Board of Supervisors Minutes
October 2006
October 3, 2006:
The Fremont County Board of Supervisors met in regular session on Tuesday, October 3, 2006, in the Fremont County Courthouse, Boardroom, with Whipple, Larson and Aistrope 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. discussion was held regarding selling the Sutton Building. Present were Vicki Danley and Dan Davis. Danley said she would prepare a notice to bidders and would bring it in for the Board’s approval on Thursday.
At 9:15 a.m. motion was made by Larson to approve a Class C Beer Permit and Sunday Sales for Sidney Foods. Aistrope, aye; Larson, aye; Whipple, aye.
The Recorder’s Report of Fees Collected for September was approved.
Claims were approved for October 6, 2006.
At 10:25 a.m., there being no further business, motion was made by Larson to adjourn. Aistrope, aye; Larson, Whipple, aye.
ATTEST:
Fremont County Auditor John E. Whipple, Chairman
October 5, 2006:
The Fremont County Board of Supervisors met in regular session on Thursday, October 5, 2006, in the Fremont County Courthouse, Boardroom, with Whipple, Larson and Aistrope 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.
Patricia Rengifo with The Hamburg Reporter was present for the entire meeting.
At 9:00 a.m. County Engineer Dan Davis met with the Board. Motion was made by Aistrope to authorize Chairman Whipple to sign a final payment voucher for Dakota Traffic Services for pavement marking work. Larson, aye; Aistrope, aye; Whipple, aye. Aistrope made a motion authorizing Chairman Whipple to sign a utility permit with Iowa Telecom for work at Patsy Ettleman’s property. Aistrope, aye; Larson, aye; Whipple, aye.
At 9:15 a.m. Fremont County Attorney Vicki Danley prepared a public notice to bidders and a resolution providing for a procedure for making, accepting and considering sealed bids for the Fremont County property known as the Sutton Property. Also present were Doug Hobbie and Randy Roup. Aistrope made a motion to publish the Public Notice – Notice to Bidders, and approve the following Resolution 2006-43. Larson, aye; Aistrope, aye; Whipple, aye.
RESOLUTION NO. 2006-43
RESOLUTION PROVIDING FOR A PROCEDURE FOR MAKING, ACCEPTING AND CONSIDERING
SEALED BIDS FOR THE FREMONT COUNTY PROPERTY KNOWN AS THE SUTTON PROPERTY
WHEREAS, Fremont County owns certain property, to:wit: Lot Two (2) of Lot One (1) of Lot One (1) of the Northwest Quarter of the Northwest Quarter (NW1/4NW1/4) of Section Twenty-Six (26), Township Sixty-nine (69) North, Range Forty-two (42) West of the 5th P.M., subject to easements of record, containing 0.98 acre, more or less, according to irregular survey of record, including easement for use and maintenance of the water line to said Lot 2 of Lot 1 of Lot 1 which runs along the Northeast right-of-way line of Iowa Highway #275 through the Northwest Quarter of the Northwest Quarter (NW1/4NW1/4) of said Section 26 and
WHEREAS, it is the opinion of the Fremont County Board of Supervisors that the county no longer needs the property and it ought to be sold, the Board wishes to receive sealed bids on the property, while maintaining the right to reject any and all bids.
NOW THEREFORE BE IT RESOLVED:
The Fremont County Board of Supervisors hereby requests that any person interested in purchasing the Sutton property submit a sealed bid. SEALED BIDS SHALL BE FILED IN THE OFFICE OF THE FREMONT COUNTY AUDITOR BY 4:30 P.M. On WEDNESDAY NOVEMBER 1, 2006. NO LATE BIDS WILL BE ACCEPTED OR CONSIDERED.
Bids will be opened and considered in the Boardroom at the regular session of the Board of Supervisors at 9:00 A.M. on Thursday, November 2, 2006. Contents of the bids will be included in the minutes of the Board meeting.
In the event a bid is accepted, further public notice and hearing on completion of the sale will be scheduled and held as required by law. Terms of bidding: Winning bidder must pay 10% of their bid in cash immediately upon acceptance of the bid by the Board of Supervisors on November 2, 2006 at the Board meeting or continuation thereof. Balance is to be paid in cash within thirty days or five days after public hearing on completion of the sale, whichever is later.
Auditor is directed to publish a notice to bidders at least four and not more than twenty days before the sealed bids are due on Wednesday, November 1, 2006 in both official county publications.
The Fremont County Board of Supervisors reserves the right to refuse and/or reject any and all bids.
Motion to approve made by Aistrope.
Adopted this 5th day of October 2006.
ATTEST:
/s/ Joan
Kirk /s/
John E. Whipple, Chairman aye
Fremont County Auditor /s/
David Aistrope aye
/s/ Chuck Larson
aye
Prepared and submitted by Vicki Danley, Fremont County Attorney
9:30 a.m. - Fremont County Attorney Vicki Danley will prepare a resolution rescinding Resolution No. 2006-40, and prepare a new resolution regarding outside council. She will meet with the Board at 9:00 a.m. on October 12, 2006.
At 9:45 a.m. Arnold Emberton, Information Technology, presented a Solutions License Agreement for the Board’s approval. Aistrope made a motion to sign the agreement. Larson, aye; Aistrope, aye; Whipple, aye.
At 9:50 a.m. Lowell Sherwood stopped in to visit with the Board regarding a drainage problem in the town of Percival. He feels most of the drainage tubes in town are plugged. Dan Davis was also present.
Doug Hobbie did not return for the 10:00 a.m. agenda appointment.
At 10:30 a.m. Sandie Sillers, Fremont County CPC/Community Services Director, met with the Board requesting the Board’s permission to draw up a simple agreement between her department and her cleaning service. The Board gave their approval.
At 11:00 a.m., there being no further business, Aistrope made a motion to adjourn. Aistrope, aye; Whipple, aye; Larson, aye.
ATTEST:
Fremont County Auditor John E. Whipple, Chairman
October 10, 2006:
The Fremont County Board of Supervisors met in regular session on Tuesday, October 10, 2006, in the Fremont County Courthouse, Boardroom, with Whipple, Larson and Aistrope 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. County Engineer Dan Davis met with the Board. Motion was made by Aistrope to authorize Chairman Whipple to sign DOT payment voucher for Bridge Design over Honey Creek, Project #BRS-CO36(41)-60-36. Aistrope, aye; Larson, aye; Whipple, aye.
Payroll was approved for October 13, 2006.
At 10:00 a.m. Margaret Askew Gregory stopped in to visit with the Board.
At 10:20 a.m. Ryan Funke stopped in to visit with the Board.
At 10:35 a.m., there being no further business, Larson made a motion to adjourn. Aistrope, aye; Larson, aye; Whipple, aye.
ATTEST:
Fremont County Auditor John E. Whipple, Chairman
October 12, 2006:
At 8:30 a.m. on Thursday, October 12, 2006, a department head meeting was held in the Fremont County Courthouse Boardroom. Present were John E. Whipple, Chuck Larson, David Aistrope, Margaret Askew Gregory, Vicki Danley, Art Claiborne, Karen Berry, Nancy Henneman and Joan Kirk. Larson said he talked to Craig Marshall about the defibrillator for the courthouse; training will be set up this month for employees to take classes for its use. Kirk said a committee has been set up for Wellness and Steve Whitehead has volunteered to be chairman. Danley asked if something could be arranged so that when the State Auditor comes she could use a different room than the Law Library. It was decided that the conference room downstairs would work for the State Auditor. Claiborne said he is working on a list of Civil War Veterans.
The Fremont County Board of Supervisors met in regular session on Thursday, October 12, 2006, in the Fremont County Courthouse Boardroom, with Whipple, Larson and Aistrope 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. Also present was Margaret Askew Gregory.
At 9:00 a.m. Vicki Danley, Fremont County Attorney presented two resolutions to the Board for their approval. The resolutions were faxed to Carlton Salmons seeking his agreement. Danley said she wanted to talk to him personally and would return a little later in the morning.
At 9:30 a.m. Joan Kirk, Fremont County Auditor, met with the Board requesting permission to hire a temporary full-time person for the Auditor’s Office until December 1st when Georgene Peeler will be retiring. Aistrope made a motion to approve the hiring of a temporary full time employee until December 1st. Larson, aye; Aistrope, aye; Whipple, aye.
At 9:40 a.m. Newt Heaton joined the meeting.
At 9:45 a.m. Steve MacDonald, Fremont County Sheriff, met with the Board requesting the approval of two new deputy appointments for Timothy Dean Bothwell and Jerome Allen Richter. MacDonald also turned in a Revocation of Appointment of Neal Songer who recently retired. Larson made a motion to sign the certificates for the two new appointments. Aistrope, aye; Larson, aye; Whipple, aye.
At 10:00 a.m. a public hearing on a bid for underground fuel storage for secondary road was held. Present were David Aistrope, John E. Whipple, Chuck Larson, Joan Kirk, Dan Davis, Mike Batenhorst, Newt Heaton, Steve MacDonald, Larry Greedy, Richard Dittberner, Jerry Holt and Karen Holt, Margaret Askew Gregory and Doug Hobbie. Davis gave a brief overview of the process leading up to the public hearing. After a lengthy discussion, Larson felt more bids should be sought before approving the underground storage. Aistrope made a motion to reject the bid and put it out for more bids. Larson, aye; Aistrope, aye; Whipple, aye.
At 10:28 a.m. County Attorney, Vicki Danley met with the Board requesting their approval of the following Resolutions. Larson made a motion to approve the resolutions. Aistrope, aye; Larson, aye; Whipple, aye.
Resolution No. 2006-44
A Resolution rescinding Resolution No. 2006-40.
Whereas Resolution No 2006-40, passed on August 29, 2006, wherein the Fremont County Board agreed to hire Carlton Salmons at $175 per hour for Mental Health Appeal was passed at the request of Sandie Sillers without consulting with the county attorney, and
Whereas the County Attorney has now informed the Board and Sandie Sillers in writing and with citation of authority, that, in her opinion as county attorney, the Board has no authority to appoint or pay a private attorney to represent the county in the matter, and that it would be illegal for the Board to pay a private attorney to represent the county or Ms. Sillers in this case,
Now, therefore, be it resolved that Resolution No 2006-40 is rescinded and canceled.
Moved by Larson.
ATTEST:
ROLL CALL:
/s/ Joan
Kirk /s/
John E. Whipple, Chairman aye
Fremont County Auditor /s/
David Aistrope aye
/s/ Chuck Larson
aye
Prepared and submitted by Vicki Danley, Fremont County Attorney.
Resolution No.2006-45
A Resolution Appointing Counsel to Assist the County Attorney at the County Attorney’s request.
Whereas Resolution No 2006-40, passed on August 29, 2006, wherein the Fremont County Board agreed to hire Carlton Salmons at $175 per hour for Mental Health Appeal was passed without consulting with the county attorney, and
Whereas, on the advice of the County Attorney, the Board rescinded Resolution No. 2006-40, but the Board does request that the county attorney accept the assistance of Carlton Salmons, and the County Attorney has agreed to request and accept his assistance in case no. CVCV035513 "Crawford County, Iowa and Crawford County Board of Supervisors, Petitioners, vs. State of Iowa, ex rel Kevin W. Concannon Director of the Iowa Department of Human Services, Respondents, vs. Pottawattamie County, Iowa and Pottawattamie County Board of Supervisors, Respondents, v. Fremont County, Iowa and Fremont County Board of Supervisors, Respondents." only, so as to avoid litigation as to the legality of his appearance on behalf of Fremont County in that case.
Now, therefore, be it resolved that, at the request of the county attorney, Carlton Salmons is appointed to assist her in case no. CVCV035513 "Crawford County, Iowa and Crawford County Board of Supervisors, Petitioners, vs. State of Iowa, ex rel Kevin W. Concannon Director of the Iowa Department of Human Services, Respondents, vs. Pottawattamie County, Iowa and Pottawattamie County Board of Supervisors, Respondents, v. Fremont County, Iowa and Fremont County Board of Supervisors, Respondents." only.
Mr. Salmons will present his statement for his services monthly to the county attorney for her approval prior to payment. The county attorney shall present the claim and Fremont County will make payment from the budget of Community Services or CPC or other funds but not out of the budget of the county attorney, nor will amounts be deducted from the budget of the county attorney for that purpose.
The Board acknowledges that it is the right of the elected county attorney to represent this Board and Fremont County in court in all proceedings in the courts of this state absent certain circumstances none of which apply in this case and that this Board has been advised by her that it has no authority to appoint counsel to represent Fremont County in the courts of this State absent a request for assistance from the county attorney, incapacity of the county attorney, or a conflict of interest identified by the county attorney. (Iowa Code 331.754, 331.757(1) and 331.759.)
Moved by Larson.
ATTEST:
ROLL CALL:
/s/ Joan
Kirk /s/
John E. Whipple, Chairman aye
Fremont County Auditor /s/
David Aistrope aye
/s/ Chuck Larson
aye
Prepared and submitted by Vicki Danley, Fremont County Attorney
The following claim was approved for a handwritten warrant. Special Law Enforcement Fund; Investigations, $1,500.00.
At 10:56 a.m. Aistrope made a motion to adjourn. Larson, aye; Aistrope, aye; Whipple, aye.
ATTEST:
Fremont County Auditor John E. Whipple, Chairman
October 17, 2006:
The Fremont County Board of Supervisors met in regular session on Tuesday, October 17, 2006, in the Fremont County Courthouse Boardroom with Whipple, Larson and Aistrope 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. Jim Owen, Assistant to the County Engineer, met with the Board. Motion was made by Aistrope to authorize Chairman Whipple to sign a temporary easement contract with Michael Hughes on Project No. BRS-CO36(41)-60-36. Aistrope, aye; Larson, aye; Whipple, aye.
At 9:15 a.m. Steve Whitehead met with the Board regarding a yearly contract for pest control.
In other business, claims for October 20, 2006 were approved.
At 10:20 a.m. there being no further business, Aistrope made a motion to adjourn. Aistrope, aye; Whipple, aye; Larson, aye.
ATTEST:
Fremont County Auditor John E. Whipple, Chairman
October 19, 2006:
The Fremont County Board of Supervisors met in regular session on Thursday, October 19, 2006, in the Fremont County Courthouse Boardroom with Whipple, Larson and Aistrope 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.
Margaret Askew Gregory was present for the entire meeting.
At 9:00 a.m. Sandie Sillers, Fremont County CPC/Community Services Director, presented the Board with a copy of the state approved Fremont County Mental Health Plan. Sillers said the state is considering revamping the CPC program. Sillers is personally against the whole thing and will know more about it after fall school.
At 9:15 a.m. Margaret Henkle, Fremont County Recorder, met with the Board requesting approval for a part time deputy replacement. Aistrope made a motion to approve the appointment of a part time replacement deputy. Larson, aye; Aistrope, aye; Whipple, aye.
At 10:00 a.m. motion was made by Larson to authorize Chairman Whipple to sign a Class B Native Wine Permit and Sunday Sales for Southern Loess Hills Welcome Center, Inc. Larson, aye; Aistrope, aye; Whipple, aye.
At 10:00 a.m., there being no further business, Aistrope made a motion to adjourn. Aistrope, aye; Larson, aye; Whipple, aye.
ATTEST:
Fremont County Auditor John E. Whipple, Chairman
October 24, 2006:
The Fremont County Board of Supervisors met in regular session on Tuesday, October 24, 2006, in the Fremont County Courthouse Boardroom with Whipple, Larson and Aistrope 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 9:20 a.m. Margaret Askew Gregory joined the meeting.
At 10:00 a.m. Eric Nelson met with the Board regarding a grant for the Welcome Center for seeding and tree planting. The Supervisors agreed to have Nelson receive the initial billing then turn them in to the Auditor’s Office. The money will come out of REAP and will be paid back as the grant money comes in.
Payroll was approved for October 27, 2006.
In other business, the Sheriff’s monthly report was approved.
At 10:20 Mary Kesterson with Home Health visited with the Board regarding quarantine and isolation procedures for Fremont County Public Health.
At 10:26 a.m., there being no further business, Larson made a motion to adjourn. Aistrope, aye; Whipple, aye; Larson, aye.
ATTEST:
Fremont County Auditor John E. Whipple, Chairman
October 26, 2006:
The Fremont County Board of Supervisors met in regular session on Thursday, October 26, 2006, in the Fremont County Courthouse Boardroom with Whipple, Larson and Aistrope 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. Lona Lewis, Emily Bengtson and Mary Ann Waltz, representing the Fremont County Historical Society, met with the Board. Lewis stated that the Historical Society now has the opportunity to purchase the Pearsall building. She said that in order to get grants, they need $3000 to hire an architect to do a preliminary drawing of project plans. Larson made a motion to give the $3000. It was decided to table a decision until Tuesday, October 31, at 9:15 a.m.
At 9:30 a.m. the Board read a letter from Doug Doty, Extension Office, requesting to have their health insurance with the County group. The Board will ask Doty to come in and discuss the matter.
At 9:45 a.m. Recorder Margaret Henkle met with the Board regarding microfilm conversion. She stated that she receives one dollar for every document recorded. The money is to be used to replace, maintain and preserve records. She stated that she has $23,000 in the records management account and wanted to stipulate the money be used to change from microfilm to a more up to date media; either CD’s or optical.
At 10:00 a.m. County Engineer Dan Davis met with the Board. Motion was made by Larson to authorize Chairman Whipple to sign the secondary road union contract for 2007/2008. Aistrope, aye; Larson, aye; Whipple, aye.
At 10:15 a.m. Ross Silcock and Linda Cruickshank from FREDCO and Frank Spillers, Economic Development Consultant, met with the Board. Silcock said they were requesting $2500 from the County to be used on a county plan for economic development. He stated that SWIPCO would contribute $5000 and FREDCO would contribute $2500. Motion was made by Aistrope to give $2500 to FREDCO for use on the county plan. Larson, aye; Aistrope, aye; Whipple, aye.
At 10:35 a.m., there being no further business, motion was made by Aistrope to adjourn. Larson, aye; Aistrope, aye; Whipple, aye.
ATTEST:
Fremont County Auditor
John E. Whipple, Chairman
October 31, 2006:
The Fremont County Board of Supervisors met in regular session on Tuesday, October 31, 2006, in the Fremont County Courthouse Boardroom with Whipple, Larson and Aistrope 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. County Engineer Dan Davis met with the Board. Motion was made by Aistrope to authorize Chairman Whipple to sign an application for approval of underground construction for Extreme Trenching for Qwest telephone service lines at 2921 Swedish Road, Washington Township. Larson, aye; Aistrope, aye; Whipple, aye.
At 9:10 a.m. Lona Lewis, Emily Bengtson and Mary Ann Waltz arrived at the meeting. At 9:15 a.m. motion was made by Larson to approve their earlier request of $3000 for the Historical Society. Aistrope, aye; Larson, aye; Whipple, aye.
In other business, the Report of Commission of Veteran Affairs was approved.
Claims were approved for November 3, 2006.
At 10:30 a.m. Clarence Hoffman of County Risk Management met with the Board and gave an update on the ICAP program.
At 10:50 a.m., there being no further business, motion was made by Aistrope to adjourn. Larson, aye; Aistrope, aye; Whipple, aye.
ATTEST:
Fremont County Auditor John E. Whipple, Chairman