Board of Supervisors Minutes

November 2009

November 3, 2009:

The Fremont County Board of Supervisors met in regular session on Tuesday, November 3, 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. Assistant Fremont County Engineer Jim Owen met with the Board. Motion was made by Hendrickson to sign Work in ROW Permit for Atchison-Holt to install underground electrical lines across road to grain bins at 240th Ave., 36-68-43. Morgan, aye; Hendrickson, aye; Larson, aye.

At 9:15 a.m. Fremont County Attorney Margaret Johnson and Fremont County Treasurer Judy Crain met with the Board to discuss county-owned properties vs. county-held property. Also present was Randy Monroe.

At 10:00 a.m. a public hearing to assign certificate of purchase at tax sale was held. Present were Chuck Larson, Earl Hendrickson, Cara Morgan and Joan Kirk. Morgan made a motion to close the hearing and approve the following resolution. Hendrickson, aye; Morgan, aye; Larson, aye.

RESOLUTION NO. 2009-55

RESOLUTION APPROVING THE ASSIGNMENT OF CERTIFICATE OF PURCHASE AT TAX SALE TO THE FOLLOWING:

WHEREAS, Angela Pelster, 301 4th Street, Imogene, Iowa 51645, is desirous of obtaining a certificate of tax sale purchase for $164.00 for the following:

Parcel Number 440440030000000 – LOTS 11-12 & N ½ LOT 10, IMOGENE, IOWA, in the original town of Imogene, Fremont County, Iowa, according to the recorded plat thereof.

WHEREAS, Fremont County is desirous of avoiding the expense of tax redemption procedure, and

WHEREAS, a public hearing on this proposal was held on the 3rd day of November 2009, and

WHEREAS, the transfer of said certificate of tax purchase to Angela Pelster, Imogene, Iowa, 51645, is in the better interest of the County and is in the better interest of Angela Pelster, Imogene, Iowa, 51645 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 upon receipt of payment.

IT IS SO RESOLVED, this 3rd day of November 2009.

ATTEST:

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

At 10:15 a.m. motion was made by Morgan to authorize Chairman Larson to sign Quit Claim Deed to Mid-American Property Management Inc. Hendrickson, aye; Morgan, aye; Larson, aye.

At 10:20 a.m. motion was made by Morgan to abate taxes on building only, at 104 E Street, Hamburg. Hendrickson, aye; Morgan, aye; Larson, aye.

At 10:30 a.m. a conference call was held with Renee Von Bokern regarding setting a date and time for union negotiations.

At 10:45 a.m. Jan Winkler, Fremont County CPC/Community Services Director, met with the Board requesting the Chairman initial off on corrections made to the Alegent Health Contract. Alegent will send a new corrected contract in the near future. Morgan made a motion to authorize Chairman Larson to initial off the corrections suggested by Alegent Legal Council. Hendrickson, aye; Morgan, aye; Larson, aye.

In other business, payroll and claims November 6, 2009 were approved.

The County Recorder’s monthly report was approved.

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

ATTEST:

Fremont County Auditor                                                                                 Chuck Larson, Chairman

The following resolutions were approved November 3, 2009.

RESOLUTION No. 2009-56

ASSIGNMENT OF CERTIFICATE OF TAX SALE PURCHASE

Fremont County does hereby transfer the certificate of tax sale purchase regarding the described real estate to Angela Pelster, 301 4th Street, Imogene, Iowa 51645 as follows:

Parcel Number 440440030000000 – LOTS 11-12 & N ½ Lot 10, Imogene, in the original town of Imogene, Fremont County, Iowa, according to the recorded plat thereof.

The county shall endorse the tax sale certificate as necessary to complete this assignment upon receipt of payment of $164.00.

Dated this 3rd day of November, 2009.

ATTEST:

/s/ Joan Kirk                                                                                 /s/ Chuck Larson, Chairman
Fremont County Auditor

STATE OF IOWA, FREMONT COUNTY SS:

On this 3rd day of November 2009, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Chuck Larson, 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/ Christine M Briley
Notary Public in and for the State of Iowa

RESOLUTION NO. 2009-57

RESOLUTION ABATING TAXES ON COUNTY HELD TAX CERTIFICATE PROPERTY

WHEREAS, Fremont County now owns certain property in the City of Hamburg, Fremont County, Iowa, Parcel No. 430430010010000, described as:

The building only, located on the E 1/2 of Lot 12, Block 2, City of Hamburg, Fremont County, Iowa.

WHEREAS, the property is now owned by the County of Fremont 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. This includes taxes payable as long as the County of Fremont owns the property.

BE IT FURTHER resolved that the Auditor and Treasurer shall enter such change orders required to abate these taxes.

Motion made by Morgan to approve resolution.

Dated this 3rd day of November 2009.

ATTEST:

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

November 10, 2009:

At 8:30 a.m. on Tuesday, November 10, 2009, a department head meeting was held in the Fremont County Courthouse Boardroom. Present were Chuck Larson, Earl Hendrickson, Cara Morgan, Margaret Henkle, Steve Whitehead, Art Claiborne, Dan Davis, Margaret Johnson, Karen Berry, Arnold Emberton and Joan Kirk. Topics discussed were: taking credit cards for hunting licenses; courthouse fire drill; veteran claims; gas leak outside the courthouse; City of Sidney’s Street-Scape project.

The Fremont County Board of Supervisors met in regular session on Tuesday, November 10, 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. Motion was made by Hendrickson to authorize Chairman Larson to sign a Work in ROW Permit for Extreme Trenching for construction of a Qwest telephone service line at 3039 250th Ave. Morgan, aye; Hendrickson, aye; Larson, aye.

Motion was made by Morgan to authorize Chairman Larson to sign Final Progress Voucher for Project ER-CO-36(54)--58-36. Hendrickson, aye; Morgan, aye; Larson, aye.

Motion was made by Hendrickson to approve the following Resolution 2009-58. Hendrickson, aye; Morgan, aye; Larson, aye.

RESOLUTION NO. 2009-58

RESOLUTION FOR TEMPORARY ROAD CLOSURE

WHEREAS Chapter 306, Section 306.41 of the Code of Iowa, provides for the temporary closing of a highway for construction, reconstruction, maintenance, or natural disaster, and

WHEREAS the Burlington Northern, Santa Fe Railroad has removed a road crossing on Conklin (112th) Street in the unincorporated town of Bartlett.

NOW THEREFORE BE IT RESOLVED by the Fremont County Board of Supervisors that the following section of Conklin (112th) Street be closed as necessary until such time as said crossing work has been completed.

A portion of Conklin (112th) Street in the unincorporated town of Bartlett more particularly described as follows:

Commencing at the East right of way of West Front Street (Western Ave), thence easterly 125 feet to the West right of way of East Front Street (205th Avenue) and terminating.

Motion to approve made by Hendrickson.

Approved this 10th day of November 2009.

ATTEST:

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

At 9:15 a.m. Christy Briley, Assistant Auditor, met with the Board regarding need to respond to a request by Iowa Communities Assurance Pool (ICAP) and Iowa Municipalities Workers’ Compensation Association (IMWCA) requesting the county develop a Safety Investigations Committee. ICAP and IMWCA both feel the county could save a significant amount of money if the county had a committee in place. Both organizations have policies and suggestions regarding safety issues on their web sites, free of charge. Briley will correspond with department heads from the courthouse, road department, sheriff’s office, community services and conservation department, asking for a representative of each department in order to form a committee. She will report back to the Board on December 1. Also present was Steve Whitehead.

At 9:40 a.m. the Public Hearing for a Budget Amendment was held. After some discussion and with no objection, Morgan made a motion to close the hearing and adopt the amendment. Hendrickson, aye; Morgan, aye; Larson, aye. The following Resolution 2009-59 was passed.

RESOLUTION NO. 2009-59

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 3rd day November, 2009, that the following change in appropriation be made:

Increase 01000-00053-2346-63-845 by $ 60,000
Decrease 01000-03000-304-63-845 by $ 60,000

Motion to approve made by Morgan, carried unanimously.

ATTEST:

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

At 10:00 a.m. Dee Owen and Christy Briley met with the Board to discuss non-union employee benefits. Owen said she would like to see brother-in-law and sister-in-law included in the employee handbook pertaining to funeral benefits. She said the sheriff’s department and road department have in-laws included in their union contracts along with stepchildren. In her opinion, she would like to see them added to the employee handbook. Owen said she has used half of her vacation to take care of her kids when they were ill. She said Mills County sets aside five days of their sick leave to be able to take care of sick family members. Owen also said in Mills County they get five personal days added for anyone not covered by a collective bargaining unit. Owen would like for the Board to consider these options for Fremont County. Larson asked if that was paid leave? Owen said yes. Larson said a decision to update the employee handbook would go hand-in-hand with budgeting and collective bargaining, which will be coming up real soon.

At 10:10 a.m. the canvass of votes for the November 3, 2009 City Election was held. Motion was made by Morgan to declare the following elected. Hendrickson, aye; Morgan, aye; Larson, aye. Elected were: Farragut – Thomas R. Shull, Mayor; David Laumann, Jeremy McAllister, Danny Whitehill, City Council. Harold D. Dinsmore, City Council to fill a vacancy. Hamburg – Willie D. Thorp, City Council at Large Ward I; Helen Q. Watton, City Council at Large to fill a vacancy Ward I; Jimmie Randolph, City Council Ward II; Willie D. Thorp, City Council at Large, Ward II; Helen Q. Watton, City Council at Large to fill a vacancy, Ward II; Willie D. Thorp, City Council at Large, Ward III; Helen Q. Watton, City Council at Large to fill a vacancy, Ward III; Imogene – Donnie E. Oldenburg, Mayor; Dorothy M. Colwell, Angela M. Pelster, Chris Pelster, City Council. Randolph – Vance Trively, Mayor; Janice Bliss, Fred Fichter, Manford Foster, Claude Perkins, Donald Wolfe, City Council. Riverton – Dennis Phillips, Mayor; Roger Booker, Nathaniel G. Fengel, Cory Gordon, Brent Hopkins, Matt Kloberdanz, City Council. Sidney – Doug Hobbie, Mayor; William Buck Clark, Ryan Kersten, Jill Travis, City Council. Tabor – Dave Roberts, Mayor; Dolores Moles, Milton Trabal, Randy Wirth, City Council. Thurman - Carolyn I. Travis, Mayor; Teresa Achenbach, Kevin Perrin, Bill Stein, Glen E. Travis, Brian Forney (write-in) City Council. Susan Miner, City Treasurer.

At 10:25 a.m. Pam Herzberg with Corner Counties Empowerment came in to give an update. Also present were Margaret Johnson and Pat Hume. Herzberg stated the state will probably be making some changes in the stand-alone counties and combine them with other counties. Right now Fremont and Page Counties are together but Herzberg said the state is working on a lean design to reduce the empowerment areas from 58 to 38. Herzberg said they have been impacted by the 10% across the board cuts. Herzberg presented the most current community plan and the annual report to the Board for their review.

At 10:40 a.m. Pat Hume with Western Iowa Tourism met with the Board. Hume said tourism is alive and well in Iowa, so far this year they have had over 12,000 people through the Welcome Center. It is time to get ads ready for the inserts that go out to 500,000 papers. Hume said last year the Board supported them with a double ad, which was $2,200; one is $1,100. She said they would like to have their help again this year how ever they can do it. Larson said that is something they need to get on the agenda and find out if FREDCO would like to contribute.

At 10:55 a.m. Kevin Aistrope stopped to visit with the Board.

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

ATTEST:

Fremont Count Auditor                                                                                 Chuck Larson, Chairman

November 17, 2009:

The Fremont County Board of Supervisors met in regular session on Tuesday, November 17, 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 a letter he received from Boyd’s M & E, Inc. requesting approval to vacate a portion of two streets. Property location is Lot 1, 2, 3, 4, 5 and 6 in Block 1, in Percival, IA. The first portion being East Street, North of Grant Street, now 206th St., east of the railroad tracks. The second portion being North Street, approximately 150 feet, east of East Street, east of the railroad tracks. Morgan made a motion to go ahead with a Resolution for a Public Hearing regarding this issue. Hendrickson, aye; Morgan, aye; Larson, aye.

At 9:30 a.m. the Board discussed the south fire exit in the courthouse basement. Also present were Karen Berry and Steve Whitehead. Morgan said she would like to see the access stay unlocked and available when the courthouse is open. Motion was made by Hendrickson that the emergency exit stay unlocked during courthouse hours and clarify with signage to designate Emergency Exit and Normal Exit. Morgan, aye; Hendrickson, aye; Larson, aye.

At 9:50 a.m. motion was made by Hendrickson to pay for a one-page ad with Western Iowa Tourism. Morgan, aye; Hendrickson, aye; Larson, aye.

At 10:00 a.m. a public hearing was held concerning rezoning change. Present were Chuck Larson, Earl Hendrickson, Cara Morgan, Dan Davis, Carlos Valquier and Joan Kirk. Larson said he would like to see the area south changed to industrial also, in case of future development. Motion was made by Morgan to approve the Zoning Board’s recommendation and approve the following resolution and attachment. Morgan, aye; Hendrickson, aye; Larson, aye.

RESOLUTION NO. 2009-60

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 a commercial district be granted to the applicant, Carlos Valquier, 611 Birch Street, Sidney, Iowa 51652.

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, Carlos Valquier, 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 17, 2009, that the application for a zoning district change from agriculture to commercial by applicant, Carlos Valquier, be approved for the location of the property described on the attachments.

Motion made this 17th day of November 2009 by Morgan.

ATTEST:

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

Parcel A located in part of the NE ¼ NE ¼ of Section 32, Township 70 North, Range 43 West of the 5th P.M., Fremont County, Iowa, said parcel being more fully described as follows: Commencing at the Northwest Corner of said Section 32, thence S89º50’21"E along the North line of said Section 32 a distance of 3942.41 feet to the Point of Beginning; thence continuing S89º50’21"E along said North line a distance of 484.96 feet to the Westerly right-of-way line of U.S. Interstate No. 29; thence S00º47’25"W along said Westerly right-of-way line a distance of 928.80 feet; thence N89º50’21"W a distance of 452.77 feet to the centerline of a county road; thence N01º11’43"W along said centerline a distance of 929.00 feet to the Point of Beginning. Said parcel contains 10.00 acres, more or less, including presently established right-of-way (0.70 acres), and is subject to easements of record. Note: The North line of said Section 32 is assumed to bear S89º50’21"E for this description.

AND

That part of Lot 3 of the East Half of the Northeast Quarter (E ½ NE ¼) of Section 32 abutting and lying South of the above described Parcel A not already zoned Commercial

At 10:30 a.m. Jan Winkler, Fremont County CPC/Community Services Director, met with the Board to present the Strategic Plan Report. Winkler explained that it is a three-year plan and each year they see how they have followed their goals set out in the plan. Winkler went through the plan with the Board. Motion was made by Hendrickson to approve the Strategic Plan as presented. Morgan, aye; Hendrickson, aye; Larson, aye.

Payroll and claims were approved for November 20, 2009.

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

At 11:00 a.m., there being no further business, Morgan made a motion to adjourn. Hendrickson, aye; Morgan, aye; Larson, aye.

ATTEST:

Fremont County Auditor                                                                                 Chuck Larson, Chairman

November 24, 2009:

The Fremont County Board of Supervisors met in regular session on Tuesday, November 24, 2009, in the Fremont County Courthouse Boardroom with Larson, Hendrickson and Morgan present. A quorum as 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. motion was made by Morgan to approve the following resolution.

RESOLUTION NO. 2009-61

RESOLUTION FOR ROAD VACATION PUBLIC HEARING

WHEREAS, a request has been filed with the County Engineer asking that action be taken to vacate and close a section of Fremont County Secondary Road, described as follows:

A portion of East Street being forty (40) feet wide adjacent and parallel to Lots One (1) thru Lot Six (6) in Block One (1) in the un-incorporated Town of Percival located in the NW1/4 of the SE1/4 of Section 29, T69N-R43W, Fremont County, Iowa

Also:

A portion of North Street being forty (40 feet wide a.k.a. 250th Street from the East right of way line of the Burlington Northern, Santa Fe Railroad; thence East approximately 142 feet to the East line of the NW1/4 of the SE1/4 of Section 29, T69N-R43W being the East limits of the Un-incorporated Town of Percival, Fremont County, Iowa.

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 9:00 A.M. pm on December 15, 2009 in accordance with Iowa Code Chapter 306.

Motion made by Morgan.

Approved this 24th day of November, 2009.

ATTEST:

/s/ Joan Kirk                                                                                                     /s/ Chuck Larson, Chairman      aye
Fremont County Auditor                                                                                 /s/  Earl Hendrickson                  aye
By June Hardy, Asst. Auditor                                                                          /s/  Cara Morgan                         aye

At 6:45 p.m. Sheriff Kevin Aistrope met with the Board with several items for discussion. Aistrope said he would like to purchase two new vehicles to replace a couple that have 150,000 and 200,000 miles on them. He said he has money in his budget but might need to use some from another line item. The Board said he should get back on the agenda after negotiations and they can see where they’re at.

Aistrope said they have received $3000 in donations towards a new drug dog. The Board told him to continue with fund raising.

Aistrope stated that he would like to use $1500 out of room and board money to purchase a camera. Motion was made by Hendrickson to approve the use of room and board money for the camera. Morgan, aye; Hendrickson, aye; Larson, aye.

Aistrope reported that a federal grant in the amount of $1700 is available to replace vests for safety of officers. The county share would also be $1700. Motion was made by Hendrickson to replace the vests. Morgan, aye; Hendrickson, aye; Larson, aye.

Aistrope said he had deposited $4000 from the STEP program (seat belt checks) for car cameras. He said the money is spent out of the general fund and then paid back. He said starting November 1, 2009, they are again eligible for $4000

Aistrope said they are in need of a new dictaphone for the office. He said the one they have is not dependable; they can no longer get new parts and maintenance will not be available after March 1st because the machine will be ten years old. He presented quotes and said he has enough in his budget for the first year’s lease on a recording system from Racom. Motion was made by Hendrickson to go with the three-year plan with Racom Corporation. Morgan, aye; Hendrickson, aye; Larson, aye.

The following claim was approved for a handwritten warrant. Landfill GO Bond Fund: Bankers Trust Co., Interest, $22,370.00.

At 7:35 p.m., there being no further business, motion was made by Hendrickson to adjourn. Ayes:

ATTEST:

Fremont County Auditor                                                                                 Chuck Larson, Chairman

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