PROCEEDINGS OF THE KNOX
Center,
August
12, 2010
9:30
a.m.
A regular meeting of the Knox County
Board of Supervisors was held at the Court House in Center,
Supervisor Mackeprang led
the Board in the Pledge of Allegiance.
Chairman Banks announced to the
public that a copy of the Public Open Meeting Act was posted in the Boardroom.
Notice of the meeting was given in
advance thereof by publication in the Creighton News newspaper, as shown by the
Affidavit of Publication attached to these minutes.
Notice of this meeting was
simultaneously given to all members and a copy of their acknowledgment and
receipt of notice and agenda is attached to these minutes. All proceedings hereafter shown were taken
while the convened meeting was opened to the attendance of the public.
The following people were present at
various times during the meeting: Sheriff Henery, Center Village Board of
Trustees members Sue Wiebelhaus, Loren Hintz and Jeremy Hart, Co. Assessor
McManigal, Clk. of the Dist. Crt. Riesberg, Pat Birmingham, Hwy. Supt. Barta,
Weed Supt. Guenther and Veterans Service Officer Boggs.
Correspondence reviewed was: 1. Letter from Department of Economic
Development indicating a satisfactory report on the performance review of the
CDBG Grant for updating the comprehensive plans and zoning regulations; 2.
Copy of letter from Department of Roads to Sheriff Don Henery stating
that a Mini-Grant Contract between the Knox County Sheriff’s Department and the
Nebraska Office of Highway Safety was approved and will reimburse Knox County
for overtime salaries of law enforcement officers and mileage not to exceed
$1,179.94.
The minutes of the July 29, 2010
meeting were read. Chairman Banks
approved the July 29, 2010 meeting minutes as read.
Motion by Fuchtman, seconded by Mackeprang that the
receipts be accepted and placed on file, by roll call vote. Ayes Dist. #2, #3, #4, #5, #6 and #7. Nays none.
Absent was Dist. #1. Motion
carried. Receipts totaled $170,026.63.
#12784 –
Motion by Fuchtman, seconded by
Hanefeldt to go into executive session at 9:50 a.m. to discuss pending
litigation. By roll call vote. Ayes Dist. #2, #3, #4, #5, #6 and #7. Nays none.
Absent was Dist. #1. Motion
carried. Chairman Banks reiterated that
the executive session was to be held on pending litigation. The Board came out of executive session at
10:14 a.m. Chairman Banks stated that
the executive session was held solely on pending litigation.
Chairman Banks opened a public hearing
at 10:15 a.m. to change classification from “local road” to minimum maintenance
on the West .75 mile of 882 Road between Section 35, T31N, R3W and Section 2,
T30N, R3W.
Motion by Miller, seconded by
Swanson that all claims, audited and approved for payment or rejected by the
Claims Committee be allowed or rejected subject to delinquent personal taxes.
By roll call vote. Ayes Dist. #2, #3,
#4, #5, #6 and #7. Nays none. Absent was Dist. #1. Motion carried. Claims totaling $269,654.04 are listed at the
end of these proceedings.
There was no public comment on
agenda items.
Discussion ensued on Courthouse roof
repairs. Supr. Hanefeldt has talked to
Pat Wintz of Creighton about possibly screwing down the flashing that is in
place now as it is covering the roof ledge sufficiently but is loose on the
edges. Supr. Hanefeldt will obtain a
quote from Mr. Wintz.
Motion by Mackeprang, seconded by Fuchtman to place
on file the Clerk of the District Court July Fee Report. By roll call vote. Ayes Dist. #2, #3, #4, #5, #6 and #7. Nays none.
Absent was Dist. #1. Motion
carried.
Motion by Mackeprang, seconded by
Hanefeldt to place on file the Knox County Treasurer’s Office Distress Warrant
Register and to instruct County Treasurer Stark to strike Distress Warrants No.
12 and No. 34. By roll call vote. Ayes Dist. #2, #3, #4, #5, #6 and #7. Nays none.
Absent was Dist. #1. Motion
carried.
Discussion was held on repairing the
front door to the County storage building.
The metal door frame is welded onto the building and trying to cut the
frame from the building may cause a fire or other problems. Consensus of the Board was to refurbish the
existing door by installing sheet metal and painting the door, installing a new
lock and hanging the door back on the original frame.
Motion by Swanson, seconded by
Miller to approve the Section 504 – Rehabilitation Act of 1973 Americans with
Disabilities Act of 1990 Revised Title VI Policy (Revision of May 13, 2010
Policy). By roll call vote. Ayes Dist. #2, #3, #4, #5, #6 and #7. Nays none.
Absent was Dist. #1. Motion carried.
Sheriff Henery met with the Board on
the following: 1. Reviewed 2009/2010
revenue that was brought to the County by the Sheriff’s Office; 2. Newly-hired
Deputy Ken White will be stationed in the Crofton area and is looking for
housing; 3. Sheriff Henery asked if there would be any objections to putting a
deputy in the western part of the County and there were no objections from the
Board. Several people have been
interviewed for the position; 4. There
are continuing problems with the toilets in the jail areas. Replacement costs would be approximately
$3,700 for installation per toilet as the replacements must now be stainless
steel. Consensus of the Board was to
replace one toilet with a stainless steel toilet in the main cell block, fix
the toilet taken out and place it in the female cell block that isn’t used as
much and if that doesn’t work, then a second stainless steel toilet may have to
be purchased; 5. The new high band
systems did not work when the electricity was out recently and a battery
back-up is probably needed. Telebeep,
the company the pagers are powered through, is resisting putting anything on
their tower.
Weed Supt. Guenther met with the
Board on the following: 1. A 15-day notice was sent to a landowner for
controlling a large thistle problem. The
landowner disked the infested property and Supt. Guenther said it was a good
job. The landowner wants to disk this
fall and then have the area sprayed. As
statutes do specify that noxious weeds must be controlled, the statutes do not
specify actual control methods.
Consensus of the Board was to agree to the landowner’s request to disk
the noxious weeds as long as the weeds are controlled; 2. Phragmites has been
found in several places in
Chairman Banks closed the opened
public hearing at 11:35 a.m. for classification change of a portion of 882
Road. No one was present in opposition.
Motion by Mackeprang, seconded by Miller to adopt Resolution #2010-24 to
reclassify a .75 mile portion of 882 Road between Morton and
RESOLUTION #2010-24
WHEREAS, upon a public hearing held
on August 12, 2010, there being no objections, it appears that it would be in
the public interest to reclassify the following
1)
The west .75 mile between T31N, R3W, Section 35 and T30N, R3W, Section
2. (882 Road)
BE IT FURTHER RESOLVED, that the
Passed and approved this 12th
day of August, 2010.
ATTEST: (Seal)
OF
Joann M. Fischer /s/ Steven
Banks /s/
County Clerk Board
Chairman
Chairman Banks moves the Board
recess at 11:40 a.m. for Board of Equalization.
The Knox County Board of Supervisors
reconvened at 11:58 a.m. with all members present except Supr. O’Connor Dist.
#1.
Public comment on non-agenda items
was Pat Birmingham requesting the Board to adopt a resolution to have FEMA
change the flood plain maps. The present
flood maps create a problem for people in some of the lake area due to sea
level elevation requirements before a building permit can be issued. Mr. Birmingham wanted to build a garage in
the
Walker
Valley View area but had to obtain a LOMA permit as the garage would be built
at 1,245 ft. sea level thus putting this area in the flood plain. A local surveyor who worked for FEMA says
that the input data was wrong and should be corrected. No action was taken.
Chairman Banks moves the Board recess at 12:10 p.m.
for lunch.
The Knox County Board of Supervisors
reconvened at 12:45 p.m. with all members present except Supr. O’Connor Dist.
#1.
Discussion ensued on average hours
worked to qualify for insurance benefits.
Clk. of the Dist. Crt. Riesberg wondered if qualified part-time
employees could receive the insurance benefit package at a prorated amount with
the employee paying a determined difference of the premium. She indicated that the Employee Manual
addresses prorated vacation and sick leave for qualified part-time
employees. The Board discussed prorating
the insurance premiums for employees who work less than 35 hours but more than
20 hours. Consensus of the Board was to take no action on this matter at this
time and to address this at a later date.
Hwy. Supt. Barta met with the Board
on the following: 1. Motion by Swanson, seconded by Miller to authorize
Chairman Banks to sign the State of Nebraska Department of Roads Plans for
Construction Lindy North Title Sheet. By
roll call vote. Ayes Dist. #2, #3, #4,
#5, #6 and #7. Nays none. Absent was Dist. #1. Motion carried; 2. Discussion was held on STP and BIA funds to
cover the costs of the Lindy North road project; 3. The
Motion by Hanefeldt, seconded by
Fuchtman to place on file the July Zoning Permit Report. By roll call vote. Ayes Dist. #2, #3, #4, #5, #6 and #7. Nays none.
Absent was Dist. #1. Motion
carried.
Motion by Mackeprang, seconded by
Miller to adopt Resolution #2010-25 to approve the Antelope, Holt and Knox
Counties’ Multi-jurisdictional Hazard Mitigation Plan in its entirety and
request approval of the plan at the Federal level. By roll call vote. Ayes Dist. #2, #3, #4, #5, #6 and #7. Nays none.
Absent was Dist. #1. Motion
carried.
RESOLUTION #2010-25
WHEREAS, the Federal Disaster
Mitigation Act of 2000 was signed in to law on October 30, 2000, placing new
emphasis on state and local mitigation planning for natural hazards and
requiring communities to adopt a hazard mitigation action plan to be eligible
for pre-disaster and post-disaster federal funding for mitigation purposes; and
WHEREAS, a Multi-jurisdictional
Hazard Mitigation Plan was prepared by Antelope, Holt, and Knox Counties with
assistance from JEO Consulting Group, Inc. of Lincoln, NE, which includes Knox
County.
WHEREAS, the purpose of the mitigation
plan was to lessen the affects of disasters by increasing the disaster
resistance of the Counties and participating jurisdictions located within the
planning boundary by identifying the hazards that affect the Counties and
prioritize mitigation strategies to reduce potential loss of life and property
damage from those hazards, and
WHEREAS, FEMA regulations require
documentation that the plan has been formally adopted by the governing body of
Knox County in the form of a resolution and further requesting approval of the
plan at the Federal Level; and
NOW, THEREFORE, the governing body
of
PASSED AND APPROVED this 12th
day of August, 2010.
ATTEST: (Seal)
BOARD
OF SUPERVISORS
Joann M. Fischer /s Steven
Banks /s/
County Clerk Board
Chairperson
Supr. Hanefeldt said it was time to
check into purchasing a snow blower if the County was going to buy one. The snow blower could be used to remove snow
or to widen the roads after a snow storm.
Motion by Miller, seconded by
Swanson to place on file the Sheriff’s Report of Collection of Taxes from
October 30, 2009 to July 30, 2010. By
roll call vote. Ayes Dist. #2, #3, #4,
#5, #6 and #7. Nays none. Absent was Dist. #1. Motion carried.
Motion by Fuchtman, seconded by
Hanefeldt to place on file the Co. Treasurer’s Report of Collections of
Delinquent Personal Property Taxes FY 2008 and Prior. By roll call vote. Ayes Dist. #2, #3, #4, #5, #6 and #7. Nays
none. Absent was Dist. #1. Motion carried.
The Board and Veterans Service
Officer Boggs discussed hours worked by Mr. Boggs and compensatory time. As per Fair Labor Standards, Veterans Service
Officer Boggs is now classified as a non-exempt employee to be paid on an
hourly basis. In the past, Veterans
Service Officer Boggs would keep track of his hours and if he worked more than
40 hours per week, he would take compensatory time. Some days he would leave at 5:00 a.m. to pick
up a veteran to drive them to
Hwy. Supt. Barta returned with a
copy of a letter from the BIA on the Lindy North project. Also reviewed is the Memorandum of Agreement
between the BIA and
A special meeting will be held on
Monday, August 23, 2010 beginning at 8:30 a.m. to review the 2010/2011 proposed
budget with elected officials and department heads.
GENERAL FUND. Salaries, 128,031.67; A
& D Service, gas & rep., 574.76; Aetna Life Ins., ins. Co. pays, 74.69;
Alene D. Fischer, prior serv., 12.00; Ameritas Life Ins. Corp., retirement Co.
pays, 8,666.14; BG&S Transmissions, rebuild weed transmission, 906.00;
Bloomfield Pharmacy, meds, 43.30; Carhart Lumber Co., supp., 28.00; Coll. of
Internal Revenue &/or F & M St. Bank, retirement Co. pays, 9,613.04;
Corrine Eisenbeiss, prior serv., 24.00; Countryside Gas & Go, gas, 85.83;
Creighton Area Health Services, blood draw, 85.00; Creighton News, not.&
bd. proc., 367.50; Creighton Pronto, gas, 164.84; Crofton Journal &
Niobrara Tribune, not. & bd. proc., 463.10;
Donald J. Jiracek, prior serv., 25.00; Eakes Office Plus, supp.,
650.73; Ecowater Systems, bottled water,
401.56; Elaine’s Tavern & Café, pris. bd., 2,682.50;
Freeman Oil Inc., gas, 47.15; Gragert’s Grocery,
supp., 90.31; Great Plains Comm., ph., 1,392.31; Health Plan Services, Inc.,
ins Co. pays, 925.60; Hefner True Value, supp., 4.99; Jerry L. Scheer, wit. fee
& mlge., 112.00; JoAnn P. Knori,
prior serv., 20.00; John Thomas, ph. & fax, 63.74; Judy K. Carlson, photos,
70.41; Key Sanitation, garbage & rolloffs, 648.60; Knox County Court, typed
transcript, 19.50; Knox County Sheriff, paper service, 1,011.06; Madison County
Treasurer, Prob. Off. & Dist. Judge, 7,083.24; Microfilm Imaging Systems,
scan equip. rent, 46.00; Midwest Security Life Ins. Co., ins Co. pays,
19,771.44; MIPS, pc prog., 499.49; MSC
Dollar General, supp., 9.00; NAPA Bloomfield, parts, 636.38; Netcom Inc.,
install radio, 631.50; Norbert Guenther,
mlge. & postage, 363.04; Norman Mackeprang, mlge., 91.00; NCPPD, elec.,
2,254.16; Quill Corp., supp., 582.73; Ruth Vonderohe, mlge., 189.00; Schroeder
Land Surveying, survey fees, 1,277.50; Shaffer’s Mini Mart, gas, 54.50; Simply
Cellular, ph., 139.95; Speedway truck & Auto, parts, 260.32; Steffen’s
Service Station, gas, 160.95; Tammy
Henery, lawn service cont., 700.00; Telebeep, pagers, 51.44; Terry Gompert,
mlge., 152.00; The Monitor, not. & elec., 270.00; Tommark Properties, tower
rent, 5,400.00; Top Quality Glove, gloves, 95.00; U.S. Cellular, cell ph., 38.34; The Verdigre
Eagle, not. & elec., 185.63; Virgil H. Miller, mlge., 117.00; Watson Motor
Co., weed pu rep., 337.47; Wausa Gazette, not., 16.88; Wayne Co. Treasurer, DC
judge exp., 5,354.95; Wes Eisenbeiss, prior serv., 24.00; Wesley G Mach, prior
serv., 25.00; West Hodson Lumber & Concrete, concrete, 9.78.
ROAD FUND. A & D Service, rep., 168.10; Backus Sand
& Gravel, gravel, 13,171.80; Bauer Built Tire, rep., 168.00; Carhart Lumber
Co., supp., 118.65; CHS, gas, 1,472.92; City of Bloomfield, water, 19.50;
Cornhusker Int’l., rep., 53.20; Countryside Gas N Go, gas, 169.33; Creighton
News, ad, 19.80; Creighton Pronto, gas, 225.09; Creston Fertilizer Co. Inc.,
erosion control, 671.65; Crofton Journal, ad, 43.20; Dan Kotrous, clay,
1,000.00; Frank’s Food Mart, supp., 36.22; Freeman Oil Co., fuel & rep.,
3,279.44; Gragert’s Grocery, supp., 9.11; Great Plains Comm., ph., 446.59;
Herbert Feed & Grain, oil & diesel, 2,127.85; J & K Auto, gas,
160.51; James Carlson, sand, 1,500.00; Jebro Inc., oil, 17,056.80; Jedlicka’s
Hardware Hank, supp., 40.36; Kayton Int’l, Inc., rep., 16.35; Key Sanitation, garbage, 52.00; L.G. Everist,
Inc., crushed rock, 437.72; Larry Haineraich, equip. rent, 250.00; Marcel Kramer, clay, 150.00; Melvin Barger,
gravel & hauling, 447.00; N & B Gas Co., propane refills, 122.00; NAPA
Blfd., rep. & supp., 373.28 NPPD, elec., 28.77; NCPPD, elec., 180.83;
Newman Traffic Signs, signs, 1,058.00; Northeast Equip., Inc., rep. &
supp., 684.95; Peters Hardware, supp.,
48.55; Powerplan, rep., 820.20; Praxair Dist. Inc., supp., 258.55; Pump Hook
& Placement, equip. rent, 450.00; R & K Motor, rep.., 275.61; Rohrer
Welding & Rep., rep., 80.25; S & J
Const., equip. rent, 590.00; Simply Cellular, supp., 30.00; SourceGas
Dist. LLC, htg. fuel, 17.45; Steffen’s Service Station, diesel, 138.74; U.S.
Cellular, ph., 90.57; Verdigre Farm Service, rep. & fuel, 6,409.91; Vic’s
Service LLC, gas & rep., 355.20; Village of Niobrara, water & sewer,
30.19; Village of Verdigre, water & sewer, 119.90; Watson Motor Co., rep.,
83.50.
CHILD SUPPORT FUND. Eakes Office Plus, supp.,
219.93; Great Plains Comm., ph. & int., 45.33; Microfilm Imaging Systems,
Inc., scan equip. rent, 46.00.
VISITOR’S IMPROVEMENT
FUND. Great Plains Comm. Inc., internet, 114.90.
ECONOMIC DEVLEOPMENT FUND. Creighton News, publ., 40.00; Kabeiseman &
Pollard, fees, 107.00; Knox Co. Sheriff, paper service, 33.72.
C & C DEVELOPMENT FUND. Salary, 3,191.66; Aetna
Life Ins., ins. Co. pays, 1.95; Ameritas Life Ins. Corp., retirement Co. pays,
215.44; Coll. of Int. Rev. Serv., Social Security Co. pays, 239.99; Great
Plains, ph. & int., 45.33; Health Plan Services, Inc., ins. Co. pays,
22.64; Midwest Security Life Ins. Co., ins Co. pays, 506.96; U.S. Cellular,
cell ph., 33.31.
INHERITANCE FUND. Johnson, Morland, Easeland, & Lohrberg,
P.C., crt. appt. atty., 766.80; Rodney W. Smith, contr. pub. def., 2,083.33;
Verlynn Luebbe, spec. co. atty., 549.00.
911 EMERGENCY FUND. Great Plains Comm., ph.,
1,014.23; Kaeser & Blair, Inc., fair supp., 274.54; NE Chapter APCO Int’l.,
training, 170.00; Qwest, ph., 2.80;
Telebeep, pager, 17.11; Three River Telco, ph., 221.41.
TOTALS
General Fund 204,133.02
Road Fund 55,557.64
Child Support Fund 311.26
Visitor’s
Improvement Fund 114.90
Economic Development Fund
180.72
C & C Development Fund 4,257.28
Inheritance Fund 3,399.13
911 Emergency Fund 1,700.09
TOTAL $269,654.04
Chairman Banks adjourned the Knox
County Board of Supervisors at 3:30 p.m., August 12, 2010, until Monday, August
23, 2010 at 8:30 a.m. for a special meeting to review the 2010/2011 proposed
budget and until Thursday, August 26, 2010 at 9:30 a.m. for a regular
meeting.
I, Joann M. Fischer, Knox County
Clerk, do hereby certify that the
ATTEST:
OF
_____________________________________________ By___________________________________________
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PROCEEDINGS OF THE KNOX
August 12, 2010
Center,
11:40 a.m.
A regular meeting of the Knox County Board of
Equalization was held at the Court House in Center,
Vice-Chairman Miller
announced to the public that a copy of the Public Open Meeting Act was posted
in the Boardroom.
Notice of the meeting was given in
advance thereof by publication in the Creighton News newspaper, as shown by the
Affidavit of Publication attached to these minutes.
Notice of this meeting was simultaneously given to
all members and a copy of their acknowledgment and receipt of notice and agenda
is attached to these minutes. All
proceedings hereafter shown were taken while the convened meeting was opened to
the attendance of the public.
The minutes of the July 29, 2010
meetings were read. Vice-Chairman Miller
approved the July 29, 2010, minutes as read.
There was no public comment on
agenda items.
There was no public comment on
non-agenda items.
TERC hearings are scheduled for
Tuesday, August 17 in
The Central Assessment valuations are
in. The valuation of the 27 wind
turbines has been removed from the Central Assessment and the preliminary
valuation appears to be approximately $30 million less than last year.
Co. Assessor McManigal asked if the
Assessor vehicles can be parked in the shop across the street and the Board
informed her that the building is ready to be used. The Board was asked not to mow around the
County storage building when vehicles are parked in front of the building as
grass and other debris were on the parked cars the last time the grass was
cut.
Vice-Chairman Miller adjourned the Knox County Board of Equalization at 11:58 a.m. on August 12, 2010 until 8:00 a.m. on Tuesday, August 17, 2010 for TERC hearings if there is a quorum and until 11:30 a.m. on Thursday, August 26, 2010 for a regular meeting.
I, Joann M. Fischer, Knox County
Clerk, do hereby certify that the County Board of Equalization minutes are
correct to the best of my knowledge.
ATTEST: KNOX
_____________________________________________ By___________________________________________
Joann M. Fischer, Knox
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PROCEEDINGS OF THE KNOX
August 17, 2010
Center,
8:00 a.m.
TERC hearings were held at Holiday Inn Express,
Also present at the hearings were the TERC Board
members William C. Warnes and Nancy Salmon, Co. Assessor McManigal, Deputy
Assessor Beckmann,
Notice of quorum was given in
advance thereof by publication in the Creighton News and Crofton Journal
newspapers, as shown by the Affidavit of Publication attached to these minutes.
The hearings were held on appealed 2009 protests. Testimony was given on behalf of the County and by the appealers. No action was taken.
I, Joann M. Fischer, Knox County
Clerk, do hereby certify that the County Board of Equalization minutes are
correct to the best of my knowledge.
ATTEST: KNOX
_____________________________________________ By___________________________________________
Joann M. Fischer, Knox
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Center,
August
23, 2010
8:30
a.m.
A special meeting of the Knox County Board of Supervisors was held at the Court House in Center, Nebraska on the date of Monday, August 23, 2010 at 8:30 a.m. Present were Supervisors O’Connor Dist. #1, Swanson Dist. #2, Miller Dist. #3, Hanefeldt Dist. #4, Mackeprang Dist. #5, Banks Dist. #6 and Fuchtman Dist. #7. Absent were none. Chairman Banks presiding.
Chairman Banks announced to the
public that a copy of the Public Open Meeting Act was posted in the Boardroom.
Notice of the meeting was given in
advance thereof by publication in the Creighton News and Crofton Journal
newspapers, as shown by the Affidavit of Publication attached to these minutes.
Notice of this meeting was
simultaneously given to all members and a copy of their acknowledgment and
receipt of notice and agenda is attached to these minutes. All proceedings hereafter shown were taken
while the convened meeting was opened to the attendance of the public.
The purpose of this special
meeting was to review the preliminary 2010-2011 Knox County Budget and to
review individual office budgets with respective department heads.
Department
heads present in the morning were Co. Clk. Fischer, Hwy. Supt. Barta, Co.
Treas. Stark, Co. Assessor McManigal, Clk. of the Dist. Crt. Riesberg,
Extension Educators Terry Gompert and Ruth Vonderohe, Co. Court Magistrate
Boggs, Sheriff Henery, Emergency Manager Hintz and Co. Attorney Thomas.
Chairman
Banks moves the Board recess at 11:50 a.m.
The
Knox County Board of Supervisors reconvened at 12:20 p.m. with all members
present.
Department heads present in the
afternoon were Zoning Admin. Doerr, Veterans Service Officer Boggs, 911
Coordinator Janecek and Econ. Dev. Director Tauber.
The overview of the preliminary budget shows that the
valuation will decrease by $41,022,494 due to the passage of LB 1048 on the
wind energy credits. Cuts were made to several preliminary budgets.
Chairman
Banks adjourned the Knox County Board of Supervisors at 1:25 p.m., August 23,
2010 until Thursday, August 26, 2010 at 9:30 a.m. for a regular meeting.
I,
Joann M. Fischer, Knox County Clerk, do hereby certify that the
ATTEST:
OF
_____________________________________________ By___________________________________________
Joann M. Fischer, Knox
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