Board of Supervisors Minutes

January 2011

January 4, 2011

The Fremont County Board of Supervisors met in regular session on Tuesday, January 4, 2011, in the Fremont County Courthouse Boardroom, with Morgan, Bartholomew and Hickey present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Minutes of the previous Board session were read and approved. The agenda was approved as posted.

Let the records show Grace Johnson with the Hamburg Reporter was present for this meeting.

Twila Larson, FREDCO Director stopped in to visit with the board.

At 9:15 a.m. the Board approved the following resolutions to reorganize the Board for year 2011.

RESOLUTION NO. 2011-1

WHEREAS, motion was made by Bartholomew to appoint Morgan as Board Chairman and motion was made by Hickey to appoint Bartholomew as Board Vice Chairman.

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 4th day of January 2011, that Supervisor Morgan is appointed Board Chairman and Supervisor Bartholomew is appointed to the position of Vice-Chairman.

ATTEST:

/s/ Joan Kirk                                                                                /s/ Cara Morgan, Chairman       aye
Fremont County Auditor                                                               /s/ 
Bart Bartholomew               aye
                                                                                        
         /s/  Randy Hickey                     aye

RESOLUTIONS NO. 2011-2

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 4th day of January 2011, that the 2011 committee appointments are as follows:

Supervisor Bartholomew – Tourism Board, Welcome Center Board, Landfill Commission, Waubonsie Mental Health, West Central Development, Emergency Management Commission, Local Emergency Response, and County Safety Committee. Supervisor Hickey – DECAT Board, DHS Service Advisory Board, Landfill Commission, FREDCO, Regional Planning Affiliate Board, Board of Health, Clarinda Mental Health Center Advisory Board, Workforce Development, and Local Emergency Response. Supervisor Morgan – Loess Hills Alliance, Loess Hills Authority, Hungry Canyons Authority, Hungry Canyons Alliance, Southwest Iowa Transit, Southwest Iowa Planning Council, Fourth Judicial 28E Board, Zion Recovery Board, Local Emergency Response, and Southwest Iowa Juvenile Emergency Services Board.

Bartholomew, Morgan and Hickey appointed to E911 Board with one vote.

Motion was made by Hickey.

ATTEST:

/s/ Joan Kirk                                                                                /s/ Cara Morgan, Chairman       aye
Fremont County Auditor                                                               /s/ 
Bart Bartholomew               aye
                                                                                        
         /s/  Randy Hickey                     aye

RESOLUTION NO. 2011-4

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 4th day of January 2011, that the 2010 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 Bartholomew.

ATTEST:

/s/ Joan Kirk                                                                                /s/ Cara Morgan, Chairman       aye
Fremont County Auditor                                                               /s/ 
Bart Bartholomew               aye
                                                                                        
         /s/  Randy Hickey                     aye

RESOLUTION NO. 2011-5

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 4th day of January 2011, that the Board will hold its regular meetings on Tuesday of each week in the office of the Fremont County Courthouse, Sidney, Iowa, commencing at 9:00 a.m. until business is concluded. The fourth Tuesday of each month the meeting will be held at 6:30 p.m. with no morning meetings.

Motion made by Hickey.

ATTEST:

/s/ Joan Kirk                                                                                /s/ Cara Morgan, Chairman       aye
Fremont County Auditor                                                               /s/ 
Bart Bartholomew               aye
                                                                                        
         /s/  Randy Hickey                     aye

RESOLUTION NO. 2011-6

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 4th day of January 2011 that the Sidney Argus-Herald and The Hamburg Reporter be designated as the County's official newspapers for 2011.

Motion to approve made by Bartholomew.

ATTEST:

/s/ Joan Kirk                                                                                /s/ Cara Morgan, Chairman       aye
Fremont County Auditor                                                               /s/ 
Bart Bartholomew               aye
                                                                                        
         /s/  Randy Hickey                     aye

The Board also approved the following Resolutions for hiring and retaining employees.

RESOLUTION NO. 2011-7

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 3rd day of January, 2011, that the following appointments be approved with the commission to expire December 31, 2015, unless sooner revoked or when said Deputy ceases to perform duties: Melva Hargis as Deputy Recorder and Kelly Nielsen as Part-Time Deputy Recorder.

Motion to approve made by Hickey.

ATTEST:

/s/ Joan Kirk                                                                                /s/ Cara Morgan, Chairman       aye
Fremont County Auditor                                                               /s/ 
Bart Bartholomew               aye
                                                                                        
         /s/  Randy Hickey                     aye

RESOLUTION: 2011-8

RESOLUTION TO ALLOW COUNTY ATTORNEY TO HIRE

WHEREAS, the Office of the Fremont County Attorney employs Jennifer Clark in the position of Paralegal/Office Manager and Patricia Lant in the position of Victim Witness Coordinator/Collections,

WHEREAS, the Fremont County Attorney wishes to retain said employees in said positions;

BE IT RESOLVED BY THE FREMONT COUNTY BOARD OF SUPERVISORS That Jennifer Clark be retained in the position of Paralegal/Office Manager and Patricia Rengifo-Lant be retained in the position of Victim/Witness Coordinator/Collections.

Motion made by Hickey.

ATTEST:

/s/ Joan Kirk                                                                                /s/ Cara Morgan, Chairman       aye
Fremont County Auditor                                                               /s/ 
Bart Bartholomew               aye
                                                                                        
         /s/  Randy Hickey                     aye



RESOLUTION NO. 2011-9

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 4rd day of January, 2011, that the following appointments be approved with the commission to expire December 31, 2015, unless sooner revoked or when said Deputy ceases to perform duties: Mary Hansen, Patricia Martin and Alise Snyder as Deputy Treasurer.

Motion to approve made by Hickey.

ATTEST:

/s/ Joan Kirk                                                                                /s/ Cara Morgan, Chairman       aye
Fremont County Auditor                                                               /s/ 
Bart Bartholomew               aye
                                                                                        
         /s/  Randy Hickey                     aye

At 10:00 a.m. West Central Community Action Director Joel Dirks gave an update on providing $1,168,236 worth of services to Fremont County in 2010, and West Central Community Action is requesting the same $3,000 appropriated as last year.

At 10:15 a.m. Dick Hunt and Greg Connell met with the board for an introduction to new board members.

At 10:30 a.m. Jay Moore met with the board to discuss calling the Grand Jury together regarding an incident on Interstate 29. Steve Owen and Kevin Aistrope were also present. The board referred him to the County Attorney’s Office.

At 10:45 a.m. the board signed a letter to the State Auditor requesting an Audit for fiscal year ending June 30, 2011.

At 10:50 Fremont County Sheriff, Kevin Aistrope met with the board requesting a budget amendment for $35,000 due to the cost of housing female prisoners out of the county because the county’s jail is not able to house them. Bartholomew made a motion to approve the amendment. Hickey, aye; Bartholomew, aye; Morgan, aye.

Sheriff Aistrope said repairs to the jail floor have been completed and was wondering where to charge the $5,848. Motion was made by Bartholomew to pay for flooring out of Local Option Maintenance. Hickey, aye; Bartholomew, aye; Morgan, aye.

At 11:15 a.m. Fremont County Engineer, Dan Davis met with the board. Motion was made by Hickey authorizing Chairman Morgan to sign Work in ROW Permit for Gary Smiley to clean 1000’ of Ditch of Fill in Walnut Twp near 190th St. & 408th Ave. Hickey, aye; Bartholomew, aye; Morgan, aye.

Davis requested to hire an employee that is currently working part-time to fill a full-time position not filled a year ago. Bartholomew made a motion to allow the hire. Hickey, aye; Bartholomew, aye; Morgan, aye.

In other business, the Sheriff’s Monthly Report was approved.

Claims were approved for January 7, 2011.

At 11:40 a.m. there being no further business, Bartholomew made a motion to adjourn.

Hickey, aye; Bartholomew, aye; Morgan, aye.

ATTEST:

Fremont County Auditor                                                                                Cara Morgan, Chairman

January 12, 2011:

At 8:30 a.m. the department head meeting has been postponed until January 18, 2011.

The Fremont County Board of Supervisors met in regular session on Wednesday, January 12, 2011, in the Fremont County Courthouse Boardroom, with Morgan, Bartholomew and Hickey present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Minutes of the previous Board session were read and approved. The agenda was approved as posted.

At 9:00 a.m. John Travis will reschedule at a later date.

At 9:15 a.m. Dee Owen, Assistant Auditor, presented a Program Outline and a Wellness Agreement for 2011 for board approval. Owen said to receive added benefits a member of the Board of Supervisors had to sit on the Wellness Committee. Owen went over the various benefits offered by BC/BS through Wellness participation. Hickey volunteered to sit on the Wellness Committee. Motion was made by Bartholomew to appoint Hickey to the Committee. Hickey, aye; Bartholomew, aye; Morgan, aye.

At 9:25 a.m. Motion was made by Bartholomew to approve the Traveling Red Dress Campaign to take place in the courthouse as requested by Page County Public Health. Hickey, aye; Bartholomew, aye; Morgan, aye.

At 9:30 a.m. Christy Briley, Assistant Auditor and Safety Committee Director, met with the board to update them on the duties and meeting dates set up by the Safety Committee. Briley said on the 20th of this month the committee would inspect each county building and note anything that may be a hazard. A report of their findings will be provided to the Board of Supervisors.

Briley presented a Fremont County Benefit packet noting the difference in benefits between unions and non-union employees. Some of the topics addressed were: Funeral Leave; Wellness & Longevity; Vacation Days and Sick Leave. The board said they would have to discuss the county benefits with department heads because they would have to sign off on any changes. Also present was Karen Berry.

At 9:45 a.m. Fremont County Engineer, Dan Davis met with the board. Motion was made by Hickey to authorize Chairman Morgan to sign Work in ROW Permit for Michael Hughes to Clear Trees off of both sides of Level B Road in Sections 31 & 32-70-40. Also present was Mike Batenhorst. Hickey, aye; Bartholomew, aye; Morgan, aye.

Davis said he would like to purchase GPS Survey Equipment. Davis said he has talked with three vendors and compared products and prices. The cost run from $15,000 to $25,000, Davis said he had $23,000 budgeted for the Equipment. Motion was made by Hickey to approve an expenditure of $22,000 for the GPS unit. Hickey, aye; Bartholomew, aye; Morgan, aye.

Davis also requested to purchase two snow plow blades. Batenhorst said the blades were the two oldest, purchased in 1976 and 1979 and should not need to replace any others until 2012. Cost of the eleven-foot blades is $6,719 per blade. Motion was made by Bartholomew to approve the purchase. Hickey, aye; Bartholomew, aye; Morgan, aye.

Davis said the pressure washer in the wash shed is costing more to repair then it is worth, and getting more expensive to repair. He would like to purchase a replacement. Batenhorst said the life of the washer is 10 years and theirs is 12 years old. Motion was made by Hickey to allow the purchase of a washer for $5,200. Hickey, aye; Bartholomew, aye; Morgan, aye.

Motion was made by Hickey to authorize Chairman Morgan to sign Work in ROW Permit for Iowa DNR to Place Road Rock on Level B Road 155th St. & 187th Ave. to improve access to pubic hunting area. Davis said the taxpayers would not be responsible to maintain the gravel. Hickey, aye; Bartholomew, aye; Morgan, aye.

Motion was made by Bartholomew to authorize Chairman Morgan to sign Title Sheet on Project No. FM-CO36(58) –55-36 M-16 Asphalt Project. Hickey, aye; Bartholomew, aye; Morgan, aye.

At 10:40 a.m. Motion was made by Hickey to appoint John Whipple to the zoning board. Hickey, aye; Bartholomew, aye; Morgan, aye.

At 10:15 a.m. Ryan Potts with Liberty National Insurance, did not make it to this meeting.

Motion was made by Bartholomew to approve Budget Amendment for publication.

In other business, the County Recorder’s Monthly Report was approved.

Payroll was approved for January 14, 2011.

At 11:20 a.m. there being no further business, Hickey made a motion to adjourn.

Hickey, aye; Bartholomew, aye; Morgan, aye.

ATTEST:

Fremont County Auditor                                                                                     Cara Morgan, Chairman

January 18, 2011:

At 8:30 a.m. on Tuesday, January 18, 2011, a department head meeting was held in the Fremont County Courthouse Boardroom. Present were Cara Morgan, Randy Hickey, Judy Crain, Dan Davis, Karen Berry, Steve Whitehead, Jenny McAllister, Margaret Johnson, Mike Crecelius, Kevin Aistrope, Arnold Emberton, Joan Kirk and Grace Johnson with the Hamburg Reporter. Some topics discussed were: benefits; upcoming out of county meetings; GIS; termite testing and safety issues.

The Fremont County Board of Supervisors met in regular session on Tuesday, January 18, 2011, in the Fremont County Courthouse Boardroom, with Morgan, Bartholomew and Hickey present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Minutes of the previous Board session were read and approved. The agenda was approved as posted.

Let the records show Grace Johnson with the Hamburg Reporter was present for this meeting.

Twila Larson, FREDCO Director was also present for this meeting.

At 9:00 a.m. the Board canvassed the drainage elections held on January 15, 2011.

At 9:15 a.m. John Travis met with the board for approval on seeking a grant for Medical Examiner School. Travis said there would be no cost to Fremont County as the State Grant would pay for the total cost. Motion was made by Bartholomew to support John Travis in receiving the grant. Hickey, aye; Bartholomew, aye; Morgan, aye.

At 9:30 a.m. Fremont County Engineer, Dan Davis met with the board for approval to purchase a sander and two pickups to replace two old pickups. Also present was Mike Batenhorst.

Batenhorst said the cost of a new sander box to replace an old sander box would be $9,300. Batenhorst said they could get by this winter with the old one, but the old one will not go through another winter. Hickey made a motion to approve the sander purchase. Hickey, aye; Bartholomew, aye; Morgan, aye.

Bartholomew made a motion authorizing Davis to get estimates on the pickups he would like to replace. Hickey, aye; Bartholomew, aye; Morgan, aye.

Motion was made by Hickey authorizing Chairman Morgan to sign DOT Payment Voucher for HGM Engineering & Design Cost Project No. STP-S-CO36(59) - - 5E-36 J34 Box. Using Farm to Market Funds. Hickey, aye; Bartholomew, aye; Morgan, aye.

Motion was made by Hickey authorizing Chairman Morgan to sign DOT Payment Voucher for HGM Engineering & Design Cost Project No. BRS-CO36 (60) - - 60-36 Thurman Bridge. Hickey, aye; Bartholomew, aye; Morgan, aye.

At 9:55 a.m. Motion was made by Hickey to approve the following Resolution. Hickey, aye; Bartholomew, aye; Morgan, aye. Also present was County Attorney, Margaret Johnson.

RESOLUTION: 2011-10

RESOLUTION PROHIBITING DANGEROUS WEAPONS ON COURTHOUSE GROUNDS

WHEREAS, the Fremont County Board of Supervisors is required "to direct the general custody and control of the courthouse" (Iowa Code Section 331.502(1), and to provide for the courthouse and its operational funding (Iowa Code Section 602.1303);

WHEREAS, through Fremont County employee handbooks and other county policies and regulations there are procedures that provide for the safety of Fremont County employees;

WHEREAS, the amendments to Chapter 724 contained in Senate File 2379 (effective January 1, 2011) relating to the issuance of non-professional permits to carry firearms does not infringe on the authority or power of the Supervisors to enact regulations regarding the protection of county property, county employees and officials, and the public present on county property;

WHEREAS, the Board of Supervisors acknowledges that the Fremont County Sheriff’s Office provides security for the courthouse;

WHEREAS, the Fremont County Board of Supervisors further recognizes that the prohibition of dangerous weapons in the courthouse is a security measure;

WHEREAS, Fremont County Board of Supervisors desires the Fremont County Sheriff to prohibit all dangerous weapons in the courthouse, the courthouse grounds and parking lot, and to provide for the safety of courthouse personnel, the judiciary and the general public in those areas;

THEREFORE, BE IT RESOLVED that all firearms, dangerous weapons, or any other item prohibited by the Fremont County Sheriff is prohibited in the Fremont County Courthouse, and the Courthouse grounds and parking lot, exempting permitted dangerous weapons left in private vehicles.

THEREFORE, BE IT FURTHER RESOLVED that the Fremont County Sheriff’s Office is authorized to implement any other current, as well as additional courthouse security measures to protect the safety of courthouse personnel, the judiciary and the general public in the Fremont County Courthouse, its grounds and parking lot.

THEREFORE, BE IT FURTHER RESOLVED that appropriate signage will be placed to notify the public of this prohibition, as well as the possibility that violation of the prohibition can be charged as trespass under Iowa Code Section 716.7.

THEREFORE, BE IT FURTHER RESOLVED that persons who are issued professional permits to carry weapons, and persons who have the express written permission of the Fremont County Board of Supervisors or Fremont County Sheriff, are exempt from this resolution.

Motion to approve made by Hickey.

ATTEST:

/s/ Joan Kirk                                                                                /s/ Cara Morgan, Chairman       aye
Fremont County Auditor                                                               /s/ 
Bart Bartholomew               aye
                                                                                        
         /s/  Randy Hickey                     aye

At 10:00 a.m. Present at the Public Hearing for the proposed Ordinance Regarding Animal Protection and Control were: Cara Morgan, Bart Bartholomew, Randy Hickey, Joan Kirk, Margaret Johnson, Steven Owen and Jim Nenneman. With no objections after the board chairman read the entire ordinance, motion was made by Bartholomew to waive the second and third reading and close the Public Hearing at 10:15 a.m. Hickey, aye; Bartholomew, aye; Morgan, aye. Motion was made by Bartholomew to approve Fremont County Animal Protection and Control Ordinance 2011-1. Hickey, aye; Bartholomew, aye; Morgan, aye.

In other business, claims for January 21, 2011, were approved.

At 10:35 a.m. there being no further business, Bartholomew made a motion to adjourn.

Hickey, aye; Bartholomew, aye; Morgan, aye.

ATTEST:

Fremont County Auditor                                                                                 Cara Morgan, Chairman

January 25, 2011:

The Fremont County Board of Supervisors met in regular session on Tuesday, January 25, 2011, in the Fremont County Courthouse Boardroom, with Morgan, Bartholomew and Hickey present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Minutes of the previous Board session were read and approved. The agenda was approved as posted.

Let the records show Grace Johnson with the Hamburg Reporter was present for this meeting.

At 9:00 a.m. Jay Moore met with the Board seeking legal representation regarding an issue on Interstate 29. Hickey said it is not up to the Board of Supervisors to provide legal representation.

At 9:25 a.m. Motion was made by Bartholomew to approve the following Resolution 2011-3. Hickey, aye; Bartholomew, aye; Morgan, aye.

RESOLUTION NO. 2011-3

RESOLUTION APPOINTING EMINENT DOMAIN COMPENSATION COMMISSION

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 25th day of January 2011 that the following persons are appointed as members of the Eminent Domain Compensation Commission for the year 2011.
BANKERS: Martin McCartney, Sidney, IA 51652, Kent Claiborne, Hamburg, IA 51640, Colleen Jury, Sidney, IA 51652, Jason Foster, Hamburg, IA 51640, Grant Schaaf, Randolph, IA 51649, Camielle Silence, Riverton, IA 51650, Jay Longinaker, Randolph, IA 51649.
REAL ESTATE: Denise Hammer, Tabor, IA 51653, Dan Holliman, Hamburg, IA 51640, Larry Aspedon, Hamburg, IA 51640, Nancy Vanatta, Sidney, IA 51652, Gene Hines, Hamburg, IA 51540, Cory Gordon, Riverton, IA 51650, John Sheldon, Hamburg, IA 51640.
PROPERTY OWNERS: Mardeena Briley, Percival, IA 51648, Willis Moyer, Sidney, IA 51652, Nancy Newlon, Thurman, IA 51654, Don Peeler, Hamburg, IA 51640, Twila Larson, Sidney, IA 51652, Gerald Head, Imogene, IA 51645, James D. Doyle, Farragut, IA 51639.
FARMERS: John Askew, Thurman, IA 51654, Lynn Handy, Percival, IA 51648, Carla Nahkunst, Hamburg, IA 51640, H. Frances Lorimor, Sidney, IA 51652, Sara Holt, Sidney, IA 51652, Keith Schaaf, Randolph, IA 51649, Steve Lorimor, Farragut, IA 51639.

Motion was made by Bartholomew.

ATTEST:

/s/ Joan Kirk                                                                                /s/ Cara Morgan, Chairman       aye
Fremont County Auditor                                                               /s/ 
Bart Bartholomew               aye
                                                                                        
         /s/  Randy Hickey                     aye

At 9:27 a.m. Motion was made by Randy Hickey to appoint Brian Kingsolver as a Representative for SWIPCO Board. Hickey, aye; Bartholomew, aye; Morgan, aye.

At 9:30 a.m. Motion was made by Hickey to authorize Chairman Morgan to sign Renewal of Liquor License for D & L Pro. Hickey, aye; Bartholomew, aye; Morgan, aye.

At 9:35 a.m. Dale Kirkpatrick met with the Board regarding a ditch that needs to be cleaned out on the north side of Hamburg. Morgan said the Board of Supervisors have hired someone to do the general maintenance, but would have to get bids and hire someone to do the heavy work that needs to be done. Right now the Board is waiting on a report from the Corp of Engineers.

At 9:40 a.m. Mike Heng met with the Board requesting to keep the levy for West Benton Drainage District the same as last year to cover future maintenance.

At 10:00 a.m. The Board worked on budgets.

At 11:15 a.m. Motion was made by Bartholomew to adopt the following Resolution 2011-11. Hickey, aye; Bartholomew, aye; Morgan, aye.

RESOLUTION 2011-11

CONSTRUCTION EVALUATION RESOLUTION

WHEREAS, Iowa Code section 459.304(3) sets out the procedure if a Board of Supervisors wishes to adopt a "construction evaluation resolution" relating to the construction of a confinement feeding operation structure; and

WHEREAS, only counties that have adopted a construction evaluation resolution can submit to the Department of Natural Resources (DNR) an adopted recommendation to approve or disapprove a construction permit application regarding a proposed confinement feeding operation structure; and

WHEREAS, only counties that have adopted a construction evaluation resolution and submitted an adopted recommendation may contest the DNR’s decision regarding a specific application; and

WHEREAS, by adopting a construction evaluation resolution the Board of Supervisors agrees to evaluate every construction permit application for a proposed confinement feeding operation structure received by the Board of Supervisors between February 1, 2011 and January 31, 2012 and submit an adopted recommendation regarding that application to the DNR; and

WHEREAS, the Board of Supervisors must conduct an evaluation of every construction permit application using the master matrix created in Iowa Code section 459.305, but the Board’s recommendation to the DNR may be based on the final score on the master matrix or may be based on reasons other than the final score on the master matrix;

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF FREMONT COUNTY that the Board of Supervisors hereby adopts this construction evaluation resolution pursuant to Iowa Code section 459.304(3).

/s/ Cara Morgan
Chair, Board of Supervisors
Date: January 25th, 2011

ATTEST:

/s/ Joan Kirk
County Auditor
Date: January 25th, 2011

Payroll was approved for January 28, 2011.

At 11:17. a.m. there being no further business, Hickey made a motion to adjourn.   
Hickey, aye; Bartholomew, aye; Morgan, aye.

ATTEST:

Fremont County Auditor                                                                                 Cara Morgan, Chairman

 

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