Board
of
Supervisors
Minutes
January 2, 2013:
The Fremont County Board of Supervisors met in regular session on Wednesday, January 2, 2013, in the Fremont County Courthouse Boardroom, with Bartholomew, Hickey and Morgan 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. the Board approved the following Resolutions to reorganize the Board for year 2013.
WHEREAS, motion was made by Hickey to appoint Bartholomew as Board Chairman and himself as Board Vice Chairman.
WHEREAS, the Board Chairman may make motions and vote as any other member of the Board.
BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 2nd day of January 2013, that Supervisor Bartholomew is appointed Board Chairman and Supervisor Hickey is appointed to the position of Vice-Chairman.
ATTEST:
/s/ Joan Kirk /s/ Bart Bartholomew, Chairman
ayeBE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 2nd day of January 2013, that the 2013 committee appointments are as follows:
Supervisor Bartholomew – Tourism Board, Welcome Center Board, Landfill Commission, FREDCO, West Central Development, Emergency Management Commission, Local Emergency Response, Southwest Iowa Juvenile Emergency Services Board, and County Safety Committee.
Supervisor Hickey – DECAT Board, DHS Service Advisory Board, Landfill Commission, Waubonsie Mental Health, 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, and Local Emergency Response,
Bartholomew, Morgan and Hickey appointed to E911 Board with one vote.
Motion was made by Morgan.
ATTEST:
/s/ Joan Kirk /s/ Bart Bartholomew, Chairman
ayeRESOLUTION APPOINTING EMINENT DOMAIN COMPENSATION COMMISSION
BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 2nd day of January 2013 that the following persons are appointed as members of the Eminent Domain Compensation Commission for the year 2013.
BANKERS:
Martin McCartney, Sidney, IA 51652
Kent Claiborne, Hamburg, IA 51640
Colleen Jurey, Sidney, IA 51652
Justin Ewalt, Sidney, IA 51652
Grant Schaaf, Randolph, IA 51649
Camielle Silence, Riverton, IA 51650
Jay Longinaker, Randolph, IA 51649
REAL ESTATE:
Denise Hammer, Tabor IA 51653
Gene Hines, Hamburg, IA 51640
Larry Aspedon, Hamburg, IA 51640
Nancy Vanatta, Sidney, IA 51652
Jenna Gregory, Sidney, IA 51652
Cory Gordon, Riverton, IA 51650
John Sheldon, Hamburg, IA 51640
PROPERTY OWNERS:
Pat Sheldon, 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
H. Frances Lorimor, Sidney, IA 51652
Dave Roberts, Sidney, IA 51652
Sara Holt, Sidney, IA 51652
Keith Schaaf, Randolph, IA 51649
Steve Lorimor, Farragut, IA 51639
Motion was made by Morgan.
ATTEST:
/s/ Joan Kirk
/s/ Bart Bartholomew, Chairman
aye
Fremont County Auditor
/s/ Randy Hickey
aye
/s/ Cara Morgan
aye
BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 2nd day of January 2013, that the 2012 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 Morgan.
ATTEST:
/s/ Joan Kirk /s/ Bart Bartholomew, Chairman
ayeBE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 2nd day of January 2013, 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.
Motion made by Morgan.
ATTEST:
/s/ Joan Kirk /s/ Bart Bartholomew, Chairman
ayeBE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 2nd day of January 2013 that the Sidney Argus-Herald and The Hamburg Reporter be designated as the County's official newspapers for 2013.
Motion to approve made by Morgan.
ATTEST:
/s/ Joan Kirk /s/ Bart Bartholomew, Chairman
ayeAt 10:15 a.m. Dan Davis, Engineer, met with the board requesting the following be approved:
Motion was made by Hickey authorizing Chairman Bartholomew, sign Work in ROW Permit for Windstream Communications to place copper telephone cable across Plum Creek RD along 150thSt. Morgan, aye; Hickey, aye; Bartholomew, aye.
Motion was made by Hickey authorizing Chairman Bartholomew, sign Work in ROW Permit for Windstream Communications to place copper cable beginning at NE Intersection of 205th Ave & 165th St, then East 8,000’, then S on 305th St. 2200’ (this includes ROW in 6-69-42 and 1-69-41 of Sidney Twp). Morgan, aye; Hickey, aye; Bartholomew, aye.
At 10:30 a.m. the board discussed an accountant’s report regarding Sapp/Moyer Development Agreement, noting undocumented or questioned expenses. Also present was Karen Berry. After gathering several questions, Hickey made a motion to appoint Morgan as point of contact. Morgan, aye; Hickey, aye; Bartholomew, aye.
At 11:45 a.m. there being no further business, Morgan made a motion to adjourn.
Morgan, aye; Hickey, aye Bartholomew, aye.
ATTEST:
Fremont County Auditor Bart Bartholomew, Chairman
January 8, 2013:
At 8:30 a.m. on Tuesday, January 8, 2013, a department head meeting was held in the Fremont County Courthouse Boardroom. Present were Randy Hickey, Cara Morgan, Judy Crain, Dan Davis, Karen Berry, Jennifer McAllister, Darren Osborne, Robin Shirley, Dennis Henneman, Mike Crecelius, John Travis, Danny Toma, and Joan Kirk. Topics discussed were: Treasurer Office closing January 16th for training; Grand Jury selection, budgets, and various meetings, upcoming and attended.
The Fremont County Board of Supervisors met in regular session on Tuesday, January 8, 2013, in the Fremont County Courthouse Boardroom, with Bartholomew, Hickey and Morgan 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. Motion was made by Hickey to approve the following Resolution 2013-7 along with Certificate of Appointments of Deputy or Assistant. Morgan, aye; Bartholomew, aye; Hickey aye.
BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 8th day of January, 2013, that the following individuals shall be approved as Reserve Deputies for the Fremont County Sheriff’s Department, as requested by Fremont County Sheriff Kevin Aistrope. The effective date of employment shall be January 1, 2013:
Scott Delong
Austin Richardson
Michael Kirsch
Ethan Johnson
Donald McAllister
Tom Byrnes
Michael Brammer Milton
Trabal
Tony Donahue
Drew Bartholomew
Motion was made by Hickey.
ATTEST:
/s/ Joan Kirk
/s/ Bart Bartholomew, Chairman
aye
Fremont County Auditor
/s/ Randy Hickey
aye
/s/ Cara Morgan
aye
At 9:05 a.m. Dan Davis, Engineer, met with the board requesting approval of the following:
Motion was made by Morgan authorizing Chairman Bartholomew to sign Utility Permit for MidAmerican Energy for Electric Line 1700’ North of Intersection of 280th Ave. & 150th St. Morgan, aye; Bartholomew, aye; Hickey aye.
Motion was made by Morgan authorizing Chairman Bartholomew to sign IDOT Payment Voucher with HGM Associates on Project #BRS-CO-36(60)--60-36. Morgan, aye; Bartholomew, aye; Hickey aye.
Motion was made by Hickey authorizing Chairman Bartholomew to sign Pavement Markings on Project #FM-CO36(64)--55-36. Morgan, aye; Bartholomew, aye; Hickey aye.
At 9:15 a.m. Motion was made by Hickey approving the Treasurer’s Semi-Annual Report.
Hickey, aye; Bartholomew, aye; Morgan, aye.
At 9:20 a.m. Terry Lewis, Conservation Board, met with the board requesting a Letter of Support regarding a grant he is applying for through DNR. Also present was Bob Benton. The goal of the Conservation Board is to put an Archery Range north of the Golf Course using grant and REAP funds. Morgan made a motion to provide a Letter of Support. Morgan, aye; Bartholomew, aye; Hickey aye.
At 9:30 a.m. Motion was made by Morgan to approve Sidney Legion Club, Class C Commercial Liquor Licenses. Morgan, aye; Bartholomew, aye; Hickey aye.
Motion was made by Morgan to approve D & L Pro Special Class C Beer/Wine Outdoor Sales, & Sunday Sales Liquor Licenses. Morgan, aye; Bartholomew, aye; Hickey aye.
In other business, the County Recorder’s Monthly Report was approved.
Payroll and Claims were approved for January 11, 2013.
At 10:00 a.m. there being no further business, Hickey made a motion to adjourn.
Morgan, aye; Hickey, aye; Bartholomew, aye.
ATTEST:
Fremont County Auditor Bart Bartholomew, Chairman
January 15, 2013:
The Fremont County Board of Supervisors met in regular session on Tuesday, January 15, 2013, in the Fremont County Courthouse Boardroom, with Bartholomew and Morgan 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 Randy Hickey was not present for this meeting.
At 9:00 a.m. Joel Dirks, West Central Action, met with the board to deliver and discuss FY/12 County Report & FY/13 Funding, and talked about how important the services are to Fremont County. Dirks said West Central is asking for a $500.00 increase this year, but understands if that cannot happen. Motion by Morgan to accept the report. Morgan, aye; Bartholomew, aye.
Craig Glasgow stopped by to visit with the board.
At 9:15 a.m. Dan Davis, Engineer, met with the board requesting the following be approved. Motion was made by Morgan authorizing Chairman, Bartholomew sign contract with Shannon W. & Erin Elizabeth Smith, and Sean & Tracy Smith for Project #STP-S0CO36(59)-5E-36. Morgan, aye; Bartholomew, aye.
At 9:30 a.m. Motion was made by Morgan to release the documented/unquestioned portion of funds for I29/Hwy 2 SID TIF. Morgan, aye; Bartholomew, aye. Also present was Karen Berry, Assessor. Morgan thoughts are since we have received detailed documentation from the accounting firm that reviewed the documentation pertaining to the TIF debt, and this was in the documented/unquestioned portion of the report, that we go ahead and release the checks for the unquestioned amount. Berry said the December TIF check is from the 2011 Assessment. The 2011 Assessments were appealed by Sapp/Robbins to the Property Assessment Appeal Board (PAAB). Those appeals are pending and unresolved. Sapp/Robbins want the land assessed as agricultural and not commercial. Berry believes this is a conflict. Sapp/Robbins have threatened to sue the Board of Supervisors if they do not get their Jobs Creation TIF checks. Sapp/Robbins are currently suing the Board of Review because they want their property to be assessed as agricultural land. Berry feels Sapp/Robbins are playing both sides of the fence against Fremont County. Berry stated that previously Robbins and then Sapp have sued the Board of Review. The Board of Review has won each case. It has cost the county a considerable amount of money to defend these lawsuits, but Sapp/Robbins continually file against the Board of Review. Berry said it doesn’t seem right that Sapp/Robbins can get Economic Development TIF money from the county and then continually sue the Fremont County Board of Review, which costs the county money. Berry hopes the current minutes are more informative for future Supervisors as Sapp/Robbins continue to want the TIF extended and their property values reduced. Morgan said the good thing is right now, by us requesting the information, the Agreement says we are well within our means to ask for this documentation, that it is not a status quo that we are going to let everything slide.
At 9:45 a.m. David Owen, met with the board requesting approval of Dr. Kelli Woltemath be appointed as new acting Medical Examiner for Fremont Count with the retirement of Dr. Largen. Morgan made a motion to approve the request and appoint Dr. Woltemath, Medical Examiner. Morgan, aye; Bartholomew, aye.
At 10:08 a.m. Ray Guzman and Martha Guzman, met with the board requesting to purchase Tax Sale Certificates for four parcels in the City of Riverton. The Board will publish his bid and have a public hearing.
At 10:15 a.m. Gean Clapper, Jail Committee, met with the board to give an update on the Jail Study. The committee has not decided on a location at this time.
At 10:30 a.m. Motion was made by Morgan to approve Class C/Outdoor Service/Sunday Sales Liquor License for PL County Line, LLC. Morgan, aye; Bartholomew, aye.
At 11:30 a.m. there being no further business, Morgan made a motion to adjourn. Morgan, aye; Bartholomew, aye.
ATTEST:
Fremont County Auditor Bart Bartholomew, Chairman
January 22, 2013:
The Fremont County Board of Supervisors met in regular session on Tuesday, January 22, 2013, in the Fremont County Courthouse Boardroom, with Bartholomew, Hickey and Morgan 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. Dan Davis, Engineer, met with the board requesting approval of the following:
Motion was made by Morgan authorizing Chairman Bartholomew to sign contract with Lawrence L and Mary Lou Crom for Project #STP-S-CO36(59)-5E-36. Morgan, aye; Hickey, aye; Bartholomew, aye.
Motion was made by Morgan authorizing Chairman Bartholomew to sign Policy Statement concerning Sign Maintenance Program for Minimum Sign Retro-Reflectivity. Morgan, aye; Hickey, aye; Bartholomew, aye.
At 9:15 a.m. Morgan made a motion to approve the Iowa Department of Human Services 2013 HCBS Self-Assessment Report for Community Services. Morgan, aye; Hickey, aye; Bartholomew, aye.
At 9:30 a.m. The board canvassed the 2013 Drainage Election.
In other business, payroll and claims were approved for January 25, 2013.
At 10:40 a.m. there being no further business, Morgan made a motion to adjourn.
Morgan, aye; Hickey, aye; Bartholomew, aye.
ATTEST:
Fremont County Auditor Bart Bartholomew, Chairman
The Fremont County Board of Supervisors met in regular session on Tuesday, January 29, 2013, in the Fremont County Courthouse Boardroom, with Bartholomew, Hickey and Morgan 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. Lee Ryherd, Assistant Engineer, met with the board requesting approval of the following. Motion was made by Morgan authorizing Chairman Bartholomew sign Agreement with HGM for IDOT Rating Compliance (124 Structures). Morgan, aye; Hickey, aye; Bartholomew, aye.
At 9:10 a.m. Motion was made by Hickey approving the following Resolution. Morgan, aye; Hickey, aye; Bartholomew, aye.
WHEREAS, The Office of Fremont County Community Services has completed the interview process and wishes to fill the full-time vacancy position. BE IT RESOLVED BY THE FREMONT COUNTY BOARD OF SUPERVISORS That Linda Damrau be hired to fill the open full-time position in the Fremont County Community Services office.
Motion to approve made by Hickey.
ATTEST:
/s/ Joan Kirk
/s/ Bart Bartholomew, Chairman
aye
Fremont County Auditor
/s/ Randy Hickey
aye
/s/ Cara Morgan
aye
At 9:20 a.m. Motion was made by Morgan approving the following Resolution. Morgan, aye; Hickey, aye; Bartholomew, aye.
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, 2013 and January 31, 2014 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).
Dated this 29th day of January 2013.
ATTEST:
/s/ Joan Kirk
/s/ Bart Bartholomew, Chairman aye
Fremont County Auditor
At 9:30 a.m. Darren Osborne, representing Margaret Johnson in her absence, met with the board to discuss the County Attorney’s Budget.
At 10:00 a.m. a public hearing to assign Certificate of Purchase at Tax Sale was held. Present were Bart Bartholomew, Cara Morgan, Randy Hickey and Joan Kirk. Morgan made a motion to close the hearing and approve the following resolutions. Morgan, aye; Hickey, aye; Bartholomew, aye.
RESOLUTION APPROVING THE ASSIGNMENT OF CERTIFICATE OF PURCHASE AT TAX SALE TO THE FOLLOWING: WHEREAS, Juan R. Guzman and Martha Guzman, 3868 Franklin St., Omaha, NE 68111 is desirous of obtaining certificate of tax sale purchase for $630.00 for the following: Parcel Number 460460031000000 – LOTS 344 – 351 INC in the original town of Riverton, Fremont County, Iowa, according to the recorded plat thereof. and WHEREAS, Juan R. Guzman and Martha Guzman, 3868 Franklin St. Omaha, NE 68111 is desirous of obtaining certificate of tax sale purchase for $ 294.00 for the following: Parcel Number 460460030000000 – LOTS 342 & 343 & LOTS 352 & 353 in the original town of Riverton, Fremont County, Iowa, according to the recorded plat thereof. And WHEREAS, Juan R. Guzman and Martha Guzman, 3868 Franklin St. Omaha, NE 68111 is desirous of obtaining certificate of tax sale purchase for $450.00 for the following: Parcel Number 460460084000000 – LOTS 622-626 INC & LOTS 629-633 INC in the original town of Riverton, Fremont County, Iowa, according to the recorded plat thereof. And WHEREAS, Juan R. Guzman and Martha Guzman, 3868 Franklin St. Omaha, NE 68111 is desirous of obtaining certificate of tax sale purchase for $220.00 for the following: Parcel Number 460460084010000 – LOTS 627 & 628 in the original town of Riverton, Fremont County, Iowa, according to the recorded plat thereof. WHEREAS, Fremont County is desirous of avoiding the expense of tax redemption procedure, and
WHEREAS, a public hearing on this proposal was held on the 29th day of January 2013, and WHEREAS, the transfer of said certificates of tax purchase to Juan R. Guzman and Martha Guzman, 3868 Franklin St. Omaha, NE 68111, is in the better interest of the County and is in the better interest of Juan R. Guzman and Martha Guzman to eliminate any form of liability to Fremont County, now THEREFORE, it is hereby resolved that the Chairman of the Board of Supervisors is authorized and directed to execute the assignment of certificates of tax purchases of this real estate upon receipt of payment.
IT IS SO RESOLVED, this 29th day of January 2013.
ATTEST:
/s/ Joan Kirk
/s/ Bart Bartholomew, Chairman
aye
Fremont County Auditor
/s/ Randy Hickey
aye
/s/ Cara Morgan
aye
ASSIGNMENT OF CERTIFICATE OF TAX SALE PURCHASE
Fremont County does hereby transfer the certificate of tax sale purchase regarding the described real estate to Juan R. Guzman and Martha Guzman, 3868 Franklin St., Omaha, NE 68111 as follows: Parcel Number 460460031000000 – LOTS 344 – 351 INC in the original town of Riverton, Fremont County, Iowa, according to the recorded plat thereof. And Parcel Number 460460030000000 – LOTS 342 & 343 & LOTS 352 & 353 in the original town of Riverton, Fremont County, Iowa, according to the recorded plat thereof. And Parcel Number 460460084000000 – LOTS 622-626 INC & LOTS 629-633 INC in the original town of Riverton, Fremont County, Iowa, according to the recorded plat thereof. And Parcel Number 460460084010000 – LOTS 627 & 628 in the original town of Riverton, Fremont County, Iowa, according to the recorded plat thereof. The county shall endorse the tax sale certificates as necessary to complete this assignment upon receipt of payment of $1,594.00.
Dated this 29th day of January, 2013.
ATTEST:
/s/ Joan Kirk
/s/ Bart Bartholomew, Chairman aye
Fremont County Auditor
.
STATE OF IOWA, FREMONT COUNTY SS:
On this 29th day of January 2013, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Bart Bartholomew, 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 acknowledge 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/ Joan Kirk
Notary Public in and for the State of Iowa
10:20 a.m. Bobbie Mather met with the board to discuss the road leading to his home. Mather was asking what portion of the road the county will maintain, and asked again if the county would consider making it a county road. Hickey said the road would need to be brought up the DOT standards before the county could consider making it a county road. Morgan gave Mather a copy out of the Iowa Code explaining want the county could and could not do.
At 10:50 a.m. there being no further business, Hickey made a motion to adjourn.
Morgan, aye; Hickey, aye; Bartholomew, aye.
ATTEST:
Fremont County Auditor Bart Bartholomew, Chairman