Board of Supervisors Minutes
August 2016

August 2, 2016:

The Fremont County Board of Supervisors met in regular session on Tuesday, August 2, 2016, in the Fremont County Courthouse Boardroom, with Morgan, Hendrickson and Hickey 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 also present for this meeting was Kristen Gray, Valley News.     

Troy Housh, Maintenance, met with the board requesting approval of a Lawn World contract renewal.  Hendrickson moved to approve the Lawn World contract for the sprinkler system in the courtyard.  Motion carried unanimously. 

Brian Kingsolver, George C. Grape Community Hospital Foundation President, met with the board to thank them for their support of the annual golf tournament fund raiser, with gross proceeds of approximately $32,000 going to benefit the hospital.  Kingsolver presented a Friend of the Foundation Award to the Fremont County Board of Supervisors.  Also present were Kirk Shearer, Dan Davis and Doug Weber.       

Motion was made by Hendrickson to approve the following Liquor Licenses, Motion carried unanimously.

a.)      Temporary Outdoor Service Beer License for Sidney Legion Club

b.)      Class C Beer Permit/Sunday Sales Liquor License for Cubby’s 

Dan Davis, Engineer, and Jeff Shirley, Assistant, met with the board to let them know the road department did not purchase a truck that was approved a couple of weeks ago, saying the chassis was not long enough for their needs.  At this point the road department is interested in purchasing a DuraPatcher, which is a trailer mounted patcher.  Davis explained the DuraPatcher is a pull behind trailer that is cost efficient and an effective repair method for fixing potholes, patches will last five to seven years.  This is an upgrade from what they are using now.  They were quoted $80,000 to purchase the patcher, but they were considering four options on it.  The total is $80,700, the discount for the county would be $17,933 so it would total $62,767 with shipping of $3,000 the total $65,767.  Hendrickson asked what they would get out of their old machine, and Shirley said he would put in on the auction.  Hendrickson made a motion to go ahead and allow the purchase. Motion carried unanimously. 

Kirk Shearer and Doug Weber stopped in to visit with the board.  

In other business, claims were approved for August 5, 2016

At 9:30 a.m. there being no further business, Hickey made a motion to adjourn.  Motion carried unanimously. 

ATTEST:

Fremont County Auditor                                                                                Cara Morgan, Chairman

August 9, 2016:

The Fremont County Board of Supervisors met in regular session on Tuesday, August 9, 2016, in the Fremont County Courthouse Boardroom, with Morgan, Hendrickson and Hickey 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 present for this meeting was, Sandra Parmenter with The Hamburg Reporter, Terry Graham, Corey Becker and Terry Fichter. 

Dan Davis, Engineer, met with the board requesting approval of a resolution regarding temporary road closures.  Motion was made by Hickey to approve the following Resolution 2016-41.  Motion carried unanimously.

Temporary Road Closure
Resolution 2016-41

Whereas: Section 306.41 of the Code of Iowa provides that “The agency having jurisdiction and control over any highway in the state, or the chief engineer of said agency when delegated by such agency, may temporarily close sections of a highway by formal resolution entered upon the minutes of such agency when reasonable and necessary because of construction, reconstruction, maintenance or natural disaster and shall cause to be erected ROAD CLOSED signs and partial or total barricades in the roadway at each end of the closed highway section and on the closed highway where that highway is intersected by other highways if such intersection remains open.  Any numbered road closed for over forty-eight hours shall have a designated route.  The agency having jurisdiction over a section of highway closed in accordance with the provisions of this section, or the persons or contractors employed to carry out the construction, reconstruction, or maintenance of the closed section of highway, shall not be liable for any damages to any vehicle that enter the closed section of highway, unless the damages are caused by gross negligence of the agency or contractor.:

NOW, THEREFORE, BE IT RESOLVED by the Fremont County Board of Supervisors that the County Engineer be authorized to close Fremont County Secondary roads as necessary with the actual dates of closure to be determined by the County Engineer as follows:

1.        For Construction:  any project as described in the approved Fremont County Secondary Road Construction Program     for the current fiscal year and any approved supplements thereto.

2.        For Emergency Closure of any road for maintenance purposes: Any route deemed necessary by the County Engineer.

Passed and Approved this 9th day of August, 2016. 

/s/ Cara Morgan
Chairman; Board of Supervisors

Attest:
/s/ Joan Kirk
County Auditor

Let the records show a City of Randolph representative did not come to this meeting. 

At 9:40 a.m. Hickey made a motion to recess this meeting to allow the board of supervisors to attend a FEMA meeting in the courtroom pertaining to new flood maps for Fremont County.  Motion carried unanimously. 

At 1:00 p.m. the board meeting resumed to make a decision whether to approve a transfer agreement for Green Hollow Center near Thurman. Present were Terry Graham, Terry Fichter, Sandra Parmenter, Bob Benton, Kirk Shearer, Corey Becker, Tim Sproul, Iowa Natural Heritage Foundation, and Conrad Hall.  After nearly an hour of discussion Hickey made a motion to go forward with the contract.  Hickey, aye, Morgan, aye and Hendrickson, nay.  Hendrickson said he voted nay because he did not approve of the contract.  Motion passed.    

In other business, the Sheriff’s Report for July 2016 was approved. 

At 2:00 p.m. there being no further business, Hickey made a motion to adjourn.  Motion carried unanimously. 

ATTEST:

Fremont County Auditor                                                                                 Cara Morgan, Chairman

August 16, 2016:

The Fremont County Board of Supervisors met in regular session on Tuesday, August 16, 2016, in the Fremont County Courthouse Boardroom, with Hendrickson, 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 that Sandy Parmenter from the Hamburg Reporter & Dan Swanson from Big Apple Radio were present for this meeting.  

Motion was made by Hickey to approve the following Resolution 2016-42.  Motion carried unanimously. 

RESOLUTION NO.  2016-42

A RESOLUTION PROVIDING FOR A PUBLIC HEARING AND PUBLICATION OF NOTICE IN REGARD TO FREMONT COUNTY ASSIGNING A CERTIFICATE OF PURCHASE AT TAX SALE TO THE FOLLOWING:

WHEREAS, the Fremont County Board of Supervisors proposes to assign the following certificate of purchase at tax sale to the City of Randolph, Randolph, Iowa for $324.00.  Parcel Number 450450116000000, Tax Sale Certificate 2014-314, RANDOLPH, in the original town of Randolph, Fremont County, Iowa, according to the recorded plat thereof. THEREFORE, be it resolved that a public hearing on the foregoing proposal shall be held at 10:00 a.m. on the 23rd day of August, 2016, in the Boardroom of the Fremont County Courthouse, Sidney, Iowa, and that the notice of the hearing shall be published as provided by the Iowa Code Section 331.361(2).  The Fremont County Auditor is directed to publish a notice of public hearing in The Sidney Argus Herald, at least four days but not more than twenty days before the date of the public hearing.  Motion to approve made by Hickey.

Adopted this 16th day of August, 2016.

ATTEST:

       

       

/s/ Dee Owen, Assistant

   

/s/ Cara Morgan, Chairman

 aye

Fremont County Auditor

   

/s/ Earl Hendrickson

 aye

                                                                

   

/s/ Randy Hickey

 aye

The board discussed a property tax relief case in Fremont County. The board consulted the county attorney for an opinion on this case since it involved 157 acres. Motion was made by Hickey to deny the request for suspension of taxes on this property. Motion carried unanimously.

Angela Bentley, Pastor of the Shenandoah Nazarene Church, met with the board regarding a Bible reading on the courthouse lawn. This is in response to a Governor’s Proclamation earlier this year encouraging Bible readings in front of courthouses in all 99 counties in Iowa. There were 40 counties that did not participate in the original time frame of June 30th through July 3rd Bentley is trying to organize readings in Fremont County. She will work with local churches to get volunteers. She may not ultimately be in charge, but wanted approval from the board before continuing her efforts. The dates given were September 8th through the 11th.  Motion was made by Hickey to approve the use of the courthouse lawn for the readings. Motion carried unanimously. 

Jennifer Thompson, Community Services Director/Case Management Supervisor, met with the board to update them on her department. A closing date has been set for the Fremont County Community Services Agency of September 30th, 2016. She recommended that the county department remain open so that Nancy Henneman, Office Manager, can complete billing and the cost settlement report with the state. Henneman would report every two weeks to keep the board informed of her progress. Also, Thompson recommended Henneman supervise Kathy Beam, Mental Health Advocate. Henneman already pays bills, salary, and does the salary report for Beam’s position. The board advised they would check with the county attorney to see how to handle Beam’s position. Thompson also discussed the remaining vehicle. Hendrickson made the motion to advertise in the papers for sealed bids with a reserve to be met. Motion carried unanimously. Thompson will send the bid notice to the Sidney Argus Herald and Hamburg Reporter. Thompson also requested to use her remaining vacation time prior to her last day of employment. Motion made by Hickey to allow her to use her vacation. Motion carried unanimously.

Also discussed were the remaining office supplies, equipment, and office space.   

Fremont County Assistant Engineer, Robbie Kromminga, met with the board.  Motion was made by Hendrickson to authorize Chairman Morgan to sign payment vouchers with HGM Associates, Inc. for engineering services for the following projects:

1.) J-22/150th Street bridge replacement (7/1/16 through 7/31/16). 2.) J-18 (from Hwy 275 to L-68), resurfacing (7/1/16) through 7/31/16). 3.) J-18 from L-68 to M-16 (5/1/16 through 7/31/16). Motion Carried unanimously. 

Alexsis Stensland with SWIPCO met with the board regarding the Hazard Mitigation Plan for Fremont County. She advised the plan is on schedule. They are planning a countywide meeting in early September. She went over a list of county assets with the board to help with the plan completion.

In other business, claims for August 19, 2016, were approved

At 10:24 a.m. there being no further business, Hickey made a motion to adjourn.  Motion carried unanimously. 

ATTEST:

Fremont County Auditor                                                                                Cara Morgan, Chairman

August 23, 2016:

The Fremont County Board of Supervisors met in regular session on Tuesday, August 23, 2016, in the Fremont County Courthouse Boardroom, with Hendrickson and Hickey 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 present for this meeting was, Sandra Parmenter with The Hamburg Reporter.  

Let the records show Cara Morgan was not present for this meeting.  

Dean Doty and Trina Petersen met with the board to discuss roads and ditches in Bartlett.  Doty said he is concerned about maintenance of the roads and ditches in Bartlett, and was questioning if some of the side streets could be blacktopped.  Hickey said the intent is to just black top the main road, and the ditches are still scheduled to be cleaned out.  Petersen said she and her husband have plans for improving the housing in Bartlett, but she is concerned about the drainage issue.        

Corey Becker, Attorney, met with the board to present his resignation as of September 6th, 2016.  Becker has accepted a position in the Attorney General’s office. 

Judy Crain, Treasurer, talked with the board regarding procedure changes for Property Tax Relief Cases in Fremont County.  The Board of Supervisors shall annually send a list of names and social security numbers of persons under suspension to the Department of Human Services. The Department shall verify the continued eligibility of the persons and return the list to the Supervisors.  The treasurer should make sure this is done with a suggested time frame of April of each year.     

Corey Becker, Attorney, requesting more time concerning a Quit Claim Deed for Vacated Road near Anderson.  Hickey made a motion to table any decision until next week. 

10:00 a.m. Public Hearing regarding purchase of Tax Sale Certificate by the City of Randolph.  At 10:02 a.m. Hickey made a motion to go into public hearing.  Motion carried unanimously.  With no one present from the public, and hearing no comments or objections.   At 10:05 a.m. Hickey made a motion to come out of public hearing. Motion carried unanimously.  Hickey made a motion to approve the following Resolutions approving the Tax Sale.  Motion carried unanimously. 

RESOLUTION NO. 2016-43

RESOLUTION APPROVING THE ASSIGNMENT OF CERTIFICATE OF PURCHASE AT TAX SALE TO THE FOLLOWING:

WHEREAS, City of Randolph, Randolph, Iowa 51649, is desirous of obtaining a certificate of tax sale purchase for $324.00 for the following: 

Parcel Number 450450116000000, Tax Sale Certificate 2014-314 – BLOCK 23, LOTS 1-10 INC., IN THE CITY OF RANDOLPH, FREMONT COUNTY, IOWA, according to the recorded plat thereof.  

WHEREAS, Fremont County is desirous of avoiding the expense of tax redemption procedure, and

WHEREAS, a public hearing on this proposal was held on the 23rd August, 2016 and,   

WHEREAS, the transfer of said certificate of tax purchase to the City of Randolph, Iowa 51649, is in the better interest of the County and is in the better interest of the City of Randolph, Iowa, 51649 to eliminate any form of liability to Fremont County, now

THEREFORE, it is hereby resolved that the Vice-Chairman of the Board of Supervisors is authorized and directed to execute the assignment of certificate of tax purchases of this real estate upon receipt of payment.

IT IS SO RESOLVED, this 23rd day of August, 2016.  

ATTEST:

       

       

/s/ Joan Kirk

   

/s/ Cara Morgan, Chairman

 absent

Fremont County Auditor

   

/s/ Earl Hendrickson

 aye

                                                                

   

/s/ Randy Hickey

 aye

RESOLUTION NO. 2016-44

ASSIGNMENT OF CERTIFICATE OF TAX SALE PURCHASE

Fremont County does hereby transfer the certificate of tax sale purchase regarding the described real estate to the City of Randolph, Randolph, Iowa 51649 as follows:

Parcel Number 450450116000000, Tax Sale Certificate 2014-314 – BLOCK 23, LOTS 1-10 INC., Randolph, Iowa.    

The county shall endorse the tax sale certificate as necessary to complete this assignment upon receipt of payment of $324.00.

Dated this 23rd day of August, 2016.

ATTEST:

/s/ Joan Kirk                                                                                /s/ Earl Hendrickson
Fremont County Auditor                                                             Earl Hendrickson, Vice-Chairman

STATE OF IOWA, FREMONT COUNTY SS:

On this 23rd day of  August, 2016, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Earl Hendrickson, 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/ Dee Owen
Notary Public in and for the State of Iowa 

At 10:10 a.m. there being no further business, Hickey made a motion to adjourn.  Motion carried unanimously.

Fremont County Auditor                                                                                Earl Hendrickson Vice Chairman

August 30, 2016:

The Fremont County Board of Supervisors met in regular session on Tuesday, August 30, 2016, in the Fremont County Courthouse Boardroom, with Morgan, Hendrickson and Hickey 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 present for this meeting was, Bob Geiger, and Dan Swanson with B103 Radio.   

John Travis, Sanitarian, and Kevin Aistrope, Sheriff, met with the board to discuss the Sanitation Department purchasing a trade-in vehicle from the Sheriff’s Department.  The vehicle is a 2011 Tahoe SSV with a trade-in value of $11,500.  Discussion was whether to leave the radio and lights in the vehicle which would be an additional cost of approximately $4,500.  Hendrickson made a motion to allow the vehicle purchase for $11,500 to be paid out of the Sanitation Department budget.  Motion carried unanimously.   

LuAnne Even, Waubonsie Mental Health, met with the board requesting permission to rent additional office space in a building leased by Fremont County.  Hickey said they would take the additional space into consideration, but the rent will depend on how much space they will need, also if they will need use of any furniture in the office space.  Hickey will do some measuring and get her some numbers.  

Jennifer Thompson, Community Services Director/Case Management Supervisor met with the board to discuss equipment disposal.  Thompson said all clients have now been transferred, and she has placed an ad in the paper for sealed bids on the last remaining vehicle.    

Corey Becker, Attorney, presented the following Resolution for the board’s consideration.  Motion was made by Hendrickson to approve the following Resolution 2016-45.  Motion carried unanimously.

RESOLUTION 2016-45

RESOLUTION FOR THE APPOINTMENT OF AN ACTING COUNTY ATTORNEY

WHEREAS, Fremont County Attorney Corey Becker has tendered his resignation and will be leaving the County Attorney’s Office as of 7:59 am on Wednesday, September 7, 2016, action is required to appoint an acting county attorney while a replacement is pursued;

BE IT RESOLVED BY THE FREMONT COUNTY BOARD OF SUPERVISORS that Pottawattamie County Attorney Matthew D. Wilber and the entirety of the Pottawattamie County Attorney’s Office is appointed acting County Attorney pursuant to Iowa Code Section 331.754 with reasonable attorney fees as authorized by the District Court, effective at 8:00am on Wednesday, September 7, 2016 for a term as provided by statue.

DATED this 30th day of August, 2016
 

ATTEST:

       

       

/s/ Joan Kirk

   

/s/ Cara Morgan, Chairman

 aye

Fremont County Auditor

   

/s/ Earl Hendrickson

 aye

                                                                

   

/s/ Randy Hickey

 aye

Corey Becker, Attorney, met with the board to present a Quit Claim Deed for a Vacated Road near Anderson.  Motion was made by Hickey to approve the Chairman sign the Quit Claim Deed.  Motion carried unanimously.   

Dan Davis, Engineer, met with the board requesting approval of the following:
 

1.        Utility Permit for Windstream Iowa Communications, Inc. for work to be done on L-68 5 miles SW of Farragut. 

2.        Sign Utility Permit for Windstream Iowa Communications for Work on 105th St., 3.72 Miles East of Tabor. 

3.        Sign Utility Permit for Windstream Iowa Communications for Work across Plum Creek RD & Pedestal at 1380 Plum Creek, 4.07 miles East of McPaul. 

Motion was made by Hendrickson to approve the above requests.  Motion carried unanimously. 

Motion was made by Hickey to approve the following Resolution 2016-46.  Motion carried unanimously.  

RESOLUTION ORDERING THE TREASURER TO SUSPEND TAXES PURSUANT TO IOWA CODE SECTION 427.9

RESOLUTION NO.  2016-46

WHEREAS, notification has been received from the Department of Human Services by the Board of Supervisors that the owner of property located at 4129 160th St., Shenandoah, Fremont County, IA belongs to a recipient of Medicaid assistance and pursuant to Iowa Code Section 427.9 and

WHEREAS, the law requires the Board of Supervisors to either suspend or abate the taxes under these circumstances,

NOW THEREFORE BE IT RESOLVED: That the taxes on S 10 AC SE SW Sec. 36 Twp. 70 Rng. 40. Fremont County, Iowa (parcel number 120120246000000) are hereby suspended and the Treasurer is ordered to suspend collection of all taxes, special assessments, for the 2016/2017 fiscal year. 

Motion to approve made by Hendrickson.

Approved this 30th day of August, 2016. 
 

ATTEST:

       

       

/s/ Joan Kirk

   

/s/ Cara Morgan, Chairman

 aye

Fremont County Auditor

   

/s/ Earl Hendrickson

 aye

                                                                

   

/s/ Randy Hickey

 aye

Arnold Emberton and Troy Housh met with the board, Emberton told the board that Housh had completed his probation period.  When the maintenance position was filled it was stated that at the end of the probation period a salary review and additional duties would be discussed   Emberton said he felt it would be cost effective to allow Housh to remove snow from the sidewalks instead of paying an outside vendor, he also asked them to consider having Housh start mowing the courtyard next year.  Hickey made a motion to increase his pay to $36,500 starting the next pay period, and approve the additional duties.  Motion carried unanimously.  

Bob Geiger spoke with the board regarding DNR concerns. 

The Recorder’s Report for July 2016 was approved.   

In other business, claims were approved for September 2, 2016

At 10:20 a.m. there being no further business, Hendrickson made a motion to adjourn.  Motion carried unanimously.

Fremont County Auditor                                                                                Cara Morgan, Chairman


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