Fremont County Board of Supervisors Minutes

May 2007

May 1, 2007:

The Fremont County Board of Supervisors met in regular session on Tuesday, May 1, 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. Art Claiborne, Veterans Affair Administrator, met with the Board to discuss a Veterans Affairs matching funds grant from the State of Iowa for up to $10,000.00. Claiborne said the grant could be used for training, office supplies, office equipment, additional mileage, transportation, etc. He said he wanted to bring the Board up to date and asked their permission to work on this. Claiborne said he didn’t think he could justify the whole $10,000.00, but thought he might have enough in his current budget for some matching funds. He will put some figures together and get back with the Board for their approval on this project. This grant has to be processed before the 1st of July and will be worked out through next year. Claiborne’s commissioners are requesting his office stay open an additional two office hours each Wednesday afternoon, which will amount to about $2000.00 out of his budget. His commissioners are also requesting all offices have lap top computers. The Board agreed that he should put some figures together and pursue the grant.

At 9:30 a.m. Dan Davis, Fremont County Engineer, met with the Board. Motion was made by Whipple to authorize Chairman Larson to sign a Work in ROW Utility Permit for City of Shenandoah on Airport Road. Whipple, aye; Hendrickson, aye; Larson, aye.

Claims were approved for May 4, 2007.

At 10:15 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

May 3, 2007:

The Fremont County Board of Supervisors met in regular session on Thursday, May 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 6:30 p.m. Minutes of the previous board session were read and approved. The agenda was approved as posted.

There were no visitors present for the meeting.

The Recorder’s report of fees collected for April was approved.

At 7:30 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

May 8, 2007:

The Fremont County Board of Supervisors met in regular session on Tuesday, May 8, 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. Ryan Funke, Conservation Director, met with the Board requesting a budget amendment for chemicals, parts, fuels, miscellaneous repair and maintenance. Funke said he has the money in his fund, but needs to amend to put it in his budget. Motion was made by Whipple to include Funke’s request in the budget amendment. Hendrickson, aye; Whipple, aye; Larson, aye.

At 9:30 a.m. Dan Davis, Fremont County Engineer, met with the Board. Motion was made by Whipple to authorize Chairman Larson to sign utility permit for overhead construction with MidAmerican Energy at The Wilds RV Development. Hendrickson, aye; Whipple, aye.

Motion was made by Whipple to sign agreement with DOT to accept south end lighting of Sidney Bypass. Hendrickson, aye; Whipple, aye; Larson, aye.

Motion was made by Whipple to sign utility permit for Extreme Trenching for Qwest telephone service line at 4035 190th Street.

At 9:45 a.m. motion was made by Hendrickson to approve the following Resolution 2007-30. Whipple, aye; Hendrickson, aye; Larson, aye.

RESOLUTION NO. 2007-30

BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF Fremont, Iowa

That the Board of Supervisors of the County of Fremont, Iowa hereby make the following resolution.

WHEREAS, a resolution has been passed and adopted entitled "Resolution Approving and Authorizing the Execution of a Certain Joint Exercise of Powers Agreement for the Purpose of Creating a Multi-County Housing Authority."

NOW, THEREFORE, Pursuant to the provision of Chapter 28E, Code of Iowa, and by virtue of our office as Supervisors, we hereby appoint Sandie Sillers for three years, as the one (1) person to serve as Commissioner of the Southern Iowa Regional Housing Authority, representing the County of Fremont, Iowa, and to serve for the number of years appearing after his name, respectively, from the ninth day of April, 2007.

IN WITHNESS WHEREOF, I have hereunto signed my name as Chairman of the Board of Supervisors of the County of Fremont, Iowa and caused the official corporate seal of said County of Fremont, Iowa to be attached hereto this 8th day of May, 2007.

ATTEST:

/s/ Joan Kirk                                                                                                             /s/ Chuck Larson
Clerk                                                                                                                              Chairman of the Board of Supervisors

At 10:00 a.m. the Board set a public hearing date of June 7, 2007 for the Comprehensive Plan.

At 10:30 a.m. motion was made by Whipple to approve the Fremont County Recorder’s request for a budget amendment. In a letter to the Board, Henkle stated the increase of funds would come from record’s management fund and not from county funds. Hendrickson, aye; Whipple, aye; Larson, aye.

At 10:45 a.m. Joan Kirk, Fremont County Auditor, met with the Board requesting a budget amendment to pay Sidwell Mapping Company. The reason for the amendment is unforeseen changes in Fremont County real estate. Motion was made by Whipple to approve the Auditor’s request for a budget amendment. Hendrickson, aye; Whipple, aye; Larson, aye.

The following claim was approved for a handwritten warrant. Secondary Road Fund: Alliance Gas Company, Fuel, $18,400.27.

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

Payroll was approved for May 11, 2007.

At 11:00 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

May 10, 2007:

At 8:30 a.m. on Thursday, May 10, 2007, a department head meeting was held in the Fremont County Courthouse Boardroom. Present were Chuck Larson, John E. Whipple, Earl Hendrickson, Dan Davis, Art Claiborne, Karen Berry, Margaret Gregory, Steve Whitehead, Margaret Henkle, Arnold Emberton and Joan Kirk. Topics discussed were: Grant Papers for Veterans Affairs; Water Seepage in the Basement of the Courthouse; Flood Assistance, Emergency Management Information on the County’s Website and an Update on Fremont County Attorney’s Office.

The Fremont County Board of Supervisors met in regular session on Thursday, May 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. motion was made by Hendrickson to table the Resolution to increase 06/07 County Attorney’s Office Budget until Thursday, May 17, 2007, to see where her budget stands at that time. Whipple, aye; Hendrickson, aye; Larson, aye. Also present were Larry Whitehead, Patricia Rengifo, Red Haun and Dan Davis.

At 9:15 a.m. Fremont County Engineer Dan Davis and Mike Mayne with Neilsen Mayne Architecture Incorporated met with the Board requesting approval to start taking fuel system bids. Mayne said he would like permission to move forward with the fuel system bidding process, and would answer any questions the Board may have regarding a new fuel system. After doing a two and a half month analysis of fuel usage, it was determined a 20,000-gallon tank would be ample. Mayne also said the proposed fuel system is capable of running from the Emergency Management’s generator that is soon to be installed. Also present were Mike Batenhorst, Larry Whitehead, Patricia Rengifo, Harold Dinsmore and Red Haun. Hendrickson made a motion to table until May 17, 2007. Whipple, aye; Hendrickson, aye; Larson, aye.

Motion was made by Whipple to authorize Chairman Larson to sign a contract and bonds for seal-coat project FM-CO36(43)—55-36. Hendrickson, aye; Whipple, aye; Larson, aye.

At 9:50 a.m. Bobbie Mather met with the Board regarding the condition of the road and drainage ditch that runs by his house. Mather would like to get potholes fixed and the drainage ditch cleaned out. A neighbor removed some trees along the bank, causing the soil to loosen up and wash down into the drainage ditch. Davis said he would talk to the neighbor to see if they can get something worked out. Also present were Dan Davis, Red Haun, Harold Snyder and Patricia Rengifo.

At 10:00 a.m. Fremont County Sheriff Steve MacDonald met with the Board regarding the poor condition of the roof at the impound lot. Also present were Kevin Aistrope, Patricia Rengifo and Red Haun. The Sheriff presented five bids for a new roof. The bids were in a range from $6,327 to $13,000. Hendrickson made a motion to award the project to the low bidder, D.W. Construction of Pacific Junction. Whipple, aye; Hendrickson, aye; Larson, aye.

Due to the urgency of the matter in trying to get Federal Disaster Funds, the Board signed a Local Disaster Declaration.

At 10:15 a.m. motion was made by Whipple to authorize the chairman to sign application form for County Grant Program for Veterans. Hendrickson, aye; Whipple, aye; Larson, aye.

At 10:25 a.m. Assessor Karen Berry visited with the Board.

At 11:10 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

May 15, 2007:

The Fremont County Board of Supervisors met in regular session on Tuesday, May 15, 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. Sandie Sillers, Fremont County CPC/Community Services Director, met with the Board requesting approval of Form 470-3040 confirming her affiliation with community mental health center. Motion was made by Hendrickson to approve and sign Form 470-3040. Whipple, aye; Hendrickson, aye; Larson, aye.

At 9:15 a.m. Pat Sheldon stopped in to visit with the Board regarding a levee that is causing some potential problems. Also present was Patricia Rengifo with The Hamburg Reporter.

At 9:30 a.m. motion was made by Whipple to table the resolution regarding the proposed solid waste project until they have answers to a couple of questions. Hendrickson, aye; Whipple, aye; Larson, aye.

At 9:45 a.m. Fremont County Engineer Dan Davis met with the Board requesting approval of work in right-of-way permit for Jess Ware for replacing waterline. Motion was made by Hendrickson to approve the Work in ROW Permit. Hendrickson, aye; Whipple, aye; Larson, aye. Also present was Arnold Emberton, Patricia Rengifo and Jesse McIntyre.

At 9:50 a.m. Jesse McIntyre visited with the Board regarding a road ditch that needs to be cleaned out.

At 10:00 a.m. Katrina Gude met with the Board regarding flooding of roadway at 2891 308th Street. Also present were Arnold Emberton, Patricia Rengifo and Dan Davis. She is asking for an investigation on the river drainage east of Hamburg. She said the road acts as a dam and won’t let water out. Whipple said it could be helpful if she sent pictures and documentation to the DOT. Davis said if Gude would give him her information, he would get in touch with the DOT. Gude understands that the county would have to deal with FEMA regarding the rural areas, and she is requesting the county’s support in a buy-out situation. She and her husband would like to move to higher ground on their current property. The Board suggested she also get in contact with Representative Richard Anderson and Senator Hubert Houser, and possibly the NRCS may be of some help.

Claims were approved for May 18, 2007 .

At 11:00 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

May 17, 2007:

The Fremont County Board of Supervisors met in regular session on Thursday, May 17, 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 met with the Board and gave an update on FREDCO. Also present were Lynda Cruickshank and John Walter.

At 9:30 a.m. Fremont County Attorney Margaret Gregory met with the Board regarding increasing her 06/07 budget. She stated that she now thought she could get by with her budget and would not need to amend.

At 9:45 a.m. Fremont County Sheriff Steve MacDonald met with the Board regarding the purchase of a vehicle for the Sheriff’s Department. He stated that he has enough money in his budget for this. Discussion was held and motion made by Hendrickson to approve the purchase of a vehicle. Whipple, aye; Hendrickson, aye; Larson, aye.

At 10:00 a.m. motion was made by Hendrickson to authorize Chairman Larson to sign a Certificate of Purchase at Tax Sale assigned to Gary and Judy Farwell. Whipple, aye; Hendrickson, aye; Larson, aye.

Hendrickson left the meeting at 10:05 a.m.

At 10:15 a.m. motion was made by Whipple to authorize Chairman Larson to sign Iowa Department of Human Services Intergovernmental Contract between DHS and Fremont County. Whipple, aye; Larson, aye.

At 10:30 a.m. Pat Sheldon met with the Board regarding Benton-Washington Levee District. He presented a letter to the Board concerning a levee that is causing some potential problems. Motion was made by Whipple to refer the letter to the County Attorney for any further action. Whipple, aye; Larson, aye.

At 10:45 a.m. motion was made by Whipple to approve a resolution ordering the Treasurer to suspend taxes pursuant to Iowa Code Section 427.9 in regards to a notification received from the Department of Human Services. Whipple, aye; Larson, aye.

At 10:50 a.m., there being no further business, motion was made by Whipple to adjourn. Whipple, aye; Larson, aye.

ATTEST:

Fremont County Auditor                                                                                         Chuck Larson, Chairman

May 22, 2007:

The Fremont County Board of Supervisors met in regular session on Tuesday, May 22, 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 Hendrickson was not present for this meeting.

At 9:00 a.m. Dan Davis, Fremont County Engineer, met with the Board. Motion was made by Whipple to authorize Chairman Larson to sign a Work in ROW Permit for Green Plains Renewable Energy to construct a gate for control of chemical containment on box culvert. Whipple, aye; Larson, aye.

Whipple made a motion to put the fuel system out for bids. Whipple, aye; Larson, aye.

Motion was made by Whipple to authorize Chairman Larson to sign IDOT payment vouchers: 1) Project FM-CO36(44)—55-36. 2) Project FM-CO36(45)—55-36. Whipple, aye; Larson, aye.

At 9:10 a.m. motion was made by Whipple to approve the budget amendment for publication. Whipple, aye; Larson, aye.

At 9:15 a.m. Murl and Shirley Dovel met with the Board regarding a dike that runs next to his property. Dovel is trying to find a way to get to his field without going through his neighbor’s land. He said if he knew who owns the dike maybe he could get permission to use it to get to his field. He said he would build a ramp to his field at his expense. Whipple suggested he check with the Corps of Engineers to see if they have a map that would show who owns it. Dan Davis was also present. Dovel said he would report his findings back to the Board.

The following claim was approved for a handwritten warrant. General Basic Fund: Fremont County Treasurer, Fund 60000, $4,285.48.

In other business, payroll for May 25, 2007 was approved.

At 10:43 a.m., there being no further business, Whipple made a motion to adjourn. Whipple, aye; Larson, aye.

ATTEST:

Fremont County Auditor                                                                                 Chuck Larson, Chairman

May 24, 2007:

The Fremont County Board of Supervisors met in regular session on Thursday, May 24, 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. Sandie Sillers, Fremont County CPC/Community Services Director, met with the Board. Motion was made by Hendrickson to authorize Vice-Chairman Whipple to sign Projected Cost Report for Case Management for 2008-2009. Hendrickson, aye; Whipple, aye.

Sillers gave the Board a brief update of rules for legal settlement/residency.

Sillers said eleven counties, with Fremont being one of them, received a letter from James D. Overland, Chief MHDS Bureau of Community Services, regarding submission of client data.

At 9:34 a.m. S. C. Haun, Emergency Management Coordinator, gave the Board a copy of a Multi-Jurisdictional Mutual Aid Agreement between Fremont County and Atchison County. Also present was Fremont County Sheriff Steve MacDonald. Haun said he gave a copy to the Fremont County Attorney and she has sent it to the Attorney General’s Office. Haun said there would be changes that need to be made to it. The County Attorney will re-work it and send it to Atchison County for their approval. The agreement will have to be approved by the Attorney General and FEMA.

At 9:52 a.m. Hendrickson made a motion to authorize Vice-Chairman Whipple to sign Rural Transit System Joint Participation Agreement for fiscal year 2008. Hendrickson, aye; Whipple, aye.

At 9:55 a.m. Ross Silcock stopped in to visit with the Board.

At 10:00 a.m. Fremont County Engineer Dan Davis met with the Board. Hendrickson made a motion to authorize Vice-Chairman Whipple to sign utility permit for Qwest for service line from Highway 59 to 1600 Airport Road for Eaton Corporation. Whipple, aye; Hendrickson, aye.

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

ATTEST:

Fremont County Auditor                                                                             Chuck Larson, Chairman

May 29, 2007:

The Fremont County Board of Supervisors met in regular session on Tuesday, May 29, 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. Dean Moody with Ideal Insurance met with the Board regarding damage to the retaining wall. Also present was Steve Whitehead. Moody will file a claim with ICAP and report back to the Board.

At 9:25 a.m. Margaret Gregory, Fremont County Attorney, stopped in to visit with the Board.

The following claim was approved for a handwritten warrant. Special Law Enforcement Fund: Fremont County Sheriff, $1,500.00.

At 10:10 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

May 31, 2007:

The Fremont County Board of Supervisors met in regular session on Thursday, May 31, 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 the entire meeting.

Present were James Baylor, Lynda Cruickshank, Tom Lorimor and Jeff Johnson.

At 9:00 a.m. Lynda Cruickshank with Waddell Reed Financial, met with the Board regarding a 457 Retirement Benefit Plan. She has had a couple of county employees interested in Waddell Reed’s plan. The county currently offers a benefit plan with two other companies. Larson said he would inquire to see how much interest there would be in offering another company. Also present were James Baylor, Tom Lorimor and Jeff Johnson.

At 9:20 a.m. Tom Lorimor visited with the Board about some rumble strips at the intersection of J32 and L68. Lorimor said the first strip is directly in front of the house where Jeff Johnson lives. Instead of having it right at the residence, he was wondering if it could be a little further up the hill to the east. The Board will discuss this with the Fremont County Engineer. Also present was Jeff Johnson.

At 9:30 a.m. the Board discussed a letter from Iowa Department of Economic Development informing them that the Enterprise Zone will cease to be in effect after 10/23/2007 unless extended. Whipple made a motion to start the renewal process to extend it for another ten years. Hendrickson, aye; Whipple, aye; Larson, aye.

10:00 a.m. - The Board, as trustees for Hamburg ReLevy drainage, received a written request from Glen Stenzel for an assessment of $5658.00 from Hamburg Re-Levy to Hamburg Pumping Facility for additional expenses due to the recent flooding. Hendrickson made a motion to approve the assessment. Whipple, aye; Hendrickson, aye; Larson, aye.

At 10:15 a.m. Whipple made a motion to sign a payment voucher to receive a grant for medical examiner training for Dr. Choate. Hendrickson, aye; Whipple, aye; Larson, aye.

At 10:30 a.m. Mark Simmons with Valley Farms met with the Board regarding levee damage in Johnson Run Drainage District. Simmons said that because of the recent flooding about 80’ was taken off Johnson Run Levee and about that much off the river levee. Whipple said the Board would have to get in touch with Page County to see how much money is in that fund and they would drive out and take a look at the damage. Larson suggested he also get in touch with S.C. (Red) Haun, Fremont County’s Emergency Management Coordinator, to possibly talk to FEMA people in the area.

At 10:45 a.m. Whipple made a motion to approve the following Resolutions No. 2007-32 and 2007-33. Hendrickson, aye; Whipple, aye, Larson, aye.

RESOLUTION NO. 2007-32

RESOLUTION ABATING TAXES AND CANCELLING TAX SALE CERTIFICATE ON LAND OWNED BY THE CITY OF TABOR

WHEREAS, the City of Tabor now owns certain property in Tabor, Fremont County, Iowa

Parcel No. 480480281000000 508 Main described as:

Lot 60 Rosedale Addition, City of Tabor, in Fremont County, Iowa, according to the recorded plat thereof.

WHEREAS, the property is now owned by the City of Tabor and therefore should not be on the tax rolls according to section 427.1(2), Code of Iowa.

IT IS HEREBY RESOLVED that the above described property shall be listed as exempt on the tax list of the Fremont County Auditor. Further, all current and delinquent property taxes are abated under Iowa Code Sections 445.63. This includes taxes payable in the 2006/2007 fiscal year and until the City of Tabor is no longer owner of this property.

BE IT FURTHER resolved that the Auditor and Treasurer shall enter such change orders required to abate these taxes.

WHEREAS, the City of Tabor is now the owner of the above described parcel and therefore the County Tax Sale certificate # 2006-00316 currently held by the county should be cancelled.

Dated the 31st day of May, 2007.

Motion made by Whipple to approve resolution.

ATTEST:

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

RESOLUTION NO. 2007-33

RESOLUTION ABATING TAXES AND CANCELLING TAX SALE CERTIFICATE ON LAND OWNED BY THE CITY OF TABOR

WHEREAS, the City of Tabor now owns certain property in Tabor, Fremont County, Iowa

Parcel No. 480480280000000 506 Main described as:

Lot 59 Rosedale Addition, City of Tabor, in Fremont County, Iowa, according to the recorded plat thereof.

WHEREAS, the property is now owned by the City of Tabor and therefore should not be on the tax rolls according to section 427.1(2), Code of Iowa.

IT IS HEREBY RESOLVED that the above described property shall be listed as exempt on the tax list of the Fremont County Auditor. Further, all current and delinquent property taxes are abated under Iowa Code Sections 445.63. This includes taxes payable in the 2006/2007 fiscal year and until the City of Tabor is no longer owner of this property.

BE IT FURTHER resolved that the Auditor and Treasurer shall enter such change orders required to abate these taxes.

WHEREAS, the City of Tabor is now the owner of the above described parcel and therefore the County Tax Sale certificate # 2006-00315 currently held by the county should be cancelled.

Dated the 31st day of May, 2007.

Motion made by Whipple to approve resolution.

ATTEST:

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

At 11:00 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

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