Board of Supervisors Minutes

October 2009

October 6, 2009:

The Fremont County Board of Supervisors met in regular session on Tuesday, October 6, 2009, in the Fremont County Courthouse Boardroom with Larson, Hendrickson 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. let the records show Brian Kingsolver joined the meeting for a short time.

At 9:15 a.m. Angela Pelster met with the Board requesting to purchase a tax sale certificate on property in Imogene. Also present was Lila Breedlove. The Board asked her to provide them with a written request.

At 9:40 a.m. Jan Winkler and Mary Kesterson met with the Board requesting a budget amendment for Home Health Services for $60,000, revenues and expenditures, to satisfy a federal grant to the county for bioterrorism. Kesterson said the funds will come from federal funds but will be serviced as a state grant. Motion was made by Morgan to approve a budget amendment for $60,000 revenues and expenditures. Hendrickson, aye; Morgan, aye; Larson, aye.

At 10:00 a.m. Steve Whitehead, Maintenance Supervisor, met with the Board to present a $250.00 bid for construction work on a countertop for the Treasurer’s Office. Motion was made by Hendrickson to accept the bid. Morgan, aye; Hendrickson, aye; Larson, aye.

At 10:11 a.m. motion was made by Hendrickson to approve Resolution 2009-52, a resolution ordering the Treasurer to suspend taxes pursuant to Iowa Code Section 427.9 in regards to a notification from the Department of Human Services. Morgan, aye; Hendrickson, aye; Larson, aye.

At 10:15 a.m. Randy Monroe met with the Board regarding the water flow of ditches in Anderson. There is some question as to whether the ditches are on county property or private property. Larson said the Board would set up a meeting with the county engineer and view the ditches. Larson said he would let Monroe know when that meeting will be.

At 11:25 a.m. Fremont County Engineer Dan Davis met with the Board. Motion was made by Hendrickson to authorize Chairman Larson to sign Hungry Canyons Alliance Project Agreement for Construction of Stream Channel Stabilization Structure. Morgan, aye; Hendrickson, aye; Larson, aye.

In other business, the Veteran Affairs Report and the Recorder’s Report were approved.

Payroll and claims were approved for October 9, 2009.

At 11:30 a.m., there being no further business, Hendrickson made a motion to adjourn. Morgan, aye; Hendrickson, aye; Larson, aye.

ATTEST:

Fremont County Auditor                                                                                 Chuck Larson, Chairman

October 13, 2009:

At 8:30 a.m. on Tuesday, October 13, 2009, a department head meeting was held in the Fremont County Courthouse Boardroom. Present were Chuck Larson, Earl Hendrickson, Cara Morgan, Judy Crain, Dan Davis, Steve Whitehead, Margaret Henkle, Kevin Aistrope, Arnold Emberton and Joan Kirk. Topics discussed were: increase in passport postage; blocked water lines; county emails; Loess Hills Corridor Grant; establishing county safety committees and policies.

The Fremont County Board of Supervisors met in regular session on Tuesday, October 13, 2009, in the Fremont County Courthouse Boardroom with Larson, Hendrickson 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. Fremont County Engineer Dan Davis met with the Board to discuss 227th Ave. Project. Davis said if the county decides to make the private driveway a county road, the county would have to buy right-of-way from current landowners, establish centerline, ditches, etc. Decision on the project will be on next week’s agenda.

Motion was made by Morgan to authorize Chairman Larson to sign a Payment Voucher for HGM on Knox Road Project. Hendrickson, aye; Morgan, aye; Larson, aye.

At 9:15 a.m. motion was made by Morgan to approve a written request for courthouse use by the Democratic Party for January 23, 2010 and March 20, 2010. Hendrickson, aye; Morgan, aye; Larson, aye.

Motion was made by Hendrickson to approve request by Conservation Board to use the courthouse break room at 6:00 p.m. on Wednesday, November 4, 2009. Morgan, aye; Hendrickson, aye; Larson, aye.

At 9:30 a.m. let the records show Chuck Larson left the meeting.

At 10:00 a.m. Public Hearing on Application for Special Use Permit for Communications Tower. Present were Shawn Hensted, Jenni Kellis and Patrick Armstrong with US Cellular. Also present were Fremont County Engineer Dan Davis and Greg Cruickshank, Superintendent of Sidney School. Hendrickson asked what the reasoning was for the need of two towers. Hensted said at the time they were not sure the first location was going to go through, along with concerns regarding FCC regulations. At that point they started looking at the school location. Hensted said the first tower would serve the county well when other providers come into the community, as needs grow, there will probably be a need for two towers. Morgan asked where the tower would be located on the school property and Cruickshank gave a description as to where the tower would be. Cruickshank stated there have been two or three meetings with the school board and the board agrees it would be an extra source of funding for the school. The revenue received from the tower will be approximately $400 a month, and the tower should be able to handle three additional carriers. Hendrickson asked Davis what his opinion was and Davis said it was a tough situation. They were hoping there would only be one tower and have been working on the project for some time. He felt if it would benefit the community he would go along with it. There being no further discussion, at 10:15 a.m. Morgan made a motion to close the public hearing and pass the following Resolution and Special Use Permit. Morgan, aye; Hendrickson, aye.

RESOLUTION NO. 2009-53

WHEREAS an application has been received and a public hearing held on October 13, 2009 by the Fremont County Zoning Commission for a Special Use Permit as allowed under the Zoning Ordinance of Fremont County, Iowa,

and,

WHEREAS the Zoning Commission has reported to the Board recommending issuance of said Special Use Permit

NOW THEREFORE BE IT RESOLVED that a permit is granted to the party for the Special Use on the piece of property designated in the attached Special Use permit form.

This resolution hereby authorizes the Chairman of the Board of Supervisors to execute the attached Special Use permit.

Dated this 13th day of October, 2009.
Motion was made by Morgan.

ATTEST:

/s/ Joan Kirk                                                                                Chuck Larson            Absent
Fremont County Auditor                                                        /s/ Earl Hendrickson      aye
                                                                                                  /s/ Cara Morgan             aye

SPECIAL USE PERMIT

The Fremont County, Iowa, Board of Supervisors pursuant to the provisions of the Fremont County Zoning Ordinance and Chapter 335 of the 2001 Code of Iowa, as amended, hereby authorizes the following special use:

To replace existing cellular repeater located on the Sidney water tank with a full cell site at the Sidney Community High School on Knox Rd, Sidney, Iowa

This special use shall be located on the following property:

Lot 6 and in part of Lot 7, of Subdivision of the NW ¼ of Section 34, Township 69 North,
Range 42West of the 5th P.M., Fremont County, Iowa.

The owner of the special use facility is:
U.S. Cellular of RSA #1
12020 Ridgemount Drive
Urbandale, Iowa 50323

Date of Issuance: 10-13-09                                                                                /s/ Earl Hendrickson, Vice-Chairman
                                                                                                                                    Board of Supervisors
                                                                                                                                    Fremont County, Iowa

In other business, the Sheriff’s Monthly Report was approved.

At 10:30 a.m., there being no further business, Morgan made a motion to adjourn. Hendrickson, aye; Morgan, aye.

ATTEST:

Fremont County Auditor                                                                                 Chuck Larson, Chairman

October 20, 2009:

The Fremont County Board of Supervisors met in regular session on Tuesday, October 20, 2009, in the Fremont County Courthouse Boardroom with Larson, Hendrickson 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. Receipt of Union’s Initial Bargaining Proposals (Secondary Road).  Also present was Dan Davis. 

At 9:05 a.m. Presentation of County’s Initial Bargaining Proposal. 

At 9:10 a.m. Receipt of Union’s Initial Bargaining Proposal (Sheriff Dept.) 

At 9:15 a.m. Presentation of County’s Initial Bargaining Proposal.  No one from the Sheriff’s Office was present.     

At 9:30 a.m. Carlos Gallego, Census Bureau, met with the Board to discuss programs and resources available to local county governments. Gallego discussed with the Board how important it is to have each household fill out a ten-minute 2010 Census questionnaire. Gallego said the 2010 Census questionnaire is quick, easy and confidential.  Final response rates will be important to the county; if forms are not mailed back, there could be a loss of funds coming in.     

At 10:00 a.m. the Board held the hearing to adopt an Ordinance to Readopt The Compiled Book of Ordinances of Fremont County – Ordinance 2009-2.  The first reading was held at 10:00 a.m.  Motion was made by Morgan to put the ordinances in numeric order for easy reference and to approve the first reading of the ordinance.  Hendrickson, aye; Morgan, aye; Larson, aye.  Motion was made by Hendrickson to waive the second and third reading and to pass the ordinance as presented.  Morgan, aye; Hendrickson, aye; Larson, aye.  Also present were Robert Birkby and Arnold Emberton.      

At 10:15 a.m. motion was made by Morgan to continue maintaining the road at 227th Ave. as it is currently maintained.  Morgan, aye; Hendrickson, aye; Larson, aye. Also present was Dan Davis.  Davis will send a letter to the property owners.    

At 10:30 a.m. Fremont County Attorney Margaret Johnson met with the Board requesting approval of a 28E Agreement for Special Prosecutor.  Motion was made by Hendrickson to approve the following Resolution.  Morgan, aye; Hendrickson, aye; Larson, aye.    

RESOLUTION: 2009-54

RESOLUTION AUTHORIZING INVESTIGATION AND PROSECUTION AGREEMENT BETWEEN FREMONT COUNTY, IOWA AND THE POTTAWATTAMIE COUNTY, IOWA COUNTY ATTORNEY’S OFFICE 

WHEREAS, Chief Justice of the Fourth Judicial District, Charles L. Smith, has authorized Tom Nelson of the Pottawattamie County Attorney’s Office to serve as Special Prosecutor to conduct an investigation and consider criminal charges in a matter involving a highway patrol officer and a relative of a county employee, and  

WHEREAS, in order to facilitate that purpose, this Agreement is entered by and on behalf of Fremont County, by and through the Fremont County Board of Supervisors and the Pottawattamie County Attorney’s Office, and 

WHEREAS, pursuant to the authorities granted by Chapter 28E of the Code or Iowa, the approval of an agreement regarding the investigation and prosecution will provide an efficient use of local powers, 

BE IT RESOLVED BY THE FREMONT COUNTY BOARD OF SUPERVISORS does approve the Investigative and Prosecution Agreement between Fremont County, Iowa and the Pottawattamie County, Iowa County Attorney’s Office for the purposes of the matter at issue therein. 

Moved by: Hendrickson                                                           

ATTEST:                                                                                                           Roll Call

/s/ Joan Kirk                                                                                                     /s/ Chuck Larson, Chairman      aye
Fremont County Auditor                                                                                 /s/  Earl Hendrickson                  aye
                                                                                                                           /s/  Cara Morgan                         aye
Dated 10/20/2009
                           

At 10:45 a.m. the Board discussed space for Emergency Management Office at Secondary Roads Department.  Also present was Arnold Emberton.  Larson said his recommendation is to give the Emergency Management Commission until November 19th to make the decision to take the office space offered at the Secondary Road Department for the Emergency Management Coordinator office or move to some other location, but to be out of the break room by December 1, 2009.  Larson stated the break room will always be the EOC room and the coordinator would be able to leave two cabinets in there.  Motion was made by Hendrickson to accept Larson’s recommendation and have the Emergency Management Commission’s decision by the 19th of November, and to be out of the break room by December 1.  Morgan, aye; Hendrickson, aye; Larson, aye.  .        

Payroll and claims were approved for October 23, 2009

At 11:05 a.m., there being no further business, Hendrickson made a motion to adjourn.  Morgan, aye; Hendrickson, aye; Larson, aye.     

ATTEST:

Fremont County Auditor                                                                                Chuck Larson, Chairman

October 27, 2009:

The Fremont County Board of Supervisors met in regular session on Tuesday, October 27, 2009, in the Fremont County Courthouse Boardroom with Larson, Hendrickson and Morgan 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.

At 6:30 p.m. Randy Monroe met with the Board regarding a closed road going to the schoolhouse in Anderson. Larson said the Board will need to ask the County Attorney for a legal opinion as to what can be done with the county-owned road and said they would meet with the Treasurer and County Attorney on Tuesday, November 3, at 9:15 a.m. to discuss this and other county-owned properties.

At 6:45 p.m. motion was made by Hendrickson to authorize Chairman Larson to sign a Work in Right-of-Way Permit for Iowa Telecommunications Services, Inc. for telephone cable and pedestals for service at 3313 260th Street. Morgan, aye; Hendrickson, aye; Larson, aye.

The following claims were approved for handwritten warrants. General Basic Fund: Fleet Services, Fuel, $94.90; Joint Disaster Services Fund: Fleet Services, Fuel, $94.90.

At 7:10 p.m., there being no further business, motion was made by Morgan to adjourn. Hendrickson, aye; Morgan, aye; Larson, aye.

ATTEST:

Fremont County Auditor                                                                                 Chuck Larson, Chairman

September 2009     Home     November 2009