October 1, 2002

The Fremont County Board of Supervisors met in regular session on Tuesday, October 1, 2002, in the Fremont County Courthouse, Boardroom, with Aistrope, Hickey and Whipple present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Whipple moved to approve the agenda as posted; vote carried unanimously. Supervisor Whipple moved to approve the minutes of the previous Board session; vote carried unanimously.

The Report of Commission of Veteran Affairs was approved. Payroll for October 4, 2002 and the following claims were approved. Claim numbers 964, 965 and 966 were not approved.

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

ATTEST:

Fremont County Auditor                             David Aistrope, Chairman

October 3, 2002:

The Fremont County Board of Supervisors met in regular session on Thursday, October 3, 2002, in the Fremont County Courthouse, Boardroom, with Supervisors Aistrope, Hickey and Whipple present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Motion was made by Hickey to approve the agenda as posted; vote carried unanimously. Supervisor Hickey moved to approve the minutes of the previous Board session; vote carried unanimously.

At 10:00 a.m. a public hearing was held on the proposed vacation of a portion of an alley in Percival, Iowa legally described as: That part of the North – South alley bisecting Block 2 in the unincorporated Town of Percival, Iowa, bounded on the North by an eastward extension of the North line of Lot 8 to Lot 4 and on the South by the North line of Grant Street. Present at the hearing were Supervisors Aistrope, Hickey and Whipple; June Hardy, Assistant Auditor; and Attorney Gene Eaton and Geneva Ailes, who appeared in support of the proposed vacation. No one appeared at the hearing to object to the proposed vacation. Motion was made by Whipple, seconded by Hickey to approve the vacating of the above described portion of the alley. Whipple, aye; Hickey, aye; Aistrope, aye.

RESOLUTION VACATING PORTION OF ALLEY IN PERCIVAL, IOWA

WHEREAS, on this 3^rd day of October, public hearing was held before the Fremont County Board of Supervisors on the proposed vacation of a portion of an alley in Percival, Fremont County, Iowa, legally described as:

That part of the North - South alley besecting Block 2 in the unincorporated Town of Percival, Iowa,

Bounded on the North by an eastward extension of the North line of Lot 8 to Lot 4 and on the South by the North line of Grant Street, and;

WHEREAS, the only abutting property owner owning on both sides of the above described portion of alley is Geneva Ailes who was served with notice of this hearing by certified mail on September 19, 2002 and who appeared at this hearing with her Attorney, Gene Eaton, urging vacation of the above described segment of alley and without filing any claim for damages;

WHEREAS, public notice of this hearing was also published in one publication of the Sidney Argus-Herald on September 26, 2002 and no one appeared at this hearing to object to the proposed vacation; and

WHEREAS, there are no state owned lands which would be affected by the proposed vacation and there are no utility companies with facilities adjoining or located upon the above described segment of alley proposed to be vacated; and

WHEREAS, the above described portion of alley has not been used by the public for many years and in fact the alley is obstructed in whole or in part by the garage of Geneva Ailes which was erected many years ago; and

WHEREAS, it is the finding of the Board of Supervisors of Fremont County that vacation of that portion of the above-described portion alley in Block 2 in the unincorporated Town of Percival, Iowa will not prejudice or adversely impact the public, will not adversely impact on the usage, maintenance and operation of any utility facility and will not deny access or cause damage to abutting property owners, and that the above described segment of alley should be vacated;

BE IT THEREFORE RESOLVED BY THE BOARD OF SUPERVISORS, OF FREMONT COUNTY AS FOLLOWS:

That the portion of the North – South alley bisecting Block 2 in the unincorporated Town of Percival, Fremont County Iowa, legally described as:

That portion of the North – South alley bisecting Block 2 in the unincorporated Town of Percival, Fremont County Iowa, bounded on the North by an eastward extension of the North line of Lot 8 to Lot 4 and on the South by the North line of Grant Street

Be and the same is hereby vacated and closed.

PASSED APPROVED AND ADOPTED this 3^rd day of October, 2002.

ATTEST:

/s/ June Hardy, Assistant Auditor          /s/ David Aistrope, Chairman
                                                                  /s/ Keith Hickey
                                                                  /s/ John E. Whipple

The Recorder’s Report of Fees Collected was approved.

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

ATTEST:

Fremont County Auditor                             David Aistrope, Chairman

October 8, 2002:

The Fremont County Board of Supervisors met in regular session on Tuesday, October 8, 2002, in the Fremont County Courthouse, Boardroom, with Aistrope, Hickey and Whipple present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Whipple moved to approve the agenda as posted; vote carried unanimously. Supervisor Whipple moved to approve the minutes of the previous Board session; vote carried unanimously.

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

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

ATTEST:

Fremont County Auditor                             David Aistrope, Chairman

October 10, 2002:

The Fremont County Board of Supervisors met in regular session on Thursday, October 10, 2002, in the Fremont County Courthouse, Boardroom, with Aistrope, Hickey and Whipple present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Whipple moved to approve the agenda as posted; vote carried unanimously. Supervisor Whipple moved to approve the minutes of the previous Board session; vote carried unanimously.

At 9:00 a.m. Jim Owen, Assistant Engineer, met with the Board. Motion was made by Hickey to authorize Chairman Aistrope to sign a contract with Barton Construction Co., Corning, IA, for RCB Culvert, Project L-4-26-2 for $44,058.20. Whipple, aye; Hickey, aye; Aistrope, aye. Motion was made by Hickey to authorize Chairman Aistrope to sign an Iowa Department of Transportation Agreement for Federal-Aid Surface Transportation Program (STP) Project for Project No. STP-S-CO36(26)—5E-36, resurfacing and widening County Route J32 from route M16, easterly 5.34 miles to the junction of State Highway 59. Whipple aye; Hickey, aye; Aistrope, aye.

At 10:00 a.m. Patricia Gaines from Iowa Western Workforce Development met with the Board for a request to proclaim the month of October as disability employment awareness month. Sandra Sillers was present. Motion was made by Whipple, seconded by Hickey to authorize Chairman Aistrope to sign the proclamation.

PROCLAMATION: WHEREAS, persons with disabilities have the right to maximize their abilities; and

WHEREAS, persons with disabilities have an equal capacity for productivity, independence, and integration throughout society, and

WHEREAS, persons with disabilities have the right to all of the life functions of their choice, including employment and participating in a community of their choice, and

WHEREAS, through public awareness and support, persons with disabilities can access opportunities to employment, enabling them to become integrated and contributing citizens of Iowa; and

WHEREAS, local, state and national organizations join together to promote maximum independence, productivity, and integration of persons with disabilities through public awareness with Iowa communities

NOW, THEREFORE, WE, FREMONT COUNTY, IOWA BOARD OF SUPERVISORS, DO HEREBY PROCLAIM THE MONTH OF OCTOBER, 2002, AS DISABILITY EMPLOYMENT AWARENESS MONTH

Board Members: David Aistrope, Keith Hickey, John E. Whipple

10-10-02

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

ATTEST:

Fremont County Auditor                             David Aistrope, Chairman

October 15, 2002:

The Fremont County Board of Supervisors met in regular session on Tuesday, October 15, 2002, in the Fremont County Courthouse, Boardroom, with Aistrope, Hickey and Whipple present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Whipple moved to approve the agenda as posted; vote carried unanimously. Supervisor Whipple moved to approve the minutes of the previous Board session; vote carried unanimously.

At 9:00 a.m. Attorney Bruce Green met with the Board in regards to a settlement for two pending claims that were filed by County Attorney Vicki Danley against Fremont County. Motion was made by Hickey to authorize Attorney Bruce Green to settle the two pending claims filed by County Attorney Vicki Danley against Fremont County. Motion was seconded by Whipple. Hickey, aye; Whipple, aye; Aistrope, aye.

At 9:30 a.m. Assistant County Engineer Jim Owen met with the Board. Motion was made by Hickey, seconded by Whipple to authorize Chairman Aistrope to sign plans for Project No. FM-CO36(29)—55-36 RCB Culvert Replacement-Twin Box L-44 over Horse Creek, Birkby Box and Project No. STP-S-CO36(26)—5E-36 HMA Pavement Widening with HMA Resurfacing County Road J32 from M16 to Hwy 59. Whipple, aye; Hickey, aye; Aistrope, aye.

At 10:00 a.m. Kristopher K. Madsen, Attorney at Law and Leanne Buell, CPCU, met with the Board in regards to possible litigation. Present were Kristopher K. Madsen, Leanne Buell, David Aistrope, John Whipple, Keith Hickey and Auditor Lucille Hunt. At 10:00 a.m. motion was made by Whipple to go into closed session according to Code Section 21.5(1) (C) to discuss strategy with counsel in matters where litigation is imminent and where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. Motion was seconded by Hickey. Whipple, aye; Hickey, aye; Aistrope, aye. At 11:10 a.m. motion was made by Whipple to go out of closed session. Motion seconded by Hickey. Hickey, aye; Whipple, aye; Aistrope, aye.

Payroll and claims for October 18, 2002 were approved. Claim numbers 1100 and 1113 were not approved.

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

ATTEST:

Fremont County Auditor                             David Aistrope, Chairman

October 17, 2002:

The Fremont County Board of Supervisors met in regular session on Thursday, October 17, 2002, in the Fremont County Courthouse, Boardroom, with Aistrope, Hickey and Whipple present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Whipple moved to approve the agenda as posted; vote carried unanimously. Supervisor Whipple moved to approve the minutes of the previous Board session; vote carried unanimously.

At 9:00 a.m. Doug Doty, Fremont County Extension Director, met with the Board and discussed the proposed matrix for confinement units.

Tracey Vanatta met with the Board and told them that she was purchasing a freezer with some of the money from the county grant. She said they lost some vaccine because the refrigerator freezer did not keep it cold enough.

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

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. 040040086000000, 040040088000000, 040040088020000, Buildings on Leased Land PT NE NW Located at Airport.

WHEREAS, the property is owned by the City of Shenandoah as a result of a FEMA program and returned to green space 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 17^th day of October, 2002.

Motion by Hickey, seconded by Whipple, carried unanimously.

ATTEST:

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

At 11:00 a.m. the Board discussed the grant money requested by the Baseball Subcommittee of Sidney Alumni and Friends. The Board said a new road was constructed in that area and that should suffice for the request by the Vision Iowa Board. Motion was made by Hickey that although they are not against the baseball/softball recreational facility located at the new school outside of Sidney, they cannot allocate county money for a special interest group to support the complex that will not be utilized by the population of the entire county. Hickey, aye; Whipple, aye; Aistrope, aye.

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

ATTEST:

Fremont County Auditor                             David Aistrope, Chairman

October 22, 2002: