April 1, 2004:

The Fremont County Board of Supervisors met in regular session on Thursday, April 1, 2004, 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. Minutes of the previous Board session were read and approved. The agenda was approved as posted.

At 9:00 a.m. Gary Mahood, Loss Control Coordinator for Iowa Municipalities Worker's Compensation Association, met with the Board. Mahood inspected the various departments for safety.

At 10:00 a.m. Dan Davis and Mike Batenhorst met with the Board in regards to the bids for a motor grader that were opened on Tuesday, March 30, 2004. Present were Scott Morris and Phil Hanrahan from Ziegler and Chris Larson from Murphy Tractor and Equipment. Larson asked if the Ziegler grader was made in the United States and Morris said that it was. Motion was made by Aistrope to accept the apparent low bid from Ziegler for $171,693 less buy back of $110,000 for a met bid without trade of $61,693 with a buy back value of $85,000. Larson, aye; Aistrope, aye; Hickey, aye.

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

ATTEST:

Fremont County Auditor                                                                                 Keith Hickey, Chairman

April 6, 2004:

The Fremont County Board of Supervisors met in regular session on Tuesday, April 6, 2004 , 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. Minutes of the previous Board session were read and approved. The agenda was approved as posted.

At 9:00 a.m. Sandra Sillers met with the Board. She has replaced a full time position with two part time positions and needs more space. The Board took no action.

At 9:30 a.m. health insurance for Fremont County employees for 2004/2005 was discussed. Mike Batenhorst was present. No decision was made.

In other business, the Report of Commission of Veteran Affairs and the following claims were approved.

There being no further business, motion to adjourn was made.

ATTEST:

Fremont County Auditor                                                                                     Keith Hickey, Chairman

April 8, 2004:

The Fremont County Board of Supervisors met in regular session on Thursday, April 8, 2004, 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. Minutes of the previous Board session were read and approved. The agenda was approved as posted.

At 9;00 a.m. County Engineer Dan Davis met with the Board. Motion was made by Aistrope to authorize Chairman Hickey to sign the IDOT Materials Inspection Cost for Project STP-S-C"036(26)-5D-36, Contract 211629. Larson, aye; Aistrope, aye; Hickey, aye.

Tim Travis, Nathan Godwin and Craig Andreasen, Regional Pharmacy Director for United Healthcare stopped in to see the Board. They asked if they had any questions in regards to healthcare insurance. Mike Batenhorst was present. They told Travis that a decision on the healthcare insurance carrier will be made Thursday, April 15, 2004.

In other business, the Sheriff's Monthly Report of Fees Collected was approved.

There being no further business, motion to adjourn was made.

ATTEST:

Fremont County Auditor                                                                                 Keith Hickey, Chairman

April 13, 2004:

The Fremont County Board of Supervisors met in regular session on Tuesday, April 13, 2004, 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. Minutes of the previous Board session were read and approved. The agenda was approved as posted.

At 9:00 a.m. Tracy Vanatta stopped in to see the Board. They gave an update on Southwest Iowa Home Health and told them she would stop in more often to tell them what is happening in Home Health. She said she is working on a Disaster Plan for Public Health.

At 9:15 a.m. Renee VonBokern held a phone conference with the Board in regards to union bargaining.

The following resolution was approved.

RESOLUTION NO. 2004-17

WHEREAS, various departments in Fremont County have hired regular part time employees in lieu of full time employees, and

WHEREAS, the positions are different levels of employment.

THEREFORE, BE IT RESOLVED by the Fremont County Board of Supervisors, sitting in session this 13th day of April, 2004, that Resolution 98-10, hourly pay for regular part-time employees, be rescinded.

Motion to approve made by Aistrope.

ATTEST:

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

In other business, payroll for April 16, 2004 was approved.

There being no further business, motion to adjourn was made.

ATTEST:

Fremont County Auditor                                                                         Keith Hickey, Chairman

April 15, 2004:

The Fremont County Board of Supervisors met in regular session on Thursday, April 15, 2004, 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. Minutes of the previous Board session were read and approved. The agenda was approved as posted.

At 9:00 a.m. motion was made by Aistrope to approve the following resolution. Larson, aye; Aistrope, aye; Hickey, aye.

RESOLUTION NO. 2004-18

A RESOLUTION PROVIDING FOR A PUBLIC HEARING AND PUBLICATION OF NOTICE IN REGARD TO FREMONT COUNTY ASSIGNING A CERTIFICATE OF PURCHASE AT TAX SALE TO THE FOLLOWING:

WHEREAS, the Fremont County Board of Supervisors proposes to assign the following certificates of purchases at tax sale to Sam Robinson, 2656 Wa Shawtee Rd., Hamburg, Iowa, 51640, for the following amounts:

Parcel Number 430430458000000 - Lot 7 Block 109, in the original town of Hamburg, Fremont County, Iowa, according to the recorded plat thereof, an amount of $25.00.

Parcel Number 430430699000000 - Lt 6 PHELPS ADD, Block 7, in the original town of Hamburg, Fremont County, Iowa, according to the recorded plat thereof, an amount of $50.00.

Parcel Number 430430785000000 - LTS 3 & 4 PHELPS ADD, Block 22, in the original town of Hamburg, Fremont County, Iowa, according to the recorded plat thereof, an amount of $50.00.

Parcel Number 430430133000000 - S1/2 LT 1, Block 20, in the original town of Hamburg, Fremont County, Iowa, according to the recorded plat thereof, an amount of $1250.00.

Parcel Number 430430214000000 - LTS 5 & 6, Block 36, in the original town of Hamburg, Fremont County, Iowa, according to the recorded plat thereof, an amount of $1250.00.

Parcel Number 430430419000000 - LTS 1-3 INC, Block 99, in the original town of Hamburg, Fremont County, Iowa, according to the recorded plat thereof, an amount of $500.00.

Parcel Number 430430420000000 - LTS 4-6 INC Block 99, in the original town of Hamburg, Fremont County, Iowa, according to the recorded plat thereof, an amount of $500.00.

Parcel Number 430430421000000 - LTS 1-6 INC Block 100, in the original town of Hamburg, Fremont County, Iowa, according to the recorded plat thereof, an amount of $500.00.

THEREFORE, be it resolved that a public hearing on the foregoing proposal shall be held at 9:00 a.m. on the 29th day of April 2004, in the Boardroom of the Fremont County Courthouse, Sidney, Iowa, and that the notice of the hearing shall be published as provided by the Iowa Code Section 331.361(2). The Fremont County Auditor is directed to publish a notice of public hearing in the Hamburg Reporter once, at least four days but not more than twenty days before the date of the public hearing.

Motion to approve made by Aistrope.

Adopted this 15th day of April 2004.

ATTEST:

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

At 9:15 a.m. County Engineer Dan Davis met with the Board. Motion was made by Larson to approve the following resolution. Aistrope, aye; Larson, aye; Hickey, aye.

RESOLUTION NO. 2004-19

WHEREAS an application has been received and a public hearing held by the Fremont County Zoning Commission for a Special Use Permit as allowed under the Zoning Ordinance of Fremont County, Iowa, and

WHEREAS the Zoning Commission has reported to the Board recommending issuance of said Special Use Permit.

WHEREAS the Board of Supervisors met in regular session after receiving said recommendation for a Special Use Permit as allowed under the Zoning Ordinance of Fremont County, Iowa.

NOW THEREFORE BE IT RESOLVED that a permit is granted to the party for the Special Use on the piece of property designated on the attached Special Use Permit form.

This Resolution hereby authorizes the Chairman of the Board of Supervisors to execute the attached Special Use Permit.

Dated this 15th day of April 2004. Motion to adopt resolution made by Larson.

ATTEST:

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

SPECIAL USE PERMIT

The Fremont County, Iowa, Board of Supervisors, pursuant to the provisions of the Fremont County Zoning Ordinance and Chapter 335 of the 2001 Code of Iowa, as amended, hereby authorize the following special use:

To build a sporting clay course to be used for upland bird hunting.

The special use shall be located on the following property:

All that part of the Southwest Quarter of the Northeast Quarter of Section Thirty-Four, Township Sixty-Eight, Range Forty-Three which lies South of the Nebraska City Branch of the Chicago, Burlington and Quincy Railroad right of way; and the East Half of the Southwest Quarter and the Southeast Quarter lying South and West of the right of way of the main line of the Chicago, Burlington and Quincy Railroad all in Section Thirty-Four, Township Sixty-Eight North, Range Forty-Three West of the 5th P.M., in Fremont County, Iowa.

The applicants for the special use are as follows:

Richard M. Payne
Steve, Jeremy and Jeff Jorgenson
c/o Richard M. Payne
2550 225th Avenue
P.O. Box 185
Hamburg, Iowa 5l640

Date of Issuance: April 15, 2004

/s/ Keith Hickey, Chairman
Board of Supervisors
Fremont County, Iowa

At 9:30 a.m. the health insurance carrier for Fremont County for fiscal year 2004/2005 was discussed. Mike Batenhorst was present. Batenhorst said the secondary road union does not want to change insurance but wants to stay with Blue Cross and Blue Shield medical insurance. Aistrope said that the current plan for Blue Cross and Blue Shield is not the same as what is offered for 2004/2005. There is a big change there. ISAC Blue Cross & Blue Shield no longer offers the 90/10 policy for the county so it will be a big change. The union employees are also aware that Blue Cross & Blue Shield will no longer cover some medications. Batenhorst said there are differences between the drug coverage and the dental coverage. United HealthCare will be zero deductible and Blue Cross & Blue Shield will be 750 deductible for single and 1500 deductible for family. After discussion, Aistrope said, Mr. Chairman, I would like to make a motion that Fremont County contract with United HealthCare for the year 2004/2005. My reason for this motion was that the plan we now offer with ISAC/BC is not available for 2004/2005. The plan we now have is a 90/10 payment. This plan is not available with the ISAC /BC or with United HealthCare that we are looking at. Both plans have an 80/20 payment. The secondary road department contacted Tim Travis with United HealthCare for a quote. After meeting with both ISAC/BC and United HealthCare and much discussion the Board asked both carriers to present their plans to all of Fremont County employees. We scheduled two times for each carrier. At the department head meeting the Board asked what they thought and the majority of the department heads thought United HealthCare was ok. The secondary road department was reluctant about United HealthCare. The Board scheduled another meeting with United HealthCare for just the secondary road employees to discuss some concerns. Also the United HealthCare Pharmacy is contacting a local pharmacy about some concerns about medicine. The codes say that the county has to have the budget done by March 15. The board didn't budget any more money for the self-funding of the deductible and medical expenses. If we would go with ISAC/BC it would cost the county more money than we have been paying in the past. If the Board goes with United HealthCare the county would save a little over $40,000 in premiums. Each employee with a family plan would save approximately $240 of premium. The trend nation wide is for the employee to help pay a little more of the rising cost of health insurance. The insurance was originally for major medical coverage but through the years the employers have been asked to pay more of the minor cost. That is one reason that insurance premiums have gone sky high. When it doesn't cost the employee anything to go to the doctor or emergency room it seems that maybe occasionally we are taking too much advantage of this. The board has not been approached by the sheriff's department union at this time. The insurance plan that we chose is for all employees of Fremont County. With our revenue being cut, the board needs to conserve where ever they can. Chairman Hickey asked if there was any more discussion. No other discussion so Chairman Hickey called for the vote. Aistrope voted aye; Hickey voted aye. Chairman Hickey asked if there was opposition. Larson voted aye to oppose the motion. Vote was two to one in favor of contracting with United HealthCare for 2004/2005.

At 10:00 a.m. Margaret Henkle met with the Board in regards to part time pay for an employee. She asked if she could increase the part time wage and the Board said if she had it in her budget it was all right.

At 11:30 a.m. Jess McIntyre met with the Board in regards to an auction of Country Acres Care. He said maybe listing the property would be better.

There being no further business, motion to adjourn was made.

ATTEST:

Fremont County Auditor                                                                                 Keith Hickey, Chairman

April 20, 2004:

The Fremont County Board of Supervisors met in regular session on Tuesday, April 20, 2004, in the Fremont County Courthouse, Boardroom, with Hickey, Aistrope and Larson present. A quorum was declared and the meeting officially called to order at 8:30 a.m. for a department head meeting.   The agenda was approved as posted. 

At 8:30 a.m. a department head meeting was held.  Present were Dan Davis, Judy Crain, Margaret Henkle, Steve Whitehead, Art Claiborne, Sandra Sillers, Karen Berry, Ryan Funke, Arnold Emberton, Steve MacDonald and Lucille Hunt.  Hickey said he was glad to see everyone to share our concerns.  Judy Crain said that legislation was passed to retain seven dollars on drivers license instead of the five dollars the county retains at this time.  The Governor still needs to sign this bill or the counties will revert to three dollars and fifty cents retention.  Crain also suggested that anytime a decision is made in regards to employees, if it couldn’t be talked with the department heads before the decision is made.  Some decisions affect the budget and salaries.  Part time salaries were discussed.  Aistrope told the group that the Board decided to go with United Health Care insurance.  He said this was a big decision they had to make as it affects all of the employees not just the union employees.  Hickey said we really did not have a plan as ISAC Blue Cross & Blue Shield did not offer our current plan and the Secondary Road department wanted another quote on other plans so that is precisely why the Board looked into United Health Care.  Hickey said not everyone will agree with me on this or other things we do but we have to make decisions for all of the employees.  Henkle asked if the 1993 personnel employee handbook is still in effect or if the one that was worked on in 2003 was adopted.  Hunt said we still did not hear back from the County Attorney or Sheriff on the 2003 manual so it could not go forward.  Aistrope said the 1993 personnel manual would still be the manual that was adopted and it is supposed to be given to new employees.  Hunt said it is the responsibility of the department head who hires new employees to give them a manual.  Henkle suggested that communications could be better and they don’t know what happens until after it happens and after they read the minutes.  The board said all meetings are open and the items are on the agenda 24 hours in advance and anyone is welcome to attend the meetings.  Hunt said the minutes are not made available to the public until the board has read and approved them at the next meeting and then they are put on the website.  Hickey said all through the years we’ve been making decisions, resolutions and ordinances and the meetings are here and all are open for you to attend. 

At 9:00 a.m. County Engineer Dan Davis met with the Board.  Motion was made by Aistrope to authorize Chairman Hickey to sign an application for approval of underground construction on county highway right of way for Iowa Telecommunications Services, Inc. for underground construction of copper telephone cable to 1723 305th Ave to bore 305th Av and place a new pedestal on the west side of the blacktop on county road 305th .1 mile south from Anderson.  Aistrope, aye; Hickey, aye; Larson, aye. 

At 9:30 a.m. Tim Travis from United Health Care met with the Board.  He inquired about the other coverage beside the health care plan.  Larson made a motion that the county stay with Delta Dental.  Aistrope, aye; Larson, aye; Hickey, aye.   

In other business, the following claims were approved. 

There being no further business, motion to adjourn was made.

ATTEST:

Fremont County Auditor                                                                             Keith Hickey, Chairman

April 22, 2004:  

The Fremont County Board of Supervisors met in regular session on Thursday, April 22, 2004, 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.  Minutes of the previous Board session were read and approved.  The agenda was approved as posted. 

At 9:00 a.m. 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 Alliance Gas to apply dust control on Fremont County rock roads.  Larson, aye; Aistrope, aye; Hickey, aye.  

Motion was made by Larson to authorize Chairman to sign the following resolution.  Aistrope, aye; Larson, aye; Hickey, aye. 

RESOLUTION APPROVING REPLAT OF MOYER DEVELOPMENT SUBDIVISION, LOTS 16 THRU 23 INCLUSIVE, A SUBDIVISION OF A PART OF THE SE 1/4 OF THE SE 1/4 OF SECTION 20, T68N, R43W OF THE 5TH P.M., FREMONT COUNTY, IOWA. 

WHEREAS, Crossroads Real Estate Development, L.L.C., Leslie J. Robbins, President, and Southern Loess Hills Welcome Center, Inc., Pat Shull, Chairman, proprietors of the following described real estate, situated in Fremont County, Iowa, to wit: 

Commencing at the southwest corner of the SE 1/4 SE 1/4 of said Section 20; thence N00°03'12"E along the west line of said SE 1/4 SE 1/4 a distance of 161.50 feet; thence N89°05'57"E a distance of 58.77 feet; thence N89°03'59"E a distance of 46.54 feet to the point of beginning; thence N00°00'00"E a distance of 90.39 feet; thence N02°34'38"W a distance of 423.16 feet; thence N43°37'05"E a distance of 40.76 feet; thence N89°48'48"E a distance of 716.39 feet; thence S00°00'00"W a distance of 533.31 feet; thence S89°03'59"W a distance of 725.19 feet to the point of beginning.  Said parcel contains 9.06 acres, more or less, including 1.02 acres of county road right-of-way, and is subject to easements of record.

Note: The west line of the SE 1/4 of said section 20 is assumed to bear N00°03'12"E for this description. 

Have submitted to this Board a sufficient number of Replats of Subdivision, said tract to be known as Crossroads Development Replat 1, Lots 16A thru 23A inclusive, a Replat of lots 16 - 23 inclusive of Moyer Development Subdivision, said Replat conforming in all essential respects with the requirement of the Code of Iowa and the Ordinance of this County and to the extent requirements of the latter are omitted, same 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 county and county subdivision ordinance applies; and 

WHEREAS, the County Zoning Commission has previously approved the said Subdivision Plat and said subdivision is consistent with the orderly growth and development of the County and the protection of the public welfare and interest of the County and surrounding areas, and is in keeping with the general intent and spirit of the County Subdivision Ordinance: 

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

That a Preliminary Plat was previously filed with the Zoning Commission and the Replat of Subdivision of Moyer Development Subdivision , Lots 16 thru 23 inclusive, is in substantial compliance with the Preliminary Plat. 

That the road paving has been constructed or is under contract for construction to serve all lots.  Such improvement is being provided at the proprietors' expense according to reasonable County Specifications and to standards as specified by the County Engineer, all as provided by Ordinance.  Other improvements are provided at the proprietors' expense according to State Ordinances. 

That the Replat of the afore-mentioned Subdivision and accompanying documents are hereby approved and accepted, and 249th Street, 250th Street, and 208th Avenue shall be accepted for county maintenance upon completion and acceptance by the County Engineer in writing.  The other improvements are not accepted for county maintenance.  The Chairman of the Board and County Auditor are directed to certify this resolution for attaching to the Replat to be made of record in the office of the County Recorder at required by law.

ATTEST:

/s/  Lucille Hunt                                               4-22-04                                           /s/  Keith Hickey, Chairman
Fremont County Auditor
By June Hardy, Asst. Auditor 

Approved as to Form: /s/ Vicki R. Danley   4-21-04
/s/ Daniel R. Davis, County Engineer          4-21-04 

Motion was made by Aistrope to approve the Certificate of Resolution.  Larson, aye; Aistrope, aye; Hickey, aye. 

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 Crossroads Development Replat 1, Lots 16A-23A inclusive, a Replat of Lots 16-23 inclusive, of Moyer Development Subdivision, Fremont County, Iowa was submitted to the Board of Supervisors of said County, at a regular meeting of said Board, held on 22nd day of April, 2004, 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 the said meeting.  Said Resolution was introduced and offered by Board member Aistrope, who moved its adoption and that on roll call the following Board Members voted: Keith Hickey, Chairman, aye; David Aistrope, aye; Chuck Larson, aye. 

Whereupon the Chairman declared the Resolution and accompanying documents of Crossroads Development Replat 1, carried, approved and accepted.

ATTEST:

/s/  Lucille Hunt                                                                                          /s/  Keith Hickey, Chairman
Fremont County Auditor
By June Hardy, Asst. Auditor 

At 9:15 a.m. Gene Belknap met with the Board and asked if it would be all right for him to begin his duties to control noxious weed growth.  The Board told him that he could go ahead and start.  He said he would not start on road right-of-ways until May 1st. 

At 10:00 a.m. Sandie Sillers met with the Board.  Motion was made by Aistrope to authorize Chairman Hickey to sign the Application for Accreditation for case management.  Larson, aye; Aistrope, aye; Hickey, aye. 

There being no further business, motion to adjourn was made.

ATTEST:

Fremont County Auditor                                                                             Keith Hickey, Chairman             

 April 27, 2004: 

The Fremont County Board of Supervisors met in regular session on Tuesday, April 27, 2004, 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.  The agenda was approved as posted.  Minutes of the previous board session were read and approved. 

At 9:30 a.m. Sandra Sillers met with the Board.  On April 22, 2004, the Board signed 'an application for accreditation for case management'.  A letter also needs to be signed.  Motion was made by Aistrope to certify that all information that has been submitted by Fremont County for case management approval is complete and accurate.  Aistrope, aye; Hickey, aye. 

At 10:00 the public hearing for a budget amendment for fiscal year 2003/2004 was held as published.  There were no objections.  Aistrope made a motion to adopt the amendment as published for fiscal year 2003/2004.  Aistrope, aye; Hickey, aye.  Therefore, the following resolution was approved.  

RESOLUTION NO.  2004-21

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 27th day of April, 2004, that the following change in appropriation be made:

Expenditures                                                                                        

Increase 01000-01050-399-05-728     +   $1,500 
Increase 29000-01010-440-05             + $11,210
Increase 29000-01010-492-05-9          +   $4,290
Increase 01000-01000-635-05              +   $6,185
 

 Revenue

Increase 01000-01000-8490-05-728     + $1,500
Increase 01000-09000-8490-99             + $6,185
 

Motion to approve made by Aistrope.

ATTEST:

/s/  Lucille Hunt                                                                                           /s/  Keith Hickey, Chairman  aye
Fremont County Auditor                                                                            /s/  David Aistrope                 aye
                                                                                                                           Chuck Larson                   Absent
In other business, payroll was approved for April 30, 2004.

There being no further business, motion to adjourn was made.

ATTEST:

Fremont County Auditor                                                                             Keith Hickey, Chairman  

April 29, 2004:

The Fremont County Board of Supervisors met in regular session on Thursday, April 29, 2004, 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. The agenda was approved as posted.

At 9:00 a.m. motion was made by Aistrope to approve resolution number 2004-22 to rescind a part of Resolution 2003-82 and a part of Resolution 2003-83. Larson, aye; Aistrope, aye; Hickey, aye.

RESOLUTION NO. 2004-22

A RESOLUTION TO RESCIND A PART OF RESOLUTION 2003-82, A RESOLUTION APPROVING THE ASSIGNMENT OF CERTIFICATE OF PURCHASE AT TAX SALE AND A PART OF RESOLUTION 2003-83, A RESOLUTION FOR ASSIGNMENT OF TAX SALE PURCHASE

WHEREAS, Murl and Shirley Dovel were notified, by mail, on September 25, 2003, that if the taxes for Parcel Number 430430133000000– S ˝ LT 1, Block 20, in the original town of Hamburg, Fremont County, Iowa, according to the recorded plat, were not paid by October 31, 2003, that Fremont County would sell Fremont County’s interest in Parcel Number 430430133000000– S ˝ LT 1, Block 20, in the original town of Hamburg, Fremont County, Iowa, according to the recorded plat, and

WHEREAS, on November 4, 2003, Murl and Shirley Dovel bid $2440.00 plus penalty for November, to purchase the assignment of the tax sale certificate for Parcel Number 430430133000000– S ˝ LT 1, Block 20, in the original town of Hamburg, Fremont County, Iowa, according to the recorded plat thereof, with the assurance that the Dovels would place the property in their name and return it to the tax rolls after publication of notice, and

WHEREAS, Murl and Shirley Dovel, after the public hearing on November 25th, 2003, and after the resolutions were approved to accept the assignment, the message was conveyed through their attorney that they did not want the property as it needed a lot of work, and did not accept the assignment of tax sale purchase at that time, and

NOW THEREFORE, that part of Resolution Number 2003-82, stating that "Whereas, interested parties are desirous of obtaining certificates of tax sale purchases for the following –(3) Parcel Number 430430133000000– S ˝ LT 1, Block 20, in the original town of Hamburg, Fremont County, Iowa, according to the recorded plat thereof, to Murl and Shirley Dovel for the amount of $2440.00 plus penalty for November, with the assurance that the Dovels will place the property in their name and return it to the tax rolls after publication of notice and 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" and that part of Resolution Number 2003-83 Assignment of Certificate of Tax Sale Purchase for Fremont County to transfer the certificate of tax sale purchase by endorsing the tax sale certificate as necessary to complete the assignment of Parcel Number 430430133000000– S ˝ LT 1, Block 20, in the original town of Hamburg, Fremont County, Iowa, according to the recorded plat thereof, to Murl and Shirley Dovel for the amount of $2440.00 plus penalty for November, with the assurance that the Dovels will place the property in their name and return it to the tax rolls after publication of notice" be rescinded.

Passed and approved this 29th day April, 2004, at 9:00 a.m.

Motion to approve made by Aistrope.

 ATTEST:

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

Chairman Hickey, at this time and place set for the public hearing for proposals received from Sam Robinson for assignment of certificates of purchase’s at tax sale for the following parcels, was opened.

Parcel Number 430430458000000– LOT 7 Block 109, in the original town of Hamburg, Fremont County, Iowa, according to the recorded plat thereof, an amount of $25.00.

Parcel Number 430430699000000 – LT 6 PHELPS ADD, Block 7, in the original town of Hamburg, Fremont County, Iowa, according to the recorded plat thereof, an amount of $50.00.

Parcel Number 430430785000000 – LTS 3 & 4 PHELPS ADD, Block 22, in the original town of Hamburg, Fremont County, Iowa, according to the recorded plat thereof, an amount of $50.00.

Parcel Number 430430133000000 – S ˝ LT 1, Block 20, in the original town of Hamburg, Fremont County, Iowa, according to the recorded plat thereof, an amount of $1250.00.

Parcel Number 430430214000000 – LTS 5 & 6 Block 36, in the original town of Hamburg, Fremont County, Iowa, according to the recorded plat thereof, an amount of $1250.00.

Parcel Number 430430419000000 – LTS 1-3 INC, Block 99, in the original town of Hamburg, Fremont County, Iowa, according to the recorded plat thereof, an amount of $500.00.

Parcel Number 430430420000000 – LTS 4-6 INC Block 99, in the original town of Hamburg, Fremont County, Iowa, according to the recorded plat thereof, an amount of $500.00.

Parcel Number 430430421000000 – LTS 1-6 INC Block 100, in the original town of Hamburg, Fremont County, Iowa, according to the recorded plat thereof, an amount of $500.00.

Present were Sam and Maria Robinson, Rick Haughton, Vicky Purtle, Shirley Holland, Walt Ohrmund, Suzanne Barrett, Jeff Ferguson, Cliff Ferguson and County Attorney Vicki Danley.

Hickey said these properties have been a burden to the county, city and school. Danley said if anyone has anything they want considered, now is the time. She also explained that they need their own personal attorney for legal advice. She said the Treasurer had left copies of the code for interested parties that they can review. Auditor Hunt read aloud additional proposals received. Clifford Ferguson proposal of $120.00 for Lots 3 and 4 in Block 22 Phelps Addition; Vicky Purtle proposal of $100.00 on Lot 6 Phelps Addition; Charles Nelson proposal of $1,000.00 for Lots 1-3, Block 99, in the original town of Hamburg Parcel Number 430430419000000; Charles Nelson proposal of $1,000.00 for Lots 4-6, Block 99, in the original town of Hamburg Parcel Number 430430420000000; Charles Nelson proposal of $1,000.00 for Lots 1-6, Block 100, in the original town of Hamburg Parcel Number 430430421000000. Hickey said the Board does not have to accept a higher proposal as there are costs related to publishing additional notices and minutes along with delaying the time it takes to get some of these properties back on the tax roll. If another proposal should be considered the process of another public hearing and assignment would have to begin all over again. This will give someone time to pay taxes before a proposal is accepted. Discussion followed and County Attorney Danley said that interested parties of these properties need to consult with their attorney. Motion was made by Larson to close the public hearing with additional proposals to be accepted in the Auditor’s office until 4:30 p.m. on May 7, 2004, place the resolutions on the agenda for Tuesday, May 11, 2004, to accept or reject the proposals from Sam Robinson. Aistrope, aye; Larson, aye; Hickey, aye. Hickey explained that this additional time until May 11, 2004, would give the taxpayers time to pay their taxes before any assignment of tax sale certificates are approved.

At 10:30 a.m. motion was made by Aistrope to approve the following resolution for noxious weeds. Larson, aye; Aistrope, aye; Hickey, aye.

RESOLUTION NO. 2004-23

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 29th day of April, 2004, that the following order for destruction of noxious weeds be effective immediately.

1. That each owner and each person in the possession or control of any land in Fremont County shall cut, burn, spray, or otherwise destroy all noxious weeds thereon and shall prevent weed seeds from blooming or coming to maturity, and shall keep said lands free from such growth of any other weeds as shall render the streets or highways adjoining said land unsafe for public travel.

Noxious weeds shall be cut, burned, sprayed, or otherwise destroyed on or before the following dates and as often thereafter as is necessary to prevent seed productions:

Group 1: May 15, 2004 - for Leafy Spurge, Perennial Peppergrass, Sour Dock, Sheep Sorrow.

Group 2: May 20, 2004 - for Canada Thistle, Russian Knapweed, Buckhorn, Wild Mustard, Musk

Thistle and all other species of thistle.

Group 3: June 30, 2004 - for Field Bindweed, Wild Carrot.

Group 4: June 30, 2004 - for Horse Nettle, Perennial Sow Thistle, Quack Grass, Butter Print,

Puncture Vine, Cocklebur, Bull Thistle and Hemp.

Group 5: August 14, 2004- for Shatter Cane and Wild Sunflower.

2. That each owner and person in the possession or control of any lands in Fremont County, infested with any noxious weeds, including Quack Grass, Perennial Sow Thistle, Canada Thistle, Field Bindweed, Horse Nettle, Leafy Spurge, Perennial Peppergrass, Russian Knapweed, Hemp, or any species of Thistle, shall adopt a program of weed destruction described by the Weed Commissioner, which in five years may be expected to destroy and will immediately keep under control such infestations of said noxious weeds.

3. That if the owners or persons in possession/control of any land in Fremont County fail to comply with the foregoing order, the Weed Commissioner shall cause this to be done and the expense of said work, including costs of serving notice and other costs, if any, to be assessed against the land and the owners thereof. ATTEST:

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

At 10:45 a.m. County Engineer Dan Davis met with the Board. Motion was made by Aistrope to authorize Chairman Hickey to sign the final pay voucher on the Doyle Box, BROS-CO36(31)—5F-36. Larson, aye; Aistrope, aye; Hickey, aye.

There being no further business, motion to adjourn was made.

 ATTEST:

Fremont County Auditor                                                                                 Keith Hickey, Chairman

April 30, 2004:

The Fremont County Board of Supervisors met in special session at 12:30 p.m. on Friday, April, 30, 2004, in regards to union negotiations with the Secondary Road Department Union.

Motion to adjourn was made at 4:30 p.m.

ATTEST:

Fremont County Auditor                                                                                 Keith Hickey, Chairman 

 

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