Board of Supervisors Minutes

August 2003

August 5, 2003:

The Fremont County Board of Supervisors met in regular session on Tuesday, August 5, 2003, in the Fremont County Courthouse, Boardroom, with Hickey, Aistrope and Larson present. A quorum was declared and the meeting officially called to order at 9:00 a.m. The agenda was approved as posted. Minutes of the previous Board session were read and approved.

At 9:45 a.m. County Engineer Dan Davis met with the Board. Motion was made by Aistrope to authorize Chairman Hickey to sign a Public Road Right-of-Way Use Permit with Page 1 Rural Water District for the purpose of installing and maintaining a water line; 2" pipe inside 4" casing. Larson, aye; Aistrope, aye; Hickey, aye.

At 10:00 a.m. the bid opening for Project L-5-22-3 was held. Present were Dan Davis and Jerry Barton. The only bid received was from Barton Construction, Corning, Iowa in the amount of 115,109.10. The County Engineer recommended that the Board accept the bid. Motion was made by Aistrope to accept the bid from Barton Construction in the amount of 115,109.10. Larson, aye; Aistrope, aye; Hickey, aye.

Payroll and claims for August 8, 2003 were approved.

There being no further business, meeting was adjourned.

ATTEST:

Fremont County Auditor                                             Keith Hickey, Chairman

August 7, 2003:

The Fremont County Board of Supervisors met in regular session on Thursday, August 7, 2003, in the Fremont County Courthouse, Boardroom, with Hickey, Aistrope and Larson present. A quorum was declared and the meeting officially called to order at 9:00 a.m. The agenda was approved as posted. Minutes of the previous Board session were read and approved.

At 9:00 a.m. motion was made by Larson to authorize Chairman Hickey to sign a letter to the Iowa West Foundation to request consideration of a proposal to assist in funding the Southern Loess Hills Interpretive/Welcome Center in Fremont County. Larson, aye; Aistrope, aye; Hickey, aye.

At 9:30 a.m. Recorder Margaret Henkle met with the Board. She said a Deputy Recorder was moving out of state and so she would be appointing a new Deputy Recorder. The appointment will be placed on the agenda for approval by the Board.

In other business, motion was made by Aistrope to authorize Chairman Hickey to sign Merchants Bonding Company, IAC 33138, O'Neal Electric Company, for the final contract price and completion of the Upgrade Electrical Systems at the Fremont County Courthouse. Larson, aye; Aistrope, aye; Hickey, aye.

There being no further business, the meeting was adjourned.

ATTEST:

Fremont County Auditor                                         Keith Hickey, Chairman

August 12, 2003:

The Fremont County Board of Supervisors met in regular session on Tuesday, August 12, 2003, in the Fremont County Courthouse, Boardroom, with Hickey, Aistrope and Larson present. A quorum was declared and the meeting officially called to order at 9:00 a.m. The agenda was approved as posted. Minutes of the previous Board session were read and approved.

At 9:00 a.m. County Engineer Dan Davis met with the Board.

RESOLUTION NO. 2003-63

RESOLUTION TO ACCEPT LOW BID AND AWARD CONSTRUCTION CONTRACT

WHEREAS, the Board of Supervisors held a letting for a construction project on August 5, 2003, and

WHEREAS, bids were received for Local Project L-5-22-3, and

NOW THEREFORE BE IT RESOLVED by the Board of Supervisors of Fremont County that the contract be awarded to Barton Construction Company, Inc. for the low bid of $115,185.00. The cost of this project shall be paid from local construction funds.

Motion to approve made by Aistrope, seconded by Larson.

Approved this 12th day of August, 2003.

ATTEST:

/s/ Lucille Hunt                                         /s/ Keith Hickey, Chairman   aye
Fremont County Auditor                         /s/ David Aistrope                  aye
                                                                  /s/ Chuck Larson                     aye

At 10:00 a.m. Sheriff Steve MacDonald and Janeth Winkler met with the Board to discuss the possibility of establishing an additional county ordinance for law enforcement.

In other business, the Sheriff's Monthly Report of Fees Collected was approved.

There being no further business, the meeting was adjourned.

ATTEST:

Fremont County Auditor                                         Keith Hickey, Chairman

August 14, 2003:

The Fremont County Board of Supervisors met in regular session on Thursday, August 14, 2003, in the Fremont County Courthouse, Boardroom, with Hickey, Aistrope and Larson present. A quorum was declared and the meeting officially called to order at 9:00 a.m. The agenda was approved as posted. Minutes of the previous Board session were read and approved.

At 9:00 a.m. Mary Morse from Country Acres Care met with the Board to present an update for Country Acres Care.

At 9:15 a.m. Margaret Henkle, Recorder, met with the Board in regards to filling the position of Deputy Recorder in her office.

RESOLUTION NO. 2003-64

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 14th day of August, 2003, that Joan Kirk be appointed as Deputy Recorder as approved in Board session minutes for August 14, 2003, with commission to expire December 31, 2006 unless sooner revoked or when said deputy ceases to perform said named duties.

Motion made by Aistrope.

ATTEST:

/s/ Lucille Hunt                                        /s/ Keith Hickey, Chairman    aye
Fremont County Auditor                        /s/ David Aistrope                   aye
                                                                 /s/ Chuck Larson                      aye

Larson left to attend the open house for the 4th District Correctional Services for Women in Council Bluffs.

At 9:30 a.m. Steven Wiechman met with the Board in regards to vacating an alley in Anderson. The Board informed him that the County Engineer would have to be involved as this is a county road. It will take a considerable amount of time as all adjacent owners would need to be notified, a public hearing held and a decision made.

At 10:30 a.m. Aistrope left to attend a four county meeting in Montgomery County.

There being no further business, the meeting was adjourned.

ATTEST:

Fremont County Auditor                                         Keith Hickey, Chairman

August 19, 2003:

The Fremont County Board of Supervisors met in regular session on Tuesday, August 19, 2003, in the Fremont County Courthouse, Boardroom, with Hickey, Aistrope and Larson present. A quorum was declared and the meeting officially called to order at 9:00 a.m. The agenda was approved as posted. Minutes of the previous Board session were read and approved.

At 9:00 a.m. the following resolution was approved.

RESOLUTION NO. 2003-65

RESOLUTION ABATING TAXES ON LAND OWNED BY THE CITY OF SHENANDOAH

WHEREAS, the City of Shenandoah now owns certain property in Fremont County, Iowa, Parcel No. 040040090010000, Buildings on Leased Land PT SE NE Located at Airport.

WHEREAS, the property is owned by the City of Shenandoah 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.

Motion made by Aistrope to approve resolution.

Dated this 19th day of August, 2003.

ATTEST:

/s/ Lucille Hunt                                        /s/ Keith Hickey, Chairman    aye
Fremont County Auditor                        /s/ David Aistrope                   aye
                                                                 /s/ Chuck Larson                      aye

At 9:15 a.m. County Engineer Dan Davis met with the Board. Motion was made by Aistrope to approve the final payment voucher to Barton Construction Company Inc. for Project FM-CO36(29)--55-36, RCB Culvert Replacement. Larson, aye; Aistrope, aye; Hickey, aye. Motion was made by Larson to authorize Chairman Hickey to sign a Utility Work in ROW Permit for Iowa Telecom for underground construction of copper telephone cable to the new cell tower on 200th Avenue, south from McPaul. Aistrope, aye; Larson, aye; Hickey, aye.

At 10:00 a.m. John Whipple met with the Board in regards to property taxes on the Loess Hills Interpretive Center. Whipple said Southern Loess Hills Inc. owns the property. Whipple said he would find out further information in regards to the property and will get back to the Board of Supervisors.

At 11:00 a.m. Jeff Barrett from Hamburg met with the Board. Barrett asked the Board if they could do something about the delinquent property taxes that are on the property that was deeded to him from his Dad's estate. Hickey said normally before an estate is settled the taxes are paid on property. Current and delinquent taxes are due. Hickey said Fremont County can take deed to the property and give public notice to sell the property. Barrett said he would try to get the money to pay the taxes.

Claims and payroll for August 22, 2003 were approved.

There being no further business, the meeting was adjourned.

ATTEST:

Fremont County Auditor                                         Keith Hickey, Chairman

August 21, 2003:

The Fremont County Board of Supervisors met in regular session on Thursday, August 21, 2003, in the Fremont County Courthouse, Boardroom, with Hickey, Aistrope and Larson present. A quorum was declared and the meeting officially called to order at 9:00 a.m. The agenda was approved as posted. Minutes of the previous Board session were read and approved.

At 10:00 a.m. Rita Gibson and Helen Brownlee met with the Board in regards to property they own in Monroe Township. Map corrections were made in regards to property owned by Fremont County and Rita Gibson and Helen Brownlee. This property is located in the NW1/4 NE1/4 in Section 10, Township 70 North and Range 40 West. Property that was listed as owned by Fremont County has been corrected and the property is now owned by Gibson and Brownlee. Gibson and Brownlee own property on both sides and they are now paying taxes on this property. They asked if they could maintain the small portion of ROW still owned by Fremont County. The Supervisors said they could form an agreement with them if they would like to maintain that small portion of ROW. Motion was made by Larson to send a letter, before September 1, 2003, to the person who is farming the land now owned by Gibson, Brownlee and Fremont County, that map corrections were made and he will no loner be able to farm that property. Aistrope, aye; Larson, aye, Hickey, aye.

Discussion was held in regards to the Fremont County Equalization Report received from the Department of Revenue. Ag Land Values have decreased by 24% for the next budget year. That means the General Basic Fund tax asking will be reduced by one fourth. A letter was sent to all department heads that a meeting will be held for all department heads on Tuesday, September 2, 2003, as spending needs to be reduced this year and greatly reduced next budget year.

The following handwritten warrant was approved. General Basic Fund: HLC Financial Corp., 25,440.81.

There being no further business, the meeting was adjourned.

ATTEST:

Fremont County Auditor                                             Keith Hickey, Chairman

August 26, 2003:

The Fremont County Board of Supervisors met in regular session on Tuesday, August 26, 2003, in the Fremont County Courthouse, Boardroom, with Hickey and Larson present. A quorum was declared and the meeting officially called to order at 9:00 a.m. The agenda was approved as posted. Minutes of the previous Board session were read and approved.

At 9:00 a.m. motion was made by Larson to sign and send a certified letter to Kim Hughes notifying him of the map changes and property ownership from Fremont County to Rita Gibson and Helen Brownlee and that Hughes would no longer be able to farm the property he is currently farming in the NW1/4 NE1/4 in Section 10, Township 70 North and Range 40 West and to sign an agreement with Rita Gibson and Helen Brownlee to allow them to maintain ROW property owned by Fremont County, adjacent and between land owned by Gibson and Brownlee in the NW1/4 NE1/4 in Section 10, Township 70 North, and Range 40 West until the Gibson and Brownlee property is sold or if Gibson and Brownlee notify the county that they no longer wish to maintain the property. Larson, aye; Hickey, aye.

At 9:15 a.m. the approval of the Country Inn Lounge liquor license was continued to Thursday's agenda as dram shop insurance was not received by the county.

At 9:30 a.m. the following resolution was approved.

RESOLUTION NO. 2003-66

RESOLUTION ABATING TAXES ON LAND OWNED BY CITY OF THURMAN

WHEREAS, the City of Thurman now owns certain property in Fremont County, Iowa, Parcel No. 490490028000000 described as:

The East Twenty-Two (22) feet One and one-half (1 1/2) inches of Lots Four (4) and Five (5) in Block F of

the City of Thurman, Fremont County, Iowa, according to the recorded plat thereof.

& 490490114000000 described as:

The West 1/2 of Lots Three (3) and Four (4) in Block Two (2) in the fifth Addition to the City of Thurman,

Fremont County, Iowa, according to the recorded plat thereof.

Whereas, the property is owned by the City of Thurman as a result of a Tax Sale Deed,

IT IS HEREBY RESOLVED that the above described properties 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 the 26th day of August, 2003.Motion by Larson.

ATTEST:

/s/ Lucille Hunt                                        /s/ Keith Hickey, Chairman    aye
Fremont County Auditor                        /s/ David Aistrope                   absent
                                                                 /s/ Chuck Larson                      aye

At 10:00 a.m. the bid opening was held for 290th Avenue Project L-7-25-2. Present were County Engineer Dan Davis, Kate Negus and Larry Whitehead. Bids received were $83,289.00 from Kreifels Conservation and Excavating, 1532 South 64th Rd., Nebraska City, NE; $113,341.50 from Van Buskirk Construction Company, P.O. Box 1349, Sioux City, IA 51102; $95,794.30 from Kevin Kent Construction, 15157 US Highway 34, Lucas, IA; $65,063.00 from Negus-Sons Inc., 6100 North 16th St., Omaha, NE. County Engineer Davis recommended to table the discussion so he may check the bids and bond. Motion was made by Larson to table the decision on the bids until Thursday, August 28, 2003, at 10:30 a.m. for further consideration and to review the bids. Larson, aye; Hickey, aye.

At 10:30 a.m. the following resolution was approved.

RESOLUTION NO. 2003-67

RESOLUTION FOR PURCHASE OF LAW BOOKS

WHEREAS, on May 20, 2003, a meeting was held in regards to the disposition of the law library in the Courthouse, and

WHEREAS, the District Court Judge requested to continue with on line access but to discontinue the use of books, and

WHEREAS, a motion was made to close the library for public access by a unanimous vote, and

WHEREAS, a motion was made to continue with on line access for the judges and county attorney by a unanimous vote, and

WHEREAS, the Clerk of Court relinquished law library duties as of August 7, 2003, and

WHEREAS, the Board of Supervisors received a request from the County Attorney to continue to purchase the Iowa Code Annotated in book form.

THEREFORE, BE IT RESOLVED by the Fremont County Board of Supervisors this 26th day of August, 2003, that the only law books purchased by Fremont County for the Fremont County Attorney's office is the Iowa Code Annotated. All other law books will be returned to Westlaw by the Fremont County Attorney's office. The Fremont County Attorney's office will take responsibility for the payment for the Iowa Code Annotated and on line access.

Motion to approve by Larson.

ATTEST:

/s/ Lucille Hunt                                        /s/ Keith Hickey, Chairman    aye
Fremont County Auditor                        /s/ David Aistrope                   absent
                                                                 /s/ Chuck Larson                      aye

There being no further business, the meeting was adjourned.

ATTEST:

Fremont County Auditor                                         Keith Hickey, Chairman

August 28, 2003:

The Fremont County Board of Supervisors met in regular session on Thursday, August 28, 2003, in the Fremont County Courthouse, Boardroom, with Hickey and Larson present. A quorum was declared and the meeting officially called to order at 9:00 a.m. The agenda was approved as posted. Minutes of the previous Board session were read and approved.

At 9:00 a.m. Kathy Kahue met with the Board. Motion was made by Larson to authorize Hickey to sign an application for a grant from the Iowa West Foundation for funds for locating an interpretive/welcome center at the I29/Hwy 2 intersection. Larson, aye; Hickey, aye.

Motion was made by Larson to approve the application for a Class B liquor license for Lattin Enterprises, Inc., Country Inn Lounge. Larson, aye; Hickey, aye.

At 9:45 a.m. Dan Davis met with the Board. The following resolution was approved.

RESOLUTION NO. 2003-68

RESOLUTION TO ACCEPT LOW BID AND AWARD CONSTRUCTION CONTRACT

WHEREAS, the Iowa Department of Transportation held a letting for construction projects on August 19, 2003, and

WHEREAS, bids were received for Farm to Market Project FM-CO36(33)--55-36, and

NOW THEREFORE BE IT RESOLVED by the Board of Supervisors of Fremont County that the contract be awarded to Barton Construction Company, Inc. for the low bid of $150,570.08. The cost of this project shall be paid from Farm to Market funds.

Motion to approve made by Larson.

Approved this 28th day of August, 2003.

ATTEST:

/s/ Lucille Hunt                                        /s/ Keith Hickey, Chairman    aye
Fremont County Auditor                        /s/ David Aistrope                   absent
                                                                 /s/ Chuck Larson                      aye

At 10:00 a.m. the bid opening for the Secondary Road shop/office was held. Present were County Engineer Dan Davis, Mike Mayne, Gary Nielsen, Darlene Rogge, Eric Mace, John Walker and Jay Guenther. Bids received were: Base bid $2,453,000, Alternate 1 - $17,000, Alternate 2 - $23,200 from Andersen Construction Company, 3125 South 11th St., Council Bluffs, IA 51501; Base bid $2,590,000, Alternate 1 - $18,000, Alternate 2 - $25,000 from Henningsen Construction, Inc., 1407 South West 7th St., Atlantic, IA 50022; Base bid $2,746,829, Alternate 1 - $22,080, Alternate 2 - $17,200 from Pinnacle Construction, Inc., 22060 South Highway 385, Glenwood, IA 5l534. Engineer Davis said the apparent low bid is from Andersen Construction Company but he would recommend to table the bids to next week. Motion was made by Larson to table the bids for a decision on Tuesday, September 2, 2003, at 10:30 a.m. so the bids may be reviewed. Larson, aye; Hickey, aye.

At 10:30 a.m. motion was made by Hickey to continue the decision for the 290th Avenue Project L-7-25-2 until 10:30 a.m. on Tuesday, September 2, 2003. Larson, aye; Hickey, aye.

There being no further business, the meeting was adjourned.

ATTEST:

Fremont County Auditor                                         Keith Hickey, Chairman

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