Board of Supervisors Minutes
September 2010
September 7, 2010:
The Fremont County Board of Supervisors met in regular session on Tuesday, September 7, 2010, in the Fremont County Courthouse Boardroom, with Hendrickson, Morgan and Larson 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. Motion was made by Larson to approve the following Resolution 2010-32.
RESOLUTION ABATING TAXES ON LAND OWNED BY CITY OF HAMBURG
WHEREAS, the City of Hamburg now owns certain property in Hamburg, Fremont County, Iowa, Parcel No. 430430145000000, 1109 Argyle Street, described as: LOTS 1 and 2, HAMBURG, FREMONT COUNTY, IOWA and Parcel No. 430430407000000, 1710 Bluff Street, described as: LOTS 11 and 12 HAMBURG, FREMONT COUNTY, IOWA and Parcel No. 430430532000000, 1806 Main Street, described as: N 18’ LOT 8 and ALL LOT 9, HAMBURG, FREMONT COUNTY, IOWA according to the recorded plat thereof.
WHEREAS, the property is now owned by the City of Hamburg 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. This includes taxes payable as long as the City of Hamburg owns the property.
BE IT FURTHER resolved that the Auditor and Treasurer shall enter such change orders required to abate these taxes.
Motion made by Larson to approve resolution.
Dated this 7th day of September 2010.
ATTEST:
/s/ Joan Kirk
/s/ Earl Hendrickson, Chairman aye
Fremont County Auditor
/s/ Cara Morgan
aye.
/s/ Chuck Larson
aye.
Mark Travis was also present for this meeting.
At 9:15 a.m. Motion was made by Morgan to approve the following Resolution 2010-33.
RESOLUTION ABATING TAXES ON LAND OWNED BY CITY OF SIDNEY
WHEREAS, the City of Sidney now owns certain property in Sidney, Fremont County, Iowa, Parcel No. 470470084000000, 501 Filmore Street, described as: W 48 ½’ LOT 6 BLOCK H, SIDNEY, FREMONT COUNTY, IOWA according to the recorded plat thereof.
WHEREAS, the property is now owned by the City of Sidney 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. This includes taxes payable as long as the City of Sidney owns the property.
BE IT FURTHER resolved that the Auditor and Treasurer shall enter such change orders required to abate these taxes.
Motion made by Morgan to approve resolution.
Dated this 7th day of September 2010.
ATTEST:
/s/ Joan Kirk
/s/ Earl Hendrickson, Chairman aye
Fremont County Auditor
/s/ Cara Morgan
aye.
/s/ Chuck Larson
aye.
At 9:25 a.m. Motion was made by Morgan to authorize Chairman Hendrickson to sign approval of Class B Native Wine & Sunday Sales Permit for the Welcome Center. Morgan, aye; Larson, aye; Hendrickson, aye.
At 9:30 a.m. Fremont County Engineer, Dan Davis met with the board. Motion was made by Morgan authorizing the chairman to sign Work in ROW Permit for Extreme Trenching to construct telephone service lines at 4023 290th Street. Larson, aye; Morgan, aye; Hendrickson, aye. Also Davis discussed recent accident involving a grader.
At 9:45 a.m. using Local Option Tax for jail repairs was discussed, the board will discuss with Sheriff Aistrope the possibility of taking a portion out of Room and Board.
At 10:00 a.m. Motion was made by Larson to approve Resolution 2010-34. Morgan, aye; Larson, aye; Hendrickson, aye.
BE IT HEREBY RESOLVED that the Fremont County, Iowa, Board of Supervisors shall hold a final public hearing, final consideration and final vote on October 12, 2010, at 9:00 a.m. for the purpose of reviewing and adopting an ORDINANCE concerning ANIMAL PROTECTION AND CONTROL. First consideration and vote on the ORDINANCE shall occur at 6:30 p.m. on September 28, 2010. Second consideration and vote shall occur at 9:00 a.m. on October 5th, 2010. The proposed ORDINANCE in printed in full at the end of this resolution, and will be so printed in the county’s official newspapers for legal publications, and will be made available for public inspection during regular business hours at the County Auditor’s Office, Courthouse, Sidney, Iowa.
FREMONT COUNTY, IOWA
ORDINANCE TO AMEND ZONING ORDINANCES
ORDINANCE 2010-_______
AN ORDINANCE REGARDING ANIMAL PROTECTION AND CONTROL.
Be It Enacted by the Board of Supervisors of Fremont County, Iowa:
ANIMAL PROTECTION AND CONTROL
1. Definitions
2. Animal Neglect
3. Abandonment
4. Exhibitions and Fights
5. Running at Large
6. Animal Disturbing the Peace
7. Provisions for Seizure, Impoundment, Disposition
8. Penalties
9. Effective Date
1. DEFINITIONS. The following terms are used and defined in this chapter:
A. "Animal" means all nonhuman vertebrates.
B. "At Large" means located off of property that is owned by the Owner or which
the Owner has legal right to occupy, or upon the
public
streets, alleys, sidewalks, public grounds, school grounds or parks within the
county. An animal shall not be deemed to be
at large if:
C. "Dangerous Animal" means (1) any animal of a wild nature or disposition, or which has been trained to attack human
beings, and which is capable of killing, inflicting serious injury upon, or causing disease among, human beings or
domestic animals, and having known tendencies as a species to do so; (2) any dog that has previously attached a pet or
human; or (3) the following shall be deemed to be a "Dangerous Animal" per se: Lions, tigers, jaguars, leopards,
cougars, lynx, bobcats, wolves, coyotes, foxes, badgers, wolverines, weasels, skunks, mink, bears, monkeys and
chimpanzees, bats, alligators, crocodiles, scorpions, snakes that are venomous or constrictor, and gila monsters.
D. "Leash" means a cord, chain or similar restraint of sufficient strength to
restrain an animal that is at all times under the control
of a person competent to restrain and control the animal.
E. "Livestock" means an animal belonging to the bovine (cow), caprine (goat),
equine (horse), ovine (sheep) or porcine (swine)
species, ostriches, rheas, emus, farm deer as defined by Iowa Code 170.1, or any
poultry.
F. "Owner" means any person who
owns, keeps, shelters or harbors an animal within Fremont County, outside of any
incorporated city.
8. ANIMALS DISTURBING THE PEACE. It shall be unlawful for the Owner of any animal, whether confined or not, to permit such animal to disturb the peace of any person by frequent, regular or habitual barking, howling or yelping, or other noises. If the Owner of the animal is not available for contact, the Sheriff's Department may post notice on the residence, and may impound the animal if there have been more than two (2) complaints, verified by the Sheriff's Department, within the previous thirty (30) days in regards to said animal. An Owner that has been cited for an animal disturbing the peace more than two (2) times in any given thirty (30) day period may be subject to having their animal impounded by the Sheriff's Department.
9. PROVISIONS FOR SEIZURE, IMPOUNDMENT AND DISPOSITION. Any animal found in violation of any of the foregoing provisions may be seized and impounded; or at the discretion of the peace officer, the Owner of such animal may be served a citation to appear before a proper court to answer charges made hereunder; PROVIDED, this Ordinance shall not restrict the right of any peace officer to destroy any animal that is chasing, maiming, or killing any other animal, or threatening, attempting to attack, or attacking any human, and in such cases, the County shall be under no duty to attempt the capture of any animal found in violation of this Ordinance or to notify the owner thereof prior to its destruction.
All animals apprehended hereunder shall be delivered promptly to a licensed
animal shelter or veterinarian. If the identity of
the Owner is ascertainable, the owner shall be notified within forty-eight (48)
hours after delivery.
10. PENALTIES. Any violation of this Ordinance shall be deemed to be a Simple
Misdemeanor, subject to such penalties as
provided
by the Iowa Code Section 903.1.
11. REPEALER. All ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
12. SEVERABILITY CLAUSE. If any section, provision or part of
this ordinance shall be adjudged invalid or unconstitutional,
such
adjudication shall not affect the validity
of the ordinance as a whole or any section, provision or part thereof not
adjudged invalid or
unconstitutional.
13. EFFECTIVE DATE. This Ordinance shall become effective upon its passage and publication, as provided by law.
Passed by the Board of Supervisors on this ____ day of ____________________, 2010.
ATTEST:
Joan Kirk
Earl Hendrickson, Chairman
Fremont County Auditor Cara Morgan,
Supervisor
Chuck Larson, Supervisor
Payroll was approved for September 10, 2010.
In other business, the County Recorder’s and Sheriff Monthly Reports were approved.
Let the records show Larson left the meeting at 10:16 a.m.
At 10:36 a.m. there being no further business, Morgan made a motion to adjourn. Morgan, aye; Hendrickson, aye.
ATTEST:
Fremont County Auditor Earl Hendrickson, Chairman
September 14, 2010:
At 8:30 a.m. on Tuesday, September 14, 2010, a department head meeting was held in the Fremont County Courthouse Boardroom. Present were Earl Hendrickson, Cara Morgan, Chuck Larson, Dan Davis, Art Claiborne, Karen Berry, Steve Whitehead, Margaret Henkle, Margaret Johnson, Jan Winkler, Arnold Emberton and Joan Kirk. Topics discussed were: Assessors busy out measuring; Recorder starting to get busy with hunting licenses; incoming election soliciting on courthouse emails; update on roads in the county; VA to get $10,000 grant again this year; Sidney TIF; employee performance evaluations.
The Fremont County Board of Supervisors met in regular session on Tuesday, September 14, 2010, in the Fremont County Courthouse Boardroom, with Hendrickson, Morgan and Larson 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 Grace Johnson with The Hamburg Reporter was present for this meeting.
At 9:00 a.m. Jan Winkler, Fremont County CPC/Community Services Director met with the board requesting approval of contract for Consulting Services with Cost Advisory Services. Motion was made by Morgan to approve the contract. Larson, aye; Morgan, aye; Hendrickson, aye.
At 9:15 a.m. Fremont County Attorney, Margaret Johnson and Fremont County Engineer, Dan Davis met with the board to discuss a conflict on J-46. Johnson requested detailed information on what has happened up to this point so she can move forward on it.
At 9:45 a.m. Mark Travis and Rhonda Sheldon met with the board requesting approval of a Resolution supporting the Safe Routes to school project. Travis said it would be up to the City and School to maintain the trail. Hendrickson called the county engineer asking if it would have to go before the zoning board. Davis said his main concern is the crossing to the school. Motion was made by Larson to approve the following Resolution 2010-36. Larson, aye; Morgan, aye; Hendrickson, aye.
FREMONT COUNTY, IOWA
RESOLUTION SUPPORTING THE SAFE ROUTES TO SCHOOL PROJECT
IN PARTNERSHIP WITH THE SIDNEY COMMUNITY SCHOOL DISTRICT AND
THE CITY OF SIDNEY
WHEREAS; The Fremont County Board of Supervisors recognizes the importance of safe routes for children to travel to and from school, and;
WHEREAS; The Fremont County Board of Supervisors wishes to encourage children and adults to be more physically active through use of trails, and;
WHEREAS; The Fremont County Board of Supervisors realizes the importance of the proposed project to link the Sidney 6-12 school with the rest of the city via a pedestrian trail, and such a trail would travel through an unincorporated area of the County,
BE IT RESOLVED THAT; The Fremont County Board of Supervisors hereby endorses an application to the Safe Routes to School program, with the City of Sidney as the lead applicant, to construct a pedestrian trail on county right of way from the school to the existing sidewalk system and will maintain that infrastructure for at least 20 years through direct assistance or maintenance partnership agreements.
PASSED AND APPROVED THIS 14th DAY OF September, 2010.
Signed:
/s/Earl Hendrickson
Chair, Board of Supervisors
Attest:
/s/Joan Kirk
Auditor
At 10:00 a.m. a public hearing was held upon the proposal to assign certificate of purchase at tax sale now held by Fremont County to Eric Johnson, Thurman, Iowa. Parcel Number 240240826000000 – Pt Lot 6 NW-Beg NW Cor, S 182.46’, E 573.81’, NE 186.76’ W to POB of Section 12, Township 69 Range 43, Thurman, Fremont County, Iowa. No one was present to object. At 10:33 a.m. motion was made by Larson to close the public hearing. Larson, aye; Morgan, aye; Hendrickson, aye. Motion was made by Larson to approve the following Resolutions and Agreement. Larson, aye; Morgan, aye; Hendrickson, aye.
RESOLUTION APPROVING THE ASSIGNMENT OF CERTIFICATE OF PURCHASE AT TAX SALE TO THE FOLLOWING:
WHEREAS, Eric Johnson, 804 Elizabeth, Thurman, Iowa 51654, is desirous of obtaining a certificate of tax sale purchase for $171.00 for the following:
Parcel Number 240240826000000 – PT LOT 6 NW-Beg NW COR, S 182.46’, E 573.81’, NE 186.76’ W to POB of SECTION 12, TOWNSHIP 69 RANGE 43, THURMAN, 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 14th of September, 2010 and,
WHEREAS, the transfer of said certificate of tax purchase to Eric Johnson, Thurman, Iowa 51654, is in the better interest of the County and is in the better interest of Eric Johnson, Thurman, Iowa, 51654 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 14th day of September, 2010.
ATTEST:
/s/ Joan Kirk
/s/ Earl Hendrickson, Chairman aye
Fremont County Auditor
/s/ Cara Morgan
aye.
/s/ Chuck Larson
aye.
ASSIGNMENT OF CERTIFICATE OF TAX SALE PURCHASE
Fremont County does hereby transfer the certificate of tax sale purchase regarding the described real estate to Eric Johnson, 804 Elizabeth, Thurman, Iowa 51654 as follows:
Parcel Number 240240826000000 – PT LOT 6 NW-BEG NW COR, S 182.46’, E 573.81’, NE 186.76’ W to POB of SECTION 12, TOWNSHIP 69 RANGE 43, Thurman, Fremont County, Iowa, containing 2.25 acres, according to recorded plat thereof.
The county shall endorse the tax sale certificate as necessary to complete this assignment upon receipt of payment of $171.00.
Dated this 14th day of September, 2010.
ATTEST:
/s/Joan Kirk
/s/ Earl Hendrickson, Chairman
Fremont County Auditor
STATE OF IOWA, FREMONT COUNTY SS:
On this 14th day of September, 2010, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Earl Hendrickson, 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/ Diane E. Owen
Notary Public in and for the State of Iowa
One claim was approved for hand written warrant. General Supplemental, Legal & Court-Related Services, Service of Civil Papers $22.00.
In other business, claims were approved for September 17, 2010.
At 10:15 a.m. there being no further business, Larson made a motion to adjourn.
Morgan, aye; Larson, aye; Hendrickson, aye.
ATTEST:
Fremont County Auditor Earl Hendrickson, Chairman
September 21, 2010:
The Fremont County Board of Supervisors met in regular session on Tuesday, September 21, 2010, in the Fremont County Courthouse Boardroom, with Hendrickson, Morgan and Larson 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. The board canvassed the Farragut and Hamburg School Special Elections held September 14, 2010. The Public Measure passed for both schools.
At 9:15 a.m. Fremont County Sheriff, Kevin Aistrope met with the board to discuss jail roof repairs. Aistrope said he has the funds, which include grant money, to pay for half of the roof repairs, but comes up about $4,000 short. Motion was made by Larson to use Local Option funds for the remainder. Morgan, aye; Larson, aye; Hendrickson, aye.
Let the records show Grace Johnson with The Hamburg Reporter came to the meeting.
At 9:30 a.m. Fremont County Engineer, Dan Davis met with the board. Motion was made by Morgan to approve Work in ROW Permit for Leo Ettleman to clean ditch to improve drainage in 22-69-43. Morgan, aye; Larson, aye; Hendrickson, aye.
Motion was made by Larson to approve underground construction of three-inch waterline by Southwest Regional Water District for Gutschenritter Hog Operation at 190th Street and 370th Avenue. Morgan, aye; Larson, aye; Hendrickson, aye.
At 9:45 a.m. Steve Whitehead, Maintenance Supervisor met with the board for approval on attic repair proposal. Ebmeier Engineering, LLC sent a proposal of a lump sum fee of $8,500 for onsite engineering observation and construction phase services. Motion was made by Morgan to approve the proposal. Morgan, aye; Larson, aye; Hendrickson, aye.
At 10:00 a.m. Motion was made by Morgan to approve the following Resolution 2010-37. Morgan, aye; Larson, aye; Hendrickson, aye.
BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this
21st day of
September, 2010, that a temporary part-time Election Assistant for the Fremont
County
Auditor’s Office, as requested by Fremont County Auditor, be approved.
ATTEST:
/s/ Joan Kirk
/s/ Earl Hendrickson, Chairman aye
Fremont County Auditor
/s/ Cara Morgan
aye.
/s/ Chuck Larson
aye.
Payroll was approved for September 24, 2010.
In other business, the Sheriff’s Monthly Report was approved.
At 10:25 a.m. there being no further business, Larson made a motion to adjourn.
Morgan, aye; Larson, aye; Hendrickson, aye.
ATTEST:
Fremont County Auditor Earl Hendrickson, Chairman
The Fremont County Board of Supervisors met in regular session on Tuesday, September 28, 2010, in the Fremont County Courthouse Courtroom, with Hendrickson, Morgan and Larson present. A quorum was declared and the meeting officially called to order at 6:30 p.m. Minutes of the previous Board session were read and approved. The agenda was approved as posted.
Present for this meeting were: Grace Johnson with The Hamburg Reporter, Rev. Dr. Roger Kissel, Sharon Yahnke, Margaret Johnson, Cody Marsh, Kevin Aistrope, Kiley White, Don McAllister, Christa White, Steve White, Pat White, Byron Inman, M. Elizabeth Blackburn, Shannon Smith, Dustin Harris, Blaine Stinson, Jason Blackburn, Chad Rasmussen, John Vanatta, John Whipple, Gene Kirk, Clint Blackburn, Arlene Bartholomew, Dawn Miller, Dale Kirkpatrick, Vicki Kirkpatrick, Richard Ohrt, Alice Hodde, Kevin Kruse, Lyle Hodde, Kevin Gowing with Southwest Regional Water District, Patrick Dunbar, Roger Madison, Seth Blackburn, Matt Shearer, Nick Shearer, Cory Morrical, Dan Olson, Charlie Zanker, Leonard Tomlyn, Alicia Chrastil, Gregg Cruickshank, Jerry Berry, Lynda Cruickshank, William D. Sapp, Nik Robbins, Ross Silcock, Karen Berry, Les Robbins, Mike Crecelius, Chris Boyd and Pat Sheldon.
At 6:30 p.m. the first public hearing on the proposed Animal Protection and Control Ordinance which was designed to address fee to license, situations with animals running loose, and deemed dangerous animals was tabled. After considerable discussion, Larson made a motion to table until a committee could be formed to review and tweak the ordinance. Morgan, aye; Larson, aye; Hendrickson, aye.
At 7:20 p.m. Kevin Gowing, SWIA Regional Water met with the board to discuss a water study at I29/Hwy2. Gowing said Southwest Regional Water Board of Directors is offering to participate in a water supply and system study at I29/Hwy2 with the County. Gowing said they have worked with Garden & Associates and are confident of their results, integrity, and workmanship and the study fee would cost $6,800.00 with cost shared by 50%. This would benefit the District for future access and insight to evaluate supply and demand for a Phase II Expansion Project with G.A. Engineering.
At 7:40 p.m. Jan Winkler, Fremont County CPC/Community Services Director met with the board for approval of 2010 Actual Cost Report. Motion was made by Larson to approve the report establishing the rate for the Elderly Waiver. Morgan, aye; Larson, aye; Hendrickson, aye. Motion was made by Morgan to approve the report to establish the rate for all other waivers and habilitation. Larson, aye; Morgan, aye; Hendrickson, aye.
At 7:45 p.m. Les Robbins and William D. Sapp talked about issues, at great length, regarding extending the tax incremental financing agreement for their development at the Interstate 29/Highway 2 Intersection. They are requesting the Board of Supervisors extend their TIF an additional five years, while they still have approximately eight years to go on their 15-year agreement. FREDCO Board was supporting the extension, while several concerned citizens opposed it. The Fremont County Assessor passed out a spread- sheet showing the negative financial impact the TIF has on county entities, with the Hamburg Schools being the biggest loser. The board members rejected the extension by a 2-to-1 vote-Supervisor Chair Earl Hendrickson was in favor of the extension, while supervisors Cara Morgan and Chuck Larson were in favor of tabling the issue to gather more information from a water study. Motion was made by Larson to table any decision on granting an extension until the water study is considered and completed. Larson, aye; Morgan, aye; Hendrickson, nay.
At 9:40 a.m. there being no further business, Larson made a motion to adjourn.
Morgan, aye; Larson, aye; Hendrickson, aye.
ATTEST:
Fremont County Auditor Earl Hendrickson, Chairman