ATTEST:

ATTEST:

ATTEST:

ATTEST:

/s/ Joan Kirk                                                                                                     /s/ Chuck Larson, Chairman      nay
Fremont County Auditor                                                                                 /s/  Earl Hendrickson                  aye
                                                                                                                           /s/  Cara Morgan                         aye

The Fremont County Board of Supervisors met in regular session on Wednesday, July 22, 2009, in the Fremont County Courthouse Boardroom with Larson, Hendrickson and Morgan present. A quorum was declared and the meeting officially called to order at 6:30 p.m. Minutes of the previous board session were read and approved. The agenda was approved as posted.

Patricia Rengifo-Lant was present.

At 6:30 p.m. Kevin Aistrope met with the Board for a decision on purchasing a new recording system from Racom Corporation. After discussion, motion was made by Hendrickson to table the matter until they can check into possibly getting some dollars from other funds. Morgan, aye; Hendrickson, aye; Larson, aye.

Discussion was held regarding retirement of the police dog. Aistrope stated that the dog they have now is eleven years old; that usually dogs are retired at age five and most all are retired by the time they reach eight or nine. He stated that the dog has arthritis and is not able to jump and perform well for searches. He said there are quite a few medical bills and that it costs the county $175.00 extra per month for the deputy in charge of the dog. Aistrope said he was not asking for money for a new dog, that if they could get donations they might replace it. Motion was made by Morgan to retire the drug dog December 31^st and start fund-raising immediately for a replacement. Hendrickson, aye; Morgan, aye; Larson, aye.

At 6:45 p.m. discussion was again held regarding the appointment of a weed commissioner. Hendrickson made a motion to rescind his earlier motion to appoint Steve Whitehead. Morgan, aye; Hendrickson, aye; Larson, aye. Motion was made by Morgan to table the matter until they can talk to the County Attorney. Hendrickson, aye; Morgan, aye; Larson, aye.

At 7:00 p.m. motion was made by Hendrickson to advertise for bids on mowing Hamburg ReLevy.

Morgan, aye; Hendrickson, aye; Larson, aye.

At 7:05 p.m. motion was made by Morgan to close the courthouse at 2:30 p.m. on Tuesday, July 28, for the Rodeo parade.

At 7:10 p.m. motion was made by Morgan to approve Resolution No. 2009-45.

BE IT HEREBY RESOLVED that the Fremont County, Iowa, Board of Supervisors shall hold a final public hearing, final consideration and final vote on August 12, 2009, at 10:00 a.m. for the purpose of reviewing and adopting an ORDINANCE concerning Solicitation Policy. First consideration and vote on the ORDINANCE shall occur at 10:00 a.m. on July 29, 2009. Second consideration and vote shall occur at 10:00 a.m. on August 5, 2009. The proposed ORDINANCE is printed in full at the end of this resolution, and will be so printed in the county’s official newspapers for legal publications, and will be made available for public inspection during regular business hours at the County Auditor’s Office, Courthouse, Sidney, Iowa.

1. PURPOSE. The purpose of this chapter is to protect residents of unincorporated Fremont County, Iowa against fraud, unfair competition and intrusion into the privacy of their homes by licensing and regulating solicitors.

2. DEFINITIONS. As used in this chapter, the following terms are defined:

Solicitor: Any person who represents themselves, any business, organization, or group soliciting or attempting to solicit from residences and/or upon the highway, right-of-way or street, monies, contributions or orders for goods, subscriptions, services or merchandise to be delivered immediately or at a future date.

3. LICENSE REQUIRED; FEES. Any person or organization engaging in solicitation in the County shall first obtain a license as provided in this chapter.

A. Application and License Fees:
          
i. At the time of license application, the applicant shall pay $25.00 to the Fremont County Sheriff, or his Designee for each person         making application for a 90-day solicitor's license.

ii. Any licensee who surrenders his/her license prior to the date of expiration shall not be entitled to a refund of any portion of the fee.

4. EXEMPTIONS. The following exemptions are to be permitted:

A. Newspaper carriers.

B. Members of local boy-scout, girl-scout, campfire or 4-H clubs, Future Farmers of America and similar nonprofit organizations, if the sales are to benefit the parent organization in its recognized operation and programs.

C. Farmers who offer for sale products of their own raising.

D. Students representing local schools conducting projects sponsored by organizations recognized by the schools.

E. Persons who make regularly scheduled route deliveries in residential areas of goods or services, e.g., lawn service, cable services, dairy product delivery service.

Representatives of charitable organizations exempt from federal taxation and/or nonprofit organizations shall be subject to the requirements of this chapter except that they shall not be required to submit permit or application fees.

If the Fremont County Sheriff or his designee shall find that the organization qualifies for the exemption provisions and if he/she finds that all required information has been submitted in writing, he/she shall issue a license free of charge.

A. No person shall stand in a street as defined in Iowa Code §321.1, including the roadway medians, curbs, traffic islands, shoulders, sidewalks or crosswalks for the purpose of soliciting contributions, donations or business from any person, without first meeting the requirements specified in this Ordinance.

B. Solicitation on public right of way or street shall not be conducted in a manner obstructing traffic or limiting visibility for traffic on right of way, or in any other way negatively impacting safety of vehicular or pedestrian traffic on public right of way.

An application for a solicitor's license shall be filed with the Fremont County Sheriff, or his designee. At the time of the application, the applicant shall pay to the Fremont County Sheriff, or his designee, the non-refundable sum of twenty-five dollars ($25.00) to cover administrative costs. The application shall contain the following information:

A. Name, permanent and local address, and local phone number for the solicitor;

B. Date of birth and physical description of the solicitor;

C. Company name and address;

D. Make, year, color and license plate information of any vehicle(s) to be used by the solicitor;

E. Description of merchandise;

F. Last three (3) places of business;

G. Solicitor's supervisor or manager, phone number and his/her local address;

H. A list of all convictions for criminal offenses (excluding traffic offenses) during the five (5) years prior to application, including any charges currently pending.

I. An Iowa Division of Criminal Investigation criminal history report to be supplied by each solicitor which is dated no more than thirty (30) days prior to the application.

Each solicitor is required to be photographed and a photo kept on file as well as placed on the solicitor's license.

The Fremont County Sheriff, or his designee, upon review of said license application request, shall determine whether a license will be issued to the applicant. A waiting period of not less than three (3) working days from the date of application shall be in effect to provide sufficient time for the Sheriff's (or designee's) decision making process. In making his/her decision, the Sheriff or his designee, shall consider the following factors:

A. The information in the application is found to be correct.

B. The applicant has not been convicted of a felony or any offense involving theft or fraud, or sexual abuse and/or a crime requiring sex offender registration, or any crime involving force or violence, moral turpitude or any violation of any law relating to the act of soliciting.

10. DISPLAY OF LICENSE. Each Solicitor shall at all times while doing business in the unincorporated county display the license provided for in this chapter.

11. TIME RESTRICTION. All licenses for solicitor sales shall be in force and effect only between the hours of 9:00 a.m. and 7:00 p.m. Monday through Saturday and 1:00 p.m. and 5:00 p.m. on Sunday.

12. LICENSE NOT TRANSFERABLE. Licenses issued under the provisions of this chapter are not transferrable in any situation and are to be applicable only to the person or organization to whom issued.

A. Fraudulent Representation/Harassment: No licensee shall falsely or fraudulently misrepresent themselves, the business they represent, the quality, character or quantity of any article, item or commodity offered for sale or sell any unwholesome or tainted food or foodstuffs. No licensee shall harass, intimidate, coerce or threaten any individual to induce a sale.

B. Prohibited Soliciting: No solicitor shall do business or attempt to do business upon any property on which there is posted notice that peddling and/or soliciting is prohibited.

C. Soliciting Without A License: It shall be unlawful to solicit without a valid license except as permitted in Section 4 of this Ordinance.

D. Supervisor or Employer: No person supervising or employing another to solicit shall knowingly allow a person under their supervision or employment to engage in an unlawful act as defined in this section. Each such unlawful act by each employee or supervised person may be charged as a separate offense. There shall be a rebuttable presumption that the supervisor or employer has knowledge of such unlawful acts if a police officer gives notice to the supervisor or employer of such unlawful acts and, subsequently, further unlawful acts are committed by the employee or person supervised.

E. Solicitation on public right of way or street shall not be conducted in a manner obstructing traffic or limiting visibility for traffic on right of way or in any other way negatively impacting safety of vehicular or pedestrian traffic on public right of way.

F. Each seller shall at all times while doing business in the unincorporated Fremont County display the license provided for in this chapter.

G. All licenses for solicitor sales shall be in force and effect only between the hours of 9:00 a.m. and 7:00 p.m. Monday through Saturday and 1:00 p.m. and 5:00 p.m. on Sunday.

14. REBATES ON LICENSE. No rebate shall be made upon revocation or upon surrender of any licenses before the expiration of the period for which it was issued.

A. Grounds; Notice:

i. The Sheriff may suspend any license issued under this chapter, pending the outcome of an administrative hearing, for any of the following reasons:

1. The licensee has made fraudulent statements in his/her application for the license or in the conduct of his/her business.

2. The licensee has violated this Ordinance or any other ordinance, or the Iowa Code, or has otherwise conducted his/her business in an unlawful manner.

3. The licensee has conducted his/her business in such manner as to endanger the public welfare, safety, order or morals.

4. The Sheriff has received and investigated three (3) or more written complaints during the licensed period from residents of the county who are dissatisfied with the manner in which the licensee is conducting business.

ii. The Sheriff shall immediately serve notice to the licensee either in person or by regular mail to the licensee's local address of the license suspension, the specific reason(s) for such action, and the date and time of hearing with the Fremont County Board of Supervisors to review the particulars of the suspension.

B. Hearing: A hearing shall be conducted by the Fremont County Board of Supervisors, with the assistance of the Sheriff, or his designee, not more than seven (7) days after he/she has suspended a license. The licensee and any complainants may be present to determine the truth of the alleged violation of this chapter. Should the licensee or his/her authorized representative fail to appear without good cause, the Board of Supervisors may proceed to a conclusion.

C. Revocation: After the Board of Supervisors has reviewed the facts, they shall revoke a license if they find that a violation of this chapter has occurred. The revocation shall be effective immediately.

D. If the Board revokes or refuses to issue a license, the County Auditor shall make a part of the record the reasons therefore.

Effect of Revocation or Denial: Revocation or denial of any license shall bar the licensee or applicant from being eligible for any license under this chapter for a period of at least one (1) year from the date of the revocation or denial. If the reason for revocation involves repeated offenses or a criminal offense, the revocation period may become permanent.

16. PENALTY. Commission of any act declared unlawful under ORDINANCE 2009-1 is a simple misdemeanor punishable as provided in Iowa Code Section 903.1.

17. EXPIRATION OF LICENSE. All licenses granted under this chapter shall expire at 7:00 p.m. on the last day for which the license was issued.

Dated 7-22-09.

ATTEST

At 7:20 p.m. motion was made by Hendrickson to authorize Chairman Larson to sign IDOT Contract Construction Progress Voucher for Project FM-CO36(046)—55-36. Morgan, aye; Hendrickson, aye; Larson, aye.

Motion was made by Hendrickson to authorize Chairman Larson to sign Iowa Telecom Permit for placing 1400’ of 24 fiber cable along J-34 for new cellular 29 cell site, Sidney East Twp. 27. Morgan, aye; Hendrickson, aye; Larson, aye.

Motion was made by Hendrickson to approve the following resolution.

RESOLUTION NO. 2009-46

RESOLUTION TO ACCEPT LOW BID AND AWARD CONSTRUCTION CONTRACT

WHEREAS, the Fremont County Board of Supervisors held a letting for construction projects on July 15, 2009, and

WHEREAS, two (2) bids were received for RCB Culvert Project L-7-35-3.

NOW THEREFORE BE IT RESOLVED by the Board of Supervisors of Fremont County that the contract be awarded to Christensen Bros., Inc. of Cherokee, Iowa for the low bid of $147,715.00. The cost of this project shall be paid from Secondary Road funds.

Motion to approve made by Hendrickson.

Approved this 22^nd day of July 2009.

ATTEST

/s/ Joan Kirk                                                                                                     /s/ Chuck Larson, Chairman      aye
Fremont County Auditor                                                                                 /s/  Earl Hendrickson                  aye
by June Hardy, Asst. Auditor                                                                          /s/  Cara Morgan                         aye

At 7:30 p.m. Mike Crecelius, Emergency Management Coordinator, met with the Board and reported that an auger and some other items belonging to emergency management were missing. He reported that the items disappeared sometime between August 2008 and May 2009. He said that a police report has been filed.

At 7:45 p.m. the Board discussed the Chamber’s request for permission to locate a live band on the courthouse’s raised parking space and to have access to electricity from 2:00 p.m. until 6:00 p.m. on Tuesday, July 28. Motion was made by Hendrickson to table due to not enough information. Morgan, aye; Hendrickson, aye; Larson, aye.

The Board also discussed the Chamber’s request for permission to play recorded music from the courthouse lawn during Wednesday, Thursday, Friday and Saturday (July 29 through August 1st) for the flea market. Motion was made by Morgan to allow music as long as extension cords are not used and it does not interfere with courthouse business. Hendrickson, aye; Morgan, aye; Larson, aye.

At 8:00 p.m. motion was made by Morgan to approve setting a bond at $28,550 for the proposed Iowa Chute Drainage District. Hendrickson, aye; Morgan, aye; Larson, aye.

At 8:15 p.m. members of the Conservation Board met with the Board with an update on the golf course. Present were Bobbie Benton, Becky Shull, Wilbur Henkle and Executive Director Brent Travis. Henkle reported on changes being made to cut expenses and said they are working on ways to bring in more revenue and get more exposure for the golf course. They stated that their meetings have been changed to the first Wednesday of each month.

At 9:15 a.m., there being no further business, motion was made by Morgan to adjourn. Hendrickson, aye; Morgan, aye; Larson, aye.

ATTEST:

Fremont County Auditor                                                                                 Chuck Larson, Chairman

July 29, 2009:

The Fremont County Board of Supervisors met in regular session on Wednesday, July 29, 2009, in the Fremont County Courthouse Boardroom with Larson, Hendrickson 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.

Patricia Rengifo-Lant was present.

At 9:00 a.m. Angie Lutt, representing the Farragut Community Committee, met with the Board to request a donation for the Farragut Community Days celebration. Motion was made by Morgan to approve $500.00 for the event. Hendrickson, aye; Morgan, aye; Larson, aye. Larson explained that as with the other donations for community celebrations, they would like the money to be spent on advertising and a report given to the Board as to how it was spent.

At 9:15 a.m. Mike Crecelius met with the Board for a department update.

At 9:30 a.m. Steve Whitehead met with the Board for a department update.

At 9:45 a.m. County Engineer Dan Davis met with the Board. Bid openings for an A-21 and A-22 were held. Present were Mike Batenhorst, Lyle Tackett, Larry Moores and representatives from Peterbilt, Freightliner and Cornhusker International. The following bids were received: Peterbilt – net bid without trade-in, $94,008 and net bid with trade-in, $82,008; Freightliner – net bid without trade-in, $83,790, and with trade-in, 67,790; Cornhusker International – net bid without trade-in, 100,000, and with trade-in, $80,000. Motion was made by Hendrickson to table until the bids can be reviewed and a recommendation made. Morgan, aye; Hendrickson, aye; Larson, aye.

The Board then reviewed quotes for the Treasurer’s testing site for motorcycles and semi-trucks at the road department. The following bids were received: National Seal Coat & Striping - $64,125; Tri-State Contractors - $40,375; Southwest Iowa Parking Lot Maintenance - $41,562.50; Henningsen Construction Inc. - $42,365.27; Western Engineering Co. Inc. - $36,812.50. Motion was made by Hendrickson to accept the low bid from Western Engineering Co. Inc. Morgan, aye; Hendrickson, aye; Larson, aye.

Motion was made by Morgan to sign contracts and bonds for Christensen Bros., Project L-7-35-3 215^th Street Box. Hendrickson, aye; Morgan, aye; Larson, aye.

Motion was made by Hendrickson to authorize Chairman Larson to sign Work in Right-of-Way Permit for Extreme Trenching for Qwest telephone services lines at 4016 150^th Street. Morgan, aye; Hendrickson, aye; Larson, aye.

Motion was made by Morgan to sign Resolution No. 2007-47.

WHEREAS Chapter 306, Section 306.41 of the Code of Iowa, provides for the temporary closing of a highway for construction, reconstruction, maintenance, or natural disaster, and

WHEREAS the Iowa Department of Transportation has requested 155^th street
West of McPaul closed during construction of a bridge on I-29.

NOW THEREFORE BE IT RESOLVED by the Fremont County Board of Supervisors that the following section of highway be temporarily closed as necessary until such time as said construction, reconstruction, or repair work has been completed 

A road (155^th Street) in Scott Township more particularly described as follows:

Commencing at the west entrance and exit ramps to I-29 thence east approximately 530 feet to the east entrance and exit ramps of I-29 in Section 32, T70N-R43W and terminating. 

Motion to approve made by Morgan.

Approved this 29^th day of July, 2009

ATTEST:

At 10:00 a.m. Larson read the entire ordinance concerning Solicitation Policy. Motion was made by Hendrickson to approve the first consideration and vote on ordinance concerning solicitation policy. Morgan, aye; Hendrickson, aye; Larson, aye.

At 10:15 a.m. County Attorney Margaret Johnson and Treasurer Judy Crain met with the Board regarding tower taxes owed by International Communications Group, Inc. and Corban Towers, Inc. They informed the Board that Corban Towers, Inc. owns taxable property in Fremont County, with taxes due and owing totaling $26,658.00. They stated that the company has filed for bankruptcy Motion was made by Morgan to direct the County Attorney to file a claim for taxes with the United States Bankrupcy Court. Hendrickson, aye; Morgan, aye; Larson, aye.

At 10:30 a.m. motion was made by Morgan to approve the emergency management trailer to be on the courthouse grounds on Saturday, August 1^st.

At 10:45 a.m. Rick Barton and Riverton City Clerk Carol Jennings met with the Board regarding tax sale property in Riverton for which taxes have not been paid for three years. Barton was interested in buying tax certificates on the property. The Board told him to write a letter making an offer for their consideration.

At 11:00 a.m. Mike Laughlin met with the Board regarding the Manti Park bridge. He said that the bridge needs repair and presented pictures of its condition. He said he had talked to the county engineer and was told that the road department has some used bridge planks and he would have no objection to donating them but that Laughlin would need to check with the Board for their approval. Motion was made by Hendrickson to donate material to repair the bridge. Morgan, aye; Hendrickson, aye; Larson, aye.

At 11:15 a.m. Larry Whitehead met with the Board regarding Northwest Road, a farm to market road near Imogene. He said the city would like to re-rock the road and he was asking if the county could re-blade the road so that it would have a good base. Motion was made by Morgan to blade the road once to condition for rock. Hendrickson, aye; Morgan, aye; Larson, aye.

Payroll was approved for July 31, 2009.

The following claim was approved for a handwritten warrant. General Basic Fund: Treasurer-State of Iowa, Golf Course Sales Tax, $3,366.00.

At 11:30 a.m., there being no further business, motion was made to adjourn. Hendrickson, aye; Morgan, aye; Larson, aye.

ATTEST:

Fremont County Auditor                                                                                 Chuck Larson, Chairman