The Fillmore County Board of Supervisors convened in open and public session at 9:00 a.m., September 26, 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 12:15 p.m.

MINUTES APPROVED

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

RURAL APPREHENSION PROGRAM AGREEMENT

After discussion, Capek moved and Cerny seconded the introduction of the following resolution:

RESOLUTION 2006-39

WHEREAS, law enforcement agencies with the following counties: Butler, Clay, Fillmore, Hamilton, Jefferson, Merrick, Nuckolls, Saunders, Seward, Thayer, Webster, and York desire to enter into a cooperative law enforcement effort; and

WHEREAS, the above agencies have submitted a grant application known as the RURAL APPREHENSION PROGRAM (hereafter referred to as RAP 17); and

WHEREAS, the RAP project has been funded by the Nebraska Crime Commission; and

WHEREAS, the various counties, communities, and agencies within those jurisdictions desire to make the most efficient use of the power by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner pursuant to forms of governmental organization that will accord best with geographic, economic, populations, and other facts; and

WHEREAS, an interlocal agreement, consistent with Nebraska Revised Statutes 13-801 et.seq, would be in the best interest of all participating agencies; and

WHEREAS, the agencies desire to enter into a written interlocal agreement for the purposes of carrying out the RAP objectives and grant requirements of the Nebraska Crime Commission.

BE IT RESOLVED THAT, The Fillmore County Board of Supervisors authorizes William L. Burgess to enter Fillmore County into an interlocal agreement for joint and cooperative action pursuant to the provisions of Section 13-801 through 13-807 of Nebraska Revised Statutes. The interlocal agreement shall be for the strict administration of the RAP project and all funds allocated by the Nebraska Crime Commission, and Match dollars allocated by the RAP members. Further, this interlocal agreement shall not establish a separate legal entity, rather a joint and cooperative undertaking between public agencies i.e. state, county, city, and village. (Nebraska Revised Statute 13-801)

Amount of match dollars allocated by the Fillmore County Board of Supervisors for the 2006 - 2007 grant period (RAP 17) will be $3,317.00 (6,634 x $0.50)

Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the resolution adopted.

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	Mile	$43.05
Alltel	Uti	64.89
Joseph N. Bixby DR.	Ser	2,437.50
Blue Cross/Blue Shield of Nebraska	Insur	16,496.49
Brody Chemical	Sup	49.59
Chaney Chemical, Inc.	Sup	504.00
Marilyn Christiancy	Ret	25.00
City of Geneva	Rent	440.00
Drummond American Corp.	Sup	377.73
Fillmore County Building & Grounds	Sup	75.53
Fillmore County Sheriff	Ser, Mile	639.83
Fillmore County Treasurer	Post, Vehicle, Wksh	15,456.20
First Concord Benefits Group, LLC	Ser	39.00
Fort Dearborn Life Insurance Co.	Insur	201.87
The Garbage Company	Ser	117.25
Geneva State Bank	Ser	37.50
Geneva State Bank	SS	2,815.57
Norma Gregory	Ret	25.00
Head Start Child & Family Development	Annual request	7,163.00
Kalkwarf & Smith Law Offices, LLC	Ser, Post, Mile	2,752.89
Stephen J. Kraviec	Ser, Post	1,640.72
Lease Consultants Corp.	Ser	249.00
May Clinic Health Letter	Subscription	24.00
Ann H. McDonald	Ret	18.00
Microfilm Imaging Systems, Inc.	Ser	100.00
Mid- American Research Chemical	Sup	324.76
NVO Information Systems, Inc.	Sup	499.00
Nebraska Public Power Dist.	Uti	2,025.57
Nebraska Technology & Telecommunications	Uti	1,072.53
Amy Nelson	Mile, Sup	57.82
PC Nuts	Sup	79.90
Region V Systems	Annual request	10,494.00
Patty Scarborough	Mile	121.50
State of Nebraska Dept. of Admin. Services	Ser	59.14
State of Nebraska HHS Laboratory	Ser	150.00
Thayer County Treasurer	Sup	470.94
Union Bank & Trust	Ret	2,348.48
USDA, APHIS	Ser	1,588.75
Daniel L. Werner	Ser, Mile	432.45
Williams Exterminating, Inc.	Ser	110.00
Windstream	Uti	293.97
Payroll	Salaries	39,154.84
ROAD/BRIDGE FUND
Aurora Coop	Fuel	1,058.60
B’s Enterprises	Grader Blades, Sup	3,013.60
Blue Cross/Blue Shield of Nebraska	Insur	10,562.49
Dorchester Farmers Coop	Fuel	16,621.77
Farm Plan	Parts, Sup	123.77
Fillmore County Hospital	Ser	45.00
Fort Dearborn Life Insurance Co.	Insur	124.59
Gambles	Sup	30.90
The Garbage Company	Ser	112.94
Geneva State Bank	SS	1,776.32
Ralph Gould	Ret	18.00
Grafton Oil	Fuel	1,788.86
Donovan Jirkovsky	Ret	25.00
Nebraska Iowa Industrial Fasteners	Sup	88.50
Nebraska Machinery	Parts, Sup	2,126.95
Nebraska Public Power	Uti	276.95
Nebraska Technology & Telecommunications, Inc.	Uti	115.37
Nelson Petroleum Company	Fuel	1,753.15
Overland Sand & Gravel	Gravel	325.83
Perennial Public Power	Uti	30.44
South Dakota LTAP	Wksh	60.00
Speece Lewis Engineers	Ser	3,150.00
Sutton Lumber	Signs & Posts	1,344.00
Union Bank	Ret	1,549.21
U.S. Postal Service	Post, Sup	222.05
USIS Commercial Services	Ser	89.70
Payroll	Salaries	24,422.49
ECONOMIC DEV. – TOURISM FUND
Fillmore County Development Corp.	Mile, Sup, Ser	343.20
Nebraska Life Publishing, Inc.	Ad	492.37
MEDICAL/RELIEF FUND
Obstetricians & Gynecologist, PC	Ser	170.89
Urology, PC	Ser	39.78
Weaver Pharmacy	Sup	39.14
INSTITUTIONS FUND
State of Nebraska Health & Human Services	August Patient Care	669.00
SENIOR SERVICES FUND
Blue Cross/Blue Shield of Nebraska	Insur	949.44
Family Caregiver Retreat	Wksh	15.00
Fillmore County Rural Transit	Ser	45.00
Fort Dearborn Life Insurance Co.	Insur	11.30
Geneva State Bank	SS	169.11
Nebraska Signal	Ad	6.30
Union Bank & Trust	Ret	134.09
Payroll	Salaries	2,243.81
INHERITANCE TAX FUND
Pierson, Fitchett, Hunzeker, Blake & Katt	Ser	2,175.37
NOXIOUS WEED FUND
Blue Cross/Blue Shield of Nebraska	Insur	474.72
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
E911 COMMUNICATIONS FUND
Nebraska Public Power District	Uti	105.16
Windstream	Uti	1,057.54

CLAIMS APPROVED

Kimbrough moved and Yates seconded the motion to approve the claims as presented. 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.

REGION V SYSTEMS & PUBLIC HEALTH REQUEST

After discussion, Cerny moved and Capek seconded the motion to deny the request of $3,000.00 from Region V Systems and Public Health Solutions for a volunteer database. Upon roll call, the vote was as follows:

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

Nays: None Abstaining due to conflict of interest: Galusha

The Chairman declared the motion carried.

DRIVEWAY PERMITS

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

Mark Kimbrough – to install a new 40’ driveway on the north side of the NW ¼, Section 35-6-3, Stanton Township;

Lavern Vejraska – to install a new driveway on the east side of the NE ¼, Section 34-6-1, Glengary Township;

Don Miller Trust – to install a new 40’ driveway on the west side of the SW ¼, Section 3-7-3, Geneva Township.

Upon roll call, the vote was as follows:

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

Nays: None Abstaining: Kimbrough

The Chairman declared the motion carried.

ABANDONING PART OF ROADWAY

Highway Superintendent, Elmer Hessheimer presented to the Board that he has been approached about abandoning a part of the roadway on the North & West side of Section 3 & 4, Fairmont Township.

After discussion, Simacek moved and Yates seconded the introduction of the following resolution:

RESOLUTION 2006-40

WHEREAS, The Fillmore County Board of Supervisors directed the County Highway Superintendent to make a study of use of County Road A, between Road 15 and Road 17, the North part of Road 16 between Road A and Road B and a section of roadway in the NW ¼ in Section 3-8-2, Fairmont Township and to submit within thirty (30) days a written report of his recommendation of the partial vacation of Road A, a partial vacation of Road 16 between Road A and Road B and the vacation of a section of roadway in the NW ¼ of Section 3-8-2.

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.

SKID STEER LOADER LETTING

After discussion and reviewing the bids from the previous meeting, Yates moved and Cerny seconded the motion to purchase the new 2006 John Deere CT322 skid steer loader with grapple and forks with the trade-in for $34,930.00. Upon roll call, the vote was as follows:

Ayes: Mueller, Capek and Yates

Nays: Simacek, Kimbrough, Cerny, and Galusha

The Chairman declared the motion failed.

SKID STEER LOADER LETTING

After further discussion, Kimbrough moved and Simacek seconded the motion to purchase the 2006 Cat 257B skid steer loader with grapple and forks with no trade-in for $39,645.00. Upon roll call, the vote was as follows:

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

Nays: Mueller, and Yates

The Chairman declared the motion carried.

UTILITY TRAILER

After reviewing and discussing the bids received, Cerny moved and Galusha seconded the motion to purchase the 2003 Titan 20’ flat trailer with ramps for $2,700.00 from Geneva Trailer Sales. Upon roll call, the vote was as follows:

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

Nays: None Abstaining due to conflict of interest: Yates

The Chairman declared the motion carried.

ROAD DEPARTMENT ANNUAL REPORT

Highway Superintendent, Elmer Hessheimer presented the Roads Department Annual Report.

After discussion, Simacek moved and Galusha seconded the motion to approve and sign the 2005-2006 Roads Department Annual Report. 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.

SHICKLEY NORTH PROJECT CONSTRUCTION ENGINEER

The selection committee, which included Dennis Kimbrough, Larry Cerny, and Elmer Hessheimer reported to the Board that there were four engineering firms that submitted a proposal: Mainelli Wagner & Associates, Inc., Tagge Engineering Consultants, Inc., Speece-Lewis Engineers, Inc., and JEO Consulting Group, Inc. After completing their construction engineer selection process their recommendation to the Board was to select Speece-Lewis Engineers, Inc. as our construction engineer for the Shickley North project.

After discussion, Galusha moved and Yates seconded the introduction of the following resolution:

RESOLUTION 2006-41

WHEREAS, The Selection Committee for a construction engineer have completed the Construction Engineer Selection Process for the Shickley North Bridge Project #BR-2725(5).

WHEREAS, The Fillmore County Board of Supervisors have selected Speece-Lewis Engineers, Inc. to be the Construction Engineer for the Shickley North Bridge Project #BR-2725(5).

Upon roll call, the vote was as follows:

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

Nays: None

The Chairman declared the resolution adopted.

SELECTION COMMITTEE

Elmer Hessheimer, Highway Superintendent, requested that a selection committee be appointed for the process of selecting a Construction Engineer Consultant for a three (3) year period.

After discussion, Capek moved and Simacek seconded the motion to appoint Dennis Kimbrough, Larry Cerny, and Elmer Hessheimer to this committee. 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.

CHANGE ORDERS FOR FAIRMONT SW PROJECT

Elmer Hessheimer, Highway Superintendent presented the following two change orders to Constructors, Inc.: Change Order #1 for the pavement marking for a total of $4,260.90, and Change Order #2 for overruns/underruns in the amount of $6,798.08 for the Fairmont SW paving project.

After discussion, Simacek moved and Cerny seconded the motion to approve Change Orders #1 and #2 to Constructors, Inc. 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.

ZONING REGULATIONS & PROCEDURES HEARING

The hearing to review and change the zoning regulations and procedures pertaining to special use permits for utilities and utility distribution systems was opened at 11:01 a.m.

Zoning Administrator, Gerald Slezak informed the Board that the Zoning Board would like to see 6.6 added to the Special Use Permit section. This contains that “non-public utilities and utility distribution systems shall only be allowed by special permit in the Ag-1 and Ag-2 Zoning Districts. The procedures for the application and authorization of such permit does not require written notice of hearing to record title owners of affected property and property in proximity to nor posting of all affected property when such utility or distribution system is to be placed on multiple parcels and exceeds one (1) mile in length or extent. All other procedures described in section 6.2 apply”. Amend the minimum lot size for utilities in Ag-1 and Ag-2 requiring a special use permit to 100 feet by 100 feet.

With no public comment the hearing was closed at 11:22 a.m.

SPECIAL USE PERMIT HEARING

The hearing to receive and review a Special Use Permit for Montana Dakota Utilities Co. to bury a 6” natural gas pipeline to service the proposed ethanol plant SW of Fairmont was opened at 11:15 a.m.

Zoning Administrator, Gerald Slezak presented the Special Use permit from Montana Dakota Utilities Co. with maps attached to show the pipeline route from Strang to the Ethanol Plant outside of Fairmont.

With no public comment the hearing was closed at 11:33 a.m.

ZONING CHANGE

After discussion, Simacek moved and Kimbrough seconded the motion to approve the addition of 6.6 to the Special Use Permit section of the zoning regulations effective July 1, 2006. 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.

MINIMUM LOT SIZE FOR UTILITIES

After discussion, Yates moved and Galusha seconded the motion to change the minimum lot size to 100 feet by 100 feet for all public and private utilities. Upon roll call, the vote was as follows:

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

Nays: Kimbrough

The Chairman declared the motion carried.

SPECIAL USE PERMIT

Capek moved and Simacek seconded the motion to approve the Special Use Permit for Montana Dakota Utilities Co. for Advanced BioEnergy, LLC to bury a 6” pipeline with route attached. 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.

BLUE VALLEY MENTAL HEALTH

John Day from Blue Valley Mental Health presented to the Board that they need additional funding for the Substance Abuse program in Fillmore County in the amount of $11,440.00.

CLOSED SESSION FOR PERSONNEL

Yates 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 discusses in closes session. Upon roll call, the vote was as follows:

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

Nays: None Absent: Kimbrough

The Chairman declared the motion carried and requested that Zoning Administrator remain. Closed session began at 12:00 noon.

RETURN TO REGULAR SESSION

Galusha moved and Kimbrough seconded the motion to return to open session at 12:10 p.m. 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 MENTAL HEALTH REQUEST

After discussion, Kimbrough moved and Cerny seconded the motion to deny the request from Blue Valley Mental Health for additional funding. 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.

ADJOURNMENT

Agenda items “Highway 81 & Road G lighting, Board of Equalization, and 10 Best Practices” were tabled until the October 10^th Board meeting. As there were no other items to come before the Board, the Chairman declared the meeting adjourned until 9:00 a.m., October 10, 2006.

______________________________________ ____________________________________________

Attest Chairman