Board of Supervisors Minutes
June 2019

June 4, 2019: 

The Fremont County Board of Supervisors met in regular session on Tuesday, June 4, 2019, in the Fremont County Courthouse Boardroom, with Graham and Sheldon present. Let the records show that Hickey was not present for the start of the meeting. A quorum was declared, and the meeting officially called to order at 9:00 a.m. Minutes of the previous board session was read and approved. The agenda was approved as posted. 

Also present for this meeting were EMC Mike Crecelius, Safety Coordinator Jeff Shirley, Bryce Taylor, and Sandy Parmenter with the Valley News Today. 

There was a brief update on rehabilitation assistance & non-structural alternatives to rehabilitation of flood control projects. Sheldon discussed the meeting with Governor Reynolds. They addressed the fact that the breach at L575A is not currently being repaired. They have a meeting with USACE on June 10th. Sheldon discussed the status of other levee repairs. Graham would like Sandy Graybill to attend every couple of weeks to update the board. 

EMC Mike Crecelius met with the board regarding the evacuation order release and reentry plan. The river is at 22.9’ and climbing due to rains to the north. Crecelius recommends leaving the order in place.  Motion made by Sheldon to leave the evacuation order in place. Motion carried unanimously. The board will continue to discuss the evacuation order on a week-by-week basis. 

At 9:10 a.m., Hickey joined the meeting. 

Motion was made by Hickey to approve the following Resolution 2019-35.  Motion carried unanimously.

RESOLUTION NO.  2019-35                                                                 

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 4th day of June, 2019, that the following transfer of funds be approved and made:  $600,907.00 from the Rural Services Basic Fund, share of Rural Services taxes, to the Secondary Road Fund and $54,499.00 property tax relief of local option taxes, from the Rural Services Basic Fund to the Secondary Road Fund.

Motion to approve transfer made by Hickey.
 

Motion was made by Hickey to approve the following Resolution 2019-35.  Motion carried unanimously.

RESOLUTION NO.  2019-36           

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 4th day of June, 2019, that the following transfer of funds be approved and made:  $9,486.45 from the TIF Rebate Fund, to the LMI Assistance Fund, as stated in the Waubonsie Ridge Agreement.

Motion to approve transfer made by Hickey.
 

Motion by Hickey to approve the following tax abatement resolution for the City of Tabor. Motion carried unanimously.

RESOLUTION NO. 2019-37

RESOLUTION ABATING TAXES ON LAND OWNED BY CITY OF TABOR

WHEREAS, the City of Tabor now owns certain property in Tabor, Fremont County, Iowa, Parcel No. 480480080000000 and 480480080010000, described as: LT 6 & PT LTS 1-4 BEG NW COR LT 1, E 85.99', S 119.5', W 86.03', ETC., City of Tabor, Fremont County, Iowa, according to the recorded plat thereof.

WHEREAS, the property is now owned by the City of Tabor and therefore should not be on the tax rolls according to Section 427.1(2), Code of Iowa,

IT IS HEREBY RESOLVED that the above described property shall be listed as exempt on the tax list of the Fremont County Auditor.  Further, all current and delinquent real property taxes are abated under Iowa Code Section 445.63.

BE IT FURTHER resolved that the Auditor and Treasurer shall enter such change orders required to abate these taxes.

Dated this 4th day of June, 2019.

Motion by Hickey and carried unanimously.
 

Safety Coordinator Jeff Shirley met with the board regarding work comp rates. He had the annual meeting with IMWCA. The are rates are going down again for 2019-2020. This is a 22% discount from 2018-2019. They had a safety committee meeting a couple of weeks ago, as well. They discussed the fall on the south steps and possible solutions. They also reviewed a couple of other incidents. Shirley discussed the lunch and learn presented by ISAC. He briefly discussed a cell phone use policy.  

Motion by Hickey to rescind Resolution 2018-9 and replace it with Resolution No. 2019-38 due to additions to the previous resolution. Motion carried unanimously.

RESOLUTION NO.  2019-38

RESOLUTION RESCINDING RESOLUTION 2018-9

RESOLUTION NO. 2018-9

A RESOLUTION PETITIONING THE GOVERNOR OF IOWA AND THE STATE LEGISLATURE TO ADDRESS THE FAILINGS OF THE MASTER MATRIX

WHEREAS, the Fremont County Board of Supervisors, has been presented with several applications for permits to construct concentrated animal feeding operation (CAFO) in Fremont County, Iowa; and,

WHEREAS, CAFOs in Iowa have proliferated at a rate and number likely unanticipated by the authors of the 2002 Matrix; and,

WHEREAS, the Fremont County Board of Supervisors, has attempted to provide pertinent information regarding the siting of CAFO’s in Fremont County, Iowa; and,

WHEREAS, the current legislation and regulation applies the use of a Master Matrix that has failed to adequately differentiate between the geography, water sources and other critical considerations throughout different regions within the State; and,

WHEREAS, the failure to properly take into consideration information within the knowledge of local sources, has highlighted the failings of the Master Matrix to protect the air, water, health, “quality of life” and economic interests of the citizens we were elected to represent; and,

WHEREAS, the inadequacies of the Master Matrix in its present form have been scientifically documented and legislative remedies are needed.

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

1. The Fremont County Board of Supervisors do hereby petition the Governor of Iowa and the State Legislature to address the failings of the Master Matrix to protect the air, water, health, “quality of life” and economic interests of the citizens
    we were elected to represent.

2. The Fremont County Board of Supervisors formally requests that the IDNR be directed to suspend any issuance of any additional CAFO construction permits until such time as corrective new legislation regarding the Master Matrix can be
    adopted.

                PASSED AND ADOPTED this 6th day of February, 2018.

FREMONT COUNTY BOARD OF SUPERVISORS

/s/ Randy Hickey

Chairman

Attest:      /s/ Dee Owen
                County Auditor

Motion to approve made by Hickey.
 

The board considered the revised Resolution No. 2019-39 regarding the failings of the Master Matrix and petitioning the Governor and Legislature to act on those failings. Motion by Graham to approve the revised resolution. Motion carried unanimously.

RESOLUTION NO. 2019-39

A RESOLUTION PETITIONING THE GOVERNOR OF IOWA AND THE STATE LEGISLATURE TO ADDRESS THE FACTORY FARM AND WATER CRISIS IN IOWA

WHEREAS, CAFOs in Iowa have proliferated at a rate and number likely unanticipated by the authors of the 2002 Matrix, resulting in an influx of medium and large CAFO’S large enough to require manure management plan; and,

WHEREAS, we recognize the important contributions of independent family farms and that the corporate factory farm model does not support independent family farms; and,

WHEREAS, the Fremont County Board of Supervisors, have stated that they feel powerless to make changes in the CAFO applications or deny them when confronted with pertinent information regarding the hazards to the public of CAFO’s in Fremont County, Iowa; and,

WHEREAS, the Fremont County Board of Supervisors has often forwarded the public’s concerns about CAFO placements to the Department of Natural Resources (DNR) with little consequence to the CAFOs; and

WHEREAS, the air pollution from CAFOs travels beyond the CAFO site impacting the quality of life in the surrounding neighborhoods, causing property values to decline, resulting in lower tax revenue and resale values of people’s investments in their homes; and,

WHEREAS, the odors, nitrates, and bacteria that result from CAFOS negatively impacts community initiatives in Fremont County to increase tourism around the rivers and lakes; and,

WHEREAS,  corporations that build CAFOs are subsidized by the public when they benefit from the Pollution Control Exemption Tax; when they put roofs over manure pits; pay lower agricultural taxes rather than corporate rates; utilize federal subsidies found in the Farm Bill for buildings; pay lower water and utility rates; cause other land owners to carry the inequitable tax burdens for road repairs caused by heavy traffic and potential water degradation; and,

WHEREAS, the current legislation and regulation that applies to the use of a Master Matrix has failed to adequately differentiate between the geography, water sources and other critical considerations throughout different regions within the State; and,

WHEREAS, the failure to properly take into consideration information within the knowledge of local sources, has highlighted the failings of the Master Matrix to protect the air, water, health, “quality of life” and economic interests of the citizens we were elected to represent; and,

WHEREAS, the inadequacies of the Master Matrix in its present form have been scientifically documented and legislative remedies are needed.

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

Do hereby petition the Governor of Iowa and the State Legislature to address the failings of the Master Matrix to protect the air, water, health, “quality of life” and economic interests of the citizens we were elected to represent. 

Do hereby petition the Governor of Iowa and the State Legislature to institute local control so that counties can determine the appropriate siting and environmental protection requirements for CAFOs, as the Master Matrix has failed to protect our community during its 16-year existence.

Formally request that the DNR be directed to place a moratorium on any additional CAFO construction permits until there are fewer than 100 impaired waterbodies in the state of Iowa.

                PASSED AND ADOPTED this 4th day of June, 2019.
 

Bryce Taylor with Great Lakes Insurance Company in Crescent, IA, met with the board regarding Fremont County’s ICAP renewal. He stated that he talked to a supervisor about a law enforcement grant, a safety grant, and anniversary applications. The county is currently taking advantage of the safety grant and the anniversary applications. The law enforcement grant information has been forward the Sheriff’s Office.  

Motion made by to allow Chairman Graham to sign the Rural Transit System Joint Participation Agreement with SWIPCO. Motion carried unanimously. 

In other business, claims were approved for June 7, 2019. 

At 9:50 a.m., there being no further business, Sheldon made a motion to adjourn. Motion carried unanimously. 

ATTEST:

Fremont County Auditor                                                                                Terry Graham, Chairman

June 11, 2019:

The Fremont County Board of Supervisors met in regular session on Tuesday, June 11, 2019, in the Fremont County Courthouse Boardroom, with Graham and Sheldon present. Let the records show that Hickey was not present for the start of the meeting. A quorum was declared, and the meeting officially called to order at 9:00 a.m. Minutes of the previous board session was read and approved. The agenda was approved as posted. 

Also present for this meeting were EMC Mike Crecelius, Engineer Dan Davis, Assistant County Attorney Tyler Loontjer, Conservation Board Member Wilbur Henkle, Conservation Director Doug Weber, Nancy Tiemeyer, Robert Gast, District Court Administrator, Clerk of Court Robin Shirley, Stephen Meyer, Russell Stockstell, Brian Jeremiah with FEMA, Sandra Moores, and Sandy Parmenter with the Valley News Today. 

There was a brief update on rehabilitation assistance & non-structural alternatives to rehabilitation of flood control projects. Sheldon discussed the status of levee repairs. L575A should be closed in 7-10 days. Hamburg breach should be closed by mid-July. The breaches by Highway 34 should be closed by the end of the week. The breach by Bartlett has stalled because of weather. The USACE discussed in the meeting the #6 Ditch Levee at Hamburg. 

EMC Mike Crecelius met with the board regarding the evacuation order release and reentry plan. Crecelius recommends leaving the order in place.  Motion made by Sheldon to leave the evacuation order in place. Motion carried unanimously. The board will continue to discuss the evacuation order on a week-by-week basis. 

Assistant County Attorney Tyler Loontjer met with the board regarding storage space and reconfiguring their office. They would like to use the law library/conference room as a private office for the county attorney. She needs space to meet privately with clients.  The clerk stated that they use that space to hold female prisoners for court days and sometimes there are other uses for it such as attorneys meeting with clients. The auditor stated that we also have the conference room downstairs that can be used as needed if it is not already in use. Motion by Sheldon to table the issue until the board looks at the space. They would also like to paint the paneling in the county attorney’s office. The board stated that they had no problem with the painting as long as the trim woodwork is not painted. Loontjer assured them the woodwork would not be painted. 

Conservation Board Member Wilbur Henkle met with the board to discuss the surrender of Pinky’s Glen to the Tabor Fire Department as the original document states. The board discussed that there are two additional adjacent parcels that do not have the caveat that they be given to Tabor Fire Department. Assistant County Attorney Loontjer stated that the board would need to contact the next of kin of the individuals that gifted the land to the county. They would need to be asked if they are interested in having the property back. If not, they could go ahead and transfer those parcels to the Tabor Fire Department. Motion by Graham to table the issue until the county attorney makes contact with the next of kin on the other parcels. Motion carried unanimously. 

The board briefly discussed office space for West Central at the building that currently houses VA. The board would like to see an agreement drawn up for the space. Motion by Sheldon to provide space for West Central pending an agreement from the county attorney. Motion carried unanimously. 

Motion by Sheldon to allow Chairman Graham to sign work in right-of-way permit for MidAmerican Energy for extension of circuit feeder under and along Airport Road. Motion carried unanimously. 

Motion by Sheldon to allow Chairman Graham to sign work in right-of-way permit for Windstream Communications to place copper cable along west side of 242nd Avenue from 1601 to 1658.  One culvert will be bored and one new pedestal will be placed south of culvert. Motion carried unanimously.  

At 9:28 a.m., Randy Hickey joined the meeting by telephone. 

At 9:30 a.m., Sheldon moved to go into public hearing on the proposed 2018/2019 budget amendment.  Motion carried unanimously.  At 9:35 a.m., hearing no comments and with no objections, motion was made by Sheldon to go out of public hearing. Motion carried unanimously. 

Motion made by Sheldon to approve the budget amendment along with the following Resolution 2019-40.  Graham, aye; Hickey, aye; Sheldon, aye.

RESOLUTION NO. 2019-40

RECORD OF HEARING AND DETERMINATION ON THE BUDGET AMENDMENT
And CHANGE OF APPROPRIATIONS

On this 11^th day of June 2019, the Fremont County Board of Supervisors met in session for the purpose of amending the current operating budget adopted March 13^th, 2018.  The notice and time and place of hearing was published on May 30^th & May 31^st, 2019.  The amendment was taken up and considered and taxpayers heard for or against the amendment as follows and amendment passed unanimously:

Expenditures                                        From                        To               Difference
 

Amendment for Landfill bond proceeds, Home Health shortfall, insurance claims & expenses for Conservation and Sheriff’s Office.            

Motion to approve made by Sheldon.
 

At 9:38 a.m., Hickey left the meeting. 

Engineer Dan Davis presented his 2018/2019 DOT amended budget. Motion made by Sheldon to allow Chairman Graham to sign the amendment. Motion carried unanimously. 

The board discussed county held tax certificate 2017-405. Nancy Tiemeyer met with the board and is interested in purchasing the certificate. Treasurer Alise Snyder joined the meeting to explain the tax sale process. Tiemeyer will look at her options and ask to be placed on the agenda when she gathers more information.  

Sandra Moores stopped in to visit with the board regarding the impound lot. 

In other business, claims were approved for June 14, 2019. 

At 10:23 a.m., there being no further business, Sheldon made a motion to adjourn. Motion carried unanimously. 

ATTEST:
 

June 18, 2019:

The Fremont County Board of Supervisors met in regular session on Tuesday, June 18, 2019, in the Fremont County Courthouse Boardroom, with Graham, Hickey, and Sheldon 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. 

Also present for this meeting were Assistant County Attorney Tyler Loontjer, EMC Mike Crecelius, Assistant Engineer Robbie Kromminga, Steve Meyer, Sandy Parmenter with the Valley News Today, Brian Jeremiah with FEMA, and John Askew. 

There was a brief update on rehabilitation assistance & non-structural alternatives to rehabilitation of flood control projects. Sheldon discussed the status of levee repairs. Two of the breaches are plugged and the Percival breach L575A is almost complete. John Askew stated that he went out to look at the Waubonsie breach. They are not sure they can close that as the railroad is citing Article 8 of the Constitution. The USACE is trying to work together with the railroad to engineer a solution. Askew also stated that they were able to get some of the rock removed from under the McPaul overpass. That has helped the water to equalize. EMC Mike Crecelius stated that the hydrologists say that the river could be over a foot higher by next week due predicted heavy rains to our north. 

EMC Mike Crecelius met with the board regarding the evacuation order release and reentry plan. He presented a map showing the current roads that are accessible west of the bluff. Assistant Engineer Kromminga stated that the road department will go out every Friday to update the map as it changes daily. Assistant County Attorney Loontjer stated that he has a release of evacuation order already drawn up. He could include each of these roads in the order. Before doing so, he wants to be sure that none of those roads will re-flood. Graham stated that the problem is that there isn’t a road to place signs to make it clear that roads are closed. He isn’t worried about local traffic, but we still have people driving into the water consistently. Sheldon would like to see the general order extended for at least one week. In conjunction with this topic, John Askew met with the board regarding a clarification of the evacuation order. He would like a letter to the post office from the board or something in the minutes stating that he can get his mail delivered to his home. He moved his business mailbox to his home address on 160th Street. He would like 160th Street to be opened.  Motion made by Sheldon to sign release of evacuation order on 160th Street only. Motion carried unanimously. The board will continue to discuss the evacuation order on a week-by-week basis.  

Motion by Sheldon to approve a Class B Beer (including wine coolers) Permit for Williams-Jobe-Gibson Post 128 d/b/a/ Iowa’s Championship Rodeo. Motion carried unanimously.  

Arnold Emberton, IT Director, met with the board for the approval of the annual software agreement with Solutions, Inc. Motion made by Hickey to allow Chairman Graham to sign the agreement. Motion carried unanimously.  

Assistant Engineer Robbie Kromminga met with the board for the signing of the following:

Motion by Hickey to allow Chairman Graham to sign work in right-of-way permit for Windstream Communications, LLC to bore & place fiber 3.12 miles southwest from Sidney at 2220 Bluff Road. Motion carried unanimously. 

Motion by Sheldon to allow Chairman Graham to sign two right-of-way contracts with June Van Scyoc and Tom and Tracy Vanatta on Project #L-7-5-2-2-73-36 (250th Street). Motion carried unanimously. 

Motion by Hickey to sign the sublease agreement with West Central Community Action for temporary office space at the Nishnabotany Lodge building. Motion carried unanimously. 

Motion was made by Sheldon to allow Chairman Graham to sign the ICAP insurance renewal paperwork.  Motion carried unanimously. 

Claims were approved for June 21, 2019. 

In other business, the Sheriff’s monthly report for May was approved.   

At 9:53 a.m., there being no further business, made a motion to adjourn. Motion carried unanimously. 

ATTEST: 
 

June 25, 2019:

The Fremont County Board of Supervisors met in regular session on Tuesday, June 25, 2019, in the Fremont County Courthouse Boardroom, with Graham, Hickey, and Sheldon 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. 

Also present for this meeting were EMC Mike Crecelius, Engineer Dan Davis, Steve Meyer, Ben Roberts, and Sandy Parmenter with the Valley News Today. 

There was a brief update on rehabilitation assistance & non-structural alternatives to rehabilitation of flood control projects. Graham stated that he received an email from Paul Trombino & he would like to be on the agenda for the July 2nd meeting.  

EMC Mike Crecelius met with the board regarding the evacuation order release and reentry plan. Crecelius recommended if the board is considering lifting the order that they lift it for anything north of Highway 2. Most of the area south of Highway 2 is still under water. The board thinks perhaps a dawn to dusk only order. Engineer Davis suggested emphasizing through the media that traveling there is at the public’s own risk.  Motion by Hickey to lift the mandatory evacuation order for areas north of Highway 2 for stakeholders and authorized personnel only from dawn to dusk and leave it in place for all other areas. Motion carried unanimously. The board will continue to discuss the evacuation order on a week-by-week basis. 

Motion made by Hickey to approve the following Resolution 2019-41. Motion carried unanimously.

RESOLUTION NO. 2019-41

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 25th day of June 2019, that the Auditor be authorized to cancel outstanding warrants that are over one year old.

Motion made by Hickey.
 

Motion made by Hickey to approve the following Resolution 2019-42. Motion carried unanimously.

RESOLUTION NO. 2019-42

BE IT HERBY RESOLVED by the Fremont County Board of Supervisors this 25th day of June 2019 that the following change in appropriations be made:

Expenditures

Increase    02000-09000-113-01-10                        $2,251.00
Decrease   02000-09020-113-03-10                       $1,147.00
Decrease   02000-09010-113-02-10                       $1,104.00

Motion made by Hickey.
 

Motion made by Hickey to approve the following Resolution 2019-43. Motion carried unanimously.

RESOLUTION NO. 2019-43

Resolution Authorizing Appropriations to County Offices and Departments FY 2019/2020

Resolution to appropriate 100% of the budgeted amounts for expenditures deemed necessary to all Budgetary Funds/Departments FY 2019/2020, as published in the Notice of Public Hearing Budget Estimate on February 28 & March 1, 2019.

Motion made by Hickey.

PASSED AND APPROVED, this 25th day of June, 2019.
 

Ben Roberts met with the board regarding the Veteran’s Affairs position that is being vacated by Carlene Hall. He has been chosen by the Veteran’s Affairs Commission to assume the position. Motion by Hickey to accept the new hire for veteran’s services officer. Motion carried unanimously.
 

The board briefly discussed the General Assistance position that is now open. The position has been posted and there has only been one person interested in it. The board will act on this during next week’s meeting after the posting time has expired. 

Engineer Dan Davis met with the board regarding an engineering & surveying services agreement. The letting will be in the mid-winter. It will remain closed until completion. Davis will use farm-to-market funds. Motion by Sheldon to allow Chairman Graham to sign the agreement with HGM Associates for engineering & surveying services for bridge replacement on 310th Avenue. Motion carried unanimously.  

At 9:41 a.m., EMC Mike Crecelius phoned into the meeting to discuss a phone call he received while he was at the meeting. The call stated that the railroad is closing the road west of Bartlett. Sheldon stated that in the next 10 days they will be repairing all crossings in Fremont County beginning with the crossing in Bartlett. 

At 9:42 a.m., Sandra Moores joined the meeting. 

Engineer Davis also briefly discussed a letter of support regarding the county working with IDOT, USACE, and other entities on the 185^th Avenue connection to new Highway 2. 

Board Member Sheldon discussed writing a letter of support to allow for the application for federal grant funds for the raising of State Highway 2. He has been contacted by Todd Szymkowski with Gannett Fleming, Inc. out of Wisconsin. His company has been hired by the IDOT. He is requesting the support of the board to apply for federal grants. Motion by Sheldon to sign the letter of support provided by the company for the grants for the project on Highway 2. Motion carried unanimously. 

Let the records show that Weed Commissioner Howard Nelson was unable to attend this meeting. 

Alise Snyder, Treasurer, presented a tax sale report to the board, showing results of the on-line tax sale just completed June 17, 2019.  The report shows 233 parcels were sold for the total dollar value of $108,569.76.  Fremont County acquired 5 parcels at the on-line public bidder sale in the total dollar value of $1,444.30. Snyder said that there were 230 on-line bidders and the sale went very well. 

Sandra Moores stopped in to visit with the board regarding the impound lot. She stated that she feels like she has been lied to about money in the budget. The sheriff has had many loads of rock hauled in and she has been told that he is putting up a shed after she was told that it was not in the budget to move the lot. The board asked her if she had spoken to the sheriff. She had not. The board suggested she follow-up with the city regarding the nuisance regulations in Sidney. The board will follow-up with the sheriff. 

Claims were approved for June 28, 2019. 

At 9:55 a.m., there being no further business, Hickey made a motion to adjourn. Motion carried unanimously. 

ATTEST:

Fremont County Auditor                                                                                Terry Graham, Chairman

June 28, 2019:

The Fremont County Board of Supervisors met in special session on Tuesday, June 28, 2019, in the Fremont County Courthouse Boardroom, with Graham and Hickey. Sheldon was present by telephone. 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. 

Also present was Assistant County Attorney Tyler Loontjer.  

Loontjer spoke to the board to let them know that County Attorney Elliott will be utilizing the law library as an office. 

Additional year end claims were approved for June 28, 2019. (Previously published with minutes from June 25th, 2019)

Kriegler Office Equipment                        $398.95
MTE Office Center                                    $191.99
Solutions, Inc.                                      $1,259.35 

At 9:06 a.m., there being no further business, Hickey made a motion to adjourn. Motion carried unanimously. 

ATTEST:

Fremont County Auditor                                                                                Terry Graham, Chairman

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