Board of Supervisors Minutes

July 2005

July 5, 2005:

The Fremont County Board of Supervisors met in regular session on Tuesday, July 5, 2005, in the Fremont County Courthouse, Boardroom, with Whipple and Larson present. A quorum was declared and the meeting officially called to order at 9:00 a.m. The agenda was approved as amended.

Let the records show David Aistrope was not present for this meeting.

At 9:00 a.m. Larson made a motion to approve Cigarette/Tobacco Permit for Sapp Bros Truck Stops Inc. Whipple, aye; Larson aye.

At 9:15 a.m. Steve MacDonald, Fremont County Sheriff, visited with the Board to let them know he hired Deborah Jo Weiss as a full time dispatcher. The Sheriff also discussed a salary adjustment for Cole Tackett.

At: 9:30 a.m. agenda appointment with Steve MacDonald concerning part time wages was cancelled.

In other business, claims for July 8, 2005 were approved.

The Board approved the Commission of Veteran Affairs Monthly Report.

ATTEST:

Fremont County Auditor                                                                                 John E. Whipple, Vice-Chairman 

July 7, 2005:

The Fremont County Board of Supervisors met in regular session on Thursday, July 7, 2005, in the Fremont County Courthouse, Boardroom, with Supervisors Aistrope, Whipple and Larson present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Motion was made by Larson to approve the amended agenda. Whipple, aye; Larson, aye; Aistrope, aye. Motion was made by Larson to approve the minutes of the June 30 and July 5 board meetings. Whipple, aye; Larson, aye; Aistrope. aye.

At 9:00 a.m. County Engineer Dan Davis met with the Board. Motion was made by Whipple to approve a utility permit for MidAmerican Energy for underground construction of buried high voltage electric line on east right of way of 310th Ave for 2,400 feet. Larson, aye; Whipple, aye; Aistrope, aye.

Discussion was held in regard to maintenance of the Mather road. Dan Davis said he would look at the 28E Agreement.

Motion was made by Whipple to authorize Chairman Aistrope to sign a contract with Richard E. and Jonelle L. Spiegel for a permanent easement for public right of way, real estate situated in Fremont County, Iowa, designated as Parcel No. 1 of Fremont County Project No. 17-36-3. Larson, aye; Whipple, aye; Aistrope, aye.

Motion was made by Whipple to authorize Chairman Aistrope to sign the final progress voucher for Henningsen Construction for Project FM-CO36(37)--55-36. Larson, aye; Whipple, aye; Aistrope, aye.

Motion was made by Whipple to approve the County Recorder's Report of Fees Collected for June. Larson, aye; Whipple, aye; Aistrope, aye.

Motion was made by Whipple to approve the following claim for a hand-written warrant - General Basic Fund: Fleet Services, Fuel, 2830.79. Larson, aye; Whipple, aye; Aistrope, aye. Payroll for July 8, 2005 was approved.

At 10:50 a.m., there being no further business, motion was made by Larson to adjourn. Whipple, aye; Larson, aye; Aistrope, aye.

Fremont County Auditor                                                                                         David Aistrope, Chairman

July 12, 2005:

The Fremont County Board of Supervisors met in regular session on Tuesday, July 12, 2005, in the Fremont County Courthouse, Boardroom, with Aistrope, Whipple and Larson 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 amended.

The 9:00 a.m. appointment with Fremont County Recorder Margaret Henkle was rescheduled for Thursday July 14, at 9:00 a.m.

At 9:15 a.m. Keith Hickey visited with the Board about some brush obstructing the view of drivers on Plum Creek Road where it comes into Thurman Road. Aistrope said he would report it to the County Engineer.

At 9:30 a.m. Fremont County Engineer Dan Davis met with the Board. Davis recommended Chairman Aistrope sign a Supplemental Agreement with HGM for Additional Preliminary Services on J34 Project. Larson made a motion for Chairman Aistrope to sign the agreement. Whipple, aye; Aistrope, aye; Larson, aye. Aistrope asked Davis to check into the brush on Plum Creek Road that Hickey was concerned about and he said he would.

At 10:43 a.m. Whipple made a motion to adjourn. Larson, aye; Whipple, aye; Aistrope, aye.

 ATTEST:

Fremont County Auditor                                                                                 David Aistrope, Chairman        

July 14, 2005:

At 8:30 a.m. on Thursday, July 14, 2005 a department head meeting was held in the Fremont County Courthouse Boardroom. Present were David Aistrope, John E. Whipple, Chuck Larson, Judy Crain, Art Claiborne, Karen Berry, Margaret Henkle, Ryan Funke and Joan Kirk. Larson reminded everyone about the mock disaster drill that would be taking place on August 3rd. The disaster center will be at the County Engineer's building. Funke talked about improvement plans at the Fremont County Golf Course. Claiborne said there has been a big increase in the number of veterans using the VA Hospital in Omaha and said the veterans seemed happy with the services that were provided.

The Fremont County Board of Supervisors met in regular session on July 14, 2005 in the Fremont County Courthouse, Boardroom, with Aistrope, Whipple and Larson 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. Margaret Henkle, Fremont County Recorder, met with the Board regarding ninety nine obsolete Chattel Mortgage Books and Administrative Code Books. She said if the Board did not have any objections she would have the books destroyed to make more room in the storage area. Henkle said she would check with the Historical Society to see if they would be interested in any of them.

At 9:30 a.m. Gene Eaton on behalf of USDA NRCS Easement Programs Team and Fremont County Soil and Water Conservator District presented a Correction Deed of Conveyance to Fremont County Soil & Water. He also presented an Auditors Certification for their consideration to correct a Warranty Deed executed July 2, 2002 that was of doubtful validity. Larson made the motion that Kirk sign the Auditors Certificate and Aistrope to execute the Warranty Deed. Aistrope, aye; Whipple, aye; Larson, aye. Motion was made by Whipple to approve the following resolution 2005-40. Aistrope, aye; Whipple, aye; Larson, aye.

 RESOLUTION 2005-40

A Resolution Authorizing Chairman to Execute a Corrected Warranty Deed Conveying Parcel B of the East Half Southwest Section 36, Township 69 North, Range 41 West, Fremont County, Iowa (former Sheryl G. Sanders property ) to Fremont County Soil and Water Conservation District.

WHEREAS, it has been brought to the attention of the Board of Supervisors of Fremont County, Iowa that a warranty deed executed by David Aistrope, Chairman of the Fremont County Board of Supervisors pursuant to Board Resolution 2001-59 adopted October 9. 2001, dated July 2, 2002, filed for record July 2, 2002 and recorded in Book 91, page 722, and which purported to convey to Fremont County Soil and Water Conservation District, as an "outdoor classroom" a tract identified and described as follows:

Parcel B of the East Half Southwest Section 36, Township 69 North, Range 41 West, Fremont County, Iowa, said parcel including Parcel A of the East Half Southwest , surveyed October 8, 1998 and additional lands, said parcel being described as follows:

Commencing at the North Quarter Corner of the SW of Section 36, Township 69 North, Range 41, West, Fremont County, Iowa; thence along Quarter Section Line, S88 27 35E 503.82 feet to the Point of Beginning; said point being the Northwest Corner of said Parcel A; thence S01 0025W 1124.98 feet; thence S89 3155W 154.25 feet; thence S00 26 37E 210.65 feet; thence S003105 E 44.20 feet; thence S07 01 25W 78.99 feet; thence S06 29 58E 160.59 feet; thence N80 5049E 261.79 feet; thence N02 2534W 31.65 feet; thence N260146W 159.78 feet to the Southwest Corner of said Parcel A; thence S88 2844E 254.92 feet; thence N010010E 212.01 feet; thence N88 2614W 281.08 feet; thence N010025E 1188.74 feet to Quarter Section Line; thence N882735W 22.01 feet to the Point of beginning.

is deficient because it incorrectly names the grantee as "Fremont County Soil Conservation District" and for the further reason that the deed upon execution was not approved by the Board of Supervisors as required by Section 569.7 of the Iowa Code and;

WHEREAS it is the intention of the Board to put to rest all questions regarding the validity of the recorded deed by authorizing the execution of a new corrective warranty deed by chairman David Aistrope conveying the tract hereinabove identified and described to Fremont County Soil and Water Conservation District and by subsequently approving by yea and nay vote the deed as executed;

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

1) That the Chairman be and he is authorized and directed to execute a warranty deed conveying to Fremont County Soil and Water Conservation District the tract described as follows:

Parcel B of the East Half Southwest Section 36, Township 69 North, Range 41 West, Fremont County, Iowa, said parcel including Parcel A of  the East Half Southwest , surveyed October 8, 1998 and additional lands, said parcel being described as follows:

Commencing at the North Quarter Corner of the SW of Section 36, Township 69 North, Range 41, West, Fremont County, Iowa; thence along Quarter Section Line, S88 27 35E 503.82 feet to the Point of Beginning; said point being the Northwest
Corner of said Parcel A; thence S01 0025W 1124.98 feet; thence S89 3155W 154.25 feet; thence S00 26 37E 210.65 feet; thence S003105 E 44.20 feet; thence S 07 01 25W 78.99 feet; thence S06 29 58E 160.59 feet; thence N80 5049E 261.79 feet; thence N02 2534W 31.65 feet; thence N260146W 159.78 feet to the Southwest     Corner of said Parcel A; thence S88 2844E 254.92 feet; thence N010010E 212.01 feet; thence N88 2614W 281.08 feet; thence N010025E 1188.74 feet to Quarter Section Line; thence N882735W 22.01 feet to the Point of  beginning

said deed having been prepared and presented at this meeting by Attorney Gene Eaton; and

2) That upon execution of the warranty deed by the chairman, same shall be presented to the Board for approval and the approval thereof  endorsed on the deed; and

3) That upon approval of the warranty deed by the Board same be delivered to attorney Gene Eaton to be recorded in the manner provided by law.

 PASSED, APPROVED AND ADOPTED this 14th day of July, 2005.

 Attest:

/s/ Joan Kirk                                                                                 /s/ David Aistrope
Auditor                                                                                         Chairman 

At 10:00 a.m. Larson made a motion to approve the previous request of $5,000.00 funding and the current request of $5,000.00 for the Welcome Center totaling $10,000.00. Aistrope, aye; Whipple, aye; Larson, aye.

In other business, the Board read and approved the Conservation Board Minutes for June 2005.

At 10:15 a.m. Larson made a motion to table the discussion on Public Risk Services until the July 19, 2005 Board meeting. Aistrope, aye; Whipple, aye; Larson, aye.

At 10:20 a.m. Larson made to motion to adjourn. Aistrope, aye; Whipple, aye; Larson, aye.

 ATTEST:

Fremont County Auditor                                                                                 David Aistrope, Chairman            

July 19, 2005:

Fremont County Board of Supervisors met in regular session on Tuesday, July 19, 2005, in the Fremont County Courthouse, Boardroom, with Aistrope, Whipple and Larson 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 9:30 a.m. present were Mike Fox and Ross Silcock. Mike Fox with Fremont County Landfill presented the Board with some figures for a Subtitle D project concerning the landfill. It was Foxs recommendation to accept Subtitle D as a 9 acre 50 year landfill plan. Fox said they have considered raising the landfill fees as of January 2006 to start funding for this project. He said he was open to suggestions on funding. Aistrope suggested they inquire at local banks regarding funding. Larson suggested Fox call Robert Josten with Dorsey & Whitney LLP known for his ability to work with cities and counties on mutual projects. Fox said he is planning on going to city council meetings to make them aware of what is taking place with the landfill.

At 10:05 a.m. Ross Silcock presented a sample resolution regarding Hotel/Motel Tax he would like the Board to adopt. Whipple asked Silcock if the Shenandoah area would participate. Silcock said he would present it to Shenandoah for their consideration after Fremont County adopted it.

At 10:20 a.m. the Board discussed the Public Entity Risk Services recommended changes and decided they would try to expand the commission with secondary roads department into working with the county as a whole. As for the other recommendations, the Board decided to take them under advisement.

In other business, claims and payroll were approved for July 22, 2005.

There being no further business, Larson made a motion to adjourn. Aistrope, aye; Whipple, aye; Larson, aye.

 ATTEST:

Fremont County Auditor                                                                                 David Aistrope, Chairman    

July 21, 2005:

The Fremont County Board of Supervisors met in regular session on Thursday, July 21, 2005, in the Fremont County Courthouse, Boardroom, with Aistrope, Whipple and Larson 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 Whipple to approve the following resolution 2005-41. Aistrope, aye; Whipple, aye; Larson, aye.

RESOLUTION 2005-41

WHEREAS: The Fremont County Economic Development Corporation (FREDCO) is desirous of establishing an ongoing source of funding for its economic development efforts.

WHEREAS: The FREDCO Board of Directors has concluded that a Hotel/Motel Tax of 7% as described in the Code of Iowa is an appropriate method to provide such funding,

WHEREAS: Establishment of a Hotel/Motel Tax is little or no additional burden to the taxpayers of Fremont County,

WHEREAS: FREDCO recognizes that a Hotel/Motel Tax cannot be applied at the same time as an existing Local or School Option Sales Tax and that establishment of a 7% Hotel/Motel Tax would provide funds that will be used to reimburse any Local or School Option Sales Taxes that would be lost by imposition of a Hotel/Motel Tax;

The Fremont County Board of Supervisors hereby resolves as follows

To request the Fremont County Auditor to set an election date for eligible voters to consider establishment of a Hotel/Motel Tax within the jurisdiction of Fremont County.

Motion was made by Whipple.

ATTEST:

/s/ Joan Kirk                                                                                                         /s/ David Aistrope, Chairman       aye
Fremont County Auditor                                                                                     /s/ John E. Whipple                        aye
                                                                                                                              /s/ Chuck Larson                            aye

The following claims were approved for hand written warrants. General Basic Fund: Treasurer State of Iowa, Golf Course Sales Tax, 2,987.33 and Iowa Workforce Development, 2nd quarter unemployment, 639.51.

In other business, the County Treasurer's Semi-Annual Report was approved.

At 9:50 a.m. Tracey Vanatta visited with the Board regarding Statewide Mutual Aid Compact.

At 10:16 a.m., there being no further business, Whipple made a motion to adjourn. Aistrope, aye; Whipple, aye; Larson, aye.

ATTEST:

Fremont County Auditor                                                                                 David Aistrope, Chairman

July 26, 2005:

The Fremont County Board of Supervisors met in regular session on Tuesday, July 26, 2005, in the Fremont County Courthouse, Boardroom, with Aistrope and Whipple present. Larson was attending an Empowerment Conference in Marshalltown. A quorum was declared and the meeting officially called to order at 9:00 a.m. The agenda was approved as amended. Minutes of the previous Board session were read and approved.

At 9:00 a.m. Steve Whitehead met with the Board to discuss improvement recommendations from Public Entity Risk Services regarding sidewalk and stair repairs outside the courthouse. Discussion was held concerning the need and cost for stair repairs around the south courthouse lawn and also continuation of the retaining wall.

At 9:30 a.m. the following resolution was approved.

RESOLUTION # 2005-42

WHEREAS, emergencies and disasters transcend jurisdictional boundaries, making intergovernmental coordination essential in successful emergency response efforts; and

WHEREAS, there will inevitably be emergencies which require immediate access to outside resources due to the fact that few individual governments have all of the resources they may need in every type of emergency; and

WHEREAS, Senate File 2124, approved by the Second Session of the 79th General Assembly in 2002, creates Iowa Code section 29C.22, the Statewide Mutual Aid Compact; and

WHEREAS, the Statewide Mutual Aid Compact allows participating counties, cities and other political subdivisions to provide in advance for mutual assistance in managing any emergency or disaster;

THEREFORE, BE IS RESOLVED BY THE BOARD SUPERVISORS OF FREMONT COUNTY that in order to maximize the prompt, full and effective use of resources of all participating governments in the event of an emergency or disaster, the County hereby adopts the Statewide Mutual Aid Compact which is attached hereto and incorporated by reference.

Motion was made by Whipple.

ATTEST:

/s/ Joan Kirk                                                                                                         /s/ David Aistrope, Chairman       aye
Fremont County Auditor                                                                                     /s/ John E. Whipple                        aye
                                                                                                                              /s/ Chuck Larson                            absent

 At 10:30 a.m. motion was made by Whipple to approve a Cigarette and Tobacco Permit for Sidney Foods.
Whipple, aye; Aistrope, aye.

At 10:35 a.m., there being no further business, motion was made by Whipple to adjourn. Whipple, aye; Aistrope, aye.

ATTEST:

Fremont County Auditor                                                                                             David Aistrope, Chairman

July 28, 2005:

The Fremont County Board of Supervisors met in regular adjourned session on Thursday, July 28, 2005, in the Fremont County Courthouse, Boardroom, with Aistrope and Whipple present. A quorum was declared and the meeting officially called to order at 9:00 a.m. The agenda was approved as posted. Minutes of the previous board session were read and approved.

At 9:00 a.m. Cindy Baker and Jason Baldwin, who both live on Manti Road, met with the Board with concerns about what they feel is a dangerous situation on Manti Road. They stated that there are no speed limit signs posted, people drive at high speeds, some use the road for drag racing, and there have been several accidents on the road. They said that a speed limit of 55 is too high for this road and that it needs patrolling. Whipple said a traffic study would have to be done before the speed limit could be changed. County Engineer Dan Davis arrived at the meeting. He said the road department would put up speed limit signs on both ends of the road. The Board advised them to meet with the Sheriff and County Attorney in regards to patrolling and enforcement.

At 9:30 a.m. County Engineer Dan Davis met with the Board. Motion was made by Whipple to approve a Public Road Right-of-Way Use Permit for Marty Mincer for a lateral for septic tank. Whipple, aye; Aistrope, aye.

At 9:45 a.m. Larson arrived at the meeting. Motion was made by Whipple to approve the following resolution.

RESOLUTION NO. 2005-43

A RESOLUTION PROVIDING FOR A PUBLIC HEARING AND PUBLICATION OF NOTICE IN REGARD TO CONTINUATION OF RETAINING WALL AROUND THE SOUTH LAWN OF THE FREMONT COUNTY COURTHOUSE INCLUDING NEW STAIRS ON THE EAST, SOUTH AND WEST SIDES.

WHEREAS, it has been the recommendation of Public Entity Risk Services that sidewalk and stair repairs be made on the outside of the courthouse to avoid accidents, the Fremont County Board of Supervisors is of the opinion that it is the appropriate time to continue the retaining wall around the south lawn of the courthouse and replace stairs on the east, south and west sides.

THEREFORE, be it resolved that a public hearing on the foregoing proposal shall be held at 10:00 a.m. on the 16th day of August, 2005, in the Boardroom of the Fremont County Courthouse, Sidney, Iowa, and that notice of the hearing shall be published as provided by Iowa Code Section 331.305. The Fremont County Auditor is directed to publish a notice of public hearing in the two official county newspapers at least four days but not more than twenty days before the date of public hearing.

Motion to approve made by Whipple.

Adopted this 28th day of July, 2005.

ATTEST:

/s/ Joan Kirk                                                                                                         /s/ David Aistrope, Chairman       aye
Fremont County Auditor                                                                                     /s/ John E. Whipple                        aye
                                                                                                                              /s/ Chuck Larson                            aye

At 10:00 a.m. motion was made by Whipple to approve the replacement of the refrigerator in the courthouse break room. Larson, aye; Whipple, aye; Aistrope, aye.

At 10:20 a.m., there being no further business, motion was made by Whipple to adjourn.

ATTEST:

Fremont County Auditor                                                                                          David Aistrope, Chairman

July 28, 2005:

The Fremont County Board of Supervisors met in regular adjourned session on Thursday, July 28, 2005, in the Fremont County Courthouse, Boardroom, with Aistrope and Whipple present. A quorum was declared and the meeting officially called to order at 9:00 a.m. The agenda was approved as posted. Minutes of the previous board session were read and approved.

At 9:00 a.m. Cindy Baker and Jason Baldwin, who both live on Manti Road, met with the Board with concerns about what they feel is a dangerous situation on Manti Road. They stated that there are no speed limit signs posted, people drive at high speeds, some use the road for drag racing, and there have been several accidents on the road. They said that a speed limit of 55 is too high for this road and that it needs patrolling. Whipple said a traffic study would have to be done before the speed limit could be changed. County Engineer Dan Davis arrived at the meeting. He said the road department would put up speed limit signs on both ends of the road. The Board advised them to meet with the Sheriff and County Attorney in regards to patrolling and enforcement.

At 9:30 a.m. County Engineer Dan Davis met with the Board. Motion was made by Whipple to approve a Public Road Right-of-Way Use Permit for Marty Mincer for a lateral for septic tank. Whipple, aye; Aistrope, aye.

At 9:45 a.m. Larson arrived at the meeting. Motion was made by Whipple to approve the following resolution.

RESOLUTION NO. 2005-43

A RESOLUTION PROVIDING FOR A PUBLIC HEARING AND PUBLICATION OF NOTICE IN REGARD TO CONTINUATION OF RETAINING WALL AROUND THE SOUTH LAWN OF THE FREMONT COUNTY COURTHOUSE INCLUDING NEW STAIRS ON THE EAST, SOUTH AND WEST SIDES.

WHEREAS, it has been the recommendation of Public Entity Risk Services that sidewalk and stair repairs be made on the outside of the courthouse to avoid accidents, the Fremont County Board of Supervisors is of the opinion that it is the appropriate time to continue the retaining wall around the south lawn of the courthouse and replace stairs on the east, south and west sides.

THEREFORE, be it resolved that a public hearing on the foregoing proposal shall be held at 10:00 a.m. on the 16th day of August, 2005, in the Boardroom of the Fremont County Courthouse, Sidney, Iowa, and that notice of the hearing shall be published as provided by Iowa Code Section 331.305. The Fremont County Auditor is directed to publish a notice of public hearing in the two official county newspapers at least four days but not more than twenty days before the date of public hearing.

Motion to approve made by Whipple.
Adopted this 28th day of July, 2005.

ATTEST:

/s/ Joan Kirk                                                                                                         /s/ David Aistrope, Chairman       aye
Fremont County Auditor                                                                                     /s/ John E. Whipple                        aye
                                                                                                                              /s/ Chuck Larson                            aye

At 10:00 a.m. motion was made by Whipple to approve the replacement of the refrigerator in the courthouse break room. Larson, aye; Whipple, aye; Aistrope, aye.

At 10:20 a.m., there being no further business, motion was made by Whipple to adjourn.

ATTEST:

Fremont County Auditor                                                                             David Aistrope, Chairman

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