Hospital

Ser

1,046.10

Fillmore County Treasurer

Insur, Wksh, Transfers

421,213.09

First Concord Benefits Group, LLC

Ser

39.00

Fort Dearborn Life Insurance Co.

Insur

201.87

Fountaine Microfilming

Ser

400.00

Galls – An Aramark Co.

Sup

192.79

Teri Gemar

Mile, Wksh

343.70

Geneva State Bank

SS

2,886.78

Hilty’s of Geneva

Sup

261.40

Holiday Inn

Lodging

127.90

Hometown Leasing

Ser

583.45

JEO Consulting Group, Inc.

Ser

1,100.00

Jim’s Repair

Rep

29.75

Steve Julich

Uni

35.00

Kerry’s Auto Repair & Service

Rep, Parts

544.63

Knoche Appraisal & Consulting, LLC

Ser, Mile

2,280.00

Kustom Signals, Inc.

Sup

72.00

Lynn Peavey Company

Sup

39.90

MIPS, Inc.

Ser

2,085.63

Rich Mueller/Tom Biegert

Rent

625.00

Naber’s Repair Service

Sup

21.75

Nebraska Child Support Enforcement Assoc.

Wksh

95.00

The Nebraska Signal

Ads, Sup, Pro, Subscription

971.32

Nelson Petroleum Co.

Fuel

901.53

Nick’s Farm Store

Rep

108.69

Mary Novak

Mile, Wksh

111.75

O’Keefe Elevator Co., Inc.

Rep, Main

190.65

Operation Respond Institute, Inc.

Ser

100.00

R & D Parts, LLC

Sup

128.05

Ralph’s Geneva Tire & Service Center

Rep, Main

401.35

Region V Systems

EPC Ser

330.00

Steven G. Roemmich

Uni

35.00

Seiler & Parker, P. C.

Ser, Mile

236.83

State of Nebraska Crime Commission

Sup

6.00

State of Nebraska Dept. of Admin. Services

Ser

54.83

State of NE HHS Laboratory

Ser

75.00

Stolz’s Shooting Supplies

Sup

23.75

Chad Summers

Uni

35.00

Thayer County Sheriff

Ser

27.35

Tri – Tech, Inc.

Sup

41.50

UN-L IS – Telecommunications

Uti

25.71

Union Bank & Trust

Ret

2,344.59

Brandy VanDeWalle

Mile

182.45

Windstream

Uti

491.16

Jannette Wood

Misc

281.40

York County Sheriff

Ser, Mile

18.80

Payroll

Salaries

40,085.97

 

 

 

ROAD/BRIDGE FUND

 

 

Action Auto Supply

Parts, Rep

45.69

Alltel

Uti

83.53

Andrews Electric Co., Inc.

Rep

1,916.20

Aquila

Uti

62.74

Auto Value Parts Stores

Parts, Rep, Sup

463.48

B & J Automotive

Parts

459.06

Blue Cross/Blue Shield of Nebraska

Insur

10,562.49

Business World Products

Rep

29.25

Casey’s General Store

Fuel

47.70

Century Lumber Center

Rep, Sup

278.81

City of Geneva

Uti

53.80

Conoco Phillips Fleet

Fuel

292.54

Don’s Signs

Sup

169.00

Dorchester Farmers Coop

Fuel, Sup

7,833.66

Farm Plan

Parts, Rep

536.73

Fillmore County Shop

Post, Parts, Rep, Fuel

25.70

Fillmore County Treasurer

Wksh

36.00

Fillmore County Treasurer

Insur

67,370.33

Filter Care of Nebraska

Parts

101.90

Fort Dearborn Life Insurance Co.

Insur

124.59

Gambles

Rep, Sup

177.31

Geneva Implement

Parts, Misc.

115.04

Geneva State Bank

SS

1,782.77

Geneva Welding & Supply Co.

Sup, Materials

444.13

Grafton Mini Mart

Fuel

149.97

Grafton Oil

Fuel, Sup

1,434.97

Hilty’s of Geneva

Sup

7.45

Lichti Oil

Fuel

3,093.49

Marlbourough

Sup

34.00

Michl Service

Fuel

120.59

Nebraska Assoc. of County Officials

Wksh

30.00

National Assoc. of County Engineers

Misc.

33.00

Nebraska Bolt

Parts

65.94

Nebraska Iowa Industrial Fasteners

Sup

132.60

The Nebraska Signal

Ad

58.61

Nelson Petroleum Company

Fuel, Sup, Parts

5,063.79

Newman Traffic Signs

Sup

3,799.40

Nichols Construction

Gravel

49,932.81

Overland Sand & Gravel

Gravel

21,278.48

Perennial Public Power

Uti

52.35

Power Plan

Parts

285.99

R & D Auto Parts

Parts, Sup

228.58

Ralph’s Geneva Tire & Service

Rep

177.70

Shell

Fuel

77.00

Speece Lewis Engineers

Ser

2,348.00

Superior Deshler, Inc.

Fuel

55.60

Union Bank & Trust

Ret

1,548.66

Village of Exeter

Uti

15.00

Village of Fairmont

Uti

15.35

Weaver Pharmacy

Misc

7.49

Payroll

Salaries

24,506.61

 

 

 

JUVENILE DIVERSION FUND

 

 

Fillmore County Clerk

Copies

1.75

Dave Wythers

Ser, Post, Uti

2,817.00

 

 

 

MEDICAL / RELIEF FUND

 

 

Weaver Pharmacy

Sup

701.58

 

 

 

INSTITUTIONS FUND

 

 

State of Nebraska Health & Human Services

July Patient Care

195.00

 

 

 

SENIOR SERVICES FUND

 

 

Janet Bartak

Mile

161.98

Blue Cross/Blue Shield of Nebraska

Insur

949.44

Dawg’s Smokehouse Café

HDM’s

265.00

Exeter Care Center

HDM’s

227.50

Exeter Golden Agers

June USDA, LAAA

284.20

Fairmont Aging Services

June USDA, LAAA

1,806.17

Fillmore County Treasurer

Insur

167.23

Fort Dearborn Life Insurance Co.

Insur

11.30

Geneva Senior Center

June USDA, LAAA, Uti, Sup, Rent

2,843.44

Geneva State Bank

SS

169.45

Nancy Kohler

Sup, Mile

122.86

Elizabeth Mattox Manning

Ser

132.00

Ron’s Tavern

HDM’s

280.00

Rhonda Stokebrand

Mile

72.09

Union Bank & Trust

Ret

134.09

Payroll

Salaries

2,248.18

 

 

 

HOSPITAL OPERATING FUND

 

 

Fillmore County Hospital

August Taxes

23,744.78

 

 

 

NOXIOUS WEED FUND

 

 

Action Auto Supply

Sup

15.01

Alltel

Uti

38.44

Blue Cross/Blue Shield of Nebraska

Insur

474.72

City of Geneva

Uti

7.10

Conoco Phillips Fleet

Fuel

318.42

Merlin Ehmen

Meals, Lodging, Mile, Post, Sup

448.70

Fillmore County Treasurer

Insur

4,966.23

Fort Dearborn Life Insurance Co.

Insur

1.42

Geneva State Bank

SS

87.33

Union Bank & Trust

Ret

77.06

Payroll

Salaries

1,141.66

 

 

 

 

CLAIMS APPROVED

 

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

 

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

Nays: None                   Abstaining due to conflict of interest: Yates

 

            The Chairman declared the motion carried.

 

BUDGET HEARING

 

            The hearing on the county’s budget for 2006-2007 was opened at 1:00 p.m. as advertised.

 

REPLACING SECURITIES

 

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

 

RESOLUTION 2006-37

 

            RESOLVED, that Geneva State Bank of Geneva, Nebraska be permitted to replace the following security held by Wells Fargo Bank, Minnesota:

 

            Letter of Credit #12688, in the amount of $30,000.00

 

and that the following security be replaced by:

 

            Midwest Independent Bank, Letter of Credit #41084, in the amount of $30,000.00

 

            Upon roll call, the vote was as follows:

 

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

Nays: None

 

            The Chairman declared the resolution adopted.

 

MILLIGAN RURAL FIRE DISTRICT BOND

 

            Capek moved and Yates seconded the motion to approve the bond for the Milligan Rural Fire District Secretary/Treasurer Henry J. Rohla for a term beginning on September 13, 2006 and ending September 13, 2008.  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.

 

BOARD OF EQUALIZATION

 

            At the request of the County Clerk, Yates moved and Simacek seconded the motion to go into session as the Fillmore County Board of Equalization at 1:08 p.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 CHANGE

 

            Kimbrough moved and Cerny seconded the motion to approve the valuation change presented by the County Assessor.  It 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, Kimbrough

Nays: None

 

            The Chairman declared the motion carried.

 

TAX CORRECTIONS

 

            Capek moved and Simacek seconded the motion to approve tax corrections 22-05 and 23-05 as presented by the County Assessor.  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.

 

SPECIAL HEARING TO SET FINAL TAX REQUEST

 

            The special hearing on setting the final tax request at a different amount than the prior tax request opened at 1:15 p.m.  No on appeared to testify at the hearing.

 

ADDITIONAL BUDGET AUTHORITY

 

            Cerny moved and Yates seconded the motion to authorize up to one per cent additional budget authority as allowed by statute.  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.

 

BUDGET ADOPTED

 

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

 

RESOLUTION 2006 - 38

 

            WHEREAS, a proposed County Budget for the Fiscal Year July 1, 2006 to June 30, 2007, prepared by the Budget Making Authority, was transmitted to the County Board on the 22nd day of August, 2006, and hearing on said budget was held on the 12th day of September, 2006 and the budget was adopted.

 

            NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Fillmore County, Nebraska as follows:

 

            Section 1: That the amended budget for the Fiscal Year July 1, 2006 to June 30, 2007, as evidenced by the Budget Document be, and the same hereby is, adopted as the budget for Fillmore County for said fiscal year.

 

            Section 2: That the offices, departments, activities, and institutions herein named are hereby authorized to expend the amounts herein appropriated to them during the fiscal year beginning July 1, 2006 and ending June 30, 2007.

 

            Section 3: That the income necessary to finance the appropriations made and expenditures authorized shall be provided out of the unencumbered cash balance in each fund, revenues other than taxation to be collected during the fiscal year in each fund, and tax levy requirements for each fund.

 

            Upon roll call, the vote was as follows:

 

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

Nays: None

 

            The Chairman declared the resolution adopted.

 

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 1:30 p.m.  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.

 

PUBLIC SERVICE COMMISSION FUNDING

 

            Emergency Manger, Terry Marshall presented a letter to the Public Service Commission for funding on Phase II of the 911 Center.

 

            After discussion, Cerny moved and Yates seconded the motion to approve and sign the letter to the Public Service Commission for funding.  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.

 

2006 HOMELAND SECURITY GRANT

 

            Emergency Manger, Terry Marshall informed the Board that Fillmore County has been granted approx. $58,000.00 for 2006 Homeland Security Grant.

 

            After discussion, Yates moved and Capek seconded the motion to approve the Emergency Manager to accept the 2006 Homeland Security Grant funds.  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.

 

CLOSED SESSION FOR PERSONNEL

 

            Cerny moved and Simacek seconded the motion that the Fillmore County Board hold a closed session at this time pursuant to Section 84-1401, Reissue, Revised Statutes of Nebraska, 1943, for the protection of the public interest and to consider in closed session, personnel items authorized by Statute to be discussed in closed session.  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 and requested that Emergency Manger remain.  Closed session began at 1:43 p.m.

 

RETURN TO REGULAR SESSION

 

            Kimbrough moved and Capek seconded the motion to return the open session at 1:51 p.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.

 

ADVANCED BIOENERGY II SUBDIVISION

 

            Planning and Zoning Administrator, Gerald Slezak submitted the plat for the Advanced BioEnergy II Subdivision, located in the SE ¼, Section 25-8-3, West Blue Township.

 

            Kimbrough moved and Galusha seconded the motion to approve the plat of the Advanced BioEnergy II Subdivision as follows:

 

            A tract of land in the SE ¼ of Section 25, Township 8 North, Range 3 West of the 6th p.m., Fillmore County, Nebraska, described as follows:  Commencing at the SW corner of said SE ¼; thence along the south line of said SE ¼; on the bearing of N89’59’48”E (Bearing assumed and all of the bearings referenced therefrom), distance 86.00 feet to a point of the easterly R.O.W. line of Fillmore Western Railroad and the point of beginning; thence N00’17’32”W along the easterly right of way line of Fillmore Western Railroad, distance 1450.00 feet; thence N89’59’48”E, distance 55.00 feet; thence S00’17’32”E, parallel to said easterly R.O.W. line of Fillmore Western Railroad, distance 1450.00 feet to a point on the south line of said SE ¼; thence S89’59’48”W along the south line of the SE ¼, distance 55.00 feet to the point of beginning.  Containing 1.83 acres more or less.

 

            Upon roll call, the vote was as follows:

 

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

Nays: None                   Abstaining due to conflict of interest: Cerny

 

            The Chairman declared the motion carried.

 

ADVANCED BIOENERGY IV SUBDIVISION

 

            Planning and Zoning Administrator, Gerald Slezak submitted the plat for the Advanced BioEnergy IV Subdivision, located in the NE ¼, Section 1-7-3, Geneva Township.

 

            Simacek moved and Yates seconded the motion to approve the plat of the Advanced BioEnergy IV Subdivision as follows:

 

            A tract of land in the NE ¼ of Section 1, Township 7 North, Range 3 West of the 6th p.m., Fillmore County, Nebraska more particularly described as follows:  commencing at the northwest corner of said NE ¼ of Section 1; thence along the north line of said NE ¼ on a bearing of S89’58’18”E (bearing assumed and all of the following bearings referenced therefrom), distance 123.00 feet to a point on the easterly R.O.W. line of the Fillmore Western Railroad; thence S00’17’32”E along the easterly Railroad R.O.W, distance 50.00 feet to a point on the south R.O.W. line of the County road and the point of beginning; thence continuing S00’17’32”E along said Railroad R.O.W. line, distance 1449.72 feet; thence N09’12’53”E, distance 973.98 feet; thence N43’32’45”E, distance 225.86 feet; thence N52’45’46”E, distance 226.70 feet; thence N62’46’59”E, distance 247.03 feet; thence N00’01’42”E, distance 74.07 feet to a point on the south R.O.W. line of the County road; thence N89’58’18”W along the south R.O.W. line of the County road, distance 719.16 feet to the point of beginning.  Containing 6.76 acres more or less.

 

            Upon roll call, the vote was as follows:

 

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

Nays: None                   Abstaining due to conflict of interest: Cerny

 

            The Chairman declared the motion carried.

 

CLOSED SESSION FOR LITIGATION

 

            Cerny moved and Capek seconded the motion that the Fillmore County Board hold a closed session at this time pursuant to 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: Yates, Simacek, Kimbrough, Cerny, Mueller, Galusha, and Capek

Nays: None

 

            The Chairman declared the motion carried and requested that Highway Superintendent and County Clerk remain.  Closed session began at 2:17 p.m.

 

RETURN TO REGULAR SESSION

 

            Capek moved and Yates seconded the motion to return to open session at 2:55 p.m.  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.

 

GENERAL ASSISTANCE GUIDELINES

 

            After discussion, Yates moved and Cerny seconded the motion to approve and adopt the General Assistance Guidelines for Fillmore County as of October 1, 2006.  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.

 

ADJOURNMENT

 

            Agenda items “Highway 81 & Road G lighting and Region V Systems/Public Health funding” were tabled until the September 26th Board meeting.  As there were no other items to come before the Board, the Chairman declared the meeting adjourned until 9:00 a.m., September 26, 2006.

 

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Attest                                                                           Chairman