MINUTES APPROVED. Chairman of the Board, Capek approved the minutes of the September 13, 2011 Board meeting. CLAIMS

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1 The Fillmore County Board of Supervisors convened in open and public session at 9:06 a.m., September 27, 2011, in the Courthouse Boardroom in Geneva, Nebraska with Chairman Capek presiding. Members present were Noel, Yates, Simacek, Mueller, Galusha, and Cerny. The County Clerk was present to record the minutes of the meeting. 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 2:48 p.m. MINUTES APPROVED Chairman of the Board, Capek approved the minutes of the September 13, 2011 Board 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: Howard F. Ach Wksh Ameritas Life Insurance Corp. Ret 3, Amsan Sup Black Hills Energy Uti Blue Cross Blue Shield of Nebraska Insur 21, Blue Valley Community Action Partnership Budget request 3, Randall Capek Mile Marilyn Christiancy Ret City of Geneva Rent Clay County Sheriff s Dept. Ser Computer Depot Sup Contryman Associates, PC Ser 15, Corner Stop Fuel Cornhusker State Industries Sup Jill Cunningham Sup Dell Marketing, LP Equip, Sup 2, Douglas County Sheriff Ser 7.17 Eakes Office Plus Sup Merlin Ehmen Ret Environmental Systems Research Inst. Ser Erdkamp Motors Main Executive Copier Services Ser Exeter Senior Center USDA, Misc Fairmont Aging Services USDA Farmer & Son Funeral Home, Inc. Ser 1, Fillmore County Hospital Ser Galls An Aramark Company Sup Gambles Sup, Misc Geneva Broadband Ser Geneva Senior Center USDA, Misc 1, Geneva State Bank SS 3, Geneva Super Foods Sup Norma Gregory Ret Guth Laboratories, Inc. Sup Kalkwarf & Smith Law Offices, LLC Ser, Post, Uti, Hotel 3, Richard Kleinschmidt Mile 8.88 Lancaster County Sheriff Ser 14.93

2 Harold Long Mile Lynn Peavey Company Sup Madison National Life Insur 8.01 MailFinance Ser Elizabeth Mattox Manning Ser Ann H. McDonald Ret MIPS, Inc. Ser Rich Mueller / Thomas Biegert Rent Nebraska Association of Professional Veterans Advocates Dues Nebraska Dept. of Revenue Wksh Nebraska Public Power District Uti 2, Norrie Construction Rep 1, Dawn Opfer Sup Ralph s Geneva Tire & Service Center, Inc. Main Region V Systems Budget request, EPC 10, REP Co. Marketing, Inc. Sup Robinson Textiles Sup Saline County Sheriff Office Boarding Prisoners 3, Service Press Sup State of Nebraska AS Central Services Ser State of Nebraska Dept. of Motor Vehicles Sup 4.00 US Bank CPS Post, Meals, Fuel, Sup, Hotel 1, Total Funds by Hasler Post USDA, APHIS Budget request 1, Verizon Wireless Uti Daniel L. Werner Ser Tim Wilbeck Mile Eric Williams Post 9.90 Williams Exterminating, Inc. Ser Windstream Uti 1, Payroll Salaries 49, ROAD/BRIDGE FUND: Ameritas Life Insurance Corp. Ret 1, Blue Cross Blue Shield of Nebraska Insur 14, Diode Technologies Equip 1, Dorchester Farmers Coop Fuel 2, Fehlhafers, Inc. Parts Gambles Sup Geneva State Bank SS 1, Ralph Gould Ret Grafton Mini Mart Fuel Grafton Oil, Inc. Fuel 1, Jet Plain Equip 3, Donovan Jirkovsky Ret John Deere Financial Parts Kerry s Auto Repair & Service Rep Lichti Oil Fuel 3, Nebraska Public Power District Uti Newman Traffic Signs Sup NMC Exchange, LLC Parts 1, Office Depot Card Plan Sup Perennial Public Power District Uti R & R Services Ser Roit Repair Rep US Bank CPS Post Verizon Wireless Uti Village of Fairmont Uti 43.91

3 Windstream Uti Zep Manufacturing Company Sup Payroll Salaries 26, ECONOMIC DEVELOPMENT TOURISM FUND: Fillmore County Development Corp. Ser, Sup Mary Johnson Mile SHERIFF SPECIAL LAW ENFORCEMENT GRANT FUND: Ameritas Life Insurance Corp. Ret 6.75 Geneva State Bank SS 6.66 Payroll Salaries INHERITANCE TAX FUND: Fillmore County Veteran s Relief Fund Misc 3, WIRELESS FUND: Metro Leasing Company Ser ETHANOL PLANT BOND FUND: UMB Bank NA Ser E911 COMMUNICATIONS FUND: Nebraska Public Power District Uti Windstream Uti 1, CLAIMS APPROVED Yates moved and Mueller seconded the motion to approve the claims as presented. Upon roll call, the vote was as follows: Ayes: Cerny, Mueller, Galusha, Capek, Yates, Simacek, and Noel HOSPITAL DISCUSSION Larry Cerny informed the Board that there are individuals that rent space in the current hospital and the fitness center that have requested to know what will happen to their space when the replacement hospital is complete. After discussion, the Board will look into the possibility of setting up leases with the individuals. ROAD 6 AND ROAD Y Steve Heinrichs was present to discuss the road changes at the intersection of Road 6 and Road Y on the County Line. After discussion, the Board will look at this over lunch with the Highway Superintendent. ROAD 10 AND ROAD K Darrell Hughes and Don Miller were present to discuss the box culvert project which is to start this week on Road 10 and Road K. Highway Superintendent, Mark Timmerman suggested that they place gravel on County Road 9 between Road J and Road K to have another road to travel. After discussion, the Board directed Mark to place the gravel on Road 9 as soon as possible. OCCUPY COUNTY RIGHT-OF-WAY After discussion, Mueller moved and Yates seconded the motion to approve the Occupy County Right-of-way permits:

4 Thomas Songster install electric line between the N ½ SE ¼, Section and the N ½ SW ¼, Section 9-7-1, Liberty Township. The owner will cooperate fully with the officials of Fillmore County and will keep them fully and immediately informed of all construction or maintenance work required on the Fillmore County right-of-way. Howard Reinsch install electric line on the north side of the NE ¼, Section 4-6-2, Chelsea Township. The owner will cooperate fully with the officials of Fillmore County and will keep them fully and immediately informed of all construction or maintenance work required on the Fillmore County right-of-way. Randy Kleinschmidt install electric line between the NW ¼, Section and the NE ¼, Section 2-6-4, Momence Township. The owner will cooperate fully with the officials of Fillmore County and will keep them fully and immediately informed of all construction or maintenance work required on the Fillmore County right-of-way. Upon roll call, the vote was as follows: Ayes: Mueller, Galusha, Capek, Yates, Simacek, Noel, and Cerny STENGEL DAMAGE CLAIM After further research of the claim submitted by Stengel s, the Board is requesting that Chris Stengel come back to the next Board meeting to have further discussion. JET PLAIN AGREEMENT After discussion, Simacek moved and Noel seconded the motion to approve the agreement with Jet Plain for the pull type grader in the amount of $3, a year and void the previous contract signed on May 10, Upon roll call, the vote was as follows: Ayes: Capek, Yates, Simacek, Noel, Cerny, and Mueller Nays: Galusha ANNUAL REPORT Mueller moved and Cerny seconded the motion to approve the annual report for the County Road Department for the State. Upon roll call, the vote was as follows: Ayes: Capek, Yates, Simacek, Noel, Cerny, Mueller, and Galusha EXECUTIVE SESSION Cerny moved and Yates 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: Yates, Simacek, Noel, Cerny, Mueller, and Capek Nays: Galusha The Chairman declared the motion carried and requested that the Highway Superintendent remain. Executive session began at 10:29 a.m. RETURN TO REGULAR SESSION

5 Cerny moved and Noel seconded the motion to return to open session at 10:58 a.m. Upon roll call, the vote was as follows: Ayes: Simacek, Noel, Cerny, Mueller, Galusha, Capek, and Yates 2008 BONDS Cody Wickham, with D.A. Davidson & Co. and Tyler Williams, with Edward Jones informed the Board that the rates for the 2008 bonds have dropped to an average of % and that the County could call them early with an approximate savings of $20, After discussion, Cody will provide paperwork for the next Board meeting. PUBLIC HEARING FOR CONSERVATION EASEMENT The public hearing regarding the proposed conservation easement in the S ½ of the SW ¼, Section , Fairmont Township was opened at 1:00 p.m. as advertised. This was a joint hearing with the Fillmore County Planning Commission and the following were also in attendance: Mel Motis; John Burt; Janet Eggers; Steve Moran; Rex W. Brown; Chad Nabity; John Cunningham, Attorney for Wetlands America Trust; Steve Donovan, Ducks Unlimited; Tim Horst, Ducks Unlimited Land Manager; Craig Ultra, Todd Boller, Fillmore County Noxious Weed Superintendent; Tom Novak; Brad White; Tracy Calhoun, TransCanada Pipeline; Ron Comes, Attorney for TransCanada Pipeline; Jill Cunningham, Fillmore County Attorney; Howard Ach, Fillmore County Deputy County Attorney; Doug Hafer; Lynn Mussman, Fillmore County Assessor; Josh Anderson; Keith Burt; Marjorie Burt; Jerry Schmidt; Mark Timmerman, Fillmore County Highway Superintendent; and Jerry Chapman. Planning Commission members were Sharon Elznic, Morley Most, Robert Waltrip, Dan Mainwaring, Reg Noel, Marvin Nadherny, Alan Stuckey, and Donna Mainwaring, Fillmore County Planning & Zoning Administrator. After discussion, Chairman Capek closed that hearing at 2:32 p.m. The Board will proceed after they receive the recommendation from the Planning Commission and review the facts. ADJOURN As there was no other business to come before the Board, Cerny moved and Galusha seconded the motion to adjourn until 9:15 a.m., October 11, Upon roll call, the vote was as follows: Ayes: Noel, Cerny, Mueller, Galusha, Capek, Yates, and Simacek Attest Chairman