Board of Supervisors Minutes
September 2007
September 4, 2007:
The Fremont County Board of Supervisors met in regular session on Tuesday, September 4, 2007, in the Fremont County Courthouse Boardroom with Larson, Whipple, and Hendrickson 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. Pat Hume, with Western Iowa Tourism, met with the Board to give them an update on a Missouri River Loess Hills Summit Meeting held on August 30, 2007. Hume said they are in the process of declaring Fremont County’s Scenic Byway an All American Road and National Reserve, which would make more tourism grants available to Fremont County.
Hume also said new brochures are needed for Fremont County, which could partly be paid for by grant funds. The brochures will feature in part, the Loess Hills, wetlands and state parks. For 10,000 brochures the cost will be approximately $5,000. Hume said they would like to apply for some of the county’s tourism money to help pay for the brochures. The Board said they would need a request in writing to be considered.
Claims were approved for September 7, 2007.
At 10:20 a.m., there being no further business, Whipple made a motion to adjourn. Whipple, aye; Hendrickson, aye; Larson, aye.
ATTEST:
Fremont County Auditor Chuck Larson, Chairman
September 6, 2007:
The Fremont County Board of Supervisors met in regular session on Thursday, September 6, 2007, in the Fremont County Courthouse Boardroom with Larson, Whipple and Hendrickson 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.
At 6:30 p.m. the Fremont County Conservation Board met with the Board of Supervisors. Present were Robert Benton, Steve White, Kirk Shearer and Executive Director Ryan Funke. County Attorney Margaret Johnson was also present. Several different concerns about the golf course were discussed. Kirk Shearer said that the concession contract had always gone to the executive director as part of his contract. Other items of discussion were mowing, the need to establish job descriptions, chain of command and condition of fairways. Shearer stated that two fairways had been lost to fungus; that they could only afford to spray the greens and tees. Robert Smith arrived at the meeting at 6:55 p.m. At 7:00 p.m. the Conservation Board left to hold their monthly meeting and said they would return after the next item on the agenda.
At 7:00 p.m. Chairman Larson announced that a public hearing would now be held to review a proposal by DeBruce Ag Service, Inc. to upgrade the current anhydrous storage facility located at the grain elevator site in Percival, Iowa from the current 12,000-gallon tank to a 30,000-gallon tank. He stated that the hearing would be recorded. Present were Christopher A. Boyd, Evelyn Rahr, Mary Sherwood, Curtis Boyd, Sylvia Meek, David A. Meek, Max Boyd, Edward Hunt from DeBruce Grain, and Margaret E. Johnson. Chris Boyd presented the board with a petition with forty-two signatures reading as follows: " the proposed site is at the southeast corner of Percival and if there would happen to be a leak with winds out of the south or southeast, it would be a great danger to all the residents. There had never been an ammonia storage tank at that location until DeBruce converted the propane tank, which was used by Percival Grain, to an ammonia tank. We, as residents, do strongly protest having this storage facility within the one (1) to two (2) blocks or less of our homes." The residents questioned how the storage facility got to be changed from propane to anhydrous, if a public hearing was held and if the Board of Adjustment had recommended its approval. Hunt stated that it changed to anhydrous at least ten years ago and was licensed by the State. He said that they had done some work on the office building and cleanup work awhile back and had the State of Iowa come to look at it. He said there was no problem with putting the tank up; according to them, it’s within the guidelines. Whipple stated that at this point the Board of Supervisors couldn’t do anything, that they would have to do some research and it would be turned over to the Board of Adjustment and they would have a public hearing. At 7:35 p.m. motion was made by Hendrickson to close the hearing. Whipple, aye; Hendrickson, aye; Larson, aye.
At 7:40 p.m. the Conservation Board returned to the meeting. Present were Robert Benton, Steve White, Kirk Shearer, Ryan Funke and Lonnie Shanno. Lonnie spoke about the problem with fungus on the fairways. He stated that the daytime temperatures, nighttime temperatures and humidity had caused the fungus to grow and spread and although he had tried many things, he could not get rid of it. He said chemicals for golf courses are much more expensive than regular farm chemicals and there was not enough money in the budget to spray as much and as often as needed. He said there are other golf courses having the same problem.
Discussion was then held regarding Pinky’s Glen. Steve White stated that people are starting to come to the park to walk and there have been some campers. He said they do have access to the lake for fishing. White said he would like to have some fund raising events to raise money for the park since its only funding comes from REAP money. He stated that they are putting in two steel picnic tables at the shelter and want to put in a guard light. Larson stated that they need to put a sign up to let people know that there is a county park there.
At 8:35 p.m., there being no further business, motion was made by Hendrickson
to adjourn. Whipple, aye; Hendrickson, aye, Larson, aye.
ATTEST:
Fremont County Auditor Chuck Larson, Chairman
September 11, 2007:
The Fremont County Board of Supervisors met in regular session on Tuesday, September 11, 2007, in the Fremont County Courthouse Boardroom with Larson, Whipple, and Hendrickson 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 Fremont County Engineer Dan Davis met with the Board. Motion was made by Hendrickson to authorize Chairman Larson to sign a payment voucher with HGM for Project BROS-CO36(41)—5F-36. Whipple, aye; Hendrickson, aye; Larson, aye.
At 9:15 a.m. Hendrickson made a motion to approve the following Resolution No. 2007-57. Hendrickson, aye; Whipple, aye, Larson, aye.
LOCAL MATCH RESOLUTION #2007-57
FOR THE HAZARD MITIGATION GRANT PROGRAM
WHEREAS, Fremont County (hereinafter called "the Sub grantee"), County of
Fremont, has made application through the Iowa Homeland Security and Emergency
Management Division (HSEMD) to the Federal Emergency Management Agency (FEMA)
for funding from the Hazard Mitigation Grant Program, in the amount of $5000.00
and
THEREFORE, the Sub grantee recognizes the fact that this grant is based on a cost
share basis with the federal share not exceeding 75%, the state share not
exceeding 10% and the local share being a minimum of 15% of the total project
cost.
and
THEREFORE, the Sub grantee agrees to provide and make available $750.00 (Seven
Hundred and Fifty dollars) of local monies to be used to meet the 15% match
requirement for this mitigation grant application.
The resolution was passed and approved this 11th day of September, 2007.
ATTEST:
/s/ Joan Kirk
/s/ Chuck Larson, Chairman
Fremont County Auditor
/s/ John E. Whipple
/s/ Earl Hendrickson
At 9:30 a.m. the Board discussed the asphalt-paving bill for asphalt work on the courthouse parking lot. Hendrickson said he would speak to the county attorney regarding correspondence with the asphalt company’s insurance agent. Also present was Steve Whitehead.
Payroll was approved for September 14, 2007.
In other business, the following claim was approved for a handwritten warrant. Secondary Road Fund: Farragut Oil, Fuel, $19,280.77.
The County Recorder’s Monthly Report was approved.
At 10:10 a.m., there being no further business, Hendrickson made a motion to adjourn. Whipple, aye; Hendrickson, aye; Larson, aye.
ATTEST:
Fremont County Auditor Chuck Larson, Chairman
September 13, 2007:
At 8:30 a.m. on Thursday, September 13, 2007, a department head meeting was held in the Fremont County Courthouse Boardroom. Present were John E. Whipple, Dan Davis, Art Claiborne, Karen Berry, Nancy Henneman, Steve Whitehead and Joan Kirk. Topics discussed were: addresses regarding The Wilds and fuel system.
The Fremont County Board of Supervisors did not meet on Thursday, September 13, 2007, because there was not a quorum.
ATTEST:
Fremont County Auditor Chuck Larson, Chairman
September 14, 2007:
The Fremont County Board of Supervisors met on Friday, September 14, 2007, in the Fremont County Courthouse Boardroom with Whipple and Hendrickson present. A quorum was declared and the meeting officially called to order at 9:00 a.m.
At 9:00 a.m. the Board of Supervisors, concurring with the County Auditor, held the official canvass of votes cast in the September 11, 2007 School Election. Supervisors Whipple and Hendrickson were present. County Auditor Joan Kirk and Dee Owen were present. Motion was made by Hendrickson to declare the following elected. Whipple, aye; Hendrickson, aye.
Farragut Community School – Jeff McQueen, Farragut Director District 5 (3 write-in votes); Monica Whitehead, Farragut Director District 6 (5 votes).
Fremont-Mills Community School – Matthew Kent Lorimor, Fremont-Mills Director District 3 At Large (29 votes).
Hamburg Community School – Greg Warden, Hamburg School Director At Large (22 votes); William B. Green, Hamburg School Director At Large (17 votes).
Sidney Community School – Jeff Jorgenson, Sidney School Director At Large (51 votes); Michael A. Daly, Sidney School Director At Large (43 votes).
IWCC Merged Area District 1 – Fred Lisle (12 votes).
IWCC Merged Area District 2 – Colleen Geiger (96 votes).
There being no further business, motion for adjournment was made.
ATTEST:
Fremont County Auditor Chuck Larson, Chairman
September 18, 2007:
The Fremont County Board of Supervisors met in regular session on Tuesday, September 18, 2007, in the Fremont County Courthouse Boardroom with Whipple and Hendrickson present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Minutes of the Tuesday, September 11, 2007, board session and minutes of Friday, September 14, 2007, board session were read and approved. The agenda was approved as posted.
At 9:00 a.m. Steve Whitehead, Maintenance Supervisor, met with the Board regarding finishing the sidewalk around the courthouse. Whitehead said it would be a few years before the city would be working on their downtown project and would like the Board to approve going ahead with finishing the sidewalks. The Board told him to get specs and plan on finishing the sidewalk in the spring.
At 9:15 a.m. Fremont County Engineer Dan Davis met with the Board. Motion was made by Hendrickson to authorize Vice-Chairman Whipple to sign a Change Order No. 1 (Decrease of $8,200.00) for fuel system. Whipple, aye; Hendrickson, aye.
At 9:45 a.m. Pat Hume met with the Board regarding funds for tourism brochures for Fremont County. Also present were Lona Lewis and Edna Eaton. The group presented the Board with a plan and a budget to develop the new brochures and was asking for $10,000 of Hotel/Motel Tax money to help with the project. Hume said the brochures would be distributed to area businesses and welcome centers across Iowa. Lewis said they could take the money in increments, saying they would not know for sure how much this project would cost, that it could be less. Hendrickson made a motion to award the money in increments, not to exceed $10,000. Hendrickson, aye; Whipple, nay. Whipple would like to see them get a base flyer put together and start with that. Whipple felt if they received $3,000 from Hotel/Motel Tax and $1,000 from a Western Iowa Tourism Grant, that should get them started. Hendrickson made a motion to authorize the $3,000 from Hotel/Motel Tax. Hendrickson, aye; Whipple, aye. Hume said they would keep them updated and will check back with them at a later date.
Claims were approved for September 21, 2007.
At 10:10 a.m., there being no further business, Hendrickson made a motion to adjourn. Whipple, aye; Hendrickson, aye,
ATTEST:
Fremont County Auditor Chuck Larson, Chairman
September 20, 2007:
The Fremont County Board of Supervisors met in regular session on Thursday, September 20, 2007, in the Fremont County Courthouse Boardroom with Larson, Whipple, and Hendrickson 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. Kim Gee met with the Board and gave an update on FREDCO.
At 9:30 a.m. William Blackburn met with the Board regarding the possibility of establishing an Environmental Learning Center on property he owns in Scott Township. In order to get people to the property, Cemetery Road would have to be used. His concern is that washouts are too deep and would make travel on that road unsafe. He has been looking into finding enough people that would be interested in this type of facility, and does not want to develop the land or use it for hunting. He was hoping with the support of the Fremont County Board of Supervisors he could be eligible for enough grant money to help with his project. The Board gave him several organizations he could contact regarding grants for his type of project. He said he would put together a disk of slides and mail it to the Board. Also present were Carl Priebe and Kim Gee.
At 10:00 a.m. County Engineer Dan Davis met with the Board. Motion was made by Hendrickson to authorize Chairman Larson to sign Permit to Work in ROW with Extreme Trenching for Qwest service lines at Steve Stenzel new residence. Whipple, aye; Hendrickson, aye; Larson, aye.
Motion was made by Hendrickson to authorize Chairman Larson to sign IDOT payment voucher with HGM on J34 project. Whipple, aye; Hendrickson, aye; Larson, aye.
At 10:15 a.m. Randy Monroe did not come to the meeting as scheduled.
In other business, the following claim was approved for a handwritten warrant. Secondary Road Fund: Iowa Communities Assurance Pool, Pesticide Coverage, $941.00.
At 10:40 a.m., there being no further business, Hendrickson made a motion to adjourn. Whipple, aye; Hendrickson, aye; Larson, aye.
ATTEST:
Fremont County Auditor Chuck Larson, Chairman
September 25, 2007:
The Fremont County Board of Supervisors met in regular session on Tuesday, September 25, 2007, in the Fremont County Courthouse Boardroom with Larson, Whipple and Hendrickson 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. Sandie Sillers, Fremont County CPC/Community Services Director, met with the Board requesting approval of the Case Management Final Cost Report for last year. Motion was made by Hendrickson to authorize Chairman Larson to sign the final report. Hendrickson, aye; Whipple, aye; Larson, aye.
At 9:10 a.m. County Attorney Margaret E. Johnson stopped in to visit with the Board.
At 9:40 a.m. Hendrickson made a motion to approve the following Resolution No. 2007-58. Hendrickson, aye; Whipple, aye; Larson, aye.
A RESOLUTION OF SUPPORT FOR A GOLDEN HILLS RC&D/FREMONT COUNTY GRANT APPLICATION TO THE IOWA DEPARTMENT OF TRANSPORTATION FOR A TRANSPORTATION ENHANCEMENT PROJECT
WHEREAS, Fremont County agrees to serve as a Co-Sponsor/Applicant as outlined
in the grant application and supporting materials; and
WHEREAS, Fremont County’s financial activities relating to this grant
application will be accounted for IRS auditing and financial reporting purposes;
and
WHEREAS, Fremont County is a recognized tax-exempt entity and will exercise
full control over the financial administration, management and disbursement of
funds; and
WHEREAS, If the grant is awarded, Fremont County is responsible for ensuring
completion of timely reports and submission of necessary financial statements
required by the grantor; and
WHEREAS, the development of this project is instrumental in creating an
awareness of the cultural resources in the Loess Hills and will aid in becoming
an All-American Road
NOW, THEREFORE BE IT RESOLVED BY THE FREMONT COUNTY BOARD OF SUPERVISORS THAT:
Section 1: The County wholly endorses this project and agrees to serve as the
Co-Sponsor/Applicant.
Section 2: Golden Hills RC&D/Fremont County will provide adequate over site to
ensure completions of the project.
PASSED AND APPROVED, this 25th day of September, 2007.
ATTEST:
/s/ Joan Kirk , Auditor /s/ Chuck Larson, Chairman
In other business, the Sheriff’s Monthly Report was approved.
Payroll was approved for September 28, 2007.
The following claim was approved for a handwritten warrant. Secondary Road Fund: Petroleum Marketing Mutual Insurance Company, Insurance/New Tank Site, $1030.00.
At 9:50 a.m., there being no further business, Hendrickson made a motion to adjourn. Whipple, aye; Hendrickson, aye; Larson, aye.
ATTEST:
Fremont County Auditor Chuck Larson, Chairman
September 27, 2007:
The Fremont County Board of Supervisors met in regular session on Thursday, September 27, 2007, in the Fremont County Courthouse Boardroom, with Larson, Whipple, and Hendrickson 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 Whipple to authorize Chairman Larson to sign Renewal of a Class C Beer Permit for Sidney Foods, Ltd. Whipple, aye; Hendrickson, aye; Larson, aye.
At 9:15 a.m. Hendrickson made a motion to approve the following Resolution No. 2007-59. Hendrickson, aye; Whipple, aye, Larson, aye.
BE IT HEREBY RESOLVED that the Fremont County, Iowa, Board of Supervisors shall hold a final public hearing, final consideration and final vote on October 11, 2007, at 10:00 a.m. for the purpose of reviewing and adopting an ORDINANCE concerning Hazardous Waste and cost Recovery/Liability for Clean-Up Costs. First consideration and vote on the ORDINANCE shall occur at 6:30 p.m. on October 4, 2007. Second consideration and vote shall occur at 10:00 a.m. on October 9, 2007. The proposed ORDINANCE is printed in full at the end of this resolution, and will be so printed in the county’s official newspaper for legal publications, and will be made available for public inspection during regular business hours at the County Auditor’s Office, Courthouse, Sidney, Iowa.
FREMONT COUNTY, IOWA
PUBLIC ORDER AND SAFETY
ORDINANCE 2007-59
HAZARDOUS WASTE1. Purpose 5. Cleanup Required
2. Definitions 6. Liability for Cleanup Cost
3. Notifications 7. County Liability
4. Law Enforcement Authority
1. PURPOSE.
In order to reduce the danger to public health, safety and welfare resulting
from conditions created by the storage, transportation or handling of hazardous
substances and/or wastes in the County, these regulations are promulgated to
establish the responsibility for the removal, disposing and/or cleaning
involving hazardous substances and/or hazardous wastes in the County.
2. DEFINITIONS.
For purposes of this chapter the following terms are defined:
1.
“Authorized person” means the Fremont County Emergency Management
Coordinator or his/her designee, who may
also appoint the Sheriff, Chief Deputy or the Fire
Chief.
2. “Cleanup” means the same as defined in Section 455B.381(1) of the Code of Iowa.
3. “Hazardous condition” means any circumstance as defined in Section 455B.381(4) of the Code of Iowa.
4. “Hazardous substance” means any substance as defined in Section 455B.381(5) of the Code of Iowa.
5. “Hazardous waste” means such waste as defined in Section 455B.411(3a) and (4) of the Code of Iowa.
6.
“Person having control over a hazardous substance and/or hazardous waste”
means a person who at any time in the County
produces, handles, stores, uses, transports, refines or
disposes of a hazardous substance and/or hazardous waste, the
release of which creates a hazardous condition, as
defined in Section 455B.381(7) of the Code of Iowa
7. “Release” means the same as defined in Section 455B.381(8) of the Code of Iowa.
8. “Treatment” means the same as defined in Section 455B.411(10) of the Code of Iowa.
3. NOTIFICATIONS.
1. Any person having control over a hazardous substance and/or hazardous waste shall immediately notify the Fremont County Sheriff’s Office (by dialing 911) of the occurrence of a hazardous condition as soon as possible.
The Sheriff’s Office shall immediately notify:
A. Fremont County Emergency Management Agency,
B. The appropriate fire department.
C. The
Department of Natural Resources, as soon as possible but no later than six (6)
hours after the onset of
the hazardous condition or discovery of the hazardous condition.
2. Any County or municipal employee or member of a law enforcement agency, city or township fire department, or ambulance service who discovers a hazardous condition shall immediately notify the Fremont County Sheriff’s Office. The authorized person shall notify the proper State Authority in the manner established by State regulation.
4. AUTHORITY. If the circumstances do require, an authorized person may:
1. Order evacuation of persons to areas away from the site of a hazardous condition, and/or,
2. Establish perimeters or other boundaries at or near the site of a hazardous condition and limit access to such site.
No person shall disobey an order of an authorized person, any law enforcement or fire official acting under the direction of the authorized person, when an order is issued under this section.
5. CLEANUP REQUIRED.
1. Whenever a hazardous condition is created, the person having control over a hazardous substance and/or hazardous waste shall alleviate the condition by cleanup and/or treatment, as defined in Section 5 of this chapter, and shall restore the affected area to its condition prior to the hazardous condition as far as practicable. The cost of cleanup and/or treatment shall be borne by the person having control over a hazardous substance and/or hazardous waste.
2. If the person having control over a hazardous substance and/or hazardous Waste cannot be located within a two-hour period of time, or if the person having control over a hazardous substance and/or hazardous waste does not cause the cleanup and/or treatment to begin within a two-hour period of time, the County may, by the authorized person, give notice (which shall be reasonable in form considering the character of the hazardous condition). The notice shall state the following:
A. A deadline accomplishing the cleanup and/or treatment;
B. The
County will proceed to procure cleanup and/or treatment services if the cleanup
and/or treatment is not
accomplished within the deadline;
C. A reasonable estimate of the cost of cleanup and/or treatment;
D.
The person having control over a hazardous substance and/or hazardous
waste will be billed for all costs
associated with the cleanup and/or treatment, including, but not limited
to, equipment rendered unserviceable,
personnel cost (including overtime), disposal cost and any other cost
associated with the cleanup and/or treatment;
3. If the bill for the above services is not paid within thirty (30) days, the County may proceed, after service of notice, either by certified mail or by three publications in a newspaper having general circulation within the County, and hearing before the Board of Supervisors, to obtain payment by all available legal means.
4. If the cost of cleanup and/or treatment is beyond the capacity of the County to finance it, the authorized person shall proceed pursuant to Section 455B.423 of the Code of Iowa and immediately seek any State or federal funds available for such cleanup or treatment.
6. LIABILITY FOR CLEANUP COSTS.
The person having control over a hazardous substance and/or hazardous waste shall be strictly liable to the County for cleanup costs incurred by the County. The scope of the liability for cleanup costs shall be consistent with liability to the State as defined in Section 455B.392 and 455B.418(1) (c) of the Code of Iowa.
7. COUNTY LIABILITY.
Except where the County is the person having control over a hazardous substance and/or hazardous waste, the County shall not be liable to any person for claims of damages, injuries, or losses resulting from any hazardous condition.
Motion to approve resolution by Hendrickson.
Attest:
/s/ Joan Kirk
/s/ Chuck
Larson, Chairman aye
Fremont County Auditor /s/
John E. Whipple
aye
/s/ Earl Hendrickson
aye
At 9:48 a.m., there being no further business, Whipple made a motion to adjourn.
Whipple, aye; Hendrickson, aye; Larson, aye.
ATTEST:
Fremont County Auditor
Chuck Larson, Chairman