Board of Supervisors Minutes
July 2001
July 3, 2001:
The Fremont County Board of Supervisors met in regular session on Tuesday, July 3, 2001, in the Fremont County Courthouse, Boardroom, with Whipple and Hickey present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Supervisor Hickey moved to approve the agenda as posted; vote carried unanimously. Supervisor Hickey moved to approve the minutes of the previous Board session; vote carried unanimously.
At 9:00 a.m. the continuation of the public hearing for an amendment to the zoning ordinance was held. Present were County Engineer and Zoning Commissioner Dan Davis, County Attorney Vicki Danley and Jim Baylor. Jim Baylor presented the change to the amendment to the zoning ordinance. The group discussed abandonment of towers, lighting of towers, height of towers. Whipple said if you don’t have the three hundred fifty foot towers, how many two hundred foot towers are going to have to be built to cover the area that would be covered by a larger tower and he would like to have that information. After lengthy discussion Hickey moved to continue the hearing to amend zoning ordinance number 1 to Tuesday, July 10, 2001. Motion seconded by Whipple and carried unanimously.
In other business, motion was made by Hickey to approve cigarette permit and renewal license for off-premise liquor, wine and beer for Crossroads Texaco LLC. Motion seconded by Whipple and carried unanimously. The Report of Soldiers Relief Commission was approved.
There being no further business, motion for adjournment was made.
ATTEST:
Fremont County Auditor John E. Whipple, Chairman
July 5, 2001:
The Fremont County Board of Supervisors met in regular session on Thursday, July 5, 2001, in the Fremont County Courthouse, Boardroom, with Whipple, Aistrope and Hickey present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Supervisor Hickey moved to approve the agenda as posted; vote carried unanimously. Supervisor Aistrope moved to approve the minutes of the previous Board session; vote carried unanimously.
At 9:00 a.m. motion was made by Hickey to authorize Chairman Whipple to sign the agreement with Country Acres Care to provide residential services and a day activity program in compliance with the Fremont County Mental Health Management Plan. Motion was seconded by Aistrope, carrying unanimously.
In other business, claims were approved for July 6, 2001.
There being no further business, motion for adjournment was made.
ATTEST:
Fremont County Auditor John E. Whipple, Chairman
July 10, 2001:
The Fremont County Board of Supervisors met in regular session on Tuesday, July 10, 2001, in the Fremont County Courthouse, Boardroom, with Whipple, Aistrope and Hickey present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Supervisor Hickey moved to approve the agenda as posted; vote carried unanimously. Supervisor Aistrope moved to approve the minutes of the previous Board session; vote carried unanimously.
At 9:00 a.m. the hearing for an ordinance amending Ordinance No. 1 ‘Zoning Ordinance for the Unincorporated Area of Fremont County, Iowa’ to provide for a non-refundable fee for all special use permit applications under Section 14, and to provide for a special permit application form and procedure for proposed wireless telecommunication service provider sites in Fremont County and providing standards for the issuance of special use permits in the case of wireless telecommunication service provider sites. Present were Dan Davis, Jim Baylor, Vicki Danley, Ross Silcock, Ron and Sally Howery and Auditor Lucille Hunt. Letters of support for the zoning amendment were read from Nancy Newlon and John Askew. Ron and Sally Howery said they were concerned about the tower height, tower lights and lighted towers are a danger to birds. Baylor said the key to controlling this is to limit the towers to two hundred feet. Whipple asked them if a tower was being built in the southeast part of the county if they would not want them built there. Whipple asked Baylor where he received his information and he said he received it from the Fish and Wildlife Service. Whipple said he talked to two engineers and the two hundred foot towers are constructed in urban areas but two hundred foot towers are not constructed in rural areas. As a general rule it takes two 200 foot towers to one taller tower and the height of towers are capped by the FCC. Whipple questioned why you would want more towers instead of fewer tall towers. Hickey said towers have been in Fremont County for years. Whipple said there are a lot of dead spaces in Fremont County where you can’t even use a cell phone. Whipple said you can build a taller tower but not with guy wires. Howery suggested the building of towers in the hills but Baylor did not agree. Silcock said we need taller towers with the least obtrustive lighting with no guy wires. Silcok said there are no studies of towers under 200 feet and he said birds are also killed by flying into windows and by cats and hunters. Baylor said the towers attract attention and do not enhance the beauty of Fremont County and the lights are a problem that kills birds and again said the Fish and Wildlife Service through its office of Migratory Bird Management recommends that towers, if possible, be constructed less than 200 feet, based on studies by governmental agencies, industry, academia and NGO’s. He also said a Presidential Executive Order said to support the conservation intent of the migratory bird conventions by integrating bird conservation principles, measures, and practices into agency activities and by avoiding or minimizing, to the extent practicable, adverse impacts on migratory bird resources when conducting agency actions and to restore and enhance the habitat of migratory birds, as practicable. He also said this amendment came to the Board from the Zoning Commission with a recommendation of support. Whipple asked why would you want to restrict Fremont County so severely that Fremont County would have no service as the big companies would just go around Fremont County and the Board has responsibility for the entire county not just the I29 corridor and that the people in other parts of the county need the service. Baylor asked the Board if they would visit with the Omaha city planner and he also received advice from Des Moines and they told him to make the ordinance as restrictive as possible. He proposed they approve the amendment as presented. County Attorney Vicki Danley said the idea of this ordinance is to make it restrictive and then make exceptions later. Danley said you have a procedure if you need a variance . Whipple said they already have that procedure as they now have to apply for a special use permit. Silcock said the companies that provide the service would just ignore Fremont County and it would still be a deadwood area and he feels we need to go forward and not restrict towers to 200 feet. He feels this restriction would keep them from building in Fremont County. Davis said three companies want to build towers. Nextel went to Nebraska. Whipple asked to call for a vote. Aistrope said he felt it would be better to have one tower built than three smaller towers. Aistrope said he thinks the towers could be restricted to 320 feet instead of 200 feet with other changes to the amendment including the less obtrustive lighting and no guy wires. Aistrope moved to continue the hearing for an ordinance amending Ordinance No. 1 ‘Zoning Ordinance for the Unincorporated Area of Fremont County, Iowa’ to provide for a non-refundable fee for all special use permit applications under Section 14, and to provide for a special permit application form and procedure for proposed wireless telecommunication service provider sites in Fremont County and providing standards for the issuance of special use permits in the case of wireless telecommunication service provider sites, to 9:00 a.m. Thursday morning, with the changes made to the ordinance. Motion was seconded by Hickey and carried unanimously.
At 10:30 a.m. motion was made by Hickey to authorize Chairman Whipple to sign a temporary road closure resolution. Motion was seconded by Aistrope. Aistrope, aye; Hickey, aye; Whipple, aye.
TEMPORARY ROAD CLOSURE RESOLUTION: WHEREAS: Section 306.41 of the Code of Iowa provides that "The agency having jurisdiction and control over any highway in the state, or the chief engineer of said agency when delegated by such agency, may temporarily close sections of a highway by formal resolution entered upon the minutes of such agency when reasonable and necessary because of construction, reconstruction, maintenance or natural disaster and shall cause to be erected ROAD CLOSED signs and partial or total barricades in the roadway at each end of the closed highway section and on the closed highway where that highway is intersected by other highways if such intersection remains open. Any numbered road closed for over forty-eight hours shall have a designated detour route. The agency having jurisdiction over a section of highway closed in accordance with the provisions of this section, or the persons or contractors employed to carry out the construction, reconstruction, or maintenance of the closed section of highway, shall not be liable for any damages to any vehicle that enters the closed section of highway or the contents of such vehicle or for any injuries to any person that enters the closed section of highway, unless the damages are caused by gross negligence of the agency or contractor."
NOW, THEREFORE, BE IT RESOLVED by the Fremont County Board of Supervisors that the County Engineer be authorized to close Fremont County Secondary roads as necessary with the actual dates of closure to be determined by the County Engineer as follows:
1. For Construction: any project as described in the approved Fremont County Secondary Road
Construction Program for the current fiscal year and any approved supplements thereto.
2. For Emergency Closure of any road for maintenance purposes: Any route deemed necessary by the County Engineer.
Passed and Approved this 10th day of July, 2001.
ATTEST:
/s/ Lucille
Hunt
/s/ John E. Whipple, Chairman
Fremont County
Auditor
Board of Supervisors
Motion was made by Aistrope to authorize Chairman Whipple to sign two Iowa Department of Transportation payment vouchers to Kirkham Michael & Associates, Inc. for Projects FM-CO36(25)—55-36 and BROS-CO36(27)—5F-36. Motion was seconded by Hickey and carried unanimously.
In other business, payroll for July 13, 2001 and the Recorder’s Monthly Report of Fees Collected were approved.
There being no further business, motion for adjournment was made.
ATTEST:
Fremont County Auditor John E. Whipple, Chairman
July 12, 2001:
The Fremont County Board of Supervisors met in regular session on Thursday, July 12, 2001, in the Fremont County Courthouse, Boardroom, with Whipple, Aistrope and Hickey present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Supervisor Hickey moved to approve the agenda as posted; vote carried unanimously. Supervisor Aistrope moved to approve the minutes of the previous Board session; vote carried unanimously.
At 8:30 a.m. the Board visited with Dennis Jordan and asked him to spray the interior of the Courthouse twice a month instead of once a month.
Ray Shoemake from Hamburg stopped in to visit with the Board. He wanted a picture to hang in the Courthouse depicting the founders of Sidney. The Board said that it would be alright but they could not promise him he could get it back as they could not be held responsible for the picture.
At 8:45 a.m. Gary Mahood, IMWCA, met with the Board. He is going to visit the various locations of Fremont County in regards to Workman Compensation claims and safety.
At 9:00 a.m. the continuation of the public hearing for Zoning Ordinance 2001-1, an ordinance amending Ordinance No. 1 ‘Zoning Ordinance for the Unincorporated Area of Fremont County, Iowa’ to provide for a non-refundable fee for all special use permit applications under Section 14, and to provide for a special permit application form and procedure for proposed wireless telecommunication service provider sites in Fremont County and providing standards for the issuance of special use permits in the case of wireless telecommunication service provider sites. Present were the Board of Supervisors, County Attorney Vicki Danley and Auditor Hunt. Upon recommendation by Vicki Danley, after the Board reviewed Ordinance 2001-1, motion was made by Hickey to approve the first reading and waive the second and third reading of Ordinance 2001-1. Motion was seconded by Aistrope. Hickey, aye; Aistrope, aye; Whipple, aye. Motion was made by Hickey to adopt Ordinance 2001-1, effective upon publishing. Motion seconded by Aistrope. Hickey, aye; Aistrope, aye; Whipple, aye. Ordinance will be published July 26, 2001.
County Attorney Vicki Danley discussed the retaining wall under construction. She told the Board that if the project is over $50,000 a public hearing needs to be held. The Board told her there is no plan to complete the retaining wall as the work on the wall will only be continued as funds allow. They responded that a public hearing would be held if the project would exceed the $50,000 cost.
At 9:30 a.m. County Treasurer Christine Sheldon presented the Semi-Annual Report to the Board.
The following claim was approved for a hand-written warrant. Secondary Road Fund: H. P. Smith Ford, 61,506.00.
At 11:00 a.m. the Board of Supervisors wrote a memo to the District Judges, Clerk of Court, County Attorney, Fremont County Bar and the Magistrate in regards to what books to keep in the law library. When the law library was converted to Westlaw, as requested by the County Attorney and the Fremont County Bar Association and approved by resolution by the Board on December 12, 2000, they told the Board they would let the Board know what books could be discarded as they are no longer used. The Board wrote in a memo today and asked if they had any suggestions or objections as to what books need to be kept and the suggestions or objections need to be filed in the Fremont County Auditor’s office by July 26, 2001 so they will not be discarded.
There being no further business, motion for adjournment was made.
ATTEST:
Fremont County Auditor John E. Whipple, Chairman
July 13, 2001:
The Fremont County Board of Supervisors met in special session at 11:00 a.m. on Friday, July 13, 2001, to meet with Architect Rick Caruth from Newmann Monson in regards to the Courthouse renovation. Present were Whipple, Aistrope and Hickey. Also present was a representative from Renaissance Restoration. The south entrance needs attention in regards to the glass and aluminum. The windows are streaked. The bricks behind the generator need to be restored.
There being no further business, motion for adjournment was made.
ATTEST:
Fremont County Auditor John E. Whipple, Chairman
July 17, 2001:
The Fremont County Board of Supervisors met in regular session on Tuesday, July 17, 2001, in the Fremont County Courthouse, Boardroom, with Whipple, Aistrope and Hickey present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Supervisor Hickey moved to approve the agenda as posted; vote carried unanimously. Supervisor Aistrope moved to approve the minutes of the previous Board session; vote carried unanimously.
At 9:00 a.m. Christie McKinley, Kevin Brannen, Darwin Bugg, Phil Wing and Jim Doyle from the Soil and Water Conservation District met with the Board in regards to the Sheryl Sanders Classroom site. SWIPCPO is administering the grant and the grant was to just pass through the county from Sanders to the Soil and Water Conservation District for needed classroom. The group had a teleconference with Pat Hall from SWIPCO and voiced their concerns about the problems at the site. Darwin Bugg said the track on the building to be left was damaged and they cannot use the door, they discovered chunks of concrete and other debris buried on the site and the site is not level enough to mow. Pat Hall will set up a meeting with the various people involved with the project, including the contractors and the previous owner. The meeting will be held at the site.
At 10:00 a.m. County Engineer Dan Davis met with the Board. Motion was made by Aistrope to authorize Chairman Whipple to sign three applications for approval of underground construction on county highway right of way to: Iowa Telecommunications Services, Inc. for buried telephone cable within Waubonsie Ridge Subdivision on 280th Ave. and 252nd St. in Sidney Township, Section 22; and ENVY Contractors to bore under 410th Ave. and 190th St. to install QWEST phone lines. Motion was seconded by Hickey and carried unanimously. Motion was made by Hickey to approve the following resolution for temporary road closing, seconded by Aistrope, carrying unanimously.
RESOLUTION FOR TEMPORARY ROAD CLOSING: 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
WHEREAS the County Engineer has determined that bridge No. MSA 7 is unable to carry any vehicle load
NOW THEREFORE BE IT RESOLVED by the Fremont County Board of Supervisors that the following section of highway be temporarily closed as necessary until such time as said construction, reconstruction, or repair work has been completed.
A local road in Madison Township more particularly described as follows:
Commencing at a point 50 feet north of the center of Section 16, T67N-R41W (335th Avenue) of the 5th P>M>, Fremont County, Iowa; thence north 200 feet and terminating at a point 250 feet north of the center of said Section 16.
Dated 7-17-01
ATTEST:
/s/ Lucille Hunt
/s/ John E. Whipple
aye
Fremont County Auditor
/s/
David Aistrope aye
/s/ Keith Hickey aye
Motion was made by Aistrope, seconded by Hickey, carrying unanimously to authorize Chairman Whipple to sign an agreement between Fremont County and the Iowa Department of Transportation for Project BROS-CO36(27)—5F-36, Agreement 401-HBRR-002, which involves FHWA structure #161020 replacement located over Deer Creek, West Line, Section 10, T-70N, R-41W. Motion was made by Aistrope, seconded by Hickey, carrying unanimously, to authorize Chairman Whipple to sign the final payment voucher for FM-CO36(30)—55-36, ACC resurfacing to Henningsen Construction of Atlantic.
In other business, an application for a cigarette permit for Percival Farm Service was approved. Claims were approved for June 20, 2001. Claim No. 14314 for the County Attorney is being withheld pending Attorney General’s opinion.
There being no further business, motion for adjournment was made.
ATTEST:
Fremont County Auditor John E. Whipple, Chairman
July 19, 2001:
The Fremont County Board of Supervisors met in regular session on Thursday, July 19, 2001, in the Fremont County Courthouse, Boardroom, with Whipple, Aistrope and Hickey present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Supervisor Aistrope moved to approve the minutes of the previous Board session; vote carried unanimously. Supervisor Hickey moved to approve the agenda as posted; vote carried unanimously.
At 9:00 a.m. the Conservation Board met with the Supervisors to discuss a new irrigation system for the Fremont County Golf Course. Present were Jack Gibson, Kirk Shearer, Robert Smith, Robert Benton and Steve White. Jack Gibson explained that the present sprinkler system is thirty years old; repairs are costly and some parts are obsolete. Extra labor is required to operate the sprinklers as they need to run 10 to 12 hours a day and this has to be done by hand. The new system would be completely automatic and would mean savings in electrical costs, chemical and labor. A new system could be installed this fall, possibly the first week in September, depending on the weather. The financial plan is to lease purchase. The project cost is $170,812.65 with interest at 6.5%. A down payment of $70,000.00 would be due after construction, with four annual payments of $29,553.27 and a lease end value (Buyout) July 15, 2005 of $1.00. The Conservation Board has had one public hearing, as published, and another will be held. The Board of Supervisors supports the project and has contacted the County Attorney as to whether or not they also are required to hold a public hearing on the lease purchase. The County Attorney will respond by Tuesday, July 24.
At 9:30 a.m. County Engineer Dan Davis met with the Board. Motion was made by Aistrope to authorize Chairman Whipple to sign Right of Way Contracts for Deer Creek Bridge Project BROS-CO36(27)—5F-36 with Bernice E. Trively Estate and Gladys Demanett. Motion was seconded by Hickey and carried unanimously.
There being no further business, motion for adjournment was made.
ATTEST:
Fremont County Auditor John E. Whipple, Chairman
July 24, 2002:
The Fremont County Board of Supervisors met in regular session on Tuesday, July 24, 2001, in the Fremont County Courthouse, Boardroom, with Whipple and Aistrope present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Supervisor Aistrope moved to approve the agenda as posted; vote carried unanimously. Supervisor Aistrope moved to approve the minutes of the previous Board session; vote carried unanimously.
Payroll was approved for July 27. The Sheriff’s Monthly Report for the month of June was approved.
There being no further business, motion for adjournment was made.
ATTEST:
Fremont County Auditor John E. Whipple, Chairman
July 26, 2001:
The Fremont County Board of Supervisors met in regular session on Thursday, July 26, 2001, in the Fremont County Courthouse, Boardroom, with Whipple, Aistrope and Hickey present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Supervisor Hickey moved to approve the agenda as posted; vote carried unanimously. Supervisor Aistrope moved to approve the minutes of the previous Board session; vote carried unanimously.
At 9:00 a.m. County Engineer Dan Davis met with the Board. Motion was made by Hickey to authorize Chairman Whipple to sign an application for approval of underground construction of county highway right-of- way to Iowa Telecommunications Services, Inc., Grinnell, Iowa for underground construction of buried copper telephone cable bored under 330th Ave., then south to a new house at 2382 330th Ave., two miles north of Riverton. Motion was seconded by Aistrope and carried unanimously.
At 9:30 a.m. Danley Lorimor met with the Board on behalf of Virginia Ryberg. A ditch needs to be cleaned out on a level B road and he would like to move his drive from the bridge area to a safer entrance. He would like to put the spoils on the road. County Engineer Dan Davis said he would look at the road.
At 10:00 a.m. a hearing, called on request by Nishna Productions, to request that the Fremont County Board of Supervisors reverse the action taken by the CPC and grant a consumer one additional day of workshop/vocational funding at full funding provided by the County. Present were Sherrie Clark, Sandra Sillers, Dr. Darwin Larson, Tracy Fulner, Diane Starrett and the consumer and the consumer’s mother. Whipple asked if the appeal process was followed and Sillers said the process was not followed by Nishna Productions according to the management plan but to go on with the appeal. The request was made to reverse the action taken by the CPC and grant an additional day of workshop funding. The Adult Day Services are now being provided by Country Acres Care in Fremont County. Sillers said that vocational funding is based on skill levels and vocational needs and that the State of Iowa has reduced funding for Fremont County by $57,000. Sillers said she is trying to keep everyone at a level of care because Fremont County is at the maximum levy for mental health and so far she has not had a waiting list for mental health care in Fremont County. After considerable discussion Whipple said the Supervisors have some time to write the response to the hearing. Motion was made by Hickey to adjourn the hearing, seconded by Aistrope and carried unanimously.
Aistrope left to attend a SWIPCO meeting in Atlantic.
In other business, a letter was written in response to a request just received from Golden Hills Resource Conservation and Development, Inc. to support the concept of fire training in the Loess Hills and the availability of fire equipment needed in each county. The response needed to be made by July 30, 2001 in order for Golden Hills Resource Conservation and Development, Inc. to be able to apply for a grant. Motion was made by Hickey to write the letter of support, seconded by Whipple, carrying unanimously.
There being no further business, motion for adjournment was made.
ATTEST:
Fremont County Auditor John E. Whipple, Chairman
July 31, 2001:
The Fremont County Board of Supervisors met in regular session on Tuesday, July 31, 2001, in the Fremont County Courthouse, Boardroom, with Whipple, Aistrope and Hickey present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Supervisor Hickey moved to approve the agenda as posted; vote carried unanimously. Supervisor Aistrope moved to approve the minutes of the previous Board session; vote carried unanimously.
Claims for August 3, 2001 were approved. Claim number 14556 for the County Attorney is being withheld pending an Attorney’s opinion.
There being no further business, motion for adjournment was made.
ATTEST:
Fremont County Auditor John E. Whipple, Chairman