Board of Supervisors Minutes
April 201
4

April 1, 2014:

The Fremont County Board of Supervisors met in regular session on Tuesday, April 1, 2014, in the Fremont County Courthouse Boardroom, with Bartholomew, Hickey and Morgan present.  A quorum was declared and the meeting officially called to order at 9:00 a.m.  Minutes of the previous Board session were read and approved.  The agenda was approved as posted.

Let the records show Sandra Parmenter with The Hamburg Reporter was present for this meeting.  Dean and Carol Doty; James Burger and Nick Johnson were also present at times during the meeting.  
 

At 9:00 a.m. Motion was made by Hickey to approve the following claims for the new LEC:  The Sidney Argus-Herald, publication cost for Notice of Bond Sale for LEC $69.65; Hamburg Reporter, publication cost for Notice of Bond Sale for LEC $64.68.  Motion carried unanimously.  

At 9:05 a.m. City of Imogene Proposal for Purchase of Tax Sale Certificates.  This will be rescheduled after a public hearing concerning sale of the certificates. 

At 9:10 a.m. Hickey made a recommendation to appoint Teresa Hardy as new Board of Health member to replace Jane Buck.  Motion carried unanimously.  

At 9:20 a.m. Hickey made a motion to put $50,000 in EMC budget amendment for the year of 13/14.  Motion carried unanimously. 

At 9:30 a.m. Dean Doty and Carol Doty met with the board to discuss conditions in the Bartlett area.  Doty said they moved back into Bartlett following the 2011 Flood, and right now it looks like a tornado came through.  Doty's were wondering if the county could help clean things up.  Hickey made a motion to start action through the county’s Nuisance Ordinance.  Motion carried unanimously.  

At 9:50 a.m. Kevin Aistrope, Sheriff, met with the board requesting to proceed with a budget amendment for the Sheriff’s Office of $55,100 for year 13/14.  Motion was made by Hickey to allow the sheriff to amend his budget.  Motion carried unanimously.   

At 10:20 a.m. Morgan made a motion to sign Resolution Appointing Paying Agent, Bond Registrar, and Transfer Agent & Authorizing the Execution of the Agreement for bonds for LEC; Approve Tax Exemption Certificate for Bonds; Approve Continuing Disclosure Certificate, and Resolution Amending Resolution Authorizing Issuance.  Motion carried unanimously.         

At 10:40 a.m. Matt Dollison, IA DNR, met with the board requesting approval of a 28E Agreement for 111 county owned acres known as Forney Lake area to allow hunting.  DNR will make improvements to the property, and take full responsibility as to any liability that may occur.  Dollison will draw up a 28E Agreement and present it to the county attorney for his approval.  Dollison also discussed Forney Lake Signs on I-29. 

In other business, payroll and claims for April 4, 2014, were approved. 

At 11:20 a.m. there being no further business, Morgan made a motion to adjourn.  Motion carried unanimously. 

ATTEST:

Fremont County Auditor                                                                            Bart Bartholomew, Chairman

April 8, 2014:

At 8:30 a.m. on Tuesday, April 8, 2014, a Department Head meeting was held in the Fremont County Courthouse Boardroom.  Present were Bart Bartholomew, Cara Morgan, Arnold Emberton, Danny Toma, Robin Shirley, Jenny McAllister, Nick Johnson, Dan Davis and Karen Berry.  Topics discussed were: changing computers from XP, new software programs, maintenance to generator, Grand Jury report, electronic death registrations, assessment notices, proposed legislative bills, ground breaking for LEC, fiber optic cable.  

The Fremont County Board of Supervisors met in regular session on Tuesday, April 8, 2014, in the Fremont County Courthouse Boardroom, with Bartholomew 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. 

Let the records show Sandra Parmenter, The Hamburg Reporter, Twila Larson, FREDCO and Nick Johnson were present for this meeting.

Let the records show Hickey was not present.   

At 9:00 a.m. Dan Davis, Engineer, met with the board.  Motion was made by Morgan to sign IDOT payment voucher with HGM Associates for Project #BROS-CO36(68) - - 5F-36.  Motion carried on a vote:  Ayes: 2 Nays: 0

Motion was made by Morgan to sign Hungry Canyons Agreement for reimbursement on 215th St. Box.   Motion carried on a vote:  Ayes: 2 Nays: 0 

At 9:15 a.m. Motion was made by Morgan to appoint Bob Benton as Loess Hills Alliance director.  Ayes: 2 Nays: 0 

At 9:25 a.m. Twila Larson, FREDCO, and Doug Freidli, Hometown Pride, met with the board.  Motion was made by Morgan to approve the following Hometown Pride Resolution. Motion carried on a vote:  Ayes: 2 Nays: 0

RESOLUTION NO. 2014-17

A Resolution encouraging the residents of Fremont County to participate in the Iowa Architectural Foundation’s Community Design Program. WHEREAS, the Board of Supervisors of Fremont County believe in community betterment; and WHEREAS, the Iowa Architectural Foundation’s Community Design Program was started in 2001 to assist rural communities with urban planning and design issues by recruiting volunteer teams of design professionals, including Iowa State University students, to assist community leaders with design challenges using a transparent and inclusive charrette process; and WHEREAS, the Iowa Architectural Foundation, in partnership with Keep Iowa Beautiful and the Iowa West Foundation, has a unique opportunity for rural communities in the Iowa West Foundation service area to participate in the Community Design Program; and

WHEREAS, Fremont County could benefit from said Community Design Program;

NOW THEREFORE, BE IT RESOLVED THAT the Board of Supervisors of Fremont County hereby declare the community’s desire to participate in the Iowa Architectural Foundation’s Community Design Program.

Passed and adopted this 8th day of April, 2014, at a regularly scheduled meeting of the Board of Supervisors.
 

ATTEST:

       

       

/s/ Joan Kirk 

   

/s/ Bart Bartholomew, Chairman

 aye

Fremont County Auditor

   

/s/ Randy Hickey

 absent

                                                                

   

/s/ Cara Morgan

 aye

Also discussed was the availability of land near Kevington Lane.  Larson said they will be losing forty nine jobs when Kevington Lane closes, and she is wondering if the county would be interested in selling 20 or 30 acres around Kevington Lane.  If the county is interested in selling she may have someone interested in buying.  Bartholomew said he would be interested in selling it if it would create jobs.  Morgan agreed that selling a few acres of the county farm could be possible, but was not sure how that could work as it was in a three year lease program.  No decisions were made at this time.          

At 9:48 a.m. Motion was made by Morgan to approve the following Resolution.  Motion carried on a vote:  Ayes: 2 Nays: 0

RESOLUTION  NO. 2014-18

RESOLUTION ABATING TAXES ON LAND OWNED BY CITY OF FARRAGUT

WHEREAS, the City of Farragut now owns certain property in Farragut, Fremont County, Iowa, Parcel No. 420420213000000, 101 Lincoln, described as: W1/2 Lot 26 COYS FIRST ADDITION, IN THE ORIGINAL TOWN OF FARRAGUT, FREMONT COUNTY, IOWA according to the recorded plat thereof. WHEREAS, the property is now owned by the City of Farragut and therefore should not be on the tax rolls according to Section 427.1(2), Code of Iowa, IT IS HEREBY RESOLVED that the above described property shall be listed as exempt on the tax list of the Fremont County Auditor.  Further, all current and delinquent real property taxes are abated under Iowa Code Section 445.63.  This includes taxes payable as long as the City of Farragut owns the property.

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

Motion made by Morgan to approve resolution.

Dated this 8th day of March, 2014.
 

ATTEST:

       

       

/s/ Joan Kirk 

   

/s/ Bart Bartholomew, Chairman

 aye

Fremont County Auditor

   

/s/ Randy Hickey

 absent

                                                                

   

/s/ Cara Morgan

 aye

At 9:50 a.m. Nick Johnson in absence of James Burger, County Attorney, met with the board to discuss a 28E Agreement between Fremont County and the City of Sidney.  The county attorney was questioning how much responsibility and maintenance the board wanted to take pertaining to the city’s streetscape project.  After some discussion, Johnson said he would relay the information to the County Attorney in order to get started with changes to the agreement.  Danny Toma, Custodian, was also present.   

At 10:00 a.m. Motion was made by Morgan to approve Class B Wine, Class C Liquor, and Outdoor Service & Sunday Sales permit for Wild’s Property Management.  Motion carried on a vote:  Ayes: 2 Nays: 0 

At 10:05 a.m. Karen Berry, Assessor, met with the board to discuss 185th Avenue. The Assessor discussed inconsistency in mapping, with no markers.  No decisions were made at this time.   

At 10:15 a.m. Becca Castle is requesting the county’s help with lighting at the corner of J18 and 395th Avenue, just south of Imogene.  Castle said she has spoken with MidAmerican Energy and the cost for the lighting would be approximately $650.00 per light, and monthly billing.  The board felt with all the road projects coming up in the near future, the county just could not afford it.       

In other business, monthly reports for the Recorder’s Office and Sheriff’s Office were approved. 

Claims for April 8, 2014 were approved.    

At 12:25 there being no further business, Morgan made a motion to adjourn.  Motion carried unanimously.

ATTEST:

Fremont County Auditor                                                                            Bart Bartholomew, Chairman

April 15, 2014:

The Fremont County Board of Supervisors met in regular session on Tuesday, April 15, 2014, in the Fremont County Courthouse Boardroom, with Bartholomew, Hickey and Morgan present.  A quorum was declared and the meeting officially called to order at 9:00 a.m.  Minutes of the previous Board session were
read and approved.  The agenda was approved as posted. 

At 9:05 a.m. Dan Davis, Engineer met with the board requesting approval of the following: 

Motion was made by Morgan to sign permit to apply dust control on Fremont County Roads.  Motion carried on a vote:  Ayes: 3 Nays: 0 

Motion was made by Hickey to sign IDOT payment voucher for HGM on Proj#ER-CO36(63)--58-36 on J-64.  Motion carried on a vote:  Ayes: 3 Nays: 0 

Motion was made by Hickey to sign IDOT payment voucher for HGM on Proj#STP-S-CO36(65)--5E-36 on J-18.  Motion carried on a vote:  Ayes: 3 Nays: 0 

At 9:15 a.m. Motion was made by Hickey to approve 2013/2014 budget amendment for publication.  Motion carried on a vote:  Ayes: 3 Nays: 0 

At 9:20 a.m. Michael Black met with the board requesting to put a moveable structure on his small acreage near Thurman.  Black uses the property for family recreational purposes during the summer months.  Black has no intention of making the structure a permanent structure.  Dan Davis, Engineer, was also present.  Davis said the roads to the property are level B roads and not suitable for semi’s and traffic because they are very steep.   James Burger, County Attorney, joined the meeting.  Burger will do some research and get back to the board with his recommendation. 

At 10:00 am. Jeff Shirley, County Roads Purchasing Agent, met with the board for bid opening on a new motor grader and loader.  Also present were Scott Lawson, Ziegler Cat and Chris Larson, Murphy Tractor & Equipment Co.  Bid from Murphy for a 2014 John Deere grader was $256,972, with trade-in of $85,000. Ziegler Cat bid for a 2014 Cat grader was $294,394, with trade-in of $90,000.  Davis’ made a recommendation to purchase the John Deere.  Morgan made a motion to move ahead the purchasing the John Deer.  Motion carried on a vote:  Ayes: 3 Nays: 0. 

Concerning bids on a new wheel loader:  Murphy Tractors’ bid for a 2014 John Deere loader was $231,990, with trade-in of $22,500 for a total of $209,490.  Ziegler Cats’ bid for a 2014 Caterpillar was $255,302 trade in $36,500 for a total of $218,802.  Shirley said he feels both loaders can do what they need them to do.  Davis made a said he did not have a problem with either machine so would recommend the lower price.  Motion was made by Hickey to purchase the John Deere loader.    

At 10:25 a.m. James Burger, County Attorney and Nick Johnson, Assistant, met with the Board in regards to pending litigation.  At 10:28 a.m. Hickey made a motion to go into closed session according to Iowa Code 2l.5(c) to discuss matters where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation.  Vote – Bartholomew, aye; Hickey, aye; Morgan, aye.  Present were James Burger, Nick Johnson, Bart Bartholomew, Randy Hickey, Cara Morgan, Kevin Aistrope and Joan Kirk, Auditor.  At 10:29 a.m. the Board went into closed session.  At 10:58 a.m. motion was made by Morgan to go out of closed session.  Vote:  Bartholomew, aye; Hickey, aye; Morgan, aye.  No action was taken. 

In other business payroll and claims for April 18th, 2014 were approved.   

At 11:15 a.m. there being no further business, Hickey made a motion to adjourn.  Motion carried unanimously. 

ATTEST: 

Fremont County Auditor                                                                                Bart Bartholomew, Chairman

April 22, 2014:

The Fremont County Board of Supervisors met in regular session on Tuesday, April 22, 2014, in the Fremont County Courthouse Boardroom, with Bartholomew, Hickey and Morgan present.  A quorum was declared and the meeting officially called to order at 9:00 a.m.  Minutes of the previous Board session were read and approved.  The agenda was approved as posted. 

At 9:00 a.m. Hickey made a motion to allow Michael Black to put a structure on his property near Thurman as long as it is not used for permanent housing, it needs to meet the criteria of the Aggregate Surfacing Policy of the county.  Motion carried unanimously.  

At 9:15 a.m. Dan Davis, Engineer, met with the board requesting approval of the following: 

Motion was made by Motion to sign agreement with HGM Associates for 2014 On-Call Plant Monitoring Services, HGM Proposal #00714-131.  Motion carried unanimously. 

Motion was made by Hickey to approve underground construction of 22,600 feet of gas main for MidAmerican Energy on 370th Ave (M16) south of Farragut; 240th Street, and 380th Avenue.  Motion carried unanimously. 

At 9:30 a.m. Nick Johnson, County Attorney’s Office, discussed the Affordable Care Act and how important it is to comply with the Federal Government Laws requiring a centralized tracking system of employees hours worked.  Also present were Karen Berry, Jennifer McAllister, Kevin Aistrope, Danny Toma and Christy Briley.  The Federal Government requires a look back period of six months for every hour worked, for every employee that works for the county.  Johnson said if we do not want to do this it will open the county to huge fines.  Motion was made by Morgan to look into a system that would track hours worked for every county employee.  Motion carried unanimously.    Motion was made by Hickey to start forwarding reports to the Payroll Clerk by the end of this week.  This motion also carried unanimously.          

At 9:45 a.m. Kevin Aistrope, Sheriff, met with the board requesting to purchase a software upgrade with Shield Technology for $99,995.00, with an annual maintenance fee of $15,000.  Nick Johnson was also present.  Motion by Hickey to put the $99,995.00 on the soft costs of the county jail.  Motion carried unanimously.   

At 10:35 a.m. Public Hearing on Assignment of Tax Sale Certificate.  Motion was made by Morgan approve the tax sale, and following Resolutions.  Motion carried on a vote:  Ayes: 3 Nays: 0. 

RESOLUTION 2014-20

RESOLUTION APPROVING PROPOSAL OF CITY OF IMOGENE, IMOGENE, IOWA

WHEREAS, the City of Imogene is desirous of obtaining certificate of tax sale purchase for parcel numbers 440440121000000 – Land LYG BTWN RR St & Wabash Trace & N of Parcel A, and Parcel Number 440440122000000 – Land LYG W of WABASH Trace & N of Parcel A & PT LT 2 of OL 2,etc., and Parcel Number 44044012400000 – Land LYG N of RD, W of WABASH TRACE, S of Parcel A & E of Lt 8, and Parcel Number 440440125000000 – PT LT 8 LYG N of RD, and Parcel 440440128000000 – LAND LYG BTWN RR ST & WABASH TRACE & S OF PARCEL B, and Parcel 440440129000000 – LAND LYG S OF PARCEL B & W OF WABASH TRACE, and Parcel 440440030000000 – LOTS 11 – 12 & N½ LOT 10, and Parcel 440440030010000 – LOTS 7 – 9 & S½ LOT 10, and Parcel 440440031000000- LOTS 13-15 INC, and Parcel 440440092000000 – LTS 1-12 INC, all in the original town of Imogene, Fremont County, Iowa, according to the recorded plat thereof, in exchange for the City of Imogene’s promise to pay all legal expenses for the abatement of the nuisances now located on said property plat thereof and to bring the property up to the appropriate level of maintenance.  This agreement includes taxes payable through April 2014, to the City of Imogene, Iowa.  

WHEREAS, Fremont County is desirous of avoiding the expense of tax redemption procedure and abatement of nuisance of said properties, and

WHEREAS, a public hearing on this proposal was held on the 22nd day of April 2014, and objections to the proposal had no merit, and

WHEREAS, the transfer of said certificate of tax purchase to the City of Imogene is in the better interest of the County and is in the better interest of the City of Imogene to enable them to abate the nuisance and to eliminate any form of liability to Fremont County, now 

THEREFORE, it is hereby resolved that the Chairman of the Board of Supervisors is authorized and directed to execute an agreement for assignment and the assignment of certificate of tax purchases of this real estate to the City of Imogene, as submitted by the City of Imogene. 

IT IS SO RESOLVED, this 22nd day of April, 2014.
 

ATTEST:

       

       

/s/ Joan Kirk 

   

/s/ Bart Bartholomew, Chairman

 aye

Fremont County Auditor

   

/s/ Randy Hickey

 aye

                                                                

   

/s/ Cara Morgan

 aye

RESOLUTION 2014-21

ASSIGNMENT OF CERTIFICATE TAX SALE PURCHASE

Parcel Number 440440121000000 – Land LYG BTWN RR St & Wabash Trace & N of Parcel A, and Parcel Number 440440122000000 – Land LYG W of WABASH Trace & N of Parcel A & PT LT 2 of OL 2, etc., and Parcel Number 44044012400000 – Land LYG N of RD, W of WABASH TRACE, S of Parcel A & E of Lt 8, and Parcel Number 440440125000000 – PT LT 8 LYG N of RD, and Parcel 440440128000000 – LAND LYG BTWN RR ST & WABASH TRACE & S OF PARCEL B, and Parcel 440440129000000 – LAND LYG S OF PARCEL B & W OF WABASH TRACE, and Parcel 440440030000000 – LOTS 11 – 12 & N½ LOT 10, and Parcel 440440030010000 – LOTS 7 – 9 & S½ LOT 10, and Parcel 440440031000000- LOTS 13-15 INC, and Parcel 440440092000000 – LTS 1-12 INC, all in the original town of Imogene, Fremont County, Iowa, according to the recorded plat thereof, to the City of Imogene, Iowa.  

Fremont County does hereby transfer the certificate of tax sale purchase regarding the above described real estate to the City of Imogene.  The county shall endorse the tax sale certificate as necessary to complete this assignment. 

Dated this 22nd day of April, 2014.

ATTEST:

/s/ Joan Kirk                                                                             /s/ Bart Bartholomew, Chairman   aye. 
Fremont County Auditor         

STATE OF IOWA, FREMONT COUNTY SS:

On this 22nd day of April, 2014, before me, the undersigned, a Notary public in and for the State of Iowa, personally appeared Bart Bartholomew, to me personally known, who being by me duly sworn, did say that he is a member of the Fremont County Board of Supervisors and that said instrument was signed on behalf of the Fremont County Board of Supervisors and hereby acknowledge the execution of the foregoing instrument to be the voluntary act and deed of the Fremont County Board of Supervisors, by it and by him voluntarily executed.

                                                                                                                            /s/ Diane Owen                                      
                                                                                                                            Notary Public in and for the State of Iowa 

At 11:00 a.m. there being no further business, Hickey made a motion to adjourn.  Motion carried unanimously. 

ATTEST:

Fremont County Auditor                                                                                Bart Bartholomew, Chairman

April 29, 2014:

The Fremont County Board of Supervisors met in regular session on Tuesday, April 29, 2014, in the Fremont County Courthouse Boardroom, with Bartholomew, Hickey and Morgan present.  A quorum was declared and the meeting officially called to order at 9:00 a.m.  Minutes of the previous Board session were read and approved.  The agenda was approved as posted. 

Let the records show Nick Johnson, Attorney’s Office, Sandy Parmenter, Hamburg Reporter, and Twila Larson, FREDCO, were present for this meeting.     

At 9:00 a.m. Dee Owen, Auditor’s Office, discussed with the board the possibility of using the courthouse as the Sidney/Benton Township polling place.  This would be a change from Sidney Public Library, 1002 Illinois St., Sidney.  Motion was made by Morgan to allow the courthouse to be used as a polling place for Sidney/Benton Township.  Motion carried unanimously.      

At 9:10 a.m. Danelle Bruce, CPC, met with the board to discuss Medicaid Cost Containment Program Options.  Also present were Jennifer Thompson, Nancy Henneman, Renee Fish, Paige Moreland and Linda Damrau.  Bruce said the Medicaid Cost Containment Program Option will not change from 23% of cost starting July 1st of this year.  Motion was made by Hickey to table any decision until they do some investigating.  Motion carried unanimously. 

At 9:35 a.m. Terry Graham, Veterans Affairs, and Danny Toma, Custodian,  met with the board requesting permission to hold a Flag Retirement Ceremony on June 14th, 2014.  They would invite other organizations to be a part of the ceremony.  Motion was made by Hickey to approve the ceremony in the courtyard.  Motion carried unanimously.     

At 9:40 a.m. Carol Mangus met with the board requesting dust abatement on 150th St. due to heavy traffic from mostly livestock trucks coming and going from the Hog Confinement Operation in her area.  She does not feel the owner of property near a confinement should be responsible for the dust created by the confinement.  The board suggested she talk to DNR regarding the situation.    

At 9:50 a.m. Joan Kirk, Auditor, informed the board of a phone call she received from Renee Von Bokern, Von Bokern & Associates, asking if the county was still interested in using her services for collective bargaining.  The board will do some investigating, and have a decision for Von Bokern by next week.      

At 10:00 a.m. Hickey made a motion to approve the proposed budget amendment for 2013/2014.  Motion carried unanimously.     

RESOLUTION NO. 2014-22

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 29 day of April, 2014 that the following change in appropriation be made:
 

Expenditures    
Increase   31000-10220-610-99-275 + 2,000,000
Increase   01000-01110-428-28 + 10,000
Increase   20000-07000-414-20-122 + 1,000
Increase   20000-07000-480-20-134 + 3,000
Increase   20000-07010-423-20-254 + 4,000
Increase   20000-07100-620-20-421 + 20,000
Increase   20000-07100-100-20-431 + 20,000
Increase   20000-07100-100-20-439 + 20,000
Increase   20000-07110-100-20-451 + 25,000
Increase   20000-07110-621-20-458 + 12,000
Increase   20000-07110-211-20-466 + 20,000
Increase   20000-07110-100-20-481 + 8,000
Increase   20000-07200-635-20-611 + 326,000
Increase   20000-07210-250-20-632               + 10,000
Increase   20000-07210-253-20-635                + 10,000
Increase   20000-07220-213-20-664                  + 10,000
Increase   20000-10200-620-20-321                + 250,000
Increase   01000-01210-481-99 + 36,427
Increase   01000-09100-481-99-993                + 40,000
Increase   01000-01000-104-05 + 11,500
Increase   01000-01000-250-05 + 5,166
Increase   01000-01000-440-05 + 4,000
Increase   01000-01050-399-05-729 + 31,000
Increase   01000-01000-440-05 + 1,600
Increase   11000-01000-294-05 + 1,834
     
Revenues    
Increase   31000-09000-9100-99-275 + 5,485,596

Motion to approve made by Hickey.
 

ATTEST:

       

       

/s/ Joan Kirk 

   

/s/ Bart Bartholomew, Chairman

 aye

Fremont County Auditor

   

/s/ Randy Hickey

 aye

                                                                

   

/s/ Cara Morgan

 aye

At 10:05 a.m. Dan Davis, Engineer, met with the board requesting approval of IDOT 2014 Amended Budget.  Motion was made by Morgan to approve the IDOT 2014 budget amendment as presented.  Motion carried unanimously.  

At 10:15 a.m. The board received a request to vacate an alley in Anderson.  After some discussion motion was made by Morgan to look into the possible vacation of all unused alleys and streets in Anderson.  Motion carried unanimously.   

In other business, payroll and claims for May 2, 2014, were approved

At 11:00 there being no further business, Morgan made a motion to adjourn.  Motion carried unanimously. 

ATTEST:
 

Fremont County Auditor                                                                                Bart Bartholomew, Chairman

 

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