Board of Supervisors Minutes
April 2007
April 3, 2007:
The Fremont County Board of Supervisors met in regular session on Tuesday, April 3, 2007, in the Fremont County Courthouse Boardroom with Larson, Whipple, and Hendrickson 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. Fremont County Attorney Margaret Gregory presented a 28E Contract for Law Enforcement Services between Fremont County and the City of Sidney. Gregory said the contract would end June 30, 2007. Whipple made a motion to approve the 28E contract. Hendrickson, aye; Whipple, aye; Larson, aye Also present was Fremont County Deputy Kevin Aistrope.
At 9:30 a.m. Fremont County Engineer Dan Davis met with the Board. Whipple made a motion to approve work in ROW permit with Qwest for work at 320th St. and 305 Ave. Hendrickson, aye; Whipple, aye; Larson, aye.
At 9:45 a.m. motion was made by Hendrickson to appoint Sandie Sillers to the SIRHA Board. Whipple, aye; Hendrickson, aye; Larson, aye.
In other business, the Board approved the quarterly report of Commission of Veteran Affairs.
At 9:50 a.m. motion was made by Whipple to authorize Chairman Larson to sign Renewal for Class B Beer and Sunday Sales for Percival Farm Service. Whipple, aye; Hendrickson, aye; Larson, aye.
Claims were approved for April 6, 2007.
At 10:00 a.m. Steve Murray with U.S. Department of Labor met with those interested in Fair Labor Standards Act (FLSA) relating to minimum wage, overtime, record keeping, child labor, and any other concerns regarding federal labor laws. Present were Sandie Sillers, Dan Davis, Steve MacDonald, Kevin Aistrope, Betty Whitehead, Arnold Emberton, Margaret Henkle and Margaret Gregory.
At 11:55 a.m., there being no further business, motion to adjourn was made. Whipple, aye; Hendrickson, aye; Larson, aye.
ATTEST
Fremont County Auditor
Chuck Larson, Chairman
April 5, 2007:
The Fremont County Board of Supervisors met in regular session on Thursday, April 5, 2007, in the Fremont County Courthouse Boardroom with Larson, Whipple and Hendrickson present. A quorum was declared and the meeting officially called to order at 6:30 p.m. Present were Sheriff Steve MacDonald and Randy and Becky Schaeffer. Motion was made by Whipple to approve the agenda as posted. Hendrickson, aye; Whipple, aye; Larson, aye. Motion was made by Hendrickson to approve minutes of the previous board session. Whipple, aye; Hendrickson, aye; Larson, aye.
At 6:30 p.m. levies for board controlled drainage districts were discussed. Motion was made by Whipple to approve certificates of levies as discussed. The levy for Scott Township Drainage was not set at this time.
Steve MacDonald requested that board agendas be announced on KMA Radio.
Don and Karen McAllister arrived at the meeting at 7:00 p.m.
At 7:00 p.m. motion was made by Hendrickson to authorize the county attorney to sign decree to award title to Tabor property. Whipple, aye; Hendrickson, aye; Larson, aye.
BE IT RESOLVED THAT THE FREMONT COUNTY BOARD OF SUPERVISORS does approve the Consent Decree in Iowa District Court for Fremont County, Case number CVCV023938, that being for the Petition by the City of Tabor, Iowa to award title to abandoned property in the City of Tabor, Iowa, to-wit:
Lots 59 and 60 in Rosedale Addition to the City of Tabor, Fremont County, Iowa
To so effect this resolution, the County Attorney for Fremont County, Iowa is authorized to execute the Decree in CVCV023938.
Dated: 4-5-07
ATTEST:
/s/ Joan Kirk
/s/ Chuck Larson, Chairman
Fremont County Auditor
/s/ John E. Whipple
by June Hardy, Asst. Auditor
/s/ Earl Hendrickson
In other business, the Sheriff’s monthly report was approved.
At 7:40 p.m., there being no further business, motion was made by Whipple to adjourn. Hendrickson, aye; Whipple, aye; Larson, aye.
ATTEST:
Fremont County Auditor Chuck Larson, Chairman
April 10, 2007:
The Fremont County Board of Supervisors met in regular session on Tuesday, April 10, 2007, in the Fremont County Courthouse Boardroom, with Larson, Whipple, and Hendrickson 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. Fremont County Engineer Dan Davis met with the Board. Hendrickson made a motion to authorize Chairman Larson to sign a Work in ROW Permit with Eaton Corporation to rock shoulder for temporary truck parking. Whipple, aye; Hendrickson, aye; Larson, aye.
Motion was made by Whipple to sign the following Resolution 2007-24 regarding salaries for non-union personnel for fiscal year 2008. Whipple, aye; Hendrickson, aye; Larson, aye.
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 2007, for the supervisory and non-union personnel in the
Secondary Road Department.
ASSISTANT COUNTY ENGINEER: $20.52 per hour salary
MAINTENANCE SUPERINTENDENT: $18.00 per hour salary
ADMINISTRATIVE ASSISTANT: $14.82 per hour salary
ENGINEER: $2,031 increase per section 9 of contract in effect as of July 1,
2006.
Motion is hereby made by Whipple to adopt this resolution.
Dated this 10th day of April, 2007.
ATTEST:
/s/ Joan Kirk
/s/ Chuck Larson, Chairman aye
Fremont County Auditor
/s/ John E. Whipple
aye
/s/ Earl Hendrickson aye
At 9:15 a.m. Hendrickson made a motion to approve the following Resolution No. 2007-25. Hendrickson, aye; Whipple, aye; Larson, aye.
BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 10th day of April 2007 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, 2007 - for Leafy Spurge, Perennial Peppergrass, Sour Dock, Sheep Sorrow.
Group 2: May 20, 2007 - for Canada Thistle, Russian Knapweed, Buckhorn, Wild Mustard, Musk Thistle and all other species of thistle.
Group 3: June 30, 2007 - for Field Bindweed, Wild Carrot.
Group 4: June 30, 2007 - for Horse Nettle, Perennial Sow Thistle, Quack Grass, Butter Print, Puncture Vine, Cocklebur, Bull Thistle and Hemp.
Group 5: August 14, 2007- 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/ Chuck Larson, Chairman aye
Fremont County Auditor
/s/ John E. Whipple
aye
/s/ Earl Hendrickson aye
At 9:30 a.m. Ryan Funke, Fremont County Conservation Director, met with the Board to discuss his budget. Funke said his budget was going to be real close this year. Part of the problem is there have been a lot of costly, unexpected repairs. Funke said he did not know of any other unexpected expenses coming up before the end of the year. He will bring in his last quarter figures and they will discuss the problem further.
At 10:04 a.m. Hendrickson made a motion to extend the night meetings until the end of the calendar year 2007. At that time it will be re-evaluated. Hendrickson, aye; Whipple, aye, Larson, aye.
At 10:11 a.m. Whipple made a motion to appoint Chuck Larson as the contact person for REAP Commission. Hendrickson, aye; Whipple, aye, Larson, aye.
At 10:15 a.m. motion was made by Hendrickson to authorize Chairman Larson to sign Renewal of a Class C Liquor License for McMahon’s Sports Bar. Whipple, aye; Hendrickson, aye; Larson, aye.
At 10:20 a.m. Red Haun stopped in to visit with the Board.
Payroll was approved for April 13, 2007.
At 10:50 a.m., there being no further business, Whipple made a motion to adjourn. Whipple, aye; Hendrickson, aye; Larson, aye.
ATTEST:
Fremont County Auditor Chuck Larson, Chairman
April 12, 2007:
At 8:30 a.m. on Thursday, April 12, 2007, a department head meeting was held in the Fremont County Courthouse Boardroom. Present were Chuck Larson, John E. Whipple, Earl Hendrickson, Judy Crain, Dan Davis, Karen Berry, Steve MacDonald, Steve Whitehead, Margaret Henkle, Arnold Emberton, and Joan Kirk. Topics discussed were CREEGAC, Fair Labor Standards, Sheriff’s Auction, Drivers License, System Update, Zoning, Economic Development, Record Scanning and Fire Extinguisher Class.
The Fremont County Board of Supervisors met in regular session on Thursday, April 12, 2007, in the Fremont County Courthouse Boardroom with Larson, Whipple, and Hendrickson 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 was present for this meeting.
At 9:00 a.m. Fremont County Engineer Dan Davis met with the Board. Motion was made by Whipple to authorize Chairman Larson to sign Hungry Canyons Agreement on Dinville Box, Project L-3-23-2. Hendrickson, aye; Whipple, aye; Larson, aye.
At 9:15 a.m. motion was made by Hendrickson to approve the following Resolution 2007-26. Whipple, aye; Hendrickson, aye; Larson, aye.
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 certificate of purchase at tax sale to Gary Farwell and Judy Farwell, Randolph, Iowa, 51649, in exchange for the sum of two hundred forty six dollars.
Parcel 450450113000000 LOTS 13 & 14 BLOCK 22 Randolph, in the original town of Randolph, Fremont County, Iowa, according to the recorded plat thereof.
THEREFORE, be it resolved that a public hearing on the foregoing proposal shall be held at 9:00 a.m. on the 26th day of April 2007, in the Boardroom in 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 Sidney Argus Herald, once, at least four days but not more than twenty days before the date of the public hearing.
Adopted this 12th day of April 2007.
ATTEST
/s/ Joan Kirk
/s/ Chuck Larson, Chairman aye
Fremont County Auditor
/s/ John E. Whipple
aye
/s/ Earl Hendrickson aye
9:30 a.m. - The Board is waiting on an agreement from the Sheriff’s union before making any decision on change in hours regarding the Sheriff’s Office.
At 10:00 a.m. Glen Stenzel met with the Board and discussed Hamburg Pumping Facility. He stated that since they have not had to pump much for several years they have not asked for money, but now the balance is low and they need to build up funds to cover future maintenance or operating needs. He asked for the assessment of $5,658.00 for 2005/2006 from Hamburg Re-Levy. The Board, acting as Trustees for Hamburg ReLevy, approved a claim in this amount.
At 10:30 a.m. motion was made by Hendrickson to sign Renewal Group Binder Agreement with Wellmark Blue Cross Blue Shield. Whipple, aye; Hendrickson, aye; Larson, aye.
At 10:40 a.m., there being no further business, Hendrickson made a motion to adjourn. Whipple, aye; Hendrickson, aye; Larson, aye.
ATTEST:
Fremont County Auditor Chuck Larson, Chairman
April 17, 2007:
The Fremont County Board of Supervisors met in regular session on Tuesday, April 17, 2007, in the Fremont County Courthouse Boardroom, with Whipple and Hendrickson 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 Larson was not present for this meeting.
At 9:00 a.m. Ryan Funke, Conservation Director, met with the Board and presented a summary of the last two years of revenues and expenses for the Fremont County Golf Course. Sufficient revenue is coming in, but is not reflected in the current year budget. Funke considers crucial expenses to be: employee wages, FICA, IPERS, insurance, and utilities, which are going to run about $30,000 for the rest of this fiscal year, while there is only $17,000 budgeted. The state auditor will be contacted to see if there is a way to transfer funds or if there will need to be a budget amendment.
At 9:35 a.m. Hendrickson made a motion to appoint Jim McAlexander to fill a vacancy on the Planning and Zoning Commission to replace Arnold Hall. Whipple, aye; Hendrickson, aye.
In other business, claims for April 20, 2007 were approved.
At 10:25 a.m., there being no further business, Hendrickson made a motion to adjourn. Whipple, aye; Hendrickson.
ATTEST:
Fremont County Auditor John E. Whipple, Vice-Chairman
April 19, 2007:
The Fremont County Board of Supervisors met in regular session on Thursday, April 19, 2007, in the Fremont County Courthouse Boardroom, with Larson, Whipple, and Hendrickson 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. Kim Gee, President of FREDCO, met with the Board to keep them informed on what FREDCO has been doing. Gee said they approved FREDCO’s by-laws and constitution with a few changes. Gee also said they have a couple of new members and will be going ahead with Dream Café. FREDCO will be doing a quarterly financial statement for full disclosure, which will be shared with the Board of Supervisors. Also present were Lynda Cruickshank and Karen Berry.
At 9:30 a.m. Greg Cruickshank, Superintendent of Sidney Schools, spoke with the Board about the relationship between economic growth and education in Fremont County from a school’s perspective. Some of the topics discussed were enrollment trends in Fremont County, primary sources of revenue and what happens when a district experiences declining enrollment. Also present were Paul Sellon, Kim Gee, Lynda Cruickshank and Karen Berry.
The following claim was approved for handwritten warrant. DECAT; Pamela Herzberg, reimb-training expense, $171.00
At 10:30 a.m., there being no further business, Whipple made a motion to adjourn. Whipple, aye; Hendrickson, aye; Larson, aye.
ATTEST:
Fremont County Auditor Chuck Larson, Chairman
April 24, 2007:
The Fremont County Board of Supervisors met in regular session on Tuesday, April 24, 2007, in the Fremont County Courthouse Boardroom, with Larson, Whipple, and Hendrickson 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. Fremont County Engineer Dan Davis met with the Board to discuss a proposed lighting agreement he received from the Iowa Department of Transportation regarding lighting at the north and south Sidney Bypass intersections. The Board did not feel the county should be responsible for the north lights, as they are on the state highway. Davis said he would renegotiate with the DOT.
Motion was made by Whipple to authorize Chairman Larson to sign IDOT payment vouchers with HGM Associates, Inc. for Projects FM-CO36(44)—55-36 and FM-CO36(45)—55-46. Whipple, aye; Hendrickson, aye; Larson, aye.
Motion was made by Whipple to authorize Chairman Larson to sign Amendment No. 4 for HGM on Knox Road Alignment Study. Hendrickson, aye; Whipple, aye; Larson, aye.
At 9:30 a.m. motion was made by Hendrickson to authorize Chairman Larson to sign Renewal of Class C Native Wine (WCN) for Sugar Clay Winery and Vineyards, LLC. Whipple, aye; Hendrickson, aye; Larson, aye.
In other business, payroll for April 27, 2007 was approved.
At 10:20 a.m., there being no further business, Whipple made a motion to adjourn. Whipple, aye; Hendrickson, aye; Larson, aye.
ATTEST:
Fremont County Auditor Chuck Larson, Chairman
April 26, 2007:
The Fremont County Board of Supervisors met in regular session on Thursday, April 26, 2007, in the Fremont County Courthouse Boardroom, with Larson, Whipple, and Hendrickson 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 was present for this meeting.
At 9:00 a.m. the public hearing to assign Certificate of Purchase at Tax Sale was held. Present were Chuck Larson, John Whipple, Earl Hendrickson, Patricia Rengifo and Joan Kirk. Whipple made a motion to close the hearing and approve the following resolutions.
RESOLUTION APPROVING THE ASSIGNMENT OF CERTIFICATE OF PURCHASE AT TAX SALE TO THE FOLLOWING:
WHEREAS, Gary Farwell and Judy Farwell, 209 N. Washington Street, Randolph, Iowa, 51649, is desirous of obtaining a certificate of tax sale purchase for $246.00 for the following:
Parcel Number 450450113000000 – LOTS 13 & 14 BLOCK 22, RANDOLPH, in the original town of 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 26th day of April 2007, and
WHEREAS, the transfer of said certificate of tax purchase to Gary Farwell and Judy Farwell, Randolph, Iowa, 51649, is in the better interest of the County and is in the better interest of Gary Farwell 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 26th day of April 2007.
/s/ Joan Kirk /s/ Chuck Larson, Chairman aye
Fremont County Auditor
/s/ John E. Whipple
aye
/s/ Earl Hendrickson aye
RESOLUTION No. 2007-28
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 Farwell and Judy Farwell, 209 N. Washington Street, Randolph, Iowa, 51649 as follows:
Parcel Number 450450113000000 – LOTS 13 & 14 BLOCK 22 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 $246.00.
Dated this 26th day of April, 2007.
/s/ Joan Kirk /s/ Chuck Larson, Chairman aye
Fremont County Auditor
/s/ John E. Whipple
aye
/s/ Earl Hendrickson aye
STATE OF IOWA, FREMONT COUNTY SS:
On this 26th day of April 2007, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Chuck Larson, 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/ Betty Jo Whitehead
Notary Public in and for the State of Iowa
AGREEMENT RE: ASSIGNMENT OF CERTIFICATE OF TAX SALE PURCHASE of:
Parcel Number 450450113000000 – LOTS 13 & 14 BLOCK 22, RANDOLPH, in the original town of Randolph, Fremont County, Iowa, according to the recorded plat thereof.
WHEREAS, the above described real estate was offered at tax sale pursuant to Iowa Code Section 446.18 and no bid was received and Fremont County became the owner of the tax sale certificates, and
WHEREAS, Fremont County does not wish to acquire the ownership of this real estate, and
WHEREAS, Fremont County is desirous of transferring the certificates of tax purchases to Gary Farwell and Judy Farwell, Randolph, Iowa, 51649, in exchange for the amount of $246.00 and Gary Farwell and Judy Farwell’s promise to complete tax redemption and obtain tax deed at their expense, and
WHEREAS, Gary Farwell and Judy Farwell understand that assignment of tax sale certificates of purchases does not constitute a conveyance of title and that this property may be redeemed by any eligible person at any time before expiration of right of redemption pursuant to section 447.9 of the Code of Iowa, and
WHEREAS, Gary Farwell and Judy Farwell understands that they must obtain a tax deed pursuant to section 446.31 of the Code of Iowa, now
THEREFORE, based upon the terms and conditions recited herein, the following agreement is made:
1. Fremont County shall transfer and assign the certificates of tax sale purchases for the above real estate to Gary Farwell and Judy Farwell and they shall take such other action necessary to complete the transfer of title and be issued Tax Sale Deeds.
2. Gary Farwell and Judy Farwell shall be responsible for the preparation of all documents, legal services and expenses necessary to complete the transfer of the certificates of purchases and to complete the process of tax redemption and tax deed pursuant to Chapter 447 of the Code of Iowa.
IT IS SO AGREED this 26th day of April 2007.
/s/ Gary Farwell and Judy Farwell /s/ Chuck Larson, Chairman
At 9:30 a.m. Fremont County Engineer Dan Davis met with the Board. Motion was made by Hendrickson to authorize Chairman Larson to sign payment vouchers on M-16 Box with Kirkham-Michael, Project FM-CO36(46)—55-36. Whipple, aye; Hendrickson, aye; Larson, aye.
There was some discussion on having a meeting with City of Shenandoah regarding Green Plains project.
Motion was made by Whipple to approve the following Resolution 2007-29. Hendrickson, aye; Whipple, aye; Larson, aye.
RESOLUTION TO ACCEPT LOW BID AND AWARD CONSTRUCTION CONTRACT
WHEREAS, the Iowa Department of Transportation held a letting for construction projects on April 17, 2007, and
WHEREAS, three (3) bids were received for Seal Coat Project FM-CO36(43)—55-36, and
NOW THEREFORE BE IT RESOLVED by the Board of Supervisors of Fremont County that the contract be awarded to Manatts, Inc. of Brooklyn, Iowa, for the low bid of $397,827.78. The cost of this project shall be paid from Farm to Market funds.
Motion to approve made by Whipple.
Approved this 26th day of April, 2007.
/s/ Joan Kirk /s/ Chuck Larson, Chairman aye
Fremont County Auditor
/s/ John E. Whipple
aye
/s/ Earl Hendrickson aye
At 10:00 a.m. motion was made by Whipple, due to the lack of proper process, not to authorize the Sheriff’s Sale. Hendrickson, nay; Whipple, aye; Larson, nay. Hendrickson said he would like to see this sale approved and write a letter to the Sheriff saying before authorizing any future sales they need to follow procedures in the Iowa Code. Whipple, nay; Hendrickson, aye; Larson, aye.
At 10:15 a.m. Steve Whitehead, maintenance supervisor, met with the Board regarding the condition of the walls in the law library/election room after bookcases and paneling were removed. Whitehead also asked about refinishing two old oak tables from the room. Hendrickson made a motion to use local option tax money to repair the walls. Whipple, aye; Hendrickson, aye; Larson, aye. Whitehead will get bids on refinishing the oak tables.
At 10:45 a.m., there being no further business, Whipple made a motion to adjourn. Whipple, aye; Hendrickson, aye; Larson, aye.
ATTEST:
Fremont County Auditor Chuck Larson, Chairman