Board of Supervisors Minutes

September 2013

September 3, 2013:

The Fremont County Board of Supervisors met in regular session on Tuesday, September 3, 2013, in the Fremont County Courthouse Boardroom, with Hickey, Morgan and Bartholomew 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. Danelle Bruce, CPC, met with the Board requesting approval of the following:

Motion was made by Morgan to approve the Outpatient Mental Health Services Contract at Cornerstone Counseling. Cornerstone Counseling is a new counseling service business being opened in Tabor by Amy Faust. The Pottawattamie County Attorney’s Office reviewed the contract. Morgan, aye; Hickey, aye; Bartholomew, aye.

Motion was made by Morgan to approve the required update to the Business Associate Agreement with Alegent Creighton Health. The contract was reviewed by the Pottawattamie County Attorney. Morgan, aye; Hickey, aye; Bartholomew, aye.

At 9:07 a.m. Sheriff Kevin Aistrope joined the meeting.

At 9:17 a.m. a motion was made by Hickey to approve Thompson, Dreessen & Dorner for soil boring for the law enforcement center. Morgan, aye; Hickey, aye; Bartholomew, aye.

At 9:18 a.m. the Board discussed using Speer Financial, Ruan, & Northland Securities as possible bonding companies for the law enforcement center. Auditor Joan Kirk will obtain information regarding the fees from each bonding company. A motion was made by Morgan to table the issue pending the costs for services. Morgan, aye; Hickey, aye; Bartholomew, aye.

At 9:23 a.m. Fremont County Engineer, Dan Davis, met with the Board to discuss options for the Taylor Bridge. The bridge was recently put out of service after the latest inspection. The report states that a pier is moving. The cost to replace the bridge will be around $1.2 million. The cost to repair the bridge will be roughly $250,000. Davis says the cost to repair is probably on the low side. He is concerned that once the repairs are started they would run in to additional costs. He recommends replacing the bridge instead of repairing it. This is a farm-to-market road. He has $500,000 in the bridge fund. They can borrow ahead up to 6 years from HBP Fund. The Engineer will present a resolution at a later date regarding replacement of the bridge.

At 9:38 a.m. Motion was made by Hickey to approve renewal of Class C Beer Permit, Sunday Sales for Cubby’s Inc. d/b/a/ The Junction. Morgan, aye; Hickey, aye; Bartholomew, aye.

Motion was also made by Hickey to approve renewal of Class B Native Wine Permit, Class C Beer Permit (BC), & Sunday Sales for Sidney Foods, Inc. Morgan, aye; Hickey, aye; Bartholomew, aye.

At 9:41 a.m. a motion was made by Morgan to approve a request from Southwest Iowa Families to use courthouse grounds on October 16th, 2013, from 5:00 p.m. to 8:00 p.m. for an event for Domestic Violence Awareness Week. Morgan, aye; Bartholomew, aye; Hickey, aye.

At 10:01 a.m. a motion was made by Morgan to table signing the Resolution filling the vacancy of the Fremont County Attorney. Motion Carried. Morgan, aye; Hickey, aye; Bartholomew, aye.

At 10:06 a.m. the Board discussed the report from the Pottawattamie County Attorney’s Office regarding the State Audit Report. The Board discussed the recommendations from the Pottawattamie County Attorney’s Office regarding Paragraph IV-12-D & Paragraph IV-M-12. The Board will act on and finalize the State Audit Report next week.

In other business, payroll and claims were approved for September 6, 2013.

At 11:10 a.m. there being no further business, Morgan made a motion to adjourn. Morgan, aye; Bartholomew, aye; Hickey, aye.

ATTEST:

Fremont County Auditor                                                                                 Bart Bartholomew, Chairman

September 10, 2013:

At 8:30 a.m. on Tuesday, September 10, 2013, a department head meeting was held in the Fremont County Courthouse Boardroom. Present were Bart Bartholomew, Cara Morgan, Randy Hickey, Judy Crain, Dan Davis, Karen Berry, Nancy Henneman, Danny Toma, Jennifer McAllister, Mike Crecelius, Kevin Aistrope, Arnold Emberton and Joan Kirk. Topics discussed were: employee handbook; homeland security; employee changes in Sheriff’s office; LEC; electronic filing in the Clerk’s office.

The Fremont County Board of Supervisors met in regular session on Tuesday, September 10, 2013, in the Fremont County Courthouse Boardroom, with Bartholomew, Morgan and Hickey 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. Also present for this meeting were Sheriff Kevin Aistrope & Chief Deputy Steve Owen.

At 9:00 a.m. Motion was made by Hickey to approve a request for use of Veterans’ Memorial on courthouse grounds on October 6th, 2013, for a memorial event for to recognize the Sesquicentennial of the Civil War. Morgan, aye; Bartholomew, aye; Hickey, aye.

At 9:05 a.m. Motion was made by Morgan approve Resolution 2013-52 appointing James Burger to fill the vacancy of Fremont County Attorney.

RESOLUTION NO. 2013-52

RESOLUTION TO ALLOW BOARD TO APPOINT

WHEREAS, Fremont County experienced a vacancy in the office of County Attorney; and

WHEREAS, the Fremont County Board of Supervisors have completed the interview process and wishes to fill said vacancy;

NOW THEREFORE BE IT RESOLVED BY THE FREMONT COUNTY BOARD OF SUPERVISORS

That in accordance with Iowa Code Section 69.14A(2)(a), the Board hereby appoints attorney James Burger to fill the position of Fremont County Attorney at a salary of $60,150.00 per year, effective September 16, 2013.

Motion to approve was made by Morgan.

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

At 9:10 a.m. Motion was made by Hickey to finalize two items Paragraph IV-12-D & Paragraph IV-M-12 from the State Audit Report after consulting the Pottawattamie County Attorney for legal counsel. The attorney’s responses will be forwarded to the State Auditor’s Office. Morgan, aye; Hickey, aye; Bartholomew, aye.

At 9:15 a.m. Fremont County Engineer, Dan Davis met with the Board for approval of the following:

Motion was made by Hickey to authorize Chairman Bartholomew to sign Five Year Secondary Roads Construction Program – Amended #1. Hickey, aye; Morgan, aye; Bartholomew, aye.

Motion was made by Morgan authorizing Chairman Bartholomew to sign contract with HGM for design services for Taylor Bridge. Hickey, aye; Morgan, aye; Bartholomew, aye.

In other business, the Recorder’s monthly report was approved for the month ending 8/30/13.

At 9:35 a.m. there being no further business, Morgan made a motion to adjourn. Morgan, aye; Bartholomew, aye; Hickey, aye.

ATTEST:

Fremont County Auditor                                                                                 Bart Bartholomew, Chairman

September 13, 2013:

The Fremont County Board of Supervisors met in special session on Friday, September 13, 2013, in the Fremont County Courthouse Boardroom, with Hickey, Morgan and Bartholomew present. A quorum was declared and the meeting officially called to order at 9:00 a.m. The agenda was approved as posted. Also present for this meeting was Sheriff Kevin Aistrope.

At 9:00 a.m. the Board of Supervisors, concurring with the County Auditor, held the official canvass of votes cast in the September 10, 2013 School Election. Present were Supervisors Hickey, Morgan and Bartholomew. Also present was Assistant Auditor, Dee Owen. Motion was made by Hickey to declare the following elected and public measures passed. Bartholomew, aye; Hickey, aye; Morgan, aye.

Farragut Community School–Bob Lynn, Farragut School Director At Large (23 votes); Shelly Mount, Farragut School Director At Large (34 votes).

Fremont-Mills Community School–Darrin Mitchell, Fremont-Mills School Director District 2 (32 votes); Elizabeth Alexander, Fremont-Mills School Director District 5 (32 votes).

Hamburg Community School–Reva Benefiel, Hamburg School Director At Large (130 votes); Phillip Kuhr, Hamburg School Director At Large (137 votes).

Sidney Community School–Larry Holt, Sidney School Director At Large (122 votes); Heidi Lowthorp, Sidney School Director At Large (88 votes).

IWCC Public Measure B–Yes (295 votes) & No (168 votes).

IWCC Public Measure C–Yes (316 votes) & No (148 votes).

At 9:15 a.m. Christy Briley, Assistant Auditor, met with the Board to discuss new healthcare reform regulations that will affect the County. Briley explained that the new governmental insurance marketplace website would be opening October 1, 2013. The new laws will also require Fremont County to offer health insurance to any employee that works more than 30 hours per week. The Board will adjust the handbook to reflect these changes and all department heads will also be notified. Briley also discussed the results of the recent IMWCA site visit.

At 9:35 a.m. Jeff Heil and Michael Hart with Northland Securities met with the Board to discuss bonding procedures for the new law enforcement center.

At 10:29 a.m. there being no further business, Bartholomew made a motion to adjourn. Morgan, aye; Bartholomew, aye; Hickey, aye.

ATTEST:

Fremont County Auditor                                                                                 Bart Bartholomew, Chairman

September 17, 2013:

The Fremont County Board of Supervisors met in regular session on Tuesday, September 17, 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. Mark Travis, City of Sidney, met with the Board to discuss changes pertaining to Sidney City Council enacting two new ordinances that will affect parking around the downtown area. Also present was Danny Toma and Judy Crain.

At 9:15 a.m. Motion was made by Morgan to approve the following claims for LEC: Prochaska & Associates, Inc., $13,276.65, Schematic Design; Prochaska & Associates, Inc. $24,436.53 Schematic Design; Land Surveying Svc, Inc. $2,790.00, survey jail site. These expenses will come out of Department 99, and when bonds are sold the County will be paid back. Hickey, aye; Morgan, aye; Bartholomew, aye.

At 9:20 a.m. the Board received a plan and timeline showing how the City of Hamburg would like to proceed with maintenance of the Nishnabotna Relevy. Morgan said she thought the plans the City of Hamburg has for maintenance of the Levee sounded good, and would like the city to follow through with the bidding process. The Board will check with the County Attorney to make sure procedures are being followed correctly.

At 10:00 a.m. Larry Burger and Maggie Burger, Speer Financial, met with the Board for a presentation of Speer Financial bonding procedures regarding the new LEC.

At 10:30 a.m. Chip Schultz, Ruan Securities, met with the Board for a presentation of Ruan Securities bonding procedures regarding the new LEC.

At 11:00 a.m. Maggie Reyes, Pottawattamie County Attorney’s Office, requesting Executive Session for discussion and/or decision concerning current litigation pursuant to Iowa Code 21.5(c) to discuss matters where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. Present were Maggie Reyes, James Burger, Jon Jacobmeier, Judy Crain, Bart Bartholomew, Cara Morgan, Randy Hickey and Joan Kirk. At 11:05 a.m. Morgan made a motion to go into closed session. Vote-Bartholomew, aye; Hickey, aye; Morgan, aye. At 11:05 a.m. the Board went into closed session. At 11:20 a.m. motion was made by Morgan to go out of closed session. Vote: Bartholomew, aye; Hickey, aye; Morgan, aye. Morgan made a motion to authorize a settlement in monthly payments regarding a small claims action. Hickey, aye; Morgan, aye; Bartholomew, aye.

At 11:30 a.m. Motion was made by Hickey to name Northland Securities as the bonding company for the LEC. Hickey, aye; Morgan, aye; Bartholomew, aye.

In other business, payroll and claims for September 20, 2013, were approved.

At 11:35 a.m. there being no further business, Hickey made a motion to adjourn. Hickey, aye; Morgan, aye; Bartholomew, aye.

ATTEST:

Fremont County Auditor                                                                                 Bart Bartholomew, Chairman

September 24, 2013:

The Fremont County Board of Supervisors met in regular session on Tuesday, September 24, 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 Twila Larson was present at this meeting.

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 universal payment voucher with HGM Associates on Proj. #STP-S-CO36(65)--5E-36. Morgan, aye; Hickey, aye; Bartholomew, aye.

Motion was made by Morgan authorizing Chairman Bartholomew to sign universal payment voucher with HGM Associates on Proj. #BRS-CO36(60)--60-36. Morgan, aye; Hickey, aye; Bartholomew, aye.

Motion was made by Hickey to approve the following Resolution 2013-53. Morgan, aye; Hickey, aye; Bartholomew, aye.

RESOLUTION NO. 2013-53

MINIMUM MAINTENANCE ROAD RESOLUTION

WHEREAS, Fremont County desires to classify certain roads on the area service system in the County to provide for a minimal level of maintenance; and

WHEREAS, Fremont County, after consultation with the County Engineer, has the authority to specify certain roads within the County as Area Service "C" roads pursuant to Iowa Code Section 309.57; and

WHEREAS, Fremont County Board of Supervisors, after consulting with the Fremont County Engineer, desire to designate various roads in Fremont County on the Area Service "C" System to provide for a reduced level of maintenance in order to best utilize maintenance funds, and

WHEREAS, pursuant to Notice of Public Hearing duly published according to the Iowa Code, Public Hearing as held on March 19, 1985 at 10:00 A.M. in the Board of Supervisors room at the Fremont County Courthouse, Sidney, Iowa, to hear support and/or objections from the public on roads so designated.

NOW, THEREFORE, BE IT RESOLVED by the Fremont County Board of Supervisors that this County does hereby establish the road described as an Area Service "C" road, with restricted access and a minimal level of maintenance.

215th Street commencing at the intersection with 335th Avenue in Section 36, T69N-R41W, thence easterly approximately 1250 feet to the point of termination, Fremont County, Iowa

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

Davis was also requesting to purchase a 2005 single axle truck with plow & sander. Also present was Jeff Shirley. Morgan made a motion to allow the purchase. Morgan, aye; Hickey, aye; Bartholomew, aye.

At 9:20 a.m. Motion was made by Morgan to use the office of Ahlers & Cooney of Des Moines for a Bonding Attorney for the LEC. Morgan, aye; Hickey, aye; Bartholomew, aye.

At 9:25 a.m. the Board discussed the benefits of a short term loan for current LEC expenses. Morgan made a motion to seek a short term loan for the LEC to be paid back out of bond funds. Morgan, aye; Hickey, aye; Bartholomew, aye.

At 9:30 a.m. the Board discussed proper procedures for spending of Tourism funds provided through Hotel/Motel Tax, and give direction to the Tourism Board. Also present were Edna Eaton and James Burger. Burger will research the subject and get back to the Board with his findings.

At 9:50 a.m. Bartholomew will get in touch with a couple of people to see if they would be interested in filling the Board of Adjustment vacant positions.

At 10:00 a.m. Chuck Douglass, Tabor Historical Society, met with the Board to discuss helping fund the restoration of the Todd House. Present were James Burger, Liz Birkel-Leddy, Harry Wilkins, Peter Franks, Mike Adkins and John Hansen. Douglass said the City of Tabor is going to set aside $5,000 for the next two years to go toward the restoration, and is asking the County to do the same. Any decision on this will be tabled until next week.

At 10:20 a.m. Larry Greedy met with the Board to discuss replacement of a Veteran’s Affairs Director. Greedy wanted to know what the procedure is to replace a director, saying whoever takes over that position will have to complete training first. Discussion involved asking for suggestions from a past director, and possibly directing veterans to another Veterans Affair Office in the area that would be willing to help until the position is filled.

At 10:30 a.m. John Hansen and Mike Adkins with Midwest Construction gave a presentation showing the benefit of using their services during the construction of LEC. Hansen feels he can save the County money that will far out weight his fees. Decision will be made next week.

At 11:25 a.m. Michael Hart from Northland Securities met with the Board, and will start the process of setting up short term financing for the LEC. Motion was made by Morgan to sign a contract with Northland Securities following the approval of the county attorney. Morgan, aye; Hickey, aye; Bartholomew, aye.

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

ATTEST:

Fremont County Auditor                                                                                 Bart Bartholomew, Chairman


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