Board of Supervisors Minutes January 2005

Board of Supervisors Minutes

January 2005

January 4, 2005:

The Fremont County Board of Supervisors met in regular session on Tuesday, January 4, 2005, in the Fremont County Courthouse Boardroom with Aistrope, Larson and Whipple 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 following resolutions were approved.

RESOLUTION NO. 2005-1

WHEREAS, motion was made by Whipple to appoint David Aistrope as Board Chairman and motion was made by Supervisor Larson to appoint John Whipple as Board Vice Chairman.

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 4^th day of January 2005, that Supervisor Aistrope is appointed Board Chairman and Supervisor Whipple is appointed to the position of Vice-Chairman.

ATTEST:

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

RESOLUTION NO. 2005-2

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 4^th day of January 2005, that the Board will hold its regular meetings on Tuesday and Thursday of each week in the office of the Fremont County Courthouse, Sidney, Iowa, commencing at 9:00 a.m. until business is concluded.

Motion made by Whipple.

ATTEST:

RESOLUTION NO. 2005-3

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 4^th day of January 2005, that the Sidney Argus-Herald and the Hamburg Reporter be designated as the County's official newspapers for 2005.

Motion by Whipple.

ATTEST:

RESOLUTION NO. 2005-4

RESOLUTION APPOINTING EMINENT DOMAIN COMPENSATION COMMISSION

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 4^th day of January 2005, that the following persons are appointed as members of the Eminent Domain Compensation Commission for the year 2005.

BANKERS: Martin McCartney, Sidney, IA 51652; Kent Claiborne, Hamburg, IA 51640; Scott Morrical, Sidney, IA 51652; Jason Foster, Hamburg, IA 51640; Grant Schaaf, Randolph, IA 51649; Rose Johnson, Farragut, IA 51639; Jay Longinaker, Randolph, IA 51649 REAL ESTATE: Denise Hammer, Tabor, IA 51653; Harold Snyder, Sidney, IA 51652; Larry Aspedon, Hamburg, IA 51640; Nancy Vanatta, Sidney, IA 51652; Jenna Gregory, Sidney, IA 51652; Cory Gordon, Riverton, IA 51650; John Smith Jr., Tabor, IA 51653 PROPERTY OWNERS: Lowell Sherwood, Percival, IA 51648; Willis Moyer, Sidney, IA 51652; Nancy Newlon,Thurman, IA 51654; Don Peeler, Hamburg, IA 51640; Roger Booker, Riverton, IA 51650; Gerald Head, Imogene, IA 51645; James D. Doyle, Farragut, IA 51639 FARMERS: John Askew, Thurman, IA 51654; Lynn Handy, Percival, IA 51648;Jim Peeler, Hamburg, IA 51640; John C. Whipple, Sidney, IA 51652; Charles Polk, Sidney, IA 51652; Keith Schaaf, Randolph, IA 51649; Steve Lorimor, Farragut, IA 51639.

Motion was made by Larson.

ATTEST:

RESOLUTION NO. 2005-5

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 4^thday of January 2005, that the 2004 utilities as certified to the Auditor by the Iowa State Department of Revenue and Finance be approved, collected, and disposed of as regular taxes, according to taxing district.

Motion to approve made by Whipple.

ATTEST:

RESOLUTION 2005-6

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 4^th day of January 2005, that the 2005 committee appointments are as follows: Supervisor Larson – Empowerment Board, SW Iowa MI, MR, DD, BI, Planning Council, Board of Social Welfare, Waubonsie Mental Health Agency, Recreation, Conservation and Development Regional and Local, Loess Hills Alliance, FREDCO, West Central Development, Emergency Management Commission, Local Emergency Response, Empowerment Board and Landfill Commission. Supervisor Aistrope – Mental Health Board, DECAT Board, DHS Service Advisory Board, Welcome Center Board, Southwest Iowa Transit, Southwest Iowa Planning Commission, Board of Health, and Landfill Commission. Supervisor Whipple – Hungry Canyons Authority, Southwest Iowa Juvenile Emergency Services Board, Workforce and Authority, Fourth Judicial 28E Board, Alcohol and Drug Assistance Agency Inc., Advisory Board for Clarinda Mental Health Center, and Landfill Commission. Aistrope, Whipple and Larson appointed to E911 Board with one vote.

Neal Songer is appointed to Domestic Violence Education and Shelter Board.

Patricia Shull is re-appointed to the Board of Southwest Iowa Transit and Southwest Iowa Planning Commission.

Motion was made by Aistrope.

ATTEST:

RESOLUTION NO. 2005-7

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 4th day of January 2005, that the following be appointed to the Board of Health: David Aistrope, term ending 12-31-2005; Dr. Tom Largen, term ending 12-31-2007; Vivian Lashier, term ends 12-31-2007.

Motion made by Larson.

ATTEST:

At 10:00 a.m. Sheriff Steve MacDonald met with the Board. Motion was made by Larson to authorize Chairman Aistrope to sign a 28E Joint Mutual Aid Agreement with Region Four Fusion Center. Whipple, aye; Larson, aye; Aistrope, aye.

At 10:15 a.m. County Engineer Dan Davis met with the Board. Motion was made by Whipple to authorize Chairman Aistrope to sign a change order for cost expense for new shop with Andersen Construction Co. Larson, aye; Whipple, aye; Aistrope, aye.

In other business, payroll and claims for January 7, 2005 were approved.

There being no further business, meeting adjourned.

ATTEST:

Fremont County Auditor David Aistrope, Chairman

January 6, 2005:

The Fremont County Board of Supervisors met in regular session on Thursday, January 6, 2005, in the Fremont County Courthouse Boardroom with Aistrope, Whipple and Larson present. A quorum was declared and the meeting officially called to order at 9:00 a.m. The agenda was approved as posted. Minutes of the previous Board session were read and approved.

At 9:00 a.m. Dan Davis met with the Board. Motion was made by Whipple to authorize Chairman Aistrope to sign a pay voucher for HGM Associates, Inc. for Alignment Study. Motion carried. Aistrope, aye; Whipple, aye and Larson, aye.

Motion was made by Whipple to authorize Chairman Aistrope to sign a Public Road Right of Way Use Permit for Mid-American Energy for underground construction from 2369 Waubonsie Ave. east along north right of way 36 feet from centerline. Motion carried. Aistrope, aye; Whipple, aye and Larson, aye.

At 10:00 a.m. a public hearing was held, as published, in the Fremont County Courtroom with forty people present. Sheriff Steve MacDonald opened the meeting with a hand-out which in his opinion showed reasons and figures why he was opposed to the sale of County Acres Care facility and would like to see it turned into a county jail. A 90-minute discussion followed. Motion was made by Larson to continue. Motion passed and a continuance is set for Tuesday January 11, 2005 at 10:00 a.m. A full transcript will be on file at the Auditor's office.

In other business, Renewal of Liquor License was approved for Sidney Legion Club.

There being no further business, motion to adjourn was made.

ATTEST:

Fremont County Auditor David Aistrope, Chairman

January 11, 2005:

The Fremont County Board of Supervisors met in regular session on Tuesday, January 11, 2005, in the Fremont County Courthouse Boardroom with Aistrope, Whipple and Larson present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Motion was made by Larson to amend the agenda for today because Craig Marshall cannot come in and he is on the agenda for 9:30 a.m. Motion carried. The agenda was approved as amended. Minutes of the previous Board session were read and approved.

At 9:00 a.m. County Attorney Vicki Danley and Allen Cross with Shenandoah Valley News Today met with the Board. Danley discussed the procedures in continuing with the sale of Country Acres Care Facility. Their meeting was recorded and a full transcript will be on file at the Auditor’s office.

At 10:00 a.m. a continuance of the public hearing of January 6, 2005 was held in the Fremont County Court Room with 26 present. Aistrope conducted the meeting and a 60-minute discussion followed. At the end of discussion Aistrope thanked everyone for coming. He announced it has been put on the agenda that the Board will vote on this public hearing for the sale of Country Acres Care Facility, Thursday the 13^th of January 2005 at 9:30 a.m. This meeting was recorded and a full transcript will be on file at the Auditors office.

At 11:00 a.m. Rollie Roberts stopped in to visit with the Board regarding a contribution to Loess Hills Alliance organization. They are trying to get some emergency funding for administrative costs. The Board will put this on the agenda for January 13, 2005 at 10:30 and make a decision regarding the emergency funding.

There being no further business, meeting adjourned.

ATTEST:

Fremont County Auditor David Aistrope, Chairman

January 13, 2005:

The Fremont County Board of Supervisors met in regular session on Thursday, January 13, 2005 in the Fremont County Courthouse Boardroom with Chuck Larson, John E. Whipple, David Aistrope, Board Members; Joan Kirk, Auditor; Vicki Danley, County Attorney. Also present were Dan Davis, County Engineer and Alan Cross, Valley News Today. Aistrope announced that the meeting was called to order and the meeting will be recorded. Aistrope said the first thing we needed to do was approve the agenda as amended and asked if he had a motion to approve the agenda as amended. Larson made the motion to approve the agenda as amended. Aistrope asked for any further discussion and there being none asked for a vote. Aistrope, aye; Whipple, aye and Larson, aye.

At 9:00 Dan Davis, the County Engineer, met with the board to discuss streetlights at the Crossroads. Dan said he talked to Les Robbins and he asked if the County would pay for maintenance on five streetlights he installed. Maintenance would be approximately $48.00 a month. Discussion followed. Whipple made a motion to turn this request down. Aistrope called for a vote. Aistrope aye; Whipple, aye and Larson, aye.

Davis recommended the Chairman of the Board sign a Certificate of Substantial Completion for the Fremont County Shop/Administration Building. Aistrope said it was on the agenda to sign Certificate of Substantial Completion of New Shop. Discussion followed. Larson made a motion for Chairman Aistrope to sign the Certificate of Substantial Completion. Aistrope called for a vote. Aistrope, aye; Whipple, aye and Larson aye.

At 9:30 Aistrope announced that we are recording this meeting and asked everyone present to introduce him or herself. Steven Howard MacDonald, Nancy Vanatta, Kevin Aistrope, Emily Bengston, Mary Ann Waltz, Harold Snyder, Alan Cross, Robert Birkby, James Baylor and Sandi Sillers. Aistrope announced that we are here to vote on whether to sell Country Acres Care after two hearings, a public hearing and a continued public hearing. Aistrope said he would like to open for the Board to discuss. This is not a hearing this is a Board decision. Aistrope said he was open for motion or any solution you may have. Whipple asked Danley if she would give her advice to the Board. Danley said it was her advice to the Board that the prior proceedings, not including the resolution that was published and the public hearing, before the listing agreement was signed and before the purchase agreement was signed were not in compliance with law and those two documents were void. It’s my advice to the Board that it’s not appropriate at this time to complete the sale. Larson made a motion not to go ahead with the sale, he voted not to accept the offer the first time and he is going to stay with that. Aistrope recognized that they had a motion from Larson not to sell Country Acres Care. Aistrope asked if there was any further discussion from the Board. Aistrope said when I call for a vote I will let you make your reason for your position on the vote. There being no further discussion from the Board I will call the vote. John Whipple, Vice Chairman - Based on the County Attorney’s opinion I’m going to have to vote in favor of the motion at this time and when this vote is taken I would like to make another motion concerning the same process. Chuck Larson, Aye. David Aistrope, Nay. Aistrope said one of the reasons we decided to sell Country Acres Care was maintenance of the building. We have put a lot of money into this building. We have worked on different sections of the roof as it takes a lot of maintenance. It has a private well with a complex water system. We have been told that the reservoir will have to have some extensive work done. Another well would probably have to be dug for back up and a sprinkler system would have to be added. The water has to be checked every month. It has an extensive heating system of three main furnaces to cover the way the building is constructed. We have replaced one of the central air conditioners and there are several individual units that are getting some age on them. The driveway and bridge would probably have to be replaced because of the traffic it would have on it with the sheriff department using it. I was in favor of selling the Country Acres because I think it will be a business that will employ more workers in the county. It will be put on the tax roll. They operate two other similar businesses. After paying $225,000 for this property, they will operate it as a moneymaking business. This business will be good for the pharmacy businesses in the county. This property is set up for this type of business and should be used for that. I am not saying that Fremont County does not need to expand the jail facility but I think the money that it will cost to change this property into a jail is going to be much more than Steve thinks. There are other avenues to study and still have another business in Fremont County. Steve also uses the pharmacy for his prisoners. We will lose the commission paid to the realtor if this is not passed as they have a buyer. Aistrope said he is not real sure we will have to the pay the commission but would have to check into that. I am willing to listen to other plans for the jail. We bought the lot north of the jail because Steve asked us to buy it. I think that plan will be in the new study that we are doing on the existing jail now. I have given this much thought before making my final decision. As you can see this has not been a "speedy" sale. Aistrope said that is the way he stands on it. We have had resolutions that we were going to sell it several times. We had one in July and we had another the 28^th day of December that we were going to sell it. According to the County Attorney, I know she has said there is some area involved when we listed it that we didn’t do a resolution at that time. We have had several resolutions and several hearings and this will be an expense to the county. I think the motion will carry as no sale. Whipple made a motion that they direct the County Attorney to prepare the necessary paper work for a new listing and to continue the process. I do believe that this is economically unfeasible to use as a jail system. Aistrope asked if that was a motion. Whipple said yes. Aistrope said we have a motion to direct the County Attorney to start the process over again with the proper legal work. Aistrope asked if there was any further discussion from the Board. Aistrope called for a vote. Whipple Aye, Larson Nay, Aistrope Aye. Danley asked to be put on the agenda for January 20^th and she will prepare Resolutions. Whipple said he had a couple more comments he would like to make and this concerns Steve’s statement at the public hearing. He lead the public to believe that the supervisors have not allowed him to purchase any new vehicles in the last four years and all their cars have over 100,000 miles on them. Later he said Kevin got a new pickup. There was a pickup bought July 5, 2002, a pickup bought June 20, 2003, and a Durango bought April 23, 2004. Steve said the Durango was a replacement vehicle for one that was wrecked. Aistrope asked MacDonald if he would like to look at a mileage chart from a credit company; three vehicles have less than 100,000 miles. MacDonald said he stands corrected. MacDonald asked if he had to get on the agenda to do a feasibility study out there. County Attorney said if he wants to propose that, you will have to ask the Board to be on the agenda. Aistrope said that ends the discussion of the Board. Any visitors? Harold Snyder asked if they are going to start the process over asking for bids. Danley said they mean list it. Aistrope said list it with a realtor. Danley said do the proposal to list it, that’s what he meant. Sandie Sillers asked if the bid they have is still valid. Aistrope said not necessarily that the contract said the closing is on the 19^th and asked Nancy Vanatta to verify. Aistrope said they may have to start over without a buyer. Harold Snyder asked exactly what was wrong with the listing agreement. Danley said there was no Resolution to list and the Board does not have the authority to sign such an agreement. Snyder asked if she knew that the day before she asked him to go down and get a signed written listing. Danley said "Yes" she knew it, I wanted to know what the Board had done and I didn’t know what the Board had done. Snyder asked why she didn’t say something about it that day. Danley said we will talk about this later privately, this isn’t appropriate place to have this discussion. I think probably you should have your attorney ask me. Aistrope said he thinks she was involved all the way through. Danley said no she was not involved all the way through. Aistrope said maybe not particularly when we signed the thing but the offers they brought in. You were here. Danley said she begs to differ, that she was not here, she read about it in the paper. On the sealed bid I was here because I prepared the Resolution and there was a public hearing. On the offers I was not here and that is all I have to say about it. I was not here. If you want to discuss this privately with me fine. My statement to the public on the tape recorder is that I was not here. I read it in the paper. I didn’t know what you had done until I asked Mr. Snyder to provide me with a written copy. The auditor did not produce a written copy for me because she was new and couldn’t find it. I got it from Harold Snyder that’s all I have to say about it. Nothing further that the board wants to direct me to do I will leave. Nancy Vanatta said their attorney said everything was okay. Aistrope said his hands are tied.

At 10:00 a.m. the Board reviewed the Treasurer’s Semi-annual Report. Larson made a motion to accept the Treasurer’s Semi-annual Report and for Chairman Aistrope to sign. Aistrope, aye; Whipple, aye and Larson aye.

At 10:30 a.m. the Board discussed Rollie Roberts being here on Tuesday, January 11, 2005 asking for a contribution regarding administration costs for Loess Hills Alliance. After a short discussion, motion was made by Larson to wait until we get further into our budget process and put it back on the agenda for the end of February to make a decision. Aistrope, aye; Whipple, aye and Larson aye. Motion carried.

At 11:00 a.m. Joel Dirks with West Central Development met with the Board to thank them for last year’s $3,000 contribution. He handed out a report showing where West Central Development spent $692,000 in Fremont County and asked the board to consider another contribution this year. Whipple made a motion to delay a decision until they started working on the budget. It was decided that the Board would wait until they are working on the budget to decide. Aistrope, aye; Whipple, aye and Larson aye. Motion carried.

ATTEST:

Fremont County Auditor David Aistrope, Chairman

January 18, 2005:

The Fremont County Board of Supervisors met in regular session on Tuesday, January 18, 2005, in the Fremont County Courthouse, Boardroom, with Aistrope, Whipple 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. Aistrope announced that the meeting was called to order and the meeting would be recorded. The Board reviewed the County Recorder’s Monthly Report, Sheriff’s Monthly Report and Commission of Veteran Affairs Monthly Report. Whipple made the motion to approve. Aistrope, aye; Whipple, aye and Larson, aye.

At 9:00 a.m. present for the board meeting were, Ron Moyer, visitor; Trent Nelson, Hamburg Reporter; Vicki Danley, County Attorney; Steve MacDonald, Sheriff; Nancy Vanatta, Realtor; Harold Snyder, Realtor. Nancy Vanatta presented a Preliminary Listing Agreement to the Board regarding the sale of Country Acres Care.

At 9:30 a.m. Steve MacDonald, Fremont County Sheriff, was in to see the Board regarding a feasibility study on Country Acres Care. Discussion followed. MacDonald said he would contact the architects regarding some questions the Board had about the study.

In other business, payroll and claims for January 21, 2005 were approved.

There being no further business, meeting was adjourned.

ATTEST:

Fremont County Auditor David Aistrope, Chairman

January 20, 2005:

The Fremont County Board of Supervisors met in regular session on Thursday, January 20, 2005, in the Fremont County Courthouse, Boardroom, with Aistrope and Whipple present. Supervisor Larson was attending a Statewide Supervisors meeting in Des Moines. At 9:00 a.m. Chairman Aistrope called the meeting to order and stated that the meeting was being recorded. He then asked those present to state their name and position. Present were Vicki Danley, County Attorney; June Hardy, Assistant Auditor; Harold Snyder, Fremont County Realty; Nancy Vanatta, Fremont County Realty. Aistrope stated that they needed to approve the agenda as amended as Jon Johnson would not be coming in regarding assignment of certificate of tax sale. Motion was made by Whipple to approve the agenda as amended. Aistrope asked if there was further discussion and there being none, called for a vote. Whipple, aye; Aistrope, aye.

Aistrope stated that they were there to discuss and possibly sign some resolutions in regard to Country Acres Care and then turned it over to County Attorney Vicki Danley. Danley stated that in drafting the resolutions that it seemed to her that what the Board was wanting to do was to have a public hearing so as to go ahead and totally complete the sale of Country Acres Care as quickly as possible without two public hearings. Aistrope said he thought it would be the cheapest way for the County. He asked Danley if it would be legal to just publish the notice of hearing one time. Danley stated that it would be legal to just publish it once. Trent Nelson from The Hamburg Reporter and Steven MacDonald, Sheriff, arrived at the meeting. After discussion, motion was made by Whipple to set the date for the public hearing for February 3rd at 7:00 p.m. in the Courtroom. There being no further discussion, Aistrope called for a vote. Whipple, aye; Aistrope, aye. Motion was made by Whipple to direct the Auditor to publish a resolution and notice of public hearing in the two official county newspapers on January 27. Whipple, aye; Aistrope, aye. Discussion was held concerning contents of the facility and an easement for the public across the portion of property used as a driveway. Motion was made by Whipple to approve Resolution No. 2005-8 and Notice of Public Hearing as presented by the County Attorney. There being no further discussion. Aistrope called for a vote: Whipple, aye, Aistrope, aye.

RESOLUTION NO. 2005-8

A RESOLUTION PROVIDING FOR A PUBLIC HEARING AND PUBLICATION OF NOTICE IN REGARD TO THE PROPOSED LISTING OF FREMONT COUNTY PROPERTY KNOWN AS COUNTRY ACRES CARE WITH REAL ESTATE AGENTS, PROPOSED NEGOTIATION OF LISTING TERMS, SIGNING OF A LISTING AGREEMENT, NEGOTIATION OF A SALE PRICE AND TERMS AND CONDITIONS OF A PURCHASE AGREEMENT INCLUDING PERSONAL PROPERTY, GIVING OF DEED, RECEIVING OF PURCHASE PRICE, PAYMENT OF COMMISSION AND ALL ACTION NECESSARY TO COMPLETE THE SALE OF THE FREMONT COUNTY PROPERTY KNOWN AS COUNTRY ACRES CARE BY THE FREMONT COUNTY BOARD OF SUPERVISORS WITHOUT FURTHER NOTICE TO THE PUBLIC, WITHOUT FURTHER STUDY OF THE MATTER OR FURTHER PUBLIC HEARING.

WHEREAS, Fremont County owns certain property, to: wit: Parcel A according to the Plat of Survey of Part of the NE ¼ NE1/4 and Part of the NW ¼ NE1/4 Section 15-68-42, as recorded in Book 11, page 92 in the Office of the Fremont County Recorder, more particularly described as follows:

A parcel of land located in part of the NW1/4 NE1/4 and in part of the NE1/4 NE1/4 of Section 15, Township 68 North, Range 42 West of the 5^th Principal Meridian, Fremont County, Iowa, said parcel being more fully described as follows:

Commencing at the North ¼ Corner of said Section 15, thence N90° 00¢ 00² E along the North line of said NW1/4 NE1/4 a distance of 1228.26 feet to the Point of Beginning: thence continuing N90° 00¢ 00² E along said North line a distance of 71.08 feet to a point on a curve, concave Southwesterly having a central angle of 25° 03¢ 38² and a radius of 345.00 feet; thence Southeasterly along a portion of said curve an arc length of 143.65 feet with a chord bearing and distance of S51° 58¢ 17² E, 142.62 feet to the end of said curve; thence S40° 02¢ 34² E a distance of 751.48 feet; thence N53° 33¢ 06² E a distance of 29.41 feet; thence S36° 05¢ 05² E a distance of 201.69 feet; thence N81° 54¢ 35² E a distance of 112.83 feet; thence S66° 57¢ 15² E a distance of 122.69 feet; thence S08° 14¢ 45² W a distance of 397.94 feet; thence S80° 13¢ 24² W a distance of 376.28 feet; thence N56° 11¢ 19² W a distance of 147.90 feet; thence N01° 16¢ 25² E a distance of 201.44 feet; thence N55° 54¢ 04² E a distance of 335.29 feet; thence N40° 02¢ 34² W a distance of 940.13 feet to the beginning of a curve, concave Southwesterly having a central angle of 25° 03¢ 38² and a radius of 315.00 feet; thence Northwesterly along said curve an arc length of 137.78 feet with a chord bearing and distance of N52° 34¢ 23² W, 136.68 feet to the end of said curve; thence N65° 06¢ 12² W a distance of 57.23 feet to the point of Beginning. Said parcel contains 5.58 acres, more or less, including presently established county road right-of-way (0.03 ac.) and is subject to easements of record. Note: The North line of the NE1/4 of said Section 15 is assumed to bear N90° 00¢ 00² E for this description.

*Fremont County will reserve an easement for ingress and egress for the public across the portion of the property used as a driveway to reach and maintain the cemetery west of the described parcel.

and

WHEREAS, the property is the approximately five-acre-parcel which includes an 11,603 square foot (more or less) main building, a 1,664 square foot (more or less) garage with heated shop, 5000 bushel grain bin, 672 square foot (more or less) steel shed and miscellaneous other out-buildings, and which farm and complex of buildings were formerly operated as the county farm, and which has been appraised as being worth in excess of $400,000 and

WHEREAS, the Fremont County Board of Supervisors are of the opinion that is no longer financially feasible to operate or lease the facility; that no other county use is feasible and that it is in the best interests of Fremont County citizens and taxpayers to sell Parcel A, and

WHEREAS, the Fremont County Board of Supervisors proposes to list the said Parcel A—including 5.58 acre parcel of real estate and the buildings, with a realtor, negotiate listing terms, sign a listing agreement, negotiate a sale price and a purchase agreement, give deed, receive payment, pay commission as agreed in writing and otherwise complete the sale of the land and buildings and contents including a generator should a buyer be found without further notice to the public, without further consideration of the property for any other county uses or the obtaining of any expert opinion, without any further study of the matter whatsoever or further public notice or hearing.

NOW, THEREFORE, BE IT RESOLVED: A public hearing on the proposed listing of the property with a realtor, the terms or conditions of the listing, the signing of a listing agreement, negotiating of a sale price and purchase agreement and terms and signing thereof, the receipt of payment, giving of deed, payment of commission and otherwise completing the sale of Parcel A including 5.58 acres and buildings and contents including a generator all by the Fremont County Board of Supervisors without further study of the matter, without consideration of other county uses or the obtaining of expert opinion, without further public notice or hearing, will be held at 7:00 p.m. on the 3^rd day of February, 2005, in the Courtroom of the Fremont County Courthouse, Sidney, Iowa as provided by 331.361 (2)(a.). The notice of the public hearing shall be published as provided by Iowa Code Section 331.305. The Fremont County Auditor is directed to publish a notice of public hearing in the Hamburg Reporter and Sidney Argus Herald once, at least four days but not more than twenty days before the date of the public hearing.

IT IS FURTHER RESOLVED THAT after the public hearing, the Board of Supervisors may make a final determination of the proposal by resolution.

Motion to approve made by Whipple.

Adopted this 20 day of January, 2005.

ATTEST: Roll Call:

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

Prepared and submitted by Vicki Danley, Fremont County Attorney.
Danley stated that she would e-mail the Notice of Public Hearing and Resolution to the two county newspapers.

At 9:45 a.m. County Engineer Dan Davis met with the Board. Motion was made by Whipple to authorize Chairman Aistrope to sign contracts and bonds on J32 asphalt widening and resurfacing, Project FM-CO-36(37)--55-36. Whipple, aye; Aistrope, aye. Motion was made by Whipple to authorize Chairman Aistrope to sign DOT Voucher for Printing Plans for Project FM-CO-36(37)--55-36. Whipple, aye; Aistrope, aye.

At 10:15 a.m. Nancy Vanatta met with the Board and presented information on a new listing she has on the property next door to the Coffman property that was purchased in 2002 to go with the jail property. Aistrope said the Board would take it into consideration but cannot do anything at this time.

At 10:30 a.m. Les Robbins met with the Board regarding lights at Crossroads drive. Dan Davis was also present. Robbins explained to the Board that he had contracted Atchison-Holt on his own and had five lights installed along the highway frontage at Crossroads drive. He stated that he felt there was a need for lights because of the nighttime traffic and the lights had made it safer at that end of the drive. He said he did not know that he needed to contact the County Engineer before having the lights installed. He apologized for not coming in earlier. Aistrope stated that any time any work is done in the right-of-way that prior approval is needed. Robbins stated that since he had paid the initial cost of $750.00, he was asking the Board to consider paying the monthly light and maintenance bill of $50.00. He explained that the bill includes all maintenance, which would be taken care of by Atchison-Holt, that there would be no maintenance for the County. Motion was made by Whipple to pay the bill. Whipple, aye; Aistrope, aye.

There being no further business, meeting was adjourned.

ATTEST:

Fremont County Auditor David Aistrope, Chairman

January 25, 2005:

The Fremont County Board of Supervisors met in regular session on Tuesday, January 25, 2005, in the Fremont County Courthouse, Boardroom, with Aistrope, Whipple 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. Present were Dan Davis, Art Claiborne, Karen Berry and Steve Whitehead. The new County Personnel Policy Manual was discussed and the question was asked if every department needed to sign off before it could be used. Larson said that talking with David Vestal, ISAC Deputy Director, at the New County Officers Meeting in January said all departments do not have to sign off the new manual before it can be used. The Board has provided Renee’ Von Bokern a copy and will discuss it with her in a telephone conference January 27, 2005. Larson reminded everyone that any new county employee would need to be hired subject to the Board’s approval. Dan Davis said he would make a list of employees for the Board to approve.

At 9:00 a.m. County Engineer Dan Davis met with the Board. Motion was made by Larson to authorize Chairman Aistrope to sign IDOT payment vouchers with HGM on two Farm to Market Projects: J-10 Box, Project FM-CO36 (38)--55-36 and L-64 Box, FM-CO36 (39)--5-36. Larson, aye; Aistrope, aye; Whipple, aye.

At 9:30 a.m. Sandie Sillers met with the Board regarding State Case Status. Sillers said she went to a regional meeting and discussed changes in the near future and transitions she will be making later down the road.

At 9:45 a.m. Whipple made a motion to approve a Resolution Changing and Correcting Appointments to Eminent Domain Compensation Commission. Larson, aye; Aistrope, aye; Whipple, aye.

RESOLUTION NO. 2005-9

RESOLUTION CHANGING AND CORRECTING APPOINTMENTS TO EMINENT DOMAIN COMPENSATION COMMISSION

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 25^th day of January 2005 that the following correction is made to members of the Eminent Domain Compensation Commission for the year 2005.

BANKERS:

Scott Morrical, Sidney, IA 5l652 – named misspelled
Scott Monical, Sidney, IA 5l652 – Corrected

REAL ESTATE:

John Smith Jr., Tabor, IA 5l653- no longer licensed salesperson
John Sheldon, Hamburg IA 5l640 licensed salesperson added

Motion was made by Whipple.

Attest:

At 10:00 Steve MacDonald, Fremont County Sheriff; Steve Davis, Architect, and Rick Freeman, Director of Project Development for HMN Architects, Inc. and Trent Nelson from The Hamburg Reporter were present. Discussion followed on the feasibility study being done on the current facility and the possibility of doing a study on Country Acres Care Facility. Davis & Freeman said it would probably be the first of February before they could get back with the feasibility study on the current jail. MacDonald also requested a line item for impound expense, which was approved by the board.

At 11:00 Don Bartholomew met with the Board regarding the EMS Budget.

ATTEST:

Fremont County Auditor David Aistrope, Chairman

January 27, 2005:

The Fremont County Board of Supervisors met in regular session on Thursday, January 27, 2005, in the Fremont County Courthouse, Boardroom, with Aistrope, Whipple 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 had a conference call with Renee’ Von Bokern regarding union contract negotiations and County Personnel Policy Manual. She will review the manual and get back to the Board regarding any recommendations she may have.

At 9:15 a.m. Brent Lorimor, Gary Thien, Kurt Henstorf and Doug Hobbie visited with the Board regarding Green Plains Energy.

At 10:00 a.m. Motion was made by Larson to approve resolution appointing Trisha Holt as part time Deputy Recorder. Motion Carried. Larson, aye; Aistrope, aye; Whipple, aye.

RESOLUTION NO. 2005-10

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 27^th day of January 2005, that Trisha Holt be appointed as Part time Deputy Recorder as approved in Board session minutes for January 27^th, 2005, with commission to expire December 31, 2006 unless sooner revoked or when said deputy ceases to perform said named duties.

Motion made by Larson.

ATTEST:

At 10:30 a.m. Steve Whitehead requested the Board’s approval of carpet in various offices of the Courthouse. Larson made a motion to approve. Larson, aye; Aistrope, aye; Whipple, aye.

At 10:45 a.m. Arnold Emberton met with the Board to discuss a new recorder for the Boardroom.

At 11:00 a.m. the Board approved sending a letter to the Water Department Commissioner letting them know Country Acres Care Facility is not being used as a custodial unit at this time so testing can be done at a later date.

There being no further business, meeting was adjourned.

ATTEST:

Fremont County Auditor David Aistrope, Chairman

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