June 2010

June 1, 2010:

The Fremont County Board of Supervisors met in regular session on Tuesday, June 1, 2010, in the Fremont County Courthouse Boardroom, with Hendrickson, Morgan and Larson 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 Grace Johnson with The Hamburg Reporter was present for this meeting.

At 9:00 a.m. Larson made a motion to discuss changes to the Employee Handbook at the next Department Head meeting. Morgan, aye; Larson, aye; Hendrickson, aye.

At 9:30 a.m. Lora Howard did not come to the meeting regarding gravel for Flower Pots at The Ambassador.

At 9:40 a.m. Arnold Emberton, Information Technology Director met with the board for approval of Solutions Annual Software Agreement. Motion was made by Morgan to sign Solutions software agreement. Larson, aye; Morgan, aye; Hendrickson, aye.

Emberton was also requesting approval to purchase computers for the Recorder’s office, stating two have been there for seven years. The computers will cost $649.00 each, per State Bid. After purchasing the PC’s, Microsoft will pay $1200.00. Motion was made by Larson to approve the purchase of the computers. Larson, aye; Morgan, aye; Hendrickson, aye.

At 9:45 a.m. Jan Winkler, Fremont County CPC/Community Services Director met with the board to discuss items she would like to purchase with the money remaining in her budget. Winkler said she would like to purchase a new agency vehicle to replace a 2003 vehicle with 71,000 miles. Beecher’s submitted a bid of $12,500, with trade-in for a 2010 with 9,000 miles, and Larson Motors bid $20,995 for a 2010 with less then 10,000, with trade-in. Other items she was requesting to purchase was 5 computers at $649.00, (plus MS software) $959.00; 5 Monitors at $249.99; 2 Laptops at $1099.00; (plus MS software) $330.00. Note: Fremont County funds will not be use for these purchases. Motion was made by Larson to approve the purchase of the low bid vehicle along with the other equipment as listed. Larson, aye; Morgan, aye; Hendrickson, aye.

Winkler said she would like to take advantage of a 60-day clause in the current contract with Maximus Consulting Services, Inc., and go with Cost Advisory Services, Inc. There would be no cost to the county to switch at this point. Motion was made by Larson to allow the change in providers. Larson, aye; Morgan, aye; Hendrickson, aye.

At 10:00 a.m. Fremont County Engineer, Dan Davis met with the board for discussion on construction of a new patrol shed. Davis said he felt the Randolph shed needed replacing the most. The proposed new building would be 16.4’ in height and 30’ X 54’ with a 14’ overhead door. Hendrickson asked Davis to see who built the new building at the landfill and compare pricing along with Wick and Morton bids.

Motion was made by Morgan to approve Utility Permit for MidAmerican Energy for service lines on L-68 from 250^th St. to D St. Morgan, aye; Hendrickson, aye.

At 10:15 a.m. The board discussed the Future Allocation portion of the Hotel/Motel Tax.

At 10:30 a.m. The board discussed cost estimate for replacement of the courthouse’s fire alarm panel. Also present was Steve Whitehead. Whitehead said the current panel is seven years old and now obsolete. Electronic Contracting is trying to find a new board and box that will work with the current system.

At 10:45 a.m. Steve Whitehead, Maintenance Supervisor, met with the board regarding his conversation with Jim Ebmeier, a Constructional Engineer, to get his opinion on how to proceed with repair to a couple of cracked roof beams in the courthouse attic. Whitehead said Ebmeier would charge $2,500 to $3,000 to come and look at the beams and write a report on what needs to be done. Motion was made by Larson to approve hiring Jim Ebimer to come and look at the beams. Larson, aye; Morgan, aye; Hendrickson, aye.

At 11:00 a.m. Motion was made by Larson to approve the following Resolution.

RESOLUTION NO. 2010-22

BE IT HEREBY RESOLVED that the Fremont County, Iowa, Board of Supervisors shall hold a final public hearing, final consideration and final vote on June 29, 2010, at 10:00 a.m. for the purpose of reviewing and adopting an ORDINANCE concerning Nuisance Ordinance to protect the health, safety, and welfare of citizens and safety of property of Fremont County. First consideration and vote on the ORDINANCE shall occur at 10:00 a.m. on June 15, 2010. Second consideration and vote shall occur at 6:30 p.m. on June 22, 2010. The proposed ORDINANCE is printed in full at the end of this resolution, and will be so printed in the county’s official newspaper for legal publications, and will be made available for public inspection during regular business hours at the County Auditor’s Office, Courthouse, Sidney, Iowa.

BE IT ENACTED by the Board of Supervisors of Fremont County, Iowa:

F. PURPOSE AND OBJECTIVES. This Ordinance is adopted in accordance with, and as authorized by Iowa Code Chapter 657, Nuisances, and Iowa Code Chapter 331, County Home Rule. The purpose of this Ordinance is to protect the health, safety, and welfare of the citizens and safety of property of Fremont County by providing for removal of nuisances.

1. The term "refuse" shall mean all waste, trash, garbage, junk, junk machinery, rubbish, ashes or other substance, whether that substance be wood, paper, metal, plastic, organic, or other type of product offensive to sight and smell or dangerous to the public or individual health that are placed on or in any public or private place.

2. The term "junk vehicle" shall mean any unlicensed vehicle stored within the unincorporated area of the County and which has any one of the following characteristics:

a. Broken Glass. Any vehicle with a broken or cracked windshield, window, or headlight or any other cracked or broken glass.

b. Broken, Loose, or Missing Part. Any vehicle with a broken, loose, or missing fender, door, bumper, hood, or door handle or window handle or steering wheel, trunk top or trunk handle, or tailpipe.

c. Habitat for Nuisance Animals or Insects. Any vehicle, which has become the habitat for rats, mice, snakes, or any other vermin or insect.

d. Flammable Fuel. Any vehicle which contains gasoline, or any other flammable fuel.

e. Inoperable. Any motor vehicle that lacks an engine, or two or more wheels or other structural parts, rendering said motor vehicle totally inoperable.

f. Defective or Obsolete Condition. Any other vehicle which, because of its defective or obsolete condition, in any other way constitutes a threat to the public health and safety.

3. For the purpose of this Ordinance the term "nuisance" means whatever is injurious to health, indecent, or unreasonably offensive to the senses or an obstacle to the free use of property, so as essentially to unreasonably interfere with the comfortable enjoyment of life or property. The following are declared to be nuisances:

a. The erecting, continuing, or using any building or other place for the exercise of any trade, employment, or manufacture, which, by occasioning noxious exhalations, unreasonable offensive smells, loud or excessive noise levels, or other annoyances, becomes injurious and dangerous to the health, comfort, or property of individual or the public, or which causes unreasonable distress to the occupants of any residence or public building located in the vicinity.

b. The storage, collection, discharge or deposit of any offal, filth or noisome substance in any private or public place to the prejudice of others.

c. The obstructing or impeding without legal authority the passage of any navigable river, harbor, or collection of water.

d. The corrupting or rendering unwholesome or impure the water of any river, stream, or pond, or unlawfully diverting the same from its natural course or state, to the injury or prejudice of others.

e. The obstructing or encumbering by fences, buildings, or otherwise the public roads, private ways, streets, alleys, commons, landing places or burying grounds.

f. Billboards, signboards, and advertising signs, whether erected and constructed on public or private property, which so obstruct and impair the view of any portion or part of a public street, avenue, highway, boulevard, or alley or of a railroad or street railway track as to render dangerous the use thereof.

g. Junk motor vehicles, or any portions thereof located on any private or public property.

h. The depositing or storing of flammable junk, such as old rags, rope, cordage, rubber, bones, and paper, by dealers of such articles, unless stored in a building of fireproof construction.

i. A dense growth of all weeds, vines, brush, or other growth which constitutes a health, safety, or fire hazard.

j. An accumulation of refuse in any private or public place.

k. Any condition that is conducive to the reproduction or harborage of flies, mosquitoes, rodents, and other vermin of public health significance so as to threaten the health and safety of others.

l. Carcasses of dead animals that have not been disposed of after death as provided by law.

4. The installation and continued use of outdoor lighting that produces glare and/or light trespass that may decrease security, creates hazards through glare, or creates a distraction which prohibits or interferes with the enjoyment of life or property, shall be declared a nuisance.

a. The term "light trespass" shall mean spill light falling over property lines that illuminate adjacent grounds or buildings in an objectionable manner.

b. The term "glare" shall mean the sensation produced by a bright source within the visual field that is sufficiently brighter than the level to which the eyes are adapted, to cause annoyance, discomfort, or loss in visual performance and visibility.

5.2 SCOPE OF ORDINANCE. The provisions of this Ordinance shall apply to all private properties located within Fremont County, Iowa which are also located outside the boundaries corporate limits of any city.

5.3 NUISANCE RESTRICTIONS ON FARMS. A farm or farm operation shall not be found to be a nuisance under this ordinance unless the nuisance is the result of a farm operation determined to be in violation of a federal statute or regulation or state statute or rule.

5.4 NUISANCES PROHIBITED. The creation or maintenance of a nuisance is prohibited, and a nuisance, public or private, may be abated in the manner provided in this Ordinance.

5.5 NOTICE TO ABATE NUISANCE. Whenever the Zoning Administrator finds that a nuisance exists as defined in this Ordinance, the Zoning Administrator shall cause to be served upon the property owner a written notice to abate the nuisance within a reasonable time after notice.

5.6 CONTENTS OF NOTICE TO ABATE. The notice to abate shall contain:

1. A description of what constitutes the nuisance.

2. The location of the nuisance.

3. A statement of the act or acts necessary to abate the nuisance.

4. A reasonable time within which to complete the abatement. Thirty (30) days shall generally be considered a reasonable time for abatement to be completed. The Fremont County Zoning Administrator shall consider each case on an individual basis to determine whether thirty (30) days shall be allowed for abatement, or whether more or less time shall be allowed.

5. A statement that if the nuisance is not abated as directed and no request for hearing is made within the time prescribed, the County will abate the nuisance and assess the costs against the property owner.

5.7 METHOD OF SERVICE. The notice may be served by certified mail or personal service to the property owner as shown by the records of the Fremont County Auditor.

5.8. REQUEST FOR RECONSIDERATION. Any person ordered to abate a nuisance may appeal to the Fremont County Board of Supervisors for reconsideration as to whether a nuisance exists. An appeal must be made in writing and delivered to the Fremont County Board of Supervisors within the time stated in the notice. A time and date for a hearing shall then be set by the Fremont County Board of Supervisors. The person ordered to abate a nuisance shall then be served with written notice specifying the date, time and place of the reconsideration hearing. At the hearing, the person ordered to abate the nuisance may appear and show cause why the alleged nuisance shall not be abated. Following the hearing the Fremont County Board of Supervisors shall render a written decision either affirming or overruling the Zoning Administrator’s decision. If the Board of Supervisors finds that a prohibited condition exists, the Board of Supervisors must order it abated within an additional time which must be reasonable under the circumstances. The findings of the Fremont County Board of Supervisors shall be conclusive.

5.9 ABATEMENT IN EMERGENCY. If it is determined that an emergency exists by reason of the continuing maintenance of a nuisance, Fremont County may perform any action that may be required under this Ordinance without prior notice and assess the costs as provided in this Ordinance after notice to the property owner and hearing.

5.10 ABATEMENT BY COUNTY. If the property owner fails to abate the nuisance by the date given in a properly served notice, the County may perform the required action to abate, and the costs incurred by the County shall be assessed to the property for collection in the same manner as a property tax.

5.11 COUNTY INFRACTION. Any violation of the provisions of this Ordinance shall be punishable by a civil penalty against the owner of the property or any other individual in lawful possession in an amount not to exceed that allowed by Iowa Code Section 331.307, now or hereafter amended. Each day of violation shall constitute a separate offense.

The Fremont County Zoning Administrator and his or her assistants are the officers authorized to enforce this Ordinance by issuance of civil citation for county infractions. In addition to any civil penalty imposed by this Ordinance, a court may grant appropriate relief to abate or halt any violation, including all remedies available pursuant to Iowa Code §331.307, as now or hereinafter amended.

5.12 EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its final passage, approval, and publication as provided by law.

In other business, payroll and claims for June 4, 2010, were approved.

At 11:02 there being no further business, Morgan made a motion to adjourn.

Morgan, aye; Larson, aye; Hendrickson, aye.

ATTEST:

Fremont County Auditor                                                                                 Earl Hendrickson, Chairman

June 8, 2010:

At 8:30 a.m. on Tuesday, June 8, 2010, a department head meeting was held in the Fremont County Courthouse Boardroom. Present were Earl Hendrickson, Cara Morgan, Steve Whitehead, Nathan Russell, Margaret Johnson, Dan Davis, Kevin Aistrope, Karen Berry, Margaret, Henkle, Jan Winkler, Arnold Emberton, Judy Crain and Joan Kirk. Topics discussed were: Iowa Law Enforcement update; five-day computer fraud update; boat titles; changes to employee handbook.

The Fremont County Board of Supervisors met in regular session on Tuesday, June 8, 2010, in the Fremont County Courthouse Boardroom, with Hendrickson and Morgan 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 Grace Johnson with The Hamburg Reporter was present for this meeting.

Let the records also show Chuck Larson was not present for this meeting.

At 9:00 a.m. suggestions from department heads regarding changes to the Fremont County Employee Handbook will be gathered and considered at the next department head meeting.

At 9:30 a.m. Jeff Haning met with the board to discuss levee sloughing around Vogel Bins. Haning said the sloughing would produce extra dirt, and wanted to know if the county could use some. Hendrickson said the county could use the extra dirt to help build up a low area in the levee. Haning said they would have to set on the levee in order to take the dirt out. Hendrickson said they would contact the Corps of Engineers to see if it is okay to do the repairs.

At 9:45 a.m. Randal Handley with Cost Advisory Services, Inc., met with the board requesting they consider his company for the county’s future cost allocation plan services. Jan Winkler was also present. Handley said Maximus would still be billing from the past year, but explained there would be no double costs, as Cost Advisory Services, Inc., would defer their billing into fiscal 2011. A year from now Handley said the Maximus billing would stop. The board asked Winkler to check with Maximus to see exactly where we are with their billing process, and ask what to expect if the county changes to Cost Advisory Services, Inc. before the contact is fulfilled.

At 10:00 a.m. Motion was made by Morgan to approve the following Resolution 2010-23.

RESOLUTION NO. 2010-23

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 8th day of June, 2010, that the Auditor be authorized to cancel outstanding warrants that are over one year old.

Motion made by Morgan.

At 10:15 a.m. Amanda Downey, an ISAC Wellmark Health Insurance Representative, stopped in to introduce herself and discuss the county’s health insurance plan. She updated the board on changes that ISAC has made to our health insurance regarding Healthcare Reform legislation.

At 10:30 a.m. Tabor Community Club is requesting to use the county’s packer to pack track for antique tractor pull. Motion was made by Morgan to approve the use of the county’s packer. Morgan, aye; Hendrickson, aye.

At 10:45 a.m. Fremont County Engineer, Dan Davis met with the board to discuss the Nishnabotna Basin Work. Davis said he met a representative of the Corps regarding in kind services. For the survey of the channel, Davis asked if he can he get some quotes from survey companies in order to see what kind of price to expect. Davis said he would provide bridge plans and historical records, along with flood records. Morgan made a motion to approve getting survey quotes. Morgan, aye; Hendrickson, aye.

Motion was made by Morgan to sign contract with HGM for Design of Bridge over Plum Creek on Bluff Road (Thurman). Morgan, aye; Hendrickson, aye.

Motion was made by Morgan to sign Work in ROW Permit for Extreme Trenching for Qwest Telephone Service Line at 2403 310^th St. Morgan, aye; Hendrickson, aye.

At 11:00 a.m. Motion was made by Morgan to approve request for use of courthouse for meeting of Republican Party Central Committee on June 10, 2010. Morgan, aye; Hendrickson, aye.

At 11:05 Steve Whitehead, Maintenance Supervisor, met with the board to discuss replacing damaged carpet in the Judge’s Chambers. Whitehead said over Memorial Day weekend the air conditioner upstairs froze up causing damage to the carpet in the judge’s chambers. Whitehead received a bid from Shipley’s Flooring for $1,181 to replace the carpet. Morgan made a motion to approve the carpet for the judge’s chambers. Morgan, aye; Hendrickson, aye.

At 11:10 a.m. Arnold Emberton, Information Technology Director, made a request to purchase a new scanner for the Recorder’s Office. Emberton said the scanner he would be replacing is eight years old, and feels it is over its useful life. Two quotes were received for replacing the scanner; one for $5,534 and the other $5,717. The cost of the old scanner in 2002 was $6,100. The warranty is $900 a year after the first year. Morgan made a motion to approve the $5,534 quote. Morgan, aye; Hendrickson, aye.

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

At 11:20 a.m. there being no further business, Morgan made a motion to adjourn.

Morgan, aye; Hendrickson, aye.

ATTEST:

Fremont County Auditor                                                                                 Earl Hendrickson, Chairman

June 15, 2010:

The Fremont County Board of Supervisors met in regular session on Tuesday, June 15, 2010, in the Fremont County Courthouse Boardroom, with Hendrickson, Morgan and Larson 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 9:30 a.m. the Board of Supervisors, concurring with the County Auditor, held the official canvass of votes cast in the June 8, 2010 Primary Election. Supervisors Hendrickson, Morgan and Larson were present. Motion was made by Morgan and carried unanimously to declare the following people nominated on a county level:

  OFFICE                             REPUBLICAN                           DEMOCRATIC

County Supervisor           Randy Hickey                             Don Bartholomew
County Supervisor           Donald M. McAllister                 Earl Hendrickson
County Attorney                Margaret E. Johnson                 Vicki R. Danley
County Recorder             Jennifer McAllister                      Brian J. Kingsolver
County Treasurer            Judith Crain

At 10:00 a.m. motion was made by Larson to approve the first consideration and vote on ordinance and in support of said Ordinance concerning Nuisance Ordinance to protect the health, safety, and welfare of citizens and safety of property of Fremont County. Morgan, aye; Larson, aye; Hendrickson, aye.

At 10:15 a.m. Motion was made by Morgan to approve Applications for Cigarette Permits for K & M Lyons-The Junction; Bohlen’s Farm Service and Wilds Property Management. Morgan, aye; Larson, aye; Hendrickson.

At 10:30 a.m. let the records show Grace Johnson with The Hamburg Reporter joined the meeting.

At 10:30 a.m. Jan Winkler, Fremont County CPC/Community Services Director, met with the board to discuss Consultation Services. Winkler said she has requested Maximus to send her something in writing so we would have accurate information, but has not received it yet. If terminated now we would still have to pay Maximus for 2008 and 2009 work. Cost Advisory Services would start with 2010 and go on from there, so the county may have two fees to pay in one year. Not duplicate for the same service, but an overlap of billing. Jan’s recommendation is to go with Cost Advisory Services, Inc. Morgan made a motion to switch from Maximus to Cost Advisory Services, Inc. Morgan, aye; Larson, aye; Hendrickson

Regarding Crisis Stabilization Plan, Winkler just wanted to let the board know what is going on in our area. The whole SW Iowa region is involved in a request for a grant to Magellan for some mental health services to try to offset some of the cost. Winkler said it would be very helpful to the county if this grant could be obtained.

At 10:45 a.m. Sharon Yahnke and Jeff Beckner with Southwest Iowa Transit Agency (SWITA) did not make it to this meeting.

At 11:15 a.m. Hendrickson said he did not feel comfortable signing the Rural Transit System Joint Participation Agreement for FY 2011, until he can have a better understanding of how the cost to Fremont County was figured. Hendrickson called Jeff Beckner with Southwest Iowa Transit Agency to ask what other entities pay, and how they come up with what Fremont County’s portion is. Motion was made by Larson to table signing until they hear from the Executive Director. Morgan, aye; Larson, aye; Hendrickson, aye.

At 11:25 a.m. Motion was made by Morgan to appoint Terry Lewis to the Conservation Board, effective July 1^st, 2010. Larson, aye; Morgan, aye; Hendrickson, aye.

At 11:30 a.m. Margaret Johnson, Fremont County Attorney, met with the board requesting approval of a 28E Agreement with Decatur, Ringgold and Taylor Counties regarding fine collections. Also present were Patricia Lant and Nathan Russell. Motion was made by Morgan to sign a 28E Agreement with Decatur, Ringgold and Taylor Counties regarding fine collection. Morgan, aye; Larson, aye; Hendrickson, aye.

At 11:45 a.m. Cathy Crain met with the board to discuss the Federal Levee on the East side of Hamburg. Since the supervisors are the levee board for the Federal Levee, and have agreed to four things that had to be done to maintain levee, she was wondering where they were with that. Crain listed the four things: It had to be mowed and someone had to walk it, and look at it frequently; all the volunteer trees gone; all the spots where they sandbagged needed to have top soil to get it level with the rest of the levee, and rock the road; the last one, and most concerning is that the base of the levee on Hamburg side, 15 feet from the base is the right of way, we have fences, old cars, old sheds, a new fence has gone up on the levee. Crain said she just wanted to know where they were with getting these things done. Crain said from ConAgra to just before the city park the levee is in the city limits. Once you get past that point you are outside city limits. No one should be allowed to go on the levee is what Crain believes. Again she wanted to know where they were with the four things the Corp wanted them to do. Crain said she had a number of citizens ask where we are with this, and she said she would find out. Hendrickson said they would like to take the Corp with them, because they had some questions regarding the levee, and they need to know what they can and cannot do. Crain gave the board a contact name and number for the Corp.

At 12:30 p.m. Fremont County Engineer, Dan Davis met with the board. Motion was made by Larson to approve Work in ROW permit for Tim Dreyer to clean ditch on Part of 240^th St. in Sec. 23, Twp, 68, R41. Morgan, aye; Larson, aye; Hendrickson, aye.

Davis presented three quotes for a 54 x 30 patrol building; Morton $42,368; Wick $36,684; Worth County Lumber $25,964. Motion made a Morgan to replace the patrol shed with lowest bid. Morgan, aye; Larson, aye; Hendrickson, aye.

At 12:35 p.m. Fremont County Sheriff, Kevin Aistrope met with the board requesting approval for replacing a fax machine and computers. Bids to replace three computers and a laser printer at $4,820. He would also like to replace a fax machine over 10 years old at the cost of $2,000. Motion was made by Larson to approve the expenditures. Morgan, aye; Larson, aye; Hendrickson, aye.

At 12:37 p.m. discuss Hamburg Levee; the North end appears not to be part of the Federal Levee, but needs to be confirmed.

At 12:45 p.m. discussed request from Fremont County Historical Society for Final $10,000 of the $20,000 pledged to the Rodeo Museum Project by past Supervisors to be paid in increments of $5,000 a year until the $20,000 pledge is met. Larson said in order to keep the tourism dollars from going back into the general fund they would like to see the debt paid early. Morgan moved to pay the debt early with proper documentation. Morgan, aye; Larson, aye; Hendrickson, aye.

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

Payroll and claims were approved for June 18, 2010.

At 1:15 p.m. there being no further business, Larson made a motion to adjourn.

Morgan, aye; Larson, aye; Hendrickson, aye.

ATTEST:

Fremont County Auditor                                                                             Earl Hendrickson, Chairman

June 22, 2010:

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