Board of Supervisors Minutes
December 2014

December 2, 2014:

The Fremont County Board of Supervisors met in regular session on Tuesday, December 2, 2014, in the Fremont County Courthouse Boardroom, with Bartholomew, Hickey 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. 

Let the records show Shanna Schram, B103 Radio attended this session.  

At 9:00 a.m. Dan Davis, Engineer, requesting approval of a payment voucher.  Motion was made by Morgan to approve Payment Voucher for HGM Associates on Proj #BROS-CO36(68)--5F-36. Motion carried unanimously.  

At 9:10 a.m. Motion was made by Hickey to approve cancellation of Tax Sale Certificate & Abatement of Taxes on Parcel Number 480480043000000.  Also present was Judy Crain, Treasurer.  Motion carried unanimously.

RESOLUTION NO. 2014-45

RESOLUTION TO CANCEL TAX SALE CERTIFICATE 2013-319 AND ABATE TAXES

WHEREAS, Parcel No. 480480043000000 describing, A Mobile home on W94’ S 32’ Lt 2, land owned by Kempton Enterprises in the City of Tabor.  The above-described parcel was sold was sold at Tax Sale on June 17, 2013 to Fremont County from the public bidder list.  The mobile home was destroyed in the flood of 2011, therefore there is no longer a mobile home to tax.  BE IT RESOLVED that Tax Sale Certificate 2013-00319 be cancelled, as there is no longer a mobile home to tax.  And any existing taxes be abated per Iowa Code 446.19.

Dated the 2nd day of December, 2014.

Motion by Hickey.
 

In other business, the following claim was approved for hand written warrant.  General Basic Fund, Administration, Telephone & Telegraph Services, Veterans Affairs, $88.69. 

At 9:20 a.m. there being no further business, Hickey made a motion to adjourn.  Motion carried unanimously. 

ATTEST:

Fremont County Auditor                                                                                Bart Bartholomew, Chairman

December 9, 2014:

At 8:30 a.m. on Tuesday, December 9, 2014, a Department Head meeting was held in the Fremont County Courthouse jury room.  Present were Bart Bartholomew, Cara Morgan, Randy Hickey, Jenny McAllister, Danny Toma, John Travis, Corey Becker, Robin Shirley, Terry Graham, Mike Crecelius, Reba Richie and Karen Berry.  Topics discussed: new County Attorney, jury trial possible, paperwork issues between Community Services and DHS, Emergency Management doing budget work, Alice training, courthouse security system, Assessor doing field work, extra meetings Supervisor’s attended.  Bart thanked his fellow county employees.  He appreciated all their help and was grateful for the experience.   

The Fremont County Board of Supervisors met in regular session on Tuesday, December 9, 2014, in the Fremont County Courthouse Boardroom, with Bartholomew, Hickey 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.

Let the records show Speck Hendrickson, and Sandra Parmenter with The Hamburg Reporter was also present for this meeting.    

At 9:00 a.m. the board canvassed the Farragut/Hamburg School Special Election held December 2, 2014, finding the Public Measure passed in Farragut by 339 votes, and failed in Hamburg by 7 votes.   

At 9:15 a.m. Motion was made by Morgan to approve the following Resolution 2014-46.  Motion carried unanimously.   

RESOLUTION NO.  2014-46                                                              

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 9th day of December 2014, that the following transfer of funds be approved and made:  $513,915 from the Rural Services Basic Fund, share of Rural Services taxes, to the Secondary Road Fund and $56,003, property tax relief of local option taxes, from the Rural Services Basic Fund to the Secondary Road Fund. 

Motion to approve transfer made by Morgan.
 

Motion was made by Morgan to approve the following Resolution 2014-47.  Motion carried unanimously. 

RESOLUTION NO.  2014-47                                              

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 9th day of December, 2014, that the following transfer of funds be approved and made:  $10,036.31 from the TIF Rebate Fund, to the LMI Assistance Fund, as stated in the Waubonsie Ridge Agreement.

Motion to approve transfer made by Morgan.
 

At 9:20 a.m. Motion was made by Hickey to approve the following Resolution 2014-48.  Also present were Cory Becker, Karen Berry and Jennifer McAllister.  Motion carried unanimously.

RESOLUTION NO. 2014-48

A RESOLUTION PROVIDING FOR THE OPTION TO CHOOSE A DIFFERENT PAID HOLIDAY BESIDES CHRISTMAS EVE

WHEREAS, Christmas 2014 falls upon a Thursday; and WHEREAS, a request has been made to exchange the paid holiday of Christmas Eve for December 26, 2014, the Friday after Christmas, and WHEREAS, there is not a unanimous consensus amongst the Departments on which day to designate as a paid holiday paired with Christmas. THEREFORE, BE IT RESOLVED BY THE FREMONT COUNTY BOARD OF SUPERVISORS, FREMONT COUNTY, IOWA, that, at the discretion of the individual department head, a Department may choose to substitute Christmas Eve for December 26, 2014, the Friday after Christmas, as a paid holiday. The department heads must report their choice to this Board by December 16, 2014. If there is not a unanimous decision on a single day, the Fremont County Courthouse will be open on both Christmas Eve and December 26, 2014, but not Christmas Day. It is not the intention of this resolution to increase or decrease the existing number of paid holidays for county employees.

Passed and adopted this 9th day of December, 2014.

Fremont County, Iowa
 

At 9:25 a.m. Motion was made by Morgan to approve the following Resolution 2014-49.  Motion carried unanimously.

RESOLUTION 2014-49

BE IT RESOLVED BY THE FREMONT COUNTY BOARD OF SUPERVISORS this 9th day of December, 2014, that in accordance with the Code 602.6501 (1) (b) the following three electors will be appointed to the Fremont County Judicial Magistrate Appointing Commission:  Clara Jean Gude, Grant Schaaf, Sandra Bugg; such appointments being for six years with the term starting January 1, 2015.
 

At 9:30 a.m. Motion was made by Hickey to approve the following Resolution 2014-50.  Motion carried unanimously.

RESOLUTION 2014-50

CONSTRUCTION EVALUATION RESOLUTION

WHEREAS, Iowa Code section 459.304(3) sets out the procedure if a board of supervisors wishes to adopt a “construction evaluation resolution” relating to the construction of a confinement feeding operation structure; and

WHEREAS, only counties that have adopted a construction evaluation resolution can submit to the Department of Natural Resources (DNR) an adopted recommendation to approve or disapprove a construction permit application regarding a proposed confinement feeding operation structure; and WHEREAS, only counties that have adopted a construction evaluation resolution and submitted an adopted recommendation may contest the DNR’s decision regarding a specific application; and WHEREAS,  by adopting a construction evaluation resolution the board of supervisors agrees to evaluate every construction permit application for a proposed confinement feeding operation structure received by the board of supervisors between February 1, 2015 and January 31, 2016 and submit an adopted recommendation regarding that application to the DNR; and  WHEREAS,  the board of supervisors must conduct an evaluation of every construction permit application using the master matrix created in Iowa Code section 459.305, but the board’s recommendation to the DNR may be based on the final score on the master matrix or may be based on reasons other than the final score on the master matrix; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF FREMONT COUNTY that the Board of Supervisors hereby adopts this construction evaluation resolution pursuant to Iowa Code section 459.304(3).  
 

At 9:35 a.m. Motion was made by Morgan to approve the following Resolution 2014-51.  Motion carried unanimously.

RESOLUTION NO.  2014-51

A RESOLUTION PROVIDING FOR A PUBLIC HEARING AND PUBLICATION OF NOTICE IN REGARD TO FREMONT COUNTY ASSIGNING A CERTIFICATE OF PURCHASE AT TAX SALE TO THE FOLLOWING:

WHEREAS, the Fremont County Board of Supervisors proposes to assign the following certificate of purchase at tax sale to Gary and Sandra Ware, Thurman, Iowa, 51654, for $331.00.  Parcel Number 240240122010000 – Str 009-070-043 PT NE NW – TRACT 200’ X 200’ BEG INTER S LN Conklin ST & W LN CO HWY L31 ETC. THURMAN, in the original town of Bartlett, Fremont County, Iowa, according to the recorded plat thereof. THEREFORE, be it resolved that a public hearing on the foregoing proposal shall be held at 10:00 a.m. on the 23rd day of December, 2014, in the Boardroom of the Fremont County Courthouse, Sidney, Iowa, and that the notice of the hearing shall be published as provided by the Iowa Code Section 331.361(2).  The Fremont County Auditor is directed to publish a notice of public hearing in The Sidney Argus Herald, at least four days but not more than twenty days before the date of the public hearing.

Motion to approve made by Morgan.

Adopted this 9th day of December, 2014.
 

At 9:40 a.m. Motion was made by Hickey to sign the 2015 Wellness Contract as presented.  Also present was Dee Owen.  Motion carried unanimously. 

At 9:45 a.m. Motion was made by Morgan to approve petition requesting a recount of votes in the Hamburg Precinct, pertaining to the Farragut/Hamburg School Public Measure Election held on December 2, 2014.  Motion carried unanimously. 

In other business the claims for December 12, 2014 were approved, and the Recorder’s report for the month of November was approved. 

At 10:20 a.m. there being no further business, Hickey made a motion to adjourn.  Motion carried unanimously. 

ATTEST:

Fremont County Auditor                                                                                Bart Bartholomew, Chairman

December 16, 2014:

The Fremont County Board of Supervisors met in regular session on Tuesday, December 16, 2014, in the Fremont County Courthouse Boardroom, with Bartholomew 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 at this meeting.  Present were Sandy Parmenter, Larry Holt, Lonny Mayberry and Speck Hendrickson.   

At 9:00 a.m. Robin Shirley, Clerk of Court, discussed guidelines regarding Courthouse Security and appointing a Fremont County Courthouse Security Committee.  Hickey had questions on how many members should be appointed, and from which departments.  Shirley said she would find out that information from the Court Administration office, and revisit the issue with the board of supervisors.  Hickey made a motion to table until Shirley reports back. Motion carried unanimously.   

At 9:10 a.m. Larry Holt, is concerned with flooding issues on the Riverton Road and travel issues.  Holt was asking why something cannot be done to have a more permanent fix to the highway flooding problems.  Hickey also said the county could not afford to raise the road, but are doing their best to improve the situation.   Holt suggested to barricade the road instead of putting up signs, saying when the water is over the road traffic does drive through the water, which creates a liability issue for the county.  Hickey said he would talk to the engineer about that.    

At 9:25 a.m. Kevin Aistrope, Sheriff, met with the board requesting approval of a new hire.  Motion was made by Hickey to approve the following Resolution 2014-52.  Motion carried unanimously. 

RESOLUTION NO 2014-52

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 16th day of December, 2014, that the following individual shall be approved as Dispatcher/Jailer for the Fremont County Sheriff’s Department, as requested by Fremont County Sheriff Kevin Aistrope.  The effective date of employment shall be December 14, 2014: Devan Hitchcock.  Motion made by Hickey. 
 

At 9:30 a.m. Motion was made by Hickey to approve Contractor’s Application for payment regarding the new LEC.  Motion carried unanimously. 

At 9:45 a.m. Becky Sexton, Twin Lakes Environmental Services,  met with the board with a Variance Request for Parks Finishing, saying Mayberry Land Surveying was hired to do the survey for the hog confinement.  Mayberry used the County’s setback for the building, not aware of the 100’ requirement for the DNR setback.  Sexton said DNR is willing to approve the setback if the county would approve it.  Also present was Lonnie Mayberry and David James.  Motion was made by Hickey to approve the variance.  Motion carried unanimously.   

At 10:15 a.m. the board re-canvassed the Special School Election held December 2, 2014.  The recount board rejected one of the no votes counted by the precinct officials, therefore the Board of Supervisors consider the re-canvass official.      

At 10:20 a.m. Dan Davis, Engineer, met with the board requesting approval of the following:

Motion was made by Hickey to approve payment voucher for HGM Associates on Project #STP-S-CO36(65)--5E-36.  Motion carried unanimously.    

Motion was made by Hickey to approve work in ROW Permit for Roger Stooker to clean ditches in Sec 15-68-42 240th St. & 350 Ave.  Motion carried unanimously.    

At 10:30 a.m. Twila Larson, FREDCO, met with the board and presented FREDCO’s budget for year 2015.  Larson also gave the board a brief update on FREDCO’s current activities.       

At 10:40 a.m. Becca Castle presented a letter from the Mayor of Imogene requesting the county abate taxes on several parcels the City of Imogene purchased at tax sale.  Hickey said they will start the abatement process.      

At 10:50 a.m. Land Application of manure investigation regarding Parks J3 Confinement Site, was discussed earlier in the meeting with Becky Sexton, the board was assured that the complaint had been taken care of.       

At 11:00 a.m. Sign plan of Verification of County receipt of Manure Management Plans & Plans updates regarding Parks Finishing J3.  Motion was made by Hickey to approve signing the verification.  Motion carried unanimously.   

At 11:05 a.m. there being no further business, Hickey made a motion to adjourn.  Motion carried unanimously. 

ATTEST:

Fremont County Auditor                                                                                Bart Bartholomew, Chairman

December 23, 2014:

The Fremont County Board of Supervisors met in regular session on Tuesday, December 23, 2014, in the Fremont County Courthouse Boardroom, with Bartholomew, Hickey 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. 

Also present for this meeting was Shannon Schram, B103 Radio, Eugene Goos, Josh England, Tricia McSorley, Corey Becker, Nick Johnson, Kevin Aistrope Zack Buttercase and Andrew Wake. 

At 9:00 a.m. Becca Castle, representing the City of Imogene, came to the board with a request to purchase Tax Sale Certificates on Sexton Properties in Imogene.  Motion was made by Hickey to approve the tax sale.  Motion carried unanimously.   

At 9:10 a.m. Motion was made by Morgan to approve the following Resolution. 2014-53. Motion carried unanimously.

RESOLUTION NO.  2014-53

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 23rd day of December, 2014 that the following holidays shall be observed by the Fremont County Courthouse Offices during the 2015-year.
 

Motion to approve made by Morgan.
 

At 9:15 a.m. Dan Davis, Engineer, met with the board requesting approval of Survey/Design Contract with HGM for J18 from L68 to M16.  Motion was made by Morgan to approve.  Motion carried unanimously. 

At 9:25 a.m. Motion was made by Hickey to approve Class C/Outdoor Service/Sunday Sales Liquor License for PL County Line, LLC.  Motion carried unanimously. 

At 9:30 a.m. Tricia McSorley, Mills County Attorney, presented a 28E Agreement between Mills County and Fremont County Interdiction Unit.  McSorley explained Mills County Sheriff’s Office and the Fremont County Sheriff’s Office are agreeable to entering into a contract to jointly provide drug interdiction enforcement along the major roadways in both counties and form a Drug interdiction Unit.  McSorley stated that the deputies would not need to be paid overtime to be out there, they would either do flex or have other people cover their shift.  They would be out there 3 to 5  times a month, and be using the current deputies. McSorley said it was not going to cost money to put them out there, and hopefully it will bring a lot of return back and take a lot of drugs off the road.  Motion was made by Morgan to approve the 28E Agreement with Mills County.  Motion carried unanimously. 

Corey Becker, Attorney, discussed changes he will make to a Separation Distance Waiver the board is requesting, Becker will make the appropriate changes and get back to the board. 

At 10:15 a.m. Morgan made a motion to go into Public Hearing to discuss/approve Assignment of Certificate of Purchase at Tax Sale.  Hickey, aye; Morgan, aye; Bartholomew, aye.  With no one from the public present, and hearing no negative comments.  At 10:19 a.m. Morgan made a motion to come out of Public Hearing.  Hickey, aye; Morgan, aye; Bartholomew, aye.  Motion was made by Morgan to approve the following Resolutions regarding the Certificate of Purchase at Tax Sale.  Hickey, aye; Morgan, aye; Bartholomew, aye.

RESOLUTION NO. 2014-54

RESOLUTION APPROVING THE ASSIGNMENT OF CERTIFICATE OF PURCHASE AT TAX SALE TO THE FOLLOWING: WHEREAS, Gary and Sandra Ware, 2038 Waubonsie Ave., Thurman, Iowa 51654, is desirous of obtaining a certificate of tax sale purchase for $331.00 for the following:  Parcel Numbers 240240122010000 – STR 009-070-043 PT NE NW – TRACT 200’ x 200’ BEG INTER S LN CONKLIN ST & W LN CO HWY L31 ETC.  THURMAN, 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 23^rd December, 2014 and,   

WHEREAS, the transfer of said certificate of tax purchase to Gary and Sandra Ware, Thurman, Iowa 51654, is in the better interest of the County and is in the better interest of Gary and Sandra Ware, Thurman, Iowa, 51654 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 23^rd day of December, 2014.   

RESOLUTION NO. 2014-55

ASSIGNMENT OF CERTIFICATE OF TAX SALE PURCHASE

Fremont County does hereby transfer the certificate of tax sale purchase regarding the described real estate to Gary and Sandra Ware, 2038 Waubonsie Ave., Thurman, Iowa 51654 as follows: Parcel Number 240240122010000 – STR 009-070-043 PT NE NW – TRACT 200’ X 200’ BEG INTER S LN CONKLIN ST & W LN CO HWY L31 ETC., Thurman, Iowa.  The county shall endorse the tax sale certificate as necessary to complete this assignment upon receipt of payment of $331.00.

Dated this 23rd day of December, 2014.

ATTEST:

/s/ Joan Kirk                                                                             /s/ Bart Bartholomew, Chairman   aye.      

 Fremont County Auditor 

STATE OF IOWA, FREMONT COUNTY SS:

On this 23rd day of  December, 2014, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Bart Bartholomew, 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/ Diane Owen                                      
Notary Public in and for the State of Iowa           

At 10:30 a.m. Motion was made by Morgan to approve the following Resolution 2014-56.  Motion carried unanimously.

RESOLUTION NO.  2014-56

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 Numbers for the concerned properties are: 440440092000000, 440440129000000, 440440128000000, 440440125000000, 440440124000000, 440440122000000, 440440121000000, 440440031000000, 440440030010000 and 440440030000000, ALL 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 $486.00 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 Morgan to approve resolution.

Dated this 23rd day of December 2014.
 

At 10:40 a.m. Wilbur Henkle, Conservation Board, met with the board of supervisors to discuss the 2015/2016 Conservation Board Budget.  Bob Benton and Speck Hendrickson were also present.  Henkle said they have priced a 2014 mower for $55,000.  Benton said it is time to replace the mower they are now using, saying it is costing $2,000 - $3,000 a year in repairs.  The Conservation Board wanted to inform the board ahead of time that it would be in their budget request.    

At 10:55 a.m. Kevin Aistrope, Sheriff, met with the board to discuss LEC shelving.  Also present were Randy Chapman, Tim Bothwell, Cory Becker, Randy Jones, Derek Aistrope, Steve Owen, Zach Buttercase and Andrew Wake.  Aistrope said he is using Midwest Storage Systems and they are GSA bidders.  The shelving will be placed in several of the LEC rooms with a cost of $88,754.03.  Aistrope wanted to fill the board in because they are going to be installing it soon.       

Regarding Part-Time Personnel Wages, Aistrope is asking the board to allow him to hire his son as a part-time deputy when needed.  He was asking the board to sign a waiver regarding nepotism so his son could fill in as a part time paid deputy when needed.  After several minutes of discussion Hickey said he had a problem with it being father and son.  Hickey said it had nothing to do with the younger Aistrope not being qualified, and saying it is nothing personal.  Morgan said she felt the same way and would stand her ground on it.  She said when it works it works, and when it doesn’t it doesn’t, and it can devastate an organization.  Morgan requested a roll-call vote regarding hiring the sheriff’s son.  Morgan, Nay; Hickey, Nay; Bartholomew, Aye. 

At 11:10 a.m. Speck Hendrickson, met with the board to discuss county insurance.  Hendrickson said he is on Medicare and has his own supplement and he was requesting the board to supplement him for his Medicare Supplement which is $105.00 a month verses paying the county’s insurance.  Morgan said she does not use the county’s insurance and does not request to be reimbursed for it, and knows of others that do the same thing.  Morgan asked for a roll call vote as to whether the county reimburses an employee for not using the county’s insurance.  Morgan, Nay; Hickey, Nay; Bartholomew, Aye.   

At 11:25 a.m. the board decided they would hold a special meeting on January 2, 2015 to swear in new elected officials and set up county boards for the upcoming year.     

In other business claims were approved for December 26, 2014. 

At 11:55 a.m. there being no further business, Hickey made a motion to adjourn.  Motion carried unanimously. 

ATTEST:

Fremont County Auditor                                                                                Bart Bartholomew, Chairman

December 30, 2014:

The Fremont County Board of Supervisors met in regular session on Tuesday, December 30, 2014, in the Fremont County Courthouse Boardroom, with Bartholomew, Hickey 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. 

A claim was approved for hand written warrant.  General Basic Fund; Veterans Affairs, Postage, $200.000.   

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

ATTEST:

Fremont County Auditor                                                                                Randy Hickey, Chairman

November 2014     Home     January 2015