Board of Supervisors Minutes
June 2002
June 4, 2002:
The Fremont County Board of Supervisors met in regular session on Tuesday, June 4, 2002, in the Fremont County Courthouse, Boardroom, with Aistrope, Hickey and Whipple present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Whipple moved to approve the agenda as posted; vote carried unanimously. Supervisor Whipple moved to approve the minutes of the previous Board session; vote carried unanimously.
At 9:00 a.m. the following resolution was approved.
RESOLUTION: WHEREAS, Fremont County has been delegated the authority to issue permits with respect to private water well construction by the Iowa Department of Natural Resources under the provisions of Chapter 38 of the Iowa Administrative Code and an intergovernmental (28E) Agreement dated March 6, 2001, and
WHEREAS, rules and regulations of the Fremont County Board of Health specify that all wells permitted by the county shall be constructed in accordance with Chapter 49 of the Iowa Administrative Code 567, and
WHEREAS, the Board of Supervisors have been directed by the Department of Natural Resources to further address the construction of water wells.
THEREFORE, the Fremont County Board of Supervisors, sitting in session this 4th day of June, 2002, that Fremont County prohibits further construction of drinking or non-drinking water wells where a municipal water system is reasonably accessible to the landowner and the determination of reasonably accessible shall be made by the Board of Supervisors, and
THEREFORE, the Fremont County Board of Supervisors may grant a variance from this resolution provided a well construction permit is obtained in accordance with state law regulations and county ordinances and each of the following conditions are met:
(A) The well and pump installation meet the requirements of applicable state laws and county ordinances.
(B) The proposed use of the well and pump installation can be justified as being necessary in addition to water provided by the municipal water supply system.
(C) No cross connections shall exist between the well and pump installation and the municipal water supply system and no fixtures shall be served by both systems.
(D) An investigation of records of leaking underground storage tanks must be conducted and the county well permitting agent shall notify and coordinate with the Iowa Department of Natural Resources Leaking Underground Storage Tank Section to insure that a contamination hazard does not exist.
Motion to approve resolution made by Whipple, seconded by Hickey and carried unanimously.
ATTEST:
/s/ Lucille
Hunt
/s/ David Aistrope, Chairman aye
Fremont County
Auditor
/s/ Keith
Hickey
aye
/s/ John E.
Whipple
aye
At 9:15 a.m. Sandra Sillers, Fremont County CPC, met with the Board. Motion was made by Hickey to authorize Chairman Aistrope to sign the Fremont County Mental Health Affiliation confirmation with Waubonsie Mental Health for the fiscal year 2002/2003. Motion was seconded by Whipple and carried unanimously.
At 9:30 a.m. Tracy Vanatta met with the Board in regards to the Public Health Congress and Vanatta made a request to the Board to use the county grant funds for computer training. She said she would know the funds that are left at a later date.
The following claims were approved.
There being no further business, motion for adjournment was made.
ATTEST:
Fremont County Auditor David Aistrope, Chairman
June 6, 2002:
The Fremont County Board of Supervisors met in regular session on Thursday, June 6, 2002, in the Fremont County Courthouse, Boardroom, with Aistrope, Hickey and Whipple present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Whipple moved to approve the agenda as posted; vote carried unanimously. Supervisor Whipple moved to approve the minutes of the previous Board session; vote carried unanimously.
At 10:00 a.m. the Board met with County Attorney Vicki Danley, Sheriff Steven MacDonald and County Engineer and Zoning Administrator Dan Davis to follow up on the effort to clean up the junkyards in Fremont County. Danley said she had three lawsuits on file in regards to the junkyards. After considerable discussion, the Auditor was told to put a resolution on the agenda for June 12th to appoint the Sheriff as an Assistant Zoning Administrator for the purpose of zoning ordinance enforcement. The Zoning Administrator will send a "clean up" notice first, and if not cleaned up, citations will be issued. Hickey made a motion to authorize Chairman Aistrope to sign the Labor Agreement between Fremont County, Iowa Secondary Road Department and Public, Professional & Maintenance Employees Local No. 2003 effective July 1, 2002 to June 30, 2004. Motion was seconded by Whipple and carried unanimously. Hickey made a motion to authorize Chairman Aistrope to sign a permit to work in ROW with MidAmerican Energy for work in Scott Township. Motion was seconded by Whipple and carried unanimously. Motion was made by Whipple to approve the renewal liquor license for off premise liquor, wine or beer and Sunday Sales for Crossroads Texaco, LLC. Motion was seconded by Hickey, carrying unanimously.
In other business, the Recorder’s Monthly Report of Fees Collected was approved.
There being no further business, motion for adjournment was made.
ATTEST:
Fremont County Auditor David Aistrope, Chairman
June 11, 2002:
The Fremont County Board of Supervisors met in regular session on Tuesday, June 11, 2002, in the Fremont County Courthouse, Boardroom, with Aistrope, Hickey and Whipple present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Whipple moved to approve the agenda as posted; vote carried unanimously. Supervisor Whipple moved to approve the minutes of the previous Board session, vote carried unanimously.
At 9:00 a.m. motion was made by Hickey to approve resolution number 2002-39. Motion was seconded by Whipple and carried unanimously.
Resolution 2002-39
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:
Parcel Number 430430729000000 – LTS 9-11 INC Phelps Add, Block 11, in the
original town of Hamburg, Fremont County, Iowa, according to the recorded plat
thereof,
Parcel Number 430430730000000 – LT 12 Phelps Add, Block 11, in the original
town of Hamburg, Fremont County, Iowa, according to the recorded plat thereof,
Parcel Number 430430731000000 – LTS 13 & 14 Phelps Add, Block 11, in the
original town of Hamburg, Fremont County, Iowa, according to the recorded plat
thereof,
Parcel Number 430430732000000 – LTS 15 & 16 Phelps Add, Block 11, in the
original town of Hamburg, Fremont County, Iowa, according to the recorded plat
thereof,
WHEREAS, the Fremont County Board of Supervisors proposes to assign four
certificates of purchases at tax sale to Jerry Scharp, 2167 A Av., Shenandoah,
IA 51601 in exchange for the sum of two hundred fifty dollars for each parcel
for a total of one thousand dollars and Jerry Scharp’s promise to pay all
legal expenses for the abatement of the nuisances now located on said property
plats thereof and to bring the properties up to an appropriate level of
maintenance.
THEREFORE, be it resolved that a public hearing on the foregoing proposal shall be held at 9:30 a.m. on June 25, 2002, 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 Hamburg Reporter, once, at least four days but not more than twenty days before the date of the public hearing.
Adopted this 11th day of June, 2002.
ATTEST:
/s/ Lucille
Hunt
/s/ David Aistrope, Chairman aye
Fremont County
Auditor
/s/ Keith
Hickey
aye
/s/ John E.
Whipple
aye
At 9:15 a.m. resolution number 2002-40 was approved
Resolution 2002-40
BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors, sitting in session this 11th day of June, 2002, that the Fremont County Sheriff is appointed as Assistant Zoning Administrator for Fremont County for the purpose of Zoning Ordinance Enforcement.
Motion to approve made by Whipple, seconded by Hickey and carried unanimously.
ATTEST:
/s/ Lucille
Hunt
/s/ David Aistrope, Chairman aye
Fremont County
Auditor
/s/ Keith
Hickey
aye
/s/ John E.
Whipple
aye
At 9:30 a.m. County Engineer Dan Davis met with the Board. Motion was made by Hickey to approve the plans for Project No. L-2-20-1, RCB Culvert Replacement – Twin Box, 130th Street (Fuelling Road) R.C.B. Over Plum Creek. Motion was seconded by Whipple and carried unanimously.
Motion was made by Whipple to authorize Chairman Aistrope to sign an agreement by and between Loren Wayne Shepherd, Jr and Susan Lynn Shepherd for a permanent easement of .40 acres and a temporary easement of 1.69 acres in sections 17 and 20-township 70N-Range 42W for public right of way real estate designated as Parcel No. 1and 2 of Fremont County for Project No. L-2-20-1. Motion was seconded by Hickey and carried unanimously.
At 10:00 a.m. On Tuesday, June 11, 2002, the Board of Supervisors, concurring
with the County Auditor, held the Official Canvass of Votes cast in the June 4,
2002, Primary Election. A detailed copy of the count of votes was furnished to
the Republican Party and the Democratic Party. Motion was made by Whipple,
seconded by Hickey, carried unanimously to declare the following people
nominated on a county level:
At 10:30 a.m. Steve MacDonald met with the Board in regards to purchasing property adjacent to the building housing the Sheriff’s department. Cory Gordon was present. After discussion motion was made by Hickey to authorize Gordon to make an offer on the property. Motion was seconded by Whipple and carried unanimously.
In other business payroll for June 14, 2002, was approved.
There being no further business, motion for adjournment was made.
ATTEST:
Fremont County Auditor David Aistrope, Chairman
June 11, 2002:
The Fremont County Board of Supervisors met in regular session on Tuesday, June 11, 2002, in the Fremont County Courthouse, Boardroom, with Aistrope, Hickey and Whipple present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Whipple moved to approve the agenda as posted; vote carried unanimously. Supervisor Whipple moved to approve the minutes of the previous Board session, vote carried unanimously.
At 9:00 a.m. motion was made by Hickey to approve resolution number 2002-39. Motion was seconded by Whipple and carried unanimously.
Resolution 2002-39
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:
Parcel Number 430430729000000 – LTS 9-11 INC Phelps Add, Block 11, in the
original town of Hamburg, Fremont County, Iowa, according to the recorded plat
thereof,
Parcel Number 430430730000000 – LT 12 Phelps Add, Block 11, in the original
town of Hamburg, Fremont County, Iowa, according to the recorded plat thereof,
Parcel Number 430430731000000 – LTS 13 & 14 Phelps Add, Block 11, in the
original town of Hamburg, Fremont County, Iowa, according to the recorded plat
thereof,
Parcel Number 430430732000000 – LTS 15 & 16 Phelps Add, Block 11, in the
original town of Hamburg, Fremont County, Iowa, according to the recorded plat
thereof,
WHEREAS, the Fremont County Board of Supervisors proposes to assign four
certificates of purchases at tax sale to Jerry Scharp, 2167 A Av., Shenandoah,
IA 51601 in exchange for the sum of two hundred fifty dollars for each parcel
for a total of one thousand dollars and Jerry Scharp’s promise to pay all
legal expenses for the abatement of the nuisances now located on said property
plats thereof and to bring the properties up to an appropriate level of
maintenance.
THEREFORE, be it resolved that a public hearing on the foregoing proposal shall be held at 9:30 a.m. on June 25, 2002, 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 Hamburg Reporter, once, at least four days but not more than twenty days before the date of the public hearing.
Adopted this 11th day of June, 2002.
ATTEST:
/s/ Lucille
Hunt
/s/ David Aistrope, Chairman aye
Fremont County
Auditor
/s/ Keith
Hickey
aye
/s/ John E.
Whipple
aye
At 9:15 a.m. resolution number 2002-40 was approved
Resolution 2002-40
BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors, sitting in session this 11th day of June, 2002, that the Fremont County Sheriff is appointed as Assistant Zoning Administrator for Fremont County for the purpose of Zoning Ordinance Enforcement.
Motion to approve made by Whipple, seconded by Hickey and carried unanimously.
ATTEST:
/s/ Lucille
Hunt
/s/ David Aistrope, Chairman aye
Fremont County
Auditor
/s/ Keith
Hickey
aye
/s/ John E.
Whipple
aye
At 9:30 a.m. County Engineer Dan Davis met with the Board. Motion was made by Hickey to approve the plans for Project No. L-2-20-1, RCB Culvert Replacement – Twin Box, 130th Street (Fuelling Road) R.C.B. Over Plum Creek. Motion was seconded by Whipple and carried unanimously.
Motion was made by Whipple to authorize Chairman Aistrope to sign an agreement by and between Loren Wayne Shepherd, Jr and Susan Lynn Shepherd for a permanent easement of .40 acres and a temporary easement of 1.69 acres in sections 17 and 20-township 70N-Range 42W for public right of way real estate designated as Parcel No. 1and 2 of Fremont County for Project No. L-2-20-1. Motion was seconded by Hickey and carried unanimously.
At 10:00 a.m. On Tuesday, June 11, 2002, the Board of Supervisors, concurring with the County Auditor, held the Official Canvass of Votes cast in the June 4, 2002, Primary Election. A detailed copy of the count of votes was furnished to the Republican Party and the Democratic Party. Motion was made by Whipple, seconded by Hickey, carried unanimously to declare the following people nominated on a county level:
|
OFFICE |
DEMOCRATIC |
REPUBLICAN |
|||||
|
County Supervisor |
Chuck Larson |
David Aistrope |
|||||
|
County Supervisor |
None |
John E. Whipple |
|||||
|
County Treasurer |
Christine M. Sheldon |
Judy Crain |
|||||
|
County Recorder |
None |
Margaret Henkle |
|||||
|
County Attorney |
Vicki R. Danley |
None |
|||||
|
TOWNSHIP CLERKS AND TRUSTEES |
|||||||
|
Benton Clerk (1) |
Agnes C. Penney |
None |
|||||
|
Benton Trustee (2) |
Dale A. Chaney |
None |
|||||
|
Locust Grove Clerk |
None |
Frances Gruber |
|||||
|
Locust Grove Trustee (2) |
None |
Reldon Bryte |
Harold Gruber |
||||
|
Fisher Clerk (1) |
Eugene Shelton |
None |
|||||
|
Fisher Trustee (2) |
None |
Thomas F. Troxel |
Phillip Wing |
||||
|
Fisher Trustee, to fill a vacancy(1) |
John R. Walter |
None |
|||||
|
Walnut Clerk (1) |
None |
Kathy Lightfoot |
|||||
|
Walnut Trustee (2) |
None |
Maurice Hoxie |
Vern Lightfoot |
||||
|
Green Clerk (1) |
None |
Robert K. Benton |
|||||
|
Green Trustee (2) |
None |
Lawrence L. Crom |
Randy Hickey |
||||
|
Monroe Clerk (1) |
Patricia Head |
None |
|||||
|
Monroe Trustee (2) |
Gerald A. Head |
None |
|||||
|
Riverside Clerk (1) |
None |
Kim Malcom |
|||||
|
Riverside Trustee (2) |
None |
Duane Aistrope |
Rodney W. Carter |
||||
|
Riverton Clerk (1) |
None |
Cindy Mount |
|||||
|
Riverton Trustee (2) |
Darwin Bugg |
None |
|||||
|
Madison Clerk (1) |
None |
Deloris Stenzel |
|||||
|
Madison Trustee (2) |
None |
Marvin L. Gubser |
Glen Stenzel |
||||
|
Scott Clerk (1) |
None |
Ben Howe |
|||||
|
Scott Trustee (2) |
None |
Jeff Porter |
|||||
|
Sidney Clerk (1) |
None |
David Roberts |
|||||
|
Sidney Trustee (2) |
None |
Larry G. Greedy |
Ronald Loewe |
||||
|
Prairie Clerk (1) |
None |
Sheryl G. Sanders |
|||||
|
Prairie Trustee (2) |
None |
Greg A. Johnson |
Keith Kingsolver |
||||
|
Washington Clerk (1) |
None |
James A. Nahkunst |
|||||
|
Washington Trustee (2) |
None |
Carl E. Nahkunst |
Greg G. Phillips |
||||
At 10:30 a.m. Steve MacDonald met with the Board in regards to purchasing property adjacent to the building housing the Sheriff’s department. Cory Gordon was present. After discussion motion was made by Hickey to authorize Gordon to make an offer on the property. Motion was seconded by Whipple and carried unanimously.
In other business payroll for June 14, 2002, was approved.
There being no further business, motion for adjournment was made.
ATTEST:
Fremont County Auditor David Aistrope, Chairman
June 13, 2002:
The Fremont County Board of Supervisors met in regular
session on Thursday, June 13, 2002, in the Fremont County Courthouse, Boardroom,
with Aistrope, Hickey and Whipple present. A quorum was declared and the meeting officially called to
order at 9:00 a.m. Whipple moved to
approve the agenda as posted; vote carried unanimously. Supervisor Whipple moved to approve the minutes of the
previous Board session; vote carried unanimously.
At 9:00 a.m. Christine M. Sheldon met with the Board. The following resolution was approved.
RESOLUTION NAMING DEPOSITORIES NO. 2002-41
RESOLVED, that the Fremont County Board of Supervisors of Fremont County, Iowa, approves the following list of financial institutions to be depositories of the funds in conformance with all applicable provisions of Iowa Code Chapter 12C.
RESOLVED, Christine M. Sheldon, Fremont County Treasurer, is hereby authorized to deposit the Fremont County funds in amounts not to exceed the maximum approved for each respective financial institution as set out below:
Depository Name Location Maximum Balance
Fremont County Savings Bank
Sidney
$8,000.000
Citizens Bank
Hamburg/Sidney
$3,000,000
First National Bank
Shenandoah/Farragut
$3,000,000
First State Bank
Tabor
$3,000,000
Randolph State Bank
Randolph
$5,000,000
This motion made by Hickey and seconded by Whipple. This Resolution passed on the 13th day of June, 2002.
ATTEST:
/s/ Lucille
Hunt
/s/
David Aistrope
Fremont County Auditor
/s/ Keith Hickey
/s/ John E. Whipple
At 9:30 a.m. Pat Shull met with the Board in regards to funding for the Loess Hills Interpretive Center. The Board evaluated the public purpose served by expending funds to the Interpretive Center as the Center will reflect the increase in building and traffic and increase the tax base and local option taxes for Fremont County. Motion was made by Hickey to authorize an amount of $5,000.00 to be contributed to the Loess Hills Interpretive Center. Motion was seconded by Whipple and carried unanimously.
At 10:00 a.m. County Engineer Dan Davis met with the Board. Motion was made by Whipple to authorize Chairman Aistrope to sign a payment voucher to Kirkham, Michael & Associates, Inc. for Project Number FM-CO36(25)—55-36. Motion was seconded by Hickey and carried unanimously.
At 10:30 a.m. Sheriff Steven H. MacDonald and Cory Gordon met with the Board. Gordon said the owner of the adjacent property to the county property asked for more money than the Board offered. The Board told her that the offer stood.
At 11:00 a.m. Sandra Sillers met with the Board in regards to HIPPA regulations. The federal regulations for HIPPA are stringent and must be complied with. The regulations will affect all departments with mental health, sheriff, auditor, treasurer, general relief and veterans affairs being affected the most. Regulations will cause considerable costs to Fremont County as the Board will need to appoint an administrator and that person will have to be responsible for implementation in all departments in the County. At this time the Board said they would appoint an administrator or discuss the matter further for a HIPPA administrator at the next meeting after being posted.
There being no further business, motion for adjournment was made.
ATTEST:
Fremont County Auditor David Aistrope, ChairmanJune 18, 2002:
The Fremont County Board of Supervisors met in regular session on Tuesday, June 18, 2002, in the Fremont County Courthouse, Boardroom, with Aistrope, Hickey and Whipple present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Whipple moved to approve the agenda as posted; vote carried unanimously. Supervisor Whipple moved to approve the minutes of the previous Board session; vote carried unanimously.
At 9:00 a.m. the Board met with Data Processing Coordinator
Arnold Emberton and Auditor Lucille Hunt in regards to HIPPA and how it will
affect the county. An administrator should be named. Right now we know that the
HIPPA guidelines are stringent and must be complied with. The federal
regulations will affect all departments with mental health, sheriff, auditor,
treasurer, general relief and veterans affairs being affected the most.
Regulations will cause considerable costs to Fremont County and the Board
concluded that more information would be provided by ISAC. An extension will
have to be requested by September and the Board will ask for the extension. An
administrator will be appointed at a later date.
At 9:30 a.m. the bid opening for a truck chassis was held as published. County
Engineer Dan Davis and Mike Batenhorst were present. Bids received were: Omaha
Truck Center, 4522 S. 108th St., Omaha, Nebraska – 2003
Freightliner, FL70 4x2 for $46,750 less trade-in in allowance of $10,250 for a
net bid of $36,500; Wick’s Sterling Trucks, Inc., 10502 S. 147th
St., Omaha, Nebraska – 2003 Sterling, M7500 for $48,211 less trade-in
allowance of $15,100 for a net bid of $33,111; Cornhusker International Trucks,
4502 S 110th St., Omaha, Nebraska – 2003 International 7400 for
$49,745.16 less trade-in allowance of $12,500 for a net bid of $37,245.16.
Trade-in includes a 1990 IHC 4700 Single Axle Dump Truck 1HTSCCFR7LH207646, a
1973 IHC 1700 Single Axle Tankwagon 10672CHA37781 and a 1984 Ford F826 Flatbed
FDPF82K2EVA33050. After discussion about the exceptions that were listed from
the specifications published and wet sleeves versus dry sleeves, Hickey made a
motion to table the decision until Thursday, June 20, 2002, at 9:30 a.m. Motion
was seconded by Whipple and carried unanimously.
At 10:00 a.m. Robin and Ray Welch from Anderson met with the Board in regards to an alley in Anderson. An individual is planting trees and moving things to the alley that has not been vacated by the county. They requested that the alley be vacated by the county. They also reported that a ditch is again full of limbs, bird manure, etc that has been placed in the ditch by an individual that has caused water and debris to back up on their lawn. They requested the ditch be cleaned. Aistrope said the Board would talk to the County Engineer in regards to vacating the alley. They also said they would check to see what could be done to someone who discards debris in a county right of way ditch.
In other business, claims for June 21, 2002 were approved. Claim numbers 25173 and 25177 were not approved.
There being no further business, motion for adjournment was made.
ATTEST:
Fremont County Auditor David Aistrope, Chairman
June 20, 2002:
The Fremont County Board of Supervisors met in regular session on Thursday,
June 20, 2002, in the Fremont County Courthouse, Boardroom, with Aistrope,
Hickey and Whipple present. A quorum was declared and the meeting officially
called to order at 9:00 a.m. Whipple moved to approve the agenda as posted; vote
carried unanimously. Supervisor Whipple moved to approve the minutes of the
previous Board session; vote carried unanimously.
At 9:00 a.m. the Board met with Data Processing Coordinator Arnold Emberton. Motion was made by Whipple to authorize Chairman Aistrope to sign the 2003/2004 maintenance agreement contract with ‘Solutions’. Motion was seconded by Hickey and carried unanimously.
At 9:15 a.m. the following resolution was approved.
RESOLUTION: BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 20th day of June, 2002, that the following change in appropriation be made:
Increase Expenditure Decrease Expenditure
02000-09110-113-52-10+$50.00
02000-09010-113-02-10-$50.00
10000-04011-440-58+$25,000.00
10000-04071-319-60-$25,000.00
Motion to approve made by Whipple, seconded by Hickey, carried unanimously.
ATTEST:
/s/ Lucille
Hunt
/s/ David Aistrope, Chairman aye
Fremont County
Auditor
/s/ Keith
Hickey
aye
/s/ John E.
Whipple
aye
At 9:30 a.m. the tabled decision for the purchase of a truck chassis was discussed. County Engineer Dan Davis and Mike Batenhorst were present. This truck will push snow, haul heavy loads and be able to be in the system for 14 years. The frame PSI was discussed as they are running trucks with 120,000 PSI. Specifications that were not met were in regards to the frame, controls for the sander, blade, strobe lights, etc., seats and service capabilities. He said you have to look at the safety issue for the specifications that were bid. The International truck was the only truck that met the specifications that were published. Batenhorst said stricter emission controls on engines take effect on July 1, 2002 and if the county re-bid the purchase of a truck the price of the truck would be at least $2,000 more. Motion was made by Hickey to accept the bid from Cornhusker International Trucks, 4502 S 110th St., Omaha, Nebraska for a 2003 International 7400 for $49,745.16 less trade-in allowance of $12,500 for a net bid of $37,245.16, as this truck was the only one that met specifications. Motion was seconded by Whipple and carried unanimously.
At 10:00 a.m. motion was made by Whipple to approve the
renewal license for off-premise liquor, wine or beer and Sunday sales for K
& M Lyons, Inc. Motion was seconded by Hickey and carried unanimously.
In other business, longevity pay for secondary roads was approved.
There being no further business, motion for adjournment was made.
ATTEST:
Fremont County
Auditor
David Aistrope, Chairman
June 25, 2002:
The Fremont County Board of Supervisors met in regular session on Tuesday, June 25, 2002, 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. Whipple moved to approve the agenda as posted; vote carried unanimously. Supervisor Whipple moved to approve the minutes of the previous Board session, vote carried unanimously. Hickey was attending the funeral services for Kevin Morse.
At 9:00 a.m. the following resolution was approved.
RESOLUTION NO. 2002-43
RESOLUTION FOR APPROPRIATIONS: WHEREAS, it is desired to make appropriations for each of the different officers and departments for the fiscal year beginning July 1, 2002 in accordance with Section 331.434, Subsection 6, Code of Iowa.
THEREFORE, be it resolved by the Fremont County Board of Supervisors this 25th day of June 2002, the following: SECTION 1-The amounts itemized by fund and department on the attached schedule are hereby appropriated from the resources/fund as shown. SECTION 2- Subject to the provisions of other county procedures and regulations, and applicable state law, the appropriations authorized under Section 1 shall constitute an authorization for the department/officer listed to make expenditures or incur obligations from the itemized fund, effective July 1, 2002. SECTION 3-In accordance with Section 331.437, Code of Iowa, no Department/Officer shall incur any liability in excess of the amount appropriated to this resolution. SECTION 4-If, at any time during the 2002/2003 budget year the Auditor ascertains that the available resources of a fund will be less than said fund's total appropriations, he/she shall immediately inform the Board and recommend appropriate corrective action. SECTION 5-The Auditor shall establish separate accounts for the appropriations authorized in Section 1. The Auditor shall report the status of such accounts to the applicable Departments/Officers monthly during the 2002/2003 budget year. SECTION 6-All appropriations authorized pursuant to this resolution lapse at the close of business on June 30, 2003. The above and foregoing resolution was adopted by the Fremont County Board of Supervisors on Tuesday, June 25, 2002.
Motion to approve by Whipple, seconded by Aistrope, carried unanimously.
ATTEST:
/s/ Lucille
Hunt
/s/ David Aistrope, Chairman aye
Fremont County
Auditor
Keith Hickey
absent
/s/ John E. Whipple
aye
At 9:30 a.m. a public hearing was held for Fremont County to assign a certificate of purchase at tax sale to Jerry Scharp as published.
RESOLUTION NO. 2002-44
RESOLUTION APPROVING PROPOSAL OF JERRY SCHARP, SHENANDOAH, IOWA
Re: Parcel Number 430430729000000 – LTS 9-11 INC Phelps Add, Block 11, in the original town of Hamburg, Fremont County, Iowa, according to the recorded plat thereof,
Parcel Number 430430730000000 – LT 12 Phelps Add, Block 11, in the original town of Hamburg, Fremont County, Iowa, according to the recorded plat thereof,
Parcel Number 430430731000000 – LTS 13 & 14 Phelps Add, Block 11, in the original town of Hamburg, Fremont County, Iowa, according to the recorded plat thereof,
Parcel Number 430430732000000 – LTS 15 & 16 Phelps Add, Block 11, in the original town of Hamburg, Fremont County, Iowa, according to the recorded plat thereof,
WHEREAS, Jerry Scharp, Shenandoah, Iowa 51601 is desirous of obtaining certificates of tax purchase’s
to Parcel Number 430430729000000 – LTS 9-11 INC Phelps Add, Block 11, in the original town of Hamburg, Fremont County, Iowa, according to the recorded plat thereof,
to Parcel Number 430430730000000 – LT 12 Phelps Add, Block 11, in the original town of Hamburg, Fremont County, Iowa, according to the recorded plat thereof,
to Parcel Number 430430731000000 – LTS 13 & 14 Phelps Add, Block 11, in the original town of Hamburg, Fremont County, Iowa, according to the recorded plat thereof,
to Parcel Number 430430732000000 – LTS 15 & 16 Phelps Add, Block 11, in the original town of Hamburg, Fremont County, Iowa, according to the recorded plat thereof,
in exchange for the sum of two hundred fifty dollars for each parcel for a total of one thousand dollars and Jerry Scharp’s promise to pay all legal expenses for the abatement of the nuisances now located on said property plats thereof and to bring the properties up to an appropriate level of maintenance. This includes taxes payable in 2001/2002.
WHEREAS, Fremont County is desirous of avoiding the expense of tax redemption procedure and abatement of nuisance on said properties, and
WHEREAS, a public hearing on this proposal was held on the 25th day of June, 2002, and objections to the proposal had no merit, and
WHEREAS, the transfer of said certificates of tax purchase’s to Jerry Scharp is in the better interest of the County and is in the better interest of Jerry Scharp to enable him to abate the nuisance and 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 an agreement for assignment and the assignment of certificates of tax purchases of this real estate to Jerry Scharp, as submitted by Jerry Scharp.
IT IS SO RESOLVED, this 25th day of June 2002.
ATTEST:
/s/ Lucille
Hunt
/s/ David Aistrope, Chairman aye
Fremont County
Auditor
Keith Hickey
absent
/s/ John E.
Whipple
aye
RESOLUTION NO. 2002-45
ASSIGNMENT OF CERTIFICATE OF TAX SALE PURCHASE
Re: Parcel Number 430430729000000 – LTS 9-11 INC Phelps Add, Block 11, in the original town of Hamburg, Fremont County, Iowa, according to the recorded plat thereof,
Parcel Number 430430730000000 – LT 12 Phelps Add, Block 11, in the original town of Hamburg, Fremont County, Iowa, according to the recorded plat thereof,
Parcel Number 430430731000000 – LTS 13 & 14 Phelps Add, Block 11, in the original town of Hamburg, Fremont County, Iowa, according to the recorded plat thereof,
Parcel Number 430430732000000 – LTS 15 & 16 Phelps Add, Block 11, in the original town of Hamburg, Fremont County, Iowa, according to the recorded plat thereof,
Fremont County does hereby transfer the certificates of tax sale purchases regarding the above described real estate to Jerry Scharp of Shenandoah. The county shall endorse the tax sale certificate as necessary to complete this assignment.
Dated this 25th day of June, 2002.
ATTEST:
/s/ Lucille
Hunt
/s/ David Aistrope, Chairman
Fremont County Auditor
STATE OF IOWA, FREMONT COUNTY SS:
On this 25th day of June, 2002, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared David Aistrope, 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
At 10:00 a.m. the public hearing for a special use permit for Frederic Ashler
and a zoning district change for Larry Gammel was held as published. Present
were Frederic Ashler and Larry and David Gammel. After discussion the following
resolution was approved.
RESOLUTION NO. 2002-46:
WHEREAS an application has been received and a public hearing held on May 21, 2002 by the Fremont County Zoning Commission for a Special Use Permit as allowed under the Zoning Ordinance of Fremont County, Iowa, and,
WHEREAS the Zoning Commission has reported to the Board recommending issuance of said Special Use Permit,
NOW THEREFORE BE IT RESOLVED that a permit is granted to the party for the Special Use on the piece of property designated in the attached Special Use Permit form.
This resolution hereby authorizes the Chairman of the Board of Supervisors to execute the attached Special Use Permit.
Dated this 25th day of June, 2002. Motion to adopt resolution made by Whipple and seconded by Aistrope.
ATTEST:
/s/ Lucille
Hunt
/s/ David Aistrope, Chairman aye
Fremont County
Auditor
Keith Hickey
absent
/s/ John E. Whipple
aye
Aistrope signed the special use permit to install a Jacobsen
20-kilowatt wind tower for a supplemental electric supply for use at existing
home. The location of the property for a Special Use Permit for applicant
Frederic M. Ashler, owner of property, is described as follows: Legal
Description: E 1/2 SW 1/4 SE 1/4; NW 1/4 SE 1/4 SE 1/4; and the following
described tract of land, to wit: Commencing at the NE corner of the SE 1/2 SW
1/4 SE 1/4 of Section 16, Township 67 North, Range 42, thence running East 3.50
chains, thence South 10 chains, thence West 3.50 chains, thence North 10 chains
to the place of beginning, all in Section 16, Township 67 North, Range 42 West
of the 5th P.M., according to Government Survey, in Fremont County,
Iowa.
RESOLUTION NO. 2002-47
WHEREAS, an application has been received and a public hearing held by the Fremont County Zoning Commission for a zoning change from agricultural to industrial, and
WHEREAS, the Zoning Commission has reported to the Board of Supervisors that the zoning district change from an agricultural district to an industrial district be granted to the applicant, Larry Gammell, 2869 250th Street, Sidney, Iowa 51652;
WHEREAS, the Fremont County Board of Supervisors published a Notice of a Public Hearing for a Zoning District Change concerning the zoning district change from agricultural to industrial for applicant Larry Gammell, as recommended by the Zoning Commission.
NOW THEREFORE BE IT RESOLVED by the Fremont County Board of Supervisors, following the public hearing at 10:00 a.m. on 6-25-2002, that the application for a zoning district change from agricultural to industrial by applicant Larry Gammell, be approved for the location of the property described as follows:
The West 990 feet of even width of the S 3/4th of
the SW 1/4 SE 1/4 of Section 22, Township 68 North, Range 42 West of the 5th
P.M., in Fremont County, Iowa, excepting therefrom a tract described as:
Commencing at a point where the present East Line of combined U.S. Primary Road
275 and Iowa Primary Road 2, being 75 feet East of the centerline of said
highway, intersects the North line of S 1/2 N 1/2 SW 1/4 SE 1/4 of Section 22,
Township 68, Range 42 West of the 5th P.M., thence East on said North
line 533 feet, thence South 385 feet, thence West 533 feet to highway line,
thence North 385 feet on the highway line to the point of beginning, also
excepting tracts acquired by the State of Iowa for road purposes by Condemnation
Proceeding in Book "K" at page 321 in Deed Book 59 at page 257,
subject to easements of record. Also an easement for ingress and egress to the
above lands over a tract described as: Commencing at a point on the present East
line of combined U.S. Primary Road 275 and Iowa Primary Road 2, being 155 feet
South of the point where said Primary Road 275 and Iowa Primary Road 2
intersects the North line of S 1/2 N 1/2 SW 1/4 SE 1/4, thence East 20 feet,
thence South 230 feet, thence West 20 feet to the highway line, thence North 230
feet to the point of beginning. Also, the East 100 feet of even width of the
West 990 feet of even width of the S 3/4 of the SW 1/4 SE 1/4 of Section 22,
Township 68 North, Range 42 West of the 5th P.M., in Fremont County,
Iowa, subject to easements of record. Also a tract of land located in the SW 1/4
SE 1/4 of Section 22, Township 68 North, Range 42 West of the 5th
P.M., Fremont County, Iowa, more fully described as follows: Commencing at the S
1/4 corner of said Section 22, thence 90° 00’00"
E along the South line of said SW 1/4 SE 1/4 a distance of 990.0 feet to the
point of beginning; thence N1° 04’20" E and
parallel with the West line of said SW 1/4 SE 1/4 a distance of 500.09 feet;
thence N90° 00’00"E and parallel with the
South line of said SW 1/4 SE 1/4 a distance of 164.88 feet; thence S0°
00’00" W a distance of 500.00 feet to a point on the South line of said
SW 1/4 SE 1/4; thence S90° 00’00" W along the
South line of said SW 1/4 SE 1/4 a distance of 174.24 feet to the point of
beginning. Said tract contains 1.95 acres, more or less, including present
established right-of-way.
Motion to approve the resolution made by Whipple, seconded by Aistrope.
Dated June 25, 2002.
ATTEST:
/s/ Lucille
Hunt
/s/ David Aistrope, Chairman aye
Fremont County
Auditor
Keith
Hickey
absent
/s/ John E. Whipple
aye
Motion made by Whipple to authorize Chairman Aistrope to sign renewal cigarette
permits for K & M Lyons Inc. and Sapp Brothers. Motion carried unanimously.
At 10:30 a.m. County Engineer Dan Davis met with the Board in regards to two vacancies in the Secondary Road Department.
In other business, payroll for June 28, 2002 and the following claims for June 27, 2002 were approved.
There being no further business motion for adjournment was made.
ATTEST:
Fremont County Auditor David Aistrope, Chairman
June 27, 2002:
The Fremont County Board of Supervisors met in regular session on Thursday,
June 27, 2002, in the Fremont County Courthouse, Boardroom, with Aistrope,
Hickey and Whipple present. A quorum was declared and the meeting officially
called to order at 9:00 a.m. Hickey moved to approve the agenda as posted; vote
carried unanimously. Supervisor Whipple moved to approve the minutes of the
previous Board session; vote carried unanimously.
At 10:00 a.m. County Engineer Dan Davis met with the Board for a bid opening for Project L-2-20-1, Fuelling Box Culvert. The following bids were received: C. L. Carol Co., Inc., Des Moines, IA, $223,455.00; Glen Jordan Construction, Inc., Casey, IA, $164,811.90; Barton Construction Co., Inc., Corning, IA, $136,709.20. Motion was made by Hickey to accept the apparent low bid of 136,709.20 from Barton Construction Co., Inc. Motion seconded by Whipple, carrying unanimously.
Motion was made by Whipple, seconded by Hickey, to authorize Chairman Aistrope to sign a permit for work in right-of-way for John and Patricia Aistrope to clear overgrown trees and brush from road ditch and fence row and replace broken fencing in existing location. Motion carried unanimously.
Motion was made by Whipple, seconded by Hickey, to authorize Chairman Aistrope to sign the Rural Transit System Joint Participation Agreement with Southwest Iowa Planning Council for fiscal year 2003. Motion carried unanimously.
There being no further business, motion for adjournment was made.
Supervisor Aistrope left to attend a SWIPCO meeting.
ATTEST:
Fremont County Auditor David Aistrope, Chairman