Board of Supervisors Minutes

December 2004

December 2, 2004:

There was no regular Board Meeting on Thursday, December 2, 2004 as not enough members could be present to make a quorum.

December 7, 2004:

The Fremont County Board of Supervisors met in regular session on Tuesday, December 7, 2004, in the Fremont County Courthouse, Boardroom, with Hickey and Aistrope 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. motion was made by Aistrope to sign the 2005 County Weed Commissioner's Certification Form for Gene Belknap. Hickey, aye; Aistrope, aye.

At 9:15 a.m. Treasurer Judy Crain met with the Board. The following resolution was approved.

RESOLUTION NO. 2004-79

RESOLUTION ABATING TAXES ON LAND OWNED BY SAM ROBINSON THROUGH COUNTY ASSIGNMENT

WHEREAS, Sam Robinson now owns, as a result of Tax Sale Deeds issued November 8, 2004, certain property in Fremont County, Iowa, described as:

Parcel Number 430430133000000 - S1/2 Lot 1, Block 20 in the original town of Hamburg, Fremont County, Iowa, according to the recorded plat thereof. With back taxes still owed from tax year payable 1986/1987 through tax year payable 2003/2004 in the amount of $25,190.33.

Parcel Number 430430214000000 - Lots 5 & 6, Block 36 in the original town of Hamburg, Fremont County, Iowa, according to the recorded plat thereof. With back taxes still owed from tax year payable 1989/1990 through tax year payable 2003/2004 in the amount of $12,175.01.

Parcel Number 430430458000000 - Lot 7, Block l09 in the original town of Hamburg, Fremont County, Iowa, according to the recorded plat thereof. With back taxes still owed from tax year payable 1993/1994 through tax year payable 2003/2004 in the amount of $1,101.00.

Parcel Number 430430699000000 - Lot 6 Phelps Addt, Block 7, in the original town of Hamburg, Fremont County, Iowa, according to the recorded plat thereof. With back taxes still owed from tax year payable 1993/1994 through tax year payable 2003/2004 in the amount of $728.00.

Parcel Number 430430785000000 - Lots 3 and 4 Phelps Addt, Block 22, in the original town of Hamburg, Fremont County, Iowa, according to the recorded plat thereof. With back taxes still owed from tax year payable 1993/1994 through tax year payable 2003/2004 in the amount of $1,376.01.

THEREFORE it is the recommendation of the Treasurer to abate the above taxes as per Iowa Code Section 445.16.

IT IS HEREBY RESOLVED that the above tax amounts be abated per Iowa Code Section 445.16.

BE IT FURTHER RESOLVED that the Treasurer shall enter such change orders required to abate these taxes.

Dated the 7th day of December, 2004.

Motion made by Aistrope to approve resolution.

ATTEST:

/s/ Joan Kirk                                                                                                 /s/ Keith Hickey, Chairman   aye
Fremont County Auditor                                                                             /s/ David Aistrope                   aye
by June Hardy, Asst. Auditor                                                                     /s/ Chuck Larson                     absent

At 9:30 a.m. discussion was held regarding the contract for a feasibility study on the existing jail. A conference call was made to HMN Architects, Inc. Hickey stated that the Board was not satisfied with the clause stating 'HMN is proposing these services at a reduced fee with the understanding that when the County elects to pursue the jail project, HMN will provide the architectural design services as architect of record'. He said the Board understood the feasibility study would be done at a cost of $2,500 plus reimbursables and that they did not want it in the contract that HMN would be retained to do architectural work. The Board was told that it would be discussed with Steve Davis to see if that clause could be removed. Continued discussion of the feasibility study will be put on the agenda for Thursday, December 9.

At 10:00 a.m. Harold Snyder and Nancy Vanatta of Fremont County Realty met with the Board. Also present was Sheriff Steve MacDonald. Nancy presented a bid in the amount of $225,000 (to include generator and contents of buildings) from Mary Morse Bolton for Country Acres Care. Aistrope said that the asking price for Country Acres Care was $250,000. Motion was made by Aistrope to table the matter until Thursday when a full board would be present and to give the Board time for discussion. Hickey, aye; Aistrope, aye. County Attorney Vicki Danley was present.

At 10:30 a.m. Gary Shrum met with the Board. Motion was made by Aistrope to approve the Notice of Hearing to be held upon a resolution establishing an Area Service "C" road classification in Fremont County. Hickey, aye; Aistrope, aye.

In other business, the Recorder's Report of Fees Collected for November was approved.

Payroll was approved for December 10, 2004.

There being no further business, meeting was adjourned.

ATTEST:

Fremont County Auditor                                                                                 Keith Hickey, Chairman

December 9, 2004:

The Fremont County Board of Supervisors met in regular session on Thursday, December 9, 2004, in the Fremont County Courthouse, Boardroom, with Hickey, Aistrope and Larson 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. Chad Lingenfelter, Schemmer Associates, presented a draft of Comprehensive Plan to the Board. The draft was reviewed and a short discussion followed. The Board should receive a final plan in March or April.

At 9:30 a.m. Sheriff Steve MacDonald spoke with the Board regarding feasibility study on the existing jail. Hickey called for a vote to go ahead with the study. Aistrope, aye; Larson, aye and Hickey aye. Chairman Hickey signed the contract to go ahead with the study.

At 10:00 a.m. Nancy Vanatta and Harold Snyder of Fremont County Realty met with the Board regarding an offer by Mary Bolton of $225,000 to purchase the Country Acres Care Facility. Aistrope made a motion to counter offer $253,000 to include the generator but not including contents of the building; this offer is subject to the Iowa Code and a public hearing. Aistrope, aye; Larson aye and Hickey, nay. Aistrope made a motion to have chairman Hickey sign the counter offer with above stipulations. Larson, aye; Aistrope aye and Hickey aye.

At 10:45 a.m. Gary Shrum, Assistant to County Engineer, presented a permit for work on Crossroads Drive with Atchison-Holt Electric Co-op. Larson made a motion for Hickey to sign. Aistrope, aye; Larson, aye and Hickey, aye. Motion by Aistrope for Chairman Hickey to sign Application for Approval of Underground Construction County Highway Right-of-Way for Iowa Telecommunications Services, Inc. for the construction of copper telephone cable across Bluff Road to 1190 Bluff Road. Hickey aye, Aistrope aye, and Larson aye.

ATTEST:

Fremont County Auditor                                                                             Keith Hickey, Chairman

December 14, 2004:

The Fremont County Board of Supervisors met in regular session on Tuesday, December 14, 2004, in the Fremont County Courthouse, Boardroom, with Hickey, Aistrope and Larson 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 Assessor Karen Berry met with the Board to discuss a homestead exemption being disallowed regarding Karl Hobbie. Karl failed to come to the meeting so the Board will continue to disallow it. Karen also reported to the Board that a military exemption had been disallowed because the incorrect papers were filed with the Recorders Office. Now the correct papers have been filed and the exemption will be allowed next year.

At 9:15 the following resolutions were approved.

RESOLUTION NO. 2004-80

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 14th day of December, that the following transfer of funds be approved and made: $347,142.00 from the Rural Services Basic Fund, share of Rural Services taxes, to the Secondary Road Fund and $40,000.00 property tax relief of local option taxes, from the rural Services Basic Fund to the Secondary Road Fund.

ATTEST:
/s/ Joan Kirk
Fremont County Auditor                                                                                 /s/ Keith Hickey, Chairman    aye
                                                                                                                          /s/ David Aistrope                   aye
                                                                                                                          /s/ Chuck Larson                      aye

RESOLUTION NO. 2004-81

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 14th day December, 2004, that the following transfer of funds be approved and made: $1,852.08 from the TIF Rebate Fund, to the LMI Assistance Fund, as stated in the Waubonsie Ridge Agreement.

ATTEST:
/s/ Joan Kirk
Fremont County Auditor                                                                                 /s/ Keith Hickey, Chairman    aye
                                                                                                                          /s/ David Aistrope                   aye
                                                                                                                          /s/ Chuck Larson                      aye

RESOLUTION NO. 2004-82

BE IT HEREBY RESOLVED BY THE Fremont County Board of Supervisors this 14th day of December, that Patty Eden be appointed as part-time Deputy Recorder as approved in Board session minutes for December 14th, 2004, with commission to expire December 31, 2006 unless sooner revoked or when said deputy ceases to perform said named duties.

ATTEST:
/s/ Joan Kirk
Fremont County Auditor                                                                                 /s/ Keith Hickey, Chairman    aye
                                                                                                                          /s/ David Aistrope                   aye
                                                                                                                          /s/ Chuck Larson                      aye

At 10:00 Harold Snyder and Nancy Vanatta met with the Board regarding Country Acres Care. They had nothing new to report and will be on the agenda for December 16, 2004.

At 10:30 longevity payroll for Road Department was approved.

Claims were approved for December 17, 2004.

ATTEST:

Fremont County Auditor                                                                             Keith Hickey, Chairman

December 16, 2004:

The Fremont County Board of Supervisors met in regular session on Thursday, December 16, 2004, in the Fremont County Courthouse, Boardroom, with Hickey, Aistrope and Larson 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. Betty Whitehead, Auditorís Office, and Vicki Kirkpatrick, Assessor's Office, met with the Board to discuss changing procedure of reporting of wages to Workforce Development. It was decided that the Assessorís office would be included with the county. With the 2006 calendar year the county will change to reporting reimbursable with the expense coming from the department from which the claim is paid. Larson made the motion to approve. Aistrope, aye; Larson, aye; Hickey, aye.

At 10:00 a.m. Harold Snyder met with the Board regarding the sale of Country Acres Care. Because of illness
in the family and the upcoming holidays Mary Bolton has been unable to respond to the current offer.

Steve MacDonald and Vicki Danley stopped in to visit with the Board and presented a copy of the previous jail study from September 22, 1999.

At 10:30 a.m. Fred Dreyer, Mike Gardner, Chuck Brooks, Curtis Brooks, Chuck Holman, Harold Griffey and Peggy Griffey met with County Engineer Dan Davis and the Board regarding a crossing at Mill Creek where a DeBruce truck fell through last spring. Dan said if he can do it with his own crews it may be possible to do it next year but first he will need to do a study on the drainage area and go from there; he said they could expect to hear the results by January or February of next year.

Gene Swearengen stopped in to visit with the Board. David Aistrope advised him to go to the next Board of Health meeting and gave him the meeting date and time.

ATTEST:

Fremont County Auditor                                                                                 Keith Hickey, Chairman

December 21, 2004:

The Fremont County Board of Supervisors met in regular session on Tuesday, December 21, 2004, in the Fremont County Courthouse, Boardroom, with Hickey, Aistrope and Larson 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. County Engineer Dan Davis met with the Board. Motion was made by Aistrope to authorize Chairman Hickey to sign payment vouchers with HGM Associates, Inc. for engineering services to replace bridge on J10 with RCB, Project No. FM-CO36(38)--55-36 and for services to replace bridge on L64 with RCB, Project FMCO36(30)--55-36. Larson, aye; Aistrope, aye; Hickey, aye.

Motion was made by Aistrope to sign plans for Project FM-CO36(40)--55-36 for HMA crack filling at various locations. Larson, aye; Aistrope, aye; Hickey, aye.

Motion was made by Larson to authorize Chairman Hickey to sign agreement with Iowa Department of Transportation for transfer of jurisdiction for portion of Highway 275 bypass. Aistrope, aye; Larson, aye; Hickey, aye.

At 10:00 a.m. Harold Snyder and Nancy Vanatta met with the Board regarding the sale of Country Acres Care. Present were Sheriff Steve MacDonald, CPC Sandie Sillers, Alan Cross of Shenandoah Valley News Today and Trent Nelson of the Nebraska City News-Press. Doug Hobbie also stopped in. Nancy Vanatta stated that Mary Morse Bolten was recountering the Board's counter offer of 253,000 with her previous and final offer of 225,000 to include generator and contents. After discussion, Hickey stated that he was stepping down as Board Chairman and made the motion to accept the offer from Mary Morse Bolten in the amount of 225,000. Discussion followed and Aistrope called for a vote. Hickey, aye; Larson, nay; Aistrope, aye. Motion carried. The meeting was turned back over to Hickey and he stated that they would need to get back to Mary and would publish a notice of public hearing.

At 10:45 a.m. Treasurer Judy Crain met with the Board. The following resolution was approved.

RESOLUTION NO. 2004-83

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 21st day of December, 2004, that Mary Hansen be appointed as Deputy Treasurer as approved in Board session minutes for December 21, 2004, with commission to expire December 31, 2006 unless sooner revoked or when said Deputy ceases to perform said named duties.

Motion made by Aistrope.

ATTEST:
/s/ Joan Kirk
Fremont County Auditor                                                                                 /s/ Keith Hickey, Chairman    aye
                                                                                                                          /s/ David Aistrope                   aye
                                                                                                                          /s/ Chuck Larson                      aye

There being no further business, meeting was adjourned.

ATTEST:

Fremont County Auditor                                                                                 Keith Hickey, Chairman

December 23, 2004:


No Regular Meeting Courthouse Closed

December 28, 2004:

The Fremont County Board of Supervisors met in regular session on Tuesday, December 28, 2004, in the Fremont County Courthouse Boardroom with Supervisors Aistrope, Hickey and Larson 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 9:30 a.m. Craig Marshall with Sidney Fire and Rescue met with the Board regarding a public access defibulator and explained why he felt it would beneficial for the Courthouse to have one on the premises. Marshall said there is currently a grant available until January 24, 2005 that will pay for half the cost and there may be a possibility the city would help with part of the cost. Aistrope made a motion that the county pays for half if the city will pay half. Aistrope, aye; Larson, aye; Hickey, aye.

At 10:00 a.m. County Engineer Dan Davis met with the Board. Motion was made by Aistrope to authorize Chairman Hickey to sign a Resolution for Establishment of Area Service "C" Roads. Aistrope, aye; Larson, aye; Hickey, aye.

RESOLUTION FOR ESTABLISHMENT OF AREA SERVICE "C" ROADS

Fremont County Resolution No. 2004-84

WHEREAS, Fremont County Desires to classify certain roads on the area service system in the County to provide for a minimal level of maintenance and access by means of a gate or barrier; and

WHEREAS, the County, after consultation with the County Engineer, has the authority to specify certain roads within the County as Area Service "C" roads pursuant to Iowa Code Section 309.57; and

WHEREAS, the only persons who will have access rights to the roads shall be:

(1) the owner, lessee, or person in lawful possession of any adjoining land,
(2) the agent or employee of the owner, lessee or person in lawful possession of any adjoining land,
(3) any peace officer,
(4) any magistrate,
(5) any public employee whose duty it is to supervise the use or perform maintenance of the road,
(6) any agent or employee of any utility located upon the road.

WHEREAS, the minimal level of maintenance will be as follows:

1. Blading. Blading or dragging will not be performed on a regular basis.
2. Snow and Ice Removal. Snow and ice will not be removed, nor will the road surface be sanded or salted
on a regular basis.
3. Signing. Except for load limit posting for bridges, signing shall not be continued or provided. 
ALL AREA SERVICE LEVEL C ROADS SHALL BE IDENTIFIED WITH A SIGN AT ALL POINTS OF ACCESS
TO WARN THE PUBLIC OF THE LOWER LEVEL OF MAINTENANCE.
4. Weeds, Brush and Trees. Mowing or spraying weeds, cutting brush and tree removal will not be performed
on a regular basis. Adequate sight distances will not be maintained.
5. Structures. Bridges and culverts may not be maintained to carry legal loads. Upon failure or loss, the
replacement structure will be appropriate for the traffic thereon.
6. Road Surfacing. There will be no surfacing materials applied to Area Service System C Roads on a regular
basis.
7. Shoulders. Shoulders will not be maintained on a regular basis.
8. Crown. A crown will not be maintained on a regular basis.
9. Repairs. There will be no road repair on a regular basis.
10. Uniform Width. Uniform width for the traveled portion of the road will not be maintained.
11. Inspections. Regular inspections will not be conducted.

THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS of Fremont County that this county does hereby establish the road described as an Area Service "C" road, with restricted access and a minimal level of maintenance.

The proposed Area Service "C" road is located along the corporate limits of Sidney, Iowa, in the SE1/4 SE1/4 Section 26, Township 69 North, Range 42 West of the 5th Principal Meridian, more particularly described as follows:

Beginning at the SE Corner of said Section 26, thence West along the South line of said Section 26 approximately 1/4 mile to the SW Corner of the SE1/4 SE1/4 and the terminus. (aka Rupp Road)

Resolution adopted this 28th day of December, 2004.

ATTEST: Fremont County Board of Supervisors
/s/ Joan Kirk

Fremont County Auditor /s/ Keith Hickey
Board of Supervisors Chairperson

At 10:30 a.m. David Aistrope made a motion that the Board sign a Resolution to Sell Country Acres Care. Aistrope, aye; Larson, aye; Hickey, aye.

RESOLUTION NO. 2004-85

A RESOLUTION PROVIDING FOR A PUBLIC HEARING AND PUBLICATION OF A NOTICE TO CONVEY THE FOLLOWING REAL ESTATE OWNED BY FREMONT COUNTY - NAMELY THE PROPERTY KNOWN AS COUNTRY ACRES CARE:

Parcel Number 280280993000000, located in part of the NW1/4 NE1/4 and in part of the NE1/4 NE1/4 of Section 15, Township 68 North, Range 42 West of the 5th Principal Meridian, Fremont County, Iowa. Said parcel contains 5.58 acres, more or less, including presently established county road right-of-way (0.03 ac), and is subject to easement of record, according to the recorded plat thereof.

WHEREAS, The Fremont County Board of Supervisors proposes to accept written counter offer to buy the property known as Country Acres Care--parcel number 280280993000000, located in part of the NW1/4 NE1/4 and in part of the NE1/4 NE1/4 of Section 15, Township 68 North, Range 42 West of the 5th Principal Meridian, Fremont County, Iowa. Said parcel contains 5.58 acres, more or less, including presently established county road right-of-way (0.03 ac), and is subject to easement of record, according to the recorded plat thereof made by Morse Enterprises, Mary Morse-Bolton, President, for the sum of $225,000.00, and includes generator located thereon and all contents. The Board further proposes to pay commission of 6% on the purchase price to Harold Snyder, Broker.

THEREFORE, be it resolved that a public hearing on the foregoing proposal shall be held at 10:00 a.m. on the 6th day of January, 2005, in the Boardroom in the Fremont County Courthouse, Sidney, Iowa, and that the notice of the hearing shall be published as provided by the Iowa Code Section 331.361(2). The Fremont County Auditor is directed to publish a notice of public hearing in the Sidney Argus-Herald once, at least four days but not more than twenty days before the date of the public hearing.

Motion to approve made by Aistrope,

Adopted this 28th day of December, 2004.

ATTEST:
/s/ Joan Kirk
Fremont County Auditor                                                                                 /s/ Keith Hickey, Chairman    aye
                                                                                                                          /s/ David Aistrope                   aye
                                                                                                                          /s/ Chuck Larson                      aye

There being no further business, meeting was adjourned.

ATTEST:

Fremont County Auditor                                                                             Keith Hickey, Chairman

December 30, 2004:

The Fremont County Board of Supervisors met in regular session on Thursday, December 30, 2004, in the County Courthouse Boardroom with Hickey, Aistrope and Larson 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. Gary Shrum, Assistant to County Engineer, met with the Board. The following resolution was approved.

RESOLUTION NO. 2004-86

RESOLUTION TO ACCEPT LOW BID AND AWARD CONSTRUCTION CONTRACT

WHEREAS, the Iowa Department of Transportation held a letting for construction projects on December 21, 2004, and

WHEREAS, bids were received for Farm to Market FM-CO36(37)--55-36, and

NOW THEREFORE BE IT RESOLVED by the Board of Supervisors of Fremont County that the contract be awarded to Henningsen Construction Co., Inc. for the low bid of $664,566.28. The cost of this project shall be paid from Farm to Market funds.

Motion to approve made by Larson.

Approved this 30th day of December, 2004.

ATTEST:
/s/ Joan Kirk
Fremont County Auditor                                                                                 /s/ Keith Hickey, Chairman    aye
                                                                                                                          /s/ David Aistrope                   aye
                                                                                                                          /s/ Chuck Larson                      aye

Gary also presented an Application for Approval of Underground Construction for underground construction of fiber optic cable being buried, starting at intersection of Maple and Foote Street going west on the north side of Knox or J34 for 1/2 mile for applicant Tele-Services Ltd. Motion was made by Aistrope to authorize Chairman Hickey to sign the application. Motion carried. Aistrope, aye; Larson, aye; Hickey, aye.

At 9:30 a.m. Sandie Sillers met with the Board. The following resolution was approved.

RESOLUTION NO. 2004-87

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 30th day of December, 2004,

That

1. Ordinance No. 5-92 as Amended be repealed, and

2. Ordinance No. 5-92 as Amended shall be replaced by Policies and Procedures after public notice.

Motion to approve resolution made by Larson.

ATTEST:
/s/ Joan Kirk
Fremont County Auditor                                                                                 /s/ Keith Hickey, Chairman    
                                                                                                                          /s/ David Aistrope                   
                                                                                                                          /s/ Chuck Larson                       

Sandie also presented for approval an adjusted rate cost report. Aistrope made a motion for Chairman Hickey to sign. Motion carried. Aistrope, aye; Larson, aye; Hickey, aye.

At 10:00 a.m. Randy Roup and Danny Miller, city employees, and Doug Hobbie, Mayor of Sidney, visited with the Board about future plans for the countyís sign shop. Hickey said Dan Davis was in the process of getting it appraised.

At 10:30 a.m. the following resolution was approved.

RESOLUTION NO. 2004-88

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 30th day of December 2004, that the following appointments be approved with the commission to expire December 31, 2008, unless sooner revoked or when said Deputy or Assistant ceases to perform duties: Warren Kevin Aistrope as Deputy Sheriff, Neal L. Songer as Deputy Sheriff, Randall W. Chapman as Deputy Sheriff, Steven Dale Owen as Deputy Sheriff, Randy P. Jones as Deputy Sheriff, Eric V. Blevins as Deputy Sheriff, June Hardy as Assistant Auditor, Betty Whitehead as Assistant Auditor, and Georgene Peeler as Assistant Auditor.

Motion to approve made by Aistrope.

ATTEST:
/s/ Joan Kirk
Fremont County Auditor                                                                                 /s/ Keith Hickey, Chairman    aye
                                                                                                                          /s/ David Aistrope                   aye
                                                                                                                          /s/ Chuck Larson                      aye

There being no further business, meeting adjourned.

ATTEST:

Fremont County Auditor                                                                                 Keith Hickey, Chairman

November 2004        Home        January 2005