Board of Supervisors
May 2001
May 1, 2001:
The Fremont County Board of Supervisors met in regular session on Tuesday, May 1, 2001, in the Fremont County Courthouse, Boardroom, with Whipple and Aistrope present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Supervisor Aistrope moved to approve the agenda as posted; motion carried unanimously. Supervisor Aistrope moved to approve the minutes of the previous Board session, carrying unanimously.
At 9:00 a.m. Jorge Valquier met with the Board in regards to an assignment of a tax sale certificate. The Board told him to submit the offer. Jorge said he would call the Auditor’s office if he wanted to pursue the assignment.
At 9:30 a.m. John Wells from Loess Hills Alliance met with the Board to submit the 2000 annual report and the study and input survey.
At 10:00 a.m. Jim Baylor and Greg Gregory stopped in to visit with the Board in regards to the notices sent for junk removal in the Loess Hills. The group filed the complaint in December of 2000. They met with the Board, County Attorney Vicki Danley and Engineer Dan Davis on January 11, 2001 and a motion was made to authorize the County Attorney to start proceedings to clean up the junkyards. Notice was sent according to the Fremont County zoning ordinance by Zoning Administrator Dan Davis and County Attorney Vicki Danley on January 31 and February 1, 2001. The Board said they cannot force the County Attorney to take the necessary legal action and the Zoning Administrator has done all he can do without her help. Baylor suggested the Board hire Rawson Stevens because no legal action has been taken by County Attorney Vicki Danley to act upon the enforcement of the ordinance. Greg Gregory said the County Attorney said she was in touch with DOT and the Sheriff according to Code 321H. Baylor said that is not what he was talking about and there were two different facets. The one he is concerned with is the public nuisance according to the zoning ordinance notice that was sent and it is the County Attorney’s responsibility to make this action happen. He said he knew the Board couldn’t act on a DOT matter. Baylor and Gregory also said they wanted more notices to be sent as they have more petitions. At this time the Board received a telephone call from Sheriff Steve MacDonald saying there was indication that Baylor and Gregory wanted the Board to hire another attorney to rid the junk in the Loess Hills and he said he talked to the DOT investigator and told him to come down according to 321H. Baylor told him that the situation falls under two facets. The one he wants acted upon falls under the county zoning ordinance and in January County Attorney Vicki Danley said she would proceed but she has not taken action. Sheriff MacDonald said the County Attorney will do her job and he will stay after her and she has to know that people are backing her up and MacDonald said he would back her up. When the conversation ended Baylor said of course they were backing her and the Board wouldn’t have authorized them to proceed if she were not backed up.
At 10:30 a.m. Jerry Smith met with the Board. He would like a way to have the overflow from the Schultz Drainage Ditch to flow to his wetlands. The Board has no problem with a tube on his property but asked him not to put anything in the Schultz Ditch. He also told the Board that Carl Johnson’s request to lower a tube is not on Johnson’s property but on his property. The Board said that Johnson said it was on his ground and if that tube Johnson wants to lower is on Jerry Smith’s ground then Johnson can’t go in and lower the tube.
At 10:45 a.m. County Engineer Dan Davis and Mike Batenhorst met with the Board to open bids for two truck chassis. Batenhorst said they will sell a suburban and a crew cab truck at auction. They wanted to purchase 2001 vehicles instead of 2002 vehicles because of an increase in price for 2002. Bids received were: 2001 4x2 F450 Ford for $31,900 or a 2001 4x4 F450 for $35,900 from Hawkins Marsh Ford; 2001 4x2 F450 for $30,753 or a 2001 4x4 F450 for $34,140 from H.P. Smith Ford. County Engineer Dan Davis said either truck would be sufficient and they could get along with 4x2’s. Motion was made by Aistrope to purchase two 4x2 F450 Ford truck chassis for the apparent low bid of $30,753.00 each from H.P. Smith Ford in Omaha, NE. Motion carried unanimously.
Paul Risdon stopped in and told the Board that he will mow the lots in Hamburg as he always has done.
Motion was made by Aistrope to authorize Chairman Whipple to sign the Enterprise Zone Program Agreement for Pella Corporation with motion carrying unanimously.
In other business, payroll and claims for May 4, 2001 were approved.
There being no further business, motion for adjournment was made.
ATTEST:
Fremont County Auditor John E. Whipple, Chairman
May 3, 2001:
The Fremont County Board of Supervisors met in regular session on Thursday, May 3, 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. Supervisor Hickey moved to approve the agenda as posted; vote care unanimously. Supervisor Aistrope moved to approve the minutes of the previous Board session; vote carried unanimously.
At 9:00 a.m. Dan Davis, County Engineer, met with the Board. Motion was made by Aistrope, seconded by Hickey, carrying unanimously to authorize Chairman Whipple to sign a supplemental agreement No. 1 for additional engineering services for BROS-CO36(27)—5F-36, L68 over Deer Creek with Kirkham Michael Consulting Engineers. Motion was made by Aistrope, seconded by Hickey, to sign the Iowa Department of Transportation Highway Division Plans of Proposed Improvements on the Farm to Market System, Fremont County, Iowa, RCB Culvert Replacement – Twin Box Mt. Zion Road Over North Branch of Camp Creek, FM-CO36(28)—55-36. Motion carried unanimously.
At 10:00 a.m. the Board met with Attorney Bruce Green in regards to the gender discrimination suit against the Board of Supervisors, Case No. 1-01-CV-80017. At 10:05 a.m. motion was made by Hickey to go into closed session according to Iowa Code 21.5-1( c ) to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. Motion seconded by Aistrope. Hickey, aye – Aistrope, aye – Whipple, aye. Present were Bruce Green, Whipple, Aistrope, Hickey and Auditor Lucille Hunt. At 12:30 p.m. motion was made by Aistrope to go out of closed session, seconded by Hickey, carrying unanimously.
There being no further business, motion for adjournment was made.
ATTEST:
Fremont County Auditor John E. Whipple, Chairman
May 8, 2001:
The Fremont County Board of Supervisors met in regular session on Tuesday, May 8, 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. Supervisor Hickey moved to approve the agenda as posted; vote carried unanimously. Supervisor Aistrope moved to approve the minutes of the previous Board session; vote carried unanimously.
At 9:00 a.m. Dan Davis, County Engineer, met with the Board. Motion was made by Hickey to authorize Chairman Whipple to sign two ROW contracts for Project FM-CO36(28)—55-36; one between Fremont County and B. Clifford Cheney and Jo Ann Cheney and one between Fremont County and Edythe M. Sharp Family Trust in Section 25-70-42 and Section 36-70-42. Motion was seconded by Aistrope and carried unanimously.
Gary Moles stopped in to visit with the Board in regards to the follow-up of the junk complaints in Anderson. The Board of Health recommends that the County Attorney be involved and Moles was taking the recommendation to the County Attorney.
At 10:00 a.m. Les Robbins met with the Board to give them an update on the Moyer Development. Ross Silcock was present. Robbins, Silcock and the Board discussed the possible grants for the Welcome Center. Robbins said he wants to put roads in the development now and is looking at financing. He said the county could bond and borrow the money at a percentage less than a developer. Hickey asked him if he talked to the drainage boards about discharging water and he said they didn’t want them using the Iowa Chute or Horse Creek. He talked about running the line to the river.
In other business, the Sheriff’s Monthly Report of Fees Collected and the County Recorder’s Report of Fees Collected were approved. Sandra Sillers, CPC, filed her report with the Board.
There being no further business, motion for adjournment was made.
ATTEST:
Fremont County Auditor John E. Whipple, Chairman
May 10, 2001:
The Fremont County Board of Supervisors met in regular session on Thursday, May 10, 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. Supervisor Hickey moved to approve the agenda as posted; vote carried unanimously. Supervisor Aistrope moved to approve the minutes of the previous Board session; vote carried unanimously.
Paul Wienen from Renaissance Restoration stopped in to see the Board. He took pictures and videos of the Courthouse and also took some bricks that had dried inside over the winter. He said Terry Cole and the representatives from Prosoco will be here on May 23 and 24.
At 9:15 a.m. the following resolution was approved.
RESOLUTION ABATING TAXES ON LAND OWNED BY CITY OF RANDOLPH: WHEREAS, the City of Randolph now owns certain property in Randolph, Fremont County, Iowa, Parcel No. 450450077000000, described as: LTS 11 – 15 , Block 17, City of Randolph, Fremont County, Iowa, according to the recorded plat thereof.
WHEREAS, the property has been owned by the City of Randolph 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.
BE IT FURTHER resolved that the Auditor and Treasurer shall enter such change orders required to abate these taxes.
Dated this 10th day of May, 2001.
Motion by Hickey, seconded by Aistrope, carried unanimously.
ATTEST:
/s/ Lucille Hunt
/s/ John E. Whipple
aye
Fremont County Auditor
/s/
David Aistrope aye
/s/ Keith Hickey aye
Carl Johnson stopped in to visit with the Board in regards to Schultz Drainage Ditch. The Board said they are only concerned with keeping the Schultz Drainage Ditch cleaned and maintained.
At 10:00 a.m. Janeth Winkler met with the Board in regards to substance abuse claims.
At 10:30 a.m. the Board discussed the wireless panic alert system for the Fremont County Courthouse as requested by the District Judges. Motion was made by Hickey to authorize Chairman Whipple to sign an acceptance of a quote by Electronic Engineering Co. to install a wireless panic alert system for the Fremont County Courthouse. Motion was seconded by Aistrope and carried unanimously.
There being no further business, motion for adjournment was made.
ATTEST:
Fremont County Auditor John E. Whipple, Chairman
May 15, 2001:
The Fremont County Board of Supervisors met in regular session on Tuesday, May 15, 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. Supervisor Hickey moved to approve the agenda as posted; vote carried unanimously. Supervisor Aistrope moved to approve the minutes of the previous Board session; vote carried unanimously.
At 9:30 a.m. Harvey Moyer met with the Board. He wanted to know why the Board did not accept his bid on October 10, 2000 to install the sidewalk. They read what Moyer submitted at that time and his bid stated it was an estimate only, not a bid, and since no other bids were received the Board directed Steve Whitehead, Maintenance Supervisor, to find someone to do the job. Mr. Moyer was notified at that time that an estimate is not a bid. The Board apologized for any misunderstanding.
In other business, payroll and claims for May 18, 2001 were approved.
There being no further business, motion for adjournment was made.
ATTEST:
Fremont County Auditor John E. Whipple, Chairman
May 17, 2001:
The Fremont County Board of Supervisors met in regular session on Thursday, May 17, 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. Supervisor Hickey moved to approve the agenda as posted; vote carried unanimously. Supervisor Aistrope moved to approve the minutes of the previous Board session; vote carried unanimously.
At 9:15 a.m. motion was made by Aistrope to appoint Lori Falk-Goss, Assistant Pottawattamie County Attorney, to be a special prosecutor in Case No. LACV023139 Stacey Lynette Collins v. State of Iowa, at the request of the County Attorney because of a conflict of interest of the County Attorney’s Office. Motion was seconded by Hickey and carried unanimously.
There being no further business, motion for adjournment was made.
ATTEST:
Fremont County Auditor John E. Whipple, Chairman
May 22, 2001:
The Fremont County Board of Supervisors met in regular session on Tuesday, May 22, 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. Supervisor Hickey moved to approve the agenda as posted; vote carried unanimously. Supervisor Aistrope moved to approve the minutes of the previous Board session; vote carried unanimously.
At 9:00 a.m. the budget amendment hearing was held. Motion was made by Hickey to authorize Chairman Whipple to sign the budget amendment as was published. Motion was seconded by Aistrope and carried unanimously.
RESOLUTION: BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 22nd day of May, 2001, that the following change in appropriation be made:
Expenditures Revenue
Increase 01000-01000-638-05 +
$30,000 Increase 01000-0211-23 + $15,000
Increase 01000-01050-399-05-729 +
$40,000 Increase 01000-0212-23 + $5,000
Increase 01000-01040-444-37 +
$20,000 Increase 01000-0229-05 + $75,000
Increase 01000-09100-491-99 + $5,900
Increase 01000-05400-319-12 + $10,000
Increase 01000-02010-421-31-504 +$2,000
Increase 01000-05300-320-62 + $15,000
Increase 01000-05300-307-63 + $5,000
Increase 11000-08020-481-99-30 + $1,300
Increase 20000-10200-621-20 + $113,000
Motion to approve made by Hickey, seconded by Aistrope, carried unanimously.
ATTEST:
At 9:05 a.m. Richard Payne inquired about annexing into the drainage district.
At 9:15 a.m. Frank Faust met with the Board in regards to spraying roads. He has a vineyard and asked the county not to spray close to the vineyard. He said grapes are very sensitive to drift from spray. Engineer Davis said he would work with him. Faust said he is getting a list of chemicals that could be used instead of some chemicals that damage his grapes.
At 9:30 a.m. bids were received for a motor grader. Present were County Engineer Dan Davis, Mike Batenhorst, Chris Larson and Steve Goins. Bids received were: Murphy Truck and Tractor a net price for a 2001 John Deere 770CH of $160,283, trade of $60,000 with a net price of $100,283, with a 5 year/7500 bonded buyback of $90,000 at a cost of $2,100. Ziegler Inc. a net price for 2001 Caterpillar 140H Motor Grader of $169,380, trade of $46,000 with a net price of $123,380, with a 5 year/7500 buyback of $86,500 at a cost of $1,300. Aistrope moved to accept the apparent low bid of $100,283 with a 5 year/7500 buyback of $90,00 at a cost of $2,100, from Murphy Truck and Tractor of Omaha, NE. Motion was seconded by Hickey and carried unanimously.
Motion was made by Hickey, seconded by Aistrope, to authorize Chairman Whipple to sign the Fremont County Board of Supervisors Application for Approval of Underground Construction County Right-of-Way for Envy Contractor Services, Plattsmouth, NE to bury phone line for QWEST under 410 Av at 2816 in Locust Grove Twp. Section 11. Motion carried unanimously.
The County Engineer recommended that the following percentage increases in salaries for supervisory and non-union personnel be allowed to be effective July 1, 2001: Assistant to County Engineer – 3.27%, Foreman – 2.86%, Administrative Assistant – 2.90%, Engineer – 2.98%.
RESOLUTION: BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors that the following salaries be in effect commencing on the 1st day of July 2001, for the supervisory and non-union personnel in the Secondary Road Department.
ASSISTANT TO COUNTY ENGINEER: $17. 35 per hour salary
FOREMAN: $15.30 per hour salary
ADMINISTRATIVE ASSISTANT: $12.44 per hour salary
ENGINEER: $1,700 increase per section 9 of contract in effect as of July 1, 2000
Motion is hereby made by Hickey, seconded by Aistrope, to adopt this resolution.
Dated this 22nd day of May, 2001.
ATTEST:
/s/ Lucille Hunt
/s/ John E. Whipple
aye
Fremont County Auditor
/s/
David Aistrope aye
/s/ Keith Hickey aye
At 10:15 a.m. Sandra Sillers met with the Board. Motion was made by Hickey to authorize Chairman Whipple to sign the case management cost report as submitted by Sandra Sillers. Motion was seconded by Aistrope and carried unanimously.
In other business, the following claim was approved for a hand-written warrant: SECONDARY ROAD FUND:
Murphy Tractor & Equipment Co., 51,435.00.
Aistrope left to attend a GIS seminar with SWIPCO in Griswold.
There being no further business, motion for adjournment was made.
ATTEST:
Fremont County Auditor John E. Whipple, Chairman
May 24, 2001:
The Fremont County Board of Supervisors met in regular session on Thursday, May 24, 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. Supervisor Hickey moved to approve the agenda as posted; vote carried unanimously. Supervisor Aistrope moved to approve the minutes of the previous Board session; vote carried unanimously.
At 8:30 a.m. the Welcome Center group came in and visited with the members present in regards to the Welcome Center planned at the I-29/ Hwy 2 development.
At 9:00 a.m. Gary Holland met with the Board regarding a tax sale certificate held by Fremont County.
At 9:30 a.m. Les Robbins and Ross Silcock met with the Board and discussed financing for Crossroads.
At 10:00 a.m. Terry Cole and Paul Wienen from Renaissance Restoration and representatives from Prosoco met with the Board and discussed timing to finish the project on the Courthouse.
In other business, an application for cigarette permit was approved for Sapp Bros.
There being no further business, motion for adjournment was made.
ATTEST:
Fremont County Auditor John E. Whipple, Chairman
May 29, 2001:
The Fremont County Board of Supervisors met in regular session on Tuesday, May 29, 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. Supervisor Hickey moved to approve the agenda as posted; vote carried unanimously. Supervisor Aistrope moved to approve the minutes of the previous Board session; vote carried unanimously.
At 9:00 a.m. the continuation of the public hearing on the report of commissioners and assessment of costs and expenses of construction and initial operating costs of the Benton Washington Lateral was held. Present were Whipple, Aistrope, Hickey, Harold Mitchell, Barton Lemrick and David Graeser. Motion was made by Hickey to approve the agenda as presented, seconded by Aistrope and carried unanimously. Whipple then opened the meeting for discussion and oral and written objections. Dave Graeser said there was only one written objection from James Draper stating that the WRP wetlands are assessed at very high dollar values not compatible with their being permanent wetlands. At the hearing Bob Geiger, Gene Eaton and Ivan Woltemath had questions on the same area of the wetlands. We are talking about one area. Graeser said they did not state any statutory authority nor he is not aware of anything in the Iowa Code that sets out a separate classification for such areas. They are simply asking for some relief because they are saying they do not get the benefit from the pumping district and in fact by constructing this impoundment area it is their allegation that they are assisting the pumps.
Graeser is not aware of any statutory rule or law that says you have to or can give them any specific separate consideration. You have one of three choices. One you have to decide if you want your engineers to establish some type of separate classification for that. That would be your decision and there is nothing in the law that requires it and if you were to do that, that would involve recalculating because this is based on total cost so it would involve recalculating all the other landowners within the benefited area and the other landowners would have to pick up the difference. You could decide that there is a valid reason to reduce the assessment and if you had an operating fund you could vote to pay up the difference out of whatever funds the district had to cover. Or you could decide that they are not going to have to have any special consideration and approve the classification and assessments as they have been set out. Harold Mitchell said he doesn’t see that they have any guarantee that down the road the wetlands won’t want the levees built back up that are now notched. If there was something in writing there may be some consideration taken but I feel that probably it needs to stand as is. Keith Hickey said when they put their land in wetlands they agreed to pay all taxes and drainage assessments and I feel that the pumping assessments would be the same and unless the laws have changed I feel they should pay it. Whipple asked if there was any other discussion. Hickey moved to approve the following resolution, seconded by Aistrope and carried unanimously.
A RESOLUTION APPROVING AND ADOPTING THE REPORT OF COMMISSIONERS AND ASSESSMENT OF COSTS AND EXPENSES OF CONSTRUCTION AND INITIAL OPERATING COSTS OF THE BENTON WASHINGTON LATERAL
WHEREAS, on May 9, 1995 the Benton-Washington Levee District entered into an interlocal cooperation agreement to share the local costs of construction, operation and maintenance of the Thurman-to-Hamburg Flood Control Improvement, and
WHEREAS, the report of the Engineer, Dale E. Miller P.E. of Kirkham-Michael and Associates, adopted by the Benton-Washington District on April 20, 1995, indicates that only part of the district is benefited by the improvement, and,
WHEREAS, all local costs of construction, operation and maintenance of the improvement must be levied upon the lands of the district benefited by the improvement, and
WHEREAS, the improvement has been constructed and turned over to the local districts for operation and maintenance and the total local costs can now be ascertained, and
WHEREAS, a competent and disinterested engineer from Kirkham Michael and Associates and two resident freeholders of Fremont County, Iowa, not living within, nor interested in any lands included in the district, nor related to any party whose land is affected by the district, were appointed Commissioners to classify the lands of the Benton-Washington Levee District as to the percentage of benefit received from construction of the Thurman-to-Hamburg Flood Control Improvement, and apportion and assess the costs and expenses of construction of the improvement on the basis of such classification, and
WHEREAS, the final report was filed in the office of the Auditor of Fremont County, Iowa on April 24, 2001, and certified on May 16, 2001, and conforms to Sections 468.38, 468.39, 468.40, 468.42 468.43 and 468.44 of the Code of Iowa, and
WHEREAS, the Fremont County Board of Supervisors and the Board of Trustees of the Benton-Washington Levee District of Fremont County, Iowa, Acting For and In Behalf of the Benton-Washington Lateral, ordered the Auditor to cause notice to be served upon each person whose name appears as owner, naming the person, and also upon the person or persons in actual occupancy of any tract of land without naming the person or persons, of the day and hour of such hearing, which notice shall be for the same time and served in the same manner as is provided for the establishment of a levee or drainage district, and shall state the amount of assessment of costs and expenses of construction apportioned to each owner upon each forty-acre tract or less, and that all objections thereto must be in writing and filed with the auditor at or before the time set for the hearing on May 24, 2001 at 7:00 p.m. in the Courtroom at the Fremont County Courthouse, and
WHEREAS, such notice was served upon each person whose name appears as owner and stated the amount of assessment of costs and expenses of construction apportioned to each owner upon each forty-acre tract or less and published in a newspaper of general circulation in Fremont County, Iowa which has been designated for publication of official notices and publication of such notice was not less than twenty days prior to the hearing date of May 24, 2001, according to Iowa Code 468.45, and
WHEREAS, the hearing was held on May 24, 2001, at 7:00 p.m. in the courtroom at the Fremont County Courthouse with the Engineer from Kirkham Michael and Associates, Board of Supervisors of Fremont County and the Benton Washington Trustees present, and
WHEREAS, the hearing was continued to 9 o’clock on May 29, 2001in the Fremont County Courthouse Boardroom, and
WHEREAS, the Board of Supervisors and the Benton Washington Trustees heard and determined all objections, written and oral, to said report and considered said report to be just and equitable according to 468.46.
NOW, THEREFORE be it resolved by the Fremont County Board of Supervisors and the Benton Washington Levee District, acting for and in behalf of the Benton Washington Lateral, do hereby approve and adopt the Report of Commissioners to classify the lands of the Benton Washington Levee District as to the percentage of benefit received from construction of the Thurman to Hamburg Flood Control Improvement and to apportion the Assessment of Costs and Expense of Construction and Initial Operating Costs of the Benton Washington Lateral.
IT IS FURTHER RESOLVED that pursuant to Iowa Code 468.49 this classification is the basis for future assessments.
IT IS FURTHER RESOLVED by the Fremont County Board of Supervisors that all assessments for benefits for costs and expenses of construction and initial operating costs of the Benton Washington Lateral is certified and payable at the office of the Fremont County Treasurer.
Dated this 29th day of May, 2001.
ATTEST: Fremont County Board of Supervisors
/s/ Lucille Hunt
/s/ John E. Whipple
aye
Fremont County Auditor
/s/
David Aistrope aye
/s/ Keith Hickey aye
Barton Lemrick stated that he wondered if they would ever get pumps up in his district. He stated drainage problems not involved in this pumping district. He said he could see no reason why his land wasn’t included in this district. Mitchell said the benefited area was established earlier and that land is not in the benefited area and it does not pertain to this pumping district. Whipple said the boundaries were set in 1995. Mitchell said the boundaries only took in the 920 elevation and if it is above 920 it is not included. Whipple said it is based on flood history. Graeser thought it was the ten- year period from 84 to 94. Hickey said the benefited area had to come up with a conclusion and they had to use the 920 elevation because there was so much resistance in the whole area. Mitchell said he made a motion to approve the same resolution, as the Board of Supervisors approved, for the Benton Washington district. Motion was seconded by Lemrick, Lemrick-aye; Mitchell-aye.
Hickey moved to approve the resolution to set the interest rate for certificates, motion seconded by Aistrope and carried unanimously.
A RESOLUTION APPROVING INSTALLMENT PAYMENTS AND AN INTEREST RATE FOR INSTALLMENT PAYMENTS ON CERTIFICATES ISSUED FOR PAYMENT OF THE APPROVED AND ADOPTED REPORT OF COMMISSIONERS AND ASSESSMENT OF COSTS AND EXPENSES OF CONSTRUCTION AND INITIAL OPERATING COSTS OF THE BENTON WASHINGTON LATERAL
WHEREAS, on May 29, 2001, the Fremont County Board of Supervisors and the Benton Washington Levee District, acting for and in behalf of the Benton Washington Lateral, approved and adopted the Report of Commissioners to classify the lands of the Benton Washington Levee District as to the percentage of benefit received from construction of the Thurman to Hamburg Flood Control Improvement and to apportion the Assessment of Costs and Expense of Construction and Initial Operating Costs of the Benton Washington Lateral.
WHEREAS, assessments of $100.00 or more on each forty acre tract or less may be paid in equal installments spread over a period of ten (10) years at an interest rate set by the Board of Supervisors with the first installment due and payable with first half taxes, and the balance to be paid annually with the first half of the real estate taxes each year.
NOW THEREFORE BE IT RESOLVED by the Fremont County Board of Supervisors this 29th day of May, 2001, that assessments of $100.00 or more on each forty acre tract or less may be paid in equal installments spread over a period of ten (10) years at an interest rate of nine percent (9%) with the first installment due and payable with first half taxes, and the balance to be paid annually with the first half of the real estate taxes each year.
BE IT ALSO RESOLVED that drainage certificates issued for each forty acre tract or less, to be paid in equal installments, be signed by everyone listed as deed holder on the property, and the certificate filed in the Fremont County Auditor’s office by June 29, 2001.
Dated this 29th day of May, 2001.
ATTEST: Fremont County Board of Supervisors
/s/ Lucille Hunt
/s/ John E. Whipple
aye
Fremont County Auditor
/s/
David Aistrope aye
/s/ Keith Hickey aye
The hearing was closed at 9:20 a.m.
There being no further business, motion for adjournment was made.
ATTEST:
Fremont County Auditor John E. Whipple, Chairman
May 31, 2001:
The Fremont County Board of Supervisors met in regular session on Thursday, May 31, 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. Supervisor Hickey moved to approve the agenda as posted; vote carried unanimously. Supervisor Aistrope moved to approve the minutes of the previous Board session; vote carried unanimously.
At 9:00 a.m. Christy McKinley from NRCS met with the Board regarding wetlands.
At 9:30 a.m. County Engineer Dan Davis met with the Board. Motion was made by Aistrope, seconded by Hickey, carrying unanimously to authorize Chairman Whipple to sign project plans for BROS-CO-36-(27—5F-36) Deer Creek. Motion was made by Aistrope, seconded by Hickey, carrying unanimously to authorize Chairman Whipple to sign an Application for Approval of Underground Construction County Highway Right-of-Way to place buried copper telephone cable in the west edge of the roadbed on 250th Ave. from St. Hwy. 145 south to 1645 250th Ave. The County Engineer delivered a recommendation from the Zoning Commission on proposed amendment to the Zoning Ordinance in regard to personal wireless service facilities.
At 10:00 a.m. Sandie Sillers and Janeth Winkler stopped in and discussed client charges.
There being no further business, motion for adjournment was made.
The Board left to attend a four-county meeting in Essex.
ATTEST:
Fremont County Auditor John E. Whipple, Chairman