Board of Supervisors Minutes May 2005

The Fremont County Board of Supervisors met in regular session on Tuesday, May 3, 2005 in the Fremont County Courthouse, Boardroom, with Aistrope, Whipple 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. County Engineer Dan Davis and Mike Batenhorst met with the Board. Motion was made by Larson to approve the following resolution. Aistrope, aye; Whipple, aye and 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, 2005, for the supervisory and non-union personnel in the Secondary Road Department.

ASSISTANT TO COUNTY ENGINEER: $19.34 per hour salary
MAINTENANCE SUPERINTENDENT: $16.97 per hour salary
ADMINISTRATIVE ASSISTANT: $13.97 per hour salary
ENGINEER: $1,588 increase per section 9 of contract in effect as of July 1, 2004.

Motion is hereby made by Larson to adopt this resolution.

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

At 9:10 a.m. County Engineer Dan Davis and Mike Batenhorst met with the Board requesting approval of a quote on two rock truck trailers. The sale price for two is $84,682. Trade-Ins: Load King 2060-40-2 $17,000 and Load King 2060-40-2 $16,500. Whipple made a motion to approve offer. Larson, aye; Aistrope, aye; Whipple, aye.

At 9:30 a.m. the Board placed a call to Renee Von Bokern of Von Bokern Associates Inc. regarding making some changes in the draft of Personnel Policy Manual. Von Bokern said she would make the changes and get it back to the Board as soon as possible. Whipple said he would like to have the manual in effect by July 1, 2005.

In other business, claims for May 6^th, 2005 were approved. Claim number 2763 was not approved.

At 11:00 a.m. Whipple made a motion for Chairman Aistrope to sign the Anniversary Supplement for Fremont County Insurance Policy with Iowa Communities Assurance Pool (ICAP). Motion carried.

The Fremont County Board of Supervisors met in regular session on Thursday, May 5, 2005, in the Fremont County Courthouse, Boardroom, with Aistrope, Whipple 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. Steve MacDonald, Fremont County Sheriff, met with the Board regarding a 1994 Pontiac Bonneville that was, because of incorrect information provided to the Sheriff, sold at Sheriff’s Auction in August, 2004 without a clear title. MacDonald presented receipts for equipment and labor that were put into the automobile by the purchaser in order to determine how much the county owed him. MacDonald suggested the purchaser get the $365.00 back that he paid for the car and keep the car and improvements knowing the car cannot be licensed. Whipple made the motion to have MacDonald present the purchaser with that offer. Larson, aye; Whipple, aye; and Aistrope, aye. MacDonald also gave other information from the Sheriff's auction.

At 9:30 a.m. Dan Davis, Fremont County Engineer, and Mike Batenhorst met with the Board. Motion was made by Larson to approve the following Resolution No. 2005-28. Aistrope, aye; Whipple, aye and Larson, aye.

WHEREAS, the Iowa Department of Transportation held a letting for construction projects on April 19, 2005, and

NOW THEREFORE BE IT RESOLVED by the Board of Supervisors of Fremont County that the contract be awarded to Fort Dodge Asphalt Company, Inc. for the low bid of $56,332.70. The cost of this project shall be paid from Farm to Market funds.

At 9:35 a.m. Dan Davis also presented and recommended the Board approve the following Resolution. Whipple made the motion to approve Resolution No. 2005-29. Larson, aye; Whipple, aye; and Aistrope, aye. Motion carried.

Resolution to Advance Locally Funded Project(s) in the Priority List
Fremont County Resolution No. 2005-29

BE IT RESOLVED: That the Board of Supervisors of Fremont County, Iowa, initiates and recommends that the advancement of the following project(s) to the accomplishment year be approved by the Iowa Department of Transportation (Iowa DOT) for improvement with local funds for the period covering the current secondary road construction program.

Deleted Projects/Under Run	Previous Priority Year	Route Number	Project Number	Type of Work and Location of Project	Length Miles	Estimated Costs
L-17-36-3	2006	Local	L-15-34-3	Pipe Culvert on the NL 34-67-40	N/A	$40,000

I, Joan Kirk, Auditor in and for Fremont County, Iowa, do hereby certify the above and foregoing to be a true and exact copy of a resolution passed and approved by the Board of Supervisors of Fremont County, Iowa, at their
meeting held on the 5th day of May, 2005.
/s/ Joan Kirk
County Auditor

At 9:45 a.m. Whipple made a motion to approve minutes of April 28, 2005. Aistrope, aye; Whipple, aye and Larson, aye.

At 10:05 a.m. Whipple made a motion to adjourn. Larson, aye; Whipple, aye; and Aistrope, aye.

The Fremont County Board of Supervisors met in regular session on Tuesday, May 10, 2005 in the Fremont County Courthouse, Boardroom, with Aistrope, Whipple 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. Larson made a motion to table the decision on health insurance until after the department head meeting on May 12^th. Aistrope, aye; Whipple, aye and Larson, aye.

At 9:30 a.m. County Engineer Dan Davis asked the Board to approve an additional cost of $1,000.00 to HGM Associates Inc. for revision and update of the project corridor ownership database; update of public meeting exhibits; and development of 11"x17" public meeting exhibits for property owners. This is in regards to the Knox Road Alignment Study. Larson made a motion for Chairman Aistrope to sign. Whipple, aye; Aistrope, aye; Larson, aye.

At 10:00 a.m. Bruce Green, Attorney, presented the following Resolution No. 2005-30 for Sale of Country Acres Care. Present were Trent Nelson, Reporter; Nancy Vanatta, Realtor; Harold Snyder, Realtor; Steve MacDonald, Fremont County Sheriff; Ron Moyer, Realtor; Alan Cross, Reporter; David Aistrope, Board Chairman; John E. Whipple, Board Member; Chuck Larson, Board Member and Joan Kirk, Auditor. After some discussion regarding the resolution, Whipple made a motion to approve the resolution. Aistrope asked for a vote approving the resolution, Aistrope, aye; Whipple, aye and Larson nay. There will be a Public Hearing on the sale of Country Acres Care on May 24, 2005 at 10:00 a.m. in the Boardroom.

The Fremont county Board of Supervisors met in regular session on the 10th day of May, 2005, at 9:00 o’clock a.m. in the Board Room at the Fremont County Courthouse in Sidney, Iowa. The meeting was called to order and there were present: Present: David Aistrope, John E. Whipple and Chuck Larson. Absent: None

Matters were discussed regarding a prior and continuing offer by Morse Enterprises to buy certain real estate commonly known as Country Acres Care, the contents, and a generator located at the site. Whereupon, Board Member John E. Whipple introduced the following resolution and moved its adoption; and after due consideration thereof by the Board, the Chairman put the question upon the motion and the roll being called, the following named members of the Board voted: Ayes: David Aistrope and John E. Whipple; Nays: Chuck Larson

Whereupon, the Chairman declared the said motion duly carried and the Resolution adopted, as follows:

A RESOLUTION FIXING A DATE FOR A PUBLIC HEARING ON THE PROPOSED SALE OF REAL PROPERTY COMMONLY KNOWN AS COUNTRY ACRES CARE, CERTAIN PERSONAL PROPERTY LOCATED THEREIN, AND A GENERATOR TO MORSE ENTERPRISES:

WHEREAS, the Fremont County Board of Supervisors had previously received a timely offer by Morse Enterprises, pursuant to a duly executed Listing Agreement with Fremont County Realty, to purchase real property owned by Fremont County, commonly known as Country Acres Care identified as Parcel No. 280280993000000, and legally described as:
A parcel of land located in part of the NW¼ NE¼ and in part of the NE¼ NE¼ of Section 15, Township 68 North, Range 42 West of the 5^th Principal Meridian, Fremont County, Iowa, said parcel being more fully described as follows: Commencing at the North ¼ Corner of said Section 15; thence N90°00'00"E along the North line of said NW¼ NE¼ a distance of 1228.26 feet to the Point of Beginning; thence continuing N90°00'00"E along said North line a distance of 71.08 feet to a point on a curve, concave Southwesterly having a central angle of 25°03'38" and a radius of 345.00 feet; thence Southeasterly along a portion of said curve an arc length of 143.65 feet with a chord bearing and distance of S51°58'17"E, 142.62 feet to the end of said curve; thence S40°02'34"E a distance of 751.48 feet; thence N53°33'06"E a distance of 29.41 feet; thence S36°05'05"E a distance of 201.69 feet; thence N81°54'35"E a distance of 112.83 feet; thence S66°57'15"E a distance of 122.69 feet; thence S08°14'45"W a distance of 397.94 feet; thence S80°13'24"W a distance of 376.28 feet; thence N56°11'19"W a distance of 147.90 feet; thence N0°16'25"E a distance of 201.44 feet; thence N55°54'04"E a distance of 335.29 feet; thence N40°02'34"W a distance of 940.13 feet to the beginning of a curve, concave Southwesterly having a central angel of 25°03'38" and a radius of 315.00 feet; thence Northwesterly along said curve an arc length of 137.78 feet with a chord bearing and distance of N52°34'23"W, 136.68 feet to the end of said curve; thence N65°06'12"W a distance of 57.23 feet to the Point of Beginning. Said parcel contains 5.58 acres, more or less, including presently established county road right-of-way (0.03 ac.), and is subject to easements of record, and the following easements:.
An easement 30.00 feet in width located in part of the NE¼ NE¼ of Section 15, Township 68 North, Range 42 West of the 5^th Principal Meridian, Fremont County, Iowa, said easement being 15.00 feet from each side of the following described centerline: Commencing at the Southwest Corner of said NE¼ NE¼; thence N01°01'55"E along the West line of said NE¼ NE¼ a distance of 560.43 feet; thence N90°00'00"E a distance of 46.81 feet; thence S86°16'49"E a distance of 129.96 feet to the Point of Beginning for said easement; thence S82°20'11"E along the centerline of said easement a distance of 523.36 feet to the end of said easement.

and an easement for ingress and egress for the public to reach and maintain the cemetery, to wit:
A parcel of land located in part of the NE¼ NE¼ of Section 15, Township 68 North, Range 42 West of the 5^th Principal Meridian, Fremont County, Iowa, said parcel being more fully described as follows: Commencing at the Southwest corner of said NE¼ NE¼; thence N01°01'55"E along the West line of said NE¼ NE¼ a distance of 560.43 feet; thence N90°00'00"E a distance of 46.81 feet to the point of beginning; thence S86°16'49"E a distance of 129.96 feet; thence S10°52'37"W a distance of 156.12 feet; thence N85°23'59"W a distance of 111.25 feet; thence N03°59'36"E a distance of 153.19 feet to the point of beginning. Said parcel contains 0.43 acres, more or less, and is subject to easements of record.

NOTE: The North line of the NE¼ of said Section 15 is assumed to bear N90°00'00"E for this description.

WHEREAS, this offer includes a generator located on the Real Estate and all personal property owned by Fremont County and located on or in the Real Estate as of June 30, 2004, excluding, however, all personal property described in Resolutions No. 2005-12, No. 2005-13, and No. 2005-14;

WHEREAS, the highest bid prior to Morse Enterprises’ offer of $225,000.00 was only $28,005.00.

WHEREAS, the Fremont County Board of Supervisors previously held one or more public hearings regarding Morse Enterprises’ offer to purchase the Real Estate, along with the above-described personal property and generator;

WHEREAS, the Real Estate was the subject of a lawsuit filed in the Iowa District Court of Fremont County, captioned Vicki Danley, as Fremont County Attorney v. Fremont County Board of Supervisors, David Aistrope, Chairman, John Whipple, and Chuck Larson, wherein the Fremont County Attorney temporarily enjoined the sale of the Real Estate (the "Lawsuit");

WHEREAS, the Fremont County Board of Supervisors believes that it is in the best financial interest of Fremont County and its citizens to sell the Real Estate, along with the generator thereon, and the personal property described above for the sum of $225,000.00, pursuant to terms and conditions contained in the Purchase Agreement attached hereto as Exhibit A and the Easement Agreement attached hereto as Exhibit B, and to pay from the proceeds thereof a total commission equal to 6% of the sale price to Fremont County Realty.

NOTICE OF PROPOSED SALE OF REAL PROPERTY COMMONLY KNOWN AS COUNTRY ACRES CARE AND CERTAIN PERSONAL PROPERTY LOCATED THEREIN

The Fremont County Board of Supervisors will meet on the 24th day of May, 2005, at 10:00 o’clock a.m., in the Boardroom at the Fremont County Courthouse, Sidney, Iowa, for the purpose of conducting a public hearing on the proposed sale of real property commonly known as Country Acres Care (the "Real Estate"), the contents located thereon as of June 30, 2004, (excluding all personal property which was the subject of the Fremont County board of Supervisor’s Resolutions No. 2005-12, No. 2005-13, and No. 2005-14), and a generator for $225,000.00 under the terms and conditions of a Purchase Agreement and Easement Agreement which are attached to Fremont County Board of Resolution No. 2005-30 and available at the office of the Fremont County Auditor. As part of the sale, Fremont County will pay a total commission of 6% to Fremont County Realty.
At the time and place, objections from any resident of Fremont County, any property owner in Fremont County, or any adversely affected party may be presented. At such meeting or any adjournment thereof, the Board of Supervisors shall adopt a Resolution determining whether or not to proceed with the proposed sale. Written comments may also be submitted to the Fremont County Board of Supervisors at the Fremont County Courthouse, P.O. Box 610, Sidney, IA 51652. Written comments must be received by the above hearing date.

By order of the Fremont County Board of Supervisors this 10th day of May, 2005.

/S/ JOAN KIRK
FREMONT COUNTY AUDITOR

/S/ JOAN KIRK                                                                             DAVID AISTROPE, CHAIRMAN     aye
FREMONT COUNTY AUDITOR                                                JOHN E. WHIPPLE                            aye
                                                                                                        CHUCK LARSON                               nay

At 11:00 a.m. Jim Ebmeier, Mills County Engineer, met with Board requesting the Chairman sign a Contract with Henningsen Construction Inc. of Council Bluffs. Henningsen had the low bid of $75,175.69 on the Welcome Center Parking and Landscaping. Whipple made a motion for Chairman Aistrope to sign the contract. Larson, aye; Whipple, aye; and Aistrope, aye.

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

At 8:30 a.m. on Thursday May 12, 2005, a department head meeting was held in the Fremont County Courthouse Boardroom. Present were Dan Davis, Art Claiborne, Alise Snyder, Arnold Emberton, Ryan Funke, Vicki Danley, Steve MacDonald, Margaret Henkle and Karen Berry. County health insurance and retaining wall were the topics of discussion. Health insurance will be put on the agenda May 17^th for the Board’s decision on a carrier. No decision will be made on the retaining wall until after talking to Brian Morrissey with the Iowa Department of Transportation regarding projects in the county. Morrissey is on the agenda for June 9^th at 10:00 a.m.

The Fremont County Board of Supervisors met in regular session on Thursday, May 12, 2005, in the Fremont County Courthouse, Boardroom, with Aistrope, Whipple 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, Fremont County Engineer, met with the Board. Motion was made by Larson to authorize Chairman Aistrope to sign contracts and bonds with Fort Dodge Asphalt Company, Inc. for HMA crack filling on Project (FM-C036 (40)--55-36. Larson, aye; Whipple, aye; and Aistrope, aye.

At 10:30 a.m. Steven Wichman talked to the Board about boundary lines of his property in Anderson. He feels the survey he had on his property is not correct. Wichman said it states on his Abstract that when the town changed from Shiloh to Anderson the survey was wrong. The Board suggested he get an attorney to help him though the process of getting it straightened out. Wichman also stated he felt the alley should be closed.

The Fremont County Board of Supervisors met in regular session on Tuesday, May 17, 2005, in the Fremont County Courthouse, Boardroom, with Aistrope, Whipple 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.

At 9:00 a.m. the 10:30 appointment on the agenda called and cancelled. Larson made the motion to approve the agenda as amended.

At 9:07 a.m. Sandie Sillers, Fremont County CPC, met with the Board and presented the General Assistance Report for the 1^st Quarter. Larson made a motion to approve the report. Aistrope, aye; Whipple, aye, Larson, aye. Sillers also explained to the Board the Medicaid billing process.

At 10:00 a.m. Ron Moyer, Heartland Properties, presented a Uniform Purchase Agreement to the Board for $237,000.00 as an offer to purchase the property known as 5 Ac M/L Country Care Center. Aistrope said they were going to have a public hearing on the sale of Country Acres Care Facility on May 24, 2005 and depending on the outcome, see where to go from there. Also present at the meeting were Trent Nelson, Reporter, Steve MacDonald, Sheriff, David Aistrope, John E. Whipple, Chuck Larson and Joan Kirk.

At 11:05 a.m. the Board discussed health insurance plans for the County. Larson felt there was not an apples to apples comparison in United Healthcare and BC/BS with Iowa State Association of Counties (ISAC). Aistrope reminded Larson there were only 22 counties with ISAC now and those counties were on record as low health care usage. Aistrope felt the increase with United Healthcare HEB plan was the plan that came closest to matching the county’s budget and to what BC/BS had to offer. Aistrope also said if the county goes with BC/BS it would mean the county would have to come up with an additional $48,568.56. Following the discussion Aistrope called for a vote. Whipple made a motion to go with the United Healthcare HEB plan. Aistrope, aye; Whipple, aye; Larson, Nay.

At 11:25 a.m. Whipple made a motion to adjourn. Larson, aye; Whipple, aye; and Aistrope, aye.

The Fremont County Board of Supervisors met in regular session on Thursday, May 19, 2005, in the Fremont County Courthouse, Boardroom, with Aistrope, Whipple 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. Georgann Stephens, City Clerk of Hamburg, met with the Board regarding a Vision Iowa Grant for the City of Hamburg’s Downtown project. Stephens told the Board that in order to receive a Vision Iowa Grant the County would have to show some financial support towards the project. Larson made a motion to send a letter to Vision Iowa showing the County’s support of the project by giving them $500.00 for two years with funds coming from Economic Development. Aistrope, aye; Whipple, aye and Larson, aye.

At 9:30 a.m. Larson made the motion to approve the Fremont County Board of Health Proposed Regulation 2005-l, Control of Lead-Based Paint, and Proposed Regulation 2005-2, Quarantine and Isolation. Whipple, aye; Aistrope, aye; Larson, aye.

At 10:00 a.m. Steve Wichman met with the Board to discuss closing a vacated alley in the unincorporated town of Anderson. Present were County Engineer Dan Davis, David Aistrope, John E. Whipple, Chuck Larson and Joan Kirk. Wichman presented pictures to the Board of a skid and where he thinks the alley should be. Davis asked if Wichman had his property surveyed and Wichman said that he had, but the surveyor used the wrong pin as a marker. Wichman said the traffic took his well out and he put a new one in and was not going to go through that again. Wichman said a neighbor is claiming the alley is his driveway. Aistrope said it was a legal matter and he felt Wichman should get an attorney involved. Wichman said he did have a lawyer involved and he advised him to come to the Board and see if they would do anything about it. Wichman said he would proceed to the next step.

At 11:03 a.m. the Board asked Steve Whitehead, Maintenance Supervisor, to be on the agenda regarding a complaint about the fans in the courtroom making noise. Whitehead agreed that the fans are making a noise. Larson made a motion that Whitehead look into the cost of replacing the fans and get back to the Board with that information. Aistrope, aye; Whipple, aye and Larson, aye.

In other business, the following claim was approved for a hand-written warrant. General Basic Fund: Fleet

At 11:07 a.m. Whipple made the motion to adjourn. Aistrope, aye; Whipple, aye and Larson, aye.

The Fremont County Board of Supervisors met in regular session on Tuesday, May 24, 2005, in the Fremont County Courthouse, Boardroom, with Aistrope, Whipple 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.

At 9:00 a.m. Whipple announced he would not be attending the 4^th Judicial Board Meeting in Council Bluffs at 1:00 p.m. as posted on the agenda. Larson made a motion to approve the agenda as amended. Whipple, aye; Aistrope, aye; Larson, aye.

At 9:10 a.m. Larson made a motion for Chairman Aistrope to sign Workers’ Compensation Coverage renewal worksheet for policy period 7/1/05 to 7/1/06. Aistrope, aye; Whipple, aye and Larson, aye.

The following claim was approved for a hand written warrant. MH-DD Service Fund: Iowa Division of Criminal Investigation, 15.00.

At 10:00 a.m. present were David Aistrope, John E. Whipple, Chuck Larson, Joan Kirk, Trent Nelson, Reporter; Harold Snyder, Real Estate Agent; Nancy Vanatta, Real Estate Agent; Sandie Sillers, Fremont County CPC; Ron Moyer, Real Estate Agent; Alan Cross, Reporter; Keith Hickey, Dan Davis, Fremont County Engineer; Doug Hobbie, Newt Heaton, Bruce Green, Attorney; Steve MacDonald, Fremont County Sheriff; Pat Shull, Jerry Barton, Norma Schaaf, and Tim Shirley. Two bids were opened for Project L-17-36-3 (Box Culvert). The first bid was $128,385.30 from Barton Construction. The second bid was $230,662.70 from Gus Construction. Dan Davis said the estimate on the job was $130,939.90 and suggested the Board accept the low bid of $128,385.30 from Barton Construction. Larson made a motion to accept the low bid, pending calculations. Aistrope, aye; Whipple, aye and Larson, aye. At 10:04 a.m., directly following the bid opening, Dan Davis and Jerry Barton left the boardroom and Aistrope opened the public hearing on sale of Country Acres Care Facility. Ron Moyer presented a bid in the amount of $237,000 from an investor in Council Bluffs. A 40-minute discussion followed. Motion was made by Whipple to close the public hearing. Whipple, aye; Larson, aye; Aistrope, aye. Aistrope said we could entertain a motion on what to do with this issue. Whipple said we have a potential savings of $150,000 a year and that yearly savings more than offsets a one-time price. Based on that I would move to adopt the resolution to sell it to Morse Enterprises or Mary Morse whichever one is listed. Aistrope said we have a motion to adopt Resolution 2005-31 to sell. Larson said that he never felt $225,000 was enough for it to begin with from day one, and said I think if we turn down Mary’s offer and put it out there again I think possibly we would get more money for the facility. If it is that great of a MI facility I think that Mary Morse would give more money for it if she has to compete with somebody else as far as the dollar goes. Aistrope called for a roll call vote on Whipple’s motion. John Whipple, Aye: Chuck Larson, Nay; David Aistrope, Aye. Aistrope said Resolution 2005-31 passed 2-1.

A RESOLUTION APPROVING THE SALE OF REAL PROPERTY COMMONLY KNOWN AS COUNTRY ACRES CARE, CERTAIN PERSONAL PROPERTY LOCATED THEREIN AND A GENERATOR:

WHEREAS, the Fremont County Board of Supervisors had previously received a timely offer by Morse Enterprises to purchase real estate owned by Fremont County, commonly known as Country Acres Care, and legally described as:

A parcel of land located in part of the NW¼ NE¼ and in part of the NE¼ NE¼ of Section 15, Township 68 North, Range 42 West of the 5^th Principal Meridian, Fremont County, Iowa, said parcel being more fully described as follows: Commencing at the North ¼ Corner of said Section 15; thence N90°00'00"E along the North line of said NW¼ NE¼ a distance of 1228.26 feet to the Point of Beginning; thence continuing N90°00'00"E along said North line a distance of 71.08 feet to a point on a curve, concave Southwesterly having a central angle of 25°03'38" and a radius of 345.00 feet; thence Southeasterly along a portion of said curve an arc length of 143.65 feet with a chord bearing and distance of S51°58'17"E, 142.62 feet to the end of said curve; thence S40°02'34"E a distance of 751.48 feet; thence N53°33'06"E a distance of 29.41 feet; thence S36°05'05"E a distance of 201.69 feet; thence N81°54'35"E a distance of 112.83 feet; thence S66°57'15"E a distance of 122.69 feet; thence S08°14'45"W a distance of 397.94 feet; thence S80°13'24"W a distance of 376.28 feet; thence N56°11'19"W a distance of 147.90 feet; thence N0°16'25"E a distance of 201.44 feet; thence N55°54'04"E a distance of 335.29 feet; thence N40°02'34"W a distance of 940.13 feet to the beginning of a curve, concave Southwesterly having a central angel of 25°03'38" and a radius of 315.00 feet; thence Northwesterly along said curve an arc length of 137.78 feet with a chord bearing and distance of N52°34'23"W, 136.68 feet to the end of said curve; thence N65°06'12"W a distance of 57.23 feet to the Point of Beginning. Said parcel contains 5.58 acres, more or less, including presently established county road right-of-way (0.03 ac.), and is subject to easements of record, and the following easements.

An easement 30.00 feet in width located in part of the NE¼ NE¼ of Section 15, Township 68 North, Range 42 West of the 5^th Principal Meridian, Fremont County, Iowa, said easement being 15.00 feet from each side of the following described centerline: Commencing at the Southwest Corner of said NE¼ NE¼; thence N01°01'55"E along the West line of said NE¼ NE¼ a distance of 560.43 feet; thence N90°00'00"E a distance of 46.81 feet; thence S86°16'49"E a distance of 129.96 feet to the Point of Beginning for said easement; thence S82°20'11"E along the centerline of said easement a distance of 523.36 feet to the end of said easement.

and an easement for ingress and egress for the public to reach and maintain the cemetery, to wit:

A parcel of land located in part of the NE¼ NE¼ of Section 15, Township 68 North, Range 42 West of the 5^th Principal Meridian, Fremont County, Iowa, said parcel being more fully described as follows: Commencing at the Southwest corner of said NE¼ NE¼; thence N01°01'55"E along the West line of said NE¼ NE¼ a distance of 560.43 feet; thence N90°00'00"E a distance of 46.81 feet to the point of beginning; thence S86°16'49"E a distance of 129.96 feet; thence S10°52'37"W a distance of 156.12 feet; thence N85°23'59"W a distance of 111.25 feet; thence N03°59'36"E a distance of 153.19 feet to the point of beginning. Said parcel contains 0.43 acres, more or less, and is subject to easements of record.

NOTE: The North line of the NE¼ of said Section 15 is assumed to bear N90°00'00"E for this description.

WHEREAS, this offer includes any and all personal property located at Country Acres Care and owned by Fremont County as of June 30, 2004, excluding, however, all personal property which is the subject of the Fremont County Board of Supervisor’s Resolutions No. 2005-12, No. 2005-13, and No. 2005-14, but including a generator located thereon;

WHEREAS, notice of the proposed sale has, as directed by the Fremont County Board of Supervisors, been duly given in compliance with Iowa Code §331.361(2); and

WHEREAS, a public hearing has been held on the proposed sale at the time and place as specified in said notice and all objections or other comments relating to the proposed sale have been heard;

NOW, THEREFORE, IT IS RESOLVED by the Fremont County Board of Supervisors, as follows:

ATTEST: Roll Call:

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

At 11:20 a.m. Larson made a motion to publish Budget Amendment. Aistrope, aye; Whipple, aye and Larson, aye.

At: 11:30 a.m. Whipple made a motion to adjourn. Aistrope, aye; Whipple, aye and Larson, aye.

The Fremont County Board of Supervisors met in regular session on Thursday, May 26, 2005 in the Fremont County Courthouse, Boardroom, with Aistrope and Whipple present. A quorum was declared and the meeting officially called to order at 9:00 a.m. The agenda was approved as posted.

At 9:07 a.m. Sandie Sillers, Fremont County CPC, met with the Board requesting Chairman Aistrope sign the Cost Report for Case Management. Whipple made a motion that Chairman Aistrope sign the report. Whipple, Aye; Aistrope, Aye.

At 9:30 a.m. Dan Davis, Fremont County Engineer, presented Payment Voucher and Cover Sheet for Project FM-CO36(39)—55-36; Payment Voucher and Cover Sheet for Project FM-CO36(38)—55-36; Payment Voucher for Printing on Cracked Ceiling Project for DOT; Utility Permit for Quest for Americas Best Value Suites at Sapp Brothers Development. Whipple made a motion for Chairman Aistrope to sign the Vouchers, Cover Sheets and Utility Permit. Whipple, Aye; Aistrope, Aye.

At 10:00 a.m. Dan Davis, Mike Batenhorst, Scott Morris, Territory Manager of Ziegler Cat and Chris Larson, Sales Representative of Murphy Tractor & Equipment Co., were present for bid opening on road graders. The Cat net price with trade was $135,718 and John Deere net price with trade was $122,300. Davis said he would like to have a chance to go over these bids. Whipple made a motion to table the bids and have Davis come back at a later date with his recommendation. Aistrope, Aye; Whipple, Aye.

At 10:30 a.m. Ross Silcock met with the Board on behalf of FREDCO in regards to a Hotel/Motel Tax. Silcock said the funds received from the tax would go towards hiring a person, or at least a part-time person, to help promote Fremont County. The FREDCO board feels this would be a way to help sell Fremont County and not be a burden on county residents. There were some questions regarding the cities of Hamburg and Shenandoah being involved and Local Option Tax. Silcock said he would do some more research and get back to the Board.

At 11:00 a.m. Whipple made a motion for Chairman Aistrope to sign the Rural Transit System Joint Participation Agreement with the county contributing $7,000.00 to the operation of this project. Aistrope, Aye; Whipple, Aye.

The Fremont County Board of Supervisors met in regular session on Tuesday, May 31, 2005, in the Fremont County Courthouse, Boardroom with Supervisors Aistrope and Whipple Present. Chuck Larson was absent. 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. County Engineer Dan Davis met with the Board. The following resolutions were approved.

WHEREAS Chapter 306, Section 306.41 of the Code of Iowa, provides for the temporary closing of a highway for construction, reconstruction, maintenance, or natural disaster, and

WHEREAS the Iowa Department of Transportation is commencing work on the Highway 2 bypass along a local County Road (220th Street) in Sidney Township

NOW THEREFORE BE IT RESOLVED by the Fremont County Board of Supervisors that the following section of highway be temporarily closed as necessary until such time as said construction, reconstruction or repair work has been completed

A local road (220th Street) in Sidney Township more particularly described as follows:

Commencing at a point 200 feet west of the North 1/4 corner of Section 10, T68N-R42W of the 5th P.M.,
Fremont County, thence East 1400 feet and terminating.

/s/ Joan Kirk                                                                                                     /s/ David Aistrope, Chairman      aye
Fremont County Auditor                                                                                  /s/ John E. Whipple                       aye
by June Hardy, Asst. Auditor                                                                               Chuck Larson -                         Absent

WHEREAS, the Fremont County Board of Supervisors held a letting for construction projects on May 24, 2005, and

NOW THEREFORE BE IT RESOLVED by the Fremont County Board of Supervisors of Fremont County that the contract be awarded to Barton Construction Company, Inc. for the low bid of $128,335.30. The cost of this project shall be paid from Local Secondary Road funds.
Motion to approve made by Whipple.

Motion was made by Whipple to approve minutes of May 24 and May 26. Aistrope, aye; Whipple, aye.

At 11:04 a.m., there being no further business, motion was made by Whipple to adjourn. Aistrope, aye;
Whipple, aye.