Board of Supervisors Minutes
December 2001
December 4, 2001:
The Fremont County Board of Supervisors met in regular session on Tuesday, December 4, 2001, in the Fremont County Courthouse, Boardroom, with Whipple, Aistrope and Hickey present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Hickey moved to approve the agenda as posted; vote carried unanimously. Supervisor Hickey moved to approve the minutes of the previous Board session; vote carried unanimously.
At 9:30 a.m. discussion was held in regards to Courthouse security and the Courthouse security system. Present were County Attorney Vicki Danley, Recorder Margaret Henkle, Assessor Karen Berry, Treasurer Christine Sheldon and Auditor Lucille Hunt. Danley said the Sheriff was out of town. The Board visited with the Sheriff’s Office by telephone and asked if there is a procedure if an office activates the security system. The Sheriff’s department assured the Board that they would respond immediately when the security system is activated. The Board also requested an opinion from the County Attorney in regards to a specific form filed for property tax exemption.
At 10:30 a.m. Jean Sidwell met with the Board in regards to drainage problems on her property and on the road right of way. After discussion, motion was made by Hickey to have Greedy Construction clean the roadway right of way in that area with rural local option tax money. Motion was seconded by Aistrope and carried unanimously. The area cleaned would be approximately six hundred dollars.
At 11:00 a.m. Nathanael George met with the Board in regards to purchasing a tax sale certificate on property in Sidney. The Board told him he might want to talk it over with his attorney and then submit a bid to the Board.
The following claims for December 7, 2001 were approved. Claim numbers 17095, 17099 and 17100 were not approved.
There being no further business, motion for adjournment was made.
ATTEST:
Fremont County Auditor John E. Whipple, Chairman
December 6, 2001:
The Fremont County Board of Supervisors met in regular session on Thursday, December 6, 2001, in the Fremont County Courthouse, Boardroom, with Aistrope and Hickey present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Hickey moved to approve the agenda as posted; vote carried unanimously. Supervisor Hickey moved to approve the minutes of the previous Board session; vote carried unanimously.
At 9:15 a.m. County Engineer Dan Davis met with the Board. Motion was made by Hickey to authorize Vice Chairman Aistrope to sign a Fremont County Road Right of Way Use Permit for applicant Bob Geiger of Thurman, Iowa to clean out a road ditch and put dirt back into the field in Section 8, T69N, R43W (SW1/4). Motion carried unanimously.
At 9:30 a.m. Tracy Vanatta, introduced herself as Director of Southwest Iowa Home Health, hired by Grape Community Hospital. She requested that the Board modify the home care aide funds. She discussed with the Board why she needed to modify the plan. She will submit a form for them to sign at a later date.
At 10:00 a.m. Vicki Danley, County Attorney, met with the Board to discuss a resolution, prepared by the County Attorney, proposing the Clerk of Court Office be returned to Fremont County. The Board said something needs to be done and they would like to join other counties and submit the same resolution with the same goal to retain the Clerk of Court offices in each county. Hubert Houser, Effie Boggess and Gerald Jones will be meeting with Fremont County on December 13, 2001.
There being no further business, motion for adjournment was made.
ATTEST:
Fremont County Auditor David Aistrope, Vice Chairman
December 11, 2001:
The Fremont County Board of Supervisors met in regular session on Tuesday, December 11, 2001, in the Fremont County Courthouse, Boardroom, with Whipple, Aistrope and Hickey present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Hickey moved to approve the agenda as posted; vote carried unanimously. Supervisor Hickey moved to approve the minutes of the previous Board session; vote carried unanimously.
The County Attorney canceled the 9:00 a.m. item on the agenda, Conduct of Elected Officials, by email.
At 9:30 a.m. the Board requested that the Auditor distribute the budget worksheets, a letter regarding budget worksheets, the budget preparation schedule and a copy of the Code of Iowa regarding the county budget preparation and certification.
At 10:00 a.m. the following resolution was approved.
RESOLUTION: BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 11th day of December, 2001, that the following holidays shall be observed by the Fremont County Courthouse Offices during the 2002 year: New Years Day, Tuesday, January 1, 2002; President’s Day, Monday, February 18, 2002; Good Friday, Friday, March 29, 2002; Memorial Day, Monday, May 27, 2002; Independence Day, Thursday, July 4, 2002; Labor Day, Monday, September 2, 2002; Veteran’s Day, Monday, November 11, 2002; Thanksgiving, (Thurs. & Fri.), November 28 & 29, 2002; Christmas, (Tues. & Wed.), December 24 & 25, 2002
Motion to approve made by Hickey, seconded by Aistrope, carrying unanimously.
ATTEST:
/s/ Lucille Hunt
/s/ John E. Whipple, Chairman
Fremont County Auditor
/s/
David Aistrope
/s/ Keith Hickey
Motion was made by Hickey to authorize Chairman Whipple to sign an agreement to provide a cost allocation plan for Fremont County with DMG-MAXIMUS, Inc. Motion was seconded by Aistrope and carried unanimously.
At 10:30 a.m. Tracey Vanatta, Southwest Iowa Home Health, met with the Board. Motion was made by Hickey to sign a request to modify the FY02 Community Services contract and a statement that Tracey Vanatta will serve as the agency director for Fremont County public health services as of December 4, 2001. Motion carried unanimously.
The liquor license approval for Skyline Sportsman Club LLC was moved to Thursday’s agenda as the dram shop liability certificate of insurance was not presented with the license renewal.
The Recorder’s Report of Fees Collected and payroll for December 14, 2001 were approved.
There being no further business, motion for adjournment was made.
Hickey left to attend the Waubonsie Mental Health Meeting in Clarinda.
ATTEST:
Fremont County Auditor John E. Whipple, Chairman
December 13, 2001:
The Fremont County Board of Supervisors met in regular session on Thursday, December 13, 2001, in the Fremont County Courthouse, Boardroom, with Whipple, Aistrope and Hickey present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Hickey moved to approve the agenda as posted; vote carried unanimously. Supervisor Hickey moved to approve the minutes of the previous Board session; vote carried unanimously.
At 9:00 a.m. Todd Ohlmeier met with the Board. He submitted a bid for an assignment of tax sale certificate now held by the Board on some property in Hamburg. The Board sent the bid and the description along with a letter to the County Attorney for legal papers to be prepared for assignment.
Motion was made by Hickey to approve the family farm applications as submitted. Motion seconded by Aistrope, carrying unanimously.
Motion was made by Aistrope to allow Darwin Bugg of the Fremont County Soil and Water Conservation District to remove the building on the Sheryl G. Sanders FEMA Hazard Mitigation site, FEMA-1230-DR-IA; 98-DF-004, by January 31, 2002, at no cost to the county. Motion was seconded by Hickey and carried unanimously.
At 9:15 a.m. Sheriff Steve MacDonald met with the Board. Sheriff MacDonald asked if a resolution could be prepared and approved to increase the impound fees. He also asked if there was any funding that the Board knew of to purchase a radio for public safety. At one time some money was available through SWIPCO. The Board said they could check and see if something was still available.
Motion was made by Aistrope to approve the renewal of the liquor license for Skyline Sportsman Club LLC. Motion was seconded by Hickey, carrying unanimously.
At 9:30 a.m. State Senator Hubert Houser, Representative Gerald Jones and Representative Effie Lee Boggess met with the Board and the public in the Courtroom. Lengthy discussion was held in regards to the Clerk of Court restructuring. They said there was a public outcry in opposition to the plan. Houser said the plan began when a 4.3% cut was ordered by the Governor to the Executive Offices. They extended this to the court system and courts were left to create their plan. Jones said they are short on the state budget by 300 million dollars. Vicki Danley stated it was an ill conceived plan so it is necessary we come up with a plan and a resolution to take the Clerk’s offices and the fines, to support the office, back to the county. She asked for a reaction from the legislators and the Board. Hubert Houser said he remembered when the State wanted the court services. Houser said it was for property tax relief. Houser said if the fines could support the office he would have no opposition. Clara Jean Gude, the previous Clerk of Court in Fremont County, said the Fremont County office was more than self-supporting. If the state would turn the fines back to the county, it would be self-sufficient. She felt that local control is much better than state control and the state tried to do this a few years ago. Houser asked Gude if she thought the judges would oppose local control of the office and Gude said the judges got as good a service when it was county as when it was state. Gude said the fines even helped the school districts when it was county. Gene Eaton, Chairman of the Fremont County Bar Association, said the plan was not a cost saving plan with a center in Clarinda. In fact it would be more costly to the property tax payers because of the transportation costs and the costs imposed with all services in one place with staffing, room for records, housing, etc. At the present, the county supplies the utilities, housing of the staff and records, etc. He said the plan was bad and the plan to give the court system more flexibility to change staffing is only coming in the back door. He said cuts always come at the bottom and not at the top and he feels we need to maintain local clerks in each county. Houser suggested a study be done as the Treasurers did for the drivers license service. Jones said he would like to keep everything local and it constitutes survival of the rural areas. Jones said he served on the Board of Supervisors in Mills County and the Board has a big job with all they do, and he wanted to know how the Board felt. Whipple said he wants to see the mechanics of the office and wants the office to be self-supporting and not putting more costs on property tax. It is his concern that the fine money needs to come back to the county to support the office. Aistrope wants to see what it is going to cost and weigh all factors so the office would be self-sufficient. Hickey asked the legislators if the law can be changed for the office to revert back to the counties and will they do it. Hickey said he was here when the Clerk of Court was a county office and he thinks a study needs to be made of the costs involved. Houser said he didn’t know what the legislators would do. He knew rural legislators were concerned and he also was a Board of Supervisors member when the Clerk of Court was an elected office. He also said when the state assumed the clerk’s offices they also assumed the public defenders. He said ISAC, the County Attorney’s Association, the Bar Association and other rural associations need to come together behind this if it is feasible. Danley said we have a momentum and we need to move and get this snowballing and she strongly believes there is enough money to support the clerk’s offices and the time to do it is now. Boggess said you need this study done and need the facts to back up the plan and cooperation across the state. Whipple asked if the legislators were going to give the judicial courts authority and flexibility to change staffing and Houser said with the outcry across the state they don’t know what will happen. Boggess said she wants to know what flexibility they are talking about. Attorney Rickabaugh expressed concern with the redistricting of court services. Jess McIntyre expressed that you are seeing the start of things to come. We are losing people in the rural areas and numbers count but he said we can’t all move to the cities and it is our legislators who can help us. Whipple adjourned the meeting at 10:45 a.m.
There being no further business, motion for adjournment was made.
ATTEST:
Fremont County Auditor John E. Whipple. Chairman
December 18, 2001:
The Fremont County Board of Supervisors met in regular session on Tuesday, December 18, 2001, in the Fremont County Courthouse, Boardroom, with Whipple, Aistrope and Hickey present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Hickey moved to approve the agenda as posted; vote carried unanimously. Supervisor Hickey moved to approve the minutes of the previous Board session; vote carried unanimously.
At 9:00 a.m. the following resolution was approved.
RESOLUTION: BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 18th day of December, 2001, that the following transfer of funds be approved and made: $436,218.00 from the Rural Services Basic Fund, share of Rural Services taxes, to the Secondary Road Fund and $20,000.00, property tax relief of local option taxes, from the Rural Services Basic Fund to the Secondary Road Fund.
BE IT RESOLVED that the following transfer of funds be approved in the amount of $11,897.00 collected as a surcharge on green fees for the year 2000/2001 be made from the General Basic Fund to the County Conservation Land Acq. Trust Fund.
Motion to approve transfer made by Aistrope; seconded by Hickey; carried unanimously.
ATTEST:
/s/ Lucille Hunt
/s/ John E. Whipple
Fremont County Auditor
/s/
David Aistrope
/s/ Keith Hickey
At 9:15 a.m. Dan Davis, County Engineer, met with the Board. Motion was made by Hickey to authorize Chairman Whipple to sign a payment voucher to HGM Associates, Inc. for Project BROS-CO36(31)—5F-36, to sign an agreement for federal funds on Project BROS-CO36(31)—5F-36/Fremont County FHWA#161270 Agreement No. 401-HBRRS-027 and to sign a Right of Entry for Construction with the Corps of Engineers. Motion was seconded by Aistrope and carried unanimously. Dan Davis and Mike Batenhorst discussed the fuel purchased by the Fremont County Sheriff’s Department from the Secondary Road Department.
At 10:00 a.m. Chairman John E. Whipple announced the time and place for a public hearing on a Development Agreement between the County, I-29/Hwy 2 SID, L.L.C., SDB, L.L.C. and Moyer Development, L.L.C.
Bill Sapp was present. Auditor Hunt stated no written objections had been filed and Whipple asked for any oral objections or comments. There being none, Whipple stated that the Board could take final action to approve the agreement. Supervisor Aistrope introduced the resolution next hereinafter set out and moved its adoption, seconded by Supervisor Hickey and after due consideration thereof by the Board, Chairman Whipple put the question upon the adoption of said resolution and the roll being called, the following named Supervisors voted:
Whipple – aye; Aistrope – aye; Hickey – aye. Whereupon Chairman Whipple declared said resolution duly adopted as follows:
RESOLUTION: Approving Amended Development Agreement with I-29/Hwy 2 SID, L.L.C.; S.D.B., L.L.C.; and Moyer Development, L.L.C.; authorizing Tax Increment Payments and pledging certain tax increment revenues to the payment of the Agreement
WHEREAS, Fremont County, Iowa (the "County"), pursuant to and in strict compliance with all laws applicable to the County, and in particular the provisions of Chapter 403 of the Code of Iowa, has adopted an Urban Renewal Plan for the I-29 Agri-Business Park Urban Renewal Area (the "Urban Renewal Area"); and
WHEREAS, this Board has adopted an ordinance providing for the division of taxes levied on taxable property in the Urban Renewal Area pursuant to Section 403.19 of the Code of Iowa and establishing the fund referred to in Subsection 2 of Section 403.19 of the Code of Iowa (the "Urban Renewal Tax Revenue Fund"), which fund and the portion of taxes referred to in that subsection may be irrevocably pledged by the County for the payment of the principal and interest or indebtedness incurred under the authority of Section 403.9 of the Code of Iowa to finance or refinance in whole or in part projects in the Urban Renewal Area; and
WHEREAS, an agreement between the County, I-29/Hwy 2 SID, L.L.C.; S.D.B., L.L.C.; and Moyer Development, L.L.C. (collectively , the "Developers") has been prepared (the "Agreement"), pursuant to which the Developers have agreed to construct certain improvements in the Urban Renewal Area (the "Development Project") and the County has agreed to provide tax increment payments for a period of fifteen years; and
WHEREAS, this Board of Supervisors, pursuant to Section 403.9 of the Code of Iowa, has held a public hearing on the Agreement, and has otherwise complied with statutory requirements for the approval of the Agreement; and
WHEREAS, Chapter 15A of the Code of Iowa ("Chapter 15A") declares that economic development is a public purpose for which a County may provide grants, loans, tax incentives, guarantees and other financial assistance to or for the benefit of private persons; and
WHEREAS, Chapter 15A requires that before public funds are used for grants, loans, tax incentives or other financial assistance, a Board of Supervisors must determine that a public purpose will reasonably be accomplished by the spending or use of those funds; and
WHEREAS, Chapter 15A requires that in determining whether funds should be spent, a Board of Supervisors must consider any or all of a series of factors; and
WHEREAS, on November 29, 2001, this Board of Supervisors approved the Agreement; and
WHEREAS, the parties have agreed to certain amendments to the Agreement, and an amended Agreement (the "Amended Agreement") has been prepared;
NOW THEREFORE, It is Resolved by the Board of Supervisors of Fremont County, Iowa, as follows:
Section 1. The original Agreement, adopted November 29, 2001, is hereby rescinded, and the Amended Agreement is hereby approved. The Chairperson and County Auditor are hereby authorized and directed to execute and deliver the Amended Agreement on behalf of the County, in substantially the form and content in which the Amended Agreement has been presented to this Board of Supervisors, and such officers are also authorized to make such changes, modifications, additions or deletions as they, with the advice of bond counsel, may believe to be necessary, and to take such actions as may be necessary to carry out the provisions of the Amended Agreement.
Section 2. As provided and required by Chapter 403 of the Code of Iowa, the County’s obligations under the Amended Agreement shall be payable solely from a subfund which is hereby established, into which shall be paid that portion of the income and proceeds of the Urban Renewal Tax Revenue Fund attributable to property taxes derived from the property described as follows:
The I-29/Hwy 2 S.I.D.L.L.C. Project is on property legally described as:
Parcel # Legal Description S T R Acres
030030007010000 Parcel
A SE
SE
20 68 43
5.25
030030022030000 LOT 3
Sapp Bros Travel
Center
21 68 43
2.03
030030006000000 NE
SE
20 68 43 37.50
030030007000000 SE SE
Exc Pt Hwy & Exc Parcels A & B 20 68
43 28.21
030030022000000 Parcel
A SW Exc Lots 1-6 of Sapp Bros 21 68
43 56.18
Travel Center
030030022010000 Lot 1
Sapp Bros Travel
Center
21 68
43
6.99
030030022020000 Lot 2
Sapp Bros Travel
Center
21 68
43
2.03
030030022040000 Lot 4
Sapp Bros Travel
Center
21 68
43
1.00
030030022050000 Lot 5
Sapp Bros Travel
Center
21 68
43
1.62
030030022060000 Lot 6
Sapp Bros Travel
Center
21 68
43
1.94
(the "I-29/Hwy 2 Subfund").
Section 3. The County hereby pledges to the payment of the Amended Agreement the I-29/Hwy 2 TIF Subfund and the taxes referred to in Subsection 2 of Section 403.19 of the Code of Iowa to be paid into such Subfund.
Section 4. After its adoption, a copy of this resolution shall be filed in the office of the County Auditor of Fremont County to evidence the continuing pledging of the I-29/Hwy 2 TIF Subfund and the portion of taxes to be paid into such Subfund and, pursuant to the direction of Section 403.19 of the Code of Iowa, the Auditor shall allocate the taxes in accordance therewith and in accordance with the tax allocation ordinance referred to in the preamble hereof.
Section 5. All resolutions or parts thereof in conflict herewith are hereby repealed.
Passed and approved this 18th day of December, 2001.
ATTEST:
/s/ Lucille
Hunt
/s/ John E. Whipple, Chairman
Fremont County Auditor
At 10:30 a.m. Kirk Shearer and Jack Gibson met with the Board to update the Supervisors about the irrigation system to be installed at the golf course as approved by the Conservation Board. Shearer said the contractor will begin as soon as he can.
Longevity pay for secondary road was approved.
There being no further business, motion for adjournment was made.
ATTEST:
Fremont County Auditor John E. Whipple, Chairman
December 20, 2001:
The Fremont County Board of Supervisors met in regular session on Thursday, December 20, 2001, in the Fremont County Courthouse, Boardroom, with Whipple, Aistrope and Hickey present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Hickey moved to approve the agenda as posted; vote carried unanimously. Supervisor Hickey moved to approve the minutes of the previous Board session; vote carried unanimously.
The following resolution was approved:
A RESOLUTION PROVIDING FOR A PUBLIC HEARING AND PUBLICATION OF NOTICE OF SAID HEARING TO CONSIDER FREMONT COUNTY ASSIGNING A CERTIFICATE OF PURCHASE AT TAX SALE
WHEREAS, the Fremont County Board of Supervisors, pursuant to Iowa Code Section 446.31, has the right to assign the certificate of purchase at tax sale for the total amount due as of the date of assignment or compromise the total amount due and assign the certificate of purchase at tax sale; and
WHEREAS, the Fremont County Board of Supervisors wants to assign the certificate of purchase at tax sale for the following described real estate:
Parcel Number 470470274000000 – East half (E1/2) of Lot Two (2) in Out Lot Nineteen (19), in the
Original town of Sidney, Fremont County, Iowa, according to the recorded plat thereof
And
WHEREAS, Nathanael I. George, 2074 355th Avenue, Farragut, Iowa 51639, submitted the bid of One Hundred dollars ($100) in exchange for the assignment of the certificate of purchase at tax sale; and
WHEREAS, the Fremont County Board of Supervisors has set forth a proposed resolution, pursuant to Iowa Code Section 331.361, to accept the bid and assign the certificate of purchase at tax sale for the above-described real estate to Nathanael I. George; and
WHEREAS, Iowa Code Section 331.361 requires the Board of Supervisors to hold a public hearing prior to approving the proposed resolution; and
WHEREAS, Iowa Code Section 331.361 directs the Board of Supervisors to publish notice of the public hearing at least once, not less than four (4) nor more than twenty (20) days prior to the public hearing pursuant to Iowa Code Section 331.305.
THEREFORE, BE IT RESOLVED:
A public hearing will be held at 10:00 a.m. on the 3rd day of January, 2002, in the Boardroom at the Fremont County Courthouse, Sidney, Iowa, to discuss the assignment of the certificate of purchase at tax sale for the above-described real estate to Nathanael I. George. The Fremont County Auditor shall publish a notice of public hearing in the Sidney Argus Herald at least four (4) days but not more than twenty (20) days prior to the public hearing.
Passed this 20th day of December, 2001.
Moved by Hickey, seconded by Aistrope.
ATTEST:
/s/ Lucille Hunt
/s/ John E. Whipple
aye
Fremont County Auditor
/s/
David Aistrope aye
/s/ Keith Hickey aye
Whipple attended a union negotiating meeting and reports were given to the full Board of Supervisors throughout the morning.
There being no further business, motion for adjournment was made.
ATTEST:
Fremont County Auditor John E. Whipple, Chairman
December 26, 2001:
The Fremont County Board of Supervisors met in special session on Wednesday, December 26, 2001, in the Fremont County Courthouse, Boardroom, to canvass the Fremont Mills Special School Election held on December 18, 2001. Whipple, Aistrope and Hickey were present. A quorum was declared and the meeting officially called to order at 10:00 a.m.
Motion was made by Aistrope to certify the following to be a true and correct abstract of the votes cast in this County at the Fremont Mills Special School Election held on the 18th day of December, 2001, as shown by the tally lists returned from several election precincts.
Upon the Public Measure (A) The Fremont Mills Community School be authorized to issue General Obligation Bonds in an amount not to exceed $1,985.000.
There were Four Hundred Thirty Six (436) votes cast.
Votes cast, as follows: For the question, there were Three Hundred Nineteen (319) votes cast and Against the question, there were One Hundred Seventeen (117) votes cast. We therefore declare the Public Measure (A) TO BE ADOPTED.
Upon the Public Measure (B) The Fremont Mills Community School District be authorized for a period of ten years to levy and impose a voter-approved physical plant and equipment tax of not exceeding $1.34 per $1,000 of assessed valuation and impose a physical plant and equipment income surtax upon the state individual income tax.
There were Four Hundred Thirty Three (433) votes cast.
Votes cast, as follows: For the question, there were Two Hundred Ninety Nine (299) votes cast. Against the question, there were One Hundred Thirty Four (134) votes cast. We therefore declare the Public Measure (B) TO BE ADOPTED.
There being no further business, motion for adjournment was made.
ATTEST:
Fremont County Auditor John E. Whipple, Chairman
December 27, 2001:
The Fremont County Board of Supervisors met in regular session on Thursday, December 27, 2001, in the Fremont County Courthouse, Boardroom, with Whipple and Hickey present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Hickey moved to approve the agenda as posted; vote carried unanimously. Supervisor Hickey moved to approve the minutes of the previous Board session; vote carried unanimously.
A letter was sent to Sheriff MacDonald in response to the letter received from him in regards to fuel purchased by the county.
A letter was sent to all departments with budgeting information for health, dental and life insurance and the federal rate for mileage.
Payroll for December 28, 2001 was approved.
There being no further business, motion for adjournment was made.
ATTEST:
Fremont County Auditor John E. Whipple, Chairman