Board of Supervisors Minutes March 2002

Board of Supervisors Minutes

March 2002

March 4, 2002:

The Fremont County Board of Supervisors met in regular session on Tuesday, March 5, 2002, in the Fremont County Courthouse, Boardroom, with Aistrope, Hickey and Whipple present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Whipple moved to approve the agenda as posted; vote carried unanimously. Supervisor Whipple moved to approve the minutes of the previous Board session; vote carried unanimously.

At 9:00 a.m. the Board of Health held a meeting in the Boardroom.

At 9:30 a.m. Mike Fox met with the Board in regards to an audit at the Landfill. The Board told him the Landfill Commission would need to contact either the State Auditor’s Office or a firm that does financial audits.

Jim Owens from Secondary Road stopped in to visit with the Board. He said that no one else had bid on the ditch-cleaning project by Moyer’s and Homeyer’s. The Board told him if they received no other bids on this project to proceed with the one they had.

Prior to the Budget Hearing we received an E-Mail from the County Attorney regarding her budget.

At 10:00 a.m. the public hearing for the Fremont County Budget for 2002/2003 was held. Jim Owens was present. After discussion and with no objections, the following resolutions were passed to approve the 2002/2003 Fremont County Budget.

RESOLUTION REGARDING SALARY INCREASES RECOMMENDED BY THE COMPENSATION BOARD:

WHEREAS, the Fremont County Compensation Board has recommended raises of a four percent increase for the County Attorney, Sheriff, Supervisors, Auditor, Recorder and Treasurer, and

THEREFORE, be it resolved by the Fremont County Board of Supervisors this 5^th day of March, 2002, that the recommended raises of 4% increases are approved. The Fremont County Attorney will receive an increase of $1,724; the Fremont County Sheriff an increase of $1,639; the Fremont County Auditor, Recorder and Treasurer an increase of $1,344; the Fremont County Supervisors an increase of $839.

Motion to approve made by Hickey, seconded by Whipple, carried unanimously.

ATTEST:

/s/ Lucille Hunt                                        /s/ David Aistrope, Chairman   aye
Fremont County Auditor                        /s/ Keith Hickey                          aye
                                                                 /s/ John E. Whipple                          aye

RESOLUTION: BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors, this 5^th day of March, 2002, the following

Chapter 405A replacement revenue be credited to the general fund.

Rewiring of the courthouse will be paid from local option taxes that were designated for that purpose from the previous two years.

Secondary Road Fund Balance-Unreserved/Designated for the near future - $1,500,000 designated for building improvements for the Secondary Road Department

Motion was made by Hickey, seconded by Whipple, carried unanimously.

ATTEST:

RESOLUTION FOR ADOPTION OF BUDGET AND CERTIFICATION OF TAXES:

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 5^th day of March, 2002, that the proposed budget for fiscal year July 1, 2002 – June 30, 2003, after one public hearing as required by law on March 5, 2002, be adopted as proposed and published. Property taxes levied will be as follows: County wide levies: General Basic amount of $1,338,283.00 with a rate of 3.5000, General Supplemental amount of $260,491.00 with a rate of .68126, MH-DD Services Fund amount of $441,014 with a rate of 1.15338, with a countywide valuation without gas and electric of 382,366,464. Rural Services with a valuation without gas and electric of 296,101,837, for an amount of $844,385.00 at the rate of 2.85167. Grand total dollars is $2,884,173.00.

Motion to approve by Whipple, seconded by Hickey, carried unanimously.

ATTEST:

Payroll for March 8, 2002 was approved and the following claims were approved.

There being no further business, motion for adjournment was made.

ATTEST:

Fremont County Auditor David Aistrope, Chairman

March 6, 2002:

The Fremont County Board of Supervisors met in special session on March 6, 2002, at 1:30 p.m. to hear a grievance hearing by Marci Prier. The meeting was held according to the Fremont County Handbook for employees. Present were Aistrope, Hickey, Whipple, Attorney Eric Hansen, Marci Prier and Lucille Hunt. Prier requested a closed session. Motion was made by Hickey to go into closed session according to Iowa Code 21.5 (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; Hickey, aye; Aistrope, aye. Went into closed session at 1:33 p.m. At 2:45 p.m. motion was made by Hickey to go out of closed session. Vote: Whipple, aye; Hickey, aye; Aistrope, aye. Meeting adjourned.

ATTEST:

Fremont County Auditor David Aistrope, Chairman

March 7, 2002:

The Fremont County Board of Supervisors met at 8:30 a.m. on Thursday, March 7, 2002, to continue a grievance hearing for Marci Prier. Present were Supervisors Aistrope, Hickey and Whipple, County Attorney Vicki Danley and Assistant Auditor June Hardy. Vicki Danley requested a closed session. Motion was made by Whipple to go into closed session at 8:37 a.m., according to Iowa Code 21.5(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; Hickey, aye; Aistrope, aye.

At 9:02 a.m. motion was made by Whipple to go out of closed session. Vote – Whipple, aye; Hickey, aye; Aistrope, aye.

Whipple moved to approve the agenda as posted; vote carried unanimously. Supervisor Hickey moved to approve the minutes of the previous Board session; vote carried unanimously.

At 9:05 a.m. County Engineer Dan Davis and Mike Batenhorst met with the Board for a decision on the bids for a new tractor-boom rotary mower. Also present were representatives from Road Builders Machinery and Supply Co., Inc. and Murphy Tractor and Equipment Co. After discussion, motion was made by Whipple to accept the bid from Athen Implement of $49,200.00 with trade for the 2002 John Deere 6420 with Diamond DB-50C 50" Rotary Boom Mower. Motion was seconded by Hickey and carried unanimously.

At 9:15 a.m. motion was made by Hickey, seconded by Whipple, to authorize Chairman Aistrope to sign the Plan for Developing Priorities for the West Tarkio Watershed. Motion carried unanimously.

At 9:30 a.m. Cory Gordon met with the Board to discuss closing on the C. S. Johnson Trust and the issuance of a hand-written warrant. Dan Davis was present. This will be put on the Board agenda to be approved Tuesday, March 12.

In other business, the Sheriff’s Monthly Report and the Recorder’s Report of Fees Collected were approved.

There being no further business, motion for adjournment was made.

Hickey left to attend a four-county meeting in Stanton.

ATTEST:

Fremont County Auditor David Aistrope, Chairman

March 12, 2002:

The Fremont County Board of Supervisors met in regular session on Tuesday, March 12, 2002, in the Fremont County Courthouse, Boardroom, with Aistrope, Hickey and Whipple present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Whipple moved to approve the agenda as posted; vote carried unanimously. Supervisor Whipple moved to approve the minutes of the previous Board session; vote carried unanimously.

At 9:00 a.m. County Engineer Dan Davis met with the Board. Motion was made by Hickey to authorize Chairman Aistrope to sign an IDOT payment voucher to HGM Associates, Inc., for project number BROS-CO36(31)—5F-36. Motion was seconded by Whipple and carried unanimously. Motion was made by Hickey to authorize Chairman Aistrope to sign two approvals of underground construction on county highway right of way: to the City of Riverton for underground construction of 4" PVC force main and field entrance on Secondary Road approximately 0.5 miles south from SCL-Riverton, Iowa, Section 29, T68N, R41W and to Lynn Binder for underground construction of 8" PVC irrigation pipe 48" depth on county road 240^th Avenue, 4 miles west from Sidney, Iowa, 13-68-43. Motion was seconded by Whipple and carried unanimously. Motion was made by Whipple to authorize Chairman Aistrope to sign contracts for Right of Way between: Randy A. Schaeffer and Becky J. Schaeffer and Fremont County, project number L-16-22-3, for a permanent easement of 0.08 acres and a temporary easement of 0.17 acres; between Kenneth Carl Welchans and Peggy S. Welchans and Fremont County, project number L-16-22-3, for a permanent easement of 0.13 acres, a temporary easement of 0.12 acres and 2.4 rods of fence; between Leroy Carpenter Bowman, ETAL, and Fremont County, project number L-16-22-3, a permanent easement of 0.08 acres and a temporary easement of 0.31 acres. Motion was seconded by Hickey and carried unanimously. The closing on land from C. S. Johnson Trust was moved to Thursday morning.

At 10:00 a.m. Sheriff Steven H. MacDonald met with the Board in regards to his response to a state audit question regarding overtime compensation of two Sheriff’s Department employees in administrative positions.

It was recommended in the audit that the Board of Supervisors should consult legal counsel to determine the disposition of this matter. Sheriff MacDonald questioned the Board about the gas tax refund received by the Secondary Road Department. Sheriff MacDonald said he applies for a gas tax refund when he fills at various gas stations. Some of the gas stations deduct the state tax from the Sheriff’s bill.

At 10:30 a.m. Jerry Birkby met with the Board in regards to a basin in the Missouri Valley Drainage District. Mr. Birkby said the present basin is full and the land owners request to make a new basin. They would like to run the water in a ditch along the county road to make a new basin. Jerry Birkby said he would like to be with the County Engineer when he looks at the road right of way to see if this is possible.

At 11:00 a.m. Tom Bouska from the Department of Human Services met with the Board. He said he was cutting staff in Fremont County by April 15^th instead of July 1. He said there would be two DHS staff in Fremont County either two half days a week or two DHS staff one day per week. He reported that staff was cut from 181 for sixteen counties to 171. The supervisors asked why they could not be here for four or five half days to serve the people in Fremont County. Bouska said if they needed to staff offices in Fremont County more than two half days or one full day then they would take a look when that time comes. There will be no clerical help in Fremont County for DHS.

At 11:20 a.m. Tracey Vanatta and Christine Hankins met with the Board. Janeth Winkler was present. They informed the Board of Supervisors that the accounting employee, Jeannie Countryman, was moved to Grape Hospital, and all accounting for Southwest Iowa Home Health will be from Grape Hospital. Tracey asked if it was O.K. to take the computer that she is currently using as she will still be employed by Southwest Iowa Home Health. The Board told her to get the permission from the Board of Health as the computer was bought with the tobacco funds.

There being no further business, motion for adjournment was made.

ATTEST:

Fremont County Auditor David Aistrope, Chairman

March 14, 2002:

The Fremont County Board of Supervisors met in regular session on Thursday, March 14, 2002, in the Fremont County Courthouse, Boardroom, with Aistrope, Hickey and Whipple present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Whipple moved to approve the agenda as posted; vote carried unanimously. Supervisor Whipple moved to approve the minutes of the previous Board session; vote carried unanimously.

At 9:00 a.m. County Engineer Dan Davis met with the Board. Motion was made by Hickey to authorize Chairman Aistrope to sign a Fremont County, Iowa Public Road Right-of-Way Use Permit to clean silt from public road right of way ditches to Brian Zech, 1845 S 64^th, Nebraska City, NE. Motion was seconded by Whipple and carried unanimously. Motion was made by Whipple to authorize Aistrope to sign all closing documents to purchase C. S. Johnson Trust property. Motion was seconded by Hickey and carried unanimously. The following handwritten warrant was approved: Secondary Road Fund: Key Real Estate, l01,000.00.

At 9:45 a.m. the Board discussed the absence of a bailiff in Fremont County. Sheriff Steve MacDonald and Vicki Danley were present. Danley said she needed someone to make coffee for judges and attorneys on court day and someone to get files and call people into court. Hickey said that Fremont County was not going to create a new position of bailiff as was provided by the court system. The state court system eliminated the position in Fremont County. Danley and MacDonald agreed that a bailiff position should not be created. Danley said she could hire part time clerical help to help her on court days. The Board had no objection to hiring part time clerical help. After continued discussion motion was made by Whipple to approve the following resolution. Motion was seconded by Hickey and carried unanimously.

RESOLUTION: WHEREAS, the position of Bailiff in Fremont County is funded by the state court system, and

WHEREAS, the position of Bailiff in Fremont County was eliminated by the state court system,

THEREFORE BE IT RESOLVED by the Fremont County Board of Supervisors this 14^th day of March, 2002, that the position of Bailiff in Fremont County will not be created as a new position in Fremont County funded by Fremont County property taxpayers.

ATTEST:

In other business, motion was made by Whipple to approve the renewal license for off premise liquor, wine or beer and Sunday Sales for Percival Farm Services, Inc., Percival, Iowa. Motion was seconded by Hickey and carried unanimously.

There being no further business, motion for adjournment was made.

ATTEST:

Fremont County Auditor David Aistrope, Chairman

March 19, 2002:

The Fremont County Board of Supervisors met in regular session on Tuesday, March 19, 2002, in the Fremont County Courthouse, Boardroom, with Aistrope, Hickey and Whipple present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Whipple moved to approve the agenda as posted; vote carried unanimously. Supervisor Whipple moved to approve the minutes of the previous Board session, vote carried unanimously.

At 9:00 a.m. a public hearing was held for the first reading of the E911 ORDINANCE NUMBER 2002-1. The Notice of Public Hearing for a Uniform Fremont County, Iowa Rural Addressing System was published by order of the Fremont County Board of Supervisors on March 7, 2002. Present at the hearing were:

AN ORDINANCE FOR A UNIFORM FREMONT COUNTY, IOWA RURAL ADDRESSING SYSTEM

Section 1.

TITLE: Uniform Rural Address System Ordinance of Fremont County, Iowa

PURPOSE: This ordinance mandates the use of uniform rural address system for residents of Fremont County in order to promote the convenience, safety, and general welfare of those residents and provides for a penalty.

Section 2.

DEFINITIONS: For use in this ordinance, the following terms or words shall be interpreted or defined as follows:

1. Words used in the present tense shall include the future, the singular number shall include the plural, and the plural includes the singular. The word "shall" and "will" are mandatory, the word "may" is permissive.

2. COUNTY: Fremont County, Iowa

3. BOARD: The Board of Supervisors of Fremont County, Iowa

4. COUNTY ENGINEER: The County Engineer of Fremont County, Iowa

5. NATIONAL MANUAL OF UNIFORM TRAFFIC CONTROL (2000) The manual for traffic control devices for streets and highways as approved by the Iowa Department of Transportation including revisions adopted in accordance with Title 23 of the U.S. Code.

6. PERSON: Any individual, firm, corporation, unincorporated association or other entity.

7. BUILDING: Any structure used or intended for supporting or sheltering any commercial use, individual use or for residential occupancy.

8. PRIVATE EASEMENT ROAD: A private easement on private property which provides access to more than one (1) building. These roadways are not recognized as private roads, nor as public roads by the State of Iowa and the County and are, therefore, not maintained as such.

9. PRIVATE ROAD: A non-public roadway officially recognized by the county as an access for vehicles from public roads to private driveway leading to a building. Generally these roadways were established through the platting of subdivision. These roadways are not recognized as public roads by definition of the State of Iowa and the County and are, therefore, not maintained as such.

10. PSAP COORDINATOR: The Public Safety Answering Point Coordinator, also know as the E911-Coordinator.

11. PUBLIC ROAD: All land between the right-of-way lines perpetually dedicated to the City, County, State or Federal government as an access for vehicles. The term does not include public or private easement on private property where the roadway has not been dedicated to a jurisdiction or the jurisdiction has not accepted ownership. These roads are recognized by the State of Iowa and the County as public roadways and maintained by the appropriate jurisdiction.

12. ROAD DESIGNATIONS: For the purpose of this Chapter, following road designations are hereby defined:

A. STREET: A roadway that generally runs East and West and has a numerical designation preceding the word "Street". Example 110th St.

B. AVENUE: A roadway that generally runs north and south and has numerical designation preceding the word "Avenue" Example: 110th Ave.

C. Names of some roadways may carry an existing designation of street, drive, lane, road, avenue, or circle. While these designations may not meet with the categories denoted above, inasmuch as they generally have been named through an official platting process, they will be allowed to maintain that designation.

13. ROAD MARKER: The street name sign, along with the required hardware and post, specified in Manual of Uniform Traffic Control Devices, Section 2D.38.

14. RURAL ADDRESS MAP: The maps used to coordinate the uniform rural address system in Fremont County, Iowa. Such terminology shall include maps utilized to indicate all addresses as they are assigned and the maps utilized to indicate the official roadway names in Fremont County, Iowa.

15. SUBDIVISION: The division of a tract of land into separate lots or parcels for the purpose of transfer of ownership for building development.

16. SITE NUMBER: Any location where electricity is in service.

17. UNINCORPORATED AREA: All land located outside the city limits of municipalities which are incorporated with the State of Iowa. Such land is within the jurisdiction of the Fremont County Board of Supervisors.

Section 3

1. EXTENT OF SYSTEM: The uniform rural address system shall extend from the date of adoption, over the entire unincorporated area of Fremont County.

2. RURAL ADDRESS MAP(S): The uniform rural address system to be used in the County, shall be as shown on maps which are titled "Rural Address Maps" and which together with all explanatory matter thereon, shall be adopted by resolution by the Board as the official addressing map(s) and no other building numbers shall be used or displayed in the County. No changes of any nature shall be made to the Rural Address Maps except in conformity with the procedures set forth in this Chapter. Updates to show addresses assigned to new buildings and to include new roadway names shall be deemed acceptable changes to the Rural Address Maps. Updates to include new roadway names shall require approval through adoption of a resolution of the Board. The Rural Address Maps shall be provided by the E911 Board and kept on file with the County Auditor.

Section 4

ADDRESS SYSTEM: For the purpose of this Chapter, the following procedure establishes the development of the uniform rural address system for the County.

1. Address numbers on east-west roads shall commence at 1000 along a north and south meridian that forms the county boundary between Fremont County and Otoe County, Nebraska and increase progressively 100 numbers per mile towards the east, ending at 4200 at the county boundary between Fremont County and Page County.

2. Address numbers on the north-south roads shall commence at 1000 along an east-west meridian that forms the county boundaries between Fremont County and Mills County, and increase progressively 100 numbers per mile towards the south, ending at 3220 at the county boundary between Fremont County and Atchison County, Missouri.

3. Generally roadways which are located along a section line and generally run north and south shall be designated "Avenues: and abbreviated as "Av". Numerical naming for through roads will begin on the west side of the county and increase numerically to the eastern edge of the county.

4. Generally roadways which are located in between section lines or which are a short stretch of roadway that does not maintain a continuous route generally running north and south shall be designated "avenues" and abbreviated as "Av". Numerical naming shall begin on the west side of the county and increase numerically to the eastern edge of the county.

5. Generally roadways which are located on a section line and which generally run east and west shall be designated "Streets", and abbreviated as "St." Numbering will begin north at the county line with one hundred (100) and increase consecutively 10 streets per section to the far southern edge of the county. Fremont County and Atchison County line will be named 322^nd Street. .

6. Whenever possible, one hundred (100) numbers shall be allowed for each mile section. Said numbers shall be divided as ten (10) numbers per block ten (10) blocks per section evenly distributed to each side of the road. The South and East sides of roadways shall have even numbers and the North and West sides shall have odd numbers.

7. (Essentially there are 100 numbers per mile, 50 per side of the road. One number allowed for every 52.8 feet.) One (1) pair of odd/even numbers shall be available for approximately every one hundred five point six (105.6) feet of ground along a roadway.

8. The site number assignments will be assigned by noting the point where a perpendicular linerunning from the center of the principal building intersects the roadway. The roadway must be the one where the driveway provides access to the building.

9. Existing subdivisions with official road names recorded in the Recorder’s Office, and with an established approved site-numbering system as of the adoption date of this Ordinance, are accepted as is. They are encouraged to adopt the Fremont County Rural Address System. All other existing subdivisions are required to comply with this Ordinance and Property Numbering Map. All new subdivisions shall comply with the Fremont County Rural Address System as described above.

Section 5

ASSIGNMENT OF ROADWAY NAMES: The responsibility for naming all public and private roadways for the Property Numbering Map shall be the responsibility of the Fremont County E-911 Board in compliance with section 3 and 4.

Section 6

INSTALLING AND MAINTAINING ROAD MARKERS: The County Engineer shall supervise the installation of road markers at each roadway intersection in the County.

1. The specification for road markers shall be developed in accordance with the Manual of Uniform Traffic Control Devices.

2. Road markers for private roadways shall be designated by being blue in color.

3. The County shall not be responsible for the purchase, installation or maintenance of road markers on private roads which do not intersect a public road. Only those names/numbers assigned in the Rural Address Maps are allowed on private road intersections. Any other roadway designations are in violation of this Chapter and must be removed within a 60 day time period.

4. The County Engineer is responsible for the repair, replacement and maintenance of the road markers as required per actual replacement cost. Costs shall be paid by the 911 Board.

Section 7

ASSIGNMENT OF SITE NUMBERS: Any person owning, controlling, occupying or using any building that has access onto any public road, private road or private easement road shall display a permanent marker on such premises indicating the assigned site number.

1. The site number for each building shall be posted on the driveway post of the size and type as specified in the specifications for site numbers. The post will be put along the right of way, 15 to 30 ft. on either side of the driveway/entrance.

2. Any site number marker existing at the time the provisions of this Chapter takes effect which is different than the newly assigned number shall be removed at the time the new site number is installed.

3. Every person erecting a new building after the date the uniform rural address system becomes effective shall contact the Sheriff’s Office fourteen (14) working days prior to commencing any construction on new residential/building to receive a site number. The PSAP Coordinator will provide the assigned number to the resident, post office and appropriate County offices. The property owner will be responsible for cost of new site number.

4. The County Engineer will be responsible for installing new site number markers on public right of way issued after the date the uniform rural addressing system becomes effective, per actual replacement cost. All costs incurred in the placement and procurement of a site number marker shall be the responsibility of the property owner proprietor or occupant of the site.

5. When more than one residence uses the same driveway and multiple house numbers are onthe post at the entrance to the driveway, each house shall purchase an E911 sign and post from the E911 Coordinator and install according to their rules on location.

6. It shall be the responsibility of the property owner proprietor or occupant of the site to report any damage to marker. All costs and installation shall be the responsibility of the owner.

Section 8

MAINTENANCE OF UNIFORM RURAL ADDRESS SYSTEM: The Board of Supervisors, the County Engineer, the 911 Board, the 911 Coordinator and the County Sheriff shall be jointly responsible for the continued maintenance of the uniform rural address system in the County.

Section 9

VIOLATIONS AND PENALTIES: It shall be unlawful to refuse to use the Uniform Rural Address System, by the refusal to place the Uniform Rural Address Marker. It shall further be unlawful to remove, damage, deface, alter or destroy any Uniform Rural Address Marker which indicates a premises assigned number or any other Road Marker assigned pursuant to this ordinance when done intentionally by one who has no right to so act. Violation of this Ordinance shall be punishable by a fine of not more than $500 or imprisonment of not more than thirty days. The criminal penalty surcharge required by section 911.2 shall be added to a county fine and is not a part of the county’s penalty. Each and every day that the violation is permitted to exist after notification shall constitute a separate offense. Each separate provision of this Ordinance violated shall constitute a separate offense. The Fremont County Sheriff is charged with the enforcement of the violations and penalties of this Ordinance in accordance with its provisions.

The prosecution of a violation of this chapter does not preclude seeking alternative relief from the court in the same action, including, but not limited to an order for abatement or cessation of the violation.

Nothing herein contained shall prevent the County from taking such other lawful action as necessary to prevent or remedy any violation.

Section 10.

Validity. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or void, such decision shall not affect the validity of the remaining portions of this ordinance.

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

First consideration March 19, 2002

First consideration moved by Whipple, seconded by Hickey; Roll Call: Whipple, aye; Hickey, aye; Aistrope, aye.

Second consideration March 19, 2002

Third consideration March 19, 2002

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

Attest:

Prepared and submitted by Vicki R. Danley, Fremont County Attorney

Approved by Angela Rasmussen, PSAP Coordinator

At 9:40 a.m. Allen Huebner met with the Board in regards to tinting the windows of the courthouse to conserve on air conditioning in the summer months.

In other business payroll for March 22, 2002 was approved. The following claims were approved.

Claim numbers 19838 and 19854 were not approved.

There being no further business, motion for adjournment was made.

ATTEST:

Fremont County Auditor David Aistrope, Chairman

March 21, 2002:

The Board of Supervisors did not have a regular meeting on Thursday, March 21, 2002, as the Board attended the ISAC Spring Conference in Des Moines.

March 26, 2002:

The Fremont County Board of Supervisors met in regular session on Tuesday, March 26, 2002, in the Fremont County Courthouse, Boardroom, with Aistrope, Hickey and Whipple present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Whipple moved to approve the agenda as posted; vote carried unanimously. Supervisor Whipple moved to approve the minutes of the previous Board session; vote carried unanimously.

At 9:00 a.m. the Board discussed the date for a hearing for Waubonsie Ridge Urban Renewal. The updated Urban Renewal Plan was not on file yet so they set the time for 9:30 a.m. on March 28, 2002.

At 9:15 a.m. County Engineer Dan Davis met with the Board and the following resolution was approved.

RESOLUTION: Approval and acceptance into the county road system, streets in Sapp Bros. Travel Center (Lots 1 thru 6, inclusive), Sapp Bros. Travel Center (Lots 7 thru 16, inclusive), and Moyer Development, subdivisions in Fremont County.

NOW, THEREFORE, BE IT RESOLVED by the Fremont County Board of Supervisors as follows:

SECTION 1. That 249^th Street and 211^th Avenue, in Sapp Bros. Travel Center (Lots 1-6, inclusive); 211^thAvenue, in Sapp Bros. Travel Center (Lots 7-16, inclusive), and 249^th Street, in Moyer Development have been constructed in accordance with the plans, specifications, and Fremont County requirements. SECTION 2. That the developers have requested that the streets be taken into the county road system of Fremont County. SECTION 3. That the following listed streets be accepted and taken into the county secondary road system and maintained by the Secondary Road Department. 249^th Street adjacent to lots 1, 2 & 3 in Sapp Bros. Travel Center (lots 1-6, inclusive) 650 LF = 0.123mi. 249^th Street adjacent to lot 1 in Moyer Development 431 LF = 0.082 mi 211^th Avenue adjacent to lots 1, 3, 4-6 in Sapp Bros. Travel Center (Lots 1-6, inclusive) 973 LF = 0.184 mi 211^th Avenue adjacent to lot 7 in Sapp Bros Travel Center (Lots 7-16, inclusive) 103 LF = 0.020 mi

SECTION 4. This Resolution shall take effect immediately.

Motion made this 26^th day of March, 2002 at 9:15 o’clock a.m. by Hickey, seconded by Whipple. ATTEST:

/s/ Lucille Hunt Roll Call:

At 9:45 a.m. Allen Huebner met with the Board in regards to tinting the windows of the Courthouse to conserve on air conditioning in the summer months. The Board chose the tint and asked Mr. Huebner for the cost for tinting the windows. Huebner will submit the cost on Thursday, March 28, 2002.

At 10:00 a.m. motion was made by Whipple to approve the renewal license for liquor, wine or beer and Sunday Sales and outdoor service for Jack’s Pro Shop. Motion was seconded by Hickey and carried unanimously.

At 10:05 a.m. Mark Crom met with the Board in regards to the county farm. Crom asked the Board if they could doze out a fence row. He said it would stop a ditch that is forming on the property and he could contour farm the ground. Motion was made by Hickey to authorize Crom to doze the fence row. Motion seconded by Whipple and carried unanimously.

There being no further business, motion for adjournment was made.

ATTEST:

Fremont County Auditor David Aistrope, Chairman

March 28, 2002:

The Fremont County Board of Supervisors met in regular session on Thursday, March 28, 2002, in the Fremont County Courthouse, Boardroom, with Aistrope, Hickey and Whipple present. A quorum as declared and the meeting officially called to order at 9:00 a.m. Whipple moved to approve the agenda as posted; vote carried

unanimously. Supervisor Whipple moved to approve the minutes of the previous Board session; vote carried unanimously.

At 9:00 a.m. Christina Hankins and Tracey Vanatta met with the Board in regards to the IWISH grant for $8,652. The budget will have to be amended for revenue and expense for this grant.

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

RESOLUTION ABATING TAXES ON LAND OWNED BY CITY OF RANDOLPH: WHEREAS, the City of Randolph now owns certain property in Randolph, Fremont County, Iowa, Parcel No. 450450110000000, described as: LTS 3 – 7, Block 22, City of Randolph, Fremont County, Iowa, according to the recorded plat thereof.

WHEREAS, the property has been owned by the City of Randolph 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 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.

Dated this 28^th day of March, 2002.

Motion by Whipple, seconded by Hickey, carried unanimously.

ATTEST:

At 9:30 a.m. the Board met for the purpose of setting a date for a public hearing on the designation of an urban renewal area and on a proposed urban renewal plan and project and on a Development Agreement. Aistrope presided and the roll called with Aistrope, Hickey and Whipple present. Aistrope announced that a plan had been prepared for a proposed project and that it was now necessary to set a date for a public hearing on the designation of the Waubonsie Ridge Urban Renewal Area and on that plan and the project outlined therein and also on a Development Agreement between the County and GMNW Investments, LLC. Accordingly, Supervisor Whipple moved the adoption of the following resolution entitled "Resolution setting date for a public hearing on designation of the Waubonsie Ridge Urban Renewal Area and on urban renewal plan and project and on Development Agreement," and the motion was seconded by Supervisor Hickey. Following due consideration, the Chairperson put the question on the motion and the roll being called, the following named Supervisors voted: Hickey, aye; Whipple, aye; Aistrope, aye.

RESOLUTION: Setting date for a public hearing on designation of the Waubonsie Ridge Urban Renewal Area and on urban renewal plan and project and on Development Agreement

WHEREAS, studies have been conducted which show the desirability of designating a portion of Fremont County as the Waubonsie Ridge Urban Renewal Area, pursuant to the provisions of Chapter 403, Code of Iowa; and

WHEREAS, a proposal has been submitted to the Board under which an area within the boundaries set out in Exhibit A would be designated an urban renewal area; and

WHEREAS, this Board is desirous of obtaining as much information as possible from the residents of the County before making this designation; and

WHEREAS, a proposed urban renewal plan for a project within that proposed designated area has been prepared and it is now necessary that a date be set for a public hearing on the designation of the area and on that plan and project; and

WHEREAS, the County proposes to enter into an agreement (the "Development Agreement") with GMNW Investments, LLC with respect to the development of a residential subdivision; and

WHEREAS, the Development Agreement would provide incremental property tax incentives to GMNW Investments, LLC in the form of incremental property tax rebates, under the authority of Section 403.9(1) of the Code of Iowa; and

WHEREAS, it is necessary to set a date for a public hearing on the Development Agreement;

NOW, THEREFORE, Be it Resolved by the Board of Supervisors of Fremont County, Iowa, as follows:

Section 1. This Board will meet at the County Courthouse, Sidney, Iowa, on the 23^rd day of April, 2002, at 10:00 o’clock a.m. at which time and place it will hold a public hearing on the designation of the proposed Waubonsie Ridge Urban Renewal Area described in the preamble hereof and on the proposed urban renewal plan and project for said Area and on the proposed Development Agreement.

Section 2. The County Auditor shall publish notice of said hearing, the same being in the form attached to this resolution, which publication shall be made in a legal newspaper of general circulation in Fremont County, which publication shall be not less than four (4) nor more than twenty (20) days before the date set for the hearing.

Section 3. Pursuant to Section 403.5 of the Code of Iowa, the County Auditor is hereby designated as the County’s representative in connection with the consultation process which is required under that section of the urban renewal law.

Section 4. The proposed urban renewal plan is hereby submitted to the County’s Planning and Zoning Commission for review and recommendations, as required by Section 403.5, Code of Iowa.

Passed and approved March 28, 2002.

ATTEST:

/s/ Lucille Hunt /s/ David Aistrope

County Auditor Chairperson, Board of Supervisors

The Board also notified the Superintendent of the Sidney Community School District and the President of the Iowa Western Community College in regards to the proposed urban renewal plan, pursuant to Section 403.5 of the Code of Iowa. The Board gave the Zoning Commissioner copies of the plan to present to the Zoning Commission.

At 9:45 a.m. motion was made by Whipple, seconded by Hickey to authorize Allen Huebner to tint the windows according to his bid of $4772.00 to remove existing magnetic windows, apply silver reflective window tint (MADICO SRS-220) and reinstall the magnetic windows. Motion carried unanimously.

At 10:00 a.m. Dan Davis, County Engineer, met with the Board for a bid opening for Project L-16-22-3. Bids submitted were: $109.555.50 from Glen Jordan Construction, Inc., Casey, Iowa and $99,796.05 from Barton Construction Co., Inc., Corning, Iowa. Motion was made by Hickey to accept the apparent low bid of $99,796.05 from Barton Construction Co., Inc. Motion seconded by Whipple and carried unanimously.

At 10:30 a.m. the Board canvassed the Iowa Western Special Election held on March 26, 2002.

There being no further business, motion for adjournment was made.

ATTEST:

Fremont County Auditor David Aistrope, Chairman

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