April 4, 2002:

The Fremont County Board of Supervisors met in regular session on Thursday, April 4, 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 meeting in Atlantic with SWIPCO.

At 9:00 a.m. the Board discussed a part of the roof at County Acres Care that is in need of new roof. Randy Wirth presented a cost of $12,986.00 for the job. Motion was made by Whipple to have Randy Wirth roof the north and west slope of the north wing for $12,986.00. Motion carried unanimously.

At 9:30 a.m. Jim Owens met with the Board. Motion was made by Whipple to authorize Vice-Chairman Hickey to sign two easements for public right of way for Fremont County Project L-6-14-1, the first one between Fremont County and Schaaf Family Farms for a permanent easement of 0.10 acres and a temporary easement of 0.26 acres and the second one for Marilynn Gee for a permanent easement of 0.04 acres and a temporary easement of 0.10 acres. Motion carried unanimously.

At 10:00 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 matters where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. Vote Whipple, aye; Hickey, aye. Present were Attorney Bruce Green, Frank Miller, John E. Whipple, Keith Hickey and Auditor Lucille Hunt. At 10:02 a.m. the Board went into closed session. At 11:35 a.m. motion was made by Whipple to go out of closed session. Vote: Whipple, aye; Hickey, aye. No action was taken.

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

ATTEST:

Fremont County Auditor                     Keith Hickey, Vice-Chairman

April 16, 2002:

The Fremont County Board of Supervisors met in regular session on Tuesday, April 16, 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. 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.

Payroll for April 19, 2002 and the following claims were approved.

Hickey left to attend a Waubonsie Mental Health Meeting in Clarinda and Whipple left to attend a Loess Hills Alliance Meeting in Council Bluffs.

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

ATTEST:

Fremont County Auditor                     David Aistrope, Chairman

April 18, 2002:

The Fremont County Board of Supervisors met in regular session on Thursday, April 18, 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. 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.

At 9:00 a.m. motion was made by Whipple, seconded by Hickey, carrying unanimously, to approve the following resolution.

RESOLUTION: BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 18th day of April, 2002, that the following order for destruction of noxious weeds be effective immediately.

1. That each owner and each person in the possession or control of any land in Fremont County shall cut, burn, spray, or otherwise destroy all noxious weeds thereon and shall prevent weed seeds from blooming or coming to maturity, and shall keep said lands free from such growth of any other weeds as shall render the streets or highways adjoining said land unsafe for public travel.

Noxious weeds shall be cut, burned, sprayed, or otherwise destroyed on or before the following dates and as often thereafter as is necessary to prevent seed productions:

Group 1: May 20, 2002 for Leafy Spurge, Perennial Peppergrass, Sour Dock, Sheep Sorrow.

Group 2: May 20, 2002 for Canada Thistle, Russian Knapweed, Buckhorn, Wild Mustard, Musk Thistle, and all other species of thistle.

Group 3. June 30, 2002 for Field Bindweed, Wild Carrot.

Group 4. June 30, 2002 for Horse Nettle, Perennial Sow Thistle, Quack Grass, Butter Print, Puncture Vine, Cocklebur, Bull Thistle and Hemp.

Group 5. August 14, 2002 for Shatter Cane and Wild Sunflower.

2. That each owner and person in the possession or control of any lands in Fremont County, infested with any noxious weeds, including Quack Grass, Perennial Sow Thistle, Canada Thistle, Field Bindweed, Horse Nettle, Leafy Spurge, Perennial Peppergrass, Russian Knapweed, Hemp, or any species of Thistle, shall adopt a program of weed destruction described by the Weed Commissioner, which in five years may be expected to destroy and will immediately keep under control such infestations of said noxious weeds.

3. That if the owners or persons in possession/control of any land in Fremont County fail to comply with the foregoing order, the Weed Commissioner shall cause this to be done and the expense of said work, including costs of serving notice and other costs, if any, to be assessed against the land and the owners thereof.

ATTEST:

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

At 9:30 a.m. Tracey Vanatta met with the Board in regards to modifying the funds for Home Health.

At 10:00 a.m. County Engineer Dan Davis met with the Board. Jerry Barton was present. Bids were opened for Project L-6-14-1, to construct a box culvert in Section 14, T69N-R41W. Bids received were: $72,746.82 from Barton Construction Co. Inc., Corning, IA; $71,422.80 from Glen Jordan Construction, Inc., Casey, IA. Motion was made by Hickey to accept the apparent low bid of $71,422.80 from Glen Jordan Construction. Motion was seconded by Whipple and carried unanimously. County Engineer Dan Davis said he will check all figures to made sure everything is accurate.

Motion was made by Whipple to authorize Chairman Aistrope to sign a payment voucher to HGM Associates, Inc. for BROS-CO36(31)-5F-36. Motion was seconded by Hickey and carried unanimously.

Motion was made by Hickey to authorize Chairman Aistrope to approve a Contractors Bond for L-16-22-3 for Barton Construction Co. Inc., seconded by Whipple and carried unanimously.

Motion was made by Hickey to authorize Chairman Aistrope to sign an application for approval of underground construction on county highway right of way for applicant Iowa Telecommunications Services, Inc. for underground construction of copper telephone cable on 223rd Street, on County Road J-34, 3 miles north from Riverton. Motion was seconded by Whipple and carried unanimously.

The Board prepared a memo to be sent to all departments in regard to changing the Wellmark Blue Cross and Blue Shield policy to Plan 5 and to inform them of informational meetings being held on May 29, 2002 in the Courtroom at 11:00 a.m. and 1:00 p.m. with Wellmark representative Judy Doke.

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

ATTEST:

Fremont County Auditor                     David Aistrope, Chairman

April 23, 2002:

The Fremont County Board of Supervisors met in regular session on Tuesday, April 23, 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. 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.

At 9:30 a.m. Tom Bouska telephoned the Board in regards to Fremont County inventory at the DHS office. He asked if Fremont County would move the files and file cabinets to the Mills County site. The Board responded that they felt all Fremont County inventory should stay in Fremont County and DHS could move the files as they wished.

At 10:00 a.m. a public hearing on the designation of an urban renewal area, a proposed urban renewal plan and project, and the approval of a development agreement. Chairman Aistrope presided with all Board members present. The Board investigated and found that notice of the intention of the Board to conduct a public hearing on the designation of the Waubonsie Ridge Urban Renewal Area, on an urban renewal plan and project, and on a Development Agreement between the County and the GMNW Investments, LLC had been published according to law and as directed by the Board and that this is the time and place at which the Board shall receive oral or written objections from any resident or property owner of the County. All written objections, statements and evidence heretofore filed were reported to the Board and all oral objections, statements and all other exhibits presented were considered. The following named persons presented oral objections, statements or evidence as summarized below; filed written objections or statements, copies of which are attached hereto; or presented other exhibits, copies of which are attached hereto: C. N. Heaton opposed the plan. Heaton voiced his objection and said the basic thing for his objection was rebating money back to the developer. Bobbie Mather was present and he asked questions in regards to the plan. The TIF increment in the urban renewal area will not affect the buyer in any way. The increment is the difference between land being currently taxed (base value) and the constructed value. The taxes on the increment would be split with 62.26% of the amount rebated to the developer as a financial incentive for infrastructure improvements and other development related costs not to exceed $300,000. If the $300,000 is paid before ten years, the rebate ceases. 37.74% of the increment amount would be set aside annually for low and moderate income housing activities in the county. The 37.74% low and moderate-income requirement applies to infrastructure costs, which are directly attributable to residential development. USDA and state money for low and moderate-income housing is gone. This would be a way to continue programs for low and moderate- income housing development with the 37.74% of the increment. After continued discussion Mather said he did not oppose the plan. Cory Gordon was present representing the developer. Gordon said she wants to promote the county and the developer is trying to boost revenue in the county by increasing population and valuation in the county. She said the 37.74% set aside funds would promote the building of houses for low and moderate income housing elsewhere in the county. The opinions from the Zoning Commission members varied as two members were for the plan, two opposed the plan and two were not sure either way. After hearing and reading the comments, the Board of Supervisors said they need a report from the Zoning Commission stating that the Urban Renewal Plan is or is not consistent with the development plan of the County. They would like a joint meeting with the Zoning Commission or until the Zoning Commission submits this report. Motion was made by Whipple to continue the hearing until 10:00 a.m. on May 21, 2002, and table the decision until that time. Motion was seconded by Hickey and carried unanimously.

At 11:00 a.m. County Engineer Dan Davis met with the Board. Motion was made by Hickey to authorize Chairman Aistrope to sign two payment vouchers to Kirkham, Michael and Associates, Inc., for FM-CO36(25)55-36 and for FM-CO36(29)55-36. Motion was seconded by Whipple and carried unanimously. Motion was made by Whipple to authorize Chairman Aistrope to sign an application for approval of underground construction on county highway right of way for Page I Rural Water District for a blanket permit of underground construction for rural water project No. 4236.500. Motion was seconded by Hickey and carried unanimously. Motion was made by Whipple to authorize Chairman Aistrope to sign ROW use permit for applicant David Hankins for digging out road ditches to drain to pasture ditch in Fisher Township, Section 32, T68N, R40 W. Motion was seconded by Hickey and carried unanimously.

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, construction work is beginning on route J34 (Knox Road) in Sidney Township. This road will require temporary closing from near the intersection of 270th Avenue in Section 33, T69N-R42W, thence easterly 1.4 miles to the Intersection of Iowa Highway 2/275 in the Town of Sidney, and

WHEREAS, the detour route shall begin at the intersection of Bluff Road (L44) and Knox Road (J34) in Section 7, T68N-R42W; thence South on Bluff Road (L44) 3.5 miles to the intersection of Iowa Highway 2 in Section 30, T68N-R42W; thence East on Highway 2, 3.0 miles to the intersection of Highway 275 in Section 22, T68N-R42W; thence North 4.0 miles on Highway 2/275 to the intersection of Foote Street in the Town of Sidney and terminating at that point.

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 Whipple, seconded by Hickey.

Approved this 23rd day of April 2002.

ATTEST:

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

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                     David Aistrope, Chairman

April 25, 2002:

The Fremont County Board of Supervisors met in regular session on Thursday, April 25, 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. 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.

Sandy Supernaw and Mark Eischeid were on the agenda at 9:30 a.m. in regards to a tube in front of her store in Riverton but they did not come to the meeting.

ATTEST:

Fremont County Auditor                    David Aistrope, Chairman

April 30, 2002:

The Fremont County Board of Supervisors met in regular session on Tuesday, April 30, 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. 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.

At 10:00 a.m. County Sanitarian Gary Moles met with the Board in regards to an ordinance or resolution to insure that proposed wells are not in a protected groundwater source area as defined by the Iowa Department of Natural Resources. These directives are from the DNR. Gary Moles will work on a resolution or an ordinance. Janeth Winkler was present.

At 10:30 a.m. Jerry Scharp met with the Board in regards to property in Hamburg that the Board of Supervisors are holding tax sale certificates. Mr. Scharp presented bids for four parcels. The Board will follow the procedure to assign tax sale certificates.

The following handwritten warrant was approved. General Basic Fund: US Postal Service, 5000,00.

Payroll and claims for May 3, 2002 were approved. Claim numbers 20282, 20289 and 20290 were not approved.

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

ATTEST:

Fremont County Auditor                     David Aistrope, Chairman

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