ATTEST:

ATTEST:

/s/ Joan Kirk                                                                                /s/ Bart Bartholomew, Chairman     aye
Fremont County Auditor                                                                /s/ Randy Hickey                            aye
                                                                                                   /s/ Cara Morgan                                aye

At 8:30 a.m. on Tuesday, April 9, 2013, a department head meeting was held in the Fremont County Courthouse Boardroom. Present were Bart Bartholomew, Randy Hickey, Cara Morgan, Judy Crain, Karen Berry, Margaret Johnson, Mike Crecelius, Danny Toma, Arnold Emberton and Joan Kirk. Topics discussed were: Lap tops installed in patrol cars; update on courthouse improvements; revaluations; cell phone evidence training; regionalization meetings; raising Hwy 2 Bridge.

The Fremont County Board of Supervisors met in regular session on Tuesday, April 9, 2013, in the Fremont County Courthouse Boardroom, with Bartholomew, Hickey and Morgan present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Minutes of the previous Board session were read and approved. The agenda was approved as posted.

At 9:00 a.m. Motion was made by Morgan to certify the Abstract of Votes for the Hamburg School Special Election held on April 2, 2013. With 110 voting yes, and 31 voting no, therefore it was declared the Public Measure Passed. Morgan, aye; Hickey, aye; Bartholomew, aye.

At 9:15 a.m. Gary France representing Wells Fargo Bank, met with the board requesting they abandon Dike RD South of Hwy 2 that runs through the Steinhart wetland properties. Also present were Deroy Harshman and Dan Davis. Eighty nine acres of Steinhart property has recently been put into wetland reserve, and the Steinhart property across the road is already in the wetland reserve, he would like the county to abandon the road so the two wet lands can be joined together. Morgan explained the intention is to hold on to that ground to use it as a bargaining tool for a county road to the north NRCS is not budging on. Morgan suggested France talk to Government Officials to seek their help on solving the situation.

At 9:35 a.m. Dan Davis, Engineer, met with the board, motion was made by Morgan authorizing Chairman Bartholomew, sign Amendment #2 of Original Agreement for Project of Bridge Replacement (Knox RD over Cooper Creek). Morgan, aye; Hickey, aye; Bartholomew, aye.

At 9:47 a.m. Twila Larson, FREDCO, in a conference call to the Board informed them of a meeting at the Gathering Place on April 23^rd at 5:00 p.m. regarding a Pilot Project sponsored by Keep Iowa Beautiful Program. Larson thinks this program would be very beneficial to Fremont County, focusing on Beautification and Economic Development. She would like to see the board, city leaders, anyone that has a project started, even an older project, attend the meeting, and Larson stressed "everyone is welcome". Pocahontas County has been a pilot for the last eight months.

At 10:10 a.m. Kevin Aistrope, Sheriff, met with the board requesting the following Resolution 2013-22 be approved. Also present was Margaret Johnson and Steve Owen. Hickey made a motion to approve the Resolution 2013-22. This Resolution rescinds Resolution 2013-20. Morgan, aye; Hickey, aye; Bartholomew, aye.

RESOLUTION: 2013-22

WHEREAS, The Chief Deputy’s overtime and benefits have been calculated the same as regular Deputies, per collective bargaining agreements, since January 1, 2009 It has been recommended by the State of Iowa Auditor’s Office that this policy be formally adopted by the Fremont County Board of Supervisors.

AND WHEREAS, The Chief Deputy performs administrative and supervisory work in the general management of the Fremont County Sheriff’s Office and therefore; is considered to have "administrative exemption" as per the Fair Labor Standards Act (FLSA) Section 13(a)(1).

AND WHEREAS, Iowa Code Chapter 331.904(2)(c) states that the Sheriff shall set the annual base salary of each Deputy Sheriff who is classified as "exempt" under the FLSA, not to exceed eighty-five percent of the annual base salary of the Sheriff. AND WHEREAS, Even though classified as "exempt", the Chief Deputy works the same nine day work schedule as regular "non-exempt" Deputies, who meet FSLA Section 7(k) guidelines. The Chief Deputy performs law enforcement duties normally classified as "non-exempt", in addition to administrative and supervisory work.

BE IT RESOLVED BY THE FREMONT COUNTY BOARD OF SUPERVISORS THAT: The Board approves the adoption of policy that, considering the scope of the Chief Deputy’s duties, overtime pay and benefits for the Chief Deputy be calculated the same as regular, union covered Deputies per any current, active collective bargaining agreement established.

BE IT FURTHER RESOLVED THAT: This resolution shall rescind Resolution 2013-20 to establish that the Chief Deputy is classified as "exempt" under FLSA.

Motion made by Hickey.

At 10:27 a.m. Regarding an agreement entered into February 7, 2013 between Fremont County and Seneca Companies, Inc., and pertaining to the asbestos removal in the homes enrolled in 2012 Flood Demolition Program. Seneca Companies sent a Contract Amendment for board’s approval. The old contract amount: $35,913.00; Amount added: $10,225.00; New contract amount $46,138.00. With timing being important, Morgan made a motion to approve the change order, but to have the County Attorney review and advice on the contracts. Morgan, aye; Hickey, aye; Bartholomew, aye.

At 10:35 a.m. Danny Toma, Maintenance, met with the board with his recommendation of accepting the low bid of $1,650 for Construction of a ADA Workstation for EDMS Project in Clerk of Court Office. Motion was made by Morgan to accept Toma’s recommendation and approve the work. Morgan, aye; Hickey, aye; Bartholomew, aye.

At 10:45 a.m. Motion was made by Morgan to approve Class B Wine, Class C Liquor, Outdoor Service, & Sunday Sales Permit for Wild’s Property Management. Morgan, aye; Hickey, aye; Bartholomew, aye.

At 11:05 a.m. there being no further business, Morgan made a motion to adjourn. Morgan, aye; Hickey, aye; Bartholomew, aye.

ATTEST:

Fremont County Auditor                                                                                 Bart Bartholomew, Chairman

April 16, 2013:

The Fremont County Board of Supervisors met in regular session on Tuesday, April 16, 2013, in the Fremont County Courthouse Boardroom, with Bartholomew, Hickey and Morgan present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Minutes of the previous Board session were read and approved. The agenda was approved as posted.

At 9:00 a.m. Dan Davis, Engineer, and Jeff Shirley, Purchasing Agent, met with the board to open three bids for two Tandem Axle Trucks. Peterbilt $151,600; Kenworth $124,000; Freightliner $133,440, bids include trade-ins. Motion was made by Morgan to go with the low bid from Kenworth pending review of bids. Hickey, aye; Morgan, aye; Bartholomew, aye.

Morgan also made a motion to purchase box and hydraulics for the total package of $45,681 each. Hickey, aye; Morgan, aye; Bartholomew, aye.

At 9:15 a.m. Motion was made by Morgan to approve the Budget Amendment for Publishing. Hickey, aye; Morgan, aye; Bartholomew, aye.

At 9:30 a.m. Christy Briley, Auditor’s Office, met with the board for approval of David Owen, Family Practice, as designated provider for Workman’s Compensation Insurance. Motion was made by Morgan to approve David Owen as designated provider. Hickey, aye; Morgan, aye; Bartholomew, aye.

At 9:40 a.m. Motion was made by Hickey authorizing Chairman Bartholomew sign a contract with Nyhart Company for compliance with Governmental Accounting Standards (GASB 45). Hickey, aye; Morgan, aye; Bartholomew, aye.

At 10:00 a.m. Darren Osborne, Human Resources, stopped in to visit with the board.

In other business the Recorder’s Report for the month of March was approved.

Payroll and Claims were approved for April 19, 2013.

At 11:50 a.m. there being no further business, Hickey made a motion to adjourn. Hickey, aye; Morgan, aye; Bartholomew, aye.

ATTEST:

Fremont County Auditor                                                                                 Bart Bartholomew, Chairman

April 23, 2013:

The Fremont County Board of Supervisors met in regular session on Tuesday, April 23, 2013, in the Fremont County Courthouse Boardroom, with Bartholomew, Hickey and Morgan present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Minutes of the previous Board session were read and approved. The agenda was approved as posted.

At 9:00 a.m. Jeff Shirley, Purchasing Agent & Jim Doran, Assistant to Engineer, met with the board to open bids for two pick-up trucks for the Secondary Road Department. Deery Brothers Chevrolet, Inc. bid for two 2013 1500 Quad Cab Dodge Rams was $36,090. Woodhouse Ford made a bid on comparable trucks of $54,284. Both bids included trade-ins. Shirley’s recommendation was to go with the low bid from Deery Chevrolet. Morgan made a motion to approve their recommendation, and purchase the trucks from Deery Chevrolet. Morgan, aye; Hickey, aye; Bartholomew, aye.

Motion was made by Morgan authorizing Chairman Bartholomew sign Contract & Bond for Project #FM-CO36(61) - - 55 – 36. Morgan, aye; Hickey, aye; Bartholomew, aye.

At 9:15 a.m. Motion was made by Hickey to approve the following Resolution 2013-23. Morgan, aye; Hickey, aye; Bartholomew, aye.

RESOLUTION NO. 2013-23

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 23rd day of April 2013 that the following order for destruction of noxious weeds be effective immediately.1. That each owner and each person in the possession or control of any land in Fremont County shall cut, burn, spray, or otherwise destroy all noxious weeds thereon and shall prevent weed seeds from blooming or coming to maturity, and shall keep said lands free from such growth of any other weeds as shall render the streets or highways adjoining said land unsafe for public travel. Noxious weeds shall be cut, burned, sprayed, or otherwise destroyed on or before the following dates and as often thereafter as is necessary to prevent seed productions:

Group 1: May 15, 2013 - for Leafy Spurge, Perennial Peppergrass, Sour Dock, Sheep Sorrow.

Group 2: May 20, 2013 - for Canada Thistle, Russian Knapweed, Buckhorn, Wild Mustard, Musk Thistle and all other species of thistle.

Group 3: June 30, 2013 - for Field Bindweed, Wild Carrot.

Group 4: June 30, 2013 - for Horse Nettle, Perennial Sow Thistle, Quack Grass, Butter Print, Puncture Vine, Cocklebur, Bull Thistle and Hemp.

Group 5: August 14, 2013- for Shatter Cane and Wild Sunflower.

2. That each owner and person in the possession or control of any lands in Fremont County, infested with any noxious weeds, including Quack Grass, Perennial Sow Thistle, Canada Thistle, Field Bindweed, Horse Nettle, Leafy Spurge, Perennial Peppergrass, Russian Knapweed, Hemp, or any species of Thistle, shall adopt a program of weed destruction described by the Weed Commissioner, which in five years may be expected to destroy and will immediately keep under control such infestations of said noxious weeds.

3. That if the owners or persons in possession/control of any land in Fremont County fail to comply with the foregoing order, the Weed Commissioner shall cause this to be done and the expense of said work, including costs of serving notice and other costs, if any, to be assessed against the land and the owners thereof.

At 9:20 a.m. Joan Kirk, Auditor, met with the board regarding Resolution No: 2009-44 addressing maximum amount paid to part-time employees. Morgan made a motion to address part-time wages at budget time, as part of the budget process. Morgan, aye; Hickey, aye; Bartholomew, aye.

At 9:30 a.m. Karen Berry, Assessor, met with the board to discuss the State Auditor’s recommendation that timesheets be prepared by all personnel, salaried as well as hourly, for internal control, as well as for potential legal claims (payroll dispute/grievance), timesheets would provide an accurate record of hours worked. Berry indicated she keeps official records for all employees documenting time worked and time off, and will not change her record keeping.

At 10:00 a.m. Danelle Bruce, CPC, met with the board inquiring as to what happens to a full time employee’s benefits if the employee requests to become part-time for a few months, with the approval of the department head. Also present was Reba Richie, CPC Manager, Darren Osborne, HR and Christy Briley, Assistant Auditor. After much discussion it was decided when the full-time employee goes to part-time, benefits will freeze, and begin again when the employee returns to full-time. If they leave the position without returning to full-time, accrued benefits will be paid out. Osborne will prepare a policy to this effect.

At 11:15 a.m. Hickey made a motion to adjourn.

ATTEST:

Fremont County Auditor                                                                                 Bart Bartholomew, Chairman

April 30, 2013:

The Fremont County Board of Supervisors met in regular session on Tuesday, April 30, 2013, in the Fremont County Courthouse Boardroom, with Bartholomew, Hickey and Morgan present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Minutes of the previous Board session were read and approved. The agenda was approved as posted.

At 9:00 a.m. Danny Toma, Maintenance, met with the board requesting permission to hire an outside contractor to mow the courthouse lawn, opposed to the county mowing. Toma has a contractor that will mow and trim for $35.00 per mow. Toma feels it is a fair price, and thinks the county can’t do it for that. Morgan said if the county would decide to go that route we will have to put it out for bids and advertise in the county’s newspapers.

Toma also presented a Capital Improvement 5 Year Plan.

At 9:15 a.m. Dee Owen, Assistant Auditor, met with the board to make them aware that they may want to revisit the levy rate for Schultz Drainage Ditch, because funds are running short due to more work than usual completed on the ditch. The board asked that it be put on the agenda for next Tuesday.

At 9:25 a.m. Dan Davis, Engineer, met with the board requesting approval to use Alliance Gas Co., to apply dust control treatment on Fremont County Roads. Morgan made a motion to approve Alliance for Dust Control Supplier. Hickey, aye; Morgan, aye; Bartholomew, aye.

Hickey made a motion to sign the following Resolution 2013-24. Hickey, aye; Morgan, aye; Bartholomew, aye.

RESOLUTION NO. 2013-24

RESOLUTION TO ACCEPT LOW BID AND AWARD CONSTRUCTION CONTRACT

WHEREAS, the Fremont County Secondary Roads Department held a letting for construction in conjunction with the Iowa Department of Transportation projects on April 16, 2013, and

WHEREAS, two (2) bids were received for Pavement Marking throughout the county, Project FM-CO36(64)—55-36,

NOW THEREFORE BE IT RESOLVED by the Board of Supervisors of Fremont County that the contract be awarded to Vogel Traffic Services, Inc. of Orange City, IA for the low bid of $67,677.91. The cost of this project shall be paid from farm to market funds.

Motion to approve made by Hickey.

Approved this 30^th day of April, 2013.

Margaret Johnson, Jan Winkler, Arnold Emberton, Danny Toma and Dan Davis were present for a short discussion regarding a temporary easement request, on the courthouse drive from City of Sidney.

At 9:45 a.m. Jan Winkler, SIRHA board member, met with the board to inform them she would be unable to fulfill the rest of her term, and would like to recommend Twila Larson as her replacement. Hickey made a motion to accept Winkler’s recommendation and appoint Twila Larson to the board. Hickey, aye; Morgan, aye; Bartholomew, aye.

At 10:05 a.m. Motion was made by Morgan to approve the following Resolution 2013-25. Hickey, aye; Morgan, aye; Bartholomew, aye.

RESOLUTION NO. 2013-25

WHEREAS the Fremont County Government, by way of the Fremont County Employee Handbook (the Handbook), establishes classifications of ‘Status of Employment’;

AND WHEREAS Section 2.1 of the Handbook states that a "Part-time regular employee" is not eligible for any benefits as described within the Handbook;

AND WHEREAS the Fremont County Government does not currently have a policy to address the issue of an employee changing employment status from full-time to part-time, and more particularly the issue of employment benefits accrued up the point in change of status from full-time to part-time;

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF FREMONT COUNTY, IOWA that the matter of changing employee status from full-time to part-time shall be subject to the policy that is attached to, and forms Appendix ‘A’ of, this Resolution.

Dated this 30^th day of April, 2013.

At 10:25 a.m. A Public Hearing on 2012/2013 budget amendment was held. Present were Bart Bartholomew, Randy Hickey, Cara Morgan and Joan Kirk. After some discussion and with no objection, motion was made by Hickey to close the public hearing at 10:30 a.m. Hickey, aye; Morgan, aye; Bartholomew, aye. The following Resolution 2013-26 was passed to approve changes in appropriation.

RESOLUTION NO. 2013-26

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 30th day of April, 2013 that the following change in appropriation be made:

Expenditures

Increase 20000-07010-423-20-241 +50,000
Increase 20000-07100-620-20-421 +70,000
Increase 20000-07110-211-20-467 +80,000
Increase 20000-07200-631-20-612 +160,000
Increase 20000-07200-631-20-612 +70,000
Increase 20000-07210-240-20-645 +2,000
Increase 20000-07210-250-20-632 +10,000
Increase 20000-07210-253-20-635 +5,000
Increase 20000-07210-252-20-625 +3,000
Increase 01000-09100-481-99-991 +425,892

Revenues

Increase 20000-07000-2890-20 +382,500
Increase 01000-00053-2442-99 +365,542

Motion to approve made by Hickey.

At 10:35 a.m. A Public Hearing Concerning Rezoning Change was held. Present were Bart Bartholomew, Randy Hickey, Cara Morgan and Joan Kirk. After some discussion and with no objection, motion was made by Morgan to close the public hearing at 10:40 a.m. Hickey, aye; Morgan, aye; Bartholomew, aye. Morgan made a motion to approve the following Resolution 2013-27. Hickey, aye; Morgan, aye; Bartholomew, aye.

RESOLUTION NO 2013-27

WHEREAS, an application has been received and a public hearing held by the Fremont County Zoning Commission for a zoning change from agricultural to commercial, and

WHEREAS, the Zoning Commission has reported to the Board of Supervisors that the zoning district change from an agricultural district to commercial district be granted to the applicants, Tim and Janet Lemrick; 1964 285^th Avenue; Sidney, Iowa 51652;

WHEREAS, The Fremont County Board of Supervisors published a Notice of a Public Hearing for a Zoning District Change concerning the zoning district change from agricultural to commercial for applicants Tim and Janet Lemrick, as recommended by the Zoning Commission;

NOW THEREFORE BE IT RESOLVED by the Fremont County Board of Supervisors, following the public hearing on the 30, April, 2013, that the application for a zoning district change from agricultural to commercial by applicants Tim and Janet Lemrick; 1964 285^th Avenue; Sidney, Iowa 51652, be approved for the location of the property described as follows:

5 acres in SW ¼ SW ¼ SE ¼ in Section 23, Township 69 North, Range 42W of the 5^th P.M. as provided by survey.

Motion to approve the resolution made by Morgan, carrying unanimously.

Dated April 30, 2013.

At 10:45 a.m. Motion was made by Morgan to approve the following Resolution 2013-28. Hickey, aye; Morgan, aye; Bartholomew, aye.

RESOLUTION NO: 2013-28

RESOLUTION: BE IT HEREBY RESOLVED BY THE Fremont County Board of Supervisors this 30^th day of April, 2013, that the hourly pay for regular part-time employees in the Courthouse shall be set at the rate of up to a maximum amount of $13.50 for year 2013/2014. Additional increases for part-time will be reviewed annually as part of the budget process.

Motion to approve made by Morgan.

Approved this 30^th day of April, 2013.

At 10:50 a.m. Morgan is requesting approval to write a letter on behalf of Fremont County concerning sediment deposition in the Missouri River. She would like to send the letter to Governor Brandstad, Legislature, and the Corp of Engineers. Morgan said the Corp is dredging out an area up-river for habitat, and putting the sediment in the river which will affect Fremont County’s levee capacity. Hickey made a motion to have Morgan draft a letter on behalf of Fremont County and send it out. Hickey, aye; Morgan, aye; Bartholomew, aye.

At 11:10 a.m. Dennis Henneman, met with the board asking for their support in The Freedom Rock Tour, created by the artist of The Freedom Rock, aims to boost tourism and spread the message of thanking our Veterans while providing a unique to their area Freedom Rock for all 99 counties in the state of Iowa. The cost of a Freedom Rock is $5,000. Henneman thought this could be done with donations. He would like to see the Freedom Rock placed near the War Memorial in the Courtyard. The board is in support of the Freedom Rock.

Payroll and Claims were approved for May 3, 2013.

In other business the board approved December 2012 through March 2013 Sheriff’s Reports.

At 12:00 p.m. there being no further business, Morgan made a motion to adjourn. Hickey, aye; Morgan, aye; Bartholomew, aye.

ATTEST:

Fremont County Auditor                                                                                 Bart Bartholomew, Chairman