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October
Regular Meeting October 24, 2000
The Board of Supervisor met in Session on the above date with the following members present: O’Farrell, Magnusson, Kirkberg, Peterson and Chairperson Martin. Absent none.
Moved by Kirkberg, seconded by Magnusson to approve minutes of meeting October 17, 2000. Motion carried unanimously.
Moved by Magnusson, seconded by O’Farrell to receive and place on file the following Drainage Repairs: D.D.#37, D.D.#189, D.D.#255 and D.D.#348. Motion carried unanimously.
Moved by O’Farrell, seconded by Peterson to receive and place on file Sheriff’s Report of Fee Collected for quarter ending September 30, 2000. (Copy on file in Auditor’s office). Motion carried unanimously.
Moved by Peterson, seconded by Kirkberg to approve full-time employment for Tim Card-Minard, effective November 4, 2000 at the rate of $l0.00 per hour, per recommendation of Sheriff Griggs. Motion carried unanimously.
Moved by Kirkberg, seconded by Magnusson to approve employment of Tony E. Jorgensen, Emergency/Risk Management Commissioner, effective October 18, 2000 at the rate of $27,900. Motion carried unanimously.
Moved by Magnusson, seconded by O’Farrell to adopt the following Resolution for Webster County Hazard Mitigation Planning Funds Application.
WHEREAS, the County of Webster County, Iowa would like to develop or update a hazard mitigation plan and desires to obtain a Planning Grant from the Federal Emergency Management Agency (FEMA).
and
WHEREAS, the County of Webster County, Iowa, recognizes the fact that a planning grant from FEMA is a 75% federal / 25% nonfederal matching source.
and
THEREFORE, the County of Webster County, Iowa, shall form an agreement with the Iowa Emergency Management Division (IEMD) and FEMA as to the date that said 25% shall be available to match the federal funds awarded and agrees to provide $1,952.00 of local monies to be used as matching funds for the approved planning grant as outlined in the grant application. Of this amount, only one half may be provided from in-kind contributions.
This resolution was passed approved the 11th day of October, 2000.
S/Emmett L. Martin
Chairman, Webster County Supervisors
S/Floyd A. Magnusson
S/Dennis O’Farrell
S/Eddie Peterson
S/Jill Kirkberg
Motion carried unanimously.
Moved by O’Farrell, seconded by Peterson to approve and authorize Chair to sign the following Agreement between Webster County and City of Fort Dodge:
AGREEMENT
This agreement is entered into between the Board of Supervisors of Webster County, Iowa, (the Board), and the City of Fort Dodge, (the City), on this 23rd day of October, 2000.
Whereas, the Fort Dodge Fire Department needs a better location for their emergency radio communication equipment and transmitter, and
Whereas, the Board has recently completed construction of a new tower and radio shed, complete with the necessary appliances and equipment for their radio communications by the Sheriff’s Office and the Road Department, therefore the Board and the City hereby agree to the following:
That the City may put their transmitter and antenna on the tower, (for the fire department frequency only), at their own expense and in consideration of the following items:
If the addition of this new equipment causes any problems or interference with the communications equipment of the Sheriff, Road Department, or National Weather Service (all currently in place), the City must pay the full cost of any corrective action necessary to restore full capacity to those adversely affected.
The City hereby agrees to use the services of the same radio technicians company as that chosen by the Board, (currently Prairie Technical Services), and that all work done exclusively on their equipment will be at their own expense.
This agreement will be for a period of Five (5) years and shall be automatically renewing in five year increments, unless written notice is served a minimum of six months prior to that expiration.
Approved:
S/Gail Van Alstine
Attest: S/JoAnn Sandvig
Mayor, City of Ft Dodge
Ft Dodge City Clerk
Date: October 23, 2000
S/Emmett L. Martin
Attest: Carol Messerly
Webster County Board of Supervisors
Webster County Auditor
Date: October 24, 2000
Motion carried unanimously.
Moved by Peterson, seconded by Kirkberg to approve and authorize Chair to sign Change Order number one for Webster County Courthouse Boiler Replacement Project for an emergency shut down switch in the amount of $1,056.00. Motion carried unanimously.
Stephen Hendricks discussed tax assignment of Tax Certificate No. 90058 describe as the Northwest Quarter of the Northwest Quarter of Section 13, Township 87 North, Range 28 West. No action taken.
Moved by Magnusson, seconded by Peterson to approve sale of county shed at Duncombe, Iowa to the Town of Duncombe, sale price of $15,000; and authorize Chair to sign Warrant Deed. Motion carried unanimously.
Moved by Peterson, seconded by Kirkberg to approve and authorize Chair to sign Utility Permit Applications as follows: Manske & Son Excavation for road crossing in Section 1 and 12 Newark Township and Webster-Calhoun Cooperative Telephone Association for direct buried copper cable in Section 7 and 12 Washington Township. (Copies on file in Engineer’s office). Motion carried unanimously.
Moved by Kirkberg, seconded by Magnusson to approve and authorize Chair to sign the following Resolution (to vacate easements that allowed access to former Vincent Maintenance Shop):
RESOLUTION TO VACATE EASEMENTS
AND REVERSION FOR TAXATION
Resolution to vacate the following described parcels of easement for ingress and egress to Webster County, Iowa’s “ Vincent Maintenance Facility” located in the Southwest Quarter of the Northwest Quarter of Section 22, Township 90 North, Range 27 West of the Fifth Principal Meridian, Webster County, Iowa, to wit:
Parcel ‘A’
The South 33.0 feet of the North 400 feet of the South 764.5 feet of the West 550 feet of the Southwest Quarter of the Northeast Quarter ( SW1/4-NE1/4) of Section 22, Township 90 North, Range 27 West of the Fifth Principal Meridian, Webster County, Iowa, containing 0.38 acres, more or less, exclusive of the established highway and street on the West 50 feet thereof.
And also,
Parcel ‘B’
Commencing at the Center of Section 22, Township 90 North, Range 28 West of the Fifth Principal Meridian, Webster County, Iowa; thence North 331.5 feet along the West line of the Northeast Quarter (NE1/4) of said Section 22, to the Point of Beginning; thence continuing North 33.0 feet along said West line; thence South 89o 07’ 40” East 550.0 feet following along the South line of property of Land O’ Lakes, Inc. as described by Warranty Deed filed , under date of July 12, 1974, in Book 150, Page 322, Deed Records of Webster County, Iowa; thence North 88.86 feet along the East line of said Land O’Lakes property to the Southwest Corner of a parcel of land owned by Webster County, Iowa, as described by Warranty Deed filed under date of March 27, 1978, in Book 165, Page 361, Deed Records of Webster County, Iowa; thence South 89o 07’ 40” East 66.0 feet, following along the South line of said Webster County property; thence South 111.86 feet; thence South 82o 14’ 20” West 66.6 feet; thence North 89o 07’ 40” West 550.0 feet to the Point of Beginning containing 0.55 acres, more or less exclusive of the established highway on the West 50.0 feet thereof.
WHEREAS Webster County has closed and dismantled the above mentioned
Maintenance facility, and
WHEREAS Webster County has no further need of access to and from said facility across the above described parcels, and
WHEREAS Vacating said parcels of easement would return same to the county tax roll
Thereby benefiting the general public,
NOW THEREFORE BE IT RESOLVED, the Webster County Board of Supervisors
Hereby vacates the above described parcels.
Attest: S/Carol Messerly
S/Emmett Martin, Chairperson
Webster County Auditor
Webster County Board of Supervisors
Date: October 24, 2000
STATE OF IOWA,
ss
WEBSTER COUNTY
On this 24th day of October A.D., 2000 , before me, a Notary Public in and for said county, personally appeared Emmett Martin , To me personally known, who by me duly sworn did say that he is the Chairperson of the Board of Supervisors of Webster County, Iowa, that the seal affixed to said instrument is the seal of Webster County, Iowa, and that the instrument was signed and sealed on behalf of Webster County, Iowa, by authority of said Board of Supervisors, and the said Emmett Martin acknowledged the execution of said instrument to be the voluntary act and deed of Webster County, Iowa, by it voluntarily executed.
S/Carol Messerly
Notary Public in and for Webster County,
Motion carried unanimously.
Moved by Magnusson, seconded by O’Farrell to approve employment of Brian Johll, Assistant Engineer, at the salary of $37,000, effective on or before December 1, 2000. Motion carried unanimously.
Representatives of Elderbridge Agency on Aging updated the Board on their operations and requested funding in the amount of $13,824.00 for fiscal year 2002 for local match funds. Moved by Kirkberg, seconded by Magnusson to approve fiscal year 2002 funding in the amount of $13,824.00. Motion carried unanimously.
John Eveland, Iowa Central Community College Farm Management Program updated the Board on farm operations and presented the second half rent payment in the amount of $15,625. A report on profits will follow in the near future.
Representative of Hawkeye Wireless discussed a proposal for service which would allow high speed internet access to assist in providing a quality web site for Webster County. No action taken. MIS director Andy McGill will proceed with implementing a two week trial period with Hawkeye Wireless to allow hands on demonstration.
Moved by Kirkberg, seconded by O’Farrell to allow claims. Motion carried unanimously.
Moved and seconded the meeting adjourned.
Webster County Board of Supervisors October 3, 2000
The Board of Supervisor met in Session on the above date with the following members present: O’Farrell, Magnusson, Kirkberg, Peterson and Chairperson Martin. Absent none.
Moved by Kirkberg, seconded by Magnusson to approve minutes of meeting September 26, 2000. Motion carried unanimously.
Moved by Magnusson, seconded by O’Farrell to approve transfer in the amount of $153,350 from Revenue Sharing Fund to General Fund per Fiscal Year 2001 Budget for the Kennedy Park Shelter capital project.
Motion carried unanimously.
Moved by O’Farrell, seconded by Peterson to accept resignation of Larry Altman, correctional officer, effective September 22, 2000 and approve employment of Kim T. Krause, part time correctional officer at the rate of $8.50 per hour, effective October 9, 2000, per recommendation of Sheriff Griggs. Motion carried unanimously.
Moved by Peterson, seconded by Kirkberg to approve and authorize Chair to sign Water Well Grant Application for FY2002, in the amount of $15,000.00. Motion carried unanimously.
Moved by Kirkberg, seconded by Magnusson to approve bond for Donald E. Hicks d/b/a Hicks Well Company, Inc. for well drilling. Motion carried unanimously.
Moved by Magnusson, seconded by O’Farrell to receive and place on file termination of Karen Filloon, Home-care Aide, effective September 28, 2000. Motion carried unanimously.
Moved by O’Farrell, seconded by Peterson to approve and authorize Chair to sign transfer application for Fort Dodge Air National Guard Service Club, Inc. Beer Permit to Ray Laird Farm, for October 14, 2000. Motion carried unanimously.
Moved by Peterson, seconded by Kirkberg to approve and authorize Chair to sign Standard Form of Agreement between Webster County and Moore and Associates, Architect for renovation of Jail Annex. (Copy on file in Auditor’s office). Motion carried unanimously.
Moved by Kirkberg, seconded by Magnusson to receive and place on file North Central Mental Health Center Auditor’s Report and Financial Statements for fiscal year 2000. Motion carried unanimously.
Moved by Magnusson, seconded by O’Farrell to approve and authorize Chair to sign Utility Permit Application for Frontier Communications to plow cable in right of way in sections 19 and 29 Colfax Township. (Copy on file in Engineer’s office). Motion carried unanimously.
Moved and seconded the meeting adjourned.
Regular Meeting October 10, 2000
The Board of Supervisor met in Session on the above date with the following members present: O’Farrell, Magnusson, Kirkberg, Peterson and Chairperson Martin. Absent none.
Moved by Kirkberg, seconded by Magnusson to approve minutes of meeting October 3, 2000. Motion carried unanimously.
Moved by Magnusson, seconded by O’Farrell to receive and place on file the following Drainage Repairs: D.D.#34 and D.D.#117. Motion carried unanimously.
Public hearing was held on the sale of the following real estate properties: Lots One and Two of Block One Maher’s Addition to Badger Incorporated, Webster County, Iowa; and Lots Five, Six, Seven and Eight in Block Eighteen of Second Addition to Duncombe, Incorporated, Webster County, Iowa. No objections were heard. Moved by O’Farrell, seconded by Peterson to close said hearing and authorize County Engineer to prepare sale documents to be approved in the near future. Motion carried unanimously.
Moved by Peterson, seconded by Kirkberg to approve employment of David L. Stone, Building Maintenance, at the rate of $7.00 per hour effective October 3, 2000, per recommendation of Richard A. Holst. Motion carried unanimously.
Moved by Kirkberg, seconded by Magnusson to approve medical leave of absence for Jolene M. Daniels effective October 5, 2000. Motion carried unanimously.
Moved by Magnusson, seconded by O’Farrell to approve and authorize Chair to sign Iowa Department of Natural Resources Quarterly Report for Private Water Well Grant funding, Quarter Ending September 30, 2000. Motion carried unanimously.
Moved by O’Farrell, seconded by Peterson to approve assignment of the following tax sale for the amount of taxes ($123.00) to Duane Smith and Eileen Smith life estate for vacated railroad in the Southwest Quarter of the Southeast Quarter of Section 13, Township 86, Range 29, tax sale certificate #92097, parcel # 00500-0000015001. Motion carried unanimously.
Moved by Peterson, seconded by Kirkberg to receive and place on file Central Iowa Juvenile Detention Center Fiscal Year 2000 Financial and Audit Report. Motion carried unanimously.
Moved by Kirkberg, seconded by Magnusson to receive and place on file quarterly Report of Veteran Affairs Commission for period ending September 30, 2000. Motion carried unanimously.
At 10:15a.m.a Public Hearing to consider amending Zoning Ordinance 024 and the Comprehensive Plan and Future Land Use Map from Agricultural (A-1) to Agricultural (A-2) for a parcel of land in the Northeast Quarter of the Southwest Quarter of Section 9, Township 90 North, Range 29 West of the 5th P.M., Webster County, Iowa. No objections were heard. Lyle Kelley and his family spoke of their need to have this parcel rezoned. Moved by Magnusson, seconded by O’Farrell to approve first consideration of said rezoning and to set 10:30a.m on November 1, 2000 as the time and date for final hearing on the same. Roll call: Ayes – Kirkberg, Magnusson, O’Farrell, Peterson and Martin. Nays – none. Motion carried unanimously.
At 10:30a.m. Public Hearing on the final consideration of Ordinance 031; Ordinance Establishing the Area Service “C” Road Classification in Webster County, Iowa. No objections or comments were heard. Moved by O’Farrell, seconded by Peterson to approve final consideration and adopt the following Ordinance:
WEBSTER COUNTY ORDINANCE #031
AREA SERVICE “C” ROAD MAINTENANCE ORDINANCE
Title: An Ordinance Establishing the Area Service “C” Road Classification in Webster
County, Iowa.
Be It Enacted by the Board of Supervisors, Webster County, Iowa:
Section l.PURPOSE
The purpose of this ordinance is to classify certain roads on the area service system in the county as Area Service roads so as to provide for a reduced level of maintenance effort and restricted access, pursuant to Iowa Code Section 309.57.
Section 2.DEFINITIONS
For use in this ordinance, certain terms or words used herein shall be interpreted or defined as follows:
1. “Area Service System” include those public roads outside of municipalities not other-wise classified.
a.“Area Service System “A” roads shall be maintained in conformance with applicable state statutes.
b.“Area Service System “C” roads shall not require standards maintenance equal to farm to market, or area service system A roads. Area Service System
C roads shall not mean what is construed in the normal sense as a driveway or private lane to a farm building or dwelling.
2. “Board” shall mean the Board of Supervisors of Webster County.
3. “Engineer” shall mean the County Engineer of Webster County.
4. “County” shall mean Webster County.
Section 3: HOW ESTABLISHED
A.RESOLUTION: Roads may only be classified as Area Service “C” by resolution of the
Board upon petition signed by all landowners adjoining the road. The resolution shall
specify the level of maintenance effort and the persons who will have access rights to the road.
B.NOTICE OF ACTION: Before the Board may take action on a petition to establish an
Area Service “C” road, a notice of the proposed action, including the location of the Area
Service “C” road and the time and place of the meeting at which the Board proposes to take action on the petition, shall be published as provided by law.
C.BOARD ACTION: At the meeting, the Board shall receive oral or written comments from any resident or property owner of the county.
After all comments have been received and considered, the Board, at that meeting or
date to which it is adjourned, may take action on the petition after consultation with the
County Engineer.
Section 4. ACCESS
Access to any Area Service “C” road shall be restricted by means of a gate or other barrier, as determined by the County Engineer. The gate shall be purchased and installed by the County, and maintained by the adjoining landowners. If not so maintained, the County may remove the gate.
Section 5. SIGNS
Area Service “C” roads shall have signs conforming to the Iowa Signing Manual Per 761 Iowa Administrative Code (IAC) Chapter 130. The signs shall be installed and maintained by the County at all access points to the Area Service “C” roads from other public roads to warn the public that access is limited.
Section 6. TREPASS
Entering an Area Service “C” road without justification after being notified or requested to abstain from entering or to remove or vacate the road by any person lawfully allowed access shall be a trespass as defined in Iowa Code Section 716.7.
Section 7. RECLASSIFICATION
A road with an Area Service “C” classification shall retain the classification until such time as a petition for reclassification is submitted to the Board. The petition shall be signed by one or more adjoining landowners. The Board shall approve or deny the request for reclassification within 60 days of receipt of the petition.
Section 8. POWERS OF THE BOARD
All jurisdiction and control over Area Service “C” roads shall rest with the Board, pursuant to the Iowa Code Section 309.57.
Section 9. EXEMPTION FROM LIABILITY
As provided in Iowa Code Section 309.57, the County and officers, agents and employees of the County are not liable for injury to any person or for damage to any vehicle or equipment which occurs approximately as a result of the maintenance of a road which is classified as Area Service “C”, if the road has been maintained to the level of maintenance effort described in the establishing resolution.
Section 10. REPEALED
All ordinances of parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.
Section 11. SEVERABILITY CLAUSE
If any section, provision, or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section 12. WHEN EFFECTIVE
This ordinance shall be in effect after its final passage, approval and publication, as provided by law.
First reading: approved September 5, 2000 (Date)
Second reading: waived ______________ approved September 12, 2000
(Date) (Date)
Third reading: waived ________________ approved October 10, 2000
(Date) (Date)
S/Emmett L. Martin, Chairperson
Webster County Board of Supervisors
S/Eddie Peterson, Supervisor
S/Jill Kirkberg, Supervisor
S/Floyd A. Magnusson, Supervisor
S/Dennis O’Farrell, Supervisor
Roll call: Ayes – Kirkberg, Magnusson, O’Farrell, Peterson and Martin. Nays – none. Motion carried unanimously.
Vicki Gill, Public Health Director and Tammy Varland, North Central Homemakers discussed a possible merge with the Public Health. The Board requested that the two agencies provide them with a cost analysis. No action taken.
Irene Blair, CPC Administrator and Jim Burr, representing the Mental Health Center discussed a possible loan. No action taken.
Moved by Kirkberg, seconded by O’Farrell to allow claims. Motion carried unanimously.
Moved and seconded the meeting adjourned.
Webster County Board of Supervisors October 17, 2000
The Board of Supervisor met in Session on the above date with the following members present: O’Farrell, Magnusson, Kirkberg, Peterson and Chairperson Martin. Absent none.
Moved by Kirkberg, seconded by Magnusson to approve minutes of meeting October 10, 2000. Motion carried unanimously.
Moved by Magnusson, seconded by O’Farrell to receive and place on file the following Drainage Repairs: D.D.# 117 and D.D.#34. Motion carried unanimously.
Moved by O’Farrell, seconded by Peterson to receive and place on file County Recorder’s Report of Fees Collected by period ending September 30, 2000. Copy on file in Auditor’s Office. Motion carried unanimously.
Moved by Peterson, seconded by Kirkberg to approve and authorize Chair to sign contract and Quit Claim Deed for sale of Badger Maintenance Shed to the Town of Badger. Motion carried unanimously.
Moved by Kirkberg, seconded by Magnusson to approve and authorize Chair to sign utility permit applications as follows: Mid American Energy – to replace line in Northeast Quarter of Section 4, Pleasant Valley Township and in Southwest Quarter of Section 10, Badger Township; Prairie Energy Cooperative – to replace overhead in Section 17, Washington Township and in Sections 17 and 20 Washington Township. (Copies on file in Engineer’s office). Motion carried unanimously.
Charlie Miller, Webster County Conservation Director reported that the new shelter house project is underway and completion is expected on or before December 31, 2000, weather permitting.
Tom Barnett, Chairman of Emergency Management Commission introduced Tony Jorgensen as the newly appointed Emergency Management Commissioner.
At 10:45 a.m. public letting was held for bridge replacement project #L-90-1505—73-94 on Dakota Avenue over south branch of Lizard Creek. The following bids were received:
Christensen Bros., Inc $168,917.00
Godbersen-Smith Const. Co. $168,987.82
Merryman Bridge Constr. $145,626.24
Welden Bros. Inc $158,204.88
Herberger Const. Co., Inc $165,623.88
Dixon Const. $164,671.00
Graves Const. Co. Inc $165,000.62
Cunningham-Reiss Co. $199,426.90
Moved by Magnusson, seconded by O’Farrell to award bid to Merryman Bridge Construction in the amount of $145,626.24, subject to Engineer Sperry’s review. Motion carried unanimously.
Jeff and Rhonda Strutzenberg discussed improvements they had made to enhance their property within the road right-of-way and wants a special exception to allow this improvement. Engineer Sperry stated that federal safety standards requires a six to one slope on paved roads and a 2 to one slope on gravel. Future liability for allowing such improvements within the road right of way should be a major concern and therefore Engineer Sperry recommended no exception.
An agreement with the City of Fort Dodge and Webster concerning the radio communication tower was present and tentatively approve. Further action will be on next week’s agenda.
Moved by O’Farrell, seconded by Peterson to temporarily appoint Irene Blair as the Alternate Resource person for workplace issues. Motion carried unanimously.
Moved and seconded the meeting adjourned.
Webster County Board of Supervisors October 31, 2000
The Board of Supervisor met in Session on the above date with the following members present: O’Farrell, Magnusson, Kirkberg, Peterson and Chairperson Martin. Absent none.
Moved by Kirkberg, seconded by Magnusson to approve minutes of meeting October 24, 2000. Motion carried unanimously.
Moved by Magnusson, seconded by O’Farrell to receive and place on file the following Drainage Repairs: D.D.#5, D.D.#5 Lateral 1, D.D.#13 and D.D.#141. Motion carried unanimously.
Moved by O’Farrell, seconded by Peterson to approve Tax Suspension for medical assistance on real estate parcel #00630/0000297000, Lots 9 and 10, Block 19 Original Town of Callender, Webster County, Iowa. Motion carried unanimously.
Moved by Peterson, seconded by Kirkberg to adopt the following Temporary Road Closure Resolution:
RESOLUTION
Motion by Peterson, Seconded by Kirkberg, to authorize temporary closure of the following Secondary Roads:
Fulton Twp. Section 22-27, Fairbanks Ave. and 260th St., for bridge replacement.
Pleasant Valley Twp., Section 4, for grading work and bridge replacement.
Johnson Twp., Section 15/16, Dakota Avenue, between 180th and 190th streets, for bridge construction.
Motion Carried:
S/Emmett L. Martin, Chairperson
Date: October 31st, 2000
Board of Supervisors
Attest:
S/Carol Messerly, Auditor
Webster County, IA
Motion carried unanimously.
Moved by Kirkberg, seconded by Magnusson to approve and authorize Chair to sign Agreement for federal funding for bridge replacement project in Section 10 and 11 Webster Township. (Copy on file in Engineer’s Office). Motion carried unanimously.
Moved by Magnusson, seconded by O’Farrell to approve and authorize Chair to sign Utility Permit Application for Duane Peterson, Harcourt, road crossing for natural gas line, Dayton Township Section 6, Section 31 Burnside Township, 340th Street between Madison and Nelson Avenues. (Copies on file in Engineer’s Office). Motion carried unanimously.
Dave Hayward discussed law library proposals and will come back to the board with a concrete proposal in the near future.
William Doan, Robert Halm and Donna Larson representing the Webster County Museum Association requested a letter of support from the Board of Supervisors to be included in their proposal to the Historical Preservation Committee for the use of the Carnegie Library building to be used as a county museum. Moved by Magnusson, seconded by O’Farrell to authorize the Chairperson to sign a letter of support. Motion carried unanimously.
Moved and seconded the meeting adjourned.