Board of Supervisors Minutes

January 2002

January 3, 2002:

The Fremont County Board of Supervisors met in regular session on Thursday, January 3, 2002, in the Fremont County Courthouse, Boardroom, with Aistrope, Hickey and Whipple present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Hickey moved to approve the agenda as posted; vote carried unanimously. Supervisor Hickey moved to approve the minutes of the previous Board session; vote carried unanimously.

At 9:00 a.m. the following resolutions were approved.

RESOLUTION: BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 3rd day of January, 2002, that Supervisor Aistrope is appointed Board Chairman and Supervisor Hickey is appointed to the position of Vice-Chairman.

Motion to approve the reorganization resolution made by Supervisor Hickey and seconded by Supervisor Whipple. Motion carried unanimously

ATTEST: Roll Call:

/s/ Lucille Hunt                                          /s/ David Aistrope, Chairman        aye
Fremont County Auditor                          /s/ Keith Hickey, Vice-Chairman   aye
                                                                  /s/ John E. Whipple                         aye

RESOLUTION: BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 3rd day of January, 2002, that the Board will hold its regular meetings on Tuesday and Thursday of each week in the office of the Fremont County Courthouse, Sidney, Iowa, commencing at 9:00 a.m. until business is concluded.

Motion made by Keith Hickey, seconded by Whipple, motion carrying unanimously.

 

ATTEST: Roll Call:

/s/ Lucille Hunt                                          /s/ David Aistrope, Chairman        aye
Fremont County Auditor                          /s/ Keith Hickey, Vice-Chairman   aye
                                                                  /s/ John E. Whipple                         aye

RESOLUTION: BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 3rd day of January, 2002, that the 2002 committee appointments are as follows: Supervisor Whipple – Fourth Judicial 28E Board, Southwest Iowa Juvenile Emergency Services Board, Hungry Canyons Authority, Recreation, Conservation and Development Regional and Local, Loess Hills Alliance, FREDCO and Landfill Commission. Supervisor Aistrope – Southwest Iowa Transit, Southwest Iowa Planning Commission, Board of Health, Southwest Iowa Home Health and E.M.S. Council and Landfill Commission. Supervisor Hickey – Alcohol and Drug Assistance Agency Inc., Waubonsie Mental Health Agency, Board of Social Welfare, Advisory Board for Clarinda Mental Health Center, SW Iowa MI, MR, DD, BI, Planning Council, Mental Health Board, ISAC County Case Management Services, Local Emergency Response and Landfill Commission.

Aistrope, Hickey and Whipple appointed to E911 Board with one vote.

Patricia Shull is re-appointed to the Board of Southwest Iowa Transit and Southwest Iowa Planning Commission.

Janeth Winkler is re-appointed as General Assistance Director.

Motion was made by Keith Hickey, seconded by Whipple, carrying unanimously.

ATTEST: Roll Call:

/s/ Lucille Hunt                                          /s/ David Aistrope, Chairman        aye
Fremont County Auditor                          /s/ Keith Hickey, Vice-Chairman   aye
                                                                  /s/ John E. Whipple                         aye

RESOLUTION: BE IT HEREBY RESOLVED by the Fremont County board of Supervisors this 3rd day of January, 2002, that the following be appointed to the Board of Health: Currently Janeth Winkler term ends

12-31-2002; Bobbie Mather, term ends 12-31-2002. Appointees for a three year term are: David Aistrope, term ending 12-31-2004; Dr. Tom Largen, term ending 12-31-2004; Vivian Lashier, term ends 12-31-2004.

Motion made by Keith Hickey, seconded by Whipple; motion carried unanimously.

ATTEST: Roll Call:

/s/ Lucille Hunt                                          /s/ David Aistrope, Chairman        aye
Fremont County Auditor                          /s/ Keith Hickey, Vice-Chairman   aye
                                                                  /s/ John E. Whipple                         aye

RESOLUTION: BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors his 3rd day of January, 2002, that the 2001 utilities as certified to the Auditor by the Iowa State Department of Revenue and Finance be approved, collected, and disposed of as regular taxes, according to taxing district.

Motion to approve made by Keith Hickey, seconded by Whipple, carrying unanimously.

ATTEST: Roll Call:

/s/ Lucille Hunt                                          /s/ David Aistrope, Chairman        aye
Fremont County Auditor                          /s/ Keith Hickey, Vice-Chairman   aye
                                                                  /s/ John E. Whipple                         aye

RESOLUTION: BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 3rd day of January, 2002, that the Sidney Argus-Herald and the Hamburg Reporter be designated as the County’s official newspapers for 2002.

Motion by Keith Hickey, seconded by Whipple, carrying unanimously.

ATTEST: :

/s/ Lucille Hunt                                          /s/ David Aistrope, Chairman        aye
Fremont County Auditor                          /s/ Keith Hickey, Vice-Chairman   aye
                                                                  /s/ John E. Whipple                         aye

RESOLUTION APPOINTING EMINENT DOMAIN COMPENSATION COMMISSION.

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 3rd day of January, 2002, that the following persons are appointed as members of the Eminent Domain Compensation Commission for the year 2002. BANKERS: Shirley Hall, Sidney, IA 51652; Martin McCartney, Sidney 51652; Kent Claiborne, Hamburg, IA 51640; Larry Rogers, Sidney IA 51652; Mike Shough, Farragut, IA 51639; Grant Schaaf, Randolph, IA 51649; Jay Longinaker, Randolph, IA 51649 REAL ESTATE: Denise Hammer, Tabor, IA 51653; Harold Snyder, Sidney, IA 51652; Patty Lundgren, Hamburg, IA 51640; Nancy Vanatta, Sidney, IA 51652; Jenna Gregory, Sidney, IA 51652; Cory Gordon, Riverton, IA 51650; John Smith Jr., Tabor, IA 51653 PROPERTY OWNERS: Lowell Sherwood, Percival, IA 51648; Willis Moyer, Sidney, IA 51652; Nancy Newlon, Thurman, IA 51654; Orville Athen, Hamburg, IA 51640; Roger Booker, Riverton, IA 51650; Gerald Head, Imogene, IA 51645; James D. Doyle, Farragut, IA 51639 FARMERS: John Askew, Thurman, IA 51654; Lynn Handy, Percival, IA 51648; Jim Peeler, Hamburg, IA 51640; John Wieder, Northboro, IA 51647; Charles Polk, Sidney, IA 51652; Keith Schaaf, Randolph, IA 51649; Steve Lorimor, Farragut, IA 51639.

Motion was made by Hickey, seconded by Whipple, carried unanimously.

ATTEST: Roll Call:

/s/ Lucille Hunt                                          /s/ David Aistrope, Chairman        aye
Fremont County Auditor                          /s/ Keith Hickey, Vice-Chairman   aye
                                                                  /s/ John E. Whipple                         aye

At 9:30 a.m. the following resolution was approved.

A RESOLUTION PROVIDING FOR A PUBLIC HEARING AND PUBLICATION OF NOTICE OF SAID HEARING TO CONSIDER FREMONT COUNTY ASSIGNING A CERTIFICATE OF PURCHASE AT TAX SALE

WHEREAS, the Fremont County Board of Supervisors, pursuant to Iowa Code Section 446.31, has the right to assign the certificate of purchase at tax sale for the total amount due as of the date of assignment or compromise the total amount due and assign the certificate of purchase at tax sale; and

WHEREAS, the Fremont County Board of Supervisors wants to assign the certificate of purchase at tax sale for the followng described real estate:

Parcel Number 430430697000000 – Lots One (1) and Two (2) in Block (7) in Phelps Addition, City of Hamburg, Fremont County, Iowa, according to the recorded plat thereof.

and

WHEREAS, Todd Ohlmeier, 1711 Main, Hamburg, Iowa 51640, submitted the bid of One dollar ($1) per lot and requested Fremont County, Iowa, forgo all of the past taxes on said real estate in exchange for the assignment of the certificate of purchase at tax sale; and

WHEREAS, the Fremont County Board of Supervisors has set forth a proposed resolution, pursuant to Iowa Code Section 331.361, to accept the bid and assign the certificate of purchase at tax sale for the above-described real estate to Todd Ohlmeier; and

WHEREAS, Iowa Code Section 331.361 requires the Board of Supervisors to hold a public hearing prior to approving the proposed resolution; and

WHEREAS, Iowa Code Section 331.361 directs the Board of Supervisors to publish notice of the public hearing at least once, not less than four (4) nor more than twenty (20) days prior to the public hearing pursuant to Iowa Code Section 331.305.

THEREFORE, BE IT RESOLVED:

A public hearing will be held at 10:00 a.m. on the 17th day of January, 2002, in the Boardroom at the Fremont County Courthouse, Sidney, Iowa, to discuss the assignment of the certificate of purchase at tax sale for the above-described real estate to Todd Ohlmeier. The Fremont County Auditor shall publish a notice of public hearing in the Sidney Argus Herald at least four (4) days but not more than twenty (20) days prior to the public hearing.

Passed this 3rd day of January, 2002.

Moved by Hickey, seconded by Whipple.

ATTEST: Roll Call:

/s/ Lucille Hunt                                          /s/ David Aistrope, Chairman        aye
Fremont County Auditor                          /s/ Keith Hickey, Vice-Chairman   aye
                                                                  /s/ John E. Whipple                         aye

Resolution prepared by

Fremont County Attorney’s Office

At 9:45 a.m. the following resolution was approved.

A RESOLUTION PROVIDING FOR A PUBLIC HEARING AND PUBLICATION OF NOTICE OF SAID HEARING TO CONSIDER THE TRANSFER OF MANTI PARK FROM FREMONT COUNTY, IOWA, TO THE CITY OF SHENANDOAH, IOWA.

WHEREAS, the City of Shenandoah, Iowa, requests Fremont County, Iowa transfer the deed to the following described tracts of real estates, otherwise known as Manti Park:

Tract One (1):

Five Hundred Feet (500’) of even width off the West side of a tract situated in Section Eleven (11), Township Sixty-Eight (68), North, Range Forty (40), West of the Fifth (5th) Principle Meridian and bounded and described as follows: Beginning at a stake on the North line of said Section Eleven (11) located twelve (12) feet West of a corner post for a fence running North and 38.5 feet North of the gate post for a fence running West and South therefrom, thence South 530.5 feet, thence South 17° 27’East 410.2 feet, thence North 80° 30’ East 225.0 feet, thence South 36° 27’East 210.0 feet, thence South 86° 50’East 315.0 feet, thence North 1° 38’ East 215.0 feet, thence East 205.3 feet, thence South 43° 25’ East 42.5 feet, thence South 10° 17’ East 243.0 feet, thence South 87° 02’ East 392.0 feet to a point on the North and South center line of said Section Eleven (11), thence North 0° 26’ East 1182.0 feet to the North Quarter corner of said Section Eleven (11), thence South 87° 54’ West 1422.3 feet to stake at point of beginning; subject, however, to the following reservations and conditions:

(1) An easement in Edith Marguerite Elias, her heirs, assigns, and successors in interest, running with the land and appurtenant to lands immediately adjacent to said tract on the South – said easement consisting of a roadway for ingress and egress to said lands from the highway at the North and from lands of the said Elias to the West – for purposes incident to farming operations, including the passage of farm equipment and livestock.

(2) A duty of the grantee to maintain a bridge across the stream traversing the tract herein conveyed for the benefit of the easement above described.

(3) An obligation of the grantee to erect and maintain a lawful fence along the South of the tract embraced in this conveyance, including the gateway, for the purposes of the reserved easement.

Tract Two (2):

That part of the Southeast Quarter (SE1/4) of Section Thirty-Five (35), Township Sixty-Nine (69), North, Range Forty (40), West of the Fifth (5th) Principle Meridian lying East of the existing highway and comprising approximately 2.11 acres, which includes the former Manti School site.

Tract Three (3):

Commencing at the Southwest corner of the Southwest Quarter (SW1/4) of the Southwest Quarter (SW1/4) of Section Thirty-Six (36), Township Sixty-Nine (69), North of Range Forty (40), West of the Fifth (5th) Principle Meridian, in Fremont County, Iowa, thence running East along the Section line 500 feet, thence North 30 feet, thence West parallel to the Section line 500 feet, thence South 30 feet to the point of beginning.

(As part of the consideration hereof, Fremont County, Iowa, agrees to build a road and bridge on said strip of land)

Said tract to extend from the West line East, and South line, North. A further description is a strip of land 30 feet wide and approximately 500 feet long, more or less, to the East line of land in what is known as the Manti Park, now owned by Fremont County Conservation Commission, deeded for the purpose of building a road and bridge across creek.

and

WHEREAS, the Fremont County Board of Supervisors has the right to dispose of an interest in real property by sale or exchange, by lease for a term of more than three years, or by gift pursuant to Iowa Code Section 331.361; and

WHEREAS, the Fremont County Board of Supervisors has set forth a proposed resolution, pursuant to Iowa Code Section 331.361, granting the City’s request to transfer the above-described real estate to the City of Shenandoah, Iowa; and

WHEREAS, Iowa Code Section 331.361 requires the Board of Supervisors to hold a public hearing prior to approving the proposed resolution; and

WHEREAS, Iowa Code Section 331.361 directs the Board of Supervisors to publish notice of the public hearing at least once, not less than four (4) nor more than twenty (20) days prior to the public hearing pursuant to Iowa Code Section 331.305.

THEREFORE, BE IT RESOLVED:

A public hearing will be held at 10:00 a.m. on the 24th day of January, 2002, in the Boardroom at the Fremont County Courthouse, Sidney, Iowa, to discuss the proposed resolution approving the transfer of the above-described real estate from Fremont County, Iowa, to the City of Shenandoah, Iowa. The Fremont County Auditor shall publish a notice of public hearing in the Sidney Argus Herald at least four (4) days but not more than twenty (20) days prior to the public hearing.

Passed this 3rd day of January, 2002.

Moved by Whipple, seconded by Hickey.

ATTEST: Roll Call:

/s/ Lucille Hunt                                          /s/ David Aistrope, Chairman        aye
Fremont County Auditor                          /s/ Keith Hickey, Vice-Chairman   aye
                                                                  /s/ John E. Whipple                         aye

Resolution prepared by Fremont County Attorney’s Office

At 10:00 a.m. a public hearing was held to accept a bid and authorize an agreement between Fremont County, Iowa and Nathanael I. George to assign a Certificate of Purchase at Tax Sale. There were no objections. Motion was made by Hickey to authorize Chairman Aistrope to sign an agreement between Fremont County, Iowa and Nathanael I. George to assign a Certificate of Purchase at Tax Sale. Motion was seconded by Whipple and carried unanimously.

RESOLUTION ACCEPTING BID AND AUTHORIZING AN AGREEMENT BETWEEN FREMONT COUNTY, IOWA, AND NATHANAEL I. GEORGE TO ASSIGN A CERTIFICATE OF PURCHASE AT TAX SALE

WHEREAS, the Fremont County Treasurer offered, at tax sale, the following described real estate:

Parcel Number 470470274000000 – East half (E ½) of Lot Two (2) in Out Lot Nineteen (19), in the original town of Sidney, Fremont County, Iowa, according to the recorded plat thereof pursuant to Iowa Code Section 446.18; and

WHEREAS, the Fremont County Treasurer received no bid on the above-described real estate; and

WHEREAS, Fremont County, Iowa, became the owner of the certificate of purchase at tax sale for the above-described real estate pursuant to Iowa Code Section 446.19; and

WHEREAS, the Fremont County Board of Supervisors, pursuant to Iowa Code Section 446.31, has the right to assign the certificate of purchase at tax sale for the total amount due as of the date of assignment or compromise the total amount due and assign the certificate of purchase at tax sale; and

WHEREAS, Nathanael I. George, 2074 355th Avenue, Farragut, Iowa 51639, submitted the bid of One Hundred dollars ($100) in exchange for the assignment of the certificate of purchase at tax sale for the above-described real estate; and

WHEREAS, the Fremont County Board of Supervisors want to accept Mr. George’s bid; and

WHEREAS, the Fremont County Board of Supervisors held a public hearing on the 3rd day of January, 2002, to discuss acceptance of the bid and assignment of the certificate of purchase at tax sale to Nathanael I. George; and

WHEREAS, there were no objections to the acceptance of the bid and assignment of the certificate of purchase at tax sale expressed at the public hearing; and

WHEREAS, the assignment of the certificate of purchase at tax sale to Mr. George is in the best interest of Fremont County, Iowa.

THEREFORE IT IS HEREBY RESOLVED, the Fremont County Board of Supervisors authorizes and directs the Chairman of the Board of Supervisors, David Aistrope, to execute an agreement between Fremont County, Iowa, and Nathanael I. George to assign the certificate of purchase at tax sale for the above-described real estate. The Fremont County Board of Supervisors further authorizes and directs the Chairman of the Board of Supervisors, David Aistrope, to execute all other documents necessary to effectuate assignment of the certificate of purchase at tax sale to Mr. George.

IT IS SO RESOLVED, this 3rd day of January, 2002.

ATTEST: Roll Call:

/s/ Lucille Hunt                                          /s/ David Aistrope, Chairman        aye
Fremont County Auditor                          /s/ Keith Hickey, Vice-Chairman   aye
                                                                  /s/ John E. Whipple                         aye

Resolution prepared by Fremont County Attorney’s Office

A resolution to assign the certificate of purchase at tax sale will not be signed until Mr. George signs the agreement and submits a check for $100.00.

Sandra Sillers stopped in to inform the Board that the State cut $79,000 from her budget this year and she won’t be able to budget it for next year. She said cuts will have to be made in her department for the next budget year.

Tracey Vanatta, Patty Lundgren and Administrator Paula Pickens met with the Board in regards to the budget for Southwest Iowa Home Health. They project a shortfall of $61,031.38 for 2001/2002. Paula said the rates will have to be raised.

In other business, the Report of Soldiers Relief and the Recorder’s Monthly Report were approved. The following claims were approved. Claim numbers 18172 and 18173 were not approved.

There being no further business, motion for adjournment was made.

ATTEST:

Fremont County Auditor                                         David Aistrope, Chairman

January 8, 2002:

The Fremont County Board of Supervisors met in regular session on Tuesday, January 8, 2002, in the Fremont County Courthouse, Boardroom, with Aistrope, Hickey and Whipple present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Hickey moved to approve the agenda as posted; vote carried unanimously. Supervisor Hickey moved to approve the minutes of the previous Board session; vote carried unanimously.

At 9:00 a.m. the following resolution was approved.

RESOLUTION TO PUBLISH NOTICE OF CHANGES IN COUNTY PRECINCTS

WHEREAS, Iowa Code Section 49.11 requires the County Board of Supervisors to publish changes in county precincts for three consecutive weeks upon approval by the state commissioner of elections.

THEREFORE, the auditor is directed to publish the changes in county precincts, as approved by the state commissioner of elections, for three consecutive weeks. The precincts include all area, both town and rural, lying within the boundaries of said precinct, with the exception of the City of Hamburg, Iowa.

PRECINCT NAME:                                                                                     TERRITORY INCLUDED:

Benton Precinct                                                                                           Benton Township

Farragut Precinct                                                                                        Walnut, Fisher and Locust Grove Townships and
                                                                                                                      Precinct 4 of the Incorporated Area of Shenandoah that lies
                                                                                                                      Within Fisher Township, Fremont County

Green Precinct                                                                                           Green Township

Monroe Precinct                                                                                         Monroe Township

Riverside Precinct                                                                                     Riverside Township

Riverton Precinct                                                                                       Riverton and Madison Townships

Scott Precinct                                                                                            Scott Township

Sidney Precinct                                                                                         Sidney and Prairie Townships

Washington Precinct                                                                                 Washington Township except for the City of Hamburg

Motion by Whipple, seconded by Hickey.

Passed this 8th day of January, 2002.

ATTEST: Roll Call:

/s/ Lucille Hunt                                          /s/ David Aistrope, Chairman        aye
Fremont County Auditor                          /s/ Keith Hickey, Vice-Chairman   aye
                                                                  /s/ John E. Whipple                         aye

At 9:15 a.m. the following resolution was approved.

RESOLUTION: WHEREAS, a vacancy has occurred on the Fremont County Commission of Veteran’s Affairs.

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 8th day of January, 2002, that Calvin Roulson be appointed to the Commission of Veteran’s Affairs for the remainder of the term to fill the vacancy.

Moved by Whipple, seconded by Hickey, carried unanimously.

ATTEST: Roll Call:

/s/ Lucille Hunt                                          /s/ David Aistrope, Chairman        aye
Fremont County Auditor                          /s/ Keith Hickey, Vice-Chairman   aye
                                                                  /s/ John E. Whipple                         aye

At 9:20 a.m. Christine M. Sheldon presented the Semi Annual Report to the Board.

The resolution for acceptance of Moody Drive was moved to Thursday’s agenda.

At 10:00 a.m. Vicki Danley, Steve MacDonald, Angela Rasmussen, Rick McIntye and Red Haun met with the Board in regards to an ordinance for E911. After discussion and revisions, the Board said they wanted County Engineer Dan Davis to review the ordinance.

At 11:30 a.m. Nathanael George met with the Board. Aistrope was authorized in a previous meeting to sign the following resolution.

RESOLUTION – ASSIGNMENT OF CERTIFICATE OF PURCHASE AT TAX SALE

Fremont County, Iowa, does hereby assign the certificate of purchase at tax sale for Parcel Number 470470274000000 – East half (E1/2) of Lot Two (2) in Out Lot Nineteen (19), in the original town of Sidney, Fremont County, Iowa, according to the recorded plat thereof to Nathanael I. George, 2074 355th Avenue, Farragut, Iowa 51639.

Fremont County, Iowa shall endorse the certificate of purchase at tax sale as necessary to effectuate this assignment.

Dated this 8th day of January, 2002.

ATTEST:

/s/ Lucille Hunt                                         /s/ David Aistrope, Chairman

Fremont County Auditor
STATE OF IOWA )

) ss

COUNTY OF FREMONT )

On this 8th day of January, 2002, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared David Aistrope, to me personally known, who being by me duly sworn, did say that he is a member of the Fremont County Board of Supervisors and that said instrument was signed on behalf of the Fremont County Board of Supervisors and hereby acknowledges the execution of the foregoing instrument to be the voluntary act and deed of the Fremont County Board of Supervisors, by it and by him voluntarily executed.

/s/ Arnold Emberton

Notary Public in and for the State of Iowa

In other business, the Sheriff’s Monthly Report of Fees Collected was approved. Payroll for January 11, 2002 was approved.

The following claim was approved for a hand-written warrant: Co. Conserv. Land Acq. Tr. Fund: Citizens Executive Leasing, 25,845.02.

There being no further business, motion for adjournment was made.

ATTEST:

Fremont County Auditor                                         David Aistrope, Chairman

January 10, 2002:

The Fremont County Board of Supervisors met in regular session on Thursday, January 10, 2002, in the Fremont County Courthouse, Boardroom, with Aistrope, Hickey and Whipple present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Hickey moved to approve the agenda as posted; vote carried unanimously. Supervisor Hickey moved to approve the minutes of the previous Board session, vote carried unanimously.

At 9:00 a.m. Tom Bouska, from the Department of Human Services, discussed the reorganization of the Department of Human Services. He said the office in Fremont County is part time but he didn’t know the days or hours. He said the area supervisor will be in touch with the Board.

At 9:30 a.m. County Engineer Dan Davis met with the Board. Motion was made by Hickey to authorize Chairman Aistrope to sign a payment voucher for HGM Associates, Inc., Omaha, Nebraska, for project number BROS-CO36(31)—5F-36. Motion was seconded by Whipple and carried unanimously. Motion was made by Hickey to authorize Chairman Aistrope to sign the contract between Board of Supervisors of Fremont County, Iowa, contracting authority, and Cedar Valley/Corp. of Waterloo, Iowa, Contractor, for Project FM-CO36(25)—55-36, PCC Pavement, J34, 1.39 miles, from approximately 1.4 miles west of the city of Sidney, east to Jct. with U.S. 275 in Sidney, for and in consideration of $906,764.58. Motion was seconded by Whipple and carried unanimously.

After discussion the following resolution was approved.

RESOLUTION: WHEREAS, Fremont County accepts maintenance responsibility for a portion of Moody Drive.

WHEREAS, on August 6, 1964, the official plat of Moody’s Replat was filed and recorded by the Fremont County Recorder; and

WHEREAS, filing of an official plat, in an unincorporated area, conveys an easement in platted streets for public use in some circumstances; and the owners along said portion have conveyed an additional 10 foot easement to meet subdivision requirements; and

WHEREAS, some of the property owners of Moody’s Replat have paved a portion of the street known as Moody Drive from the southerly line of lot 5, thence southerly 405’ with seven inches of concrete with integral curb and gutter, which meets subdivision regulations for unincorporated areas of Fremont County; and

NOW THEREFORE BE IT RESOLVED by the Fremont County Board of Supervisors;

Section 1. That as long as said area is not incorporated or does not become a part of the City of Hamburg, Iowa, by annexation, Fremont County accepts responsibility for maintenance of a portion of the street known as Moody Drive from the southerly line of lot 5, thence southerly 405’.

Section 2. That repair, replacement, or alteration of surface type shall be determined by the County Engineer based on availability of financing and sound engineering practices.

Section 3. That a load limit of ten tons be placed upon said street. Sign shall be maintained by the county.

Motion made this 10th day of January, 2002 at 9:50 o’clock a.m. by Whipple, seconded by Hickey,

ATTEST: Roll Call:

/s/ Lucille Hunt                                          /s/ David Aistrope, Chairman        aye
Fremont County Auditor                          /s/ Keith Hickey, Vice-Chairman   aye
                                                                  /s/ John E. Whipple                         aye

At 10:00 a.m. the Board sent a letter to the elected officials and departments stating the Compensation Board recommended a 4% increase in salary for the elected officials and the county is budgeting Plan 5 for Wellmark Blue Cross and Blue Shield for fiscal year 2002/2003.

At 11:00 a.m. Tom Lawlor presented the annual report for West Central and requested the same budget amount as last year.

There being no further business, motion for adjournment was made.

ATTEST:

Fremont County Auditor                         David Aistrope, Chairman

January 15, 2002:

The Fremont County Board of Supervisors met in regular session on Tuesday, January 15, 2002, in the Fremont County Courthouse, Boardroom, with Aistrope, Hickey and Whipple present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Hickey moved to approve the agenda as posted; vote carried unanimously. Supervisor Hickey moved to approve the minutes of the previous Board session; vote carried unanimously.

At 9:00 a.m. motion was made by Whipple to request a state audit for fiscal year 2001/2002. Motion was seconded by Hickey and carried unanimously.

Cory Gordon called to reschedule her appointment with the Board because of illness in the family.

At 10:00 a.m. Larry Briley, Todd Moyer, Curt Boyd, Chris Boyd, Patrick Gress, Bill Homeyer, Howard Ettleman and Dan Davis met with the Board. They discussed the drainage problems in their farming area in regards to road ditches that needed to be cleaned. After discussion the County Engineer said he would do a survey and get a cost estimate of cleaning a road ditch in Section 31, T69, R43.

The following claims for January 18, 2002 were approved. Claim number 18219 was not approved.

There being no further business, motion for adjournment was made.

ATTEST:

Fremont County Auditor                                         David Aistrope, Chairman

January 17, 2002:

The Fremont County Board of Supervisors met in regular session on Thursday, January 17, 2002, in the Fremont County Courthouse, Boardroom, with Aistrope, Hickey and Whipple present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Hickey moved to approve the agenda as posted; vote carried unanimously. Supervisor Hickey moved to approve the minutes of the previous Board session; vote carried unanimously.

At 9:00 a.m. Cory Gordon met with the Board in regards to Waubonsie Ridge Renewal Plan. The Board said they wanted to talk to Attorney Robert Josten before they proceeded with the Urban Renewal Plan.

RESOLUTION FOR DEPOSITORY FOR COUNTY RECORDER

WHEREAS, the Fremont County Recorder deposited Recorder funds in the United National Bank, and

WHEREAS, the United National Bank is now the Citizens Bank.

THEREFORE, be it resolved by the Fremont County Board of Supervisors this 17th day of January, 2002, that the Fremont County Recorder is authorized to deposit the Recorder’s funds in the Citizens Bank of Sidney, Iowa.

Motion to approve made by Whipple, seconded by Hickey, carried unanimously.

ATTEST: Roll Call:

/s/ Lucille Hunt                                          /s/ David Aistrope, Chairman        aye
Fremont County Auditor                          /s/ Keith Hickey, Vice-Chairman   aye
                                                                  /s/ John E. Whipple                         aye

At 9:30 a.m. Pat Hall and Debbie Archibald from SWIPCO and SWITA met with the Board with their annual report and request for fiscal year 2002/2003 budget.

At 10:00 a.m. a public hearing was held in regards to accepting a bid and authorizing an agreement between Fremont County, Iowa, and Todd Ohlmeier to assign a certificate of purchase at tax sale. After discussion and with no objections, motion was made by Hickey to approve the following resolution. Motion was seconded by Whipple and carried unanimously.

At 10:15 a.m. the Board discussed the pending E911 Ordinance. County Engineer Dan Davis was present.

RESOLUTION ACCEPING BID AND AUTHORIZING AN AGREEMENT BETWEEN FREMONT COUNTY, IOWA, AND TODD OHLMEIER TO ASSIGN A CERTIFICATE OF PURCHASE AT TAX SALE

WHEREAS, the Fremont County Treasurer offered, at tax sale, the following described real estate:

Parcel Number 430430697000000 – Lots One (1) and Two (2) in Block Seven (7) in Phelps Addition, City of Hamburg, Fremont County, Iowa, according to the recorded plat thereof. Pursuant to Iowa Code Section 446.18; and

WHEREAS, the Fremont County Treasurer received no bid on the above-described real estate; and

WHEREAS, Fremont County, Iowa, became the owner of the certificate of purchase at tax sale for the above-described real estate pursuant to Iowa Code Section 446.19; and

WHEREAS, the Fremont County Board of Supervisors, pursuant to Iowa Code Section 446.31, has the right to assign the certificate of purchase at tax sale for the total amount due as of the date of assignment or compromise the total amount due and assign the certificate of purchase at tax sale; and

WHEREAS, Todd Ohlmeier, 1711 Main, Hamburg, Iowa 51640, submitted the bid of One dollar ($1) per lot and requested Fremont County, Iowa, forgo all of the past taxes on said real estate in exchange for the assignment of the certificate of purchase at tax sale for the above-described real estate; and

WHEREAS, the Fremont County Board of Supervisors want to accept Mr. Ohlmeier’s bid and grant his request to forgo all of the past taxes on the above-described real estate; and

WHEREAS, the Fremont County Board of Supervisors held a public hearing on the 17th day of January, 2002, to discuss acceptance of the bid and assignment of the certificate of purchase at tax sale to Todd Ohlmeier; and

WHEREAS, there were no objections to the acceptance of the bid and assignment of the certificate of purchase at tax sale expressed at the public hearing; and

WHEREAS, the assignment of the certificate of purchase at tax sale to Mr. Ohlmeier is in the best interest of Fremont County, Iowa.

THEREFORE IT IS HEREBY RESOLVED, the Fremont County Board of Supervisors authorizes and directs the Chairman of the Board of Supervisors, David Aistrope, to execute an agreement between Fremont County, Iowa, and Todd Ohlmeier to assign the certificate of purchase at tax sale for the above-described real estate. The Fremont County Board of Supervisors further authorizes and directs the Chairman of the Board of Supervisors, David Aistrope, to execute all other documents necessary to effectuate assignment of the certificate of purchase at tax sale to Mr. Ohlmeier.

IT IS SO RESOLVED, this 17th day of January, 2002.

ATTEST: Roll Call:

/s/ Lucille Hunt                                          /s/ David Aistrope, Chairman        aye
Fremont County Auditor                          /s/ Keith Hickey, Vice-Chairman   aye
                                                                  /s/ John E. Whipple                         aye

Resolution prepared by Fremont County Attorney’s Office

At 10:15 a.m. the Board discussed the pending E911 Ordinance. County Engineer Dan Davis was present.

Motion was made by Hickey to authorize Chairman Aistrope to approve the renewal of the liquor license for the Sidney Legion Club. Motion was seconded by Whipple and carried unanimously.

At 11:20 a.m. Attorney Bruce Green met with the Fremont County Board of Supervisors in regards to a pending lawsuit. Chairman Aistrope called for a roll call vote according to Iowa Code 21.5(c) a governmental body may hold a closed session only by affirmative public vote of either two thirds of the members of the body or all of the members present at the meeting to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. Whipple moved to go into closed session at 11:25 a.m. with the roll call vote: Hickey, aye; Aistrope, aye; Whipple, aye. Whipple moved to go out of closed session at 12:22 p.m. Hickey, aye; Aistrope, aye; Whipple, aye.

There being no further business, motion for adjournment was made.

ATTEST:

Fremont County Auditor                                         David Aistrope, Chairman

January 22, 2002:

The Fremont County Board of Supervisors met in regular session on Tuesday, January 22, 2002, in the Fremont County Courthouse, Boardroom, with Aistrope and Whipple present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Whipple moved to approve the agenda as posted; vote carried unanimously. Supervisor Whipple moved to approve the minutes of the previous Board session; vote carried unanimously. Hickey was attending an ISAC meeting in Des Moines.

At 9:00 a.m. Cory Gordon met with the Board in regards to Waubonsie Ridge Urban Renewal Plan. The Board made a conference call to Robert Josten in Des Moines. The Urban Renewal Plan was discussed and he asked that the plan be sent to him for review.

Payroll was approved for January 25, 2002.

There being no further business, motion for adjournment was made.

ATTEST:

Fremont County Auditor                                         David Aistrope, Chairman

January 24, 2002:

The Fremont County Board of Supervisors met in regular session on Thursday, January 24, 2002, in the Fremont County Courthouse, Boardroom, with Aistrope, Hickey and Whipple present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Hickey moved to approve the agenda as posted; vote carried unanimously. Supervisor Whipple moved to approve the minutes of the previous Board session; vote carried unanimously.

At 9:00 a.m. the Board canvassed the drainage election held on January 19, 2002. Georgene Peeler was present.

At 10:00 a.m. the following resolution was approved. John Field was present.

RESOLUTION APPROVING TRANSFER OF MANTI PARK FROM FREMONT COUNTY, IOWA, TO THE CITY OF SHENANDOAH, IOWA

WHEREAS, the City of Shenandoah, Iowa, requests Fremont County, Iowa transfer the deed to the following described tracts of real estates, otherwise known as Manti Park:

Tract One (1):

Five Hundred Feet (500’) of even width off the West side of a tract situated in Section Eleven (11), Township Sixty-Eight (68), North, Range Forty (40), West of the Fifth (5th) Principle Meridian and

bounded and described as follows: Beginning at a stake on the North line of said Section Eleven (11) located twelve (12) feet West of a corner post for a fence running North and 38.5 feet North of the gate post for a fence running West and South therefrom, thence South 530.5 feet, thence South 17° 27’East 410.2 feet, thence North 80° 30’East 225.0 feet, thence South 36° 27’East 210.0 feet, thence South 86° 50’East 315.0 feet, thence North 1° 38’East 215.0 feet, thence East 205.3 feet, thence South 43° 25’ East 42.5 feet, thence South 10° 17’East 243.0 feet, thence South 87° 02’East 392.0 feet to a point on the North and South center line of said Section Eleven (11), thence North 0° 26’East 1182.0 feet to the North Quarter corner of said Section Eleven (11), thence South 87° 54’West 1422.3 feet to stake at point of beginning; subject, however, to the following reservations and conditions:

 (1) An easement in Edith Marguerite Elias, her heirs, assigns, and successors in interest, running with the land and    apurtenant to lands immediately adjacent to said tract on the South – said easement consisting of a roadway for ingress and egress to said lands from the highway at the North and from lands of the said Elias to the West – for purposes incident to farming operations, including the passage of farm equipment and livestock.

(2) A duty of the grantee to maintain a bridge across the stream traversing the tract herein conveyed for the benefit of the easement above described.

(3) An obligation of the grantee to erect and maintain a lawful fence along the South of the tract embraced in this conveyance, including the gateway, for the purposes of the reserved easement.

Tract Two (2):

That part of the Southeast Quarter (SE1/4) of Section Thirty-Five (35), Township Sixty-Nine (69), North, Range Forty (40), West of the Fifth (5th) Principle Meridian lying East of the existing highway and comprising approximately 2.11 acres, which includes the former Manti School site.

Tract Three (3):

Commencing at the Southwest corner of the Southwest Quarter (SW1/4) of the Southwest Quarter(SW1/4) of Section Thirty-Six (36), Township Sixty-Nine (69), North of Range Forty (40), West of the Fifth (5th) Principle Meridian, in Fremont County, Iowa, thence running East along the Section line 500 feet, thence South 30 feet to the point of beginning.

(As part of the consideration hereof, Fremont County, Iowa, agrees to build a road and bridge on said strip of land)

Said tract to extend from the West line East, and South line, North. A further description is a strip of

land 30 feet wide and approximately 500 feet long, more or less, to the East line of land in what is known as the Manti Park, now owned by Fremont County Conservation Commission, deeded for the purpose of building a road and bridge across creek.

and,

WHEREAS, the Fremont County Board of Supervisors has the right to dispose of an interest in real property by sale or exchange, by lease for a term of more than three years, or by gift pursuant to Iowa Code Section 331.361; and

WHEREAS, the Fremont County Conservation Board has the custody, control and management of all real and personal property heretofore or hereafter acquired by Fremont County, Iowa, for public parks pursuant to Iowa Code Section 350.4; and

WHEREAS, the Fremont County Board of Supervisors want to grant the City’s request; and

WHEREAS, the Fremont County Board of Supervisors held a public hearing on the 24th day of January, 2002, to discuss transferring the above-described real estate from Fremont County, Iowa, to the City of Shenandoah, Iowa; and

WHEREAS, there were no objections to the transfer of the above-described real estate from Fremont County, Iowa, to the City of Shenandoah, Iowa; and

WHEREAS, the Fremont County Conservation Board determined it has no interest in the upkeep of Manti Park as evidenced by the minutes from its regular session on September 13, 2001; and

WHEREAS, the City of Shenandoah, Iowa, is a public entity and intends to use the above-described real estate for a public purpose as required by Iowa Code Section 331.361; and

WHEREAS, the above-described real estate no longer fulfills the purpose for which Fremont County, Iowa, acquired said real estate.

NOW, THEREFORE, BE IT RESOLVED:

The Fremont County Board of Supervisors approves the transfer of the above-described real estate from Fremont County, Iowa, to the City of Shenandoah, Iowa, requests the Fremont County Attorney prepare a deed to effect said transfer of real estate, and directs the Chairman of the Fremont County Board of Supervisors to sign the deed on behalf of Fremont County, Iowa.

Passed this 24th day of January, 2002.

Moved by Whipple, seconded by Hickey.

ATTEST: Roll Call:

/s/ Lucille Hunt                                          /s/ David Aistrope, Chairman        aye
Fremont County Auditor                          /s/ Keith Hickey, Vice-Chairman   aye
                                                                  /s/ John E. Whipple                         aye

Resolution prepared by

Fremont County Attorney’s Office

At 10:15 a.m. motion was made by Hickey to appoint Lori Falk-Goss, Assistant Pottawattamie County Attorney, to be a special prosecutor in Case No. PCCV023242, Russel Dean Robinson v. State of Iowa, at the request of the County Attorney. Motion was seconded by Whipple and carried unanimously.

There being no further business, motion for adjournment was made.

ATTEST:

Fremont County Auditor                                         David Aistrope, Chairman

January 29, 2002:

The Fremont County Board of Supervisors met in regular session on Tuesday, January 29, 2002, in the Fremont Courthouse, Boardroom, with Aistrope and Hickey present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Hickey moved to approve the agenda as posted; vote carried unanimously.

Supervisor Hickey moved to approve the minutes of the previous Board session; vote carried unanimously.

At 9:30 a.m. County Engineer Dan Davis met with the Board. The County Engineer discussed purchasing land for the future county shop area. Funds have been reserved by the Secondary Road Department for this project for several years. County Engineer Davis presented three sites. The County already owns property within two of the sites. Hickey made a motion to authorize Engineer Davis to proceed with the plan to purchase land. Motion was seconded by Aistrope and carried unanimously. Various county sites now owned by Secondary Roads may be sold when the new shop area is completed. A public hearing will be held before the construction of any buildings or improvements.

Engineer Davis reported that 400 feet of road ditch will be cleaned in regards to the problem in Section 31, T69, R43.

Motion was made by Hickey to authorize Chairman Aistrope to sign a Unified Certification Program from the Iowa Department of Transportation. Motion was seconded by Aistrope and carried unanimously.

The Board reviewed various departmental budgets.

There being no further business, motion for adjournment was made.

ATTEST:

Fremont County Auditor                                         David Aistrope, Chairman

January 31, 2002:

The Fremont County Board of Supervisors met in regular session on Thursday, January 31, 2002, in the Fremont County Courthouse, Boardroom, with Aistrope and Hickey present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Hickey moved to approve the agenda as posted; vote carried unanimously. Supervisor Hickey moved to approve the minutes of the previous Board session; vote carried unanimously.

At 9:15 a.m. County Engineer Dan Davis met with the Board. Motion was made by Hickey to approve the following resolution.

RESOLUTION: Whereas the Iowa Chamber Alliance is promoting a proposal to change the Road Use Tax Fund Distribution Formula to increase the city’s share from 20 to 25 percent, to increase the state’s share from 47.5 to 50 percent, and to decrease the county’s share from 32.5 to 25 percent, and to change the basis for the division of the county’s share from area and needs to population,

And Whereas we foresee that if this proposal is successful, it will result in dramatic changes to funding levels for County Secondary Road Departments, affecting the ability to provide maintenance and construction services on Secondary Roads.

And Whereas the County Secondary Road System is vitally important with respect to providing a transportation system that serves the needs of the agricultural industry, and provides safe travel routes for school buses, mail carriers, rural residents, and the traveling public,

And Whereas the continued upkeep of the rural roads is so very important that funding levels cannot be shifted away from them.

Be It Therefore Resolved that the Fremont County Board of Supervisors oppose the Iowa Chamber Alliance proposal in the initial form that it has been presented. Passed and Approved on this 31st day of January, 2002.

ATTEST:

/s/ Lucille Hunt                                                      /s/ David Aistrope, Chairman aye
Fremont County Auditor                                      /s/ Keith Hickey aye

Motion was made by Hickey to authorize Chairman Aistrope to sign two payment vouchers to the Iowa Department of Transportation, voucher number 290601-contract number 01930 and voucher number 290629-contract number 01931. Motion was seconded by Aistrope, carrying unanimously.

The Board reviewed departmental budgets.

There being no further business, motion for adjournment was made.

ATTEST:

Fremont County Auditor                                         David Aistrope, Chairman
 

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