MINUTES APPROVED. Chairman of the Board, Capek approved the minutes of the November 23, 2010 Board meeting. FEE REPORTS

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1 The Fillmore County Board of Supervisors convened in open and public session at 9:08 a.m., December 14, 2010, in the Courthouse Boardroom in Geneva, Nebraska with Chairman Capek presiding. Members present were Yates, Kimbrough, Simacek, Mueller, Galusha, and Cerny. The County Clerk was present to record the minutes of the meeting. Todd Boller, Kim Slezak, and Mary Johnson with the Odegeo Leadership for Fillmore County were present for portions of the meeting. Also attending portions of the Board meeting were Jed Sharkey, Leesa Bartu, Merle Noel, Tim Pribyl, Alan Michl and Eric Milton. Notice of the meeting was given by publication. A copy of the 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. Agenda was approved as presented. The Chairman noted that the public meeting guidelines are posted as required by law and available for public distribution if requested. The meeting adjourned at 1:55 p.m. MINUTES APPROVED Chairman of the Board, Capek approved the minutes of the November 23, 2010 Board meeting. FEE REPORTS Kimbrough moved and Yates seconded the motion to approve the following fee reports for the month of November 2010: Upon roll call, the vote was as follows: Clerk: $7, (State $3, & County $3,334.81) Clerk of District Court: $ Sheriff: $2, Ayes: Cerny, Mueller, Galusha, Capek, Yates, Simacek, and Kimbrough TRAILBLAZER RC & D Steve Meyer with Trailblazer RC & D presented the 2010 annual report to the Board. He also informed the Board of all the projects that RC & D completed in Fillmore County. DRIVEWAY PERMITS Cerny moved and Kimbrough seconded the motion to approve the following applications for driveway permits: Fillmore County Hospital install a new driveway on the south side of the SE ¼, Section , Madison Township; Marvin Nadherny extend existing driveway to 40 on the north side of the NW ¼, Section , Glengary Township; Judy Dondlinger extend existing driveway to 40 of the north side of the NE ¼, Section , Momence Township; Doane College install a new driveway on the east side of the NE ¼, Section , West Blue Township; Allen Huber install a new driveway on the west side of the SW ¼, Section , Grafton Township. Upon roll call, the vote was as follows: Ayes: Mueller, Galusha, Capek, Yates, Simacek, Kimbrough, and Cerny CLEAN SILT PERMIT

2 After discussion, Yates moved and Mueller seconded the motion to approve the following clean silt permit with the approval of the Highway Superintendent: William F. Cudaback clean silt along the west side of the NW ¼, Section , Fairmont Township Upon roll call, the vote was as follows: Ayes: Capek, Yates, Simacek, Kimbrough, Cerny, and Mueller Absent: Galusha CLEAN SILT PERMITS Kimbrough moved and Simacek seconded the motion to approve the following applications for clean silt permits: Geneva Implement clean silt along east side of the NE ¼, Section 2-7-2, Madison Township; Troy Otte clean silt along the west side of the NW ¼, Section 17 & , Bennett Township; Patricia Lujett clean silt along the east side of the SE ¼, Section 7 & 8-6-3, Stanton Township; Doane College clean silt along the east side of Section 33 & , West Blue Township. Upon roll call, the vote was as follows: Ayes: Capek, Yates, Simacek, Kimbrough, Cerny, Mueller, and Galusha 2011 CONSULTANT AGREEMENT After discussion, Cerny moved and Mueller seconded the motion to approve the 2011 Consultant Agreement with Speece Lewis beginning January 1, 2011 and ending December 31, Upon roll call, the vote was as follows: Ayes: Yates, Kimbrough, Cerny, Mueller, Galusha, and Capek Absent: Simacek FLOODPLAIN PERMIT FOR GENEVA NORTHWEST PROJECT Mueller moved and Yates seconded the motion to approve the floodplain permit for Project #FIM-30(360) located between Section 21, 22, 27, and , Geneva Township. Project will replace a single 10 x 4 x 60 concrete box culvert with twin 10 x 8 x 102 concrete box culvert, grading, erosion control, and seeding. Upon roll call, the vote was as follows: Ayes: Kimbrough, Cerny, Mueller, Galusha, Capek, and Yates Absent: Simacek CONCRETE BOX CULVERT BIDS Bids for the following concrete box culvert projects C-30 (360), Geneva Township and C-30 (203), Glengary Township were opened at 9:45 a.m. as advertised. Tim Farmer with Speece Lewis Engineers was present while opening the bids. Ed Ferrerra, Riley Peterson, Jessica Buhl, Dave Wilke, Tim Van Kirk, and Corey Woods were also present for this discussion. The following bids were received: Bidder on project C-30 (360) Price

3 GUS Construction Co., Inc., Casey, IA $277, Van Kirk Bros. Contracting, Sutton, NE $209, Wilke Contracting, Kearney, NE $197, TCW Construction, Inc., Lincoln, NE $230, Stephens & Smith Construction, Lincoln, NE $210, Collins Contracting Co., Inc., Wahoo, NE $193, Dobson Brothers Construction, Lincoln, NE $236, A & R Construction Co., Plainview, NE $197, December 14, 2010 Bidder on project C-30 (203) Price GUS Construction Co., Inc., Casey, IA $117, Van Kirk Bros. Contracting, Sutton, NE $104, Wilke Contracting, Kearney, NE $ 99, TCW Construction, Inc., Lincoln, NE $102, Stephens & Smith Construction, Lincoln, NE $101, Collins Contracting Co., Inc., Wahoo, NE $ 94, Dobson Brothers Construction, Lincoln, NE $125, A & R Construction Co., Plainview, NE $ 97, HORSEBACK RIDING SIGNS Jackie Wilkins, J Bar D Ranch owner requested that the Board place horseback riding signs on R Street and 13 th Street. After discussion, the Board directed Jackie to address the City of Geneva regarding this issue and report back to the Board. TRAPPING IN COUNTY RIGHT OF WAY Jed Sharkey requested that the Board allow trapping in the county right of way at the last Board meeting. After discussion, Simacek moved and Cerny seconded the motion to allow trapping in the County ROW following the permit guidelines from the County Attorney. Upon roll call, the vote was as follows: Ayes: Cerny and Mueller Nays: Kimbrough, Galusha, Capek, Yates, and Simacek The Chairman declared the motion failed. CONCRETE BOX LETTINGS Tim Farmer with Speece Lewis Engineers reviewed all bids and reported to the Board that all calculations were correct and announced the lowest bidder. After discussion, Yates moved and Kimbrough seconded the motion to accept Collins Contracting Co., Inc., Wahoo, Nebraska on both projects C-30 (360) for $193, and C-30 (203) for $94, Upon roll call, the vote was as follows: Ayes: Cerny, Mueller, Galusha, Capek, Yates, Simacek, and Kimbrough SURFACE TRANSPORTATION PROGRAM ENHANCEMENT PROJECT Tim Pribyl, Lisa Bartu, and Kim Slezak all commented on the project that it would be good for Fillmore County. Tim suggested using Road 24 instead for emergency vehicles that would be traveling from Milligan to Friend Hospital. After discussion, Mueller moved and Simacek seconded the motion to apply for the Surface Transportation Program Enhancement Project (STPE) to pave Road 21 from Highway 6 to Highway 74. Upon roll call, the vote was as follows:

4 Ayes: Mueller, Capek, and Yates Nays: Galusha, Simacek, and Cerny Abstaining: Kimbrough The Chairman declared the motion failed. SURVEY RESULTS Tim Farmer with Speece Lewis Engineers informed the Board that they have completed the survey on Merle Noel s property. After review it appears that most of Noel s property is not in the floodplain. After discussion, the Board will address this at a future Board meeting. HOME PROGRAM CONTRACT Dave Taladay with Southeast Nebraska Development District (SENDD) presented the contract from the State of Nebraska Department of Economic Development for the Home Program #10-OEHP-6034 regarding the down payment assistance with rehabilitation. After discussion, Kimbrough moved and Mueller seconded the motion to approve and sign the contract with the State of Nebraska Department of Economic Development with the grant funds not to exceed $331, Upon roll call, the vote was as follows: Ayes: Galusha, Capek, Yates, Simacek, Kimbrough, Cerny, and Mueller CONTRACT WITH SENDD After discussion, Yates moved and Cerny seconded the motion to approve and sign the contract with Southeast Nebraska Development District for general administration assistance regarding the grant for the Home Program #10- OEHP Upon roll call, the vote was as follows: Ayes: Capek, Yates, Simacek, Kimbrough, Cerny, Mueller, and Galusha SUB-RECIPIENT AGREEMENT WITH FILLMORE COUNTY DEVELOPMENT CORP After discussion, Mueller moved and Galusha seconded the motion to approve the sub-recipient agreement with the Fillmore County Development Corp. to undertake and carry out the HOME funds programs and projects under the Nebraska Affordable Housing Program (NAHP). Upon roll call, the vote was as follows: Ayes: Yates, Simacek, Kimbrough, Cerny, Mueller, Galusha, and Capek GRANT FUNDS County Sheriff, William Burgess and Emergency Manager, Donna Mainwaring discussed with the Board about starting a separate fund to use for grant funds. Currently those funds are put into the General Fund. After discussion, the Board directed the Clerk to speak with our accountant regarding this issue. WIND FARM Gary Aksamit with Aksamit Resource Management informed the Board that he has talked to several Fillmore County residents regarding putting up MET towers to assist in determining the need for wind farms in Fillmore County.

5 Gary will return to the Board when he has more details. Jerri Daniels, Planning and Zoning Administrator attended this portion of the Board meeting. RESPONSIBLE CHARGE PERSON After discussion, Kimbrough moved and Cerny seconded the introduction of the following resolution: RESOLUTION WHEREAS: Fillmore County has a full-time public employee on staff, or has obtained the services of a full-time public employee (an interlocal cooperation agreement, if applicable, is attached) who is fully qualified and has the time and interest in serving as a Responsible Charge (RC) for this project. The designated RC will be in day-to-day responsible charge of all aspects of the project, from planning through post-construction activities, with the express purpose of doing all things necessary for the project to remain eligible for federal-aid transportation project funding; and WHEREAS: the RC will ensure that, at a minimum, (1) the project receives independent and careful development, supervision and inspection, (2) the project is constructed in compliance with the plans and specifications, (3) all aspects of the project, from planning through construction activities, including all environmental commitments, remain eligible for federal funding, and (4) decisions made and actions taken for the project have adequate supporting documentation filed in an organized fashion. For purposes of this resolution, the following definitions will apply: Fully qualified means a person who has satisfactorily completed all applicable Nebraska Department of Roads (NDOR) training courses and who has met the other requirements necessary to be included on the NDOR list of qualified Local Public Agency (LPA) RCs. Full-time public employee means a public employee who meets all the requirements and is afforded all the benefits of full-time employees as that phrase is applied to other employees of the employing public entity. A person is not a full-time public employee if that person provides outside private consulting services, or is employed by any private entity, unless that person can prove to NDOR in advance, that employee s non-public employment is in a field unrelated to any aspect of the project for which federal aid is sought. Public employee means a person who is employed solely by a county, a municipality, a political subdivision; a Native American tribe; a school district; another entity that is either designated by statute as public or quasipublic; or an entity included on the list of entities determined by the NDOR, and approved by the Federal Highway Administration (FHWA), as fulfilling public or quasi-public functions. Responsible charge means the public employee who is fully empowered by the LPA and has actual day-to-day working knowledge and responsibility for all decisions related to all aspects of the federal-aid project from planning through construction project activities, including all environmental commitments. The RC is the day-today project manager, and the LPA s point-of-contact for the project. Responsible charge does not mean merely delegating the various tasks; it means active day-to-day involvement in identifying issues, investigating options, working directly with stakeholders, making decisions, and actively monitoring project construction. It is understood that the RC may delegate or contract certain technical tasks associated with the project so long as the RC actively manages and represents the owner s interests in the delegated technical tasks. BE IT RESOLVED: by the Board of Supervisors of Fillmore County that Jerry Lukes, Fillmore County Road Foreman is hereby designated as Responsible Charge (RC) for pre-construction and construction phases, in accordance with the Project Program Agreement previously executed, the NDOR LPA Guidelines Manual for Federal-aid Projects, and all Federal, State and local laws, rules, regulations, policies and guidelines for the following Federal-aid transportation project: Fillmore County assures and agrees that: NDOR Project Number BRO-7030(30), NDOR Control Number 42226, Geneva Northwest

6 1) It has authorized and fully empowered the RC to be in day-to-day responsible charge of the subject federal-aid project; this does not mean merely supervising, overseeing or delegating the various tasks, it means active day-today involvement in the project including identifying issues, investigating options, working directly with stakeholders, and decision-making. 2) The RC is a full-time public employee. 3) The RC is fully qualified and has successfully completed required training to serve as a RC. 4) It will allow the RC to spend all time reasonably necessary to properly discharge all duties associated with the project, including ensuring that all aspects of the project, from planning through post-construction activities, remain eligible for federal-aid highway project funding. 5) It will not assign other duties to the RC that would affect his or her ability to properly carry out the duties set out in this agreement. 6) It will provide necessary office space, materials and administrative support for the RC. 7) It will fully cooperate with, support and not unreasonably interfere with the day-to-day control of the RC concerning the acts necessary for making the project eligible for federal funding. 8) It will take all necessary actions and make its best good faith efforts to comply and assist the RC in complying with all federal and state requirements and policies applicable to federal-aid transportation projects, including, but not limited to, all applicable requirements of 23 CFR ) It will take all necessary actions and make its best good faith efforts to ensure that the RC s work on the project would be deemed to meet the same standards that the Nebraska Department of Roads must meet under 23 CFR ) It will comply with the conflict-of-interest requirements of 23 CFR ) It will notify NDOR immediately in the event the designated RC(s) will no longer be assigned to the project. A supplemental agreement designating a replacement RC may be required by NDOR. 12) It is ultimately responsible for complying with all federal and state requirements and policies applicable to federal-aid highway projects. This includes meeting all post-construction environmental commitments. The LPA understands that failure to meet any eligibility requirements for federal funding may result in the loss of all Federal funding for the project. In the event that the acts or omissions of RC, the LPA or its agents or representatives result in a finding that a project is ineligible for Federal funding, the LPA will be required to repay NDOR some or all previously paid Federal funds and any costs or expenses NDOR has incurred for the project, including but not limited to, those costs for the RC. Fillmore County understands that the following are the duties of the RC: a) Serve as the LPA s contact for issues or inquiries for Federal-aid projects assigned by the LPA; b) Ensure that all applicable Federal, State and local laws, rules, regulations, policies and guidelines are followed during the development and construction of the project; c) Know and follow the NDOR LPA Guidelines Manual for Federal-aid Projects; d) Have active day-to-day involvement in identifying issues, investigating options, working directly with stakeholders, and decision-making; e) Ensure that the project plans and specifications are sealed, signed and dated by a professional engineer licensed in the State of Nebraska, and that estimates have been prepared and the construction has been observed by a professional engineer licensed in the State of Nebraska or a person under the direct supervision of a professional engineer licensed in the State of Nebraska (reference Neb. Rev. Stat ); f) Competently manage and coordinate the project day-to-day operations, including all project-related decisions, on behalf of the LPA, which includes the LPA s governing body, staff and any extended staff dedicated to the project such as consulting engineers; g) Ensure that project documents are thoroughly checked, reviewed and have had quality control measures applied, prior to submitting to NDOR and/or FHWA; h) Monitor the progress and schedule of the project and be responsible for ensuring that the project is completed on time in accordance with established milestone dates; i) Properly serve as the owner s representative, and to visit the project site during construction on a frequency commensurate with the magnitude and complexity of the project; j) Ensure that proper construction management processes have been developed and implemented for the project; k) Serve as a steward of the public funds, i.e. ensure that the public gets what it is paying for; l) Attend all required training including the annual workshop; and m) Fulfill continuing education requirements as specified in the NDOR LPA Guidelines Manual for Federal-aid Projects. Upon roll call, the vote was as follows:

7 Ayes: Kimbrough, Cerny, Mueller, Galusha, Capek, and Yates Nays: Simacek December 14, 2010 The Chairman declared the resolution adopted. EXECUTIVE SESSION Yates moved and Simacek seconded the motion that the Fillmore County Board of Supervisors hold an executive session at this time pursuant to Section , Reissue, Revised Statutes of Nebraska, 1943, for the protection of the public interest and consider in executive session personnel items authorized by Statute to be discussed in executive session. Upon roll call, the vote was as follows: Ayes: Kimbrough, Cerny, Mueller, Galusha, Capek, Yates, and Simacek The Chairman declared the motion carried and requested that the Highway Superintendent and County Clerk remain. Executive session began at 1:20 p.m. RETURN TO REGULAR SESSION Mueller moved and Kimbrough seconded the motion to return to open session at 1:36 p.m. Upon roll call, the vote was as follows: Ayes: Cerny, Mueller, Galusha, Capek, Yates, Simacek, and Kimbrough COUNTY SURVEYOR Thomas L. Krueger with JEO Consulting, Kirkham Michael, and Olsson Associates submitted bids for County Surveyor beginning January 1, 2011 and ending December 31, After discussion, Kimbrough moved and Mueller seconded the motion to appoint Thomas Krueger with JEO Consulting as the Fillmore County Surveyor beginning January 1, 2011 and ending December 31, Upon roll call, the vote was as follows: Ayes: Mueller, Galusha, Capek, Yates, Simacek, Kimbrough, and Cerny GENEVA RURAL FIRE BOND Yates moved and Simacek seconded the motion to approve the bond Geneva Rural Fire Protection District for James White beginning November 1, 2010 and ending November 1, Upon roll call, the vote was as follows: Ayes: Galusha, Capek, Yates, Simacek, Kimbrough, Cerny, and Mueller 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.

8 GENERAL FUND: Academic Booster Club Misc Howard F. Ach, Atty. Rent, Post 3, Action Auto Supply Sup Ameritas Life Insurance Corp Ret 3, Jon Anderson Uni Aramark Uniform Services, Inc. Ser Auto Value Parts Stores Sup Axis Capital, Inc. Ser Black Hills Energy Uti Bottorf & Maser, Atty. Ser, Mile William L. Burgess Uni Daryl L. Callenius Uni City of Geneva Uti Computer Depot Sup Constellation Energy Uti Contryman Associates, PC Ser 7, Corner Stop Fuel Dawg s Smokehouse Café HDM s Dell Marketing, LP Equip Judy Dondlinger Ser Dugan Business Forms Sup Eakes Office Plus Sup 1, Earls Window Service Ser 6.00 Exeter Care Center HDM s Fillmore County Development Corp. Budget request 10, Fillmore County Medical Center Ser Fillmore County Treasurer Transfer, Misc. 5, First Concord Benefits Group, LLC Insur, Ser 2, Gambles of Geneva Sup Geneva State Bank SS, Ser 3, Heinisch Law Office Ser 1, Bob Hester Uni Hometown Leasing Ser Jim s Repair Rep, Fuel Steve Julich Uni Knoche Appraisal & Consulting, LLC Ser, Mile 3, Kopchos Sanitation, Inc. Ser Stephen J. Kraviec Ser, Post 1, Lancaster County Sheriff Ser Lichti Oil Fuel Jenni Lovegrove Ser Madison National Life Insur Elizabeth Mattox Manning Ser Microfilm Imaging Systems, Inc. Ser Midwest Radar & Equipment, Inc. Equip MIPS, Inc. Ser, Sup 2, Brenda Motis Mile Nebraska Association of County Officials Wksh, Dues 1, Nebraska Fire Sprinkler Corp. Main The Nebraska Signal Pro, Sup Nebraska Weed Control Association Wksh Amy Nelson Mile, Meal, Misc O Keefe Elevator Company, Inc. Main Dawn Opfer Misc Paper Tiger Shredding Misc Ralph s Geneva Tire & Service Center Rep, Main Red Willow County Sheriff Ser 9.18 Steven G. Roemmich Uni, Meal 62.46

9 Saline County Sheriff Boarding Prisoner, Ser 3, Shell Fleet Plus Fuel 2, SE District Assessor s Association Dues State of Nebraska AS Central Finance Ser State of Nebraska Public Health Env. Lab. Ser Sullivan, Shoemaker, Witt & Burns PC, LLO Ser Total Funds by Hasler Post 1, UN-L IS-Telecommunications Uti 4.10 US Bank, CPS Sup, Meal, Rep, Hotel Brandy VanDeWalle Dues, Meals Carroll L. Verhage Ser Anthony Whitmore Uni, Meals Eric Williams Post Windstream Uti Payroll Salaries 49, ROAD/BRIDGE FUND: Action Auto Supply Sup Ameritas Life Insurance Corp. Ret 2, Auto Value Parts Stores Parts, Sup, Main Black Hills Energy Uti Casey s General Store Fuel Century Lumber Center Parts, Sup City of Geneva Uti Don s Tractor Salvage Parts 1, Dorchester Farmers Coop Fuel, Rep, Sup 4, Elmer Hessheimer Fuel Farm Plan Parts, Sup Gambles Equip, Sup 1, The Garbage Company Uti Geneva Implement Parts Geneva State Bank SS 1, Geneva Super Foods Sup Geneva Welding & Supply, Inc. Parts, Sup 1, Grafton Mini Mart Fuel Grafton Oil Fuel, Main 3, Heath, Inc. Rep Kelly Supply Company Parts Kerry s Auto Repair & Service Rep Lichti Oil Fuel, Parts 2, Madison National Life Insur Midwest Unlimited Sup MIPS, Inc. Ser Nebraska Iowa Industrial Fasteners Sup Nebraska Bolt Sup Nebraska LTAP Dues The Nebraska Signal Ads, Misc Newman Traffic Signs Sup Nichols Construction Gravel 54, Nick s Farm Store Sup Larry S. Nun Easement Overland Sand & Gravel Gravel 1, Perennial Public Power Uti Power Plan Parts R & D Parts Parts, Equip, Sup Ralph s Geneva Tire & Service Center, Inc. Parts, Rep 1, John & Doreen D. Schelkopf ROW, Fencing 2, Shell Fleet Plus Fuel 2, Speece Lewis Engineers Ser

10 Titan Access Account Parts US Bank CPS Post 2.44 Village of Exeter Uti Village of Fairmont Uti Village of Grafton Uti Payroll Salaries 26, INHERITANCE TAX FUND: Berggren Architects Ser 1, JEO Consulting Group, Inc. Ser 1, Plains Tree Farm, Inc. Misc HOSPITAL OPERATING FUND: Fillmore County Hospital Nov. Taxes E911 COMMUNICATIONS FUND: Nebraska Public Power District Uti CLAIMS APPROVED Kimbrough moved and Cerny 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 Abstaining due to conflict of interest: Yates ADJOURN Agenda items Part time work and County flags will be discussed at a future Board meeting. As there was no other business to come before the Board, Yates moved and Cerny seconded the motion to adjourn until 9:00 a.m., December 28, Upon roll call, the vote was as follows: Ayes: Yates, Simacek, Kimbrough, Cerny, Mueller, Galusha, and Capek Attest Chairman