Board of Supervisors Minutes

October 2013

October 1, 2013:

The Fremont County Board of Supervisors met in regular session on Tuesday, October 1, 2013, in the Fremont County Courthouse Boardroom, with Bartholomew, Hickey and Morgan present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Minutes of the previous Board session were read and approved. The agenda was approved as posted.

At 9:00 a.m. Danny Toma, Maintenance, told the Board a linden tree located on the west side of the courtyard is dying, and feels it should come down. Toma took three bids on removing the tree and is requesting the low bid of $800 be approved. Motion was made by Morgan to accept the low bid of $800.00. Morgan, aye; Hickey, aye; Bartholomew, aye.

At 9:15 a.m. Motion was made by Hickey to approve the following claims for LEC: Fremont County Title Co. $310.00, abstract work for LEC; Prochaska & Associates Inc. $56,607.05, LEC design development. These expenses will come out of Department 99, and when bonds are sold the county will be reimbursed for these expenses. Morgan, aye; Hickey, aye; Bartholomew, aye.

At 9:15 a.m. Edna Eaton joined the meeting.

At 9:20 a.m. Dan Davis, Engineer, met with the Board requesting approval of the following:

Morgan moved to approve the Chairman to sign a document approving the five-year Secondary Road Program Amended #2. Morgan, aye; Hickey, aye; Bartholomew, aye.

Motion was made by Hickey to approve the following Resolution 2013-54. Morgan, aye; Hickey, aye; Bartholomew, aye.

RESOLUTION NO. 2013-54

RESOLUTION FOR TEMPORARY ROAD CLOSING AND DETOUR DESIGNATION

WHEREAS, Chapter 306, Section 306.41 of the Code of Iowa, provides for the temporary closing of a highway for construction, reconstruction, maintenance or natural disaster, and that any numbered road closed for over forty-eight hours shall have a designated detour route, and

WHEREAS, Fremont County is closing the Taylor Bridge over the West Nishnabotna on County Route J22 on 150th St in Riverside Township. This road will require temporary closing approximately 2,200ft East of the intersection of 307th Ave and 150th St in Section 31, T70N-R41W, thence East on 150th St 750 feet and terminating, and

WHEREAS, the detour route shall begin at the intersection of 307th Avenue and County Route J22 on 150th St on the North side of Section 31, T70N-R41W, thence South 1 mile on 307th Avenue to the intersection of 160th Street; thence West on 160th Street, 0.25 mile to the intersection of 305th Ave; thence South on 305th Ave, 1 mile to the intersection of County Route J26 on 170th St; thence East on County Route J26 on 170th St, 2.5 miles to the intersection of County Route L68 on 330th Ave; thence North on L68 on 330th Ave, 2 miles to the intersection of County Route J22 on 150th St; thence West 1 mile and terminating at the intersection of County Route J22 on 150th St and 325th Ave in Section 33, T70N-R41W.

NOW THEREFORE BE IT RESOLVED by the Board of Supervisors of Fremont County that the above-described road be temporarily closed and the detour established as necessary until such time as said construction or reconstruction work has been completed.

Motion to approve made by Hickey.

Approved this 1st day of October, 2013.

ATTEST:        
       
/s/ Joan Kirk      /s/ Bart Bartholomew, Chairman  aye
Fremont County Auditor     /s/ Randy Hickey  aye
                                                                     /s/ Cara Morgan  aye

Motion was made by Hickey authorizing Chairman Bartholomew to sign Federal Aid Agreement with Iowa Department of Transportation for 215th St. Bridge, Proj#BROS-CO36(66)--8J-35. Morgan, aye; Hickey, aye; Bartholomew, aye.

At 9:30 a.m. the Board made some suggestions pertaining to setting up guide lines for the Tourism Board. Morgan suggested drawing names for term limits. Chuck Douglass was recently appointed to a three year term, ending 6/30/2016. Dave Magel 6/30/2015, Edna Eaton 6/30/2014, Carl Priebe 2013, all appointed for three year terms. The Board representative term ends 12/31/2013.

The County Attorney reported that Tourism Funds can be matched with Conservation Funds if they so choose.

At 9:45 a.m. Hickey made a motion to use County Betterment Funds to match City of Tabor’s $5,000 for the next two years, to be used towards the restoration of the Todd House. Morgan, aye; Hickey, aye; Bartholomew, aye.

At 10:00 a.m. the Board discussed using Midwest Construction Consultants as a Consultant (liaison) for the new LEC. Present were Gean Clapper, Nancy Newlon, Kevin Aistrope, Gale Fengel, John Hansen, Mike Adkins and Steve Owen. After several minutes of discussion, Morgan made a motion to hire Midwest Construction as a liaison for the County. Bartholomew, nay, Morgan, aye; Hickey, nay. It was decided Randy Hickey would be appointed as liaison.

At 10:30 a.m. Motion was made by Hickey authorizing Chairman Bartholomew to sign updated Involuntary Admission Agreement for Jennie Edmundson Memorial Hospital. . Morgan, aye; Hickey, aye; Bartholomew, aye.

In other business, payroll and claims for October 4, 2013, were approved.

At 11:15 a.m. there being no further business, Hickey made a motion to adjourn. Morgan, aye; Hickey, aye; Bartholomew, aye.

ATTEST:

Fremont County Auditor                                                                                 Bart Bartholomew, Chairman

October 8, 2013:

At 8:30 a.m. on Tuesday, October 8, 2013, a Department Head meeting was held in the Fremont County Courthouse Boardroom. Present were Bart Bartholomew, Randy Hickey, Cara Morgan, Karen Berry, Kevin Aistrope, Robin Shirley, Judy Crain, Jennifer McAllister, Danny Toma and Joan Kirk. Topics discussed were: Employee parking; LEC; DOT meeting; Property Tax Reform; Loess Hills Alliance; Trees in Courtyard.

The Fremont County Board of Supervisors met in regular session on Tuesday, October 8, 2013, in the Fremont County Courthouse Boardroom, with Bartholomew, Hickey and Morgan present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Minutes of the previous Board session were read and approved. The agenda was approved as posted.

At 9:00 a.m. Motion was made by Morgan to approve the following Resolution 2013-55. Morgan, aye; Hickey, aye; Bartholomew, aye.

RESOLUTION 2013-55

Board Member Bart Bartholomew introduced the following Resolution entitled "RESOLUTION DECLARING AN OFFICIAL INTENT UNDER TREASURY REGULATION 1.150-2 TO ISSUE DEBT TO REIMBURSE THE COUNTY FOR CERTAIN ORIGINAL EXPENDITURES PAID IN CONNECTION WITH SPECIFIED PROJECTS" and moved that it be adopted. Randy Hickey made the motion to adopt, and the roll being called thereon, the vote was as follows:

AYES: Bartholomew, aye; Hickey, aye; Morgan aye;
NAYS:

Whereupon, the Chairperson declared the Resolution duly adopted as follows:

RESOLUTION DECLARING AN OFFICIAL INTENT UNDER TREASURY REGULATION 1.150-2 TO ISSUE DEBT TO REIMBURSE THE COUNTY FOR CERTAIN ORIGINAL EXPENDITURES PAID IN CONNECTION WITH SPECIFIED PROJECTS

WHEREAS, the County anticipates making cash expenditures for the Law Enforcement Facility (hereinafter referred to as "Project"); and

WHEREAS, the County reasonably expects to issue debt to reimburse the costs of the Project; and

WHEREAS, the Board believes it is consistent with the County's budgetary and financial circumstances to issue this declaration of official intent.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF FREMONT COUNTY, STATE OF IOWA:

Section 1. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2.

Section 2. That it is reasonably expected that capital expenditures will be made in respect of the following Project, from time to time and in such amounts as this Board determines to be necessary or desirable under the circumstances then and there existing.

Section 3. That the County reasonably expects to reimburse all or a portion of the following expenditures with the proceeds of bonds, notes or other indebtedness to be issued or incurred by the County in the future.

Section 4. That the total estimated costs of the Project, the maximum principal amount of the bonds, notes or other indebtedness to be issued for the foregoing Project and the estimated dates of completion of the Project are reasonably expected to be as follows:

Project

Fund from which original expenditures are to be Advanced

Total Estimated Cost Amount of Borrowing Anticipated

Estimated Date of Completion

Law Enforcement Facility

01000-09100-441-99

 

$300,000.00

$150,000.00

 

04/01/2014

 

Section 5. That the County reasonably expects to reimburse the above-mentioned Project costs not later than the later of eighteen months after the capital expenditures are paid or eighteen months after the property is placed in service.

Section 6. That this Resolution be maintained by the County Auditor in an Official Intent File maintained in the office of the Auditor and available at all times for public inspection, subject to such revisions as may be necessary.

PASSED AND APPROVED this 8th day of October, 2013.

ATTEST:

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

CERTIFICATE

STATE OF IOWA

COUNTY OF FREMONT

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) SS

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I, the undersigned County Auditor of Fremont County, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the County showing proceedings of the Board of Supervisors, and the same is a true and complete copy of the action taken by the Board with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Board and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Board (a copy of the face sheet of the agenda being attached hereto) pursuant to the local rules of the Board and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective County offices as indicated therein, that no Board vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the County or the right of the individuals named therein as officers to their respective positions.

WITNESS my hand and the seal of the County hereto affixed this 8th day of October, 2013.

                                                                                                                                                                                                                    s/ Joan Kirk County Auditor,
                                                                                                                                                                                                                    Fremont County, State of Iowa

At 9:15 a.m. The Board approved three claims for General Assistance.

At 9:20 a.m. Arnold Emberton, Information Technology, met with the Board requesting approval of a HIPPA Business Agreement with Solutions Inc. Motion was made by Morgan authorizing the Chairman to sign the agreement. Morgan, aye; Hickey, aye; Bartholomew, aye.

At 9:25 a.m. James Burger, Attorney, met with the Board requesting approval of the following resolution. Motion was made by Hickey to approve the following Resolution 2013-56. Morgan, aye; Hickey, aye; Bartholomew, aye.

RESOLUTION: 2013-56

RESOLUTION TO ALLOW COUNTY ATTORNEY TO HIRE

WHEREAS, the Office of the Fremont County Attorney has a personnel vacancy for the position of Paralegal/ Legal Assistant; and WHEREAS, the Fremont County Attorney has completed the interview process and wishes to fill said vacancy;

BE IT RESOLVED BY THE FREMONT COUNTY BOARD OF SUPERVISORS

That Nicholas R. Johnson be hired to fill the open full-time position of Paralegal/Legal Assistant with the Fremont County Attorney at a salary of $35,782.00 per year, with benefits, effective October 21, 2013.

Moved by Morgan.

ATTEST:        
       
/s/ Joan Kirk      /s/ Bart Bartholomew, Chairman  aye
Fremont County Auditor     /s/ Randy Hickey  aye
                                                                     /s/ Cara Morgan  aye

At 9:30 a.m. Danny Toma, Maintenance, met with the Board to present an Engineering Study Contract from Specialized Engineering Solutions for HVAC. Toma is asking approval to proceed with the Engineering Study in order to make a decision on how to move forward. Motion was made by Hickey to approve the contract. Morgan, aye; Hickey, aye; Bartholomew, aye.

At 9:45 a.m. Motion was made by Morgan to approve the Assistance Progress Report from Iowa Homeland Security. Morgan, aye; Hickey, aye; Bartholomew, aye.

At 9:55 a.m. Let the records show Hickey left the meeting.

At 10:00 a.m. Kevin Thorne, DNR, Discuss/Action Wa-Shaw-Tee Road. Thorne discussed with the Board the updates the State has for part of the road from Bluff Road to the cement road in to Wa-Shaw-Tee Road. Thorne said he talked to the county engineer and he said it would cost approximately $80,000. The Board will talk to the county engineer about the project.

In other business, the County Recorder’s Monthly Report was approved.

At 10:25 a.m. there being no further business, Morgan made a motion to adjourn. Morgan, aye; Bartholomew, aye.

ATTEST:

Fremont County Auditor                                                                                Bart Bartholomew, Chairman

October 15, 2013:

The Fremont County Board of Supervisors met in regular session on Tuesday, October 15, 2013, in the Fremont County Courthouse Boardroom, with Bartholomew, Hickey and Morgan present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Minutes of the previous Board session were read and approved. The agenda was approved as posted.

At 9:00 a.m. Dan Davis, Engineer, requesting approval of the following:

Motion was made by Morgan authorizing Chairman to sign Work in ROW permit for Windstream Communications to place 300’ of Telephone Cable along 350th Ave., Riverton Township. Section 35. Hickey, aye; Morgan, aye; Bartholomew, aye.

Motion was made by Morgan authorizing Chairman to sign IDOT payment voucher for HGM on Project #STP-S-CO36(65)--5E-36. Hickey, aye; Morgan, aye; Bartholomew, aye.

Motion was made by Morgan authorizing Chairman to sign IDOT payment voucher for HGM on Project #BROS-CO36(66)--8J-36. Hickey, aye; Morgan, aye; Bartholomew, aye.

At 9:20 a.m. Motion was made by Morgan to approve Class C Native Wine Liquor License for Finders Keepers Antique Mall. Hickey, aye; Morgan, aye; Bartholomew, aye.

At 9:30 a.m. Danny Toma, Maintenance, said he found some 1867 and 1868 Militia Registry records for Fremont County, and would like to see the Fremont County Historical Society have them for display. Morgan suggested he have the county attorney draw up an agreement to allow the records to be displayed at the Historical Society, but the records will still be owned by Fremont County.

At 9:45 a.m. Gean Clapper, met with the Board to discuss using county STP funds for an unfunded portion of Tabor Hwy 275 Project. Clapper said some of the STP funds are provided to help some of the smaller towns, and that is what he is asking for. Hickey said the county is short on STP funds for the county projects, and felt the county would not be able to help fund city street projects.

At 10:00 a.m. Motion was made by Morgan to appoint Danelle Bruce, CPC, as the Fremont County General Assistance Director. Hickey, aye; Morgan, aye; Bartholomew, aye.

At 10:15 a.m. Mike Crecelius, Emergency Management, met with the Board to request the Board consider levying a tax to fund the Emergency Management Budget. A special election would have to be held in order to get taxpayers approval of the tax. Also present was Pat Sheldon. The Board asked Crecelius to get some figures together and meet with them again.

In other business the Sheriff’s Report for August was approved.

In other business, payroll and claims for October 18, 2013, were approved.

At 10:40 a.m. there being no further business, Morgan made a motion to adjourn. Hickey, aye; Morgan, aye; Bartholomew, aye.

ATTEST:

Fremont County Auditor                                                                                Bart Bartholomew, Chairman

October 22, 2013:

The Fremont County Board of Supervisors met in regular session on Tuesday, October 22, 2013, in the Fremont County Courthouse Boardroom, with Bartholomew, Hickey and Morgan present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Minutes of the previous Board session were read and approved. The agenda was approved as posted.

At 9:00 a.m. Dan Davis, Engineer, met with the Board to discuss/approve the following:

Dan Davis, Engineer, requested to go into a closed session. At 9:00 a.m. Morgan made a motion to go into closed session according to Iowa Code 21.5(c) to evaluate the professional competency of an individual whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to that individual’s reputation. Vote – Bartholomew, aye; Hickey, aye; Morgan, aye. Present were Dan Davis, Engineer, Joan Kirk, Auditor, Bart Bartholomew, Randy Hickey and Cara Morgan. At 9:05 a.m. the Board went into closed session. At 9:15 a.m. motion was made by Hickey to go out of closed session. Vote: Bartholomew, aye; Hickey, aye; Morgan, aye. No action was taken.

Let the records show Twila Larson and Nick Johnson joined the meeting.

Motion was made by Hickey authorizing the Chairman to sign Work in ROW Permit for Spiral Communications, LLC for placing fiber optic cable in Sections 22 & 27 Sidney Twp. Morgan, aye; Hickey, aye; Bartholomew, aye.

Motion was made by Hickey authorizing the Chairman to sign Work in ROW Permit for Chat Mobility for placing fiber optic cable in Sections 9, 16, 21, 28 & 33 Green Twp. & Sections 22 & 27 Sidney Twp. Morgan, aye; Hickey, aye; Bartholomew, aye.

Motion was made by Hickey authorizing the Chairman to sign Work in ROW for Chat Mobility for fiber optic cable in Sections 25, 26 & 27, T68, R42 and Sections 29 & 30, T68, R42. Morgan, aye; Hickey, aye; Bartholomew, aye.

Motion was made by Hickey authorizing the Chairman to sign Work in ROW for Chat Mobility for fiber optic cable in Sections 32, 33, & 34, T69, R42. Morgan, aye; Hickey, aye; Bartholomew, aye.

At 9:20 a.m. Danelle Bruce, CPC, met with the Board to discuss filling the vacant General Assistance position. Nancy Henneman was also present. Bruce felt it would be a good idea to have someone within the county fill the position of General Assistance Director. Bruce does not know what the roll of each person will be in the future when the metal health regionalizes in July. Bruce suggested that Henneman may be willing to take over the job. Hickey asked Henneman if she would be willing to take on that position. Henneman said she would. Morgan said she would rescind her motion of October 15th meeting to appoint Danelle Bruce as director. Hickey made a motion to appoint Henneman as General Assistance Director as of November 1st. Morgan, aye; Hickey, aye; Bartholomew, aye.

Bruce was requesting approval of the 2013 Provider Quality Management Self-Assessment. Motion was made by Hickey to approve the Self-Assessment. Morgan, aye; Hickey, aye; Bartholomew, aye.

James Burger, County Attorney, joined the meeting.

At 9:40 a.m. Twila Larson, FREDCO, met with the Board to discuss Hometown Pride Program, saying Fremont County did qualify as one of the five communities in the state for the program. This is a five year program that will provide a Community Coach that will focus solely on improving each community in Fremont County.

At 9:55 a.m. Motion was made by Hickey to approve a resolution ordering the Treasurer to suspend taxes pursuant to Iowa Code Section 427.9 in regards to a notification received from the Department of Human Services. Morgan, aye; Hickey, aye; Bartholomew, aye.

At 10:00 a.m. Motion was made by Morgan to approve Class B & Sunday Sales Liquor License for The Welcome Center. Morgan, aye; Hickey, aye; Bartholomew, aye.

At 10:05 a.m. Motion was made by Hickey authorizing the Chairman to sign an Engagement Agreement pertaining to General Obligations Bonds for LEC. Morgan, aye; Hickey, aye; Bartholomew, aye.

Let the records show Kevin Aistrope joined the meeting.

At 10:10 a.m. Joan Kirk, Auditor, met with the Board requesting approval of a TIF Levy Authority Summary to be provided to Department of Management. Motion was made by Morgan to approve the TIF Summary. Morgan, aye; Hickey, aye; Bartholomew, aye.

At 10:15 a.m. Steve Riley, Prochaska & Associates, met with the Board for a Design Development Review. Present with Prochaska was Gary Watkins, Michael Hromanik and Scott Lundberg. Also present was Steve Owen with the Sheriff’s Office.

At 10:55 a.m. Motion was made by Hickey to approve signing a Purchase Agreement for the purchase of Real Estate for the LEC project. Morgan, aye; Hickey, aye; Bartholomew, aye.

In other business the Sheriff’s Report for the month of September was approved.

At 11:12 a.m. there being no further business, Hickey made a motion to adjourn. Morgan, aye; Hickey, aye; Bartholomew, aye.

ATTEST:

Fremont County Auditor                                                                                Bart Bartholomew, Chairman

October 28, 2013:

The Fremont County Board of Supervisors met in regular session on Monday, October 28, 2013, in the Fremont County Courthouse Boardroom, with 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 Bartholomew was not present for this meeting.

At 9:00 a.m. The Fremont County Recorder has shown interest in keeping the Militia Registry in her office rather than turning them over to the Historical Society.  McAllister feels the people she serves in genealogy would benefit from the records being kept in her office.  Also present was Danny Toma.  Motion was made by Morgan to keep the Militia Records in the courthouse.  Morgan, aye; Hickey, aye.   

At 9:15 a.m. Lee Ryherd, Assistant to the Engineer, met with the board requesting to go into a closed session.  At 9:15 a.m. Morgan made a motion to go into closed session according to Iowa Code 21.5(c) to evaluate the professional competency of an individual whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to that individual’s reputation.  Vote – Hickey, aye; Morgan, aye.  Present were Lee Ryherd, Assistant to the Engineer, Joan Kirk, Auditor, Randy Hickey, and Cara Morgan.  At 9:15 a.m. the Board went into closed session.  At 9:30 a.m. motion was made by Morgan to go out of closed session.  Vote:  Hickey, aye; Morgan, aye.  No action was taken.

At 9:30 a.m. Veteran’s Affairs Board did not come to this meeting. 

In other business, payroll and claims for November 1, 2013, were approved.

At 10:40 a.m. there being no further business, Morgan made a motion to adjourn.  Hickey, aye; Morgan, aye.

ATTEST:

Fremont County Auditor                                                                                Bart Bartholomew, Chairman

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