Board of Supervisors Minutes

March 2003

Tuesday: March 4, 2003

The Fremont County Board of Supervisors met in regular session on Tuesday, March 4, 2003, in the Fremont County Courthouse, Boardroom, with Hickey, Aistrope and Larson present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Supervisor Aistrope 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 Aistrope to authorize Chairman Hickey to sign the contracts between the county libraries and the county to divide the appropriation to libraries in four equal shares. Larson, aye; Aistrope, aye; Hickey, aye.

At 10:00 a.m. the public hearing for adoption of the 2003/2004 County Budget was held. Present were the Board of Supervisors and Auditor Lucille Hunt. There were no objections to the budget as published. The following resolutions were approved.

RESOLUTION REGARDING SALARY INCREASES RECOMMENDED BY THE COMPENSATION BOARD:

WHEREAS, the Fremont County Compensation Board has recommended raises of a three percent increase for the County Attorney, Sheriff, Supervisors, Auditor, Recorder and Treasurer, and

THEREFORE, be it resolved by the Fremont County Board of Supervisors this 4th day of March, 2003, that the recommended raises of 3% increases are approved. The Fremont County Attorney will receive $46,158 for 2003/2004, an increase of $1,344 from 2002/2003 salary of $44,814; the Fremont County Sheriff will receive $43,890 for 2003/2004, an increase of $1,278 from the 2002/2003 salary of $42,612; the Fremont County Auditor, Recorder and Treasurer will each receive $35,991 for 2003/2004, an increase of $1,048 from the 2002/2003 salary of $34,943 for each; the Fremont County Supervisors will each receive $22,462 for 2003/2004, an increase of $654 from the 2002/2003 salary of $21,808 for each.

Motion to approve made by Aistrope, seconded by Larson, carried unanimously.

ATTEST:

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

RESOLUTION FOR ADOPTION OF BUDGET AND CERTIFICATION OF TAXES:

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 4th day of March, 2003, that the proposed budget for fiscal year July 1, 2003 – June 30, 2004, after one public hearing as required by law on March 4, 2003, be adopted as proposed and published. Property taxes levied will be as follows: County wide levies; General Basic amount of $1,326,603.00 with a rate of 3.5000, General Supplemental amount of $425,855.00 with a rate of 1.12354, MH-DD Services Fund amount of $440,864 with a rate of 1.16314, with a countywide valuation without gas and electric of 379,029,312. Rural Services with a valuation without gas and electric of 295,609,258, for an amount of $794,074.00 at the rate of 2.68623. Grand total dollars is $2,987,396.00.

BE IT RESOLVED THAT Chapter 405A replacement revenue be credited to the general fund.

Motion to approve by Aistrope, seconded by Larson, carried unanimously.

ATTEST:

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

RESOLUTION FOR APPROPRIATIONS

WHEREAS, it is desired to make appropriations for each of the different officers and departments for the fiscal year beginning July 1, 2003 in accordance with Section 331.434, Subsection 6, Code of Iowa.        

THEREFORE, be it resolved by the Fremont County Board of Supervisors this 4th day of March 2003, the following: SECTION 1 – The amounts itemized by fund and department on the attached schedule are hereby appropriated from the resources/fund as shown. SECTION 2 – Subject to the provisions of other county procedures and regulations, and applicable state law, the appropriations authorized under Section 1 shall constitute an authorization for the department/officer listed to make expenditures or incur obligations from the itemized fund, effective July 1, 2003. SECTION 3 – In accordance with Section 331.437, Code of Iowa, no Department/Officer shall incur any liability in excess of the amount appropriated to this resolution. SECTION 4 – If, at any time during the 2003/2004 budget year the Auditor ascertains that the available resources of a fund will be less than said fund’s total appropriations, he/she shall immediately inform the Board and recommend appropriate corrective action. SECTION 5 – The Auditor shall establish separate accounts for the appropriations authorized in Section 1. The Auditor shall report the status of such accounts to the applicable Departments/Officers monthly during the 2003/2004 budget year. SECTION 6 – All appropriations authorized pursuant to this resolution lapse at the close of business on June 30, 2004. The above and foregoing resolution was adopted by the Fremont County Board of Supervisors on Tuesday, March 4, 2003.

Motion to approve by Aistrope, seconded by Larson, carried unanimously.

ATTEST:

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

At 10:30 a.m. the Board discussed the change order, sent to the Board by Farris Engineering, to provide raceway for receptacles shown on the drawings as existing. The receptacles do not exist and this was shown on the initial drawings by the engineer and approved by the Board of Supervisors. The final plans drawn by the engineer made them existing and that is the way O’Neal Electric bid the project. The additional raceway costs are $2,386. Motion was made by Aistrope that although he thinks the Engineer should stand for this cost as Farris Engineering was in error, we cannot hold up the project for the additional raceways, and to go ahead and approve O’Neal Electric Company to add the raceway for outlets that were not correctly shown on the drawing. Aistrope, aye; Larson, aye; Hickey, aye.

Payroll and claims were approved for March 7, 2003.

There being no further business, meeting was adjourned.

ATTEST:

Fremont County Auditor                             Keith Hickey, Chairman

Wednesday: March 5, 2003

The Fremont County Board of Supervisors met with the Page County Board of Health at the Shenandoah Memorial Hospital at Shenandoah, Iowa on Wednesday, March 5, at 5:30 p.m. Present were Hickey, Aistrope and Larson. The Board discussed the possibilities of a 28E Agreement between the Page County Board of Health and the Fremont County Board of Health to provide administrative services for public health. The possibilities were discussed but no decision was made.

ATTEST:

Fremont County Auditor                            Keith Hickey, Chairman

Thursday: March 6, 2003

The Fremont County Board of Supervisors met in regular session on Thursday, March 6, 2003, in the Fremont County Courthouse, Boardroom, with Hickey, Aistrope and Larson present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Tracey Vanatta called to cancel her appointment with the Board at 9:30 a.m. regarding the Public Health budget and to re-schedule for next Thursday at 9:00 a.m. Supervisor Aistrope moved to approve the agenda as revised; 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, acting as Drainage Trustees for West Benton, Prairie Township, Scott Township, Schultz Ditch, Kilpatrick Ditch and Hamburg ReLevy, signed the request for levy for 2003/2004.

At 9:15 a.m. Assistant Engineer Jim Owen met with the Board. Motion was made by Aistrope to authorize Chairman Hickey to sign a pay voucher to Kirkham Michael & Associates, Inc. for Project ID Number FM-CO36(33)—55-36. Larson, aye; Aistrope, aye; Hickey, aye.

Sidney Mayor Doug Hobbie stopped in to tell the Board he could not come to the meeting with the mayors as he will be meeting with the Vision Iowa Board that day. He said he was interested in the County assigning tax sale certificates to the City of Sidney.

At 10:00 a.m. the Page County Board of Supervisors and the Fremont County Board of Supervisors met by teleconference acting as trustees for Johnson Run Drainage District. It was decided to ask for the maximum amount for Johnson Run Drainage District in order to clean the ditch.

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

There being no further business, meeting was adjourned.

ATTEST:

Fremont County Auditor                         Keith Hickey, Chairman

Tuesday: March 11, 2003

The Fremont County Board of Supervisors met in regular session on Tuesday, March 11, 2003, in the Fremont County Courthouse, Boardroom, with Hickey, Aistrope and Larson present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Supervisor Aistrope 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 9:30 a.m. Mike Batenhorst and Dan Davis met with the Board and presented bids received for a new truck.

Bids received were: from Omaha Truck Center, Omaha, NE, Model FL70, $47,951 less $6,250 for trade-in - $41,701.00; from Cornhusker International, Omaha, NE, Model 7300, $50,008.25, less $11,500 for trade-in - $38,508.25; from Cornhusker International, Model 7400, $51,678.19, less $11,500 for trade-in - $40,178.19.

After discussion, motion was made by Aistrope to accept the low bid of $38,508.25 for Model 7300 from Cornhusker International and a bid of $21,500 for box and hydraulics from Omaha Standard. Vote carried unanimously.

Motion was made by Aistrope to authorize Chairman Hickey to sign an Application for Approval of Underground Construction County Highway Right-of-Way to Iowa Telecommunications Services, Inc., Grinnell, Iowa for underground construction of copper telephone cable to replace defective cable. The proposed line will be located on County Road N. 280th Ave., two miles south from Tabor, Green Township, Sec. 10, 11 and 15. 70N & 42 W. Intersection of Hwy 184 and 280th Ave. Vote carried unanimously.

At 11:00 a.m. Toni Thompson from Wellmark met with the Board and went over the Dental and Flex Benefits Proposal. No action was taken.

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

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

ATTEST:

Fremont County Auditor                         Keith Hickey, Chairman

Thursday: March 13, 2003

The Fremont County Board of Supervisors met in regular session on Thursday, March 13, 2003, in the Fremont County Courthouse, Boardroom, with Hickey, Aistrope and Larson present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Supervisor Aistrope 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. Tracey Vanatta, Paula Pickens and Dennis James met with the Board in regards to the Home Health budget. James gave a presentation to the Board. He requested a 2003/2004 budget amount. He requested that the Fremont County Board of Supervisors take into consideration increasing the county contribution for public health activities from $3.31 per capita for the current year 2002/2003 to $5.00 per capita for 2003/2004, which would be $40,050 for 2003/2004. He requested that no restrictions be placed on these dollars, so these funds may be used to support the existing public health programs in our county. James said he believes the county needs a strong Public Health Department. Discussion followed the presentation. Hickey said they have no problem with lifting the restriction on county dollars and they would be free to use that money however the need is. Aistrope said a public hearing notice for the Fremont County Budget for 2003/2004 was published and the hearing was held on March 4, 2003, as published. No one appeared at the hearing to object to the budget as published. The budget was adopted on that day with a unanimous vote. Pickens asked how you could just pass the budget with a 3% increase for them before they agreed on an amount. Aistrope said the Supervisors had asked the hospital what services could be done with the 3% increase in the previous two meetings with them and the Supervisors never received an answer so they gave the 3% increase. He said the 2003/2004 budget was adopted with the county having a 19% ending fund balance in the general fund when we should have a 25% ending fund balance to carry us into the next year. Aistrope also said the Supervisors had to send a letter to the department heads stating there will not be a budget amendment for the current year and all will have to live within their budgets. Hickey and Aistrope said they believed the $5.00 per capita was fair but the problem is the budget hearing was held, no objections were heard and the 2003/2004 budget was adopted. James asked if the Board did not accept their offer what would the county do? Hickey said he did not know what the county would do. Aistrope asked if the hospital could work through the 2003/2004 budget with the restriction taken off the county contribution and next year the Board would look at increased funding. Larson made a motion to accept the hospital’s proposal now. Hickey asked if there was any more discussion. Hickey then asked if this proposal had already been negotiated by Larson as one member of the Board. James said they did talk to Larson and asked him to bring the proposal before the Board before the Board met with the hospital. Larson said he was coming in new and he was trying to find out answers but did not negotiate with them. James asked if the hang-up is where the money is coming from? Aistrope again said he has no problem with the $5.00 per capita but the budget has already been adopted and we cannot add or amend the 2003/2004 budget until fiscal year 2003/2004. We will see what more we can do at that time. Hickey agreed that we cannot add to or amend the adopted budget for 2003/2004 until we are in fiscal year 2003/2004. In fiscal year 2003/2004 if there is a need for an amendment we could look at it if funds are available. Hickey said we cannot commit to an increase at this time for that reason. Hickey said there was a motion to accept the hospital’s proposal now. Hickey called for a vote. Larson, aye; Aistrope, nay; Hickey, nay. Aistrope said this is the wrong time to approve a request when the budget has been adopted but he would look at it again when the county is in the 2003/2004 fiscal year budget. Hickey agreed.

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

RESOLUTION ABATING TAXES ON LAND OWNED BY FREMONT COUNTY, IOWA

WHEREAS, Fremont County, Iowa, now owns certain property in the City of Sidney, Fremont County, Iowa, Parcel No. 470470111000000, described as: W ½ LTS 1 & 2, BLK N, City of Sidney, Fremont County, Iowa, according to the recorded plat thereof.

WHEREAS, the property has been owned by Fremont County, Iowa, and therefore should not be on the tax rolls according to Section 427.1(2), Code of Iowa,

IT IS HEREBY RESOLVED that the above described property shall be listed as exempt on the tax list of the Fremont County Auditor. Further, all current and delinquent real property taxes are abated under Iowa Code Section 445.63.

BE IT FURTHER resolved that the Auditor and Treasurer shall enter such change orders required to abate these taxes.

Dated this 13th day of March, 2003.

Motion by Aistrope, seconded by Larson, carried unanimously.

ATTEST:

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

At 10:00 a.m. the Board met with the mayors. Those attending were Leonard Wilkins of Randolph and Angela Pelster of Imogene. They discussed properties in their town that Fremont County is currently holding tax sale certificates on. Both Randolph and Imogene were glad to receive the information and they would like Fremont County to go forward with assigning the tax sale certificates to their towns. Imogene and Randolph have been proactive in acquiring these properties to get them back on the tax rolls for their respective towns. Doug Hobbie from Sidney previously had contacted the Supervisors and told them Sidney also was interested in the assignment of the tax sale certificates on properties. There was one parcel from Tabor and Hickey was taking the information to the Mayor in Tabor. There were several parcels in Hamburg and Larson said he would take the information to the City Clerk in Hamburg.

At 10:30 a.m. Sandy and Mark Supernaw and Mark Eischeid met with the Board in regards to a tube that is needed in the driveway of the Riverton Mart. Dan Davis, County Engineer, arrived and said the county would sell a tube to the city at cost. They can do that for a city.

At 10:45 a.m. motion was made by Aistrope to authorize Chairman Hickey to sign a payment voucher to HGM Associates, Inc. for Project I FM-CO36(32)—55-36. Larson, aye; Aistrope, aye; Hickey, aye.

There being no further business, meeting was adjourned.

ATTEST:

Fremont County Auditor                             Keith Hickey, Chairman

Tuesday: March 18, 2003

The Fremont County Board of Supervisors met in regular session on Tuesday, March 18, 2003, in the Fremont County Courthouse, Boardroom, with Hickey, Aistrope and Larson present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Supervisor Aistrope 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. County Engineer Dan Davis met with the Board. The following resolution was approved.

RESOLUTION FOR TEMPORARY ROAD CLOSING AND DETOUR DESIGNATION

WHEREAS, Chapter 306, Section 306.41 of the Code of Iowa, provides for the temporary closing of a highway for construction, reconstruction, maintenance or natural disaster, and that any numbered road closed for over forty-eight hours shall have a designated detour route, and

WHEREAS, construction work is beginning on Project FM-CO36(29)—55-36, Horse Creek Bridge Replacement, on County Route L44 (Bluff Road) in Sidney Township. This road will require temporary closing from near the intersection of County Route J34 (220th Street) at the North ¼ Corner of Section 7, T68N-R42W, thence North 1.0 mile to the Intersection of Horse Creek Road in Section 31, T69N-R42W, and

WHEREAS, the detour route shall begin at the intersection of County Route J34 and County Route L44 at the 0,.North ¼ Corner of Section 7, T68N-R42W; thence West on County Route J34 (220th Street), 6.2 miles to the intersection of County Route L31 (195th Avenue) in Section 7, T68N-R43W; thence North on L31 (195th Avenue), 2.3 miles to the intersection of J26 (200th Street) at the North ¼ Corner of Section 29, T69N-R43W; thence East 4.0 miles on J26 (200th Street) to the intersection of L44 (Bluff Road) on the North line of Section 25, T69N-R43W and terminating at that point.

NOW THEREFORE BE IT RESOLVED by the Board of Supervisors of Fremont County that the above-described road be temporarily closed and the detour established as necessary until such time as said construction or reconstruction work has been completed.

Motion to approve made by Aistrope, seconded by Larson.

Approved this 18th day of March, 2003.

ATTEST:

/s/ Lucille Hunt                                             /s/ Keith Hickey, Chairman aye
Fremont County Auditor                              /s/ David Aistrope                 aye
By June Hardy, Asst. Auditor                     /s/ Chuck Larson                   aye

Payroll and claims for March 21, 2003 were approved. Claim #6496 was not approved at this time.

There being no further business, meeting was adjourned.

Keith Hickey, Chairman

Thursday: March 20, 2003

No Regular Board Meeting.
ISAC Spring School of Instruction-Des Moines

Tuesday: March 25, 2003

The Fremont County Board of Supervisors met in regular session on Tuesday, March 25, 2003, in the Fremont County Courthouse, Boardroom, with Hickey, Aistrope and Larson present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Supervisor Aistrope 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. Mike Fox and Ross Silcock met with the Board in regards to sharing equipment and financial assurance for the landfill. Silcock said they did not need to discuss the sharing of equipment but they needed to discuss the financial assurance from the county. Fox said Resolution Number 2003-1 by the Fremont County Sanitary Landfill Association was approved by the 28E Fremont County Sanitary Landfill Association. The purpose of this resolution was to establish the costs of closure and post-closure costs that have been incurred to date, and to apportion those costs among the members of the Fremont County Landfill Commission. Fox said Resolution Number 2003-2 by the Fremont County Sanitary Landfill Association was approved by members of the 28E Fremont County Sanitary Landfill organization. The purpose of this resolution was to approve the "Local Governmental Guarantee" as the financial assurance mechanism for the Fremont County Sanitary Landfill Association. Silcock said the County will still have to sign a Local Government Guarantee for closure/post-closure costs.

A resident from Bartlett stopped in to visit with the Board in regards to junk cars in the Bartlett area. Aistrope said the procedure is that the Sheriff gives a list of properties to be cleaned up to the County Engineer. The County Engineer sends a letter and if it is not complied with, it goes to the County Attorney and the Sheriff will issue citations.

The following hand-written warrant was approved. General Basic Fund : Educational & Training Service,

IA St Election Administrators Training, 350.00.

There being no further business, meeting was adjourned.

ATTEST:

Fremont County Auditor                             Keith Hickey, Chairman

Thursday: March 27, 2003

The Fremont County Board of Supervisors met in regular session on Thursday, March 27, 2003, in the Fremont County Courthouse, Boardroom, with Hickey and Aistrope present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Supervisor Aistrope 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. County Engineer Dan Davis met with the Board. Motion was made by Aistrope to authorize Chairman Hickey to sign a Public Road Right of Way Use Permit for applicant Page I Rural Water District, Clarinda, Iowa, to install water service for new home of Darwin Fichter in Fisher Township. Aistrope, aye; Hickey, aye. Motion was made by Aistrope to authorize Chairman Hickey to sign a Hungry Canyons Alliance Project Agreement for Project Plan: Hungry Canyons Stream Channel Stabilization, Grant Agreement Number 03-3F, location is Horse Creek, Section 31, T69N, R42W, Fremont County. Aistrope, aye; Hickey, aye.

At 10:00 a.m. motion was made by Aistrope to approve the following resolution.

A RESOLUTION TO SUPPORT IOWANS CALLED TO DUTY BY PASSING THE SERVICE MEMBER SUPPORT AGENDA

Whereas: More than 2,000 Iowans in the Iowa National Guard, the Reserve and on active duty have been called to duty in Iraq and for Homeland Security;

Whereas: These Iowans are disrupting their lives and families to serve their country;

Whereas: The "Service Members Support Agenda" is a collection of common sense suggestions developed in consultation with Iowa service members that the state of Iowa can do to help ease the stresses they and their families face. These are no-cost and low-cost steps that include delayed filing of taxes, tuition rebates for students forced to leave classes for the military, allowing service members to deduct military expenses, and the elimination of state taxes on death benefits;

Whereas: In a month the Iowa Legislature is scheduled to finish its session and none of these messages have passed the Legislature;

Be it therefore enacted: That the Fremont County Board of Supervisors, sitting in session on Thursday, March 27, 2003, urge the Iowa Legislature make supporting Iowans called to duty a top priority and consider these measures on the floor of the Iowa House and Senate as soon as possible and take action before the end of the session.

ATTEST: FREMONT COUNTY BOARD OF SUPERVISORS

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

In other business, upon a request received from Norma Halling, ICAP Insurance, a letter was sent to the County Attorney, Sheriff, County Engineer and Conservation for meetings with her on April 15, 2003. On a request by ICAP insurance, a letter was sent to departments to review and update coverage for equipment and inventory in their respective department. Correspondence was sent to the County Attorney in regards to a sealed bid auction to move or tear down the house at 809 Ohio St., Sidney, and to sell a parcel of land located in part of the NE1/4 NW1/4 of Section 11, Township 70N, Range 43W.

There being no further business, meeting was adjourned.

ATTEST:

Fremont County Auditor                             Keith Hickey, Chairman

February 2003        Home        April 2003