Board of Supervisors Minutes
June 2017

June 6, 2017:

The Fremont County Board of Supervisors met in regular session on Tuesday, June 6, 2017, in the Fremont County Courthouse Boardroom, with Hendrickson, Hickey, and Graham 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 that Dan Swanson with Big Apple Radio and Sandy Parmenter from the Valley News Today/Sidney Argus Herald were present for this meeting. 

The Board is publishing notice to appoint the Fremont County Treasurer after the retirement of Judy Crain. This item will be on the agenda for June 13, 2017. 

Motion was made by Hickey to approve a resolution ordering the Treasurer to suspend taxes pursuant to Iowa Code Section 427.9 in regards to a notification received from the Department of Human Services.  Hendrickson, aye; Hickey, aye; Graham, aye.

Dan Davis, Engineer, met with the board for approval of the following:

Motion made by Hickey to allow Chairman Hendrickson to sign design contract with HGM Associates for bridge replacement on J-34 over Mule Slough Ditch. The bridge will be widened. Motion carried unanimously. 

Motion made by Hickey to sign the following resolution for the J-24 Project:

RESOLUTION NO. 2017-39

RESOLUTION TO ACCEPT LOW BID AND AWARD CONSTRUCTION CONTRACT

WHEREAS, the Fremont County Secondary Roads Department held a letting for construction projects on June 6, 2017, and

WHEREAS, three (3) bids were received for HMA RESURFACING/COLD IN-PLACE RECYCLING of J24, Project STP-S-CO36(75)—5E-36,

NOW THEREFORE BE IT RESOLVED by the Board of Supervisors of Fremont County that the contract be awarded to WESTERN ENGINEERING CO., INC OF HARLAN IOWA for the low bid of $1,756,953.45.  The cost of this project shall be paid Federal Aid Funds.

Motion to approve made by Hickey.

Approved this 6th day of June, 2017.
 

Motion made by Hickey to allow Chairman Hendrickson to sign the work in right-of-way permit for MidAmerican Energy to bore 100’ under the road at 2075 Waubonsie Avenue from the south right-of-way to just beyond the right-of-way on the north side. Motion carried unanimously. 

At 9:17 a.m., Arnold Emberton, IT Director, met with the board for the approval of the annual software agreement with Solutions, Inc. Motion made by Graham to allow Chairman Hendrickson to sign the agreement. Motion carried unanimously. 

At 9:20 a.m., Anita Baker of met with the board regarding her property in Farragut. Brenda Mintle, Assessor, was also present for this discussion. Baker believes that the property is taxed too high. She brought in documentation showing the assessments of her property since her house fire.  After much discussion, Baker was going to explore other avenues. 

At 9:43 a.m., Twila Larson of FREDCO met with the board in place of Craig Hagenau of Spiral Communications. She discussed the need for broadband internet in Fremont County. It is difficult to move in and set up home businesses in the rural area where there is no quality broadband available. She stated that Craig has reached out to the smaller telephone companies to discuss this process. They have had a meeting to discuss options for the future & those meetings have been very informative. 

Motion was made by Hickey to approve the following Resolution 2017-40.  Motion carried unanimously.

RESOLUTION NO.  2017-40                                                                 

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 6th day of June, 2017, that the following transfer of funds be approved and made:  $589,298.00 from the Rural Services Basic Fund, share of Rural Services taxes, to the Secondary Road Fund and $58,459, property tax relief of local option taxes, from the Rural Services Basic Fund to the Secondary Road Fund.

Motion to approve transfer made by Hickey.
 

Motion was made by Hickey to approve the following Resolution 2017-41.  Motion carried unanimously.

RESOLUTION NO.  2017-41                 

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this    day of June, 2017, that the following transfer of funds be approved and made:  $8,101.42 from the TIF Rebate Fund, to the LMI Assistance Fund, as stated in the Waubonsie Ridge Agreement.

Motion to approve transfer made by Hickey.
 

At 9:57 a.m., Howard Nelson, Weed Commissioner, met with the board regarding the policies of reporting weeds. He would like to see that a written complaint be required for such matters. This would ensure that there is proper documentation on file. The board will put this on as an action item for next week. Also discussed were weeds in the county road ditches and weeds on the north side of Plum Creek Road where MVDD had cleaned out a ditch.  

The Recorder’s Monthly Report was approved for May. 

In other business, claims were approved for June 9, 2017. 

At 10:05 a.m., there being no further business, Hickey made a motion to adjourn. Motion carried unanimously.

ATTEST:

Fremont County Auditor                                                                                Earl Hendrickson, Chairman

June 13, 2017:

The Fremont County Board of Supervisors met in regular session on Tuesday, June 13, 2017, in the Fremont County Courthouse Boardroom, with Hendrickson and Graham present.  Let the records show Hickey was not present for this meeting. 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 9:01 a.m., Graham made the motion to go into public hearing regarding the road vacation of a portion of 320th Avenue in Section 8 Township 67 Range 41. Motion carried unanimously. At 9:03 a.m., there being no public input, Graham moved to go out of public hearing. Motion carried unanimously. Motion was made by Graham to allow Chairman Hendrickson to sign the following Resolution approving the road vacation.  Motion carried unanimously.

RESOLUTION NO. 2017-42

RESOLUTION FOR ROAD VACATION PUBLIC HEARING

WHEREAS, This being the date and time set for the hearing on the proposed vacation and closure of a portion of Fremont County secondary Road, described as follows:

A portion of 320th Avenue, partially vacated on November 17, 1975, lying on the West line of Section 8, T67N, R41W of the 5th PM, Fremont County, Iowa. The intention of this road closure is to vacate the remaining 907’ of the public road as now established (original and with modifications).  Commencing at the SW corner of Section 8, T67N, R41W, thence north 380’ along the west line of Section 8 to the point of beginning.  Then north along said section line to the southerly right-of-way of County Road 287th street.

See Exhibit A.

WHEREAS, No objections have been received, either in writing or by persons present.

NOW THEREFORE BE IT RESOLVED by the Fremont County Board of Supervisors that the section of roadway of Section 8, T67N, R41W be ordered vacated and closed.

Motion made by Graham and seconded by Hendrickson.

Approved this 13th day of June, 2017.
 

Motion made by Graham to approve the following resolution appointing Alise Snyder as Fremont County Treasurer due to the retirement of Judith Crain. Motion carried unanimously.

RESOLUTION NO. 2017-43

WHEREAS, The Fremont County Treasurer submitted her resignation effective June 2, 2017; and

WHEREAS, According to Chapter 69.8 of the Code of Iowa the Fremont County Board of Supervisors shall appoint a successor treasurer as provided for under the Chapter 69.8 of the Code of Iowa; and

WHEREAS, It is now time to appoint a successor Fremont County Treasurer.

NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF FREMONT COUNTY, IOWA THAT:

Alise Snyder be appointed to fill the vacancy of the Office of Fremont County Treasurer, until the next general election when a new treasurer is elected and qualified.                                                                             

Motion to approve made by Graham.

Approved this 13th day of June, 2017.
 

Alise Snyder, Treasurer, met with the board regarding a 28E Agreement with the Iowa Department of Transportation. This 28E Agreement with allow for the treasurers to be paid for training that they already attend. The funding is in place and now they will be reimbursed for training. Motion made by Hendrickson to sign the 28E Agreement with Iowa Department of Transportation. Motion carried unanimously. 

Nancy Henneman, Community Services, met with the board regarding the Cost Report. As of June 30, Community Service is closing. The county needs to pay the final bill to the Iowa Medicaid Enterprise in the amount of $24,089.02. Motion made by Hendrickson to pay this bill before June 30^th, 2017. Motion carried unanimously. Henneman also discussed that with the closure, she will become part-time status. 

Motion made by Graham to require a letter be submitted to the Fremont County Weed Commissioner in writing to file an official complaint. Motion carried unanimously.  

Lyle Hodde met with the board regarding 1.7 mile stretch of County Road L40. Also present were Richard Payne, Jon Tiemeyer, Pat Gilson, Rod Finnell, Blake Finnell, and Gregg Dixon. This is a road that was damaged by the flood. The road is still in poor condition. John Moyer stated that most of the damage was due to heavy construction vehicles hauling on it. The board advised they would like Dan Davis to come in next week to discuss this matter. The board would like this group to come to the next meeting to discuss this issues. 

At 10:00 a.m., Jack Reed with Iowa Negotiation & Consulting Services, LLC met with the board to discuss human resource services. Services include handbook and policy updating and monitoring, writing of job descriptions, human resources, employment practices, employee complaint resolution, union grievances, discipline and discharge, resource for department heads, employer liabilities, compliance, onsite service, and union contracts. They also use 2 employment law attorneys for legal advice and opinions at no cost to the county. The board would like this on the agenda for next week. 

The Sheriff’s Monthly Report was approved for May. 

In other business, claims were approved for June 16, 2017. 

At 10:40 a.m., there being no further business, Graham made the motion to adjourn. Motion carried unanimously.

ATTEST:

June 20, 2017:

The Fremont County Board of Supervisors met in regular session on Tuesday, June 20, 2017, in the Fremont County Courthouse Boardroom, with Hendrickson, Hickey, and Graham 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 the following were present for this meeting: Sandy Parmenter with the Valley News, Engineer Dan Davis, Assessor Brenda Mintle, Conservation Director Doug Weber, Landfill Director Casey Moyer, Anita Baker, Dan Moyer, John B. Moyer, Richard Payne, Mike Payne, Jon Tiemeyer, Blake Finnell, Rod Finnell, Rod Finnell, & John A. Moyer. 

The board discussed a request from the City of Thurman to purchase a county held tax certificate #2012-00329, E 30’ Lots 6 & 7, Block F, Thurman. Motion made by Hickey to set up a public hearing and start the process for purchase of tax sale certificate. Motion carried unanimously. 

Doug Weber, Conservation Director, met with the board regarding an upcoming tournament fundraiser for the Fremont County Golf Course on July 9, 2017. He asked that the green fees be waived for the participants because this tournament specifically benefits the golf course. The funds raised will go into the Ladies Association account and they will donate to make improvements if they are approved by the conservation board. Hendrickson stated that other entities had also asked that fees be waived and were turned down. Hickey believed that since this money will be used to supplement the golf course the fees should be waived. Motion made by Hickey to waive the green fees for this tournament fundraiser on July 9th. Motion carried unanimously. 

Casey Moyer, Landfill Director, presented a Financial Assurance for Closure/Post Closure Costs. Motion was made by Hickey to allow Chairman Hendrickson to sign the . Motion carried unanimously. 

Anita Baker met with the board again regarding her property assessment issue. She went over dates that she had spoken to the prior and current assessor. The county attorney and assessor were present for this meeting. Baker cited Iowa Code Section 445.60 and believes she should be refunded the portion of tax money that she believes was erroneous. Chairman Hendrickson stated that if she believed the assessment was wrong she had two opportunities to protest the assessment with the board of review. She didn’t not file a protest during either time period. The board declined to take action on this matter.  

Dan Davis, Engineer, met with the board and meeting attendees about County Road L40. They addressed the 1.7 mile stretch of road that was discussed in the previous board meeting. They discussed that there are children living on that road now and therefore a bus stop. Davis said that their Dura-Patcher has not been in that area yet as it is busy on other roads that are in need of repair. He discussed the difference in cost between double overlay and single/double overlay combination. Davis said he would look into it as soon as possible. The question was raised by a member of the audience about an embargo to keep certain trucks off of it. Davis said that would something the board would have to back. After much discussion, Davis said he would look at his budget in July at the beginning of the fiscal year and proceed from there. 

The board discussed last week’s presentation by Jack Reed with Iowa Negotiation & Consulting Services, LLC. Motion made by Graham to move forward with hiring INCS for HR services. Motion carried unanimously. Graham will contact Reed to present a contract. Hendrickson will speak to the county attorney about a letter notifying Von Bokern Associates, Inc. that county will no longer be using their services. 

Motion was made by Hickey to sign the ICAP insurance renewal paperwork.  Motion carried unanimously. 

In other business, claims were approved for June 23, 2017. 

At 10:12 a.m., there being no further business, Hickey made the motion to adjourn. Motion carried unanimously.

ATTEST:

Fremont County Auditor                                                                                Earl Hendrickson, Chairman

June 27, 2017:

The Fremont County Board of Supervisors met in regular session on Tuesday, June 27, 2017, in the Fremont County Courthouse Boardroom, with Hendrickson and Graham present.  Let the records show Hickey was not present for this meeting. 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 that Sandy Parmenter with the Valley News Today, Jan Zach, Brian Johnson, EMC Mike Crecelius, & County Attorney Brenna Bird were present for this meeting. 

Randy Monroe met with the board regarding an update on nuisance properties in Anderson. The road department has prepared the notices & the sheriff’s office is beginning to serve those. Monroe reiterated his concerns with the properties in Anderson and the effect that it has on someone, such as himself, trying to sell their property. Monroe disagrees with the new policy of requiring a person to notify the weed commissioner in writing to handle a complaint. He thinks that if a person calls in a complaint that should be enough notice. Graham explained that the reason the board implemented this policy is so that there is a paper trail to show how the complaints were handled.  

Alise Snyder, Treasurer, presented a Tax Sale Report to the board, showing results of the tax sale just completed June 19, 2017.  The report shows 193 parcels were sold for the total dollar value of $80,208.35.  Fremont County acquired 23 parcels at the public bidder sale in the total dollar value of $23,663.85. Snyder said that next year they will move to the on-line tax sale process as other counties do in Iowa. 

Motion made by Graham to allow Chairman Hendrickson to sign the agreement for human resource services with Iowa Negotiation & Consulting Services. Motion carried unanimously. A letter was sent to Von Bokern Associates by mail and email notifying them of this change. 

At 9:24 a.m., let the records show that Sheriff Kevin Aistrope joined the meeting. 

County Attorney Brenna Bird met with the board regarding new legislation that goes into effect on July 1, 2017, regarding courthouse security and weapons in the courthouse. The county has in place Resolution 2011-10 prohibiting dangerous weapons on courthouse grounds. If this resolution is left in place this could open the county up to litigation for people adversely affected because of it. Motion made by Graham to rescind 2011-10 RESOLUTION PROHIBITING DANGEROUS WEAPONS ON COURTHOUSE GROUNDS. Motion carried unanimously. Bird also discussed the request by the courts that during court and juvenile court there is a deputy present during the proceedings. 

Motion made by Hendrickson to hold next week’s meeting on July 3rd due to the Fourth of July Holiday. Motion carried unanimously. 

At 9:35 a.m., motion was made by Graham to allow Chairman Hendrickson to sign the contracts and bid for Western Engineering on Project #STP-S-CO36(75) -- 5E-36 (J-24).  Motion carried unanimously. 

The board discussed the appointment to the conservation board for the term ending June 30, 2017. They received 2 applications. Motion made by Graham to appoint Robert E. Geiger to the conservation board for a term beginning July 1, 2017, and ending June 30, 2022. Motion carried unanimously. Chairman Hendrickson notified the 2 applicants of the board’s decision. 

Motion made by Hendrickson to approve the following Resolution 2017-44. Motion carried unanimously.

RESOLUTION NO.  2017-44

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 27th day of June, 2017, that the Auditor be authorized to cancel outstanding warrants that are over one year old.

Motion made by Hendrickson.
 

Motion made by Hendrickson to approve the following Resolution 2017-45. Motion carried unanimously.

RESOLUTION NO. 2017-45

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 27th day of June, 2017 that the following change in appropriation be made:
 

Motion to approve made by Hendrickson.
 

Motion made by Graham to approve the following Resolution 2017-46. Motion carried unanimously.

RESOLUTION NO. 2017-46

Resolution Authorizing Appropriations to County Offices and Departments FY 2017/2018

Resolution to appropriate 100% of the budgeted amounts for expenditures deemed necessary to all Budgetary Funds/Departments FY 2017/2018, as published in the Notice of Public Hearing Budget Estimate on March 2, 2017.

Motion made by Graham.

PASSED AND APPROVED, this 27th day of June, 2017.
 

In other business, claims were approved for June 30, 2017. 

At 10:01 a.m., there being no further business, Graham made a motion to adjourn. Motion carried unanimously.

ATTEST:

Fremont County Auditor                                                                                Earl Hendrickson, Chairman

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