Board of Supervisors Minutes

February 2007

February 2, 2007:

The Fremont County Board of Supervisors met in regular session on Thursday, February 1, 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 6:30 p.m. Minutes of the previous board session were read and approved. The agenda was approved as posted.

Margaret Gregory was present for the meeting.

At 6:30 p.m. Jan Winkler met with the Board and discussed the Public Health budget.

At 7:00 p.m. Trent Tiemeyer of Southwest Iowa Parking Lot met with the Board and presented his bill for asphalt work on the courthouse parking lot. Discussion was held regarding the cause of a portion of the retaining wall to bulge while he was doing the asphalt work. Tiemeyer stated that he didn’t think it was entirely his responsibility; that it happened because the sub-base was bad and gave way. Tiemeyer said he would contact his insurance company and the Board said they would contact Ryan Sjulin so they can get together and discuss the matter.

In other business, the Recorder’s Report of Fees Collected for January 2007 was approved.

The following claims were approved for handwritten warrants. General Basic Fund: Holmes Construction,

Countertops, $1360.24; Secondary Road Fund: Alliance Gas Co., Fuel, $12972.22

At 7:55 p.m., there being no further business, motion was made by Hendrickson to adjourn. Whipple, aye; Hendrickson, aye; Larson, aye.

ATTEST:

Fremont County Auditor                                                                             Chuck Larson, Chairman

February 6, 2007:

The Fremont County Board of Supervisors met in regular session on Tuesday, February 6, 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. Fremont County Engineer Dan Davis met with the Board. Davis is recommending hiring an architect to design a fuel system; approximate cost would be $22,500. Hendrickson felt a lot of people in the county do not want to spend money on a new fuel system. Davis said when they have had public hearings only about five people come in with concerns, mostly regarding bids and the type of systems. If Emergency Management wants to run their office out of the county shop, they would need to have access to a fuel system and generator. Whipple made a motion to hire an architect to start the process. Whipple, aye; Larson, aye, Hendrickson, nay.

Motion was made by Hendrickson to sign a right of way permit for Virginia I. Heng Trust to bore power line in conduit under 262nd Street for center pivot. Hendrickson, aye; Whipple, aye; Larson, aye.

Motion was made by Hendrickson to sign IDOT payment voucher with Kirkham-Michael for Engineer’s Project FM-CO36(46)--55-36. Hendrickson, aye; Whipple, aye; Larson, aye.

At 9:30 a.m. the Board discussed Fremont County property at the former county attorney’s office. Also present were Margaret Gregory, Fremont County Attorney, and Arnold Emberton, Information Technology Director. Items still in her possession are three computer systems, divider inserts for the lateral filing cabinets, Iowa Code annotated volumes, and keys for the filing cabinets. Hendrickson made a motion to sell the computers to Vicki Danley for $1450.00, being a third of the initial cost. Whipple, aye; Hendrickson, aye; Larson, aye.

Margaret Gregory, Fremont County Attorney, met with the Board to discuss the Sheriff’s 28E Agreement with City of Sidney. A 28E agreement has been signed by the Sheriff and Board of Supervisors; the county is now waiting for the city’s approval. Also discussed was the possibility of charging the three cities that have their own law enforcement a fee for utilizing the county’s facility.

Motion was made by Hendrickson to authorize Chairman Larson to approve a Class D Beer Permit for Fremont County Golf Course. Whipple, aye; Hendrickson, aye; Larson, aye.

At 10:00 a.m. Larry Whitehead met with the Board regarding work done on Schultz Drainage. Whitehead presented a copy of the contract bid showing he had permission to do the work.

In other business, claims for February 9, 2007 were approved.

At 12:13 p.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

February 8, 2007:

At 8:30 a.m. on Thursday, February 8, 2007, a department head meeting was held in the Fremont County Courthouse Boardroom. Present were John E. Whipple, Speck Hendrickson, Judy Crain, Art Claiborne, Margaret Gregory, Karen Berry, Nancy Henneman, Steve Whitehead, Arnold Emberton and Joan Kirk. Gregory said she opened 31 criminal cases, one investigation/non-file, six juvenile (CINA) and three delinquency cases in the past month. Also discussed was the grand jury walk-through, courthouse handrail and paper shredder.

The Fremont County Board of Supervisors met in regular session on Tuesday, February 8, 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. Joan Kirk, Auditor, asked the Board to take a look at the room she is currently using to store election equipment. The room is 14’7" by 8’11". Kirk said it is adequate storage, but it is not possible to run an election out of a room that small. In the past, the Auditor’s office has run elections out of the room that is now the Fremont County Attorney’s office. Also present were Arnold Emberton and Steve Whitehead. There will be further discussion on February 13, 2007.

At 10:00 a.m. Tom Fleming with Blue Cross and Blue Shield presented a financial overview and visited with the Board about any questions they may have about the county’s health insurance plan. Fleming did not foresee any big increases in the upcoming year.

At 11:00 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

February 13, 2007:

The Fremont County Board of Supervisors met in regular session on Tuesday, February 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 9:15 a.m. Whipple made a motion to approve the following Resolution 2007-14. Hendrickson, aye; Whipple, aye; Larson, aye.

RESOLUTION NO. 2007-14

A RESOLUTION OF SUPPORT FOR A FREMONT COUNTY GRANT APPLICATION TO THE SOUTHWEST IOWA PLANNING COUNCIL FOR A TRANSPORTATION ENHANCEMENT PROJECT

WHEREAS, Fremont County agrees to serve as the Sponsor/Applicant as outlined in the grant application and supporting materials; and

WHEREAS, Fremont County’s financial activities relating to this grant application will be accounted for IRS auditing and financial reporting purposes; and

WHEREAS, Fremont County is recognized as a tax-exempt entity and will exercise full control over the financial administration, management and disbursement of funds; and

WHEREAS, The development of the Loess Hills National Scenic Byway Guidebook is instrumental in creating an awareness of the Scenic Byway and encourages visitation and tourism activities in addition to way finding assistance;

NOW, THEREFORE BE IT RESOLVED BY THE FREMONT COUNTY BOARD OF SUPERVISORS THAT:

Section 1. Fremont County wholly endorses this project and agrees to serve as Sponsor/Applicant

Section 2. The required matching funds as noted in the application have been collected and will be expended as a part of the project cost

Section 3. Fremont County will adequately maintain the project until which time the guidebooks become outdated or replaced

Motion to approve by Whipple.

PASSED AND APPROVED, this 13th day of February 2007.

ATTEST:

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

At 9:30 a.m. Margaret Gregory, Fremont County Attorney, was not able to attend this meeting. Gregory had prepared two resolutions for hotel/motel tax; one for 2006/2007 the other for 2007/2008. After some discussion, Hendrickson made a motion to table any decision until Gregory could be present. Whipple, aye; Hendrickson, aye; Larson, aye. Also present was Ross Silcock.

At 10:00 a.m. Joan Kirk, Auditor, met with the Board regarding the need for an election room. Arnold Emberton and Karen Berry were also present. After discussing some possibilities, Whipple made a motion to table until Marsha Smith, Clerk of Court, and Margaret Gregory, Fremont County Attorney, could be present.

At 10:30 a.m. Sandie Sillers, Fremont County CPC/Community Services Director, met with the Board to keep them informed on funding for year 2008. Sillers said it is time to start negotiating contracts and just wanted to let the Board know she is going to contract with Waubonsie Mental Health and Omaha Psychiatric. She said Omaha Psychiatric has an office in Sidney.

At 11:00 a.m. Joan Kirk, Auditor, presented the County Budget for the Board’s approval. Whipple made the motion to publish the budget as presented. Whipple, aye; Hendrickson, aye; Larson, aye.

Payroll was approved for February 16, 2007.

At 11:17 a.m., there being no further business, Whipple made a motion to adjourn. Whipple, aye; Hendrickson, aye; Larson, aye.

ATTEST:

Fremont County Auditor                                                                                 Chuck Larson, Chairman

February 15, 2007:

The Fremont County Board of Supervisors met in regular session on Thursday, February 15, 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 was present for this meeting.

Steve MacDonald, Fremont County Sheriff, stopped in to visit with the Board.

At 9:30 a.m. Hendrickson made a motion to approve the following Resolution 2007-15. Whipple, aye; Hendrickson, aye; Larson, aye. Margaret Gregory, Fremont County Attorney, and Ross Silcock were also present.

RESOLUTION: 2007-15

A RESOLUTION AUTHORIZING DISBURSEMENT OF HOTEL AND MOTEL TAX PROCEEDS

WHEREAS, Iowa Code Chapter 432A allows the Board of Supervisors by resolution to impose and collect a hotel and motel tax in the unincorporated areas of Fremont County, and such authority was granted by a special election held on December 6, 2005; and

WHEREAS, proceeds from such tax are or will be received by Fremont County, Iowa, for economic development, tourism and recreation, as allocated by the Board;

BE IT RESOLVED BY THE FREMONT COUNTY BOARD OF SUPERVISORS

That for the fiscal year 2006-2007, monies received shall be disbursed as follows:

                1. 50% to Tourism/Recreation, to be allocated as follows:
                    a. 50% to Welcome Center
                    b. 50% reserved for future allocation.

                2. 50% to Economic Development, to be allocated as follows:
                    a. 86% to FREDCO
                    b. 14% to the general fund of Fremont County, Iowa.

MOVED by: Hendrickson

ATTEST: ROLL CALL

/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. Joan Kirk, Auditor, met with the Board to discuss the need for an election room. Also present were Marsha Smith, Clerk of Court; Margaret Gregory and Karen Berry. Some possibilities discussed were the law library, jury room and conference room. No decisions were made.

At 10:30 a.m. Margaret Henkle, Recorder, met with the Board to let them know she is purchasing a new copy machine.

At 11:00 a.m., there being no further business, Whipple made a motion to adjourn. Whipple, aye; Hendrickson, aye; Larson, aye.

ATTEST:

Fremont County Auditor                                                                                 Chuck Larson, Chairman

February 20, 2007:

The Fremont County Board of Supervisors met in regular session on Tuesday, February 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.

Claims for February 23, 2007 were approved.

At 9:45 a.m. Red Haun stopped in to visit with the Board.

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

ATTEST:

Fremont County Auditor                                                                                  Chuck Larson, Chairman

February 22, 2007:

The Fremont County Board of Supervisors met in regular session on Thursday, February 22, 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. Patrick Hall, Snyder & Associates; Bo Harris, Shenandoah City Administrator; Greg Connell, Economic Development; and Dick Hunt, Mayor of Shenandoah, met with the Board requesting a resolution of support for a RISE application to help provide funding for a proposed industrial access road.  One concern is heavy traffic on Hwy 59; this is expected to be more of a problem when the new ethanol plant is up and running.  Whipple said he discussed the proposed access road with the county engineer and he had some concerns with the railroad track they would have to cross.  Another meeting will be set up when the CEO of Green Plains can be present.  

At 9:30 a.m. Brian Kingsolver joined the meeting. 

At 9:45 a.m. Dan Davis, Fremont County Engineer, met with the Board requesting approval of a DOT payment voucher for HGM design on L-31 box, Project FM Co-36(44)—55-36.  Motion was made by Whipple to authorize Chairman Larson to sign the payment voucher.  Whipple, aye; Hendrickson, aye; Larson, aye.                                                                                                                

At 10:00 a.m. the need for an election room was discussed.  Marsha Smith, Clerk of Court, and Kent Worth, Court Administrator, were present.  They feel there is a need for all of the area they are currently using in regards to the judicial system.  Karen Berry was also present.  Hendrickson made a motion to table any decision.  Whipple, aye; Hendrickson, aye; Larson, aye. 

At 10:35 a.m. Margaret Gregory, Fremont County Attorney, met with the Board to let them know she is trying to get out of a very costly copy machine contract that was entered into by the previous county attorney.  

At 10:40 a.m. Margaret Gregory, Fremont County Attorney, met with the Board in regards to pending litigation.  Hendrickson made a motion to go into closed session according to Iowa Code 2l.5(c) to discuss matters where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation.  Vote: Whipple, aye; Larson, aye; Hendrickson, aye.  Present were Attorney Margaret Gregory, John E. Whipple, Chuck Larson, Earl Hendrickson and Joan Kirk, Auditor.  At 10:51 a.m. motion was made by Whipple to go out of closed session.  Vote: Whipple, aye; Hendrickson, aye; Larson, aye.  No action was taken.       

At 10:55 a.m. Mike Fox presented the following Resolution 2007-16 that was approved January 11, 2007.   

RESOLUTION NUMBER 2007-16

APPROVAL OF THE REVISED 28E AGREEMENT WITH THE FREMONT COUNTY SANITARY

LANDFILL COMMISSION 

THE PURPOSE of this resolution is to approve the revised 28E agreement with the Fremont County Sanitary Landfill Commission. 

WHEREAS, the County of Fremont is required by law to provide for the disposal of its citizens’ waste and to participate in a solid waste comprehensive plan; and,

WHEREAS, the  Fremont County Sanitary Landfill Commission was organized as a 28E agency to oversee the operation of a permitted sanitary landfill for solid waste disposal and to develop a solid waste comprehensive plan; and,

WHEREAS, the County of Fremont has participated in the Fremont County Sanitary Landfill Commission, a 28E organization, to satisfy its requirements for disposal of its citizens’ waste; and,

WHEREAS, it is in the best interest of the County of Fremont to continue to participate in the Fremont County Sanitary Landfill Commission.

NOW THEREFORE, BE IT RESOLVED, that the County of Fremont hereby approves the revised 28E Agreement for the Fremont County Landfill Commission. 

This Resolution passed by the County of Fremont on the 11th day of January 2007.

ATTEST:                                                                                          APPROVED:

/s/  Joan Kirk                                                                               /s/  Chuck Larson
Fremont County Auditor                                                                   Chairman Board of Supervisors
                                                                                                            County of Fremont 

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

At 11:15 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

February 27, 2007:

The Fremont County Board of Supervisors met in regular session on Tuesday, February 27, 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 authorize Vice Chairman Whipple to sign DOT payment voucher for HGM Design on Project FM-CO36(45)—55-36. Hendrickson, aye; Whipple, aye.

At 9:15 a.m. Hendrickson made a motion to use the law library on a trial basis for an election room; this will be reviewed again in November. Hendrickson, aye; Whipple, aye. Also present were Marsha Smith, Karen Berry and Steve Whitehead.

At 10:00 a.m. Greg Connell, Bo Harris, Dick Hunt and Wayne Hoovestol, CEO of Green Plains, met with the Board to discuss the proposed industrial access road. Also present was Fremont County Engineer Dan Davis. The group has decided to slow down and look at other options regarding the access road. Hoovestol gave an overview of the ethanol plant, saying they are currently planning for the middle or end of July to be up and running. Also discussed was temporary road closing while train cars are being filled. Whipple said another issue is the financial issue; Connell agreed that it is an issue for them also. No decision was made at this time.

Payroll was approved for March 2, 2007.

At 10:50 a.m., there being no further business, Hendrickson made a motion to adjourn. Hendrickson, aye; Whipple, aye.

ATTEST:

Fremont County Auditor                                                                                 Chuck Larson, Chairman

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