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