Board of Supervisors Minutes November 2001

Board of Supervisors Minutes

November 2001

November 1, 2001:

The Fremont County Board of Supervisors met in regular session on Thursday, November 1, 2001, in the Fremont County Courthouse, Boardroom, with Whipple, Aistrope and Hickey present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Hickey moved 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 9:00 a.m. motion was made by Hickey to retain Renee Von Bokern to update the Fremont County Personnel Policies Manual. Motion was seconded by Aistrope and carried unanimously.

At 9:30 a.m. the Board, acting as trustees for Johnson Run Drainage District, had a teleconference with the Page County Board of Supervisors. Page County said they purchased an 18" diameter tree shearer. Page County will remove some trees in Johnson Run Ditch as far as the $8,000 on hand will cover.

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

ATTEST:

Fremont County Auditor John E. Whipple, Chairman

November 6, 2001:

The Fremont County Board of Supervisors met in regular session on Tuesday, November 6, 2001, in the Fremont County Courthouse, Boardroom, with Whipple, Aistrope and Hickey present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Hickey moved 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 9:00 a.m. the following resolution was approved.

RESOLUTION: BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 6^th day of November, 2001, that the Auditor be authorized to cancel outstanding warrants that are over two years old.

Motion made by Aistrope, seconded by Hickey that the above resolution be approved. Motion carried unanimously.

ATTEST:

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

Correspondence was sent to the County Attorney’s office in regards to conduct of elected officials.

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

The following claims were approved. Claim numbers 16756, 16764 and 16765 were not approved.

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

ATTEST:

Fremont County Auditor John E. Whipple, Chairman

November 8, 2001:

The Fremont County Board of Supervisors met in regular session on Thursday, November 8, 2001, in the Fremont County Courthouse, Boardroom, with Whipple, Aistrope and Hickey present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Hickey moved 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 9:00 a.m. Dan Davis, County Engineer, met with the Board. Motion was made by Hickey to authorize Chairman Whipple to sign a payment voucher to the Iowa Department of Transportation for contract number 01930 and a payment voucher to HGM Associates, Inc. for contract number BROS-C036(31)—5F-36. Motion was seconded by Aistrope, carrying unanimously. Davis helped the Board complete the 2001Weed Commissioner’s Report and the report was returned to the IDALS.

RESOLUTION FOR ESTABLISHING SPEED LIMITS

WHEREAS, the Board of Supervisors is empowered under authority of Iowa Code Sections 321.255 and 321.285 of the Code of Iowa, to determine upon the basis of an engineering and traffic investigation, that the speed limit of any secondary road is greater than is reasonable and proper under the conditions existing, and may determine and declare a reasonable and proper speed limit, and

WHEREAS, such an investigation has been requested by the City of Farragut and has been completed by the Fremont County Engineer, through the Iowa Department of Transportation.

NOW THEREFORE BE IT RESOLVED by the Board of Supervisors of Fremont County that a 45 mph speed limit be established and appropriate signs be erected at the location described as follows:

Commencing at the NW Corner of Section 7, Township 68 North, Range 40 West, being the intersection of 370^th Avenue (M16) and Manti Road; thence in a Southerly direction on 370^th Avenue (M16) 1325 feet to the Northerly limits of the City of Farragut, in Fremont County, Iowa.

Motion to approve made by Aistrope, seconded by Hickey.

Approved this 8^th day of November, 2001.

ATTEST:

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

ATTEST:

Fremont County Auditor John E. Whipple, Chairman

November 13, 2001:

The Fremont County Board of Supervisors met in regular session on Tuesday, November 13, 2001, in the Fremont County Courthouse, Boardroom, with Whipple, Aistrope and Hickey present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Hickey moved 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 9:00 a.m. Steve Hoegh and Tom Bouska met with the Board in regards to DHS restructuring. Present were Jessie Rasmussen,, Tom Bouksa, Steve Hoegh, Mary Ann Gibson and Sandra Sillers. Fremont County will no longer be a cluster county with three counties. Fremont County will be a part of fourteen counties and the Fremont County office will be part time instead of full time. Out of the 99 counties, 40 will become part time. Particulars of the part time status has not been determined and the movement will take place from March 1 to July 1, 2002. Sillers and Gibson said it is a laborious process to fill out applications and form and the paper work needs to be streamlined. Whipple suggested they look to the outside for help, for instance people like Sandra Sillers and Mary Ann Gibson, to give them some pointers. Ms. Rasmussen said she wants to work with the counties to see how this is going to work.

At 10:00 a.m. the Board proceeded to canvass the city elections that were held on November 6, 2001. Supervisor Aistrope moved to approve the election results as presented; motion seconded by Hickey, carrying unanimously. The following persons were declared elected to the following positions:

Farragut: Mayor – Thomas R. Shull; City Council – Emily Bengtson, Harold Dinsmore and Jerry Gruber.

Hamburg: City Council at Large – Paul Bennett; City Council Ward II – William A. Starnes.

Imogene: Mayor – Angela Pelster; City Council – Kimberly Bojan, Terri Poe and Betty McGargill.

Randolph: Mayor – Gary D. Farwell; City Council – Doug Ford, Dana Perkins, Dan Pijanowski, Vance Trively and Dean Wilson.

Riverton: Mayor – David Detrick; City Council – Terry Lee Cowden, James F. Kimpston, Renee Kimpston, Douglas A. Phillips and Robert Randolph.

Sidney: Mayor – Doug Hobbie; City Council – Stephen J. Jorgenson, Ryan Kersten and Randy Moreland; City 9Park Board – Duane Ridnour.

Tabor: Mayor – Donald Baggs; City Council – Warren Aistrope, Dennis L. Hockabout and Dave Roberts.

Thurman: Mayor – Rodney E. Umphreys, Sr.; City Council – Larry R. Hill, Jim Keightley, Don D. Simmons, Carolyn Travis and Glen E. Travis; City Treasurer – Mary Kesterson.

At 10:15 a.m. motion was made by Hickey to approve the following resolution. Motion seconded by Aistrope and carried unanimously.

A RESOLUTION PROVIDING FOR A PUBLIC HEARING AND PUBLICATION OF NOTICE IN REGARD TO FREMONT COUNTY ASSIGNING A CERTIFICATE OF PURCHASE AT TAX SALE TO THE FOLLOWING:

Parcel 240240155010000 Mobile Home, located on LOTS 1 & 2 BLOCK 6 Bartlett, Section 09, Twp 070, Range 43, Fremont County, Iowa,

Parcel Number 240240155000000, LOTS 1 & 2 BLOCK 6 Bartlett, Section 09, Twp 070, Range 43 in Fremont County, Iowa, according to the recorded plat thereof,

WHEREAS, the Fremont County Board of Supervisors proposes to assign two certificates of purchases at tax sale to Pat and Steve White, PO Box 39, Tabor, Iowa 51653, in exchange for the sum of one hundred and twenty five dollars and Pat and Steve White’s promise to pay all legal expenses for the abatement of the nuisances now located on LOTS l & 2 BLOCK 6 Bartlett, Section 09, Twp 070, Range 43 in Fremont County Iowa and the mobile home located on said property plats thereof and to bring the properties up to an appropriate level of maintenance.

THEREFORE, be it resolved that a public hearing on the foregoing proposal shall be held at 9:00 a.m. on the 29^th day of November, 2001, in the Boardroom in the Fremont County Courthouse, Sidney, Iowa, and that the notice of the hearing shall be published as provided by the Iowa Code Section 331.361(2). The Fremont County Auditor is directed to publish a notice of public hearing in the Sidney Argus Herald, once, at least four days but not more than twenty days before the date of the public hearing.

Adopted this 13^th day of November, 2001.

ATTEST:

In other business, payroll for November 16, 2001 was approved and the Sheriff’s monthly report of fees collected was approved.

Bill Penn and Connie Rewinkle stopped in to see the Board in regards to putting Christmas lights up on the square. They are not plugging the lights into the Courthouse but will use wire or rope to support the lights on the Courthouse.

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

ATTEST:

Fremont County Auditor John E. Whipple, Chairman

November 15, 2001:

The Fremont County Board of Supervisors did not meet in regular session on Thursday, November 15, 2001, as they were attending the Iowa State Association of Counties meeting in Des Moines, Iowa.

November 20, 2001:

The Fremont County Board of Supervisors met in regular session on Tuesday, November 20, 2001, in the Fremont County Courthouse, Boardroom, with Whipple, Aistrope and Hickey present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Hickey moved 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 9:45 a.m. County Engineer Dan Davis met with the Board. Motion was made by Hickey to authorize Chairman Whipple to sign an Iowa Department of Transportation payment voucher to Kirkham, Michael and Associates, Inc. for Project FM-CO36(25)—55-36. Motion seconded by Aistrope and carried unanimously.

At 10:00 a.m. a public hearing for an application for zoning district change, preliminary plat, final plat and special use permit was held as published. David Cunningham, David Graeser and County Engineer Dan Davis were present.

RESOLUTION: WHEREAS an application has been received and a public hearing held on October 22, 2001 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 (subject to receiving the removal bond) to the party for the Special Use on the piece of property designated in the attached Special Use permit form (on file in Auditor’s Office).

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

Dated this 20^th day of November, 2001. Motion to adopt resolution made by Hickey and seconded by Aistrope.

ATTEST:

RESOLUTION: WHEREAS, an application has been received and a public hearing held by the Fremont County Zoning Commission for a zoning change from agriculture to commercial, and

WHEREAS, the Zoning Commission has reported to the Board of Supervisors that the zoning district change from an agricultural district to commercial district be granted to the applicant, Sapp Bros. Travel Center, c/o William D. & Lucille M. Sapp, PO Box 45766, Omaha, NE 68145;

WHEREAS, the Fremont County Board of Supervisors published a Notice of a Public Hearing for a Zoning District Change concerning the zoning district change from agriculture to commercial for applicant Sapp Bros. Travel Center, c/o William D. & Lucille M. Sapp, as recommended by the Zoning Commission;

NOW THEREFORE BE IT RESOLVED by the Fremont County Board of Supervisors, following the public hearing at 10:00 a.m. on November 20, 2001, that the application for a zoning district change from agricultural to commercial by applicant Sapp Bros. Travel Center, c/o William D. and Lucille M. Sapp, PO Box 45766, Omaha, NE. 68145, be approved for the location of the property described as follows:

That part of the SW ¼ of Section 21, T68N, R43W of the 5^th P.M., Fremont County, Iowa, described as follows: Beginning at the NW Corner of Lot 2, Sapp Bros. Travel Center, a subdivision in said Fremont County; Thence N89° 57’29" E (assumed bearing) 1584.00 feet on the northerly lines of Lots 2, 3 and 6, said Sapp Bros. Travel Center and their easterly extension to the westerly line of Interstate 29; Thence N26° 29’01" W 401.99 feet on the westerly line of Interstate 29; Thence N30° 03’13"W 42.67 feet on the westerly line of Interstate 29; Thence N88° 27’10"W 724.12 feet; Thence N01° 32’50"E 160.00 feet on a line 648.00 feet easterly of and parallel with the westerly line of said SW ¼; Thence N88° 27’10"W 648.00 feet to the westerly line of said SW ¼; Thence S01° 32’50"W 595.11 feet on the westerly line of said SW ¼ to the Point of Beginning. Containing 16.46 acres more or less.

Motion to approve the resolution made by Hickey, seconded by Aistrope, carrying unanimously.

Dated November 20, 2001.

ATTEST:

David Graeser, Attorney for Sapp Brothers Travel Center, stated he did not have the ‘Mortgagee Consent to Plat’ as yet. Attorney David Graeser requested the Board approve the plat of Sapp Brothers Travel Center, Lots 7 through 16, inclusive, A subdivision of a part of the SW ¼ of the SW ¼ of Section 21, T68N, R43W of the 5^th P.M., Fremont County, Iowa, subject to receiving the ‘Mortgagees Consent to Plat’. Motion was made by Aistrope to approve the following resolution at the request of Attorney Graeser, subject to receiving the ‘Mortgagees Consent to Plat’ and that all plats and resolution will not be recorded and will be held by the Auditor until the ‘Mortgagees Consent to Plat’ is received. Motion was seconded by Hickey, carrying unanimously.

RESOLUTION APPROVING PLAT OF SAPP BROS. TRAVEL CENTER, LOTS 7 THROUGH 16, INCLUSIVE, A SUBDIVISION OF A PART OF THE SW ¼ OF THE SW ¼ OF SECTION 21, T68N, R43W OF THE 5^TH P.M., FREMONT COUNTY, IOWA.

WHEREAS, SDB, L.L.C., an Iowa Limited Liability Company, proprietors of the following described real estate, situated in Fremont County, Iowa, to-wit:

THAT PART OF THE SW ¼ OF SECTION 21, T68N, R43W OF THE 5^th P.M., FREMONT COUNTY, IOWA, DESCRIBED AS FOLLOWS:

BEGINNING AT THE NW CORNER OF LOT 2, SAPP BROS. TRAVEL CENTER, A SUBDIVISION IN SAID FREMONT COUNTY; THENCE N89° 57’29"E (ASSUMED BEARING) 939.91 FEET ON THE NORTHERLY LINES OF LOTS 2, 3, AND 6, SAID SAPP BROS. TRAVEL CENTER TO THE NE CORNER OF SAID LOT 6; THENCE S00° 02’31"E 346.00 FEET ON THE EASTERLY LINE OF SAID LOT 6 TO THE SE CORNER THEREOF; THENCE S89° 57’29"W 53.00 FEET ON THE SOUTHERLY LINE OF SAID LOT 6 TO THE NE CORNER OF LOT 5, SAID SAPP BROS. TRAVEL CENTER; THENCE S00° 02’31"E 564.41 FEET ON THE EASTERLY LINES OF LOTS 5 AND 4, SAID SAPP BROS. TRAVEL CENTER TO THE SE CORNER OF SAID LOT 4 AND TO THE NORTHERLY RIGHT-OF-WAY LINE OF HIGHWAY 2; THENCE S86° 23’20"E 660.19 FEET ON THE NORTHERLY RIGHT-OF-WAY LINE OF HIGHWAY 2; THENCE N89° 51’57"E 167.83 FEET ON THE NORTHERLY RIGHT-OF-WAY LINE OF HIGHWAY 2 TO THE WESTERLY LINE OF INTERSTATE 29; THENCE NORTHERLY ON THE WESTERLY LINE OF INTERSTATE 29 ON THE FOLLOWING DESCRIBED 5 COURSES; THENCE N45° 45’09"E 218.48 FEET; THENCE N17° 18’00"W 504.62 FEET; THENCE NORTHWESTERLY ON A 1562.10 FOOT RADIUS CURVE TO THE LEFT, CHORD BEARING N21° 04’10"W, CHORD DISTANCE 205.38 FEET, AN ARC DISTANCE OF 205.53 FEET; THENCE N26° 29’01" W 543.02 FEET; THENCE N30° 03’13" W 42.67 FEET; THENCE N88° 27’10"W 724.12 FEET; THENCE N01° 32’50"E 160.00 FEET ON A LINE 648.00 FEET EASTERLY OF AND PARALLEL WITH THE WESTERLY LINE OF SAID SW ¼; THENCE N88° 27’10"W 648.00 FEET TO THE WESTERLY LINE OF SAID SW ¼; THENCE S01° 32’50"W 595.11 FEET ON THE WESTERLY LINE OF SAID SW ¼ TO THE POINT OF BEGINNING.

Have submitted to the County Zoning Commission and to this Board a sufficient number of Plats of Subdivision, said tract to be known as Sapp Bros. Travel Center, Lots 7 through 16, inclusive, a subdivision of a part of the SW ¼ SW ¼, Sec. 21, T68N, R43W of the 5^th P.M., said plat conforming in all essential respects with the requirements of the Code of Iowa and the Ordinance of this County and to the extent requirements of the latter are omitted, some are either not applicable to the particular subdivision, or are non-essential; and

WHEREAS, this Subdivision is more than one mile from the city limits of any town in the county and county subdivision ordinance applies; and

WHEREAS, the County Zoning Commission has approved the said Subdivision Plat and said subdivision is consistent with the orderly growth and development of the County and the protection of the public welfare and interest of the County and surrounding areas, and is in keeping with the general intent and spirit of the County Subdivision Ordinance:

NOW, THEREFORE, IT IS RESOLVED BY THE BOARD OF SUPERVISORS OF FREMONT COUNTY, IOWA:

That a Preliminary Plat was filed with the Zoning Commission and the Plat of Subdivision of Sapp Bros. Travel Center, Lots 7 through 16, inclusive, is in substantial compliance with the Preliminary Plat.

That the road paving has been constructed or shall be constructed to serve all lots prior to issuance of building permits for such lots. Such improvement is being provided at the proprietors’ expense according to reasonable County Specifications and to standards as specified by the County Engineer, all as provided by Ordinance. Other improvements are provided at the proprietors’ expense according to State Ordinances.

That the Plat of the aforementioned Subdivision and accompanying documents are hereby approved and accepted, and 249^th Street, 247^th Street and 211^th Avenue shall be accepted for county maintenance upon completion and acceptance by the County Engineer in writing. The other improvements are not accepted for county maintenance. The Chairman of the Board and the County Auditor are directed to certify this resolution for attaching to the Plat to be made of record in the office of the County Recorder as required by law.

ATTEST:

/s/ Lucille Hunt /s/ John E. Whipple, Chairman
Fremont County Auditor

Approved as to Form: /s/ Vicki R. Danley, County Attorney

/s/ Daniel R. Davis, County Engineer

CERTIFICATE OF RESOLUTION

The undersigned Chairman of County Board of Supervisors, and Fremont County Auditor, respectively, of Fremont County, Iowa, do hereby certify that the plat of Sapp Bros. Travel Center, Lots 7 thru 16 inclusive, a subdivision of a part of the SW1/4, Section 21, Township 68 North, Range 43 West of the 5^th P.M., Fremont County, Iowa was submitted to the Board of Supervisors of said County, at a regular meeting of said Board, held on 20^th day of November, 2001, and that the above and foregoing instrument is a true and correct copy of the Resolution passed and adopted at said meeting which is now recorded in the minutes of the said meeting. Said Resolution was introduced and offered by Board Member Aistrope, who moved its adoption, that it was seconded by Hickey, and that on roll call the following Board Members voted.

/s/ John E. Whipple, Chairman Aye
/s/ David Aistrope Aye
/s/ Keith Hickey Aye

Whereupon the Chairman declared the Resolution and accompanying documents of Sapp Bros. Travel Center carried, approved and accepted.

ATTEST:

/s/ Lucille Hunt /s/ John E. Whipple, Chairman

Fremont County Auditor

At 10:30 a.m. County Attorney Vicki Danley met with the Fremont County Board of Supervisors. The Board of Supervisors requested an opinion for the conduct of elected officials when working with other elected officials and their staff. Attorney Danley read from Iowa Code 66.1, removal of officials by the court. Supervisors said they didn’t want anyone removed but they have had complaints of bad behavior in offices and between offices. Danley said as government we all have to listen to some things to exercise our freedom of speech, but a certain amount of complaining and disagreeing should be done in a professional manner but any bodily harm would be prosecuted. Danley said she wouldn’t file assault charges as quickly as if you are at home. Harrassment and stalking can be prosecuted. Obscene language, fighting words, can be prosecuted. Whipple asked if it would be appropriate to draw up some guidelines for appropriate behavior. Whipple said they don’t mind coming in to discuss but you don’t have to cuss and yell. Whipple said elected officials should be held at a higher standard of professionalism. Aistrope said that if you have a complaint you need to go to the official or supervisor. Danley said she would like a list and so far it is swearing, raising your voice, shaking fist, and not following the chain of command. The Supervisors said they would like to see a code of conduct in the Courthouse, Sheriff’s Department, County Attorney’s Office, etc. Danley said the Secondary Road Department has a Code of Conduct. County Attorney Danley said she would work on this and she will meet with the Supervisors in December.

At 11:00 a.m. Becky Schaeffer, Patty Lundgren and Hospital Administrator Paula Pickens met with the Board in regards to Southwest Iowa Home Health. Becky Schaeffer has submitted her resignation and Patty Lundgren said Tracey Vanatta will be the new Director of Southwest Iowa Home Health. The Board of Supervisors asked why the hospital didn’t consult with the Board in the restructuring of home health as the grant money comes through Fremont County. Pickens stated the accounting and control was not where it was supposed to be and they did not have to consult with the Board of Supervisors. Hickey said that the Fremont County Board of Supervisors contracts with Grape Community Hospital, Southwest Iowa Home Health Services, to provide activities under this contract. An agreement between the Board of Supervisors and the hospital/home care service is completed for the provision of activities in which the Board of Supervisors (contractor) and Board of Health agree to meet the needs of Fremont County. The Hospital/Southwest Iowa Home Health completes approved activities, submits the claims to the Iowa Department of Public Health and receives payment from the Board of Supervisors for activities completed (up to contract allocations). The Board of Supervisors and the Board of Health provide oversight of contract covered services. Activities may be modified throughout the fiscal year with the approval of the Board of Supervisors and the Board of Health. The Supervisors asked that it only be common courtesy to meet with the county since the county handles the grant and also provides a county grant. Pickens said home health is losing money and was short $36,000. Hickey asked if the hospital benefited by having services and if it is hurting the hospital maybe the county should think about taking it back as county. The budget for Southwest Iowa Home Health was discussed and Lundgren asked for patience. Lundgren asked if the Advisory Board met quarterly and if the administration could be a part of the Advisory Board. The Board of Supervisors said that would be a good thing and everyone needs to communicate.

The following claims were approved.

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

ATTEST:

Fremont County Auditor John E. Whipple, Chairman

November 27, 2001:

The Fremont County Board of Supervisors did not meet on Tuesday, November 27, 2001, as Aistrope and Hickey attended a legislative meeting in Malvern and Whipple attended a 4^th Judicial meeting in Council Bluffs. Whipple and Aistrope stopped by the Courthouse on the way to their respective meeting locations and since both Whipple and Aistrope were together, they opened a short meeting to approve the payroll for November 30, 2001.

November 29, 2001:

The Fremont County Board of Supervisors met in regular session on Thursday, November 29, 2001, in the Fremont County Courthouse, Boardroom, with Whipple, Aistrope and Hickey present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Hickey moved to approve the agenda as posted; vote carried unanimously. Supervisor Hickey moved to approve the minutes of the previous Board session; vote carried unanimously.

The Auditor reported that Attorney David Graeser received the Mortgagees Consent to Plat for Sapp Brothers plat on Monday, November 26, 2001. Mr. Graeser then picked up the plats and resolution to be recorded in the Recorder’s Office.

At 9:00 a.m. a public hearing to assign a tax sale certificate in Bartlett to Pat and Steve White in Tabor was held. County Treasurer Christine M. Sheldon said the taxes were paid and Fremont County no longer holds the tax sale certificate. A letter was written by the Auditor, enclosing the check received by Pat and Steve White, and explained that the taxes were brought up to date so an assignment cannot be made.

At 9:30 a.m. Fremont County Clerk Marsha Smith met with the Board in regards to restructuring and redistricting the court system. Present was Christine Sheldon. The Board read the release by the Judicial Commission stating that the Supreme Court Chief Justice had asked a council to come up with a plan to save money as they cannot afford to keep 99 county clerk's offices open. The Board would like to see what the savings are as the County provides the office space and all of the utilities for the office and courts with the exception of their telephone bill, computer expense and salaries. Fremont County generates more revenue in court services than most other small counties. The Board believes that if six counties were to consolidate into one office, a host county could not support the large staff it would take to complete the work for six counties and the State would end up building a structure to support just court services in each new district. Sheldon said that David M. Griffith needs to do a good independent cost study to back up any sort of savings. The people in the community need to know what is happening and how our rural areas are being destroyed economically. They have a chance to respond to our legislators and the Supreme Court Justice Commission. The Supervisors said the clerk’s offices used to be operated by the County and the revenue was more than enough to keep them open. The Board of Supervisors feel that if the State cannot keep them open, just give the operation of the clerk’s offices back to the counties along with the revenue generated by the operation of the clerk’s offices and they could continue to operate in each county. State Senator Hubert Houser and Representative Ger ald Jones will meet with the Fremont County Board of Supervisors on Thursday, December 13.

At 10:00 a.m. Bill Sapp met with the Board in regards to the Tax Increment Rebate in the Urban Renewal Area for I-29/Hwy 2 S.I.D.L.L.C. and Moyer Development L.L.C. Motion was made by Aistrope to approve the following resolution. Motion was seconded by Hickey and carried unanimously.

RESOLUTION: Approving Development Agreement with I-29/Hwy 2 S.I.D.L.L.C.; S.D.B., L.L.C.; and Moyer Development, L.L.C.; Authorizing Tax Increment Rebates and pledging certain tax increment revenues to the payment of the Agreement

WHEREAS, Fremont County, Iowa (the "County"), pursuant to and in strict compliance with all laws applicable to the County, and in particular the provisions of Chapter 403 of the Code of Iowa, has adopted an Urban Renewal Plan for the I-29 Agri-Business Park Urban Renewal Area (the "Urban Renewal Area"); and

WHEREAS, this Board has adopted an ordinance providing for the division of taxes levied on taxable property in the Urban Renewal Area pursuant to Section 403.19 of the Code of Iowa and establishing the fund referred to in Subsection 2 of Section 403.19 of the Code of Iowa (the "Urban Renewal Tax Revenue Fund"), which fund and the portion of taxes referred to in that subsection may be irrevocably pledged by the County for the payment of the principal and interest on indebtedness incurred under the authority of Section 403.9 of the Code of Iowa to finance or refinance in whole or in part projects in the Urban Renewal Area; and

WHEREAS, an agreement between the County, I-29/Hwy 2 S.I.D.L.L.C.; S.D.B., L.L.C.; and Moyer Development, L.L.C. (collectively, the "Developers") has been prepared (the "Agreement"), pursuant to which the Developers have agreed to construct certain improvements in the Urban Renewal Area (the "Development Project") under which the County would provide tax increment rebates for a period of fifteen years; and

WHEREAS, this Board of Supervisors, pursuant to Section 403.9 of the Code of Iowa, has held a public hearing on the Agreement, and has otherwise complied with statutory requirements for the approval of the Agreement; and

WHEREAS, Chapter 15A of the Code of Iowa ("Chapter 15A") declares that economic development is a public purpose for which a County may provide grants, loans, tax incentives, guarantees and other financial assistance to or for the benefit of private persons; and

WHEREAS, Chapter 15A requires that before public funds are used for grants, loans, tax incentives or other financial assistance, a Board of Supervisors must determine that a public purpose will reasonably be accomplished by the spending or use of those funds; and

WHEREAS, Chapter 15A requires that in determining whether funds should be spent, a Board of Supervisors must consider any or all of a series of factors;

NOW, THEREFORE, It Is Resolved by the Board of Supervisors of Fremont County, Iowa, as follows:

Section 1. Pursuant to the factors listed in Chapter 15A, the Board hereby finds that:

(a) The Development Project will add diversity and generate new opportunities for the Fremont County and Iowa economies;

(b) The Development Project will generate public grants and benefits, particularly in the creation of new jobs, which are warranted in comparison to the amount of the proposed property tax incentives.

Section 2. The Board further finds that a public purpose will reasonably be accomplished by entering into the Agreement and providing the property tax rebates to the Developers.

Section 3. The Agreement is hereby approved and the Chairperson and County Auditor are hereby authorized and directed to execute and deliver the Agreement on behalf of the County, in substantially the form and content in which the Agreement has been presented to this Board of Supervisors, and such officers are also authorized to make such changes, modifications, additions or deletions as they, with the advice of bond counsel, may believe to be necessary, and to take such actions as may be necessary to carry out the provisions of the Agreement.

Section 4. As provided and required by Chapter 403 of the Code of Iowa, the County’s obligations under the Agreement shall be payable solely from a subfund which is hereby established, into which shall be paid that portion of the income and proceeds of the Urban Renewal Tax Revenue Fund attributable to property taxes derived from the property described as follows;

The I-29/Hwy 2 S.I.D.L.L.C. Project is on property legally described as:

Parcel # Legal Description S T R Acres

030030007010000     Parcel A SE SE                                         20 68 43                 5.25
030030022030000     LOT 3 Sapp Bros Travel Center                    21 68 43                 2.03
030030006000000     NE SE                                                       20 68 43               37.50
030030007000000     SE SE Exc Pt Hwy & Exc Parcels A & B     20 68 43               28.21
030030022000000     Parcel A SW Exc Lots 1-6 of Sapp Bros       21 68 43               56.18
                                   Travel Center
030030022010000     Lot 1 Sapp Bros Travel Center                      21 68 43                 6.99
030030022020000     Lot 2 Sapp Bros Travel Center                      21 68 43                 2.03
030030022040000     Lot 4 Sapp Bros Travel Center                      21 68 43                 1.00
030030022050000     Lot 5 Sapp Bros Travel Center                      21 68 43                 1.62
030030022060000     Lot 6 Sapp Bros Travel Center                      21 68 43                 1.94

Section 5. The County hereby pledges to the payment of the Agreement the I-29/Hwy 2 TIF Subfund and the taxes referred to in Subsection 2 of Section 403.19 of the Code of Iowa to be paid into such Subfund.

Section 6. After its adoption, a copy of this resolution shall be filed in the office of the County Auditor of Fremont County to evidence the continuing pledging of the I-29/Hwy 2 TIF Subfund and the portion of taxes to be paid into such Subfund and, pursuant to the direction of Section 403.19 of the Code of Iowa, the Auditor shall allocate the taxes in accordance therewith and in accordance with the tax allocation ordinance referred to in the preamble hereof.

Section 7. All resolutions or parts thereof in conflict herewith are hereby repealed.

Passed and approved this 29^th day of November, 2001.

ATTEST:

Fremont County Auditor John E. Whipple, Chairman

October 2001 Home December 2001