Board of Supervisors Minutes

December 2007

December 4, 2007:

The Fremont County Board of Supervisors met in regular session on Tuesday, December 4, 2007, in the Fremont County Courthouse Boardroom with Whipple 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 Chuck Larson was not present for this meeting.

At 9:30 a.m. Jim Saufley met with the Board regarding property at 2496 Waubonsie Avenue. Saufley has been on his property west of Tabor about a year and is concerned about a trailer house that was moved in behind his property on August 1, 2007. He said he is concerned about an illegal sewage system in use. He said there is not a mailbox or 911 Address for this property. The Sheriff’s Office reported that they served a 30-day notice and are now waiting for the Zoning Commissioner to get back with them as to how to proceed. The Board will follow up with this issue.

At 9:40 a.m. Larry Whitehead met with the Board regarding work that was done on Schultz Drainage. Two paid claims were produced that showed payment for work done; one showing payment on June 9, 2006 and the other showing payment on January 19, 2007. Whitehead said he would do some checking, and if he was overpaid, he would pay back the overpayment.

At 10:00 a.m. Jim Owen, Assistant to County Engineer, met with the Board. Motion was made by Hendrickson to approve the following Resolution 2007-61. Hendrickson, aye; Whipple, aye.

RESOLUTION NO. 2007-61 

RESOLUTION TO ACCEPT LOW BID AND AWARD CONSTRUCTION CONTRACT

 WHEREAS, the Iowa Department of Transportation held a letting for construction projects on November 20, 2007, and

WHEREAS, five (5) bids were received for RCB Culvert Project FM-CO36(45)—55-36, and five (5) bids were received for RCB Culvert Project FM-CO36(46)—55-36.

NOW THEREFORE BE IT RESOLVED by the Board of Supervisors of  Fremont County that the contract be awarded to Graves Construction Co., Inc. of Spencer, Iowa, for the low bid of $205,354.82 for project FM-CO36(45)—55.36, and Dixon Construction Co. of Correctionville, Iowa, for the low bid of $179,973.79 for project FM-CO36(46)—55-36.  The cost of these projects shall be paid from Farm to Market funds.

Motion to approve made by Hendrickson.

Approved this 4th day of December 2007.

ATTEST:

/s/ Joan Kirk                                                                                                                               Chuck Larson, Chairman    absent
Fremont County Auditor                                                                                                       /s/ John E. Whipple                   aye
                                                                                                                                               /s/ Earl Hendrickson                  aye
                          

At 10:15 a.m. Fremont County Treasurer Judy Crain met with the Board to discuss changes taking place regarding the Treasurer’s website. The Iowa State County Treasurers Association has entered into a contract with ABC Virtual, Inc. to establish, operate and maintain a new internet website and portal for the purposes of providing electronic access to the public for useful and relevant information and electronic transactions with Iowa counties. Crain said it should be a seamless change for Iowa citizens.

At 11:00 a.m. Jim Harris met with the Board to discuss beaver dams in West Benton Drainage Ditch. The Board suggested Harris get a bid regarding cleaning out the ditch.

Payroll and claims were approved for December 7, 2007.

At 11:06 a.m., there being no further business, Hendrickson made a motion to adjourn. Whipple, aye; Hendrickson, aye.

ATTEST:

Fremont County Auditor                                                                                                 Chuck Larson, Chairman

December 6, 2007:

The Fremont County Board of Supervisors met in regular session on Thursday, December 6, 2007, in the Fremont County Courthouse Boardroom with Whipple and Hendrickson present. Larson was absent. A quorum was 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. the following resolutions were approved.

RESOLUTION NO. 2007-62

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 6th day of December 2007, that the following transfer of funds be approved and made: $354,457.00 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 Hendrickson.

ATTEST:

/s/ Joan Kirk                                                                                                                     Chuck Larson      Absent
Fremont County Auditor                                                                                            /s/ John E. Whipple  aye
by June Hardy, Asst. Auditor                                                                                    /s/ Earl Hendrickson aye

RESOLUTION NO. 2007-63

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 6th day of December 2007, that the following transfer of funds be approved and made: $2,978.29 from the TIF Rebate Fund, to the LMI Assistance Fund, as stated in the Waubonsie Ridge Agreement.

Motion to approve transfer made by Hendrickson.

ATTEST:

/s/ Joan Kirk                                                                                                                     Chuck Larson      Absent
Fremont County Auditor                                                                                            /s/ John E. Whipple  aye
by June Hardy, Asst. Auditor                                                                                    /s/ Earl Hendrickson aye

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

At 6:40 p.m., there being no further business, motion was made by Hendrickson to adjourn. Hendrickson, aye; Whipple, aye.

ATTEST:

Fremont County Auditor                                                                                            John E. Whipple, Vice-Chairman

December 11, 2007:

The Fremont County Board of Supervisors met in regular session on Tuesday, December 11, 2007, in the Fremont County Courthouse Boardroom, with Whipple 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 Larson was not present for this meeting.

At 9:00 a.m. Fremont County Engineer, Dan Davis met with the Board. Motion was made by Hendrickson to approve the following Resolution 2007-64. Whipple, aye; Hendrickson, aye.

Resolution No. 2007-64

RESOLUTION APPROVING THE PUBLIC IMPROVEMENT PROJECT TO CONSTRUCT PROJECT STP-S-CO36(32)--5E-36 (COUNTY ROAD J-34) AND TO ACQUIRE PRIVATE PROPERTY FOR THE PROJECT

Whereas, under the provision of Iowa Code, 6B, a governmental body which proposes to acquire property under the power of eminent domain for a public improvement project is required to give notice of intent to commence the project to all property owners whose properties may be acquired in whole or in part for the project, and

Whereas, such notice was given as "Notice of Proposed Public Improvement" by mailing a copy of the said Notice to all affected property owners on September 21, 2007, and publication in the designated county newspapers on October 11, 2007, as by law required, and

Whereas, before resolutions can be adopted to fund the final site specific design for the project, including the public improvements, to make the final selection of the route or site location for the improvements, and to acquire or condemn, if necessary, all or a portion of the property needed for the improvements, the Board of Supervisors is required to hold a public hearing, and

Whereas, the public hearing was held on October 24, 2007 at the Fremont County Engineer’s office, pursuant to notice as by law required, and

Whereas, public comment was heard and persons interested in the project were given the opportunity to present their views regarding the project, and regarding the acquisition of property for the project, and

Whereas, following the public hearing, the Board of Supervisors, has considered adoption of a Resolution, authorizing funding of the final site-specific designs for the improvements, finalizing the selection of the route or site-specific design for the improvements and authorizing acquisition by purchase or condemnation, if necessary of the property needed for the improvements.

NOW, THEREFORE, BE IT RESOLVED that the Fremont County Board of Supervisors, sitting in session this 11th day of December, 2007, hereby approve the public improvement project to construct project STP-S-CO36(32)--5E-36 (County Road J-34) and hereby approve the acquisition of private property for the project and hereby authorize funding of the final site-specific design for the improvements, and hereby authorize acquisition by purchase or condemnation if necessary of the property needed for the improvements,

Motion made this 11th day of December, 2007 at 9:00 o’clock A.M.

ATTEST: Roll Call:

/s/ Joan Kirk                                                                                                                     Chuck Larson      Absent
Fremont County Auditor                                                                                            /s/ John E. Whipple  aye
                                                                                                                                     /s/ Earl Hendrickson aye

Resolution prepared and submitted by Daniel R. Davis, Fremont County Engineer

Motion made by Hendrickson to authorize Vice-Chairman Whipple to sign Amendment #5 for Survey Work with HGM Associates on Project STP-S-CO36(32) –SE-36 (Co. Road J-34).  Whipple, aye; Hendrickson, aye. 

Motion was made by Hendrickson to authorize Vice-Chairman Whipple to sign contracts and bonds for Plum Creek Box, Project FM-CO36(45)—55-36.  Whipple, aye; Hendrickson, aye. 

Motion was made by Hendrickson to authorize Vice-Chairman Whipple to sign ROW Contract on Dreyer Box.  Whipple, aye; Hendrickson, aye. 

Angie Lutt phoned to cancel  her 9:15 a.m. appointment due to the icy roads.   

In other business the Board approved the Secondary Roads longevity payroll. 

At 9:45 a.m., there being no further business, Hendrickson made a motion to adjourn.  Whipple, aye; Hendrickson, aye.

ATTEST:

Fremont County Auditor                                                                                         Chuck Larson, Chairman

December 13, 2007:

At 8:30 a.m. on Thursday, December 13, 2007, a department head meeting was held in the Fremont County Courthouse Boardroom. Present were Chuck Larson, John E. Whipple, Earl Hendrickson, Margaret Johnson, Judy Crain, Art Claiborne, Karen Berry, Steve Whitehead, Margaret Henkle, Steve MacDonald, Arnold Emberton and Joan Kirk. Some topics discussed were: courthouse generator; protocol for juveniles; water leakage in basement; area for motorcycle drive test; courthouse closing due to weather; nuisance trailer house in the county.

The Fremont County Board of Supervisors met in regular session on Thursday, December 13, 2007, in the Fremont County Courthouse Boardroom, with Larson, Whipple, 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.

At 9:30 a.m. Charles King met with the Board regarding county held tax sale certificates on property in Hamburg. The Board suggested he visit with the County Treasurer to be sure he had the correct amount owed on the property. The next step would be to submit a bid on the property.

10:05 a.m., there being no further business, Whipple made a motion to adjourn. Hendrickson, aye; Whipple, aye; Larson, aye.

ATTEST:

Fremont County Auditor                                                                                                 Chuck Larson, Chairman

December 18, 2007:

The Fremont County Board of Supervisors met in regular session on Tuesday, December 18, 2007, in the Fremont County Courthouse Boardroom, with Larson, Whipple, 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 Patricia Rengifo and Rachael Becker joined the meeting.

At 9:00 a.m. the Board canvassed the IWCC Special Election.

At 9:30 a.m. Lona Lewis, Hillary Christianson, Wendy Stenzel, Jason Foster and Terri Moore with Kornerstone Kids Daycare met with the Board requesting an Assured Resolution for Kornerstone Kids Daycare. They have a USDA Loan for the final portion of the project for the money they have not raised; they are expecting this to be around $400,000. Whipple asked if the County Attorney had seen the proposed resolution and Lewis said she had not. Whipple said he would like the County Attorney to look at the resolution before they approve it. Whipple said he was in favor of the project but did not agree with the way the resolution was written. Motion was made by Hendrickson to approve the following Resolution 2007-65. Hendrickson, aye; Whipple, nay; Larson, aye.

Resolution 2007-65

Whereas the Fremont Board of County Supervisors has heretofore indicated its support for the operation of Kornerstone Kids Child Care, Inc. facility (the "Project"); and

Whereas the United States of America, by and through the United States Department of Agriculture, has requested that the Fremont County Board of Supervisors adopt a resolution setting for their statement of intent concerning their support of the Project.

Now, therefore, it is resolved as follows:

1. The Fremont County Supervisors hereby reaffirm their continued support for the Project.
2. In the event that Kornerstone Kids Child Care, Inc. is unable to make a monthly payment on the loan secured by the United States Department of Agriculture, we, the Fremont County Supervisors, will contribute a portion of funds necessary to make the monthly payment in full, so the Kornerstone Kids Child Care, Inc. will not default. All parties understand that the Fremont County Board of Supervisors is not co-signing the USDA loan and does not have a secured interest in the property. If Kornerstone Kids goes out of business, the Board of Supervisors will not be held liable for any indebtedness.
3. The Board of Supervisors for Fremont County is hereby directed to deliver a certified copy of this resolution to the United States Secretary of Agriculture or his designee.

Certificate

The undersigned hereby attests and certifies as follows:

1. That (s)he is the duly appointed, authorized and acting Chairman of the Fremont County Board of Supervisors.

2. That the foregoing resolution is a true and correct copy of the resolution duly adopted by said Board of Supervisors at its meeting held on the 18th day of December, 2007, and that the vote to approve said resolution was as follows:

Persons voting aye:                                                                                 Persons voting nay:
/s/ Chuck Larson, Chairman                                                                   /s/ John E. Whipple
/s/ Earl Hendrickson

Certified by: /s/ Joan Kirk
Title: Fremont County Auditor
Date: December 18, 2007

At 9:45 a.m. Motion was made by Whipple to approve the following Resolution 2007-66. Hendrickson, aye; Whipple, aye; Larson, aye.

RESOLUTION NO. 2007-66

RESOLUTION CANCELING TAX SALE CERTIFICATE TO THE FOLLOWING:

WHEREAS, the City of Randolph did own certain property in Randolph, Fremont County, Iowa, Parcel No. 450450037000000, 102 W. Randolph, described as:

Lot 15 & E 2’ Lot 14 in BLK 11 in the original town of Randolph, in Fremont County, Iowa according to the recorded plat thereof.

WHEREAS, on February 9th, 2006 the Fremont County Board of Supervisors approved a resolution 2006-10 abating taxes on the property then owned by City of Randolph. At that time Fremont County should have but did not cancel the County Tax Sale certificate #2004-00515.

WHEREAS, Davis N. Heywood Sr. and Cindy L. Heywood received from the City of Randolph the above property.

WHEREAS, Davis N. Heywood Sr. and Cindy L. Heywood are now owners of the above described parcel and therefore the County Tax Sale certificate #2004-00515 currently held by the county should be cancelled.

IT IS SO RESOLVED, this 13th day of December 2007.

ATTEST:

/s/ Joan Kirk                                                                                                                          /s/ Chuck Larson, Chairman    aye
Fremont County Auditor                                                                                                       /s/ John E. Whipple                   aye
                                                                                                                                               /s/ Earl Hendrickson                  aye
 

At 9:50 Let the records show Patricia Rengifo and Rachael Becker left the meeting.

At 10:00 a.m. Fremont County Engineer Dan Davis met with the Board. Motion was made by Whipple to authorize Chairman Larson to sign contracts and bonds for Dixon Construction for Project FMCO36(46)--55-36. Hendrickson, aye; Whipple, aye; Larson, aye.

Motion was made by Whipple to authorize Chairman Larson to sign three Hungry Canyons Agreements for Reimbursement. Hendrickson, aye; Whipple, aye; Larson, aye.

At 10:15 a.m. Angie Lutt met with the Board to discuss developing an Early Childhood Committee on behalf of the Corner Counties Empowerment Board. Lutt said she would be chairing the committee.

The Empowerment Board would like to see approximately 42 people on the new committee, which will meet four times a year. The committee will give their ideals and suggestions to the Empowerment Board. Lutt would like to see all three board members on the Early Childhood Committee. Larson said to let him know when the meeting is and he will get someone to go.

Payroll and claims were approved for December 21, 2007.

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

At 10:30 a.m., there being no further business, Hendrickson made a motion to adjourn. Whipple, aye; Hendrickson, aye; Larson, aye.

ATTEST:

Fremont County Auditor                                                                                                  Chuck Larson, Chairman

December 20, 2007:

The Fremont County Board of Supervisors met in regular session on Thursday, December 20, 2007, in the Fremont County Courthouse Boardroom with Larson, Whipple, 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.

At 9:00 a.m. Lynda Cruickshank met with the Board of Supervisors and gave an update on FREDCO.

Let the records show Patricia Rengifo was present for this meeting.

At 9:30 a.m., there being no further business, motion was made by Whipple to adjourn. Hendrickson, aye; Whipple, aye; Larson, aye.

ATTEST:

Fremont County Auditor                                                                                                  Chuck Larson, Chairman

December 25, 2007:

No Regularly Scheduled Meeting. Courthouse Closed for Christmas Holiday.

December 27, 2007:

The Fremont County Board of Supervisors met in regular session on Thursday, December 27, 2007, in the Fremont County Courthouse Boardroom with Larson, Whipple, 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.

At 9:00 a.m. motion was made by Hendrickson to table the budget amendment. Whipple, aye; Hendrickson, aye; Larson, aye.

At 9:15 a.m. motion was made by Whipple to approve the following resolution.

RESOLUTION NO. 2007-67

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 27th day of December 2007 that the following holidays shall be observed by the Fremont County Courthouse Offices during the 2008-year. New Year’s Day, Tuesday, January 1, 2008; President’s Day, Monday, February 18, 2008; Good Friday, Friday, March 21, 2008; Memorial Day, Monday, May 26, 2008; Independence Day, Friday, July 4, 2008; Labor Day, Monday, September 1, 2008; Veteran’s Day, Tuesday, November 11, 2008; Thanksgiving, (Thurs. & Fri.) November 27 & 28, 2008; Christmas, (Wed. & Thurs.) December 24 & 25, 2008.

Motion to approve made by Whipple.

ATTEST:

/s/ Joan Kirk                                                                                                                          /s/ Chuck Larson, Chairman    aye
Fremont County Auditor                                                                                                       /s/ John E. Whipple                   aye
                                                                                                                                               /s/  Earl Hendrickson                 aye

At 10:00 a.m. Fremont County Sheriff Steve MacDonald and Deputy Kevin Aistrope met with the Board. MacDonald is requesting the Board’s approval of a site survey of the communication tower and transmitter facility to determine if the failure of equipment is related to grounding, bonding and installation issues. The cost of the survey is $1,858. Whipple made a motion to approve the survey. Hendrickson, aye; Whipple, aye; Larson, aye.

At 10:30 a.m., there being no further business, Hendrickson made a motion to adjourn. Whipple, aye; Hendrickson, aye; Larson, aye.

ATTEST:

Fremont County Auditor                                                                                 Chuck Larson, Chairman

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