Board of Supervisors Minutes

June 2007

June 5, 2007:

The Fremont County Board of Supervisors met in regular session on Tuesday, June 5, 2007, in the Fremont County Courthouse Boardroom with Larson, Whipple and Hendrickson present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Minutes of the previous board session were read and approved. The agenda was approved as posted.

Let the records show Patricia Rengifo was present for this meeting.

At 9:00 a.m. Whipple made a motion to approve the following Resolution No. 2007-34. Hendrickson, aye; Whipple, aye, Larson, aye.

RESOLUTION NO. 2007-34

Whereas, Iowa Code section 52.7, subsection 1, paragraph "1", as amended by 2007 Iowa Acts, Senate File 369, requires voting systems to provide a paper record for review by the voter, and

Whereas, 2007 Iowa Acts House File 911, section 1, subsection 13, requires the county board of supervisors to submit to the office of secretary of state a resolution adopted by the board declaring the method by which the county intends to comply with section 52.7, subsection 1, paragraph "1", 2007 Iowa Acts, Senate File 369, by June 15, 2007,

Therefore We, the Board of Supervisors of Fremont County hereby resolve that we intend to comply with section 52.7, subsection 1, paragraph "1", 2007 Iowa Acts, Senate File 369 as follows:

Option C. Fremont County’s primary voting system is an optical scan system with direct recording electronic voting machines (DRE) for accessibility and the county intends to add paper record printer attachments that are compatible with the county ‘s current DRE voting machines. Full re-imbursement funds are available from the state for this option.

Done at Sidney, Iowa, the county seat of Fremont County on this 5th day of June 2007.

ATTEST:

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

At 9:15 a.m. Mike Fox, Fremont County Landfill, presented the Board with a formal request to issue a General Obligation Bond on behalf of the Commission to finance the construction of a new Subtitle D cell, a new office building, and the projected purchase of a scraper. The Subtitle D cell is required by the Iowa Department of Natural Resources for the Fremont County Landfill to remain open and continue to accept solid waste. Also present was Ross Silcock. Motion was made by Whipple to authorize Chairman Larson to sign the Financial Assurance Letter. Hendrickson, aye; Whipple, aye; Larson, aye.

Motion was made by Whipple to approve the following Resolution 2007-35. Hendrickson, aye; Whipple, aye; Larson, aye.

RESOLUTION NO. 2007-35

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 a principal amount not to exceed $1,300,000 pursuant to the provisions of Section 331.402 of the Code of Iowa for the purpose of paying the cost, to that extent, of constructing improvements to county solid waste disposal facilities; 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 21st day of June 2007, 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.

The notice shall be in substantially the following form:

NOTICE OF PROPOSED ACTION TO INSTITUTE PROCEEDINGS TO ENTER INTO A LOAN AGREEMENT IN A PRINCIPAL AMOUNT NOT TO EXCEED $1,300,000

The Board of Supervisors of Fremont County, Iowa will meet on the 21st day of June, 2007, at the Fremont County Courthouse Boardroom, Sidney, Iowa, at 10:00 o’clock a.m., for the purpose of instituting proceedings and taking action to enter into a loan agreement (the "Loan Agreement") in a principal amount not to exceed $1,300,000 for the purpose of paying the cost, to that extent, of constructing improvements to county solid waste disposal facilities.

The Loan Agreement is proposed to be entered into pursuant to authority contained in Section 331.402 of the Code of Iowa. The Loan Agreement will constitute a general obligation of the County.

At the aforementioned time and place, oral or written objections may be filed or made to the proposal to enter into the Loan Agreement. After receiving objections, the County may determine to enter into the Loan Agreement, in which case, the decision will be final unless appealed to the District Court within fifteen (15) days thereafter.

By order of the Board of Supervisors of Fremont County, Iowa.

/s/ Joan Kirk, County Auditor

Section 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict.

Passed and approved June 5, 2007.

ATTEST:

/s/ Joan Kirk, County Auditor                                                                                 /s/ Chuck Larson, Chairperson, Board of Supervisors

At 9:45 a.m. Jim Owen, Assistant to County Engineer, met with the Board. Motion was made by Whipple to authorize Chairman Larson to sign a Work in ROW Permit for Rollin’ Hills Farm/Mike Moody, for M16 Box, Project FM-CO36(46)--55-36. Hendrickson, aye; Whipple, aye; Larson, aye.

Motion was made by Hendrickson to approve a FEMA Application for Flood Assistance for Fremont County Secondary Road Department. Whipple, aye; Hendrickson, aye; Larson, aye.

STATE OF IOWA

APPLICATION FOR FEDERAL/STATE ASSISTANCE DESIGNATION OF APPLICANT’S AUTHORIZED RESPRESENTATIVE

RESOLUTION NO. 2007-36

The signatures of the individual(s) named below shall be recognized as certification that, to the best of their knowledge and belief, the information on this application is complete and accurate, and that their respective designation to sign and file documents on behalf of the applicant cited is authorized by this official resolution, or by the governing body of the applicant as legally binding.

The person named below is the Authorized Representative for the Fremont County Secondary Road Department

Printed Name: Daniel R. Davis Signature: /s/ Daniel R. Davis
Title: Fremont County Engineer Organization: Fremont County Secondary Road Department
Address: 2014 290th Avenue
City: Sidney , IA Zip: 51652
Business Phone#: (712)374-2613 Fax#: (712)374-2222 Home Phone#: (712)374-2148
Cellular #: (712)215-2108 E-Mail address: ddavis@co.fremont.ia.us

Person named above can sign and file documents with Iowa Homeland Security and FEMA for the purpose of obtaining Federal/State financial assistance under the Disaster Relief Act (1705) or otherwise available from the President’s Disaster Relief Fund and the Code of Iowa, Chapter 29C.

Others that may provide information in these matters are:

Printed Name: James E. Owen Signature: /s/ James E. Owen
Title: Assistant to the Engineer Organization: Fremont County Secondary Road Department
Address: 2014 290th Avenue
City: Sidney, IA Zip: 51652
Business Phone#: (712)374-2613 Fax#: (712)374-2222 Home Phone#: (712)382-2496
Cellular#: (402)657-3540 E-mail address: jowen@co.fremont.ia.us

NOW THEREFORE BE IT RESOLVED that the Fremont County Board of Supervisors recognizes the above named persons as authorized representatives for Federal/State assistance to sign and file all documents and conduct all business related to this assistance.

Motion to approve made by Hendrickson.

Approved this 5th day of June, 2007

ATTEST:

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

Motion was made by Hendrickson to authorize Chairman Larson to sign DOT final payment voucher with Kirkham-Michael for M16 Box, Project FM-CO36(46)--55-36. Whipple, aye; Hendrickson, aye; Larson, aye.

At 10:00 a.m. the public hearing for a budget amendment was held. After discussion and with no objection, Hendrickson made a motion to close the hearing and adopt the amendment. The following Resolution 2007-37 was passed.

RESOLUTION NO. 2007-37

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 5th day of June 2007, that the following change in appropriation be made:

Expenditures

Increase 01000-09100-481-99-993 + $7,500
Increase 01000-09100-481-99-994 + $12,900
Increase 01000-09100-481-99-995 + $7,500
Increase 01000-09100-481-99-996 + $2,100
Increase 01000-09010-429-02 + $10,700
Increase 12000-08110-632-07 + $5,000
Increase 01000-06120-202-22 + $8,000
Increase 01000-06120-241-22 + $4,000
Increase 01000-06120-250-22 + $4,000
Increase 01000-06120-447-22 + $6,000
Increase 23000-06110-481-22 + 3,442

Revenue

Increase 23000-06000-2740-22 + $3,117
Increase 01000-00051-1300-99-993 + $7,500
Increase 01000-00051-1300-99-994 + $12,900
Increase 01000-00051-1300-99-995 + $7,500
Increase 01000-00051-1300-99-996 + $2,100

Motion to approve made by Hendrickson.

ATTEST:

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

At 10:30 a.m. Dee Owen, Auditor’s Office, met with the Board requesting board approval of retroactive homestead disallowance for 2006. Whipple made a motion to approve the disallowance. Hendrickson, aye; Whipple, aye; Larson, aye.

Payroll and claims were approved for June 8, 2007.

At 10:30 a.m., there being no further business, Whipple made a motion to adjourn. Whipple, aye; Hendrickson, aye; Larson, aye.

ATTEST:

Fremont County Auditor                                                                                 Chuck Larson, Chairman

June 7, 2007:

The Fremont County Board of Supervisors met in regular session on Thursday, June 7, 2007, in the Fremont County Courthouse Boardroom with Larson, Whipple and Hendrickson present. A quorum was declared and the meeting officially called to order at 6:30 p.m. Minutes of the previous board session were read and approved. The agenda was approved as posted.

Let the records show Patricia Rengifo was present for this meeting.

At 6:30 p.m. Ernie Ruth met with the Board regarding potholes in Bartlett. Ruth said the potholes have been fixed and just wanted to thank the Board.

At 6:45 p.m. Fremont County Sheriff Steve MacDonald met with the Board regarding a vehicle purchase. He would like to purchase a Durango for $25,697. MacDonald said he has the money in his budget but wanted to let the Board know what his plans were.

A few Anderson residents visited with the Board about livestock in Anderson. The Board suggested they get on the agenda, and they will try to coordinate it with the Zoning Commissioner, County Attorney and Sheriff.

Red Haun stopped in to visit with the Board.

At 7:00 p.m. a public hearing for the adoption of a Comprehensive Plan for Fremont County, Iowa was held. Present were Chuck Larson, John E. Whipple, Earl Hendrickson, Joan Kirk and Patricia Rengifo. After some discussion and acknowledgment of a letter from James Baylor asking for continuance, at 7:10 p.m., Whipple made a motion to close the public hearing. Whipple, aye; Hendrickson, aye; Larson, aye. Whipple made a motion to adopt the Comprehensive Plan as recommended by the Zoning Commission. Whipple, aye; Larson, aye; Hendrickson, Nay. Hendrickson stated that he voted no because he thinks there should be something put in the plan about the education process.

RESOLUTION NO. 2007-38

RESOLUTION APPROVING AND ADOPTING A COMPREHENSIVE PLAN FOR FREMONT COUNTY, IOWA; ACCEPTING THE RECOMMENDATIONS OF THE ZONING COMMISSION AND REPEALING ALL OTHER PLANS AND PARTS OF PLANS PREVIOUSLY ADOPTED AND IN CONFLICT THEREWITH.

WHEREAS, public information meetings were held regarding the plan on July 15, 2004, March 22, 2005, May 17, 2005 and a final draft review on August 25, 2005, and

WHEREAS, the Board of Supervisors has duly considered the plan;

NOW THEREFORE BE IT RESOLVED BY THE FREMONT COUNTY BOARD OF SUPERVISORS that this Board approve and adopt the Comprehensive Plan Report, Fremont County, Iowa, dated 2006, prepared by The Schemmer Associates as set out in the attached report, and be it further

RESOLVED that said Comprehensive Plan Report is adopted as a guide to the immediate and long-range growth of Fremont County, Iowa and that the Policy Statements and the General Land Use Plan contained therein are specifically adopted and approved as the principal elements of said Plan:

The background information and all other exhibits, tables and text are adopted and approved to the extent that the information included therein relate to the policy statements and the General Land Use Plan; be it further

RESOLVED that this resolution shall be in full force and effect from and after its adoption.

Adopted this 8th day of June 2007.

Motion was made by Whipple.

ATTEST:

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

At 7:45 p.m. Jim Woodard, Intergovernmental Affairs Office for FEMA, met with the Board, assuring the Board that Fremont County is eligible for public assistance and individual assistance. He said he would be the link between FEMA and the County. If there is a problem, he will research it and get back to the Board. June 25 is the last day to request public assistance, and an individual can register through July 24. He said aid comes in two forms, grants and SBA Loans.

Two claims were approved for handwritten warrants. General Basic Fund: ISAC, Registrations-District IV Summer Legislative Workshop, $70.00.

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

At 8:35 p.m., there being no further business, Whipple made a motion to adjourn. Whipple, aye; Hendrickson, aye; Larson, aye.

ATTEST:

Fremont County Auditor                                                                                 Chuck Larson, Chairman

June 12, 2007:

The Fremont County Board of Supervisors met in regular session on Tuesday, June 12, 2007, in the Fremont County Courthouse Boardroom with Larson, Whipple and Hendrickson present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Minutes of the previous board session were read and approved. The agenda was approved as posted.

At 9:00 a.m. motion was made by Whipple to approve Applications for Iowa Retail Cigarette/Tobacco Permits for K & M Lyons/DBA The Junction and Crossroads Travel Center, LLC. Whipple, aye; Hendrickson, aye; Larson, aye.

Ed Hunt with DeBruce Ag Service, Inc. stopped in to visit with the Board.

At 9:30 a.m. Richard Payne met with the Board regarding Iowa Chute Ditch. Payne said he thinks the majority of landowners in the district feel the water is not draining properly. Part of the problem is an issue with work done by the State. He is interested in forming a new drainage district and took some information on how to get started with that process. Dee Owen was also present.

At 10:00 a.m. Fremont County Engineer Dan Davis met with the Board. Motion was made by Whipple to authorize the Chairman to sign a permit for Alliance Gas to apply dust control treatment on Fremont County roads. Whipple, aye; Hendrickson, aye; Larson, aye.

At 10:20 a.m. let the records show Whipple left the meeting.

At 10:30 a.m. Art Claiborne, Veterans Affairs Administrator, met with the Board to update them on a veterans grant received for Fremont County, West Central Development and the future veterans clinic in Shenandoah.

At 10:45 a.m. motion was made by Hendrickson to sign a 28E Agreement with the City of Council Bluffs for the provision of weapons of mass destruction hazardous materials response services. Larson, aye; Hendrickson, aye.

At 10:50 a.m. Steve Whitehead, Maintenance Supervisor, met with the Board requesting the Board’s permission to get prices on a new mower/snow blower. Larson told Whitehead to go out and see what is available and report back to the Board.

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

Wellness payroll was approved.

NOTE: Correcting June 5, 2007 minutes at 9:45 a.m. – Should read "Motion was made by Whipple to authorize Chairman Larson to sign a Contract for ROW for Rollin’ Hills Farm/Mike Moody, for M16 Box, Project FM-CO36(46)—55-36."

At 11:05 a.m., there being no further business, Hendrickson made a motion to adjourn. Hendrickson, aye; Larson, aye.

ATTEST:

Fremont County Auditor                                                                                 Chuck Larson, Chairman

June 14, 2007:

No Regularly Scheduled Board Meeting due to lack of Quorum.

June 19, 2007:

At 8:30 a.m. on Tuesday, June 19, 2007, a department head meeting was held in the Fremont County Courthouse Boardroom. Present were Chuck Larson, John E. Whipple, Earl Hendrickson, Judy Crain, Art Claiborne, Karen Berry, Nancy Henneman, Steve Whitehead, Margaret Henkle, Steve MacDonald, Arnold Emberton, Margaret E. Johnson and Joan Kirk. Topics discussed were: supplies for the break room; tax sale; seepage in the basement; supplies for Veterans Administration and security system.

The Fremont County Board of Supervisors met in regular session on Tuesday, June 19, 2007, in the Fremont County Courthouse Boardroom with Larson, Whipple and Hendrickson present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Minutes of the previous board session were read and approved. The agenda was approved as posted.

Let the records show Patricia Rengifo was present for this meeting.

At 9:00 a.m. Mary Kesterson met with the Board requesting $400.00 for advertising Thurman’s Sesquicentennial celebration on the 14th and 15th of July. The Board will check to see if the funds can be spent in that manner.

At 9:15 a.m. security in the courthouse was discussed. Also present were Steve Whitehead and Arnold Emberton. Emberton will contact the U.S. Marshall for suggestions regarding a security plan.

At 9:30 a.m. Ryan Funke, Conservation Director, met with the Board requesting funds to build new cart paths at the golf course. Funke said there is probably 20% of the course that has cart paths now. Funke would like to have some new paths and thought if they could use money from Hotel/Motel Tax it could help out with the project. The group discussed the possibility of the Conservation Board and the Board of Supervisors getting together to work on a five-year plan. Ryan will get bids on the proposed cart paths.

At 9:55 a.m. Whipple made a motion to approve the following Resolution No. 2007-39. Hendrickson, aye; Whipple, aye, Larson, aye.

RESOLUTION NO. 2007-39

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 19th day of June 2007, that the Auditor be authorized to cancel outstanding warrants that are over two years old.

Motion made by Whipple.

ATTEST:

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

At 10:00 a.m. Fremont County Engineer Dan Davis met with the Board. Motion was made by Whipple to authorize Chairman Larson to sign IDOT payment voucher for HGM Associates, Inc., Project FM-CO36(32)--55-36. Hendrickson, aye; Whipple, aye; Larson, aye.

At 10:15 a.m. Fremont County Sheriff Steve MacDonald met with the Board regarding Wellness for his non-union administrative employees. Renee Von Bokern, Labor Relations Consultant, will be contacted regarding the question.

At 10:30 a.m. Arnold Emberton, Information Technology, met with the Board requesting the Board sign Solutions Software Support Agreement. Hendrickson made a motion to sign the agreement. Whipple, aye; Hendrickson, aye; Larson, aye.

At 10:45 a.m. motion was made by Whipple to approve Application for Iowa Retail Cigarette/Tobacco Permit for Sapp Bros., Nebraska City-Percival, IA. Whipple, aye; Hendrickson, aye; Larson, aye.

At 11:00 a.m. motion was made by Whipple to sign a letter of support for West Central Development’s Head Start Center’s request for a DHS Wrap-Around Program. Hendrickson, aye; Whipple, aye; Larson, aye.

Payroll and claims were approved for June 22, 2007.

At 11:11 a.m., there being no further business, Whipple made a motion to adjourn. Whipple, aye; Hendrickson, aye; Larson, aye.

ATTEST:

Fremont County Auditor                                                                                 Chuck Larson, Chairman

June 21, 2007:

The Fremont County Board of Supervisors met in regular session on Thursday, June 21, 2007, in the Fremont County Courthouse Boardroom with Larson, Whipple, and Hendrickson present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Minutes of the previous board session were read and approved. The agenda was approved as posted.

Let the records show Patricia Rengifo was present for this meeting.

At 9:00 a.m. Kim Gee met with the Board to give an update on FREDCO. Also present were Lynda Cruickshank, M. J. Broomfield, Ross Silcock, Sheryl Sanders, Pat Shull and Mike Fastenau. Some of the topics discussed were: potential businesses for Fremont County, a website, and an Economic Development Director.

At 9:30 a.m. Pat Shull and Sheryl Sanders, representing the Welcome Center Board, met with the Board and presented their proposed budget of $22,900 for next year. Shull said the welcome center currently has 87 volunteers. During the past year there have been several large meetings, and it is the third most visited welcome center in the state. Some of their future plans include enlarging the gift shop, and getting a website up and running. Shull said they are requesting to be the recipient of half of the tourism part of Hotel/Motel Tax. They also feel this should be for a five-year term instead of one year to enable better financial planning. Also present were Kim Gee, Lynda Cruickshank, M.J. Broomfield, Ross Silcock and Mike Fastenau.

At 10:00 a.m. Public Hearing on a Loan Agreement and to Authorize Sale of Bonds regarding the Fremont County Landfill was held. Present were Chuck Larson, John E. Whipple, Earl Hendrickson, Joan Kirk, Mike Fox, Larry Barger with Speer Financial, and Ross Silcock. Larson opened the hearing and asked if there was any discussion. At 10:20 a.m., following some discussion, Whipple made a motion to close the hearing. Hendrickson, aye; Whipple, aye; Larson, aye.

Motion was made by Hendrickson to approve the following Resolution 2007-40. Whipple, aye; Hendrickson, aye; Larson, aye.

RESOLUTION NO. 2007-40

Taking additional action to enter into a Loan Agreement and authorizing the sale of General Obligation Solid Waste Disposal Bonds

WHEREAS, pursuant to the provisions of Sections 331.402 and 331.443 of the Code of Iowa, the Board of Supervisors of Fremont County, State of Iowa (hereinafter referred to as the "County") has heretofore proposed to enter into a loan agreement (the "Loan Agreement") and issue General Obligation Solid Waste Disposal Bonds (the "Bonds") in a principal amount not exceeding $1,300,000, for the purpose of paying the cost, to that extent, of constructing improvements to county solid waste disposal facilities, and has published notice of the proposed action and has held a hearing thereon; and

WHEREAS, the County deems it advisable and necessary at this time to provide for the sale of the Bonds in the amount of $1,265,000 to be issued in evidence of the City’s obligation under the Loan Agreement;

NOW, THEREFORE, It Is Resolved by the Board of Supervisors of Fremont County, Iowa, as follows:

Section 1. The County hereby determines to proceed with the issuance of the Bonds and declares that this resolution constitutes the "additional action" required by Section 331.443 of the Code of Iowa.

Section 2. The 12th day of July, 2007, at 10:00 o’clock a.m., at the Fremont County Courthouse, Sidney, Iowa, is hereby fixed as the time and place for receiving and canvassing bids for the purchase of the Bonds in the amount of $1,265,000, and this Board shall meet on said date at 4:00 o’clock p.m., at the Fremont County Courthouse, Sidney, Iowa, for the purpose of considering such bids received and passing a resolution providing for the sale and issuance of the Bonds.

Section 3. The County Auditor is authorized to take such action as shall be deemed necessary and appropriate, with the assistance of Dorsey & Whitney LLP, Attorneys, as Bond Counsel, and Speer Financial, Inc., as Financial Consultants, for the County, to prepare a statement of information and solicitation for bids describing the Bonds and providing for the terms and conditions of their sale.

Section 4. All resolutions and orders or parts thereof in conflict with the provisions of this Whipple, aye resolution, to the extent of such conflict, are hereby repealed.

Section 5. This resolution shall be in full force and effect immediately upon its adoption and approval, as provided by law.

Passed and approved June 21, 2007.

ATTEST:

/s/ Joan Kirk , Fremont County Auditor                     /s/ Chuck Larson, Chairperson, Board of Supervisors

At 10:30 a.m. bids were opened for a new fuel system at the Fremont County Road Department. Present were Mike Mayne with Neilsen Mayne Architecture, Fremont County Engineer Dan Davis, Mike Batenhorst, Richard Dittberner, Red Haun, Larry Holt and representatives from Cooper Equipment and Neuman Equipment. Mike Mayne opened the two bids received. The first bid opened was from Cooper Equipment Company of Omaha, for a below ground system, $215,000. For an above the ground system the bid was $282,000. The second bid opened was from Neuman Equipment Company of Omaha, for a below ground system, $269,975. For an above the ground system the bid was $277,925. Davis made a recommendation that the Board accept the low bid from Cooper Equipment Company. Whipple made a motion to accept the Cooper bid of $215,000. Whipple, aye; Hendrickson, nay; Larson, aye.

At 10:20 a.m. Steve MacDonald and Kevin Aistrope visited with the Board regarding Wellness for administrative staff at the Sheriff’s office.

At 11:00 a.m. the Board opened bids submitted by Ernie Ruth on two parcels of land that Fremont County holds the tax certificate on. Bids were $100.00 on parcel 240240054000000 and $50.00 on parcel 20020006000000. Also present were Red Haun and Judy Crain. Hendrickson made a motion to table any decisions until further investigation. Whipple, aye; Hendrickson, aye; Larson, aye.

At 11:15 a.m. Motion was made by Whipple to approve the following Resolution 2007-41. Hendrickson, aye; Whipple, aye; Larson, aye.

RESOLUTION NO. 2007-41

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 21st day of June 2007, that the following transfer of funds be approved and made: $363,830.50 from the Rural Services Basic Fund, share of Rural Services taxes, to the Secondary Road Fund and $50,626.00, property tax relief of local option taxes, from the Rural Services Basic Fund to the Secondary Road Fund.

Motion to approve transfer made by Whipple

ATTEST:

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

Motion was made by Whipple to approve the following Resolution 2007-42. Hendrickson, aye; Whipple, aye; Larson, aye.

RESOLUTION NO.2007-42

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 21st day of June 2007, that the following transfer of funds be approved and made: $2,719.97 from the TIF Rebate Fund, to the LMI Assistance Fund, as stated in the Waubonsie Ridge Agreement.

Motion to approve transfer made by Whipple.

ATTEST:

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

At 11:30 a.m. Red Haun presented a Mutual Aid Agreement requesting the Board’s approval. Whipple made a motion to sign a Mutual Aid Agreement with Atchison County. Hendrickson, aye; Whipple, aye; Larson, aye.

At 11:35 a.m. motion was made by Hendrickson to authorize Chairman Larson to sign Renewal of Liquor License for Crossroads Travel Center. Whipple, aye; Hendrickson, aye; Larson, aye.

At 11:37 a.m., there being no further business, Whipple made a motion to adjourn. Whipple, aye; Hendrickson, aye; Larson, aye.

ATTEST:

Fremont County Auditor                                                                                 Chuck Larson, Chairman

June 26, 2007:

The Fremont County Board of Supervisors met in regular session on Tuesday, June 26, 2007, in the Fremont County Courthouse Boardroom, with Larson, Whipple, and Hendrickson present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Minutes of the previous board session were read and approved. The agenda was approved as posted.

At 9:00 a.m. Whipple made a motion to approve the following Resolution No. 2007-43. Hendrickson, aye; Whipple, aye, Larson, aye.

RESOLUTION NO. 2007-43

RESOLUTION TO DISBURSE FEDERAL FUNDS IN LIEU OF TAXES

WHEREAS, United States Treasury has issued a check for payment in lieu of taxes for federally owned entitlement land as authorized by public law 97-258 in the amount of $2887.00.

WHEREAS, public law 97-258 states "a unit may use the payment for any governmental purpose."

BE IT RESOLVED, that the Fremont County Board of Supervisors does hereby authorize the Fremont County Treasurer to deposit said funds in Fund 62000 – Property Tax Agency Fund until all taxes have been certified to the Treasurer for collection. At that time, said funds shall first pay outstanding taxes and drainage assessments of United States of America and any remaining funds are to be deposited in the general basic fund.

The above Resolution made by Whipple. This Resolution passed this 26th day of June 2007.

ATTEST:

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

At 9:15 a.m. Ryan Funke, Conservation Director, met with the Board and presented a bid of $6,000 from Mike Hodges for 1710 sq. ft. of cart paths. The Board suggested that Funke take the bid to the Conservation Board for a written approval.

At 9:30 a.m. Margaret Henkle, Fremont County Recorder, met with the Board regarding the signing of a Groundwater Hazard Reporting System Resolution. Henkle explained that the said Resolution would require the Groundwater Hazard Statements be scanned and sent in electronically rather than manually mailing them. Hendrickson made a motion to approve the following resolution 2007-44. Whipple, aye; Hendrickson, aye; Larson, aye.

GROUNDWATER HAZARD REPORTING SYSTEM RESOLUTION

RESOLUTION NO. 2007-44

WHEREAS, Fremont County (County) and the Iowa County Recorders Association (Association) have created a county land record information systems in order to provide public access to real estate documents; and

WHEREAS, all Iowa counties are required to process Groundwater Hazard Statements as provided in Iowa Code section 558.69; and

WHEREAS, Iowa Code section 558.69 requires the submission of the Groundwater Hazard Statements to the Iowa Department of Natural Resources (Department): and

WHEREAS, the Department has adopted Iowa Administrative Code chapter 561 IAC 9, which allows the electronic submission of the Groundwater Hazard Statements; and

WHEREAS, the County and the Department desire to utilize the county land record information system as a means to provide for more efficient and timely filing of the Groundwater Hazard Statements;

THEREFORE, BE IT RESOLVED that the County acknowledges that the County is responsible for the processing and filing of Groundwater Hazard Statements as provided in Section 558.69 of the Iowa Code and the chapter 561 IAC 9 of the Iowa Administrative Code. The County requests that in lieu of forwarding a printed version of any affirmative Groundwater Hazard Statement to the Department of Natural Resources, a facsimile or image of the printed version of the Groundwater Hazard Statement shall be stored the local county land record indexing and imaging system.

BE IT FURTHER RESOLVED that the County agrees to the following terms and conditions.

A. A facsimile or image of a printed version of all forms required to be submitted to the Department pursuant to 561 IAC 9 shall be stored within the local county land record indexing and imaging system .

B. The facsimile or image of the form shall be permanently stored in the local county land record indexing and imaging system.

C. The image shall be legible and shall comply with the document formatting and imaging standards adopted by the Association.

D. The county and county recorder shall be members of the Electronic Services System.

E. The county and county recorder shall maintain compliance with the operating policies, procedures, and standards adopted by Electronic Services System including but not limited to policies concerning the timely uploading of information to the statewide county land record information system, a.k.a. Iowa Land Records.

F. The county recorder shall index the associated document information and the parties (grantors and grantees) for each Groundwater Hazard Statement. The county recorder is not required to index property or legal description information for Groundwater Hazard Statements.

G. The county and county recorder shall provide 180 days notice prior to reverting to the practice of forwarding a printed version of any affirmative Groundwater Hazard Statement to the Department.

An affirmative response on a Groundwater Hazard Statement means that the Groundwater Hazard Statement indicates a well, underground storage tank, disposal site, or hazardous waste site exists on the property. Pursuant to Iowa administrative rule 561 IAC 9.2(3), Groundwater Hazard Statements on which a private burial site is the sole matter disclosed and which do not reveal the existence of a well, disposal site, underground storage tank, or hazardous waste on the property shall not be submitted to the Department.

ATTEST:

/s/ Joan Kirk                                                                                                        /s/ Chuck Larson, Chairman
Fremont County Auditor                                                                                          Fremont County Board of Supervisors

At 9:45 a.m. motion was made by Whipple to approve applications for Iowa Retail Cigarette/Tobacco Permits for Percival Farm Service, Inc. and Sidney Foods. Whipple, aye; Hendrickson, aye; Larson, aye.

At 10:00 a.m. Dan Davis, Fremont County Engineer, met with the Board regarding a final plat for The Wilds RV Park. Motion was made by Hendrickson to sign the Final Plat. Hendrickson, aye; Whipple, aye; Larson, aye.

Motion was made by Hendrickson to authorize Chairman Larson to sign contracts for ROW; total for Engleman was $634 and total for Tiemeyer was $189 for M16 Box. Hendrickson, aye; Whipple, aye; Larson, aye.

Claims were approved for June 26, 2007.

At 11:00 a.m., there being no further business, Whipple made a motion to adjourn. Whipple, aye; Hendrickson, aye; Larson, aye.

ATTEST:

Fremont County Auditor                                                                             Chuck Larson, Chairman

June 28, 2007:

The Fremont County Board of Supervisors met in regular session on Thursday, June 28, 2007, in the Fremont County Courthouse Boardroom with Larson, Whipple and Hendrickson present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Minutes of the previous board session were read and approved. The agenda was approved as posted.

At 9:00 a.m. the Board considered bids received on Tax Sale Certificates. Bids will need to be published and a public hearing will be held.

At 9:30 a.m. Sandie Sillers met with the Board and discussed moving a consumer.

At 9:45 a.m. motion was made by Hendrickson to approve a Class C Beer Permit for K & M Lyons, Inc., dba The Junction. Whipple, aye; Hendrickson, aye; Larson, aye.

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

ATTEST:

Fremont County Auditor                                                                                     John E. Whipple, Vice Chairman

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