May 6, 2003:

The Fremont County Board of Supervisors met in regular session on Tuesday, May 6, 2003, 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. Supervisor Larson moved to approve the agenda as posted; vote carried unanimously. Supervisor Larson moved to approve the minutes of the previous Board session; vote carried unanimously.

At 9:30 a.m. Sheriff Steve MacDonald came in to see the Board and requested an amendment to his budget for the auction and commissary revenues and expenditures. Aistrope told him a letter was sent out in February that the departments are to live within their budgets. Most of the revenue from the auction for selling seized vehicles and equipment was not put in the General Basic Fund but in the Special Law Enforcement Fund that is used only by the Sheriff’s department. Hickey said to put this discussion on the agenda for Thursday and they will act upon the request one way or the other.

Allen Huebner stopped in to see the Board. Huebner worked on the outside of the Courthouse to stop a moisture problem in the vicinity of the Assessor’s office. The moisture problem is solved so Huebner said he needs to repair the inside before the electricians begin wiring. Motion was made by Aistrope to allow Huebner to continue his work in the Assessor’s office so the electricians may finish their work in that office.

Larson, aye; Aistrope, aye; Hickey, aye.

The County Recorder’s Monthly Report of Fees Collected and the following claims for May 9, 2003 were approved.

There being no further business, meeting was adjourned.

ATTEST:

Fremont County Auditor                                         Keith Hickey, Chairman

May 8, 2003:

The Fremont County Board of Supervisors met in regular session on Thursday, May 8, 2003, 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. Agenda was approved as posted with no corrections. Minutes of the previous Board session were read and approved with no corrections.

The Supervisors have been receiving letters and phone calls in regards to Home Care Services. Residents were told to contact Aistrope and Hickey to not move services for Home Health Care outside the county. Hickey said someone is using scare tactics and getting the elderly upset. Home Health Care is a state grant to the county and there is no way that care will be discontinued. Whoever is threatening to take Home Health Care away from senior citizens need to stop these scare tactics.

At 9:00 a.m. Dennis James, Dr. Fred Ashler and Patty Lundgren stopped in to see the Board. Dennis James said maybe they can find common ground on the costs for Public Health and that he knows we are stretched and the hospital also has to be fiscally responsible. James said he was sorry it took so long but he wanted to work with the Board. James said the hospital wants to be in full control of Public Health and will make it a workable program. Hickey said he had always said that the Home Health Service was benefiting the hospital. Aistrope said the scare tactics by contacting the senior groups were a real threat to them and couldn’t believe someone would do this sort of thing as Home Health Services will be provided in Fremont County. James said he didn’t want to be personal and would like to try for another year. Aistrope said Page County Home Health Nurse Sandra Davis is on the agenda for 10:30 a.m. and she has put a proposal together for the Page County Board of Health to do a 28E Agreement to be the Administrator for Public Health for Fremont County. James said the employees of Southwest Iowa Home Health do other work besides county work . Dr. Ashler said he and Bill Penn were two originals on the Board and he was never reimbursed $1.00 for serving on the Board of Health and he wants the hospital to do the service at this cost and they also have a new doctor coming. Hickey said they can’t act either way because they were not on the agenda.

At 9:30 a.m. the amendment that Sheriff Steve MacDonald requested on Tuesday, May 6, 2003, was discussed. He requested an amendment to his budget for the revenues and expenditures for the Sheriff’s auction and for commissary revenues and expenditures. Aistrope said a letter was sent out in February that the departments are to live within their budgets. Most of the revenue from the auction for selling seized vehicles and equipment was not put in the General Basic Fund but in the Special Law Enforcement Fund that is used only by the Sheriff's department. The commissary revenues and expenditures are in the General Basic Fund. Motion was made by Aistrope that the commissary expenditures and revenues will not be amended because no amendments will be made to the General Basic Fund. The revenues and expenditure for the Sheriff’s auction is not in the General Basic Fund but in the Special Law Enforcement Fund used only by the Sheriff and this fund may be amended for $12,000 revenue from the auction and $12,000 expenditure. Larson, aye; Aistrope, aye; Hickey, aye.

At 10:00 a.m. Vicki Rule and Janet Selke met with the Board in regards to signing the 28E Cooperative Reimbursement Agreement for Child Support Enforcement and Establishment in the State of Iowa with the Department of Human Services. The agreement is between the Iowa Department of Human Services and the Political Subdivisions consisting of Fremont County, as the host county, and Harrison, Mills, Montgomery, Page and Taylor counties. Motion was made by Aistrope to authorize Chairman Hickey to sign the 28E Agreement. Larson, aye; Aistrope, aye; Hickey, aye.

At 10:30 a.m. Page County Public Health Nurse Sandra Davis, Gay Hightshoe from the State Department of Public Health and Janeth Winkler met with the Board. Sandra Davis presented a proposal for the Page County Board of Health administering Fremont County Public Health. Davis said she is an employee of Page County, not Shenandoah Hospital. Her office is in Shenandoah on Thomas Avenue. Public Health Administration is a county function and Home Health care is provided by Hospital Home Health Services. Public Health includes: communicable disease follow-up, school and preschool immunization audits, homemaker program, immunization programs, wellness and health education, health promotion visits, screening clinics, tuberculosis control, health maintenance, update community needs assessment with due date determined by the Iowa Department of Public Health, development or updating a resource manual for county residents, Bio/Emergency Plan for county (due to the Iowa Department of Public Health in August 2003) and other administration and responsibilities of Public Health is grant writing, agency policies, staffing, fiscal management, responding to any public health threat or emergency the county may encounter and delegation of duties. The full proposal will be reviewed. There would be a full time nurse with part time clerical in Sidney. Larson asked what will happen if the $34,534 from Fremont County runs out. Davis said she works within her budget with prioritizing because needs have to be flexible. Davis said County Public Health and all staff, whether working for Public Health or contract agencies, do not attempt in any way to tell clients what to do and cannot refer them to any doctor or hospital. That is the client’s choice. The decision to contract for Home Health Care would be the decision for the hospital to make. Public health is to make sure people have access to service. Aistrope said hospital administration costs are higher and said the hospital stated they lost $36,000 in 2001 and $59,000 this past year. Davis said you have to prioritize and work within your budget. Grape Community Hospital is a Critical Care Hospital so their administration for Fremont County Public Health costs would be higher. Larson said it is not the county’s fault if the hospital is not covering costs. Sandra said in Page County she bills everything through grants and also bills to regional funds. Davis discussed 14 funds for immunizations. The applications for the state grant is due May 16, 2003. The Board will put the decision on the agenda for Tuesday, May 13, 2003 at 9:30 a.m.

Since it was 12:10 p.m. the HIPAA training was rescheduled for Tuesday, May 13, 2003 at 10:30 a.m.

In other business the Sheriff’s Monthly Report of Fees Collected was approved.

Aistrope left to attend the Board of Health meeting.

There being no further business, meeting was adjourned.

ATTEST:

Fremont County Auditor                                         Keith Hickey, Chairman

May 13, 2003:

The Fremont County Board of Supervisors met in regular session on Tuesday, May 13, 2003, 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. Agenda was approved as posted with no corrections. Minutes of the previous Board session were read and approved with no corrections.

At 9:00 a.m. Marsha Smith, Clerk of Court, met with the Board in regards to the Law Library. Vicki Danley was present. Marsha said she is receiving books for the law library and she does not know if they are supposed to be returned or stay. No one seems to answer questions about them. She has to open them to know what they are and then has to pay postage to send them back. She said Iowa Code does not require a law library in the Courthouse, and in fact, Pottawattamie County and other counties have discontinued having a law library. Smith said the judges have their own laptops and do not use the law library. Smith said she doesn’t want anything to do with the library and does not agree with the concept of the library as it is no longer needed or required. Vicki said maybe if Westlaw access was moved to the judges chambers it would be used more. Marsha said the doors to the judge’s chambers are locked and they do not need the access to Westlaw. Vicki wants it to be put on the agenda before doing away with the law library. Marsha said Court Administration provides all books to the court and the District Judge is being provided for his needs. Marsha said the Magistrate also has the Iowa Code. Vicki said she ordered two copies of Iowa Code Annotated, two sets of Legislative Service, one being for the County Attorney's Office and one for the Law Library. Hickey said to put it on the agenda.

At 9:15 a.m. John Doyle and James Russmen from Farm Service Company met with the Board in regards to putting in anhydrous. Vicki Danley, Marvin Vollertsen and Thomas Largen were present. Doyle said they checked with the Zoning Commissioner and he said it was located in the city limits of Sidney. They agreed they are located within the city limits and were told by the city they were zoned industrial so there was no problem. They wanted to check with the county to see if they needed anything and asked the Supervisors to write a letter saying everything would be alright for anhydrous. Hickey asked County Attorney Vicki Danley if the county was legally required to do anything else for them. Danley said to get a building permit, act on the permit and get it done.

At 9:30 a.m. the decision to sign a contract for the administration of public health was on the agenda. Present were Patty Lundgren, Paula Pickens, Tracy Vanatta, Marvin Vollertsen, Thomas Largen M.D., Janeth Winkler, Bill Penn, Dennis Reilly, Dennis James, Eldon Fox, Al Akins, Bobbie Mather and Vicki Danley. Hickey opened the meeting. He said this will be the shortest meeting in history because the County Attorney told us the Board of Health needs to deal with the contract, not the Supervisors, so the meeting is over. Danley asked if the Board would put the additional money they approved in the budget for county dollars. Aistrope said the $8010 was agreed upon by the Board of Supervisors and they would do that.

At 10:30 a.m. Hickey, Aistrope and Larson attended HIPAA training. Sandra Sillers presented the training.

In other business, a handwritten warrant was approved. General Basic Fund: Huebner Improvements, 1686.00.

There being no further business, meeting was adjourned.

ATTEST:

Fremont County Auditor                                             Keith Hickey, Chairman

May 15, 2003:

The Fremont County Board of Supervisors met in regular session on Thursday, May 15, 2003, in the Fremont County Courthouse, Boardroom, with Hickey and Larson present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Agenda was approved as posted with no corrections. Minutes of the previous Board session were read and approved with corrections. Aistrope was attending a meeting with West Central Development.

At 9:15 a.m. Dan Davis met with the Board. Because of a clerk stamping a date time stamp on the title sheet for Project FM-CO36(33)—55-36 in Kirkham Michael’s office the Board had to again sign the title sheet for the project.

At 9:30 a.m. the bid opening for a motor grader was held. Present were Dan Davis, Mike Batenhorst, Michael G. Maynes and Chris Larson. Batenhorst said they received two bids. Ziegler, Inc. submitted a bid for a 2003 Caterpillar 140H, total net price of $181,315.00 less trade-in allowance $66,700 for net price with trade of $114,615.00 and a buy back of $80,000. Murphy Tractor & Equipment Co., Inc. submitted a bid for a 2003 John Deere 770CH Series II, total net price $173,700.00 less trade-in allowance of $60,000 for a net price with trade of $113,700.00 and a buy back of $75,000. The trade-in is a 1998 John Deere 770CH DW770CH568905. Discussion was held regarding the bids. Mike had questions in regards to the Caterpillar because the grader is also used in ice and snow. Motion was made by Larson to table the bids until Tuesday, May 20, 2003, so Batenhorst and Davis could have their questions answered. Larson, aye; Hickey, aye.

At 10:00 a.m. Chairman Hickey opened the public hearing to proceed with the building of the county shop. Present were Dan Davis, Mike Batenhorst, Michael G. Mayne, AIA, John Whipple, Lowell Sherwood, Greg Sherwood, Clyde N. Heaton and Cory Gordon. Davis said the proposal is phase one for the construction of the administration and shop building. It is to be built north of Briggs Trucking. At the present, the estimated costs with building and site work is 2.2 million dollars. Davis said he will have a base bid and alternate bid with maybe some of it taken out. Grading and site preparation will be done and construction will take until September of 2004. Chuck Larson asked the time frame for Highway Two bypass. Davis said the portion going by their site is scheduled for an October 19, 2004 letting date. Other work is scheduled for letting on March 16, 2004. DOT has the right of way purchased. Larson asked about access to the site. Davis said he would use old Highway Two and the county road until the bypass is complete. Water service will be from old Highway Two north to the facility. Whipple asked if the initial phase will include the shop and service work area and Davis answered yes. Sherwood asked the schedule for bid letting and Davis said maybe in late July. Gordon asked if everything would be out there and Davis said eventually it would but right now this is phase one. Whipple asked if this is gas tax money and Davis said yes, it is road use tax money. Hickey said the secondary road department has been putting money in an unreserved/designated account for this project. This has been ongoing since Dale Miller was the Engineer, in order to build this facility. Heaton asked if the county was not going to vote on this. This is not a bond issue but it is money that has been set aside for several years to build this facility. The county is not going into debt. Larson asked about the highways that are being transferred to the County by DOT and where they are. Davis said they are Highways 184, 145 and 239. Davis said the county would receive about $11,000 per mile for maintenance. When the time comes for major work it will depend on the classification of the route on how we will fund the project. Davis said the State money given them will cover the costs of mowing, signs, striping, sealing and snow removal. Snow removal is not a twenty-four hour policy for the county as it is for DOT. Heaton said you don’t have to take those roads and Davis said the Governor is signing the bill and we have to take them. Heaton asked why you need a new county shop and Davis said a structural engineer would condemn the building they are in now. Hickey asked the Auditor to read a letter of endorsement for the facility from Attorney Jon H. Johnson. Sherwood asked if any grant money had been applied for. It was the consensus that government buildings do not usually receive grant money. The county had applied for a grant to renovate the Courthouse but the grants were given to renovate old barns. Usually the County, as a local government, has to match grants. Greg Sherwood agreed that the present facility is not very efficient. Davis said the first county shop was at the present bus barn site in Sidney. Lowell Sherwood said the county needs a better facility but feels it could be built at a better cost. He suggested to use some of that money to fix up the Percival road and fix the railroad crossing. Davis said the county cannot fix railroad crossings as Burlington Northern needs to do that. Heaton said he thought you could build something for a lot less money. Hickey said they did look into the future and accumulated the money in an unreserved/designated line in the budget that was published in all year-end reports. This was a process and a plan over several years. The shop has to comply with a lot of codes that many normal buildings do not have to comply with. There are a lot of restrictions now. Davis said he didn’t feel they were neglecting roads and they are keeping an aggressive construction schedule. Gordon said she is in favor of building this shop and will free up other property in and around Sidney for housing and commercial building. Greg Sherwood said there may be better alternatives in the bidding documents that could save money. Heaton said his taxes are going up and are still going up. Auditor Hunt explained how the local option dollars are reducing the amount of tax dollars levied for the Rural Services Fund. Larson said he was still learning about valuation dollars and levied taxes. Greg Sherwood said population will increase in Fremont County and Whipple said the Federal Government had estimated our population at 7200 in 2000 census but when the count came in there was only about 100 difference from 1990. Greg Sherwood said the cost of the building will offset the cost by making it more efficient and will see an annual effect to the initial capital investment. Heaton asked if the County is doing the grading and Davis said no. Whipple said the road department did not have the equipment to do this as they do not have a scraper. Batenhorst said they would have to rent the equipment and Davis said it depends on the time the employees spend on the building site or taking care of the county. Larson asked how the county would fund the next phases. Davis said they would continue when funds were available as they are now. Hickey said we need to move forward and also said Heaton had a good suggestion for grading. The architect said based on past history for building these are the estimated costs. They have alternate bidding as suggested but the savings would only be ½%. He said the building is a pre-engineered building with some face brick and that this building is definitely not extravagant. Heaton said not to make it a show place but build something for efficiency, just try for a lower cost. The architect again said he could take off brick facing and have different windows but that would be ½% savings. He said the county shop needs thicker floors for heavy equipment. You have to comply with the fire marshal, hazardous area and other requirements that a normal building would not have. Davis said he has already downsized but with the pre-engineered building it could be expanded. If the bids come in too high then we won’t do it. Hickey said it is time to move forward and asked if there would be a motion. Larson said he would rather wait until Aistrope is here on Tuesday. Motion was made by Larson to continue the public hearing for building the county road shop and administration building to Tuesday, May 20, 2003, at 10:15 a.m. Larson, aye; Hickey, aye.

There being no further business, meeting was adjourned.

ATTEST:

Fremont County Auditor                                         Keith Hickey, Chairman

May 20, 2003:

The Fremont County Board of Supervisors met in regular session Tuesday, May 20, 2003, 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. Agenda was approved as posted with no corrections. Minutes of the previous Board session were read and approved with no corrections.

At 9:00 a.m. motion was made by Aistrope to authorize Chairman Hickey to sign the Rural Transit Joint Participation Agreement. Aistrope, aye; Larson, aye; Hickey, aye.

At 9:30 a.m. discontinuation of the law library was discussed. Present were Marsha Smith, Gene Eaton, Jon Johnson, Robert Leonard and Vicki Danley. Marsha said that Judge Smith wanted to continue with Westlaw access but did not want to continue with the books. Danley said she needed some books and also Westlaw access. Hickey read from Code Section 331.382 (7) If a law library is provided in the county courthouse, judges of the district court of the county shall supervise and control the law library. Code Section 331.322(5). The Board is not required to furnish the County Attorney with law books. The county is not required or there is no mandate to provide law books for the general public. Discussion was held in regards to books being received and not knowing what to keep. Marsha Smith said she would keep the Westlaw access in her budget but she would no longer take care of the books, as the judge does not need them and she has no time for them. Danley said she needs the books for prosecution by the County Attorney and believed the county should continue to let her receive the books. After considerable discussion, motion was made by Aistrope to close the library for public access. Hickey, aye; Aistrope, aye; Larson, nay. Motion was made by Larson to continue with Westlaw access for the judges and the County Attorney. Aistrope, aye; Hickey, aye; Larson, aye. The books will be dealt with on June 5, 2003.

At 10:10 a.m. the decision to buy a motor grader was discussed. Present were Mike Batenhorst, Dan Davis, Gary Nielsen, Mike Mayne, Chris Larson and Chuck Eaton. Chris Larson from Murphy Tractor and Equipment presented another proposal to save $10,000. After the proposal Hickey said that this was not the time to do that and thought all bids should be thrown out. Davis said Ziegler should also have a chance for another proposal for a used CAT. Batenhorst said price-wise the John Deere and CAT were both the same and would recommend the CAT. They both have problems, John Deere with engine and CAT with hydraulics. Davis said the Board can accept either bid or ask for new bids. Motion was made by Larson to reject the proposal and bids. Larson, aye; Aistrope, aye; Hickey, aye.

At 10:40 a.m. continuation of the public hearing for building the county road shop and administration building was held. Present were County Engineer Dan Davis, Mike Batenhorst, Gary Neilsen and Mike Mayne. Motion was made by Aistrope to accept the design and proceed with the building. Larson stated that he had wanted Aistrope here so that there would be a full board present for the vote because his own vote would probably be different but that it would probably carry. Hickey said he appreciated that. Aistrope, aye; Hickey, aye; Larson, nay.

The following claim was approved for a hand-written warrant. General Basic Fund: Huebner Improvements, Bldg. Repair, 1998.55.

There being no further business, meeting was adjourned.

Larson left to attend a DOVES meeting in Shenandoah. Hickey attended a Waubonsie Mental Health Meeting.

ATTEST:

Fremont County Auditor                                         Keith Hickey, Chairman

May 22, 2003:

The Fremont County Board of Supervisors met in regular session on Thursday, May 22, 2003, in the Fremont County Courthouse, Boardroom, with Hickey and Aistrope present; Larson absent. Agenda was approved with no corrections. Minutes of the previous Board session were read and approved with no corrections.

At 9:00 a.m. Deputy Treasurer Heidi Stewart met with the Board and the following resolution was approved.

Resolution No. 2003-36

RESOLUTION ABATING TAXES ON MOBILE HOME THAT HAS BEEN REMOVED FROM FREMONT COUNTY, IA

WHEREAS, the mobile home has been removed from Parcel 280281139020000 and is now considered administratively impractical to pursue collection through the remedies cited in Section 435.25 of the Code of Iowa.

IT IS HEREBY RESOLVED that the taxes on the mobile home are not collectable and will be abated according to Section 435.25 of the Code of Iowa.

BE IT FURTHER resolved that the Auditor and Treasurer shall enter such change orders required to abate these taxes.

Dated the 22^nd day of May, 2003.

Motion by Aistrope, seconded by Hickey, carried unanimously.

ATTEST:

/s/ Lucille Hunt                                          /s/ Keith Hickey, Chairman    aye
Fremont County Auditor                          /s/ David Aistrope                   aye
By June Hardy, Asst. Auditor                 /s/ Chuck Larson                     Absent

Larry Whitehead stopped in and was given a letter from the Board, as trustees for Schultz Drainage, authorizing Whitehead Farms Construction, Inc. to clean out beaver dams in the Schultz Drainage District.

At 10:00 a.m. Chairman Hickey opened the public hearing on an application for a Special Use Permit as recommended by the Zoning Commission, to consider the extension of existing wireless communication site from 195’ to 265’. Present were Shelda Baylor, James Baylor, Krista Tanner, Ken Weber of MegaCom, David Kipp and Luke Kasmierczak from US Cellular, and County Engineer Dan Davis.

Motion was made by Aistrope to accept the recommendation of the Zoning Commission and approve the application for a Special Use Permit.

James Baylor introduced himself and stated that he came to represent those opposed to the tower. Mr. Baylor stated he had a problem with the height of the tower and with flashing lights. Shelda Baylor asked if a 250 foot tower will require lights that blink 24 hours and could there be shorter towers and more Fremont County people could get rent. County Engineer Dan Davis stated we can go two ways, we can have lots of shorter towers or less towers if taller. David Kipp of US Cellular stated that flashing lights are an FAA requirement. Ken Weber from MegaCom, representing US Cellular, stated that design engineers were at the zoning hearing. He said that all felt the Special Use Permit application met all criteria of the Zoning Ordinance.

Aistrope said that the Zoning Board had put time into this and that is why we have a zoning board, to make recommendations. Hickey called for a vote. Aistrope, aye; Hickey, aye.

RESOLUTION: WHEREAS an application has been received and a public hearing held on April 29, 2003 by the Fremont County Zoning Commission for a Special Use Permit as allowed under the Zoning Ordinance of Fremont County, Iowa, and,

WHEREAS the Zoning Commission has reported to the Board recommending issuance of said Special Use Permit.

NOW THEREFORE BE IT RESOLVED that a permit is granted to the party for the Special Use on the piece of property designated in the attached Special Use Permit form.

This resolution hereby authorizes the Chairman of the Board of Supervisors to execute the attached Special Use Permit.

Dated this 22^nd day of May, 2003. Motion to adopt resolution made by Aistrope and seconded by Hickey.

ATTEST:

/s/ Lucille Hunt                                         /s/ Keith Hickey, Chairman
Fremont County Auditor                         /s/ David Aistrope, Vice-Chairman
By June Hardy, Asst. Auditor                     Chuck Larson, Member – Absent

SPECIAL USE PERMIT

The Fremont County, Iowa, Board of Supervisors, pursuant to the provisions of the Fremont County Zoning Ordinance and Chapter 335 of the 2001 Code of Iowa, as amended, hereby authorize the following special use:

To extend existing IPCS tower to a total height of 265’ for purposes of attaching another carrier

(U.S. Cellular) and accommodating that carrier’s coverage requirements.

The special use shall be located on the following property:

Existing Parcel: Part of the Northwest Quarter of Section 29, Township 69 North, Range 43 West of the 5^th P.M., Fremont County, Iowa. More particularly described as follows:

Commencing at the North ¼ Corner of said Section 29; thence South 00° 00’00" East 373.84 feet along the East line of said Quarter section; thence North 90° 00’00" West 108.00 feet to the Point of

Beginning; thence South 00° 00’00" East 30.00 feet; thence North 90° 00’00" West 60.00 feet; thence North 00° 00’00" East 60.00 feet; thence North 90° 00’00" East 60.00 feet; thence South 00° 00’00"East 30.00 feet to the Point of Beginning and containing 3600 square feet (0.08 acres) more or less.

Proposed Leased Parcel: A 12 by 20 foot parcel located in part of the Northwest Quarter of Section 29, Township 69 North, Range 43 West of the 5^th P.M., Fremont County, Iowa, more particularly described as follows:

Commencing as a point of reference at the North Quarter Corner of said Section 29; thence South 00° 00’00" West, 453.36 feet along the East line of the Northwest Quarter of said Section 29; thence North 90° 00’00" West, 30.00 feet, to a point on the West right-of-way of 195^th Avenue; thence North 90° 00’00" West, 17.69 feet; thence North 00° 00’00" East, 78.92 feet; thence North 90° 00’00" West, 75.51 feet; thence South 90° 00’00" West, 5.95 feet; thence South 00° 00’00" East, to the Point of Beginning; thence South 00° 00’00" East, 20.00 feet; thence North 90° 00’00" West, 120.00 feet; thence North 00° 00’00" East, 20:00 feet; thence North 90° 00’00" East, 12.00 feet, to the Point of Beginning; said parcel containing 240 square feet, more or less. (For purposes of this description, the East line of the Northwest Quarter of said Section 29 is assumed to bear South 00`00’00" West)

The owner of the proposed facility is:

USCOC of Greater Iowa, Inc. dba U.S. Cellular
3601 109^th Street
Urbandale, Iowa 50322

Date of issuance: May 22, 2003

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

At 10:30 a.m. Sidney School Superintendent Bob Stading stopped in regarding DECAT money. Hickey told him that it would be split equally between the four schools.

There being no further business, meeting was adjourned. Aistrope left to attend a SWIPCO meeting.

ATTEST:

Fremont County Auditor                                         Keith Hickey, Chairman

May 27, 2003:

The Fremont County Board of Supervisors met in regular session on Tuesday, May 27, 2003, 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. Agenda was approved as posted with no corrections. Minutes of the previous Board session were read and approved with corrections.

At 9:00 a.m. motion was made by Aistrope to authorize Chairman Hickey to sign the contract with MAXIMUS, Inc. for the cost allocation plan for fiscal year 2003/2004, upon approval by the County Attorney. Aistrope, aye; Hickey, aye; Larson, aye.

At 9:10 the following resolution was approved.

RESOLUTION NO. 2003-38

WHEREAS, the Board of Health in Fremont County is mandated to issue well construction permits; and

NOW THEREFORE BE IT RESOLVED this 27^th day of May, 2003, that the Fremont County Board of Supervisors designate the Fremont County Board of Health to be the contracting entity and the Fremont County Board of Health is authorized to sign the 28E Agreement between the Fremont County Board of Health and the Department of Natural Resources to issue private well construction permits.

This Agreement is to be recorded in the Fremont County Recorder’s Office and will be on file in the Secretary of States Office after all required signatures.

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

At 9:15 a.m. the Board discussed having SWIPCO perform the Response 2020 Plan. After discussion, and visiting with the Emergency Management Director, it was agreed to put the plan on hold.

At 9:30 a.m. Judy Crain and Heidi Stewart met with the Board to discuss a real estate parcel for property in the Percival area that Fremont County currently holds the tax sale certificate on.

At 9:45 a.m. the following resolution was approved.

RESOLUTION NO. 2003-39

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 27^th day of May, 2003, that the following transfer of funds be approved and made: $433,718.00 from the Rural Services Basic Fund, share of Rural Services taxes, to the Secondary Road Fund and $22,500.00, property tax relief of local option taxes, from the Rural Services Basic Fund to the Secondary Road Fund.

Motion to approve transfer made by Aistrope.

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. Dan Offenburger, Shenandoah Chamber and Industry Association, met with the Board in regards to the Eaton railroad project. Pat Hall from Snyder and Associates, Byron Harris from the City of Shenandoah, Ben Cox from Eaton Corporation, Fremont County Engineer Dan Davis and Mike Batenhorst were present. The railroad is the spur line that is owned by the Shenandoah Chamber and Industry Association. The railroad crossing is in need of immediate repair and is extremely dangerous. Hall said that based on a meeting with BNSF Railroad Company officials, the simple repair to the crossing area would include removal of the center planks, inspection of the base ties and placement of hot mix asphalt to a level even with the top of the rail. Davis said the asphalt overlay on J32 is complete and the company has moved out. Mr. Cox said they are overlaying their parking lot so they could still use the plant for the crossing. This would be a short term fix and a longer term project would be to apply for a Rail Economic Development Funding Grant from the IDOT for rehabilitation of the 2,870 foot rail spur from the BNSF Railroad spur to the back side of the Eaton Corporation plant. The grant would not exceed $100,000. The total amount needed to fix the spur is estimated at $315,000. He said Fremont County would have to apply for the grant.

A question was asked if a public entity had to apply for the grant, why couldn’t the City of Shenandoah apply for the grant. TIF was discussed and Harris said the city is pursuing Biotech firms to locate in the area. Larson said Fremont County is losing tax money because the City put the TIF back on in that area and he believes they should reinvest some of that money in Fremont County. After considerable discussion Harris said the City workers would repair the crossing but the County would have to close the road. Larson said that since this area is in Fremont County, he asked if it would be possible that Fremont County could have a representative on the SCIA Board. Larson said he was on the FREDCO Board but the SCIA Board takes care of that area close to Shenandoah and FREDCO does not know what is happening there and they are never informed of possible development. Offenburger said he would look into the possibility.

There being no further business, meeting was adjourned.

ATTEST:

Fremont County Auditor                                             Keith Hickey, Chairman

May 29, 2003:

The Fremont County Board of Supervisors met in regular session on Thursday, May 29, 2003, 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. Agenda was approved as posted with no corrections. Minutes of the previous Board session were read and approved with corrections.

At 9:00 a.m. County Engineer Dan Davis met with the Board. Davis said he received word from DOT that Highway 333 is on the Department of Transportation list of roads that are being transferred to local jurisdictions, along with Highway 145, Highway 184 and Highway 239. The transfer is effective July 1, 2003.

Motion was made by Aistrope to authorize Chairman Hickey to sign a contract for Hot Mix Asphalt Overlay for Project Number L-5-24-7. Larson, aye; Aistrope, aye, Hickey, aye.

At 10:00 a public hearing was held on the amendment to the county budget for the fiscal year ending June 30, 2003. The amendment of $12,000 revenue and expenditure for the Special Law Enforcement Fund, as requested by the Sheriff, as a result of the Sheriff’s auction. The General Basic Fund is not being amended. There were no objections heard. Motion was made by Aistrope to approve the amendment as published. Larson, aye; Aistrope, aye; Hickey, aye.

RESOLUTION NO. 2003-40

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 29^th day of May, 2003, that the following change in appropriation be made:

Expenditures Revenue

Increase 29000-01010-492-05-9 + $12,000. Increase 29000-01000-9200-05 + $12,000

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

Payroll for May 30, 2003 was approved. The following handwritten warrant was approved. Special Law Enforcement Fund: Fremont County Sheriff, Supplies, 1500.00.        

There being no further business, meeting was adjourned.

ATTEST:

Fremont County Auditor                                         Keith Hickey, Chairman