December 2, 2003:

The Fremont County Board of Supervisors met in regular session on Tuesday, December 2, 2003, in the Fremont County Courthouse, Boardroom, with Hickey and Aistrope 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. a discussion was held in regards to the possible sale of Country Acres Care and the farm. Present were Jean Boone, Bobbie Mather and Sharla Mather. Sandra Sillers arrived later in the meeting. Hickey said the Board is thinking about selling the property and getting the property back on the tax rolls. Discussion followed. Boone and the Mathers voiced this opinions against selling the property. Sillers said because of the guidelines coming down, the state is cutting funding for the providers and the funding will be coming from federal and county funds. She said some of the MR's may be placed in an HCBS setting where they will receive just as good care or better care and would have a home life with twenty four hour care. Sillers said that county care facilities are in the past and we need to move forward. If we didn't go this way the county could not afford to ask the taxpayers to fund what would be needed without federal dollars. Hickey said this is a discussion and the Board still doesn't know exactly what will be done.

At 10:00 a.m. County Treasurer Judy Crain met with the Board in regards to the DOT rewrite training for the employees in the Treasurer's office next budget year. Judy said it was suggested to her to close the office for two days. She doesn't like to close the office so she is thinking about working out travel expense with other counties and sending two at a time. She said she just wanted to let the Board know what is coming up in the next budget year. She said the Treasurer's Association received an award for their website to pay taxes on line. She said the next project is to issue vehicle registration renewals on line. This is projected to be available for May registration renewals.

At 10:30 a.m. Sheriff Steve MacDonald met with the Board and discussed an ordinance for law enforcement. Further discussion will be followed with the County Attorney.

In other business, the following claims were approved for Friday, December 5, 2003.

There being no further business, the meeting was adjourned.

ATTEST:

Fremont County Auditor                                         Keith Hickey, Chairman

December 4, 2003:

The Fremont County Board of Supervisors met in regular session on Thursday, December 4, 2003, in the Fremont County Courthouse, Boardroom, with Hickey and Aistrope 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. Jon Johnson was present. Davis said the Zoning Commission voted in favor of issuing a special use permit for the Riverton lagoon project. Davis recommended that since the Zoning Commission voted in favor of the project that he recommends the Board approve the special use permit.

RESOLUTION 2003-85

WHEREAS an application has been received for a Special Use Permit under the Zoning Ordinance of Fremont County, Iowa, and,

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

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

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

Dated this 4th day of December, 2003. Motion to adopt Resolution made by Aistrope.

ATTEST:

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

SPECIAL USE PERMIT

The Fremont County, Iowa, Board of Supervisors, pursuant to the provisions of the Fremont County Zoning Ordinance and Chapter 335 of the 2001 Code of Iowa, as amended, hereby authorizes the following special use: To build a waste water lagoon to service the City of Riverton

The special use shall be located on the following property:

Parcel A of the Southwest Quarter of the Southeast Quarter of Section 29, Township 68 North, Range 41 West of the 5th P.M., Fremont County, Iowa, whose exterior boundary is more fully described as follows:

Beginning at the monumented South Quarter corner of said Section 29, thence South 89° 33'51" East along the south line of said Section 653.40 feet to a rebar; thence North 02° 07'55" East 1,000.00 feet to a rebar; thence North 89° 33'51" West 653.40 feet to a point on the west line of said Southwest Quarter of the Southeast Quarter; thence South 02° 07'55" West along said west line 1,000.00 feet back to the point of beginning. Said parcel containing 15.00 acres, more or less, inclusive of 0.76 acres for County Road right-of-way. Said parcel is subject to an easement for ingress and egress over the southerly 50 feet thereof and is subject to any easements of record not reflected on this plat.

The owner of the special use property is: City of Riverton, Iowa

Date of issuance: 12-4-03
                                                                                                            /s/ Keith Hickey, Chairman
                                                                                                            Board of Supervisors
                                                                                                            Fremont County, Iowa

Motion was made by Aistrope to authorize Chairman Hickey to sign DOT Bypass Agreement number 2004-C-057, Project No. STP-2-1(40)--2C-36 in accordance with Iowa Code Section 28E.12. Aistrope, aye; Hickey, aye.

Brian Morrissey and Rex Allen met with the Board and County Engineer Dan Davis in regards to the Highway 2/I29 development area. Rex Allen is doing the traffic study and engineering and he works with Morrissey and the Ames office. Morrissey presented the traffic study in the area. He said DOT is applying for safety funds for use in that area. The county will also have a local match and he will work with the county engineer. As of now Morrissey and Allen are recommending to the DOT commission that the speed limit be dropped to fifty miles per hour in that area. The Board said they really appreciated them coming down to meet with them and the county engineer and thanked them for their time to keep the supervisors up to date.

At 10:00 a.m. Janeth Winkler and County Sanitarian Don Gibson met with the Board in regards to setbacks for
wells and septic tanks on lots.

At 10:45 a.m. IT Director Arnold Emberton met with the Board. Emberton discussed warranty options on the main computer system. He said he had the option to prepay the maintenance agreement for three years. The price for the three year maintenance agreement would save the county approximately $3,000 and would lock the price in for three years. He told them that we cannot run without maintenance on the main system. Aistrope said anywhere we can save money we need to do it and if he can save $3,000 over three years then Emberton should sign the three year agreement. Aistrope made a motion to authorize Emberton to sign the three year maintenance agreement with IBM. Aistrope, aye; Hickey, aye.

The Sheriff and the County Attorney could not be at the meeting to discuss additional ordinance for law enforcement. The discussion was delayed until the County Attorney and Sheriff could be present.

There being no further business, the meeting was adjourned.

ATTEST:

Fremont County Auditor                                                                                 Keith Hickey, Chairman

December 9, 2003:

The Fremont County Board of Supervisors met in regular session on Tuesday, December 9, 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 sent budget worksheets, letter and budget calendar for fiscal year 2004/2005 to various departments to be completed according to the budget calendar.

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

RESOLUTION ABATING TAXES ON LAND OBTAINED BY TAX SALE DEED OWNED BY JORGE L. VALQUIER-CRUZ

WHEREAS, Jorge L. Valquier-Cruz now owns certain property in Fremont County, Iowa, Parcel No. 020020296000000 described as:

Fifty-Five feet running North & South & Three-hundred & Sixteen Feet running East & West situated in the extreme NE corner of the N 1/2 of the SW 1/4 of Section 29, Township 69 North, Range 43 West of the 5th P.M. Iowa, according to the recorded plat thereof.

Whereas, the property is owned by Jorge L. Valquier-Cruz as a result of a Tax Sale Deed, from a Tax Sale Certificate 95-95003 assigned to Mr. Valquier-Cruz by the Fremont County Board of Supervisors.

IT IS HEREBY RESOLVED under Iowa Code Section 446.31 that the above described property's delinquent taxes from 1993/1994 to 2002/2003 shall be abated due to an agreement with the County Board of Supervisors. Once these taxes are abated, all taxes remaining due for the 2003/2004 taxable year and all future taxes will remain on the tax roll.

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

Dated the 9th day of December, 2003.

Motion by Aistrope, carried unanimously.

ATTEST:

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

At 10:00 a.m. the continuance of the public hearing to vacate an alley in the unincorporated town of Anderson was held. Present were Assistant County Engineer Jim Owens and Steve Wichman. Discussion was held. Wichman's attorney could not be here for the hearing. Motion was made by Aistrope to continue the hearing to December 18, 2003, at 10:00 a.m. so Wichman's attorney could be present. Larson, aye; Aistrope, aye; Hickey, aye.

In other business, the Sheriff's Monthly Report of Fees Collected, the Recorder's Monthly Report of Fees Collected and payroll for Friday, December 12, 2003, were approved.

There being no further business, the meeting was adjourned.

ATTEST:

Fremont County Auditor                                                                         Keith Hickey, Chairman

December 11, 2003:

The Fremont County Board of Supervisors met in regular session on Thursday, December 11, 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 8:30 a.m. a department head meeting was held with the Board. Present were Steve Whitehead, Sandra Sillers, Art Claiborne, Margaret Henkle, Dan Davis, Janeth Winkler, Arnold Emberton, Judy Crain, Karen Berry, Steve MacDonald and Lucille Hunt. The County Attorney was unable to attend. The Compensation Board minutes were copied for budget preparation. The Compensation Board recommended a 2.5% increase in salary for 2004/2005. Hickey stressed that we all must live within our budget and requested that the departments do not spend their entire budget as we are below 19% carryover. Discussion was held in regards to levy limits, consolidation of counties and consolidation of counties and cities. Hickey said he attended a meeting ten years ago in an area north of Des Moines. The talk at that time was to consolidate counties and Hickey said it was overwhelmingly overruled. Hickey said we are fortunate that we still have local government where people can have local access. He said maybe the system isn't broken at the local level but maybe it is broken at a higher level. Sillers said the myth she has heard on the street is that the county has plenty of money and maybe we need to do some informative newspaper articles. Davis said the county having to take over additional roads is going to be costly for county government. Claiborne said he knows that the people he has talked to knows that the additional roads are going to be costly to the county and also insurance coverage is very costly. Discussion was held in regards to the possible sale of the county home and the county farm.

At 9:30 a.m. motion was made by Aistrope to authorize Chairman Hickey to sign the renewal license for on premise liquor, wine or beer and Sunday Sales for Skyline Sportsman's Club LLC. Larson, aye; Aistrope, aye; Hickey, aye.

At 10:00 a.m. a discussion was held with the Sheriff and County Attorney in regards to an ordinance relating to sexually oriented business.

At 10:30 a.m. the Supervisors left with the Sheriff to visit the jail.

There being no further business, the meeting was adjourned.

ATTEST:

Fremont County Auditor                                                 Keith Hickey, Chairman

December 16, 2003:

The Fremont County Board of Supervisors met in regular session on Tuesday, December 16, 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. motion was made by Aistrope to approve the appointment of Gene Belknap as weed commissioner for next year. Larson, aye; Aistrope, aye; Hickey, aye.

At 9:15 a.m. the following resolution was approved.

RESOLUTION NO. 2003-87

RESOLUTION TO PUBLISH NOTICE OF PUBLIC HEARING FOR ORDINANCE 2003-2

WHEREAS, at the request of the Fremont County Board of Supervisors, Ordinance No. 2003-2 has been prepared by the Fremont County Attorney and the Fremont County Sheriff to adopt rules for sexually oriented business in Fremont County.

NOW THEREFORE BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors, this 16th day of December, 2003, that a public hearing will be held on the 30th day of December, 2003, at 10:00 a.m. for Ordinance 2003-2, adopting rules for sexually oriented business in Fremont County. The Auditor shall publish notice of said hearing which publication shall be made in a legal newspaper of general circulation in Fremont County, which publication shall be not less than four (4) nor more than twenty (20) days before the date set for the hearing.

Motion to approve resolution by Larson.

ATTEST:

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

In other business Secondary Road Longevity Payroll, according to their union contract, was approved in the amount of $7,779.04. Claims for Friday, December 19, 2003, were approved.

There being no further business, the meeting was adjourned.

ATTEST:

Fremont County Auditor                                                             Keith Hickey, Chairman

December 18, 2003:

The Fremont County Board of Supervisors met in regular session on Thursday, December 18, 2003, in the Fremont County Courthouse, Boardroom, with Hickey and Aistrope 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 Fremont County Departmental Emergency Procedure Manual prepared by Arnold Emberton. After discussion it was decided to add a page for Fire Safety. The adoption for the manual will be placed on the agenda for Tuesday, December 23, 2003.

At 9:15 a.m. the Board discussed the salary for the Information Technology Director. The department was organized in Fremont County on July 1, 2003, with Arnold Emberton designated as Information Technology Director. At that time the increase in salary for the IT Director was delayed. Aistrope said Emberton is doing an excellent job in that position and he made a motion to increase the salary of the IT Director to the same salary as the elected Auditor, Treasurer, Recorder and the Fremont County CPC. Hickey, aye; Aistrope, aye.

At 10:00 a.m. the Continuation of the Public Hearing to Vacate an Alley in the Unincorporated Town of Anderson was held. Present were Steve Wichman, Attorney Aaron Rodenburg, Dan Davis and Auditor Hunt. Hickey said the town of Anderson was platted years ago with roads and alleys dedicated to the town. Rodenburg said his client wants the alley vacated and closed. Hickey said at the initial public hearing on the 25th of November, 2003, Cecil Ward and David Ward did not want the alley closed as they stated they used the alley. Rodenburg said his client, Steve Wichman, wants the alley vacated as he has a well and an abandoned septic tank very close to the alley. Wichman said the alley was moved and Davis said you cannot move a platted alley. Davis said the Town of Anderson was platted with an implied dedication of the plat to the public so the alleys and streets were the property of the town of Anderson by fee title. When the town was unincorporated the alley became the property of the county. Davis said if you look at your deed, it does not say that you own half of the alley, but you own the lot. Hickey said if the alley was closed, the county would still own the alley and would put it up for bid. Aistrope said at the earlier meeting there were two people that objected to closing the alley because they use it. Aistrope moved to go with the majority and not close the alley but keep it open. Hickey asked if there was more discussion. Rodenburg said the only reason you are keeping it open is to pacify two people and they do not need that access to their property and his client would give them an easement to their property. Rodenburg said if the alley were closed Wichman could be in compliance with the well and septic tank on his property and Wichman would offer an easement to the Wards. Hickey said again that the property would be sold at bid. The hearing today is to close the alley not to sell the alley. Aistrope said the County Attorney made a recommendation to keep the alley open and he would not withdraw his motion. Hickey asked for the vote. Aistrope, aye; Hickey, aye.

There being no further business, the meeting was adjourned.

ATTEST:

Fremont County Auditor                                                                            Keith Hickey, Chairman

December 23, 2003:

The Fremont County Board of Supervisors met in regular session on Tuesday, December 23, 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 canvassed the IWCC Special Election.

At 9:15 a.m. the following resolutions were approved.

RESOLUTION NO. 2003-88

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 23rd day of December, 2003, that the following transfer of funds be approved and made: $396,218.00 from the Rural Services Basic Fund, share of Rural Services taxes, to the Secondary Road Fund and $60,000.00, property tax relief of local option taxes, from the Rural Services Basic Fund to the Secondary Road Fund.

Motion to approve transfer made by Aistrope.

ATTEST:

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

RESOLUTION NO. 2003-89

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 23rd day of December, 2003, that the following holidays shall be observed by the Fremont County Courthouse Offices during the 2004 year.

New Year's Day, Thursday, January 1, 2004; President's Day, Monday, February 16, 2004; Good Friday, Friday, April 9, 2004; Memorial Day, Monday, May 31, 2004; Independence Day, Monday, July 5, 2004; Labor Day, Monday, September 6, 2004; Veteran's Day, Thursday, November 11, 2004; Thanksgiving, (Thurs. & Fri.) November 25 & 26, 2004; Christmas, (Thurs. & Fri.) December 23 & 24, 2004.

Motion to approve made by Aistrope.

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. motion was made by Larson to adopt the Fremont County Departmental Emergency Procedure Manual as prepared by Arnold Emberton. Aistrope, aye; Larson, aye; Hickey, aye.

A memo was sent to the Fremont County Sheriff in regards to the state audit that will begin on January 5, 2004. The Auditors have requested that all detail for all credit cards that have been approved and paid in previous months, be attached to all claims before the auditors arrive.

At 10:30 a.m. Tim Travis, Deb Baschle and Nathan Godwin presented the various health plans from United Healthcare. The various plans were discussed. No decisions were made.

In other business, payroll for December 26, 2003 and the following handwritten warrant were approved.

O'Neal Electric, 1,444.05.

There being no further business, the meeting was adjourned.

ATTEST:

Fremont County Auditor                                                                                     Keith Hickey, Chairman

December 30, 2003:

The Fremont County Board of Supervisors met in regular session on Tuesday, December 30, 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 met with Sandie Sillers and Janeth Winkler. The following resolution was approved.

RESOLUTION NO. 2003-90

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 30th day of December, 2003, that

1. The full time position of General Assistance Director be eliminated as of January 1, 2004, and

2. That the assignment of the part time position of General Assistance Director be designated to the Fremont County CPC with the CPC position changed to Community Services/CPC Director as of January 1, 2004.

Motion to approve resolution made by Aistrope.

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. thru 10:30 a.m. the public hearing for Ordinance 2003-2, An Ordinance Regulating Sexually Oriented Businesses, Requiring Licenses, Regulating The Location Thereof and Providing For Penalties For Violation, was held. Present were County Attorney Vicki Danley, John Sheldon, Trent Nelson and Auditor Lucille Hunt. Hickey opened the public hearing. Hickey said that the Board's desire is to adopt and enforce an ordinance that spells out rules and regulations and where sexually oriented businesses may be located. This ordinance will affect the unincorporated area of Fremont County and not incorporated cities within the county.

Sheldon asked how restrictive it is and Hickey said it is spelled out in the ordinance. Hickey said we can't and don't say that you can't have this type of business. Hickey said it was up to the cities within Fremont County to adopt an ordinance. Nelson asked how long the Supervisors have been considering this type of ordinance. Aistrope said there has been discussion of needing an ordinance as this is not addressed in our zoning ordinance. Currently this type of business is not operating in the unincorporated area of Fremont County. Hickey said he personally wishes all of the incorporated areas of Fremont County would adopt the ordinance. Aistrope and Larson also said they hoped the cities would follow. Nelson asked why these businesses are so undesirable. Danley said businesses are not undesirable but the Board wants to regulate where they are located so the county is orderly. Businesses are regulated for public interest and we want people to have freedom of business. Danley said we have had zoning since 1969 and most counties adopted zoning that year. The incorporated areas in Fremont County also have zoning laws. She said that zoning plans have been amended several times at various times and zoning will continue to be amended at times. Danley said that zoning is for orderly development. Larson said zoning also looks at conservation of the Loess Hills. There were no objections, written or oral, in passing this ordinance.

At 10:30 a.m. the first consideration of proposed Ordinance 2003-2, An Ordinance Regulating Sexually Oriented Businesses, Requiring Licenses, Regulating the Location Thereof and Providing For Penalties For Violation was held.

RESOLUTION NO. 2003-91

RESOLUTION APPROVING FREMONT COUNTY ORDINANCE 2003-2 AN ORDINANCE REGULATING SEXUALLY ORIENTED BUSINESSES, REQUIRING LICENSES, REGULATING THE LOCATION THEREOF AND PROVIDING PENALTIES FOR VIOLATION.

Whereas it is the desire of the public and the Fremont County Board of Supervisors to promote the health, safety, morals and general welfare of the citizens of the county by regulating sexually oriented businesses in Fremont County, and

Whereas, a proposed ordinance has been presented to the Board and approved by the Sheriff and the County Attorney and

Whereas, public hearing was held pursuant to notice published as required by law, and a summary of the proposed ordinance has been published also, and copies of the proposed ordinance have been available at the office of the Fremont County Auditor, and

Whereas, the Board has heard the views of the public and the Board is of the view that the adoption of said ordinance is in the interest of the public of Fremont County

NOW, THEREFORE, BE IT RESOLVED;

ORDINANCE 2003-2 AN ORDINANCE REGULATING SEXUALLY ORIENTED BUSINESSES, REQUIRING LICENSES, REGULATING THE LOCATION THEREOF AND PROVIDING PENALTIES FOR VIOLATION is hereby approved as attached hereto.

The Auditor is directed to publish the Ordinance and authenticate it as required by law.

When Effective: This Ordinance shall be in effect after its final passage, approval, and publication as provided by law.

First consideration December 30, 2003
Second consideration waived
Third consideration waived

Waiver of second and third consideration. Moved by Aistrope, Seconded by Larson. Roll Call: Aistrope, aye; Hickey, aye; Larson, aye.

Motion to approve Ordinance No. 2003-2 after waiving second and third consideration made this 30th day of December, 2003 at 10:30 o'clock a.m. by Aistrope, seconded by Larson.

ATTEST: Roll Call:

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

Resolution prepared and submitted by
Vicki R. Danley
Fremont County Attorney

There being no further business, the meeting was adjourned.

ATTEST:

Fremont County Auditor                                                                                 Keith Hickey, Chairman

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