Board of Supervisors Minutes
November 2016

November 1, 2016:

The Fremont County Board of Supervisors met in regular session on Tuesday, November 1, 2016, in the Fremont County Courthouse Boardroom, Hendrickson and Hickey 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. 

Let the records show Cara Morgan was not present for this meeting.   

Present for this meeting was, Sandra Parmenter with The Hamburg Reporter.   

Jen Foltz, 4th Judicial District Department of Correctional Services, met with the board requesting a minimum donation of $450.00 from Fremont County for an event they are sponsoring for their 10th Annual National Crime Victims’ Rights Week Gala at Mid-America Center, Council Bluffs on April 11, 2017.  Also present were Jill McAleer, Patricia Lantz, Dan Davis and Jeff Shirley.  Hickey made a motion to pay the $450.00 donation for the event. Motion carried unanimously. 

Judy Crain, Treasurer, spoke her concerns with the board regarding the raising debt of Mule Slough/West Benton Drainage District.  She feels they should come in and talk about it because the county cannot continue as they are now, and feels they need to be getting approval before they expect claims to be paid.  Hendrickson felt the board should hold off paying for anything else until they come in.  Hickey said he would have the County Attorney send a letter to that affect.  Motion carried unanimously. 

Motion was made by Hickey to not approve the current drainage claims that have been presented.  Motion carried unanimously. 

Dan Davis, Engineer met with the board requesting approval to replace a 2016 demolished Freightliner.  Jeff Shirley, Purchasing Agent for the Engineer, took bids on a Freightliner, Kenworth and Peterbilt to replace the Freightliner.  The Engineer’s recommendation is to purchase either the Kenworth or Peterbilt saying the prices are fairly close.  Hendrickson made a motion to take the engineer’s recommendation and approved the purchase of the 348 Peterbilt.  Motion carried unanimously. 

Davis is also requesting approval of an Application for Work in ROW Permits for Windstream Iowa Communications to place Telephone Cable Across 190th St., NE from Percival South of 177th St. and Application for Work in ROW permits for Windstream Iowa Communications to place Telephone Cable Across 190th St, NE from Percival North of 177th St.  Motion was made by Hickey to approve both requests.  Motion carried unanimously. 

The board discussed the vacated County Attorney position, after interviewing two candidates for the position Hendrickson said he was impressed with Brenna Bird, saying Cory Becker, former County Attorney, endorses her.  Hendrickson said in his opinion that is who they should go with, and Hickey agreed, saying it will have to be a part-time position for right now at the current part-time salary.  She will finish out Becker’s term and will need to run in two years if she so desires.  Also present were Jen Foltz, Jill McAleer, Patricia Lantz and Kevin Aistrope.  Hickey made a motion to appoint Breanna Bird to fill the vacated position of County Attorney.  Motion carried unanimously. 

Let the records show Naeda Elliot, Mills County Attorney and Tyler Loontjer did not attend this meeting.     

Kevin Aistrope, Sheriff, met with the board seeking approval to sell a drug dog and purchase an upgraded dog.  Aistrope said he had one dog that was drugs only, but would like one that is tracking, apprehension, handler protection and drugs.  Aistrope is not asking for money out of his budget for the upgraded dog.  Shenandoah is interested in buying the current drug dog, and agreed on thirty-five hundred.  Aistrope said the money will come out of the drug fund so he is not using taxpayer’s money to upgrade.   Hickey made a motion to approve the sheriff’s request in upgrading the dog.  Motion carried unanimously. 

At 9:45 a.m. there being no further business, Hickey made a motion to adjourn.  Motion carried unanimously.

Fremont County Auditor                                                                                 Cara Morgan, Chairman

November 8, 2016:

The Fremont County Board of Supervisors met in regular session on Tuesday, November 8, 2016, in the Fremont County Courthouse Boardroom, with Morgan, Hendrickson and Hickey 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. 

Judy Crain, Treasurer, met with the board to present the following Resolutions 2016-49 and 2016-50 for approval.  Motion was made by Hendrickson to approve the resolutions. 

RESOLUTION NO.  2016-49

RESOLUTION ABATING TAXES ON PROPERTY LOCATED IN THE TOWN OF THURMAN

WHEREAS, a mobile home that was located at 707 Water St., Thurman, IA Parcel Number 240240122020000 in the Town of Thurman has been moved and the taxes of $16.00 are now deemed uncollectable and should be abated. 

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. 

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

Motion made by Hendrickson to approve resolution.

Dated this 8th day of November, 2016.
 

ATTEST:

       

       

/s/Joan Kirk

   

/s/ Cara Morgan, Chairman

 aye

Fremont County Auditor

   

/s/ Earl Hendrickson

 aye

                                                                

   

/s/ Randy Hickey

 aye

RESOLUTION NO.  2016-50

RESOLUTION ABATING TAXES ON A CABLE COMPANY PREVIOUSLY LOCATED IN THE CITY OF RIVERTON

WHEREAS, a Company titled Our Cable LLC has moved out of the City of Riverton, County of Fremont and the taxes are deemed not collectable and the taxes should be abated.  The parcel number attached to the property is 460460001010000.     

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 totaling $8,724.00 are abated.

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

Motion made by Hendrickson to approve resolution.

Dated this 8th day of November 2016.
 

ATTEST:

       

       

/s/Joan Kirk

   

/s/ Cara Morgan, Chairman

 aye

Fremont County Auditor

   

/s/ Earl Hendrickson

 aye

                                                                

   

/s/ Randy Hickey

 aye

Dee Owen, Auditor's Office, requesting approval of 2016 Family Farm Tax Credit Applications.  Motion was made by Hendrickson to approve the applications as presented.  Motion carried unanimously. 

Troy Housh, Maintenance, presented the board with four bids regarding courthouse roof estimates for review.  Housh said he will bring in his recommendation and discuss options at a later meeting.  

Jim McAlexander and Stan Orton, met with the board to discuss drainage issues following some changes local landowners have made that were not approved by the state, saying that now there is water coming underground and feeding into, and overflowing their drainage ditch.  Marker said the board of supervisors is not the correct point of contact for these issues.  McAlexander said they just wanted to let the board know about the issues they are dealing with. 

Hickey made a motion to approve the four contracts from the Fremont County Libraries as presented.  Motion carried unanimously. 

An email received from Jen Foltz, Executive Officer, who appeared before the board requesting $450.00 on November 1, 2016 for the Annual National Crime Victims’ Rights Week Gala is now requesting the amount be reduced to $400.00.  Motion was made by Hickey to approve the change in amount from $450.00 to $400.00 as requested.  Motion carried unanimously.

Motion was made by Hendrickson to approve the following Resolution 2016-51.  Motion carried unanimously. 

RESOLUTION NO.  2016-51

RESOLUTION ABATING TAXES ON LAND OWNED BY CITY OF IMOGENE

WHEREAS, the City of Imogene now owns certain property in Imogene, Fremont County, Iowa, Parcel Number for the concerned property is:  440440056000000, LOCATED IN IMOGENE, FREMONT COUNTY, IOWA, according to the recorded plat thereof. 

WHEREAS, the property is now owned by the City of Imogene 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 totaling $282.00 are abated under Iowa Code Section 445.63.

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

Motion made by Hendrickson to approve resolution.

Dated this 8th day of November 2016. 
 

ATTEST:

       

       

/s/Joan Kirk

   

/s/ Cara Morgan, Chairman

 aye

Fremont County Auditor

   

/s/ Earl Hendrickson

 aye

                                                                

   

/s/ Randy Hickey

 aye

Craig Glasgow, representing Mule Slough drainage district, met with the board to discuss sizeable outstanding warrants.  The hold-up seems to be waiting on an attorney that is in the process of combining Mule Slough and West Benton which will result in a pumping district that will cover approximately 17,000 acres to include all who benefits from the pumping district.  Morgan asked if they had a time frame.  Glasgow said he did not know what the time frame would be.   Glasgow said he would talk to the attorney and find out exactly when that date is going to be.  Crain said her concern is the two districts that owe the most are going together, Glasgow said it will be a pumping district so there will be a lot more people included in it than just the people that are currently in the drainage districts.  Morgan said it is going to get to the point that the county cannot extend itself any further, and it may be a good idea to sit down with the County Engineer and County Assessor and discuss GIS, if that is what is holding things up.  

Davis, Engineer, and Robbie Kromminga, Assistant Engineer, met with the board to open bids on Project #L-3-19-3--73-36 to replace Greenwood with Drop Inlet & Pipe on 130th St. over Brush Creek.  One bid was received from Neuvirth Construction with a total of $119,780.80.  Davis said he will check the numbers and come back with his recommendation.   

Naeda Elliott, Mills County Attorney, and Tyler Loontjer, met with the board to introduce themselves, and offer any help if the need arises.     

Motion was made by Hendrickson to appointment Brenna Bird as Temporary County Attorney.  Motion carried unanimously. 

The Sheriff’s Report and Recorder’s Reports were approved for the month of October, 2016.  

In other business, claims were approved for November 10th, 2016.   

At 10:05 a.m. there being no further business, Hickey made a motion to adjourn.  Motion carried unanimously. 

Fremont County Auditor                                                                        Cara Morgan, Chairman

November 15, 2016:

The Fremont County Board of Supervisors met in regular session on Tuesday, November 15, 2016, in the Fremont County Courthouse Boardroom, with Morgan and Hickey 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. 

Let the records show Hendrickson was not present for this meeting.  

Present for this meeting was John Schlorholtz, West Benton Drainage District, and Kristan Gray, Valley News.    

There was no discussion on Drainage District Debit. 

Dan Davis, Engineer, met with the board requesting approval of the following: 

(a)
     Sign Work in ROW Permit for Chat Mobility to place new fiber optic cable from Maple    St., 1 mile west, on N. side of J-34.  Motion was made by Hickey to approve.  Motion carried unanimously.
(b)
     Sign Resolution to Accept Low Bid & Award contract on Proj. L-3-3-19-3-73-36 to accept low bid and award contract on Proj. L-3-3-19-3-73-36 to Neuvirth’s Construction, Inc.  Motion was made by Hickey to approve the following Resolution.  Motion carried unanimously.

RESOLUTION  2016-52

RESOLUTION TO ACCEPT LOW BID AND AWARD CONSTRUCTION CONTRACT

Award of Bid for Project: L-3-19-3--73-36

130 ST: 130th St over Brush Creek Section 19-41-70, Replace existing Greenwood w/RCB

BE IT RESOLVED, by the Fremont County Board of Supervisors, as follows:

Section
1: That the bid for L-3-19-3--73-36 be awarded to the low bidder, NEUVIRTH'S CONSTRUCTION, INC., BLAIR, NE for a total cost of $119,870.80
Section
2: That the chair be authorized to sign the contract documents on behalf of the Board
Section
3: That this resolution shall take effect immediately.

Motion to approve made by Hickey.

Approved this 15th day of November, 2016.

ATTEST:

       

       

/s/Joan Kirk

   

/s/ Cara Morgan, Chairman

 aye

Fremont County Auditor

   

/s/ Earl Hendrickson

 aye

                                                                

   

/s/ Randy Hickey

 aye

c)      (c)      Sign Contract for Proj #BRS-CO36(74) - - 60-36 with Mary Jane Wallahan & Katherine Hurst.  Motion was made by Hickey to approve.  Motion carried unanimously.
 (d)
      Sign Contract for Proj #BRS-CO36(74) - - 60-36 with Tom & Tracy Vanatta.  Motion was made by Hickey to approve.  Motion carried unanimously.
 (e)
     
 Davis is recommending the purchase of a new box from Pro Tech of Council Bluffs.   Motion was made by Hickey to approve the purchase.  Motion carried unanimously.
  (f)       Sign Work in ROW Permit for David Briley to clean out ditch along roadway for drainage of water on 210th St. West of 210th Ave.  Motion was made by Hickey to approve.  Motion carried unanimously. 
 (g)
      
Sign Payment Voucher with HGM Associates for Engineering Services on J-18, 10/01/2016 – 10/31/2016.  Motion was made by Hickey to approve.  Motion carried unanimously. 

The Board declared the following elected on a county level. 

County Supervisor:  Terry L. Graham; County Auditor, Dee Owen; County Sheriff; Kevin Aistrope.  

Township Trustees and Clerk: 

Benton Trustee, David B. Lueth   Fisher Trustee, John Walter
Green Trustee, Brett Smith    Locust Grove Trustee, Tandon VanScyoc
Madison Trustee, Kenneth C. Welchans   Monroe Trustee, Tony Meyer
Monroe Clerk, Peggy Smiley    Prairie Trustee, Bradley Johnson
Prairie Trustee, to fill vacancy, Joel Magel    Riverside Trustee, Write-In, Julius Schaaf
Riverton Trustee, Matthew McLaren   Scott Trustee, Robert E. Geiger
Sidney Trustee, Mark Birkby   Walnut Trustee, Gil N. Gee
Walnut Trustee, to fill vacancy, Mike Teachout    Washington Trustee, Jeff Phillips 

Elected Soil and Water Conservation Commissioners:  (3) Mark Kilpatrick, Sheryl G. Sanders and David C. Roberts.

Elected County Agricultural Extension Council:  (4) Jeffrey Johnson, Amanda Moore, Scott Lowthorp and Stacy Burge.

 At 10:00 a.m. there being no further business, Hickey made a motion to adjourn.  Motion carried unanimously.

Fremont County Auditor                                                                                Cara Morgan, Chairman

November 22, 2016:

The Fremont County Board of Supervisors met in regular session on Tuesday, November 22, 2016, in the Fremont County Courthouse Boardroom, with Morgan, Hendrickson and Hickey 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. 

Let the records show Sandra Parmenter with The Hamburg Reporter, Nina Embree and Terry Graham were present for this meeting. 

Dan Davis, Engineer, discussed a tube on Level B Road G-18 (380th Ave.).  Davis said the tube is buried and he has it on is list to dig it out and put a new one in. Planning to do this in a couple of weeks. 

Dan Davis, Engineer, met with the board requesting approval of the following: 

Sign Cover Sheet for Project # BRS-CO36(74) - - 60 -36, Bridge Replacement on J-18 over Plum Creek.  Motion was made by Hendrickson to approve.  Motion carried unanimously. 

Motion was made by Hickey to approve a Resolution to Revise Fremont County 2017 5-Year Road Program.  Motion carried unanimously. 

Motion was made by Hendrickson to Sign Work in ROW Permit for Tim Dreyer to clean road ditch for Tile Outlet to flow away from property on 390th Ave. in Section 9, Township 68, Range 40.  Motion carried unanimously. 

Motion was made by Hendrickson to approve a Special Class C Beer/Wine Permit for Retro Sundaes.  Motion carried unanimously. 

Dee Owen, Auditor’s Office, met with the board for approval of Re-instatement for Military Credit on one parcel.  Motion was made by Hendrickson to approve the Re-instatement.  Motion carried unanimously. 

Concerning distribution of the expiring resolution regarding disbursement of Hotel/Motel Tax.  Motion was made by Hendrickson to leave as is and reconsider each year in November.  Motion carried unanimously. 

The board discussed drainage district outstanding warrants of Mule Slough in the sum of  $15,107.  Hendrickson made a motion to pay the outstanding warrants at this time (except any litigation items), and no further payments until the pumping district is established.  Also present was Judy Crain.  Hickey said he would let the drainage officials know.  Motion carried unanimously. 

John McCurdy, SWIPCO, met with the board to discuss HUD Grant & SWIPCO’s Administrative Contract Fremont County, Iowa, Community Development Block Grant Program 13-NDRI-004.  McCurdy said part the county’s role in this is that the grant funds of over 1.5 will flow through the county’s budget, and part of their job will be to help manage it.  Nothing was signed at this time.  Marker said they will have the Fremont County Attorney review the contract before any decision is made. 

Nancy Henneman, Community Services, gave the board an update on the status of Case Management, saying 60% of her billing is done.  She has collected $59,000 since July 1st.  

In other business, claims were approved for November 25, 2016

At 10:00 a.m. there being no further business, Hendrickson made a motion to adjourn.  Motion carried unanimously.

Fremont County Auditor                                                                                Cara Morgan, Chairman

November 29, 2016:

The Fremont County Board of Supervisors met in regular session on Tuesday, November 29, 2016, in the Fremont County Courthouse Boardroom, with Morgan and Hendrickson 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. 

Let the records show present for this meeting was, Sandra Parmenter with The Hamburg Reporter, and Terry Graham.   

Also let the records show Hickey was not present for this meeting.    

Motion was made by Hendrickson to approve a refund request for Class C Beer/Wine Permits for Retro Sundaes & The Springs.  Motion was made by Hendrickson to approve.  Motion carried unanimously. 

Troy Housh, Courthouse Maintenance, met with the board and presented two detailed bids for courthouse roof repairs.  Roof-Tech’s bid was $80,540.00 and Worth Constructing & Roofing, L.L.C. was $45,901.00.  Housh is recommending Worth Constructing for the job.  Motion was made by Hendrickson to approve his recommendation and move forward with the Worth Constructing bid. Also present was Arnold Emberton.  Motion carried unanimously.  

Motion was made by Hendrickson to approve the following Resolution 2016-53.  Motion carried unanimously.

RESOLUTION NO. 2016-53

WHEREAS, the Pottawattamie County Attorney Matthew D. Wilber and the entirety of the Pottawattamie County Attorney’s Office was appointed acting County Attorney pursuant to Iowa Code Section 331.754 on August 30, 2016 with reasonable attorney fees as authorized by the District Court, effective 8:00 a.m. on Wednesday September 7, 2016;

WHEREAS, Brenna Bird was appointed Fremont County Attorney on November 8, 2016;

WHEREAS, in the interests of a smooth transition, a Special Prosecutor is required for a previously scheduled hearing;

BE IT RESOLVED BY THE FREMONT COUNTY BOARD OF SUPERVISORS that Pottawattamie County Attorney Matthew D. Wilber and the entirety of the Pottawattamie County Attorney’s Office is appointed Special Prosecutor pursuant to Iowa code Section 331.754 for the following case numbers: JVJV001568 and JVJV001569 with reasonable attorney fees as authorized by the District Court.

Motion to approve made by Hendrickson.
 

ATTEST:

       

       

/s/Joan Kirk

   

/s/ Cara Morgan, Chairman

 aye

Fremont County Auditor

   

/s/ Earl Hendrickson

 aye

                                                                

   

/s/ Randy Hickey

 absent

At 9:10 a.m. there being no further business, Hendrickson made a motion to adjourn.  Motion carried unanimously.

Fremont County Auditor                                                                                Cara Morgan, Chairman

October 2016     Home     December 2016