Board of Supervisors Minutes

March 2010

March 2, 2010

The Fremont County Board of Supervisors met in regular session on Tuesday, March 2, 2010, in the Fremont County Courthouse Boardroom with Supervisors Hendrickson, Morgan and Larson 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. motion was made by Morgan to authorize Chairman Hendrickson to sign Renewal of Class C Liquor License for Wilds Property Management LLC. Morgan, aye; Larson, aye; Hendrickson, aye.

At 9:15 a.m. Dale Kirkpatrick met with the Board to discuss a ditch on property he purchased on the north side of Hamburg. Kirkpatrick said the ditch is causing a lot of problems and needs to be cleaned out. He said he spoke with the Corp of Engineers and they told him it was the county’s responsibility to clean out the ditch. The Board said part of the ditch belongs to the City of Hamburg and part of it belongs to the State Iowa, and the county does not have the authority to do anything on their property. Kirkpatrick said he would do some more investigating and let the Board know what he finds out.

At 9:30 a.m. John McCurdy, SWIPCO, and Lynda Cruickshank, FREDCO, met with the Board regarding planning strategies for Fremont County Rural Water. Also present were Mark Travis, Larry Barnard, Bill Sapp, Gene Hines, Vic Johns, Kevin Gowing, Gregg Connell, Paul Lattin, Richard Ohrt. Gowing, with S.W. Regional Water District, said Page County did a rural water project in the late seventies and the cost was approximately six million dollars. Montgomery County did their project in the nineties, approximately 15 years later, and the cost was approximately eleven million. Most of Montgomery County’s project was paid for by grants. McCurdy said SWIPCO would only do grants for low and moderate households but will not for commercial water usage. Sapp said the county could purchase his system to get water and sewer to people; he said he would work with the county any way he could. FREDCO will do some more research on cost of the project.

At 10:30 a.m. a public hearing was held upon the proposal to assign certificate of purchase at tax sale now held by Fremont County to Gary and Judy Farwell, Randolph, Iowa. Parcel number 450450112000000 – Lots 11 & 12, both in the original town of Randolph, Fremont County, Iowa, according to the recorded plat thereof. No one was present to object. At 10:33 a.m. motion was made by Morgan to close the public hearing. Morgan, aye; Larson, aye; Hendrickson, aye. Motion was made by Morgan to approve the following resolutions and agreement. Morgan, aye; Larson, aye; Hendrickson, aye.

RESOLUTION NO. 2010-14

RESOLUTION APPROVING THE ASSIGNMENT OF CERTIFICATE OF PURCHASE AT TAX SALE TO THE FOLLOWING:

WHEREAS, Gary Farwell and Judy Farwell, 209 Washington Street, Randolph, Iowa 51649, is desirous of obtaining a certificate of tax sale purchase for $104.00 for the following:

Parcel Number 450450112000000 – LOTS 11 & 12, RANDOLPH, in the original town of Randolph, 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 March 2, 2010 and,

WHEREAS, the transfer of said certificate of tax purchase to Gary and Judy Farwell, Randolph, Iowa, 51649, is in the better interest of the County and is in the better interest of Gary and Judy Farwell, Randolph, Iowa, 51649 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 2nd day of March, 2010.

ATTEST:

/s/ Joan Kirk                                                                                                 /s/ Earl Hendrickson, Chairman     aye
Fremont County Auditor                                                                             /s/ Cara Morgan                               aye
                                                                                                                      /s/ Chuck Larson                              aye

RESOLUTION No. 2010-15

ASSIGNMENT OF CERTIFICATE OF TAX SALE PURCHASE

Fremont County does hereby transfer the certificate of tax sale purchase regarding the described real estate to Gary and Judy Farwell, 209 N. Washington Street, Randolph, Iowa, 51649 as follows:

Parcel Number 450450112000000 – LOTS 11 & 12, RANDOLPH, in the original town of Randolph, Fremont County, Iowa, according to the recorded plat thereof.

The county shall endorse the tax sale certificate as necessary to complete this assignment upon receipt of payment of $104.00.

Dated this 2nd day of March, 2010.

ATTEST:

/s/ Joan Kirk                                                                                 /s/ Earl Hendrickson, Chairman
Fremont County Auditor

STATE OF IOWA, FREMONT COUNTY SS:

On this 2nd day of March, 2010, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Earl Hendrickson, 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/ Christine M. Briley
Notary Public in and for the State of Iowa

Claims were approved for March 5, 2010.

At 10:37 a.m., there being no further business, Morgan made a motion to adjourn. Morgan, aye; Larson, aye; Hendrickson, aye.

ATTEST:

Fremont County Auditor                                                                                Earl Hendrickson, Chairman

March 9, 2010:

At 8:30 a.m. on Tuesday, March 9, 2010, a department head meeting was held in the Fremont County Courthouse Boardroom. Present were Cara Morgan, Chuck Larson, Dan Davis, Art Claiborne, Karen Berry, Steve Whitehead, Margaret Henkle, Margaret Johnson, Mike Crecelius, Kevin Aistrope, Arnold Emberton, Jan Winkler and Joan Kirk. Topics discussed were: attorney’s upcoming school; grants; boat titles; perspective rate for case management; FEMA meeting for snowstorm period 21st through 23rd of December; storm spotters class to be held March 23.

The Fremont County Board of Supervisors met in regular session on Tuesday, March 9, 2010, in the Fremont County Courthouse Boardroom with Morgan and Larson 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 Earl Hendrickson was not present for this meeting.

At 9:00 a.m. the public hearing for adoption of the 2010/2011 county budget was held. Present were Supervisors Cara Morgan and Chuck Larson, Cathy Crain, Patricia Rengifo-Lant, Kevin Aistrope, Jan Winkler, Don McAllister and Auditor Joan Kirk. After hearing from those that wanted to speak, at 9:36 a.m. motion was made by Larson to close the hearing. Morgan aye; Larson; aye. The following resolutions were passed to approve the FY 2010/2011 budget. Morgan, aye; Larson, aye.

RESOLUTION NO. 2010-16

RESOLUTION FOR ADOPTION OF BUDGET AND CERTIFICATION OF TAXES:

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 9th day of March 2010, that the proposed budget for fiscal year July 1, 2010 - June 30, 2011, after one public hearing as required by law on March 9, 2010, be adopted as proposed and published. Property taxes levied will be as follows: County wide levies; General Basic amount of $1,479,747.00 with a rate of 3.70000, General Supplemental amount of $722,060.00 with a rate of 1.80546; MH-DD Services Fund amount of $399,864.00 with a rate of 0.99983, with a countywide valuation without gas and electric of 399,931,571. Rural Services with a valuation without gas and electric of 306,001,086, for an amount of $918,003.00 at the rate of 3.00000. Grand total dollars is $3,519,674.00.

Motion to approve by Larson, carried unanimously.

ATTEST:

/s/ Joan Kirk                                                                                                 /s/ Earl Hendrickson, Chairman     Absent
Fremont County Auditor                                                                             /s/ Cara Morgan                               aye
                                                                                                                      /s/ Chuck Larson                              aye

RESOLUTION NO. 2010-17

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, 2010 in accordance with Section 331.434, Subsection 6, Code of Iowa.

THEREFORE, be it resolved by the Fremont County Board of Supervisors this 9th day of March 2010, 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, 2010. 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 2010/2011 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 2010/2011 budget year. SECTION 6-All appropriations authorized pursuant to this resolution lapse at the close of business on June 30, 2011. The above and foregoing resolution was adopted by the Fremont County Board of Supervisors on Tuesday, March 9, 2010.

Motion to approve by Larson, carried unanimously.

ATTEST:

/s/ Joan Kirk                                                                                                 /s/ Earl Hendrickson, Chairman     Absent
Fremont County Auditor                                                                             /s/ Cara Morgan                               aye
                                                                                                                      /s/ Chuck Larson                              aye

At 9:30 a.m. motion was made by Larson to authorize Vice-Chairman Morgan to approve Class B Liquor License for Country Inn Motel. Morgan, aye; Larson, aye.

At 9:45 a.m. Fremont County Engineer Dan Davis met with the Board to request approval of plans for asphalt project J-46 east of Riverton. Motion was made by Larson to approve the plans. Larson, aye; Morgan, aye.

At 10:00 a.m. Kirk Larson and Matt Sorensen with Midland GIS Solutions met with the Board to discuss their GIS services. Present were Dan Davis, Karen Berry, Dee Owen and Arnold Emberton. Larson and Sorensen brought samples of DNR flyover maps of Fremont County to demonstrate how a county could expand on the use of their service, at the same time save money. The DNR rural areas are useable, but would need to do a flyover of the urban areas for better viewing.

At 10:30 a.m. motion was made by Larson to approve CPS/Access Easement. Larson, aye; Morgan, aye.

In other business, payroll was approved for March 12, 2010.

The County Recorder’s monthly report was approved.

The following claim was approved for a handwritten warrant. Secondary Road Fund: Alliance Gas Company, fuel, $16,351.16.

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

ATTEST:

Fremont County Auditor                                                                                 Earl Hendrickson, Chairman

March 16, 2010:

The Fremont County Board of Supervisors met in regular session on Tuesday, March 16, 2010, in the Fremont County Courthouse Boardroom with Hendrickson, Morgan and Larson 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. Morgan made a motion to approve the following Resolution 2010-18. Morgan, aye; Larson, aye; Hendrickson, aye.

RESOLUTION 2010-18

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 16th day of March 2010, that the following individuals shall be approved as staff for the Fremont County Golf Course, as requested by Fremont County Conservation Executive Director Doug Weber. The effective date of employment shall be February 1st, 2010.

Lonnie Shanno - full-time; Janice Shanno - part-time; Steve Meyer - part-time; Randy Botts - part-time

ATTEST:

/s/ Joan Kirk                                                                                                 /s/ Earl Hendrickson, Chairman     aye
Fremont County Auditor                                                                             /s/ Cara Morgan                               aye
                                                                                                                      /s/ Chuck Larson                              aye

At 9:05 a.m. Morgan made a motion to approve use of a room in the Courthouse for Fremont/Page Prevent Child Abuse Council for 8:15 a.m. on March 25, June and September. Larson, aye; Morgan, aye; Hendrickson, aye.

Luke McGargill and Joe Hughes stopped in to visit with the Board.

At 9:15 a.m. Fremont County Engineer Dan Davis met with the Board requesting to purchase a $27,000.00 hot patch machine. Morgan made a motion to go ahead and purchase the patch machine. Larson, aye; Morgan, aye; Hendrickson, aye.

Sign Two-Year Contract with Road Department Union Regarding Safety Boots: Larson made a motion for Chairman Hendrickson to sign the contract and letter of understanding. Morgan, aye; Larson, aye; Hendrickson, aye.

Sign Policy and Procedure for Safety Boots: Larson made a motion to approve the policy and procedure. Morgan, aye; Larson, aye; Hendrickson, aye.

At 9:30 a.m. Rick Maaske, Shirley Fredrickson and Brian Leaders met with the Board regarding Low Impact Development and Storm Water Management for Loess Hills. Also present were Christine Chafa, Brian Gross and Brian Holmes. The group was encouraging the Board to adopt a Stormwater Management Ordinance based on Post-Construction Model Ordinance prepared by the Center for Watershed Protection Inc., 7/29/08. The group also discussed Loess Hills Stormwater Best Management Practices. No decision was made.

At 10:30 a.m. Brian Gross, Christine Chafa and Brian Holmes, Natural Resources Conservation Service, (NRCS), met with the Board regarding wetland easements and applications on land near Hamburg. Also present were Larry Greedy and Dave Magel. NRCS is in the preliminary stages of receiving easements and taking applications for easements on property adjoining the Nishnabotna River. The group’s goal would be to notch the levy in those places to let some water run into the proposed wetlands during flood season. This would help control some of the flooding in the Hamburg area. The concern of the NRCS is that a federal levy is involved and it would see more water at these particular times than in the past. The Board of Supervisors is in charge of the levy so they would need to approve the project. Larson said he would like to see the results of the water basin study before making a decision. No decision was made.

At 11:39 a.m. Jan Winkler, Fremont County CPC/Community Services Director, met with the Board for approval of herself as General Assistance Director, as Designee for University of Iowa Hospital and Clinic psychotic papers. Motion was made by Larson to approve Winkler as designee. Morgan, aye; Larson, aye; Hendrickson, aye.

At 11:45 a.m. Fremont County Sheriff Kevin Aistrope met with the Board for approval of a 28E Agreement with Pottawattamie County Sheriff. The agreement allows Fremont County deputies to work at special events in Pottawattamie County. Morgan made a motion to approve. Morgan, aye; Larson, aye; Hendrickson, aye.

At 11:43 a.m. motion was made by Larson to approve Application for Iowa Retail Cigarette/Tobacco Permit for Friendly’s, at 2495 210th Ave., Percival, Iowa. Morgan, aye; Larson, aye; Hendrickson, aye.

In other business, claims for March 19, 2010 were approved.

At 11:50 a.m., there being no further business, Larson made a motion to adjourn. Morgan, aye; Larson, aye; Hendrickson, aye.

ATTEST:

Fremont County Auditor                                                                             Earl Hendrickson, Chairman

March 23, 2010:

The Fremont County Board of Supervisors met in regular session on Tuesday, March 23, 2010, in the Fremont County Courthouse Boardroom with Hendrickson, Morgan and Larson present. A quorum was declared and the meeting officially called to order at 6:30 p.m. Minutes of the previous board session were read and approved. The agenda was approved as posted.

At 6:30 p.m. motion was made by Morgan to accept the resignation of Wendy Duncan from the Conservation Board. Larson, aye; Morgan, aye; Hendrickson, aye. Motion was made by Larson to appoint Cindy Bebout to the Conservation Board. Morgan, aye; Larson, aye; Hendrickson, aye.

At 6:40 p.m. motion was made by Morgan to authorize Chairman Hendrickson to sign the renewal agreement for Blue Cross Blue Shield. Larson, aye; Morgan, aye; Hendrickson, aye.

At 6:45 p.m. Becky Shull, Conservation Board member, met with the Board to discuss contract with Fremont County high school golf team. Becky stated that schools in Fremont County have never paid for the high school team to use the golf course but she has checked with other courses and they do charge for the high school team; one course charges a flat rate of $1200 regardless of number of students participating. She said the schools would be contacted regarding a fee.

At 7:30 p.m., there being no further business, motion was made by Larson to adjourn. Morgan, aye; Larson, aye; Hendrickson, aye.

ATTEST:

Fremont County Auditor                                                                                 Earl Hendrickson, Chairman

March 30, 2010:

The Fremont County Board of Supervisors met in regular session on Tuesday, March 30, 2010, in the Fremont County Courthouse Boardroom with Hendrickson, Morgan and Larson 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. Randy Kobiella and Mel Obbink with The Sidwell Company met with the Board regarding county mapping. Also present were Jim Carlson, Sloan Johnson, Steve Kiemele, Dan Davis, Karen Berry, Dee Owen and Arnold Emberton. Kobiella said Fremont County was one of seven counties in Iowa that does not have GIS. Some of the benefits would be: reducing slow, labor intensive, and costly aspects of manual technology; would eliminate the duplication of countywide mapping efforts; integrating all land-related information; create improved and increased access to public data. After several minutes of discussion, the Board asked Arnold Emberton, Information Technology Director, to appoint a committee of people most likely to use a GIS system, and they could determine what would best serve Fremont County and come back to the Board with their recommendation.

At 9:45 a.m. Jim Carlson with the The Wilds Development, Bartlett, is requesting the county extend the blacktop paving of Waubonsie Avenue from County Road L31 adjacent to the Interstate 29 South off-ramp to the Missouri River levee. Also present were Sloan Johnson, Steve Kiemele, Karen Berry, Dee Owen, Dan Davis and Arnold Emberton. Davis said it would cost approximately $50,000 to blacktop that quarter of a mile, and he does not have it in his budget at this time. Carlson asked if they would even consider paving it if the lot owners paid a third, the developers paid a third, and the county pay a third. Also discussed were permits, and keeping the county informed. No decision was made at this time.

At 10:15 a.m. Maintenance Supervisor Steve Whitehead met with the Board to discuss the deteriorating stairs to the courtyard and a leaking flat roof on the courthouse. Regarding the courthouse roof, Whitehead said he would get bids again. The Board asked that the bids have a date as to when the job would be completed. Whitehead said he is going to do a patch overlay on the steps to see if that would work.

At 10:19 a.m. Christy Briley, Safety Coordinator, met with the Board for their approval of the Fremont County Safety Policy Manual. Morgan made a motion to approve the policy manual. Larson, aye; Morgan, aye; Hendrickson, aye.

At 10:21 a.m. Fremont County Engineer Dan Davis met with the Board for approval of DOT Budget and Program. Morgan made a motion to approve the DOT Budget and Program. Larson, aye; Morgan, aye; Hendrickson, aye.

Engineer Requesting Approval to Purchase Used Motor Grader with Trade-in: Davis said he received 5 quotes, and pulled out the best two to compare. Nebraska Machinery for total cost of $124,000, the other Ziegler with total cost of $123,790. Larson made a motion to go with the engineer’s recommendation and purchase the Ziegler. Also present was Mike Batenhorst. Morgan, aye; Larson, aye; Hendrickson, aye.

Motion was made by Morgan to authorize Chairman Hendrickson to sign Utility Permit for USGS to put gage stations near L-68 Bridge on E. Nishna and near J-46 Bridge on W. Nishna. Larson, aye; Morgan, aye; Hendrickson, aye

Motion was made by Larson to approve the following Resolution 2010-19. Larson, aye; Morgan, aye; Hendrickson, aye

RESOLUTION NO. 2010-19

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 30th day of March, 2010, that Robert Benton be reappointed to the Fremont County Board of Adjustment for a five year term, ending

April 30, 2015.

Motion to approve made by Larson.

Date: 3-30-10

ATTEST:

/s/ Joan Kirk                                                                                                 /s/ Earl Hendrickson, Chairman     aye
Fremont County Auditor                                                                             /s/ Cara Morgan                               aye
                                                                                                                      /s/ Chuck Larson                              aye

At 10:35 a.m. Kirk Larson, with Midlands GIS Solutions, met with the Board to go over cost reports for GIS. Also present were Arnold Emberton and Dan Davis. Larson said a committee of people that would use the GIS system is being established, and it would be better to go over details with the committee. Kirk Larson said he would set up an appointment with that committee.

At 11:00 a.m. motion was made by Larson to sign financial assurance letter for the Landfill. . Larson, aye; Morgan, aye; Hendrickson, aye.

At 11:05 a.m. motion was made by Morgan to approve the use of the conference room in the courthouse on April 1, 2010 from 10:30 a.m. until 1:30 p.m. by Page County Attorney. Larson, aye; Morgan, aye; Hendrickson, aye

At 11:10 a.m. motion was made by Morgan to approve the following Resolution 2010-20. Larson, aye; Morgan, aye; Hendrickson, aye.

RESOLUTION 2010-20

RESOLUTION TO ALLOW COUNTY ATTORNEY TO HIRE

WHEREAS, the Office of the Fremont County Attorney has a personnel vacancy for the position of Victim/Witness Coordinator – Collections; and

WHEREAS, the Fremont County Attorney has completed the interview process and wishes to fill said vacancy;

BE IT RESOLVED BY THE FREMONT COUNTY BOARD OF SUPERVISORS

That Patricia Rengifo-Lant be hired to fill the open full-time position of Victim/Witness Coordinator – Collections with the Fremont County Attorney at a salary of $26,500.00 per year, effective April 12, 2010.

Moved by Morgan.

ATTEST: ROLL CALL

/s/ Joan Kirk                                                                                                 /s/ Earl Hendrickson, Chairman     aye
Fremont County Auditor                                                                             /s/ Cara Morgan                               aye
                                                                                                                      /s/ Chuck Larson                              aye

In other business, the following claim was approved for a handwritten warrant. Secondary Road Fund: New Equipment, $27,000.00.

At 11:15 a.m., there being no further business, Morgan made a motion to adjourn. Morgan, aye; Larson, aye; Hendrickson, aye.

ATTEST:

Fremont County Auditor                                                                                             Earl Hendrickson, Chairman

 

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