Board of Supervisors Minutes

April 2006

April 4, 2006:

The Fremont County Board of Supervisors met in regular session on Tuesday, April 4, 2006, in the Fremont Courthouse, Boardroom, with Whipple, Larson 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 corrected.

At 9:00 a.m. Doug Aistrope, Brenda Loewe and Darci Schmitt cancelled their appointment with the Board.

At 9:45 a.m. Tim Travis, United Health Care; Patty Glaser, Wellmark; and Joe Maggiore and Christy Lemmers of Mutual of Omaha, met with the Board to discuss group health insurance.

At 10:30 a.m. Marvin Oakes and Kerry Ertz met with the Board regarding health insurance.

In other business, claims for April 7, 2006 were approved.

The Board approved the Report of Commission of Veteran Affairs for quarter ending March 31, 2006.

At 11:20 a.m., there being no further business, Aistrope made a motion to adjourn. Aistrope, aye; Whipple, aye; Larson, aye.

ATTEST:

Fremont County Auditor                                                                                                 John E. Whipple, Chairman

April 6, 2006:

The Fremont County Board of Supervisors met in regular session on Thursday, April 6, 2006, in the Fremont Courthouse, Boardroom, with Whipple, Larson 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 corrected.

At 9:00 a.m. Dan Davis, Fremont County Engineer, and Mike Batenhorst met with the Board regarding bids on two dump trucks and boxes. It was their recommendation to accept the low bid of $113,408.18 for two trucks, with trade-ins, from Cornhusker International Trucks. Larson made a motion to accept the International bid. Aistrope, aye; Larson, aye; Whipple, aye. Aistrope made a motion to accept the low bid of $31,605.00 each, for two boxes from Hawkeye Truck. Larson, aye; Aistrope, aye; Whipple, aye.

At 9:15 a.m. Dan Davis presented Resolution No. 2006-21 for the Board’s approval. Aistrope made a motion to approve the following Resolution. Larson, aye; Aistrope, aye, Whipple, aye.

RESOLUTION NO. 2006-21

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors that the following salaries be in effect commencing on the 1st day of July 2006, for the supervisory and non-union personnel in the Secondary Road Department.

ASSISTANT TO COUNTY ENGINEER: $19.92 per hour salary
MAINTENANCE SUPERINTENDENT: $17.48 per hour salary
ADMINISTRATIVE ASSISTANT: $14.39 per hour salary

Motion is hereby made by Aistrope to adopt this resolution.

Dated this 6th day of April, 2006.

ATTEST:

/s/ Joan Kirk                                                                                 /s/ John E. Whipple, Chairman       aye
Fremont County Auditor                                                             /s/  Chuck Larson                              aye
                                                                                                      /s/  David Aistrope                            aye

At 10:00 a.m. Jim Gregory did not meet with the Board.

At 10:15 a.m. Sandie Sillers met with the Board regarding office space.

At 10:30 a.m. motion was made by Aistrope to approve the following Resolution No. 2006-20. Larson, aye; Aistrope, aye; Whipple, aye.

RESOLUTION NO. 2006-20

A RESOLUTION REPEALING ORDINANCE NO. 5-92, AMENDED AUGUST 10, 1995, APPROVING THE PREVIOUS GENERAL ASSISTANCE MANUAL AND APPROVING THE REVISED FREMONT COUNTY GENERAL ASSISTANCE MANUAL

WHEREAS, Sandie Sillers, the Fremont County General Assistance Director and CPC has presented a revised FREMONT COUNTY GENERAL ASSISTANCE MANUAL to the Board of Supervisors for consideration and approval; and

WHEREAS, the Fremont County Board of Supervisors has determined that the revisions are appropriate and advisable on the recommendation of the said Director of Fremont County General Assistance; and that henceforth, revisions to the manual will be approved by resolution rather than by ordinance;

WHEREAS, the Board has determined that Ordinance No.5-92, dated June 4, 1992 entitled "AN ORDINANCE PRESCRIBING THE GENERAL RELIEF PROGRAM IN FREMONT COUNTY, IOWA and amended under the same ordinance number on August 10, 1995, entitled "AN ORDINANCE PRESCRIBING THE GENERAL RELIEF PROGRAM IN FREMONT COUNTY, IOWA" and this Resolution approving the revised manual should be approved. A copy of the revised manual is attached hereto and entitled "REVISED FREMONT COUNTY GENERAL ASSISTANCE MANUAL APPROVED BY RESOLUTION NO 2006-20, dated April 6, 2006.

THEREFORE, BE IT RESOLVED:

Ordinance No.5-92, dated June 4, 1992, entitled "AN ORDINANCE PRESCRIBING THE GENERAL RELIEF PROGRAM IN FREMONT COUNTY, IOWA" and amended under the same ordinance number on August 10, 1995, entitled "AN ORDINANCE PRESCRIBING THE GENERAL RELIEF PROGRAM IN FREMONT COUNTY, IOWA" are hereby rescinded and repealed.

IT IS FURTHER RESOLVED:

The "REVISED FREMONT COUNTY GENERAL ASSISTANCE MANUAL APPROVED BY RESOLUTION No. 2006-20, dated April 6, 2006" a copy of which is attached hereto, is hereby approved.

Moved by Aistrope.

Passed this 6th day of April, 2006.

ATTEST:

/s/ Joan Kirk                                                                                 /s/ John E. Whipple, Chairman       aye
Fremont County Auditor                                                             /s/  Chuck Larson                              aye
                                                                                                      /s/  David Aistrope                            aye

Resolution prepared by
Vicki R. Danley
Fremont County Attorney
3-2-06

At 10:45 a.m. Steve Whitehead met with the Board regarding a sprinkler system for the south side of the courtyard. Larson made a motion to approve the sprinkler system for the south end of the courtyard. Larson, aye; Aistrope, aye; Whipple, aye.

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

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

ATTEST:

Fremont County Auditor                                                                                                     John E. Whipple, Chairman

April 11, 2006:

The Fremont County Board of Supervisors met in regular session on Tuesday, April 11, 2006, in the Fremont Courthouse, Boardroom, with Whipple 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.

Let the records show that Larson was not present for this meeting but was working elsewhere on county business.

At 9:00 a.m. Aistrope made a motion to approve the following Resolution 2006-22. Aistrope, aye and Whipple, aye.

RESOLUTION NO. 2006-22

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 11th day of April 2006 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, 2006 - for Leafy Spurge, Perennial Peppergrass, Sour Dock, Sheep Sorrow.
Group 2: May 20, 2006 - for Canada Thistle, Russian Knapweed, Buckhorn, Wild Mustard, Musk

Thistle and all other species of thistle.

Group 3: June 30, 2006 - for Field Bindweed, Wild Carrot.
Group 4: June 30, 2006 - for Horse Nettle, Perennial Sow Thistle, Quack Grass, Butter Print, Puncture Vine, Cocklbur, Bull Thistle and Hemp.
Group 5: August 14, 2006 - 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/ Joan Kirk                                                                                 /s/ John E. Whipple, Chairman       aye
Fremont County Auditor                                                             /s/  Chuck Larson                              absent
                                                                                                      /s/  David Aistrope                            aye

At 9:15 a.m. Motion was made by Aistrope to approve the following Resolution. Aistrope, aye; Whipple, aye.

RESOLUTION NO. 2006-23

A RESOLUTION ESTABLISHING A HOTEL AND MOTEL TAX FOR THE UNINCORPORATED AREAS OF FREMONT COUNTY, IOWA.

WHEREAS Iowa Code Chapter 423A allows the Board of Supervisors by resolution to impose a hotel and motel tax in the Unincorporated Area of Fremont County, Iowa, not to exceed seven percent (7%) ; and

WHEREAS a majority of elegible voters of Fremont County approved the imposition of a hotel and motel tax at the special election held on December 6, 2005;

BE IT RESOLVED BY THE FREMONT COUNTY BOARD OF SUPERVISORS:

1. Imposition of tax. A tax of 7% shall be and same is hereby imposed on the gross receipts on the renting of sleeping rooms, apartments, or sleeping quarters in a hotel, motel, inn, public lodging house, rooming house, mobile home, bed and breakfast, which is tangible personal property, or tourist court, or in any place where sleeping accommodations are furnished for transient guests for rent, whether with or without meals, on the Unincorporated Areas of Fremont County, Iowa.

2. Use of Funds. Revenues derived from this tax shall be used by Fremont County for economic development, tourism and recreation as provided in Section 423A.2(4), 2005 Code of Iowa.

3. Beginning date of tax imposition. The tax shall be imposed beginning on the 1st day of July, 2006, following the required notice of at least 45 days to the Director of Revenue and Finance as provided by 423A.1.

Moved by Aistrope

ATTEST:

/s/ Joan Kirk                                                                                 /s/ John E. Whipple, Chairman       aye
Fremont County Auditor                                                             /s/  Chuck Larson                              absent
                                                                                                      /s/  David Aistrope                            aye

Prepared by Vicki Danley
Fremont County Attorney

At 9:30 a.m. motion was made by Aistrope to approve Resolution No. 2006-24 ordering the Treasurer to suspend taxes pursuant to Iowa Code Section 427.9, upon notification by the Department of Human Services. Aistrope, aye; Whipple, aye.

At 9:45 a.m. Shelly Binns with Child Support Recovery submitted a contract between the County and the State for the Board to approve and sign. Aistrope made a motion to approve the contract. Aistrope, aye and Whipple, aye.

At 10:00 a.m. Doug Aistrope and Brenda Loewe with Farm Bureau and Darci Schmitt and Tom Swift with Blue Cross Blue Shield met with the Board to discuss health insurance.

At 10:45 a.m. Art Claiborne met with the Board regarding office space. Claiborne’s office is currently in the Community Services Building. Claiborne said he had adequate storage space in his office and the veterans that use his services have easy access from the street. He would like to stay where he is.

At 11:00 a.m. County Engineer Dan Davis met with the Board. Motion was made by Aistrope to authorize Chairman Whipple to sign a Work in ROW Permit with Corey Collins. Aistrope, aye; Whipple, aye.

At 11:13 a.m. Aistrope made a motion to approve the 2006-2008 Union Agreement with the Fremont County Sheriff’s Department.

In other business, payroll for April 14, 2006 and the Sheriff’s Monthly Report were approved.

At 11:15 a.m. there being no further business, motion was made by Aistrope to adjourn. Aistrope, aye; Whipple, aye.

ATTEST:

Fremont County Auditor                                                                                                         John E. Whipple, Chairman

April 13, 2006:

At 8:30 a.m. on Thursday, April 13, 2006, a department head meeting was held in the Fremont County Courthouse Boardroom. Present were John E. Whipple, Chuck Larson, David Aistrope, Joan Kirk, Judy Crain, Dan Davis, Art Claiborne, Arnold Emberton, Karen Berry and Steve Whitehead. Claiborne went to a meeting in Creston regarding transportation for veterans; he feels this will be of great benefit.

The Fremont County Board of Supervisors met in regular session on Thursday, April 13, 2006, in the Fremont Courthouse, Boardroom, with Whipple, Larson 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. motion was made by Aistrope to accept ISAC’s Plan 9 quote for next year’s county health insurance. Larson, aye; Aistrope, aye; Whipple, aye.

At 9:30 a.m. Doug Phillips and Carol Jennings met with the Board requesting a letter of support for a CAT Grant Application for the City of Riverton. Riverton is in the process of gathering money to build a new fire department and community center. Larson made a motion to support the Riverton project and sign a letter of support. Aistrope, aye; Larson, aye; Whipple, aye.

At 10:00 a.m. Larry Whitehead submitted a bid of $2500 on Schultz Drainage work. Whitehead said the dike has a hole in it and the ditch has not been cleaned out for years and needs a lot of work. Aistrope made a motion to accept the bid of $2500 to clean the ditch and repair the dike. Aistrope, aye; Whipple, aye; Larson, aye.

At 10:20 a.m., there being no further business, Aistrope made a motion to adjourn. Aistrope, aye; Whipple, aye; Larson, aye.

ATTEST:

Fremont County Auditor                                                                                                         John E. Whipple, Chairman

April 18, 2005:

The Fremont County Board of Supervisors met in regular session on Tuesday, April 18, 2006, in the Fremont County Courthouse, Boardroom, with Whipple, Larson 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. County Engineer Dan Davis, Mike Batenhorst and Terry Travis were present for the bid opening on a road grader. Also present were representatives from Ziegler and Murphy Tractor and Equipment Co. The following bids were received: Ziegler, Inc., for a 2006 Caterpillar 140H, net price with trade, $109,861 and Murphy Tractor & Equipment Co., for a 2006 John Deere 770D, net price with trade, $113,770. The cost for a five year warranty from Ziegler would run from $2500 to $7000. Murphy Tractor and Equipment Co. offered a seven year warranty at no cost to the county. After discussion and recommendations from Dan Davis and Terry Travis, grader operator, motion was made by Aistrope to accept the bid from Murphy Tractor and Equipment Co. for the John Deere 770D grader. Larson, aye; Aistrope, aye; Whipple, aye.

The County Engineer’s Contract was discussed. Davis asked for a three year contract with an annual salary of $69,000 with cost of living increases. The Board will review and consider the contract and Davis will be on the agenda for Tuesday, April 25.

Motion was made by Aistrope for Chairman Whipple to sign an Application for Approval of Underground Construction County Highway Right-of-Way for MidAmerican Energy to install primary high voltage cable (13,200v) in conduit under Airport Road. Larson, aye; Aistrope, aye; Whipple, aye.

At 9:30 a.m. Sandie Sillers met with the Board regarding a shortage of office space. The Board said they would go to her office and look at the situation.

At 9:45 a.m. Norma Halling, ICAP Loss Control, met with the Board. She suggested that the County adopt a Risk Management Policy and also have a Risk Management Safety Committee. She recommended that the Board check and review the vehicle use policy.

At 10:30 a.m. Sheriff Steve MacDonald and Deputy Kevin Aistrope met with the Board. MacDonald requested a budget amendment in the amount of $120,000 for his department. He said the amendment was needed due to increased fuel expense; repairs to aging motor vehicles; radio & related equipment/maintenance contract; cost of housing inmates in Adams County; jail cameras and wiring; a new uncertified dispatcher being replaced with the new starting wage of a third year; maintenance contract for dictaphone equipment. The Board said they would look at his budget after the April 21st claims are paid.

Discussion was held in regards to the State Auditor’s recommendations regarding overtime for Administrative Assistant and Communication Center Supervisor. MacDonald presented a letter with job descriptions for these individuals. He will request a written opinion from Fair Labor Standards.

Sheriff MacDonald presented a letter to the Board in response to the State Auditor’s comments regarding the Fremont County Reserve Deputies. He stated that a spreadsheet would be set up for a trail of all money received and spent.

In other business, claims were approved for April 21, 2006.

At 11:40 a.m., there being no further business, motion was made by Larson to adjourn.

ATTEST:

Fremont County Auditor                                                                                                                     John E. Whipple, Chairman

April 20, 2006:

The Fremont County Board of Supervisors met in regular session on Thursday, April 20, 2006, in the Fremont Courthouse, Boardroom, with Whipple, Larson 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.

Patricia Rengifo with The Hamburg Reporter was present for the entire meeting.

At 9:30 a.m. Dan Davis, Fremont County Engineer, met with the Board. Aistrope made a motion to authorize Chairman Whipple to sign a payment voucher with HGM on J34 Project. Larson, aye; Aistrope, aye; Whipple, aye.

At 9:35 a.m. Brian Morrissey and Jim Whetstone with Iowa Department of Transportation met with the Board regarding three safety improvement projects planned for Hwy 2 and 210th Ave. Present were Dan Davis and Nick Robbins. Morrissey and Whetstone presented plans for the proposed changes that include a traffic light at the intersection of 211th street, returning the highway back to four lanes and adding turn lanes and signage. Morrissey said he is expecting the work to begin late in this calendar year. Larson made a motion for Chairman Whipple to sign the appropriate paperwork for the projects. Aistrope, aye; Larson, aye; Whipple, aye.

At 10:35 a.m. Fremont County Treasurer Judy Crain met with the Board requesting that the Board approve a change in banks for Fremont County’s daily business transactions. The Board asked her to prepare a resolution regarding the change.

At 11:10 a.m., there being no further business, Aistrope made a motion to adjourn. Larson, aye; Aistrope, aye; Whipple, aye.

ATTEST:

Fremont County Auditor                                                                                                         John E. Whipple, Chairman

April 25, 2006:

The Fremont County Board of Supervisors met in regular session on Tuesday, April 25, 2006, in the Fremont Courthouse, Boardroom, with Whipple, Larson 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. Dan Davis, Fremont County Engineer, met with the Board to discuss his contract. Aistrope made a motion to approve a three-year contract with an increase of 4%. Larson, aye; Aistrope, aye; Whipple, aye.

Motion was made by Aistrope to authorize Chairman Whipple to sign a Work in ROW for Alliance Gas to apply dust control. Aistrope, aye; Whipple, aye; Larson, aye.

Motion was made by Larson to authorize Chairman Whipple to sign IDOT Progress Voucher for Project FM-CO36(39)—55-36. Aistrope, aye; Whipple, aye; Larson, aye.

Motion was made by Larson to sign payment voucher to reimburse Fremont County Secondary Road for construction inspection costs. Aistrope, aye; Whipple, aye; Larson, aye.

At 9:30 a.m. Judy Crain met with the Board regarding a bank change proposal.

At 10:00 a.m. Pat Hume presented the Board with a plaque for Fremont County’s Support of Tourism, Development and Promotion of Western Iowa. Also present were Dennis Bateman with The Sidney Argus Herald and Patricia Rengifo with The Hamburg Reporter.

At 10:30 a.m. Steve MacDonald, Fremont County Sheriff, met with the Board regarding a budget amendment. Also present were Kevin Aistrope and Patricia Rengifo.

Payroll was approved for April 28, 2006.

At 11:40 a.m., there being no further business, motion was made by Aistrope to adjourn. Aistrope, aye; Whipple, aye; Larson, aye.

ATTEST:

Fremont County Auditor                                                                                                       John E. Whipple, Chairman

April 27, 2006:

The Fremont County Board of Supervisors met in regular adjourned session on Thursday, April 27, 2006, in the Fremont County Courthouse, Boardroom, with Whipple, Aistrope and Larson present. 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. The Engineer’s Contract was signed.

At 9:30 a.m. Scott Monical of First Community Bank and Treasurer Judy Crain met with the Board regarding banking. Crain stated that she wanted to open a business checking and money market account at Great Western Bank Hamburg/Sidney branches with all ACH’s directly affecting her office going to Hamburg. She stated that the Auditor’s payroll, accounts payable and secondary road accounts would remain at First Community Bank. After discussion, motion was made by Aistrope to approve the following resolution.

RESOLUTION NAMING DEPOSITORIES NO. 2006-24

RESOLVED, that the Fremont County Board of Supervisors of Fremont County, Iowa, approves the opening of a business checking and money market account at the Great Western Bank Hamburg/Sidney branches.

RESOLVED, Judith Crain, Fremont County Treasurer is hereby authorized to deposit Fremont County Funds into these accounts.

Motion made by Aistrope.

ATTEST:

/s/ Joan Kirk                                                                                 /s/ John E. Whipple, Chairman       aye
Fremont County Auditor                                                             /s/  Chuck Larson                              aye
                                                                                                      /s/  David Aistrope                            aye

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

RESOLUTION NAMING DEPOSITORIES NO. 2006-25

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

RESOLVED, Judith Crain, Fremont County Treasurer, is hereby authorized to deposit the Fremont County Funds in amounts not to exceed the maximum approved for each respective financial institution as set out below:

Depository Name                Location                             Maximum Balance

First Community Bank         Sidney                                 $5,000.000
First National Bank              Shenandoah/Farragut        $3,000,000
First State Bank                   Tabor                                   $2,000,000
Great Western Bank            Hamburg/Sidney                $6,000,000
Randolph State Bank           Randolph                             $6,000,000

Recorder:

Great Western Bank Hamburg/Sidney $ 100,000

Sheriff:

First Community Bank Sidney $ 100,000

Motion made by Aistrope.

ATTEST:

/s/ Joan Kirk                                                                                 /s/ John E. Whipple, Chairman       aye
Fremont County Auditor                                                             /s/  Chuck Larson                              aye
                                                                                                      /s/  David Aistrope                            aye

At 10:35 a.m., there being no further business, motion was made by Aistrope to adjourn. Aistrope, aye; Whipple, aye; Larson, aye.

ATTEST:

Fremont County Auditor                                                                                                       John E. Whipple, Chairman

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