Board of Supervisors Minutes August 2001

Board of Supervisors Minutes

August 2001

August 2, 2001:

The Fremont County Board of Supervisors met in regular session on Thursday, August 2, 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.

The Recorder’s Monthly Report of Fees Collected was approved.

There being no further business, motion for adjournment was made.

ATTEST:

Fremont County Auditor John E. Whipple, Chairman

August 7, 2001:

The Fremont County Board of Supervisors met in regular session on Tuesday, August 7, 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 strike the 10:15 a.m. discussion of attorney’s opinion on office rent for county attorney because the Board of Supervisors were served notice of LAW NO. LACV023191 against the Board of Supervisors filed by Vicki Danley, individually and in her capacity as Fremont County Attorney. Motion was seconded by Aistrope and carried unanimously. Hickey moved to approve the remainder of 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 Aistrope to authorize Chairman Whipple to sign a contract and bond from Barton Construction Co., Inc. for Project FM-CO36(28)—55-36, RCB Culvert Replacement on J22 at the north branch of Camp Creed, approximately 2.5 miles east of the junction with U.S. 275. Motion was seconded by Hickey and carried unanimously.

At 10:00 a.m. motion was made by Aistrope to hire Renee Von Bokern from Von Bokern Associates, Inc. as union negotiator. Motion was seconded by Hickey and carried unanimously.

At 10:30 a.m., after discussion, motion was made by Hickey to deny the appeal initiated by Nishna Productions on July 26, 2001, in regards to a funding decision made by Sandra Sillers, Fremont County CPC. Motion was seconded by Aistrope and carried unanimously. A formal letter of the decision will be drafted and forwarded to Nishna Productions and Sandra Sillers on Thursday, August 9, 2001.

In other business, payroll for August 10, 2001 was approved.

There being no further business, motion for adjournment was made.

ATTEST:

Fremont County Auditor John E. Whipple, Chairman

August 9, 2001:

The Fremont County Board of Supervisors met in regular session on Thursday, August 9, 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. 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. Paul Bennett, representing the Hamburg City Council, met with the Board in regards to a letter of support to start RAGBRAI in Hamburg. After discussion it was agreed to wait until the Hamburg City Council takes action on the matter.

At 9:30 a.m. the Board reviewed a request by the County Attorney to appoint a Special Prosecutor. Motion was made by Aistrope to appoint C. Kenneth Whitacre, Mills County Attorney, to be a special prosecutor in case no.

SMMG026897 State V. Michael T. Bainter at the request of the County Attorney because of a conflict of interest of the County Attorney’s Office. Motion was seconded by Hickey and carried unanimously.

At 10:15 a.m., after discussion, Resolution No. 2001-46 was approved.

RESOLUTION TO CHANGE APPROPRIATION: WHEREAS, Iowa Code 331:434(6) states that the Board shall appropriate, by resolution, the amounts deemed necessary for each of the different county officers and departments during the ensuing fiscal year, and

WHEREAS, Iowa Code 331:434(6) states that increases or decreases in these appropriations do not require a budget amendment, but may be provided by resolution, at a regular meeting of the Board, as long as each class of proposed expenditures contained in the budget is not increased. However, decreases in appropriations for a county officer or department of more than 10% or $5,000.00, whichever is greater, shall not be affected unless the Board sets a time and place for a public hearing on the proposed decrease and publishes notice of the hearing not less than ten, nor more than 20 days prior to the hearing, and

WHEREAS, an appropriation decrease in the amount of $5906 for the County Attorney’s department is not more than 10% of the departmental appropriation, and

WHEREAS, March 13, 2001, a response was written to the County Attorney in regards to moving the County Attorney’s office back to the Courthouse by July 1, 2001, and

WHEREAS, April 3, 2001, a response was sent to the County Attorney confirming the move of the County Attorney’s office to the Courthouse by July 1, 2001.

NOW, THEREFORE, be it resolved by the Fremont County Board of Supervisors this 9^th day of August, 2001, that claim numbers 14314 for rent and claim number 14556 for electric will be paid from the County Attorney’s department on August 9, 2001 and that the appropriation for the County Attorney’s department be reduced in the amount of $5098.00 for rent and $808.00 for utilities.

Motion made by Aistrope, seconded by Hickey, carrying unanimously.

Passed this 9^th day of August, 2001.

ATTEST:

/s/ Lucille Hunt                                                   /s/ John E. Whipple      aye
Fremont County Auditor                                  /s/ David Aistrope       aye
                                                                           /s/ Keith Hickey           aye

At 10:25 a.m. resolution number 2001-47 was approved.

RESOLUTION ABATING TAXES ON LAND OWNED BY CITY OF RANDOLPH: WHEREAS, the City of Randolph now owns certain property in Randolph, Fremont County, Iowa, Parcel No. 450450077000000, described as:

LTS 11 – 15, Block 17, City of Randolph, Fremont County, Iowa, according to the recorded plat thereof.

WHEREAS, the property has been owned by the City of Randolph 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 9^th day of August, 2001.

Motion by Aistrope, seconded by Hickey, carried unanimously.

ATTEST:

At 10:30 a.m. motion was made by Hickey to authorize Chairman Whipple to sign a formal letter informing Nishna Productions of the decision made on Tuesday, August 7, 2001 to deny an appeal made by Nishna Productions. Motion was seconded by Aistrope, carrying unanimously.

At 10:45 a.m. motion was made by Hickey to authorize Chairman Whipple to sign letters to various departments affected by the Iowa Municipalities Workers Compensation Association Inspection for corrective measures or improvements in their departments. A return response is to be sent to the Board of Supervisors by September 7, 2001.

Motion was made by Aistrope to approve the renewal license for off premise liquor, wine or beer and Sunday Sales for The Junction, Percival, IA. Motion was seconded by Aistrope and carried unanimously.

Paul Wienen from Renaissance Restoration presented the Board with a final invoice for the Courthouse restoration. A discrepancy in the final invoice will be researched. Hickey telephoned the architect and told him of the discrepancy and also about the damaged windows that was not mentioned in the final letter.

A copy of Law No. LACV023191 filed in the Iowa District Court for Fremont County at Sidney, Iowa, Vicki Danley, individually and in her capacity as Fremont County Attorney, Plaintiff, v. Fremont County, Iowa; John Whipple, Keith Hickey, David Aistrope in their capacity as members of the Fremont County Board of Supervisors, was forwarded to the Supervisors Attorney.

The following claims were approved for handwritten warrants for payment on August 9, 2001. General Basic Fund: Vicki R.Danley, 463.50; MidAmerican Energy Co., 192.16.

There being no further business, motion for adjournment was made.

ATTEST:

Fremont County Auditor John E. Whipple, Chairman

August 14, 2001:

The Fremont County Board of Supervisors met in regular session on Tuesday, August 14, 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. 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. Margaret Henkle met with the Board. She presented a report, signed by Wilbur Henkle, Project Manager, to the Board of Supervisors in regards to the paving of 405 feet of Moody Drive that was completed by the current landowners in the fall of 2000. The old concrete was removed from the street and curbing. It was replaced with 7" deep concrete reinforced with wire mesh; concrete approximately 26’ wide including curb; expansion joint every 20’ – sawed every 10’; concrete 47B. The easements of 10’ required from the current landowners were completed and recorded November 22, 2000 and the project was completely funded in the amount of $39,256.00 by the current landowners and paid in full. Attached to the request were copies of General Testing Laboratories, one dated October 20, 2000 and one dated November 20, 2000 and also attached was the agreement of the county supervisors approval to proceed with the project. They ask that the county approve and accept responsibility of curb and street maintenance of this portion of Moody Drive. The Board of Supervisors said they would forward the information to the County Engineer.

At 9:30 a.m. motion was made by Hickey to approve the following resolution.

A RESOLUTION PROVIDING FOR A PUBLIC HEARING AND PUBLICATION OF NOTICE IN REGARD TO FREMONT COUNTY ASSIGNING A CERTIFICATE OF PURCHASE AT TAX SALE TO THE FOLLOWING:

Parcel Number 450450150000000 – 66’ X 286’ NE COR OF SE NW Sec 16 Twn 070 Rng 41, in the original town of Randolph, Fremont County, Iowa, according to the recorded plat thereof,

WHEREAS, the Fremont County Board of Supervisors proposes to assign a certificate of purchase at tax sale for parcel number 450450150000000, 66’ x 286’ NE COR OF SE NW Sec 16 Twn 070 Rng 41 in the City of Randolph, to the City of Randolph, Randolph, Iowa, in exchange for the City of Randolph’s promise to pay all legal expenses for the abatement of the nuisances now located on said property plats thereof and to bring the properties up to an appropriate level of maintenance.

THEREFORE, be it resolved that a public hearing on the foregoing proposal shall be held at 9:00 a.m. on the 4^th day of September, 2001, in the Boardroom in the Fremont County Courthouse, Sidney, Iowa, and that the notice of the hearing shall be published as provided by the Iowa Code Section 331.361(2). The Fremont County Auditor is directed to publish a notice of public hearing in the Sidney Argus Herald, once, at least four days but not more than twenty days before the date of the public hearing.

Adopted this 14^th day of August, 2001.

ATTEST:

At 9:35 a.m. Dan Davis, County Engineer, met with the Board. The Board gave him the Moody Drive report.

Discussion was held in regards to Project FM-36(25)—55-36, the road by the new Sidney High School. Design revisions were necessary to the plans as a result of issues discussed during right of way negotiations. Changes to the plans and quantities were made to move two entrances and provide an additional entrance. Changes to the right of way plans were also made for several parcels as a result of right of way negotiations. The final plans also required revision due to a delay in the letting date to November 6, 2001. The previous review by Iowa DOT was completed in December 2000. The Iowa DOT has revised their standard specifications and many standard road plans, and the plans are updated to incorporate these revisions. The total cost of the additional services by Kirkham Michael, Consulting Engineers, is $7,900 with a total revised contract amount of $108,500 to Kirkham Michael Consulting Engineers. Therefore, motion was made by Hickey to authorize Chairman Whipple to sign Supplemental Agreement No. 3 for Additional Engineering Services for FM-36(25)—55-36 Grading and Paving, Fremont County, Iowa with Kirkham Michael Consulting Engineers. Motion was seconded by Aistrope and carried unanimously. Motion was made by Aistrope to authorize Chairman Whipple to sign a Fremont County Board of Supervisors Application for Approval of Underground Construction of County Highway Right of Way to Madison Construction, Inc. for connection to city sewer and water on the south side and crossing 110^th St east of Hwy 275 on 110^th Street on the south limit line of Tabor, Iowa. Motion was seconded by Hickey and carried unanimously.

In other business, the Sheriff’s Monthly Report of Fees Collected and claims for August 17, 2001 were approved.

There being no further business, motion for adjournment was made.

ATTEST:

Fremont County Auditor John E. Whipple, Chairman

August 16, 2001:

The Fremont County Board of Supervisors met in regular session on Thursday, August 16, 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. 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 Board approved the following resolution to approve an agreement to combine Precinct 4 of the incorporated part of the city of Shenandoah with the Farragut precinct in the unincorporated area of Fremont County.

RESOLUTION: BE IT RESOLVED by the Fremont County Board of Supervisors this 15^th day of August, 2001, that an agreement be signed with the City of Shenandoah for Precinct 4 of the incorporated area of the City of Shenandoah which lies in Fremont County, all of which is a part of the 85^th Legislative District, and Farragut Precinct of the unincorporated area of Fremont County.

Motion to approve by Aistrope, seconded by Hickey and carried unanimously.

ATTEST:

Motion was made by Hickey, seconded by Aistrope, to authorize Chairman Whipple to sign a request for extension for Project No. 1230-36-01; Grant No. 1230-S0008, Sanders buy-out, to Bonnie Rieder, Hazard Mitigation Bureau, Iowa Department of Public Defense, Hoover State Office Building, Des Moines, IA 50319, because no response was received by the County’s request on June 25, 2001. Motion carried unanimously.

A letter was sent to Crossroads Texaco Real Estate LLC and SDB, LLC, to remind them of an economic development tax rebate TIF that was previously discussed. The agreement needs to be completed by November 28, 2001, the last Board session before December 1, 2001.

There being no further business, motion for adjournment was made.

ATTEST:

Fremont County Auditor John E. Whipple, Chairman

August 21, 2001:

The Fremont County Board of Supervisors met in regular session on Tuesday, August 21, 2001, in the Fremont County Courthouse, Boardroom, with Aistrope and Hickey present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Hickey moved to approve the agenda as posted; vote carried unanimously. Hickey 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 Vice-Chairman Aistrope to sign the Title Sheet on J34 Project FM-CO36(25)—55-36. Motion carried unanimously.

Payroll for August 24, 2001 was approved.

There being no further business, motion for adjournment was made.

ATTEST:

Fremont County Auditor David Aistrope, Vice-Chairman

August 23, 2001:

The Fremont County Board of Supervisors met in regular session on Thursday, August 23, 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. 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. Dan Davis, County Engineer, met with the Board. Motion was made by Hickey to authorize Chairman Whipple to sign three contracts for permanent easements for Project FM—CO36(25)—55-36: Parcel No. 1 in Section 33 Township 69 Range 42 for permanent easement of .04 acres from William Carl and Debra Jo Taylor; Parcel No. 3 in Section 34 Township 69 Range 42 for permanent easement of 9.80 acres from KM Trust; Parcel No. 4 in Section 27 Township 69 Range 42 for permanent easement of .09 acres from Carol A. Scott. Motion was seconded by Aistrope and carried unanimously.

Motion was made by Aistrope, seconded by Hickey, carrying unanimously, to send a letter to the Hamburg Chamber of Commerce to support their effort to host RAGBRAI 2002 as a starting point in Southwest Iowa.

A letter was returned to Ben Post, Field Representative for Greg Ganske, in regards to an unsigned letter from some residents of the City of Farragut about inhumane treatment of animals in the City of Farragut and the City of Shenandoah, as the county ordinances do not relate to the cities.

There being no further business, motion for adjournment was made.

ATTEST:

Fremont County Auditor John E. Whipple, Chairman

August 29, 2002:

The Fremont County Board of Supervisors met in regular session on Tuesday, August 29, 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. 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. Sheriff Steve MacDonald met with the Board in regards to the Impound Lot and upcoming auction. Sheriff MacDonald said he would like to put a sign on the Impound Lot to not remove vehicles without proper authorization. He also said the Impound Lot is not large enough. The Board asked the Sheriff to clean up the weeds in the Impound Lot.

At 9:30 a.m. Fremont County Recorder Margaret Henkle met with the Board for an approval for a refund of transfer tax according to Administrative Rule #79.1(5). Motion was made by Aistrope to approve the refund, seconded by Hickey and carried unanimously.

At 9:45 a.m. County Engineer Dan Davis met with the Board. Motion was made by Aistrope to authorize Chairman Whipple to sign a payment voucher to Kirkham, Michael and Associates, Inc. for Project No. FM-CO36(29)—55-36, as per contract dated 11-21-00. Motion was seconded by Hickey, carrying unanimously.

At 10:00 a.m. Fremont County Extension Director Doug Doty, Wendy Buley and Jennifer Thompson presented the "Growing Strong Families" program which is a comprehensive family education experience by melding Iowa State University nutrition and resource management curricula with the internationally recognized Parents as Teachers curriculum for families with children birth through 5 years in Fremont, Page and Taylor Counties.

A response to a memo received from Christine M. Sheldon, Treasurer, in regards to a notice of bankruptcy for 360networks (USA) Inc., et al, was written suggesting the Treasurer may want to refer the matter to the County Attorney.

There being no further business, motion for adjournment was made.

ATTEST:

Fremont County Auditor John E. Whipple, Chairman

August 30, 2002:

The Fremont County Board of Supervisors met in regular session on Thursday, August 30, 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. 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 12:00 noon Whipple, Aistrope and Hickey attended a four county meeting at Whipps Steakhouse in Sidney. Deb Westvold, Case Management Director for ISAC, presented County Case Management Services.

The Fremont County Board of Supervisors, acting as trustees for Johnson Run Drainage District, met with the Page County Board of Supervisors regarding the cleaning of Johnson Run Drainage Ditch. Page County Supervisor Richardson wants to thin the trees from Johnson Run. They discussed the costs of removing the trees and cleaning the remainder of the drainage ditch. If the district does not have the funds this year, stamped warrants could be issued. Auditor Lucille Hunt will check with the State Auditor’s Office to see if Fremont County could act as host county for the district as they have programs in place to issue stamped warrants for drainage districts.

There being no further business, motion for adjournment was made.

ATTEST:

Fremont County Auditor John E. Whipple, Chairman

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