Board of Supervisors Minutes

August 2013

August 6, 2013:

The Fremont County Board of Supervisors met in regular session on Tuesday, August 6, 2013, in the Fremont County Courthouse Boardroom, with Bartholomew, Hickey and Morgan present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Minutes of the previous Board session were read and approved. The agenda was approved as posted.

Let the records show Cara Morgan was not present for this meeting.

At 9:00 a.m. Dan Davis, Engineer, Davis visited with the board for approval the following:

Also present was Jeff Shirley, Twila Larson, Ruth Paper and Rich Hickman.

Davis was requesting use of FEMA funds to purchase necessary equipment that has been put on hold due to flood repairs. He would like to replace two pickup trucks, a dump truck and a tractor. Motion was made by Hickey to allow the purchase. Hickey, aye; Bartholomew, aye.

Motion was made by Hickey authorizing Chairman Bartholomew to sign Work in ROW Permit for Windstream Communications to place telephone cable along 190th St in Benton Twp. 1.5 Miles NE of Percival. Hickey, aye; Bartholomew, aye.

Motion was made by Hickey authorizing Chairman Bartholomew to sign Work in ROW Permit for Windstream Communications to place telephone cable along Knox Rd in Sidney West Twp. Sec 32, 2.5 miles West of Sidney. Hickey, aye; Bartholomew, aye.

Ruth Paper on behalf of the Hospital Foundation wanted to show the Board a picture they presented to the Conservation Board in appreciation of the hospital golf tournament.

At 9:15 a.m. Rich Hickman, Farmer’s National, explained to the Board that he represents Sirius Farms LLC. Hickman was there to discuss 207th Ave. N of North Street in the NW Corner of Fremont County. Hickman said the county has proposed making the road a level C destination. He said most people along the road want to leave it as is, and against making it a gated road, and was thinking the gate would never get closed. He was asking what, if any, his other options were. Davis said another option would be to leave it a Level B, but the owners would have to agree to vacate the right of way to 40 feet rather than the current 66 feet. The property owners would be paying taxes on an additional 13 feet on either side. Hickman said speaking for Sirius they would probably agree to do that. Davis said there would have to be a public hearing regarding the change.

At 9:35 a.m. Danny Toma, Maintenance met with the Board requesting the following:

Toma is requesting to hire Western Water Proofing with a bid of $1,480 to weatherize the North Side of Courthouse. Motion was made by Hickey to approve the hire. Hickey, aye; Bartholomew, aye.

Toma also discussed roof repairs that need to be completed, and he had a couple of bids for patching 5 or 6 places where the shingles have blown up. It was Hickey’s suggestion to replace the whole section rather than try to repair 5 or 6 places. Hickey asked if it had been turned into the insurance company, and Toma thought the repairs would be less than the deductible.

At 9:50 a.m. Twila Larson, FREDCO, met with the Board to discuss a Hometown Pride Pilot Program that has been offered to Fremont County in connection with Keep Iowa Beautiful. We will be the second county that is approved, and they will be focusing on the communities within the county. Only one other Iowa County has been approved. Larson said it is a five year program, and hopefully after five years they can use us as a footprint for the program. Right now they are in the process of creating a steering committee.

At 10:10 a.m. Motion was made by Hickey to approve a Nutrient Management Plan for Darwin Bugg. Hickey, aye; Bartholomew, aye.

At 10:30 a.m. Steve Riley & Scott Lundberg, Prochaska Associates met with the Board to present a slide presentation of the new LEC, and answer any questions. Also present were Gean Clapper, Gayle Fengel and Steve Owen.

Payroll and claims were approved for August 9, 2013.

In other business the Recorder’s monthly report was approved.

At 11:26 a.m. there being no further business, Hickey made a motion to adjourn. Hickey, aye; Bartholomew, aye.

ATTEST:

Fremont County Auditor                                                                                 Bart Bartholomew, Chairman

August 13, 2013:

At 8:30 a.m. on Tuesday, August 13, 2013, a Department Head meeting was held in the Fremont County Courthouse Boardroom. Present were Bart Bartholomew, Randy Hickey, Cara Morgan, Dennis Henneman, Karen Berry, Arnold Emberton, Jennifer McAllister, Patricia Lant, Danny Toma and Joan Kirk. Topics discussed were: roof repairs, courtyard update, fieldwork, extra help in the Attorney’s Office, issues with new computer installs, Legislative Policy meeting in Des Moines this week.

The Fremont County Board of Supervisors met in regular session on Tuesday, August 13, 2013, in the Fremont County Courthouse Boardroom, with Bartholomew, Hickey and Morgan 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.

Twila Larson, FREDCO, was also present at this meeting. Also present during the meeting were Ted Hummel, Dave Dreyer, and Steve Owen.

At 9:00 a.m. Public Hearing to assign Certificate of Purchase at Tax Sale was held. Present were Bart Bartholomew, Cara Morgan, Randy Hickey, Twila Larson and Joan Kirk. At 9:03 a.m. Morgan made a motion to close the hearing and approve the following resolutions. Hickey, aye; Morgan, aye; Bartholomew, aye.

RESOLUTION NO. 2013-49

RESOLUTION APPROVING THE ASSIGNMENT OF CERTIFICATE OF PURCHASE AT TAX SALE TO THE FOLLOWING:

WHEREAS, Bill Clark and Andrea Clark, 504 East Street, Sidney, IA 51652 is desirous of obtaining certificate of tax sale purchase for $787.00 for the following:

Parcel Number 470470240010000 LOT 5 of Verlin Holt Subdivision, a resubdivision of LOTS 6, 7 & 8 of Out Lot 12 in the City of Sidney, Fremont County, Iowa, according to the recorded plat thereof.

WHEREAS, Fremont County is desirous of avoiding the expense of tax redemption procedure, and

WHEREAS, a public hearing on this proposal was held on the 13th day of August 2013, and

WHEREAS, the transfer of said certificates of tax purchase to Bill Clark and Andrea Clark, 504 East Street, Sidney, IA 51652, is in the better interest of the County and is in the better interest of Bill Clark and Andrea Clark to eliminate any form of liability to Fremont County, now

THEREFORE, it is hereby resolved that the Chairman of the Board of Supervisors is authorized and directed to execute the assignment of certificates of tax purchases of this real estate upon receipt of payment.

IT IS SO RESOLVED, this 13th day of August 2013.

ATTEST:        
       
/s/ Joan Kirk      /s/ Bart Bartholomew, Chairman  aye
Fremont County Auditor     /s/ Randy Hickey  aye
                                                                     /s/ Cara Morgan  aye

RESOLUTION No. 2013-50

ASSIGNMENT OF CERTIFICATE OF TAX SALE PURCHASE

Fremont County does hereby transfer the certificate of tax sale purchase regarding the described real estate to Bill Clark and Andrea Clark, 504 East Street, Sidney, IA 51652 as follows:

Parcel Number 470470240010000 LOT 5 of Verlin Holt Subdivision, a resubdivision of LOTS 6, 7 & 8 of Out Lot 12 in the City of Sidney, Fremont County, Iowa, according to the recorded plat thereof.

The county shall endorse the tax sale certificates as necessary to complete this assignment upon receipt of payment of $787.00.

Dated this 13th day of August, 2013.

ATTEST:

/s/ Joan Kirk                                                                                  s/ Bart Bartholomew, Chairman aye.
Fremont County Auditor

STATE OF IOWA, FREMONT COUNTY SS:

On this 13th day of August, 2013, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Bart Bartholomew, to me personally known, who being by me duly sworn, did say that he is a member of the Fremont County Board of Supervisors and that said instrument was signed on behalf of the Fremont County Board of Supervisors and hereby acknowledge the execution of the foregoing instrument to be the voluntary act and deed of the Fremont County Board of Supervisors, by it and by him voluntarily executed

/s/ Christine Briley
Notary Public in and for the State of Iowa

At 9:05 a.m. Sue McColla (Conference Call) requesting the Treasurer to suspend taxes pursuant to Iowa Code Section 427.9. Motion was made by Morgan to approve the taxes be suspended as provided by law. Hickey, aye; Morgan, aye; Bartholomew, aye.

At 9:15 a.m. Danny Toma, Maintenance, is requesting an Annual Irrigation Service Agreement be put out for bids. Motion was made by Morgan to table any decision regarding signing a Maintenance Agreement with Lawn World until next week to allow for further investigation. Hickey, aye; Morgan, aye; Bartholomew, aye.

At 9:20 a.m. Motion was made by Hickey to have the County Attorney look at an Agreement between Fremont County and Prochaska & Associates for the new LEC before the signing. Also present was Dave Dreyer, Gene Clapper and Ted Hummel. Hickey, aye; Morgan, aye; Bartholomew, aye.

At 9:25 a.m. Dan Davis, Engineer, met with the Board seeking approval of the following:

Motion was made by Hickey approving the following Resolution 2013-48. Hickey, aye; Morgan, aye; Bartholomew, aye.

RESOLUTION NO. 2013-48

STOP AT INTERSECTION RESOLUTION

WHEREAS: the Board of Supervisors is empowered under authority of Sections 321.236 and 321.255 of the Code of Iowa to designate any secondary road intersection under their jurisdiction as a STOP intersection and to erect STOP signs at one or more entrances to such intersection, and

WHEREAS: Traffic on Southbound 207th Avenue is endangered by traffic from the East and West on 155th Street in Section 33, T70N-R43W in Scott Township, and

NOW, THEREFORE, BE IT RESOLVED by the Fremont County Board of Supervisors that 207th Avenue approach from the North be designated as a "STOP approach" to the above-described intersection and that a STOP sign shall be erected accordingly.

Motion to approve made by Hickey.

ATTEST:        
       
/s/ Joan Kirk      /s/ Bart Bartholomew, Chairman  aye
Fremont County Auditor     /s/ Randy Hickey  aye
                                                                     /s/ Cara Morgan  aye

Motion was made by Morgan authorizing Chairman Bartholomew to sign Universal Payment Voucher with HGM Associates on Project #ER-CO36(63)- -58-36(J-64). Hickey, aye; Morgan, aye; Bartholomew, aye.

Motion was made by Morgan authorizing Chairman Bartholomew to sign Universal Payment Voucher with HGM Associates on Project #STP-S-CO36(65)--5E-36(J-18). Hickey, aye; Morgan, aye; Bartholomew, aye.

Motion was made by Hickey authorizing Chairman Bartholomew to sign Design Contract with HGM for Whitehill Box, Project #BROS-CO36(66)--8J-36. Hickey, aye; Morgan, aye; Bartholomew, aye.

Motion was made by Hickey authorizing Chairman Bartholomew to sign Design Contract with HGM for 215th St. Box. Project #FM-CO36(67)--55-36. Hickey, aye; Morgan, aye; Bartholomew, aye.

At 9:40 a.m. Gean Clapper, met with the Board asking if they had approved the purchase of property for the new Law Enforcement Center. Clapper’s concern is the option to buy would expire before the County could purchase it. Clapper informed the Board, what most Counties normally do is go ahead and buy the property to be reimbursed at the time of the sale of the bond. Morgan said the County has not received the survey from Land Surveying, and could not proceed with the purchase until that was completed.

At 10:00 a.m. Hickey made a motion to implement a work order system for courthouse maintenance. Hickey, aye; Morgan, aye; Bartholomew, aye. Bartholomew said he would work on getting something put together to implementing a maintenance work order system.

At 10:05 a.m. Hickey is working on legal issues and will be able to report to the Board sometime this month.

In other business, Morgan said they have until the 28th of August to fill the County Attorney’s vacancy. The Board set August 20th at 1:00 p.m. as a date to start interviewing applicants.

At 10:50 a.m. there being no further business, Morgan made a motion to adjourn. Hickey, aye; Morgan, aye; Bartholomew, aye.

ATTEST:

Fremont County Auditor                                                                                 Bart Bartholomew, Chairman

August 20, 2013:

The Fremont County Board of Supervisors met in regular session on Tuesday, August 20, 2013, in the Fremont County Courthouse Boardroom, with Bartholomew, Hickey and Morgan 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.

At 9:00 a.m. Dan Davis, Engineer, met with the Board requesting approval of the following:

Motion was made by Morgan authorizing Chairman Bartholomew to sign Grade Crossing Surface Repair Fund Force Account Agreement for RR Crossing on Airport Rd near Hwy 59. Hickey, aye; Morgan, aye; Bartholomew, aye.

Motion was made by Hickey authorizing Chairman Bartholomew to sign Work in ROW Permit for placing new fiber optic cable on the north side of Airport Road just west of Hwy 59. Hickey, aye; Morgan, aye; Bartholomew, aye.

At 9:15 a.m. Peter Franks, Technical Advisory Network (TAN), met with the Board to discuss his report he recently completed on the historic preservation of the Fremont County Courthouse. After discussing the report, Franks said he was aware that the county is interested in putting new windows in the courthouse; he said it was obvious they are needed, and he would like the board to consider staying as close to the design of the original windows, as that is a very big part of retaining the historical value of the building. Franks said the building is in overall good shape, and it has been only slightly modified; referring to dropped ceilings and paneling, and it has not hurt the integrity of the building, and could be put back to original in a very short time.

At 10:25 a.m. Motion was made by Morgan authorizing Chairman Bartholomew to sign the Annual Maintenance Agreement with Lawn World. Hickey, aye; Morgan, aye; Bartholomew, aye.

At 10:30 a.m. Bartholomew will email ICAP a copy of Prochaska & Associates Agreement for the new LEC to make sure it is approved, and the insurance level is significant.

At 10:35 a.m. Motion was made by Morgan to approve Class C Liquor License Commercial Sales/Outdoor Service for County Line. Hickey, aye; Morgan, aye; Bartholomew, aye.

At 10:40 a.m. Dee Owen, Assistant Auditor, met with the Board seeking approval of the New and Disallowed Homestead & Military Applications she presented. Motion was made by Morgan to approve the applications. Hickey, aye; Morgan, aye; Bartholomew, aye.

At 10:45 a.m. Motion was made by Morgan to approve the Library Contract for fiscal year 2013-2014. Hickey, aye; Morgan, aye; Bartholomew, aye.

In other business, payroll and claims were approved for August 23, 2013.

At 12:00 noon there being no further business, Morgan made a motion to adjourn.

ATTEST:

Fremont County Auditor                                                                                 Bart Bartholomew, Chairman

August 27, 2013:

The Fremont County Board of Supervisors met in regular session on Tuesday, August 27, 2013, in the Fremont County Courthouse Boardroom, with Bartholomew, Hickey and Morgan 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. 

At 9:00 a.m. Dan Davis, Engineer, met with the Board requesting approval of the following.  Motion was made by Hickey authorizing Chairman Bartholomew sign IDOT Final Payment Voucher with Henningsen Construction for Project #FM-CO36(61)- - 55-36.  Morgan, aye; Hickey, aye; Bartholomew, aye. 

At 9:15 a.m. Motion was made by Hickey to appoint Becky Shull to the Conservation Board.  Morgan, aye; Hickey, aye; Bartholomew, aye. 

At 9:20 a.m. Motion was made by Hickey to appoint Chuck Douglass to fill Pat Hume’s expired term on the Tourism Board.  Morgan, aye; Hickey, aye; Bartholomew, aye.  

At 9:25 a.m. Motion was made by Hickey to approve the following Resolution 2013-51.  Morgan, aye; Hickey, aye; Bartholomew, aye.

RESOLUTION:  2013-51

A RESOLUTION AUTHORIZING DISBURSEMENT OF HOTEL AND MOTEL TAX PROCEEDS:

WHEREAS, Iowa Code Chapter 432A allows the Board of Supervisors by resolution to impose and collect a hotel and motel tax in the unincorporated areas of Fremont County, and such authority was granted by a special election held on December 6, 2005; and WHEREAS, proceeds from such tax are or will be received by Fremont County, Iowa, for economic development, tourism and recreation, as allocated by the Board;

BE IT RESOLVED BY THE FREMONT COUNTY BOARD OF SUPERVISORS

That for the fiscal years of 2012-2013 through 2014-2015, monies received shall be disbursed as follows:

1.    25% to Tourism/Recreation
 25% to Future Allocation

2.    43% Economic Development
                     7% General Fund

Motion to approve was made by Hickey.

ATTEST:        
       
/s/ Joan Kirk      /s/ Bart Bartholomew, Chairman  aye
Fremont County Auditor     /s/ Randy Hickey  aye
                                                                     /s/ Cara Morgan  aye

At 9:47 a.m. Motion was made by Hickey to approve Geo Thermal Test Well proposal for LEC.  Also present was Kevin Aistrope.    Morgan, aye; Hickey, aye; Bartholomew, aye. 

At 9:50 a.m. Motion was made by Hickey to approve Agreement with Prochaska & Associates, with changes noted.  Morgan, aye; Hickey, aye; Bartholomew, aye.  

At 10:05 a.m. there being no further business, Hickey made a motion to adjourn.  Morgan, aye; Hickey, aye; Bartholomew, aye.

ATTEST:

Fremont County Auditor                                                                                Bart Bartholomew, Chairman


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