Board of Supervisors Minutes
May 2016

May 3, 2016:

The Fremont County Board of Supervisors met in regular session on Tuesday, May 3, 2016, in the Fremont County Courthouse Boardroom, with Hendrickson and Hickey 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 Cara Morgan was not present for this meeting.   

Dan Davis, Engineer, met with the board requesting the following be approved: 

Motion was made by Hendrickson to sign work in ROW Permit for R & S Farm to clean ditch on 240th St. & M-16 in section 13-68-41.  Motion carried unanimously.  

Judy Crain, Treasurer, met with the board requesting a tax abatement on property located along Highway 59.  Crain said there was a mobile home on the property that has been moved at some point in time with taxes owing for years 10/11 and 11/12. Crain feels the mobile home taxes are not collectable and is requesting them to be abated.  Motion was made by Hickey to abate the taxes on the mobile home.  Motion carried unanimously.  

RESOLUTION NO. 2016-22

Resolution Abating Taxes on Deleted Parcel #040040164010000.

WHEREAS, THE Assessor deleted parcel #040040164010000 making taxes due from 2010/2011 and 2011/2012 uncollectable.

IT IS HEREBY RESOLVED that the above described property has been deleted from the tax list of the Fremont County Auditor.  Further, all current and delinquent real property taxes totaling $3,702.00 are abated under Iowa Code Section 445.63.

BE IT FURTHER RESOLVED THAT THE Auditor and Treasurer shall enter such change orders required to abate these taxes.

Dated this 3rd day of May, 2016.

Hickey motioned to abate motioned carried.
 

Mike Crecelius, EMC, met with the board to discuss the PDM Grant project and gave the board an update on the Hazardous Mitigation Plan.  Crecelius said the plan should be done by October 2017 and a kickoff is planned for May 17th with city officials and school superintendents invited.   

Dustin Nebel and Troy Housh stopped in to visit with the board regarding gutter repairs.   

At 10:00 a.m. Hickey made a motion to go into Public Hearing to discuss/approve Assignment of Certificate of Purchase at Tax Sale.  Hickey, aye; Hendrickson, aye.  With no one from the public present, and hearing no negative comments.  At 10:03 a.m. Hickey made a motion to come out of Public Hearing.  Hickey, aye; Hendrickson, aye.  Motion was made by Hickey to approve the following Resolutions regarding the Certificate of Purchase at Tax Sale.  Hickey, aye; Hendrickson, aye.   

RESOLUTION NO. 2016-20

RESOLUTION APPROVING THE ASSIGNMENT OF CERTIFICATE OF PURCHASE AT TAX SALE TO THE FOLLOWING:

WHEREAS, Joe Nebel, 2037 Manti Rd., Shenandoah, IA 51601, is desirous of obtaining a certificates of tax sale purchase for $1,197.00 for the following: 

Parcel Number 440440015000000, Tax Sale Certificate number 2015-312 – E93’ LTS 10 & 11, 440440017000000, Tax Sale Certificate number 2015-313– E 65’ LT 12, 440440053000000, Tax Sale Certificate number 2014-313– LOTS 1 & 2, and 440440096000000, Tax Sale Certificate number 2004-513 – LOTS 1 – 3 INC LEWIS ADD, IMOGENE, 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 3rd of May, 2016 and,   

WHEREAS, the transfer of said certificate of tax purchase to Joe Nebel, 2037 Manti Rd. Shenandoah, IA 51601, is in the better interest of the County and is in the better interest of Joe Nebel, Shenandoah, Iowa, 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 3rd, day of May, 2016.   
 

RESOLUTION No. 2016-21

ASSIGNMENT OF CERTIFICATE OF TAX SALE PURCHASE

Fremont County does hereby transfer the certificates of tax sale purchase regarding the described real estate to Joe Nebel, 2037 Manti Rd. Shenandoah, IA 51601 as follows:

Parcel Numbers 440440015000000, Tax Sale Certificate 2015-312 -  E93’ LTS 10 & 11, 440440017000000, Tax Sale Certificate 2015-313  – E 65’ LT 12, 440440053000000, Tax Sale Certificate 2014-313    LOTS 1 & 2 and 440440096000000 Tax Sale Certificate 2004-513– LOTS – 1-3 INC LEWIS ADD, all in the original town of Imogene, Fremont County, Iowa.       

The county shall endorse the tax sale certificates as necessary to complete this assignment upon receipt of payment of $1,197.00.

Dated this 3rd day of May, 2016.

ATTEST:

/s/ Joan Kirk                                                                             /s/ Earl Hendrickson               
Fremont County Auditor                                                                Vice Chairman

STATE OF IOWA, FREMONT COUNTY SS:

On this 3rd day of May, 2016, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Earl Hendrickson, 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/ Christine Briley 
Notary Public in and for the State of Iowa 

At 10:15 a.m. there being no further business, Hickey made a motion to adjourn.  Motion carried unanimously. 

ATTEST:

Fremont County Auditor                                                                            Earl Hendrickson, Vice Chairman

May 10, 2016:

The Fremont County Board of Supervisors met in regular session on Tuesday, May 10, 2016, in the Fremont County Courthouse Boardroom, with Morgan, Hendrickson and Hickey 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 present for this meeting was, Sandra Parmenter with The Hamburg Reporter.  

Corey Becker, Attorney, met with the board requesting approval of the following Resolution 2016-26.  Motion was made by Hickey to approve the following Resolution.  Also present were Mike Crecelius and Nina Embree.  Motion carried unanimously.  

RESOLUTION 2016-26

RESOLUTION APPROVING 28E AGREEMENT FOR MULTICOUNTY COLLECTION OF DELINQUENT COURT OBLIGATIONS

WHEREAS, Fremont County, through the Fremont County Attorney’s Office, lacks the individual resources to collect delinquent court obligations by itself, the entering into of a 28E agreement with Ringgold County, Taylor County, and Adams County for the collection of delinquent court obligations benefits all those involved by utilizing coordinated collection efforts to satisfy statutory obligations associated with the collection of delinquent court obligations;

BE IT RESOLVED BY THE FREMONT COUNTY BOARD OF SUPERVISORS that the 28E agreement between Fremont County, Ringold County, Taylor County, and Adams County is approved by this board. The chairperson of the Fremont County Board of Supervisors shall execute the agreement by signing the agreement.

DATED this 10th day of May, 2016.
 

Let the records show Tom Eden did not come to this meeting. 

Dan Davis, Engineer, met with the board for discussion/approval of the following items:
 

a.) Discuss contracts for Project #STP-S-CO36(70) - - 5E-36 & pavement markings project #FM-CO36(72) - - 55-36. 

b.) Motion was made by Hickey to sign resolutions and contracts for Project #STP-S-CO36(70)--5E-36 & pavement markings project #FM-CO36(72)--55-36.  Motion carried unanimously. 

RESOLUTION NO. 2016-23

RESOLUTION TO ACCEPT LOW BID AND AWARD CONSTRUCTION CONTRACT

WHEREAS, the Fremont county Secondary Roads Department held a letting for construction projects on April 19, 2016, and WHEREAS, three (3) bids were received for HMA RESURFACING/COLD IN-PLACE RECYCLING of J18, Project STP-S-CO36(70)--5E-36,

NOW THEREFORE BE IT RESOLVED by the Board of Supervisors of Fremont County that the contract be awarded to WESTERN ENGINEERING CO., INC OF HARLAN IOWA for the low bid of $1,237,405.21.  The cost of this project shall be paid Federal Aid Funds.

Motion to approve made by Hickey.

Approved this 10th day of May, 2016.
 

RESOLUTION NO. 2016-24

RESOLUTION TO ACCEPT LOW BID AND AWARD CONSTRUCTION CONTRACT

WHEREAS, the Fremont county Secondary Roads Department held a letting for construction projects on April 19, 2016, and WHEREAS, four (4) bids were received for PAVEMENT MARKING of VARIOUS ROUTES, Project FM-CO36(72)--55-36,

NOW THEREFORE BE IT RESOLVED by the Board of Supervisors of Fremont County that the contract be awarded to VOGEL TRAFFIC SERVICES, INC. OF ORANGE CITY, IA, for the low bid of $65,070.35.  The cost of this project shall be paid Farm to Market Funds.

Motion to approve made by Hickey.

Approved this 10th day of May, 2016.
 

c.) Motion was made by Hendrickson to sign resolution for salary changes for Supervisory and Non-Union personnel.  Motion carried unanimously. 

RESOLUTION 2016-25

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 2016, for the supervisory and non-union personnel in the Secondary Road Department.

MAINTENANCE SUPERINTENDENT: $22.47 per hour salary
ADMINISTRATIVE ASSISTANT: $18.95 per hour salary
ASSISTANT TO ENGINEER (Chad H.): $20.80 per hour salary
ASSISTANT TO ENGINEER (Robbie K.): $24.76 per hour salary
ENGINEER: $88,395.00 salary

Motion is hereby made by Hendrickson to adopt this resolution.

Dated this 10th day of May, 2016.
 

d.) Motion was made by Hendrickson to sign utility permit for Windstream Iowa Communications, Inc. to bore 50’ of SEB 2x22 across Waubonsie Ave. near 28074 Waubonsie Ave. Motion carried unanimously. 

e.) Motion was made by Hendrickson to sign Work in ROW permit for Bill Dreyer to Cross Road East of Farragut 1 mile south with a tile line.  Motion carried unanimously. 

Motion was made by Hendrickson to approve a Class C Native Wine, Outdoor Service, and Sunday Sales Liquor License for Sugar Clay Winery & Vineyard.  Motion carried unanimously. 

Mike Crecelius, EMC, met with the board requesting approval of a Southwest Iowa Planning Council Contractual Agreement between Southwest Iowa Planning Council and Fremont County regarding a Local Hazard Mitigation Plan Project.  Hickey made a motion to approve the agreement.  Motion carried unanimously.  

Motion was made by Hendrickson to approve a Class C Outdoor Service Temporary Liquor License, subject to the owners getting all approved documentation, for Backpocket Brewing LLC (RAGBRAI).  Motion carried unanimously. 

In other business, claims were approved for May 13, 2016.  

At 9:55 a.m. there being no further business, Hendrickson made a motion to adjourn.  Motion carried unanimously.    

ATTEST:

Fremont County Auditor                                                                                Cara Morgan, Chairman

May 17, 2016:

The Fremont County Board of Supervisors met in regular session on Tuesday, May 17, 2016, in the Fremont County Courthouse Boardroom, with Morgan 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 Randy Hickey was not present for this meeting. 

Mike Crecelius, EMC, met with the board to discuss his 2015/2016 budget. 

Robbie Kromminga, Assistant Engineer, met with the board requesting approval of the following: 

(a)  Motion was made by Hendrickson approving utility permit for Windstream Communications to replace 50’ cable across 167th St. & Hwy 275 in Sec 3-69-42.  Motion carried unanimously. 

(b)  Motion was made by Hendrickson approving payment voucher for HGM Associates for Engineering Services for Bridge Replacement, J-22/150th St bridge over W Nishnabotna per Agreement for 4/1/16 – 04/30/16.  Motion carried unanimously. 

(c)  Motion was made by Hendrickson approving payment voucher for HGM Associates for J-18 Construction Services US 275 to L-68 per Agreement 3/1/16 – 4/30/16.  Motion carried unanimously. 

(d)  Motion was made by Hendrickson approving payment voucher for HGM Associates for Engineering Services for J-18 from L-68 to M-16 per Agreement 10/27/16 – 4/30/16. Motion carried unanimously. 

Tom Eden met with the board to discuss issues with the 2011 flooding and his property, saying he did not receive assistance from any government and feels he should have.  He felt money was passed around, and he should have gotten some of it.  Eden also said his taxes should have been reduced during that time.  Morgan gave Eden SWIPCO’s number because they were in charge of destroying houses at the request of the property owners.  Also present was Robbie Kromminga. 

In other business the Recorder’s Report for the month of April, 2016 and the Sheriff’s Report for the month of April, 2016 were approved. 

At 10:05 a.m. there being no further business, Hendrickson made a motion to adjourn.  Motion carried unanimously. 

ATTEST:

 Fremont County Auditor                                                                                Cara Morgan, Chairman

May 24, 2016:

The Fremont County Board of Supervisors met in regular session on Tuesday, May 24, 2016, in the Fremont County Courthouse Boardroom, with Morgan and Hickey 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.  Present for this meeting was Sandra Parmenter with The Hamburg Reporter and Kaycee Koranda with B103 Radio. 

Dan Davis, Engineer, met with the board requesting approval of the following:

a.) Motion was made by Hickey to sign contract & bonds with Western Engineering for Project #STP-S-CO36(70) - - 5E-36.  Motion carried unanimously.

b.) Motion was made by Hickey to sign contract & bonds with Vogel Traffic Services for pavement markings.  Motion carried unanimously.

c.) Motion was made by Hickey to sign the following Resolution 2016-28.  Motion carried unanimously.

RESOLUTION 2016-28

RESOLUTION FOR ROAD VACATION PUBLIC HEARING

WHEREAS, a request has been filed with the County Engineer asking that action be taken to vacate and close a section of Fremont County Secondary Road, described as follows:

All that Part of 187th Street lying west of the east line of section 18 and lying east of the west line of the SE1/4 in said section 18, all located in township 69 north, range 43 west of the 5th principal meridian, Fremont County, Iowa.  See Exhibit A.

All that part of 185th Avenue lying north of the south line of the new levee right of way and south of the north line of the SW1/4 SE1/4 of said section 18, all in township 69 north, range 43 west of the 5th principal meridian, Fremont County, Iowa.  See Exhibit A.

NOW, THEREFORE BE IT RESOLVED that a hearing on the proposed vacation will be held in the Board Room, Fremont County Courthouse, Sidney, Iowa 51652, at 9:00 A.M. on May 31st, 2016 in accordance with Iowa Code Chapter 306.

Motion made by Hickey.

Approved this 24th day of May, 2016.
 

Mike Crecelius, EMC, met with the board to discuss his budget.  Crecelius said his commission allowed him to receive $60,973 as a 2015/2016 county contribution toward his budget, but he only received $49,300.  Morgan said she called the state auditor’s office and they told her the county could probably run over in that line item.  Kirk said she agreed with the state auditor’s office, they could run over, but could not run over in the fund.  Kirk said this is a repeated problem with EMC and they will have the same problem with the 2016/2017 budget, she feels there should be better communication between the board and her office so it does not happen again.  Kirk will check that fund to make sure it will not have a negative balance, if it does they will have to consider something else.  Hickey made a motion to correct the shortage.  Motion carried unanimously. 

Lonnie Mayberry, met with the board requesting approval of a set-back variance for two of Parks Finishing Facilities.  Mayberry said the county’s set-back requirement is 75 feet while the DNR requires 100 feet set-back.  Mayberry said he needed the county to approve the variance.  Motion was made by Hickey to approve the variance.  Motion carried unanimously.    

Motion was made by Hickey to approve the following Resolution 2016-27. 

RESOLUTION NO.  2016-27

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 24th day of May, 2016, that the following transfer of funds be approved and made:  $7,623.13 from the TIF Rebate Fund, to the LMI Assistance Fund, as stated in the Waubonsie Ridge Agreement.

Motion to approve transfer made by Hickey.
 

In other business, claims were approved for May 27, 2016.   

At 9:45 a.m. there being no further business, Hickey made a motion to adjourn.  Motion carried unanimously. 

ATTEST:

Fremont County Auditor                                                                                Cara Morgan, Chairman

May 31, 2016:

The Fremont County Board of Supervisors met in regular session on Tuesday, May 31, 2016, in the Fremont County Courthouse Boardroom, with Morgan, Hendrickson and Hickey 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 present for this meeting was Sandra Parmenter with The Hamburg Reporter.    

At 9:00 a.m. Hendrickson made a motion to go into Public Hearing to discuss/approve road vacation for 2 sites:  Part of 187th St. in Sec 18-69N-43; Part of 185^th Ave in Sec 18-69-43W.  Hickey, aye; Morgan, aye; Hendrickson, aye.  Also present were Dan Davis, Steve Adkins, Carol Mangus, Jeff Porter and Bob Geiger.  Dan Davis, Engineer, said he has received a written petition from three property owners requesting vacation of the road.  With no one from the public objecting to the Road Vacation and hearing no negative comments.  At 9:05 a.m. Hendrickson made a motion to come out of Public Hearing.  Hickey, aye; Morgan, aye; Hendrickson.  Motion was made by Hendrickson to approve the following Resolution approving the road vacation.  Hickey, aye; Morgan, aye; Hendrickson, aye. 

RESOLUTION FOR ROAD VACATION PUBLIC HEARING

Fremont County Resolution No. 2016-29

WHEREAS, This being the date and time set for the hearing on the proposed vacation and closure of a portion of Fremont County secondary Road, described as follows:  All that Part of 187th Street lying west of the east line of section 18 and lying east of the west line of the SE1/4 in said section 18, all located in township 69 north, range 43 west of the 5th principal meridian, Fremont County, Iowa.  See Exhibit A.

WHEREAS, No objections have been received, either in writing or by persons present.

NOW, THEREFORE BE IT RESOLVED by the Fremont County Board of Supervisors that the subject section of road be ordered vacated and closed.  All that part of 185th Avenue lying north of the south line of the new levee right of way and south of the north line of the SW1/4 SE1/4 of said section 18, all in township 69 north, range 43 west of the 5th principal meridian, Fremont County, Iowa.  See Exhibit A.

WHEREAS, No objections have been received, either in writing or by persons present.

NOW THEREFORE BE IT RESOLVED by the Fremont County Board of Supervisors that the section of roadway from the SE1/4 of Section 18, T69N, R43W and the section of roadway south of the north line of SW1/4 SE1/4 of section 18, T69N, R43W be ordered vacated and closed.

Motion made by Hendrickson.

Approved this 31st day of May, 2016.
 

Dan Davis, Engineer, met with the board requesting approval of the following:

a.)      Motion was made by Hickey to approve Work in ROW Permit for Dean Mount for removal of field entrance driveway & tube on 240th St. 1840’E of 350th Ave.  Motion carried unanimously.

b.)      Motion was made by Hendrickson to sign corrected J-34 cover sheet on Project #FM-CO36(73) - - 55-36.  Motion carried unanimously.

c.)      Motion was made by Hickey to sign a contract with HGM for Concept Development for J-24, North Intersection with L-44 to US Hwy 275.  Motion carried unanimously.

d.)      Motion was made by Hickey to sign a Resolution to allow the Engineer, Dan Davis, to sign for Federal and State Construction Projects.  Motion carried unanimously.   

Let the records show Steve Adkins visited with the board about water running over the road.   

Carol Mangus met with the board to discuss the possibility of a county wide ambulance service for Fremont County.  Mangus recalled her experience with her husband having a series of heart attacks.  Mangus said the first two times she transported him to a medical facility herself.  The facility made her promise she would no longer do that saying she should call for an ambulance to transport him.  The third heart attack she called 911 and with no ambulance response, after thirty minutes Glenwood was called and they were a half an hour out.  When Glenwood arrived they said “he has been waiting too long”, and they contacted Life Flight.  Mangus said she was told this is not the first time an ambulance has not responded when called.  Mangus said she is in the boardroom to advocate for a countywide professional paramedic staff service to cover the whole county and will be checking back to see what progress has been made. 

Motion was made by Hendrickson moved to approve all three Tobacco Permits for Sidney Foods, Bohlen Farm Services and Pilot Travel Centers. 

Motion was made by Hendrickson to approve the following Resolution 2016-30.  Motion carried unanimously.

RESOLUTION NO.  2016-30                                                               

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 31st day of May 2016, that the following transfer of funds be approved and made:  $546,755 from the Rural Services Basic Fund, share of Rural Services taxes, to the Secondary Road Fund and $64,340, property tax relief of local option taxes, from the Rural Services Basic Fund to the Secondary Road Fund. 

Motion to approve transfer made by Hendrickson.
 

Joan Kirk, Auditor, met with the board to discuss EMC 2015/2016 Budget.  Kirk said the EMC Budget and the county worksheets need to match for everything to flow through correctly.  Kirk has discussed the situation with the State Auditor that is in charge of auditing the county, and she agrees it is too late to do anything about it now, saying the fund will just have to be short.  Kirk told the board if they come up with any suggestions she would be glad to be of assistance. 

At 11:00 a.m. there being no further business, Hendrickson made a motion to adjourn.  Motion carried unanimously. 

ATTEST:

Fremont County Auditor                                                                                Cara Morgan, Chairman

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