Board of Supervisors Minutes

March 2004

March 2, 2004:

The Fremont County Board of Supervisors met in regular session on Tuesday, March 2, 2004, in the Fremont County Courthouse, Boardroom, with Hickey, Aistrope 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., after discussion, the following resolution was approved.

RESOLUTION NO. 2004-10

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 2nd day of March, 2004, that Chairman Hickey be authorized to sign agreements by and between Golden Hills Resource Conservation and Development, Inc and Fremont County, Iowa and The Schemmer Associates Inc. and Fremont County, Iowa, for the purpose of preparation of a Comprehensive Land Use Plan for the unincorporated areas within Fremont County.

Motion to approve made by Larson.

ATTEST:

/s/ Lucille Hunt                                                                                             /s/ Keith Hickey, Chairman    aye
Fremont County Auditor                                                                             /s/ David Aistrope                   aye
                                                                                                                      /s/  Chuck Larson                       aye

At 10:00 a.m. the public hearing for the Fremont County Budget for 2004/2005 was held. Arnold Emberton was present. After discussion and with no objection, the following resolutions were passed to approve the 2004/2005 fiscal year Fremont County Budget.

RESOLUTION NO. 2004-11

RESOLUTION REGARDING SALARY INCREASES RECOMMENDED BY THE COMPENSATION BOARD:

WHEREAS, the Fremont County Compensation Board has recommended raises of a 2.5% percent increase for the County Attorney, Sheriff, Supervisors, Auditor, Recorder and Treasurer, and

THEREFORE, be it resolved by the Fremont County Board or Supervisors this 2nd day of March, 2004, that the recommended raises of 2.5% be reduced by .5% to 2%. The Fremont County Attorney will receive $47,081 for 2004/2005, an increase of $923 from 2003/2004 salary of $46,158; the Fremont County Sheriff will receive $44,768 for 2004/2005, an increase of $878 from the 2003/2004 salary of $43,890; the Fremont County Auditor, Recorder and Treasurer will each receive $36,711 for 2004/2005, an increase of $720 from the 2003/2004 salary of $35,991 for each; the Fremont County Supervisors will each receive $22,911 for 2004/2005, an increase of $449 from the 2003/2004 salary of $22,462 for each.

Motion to approve made by Aistrope, carried unanimously.

ATTEST:

/s/ Lucille Hunt                                                                                             /s/ Keith Hickey, Chairman    aye
Fremont County Auditor                                                                             /s/ David Aistrope                   aye
                                                                                                                      /s/  Chuck Larson                       aye

RESOLUTION NO. 2004-12 

RESOLUTION FOR ADOPTION OF BUDGET AND CERTIFICATION OF TAXES:

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 2nd day of March, 2004, that the proposed budget for fiscal year July 1, 2004 - June 30, 2005, after one public hearing as required by law on March 2, 2004, be adopted as proposed and published. Property taxes levied will be as follows: County wide levies; General Basic amount of $1,144,471.00 with a rate of 3.5000, General Supplemental amount of $754,625.00 with a rate of 2.30778, MH-DD Services Fund amount of $438,068 with a rate of 1.33969, with a countywide valuation without gas and electric of 326,991,787. Rural Services with a valuation without gas and electric of 242,315,950, for an amount of $667,428.00 at the rate of 2.75437. Grand total dollars is $3,004,592.00.

Motion to approve by Larson, carried unanimously.

ATTEST:

/s/ Lucille Hunt                                                                                             /s/ Keith Hickey, Chairman    aye
Fremont County Auditor                                                                             /s/ David Aistrope                   aye
                                                                                                                      /s/  Chuck Larson                       aye

RESOLUTION NO. 2004-13

RESOLUTION FOR APPROPRIATIONS

 WHEREAS, it is desired to make appropriations for each of the different officers and departments for the fiscal year beginning July 1, 2004in accordance with Section 331.434, Subsection 6, Code of Iowa.

THEREFORE, be it resolved by the Fremont County Board of Supervisors this 2nd day of March 2004, the following: SECTION 1-The amounts itemized by fund and department on the attached schedule are hereby appropriated from the resources/fund as shown. SECTION 2- Subject to the provisions of other county procedures and regulations, and applicable state law, the appropriations authorized under Section 1 shall constitute an authorization for the department/officer listed to make expenditures or incur obligations from the itemized fund, effective July 1, 2004. SECTION 3-In accordance with Section 331.437, Code of Iowa, no Department/Officer shall incur any liability in excess of the amount appropriated to this resolution. SECTION 4-If, at any time during the 2004/2005 budget year the Auditor ascertains that the available resources of a fund will be less than said fund's total appropriations, he/she shall immediately inform the Board and recommend appropriate corrective action. SECTION 5-The Auditor shall establish separate accounts for the appropriations authorized in Section 1. The Auditor shall report the status of such accounts to the applicable Departments/Officers monthly during the 2004/2005 budget year. SECTION 6-All appropriations authorized pursuant to this resolution lapse at the close of business on June 30, 2005. The above and foregoing resolution was adopted by the Fremont County Board of Supervisors on Tuesday, March 2, 2004.

Motion to approve by Aistrope, carried unanimously.

ATTEST:

/s/ Lucille Hunt                                                                                             /s/ Keith Hickey, Chairman    aye
Fremont County Auditor                                                                             /s/ David Aistrope                   aye
                                                                                                                      /s/  Chuck Larson                       aye

RESOLUTION NO. 2004-14

RESOLUTION REGARDING BOARD APPROVAL FOR PURCHASES OVER $5000

WHEREAS, the Fremont County Board of Supervisors approve departmental budgets for each fiscal year, giving special attention to expenditures of $5000 and over, and

WHEREAS, at the time of the budget hearing these expenditures are formally approved.

THEREFORE, any expenditure of $5000 or more, by any department, that was not approved within your budget hearing, must be approved by the Board of Supervisors before the purchase is made.

This resolution repeals resolution number 1990-29, passed on the 13th day of March, 1990.

Passed and approved by the Board of Supervisors this 2nd day of March, 2004.

Motion to approve made by Aistrope.

 ATTEST:

/s/ Lucille Hunt                                                                                             /s/ Keith Hickey, Chairman    aye
Fremont County Auditor                                                                             /s/ David Aistrope                   aye
                                                                                                                      /s/  Chuck Larson                       aye

 Claims and payroll for March 5, 2004 were approved.

There being no further business, the meeting was adjourned.

ATTEST:

Fremont County Auditor                                                                                 Keith Hickey, Chairman

March 4, 2004:

The Fremont County Board of Supervisors met in regular session on Thursday, March 4, 2004, in the Fremont County Courthouse, Boardroom, with Hickey, Aistrope 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 met with Lyle Mayberry in regards to a needed survey to split Country Acres Care from the farm and the cemetery. Motion was made by Larson to have Mayberry proceed with the survey. Aistrope, aye; Larson, aye; Hickey, aye.

At 9:30 a.m. Janelle Payne from Modern Woodmen of America gave a presentation on healthcare insurance and a comparison chart of flexible spending accounts with health reimbursement arrangements. After discussion it was agreed that it was too late for this year but she will get back with the Board for the next budget year.

At 10:00 a.m. County Engineer Dan Davis met with the Board. Motion was made by Aistrope to authorize Chairman Hickey to sign an application for approval of underground construction for applicant QWEST Communications Inc., Omaha, NE, for the placement of buried copper telephone cable on county road 210th St., approximately seven miles west of Hamburg, in Section 21, 28 T68N, R43W. Larson, aye; Aistrope, aye; Hickey, aye.

County Engineer Davis said the Fire Department from the City of Sidney was inquiring if there would be an option for the City of Sidney Fire Department to purchase fuel from Secondary Road. The Board said that if the request was made, Davis could pursue if and how this would work.

In other business, the County Recorder's Report of Fees Collected was approved. A 'Statement of Values' was received from the county insurance company. The Board sent a letter to Secondary Road, Sheriff, Conservation and DP departments to review the coverage, make corrections, sign them and return them to the Auditor's Office by March 24, 2004 to receive proper coverage. A statement was prepared for $10,000 to present to the E911 Board for their part of payment for the new radio equipment purchased last budget year, 2002/2003.

There being no further business, the meeting was adjourned.

ATTEST:

Fremont County Auditor                                                                                         Keith Hickey, Chairman

March 9, 2004:

The Fremont County Board of Supervisors met in regular session on Tuesday, March 9, 2004, in the Fremont County Courthouse, Boardroom, with Hickey, Aistrope 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. Karen Berry met with the Board. She gave the Supervisors the same information that Stan Orton requested from the Assessor's Office in order to do an appraisal for Country Acres Care. Included in the information was the Assessor's value, square feet, acres, etc.

At 10:00 a.m. Jim Clough, Tracey Vanatta and Deb Michel met with the Board. Jim Clough, Administrator from Grape Community Hospital, wanted to personally introduce himself to the Board. The Board thanked them for coming and said they are looking forwarding to working together.

In other business, the Sheriff's Monthly Report of Fees collected was approved.

There being no further business, the meeting was adjourned.

ATTEST:

Fremont County Auditor                                                                                 Keith Hickey, Chairman

March 11, 2004:

The Fremont County Board of Supervisors met in regular session on Thursday, March 11, 2004, in the Fremont County Courthouse, Boardroom, with Hickey, Aistrope 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. Sheriff Steve MacDonald met with the Board in regards to purchasing a vehicle to replace one that was demolished. MacDonald said he received $6,185 for the wrecked vehicle and could trade in a Blazer that the radio and electronic equipment has already been removed. He said he could purchase the remainder of the expense of the vehicle from the 'Special Law Enforcement Fund'. He said he would come back to the Board with the correct figures.

At 9:30 a.m. the Board discussed properties in Fremont County that have Tax Sale Certificates assigned to Fremont County. In reviewing these Tax Sale Certificates the Board discussed giving a 90 day notice to obtain tax sale deeds. After obtaining a tax sale deed the property may be sold. With the financial problems of the county and cities the county needs to take appropriate action to collect delinquent taxes or obtain a tax sale deed and sell the properties in order to return all property to the tax roll of Fremont County. Delinquent taxes, from 1993/1994, for parcel numbers 430430458000000, 430430699000000, 430430785000000, owned by Jerry Miller of Hamburg, Iowa, has a total delinquent amount of $3,549.01. Delinquent taxes, from 1989/1990 through 2000/2001, for parcel number 430430214000000, owned by Holliman Ltd., Hamburg, Iowa, has a total delinquent amount of $17,106.01. Delinquent taxes from 1986/1987, for parcel numbers 430430419000000, 430430420000000, 430430421000000, owned by Jeffrey B. & Suzanne M. Barrett, has a total delinquent amount of $13,362.78. Delinquent taxes, from 1986/1987, for parcel number 430430133000000 showing that it is owned by Frank R. Simerly but sold on contract that was paid off but never recorded in the Fremont County Recorder's office as sold on contract to Merle Dovel of Hamburg, Iowa, has a total delinquent amount of $17,530.22. These four property owners have delinquent taxes in the amount of $51,548.02. Of this amount $21,650 in delinquent tax is due to the City of Hamburg, $19,073 is due to the Hamburg Community School District, $8,763 is due to Fremont Cou nty, $1,031 is due to Iowa Western Area XIII, $515 is due to the County Assessor, $387 is due to County Extension and $129 is due to TB eradication. These amounts are figured on the 2003/2004 levies. The amount due on each property is subject to an additional 2% interest per month after March 31, 2004.

At 10:00 a.m. Assistant Engineer Gary Shrum met with the Board. Motion was made by Aistrope to authorize Chairman Hickey to sign an application for approval of underground construction on county right of way for applicant Breda Telephone Co., Breda, Iowa, for the underground construction of fiber optic cable to be plowed at a depth of 36" and to meet all county requirements, for seven miles, from the west edge of Farragut to the east edge of Riverton. Aistrope, aye; Larson, aye; Hickey, aye.

In other business, motion was made by Larson to authorize Chairman Hickey to sign a renewal for a beer and Sunday sales permit for the Fremont County Golf Course. Larson, aye; Aistrope, aye; Hickey, aye.

There being no further business, the meeting was adjourned.

ATTEST:

Fremont County Auditor                                                                     Keith Hickey, Chairman

March 16, 2004:

The Fremont County Board of Supervisors met in regular session on Tuesday, March 16, 2004, in the Fremont County Courthouse, Boardroom, with Hickey, Aistrope 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 approved a Rental Agreement with Nishnabotany Lodge #153, AF & AM for the offices of Department of Human Services, Community Services and Veterans Affairs. Rent is to continue at 540.00 per month until June 30, 2007.

Payroll and claims for March 19, 2004 were approved.

There being no further business, the meeting was adjourned.

ATTEST:

Fremont County Auditor                                                                                 Keith Hickey, Chairman

March 18, 2004:

There was no Board meeting on Thursday, March 18, 2004, as the Supervisors were attending ISAC Spring School in Des Moines.

ATTEST:

Fremont County Auditor                                                                                 Keith Hickey, Chairman

March 23, 2004:

The Fremont County Board of Supervisors met in regular session on Tuesday, March 23, 2004, in the Fremont County Courthouse, Boardroom, with Hickey, Aistrope 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. County Engineer Dan Davis met with the Board. Motion was made by Aistrope to authorize Chairman Hickey to sign three right of way permits and two utility permits: sign work in ROW with Payne Valley Farms LLC and Richard Payne for water line to be run under County Rd L-40 in 67-43-2, sign work in ROW permit with Kenneth Smalley to remove fence and grade area in 67-41-26, sign work in ROW permit for water quality testing on Waubonsie Avenue (Fremont County line) for Christopher M. Harbourt, Leesburg, Virginia, sign utility permit with MidAmerican Energy to move overhead electric lines in part of Sections 34, 35 & 36 T69, R41W and to sign work in ROW for Iowa Telecommunications at 2900 220th Street. Larson, aye; Aistrope, aye; Hickey, aye.

RESOLUTION NO. 2004-15

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 23rd day of March, 2004, that David Lueth be reappointed to the Fremont County Board of Adjustment for a five year term, ending April 30, 2009.

Motion to approve made by Larson, seconded by Aistrope, carried unanimously.

ATTEST:

/s/ Lucille Hunt                                                                                             /s/ Keith Hickey, Chairman    aye
Fremont County Auditor                                                                             /s/ David Aistrope                   aye
                                                                                                                      /s/  Chuck Larson                       aye

At 9:30 a.m. motion was made by Aistrope to authorize Chairman Hickey to sign the following resolution to approve a SIRHA Board appointment. Larson, aye; Aistrope, aye; Hickey, aye.

CERTIFICATE OF APPOINTMENT OF COMMISSIONERS OF THE HOUSING AUTHORITY OF THE COUNTY OF FREMONT, IOWA

WHEREAS, The Board of Supervisors of Fremont, Iowa held a duly authorized regular meeting on the 23rd day of March, 2004;

WHEREAS, at said meeting the following resolution was passed and adopted:

RESOLUTION NO. 2004-16

BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF Fremont, Iowa

That the Board of Supervisors of the County of Fremont, Iowa hereby make the following resolution.

WHEREAS, a resolution has been passed and adopted entitled "Resolution Approving and Authorizing the Execution of a Certain Joint Exercise of Powers Agreement for the Purpose of Creating a Multi-County Housing Authority."

NOW, THEREFORE, Pursuant to the provision of Chapter 28E, Code of Iowa, and by virtue of our office as Supervisors, we hereby appoint Lorna Patterson for three years, as the one (1) person to serve as Commissioner of the Southern Iowa Regional Housing Authority, representing the County of Fremont, Iowa, and to serve for the number of years appearing after her name, respectively, from the 23rd day of March, 2004.

IN WITHNESS WHEREOF, I have hereunto signed my name as Chairman of the Board of Supervisors of the County of Fremont, Iowa and caused the official corporate seal of said County of Fremont, Iowa to be attached hereto this 23rd day of March, 2004.

ATTEST:

/s/ Lucille Hunt                                                                                         /s/ Keith Hickey
Fremont County Auditor                                                                         Chairman of Board of Supervisors
                                                                                                                  Fremont County, Iowa

At 9:35 a.m. Sheriff Steven H. MacDonald met with the Board in regards to the purchase of a vehicle to replace the vehicle that was demolished. MacDonald said he could purchase a 2003 Dodge Durango for $20,400. His trade-in would be $3000 and the county received $6185 from the insurance company for the demolished vehicle. MacDonald said the remaining $11,215 would come from the Special Law Enforcement Fund. The Board said an amendment will have to be made from the Special Law Enforcement fund.

At 10:00 a.m. the Board discussed a letter received from an attorney representing GMNW Investments, LLC in regards to the development agreement for Waubonsie Ridge. There was no action taken.

At 10:30 a.m. Pat Shull met with the Board. She presented a letter to request that the Fremont County Board of Supervisors abate taxes on the parcel of land owned by the Southern Loess Hills Welcome Center for 2002/2003 taxes payable in 2003/2004. Southern Loess Hills Welcome Center Board also requested $10,000 as approved on April 29, 2003.

The following handwritten warrant was approved. Secondary Road Fund: Holt Gas Co., Diesel, 7878.03.

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

ATTEST:

Fremont County Auditor                                                                                         Keith Hickey, Chairman

March 25, 2004:

There was no Board meeting on Thursday, March 25, 2004 as there were not enough members present for a quorum.

March 30, 2004:

The Fremont County Board of Supervisors met in regular session on Tuesday, March 30, 2004, in the Fremont County Courthouse, Boardroom, with Hickey, Aistrope 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. County Engineer Dan Davis met with the Board. Motion was made by Aistrope to authorize Chairman Hickey to sign the Iowa Department of Transportation Secondary Road Budget and the Iowa Department of Transportation Secondary Road Construction Program for fiscal year 2005. Larson, aye; Aistrope, aye; Hickey, aye.

Motion was made by Aistrope to authorize Chairman Hickey to sign a Public Road Right-of-Way Use Permit for Rick Mount for the purpose of removing fenceline, trees, and grading down the steep bank areas to facilitate safer mowing conditions and to help prevent snow drifting over banks onto road. Larson, aye; Aistrope, aye; Hickey, aye.

At 9:30 a.m Donna Barry from Senator Grassley's office stopped in for a courtesy visit with the Board.

At 10:00 a.m. the bid opening for a grader for secondary roads was held. Present were Dan Davis, Mike Batenhorst and representatives from Murphy Tractor & Equipment Co. and Ziegler, Inc. The following bids were received: Murphy Tractor & Equipment Co., Omaha, NE - 2004 John Deere 770CH, $179,997 less buy back of $110,000 for a net bid without trade of $69,997 with a five year buy back of $80,000; Ziegler, Inc., Des Moines, IA - 2004 Caterpillar 140H, $171,693 less buyback of $110,000 for a net bid without trade of $61,693 with a five year buy back of $85,000. Motion was made by Aistrope to table the bids until 10:00 a.m. on Thursday, April 1. Larson, aye; Aistrope, aye; Hickey, aye.

Payroll was approved for April 2, 2004.

There being no further business, meeting was adjourned.

ATTEST:

Fremont County Auditor                                                                                 Keith Hickey, Chairman

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