Board of Supervisors Minutes

September 2002

September 3, 2002:

The Fremont County Board of Supervisors met in regular session on Tuesday, September 3, 2002, in the Fremont County Courthouse, Boardroom, with Aistrope, Hickey and Whipple 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 Board then read communications and heard visitors.

The following claims were approved for September 6, 2002.

There being no further business, motion for adjournment was made.

ATTEST:

Fremont County Auditor                             David Aistrope, Chairman

September 5, 2002:

The Fremont County Board of Supervisors met in regular session on Thursday, September 5, 2002, 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. Supervisor Whipple was attending an ISAC Finance Committee meeting in Des Moines. 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 Board then read communications and heard visitors.

Payroll for September 6, 2002 and the Recorder’s Report of Fees Collected were approved.

There being no further business, motion for adjournment was made.

ATTEST:

Fremont County Auditor                             David Aistrope, Chairman

September 10, 2002:

The Fremont County Board of Supervisors met in regular session on Tuesday, September 10, 2002, in the Fremont County Courthouse, Boardroom, with Aistrope, Hickey and Whipple 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 Sheriff MacDonald met with the Board. He said he was going to have an impound auction on October 3, 2002. He wanted to know if the Board would like to put the house to be moved, located next to the jail, on the auction. The Board said they had parcels of land owned by the County that will be put up for bid. They had planned on putting the house to be moved on the same advertisement for bids.

At 9:15 a.m. County Engineer Dan Davis met with the Board. Motion was made by Hickey to authorize Chairman Aistrope to sign a payment voucher to Kirkham, Michael and Associates, Inc. for Project Number FM-CO36(33)—55-36. Motion was seconded by Whipple. Hickey, aye; Whipple, aye; Aistrope, aye. Motion was made by Whipple to authorize Chairman Aistrope to sign two Hungry Canyons Stream Channel Stabilization Project Plans, Grant Agreement number 02-4-F Walnut Creek Tributary, Section 11/14, T69N,R41W Fremont County and Grant Agreement number 02-3-F Mill Creek Tributary, Section 15/22, T67N,R41W. Motion seconded by Hickey. Whipple, aye; Hickey, aye; Aistrope, aye. Motion was made by Hickey to authorize Chairman Aistrope to sign Supplemental Agreement No. 1 for J34 Construction Phase Services KM-0203239. Motion was seconded by Whipple. Whipple, aye; Hickey, aye; Aistrope, aye. Motion was made by Whipple to authorize Chairman Aistrope to sign an application for approval of underground construction county highway right of way for applicant Nebraska Communication Services, Inc. for placement of buried telephone line from 2762 WaShawTee Rd east to N.E. Corner of 278 Ave and WaShawTee Rd. Motion was seconded by Hickey. Hickey, aye; Whipple, aye; Aistrope, aye.

At 10:00 a.m. the Supervisors reviewed the contract, certificate of liability insurance and performance bond for O’Neal Electric Company. Motion was made by Hickey to authorize Chairman Aistrope to sign the agreement between Fremont County and O’Neal Electric Company to upgrade the electrical system in the Fremont County Courthouse. Motion was seconded by Whipple. Hickey, aye; Whipple, aye; Aistrope, aye.

In other business, the Sheriff’s Monthly Report of Fees Collected was approved.

There being no further business, motion for adjournment was made.

ATTEST:

Fremont County Auditor                              David Aistrope, Chairman

September 12, 2002:

The Fremont County Board of Supervisors met in regular session on Thursday, September 12, 2002, in the Fremont County Courthouse, Boardroom, with Supervisors Aistrope, Hickey and Whipple 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 Board then read communications and heard visitors.

At 9:15 a.m. motion was made by Hickey, seconded by Whipple to sign the Waubonsie Mental Health Contract.

There being no further business, motion for adjournment was made.

The Board then left to attend a four-county meeting in Clarinda.

Fremont County Auditor                             David Aistrope, Chairman

September 17, 2002:

The Fremont County Board of Supervisors met in regular session on Tuesday, September 17, 2002, in the Fremont County Courthouse, Boardroom, with Aistrope, Hickey and Whipple 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. Attorney Bruce Green and Frank Miller met with the Board in regards to pending litigation. Motion was made by Whipple to go into closed session according to Iowa Code 21.5(c ) to discuss legal issues where disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. Vote: Whipple, aye; Hickey, aye; Aistrope, aye. Present were Attorney Bruce Green, Frank Miller, David Aistrope, Keith Hickey, John E. Whipple and Assistant Auditor June Hardy. At 9:03 a.m. the Board went into closed session. At 10:00 a.m. motion was made by Whipple to go out of closed session. Vote: Whipple, aye; Hickey, aye; Aistrope, aye. No action was taken.

At 10:30 a.m. motion was made by Whipple seconded by Hickey to authorize Chairman Aistrope to sign a 28E Drivers License Agreement. Motion carried unanimously.

Payroll and claims for September 20, 2002 were approved.

In other business, Mary Kingsolver met with the Board and an application for diagnostic evaluation for a Glenwood client was signed.

There being no further business, motion for adjournment was made.

ATTEST:

Fremont County Auditor                             David Aistrope, Chairman

September 19, 2002:

The Fremont County Board of Supervisors met in regular session on Thursday, September 19, 2002, in the Fremont County Courthouse, Boardroom, with Aistrope, Hickey and Whipple present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Hickey moved to approve the minutes of the previous Board session; vote carried unanimously.

At 9:15 a.m. Attorney Gene Eaton met with the Board. County Engineer Dan Davis was present. After discussion, motion was made by Hickey to approve the following resolution. Motion carried unanimously.

RESOLUTION PROPOSING VACATION OF ALLEY IN PERCIVAL, IOWA AND FIXING DATE, TIME AND PLACE OF HEARING

WHEREAS Geneva Ailes, by her Attorney Gene Eaton, is requesting the County Board of Supervisors to vacate a portion of the North South alley bisecting Block 2 in the unincorporated Town of Percival, Iowa, legally described as:

That part of the North – South alley bisecting Block 2 in the unincorporated Town of Percival, Iowa, bounded on the North by an eastward extension of the North line of Lot 8 to Lot 4 and on the South by the North line of Grant Street; and

WHEREAS, the only abutting property owner is Geneva Ailes and there are no utility companies with facilities adjoining or located upon the above described portion of the alley and no state lands would be affected by vacation thereof; and

WHEREAS, the above described portion of alley has not been used by the public or by any property owners other than Geneva Ailes for many years, and in fact the alley is obstructed in whole or in part by the garage of Geneva Ailes which was erected many years ago; and

WHEREAS, the board has concluded that vacation of the above described portion of alley would not prejudice or adversely impact the public, would not adversely impact upon the usage, maintenance and operation of any utility facility and would not deny access or cause damage to abutting property owners, and has tentatively determined that the above described portion of alley should be vacated and that public hearing should be held thereon pursuant to and in accordance with the provisions of sections 306.10. 306.11, 306.12, 306.13, 306.14, and 306.16 of the code of Iowa, 2001;

BE IT THEREFORE RESOLVED BY THE BOARD OF SUPERVISORS OF FREMONT COUNTY, IOWA AS FOLLOWS:

1. That the Board of Supervisors does hereby propose vacation of that portion of the North – South alley bisecting Block 2 in the unincorporated Town of Percival, Iowa, bounded on the North by an eastward extension of the North line of Lot 8 to Lot 4 and on the South by the North line of Grant Street.

          2. That hearing on the proposed vacation of the above
          described segment of the North – South alley bisecting block 2
          in the unincorporated Town of Percival, Iowa shall be held on the
          3rd day of October, 2002 at the boardroom of the Fremont
          County Courthouse in Sidney, Iowa commencing at 10:00 a.m

3. That the Auditor of Fremont County, Iowa, be and she is hereby directed to publish notice of the hearing in one publication of the Sidney Argus Herald not less than four nor more than twenty days prior to the hearing and to mail notice of the public hearing by certified mail to Geneva Ailes, the only abutting property owner pursuant to section 306.12 of the Iowa Code.

PASSED, APPROVED AND ADOPTED at Sidney, Iowa this 19th day of September, 2002.

ATTEST:

/s/ Lucille Hunt                               /s/ David Aistrope, Chairman
Fremont County Auditor               /s/ Keith Hickey
                                                        /s/ John E. Whipple

At 9:30 a.m. County Engineer Dan Davis met with the Board. Motion was made by Hickey to authorize

Chairman Aistrope to sign a payment voucher to Kirkham, Michael & Associates, Inc. for Project Number

FM-CO36(33)—55-36. Motion was seconded by Whipple. Hickey, aye; Whipple, aye; Aistrope, aye.

There being no further business, motion for adjournment was made.

ATTEST:

Fremont County Auditor                             David Aistrope, Chairman

September 24, 2002:

The Fremont County Board of Supervisors met in regular session on Tuesday, September 24, 2002, in the Fremont County Courthouse, Boardroom, with Aistrope, Hickey and Whipple 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. motion was made by Hickey to authorize Chairman Aistrope to sign the renewal license for off-premise liquor, wine or beer for Sidney Foods Ltd. Motion was seconded by Whipple. Hickey, aye; Whipple, aye; Aistrope, aye.

At 9:30 a.m. baseball sub-committee members of Sidney Alumni and Friends Jeff Norton, Larry Rogers, Lynn Benson, Joe Travis and Bob Stading met with the Board. Discussion was held in regards to a Vision Iowa Grant for a baseball/softball recreational facility. Vision Iowa requires city and county commitments. No action was taken.

At 10:00 a.m. motion was made by Whipple to authorize Chairman Aistrope to sign the Cost Report for Case Management. Motion carried unanimously.

Motion was made by Whipple to appoint Keith Hickey as the Supervisor to act for Fremont County Supervisors in connection with Farm Service Agency and Commodity Credit Corporation program for all actions for current and future programs. Motion carried unanimously.

There being no further business, motion for adjournment was made.

ATTEST:

Fremont County Auditor                            David Aistrope, Chairman

The Fremont County Board of Supervisors met in special session with the Landfill Commission at 7:00 p.m. on Tuesday, September 24, 2002, in the Fremont County Courthouse, Boardroom, with Aistrope, Hickey and Whipple present. Discussion was held in regards to the Fremont County Landfill Association approving the "Local Government Guarantee" Financial mechanism in regards to the landfill. The Fremont County Landfill Association is a formal 28E organization comprised of the county and all cities within Fremont County. It is required that the Fremont County Landfill Association adopt the Local Government Guarantee as its financial assurance mechanism and to agree to comply with the requirements of the Local Government Guarantee as provided by the Iowa Administrative Code 111.6(8). The cities present signed the resolution. Motion was made by Hickey to authorize Chairman Aistrope to sign the resolution, Fremont County Landfill Association Approving the "Local Governmental Guarantee" Financial Assurance Mechanism. Motion carried unanimously.

ATTEST:

Fremont County Auditor                             David Aistrope, Chairman

September 26, 2002:

The Fremont County Board of Supervisors met in regular session on Thursday, September 26, 2002, in the Fremont County Courthouse, Boardroom, with Hickey and Whipple present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Whipple moved to approve the agenda as posted; vote carried unanimously. Supervisor Whipple moved to approve the minutes of the previous Board session; vote carried unanimously. Aistrope was attending a SWIPCO meeting in Atlantic.

At 9:00 a.m. County Engineer Dan Davis met with the Board. Motion was made by Whipple to authorize Hickey to sign a road right of way permit to applicant Alan Driever, 2878 240th St., Sidney, Iowa to bury a power line and from applicant Prairie Telephone Company for underground construction on 370th Ave. to start at the northern city limits of Farragut. Motion carried unanimously. Motion was made by Whipple to authorize Hickey to sign a payment voucher for Kirkham, Michael & Associates, Inc. for project number FM-CO36(25)—55-36 and sign AIA Document B151-1997 Owner/Architect Agreement for the County Shop’s project with Nielsen, Mayne Architecture, Inc., 1010 South 120th Street, Suite 205, Omaha, Nebraska. Motion carried unanimously.

At 9:45 a.m. motion was made by Whipple to authorize Arnold Emberton to apply for an extension to comply with HIPPA regulations. Motion carried unanimously.

The following handwritten warrant was approved: General Basic Fund: Fremont County Sheriff, 1500.00.

There being no further business, motion for adjournment was made.

ATTEST:

Fremont County Auditor                             Keith Hickey, Vice Chairman

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