The Cherokee County Board of Supervisors met in regular session on Tuesday, May 23, 2023 with Rick Mongan, Bryan Petersen, Duane Mummert, Cheryl Ellis and Dave Skou present.  Erin Rydgren, Chronicle Times, represented the press.  Gary Lundquist, Steve Zarr, Mike Moller, Darrell Downs, Kenny Schlenger, Tim Lockwood, Kelly Puhrmann, Sarah Tracy, Chad Brown, Ronald Wetherell, Kyle Basten, Michael Richards, Justin Pritts, Stu Hogg, Laura Jones and Nick Livermore were also in attendance.  Unless otherwise indicated, all votes were offered as follows:  Ayes – Ellis, Skou, Mummert, Petersen, Mongan; Nayes – none; Abstentions – one.

Chairman Mongan called the meeting to order at 9:00 a.m. and led the Pledge of Allegiance.
Motion by Mummert, seconded by Skou to approve an amended agenda to include a presentation by the Aurelia Fire Department. Motion carried.
Motion by Skou, seconded by Ellis to approve the minutes of the previous meeting. Motion carried.
Motion by Petersen, seconded by Mummert to approve the claims for payment as presented. Motion carried. A complete listing is available for review in the County Auditor’s office and online.
Claims Approved May 23, 2023:
Alliant Energy
Serv 216.76
Alpha Wireless Communications
Serv 281.20
Aurelia Municipal Utility
Serv 95.79
Robert Berger
Travel Reimb 86.00
Bob Barker Company Inc.
Supp 1,588.15
Bomgaars
Supp 89.03
Carroll Construction Supply
Parts 570.79
Central Bank
Supp 1,659.37
Champion Electric, Inc
Serv 193.14
Chase Card Services
Supp 306.12
Cherokee County Sheriff
Fees 32.00
Cherokee State Bank
Flex/Self Fund 945.80
Cherokee Main Street Pharmacy
Medication 14.51
Cherokee Regional Medical Ctr
Health Serv 1,301.00
Cherokee Chronicle Times
Serv 481.92
Cintas
Supp 76.04
City of Cherokee
Serv 239.95
CJ Cooper & Associates
Serv 55.00
CML Telephone Coop
Serv 72.13
Cole Papers Inc
Supp 2,198.32
Continental Fire Sprinkler Co.
Serv 295.00
Country Tire & Service, Inc.
Serv 4,578.36
Crittenton Center
Shelter 1,399.50
Dearborn Life Insurance Co
Life Ins 978.21
Brian Denery
Per Diem 50.00
Denny’s Heating A/C & Plumbing
Serv 126.00
Joseph W Draper
Travel Reimb 82.50
Don Drefke
Per Diem 50.00
Electronic Services System
Serv 1,586.25
Dave Ellis
Per Diem 50.00
First National Bank of Omaha
Supp 16.04
Don Fiser
Per Diem 125.00
Frontier
Serv 129.95
GeoComm,Inc.
Serv 3,974.00
Gordon Flesch Company
Serv 140.65
GovConnection, Inc.
Supp 757.87
Graham Tire Storm Lake
Parts 1,296.00
Graves Construction Co., Inc
Construction 97,110.65
GreatAmerica Financial Svcs
Serv 73.00
Growmark FS
Fuel 2,943.84
Hallett Materials
Gravel 35.60
Holzhauer Ford Cherokee, Inc.
Vehicle 42,720.00
Holzhauer Motors LTD
Serv 131.00
Hy-Vee Inc.
Supp 136.33
IACCVSO
Dues 50.00
IA County Attorneys Case Mgmt
Fee 10,900.00
Iowa Lakes Electric Coop
Serv 1,136.00
IA Lakes Regional Water
Serv 65.74
Iowa Prison Industries
Parts 552.98
Iowa Secretary of State
Fee 423.15
Iowa State University
Conf Reg 250.00
ISCTA
Fee 80.00
Jacks Uniforms & Equipment
Clothing 1,501.28
Janitor’s Closet, Ltd
Supp 74.38
Julius Cleaners
Serv 37.00
KCHE
Ads 50.00
Klass Law Firm, LLP
Serv 726.10
Thomas J Kohn
Mileage 38.00
Marco
Serv 303.15
Marcus Community Fair
Fee 25.00
Martin Marietta Materials
Supp 1,390.16
Matheson Tri-Gas Inc.
Supp 352.95
Beau J Menke
Safety 55.00
Metal Culverts
Pipes 25,432.20
Mid American Energ
Serv 100.48
Midwest Alarm Company, Inc.
Serv 1,003.42
Midwest Wheel Companies
Parts 231.63
Wane A Miller
Per Diem 50.00
Modern Heating & Cooling, Inc
Serv 293.26
Monona County Sheriff
Fees 91.44
Motor Parts Sales
Parts 674.80
Murphy Tractor & Equipment Co
Parts 1,848.62
Northside Tire
Serv 120.66
O’Halloran International
Part 584.07
Gary Olsen
Per Diems 450.00
One Office Solution
Supp 223.95
P&P Honey and Bee Supply, Inc
Supp 210.00
Michelle K. Pedersen
Per Diem 50.00
PJ Greufe & Associates
Serv 1,500.00
Plymouth County Sheriff
Fees 130.87
Pocahontas County Sheriff
Fees 31.50
Prestox
Serv 166.11
Quadient Leasing USA, Inc.
Serv 2,217.00
Rees Mack Sales & Service
Parts 82.32
Revize LLC
Serv 1,975.00
Jean Rupp
Per Diem/Mi 479.10
Jean L Sassman Nicols
Fees 82.25
Chuck Schany
Rent 80.00
SHI International Corp
Supp 394.00
Shield Technology Corporation
Software 5,152.50
SIMPCO
HazMat Pymt 5,829.00
Debie A Stevenson
Travel Reimb 62.00
The Storm Lake Times
Publ 481.14
Thermo King Christensen
Serv 442.81
Titan Machinery
Parts 3,693.55
Truck Center Companies
Parts 1,406.70
U.S. Postal Service CMRS-PO
Postage 1,000.00
Verizon Wireless
Serv 381.51
Visual Edge
Serv 30.83
Wellmark BCBS of Iowa
Insurance 101,116.35
WesTel Systems
Serv 405.59
WHKS & Co
Serv 4,309.50
Wiese Oil & Supply
Fuel 2,850.83
David Wilberding
Per Diems 450.00
Winther Stave & Co LLP
Serv 2,000.00
Woodbury County Sheriff
Fees 38.00
Ziegler Inc
Supp 2,100.28
360 Custom Designs
Serv 763.55
Grand Total $358,316.48

There were no comments from the public.

Steve Zarr, Survey Engineering Technician, presented utility permits for consideration.
Motion by Skou, seconded by Mummert to approve an underground construction on county right of way application for Telcom in Section 14 of Cherokee Township. Motion carried.
Motion by Petersen, seconded by Skou to approve an underground construction on county right of way application for Osceola Rural Water in Section 3 of Spring Township. Motion carried.
Motion by Skou, seconded by Ellis to approve an underground construction on county right of way application for Iowa Lakes Regional Water in Sections 10 and 15 of Spring Township. Motion carried.
Kenny Schlenger, Roads Superintendent, discussed quotes he had received for a new loader.
Motion by Mummert, seconded by Petersen to authorize Schlenger to sell a 1995 John Deere loader on Purple Wave; purchase a new John Deere loader from Murphy Tractor and purchase grapples for the new loader. Motion carried.
Sarah Tracy, County Engineer, discussed the county’s RAGBRAI vendor permit and reported on current construction projects.
At 9:15 a.m., a motion was offered by Mummert and seconded by Skou to open a public hearing for the proposed Lease of County Owned Real Estate Property. Roll call vote: Ellis-aye, Skou-aye, Petersen-aye, Mummert-aye, Mongan-aye. Motion carried. Chairman Mongan asked for comments from the public.
Hearing no comments from the public and having received no written comments, a motion was made by Skou, seconded by Ellis to close the public hearing. Roll call vote: Ellis-aye, Skou-aye, Petersen-aye, Mummert-aye, Mongan-aye. Motion carried.
Chairman Mongan announced that three sealed bids had been received. Mongan opened the sealed bids:

1. Michael Fuhrman – $2,660.00 ($140.66 per acre)
2. Mike Mummert – $285 per acre ($5,389.35)
3. Doug Stowater – $195 per acre ($3,687.45)
   Motion by Petersen, seconded by Ellis to approve Resolution #2023-14 To Lease Real Property “WHEREAS, the Cherokee County Board of Supervisors, Cherokee County, Iowa, has resolved to lease the following public property for one (1) year:
   A parcel of land described as being a part of the Southeast Quarter of the Northwest Quarter (SE ¼ NW ¼) and a part of the Northeast Quarter of the Southwest Quarter (NE ¼ SW ¼) both in Section thirty (30), Township Ninety-three (93) North, Range Thirty-nine (39) West of the 5th P.M., Cherokee County, Iowa, further described as follows:
   Beginning at the Northeast corner of the Southeast ¼ of the Northwest ¼ of said Section 30; thence South 00°08’20” West on the East line of the Southeast ¼ of the Northwest ¼ of said Section 30, a distance of 1321.55 feet to the Southeast corner of the Northwest ¼ of said Section 30, also being a point on the Centerline of a Local County Road; thence South 35°03’54” West on said Centerline, a distance of 379.63 feet to the point of curvature of tangent curve, concave to the Northwest, having a radius of 2399.50 feet and a central angle of 11°28’34”; thence Southwesterly along said curve and said Centerline, a distance of 480.61 feet; thence North 00°08’20” East, a distance 2001.36 feet to a point on the North line of the Southeast ¼ of the Northwest ¼ of said Section 30; thence South 89°21”53” East on said North line, a distance of 530.02 feet to the Point of Beginning; said described Parcel A contains a total of 20.51 acres, inclusive of a Public Roadway Easement of 0.66 acres. Said Parcel A is also subject to any and all other Easements of Record.
   For the purpose of this Survey, the East line of the Southeast ¼ of the Northwest ¼ of said Section 30 is assumed to bear South 00°08”20” West.
   WHEREAS, public notice has been provided per Iowa Code 331.305 and 331.361 notifying the public of the intent to lease said public property and requesting bids on the same.
   WHEREAS, this being the time and place of said public hearing and the submitted bids being reviewed, it is hereby resolved that the property be leased to the highest bidder, Mike Mummert, for the sum of $5,389.35.
   WHEREAS, Cherokee County Board of Supervisors do hereby resolve to lease the above described real property to Mike Mummert.”
   Roll call vote: Ellis-aye, Skou-aye, Petersen-aye, Mongan-aye. Mummert abstained. Motion carried and resolution adopted.
   Hedgie Brandt, County Treasurer, and Cindy Nelson, Deputy Treasurer, provided a detailed listing of eight properties with county held tax sale certificates. After discussing the process of getting delinquent properties back on the tax roll, the supervisors asked the treasurer to work with the county attorney to see if something can be worked out with each of the cities where the parcels are located.
   Sarah Tracy, County Engineer, provided an update on the F Avenue project. Designs are 99% complete and Beck Engineering has provided updated plats so right of way negotiations with adjoining landowners can begin. All utility companies have been contacted with relocation of the Northern Natural Gas line being a complex situation. Appraisers will be contacted to begin the right of way process.
   Chad Brown inquired if any action has been taken on county property currently leased to the Little Sioux Wildlife Association (LSWA) since the lease was terminated effective May 31, 2023. Chairman Mongan reported that a committee has been meeting for the purpose of finding a solution that is agreeable to both the LSWA and County Conservation Board. Brown referred to a letter received from the Attorney General which determined that the county owned land should be classified as recreational use. According to Brown, the Code of Iowa requires that county owned land classified as recreational use shall be managed by the County Conservation Board. County Attorney Kolpin confirmed that correspondence received from the Attorney General concluded that based on current use of the property, it should be classified as recreational use; however, that is not the only option for the county supervisors. The supervisors should consider what action would be in the best interest of the public; whether it be to classify the land as recreational use, dispose of the real estate by offering it to the highest bidder or retain the property for other county purposes. Brown added that it would be a disservice to the public to sell that property instead of maintaining it for public recreational use. After a lengthy conversation, a motion was offered by Ellis and seconded by Petersen to classify the property as recreational use and transfer management of the land to the Cherokee County Conservation Board. After further discussion and upon guidance from County Attorney Kolpin, Ellis rescinded the previous motion. An agenda item will be added to the June 13, 2023 board meeting to provide sufficient notice to any members of the public who may be interested in the supervisors’ deliberations on this topic.
   Dustin Weiland, Aurelia Fire Department, provided an update on the proposed new building project and asked for financial support from the supervisors. The request will be taken under consideration for the 2023/2024 budget year.
   Motion by Mummert, seconded by Skou to approve a separation of employment and $255.00 final payout of hours worked for Kyle Leeds, Secondary Roads Seasonal Laborer, effective May 10, 2023. Motion carried.
   Motion by Ellis, seconded by Petersen to accept Melvin Reinert’s resignation from the Silver Township Clerk position. Motion carried.
   Motion by Ellis, seconded by Mummert to appoint Amy Glienke as Silver Township Clerk with a term ending December 31, 2024. Motion carried.
   Motion by Mummert, seconded by Petersen to approve an engagement letter with Hunzelman, Putzier & Co., PLC for audit preparation of financial statements, depreciation schedule and other supplementary information for the years ending June 30, 2023, 2024 and 2025. Motion carried.
   Motion by Petersen, seconded by Skou to approve an engagement letter with Winther Stave & Co. for audit services in the years ending June 30, 2023, 2024, and 2025. Motion carried.
   Motion by Mummert, seconded by Ellis to approve a proposed 2022/2023 budget amendment for publication and set a public hearing for 9:00 a.m. on June 13, 2023. Motion carried.
   Motion by Ellis, seconded by Petersen to approve a “Cherokee County Provider and Program Participation Agreement” for fiscal year 2024 county funding of covered services provided by the Aurelia Historical Society for the benefit of Cherokee County citizens and individuals. Motion carried.
   Motion by Mummert, seconded by Ellis to approve a “Cherokee County Provider and Program Participation Agreement” for fiscal year 2024 county funding of covered services provided by Cherokee County EMS for the benefit of Cherokee County citizens and individuals. Motion carried.
   Motion by Petersen, seconded by Mummert to approve a “Cherokee County Provider and Program Participation Agreement” for fiscal year 2024 county funding of covered services provided by Marcus Ambulance Services for the benefit of Cherokee County citizens and individuals. Motion carried.
   The supervisors provided committee reports and reviewed meeting schedules.
   There being no further business, Chairman Mongan called for a motion to adjourn the meeting.
   Motion by Ellis, seconded by Mummert to adjourn the meeting at 10:40 a.m.
   All board agendas and minutes are available online at www.cherokeecounty.iowa.gov .
   Attest: Kris Glienke, County Auditor
   Rick Mongan, Chairman
   Published in the Marcus News on June 22, 2023