March 2009

March 3, 2009:

The Fremont County Board of Supervisors met in regular session on Tuesday, March 3, 2009, in the Fremont County Courthouse Boardroom with Larson, Hendrickson 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. Richard Payne and Attorney Joe Wearin met with the Board to discuss setting up a new drainage district with reference to the Iowa Chute Drainage Basin. Present were Jeff Jorgenson, Jim Nahkunst, Robert Woltemath, Assistant Auditor Dee Owen, Jon Johnson and Patricia Rengifo-Lant. Since the Supervisors had earlier been presented a petition for establishment of a drainage district, Mr. Wearin stated that the next steps would be for the Board to appoint a disinterested engineer to put forth a study, then post a bond with amount and securities approved by the Auditor, and hold a hearing. Larson said the Board would contact Engineers Olmsted & Perry for an estimate on the bond and meet with the County Attorney.

At 9:30 a.m. Derryl McLaren and Jon Johnson met with the Board for approval of a plat for Manti Knoll Subdivision. Motion was made by Morgan to approve the following resolution:

RESOLUTION NO. 2009-17

RESOLUTION APPROVING FINAL PLAT OF MANTI KNOLL SUBDIVISION, LOTS 1 THROUGH 4, INCLUSIVE, A SUBDIVISION OF LAND LOCATED IN THE SW ¼ SE ¼ OF SECTION 35, TOWNSHIP 69 NORTH, RANGE 40 WEST OF THE 5TH P.M., FREMONT COUNTY, IOWA, INCLUDING PREVIOUSLY PLATTED PARCEL A OF THE SW ¼ SE ¼ OF SAID SECTION 35.

WHEREAS, Derryl J. McLaren and Carma S. McLaren, husband and wife, proprietors of the following described real estate situated in Fremont County, Iowa, to-wit:

A Subdivision of land located in the SW ¼ SE ¼ of Section 35, Township 69 North, Range 40 West of the 5th P.M., Fremont County, Iowa, including previously platted Parcel A of the SW ¼ SE ¼ of said Section 35, said Subdivision is described as follows: Beginning at the South Quarter Corner of said Section; thence N00 degrees 44’ 10" E along the West line of said SW ¼ SE ¼, a distance of 714.30 feet; thence N90 degrees 00’ 00" E parallel to the South line of said SW ¼ SE ¼, a distance of 1220.03 feet; thence S00 Degrees 44’ 10" W parallel to the West line of said SW ¼ SE ¼, a distance of 714.30 feet to said South line; thence N90 degrees 00’ 00W, a distance of 1220.03 feet to the point of beginning. Manti Knoll Subdivision contains 20.00 acres.

have submitted to this Board a sufficient number of Plats of Subdivision, said Subdivision to be known as Manti Knoll Subdivision, Lots 1 through 4, inclusive, a Subdivision of land located in the SW ¼ SE ¼ of Section 35, Township 69 North, Range 40 West of the 5th P.M., Fremont County, Iowa, including previously platted Parcel A of the SW ¼ SE ¼ of said Section 35, said plat conforming in all essential respects with the requirements of the Code of Iowa and the Ordinance of this County and to the extent requirements of the latter are omitted, some are either not applicable to the particular subdivision, or are non-essential; and

WHEREAS, this Subdivision is more than one mile from the city limits of any town in the county and county subdivision ordinance applies.

NOW, THEREFORE, IT IS RESOLVED BY THE BOARD OF SUPERVISORS OF FREMONT COUNTY, IOWA:

That a Preliminary Plat was filed with the Zoning Commission and the Plat of Subdivision of Manti Knoll, Lots 1 through 4, inclusive, is in substantial compliance with the Preliminary Plat.

That no roads or utilities are being dedicated to the County.

That the Plat of the aforementioned Subdivision and accompanying documents are hereby approved and accepted. The Chairman of the Board and the County Auditor are directed to certify this resolution for attaching to the Plat to be made of record in the office of the County Recorder as required by law.

/s/ Joan Kirk                                                                                 /s/ Chuck Larson, Chairman
by June Hardy, Asst. Auditor

Approved as to Form:
/s/ Margaret E. Johnson
     County Attorney

/s/ Daniel R. Davis
     County Engineer

CERTIFICATE OF RESOLUTION

The undersigned Chairman of the County Board of Supervisors, and Fremont County Auditor, respectively, of Fremont County, Iowa, do hereby certify that the plat of Manti Knoll Subdivision, Lots 1 through 4, inclusive, a Subdivision of land located in the SW ¼ SE ¼ of Section 35, Township 69 North, Range 40 West of the 5th P.M., Fremont County, Iowa, including previously platted Parcel A of the SW ¼ SE ¼ of said Section 35, was submitted to the Board of Supervisors of said County, at a regular meeting of said Board, held on the 3rd day of March, 2009, and that the above and foregoing instrument is a true and correct copy of the Resolution passed and adopted at said meeting which is now recorded in the minutes of said meeting. Said Resolution was introduced and offered by Board Member minutes of said meeting. Said Resolution was introduced and offered by Board Member Morgan, who moved its adoption and that on roll call the following Board Members voted.

/s/ Chuck  Larson, Chairman   aye 
/s/ Earl Hendrickson                 aye
/s/ Cara Morgan                        aye

Whereupon the Chairman declared the Resolution and accompanying documents of Manti Knoll Subdivision carried, approved and accepted.

/s/ Joan Kirk                                                                                 /s/ Chuck Larson, Chairman
by June Hardy, Asst. Auditor

At 9:45 a.m. Dan Davis met with the Board. Motion was made by Hendrickson to authorize Chairman Larson to sign a utility permit for Qwest to replace cable at M16 box. Morgan, aye; Hendrickson, aye; Larson, aye.

Discussion was then held regarding the request for a 2009 budget amendment for the Secondary Road Department. Davis stated the request was for the total budget amount to be increased from $3,779,000 to $3,929,000 due to increased expenditures from the flood of June 2008. Motion was made by Morgan to approve the amendment. Hendrickson, aye; Morgan, aye; Larson, aye.

At 10:00 a.m. the bid opening for box culvert project L-14-15-1 was held. One bid was received, that being from Gus Construction, Casey, Iowa in the amount of $171,523.08. On the county engineer’s recommendation, motion was made by Morgan to tentatively approve the bid pending further review. Hendrickson, aye; Morgan, aye; Larson, aye.

At 10:05 a.m. discussion was held with County Engineer Dan Davis regarding a river study of the lower Nishnabotna River Basin. Hamburg Mayor Cathy Crain arrived at the meeting at 10:10 a.m. Motion was made by Morgan to authorize Chairman Larson to sign the lower Nishnabotna River study agreement. Hendrickson, aye; Morgan, aye; Larson, aye.

At 10:15 a.m. the Board set April 30 as the date to have the annual performance reviews completed.

At 10:30 a.m. Mike Fox met with the Board and gave an update on legislative issues concerning landfills.

At 10:45 a.m. Bob Benton met with the Board and discussed a low water crossing at the golf course for access to the farm ground. Benton stated that they might use some of the cash rent on crop ground for building a crossing or possibly some REAP money.

Claims were approved for March 6, 2009.

In other business, the recorder’s report of fees collected for February 2009 was approved.

At 11:25 a.m., there being no further business, motion was made by Hendrickson to adjourn. Morgan, aye; Hendrickson, aye; Larson, aye.

ATTEST:

Fremont County Auditor                                                                                 Chuck Larson, Chairman

March 5, 2009:

No Regularly Scheduled Board Meeting, ISAC Spring School-Des Moines, Iowa

March 10. 2009:

The Fremont County Board of Supervisors met in regular session on Tuesday, March 10, 2009, in the Fremont County Courthouse Boardroom with Larson, Hendrickson 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 Patricia Rengifo-Lant was present for this meeting.

At 9:00 a.m. Lynda Cruickshank, Lona Lewis, John Walter, Richard Ohrt, Edna Eaton and Kim Gee met with the Board to discuss a position for Fremont County Community/Economic Development Director. Also present was Fremont County Attorney Margaret Johnson. Gee read a quick summary of a 28E Agreement between the Fremont County Board of Supervisors and the Fremont County Economic Development Corporation regarding the proposed position. Gee said FREDCO is not asking for a decision right now, they are presenting the 28E Agreement to the Board today for their review. Johnson said the Board should first decide if the proposed Economic Development Director would be a County position or FREDCO position. Cruickshank used Jasper County as an example as to how their Economic Development person paid for his insurance and benefits. He wrote a personal check to the county and the county in turn paid his insurance and benefits then the JEDCO Board reimbursed him. FREDCO’s thought is that insurance for one staff person would be very expensive, and one of their goals was to provide this person with insurance and benefits. Larson said it was his understanding that a person would have to be a county employee to be on the county’s insurance plan. Morgan said it was her understanding that if a position was set up under the supervisors, but with a board under the supervisors reviewing that person, they are not subject to the open meeting law but are subject to open records law, so interest in purchasing land could be kept confidential. Larson said he would like to kick around some ideas and see what they can come up with and get back to them.

At 9:30 a.m. Mike Crecelius met with the Board to discuss a Septic Ordinance. On October 10, 2007 at the Board of Health meeting there was discussion about an ordinance requiring septic systems in Fremont County to be installed by a licensed plumber for State of Iowa licensing regulations that was suppose to be effective July 1, 2008. This was brought up by the Department of Health. As far as Crecelius can tell, there has been no discussion on this by the Board of Supervisors. Larson said they did not take action on it because at the time there were no plumbing licenses available, and there still are none that he is aware of. The State has postponed it and he does not know now when it goes into effect. Larson said when the State gets ready to enforce the issue to let them know and they will need to do something.

At 9:45 a.m. motion was made by Hendrickson to authorize Chairman Larson to approve a Class B Beer Permit for Fremont County Golf Course. Hendrickson, aye; Morgan, aye; Larson, aye.

At 10:00 a.m. Red Haun met with the Board to request a $3000 donation for the Colonial Theater in Hamburg. Haun said used seats were purchased for the theater and they are asking the county for a donation of $3000 to install the seats. Hendrickson asked if they have had any other funding and Haun said they had received no funding for the seat project. Motion was made by Hendrickson to donate $1500 for renovation of the theater. Morgan, aye; Hendrickson, aye; Larson, aye.

At 10:15 a.m. motion was made by Hendrickson to authorize Chairman Larson to sign a Representation Letter for audit ending 6-30-08. Morgan, aye; Hendrickson, aye; Larson, aye.

At 10:30 a.m. the public hearing for adoption of the 2009/2010 County Budget was held. Present were Supervisors Chuck Larson, Earl Hendrickson, Cara Morgan and Auditor Joan Kirk. There were no objections to the budget as published. At 10:35 a.m. motion was made by Hendrickson to close the hearing. Morgan, aye; Hendrickson, aye; Larson, aye. The following resolutions were passed to approve the FY 2009/2010 County budget.

RESOLUTION FOR ADOPTION OF BUDGET AND CERTIFICATION OF TAXES:

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 10th day of March 2009, that the proposed budget for fiscal year July 1, 2009 - June 30, 2010, after one public hearing as required by law on March 10, 2009, be adopted as proposed and published. Property taxes levied will be as follows: County wide levies; General Basic amount of $1,262,846.00 with a rate of 3.50000, General Supplemental amount of $717,516.00 with a rate of 1.98861; MH-DD Services Fund amount of $441,498.00 with a rate of 1.22362, with a countywide valuation without gas and electric of 360,813,014. Rural Services with a valuation without gas and electric of 268,810,228, for an amount of $806,431.00 at the rate of 3.00000. Grand total dollars is $3,228,291.00.

Motion to approve by Hendrickson, carried unanimously.

RESOLUTION NO. 2009-19

RESOLUTION REGARDING SALARY INCREASES RECOMMENDED BY THE COMPENSATION BOARD:

WHEREAS, the Fremont County Compensation Board has recommended raises of a 2% percent increase for the Auditor, Recorder, Treasurer, Sheriff and Board of Supervisors, 3% percent increase for County Attorney, and

THEREFORE, be it resolved by the Fremont County Board of Supervisors this 10th day of March 2009, that the recommended raises of the Compensation Board be adopted. The Fremont County Attorney will receive $54,841 for 2009/20010, an increase of $1,597 from 2008/2009 salary of $53,244; the Fremont County Sheriff will receive $51,890 for 2009/20010, an increase of $1,017 from the 2008/2009 salary of $50,873; the Fremont County Auditor, Recorder and Treasurer will each receive $41,941 for 2009/20010, an increase of $822 from the 2008/2009 salary of $41,119 for each; the Fremont County Supervisors will each receive $25,794 for 2009/20010, an increase of $506 from the 2008/2009 salary of $25,288 for each.

Motion to approve made by Hendrickson, carried unanimously.

RESOLUTION NO. 2009-20

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, 2009 in accordance with Section 331.434, Subsection 6, Code of Iowa.

THEREFORE, be it resolved by the Fremont County Board of Supervisors this 10th day of March 2009, 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, 2009. 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 2009/2010 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 2009/2010 budget year. SECTION 6-All appropriations authorized pursuant to this resolution lapse at the close of business on June 30, 2010. The above and foregoing resolution was adopted by the Fremont County Board of Supervisors on Tuesday, March 10, 2009.

Motion to approve by Hendrickson, carried unanimously.

At 11:00 a.m., there being no further business, motion was made by Hendrickson to adjourn. Morgan, aye; Hendrickson, aye; Larson, aye.

ATTEST:
Fremont County Auditor                                                                                 Chuck Larson, Chairman

March 12, 2009:

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