Board of Supervisors Minutes
June 2003
June 3, 2003:
The Fremont County Board of Supervisors met in regular session on Tuesday, June 3, 2003, in the Fremont County Courthouse, Boardroom, with Hickey, Aistrope and Larson present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Agenda was approved as posted with no corrections. Minutes of the previous Board session were read and approved with no corrections.
At 9:00 a.m. the following resolution was approved:
RESOLUTION NO. 2003-41
To fix a date for a public hearing on a loan agreement
WHEREAS, the Board of Supervisors of Fremont County, Iowa (the "County"), proposes to enter into a loan agreement (the "Loan Agreement") in the principal amount of $52,000, pursuant to the provisions of Section 331.402 of the Code of Iowa, for the purpose of paying the cost, to that extent, of the acquisition of a fire truck for Scott Township; and
WHEREAS, the Board of Trustees of Scott Township (the "Township") has requested this Board to anticipate the collection of taxes levied on property within the Township pursuant to Section 359.43 of the Code of Iowa and to borrow money on its behalf in the amount of $52,000 and to enter into a loan agreement (the "Loan Agreement") and issue a $52,000 Township Fire Equipment Note, pursuant to Sections 359.45 and 331.402 of the Code of Iowa; and
WHEREAS, it is necessary to fix a date of meeting of this Board at which it is proposed to take action to enter into the Loan Agreement and to give notice thereof as required by such law;
NOW, THEREFORE, Be It Resolved by the Board of Supervisors of Fremont County, Iowa, as follows:
Section 1. This Board shall meet on the 10th day of June, 2003, at the Fremont County Courthouse Boardroom, Sidney, Iowa, at 10:00 o’clock a.m., at which time and place a hearing will be held and proceedings will be instituted and action taken to enter into the Loan Agreement.
Section 2. The County Auditor is hereby directed to give notice of the proposed action on the Loan Agreement setting forth the amount and purpose thereof, the time when and place where the said meeting will be held, by publication at least once and not less than four nor more than twenty days before the meeting, in a legal newspaper of general circulation in the County and of general circulation in the Township.
Section 3. All resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict.
Passed and approved June 3, 2003.
ATTEST:
/s/ Lucille
Hunt
/s/ Keith Hickey
Fremont County
Auditor
Chairperson, Board of Supervisors
By June Hardy, Asst. Auditor
At 9:15 a.m. the following resolution was approved:
RESOLUTION NO. 2003-42
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 440440056000000 – W 50’ LTS 7-12 INC, Block 8, in the original town of Imogene, Fremont County, Iowa, according to the recorded plat thereof,
Parcel Number 450450037000000 – LT 15 & E 2’ LT 14, Block 11, in the original town of Randolph, Fremont County, Iowa, according to the recorded plat thereof,
Parcel Number 450450076000000 – LTS 5-10 INC, Block 17, in the original town of Randolph, Fremont County, Iowa, according to the recorded plat thereof,
Parcel Number 450450088000000 – LTS 13 & 15 INC, Block 18, in the original town of Randolph, Fremont County, Iowa, according to the recorded plat thereof,
Parcel Number 470470121000000 – E ½ LTS 8 & 9, Block O, in the original town of Sidney, Fremont County, Iowa, according to the recorded plat thereof,
Parcel Number 470470275000000 – W 50’ LT 3 OL19, in the original town of Sidney, Fremont County, Iowa, according to the recorded plat thereof,
Parcel Number 480480142010000 – E PT OF LT 7 H T WOODS SUBDV, Block 14, in the original town of Tabor, Fremont County, Iowa, according to the recorded plat thereof,
Parcel Number 020020296000000 – N 55’ X 316’ NE COR NE SW PERCIVAL, Section 29, Township 69, Range 43, Fremont County, Iowa, according to the recorded plat thereof,
Parcel Number 020020006000000 – 1 AC NW NW LYG N OF PLUM CRK, Section 5, Township 69, Range 43, Fremont County, Iowa, according to the recorded plate thereof,
WHEREAS, the Fremont County Board of Supervisors proposes to assign the
certificates of purchases at tax sale to the respective cities and interested
parties:
1. Parcel Number 440440056000000 – W 50’ LTS 7-12 INC, Block 8, in the original town of Imogene, Fremont County, Iowa, according to the recorded plat thereof, To the City of Imogene, Iowa,
2. Parcel Number 45045003700 0000 – LT 15 & E 2’ LT 14, Block 11, in the original town of Randolph, Fremont County, Iowa, according to the recorded plat thereof,
Parcel Number 450450076000000 – LTS 5-100
INC, Block 17, in the original town of Randolph,
Fremont County, Iowa, according to the recorded
plat thereof,Parcel Number 450450088000000 – LTS 13 &
15 INC, Block 18, in the original town of Randolph,
Fremont County, Iowa, according to the recorded
plat thereof, to the City of Randolph, Iowa,
3. Parcel Number 470470121000000 – E ½ LTS
8 & 9, Block O, in the original town of Sidney,
Fremont County, Iowa, according to the recorded
plat thereof,
Parcel Number 470470275000000 – W 50’ LT 3
OL19, in the original town of Sidney, Fremont
County, Iowa, according to the recorded plat
thereof, to the City of Sidney, Iowa
4. Parcel Number 020020296000000 – N 55’
X 316’ NE COR NE SW PERCIVAL, in Section
29, Township 69, Range 43, Fremont County, Iowa
according to the recorded plat thereof, to
Jorge L. Valquier-Cruz, 2042 195th Ave, Percival,
Iowa,
5. Parcel Number 020020006000000 – 1 AC
NW NW LYG N OF PLUM CRK, in Section 5,
Township 69, Range 43, Fremont County, Iowa,
according to the recorded plat thereof, to Robert
Roth, 110 East 7th St, Papillion NE, 680466. Parcel Number 480480142010000 – E PT OF LT 7 H T WOODS SUBDV, Block 14, in the original town of Tabor, Fremont County, Iowa, according to the recorded plat thereof, to the City of Tabor, Iowa.
In exchange for the cities and interested parties 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 9:00 a.m. on the19th day of June, 2003, in the Boardroom in the Fremont County Courthouse, Sidney, Iowa, and that the notice of the hearing shall be published as provided by the Iowa Code Section 331.361(2). The Fremont County Auditor is directed to publish a notice of public hearing in the Sidney Argus Herald once, at least four days but not more than twenty days before the date of the public hearing.
Motion to approve made by Aistrope.
Adopted this 3rd day of June, 2003.
ATTEST:
/s/ Lucille
Hunt
/s/ Keith Hickey, Chairman aye
Fremont County
Auditor
/s/ David
Aistrope
aye
By June Hardy, Asst.
Auditor
/s/ Chuck
Larson
aye
At 9:30 a.m. the following resolution was approved. This resolution replaces
Resolution No. 2003-38 because information received from Brent Parker, Iowa DNR,
was in error, that the Board of Health could be designated the contracting
entity and be authorized to sign the 28E Agreement.
RESOLUTION NO. 2003-43
WHEREAS, the Board of Health in Fremont County is mandated to issue well construction permits; and
NOW THEREFORE BE IT RESOLVED this 3rd day of June, 2003, that Chairman Hickey be authorized to sign the 28E Agreement between Fremont County and the Department of Natural Resources to issue private well construction permits.
This Agreement will be recorded in the Fremont County Recorder’s Office and will be sent to the Secretary of States Office for recording after all required signatures are obtained.
Motion to approve made by Larson.
ATTEST:
/s/ Lucille
Hunt
/s/ Keith Hickey, Chairman aye
Fremont County
Auditor
/s/ David
Aistrope
aye
By June Hardy, Asst.
Auditor
/s/ Chuck
Larson
aye
Claims for June 6, 2003 were approved.
There being no further business, meeting was adjourned.
ATTEST:
Fremont County Auditor Keith Hickey, Chairman
June 5, 2003:
The Fremont County Board of Supervisors met in regular session on Thursday,
June 5, 2003, in the Fremont County Courthouse, Boardroom, with Hickey, Aistrope
and Larson present. A quorum was declared and the meeting officially called to
order at 9:00 a.m. Motion was made by Aistrope to amend the agenda for 9:30 a.m.
because the County Attorney is unable to attend the meeting today and to
continue the question of supplying books for the County Attorney to a later
date. Larson, aye; Hickey, aye; Aistrope, aye. The remainder of the agenda was
approved. Minutes of the previous Board session were read and approved.
At 9:00 a.m. motion was made by Aistrope to authorize Chairman Hickey to sign the change order for O’Neal Electric to add two additional fire alarm strobe lights in the second floor bathrooms per State Marshal Request. Larson, aye; Hickey, aye; Aistrope, aye.
The Board signed and sent a news release to the County papers to explain Public Health in Fremont County.
At 10:00 a.m. Aistrope moved to authorize Chairman Hickey to sign the approval of a temporary detour of traffic from Highway 59 onto the following county roads. Nishna Road from Highway 59 to Manti Road and Manti Road from Nishna Road to Highway 2, for the purpose of allowing RAGBRAI riders to use Highway 59 safely from 6:00 a.m. to 9:00 a.m. on July 21, 2003. Larson, aye; Hickey, aye; Aistrope, aye.
At 10:30 a.m. Sandie Sillers, Fremont County CPC, met with the Board. Motion was made by Aistrope to authorize Chairman Hickey to sign the "Financial and Statistical Report for Purchase of Service Contracts" for Fremont County Case Management, for FYE June 30, 2004. Larson, aye; Hickey, aye; Aistrope, aye.
In other business, the Recorder’s Monthly Report of Fees Collected was approved.
There being no further business, meeting was adjourned.
ATTEST:
Fremont County Auditor Keith Hickey, Chairman
June 10, 2003:
The Fremont County Board of Supervisors met in regular session on Tuesday, June 10, 2003, in the Fremont County Courthouse, Boardroom, with Hickey 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. Minutes of the previous Board session were read and approved.
At 9:00 a.m. motion was made by Larson to authorize Chairman Hickey to sign the Solutions Support Agreements for fiscal year 2003/2004. Larson, aye; Hickey, aye.
At 9:15 a.m. Larson moved to authorize Chairman Hickey to sign the cover sheet for Project L-5-22-3, RCB Culvert Replacement (Anderzhon Box). Larson, aye; Hickey, aye.
At 10:00 a.m. the Board met for taking action on the proposal to enter into a $52,000 Loan Agreement for a Scott Township Fire Equipment Note. Chairman Hickey called for any written or oral objections and there were none. After due consideration and discussion, Supervisor Larson introduced the resolution and moved its adoption, seconded by Supervisor Hickey. Larson, aye; Hickey, aye. Whereupon, Chairman Hickey declared the resolution duly adopted. On motion and vote the hearing was adjourned.
RESOLUTION NO. 2003-44
Authorizing and approving a Loan Agreement and providing for the issuance of a $52,000 Township Fire Equipment Note and the levy of taxes to pay the same
WHEREAS, the Board of Trustees of Scott Township (hereinafter referred to as the "Township") has heretofore authorized and requested this Board to anticipate the collection of taxes levied on property within the Township pursuant to Section 359.43 of the Code of Iowa and to borrow money on their behalf in the amount of $52,000 to provide funds to pay the cost, to that extent, of acquiring certain fire equipment for the Township, and to enter into a loan agreement (the "Loan Agreement") and issue $52,000 Township Fire Equipment Notes pursuant to Sections 359.45 and 331.402 of the Code of Iowa; and
WHEREAS, the County has heretofore proposed to contract such indebtedness and has published notice of the proposed action and has held a hearing thereon; and
WHEREAS, it is necessary at this time to authorize and approve the Loan Agreement and to make provision for the issuance of a Township Fire Equipment Note in the principal amount of $52,000 (the "Note") in evidence of the obligation of the County under the Loan Agreement;
NOW, THEREFORE, Be It Resolved by the Board of Supervisors of Fremont County, Iowa, as follows:
Section 1. The County hereby determines to enter into a loan agreement (the "Loan Agreement") with Randolph State Bank, Randolph, Iowa, as lender (the "Lender"), in substantially the form as has been placed on file with the Board, providing for a loan to the County in the principal amount of $52,000 for the purpose or purposes set forth in the preamble hereof.
The Chairperson and County Auditor are hereby authorized and directed to sign the Loan Agreement on behalf of the County, and the Loan Agreement is hereby approved.
Section 2. The Note is hereby authorized to be issued in the principal amount of $52,000, and shall be dated as of the date of its delivery to the Lender and shall be payable as to both principal and interest in the matter hereinafter specified.
The County Auditor is hereby designated as the registrar and paying agent for the Note and may be hereinafter referred to as the "Registrar" or the "Paying Agent".
Principal of the Note shall bear interest until paid from the date of the Note or from the last date on which interest has been paid at the rate of 4 per cent per annum. Both principal of and interest on the Note shall be payable in 6 equal annual installments in the amount of $8,500 each, due on June 1 of each of the years 2004 to 2009, inclusive, with one final installment of all remaining principal and interest due thereon at maturity on June 1, 2010. All payments shall be applied first to the payment of interest due and next to the reduction of principal.
Payment of both principal and interest on the Note shall be made to the registered owner appearing on the registration books of the County at the close of business on the fifteenth day of the month next preceding the payment date and shall be paid by check or draft mailed to the registered owner at the address shown on such registration books; provided, however, that the final installment of principal and interest shall be payable only upon presentation and surrender of the Note to the Paying Agent.
The County reserves the right to prepay principal of the Note in whole or in part at any time prior to and in inverse order of maturity on terms of par and accrued interest. All principal so prepaid shall cease to bear interest on the prepayment date.
The County hereby pledges the faith, credit, revenues and resources and all of the real and personal property of the Township for the full and prompt payment of the principal of and interest on the Note.
The Note shall be executed on behalf of the County with the official manual or facsimile signature of the Chairperson and attested by the official manual or facsimile signature of the County Auditor and shall have the County’s seal impressed or printed thereon and shall be a fully registered Note without interest coupons. In case any officer whose signature or the facsimile of whose signature appears on the Note shall cease to be such officer before the delivery of the Note, such signature or such facsimile signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery.
The Note shall be fully registered as to principal and interest in the name of the owner on the registration books of the County kept by the Registrar, and after such registration, payment of the principal thereof and interest thereon shall be made only to the registered owner or its legal representatives or assigns. The Note shall be transferable without cost to the registered owner thereof only upon the registration books of the County upon presentation to the Registrar, together with either a written instrument of transfer satisfactory to the Registrar or the assignment form thereon completed and duly executed by the registered owner or the duly authorized attorney for such registered owner.
The record and identity of any owners of the Note shall be kept confidential as provided by Section 22.7 of the Code of Iowa.
Section 3. The Note shall be in substantially the following form:
Section 4. The Note shall be executed as herein provided as soon after the adoption of this resolution as may be possible and thereupon shall be delivered to the Registrar for registration and delivery to the Lender, upon receipt of the loan proceeds, and all action heretofore taken in connection with the Loan Agreement is hereby ratified and confirmed in all respects.
Section 5. Pursuant to Chapter 76 and Section 359.43 of the Code of Iowa and for the purpose of providing for the levy and collection of a direct annual tax sufficient to pay the principal of and interest on the Note as the same become due, there is hereby ordered levied on all the taxable property within the Township, excluding property within any benefited fire district or within the corporate limits of any city, in each of the years while the Note is outstanding, a tax sufficient for that purpose, and in furtherance of this provision, but not in limitation thereof, there has been and there is hereby levied on all such taxable property as aforesaid the following direct annual tax for collection in each of the following fiscal years, to-wit:
For collection in the fiscal year beginning July 1, 2004, sufficient to produce the net annual sum of $8,500;
For collection in the fiscal year beginning July 1, 2005, sufficient to produce the net annual sum of $8,500;
For collection in the fiscal year beginning July 1, 2006, sufficient to produce the net annual sum of $8,500;
For collection in the fiscal year beginning July 1, 2007, sufficient to produce the net annual sum of $8,500;
For collection in the fiscal year beginning July 1, 2008, sufficient to produce the net annual sum of $8,500;
For collection in the fiscal year beginning July 1, 2009, sufficient to produce the net annual sum of $9,720.
Section 6. A certified copy of this resolution shall be filed with the County Auditor, and said Auditor shall be and is hereby instructed to enter for collection and assess the tax hereby authorized. When annually entering such taxes for collection, the County Auditor shall include the same as a part of the tax levy for Debt Service Fund purposes of the County and when collected, the proceeds of the taxes shall be converted into the Debt Service Fund of the County and set aside therein as a special account to be used solely and only for the payment of the principal of and interest on the Note hereby authorized and for no other purpose whatsoever.
Section 7. The interest or principal and both of them falling due in any year or years shall, if necessary, be paid promptly from current available funds of the Township in advance of taxes levied and when the taxes shall have been collected, reimbursement shall be made to such current funds in the sum thus advanced.
Section 8. It is the intention of the County that interest on the Note be and remain excluded from gross income for federal income tax purposes pursuant to the appropriate provisions of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations in effect with respect thereto (all of the foregoing herein referred to as the "Internal Revenue Code"). In furtherance thereof, the County covenants to comply with the provisions of the Internal Revenue Code as they may from time to time be in effect or amended and further covenants to comply with the applicable future laws, regulations, published rulings and court decisions as may be necessary to insure that the interest on the Note will remain excluded from gross income for federal income tax purposes. Any and all of the officers of the County are hereby authorized and directed to take any and all actions as may be necessary to comply with the covenants herein contained.
The County hereby designates the Note as a "Qualified Tax Exempt Obligation" as that term is used in Section 265(b)(3)(B) of the Internal Revenue Code.
Section 9. All resolutions or parts thereof in conflict herewith be and the same are hereby repealed to the extent of such conflict.
Passed and approved on June 10, 2003.
ATTEST:
/s/ Lucille
Hunt
/s/ Keith Hickey
Fremont County
Auditor
Chairperson, Board of Supervisors
In other business, the Sheriff’s Monthly Report of Fees Collected was approved. Payroll for June 13, 2003 was approved. The following handwritten warrant was approved. General Basic Fund: Huebner Improvements, Bldg. Rpr., $3,388.07.
There being no further business, meeting was adjourned.
ATTEST:
Fremont County Auditor Keith Hickey, Chairman
June 12, 2003:
The Fremont County Board
of Supervisors met in regular session on Thursday, June 12, 2003, in the
Fremont County Courthouse, Boardroom, with Hickey 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. Minutes of
the previous Board session were read and approved.
Gene Belknap met with the Board to inquire about the position of Fremont County Weed Commissioner. He is certified and currently works for the Secondary Road Department taking care of weeds in the right of way.
Motion was made by Larson
to appoint Gene Belknap as temporary Weed Commissioner with the position
being posted in the Secondary Road Department and the Courthouse for fiscal
year 2003/2004. Hickey, aye;
Larson, aye.
Glen Stenzel stopped by to
visit with the Board in regards to the condition of the shoulders on Highway
333. He said DOT has not mowed
the shoulders of the road and the brome and weeds are so tall you can’t
see the deer until they are on the road.
The deer are a real hazard on that stretch of highway. The Board told him that the county had to take transfer of
Highway 333 on July 1, 2003. Stenzel
said the shoulders of the road were in poor condition and the DOT should
have never let them get that way.
There being no further business, meeting was adjourned.
ATTEST:
Fremont County
Auditor
Keith Hickey, Chairman
June 17, 2003:
The Fremont County Board of Supervisors met in regular session on Tuesday, June 17, 2003, in the Fremont County Courthouse, Boardroom, with Hickey 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. Minutes of the previous Board session were read and approved.
At 9:00 a.m. County Engineer Dan Davis met with the Board. Motion was made by Larson to authorize Chairman Hickey to sign the Hungry Canyons Project Agreement/Cost Share for Project FM-CO36(33)55-36. Larson, aye; Hickey, aye.
At 9:30 a.m. the following resolution was approved.
RESOLUTION PROVIDING FOR A PUBLIC HEARING AND PUBLICATION OF NOTICE ON AN APPLICATION FOR A SPECIAL USE PERMIT
WHEREAS, the Zoning Commission held a Public Hearing on June 10, 2003, concerning a Special Use Permit for a used auto dealership on land zoned as agricultural on property located as follows: Legal Description: A tract of land in the NW corner of the NW ¼ of Section 35, Township 69 North, Range 43 West of the 5th P.M., Fremont County, Iowa, more particularly described as follows: Commencing at the NW corner of Section 35, thence running South 361.5 feet, thence East and parallel to the North line of said Section 361.5 feet, thence North parallel to the West line of the quarter section a distance of 361.5 feet to the North line of the Section, thence West a distance of 361.5 feet to the place of beginning consisting of three acres, more or less. The applicant of the proposed Special Use is Curt Lemrick, 2104 220th Avenue, Percival, Iowa 51648, and
WHEREAS, the Zoning Commission considered the application and has voted to recommend the issuance of a Special Use Permit with the one stipulation that the special use be nontransferable.
THEREFORE, be it resolved that a Public Hearing shall be held on the 26th day of June, 2003, at 10:00 a.m., at the Fremont County Courthouse, Boardroom, Sidney, Iowa, concerning the application for a Special Use Permit as recommended by the Zoning Commission, as provided for in the Zoning Ordinance of Fremont County, Iowa, and that the notice of the hearing shall be published as provided by the Iowa Code Section 331.361(2). The Fremont County Auditor is directed to publish a notice of public hearing in the Sidney Argus Herald once, at least four days but not more than twenty days before the date of the public hearing.
Motion to approve made by Larson.
ATTEST:
/s/ Lucille
Hunt
Keith Hickey, Chairman aye
Fremont County
Auditor
David
Aistrope
absent
Chuck
Larson
aye
At 9:45 a.m. the following resolution was approved.
A RESOLUTION PROVIDING FOR A PUBLIC HEARING AND PUBLICATION OF NOTICE FOR THE SALE OF A ONE STORY, 3 BEDROOM HOUSE, (to be moved) LOCATED AT 809 OHIO STREET, SIDNEY, IOWA 51652
WHEREAS, the Fremont County Board of Supervisors received a bid of $500.00 for the one story, 3 bedroom house, "as is", located at 809 Ohio Street, Sidney, Iowa 51652, and
WHEREAS, the house is to be moved or torn down within 90 days of acceptance of the bid and the house must be paid for within 10 days after the bid has been accepted, and
WHEREAS, other bidders will have the opportunity to place a bid and/or raise their bid until the house is sold. Other bidders may contact the Fremont County Sheriff’s Office if you wish to inspect the house. The Board of Supervisors has the right to reject any and all bids. The bidder will furnish the liability insurance, and
WHEREAS, Iowa Code Section 331.361 requires the Board of Supervisors to hold a public hearing prior to approving the proposal, and
WHEREAS, Iowa Code Section 331.316 directs the Board of Supervisors to publish notice of the public hearing at least once, not less than four (4) nor more than twenty (20) days prior to the public hearing pursuant to Iowa Code Section 331.305
THEREFORE, BE IT RESOLVED, a Public Hearing will be held at 11:00 a.m. on the 3rd day of July, 2003, in the Boardroom at the Fremont County Courthouse, Sidney, Iowa, and the Fremont County Auditor shall publish a notice of public hearing in the Sidney Argus Herald at least once, not less than four (4) nor more than twenty (20) days prior to the public hearing.
Passed this 17th day of June, 2003.
Moved by Larson.
ATTEST:
/s/ Lucille
Hunt
/s/ Keith Hickey, Chairman aye
Fremont County
Auditor
David
Aistrope
absent
By June Hardy, Asst.
Auditor
/s/ Chuck
Larson
aye
The following claims were approved.
There being no further business, meeting was adjourned.
ATTEST:
Fremont County Auditor Keith Hickey, Chairman
June 19, 2003:
The Fremont County Board of Supervisors met in regular session on Thursday, June 19, 2003, in the Fremont Courthouse, Boardroom, with Hickey 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. Minutes of the previous Board session were read and approved.
At 9:00 a.m. a public hearing to assign Certificates of Purchase at Tax Sale now held by Fremont County was held. Present were Mayor of Imogene Angela Pelster, Mayor of Sidney Doug Hobbie and City Councilman of Tabor Ross Silcock. Gene Eaton, Attorney for Robert Roth, telephoned the Auditor and said Mr. Roth was not interested in the assignment of tax sale certificate to parcel number 020020006000000, so it was not authorized to be assigned. The Treasurer reported to the Auditor that Parcel Numbers 450450088000000 and 470470121000000 were redeemed. After discussion motion was made by Larson to approve the remaining assignments. Larson, aye; Hickey, aye.
RESOLUTION NO. 2003-47
RESOLUTION APPROVING THE ASSIGNMENT OF CERTIFICATE OF PURCHASE AT TAX SALE TO THE FOLLOWING:
WHEREAS, the Cities of Imogene, Randolph and Sidney, Fremont County, Iowa, and interested parties are desirous of obtaining certificates of tax sale purchases for the following:
1. Parcel Number 440440056000000 – W 50’ LTS 7-12 INC,
Block 8, in the original town Imogene, Fremont County, Iowa,
according to the recorded plat thereof, to the City of Imogene,
Imogene, Iowa,
2. Parcel Number 450450037000000 – LT 15 & E 2’ LT 14, Block
11, in the original town of Randolph, Fremont County, Iowa,
according to the recorded plat thereof, Parcel Number
450450076000000 – LTS 5-10 INC, Block 17, in the original town
of Randolph,Fremont County, Iowa, according to the recorded
plat
thereof, to the City of Randolph, Iowa
3. Parcel Number 470470275000000 – W 50’ LT 3 OL19, in the original town of Sidney, Fremont County, Iowa, according to the recorded plat thereof, to the City of Sidney, Iowa,
4. Parcel Number 020020296000000 – N 55’ X 316’ NE COR NE SW PERCIVAL, in Section 29, Township 69, Range 43, Fremont County, Iowa according to the recorded plat thereof, to Jorge L. Valquier-Cruz, 2042 195th Ave., Percival, Iowa,
5. Parcel Number 480480142010000 – E PT of LT 7 H T WOODS SUBDV, Block 14, in the original town of Tabor, Fremont County, Iowa, according to the recorded plat thereof, to the City of Tabor, Iowa.
In exchange for the cities and interested parties 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.
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 19th day of June, 2003, and,
WHEREAS, the transfer of said certificates of tax purchases to the respective cities and above interested parties is in the better interest of the County and is in the better interest of the cities and above interested parties to enable them 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, with all current and delinquent taxes abated.
IT IS SO RESOLVED, this 19th day of June, 2003.
ATTEST:
/s/ Lucille
Hunt
/s/ Keith Hickey, Chairman aye
Fremont County
Auditor
David
Aistrope
absent
/s/ Chuck
Larson
aye
RESOLUTION NO. 2003-48
ASSIGNMENT OF CERTIFICATE OF TAX SALE PURCHASE
Fremont County does hereby transfer the certificates of tax sale purchases regarding the described real estate as follows:
1. Parcel Number 440440056000000 – W 50’ LTS 7-12 INC, Block 8, in the original town Imogene, Fremont County, Iowa, according to the recorded plat thereof, to the City of Imogene, Iowa,
2. Parcel Number 450450037000000 – LT 15 & E 2’ LT 14, Block 11, in the original town of Randolph, Fremont County, Iowa, according to the recorded plat thereof, Parcel Number 450450076000000 – LTS 5-10 INC, Block 17, in the original town of Randolph Fremont County, Iowa, according to the recorded plat thereof, to the City of Randolph, Iowa,
3. Parcel Number 470470275000000 – W 50’ LT 3 OL19, in the original town of Sidney, Fremont County, Iowa, according to the recorded plat thereof, to the City of Sidney, Iowa,
4. Parcel Number 020020296000000 – N 55’ X 316’ NE COR NE SW PERCIVAL, in Section 29, Township 69, Range 43, Fremont County, Iowa according to the recorded plat thereof, to Jorge L. Valquier-Cruz, 2042 195th Ave., Percival, Iowa,
5. Parcel Number 480480142010000 – E PT OF LT 7 H T WOODS SUBDV, Block 14, in the original town of Tabor, Fremont County, Iowa, according to the recorded plat thereof, to the City of Tabor, Iowa.
The County shall endorse the tax sale certificate as necessary to complete this assignment.
Dated this 19th day of June, 2003.
ATTEST:
/s/ Lucille Hunt /s/ Keith Hickey, Chairman
Fremont County Auditor
STATE OF IOWA, FREMONT COUNTY SS:
On this 19th day of June, 2003, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Keith Hickey, 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 9:10 a.m. bids were received for a motor grader. County Engineer Dan Davis, Mike Batenhorst and Chris Larson from Murphy Tractor and Equipment Co., Inc. were present. One bid was received from Murphy Tractor & Equipment Co., Inc., Omaha, Nebraska, for a 2003 John Deere 770CH II S/N DW770CH586624, with twenty hours, for $164,300.00 less $60,000.00 trade in allowance for a net price with trade of $104,300.00 with a buy back of $75,000.00. The trade-in is a 1998 John Deere 770CH DW770CH568905. Davis recommended the Board accept the only bid received. Motion was made by Larson to accept the bid from Murphy Tractor and Equipment Co., Inc. for $104,300.00. Larson, aye; Hickey, aye.
At 10:00 a.m. motion was made by Larson to approve the renewal of off premise beer and Sunday Sales liquor license for K & M Lyons Inc. Larson, aye; Hickey, aye.
At 11:00 a.m. County Attorney Vicki Danley met with the Board in regards to a lease agreement for the County Attorney’s office, 2002/2003 rent for office space and release of claim against the county. Vicki said she proposed a counter proposal on a lease agreement to her attorney but the Supervisors' attorney and her attorney have not responded to the counter proposal and she just wants to get all of this behind her. Hickey said that he has not seen any of the proposed lease agreements and that the attorney for the Supervisors is handling the lease. Vicki said she respects that and would like for all of them to sit down together and resolve this issue. Hickey said he fully agrees and would like for that to happen. Vicki said she will contact her attorney and see what can be done. The claim for the rent will be set aside until both sides come to an agreement and a lease is signed.
There being no further business, meeting was adjourned.
ATTEST:
Fremont County
Auditor
Keith Hickey, Chairman
June 24, 2003:
The Fremont County Board of Supervisors met in regular session on Tuesday, June 24, 2003, in the Fremont County Courthouse, Boardroom, with Hickey 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. Minutes of the previous Board session were read and approved.
At 9:15 a.m. Granville Williams met with the Board with a drainage problem on his land north of Farragut. The Board told Mr. Williams that his property is not in a drainage district and they cannot do anything for him. The suggested he contact the adjoining landowners and see if they would help clean the ditch on these properties.
Payroll for June 27, 2003 was approved.
There being no further business, meeting was adjourned.
ATTEST:
Fremont County Auditor Keith Hickey, Chairman
June 26, 2003:
The Fremont County Board of Supervisors met in regular session on Thursday, June 26, 2003, in the Fremont County Courthouse, Boardroom, with Hickey 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. Minutes of the previous Board session were read and approved.
At 9:00 a.m. the following resolution was approved.
RESOLUTION NO. 2003-49
RESOLUTION ABATING TAXES ON LAND OWNED BY CITY OF RANDOLPH
WHEREAS, the City of Randolph now owns certain property in Randolph, Fremont County, Iowa, Parcel No. 450450150000000, described as: 66' X 286' NE COR OF SE NW, Section 16, Twp 70, Range 41, City of Randolph, Fremont County, Iowa, according to the recorded plat thereof.
WHEREAS, the property has been owned by the City of Randolph 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 real property taxes 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 26th day of June, 2003.
Motion by Larson.
ATTEST:
/s/ Lucille
Hunt
/s/ Keith Hickey, Chairman aye
Fremont County
Auditor
David
Aistrope
absent
By June Hardy, Asst.
Auditor
/s/ Chuck
Larson
aye
At 9:05 a.m. Gary Moles, Larry Aspedon and Janeth Winkler met with the Board. Motion was made by Larson to authorize Chairman Hickey to sign a Memorandum of Understanding concerning the Grants-to-Counties Program for Iowa Department of Public Health.
After discussion, and due to the Sheriff's Department being overspent, an appropriation resolution needs to be approved moving money from Communications to the Sheriff's Department to cover expenses.
RESOLUTION NO. 2003-50
BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 26th day of June, 2003, that the following change in appropriation be made:
Expenditures
Increase
01000-01000-635-05 by $3,820.00
Decrease 01000-01040-260-37 by $2,600.00
Decrease 01000-01040-431-37 by $1,220.00
Motion to approve made by Larson.
ATTEST:
/s/ Lucille
Hunt
/s/ Keith Hickey, Chairman aye
Fremont County
Auditor
David
Aistrope
absent
By June Hardy, Asst.
Auditor
/s/ Chuck
Larson
aye
At 9:30 a.m. Judy Crain and Heidi Stewart met with the Board and the following resolutions were approved.
RESOLUTION NO. 2003-51
RESOLUTION TO CANCEL TAX SALE CERTIFICATE 2003-03136
WHEREAS, the Parcel No. 490 490 035 000 000 describing W 72' Lots 6 & 7 Block F
The above described parcel was sold on Tax Sale June 16, 2003 to Mrs. Marilyn Chambers. Mrs. Chambers attended the Tax Sale June 16, 2003 and purchased this parcel in error. The Fremont County Treasurer was able to allow Mrs. Chambers to purchase the correct parcel due to the fact that no other investor had purchased this particular parcel at the Tax Sale. However the first parcel that Mrs. Chambers purchased was in error and the Fremont County Treasurer is requesting that the tax sale certificate be cancelled.
There is another investor willing to purchase this parcel as an adjournment sale therefore; the funds will be collected as if there was no error.
IT IS HEREBY RESOLVED that the Tax Sale Certificate 2003-03136 is cancelled.
BE IT FURTHER resolved that the Auditor and Treasurer shall enter such changes required to waive the assignment fee.
Dated the 26th day of June, 2003.
Motion by Larson, seconded by Hickey, carried unanimously.
ATTEST:
/s/ Lucille
Hunt
/s/ Keith Hickey, Chairman aye
Fremont County
Auditor
David
Aistrope
absent
By June Hardy, Asst.
Auditor
/s/ Chuck
Larson
aye
RESOLUTION NO. 2003-52
RESOLUTION WAIVING THE ASSIGNMENT FEE FOR TAX SALE CERTIFICATE 2003-03052
WHEREAS, the owner of Tax Sale Certificate 2003-03052 for Parcel 280 280 018 000 000 is willing to assign the certificate to Mr. Howard Vaughn. Mr. Vaughn attended the Fremont County Tax Sale on June 16, 2003 and was interested in one specific parcel owned by Opal E. Ware deceased. Mr. Vaughn purchased a parcel at the Tax Sale, but he purchased the incorrect parcel. Therefore, to satisfy both parties, the Fremont County Treasurer is requesting the assignment of Tax Sale Certificate 2003-03052 to Mr. Vaughn with no assignment fee required.
IT IS HEREBY RESOLVED that the assignment fee for the Tax
Sale Certificate 2003-03052 is waived.
BE IT FURTHER resolved that the Auditor and Treasurer shall enter such
changes required to waive the assignment fee.
Dated the 26th day of June, 2003.
Motion by Larson, seconded by Hickey, carried unanimously.
ATTEST:
/s/ Lucille
Hunt
/s/ Keith Hickey, Chairman aye
Fremont County
Auditor
David
Aistrope
absent
By June Hardy, Asst.
Auditor
/s/ Chuck
Larson
aye
At 10:00 a.m. the Board met for the Public Hearing on an Application for Special Use Permit as recommended by the Zoning Commission. The applicant for the Special Use is Curt Lemrick, 2104 220th Ave., Percival, Iowa and the proposed Special Use is for an auto dealership on land zoned as agricultural. There were no written comments and no one appeared at the hearing. The following resolution was approved.
RESOLUTION NO. 2003-53
WHEREAS an application has been received and a Public Hearing held 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 26th day of June, 2003. Motion to adopt resolution made by Chuck Larson and seconded by Keith Hickey.
ATTEST:
/s/ Lucille
Hunt
/s/ Keith Hickey, Chairman aye
Fremont County
Auditor
David
Aistrope
absent
By June Hardy, Asst.
Auditor
/s/ Chuck
Larson
aye
SPECIAL USE PERMIT
The Fremont County, Iowa, Board of Supervisors, pursuant to the provisions of the Fremont County Zoning Ordinance and Chapter 335 of the 2001 Code of Iowa, as amended, hereby authorize the following special use, which shall be nontransferable: A small used auto dealership
The special use shall be located on the following property:
Legal Description: A tract of land in the NW corner of the NW 1/4 of Section 35, Township 69 North, Range 43 West of the 5th P.M., Fremont County, Iowa, more particularly described as follows: Commencing at the NW corner of Section 35, thence running South 361.5 feet, thence East and parallel to the North line of said Section 361.5 feet, thence North and parallel to the West line of the quarter section a distance of 361.5 feet to the North line of the Section, thence West a distance of 361.5 feet to the place of beginning consisting of three acres, more or less.
The applicant for the special use is as follows: Curt Lemrick, 2104 220th Avenue, Percival, Iowa 51648.
Date of issuance: June 26, 2003.
/s/ Keith Hickey, Chairman
Board of Supervisors
Fremont County, Iowa
The Board evaluated the public purpose served by expending funds to economic development. FREDCO has contributed to employment and population in Fremont County and this in turn reflects on the increase in the tax base for Fremont County. Therefore a motion was made by Larson to contribute $6500 to FREDCO. Vote: Hickey, aye; Larson, aye.
The following claims were approved for June 27, 2003.
Applications for cigarette permits were approved for Percival Farm Service, Inc. and K & M Lyons dba The Junction.
There being no further business, meeting was adjourned.
ATTEST:
Fremont County
Auditor
Keith Hickey, Chairman