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 10th 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