Board of Supervisors Minutes March 2001

Board of Supervisors Minutes

March 2001

March 1, 2001:

The Fremont County Board of Supervisors met in regular session on Thursday, March 1, 2001, in the Fremont County Courthouse, Boardroom, with Supervisors Whipple, Aistrope and Hickey present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Supervisor Hickey moved to approve the agenda as posted; vote carried unanimously. Supervisor Aistrope moved to approve the minutes of the previous Board session; vote carried unanimously.

At 9:00 a.m. Kevin Morse met with the Board. Sandy Sillers was present. The generator to be installed at Country Acres Care was discussed. Kevin also proposed that Country Acres Care may be able to serve as a day care for some Fremont County clients. He will pursue the possibility.

At 9:45 a.m. Ross Silcock met with the Board to discuss CEBA Grants for businesses. No action was taken.

At 10:00 a.m. the Board met with County Engineer Dan Davis for bid openings for Project L-4-16-2. Present were Jerry Barton and Roger King. Bids opened were: $55,240.95 from Barton Construction Co., Inc., Corning, Iowa and $70,791.92 from Glen Jardon Construction, Casey, Iowa. Engineer Davis recommended the apparent low bid of $55,240.95 from Barton Construction Co., Inc. Motion was made by Hickey to accept the low bid of $55,240.95 from Barton Construction Co., seconded by Aistrope and carried unanimously.

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

ATTEST:

Fremont County Auditor John E. Whipple, Chairman

March 6, 2001:

The Fremont County Board of Supervisors met in regular session on Tuesday, March 6, 2001, in the Fremont County Courthouse, Boardroom, with Supervisors Whipple, Aistrope and Hickey present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Supervisor Hickey moved to approve the agenda as posted; vote carried unanimously. Supervisor Aistrope moved to approve the minutes of the previous Board session; vote carried unanimously.

At 9:00 a.m. motion was made by Hickey to authorize Chairman Whipple to sign an application for a $15,000 grant for water well testing, abandoned well plugging or well rehabilitation. Motion carried unanimously. The following resolution was approved.

RESOLUTION: WHEREAS, the Board of Health in Fremont County is mandated to issue well construction permits; and

NOW THEREFORE BE IT RESOLVED this 6^th day of March, 2001, that Chairman Whipple be authorized to sign the 28E Agreement between Fremont County and the Department of Natural Resources with Fremont County being mandated to abide by the rules for private well permitting as noted in IAC 567, Chapter 38. This Agreement will be recorded in the Recorder’s Office and will be sent to the Secretary of States Office for recording.

Motion to approved made by Hickey, seconded by Aistrope; carried unanimously.

ATTEST:

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

At 10:00 a.m. Sandy Sillers met with the Board. Motion was made by Hickey to authorize Chairman Whipple to sign the Iowa Department of Human Services Community Mental Health Center Affiliation and the Iowa Department of Human Services Community Mental Health Center Waiver Request. Motion carried unanimously.

At 11:00 a.m. the Board attended the public hearing for the Emergency Management Budget.

In other business, the Recorder’s Monthly Report of Fees Collected was approved. Payroll and claims for March 9, 2001 were approved.

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

At 1:00 p.m. the Board attended the Board of Health meeting and the Board of Health Public Hearing in regards to the Rules and Regulations for Board of Health at 1:30 p.m. in the Courtroom.

ATTEST:

Fremont County Auditor John E. Whipple, Chairman

March 8, 2001:

The Fremont County Board of Supervisors met in regular session on Thursday, March 8, 2001, in the Fremont County Courthouse, Boardroom, with Supervisors Whipple, Aistrope and Hickey present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Supervisor Hickey moved to approve the agenda as posted; vote carried unanimously. Supervisor Aistrope moved to approve the minutes of the previous Board session; vote carried unanimously.

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

Resolution Approving Rules and Regulations of the Fremont County Board of Health.

Whereas the Fremont County Board of Health approved its proposed rules and regulations and additional rules and regulations at a regular meeting on March 6, 2001, and

Whereas, a public hearing was held on the proposed Rules and Regulations at 1:30 p.m. on March 6, 2001 in the Boardroom in the Courthouse at Sidney, Fremont County, Iowa pursuant to notice published on March 1, 2001, and

Whereas copies of the said Rules and Regulations as well as copies of Iowa Administrative Code Part 567 Chapters 39, 49 and 69 were available for public examination prior to the hearing as published in said notice, and

Whereas the Fremont County Board of Health adopted the rules and regulations as revised after public hearing,

Now, therefore, be it resolved:

The Rules and Regulations adopted as revised by the Fremont County Board of Health pursuant to notice of public hearing are hereby approved, and will be effective upon publication as provided by law.

Moved by Aistrope, seconded by Hickey

ATTEST:

Prepared and submitted by:

Vicki R. Danley, Fremont County Attorney

At 10:30 a.m. Harvey Pelster, Jean Gray and Johanna McGargill were on the agenda to meet with the Board.

Sandra Sillers and Mary Morse were present. The Board of Supervisors waited for the family until 11:30 a.m. but the McGargill family did not arrive for their appointment.

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

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

ATTEST:

Fremont County Auditor John E. Whipple, Chairman

March 13, 2001:

The Fremont County Board of Supervisors met in regular session on Tuesday, March 13, 2001, in the Fremont County Courthouse, Boardroom, with Supervisors Whipple, Aistrope and Hickey present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Supervisor Hickey moved to approve the agenda as posted; vote carried unanimously. Supervisor Aistrope moved to approve the minutes of the previous Board session; vote carried unanimously.

At 9:00 a.m. motion was made by Hickey, seconded by Aistrope to approve the SIRHA appointment resolution.

Motion carried unanimously.

CERTIFICATE OF APPOINTMENT OF COMMISSIONERS OF THE HOUSING AUTHORITY OF THE COUNTY OF FREMONT, IOWA

WHEREAS, The Board of Supervisors of Fremont County, Iowa held a duly authorized regular meeting on the 13 day of March, 2001;

WHEREAS, at said meeting the following resolution was passed and adopted:

RESOLUTION NO. 2001-21

BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF Fremont, Iowa

That the Board of Supervisors of the County of Fremont, Iowa hereby make the following resolution.

WHEREAS, a resolution has been passed and adopted entitled "Resolution Approving and Authorizing the

Execution of a Certain Joint Exercise of Powers Agreement for the Purpose of Creating a Multi-County Housing Authority."

NOW, THEREFORE, Pursuant to the provision of Chapter 28E. Code of Iowa, and by virtue of our office as Supervisors, we hereby appoint Janeth Winkler for Three years, as the one (1) person to serve as Commissioner of the Southern Iowa Regional Housing Authority, representing the County of Fremont, Iowa, and to serve for the number of years appearing after her name, respectively, from the ninth day of April, 2001.

IN WITNESS WHEREOF, I have hereunto signed my name as Chairman of the Board of Supervisors of the County of Fremont, Iowa and caused the official corporate seal of said County of Fremont, Iowa to be attached hereto this 13 day of March, 2001.

ATTEST:

/s/ Lucille Hunt /s/ John E. Whipple
Fremont County Auditor Chairman of the Board of Supervisors

Motion was made by Aistrope, seconded by Hickey, to approve the renewal of a beer license for Jack Gibson. Motion carried unanimously.

In other business, the Supervisors wrote a letter of support for the City of Sidney in their efforts to build a community library facility. A response was also written to the County Attorney in regards to moving the County Attorney’s office back to the Courthouse. After the County Attorney received the response, Vicki, Patty and Marci came over to look at the office space in the Courthouse that they will be occupying by July 1, 2001.

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

ATTEST:

Fremont County Auditor John E. Whipple, Chairman

March 15, 2001:

The Fremont County Board of Supervisors met in regular session on Thursday, March 15, 2001, in the Fremont County Courthouse, Boardroom, with Supervisors Whipple, Aistrope and Hickey present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Supervisor Hickey moved to approve the agenda as posted; vote carried unanimously. Supervisor Aistrope moved to approve the minutes of the previous Board session; vote carried unanimously.

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

RESOLUTION NAMING DEPOSITORIES NO. 2001-22: RESOLVED, that the Fremont County Board of Supervisors of Fremont County, Iowa, approves the following list of financial institutions to be depositories of the funds in conformance with all applicable provisions of Iowa Code Chapter 12C.

RESOLVED, Christine M. Sheldon, Fremont County Treasurer, is hereby authorized to deposit the Fremont County funds in amounts not to exceed the maximum approved for each respective financial institution as set out below:

Depository Name Location Maximum Balance

Fremont County Savings Bank Sidney $5,000.000

Citizens Bank Hamburg/Sidney $3,000,000

First National Bank Shenandoah/Farragut $2,000,000

First State Bank Tabor $2,000,000

Randolph State Bank Randolph $5,000,000

This motion made by Hickey and seconded by Aistrope. This Resolution passed on the 15 day of March, 2001.

ATTEST:

At 9:05 a.m. Bill Ettleman and Kristi McKinley from Soil and Water Conservation met with the Board. Ettleman and McKinley are looking at water retention structures on Plum Creek, Horse Creek and Possum Creek and they are trying to get funding from Hungry Canyons. It was suggested that they meet with the Hungry Canyons group to see if this could be a possibility.

At 9:30 a.m. motion was made by Hickey, seconded by Aistrope, carrying unanimously, to approve the following resolution:

FREMONT COUNTY RESOLUTION NO. 2001-23 – RESOLUTION APPROVING THE APPLICATION TO THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT REQUESTING CERTIFICATION OF AN ENTERPRISE ZONE IN FREMONT COUNTY AND PROVIDING FOR THE EXEMPTION FROM TAXATION OF THE IMPROVEMENTS MADE BY BUSINESSES WITHIN THE ZONE.

WHEREAS, The County of Fremont (hereinafter referred to as the "County"), State of Iowa is a political subdivision organized and existing under the law and the Constitution of the State of Iowa (the "State"); and

WHEREAS, The purpose of 1997 Iowa Acts, House File 724 (the Act") is to encourage mutual development objectives between communities and private businesses and to promote economic investment in enterprise zones within the State; and

WHEREAS, the Act and administrative rules adopted by the Iowa Department of Economic Development require the County to approve, by resolution, the establishment of an enterprise zone and the submission of a request for certification to the Iowa Department of Economic Board; and

WHEREAS, under the Act, one of the benefits provided to eligible businesses locating within a certified enterprise zone is a County exemption from taxation of all, or a portion, of the actual value added by improvements to real property that is: 1) directly related to new jobs created by the location or expansion of an eligible business in the zone, and 2) used in the operation of an eligible business within the zone; and

WHEREAS, It is the intention of the County to exempt from local taxation one dollar for ten years of the assessed real estate value added by improvements to the property, beginning the first year the improvements are assessed for taxation in the enterprise zone.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF FREMONT COUNTY AS FOLLOWS:

Section 1. The County certifies that it is an eligible participant under the Act and meets the following distress criteria required under section 4 of the Act:

The County has experienced a percentage population loss that ranks among the top twenty-five counties in the state between 1990 and 1995.

The County has a percentage of persons sixty-five years of age or older that ranks among the top twenty-five counties in the state based on the 1990 census.

Section 2. The County hereby requests enterprise zone certification from the Iowa Department of Economic Development Board as authorized in section 2 of the Act for the following designated sites of 3.3 acres, which the County certifies is less than 1% of the county area for the purposes of receiving the benefits under the Act. The legal description of the enterprise zone area to be certified is:

Hamburg Enterprise Zone 2

Block 8, Railroad Addition, City of Hamburg, IA

Block 110, Hamburg Original, City of Hamburg, IA

Detailed maps of the areas described above are identified in Attachments A & B to this Resolution.

Section 3. The County exempts from taxation one dollar for ten years of the assessed real estate value, in excess of the previous year assessment, added by improvements to the property beginning the year the improvements are first assessed for taxation within the enterprise zone.

Section 4. The County shall provide a copy of this resolution to the Iowa Department of Economic Development and shall file this resolution with the County assessor of Fremont County.

Section 5. The Board of Supervisors of Fremont County are hereby authorized to take such further actions as are deemed necessary in order to carry into effect the provisions of this resolution:

Section 6. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict.

Section 7. The provisions of this resolution are hereby declared to be severable and if any section, phrase, or provision shall for any reason be declared to be invalid, such declaration shall not effect the validity of the remainder of the sections, phrases and provisions hereof.

Section 8. This resolution shall become effective immediately upon its passage and approval.

Motion by Aistrope, seconded by Hickey, carrying unanimously.

Passed and approved this 15^th day of March, 2001.

ATTEST:

At 9:45 a.m. County Engineer Dan Davis met with the Board. Motion was made by Hickey, seconded by Aistrope to authorize Chairman Whipple to sign the contract and bond on Project L-4-16-2 with Barton Construction Co., Inc. Motion carried unanimously.

At 10:00 a.m. the bid opening for Project L-4-16-2 was held. County Engineer Dan Davis was present. Bids received were $59,401.65 from Barton Construction Co., Inc., Corning and $63,790.84 from Glen Jordan Construction Inc., Casey. Motion was made by Hickey to accept the apparent low bid of $59,401.65 from Barton Construction Co., Inc., seconded by Aistrope; carried unanimously.

In other business, motion was made by Hickey to authorize Chairman Whipple to sign the renewal application for beer and Sunday Sales license for Percival Farm Service, Inc. Motion was seconded by Aistrope and carried unanimously.

At 10:45 a.m. the Board left to attend a four county meeting in Red Oak.

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

ATTEST:

Fremont County Auditor John E. Whipple, Chairman

March 20, 2001:

The Fremont County Board of Supervisors met in regular session on Tuesday, March 20, 2001, in the Fremont County Courthouse, Boardroom, with Supervisors Whipple, Aistrope and Hickey present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Supervisor Hickey moved to approve the agenda as posted; vote carried unanimously. Supervisor Aistrope moved to approve the minutes of the previous Board session; vote carried unanimously.

At 9:00 a.m. bids were opened for a generator at Country Acres Care. Kevin Morse was present. Bids received were: $24,370.00, less a $700 deduction for removal of transfer switch meter package, from Diesel Power Equipment Co. of Omaha, Nebraska and $27,701.23, less tax, from Cummins Great Plains of Omaha, Nebraska. Motion was made by Hickey to table the bids until Tuesday, March 27, 2001, at 9:00 a.m., so Kevin Morse may go over the bids and make sure they are comparable. Motion was seconded by Aistrope, carrying unanimously.

Payroll and claims for March 23, 2001 were approved.

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

ATTEST:

Fremont County Auditor John E. Whipple, Chairman

March 22, 2001:

The Board of Supervisors did not have a regular meeting on Thursday, March 22, 2001, as the Board attended the ISAC Spring Conference in Des Moines.

March 27, 2001:

The Fremont County Board of Supervisors met in regular session on Tuesday, March 27, 2001, in the Fremont County Courthouse, Boardroom, with Supervisors Whipple, Aistrope and Hickey present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Supervisor Hickey moved to approve the agenda as posted; vote carried unanimously. Supervisor Aistrope moved to approve the minutes of the previous Board session; vote carried unanimously.

At 9:00 a.m. the Board discussed a resolution authorizing the Fremont County Economic Development Corporation to make an application to the Community Economic Betterment Account (CEBA) Program for assistance on behalf of the I-29 Warehousing (I-29W). The Board of Supervisors received an opinion from the County Attorney’s office that the resolution does not pose any problem for Fremont County, Iowa and it is simply a request by the Fremont County Economic Development Corporation seeking the Board’s permission to apply for a grant through CEBA. Therefore, the Assistant County Attorney, Marci L. Prier, recommended the approval of the following resolution. Upon recommendation by the office of the County Attorney, Hickey moved to authorize Chairman Whipple to sign the following resolution. Motion was seconded by Aistrope and carried unanimously.

RESOLUTION AUTHORIZING FREMONT COUNTY ECONOMIC DEVELOPMENT CORPORATION TO MAKE AN APPLICATION TO THE COMMUNITY ECONOMIC BETTERMENT ACCOUNT (CEBA) PROGRAM FOR ASSISTANCE ON BEHALF OF I-29 WAREHOUSING (I-29W)

WHEREAS, I-29W proposes to construct a facility to provide warehousing services to major corporations desirous of such service within approximately 750 miles of Fremont County, Iowa, and

WHEREAS, I-29W will locate the building within the Enterprise Zone area near the junction of I-29 and Highway 2 in Fremont County and plans to create 14 new jobs within the first 36 months of operation at an average wage of $10.63 per hour, and

WHEREAS, I-29W requests assistance from the CEBA program to mitigate the costs of construction,

THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF FREMONT COUNTY, IOWA, AS FOLLOWS:

SECTION 1. Fremont County is supportive of business creation in the county, with the goals of increasing population and making available opportunities to reduce the property tax burden on its agricultural sector, as well as to provide additional sales tax revenue for the advancement of services to its citizens and school districts; the proposal of I-29W will help meet this goal.

SECTION 2. I-29W has access to private funds for one-third of the total cost of the project, and has in place at least two agreements with major entities for 5-year contracts for warehousing services; also I-29W plans to create 14 jobs paying an average of $10.63 per hour.

SECTION 3. The Fremont County Board of Supervisors hereby authorizes Fremont County Economic Development Corporation to assist I-29W in applying to the CEBA program for a forgivable loan in the amount of $1,000,000. This application will be made to the Iowa Department of Economic Development.

Adopted and approved this 27 day of March, 2001.

ATTEST:

/s/Lucille Hunt /s/John E. Whipple, Chairman
Fremont County Auditor Fremont County Board of Supervisors

At 9:15 a.m. County Engineer Dan Davis met with the Board. Motion was made by Hickey to authorize Chairman Whipple to sign the contract with Henningsen Construction, Inc., for ACC Resurfacing for Project FM-CO36(30)—55-36. Motion was seconded by Aistrope and carried unanimously.

At 10:00 a.m. the Public Hearing for a Special Use Permit, for a sand, gravel and rock mine for Sterling McLaren, Sterling McLaren Construction Co., Inc., 2064 US Highway 59, Shenandoah, Iowa, was opened. Present were Sterling McLaren, Rawson Stevens and Byron Harris. Chairman Whipple said the decision was passed to the Board of Supervisors after the Zoning Commission had met on February 28, 2001. Whipple said the Board received several letters of opposition. The City of Shenandoah opposed this project because sand and gravel pits tend to fill with water and become an attractant of migrate waterfowl and other wildlife. The airport commission members expressed their opposition to any man-made wildlife attractant within the piston and/or turbine powered aircraft movement areas of the Shenandoah Municipal Airport as recommended in the FAA Advisory Circular AC No. 1505200-33, entitled Hazardous Wildlife Attractants On or Near Airports. The City of Shenandoah is also concerned with the water table and if the project would affect the water table. A letter from Earl May Seed and Nursery L.C. is opposed to the project if there is any reasonable assumption this sand pit would lower the water table. A letter from Pella Corporation voiced concerns in regards to any sizable body of water located close to the runway of an airport with birds congregating on or near the water. A letter from Eaton Transmission Corporation opposed a sand and gravel mining operation locating within the aircraft movement area of the Shenandoah Municpal Airport. A faxed letter from the Federal Aviation Administration read that because the Shenandoah Municipal Airport does serve turbine-powered aircraft and the proposed sand and gravel operation is within 10,000 feet of the airport, the FAA considers the proposals incompatible with safe airport operations and as such the proposals are objectionable. Sterling McLaren said the advantage of approving this project would be $900,000 a year in taxes. Whipple asked if wholesalers pay tax. McLaren did not know. Stevens said tax exempt entities would not pay tax but all other retailers would. Aistrope asked about property taxes. Stevens said a quarry would increase the taxes until the project is abandoned. Hickey asked how McLaren intended to keep the river out of the sand pit. McLaren said he would not keep the river out of the quarry if it flooded. Hickey said his thoughts were if you have an amount of sand or rock stockpiled you have a displacement of water and he was concerned the water would move toward Shenandoah. The Board asked if McLaren had any way to address the safety of the airplanes and McLaren replied that the river and wetlands are already there. Byron Harris said that the project could be detrimental to the aquifer and the quarry creates a man-made wildlife attractant. McLaren stated he had a statewide mining license since 1992 and he would put the road to grade and not ask the county to do it. Stevens said a deer running across the air strip could be a hazard since the city sold land to farm near the air strip. He also said the sand pit would not have an effect on the aquifer and that the city has wells that they haven’t kept repaired and have not replaced pumps. Harris responded that the north well was checked out and it is high in nitrates. He said their hydrologist is working with the city. Harris said the FAA sent a second letter because the project is a mining operation and not just a stockpile. Harris said the FAA only steps in when there is an accident. Harris said no one wants to assume responsibility for an air and bird accident. Harris also stated that the farmers are not allowed to plant corn, only soybeans or hay in a proximity to the air strip. After all comments were heard, Whipple recommended to close the hearing and place the decision and resolution on the agenda for Thursday, March 29, 2001. Motion was made by Hickey to close the meeting and place the resolution and decision on March 29, 2001 agenda. Motion seconded by Aistrope and carried unanimously.

Hickey left to attend the Waubonsie Mental Health meeting in Clarinda.

At 11:00 a.m. motion was made by Aistrope to appoint Ken Whitacre, the Mills County Attorney, to be a special prosecutor in Case No. FECR005020 State V. Russell Dean Robinson, at the request of the County Attorney, because of a conflict of interest of the County Attorney’s office. Motion was seconded by Whipple and carried unanimously.

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

ATTEST:

Fremont County Auditor John E. Whipple, Chairman

March 29, 2001:

The Fremont County Board of Supervisors met in regular session on Thursday, March 29, 2001, in the Fremont County Courthouse, Boardroom, with Supervisors Whipple, Aistrope and Hickey present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Supervisor Hickey moved to approve the agenda as posted; vote carried unanimously. Supervisor Aistrope moved to approve the minutes of the previous Board session; vote carried unanimously.

At 9:00 a.m. Sandy Sillers met with the Board in regards to client care.

At 9:15 a.m. Kevin Morse met with the Board to review the bids that were opened on Tuesday, March 20, 2001, for the generator. The Cummins bid of $27,701.23 included sales tax. Less sales tax the Cummins bid is $25,889.00 and the Diesel Power bid is $24,370.00. After discussion, motion was made by Hickey to accept the bid of $25,889.00 from Cummins because the larger motor will work less and last longer. Motion was seconded by Aistrope and carried unanimously.

At 9:30 a.m. Dan Davis, County Engineer, met with the Board. Motion was made by Hickey to authorize Chairman Whipple to sign the Iowa Department of Transportation Secondary Road Budget for fiscal year 2002 and the Iowa Department of Transportation Secondary Road Construction Program for fiscal year 2002.

Motion was seconded by Aistrope and carried unanimously. Motion was made by Aistrope to authorize Chairman Whipple to sign an application for approval of underground construction for county right-of-way for QWEST Communications, Inc. of Omaha, NE for placing a 100 pair of buried copper cable in Section 20, T-68-N, R-43-W on county road 210 Ave., 145 feet south of Sapp Brothers 2494 210 Ave. Motion was seconded by Hickey and carried unanimously. Motion was made by Hickey to authorize Chairman Whipple to sign two payment vouchers for Kirkham, Michael and Associates, Inc. of Omaha, NE for Project FM-CO36(29)—55-36 and Project BROS-CO36-(27)—5F-36. Motion was seconded by Aistrope and carried unanimously.

RESOLUTION NAMING DEPOSITORIES NO. 2001-25

RESOLVED, that the Fremont County Board of Supervisors of Fremont County, Iowa, approves the following list of financial institutions to be depositories of the funds in conformance with all applicable provisions of Iowa Code Chapter 12C.

RESOLVED, Christine M. Sheldon, Fremont County Treasurer is hereby authorized to deposit the Fremont County funds in amounts not to exceed the maximum approved for each respective financial institution as set out below:

Depository Name Location Maximum Balance

Fremont County Savings Bank Sidney $8,000,000

Citizens Bank Hamburg/Sidney $3,000,000

First National Bank Shenandoah/Farragut $2,000,000

First State Bank Tabor $2,000,000

Randolph State Bank Randolph $5,000,000

This motion made by Aistrope and seconded by Hickey. This Resolution passed on the 29^th day of March, 2001.

ATTEST:

RESOLUTION NO. 2001-26: WHEREAS, an application has been received and a public hearing held by the Fremont County Zoning Commission for a proposed Special Use Permit, and

WHEREAS, the Zoning Commission has reported to the Board of Supervisors that the vote resulted in a tie by the zoning commission for a Special Use Permit for a sand, gravel and rock mine which will mine and wash sand and gravel for paving projects and ice control in Southwest Iowa, for Sterling McLaren, Sterling McLaren Construction Co., RR 1, Box 141, Shenandoah, Iowa, 5160l, for the following location described as follows:

160 acres in Fremont County, Iowa, S ½, NE ¼, that part of the N ½ , NE ¼ lying South and East of the center line of the East Nishnabotna River Drainage Ditch #4; and that part of the South ½ , NW ¼ lying South and East of the center line of the East Nishnabotna River Drainage Ditch #4, Section 27, Township 69 North, Range 40 West, and

WHEREAS, the Fremont County Board of Supervisors published a Notce of a Public Hearing for a Special Use Permit for a sand, gravel and rock mine which will mine and wash sand and gravel for paving projects and ice control in Southwest Iowa, by applicant Sterling McLaren, Sterling McLaren Construction Co., RR 1, Box 141, Shenandoah, Iowa, 5160l, for the location described as follows: 160 acres in Fremont County, Iowa, S ½, NE ¼, that part of the N ½, NE ¼ lying South and East of the center line of the East Nishnabotna River Drainage Ditch #4; and that part of the South ½ , NW ¼ lying South and East of the center line of the East Nishnabotna River Drainage Ditch #4, Section 27, Township 69 North, Range 40 West and

WHEREAS, the Board of Supervisors held the public hearing at 10:00 a.m. on Tuesday, March 27, 2001 in the Fremont County Boardroom, for the application for a Special Use Permit for a sand, gravel and rock mine for applicant Sterling McLaren, Sterling McLaren Construction Co., RR1, Box 141, Shenandoah, Iowa 5160l, and

WHEREAS, after hearing all written and oral comments to the proposed Special Use Permit, including a faxed letter from the Federal Aviation Administration that stated that because the Shenandoah Municipal Airport does serve turbine-powered aircraft and the proposed sand and gravel operation is within 10,000 feet of the airport, the FAA considers the proposals incompatible with safe airport operations and as such the proposals are objectionable.

NOW THEREFORE BE IT RESOLVED by the Fremont County Board of Supervisors, sitting in session this 29^th day of March, 2001, following the public hearing at 10:00 a.m. on Tuesday, March 27, 2001, that the application for a Special Use Permit by Sterling McLaren, McLaren Construction Co., RR1, Box 141, Shenandoah, Iowa 51601 be approved for the location of the property described as follows: 160 acres in Fremont County, Iowa, S ½, NE ¼, that part of the N ½, NE ¼ lying South and East of the center line of the East Nishnabotna River Drainage Ditch #4; and that part of the South ½, NW ¼ lying South and East of the center line of the East Nishnabotna River Drainage Ditch #4, Section 27, Township 69 North, Range 40 West.

ATTEST:

/s/ Lucille Hunt                                                   /s/ John E. Whipple      nay
Fremont County Auditor                                  /s/ David Aistrope       nay
                                                                           /s/ Keith Hickey           nay

Roll call vote for the Special Use Permit by Sterling McLaren Construction Co.: Hickey, nay; Aistrope, nay; Whipple, nay.

At 11:00 a.m. Judy Doke and Nancy Freeman from Blue Cross and Blue Shield met with the Board. Motion was made by Hickey to stay with the same plan for fiscal year 2001/2002. Motion seconded by Aistrope and carried unanimously.

The Board left to attend a SWIPCO meeting in Shenandoah.

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

ATTEST:

Fremont County Auditor John E. Whipple, Chairman

February 2001 Home April 2001