Board of Supervisors Minutes

November  2003

November 4, 2003:

The Fremont County Board of Supervisors met in regular session on Tuesday, November 4, 2003, in the Fremont County Courthouse, Boardroom, with Hickey, Aistrope 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 discussed the problem of Tax Sale Certificates that were assigned to Fremont County.

The Board will publish a notice for assignment of tax sale certificates to the appropriate taxpayers who have worked with the Supervisors. Fremont County will then follow the appropriate procedure to obtain tax deeds on the remaining properties where the tax sale certificates were assigned to Fremont County.

At 10:30 a.m. Toni Thompson from Blue Cross and Blue Shield met with the Board in regards to policies that will be available through the ISAC group. Health insurance options will change July 1, 2004. The current health insurance option will no longer be available to Fremont County through ISAC. Ms. Thompson said she will meet with the employees to explain the difference in health coverage and drug coverage.

In other business, the following claims were approved.

There being no further business, the meeting was adjourned.

ATTEST:

Fremont County Auditor                                                                                    Keith Hickey, Chairman

November 6, 2003:

The Fremont County Board of Supervisors met in regular session on Thursday, November 6, 2003, in the Fremont County Courthouse, Boardroom, with Hickey, Aistrope 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. County Engineer Dan Davis met with the Board.

RESOLUTION FOR ROAD VACATION PUBLIC HEARING

Resolution No. 2003-79

WHEREAS, A request has been filed with the County Engineer asking that action be taken to vacate and clear the record of an alley in Anderson, Fremont County, Iowa, described as follows:

The North-South alley bisecting Block 2 in the unincorporated town of Anderson, Iowa, bounded on the north by the South line of River Street (a.k.a. 170th Street) and on the South by the North line of Indiana Street (a.k.a. 171st Street). The intention of this alley closure is to vacate the entire segment of alley as now established.

NOW, THEREFORE BE IT RESOLVED that a hearing on the proposed vacation will be held in the Board Room, Fremont County Courthouse, Sidney, Iowa 51652, at 10:00 A.M. on November 25, 2003 in accordance with Iowa Code Chapter 306.

Motion made by Aistrope and seconded by Larson.

Approved this 6th day of November, 2003.

ATTEST:

/s/ Lucille Hunt                                                                             /s/ Keith Hickey, Chairman      aye
Fremont County Auditor                                                             /s/ David Aistrope                     aye
                                                                                                      /s/ Chuck Larson                        aye

At 9:30 a.m. the following resolution was approved.

RESOLUTION NO. 2003-80

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 Number 420420084000000 - LTS 359-360 EXC N 2' of LT 359 & EXC 1/2 of BRK WALL ON S SD LT 360, in the original town of Farragut, Fremont County, Iowa, according to the recorded plat thereof, Parcel Number 430430712000000 - LT 8 PHELPS ADD, Block 8, in the original town of Hamburg, Fremont County, Iowa, according to the recorded plat thereof,

Parcel Number 430430133000000 - S 1/2 LT 1, Block 20, in the original town of Hamburg, Fremont County, Iowa, according to the recorded plat thereof,

WHEREAS, the Fremont County Board of Supervisors proposes to assign the certificates of purchases at tax sale to the respective city and interested parties:

1. Parcel Number 420420084000000 - LTS 359-360 EXC N 2' of LT 359 & EXC 1/2 of BRK WALL ON S SD LT 360, in the original town of Farragut, Fremont County, Iowa, according to the recorded plat thereof, to the City of Farragut, Iowa, with the City to fulfill the required legal papers to get title in the name of the City of Farragut

2. Parcel Number 430430712000000 - LT 8 PHELPS ADD, Block 8, in the original town of Hamburg, Fremont County, Iowa, according to the recorded plat thereof, to Jerry Brinegar for the amount of $10.00 and return it to the tax rolls after publication of notice,

3. Parcel Number 430430133000000 - S 1/2 LT 1, Block 20, in the original town of Hamburg, Fremont County, Iowa, according to the recorded plat thereof, to Murl and Shirley Dovel for the amount of $2440.00 plus penalty for November, with the assurance that the Dovels will place the property in their name and return it to the tax rolls after publication of notice.

THEREFORE, be it resolved that a public hearing on the foregoing proposal shall be held at 9:00 a.m. on the 25th day of November, 2003, 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 Hamburg Reporter once, at least four days but not more than twenty days before the date of the public hearing.

Motion to approve made by Larson.

Adopted this 6th day of November, 2003.

ATTEST:

/s/ Lucille Hunt                                                                             /s/ Keith Hickey, Chairman      aye
Fremont County Auditor                                                             /s/ David Aistrope                     aye
                                                                                                      /s/ Chuck Larson                        aye

In other business, the Recorder's Monthly Report of Fees Collected was approved.

There being no further business, the meeting was adjourned.

ATTEST:

Fremont County Auditor                                                                                     Keith Hickey, Chairman
    
November 10, 2003:

On Monday, November 10, 2003, Keith Hickey stopped in to do research on a county problem. David Aistrope stopped in about 9:30 a.m. to work for awhile as the office will be closed on Tuesday. No business was conducted.

November 12, 2003:

The Fremont County Board of Supervisors met in regular session on Wednesday, November 12, 2003, in the Fremont County Courthouse, Boardroom, with Hickey, Aistrope 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 canvass of votes for the November 4, 2003 City Election was held. Motion was made by Aistrope to declare the following elected. Larson, aye; Aistrope, aye; Hickey, aye. Elected were: Farragut - John P. Burkhiser, Lonnie C. Koch for City Council and C. Neil Lashier for City Council to fill a vacancy. Hamburg - Terry Holliman, Mayor; Chuck Behr, City Council Ward I; Gary Holland, City Council Ward III; Scott M. Sumpter, City Council at Large. Imogene - Paul E. Gray, Mayor; Dorothy Colwell, Jennifer Gray, Sandy Sexton, City Council. Randolph - Vance Trively, Mayor; David Earlywine, Fred C. Fichter, Manford Foster, Charlotte C. Wilson, Donald Wolfe, City Council. Riverton - David Detrick, Mayor; Brent Hopkins, Michael Lundy, Douglas A. Phillips, Kirk Jennings, Mark Eischeid, City Council. Sidney - Doug Hobbie,Mayor; Jill Travis, Tom Johnson, City Council. Tabor - Dave Roberts, Mayor; Denise Hammer, Ross Silcock, City Council; Dolores J. Moles, City Council to fill a vacancy. Thurman - Rodney E. Umphreys Sr., Mayor; Larry R. Hill, Jim Keightley, Jeff Porter, Carolyn Travis, Glen E. Travis, City Council.

At 9:30 a.m. the Board held a discussion on credit card use and documentation by users. Larson requested that all documentation on previous claims be forwarded to the Board of Supervisors to be attached to the claims.

In other business, the Sheriff's Monthly Report of Fees Collected and payroll for Friday, November 14, 2003 were approved.

There being no further business, the meeting was adjourned.

ATTEST:

Fremont County Auditor                                                                                         Keith Hickey, Chairman

November 13, 2003:

The Fremont County Board of Supervisors met in regular session on Thursday, November 13, 2003, in the Fremont County Courthouse, Boardroom, with Hickey, Aistrope and Larson present. A quorum was declared and the meeting officially called to order at 8:30 a.m. Minutes of the previous Board session were read and approved. The agenda was approved as posted.

At 8:30 a.m. a department head meeting was held. Present were the Board, Karen Berry, Arnold Emberton, Judy Crain, Margaret Henkle, Janeth Winkler, Art Claiborne, Sandie Sillers, Dan Davis, Tracy Vanatta, Ryan Funke, Steve Whitehead and June Hardy. Arnold Emberton passed out copies of a fire procedure that he had put together for the Courthouse. He asked the department heads to review the procedure and stated that it could be discussed at the next meeting. Supervisor Larson stated that when he attended the training session for new board members he was told that the Supervisors should approve the hiring of part-time people. He stated that this is something that this Board does not do and they sometimes do not know anything about the part-time people being hired until a claim comes through for them to be paid. Art Claiborne stated that he had recently attended a school of instruction and gave statistics on expenditures and services to veterans in Fremont County. He also thanked the Board for having the foresight to hire Arnold Emberton as our IT person. He stated that it was a much needed position and that Arnold does a great job keeping the computer equipment running. The other department heads agreed. Sandie Sillers mentioned that the county mental health cars are being parked in the Courthouse parking lot at the request of the Board. Supervisor Aistrope reminded everyone to continue watching their budgets. Tracy Vanatta from Home Health Services gave a public health update. She reported that they have administered over a thousand flu shots and forty pneumonia shots. She said that the State is pushing immunization for children and that the Board of Health is working on a county public health disaster plan. Karen Berry asked if it was necessary to have a department head meeting every month. It was the consensus of the group to continue the monthly meetings. The next meeting will be held on Thursday, December 11, at 8:30 a.m. in the Boardroom.

Mary Morse was unable to attend the 9:00 o'clock meeting. She will be put on the agenda for 9:00 a.m. Tuesday, November 18.

Sandie Sillers said it was not necessary for her to meet with the Board at 9:15 regarding HIPAA billing as it has been taken care of.

At 9:45 a.m. Dan Davis met with the Board. Motion was made by Aistrope to authorize Chairman Hickey to sign the Weed Commissioner's Report. Larson, aye; Aistrope, aye; Hickey, aye. Dan informed the Board that the first payment to Andersen Construction on the new shop/office would be in the amount of 61,043.83.

At 10:15 a.m. the following resolution was approved.

RESOLUTION NO. 2003-81

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 13th day of November, 2003, that the following transfer of funds be approved and made: $441.78 from the TIF Rebate Fund, to the LMI Assistance Fund, as stated in the Waubonsie Ridge Agreement.

Motion to approve transfer made by Aistrope.

ATTEST:

/s/ Lucille Hunt                                                                             /s/ Keith Hickey, Chairman      aye
Fremont County Auditor                                                             /s/ David Aistrope                     aye
June Hardy, Asst Auditor                                                            /s/ Chuck Larson                       aye
                                        
There being no further business, the meeting was adjourned.

ATTEST:

Fremont County Auditor                                                                                 Keith Hickey, Chairman

November 18, 2003:

The Fremont County Board of Supervisors met in regular session on Tuesday, November 18, 2003, in the Fremont County Courthouse, Boardroom, with Hickey, Aistrope 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. Mary Morse and Sandie Sillers met with the Board and discussed the CMI/MR situation at Country Acres Care. Sandie stated that they might need to move some MR's to other places and that they would be meeting with the tech advisor for HCBS. Supervisor Aistrope mentioned the possibility that Country Acres Care and the farm might need to be sold.

Claims for November 21, 2003 were approved.

There being no further business, the meeting was adjourned. The Board members left to attend ISAC Fall School in Des Moines.

ATTEST:

Fremont County Auditor Keith Hickey, Chairman

November 20, 2003:

No Regular Board Meeting. ISAC Fall School Des Moines, Ia

November 25, 2003:

The Fremont County Board of Supervisors met in regular session on Tuesday, November 25, 2003, in the Fremont County Courthouse, Boardroom, with Hickey, Aistrope 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 public hearing, as published, to assign the Certificates of Purchases at Tax Sale now held by Fremont County was held. The Board and Auditor Hunt were the only persons present. There were no oral or written objections. Motion was made by Aistrope to approve Resolutions 2003-82 and 2003-83. Larson, aye; Aistrope, aye; Hickey, aye.

RESOLUTION NO. 2003-82 - RESOLUTION APPROVING THE ASSIGNMENT OF CERTIFICATE OF PURCHASE AT TAX SALE TO THE FOLLOWING:

WHEREAS, the City of Farragut, Fremont County, Iowa, and interested parties are desirous of obtaining certificates of tax sale purchases for the following:

1. Parcel Number 420420084000000 - LTS 359-360 EXC N 2' of LT 359 & EXC 1/2 of BRK WALL ON S SD LT 360, in the original town of Farragut, Fremont County, Iowa, according to the recorded plat thereof, to the City of Farragut, Iowa, with the City to fulfill the required legal papers to get title in the name of the City of Farragut,

2. Parcel Number 430430712000000 - LT 8 PHELPS ADD, Block 8, in the original town of Hamburg, Fremont County, Iowa, according to the recorded plat thereof, to Jerry Brinegar for the amount of $10.00 and return it to the tax rolls after publication of notice. 

3. Parcel Number 430430133000000 - S 1/2 LT 1, Block 20, in the original town of Hamburg, Fremont County, Iowa, according to the recorded plat thereof, to Murl and Shirley Dovel for the amount of $2440.00 plus penalty for November, with the assurance that the Dovels will place the property in their name and return it to the tax rolls after publication of notice.

WHEREAS, Fremont County is desirous of avoiding the expense of tax redemption procedure and abatement of nuisance on said properties, and

WHEREAS, a public hearing on this proposal was held on the 25th day of November, 2003, and,

WHEREAS, the transfer of said certificates of tax purchases to the respective city and above interested parties is in the better interest of the County and is in the better interest of the city and above interested parties to enable them to abate the nuisance and 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.

IT IS SO RESOLVED, this 25th day of November, 2003.

ATTEST:

/s/ Lucille Hunt                                                                             /s/ Keith Hickey, Chairman      aye
Fremont County Auditor                                                             /s/ David Aistrope                     aye
                                                                                                      /s/ Chuck Larson                        aye

RESOLUTION NO. 2003-83 - ASSIGNMENT OF CERTIFICATE OF TAX SALE PURCHASE

Fremont County does hereby transfer the certificates of tax sale purchases regarding the described real estate as follows:

1. Parcel Number 420420084000000 - LTS 359-360 EXC N 2' of LT 359 & EXC 1/2 of BRK WALL ON S SD LT 360, in the original town of Farragut, Fremont County, Iowa, according to the recorded plat thereof, to the City of Farragut, Iowa, with the City to fulfill the required legal papers to get title in the name of the City of Farragut,

2. Parcel Number 430430712000000 - LT 8 PHELPS ADD, Block 8, in the original town of Hamburg, Fremont County, Iowa, according to the recorded plat thereof, to Jerry Brinegar for the amount of $10.00 and return it to the tax rolls after publication of notice, 3. Parcel Number 430430133000000 - S 1/2 LT 1, Block 20, in the original town of Hamburg, Fremont County, Iowa, according to the recorded plat thereof, to Murl and Shirley Dovel for the amount of $2440.00 plus penalty for November, with the assurance that the Dovels will place the property in their name and return it to the tax rolls after publication of notice.

The county shall endorse the tax sale certificate as necessary to complete this assignment.

Dated this 25th day of November, 2003.

ATTEST:

/s/ Lucille Hunt                                                                                /s/ Keith Hickey, Chairman
Fremont County Auditor

STATE OF IOWA, FREMONT COUNTY SS:

On this 25th day of November, 2003, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Keith Hickey, 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/ Betty Jo Whitehead

Notary Public in and for the State of Iowa

At 9:30 a.m. Doug Hobbie and Randy Roup met with the Board to ask permission to place a Christmas tree on the Courthouse lawn. There was no objection by the Board.

At 9:45 a.m. County Engineer Dan Davis met with the Board. Motion was made by Aistrope to authorize Chairman Hickey to sign a Statement of No Underground Facilities as defined in Iowa Code section 480.1(10). Larson, aye; Aistrope, aye; Hickey, aye.

At 10:00 a.m. the public hearing, as published, for Alley Vacation in the Unincorporated town of Anderson was held. Present were David Ward, Cecil Ward, Steve Wichman, County Engineer Dan Davis and Auditor Lucille Hunt. Chairman Hickey opened the hearing. Cecil Ward and David Ward do not want the alley closed as they said they use the alley. Wichman stated they didn't use it until he wanted to close the alley. Wichman asked the Board to close the alley. Wichman said the alley was moved. The Board and the Engineer said the alley was platted years ago and could never be moved. Hickey said alleys and streets were made to be used and this procedure of having a public hearing is to find out if anyone objects to closing the alley. Wickman said his sand point well is very close to the alley and an abandoned septic tank is in the alley. Davis said when you buy a house you need disclosures before you buy. Wichman said he could not get an abstract. Hickey said there is a possibility if Anderson was never incorporated and if Fremont County closes the alley, it could be the property of Fremont County until it is sold by bid. We would need guidance from the County Attorney. Wickman said he believed the property owners own the alley. The Board and the Engineer explained how the County owns the roads, streets and alleys. Aistrope moved to continue the hearing until 10:00 a.m. on December 9, 2003, in the Boardroom. Larson, aye; Aistrope, aye; Hickey, aye.

At 10:30 a.m. motion was made by Aistrope to authorize Chairman Hickey to sign the Tax Increment Rebate Certificates for Lyons Project 1, I-29/Hwy 2 S.I.D. L.L.C. Project 2 and Waubonsie Ridge Project for 2004/2005 taxes. Larson, aye; Aistrope, aye; Hickey, aye.

At 11:00 a.m. the Board discussed the resolution and the lease for office space for the County Attorney. Hickey said the room on the third floor of the Courthouse will no longer be available for use by the County Attorney as the lease does not include that room. The previous law library and other rooms available for use by the Court are also available for use by the County Attorney when needed during court. Motion was made by Aistrope, seconded by Larson to approve the lease of office space for the County Attorney. Larson, aye; Aistrope, aye; Hickey, aye.

RESOLUTION OF THE FREMONT COUNTY BOARD OF REVIEW

RESOLUTION NO. 2003-84

BE IT HEREBY RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREMONT, IOWA that the Board of Supervisors of the County of Fremont, Iowa, hereby make the following Resolution:

WHEREAS, Iowa Code 331.322 states that the Board shall provide offices for the County Attorney, and the Board may meet this requirement by leasing office space for said purpose.

Therefore, be it resolved that by the Fremont County Board of Supervisors this 25th day of November, 2003, the Board shall enter into the Lease attached hereto as Exhibit "A", incorporated herein by this reference, and shall furnish the required office space for the Fremont County Attorney pursuant to the terms of this Lease.

Motion made by Aistrope, seconded by Larson, passing unanimously this 25th day of November, 2003.

ATTEST:

/s/ Lucille Hunt                                                                             /s/ Keith Hickey, Chairman      aye
Fremont County Auditor                                                             /s/ David Aistrope                     aye
                                                                                                      /s/ Chuck Larson                        aye

In other business, payroll for Friday, November 27, 2003 was approved.

There being no further business, the meeting was adjourned.

ATTEST:

Fremont County Auditor                                         Keith Hickey, Chairman

November 27, 2003:

Courthouse Closed Thanksgiving Day Holiday

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