Board of Supervisors Minutes

The Fremont County Board of Supervisors met in regular session on Tuesday, June 4, 2013, in the Fremont County Courthouse Boardroom, with Bartholomew and Hickey present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Minutes of the previous Board session were read and approved. The agenda was approved as posted.

Let the records show Cara Morgan was not present for the meeting. Twila Larson was present for most of this meeting.

At 9:00 a.m. Dan Davis, Engineer, requesting approval of Resolution to Accept Low Bid and Award Construction Co. #STP-S-CO36(59) - - 5E-36. Motion was made by Hickey to approve Resolution 2013-31. Hickey, aye; Bartholomew, aye.

RESOLUTION NO. 2013-31

RESOLUTION TO ACCEPT LOW BID AND AWARD CONSTRUCTION CONTRACT

WHEREAS, the Fremont County Secondary Roads Department held a letting for construction in conjunction with the Iowa Department of Transportation projects on May 21, 2013 and

WHEREAS, two (2) bids were received for RCB construction over Cooper Creek on JK34 (Knox Road), Project STP-S-CO36(59) --5E-36,

NOW THEREFORE BE IT RESOLVED by the Board of Supervisors of Fremont County that the contract be awarded to Godbersen-Smith Construction, Co. of Ida Grove, IA for the low bid of $515,345.95. The cost of this project shall be paid from STP and FM funds.

Motion to approve made by Hickey.

Approved this 4^th day of June, 2013.

Also Davis is requesting approval of Work in ROW Permit for Roger Brink to replace tile outlet on 250^th St. Motion was made by Hickey approving Work in ROW Permit. Hickey, aye; Bartholomew, aye.

At 9:15 a.m. Danny Toma, Maintenance, met with the board requesting approval of State Historical Society TAN Contract. Toma said the grant will cover everything except mileage from Glenwood, and meals. Motion was made by Hickey to authorize Chairman Bartholomew to sign the contract. Hickey, aye; Bartholomew, aye.

At 9:20 a.m. Mark and Amy Anderson, met with the board to discuss drainage issues at 240^th St. & 342^nd Ave. Steve Lorimor, Brent Lorimor and Brady Lorimor. Anderson has a farm east of Riverton, and is saying every time they receive substantial rains the water runs over a low spot in the county road and floods his property. Anderson said he would raise the road at his own expense with the county engineer’s approval. Davis said he thinks there is a tube under the road and he would like check his records to make sure it is a county tube. Anderson said he has owned the farm for eight years and has not ever seen a tube. Hickey made a motion to authorize the work as long as they get the approval from the County Engineer. Hickey, aye; Bartholomew, aye.

At 9:30 a.m. Motion was made by Hickey to approve a Cigarette/Tobacco Permit for Sidney Foods. Hickey, aye; Bartholomew, aye.

Motion was made by Hickey to approve a Cigarette/Tobacco Permit for Wilds Property Management. Hickey, aye; Bartholomew, aye.

At 9:35 a.m. Twila Larson, FREDCO, met with the board requesting approval of Proclamation Declaring the Week of June 17^th – June 21^st National Small Business Week. Motion was made by Hickey approving the Proclamation. There will be a coffee in the courthouse during National Small Business Week in honor of small businesses. Steve Lorimor was also present. Hickey, aye; Bartholomew, aye.

At 9:45 a.m. Motion was made by Hickey to approve the following Resolution 2013-32. Hickey, aye; Bartholomew, aye.

RESOLUTION NO. 2013-32

A Resolution to Establish a Policy For Fremont County Government Employees who have Secondary Employment.

TO THE HONORABLE BOARD OF SUPERVISORS OF FREMONT COUNTY, IOWA:

WHEREAS the Iowa Auditor of State has recommended to the Fremont County Government that it adopt a policy concerning the issue of Secondary Employment for its employees;

AND WHEREAS Chapter 68B of the Iowa Code ("Government Ethics and Lobbying Act") establishes prohibited outside employment and activities for employees and officials of Iowa’s County governments;

AND WHEREAS the Fremont County Government seeks to:

i) Ensure that secondary employment does not adversely affect the primary employment responsibilities of those working for the Fremont County Government;
ii) Avoid conflicts of interest;
iii) Help employees of the Fremont County Government to ensure that secondary employment is conducted within the boundaries of what is permitted by this policy; and
iv) Preserve the trust and confidence of the citizens of Fremont County in the fair and effective operations of the Fremont County Government;

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF FREMONT COUNTY, IOWA that secondary employment amongst employees, department heads and elected officials of the Fremont County Government shall be subject to the policy that is attached to, and forms Appendix ‘A’ of, this Resolution.

Dated this 4^th day of June, 2013.

At 9:50 Arnold Emberton, Information Technology, met with the board for approval to purchase four PC’s for the Auditor’s Office and six PC’s for the Treasurer’s Office. Emberton said two of the PC’s for the Treasurer’s Office will be reimbursed by the State. Motion was made by Hickey to approve the purchase. Hickey, aye; Bartholomew, aye.

At 9:55 a.m. Motion was made by Hickey authorizing Chairman Bartholomew sign Election Equipment Disposal Certification. Hickey, aye; Bartholomew, aye.

At 10:00 a.m. Work on State Audit Report Response.

In other business the Recorders Monthly report for May 31, 2013 was approved.

At 10:30 a.m. there being no further business, Hickey made a motion to adjourn. Hickey, aye; Bartholomew, aye.

ATTEST:

Fremont County Auditor                                                                             Bart Bartholomew, Chairman

June 10, 2013:

At 8:30 a.m. on Monday, June 10, 2013, a Department Head meeting was held in the Fremont County Courthouse Boardroom. Present were Bart Bartholomew, Cara Morgan, Karen Berry, Jennifer McAllister, Margaret Johnson, Danny Toma, Arnold Emberton, Kevin Aistrope and Joan Kirk. Some topics discussed were: incident at the courthouse; various schools & conferences and new jail.

The Fremont County Board of Supervisors met in regular session on Monday, June 10, 2013, in the Fremont County Courthouse Boardroom, with Bartholomew 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 Randy Hickey was not present for this meeting.

At 9:00 a.m. Dan Davis, Engineer, met with the board requesting approval of the following:

Motion was made by Morgan approving the following Resolution to Approve Payment for Ingress/egress on property owned by McBride Trust. Morgan, aye; Bartholomew, aye.

RESOLUTION NO. 2013-33

RESOLUTION TO AUTHORIZE PAYMENT

WHEREAS, the Fremont County Board of Supervisors, in order to facilitate the granting of a private easement between Fremont County landowners, Howard and Lillian M. Colon Revocable Trust, Betty Jo Vogel Trust and Mary Kathryn Crain, and Katherine McBride Testamentary Trust, for a right of way for ingress and egress over and through the following described real estate:

Katherine McBride Testamentary Trust:

An easement located in part of the SE ¼ SE ¼ of Section 28, and also in part of the SW ¼ SW ¼ of Section 27, all located in Township 67 North, Range 42 West of the 5^th Principal Meridian, Fremont County, Iowa, said easement being more fully described as: Commencing at the Northeast Corner of said SE ¼ SE ¼; thence S01°44’15"W along the East line of said SE ¼ SE ¼ a distance of 914.16 feet to the Southwesterly right of way line of U.S. Interstate No. 29 and the Point of Beginning; thence S50°43’54"E along said right of way line a distance of 178.09 feet to the centerline of a county road; thence S00°00’09"W along said centerline a distance of 24.17 feet; thence N71°45’24"W a distance of 98.23 feet; thence N44°10’44"W a distance of 284.61 feet; thence N52°02’18"W a distance of 268.11 feet; thence S86°50’45"E a distance of 32.11 feet to said Southwesterly right of way line; thence S52°02’18"E along said Southwesterly right of way line a distance of 379.84 feet; thence S50°43’54"E along said Southwesterly right of way line a distance of 43.41 feet to the Point of Beginning. Note: The East line of the SE ¼ SE ¼ of said Section 28 is assumed to bear S01°44’45"W for this description.

AND WHEREAS, such easement will allow Fremont County to forego the expenditures of building a bridge on 315th Street South of Hamburg and save the cost of obtaining public right of way of 66 feet over such described property.

NOW, THEREFORE BE IT RESOLVED that the Fremont County Engineer be authorized to pay $2,940.00 to the Katherine McBride Testamentary Trust upon signing of the private easement by said Trust.

Motion to approve made by Morgan.

Approved this 10th day of June, 2013.

Motion was made by Morgan authorizing Chairman Bartholomew to sign Work in ROW Permit to mow & bale road ditches on J-18. Morgan, aye; Bartholomew, aye.

Motion was made by Morgan authorizing Chairman Bartholomew to sign Contract & Bonds for Proj #STP-S-CO36(59)--5E-36, Knox Box. Morgan, aye; Bartholomew, aye.

Motion was made by Morgan authorizing Chairman Bartholomew to sign IDOT Payment Voucher with HGM Associates for Proj # BRS-CO-36(60) - - 60-36. Morgan, aye; Bartholomew, aye.

At 9:15 a.m. Christy Briley, Auditor’s Office, met with the board requesting a fuel fund transfer between Rural Services & General Basic for Sheriff’s Office. Kevin Aistrope was also present. Briley said the General Basic fuel line is overdrawn while the Rural Services line has not been used. Briley said she needs board approval to transfer from the Rural Services line to General Basic line. Morgan said she feels Aistrope needs to attach detailed statements showing what percent of each statement should have been paid out of Rural Services. Morgan made a motion to approve the transfer if Aistrope furnished the above. Morgan, aye; Bartholomew, aye.

At 9:35 a.m. Arnold Emberton, IT, met with the board requesting approval to purchase a server to replace a ten year old server currently being used by the County. Emberton said the Assessor’s Office will pay half of the cost. With cost of the server/tape backup the county’s share will be $4,892.00. Morgan made a motion to approve the purchase. Morgan, aye; Bartholomew, aye.

In other business, payroll and claims for June 14, 2013, were approved.

At 10:00 a.m. there being no further business, Morgan made a motion to adjourn. Morgan, aye; Bartholomew, aye.

ATTEST:

Fremont County Auditor                                                                                 Bart Bartholomew, Chairman

June 14, 2013:

The Fremont County Board of Supervisors met in special session on Friday, June 14, 2013, in the Fremont County Courthouse Boardroom, with Hickey and Bartholomew present. A quorum was declared and the meeting officially called to order at 11:00 a.m. The agenda was approved as posted.

Let the records show Cara Morgan was not present for this meeting.

At 11:00 a.m. Jeremy Middents, SWIPCO, faxed down the paperwork to add a house located at 1898 185th Ave. Percival to the flood demolition project. Mike Crecelius, Emergency Management Coordinator was also present. Middents stated by email that the home owner wants only the house demolished, and does not want the nearby shed demolished. Motion was made by Hickey to allow the house to be added to the project. Hickey, aye; Bartholomew, aye.

At 11:30 a.m. there being no further business, Hickey made a motion to adjourn. Hickey, aye; Bartholomew, aye.

ATTEST:

Fremont County Auditor                                                                                 Bart Bartholomew, Chairman

June 18, 2013:

The Fremont County Board of Supervisors met in regular session on Tuesday, June 18, 2013, in the Fremont County Courthouse Boardroom, with Bartholomew, Hickey 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.

At 9:00 a.m. Motion was made by Morgan to approve a Contract Amendment with Cost Advisory Services. Hickey, aye; Morgan, aye; Bartholomew, aye.

At 9:15 a.m. Motion was made by Morgan to approve the following Resolution 2013-34. Hickey, aye; Morgan, aye; Bartholomew, aye.

Resolution NO. 2013-34

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 18^th day of June 2013, that the following transfer of funds be approved and made: $458,140.40 from the Rural Services Basic Fund, share of Rural Services taxes, to the Secondary Road Fund and $57,518.60, property tax relief of local option taxes, from the Rural Service Basic Fund to the Secondary Road Fund.

Motion to approve transfer made by Morgan.

At 9:20 a.m. Motion was made by Hickey to approve Cubby’s Cigarette/Tobacco permit. Hickey, aye; Morgan, aye; Bartholomew, aye.

Motion was made by Morgan to approve Sapp Brothers Cigarette/Tobacco permit. Hickey, aye; Morgan, aye; Bartholomew, aye.

At 9:25 a.m. Joe Hazel, Specialized Engineering Solutions, met with the board to discuss upgrading the heating/air conditioning system for courthouse, and discuss with the board as to what the options are. Danny Toma, Maintenance, was also present. Morgan said she would like to see the differences between a boiler system vs. central heating & cooling. Hazel said MidAmerican Energy does have rebates to help with the cost of a new system. The board will discuss further at a later date. No decision was made at this time.

At 9:45 a.m. Motion was made by Morgan authorizing Chairman Bartholomew to sign Insurance renewal with ICAP. Hickey, aye; Morgan, aye; Bartholomew, aye.

At 9:50 a.m. Danelle Bruce, CPC, met with the board to discuss state changes regarding Case Management. SF446 is waiting for Governor Branstad’s signature. Bruce told the board she really does not know what is going to happen regarding funding and Case Management, and for that matter how much longer it will even be here. There are some options depending on what the state decides to do. Her recommendation is to just to wait a few weeks to see how things are going before making any decisions on how to move forward.

Motion was made by Hickey to approve Waubonsie Mental Health Rate Sheet Contract for year 2014. Hickey, aye; Morgan, aye; Bartholomew, aye.

At 10:20 a.m. Leo Ettleman stopped in to give the board an update regarding the Corp allowing dumping of sediment in the Missouri River up-stream from Fremont County. Ettleman said there will be a meeting in Council Bluffs on the 28^th of June, and is requesting the Board of Supervisors to be present.

At 10:45 a.m. Karen Berry, Assessor, stopped in to present a notice, required when there has been an Appeal and Petition submitted to the Property Assessment Appeal Board (PAAB), where a change in assessed valuation of one hundred thousand dollars or more is petitioned. Petitioning is Eaton Corp, Finders Keepers Real Estate LLC, Crossroads Real Estate Development LLC, I29/Hwy 2 SID LLC, SDB LLC, Sapp Bros Real Estate Investment Co. LLC, Sapp Bros Travel Center Inc. and Sapp Bros Real Estate Investment Co LLC. Berry said the notice is required by Iowa Code Section 441.37A.

At 10:55 a.m. The board worked on State Audit Report Response.

In other business the Sheriff’s Report for the month of May was approved.

At 11:11 a.m. there being no further business, Morgan made a motion to adjourn. Hickey, aye; Morgan, aye; Bartholomew, aye.

ATTEST:

Fremont County Auditor                                                                                 Bart Bartholomew, Chairman

June 25, 2013:

The Fremont County Board of Supervisors met in regular session on Tuesday, June 25, 2013, in the Fremont County Courthouse Boardroom, with Bartholomew, Hickey 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.

At 9:00 a.m. Dan Davis, Engineer, met with the Board requesting approval of the following:

Motion was made by Hickey to authorize Chairman Bartholomew to sign Work in ROW Permit for Windstream Communications to place telephone cable along 113th St. Scott Twp – Section 12. Morgan, aye; Hickey, aye; Bartholomew, aye.

Motion was made by Morgan to authorize Chairman Bartholomew to sign Work in ROW Permit for Jeff Shirley to run power line across Road to Well. Morgan, aye; Hickey, aye; Bartholomew, aye.

Motion was made by Morgan to approve the following Resolution 2013-39 for Temporary Road Closing & Detour Designation for Knox Rd Bridge Project over Cooper Creek on J-34. Morgan, aye; Hickey, aye; Bartholomew, aye.

RESOLUTION NO. 2013-39

RESOLUTION FOR TEMPORARY ROAD CLOSING AND DETOUR DESIGNATION

WHEREAS, Chapter 306, Section 306.41 of the Code of Iowa, provides for the temporary closing of a highway for construction, reconstruction, maintenance or natural disaster, and that any numbered road closed for over forty-eight hours shall have a designated detour route, and

WHEREAS, Fremont County is replacing the Knox Road bridge over Cooper Creek on County Route J-34 on Knox Road in Sidney Township. This road will require temporary closing West of the intersection of 260th Ave and Knox Road in Section 32, T69N-R42W, thence West on Knox Road 450 feet and terminating, and

WHEREAS, the detour route shall begin at the intersection of 270^th Avenue and Knox Road on the West side of Section 34, T69N-R42W, thence South 1.25 miles on 270^th Avenue to the intersection of 222^nd Street; thence West on 222^nd Street, 1.35 miles to the intersection of Bluff Road; thence North West on Bluff Road, 0.30 miles and terminating at the intersection of County Route L44 on Bluff Road and County Route J34 on Knox Road in Section 7, T68N-R42W.

NOW THEREFORE BE IT RESOLVED by the Board of Supervisors of Fremont County that the above-described road be temporarily closed and the detour established as necessary until such time as said construction or reconstruction work has been completed.

Motion to approve made by Morgan.

Motion was made by Morgan to authorize Chairman Bartholomew to sign Work in ROW Permit from Joe Gutschenritter to Trench a 12" Tile Through a Dirt Road (410^th Ave. 2500’ S of 130^th St.) Morgan, aye; Hickey, aye; Bartholomew, aye.

Motion was made by Morgan to authorize Chairman Bartholomew to sign Work in ROW Permit for Windstream Communications to place Telephone Cable along 150^th St. Green Township. Morgan, aye; Hickey, aye; Bartholomew, aye.

Motion was made by Morgan to authorize Chairman Bartholomew to sign contract with HM for Design Services for J-18 (from Hwy 275 to L-68). Morgan, aye; Hickey, aye; Bartholomew, aye.

At 9:20 a.m. Arnold Emberton, IT, met with the Board requesting approval of Solutions Annual Software Maintenance Agreement. Motion was made by Morgan to approve the Agreement as presented. Morgan, aye; Hickey, aye; Bartholomew, aye.

At 9:25 am. Motion was made by Morgan to approve the following Resolutions 2013-35 & 2013-36 Authorizing Appropriations. Morgan, aye; Hickey, aye; Bartholomew, aye.

RESOLUTION NO. 2013-35

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 25th day of June, 2013, that the following change in appropriations be made:

Expenditures

Decrease 01000-03020-113-23-10 -800.00
Decrease 01000-03100-340-25 -1990.00
Decrease 01000-03100-636-25 -310.00

Expenditures

Increase 02000-03020-110-23 +86.00
Increase 02000-03020-111-23 +99.00
Increase 11000-03020-100-23-1 +615.00
Increase 02000-03300-313-25-290 +2,300.00

Motion to approve made by Morgan.

RESOLUTION NO. 2013-36

Authorizing Appropriations to County Officers and Departments FY 2013/2014

Resolution to appropriate 100% of the budgeted amounts for expenditures deemed necessary to all Budgetary Funds/Departments for FY 2013/2014, as published in the Notice of Public Hearing-Budget Estimate on February 28, 2013.

ADOPTED this 25th day of June, 2013.

PASSED AND APPROVED, this 25th day of June, 2013.

At 9:30 a.m. Motion was made by Hickey to approve the following Resolution to Cancel Outstanding Warrants. Morgan, aye; Hickey, aye; Bartholomew, aye.

RESOLUTION NO. 2013-37

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 25th day of June, 2013, that the Auditor be authorized to cancel outstanding warrants that are over one year old.

Motion made by Hickey.

At 9:35 a.m. Motion was made by Hickey to approve the following Resolution to Transfer Funds from the TIF Rebate Fund to the LMI Assistance Fund. Morgan, aye; Hickey, aye; Bartholomew, aye.

RESOLUTION NO. 2013-38

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 25th day of June, 2013, that the following transfer of funds be approved and made: $4,610.88 from the TIF Rebate Fund, to the LMI Assistance Fund, as stated in the Waubonsie Ridge Agreement.

Motion to approve transfer made by Hickey.

/s/ Joan Kirk                                                                                /s/ Bart Bartholomew, Chairman     aye
Fremont County Auditor                                                                /s/ Randy Hickey                            aye
                                                                                                   /s/ Cara Morgan                                aye.

At 9:40 a.m. Judy Crain, Treasurer, met with the Board to discuss the Fremont County Tax Sale held on June 17, 2013. Two hundred parcels were sold for the total dollar value of $131,038.94. Fremont County acquired 20 parcels at the public bidder sale in the total dollar value of $6,713.00.

At 9:45 a.m. Cathy Crain, Mayor of Hamburg, met with the Board to discuss maintenance on Hamburg Relevy. Crain would like the Board to keep the maintenance of Hamburg Relevy for a couple more years until things settle down in Hamburg. Also present was Dale Kirkpatrick, Dave Dreyer and Leo Ettleman. No decision was made at this time.

At 10:05 a.m. Murl Dovel met with the Board requesting Reassignment of County Held Tax Certificates. The process was discussed and Morgan made a motion move forward with the process. Also present was Judy Crain, Dave Dreyer, Bob Benton and Leo Ettleman. Morgan, aye; Hickey, aye; Bartholomew, aye.

At 10:15 a.m. The Board tabled any decision on a transfer from Rural Services to General Basic for Sheriff’s Office Fuel until more research can be done. Also present was Christy Briley, Leo Ettleman, Kevin Aistrope, Bob Benton and Dave Dreyer.

At 10:30 a.m. Kevin Aistrope, Sheriff, met with the board to discuss over extending his FY 2012/2013 budget. After some discussion Morgan made a motion to schedule a special meeting for Friday, June 28^th. Morgan, aye; Hickey, aye; Bartholomew, aye. After being provided documentation the board authorized a claim for $1,500 to be paid out of Special Law Enforcement Fund. Also present was Christy Briley, Leo Ettleman, Kevin Aistrope, Bob Benton and Dave Dreyer.

John Whipple stopped in to let the board know the Welcome Center should be open on Monday.

Leo Ettleman visited with the board regarding sediment dumping in the Missouri River. Ettleman is requesting a document of support from the Fremont County Board of Supervisors opposing the dumping.

Bob Benton visited with the board regarding a Loess Hills Alliance meeting.

At 10:45 a.m. the Board worked on State Audit Report Response.

In other business, payroll and claims for June 28, 2013, were approved.

At 12:00 noon there being no further business, Morgan made a motion to adjourn. Morgan, aye; Hickey, aye; Bartholomew, aye.

ATTEST:

Fremont County Auditor                                                                                 Bart Bartholomew, Chairman

June 28, 2013:

The Fremont County Board of Supervisors met in a special session on Friday June 28, 2013, in the Fremont County Courthouse Boardroom, with Bartholomew, Hickey and Morgan present. A quorum was declared and the meeting officially called to order at 9:00 a.m. The agenda was approved as posted.

At 9:05 a.m. Kevin Aistrope, Sheriff, presented a letter of explanation regarding his request for a fuel transfer. Motion was made by Hickey to allow the corrective transfer of $9,869.47 from Rural Services to General Basic. Hickey, aye; Morgan, aye; Bartholomew, aye.

At 9:15 a.m. Hickey made a motion to approve the following Resolution to appropriate funds from the County Attorney’s budget to the Sheriff’s budget. Hickey, aye; Morgan, aye; Bartholomew, aye.

RESOLUTION NO. 2013-40

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 28th day of June, 2013, that the following change in appropriations be made:

Expenditures

Decrease 01000-01100-425-04 -3,100.00

Expenditures

Increase 01000-01000-413-05 +3,100.00

Motion to approve made by Hickey.

The following three claims were approved for handwritten warrants. General Basic, Communications, Custodial $146.65; Special Law Enforcement Fund, Investigations, $1,500.00; Rural Services Basic, Uniformed Patrol Services, Fuels, $9,869.47.

At 9:55 a.m. there being no further business, Hickey made a motion to adjourn. Hickey, aye; Morgan, aye; Bartholomew, aye.

ATTEST:

Fremont County Auditor                                                                                 Bart Bartholomew, Chairman












 

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