July

Regular Meeting

July 2, 2002

The Board of Supervisor met in Session on the above date with the following members present: O’Farrell, Peterson, Condon, Kirkberg and Chairperson Magnusson.

Moved by O’Farrell, seconded by Peterson to approve minutes of June 25, 2002 meeting.  Motion carried unanimously.

Moved by Peterson, seconded by Condon to receive and place on file Drainage Repairs for D.D.#117.  Motion carried unanimously.

Moved by Condon, seconded by Kirkberg to approve termination of Sarah Westphal, Webster County Jail, effective June 19, 2002.  Motion carried unanimously.

Moved by Kirkberg, seconded by O’Farrell to approve employment of Rachael Higgins, MH/DD Case Manager, salary of $29,000.00, effective July 2, 2002, per recommendation of Irene Blair.  Motion carried unanimously.

Moved by O’Farrell, seconded by Peterson approve Cigarette Permit for Layland, Inc./Deer Creek Golf Course.  Motion carried unanimously.

Moved by Peterson, seconded by Condon to approve and authorize Chair to sign Water Well Grant Report and Request for Payment.  (Copy on file in Auditor’s Office).  Motion carried unanimously.

Moved by Condon, seconded by Kirkberg to approve and authorize Chair to sign agreement between Webster County, Iowa and the Iowa Department of Transportation for Highway Bridge Replacement & Rehabilitation Program located at 205^th Street over Lizard Creek.  (Copy on file in Engineer’s office).  Motion carried unanimously.

Moved by Kirkberg, seconded by O’Farrell to approve and authorize Chair to sign agreement between Webster County, Iowa and the Iowa Department of Transportation for Highway Bridge Replacement & Rehabilitation Program located at County Road P29 over Lizard Creek. (Copy on file in Engineer’s office).  Motion carried unanimously.

Moved by O’Farrell, seconded by Peterson to approve and authorize Chair to sign Bargaining Agreement between Webster County and the Secondary Road Employees Association, effective July 1, 2002 through June 30, 2004. (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Peterson, seconded by Condon to allow Claims.  Motion carried unanimously.

Moved and seconded that the meeting adjourn.  Motion carried unanimously.

Regular Meeting

July 9, 2002

The Board of Supervisor met in Session on the above date with the following members present: O’Farrell, Peterson, Condon, Kirkberg and Chairperson Magnusson.

Moved by O’Farrell, seconded by Peterson to approve minutes of July 2, 2002 meeting.  Motion carried unanimously.

Board of Health

Moved by Peterson, seconded by Condon to receive and place on file the following Public Health Department Fiscal Year 2003 Salaries.

Motion carried unanimously.

Moved by Condon, seconded by Kirkberg to table until further notice from Irene Blair, MH/DD Administrator, the Contract with Community Family Resources.  Motion carried unanimously.

Moved by Kirkberg, seconded by O’Farrell to approve bond for Dayton Farm Drainage, Inc. for septic tank installation.  Motion carried unanimously.

Moved by O’Farrell, seconded by Peterson to receive and place on file Sheriff’s Report of Fees Collected, period ending June 30, 2002.  (Copy on file in Auditor’s Office).  Motion carried unanimously.

Moved by Peterson, seconded by Condon to receive and place on file Report of Veteran Affairs Commission, period ending June 30, 2002.  (Copy on file in Auditor’s Office).  Motion carried unanimously.

Moved by Condon, seconded by Kirkberg to adopt the following Resolution Naming Depositories for Webster County Recorder’s Office.

RESOLUTION NAMING DEPOSITORIES

Resolved, that the Webster County Board of Supervisors of Fort Dodge, Iowa in Webster County, Iowa approves the following list of financial institutions to be depositories of the Webster County funds in conformance with all applicable provisions of Iowa Code Chapter 12C.2 (1983) by 1984 Iowa Acts., S.F. 2220.  The Webster County Recorder is hereby authorized to deposit the Webster County funds in each of the respective financial institutions as set out below:

Depository Name         Location of                                  Amount  Home Office

First American Bank           Fort Dodge, IA                            $100,000.00

Wells Fargo Bank Iowa NA      Fort Dodge, IA                       $150,000.00

CERTIFICATION.  I hereby certify that the foregoing is a true and correct copy of a resolution of the Webster County Board of Supervisors adopted at a meeting of said public body, duly called and held on the 9^th day of July, 2002, as a quorum being present, as said resolution remains of record in the minutes of said meeting, and it is now in full force and effect.

Dated this 9^th day of July, 2002

S/Carol Messerly

Webster County Auditor

Motion carried unanimously.

Moved by Kirkberg, seconded by O’Farrell to approve and authorize Chair to sign Utility Permit Application from Frontier Communications of Iowa, Inc. to place approximately 850 feet of cable in Section 36, Cooper Township and Section 3, Pleasant Valley Township.  (Copy on file in Engineer’s Office).  Motion carried unanimously.

Moved by O’Farrell, seconded by Peterson to approve and authorize Chair to sign the following Resolution: 

RESOLUTION

WHEREAS, Webster County resubmits a new designation for their authorized representative for the purpose of obtaining Federal/State financial assistance under the Disaster Relief Act (PL 93-288, as amended) or otherwise available from the President’s Disaster Relief Fund and the Code of Iowa, Chapter 29C.

THEREFORE, BE IT RESOLVED, that the Board of Supervisors hereby approves and authorizes Randall Will, County Engineer, to be the authorized representative for Webster County to sign and file documents with Iowa Emergency Management Division.

Date:  July 9, 2002

S/Floyd A. Magnusson, Chairperson

Webster County Board of Supervisors

Attest:

S/Carol Messerly

Webster County Auditor

Motion carried unanimously.

Jerrod Carlson discussed Iowa Central Community College Farm Program/County Farm Lease.  No action taken.

At 10:30a.m. a Telephone meeting with Calhoun was held on Drainage District #22 Webster & #12 Calhoun.  For further particulars see Drainage Record Book.

Ellen Casady requested that the Board look into reducing the speed limit on South River Road and to maintain the weed and tree growth.  Ernest Dutcher and Brian Kinne discussed a proposed water district being established to provide water service to some area residents near Kalo.  The Board informed them that a petition and bond would be required.

At 7:00p.m. the Board met at the Dayton Community Center to discuss Lake Ole. Mayor Beth Wickwire spoke that their routine bridge inspection revealed a concern of the condition of Lake Ole Bridge.  It was later discovered that the bridge was the property of Webster County Conservation and upon contacting the Conservation Board it was proposed that they would repair the bridge if the City of Dayton would take over the Lake Ole property.  Citizens starting voicing their objections and that is where we are.  Various city officials and citizens voiced their concerns, safety being the primary focus.  No action taken.

Moved and seconded the meeting adjourned.

Regular Meeting

July 23, 2002

The Board of Supervisor met in Session on the above date with the following members present: O’Farrell, Peterson, Condon, Kirkberg and Chairperson Magnusson.

Moved by O’Farrell, seconded by Peterson to approve minutes of July 16, 2002 meeting.  Motion carried unanimously.

Moved by Peterson, seconded by Condon to receive and place on file Drainage Repairs in D.D.#193.  Motion carried unanimously.

Moved by Condon, seconded by Kirkberg to approve employment of Christina Ralston, Victim/Witness Coordinator at the salary of $23,700, effective August 6, 2002.  Motion carried unanimously.

Moved by Kirkberg, seconded by O’Farrell to receive and place County Recorder’s Report of Fees Collected for period ending June 30, 2002. (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by O’Farrell, seconded by Peterson to adopt the following resolution:

RESOLUTION

Whereas, the State of Iowa has appropriated moneys for fiscal year July 1, 2002 through June 30, 2003, which moneys are insufficient to fully fund the various local property tax credits/exemptions,

And, whereas, Iowa Code Section 25B.7 requires local governments to extend to the taxpayers only those portions of the property tax credits/exemptions that are estimated by the Iowa Department of Revenue and Finance to be funded by the sate appropriation,

And, whereas the Iowa Department of Revenue and Finance has estimated the percentages of funding for the affected property tax credits/exemptions as follows:  Homestead credit (including Disabled Veteran’s Homestead Credit) 90%, Low-income, Elderly, Disabled Credit 80%, Military Exemption 97%,

And, whereas the option of fully funding property tax credits/exemptions will cause a funding shortfall to local governments in the County of more than $180,00 this fiscal year,

And, whereas the option of passing on the reduced state-reimbursed values of the credits will increase the amount of net taxes in the County by more than $180,000 per year,

And, whereas w4e find that fully funding military exemptions and the disabled veteran’s homestead credits to those persons who have served honorably in this Country’s military is of minimal fiscal impact to the local governments and in the general public interest,

And, whereas we find that fully funding the low-income, elderly, and disabled credits to those persons who have qualified for those credits is of minimal fiscal impact to the local governments and in the general public interest,

And, whereas we find that passing on the reduced state-reimbursed values of the homestead credits to the taxpayers in the County funds local governments to the greatest effect while impacting the largest number of persons with minimal effect and, therefore, in the public interest,

Now, therefore, be it resolved pursuant to Iowa Code Section 25B.7 that the property tax credits/exemptions in Webster County for fiscal year July 1, 2002 through June 30, 2003 shall be funded as follows:

Homestead Credit                                                                  90%

Disabled Veteran’s Homestead Credit                              100%

Low-Income, Elderly, Disabled Credit                              100%

Military Exemption                                                               100%

Dated at Fort Dodge, Iowa, this 23^rd day of July, 2002.

S/Floyd A. Magnusson, Chairperson

Webster County Board of Supervisors

Attest:

S/Carol Messerly

Webster County Auditor

Motion carried unanimously.

Moved by Peterson, seconded by Condon to approve procurement of Allers Associates Architects for Rabiner Treatment Center project.  Motion carried unanimously.

Moved by Condon, seconded by Kirkberg to adopt the following Resolution and authorize Chair to sign Grant Application at the appropriate time.

 WHEREAS, Webster County has agreed to the Intergovernmental Cooperation Agreement creating the Mid Iowa Development Association Council of Governments (hereinafter called MIDAS) and is a member in good standing; and

WHEREAS, Webster County wishes to engage MIDAS to provide certain technical and professional services in connection with the following grant project(s):

§ CDBG Water/Sewer Pre-application - $200 (There is not charge if the applicant is not asked by IDED to submit a full application.)

And, if the Applicant is invited to submit a full application

§CDBG Water/Sewer Full Application - $275 (There is not charge if the applicant is not funded by IDED)

WHEREAS, Article III.C of the Intergovernmental Agreement gives MIDAS the responsibilities outlined in Chapter 28E, Code of Iowa;

NOW THEREFORE, it is hereby resolved by Webster County that MIDAS be requested to provide staff assistance in the above mentioned project; and

THAT, the County understands and will comply with MIDAS Executive Committee guidelines regarding the assessments of costs of MIDAS staff assistance, currently billed according to the amount following the technical assistance application services specified above.

Passed, approved and adopted this 23^rd day of July, 2002.

S/Floyd A. Magnusson, Chairperson

Webster County Board of Supervisors

Attest:

S/Carol Messerly

Webster County Auditor

Motion carried unanimously.

Moved by Kirkberg, seconded by O’Farrell to approve and authorize Chair to sign Utility Permit Application from Midland Power Cooperative to replace overhead electric line with underground line, boring under Paragon Avenue, Section 21, Burnside Township.  (Copy on file in Engineer’s office).  Motion carried unanimously.

Moved by O’Farrell, seconded by Peterson to approve and authorize Chair to sign Utility Permit Application from Midland Power Cooperative to install approximately one and one-quarter miles overhead electric power line to replace existing line in private right-of-way in Section 6, Dayton Township.  (Copy on file in Engineer’s office).  Motion carried unanimously.

Moved by Peterson, seconded by Condon to adopt the following Resolution

RESOLUTION

Motion by Peterson, Seconded by Condon to authorize temporary closure of the following Secondary Road:

Township:                             Gowrie

Section:                                  7 and 8

Address:                   Between 350 & 360 Street, Highway P29

Closed:                      July 18, 2002 for approximately 1 week

Time:                          8 a.m.

Reason:                      Railroad repair

Motion Carried

S/Floyd A. Magnusson, Chairperson    Date:  7/23/2002

Webster County Board of Supervisors

Attest:

S/Carol Messerly

Webster County Auditor

Motion carried unanimously.  

At 10:30a.m.a Public Hearing was held to vacate alley in Block 7 of Original Town of Lanyon, Webster County, Iowa.  Don Reed representing a utility company had concerns regarding an easement, but it was noted that the landowners were not opposed to facilitating the utility easement and would formalize the same.  No further comments or objection were heard.  Moved by Condon, seconded by Kirkberg to adopt the following resolution:

RESOLUTION TO VACATE ALLEY

A hearing on the proposed resolution to vacate the following described alley located in the unincorporated Town of Lanyon, Webster County, Iowa, to wit:

The North-South alley lying betweens Lots 1 through 10 on the west line and Lots 11 through 14 on the east line of said alley all in Block 7 of the unincorporated Town of Lanyon, Webster County, Iowa.

WHEREAS, On the 25^th day of June 2002 a resolution to initiate vacation of the above described alley was passed by the Webster County Board of Supervisors and in accordance with Chapter 306 of the 2001 Code of Iowa, a date was set for hearing before the Webster County Board of Supervisors and legal notice was served on all interested parties and said notice did state the hearing time and date was set for 10:30 A.M. today, Tuesday, July 23, 2002, in the Supervisor’s Room of the Webster County Courthouse, Fort Dodge, Iowa and

WHEREAS, said hearing is being held on the above mentioned date and all objections or comments, either oral or written will be presented on or before this date set for hearing.

NOW THEREFORE, the Board of Supervisors of Webster County, Iowa, having received all objections and comments on or before this date, hereby sets 11:30 A.M., Tuesday, July 30, 2002 at its regular scheduled meeting place, as noted above, as the date for final action on the proposed vacation of the above described alley located in said unincorporated Town of Lanyon, Webster County, Iowa.

Motion carried unanimously.

Moved and seconded the meeting adjourned.

Regular Meeting

July 30, 2002

The Board of Supervisor met in Session on the above date with the following members present: O’Farrell, Peterson, Kirkberg and Chairperson Magnusson. Absent:  Condon.

Moved by O’Farrell, seconded by Peterson to approve minutes of July 23, 2002 meeting.  Motion carried unanimously.

Moved by Peterson, seconded by Kirkberg to approve employment of Lucas Harp, part time Jailer at the rate of $9.75 per hour, effective July 17, 2002, per recommendation of Sheriff Griggs.  Motion carried unanimously.

Moved by Kirkberg, seconded by O’Farrell to approve employment of Tiffany J. Jondle, part time Jailer at the rate of $9.75 per hour, effective July 29, 2002, per recommendation of Sheriff Griggs. Motion carried unanimously.

Moved by O’Farrell, seconded by Peterson to allow transfer of $9,246 from General Basic Fund to Conservation Trust Fund.  Motion carried unanimously.

Moved by Peterson, seconded by Kirkberg to receive and place on file Semi Annual Report of Webster County Treasurer for the period ending June 30, 2002. (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Kirkberg, seconded by O’Farrell to approve appointments of Ron Mortinson and Scott Enguist to the Mid Iowa Development Corporation.  Motion carried unanimously.

Moved by O’Farrell, seconded by Peterson to approve and authorize Chair to sign Utility Permit from Frontier Communications to bury cable along the north side of 185^th Street in Section 17, Douglas township.  (Copy on file in Engineer’s office).  Motion carried unanimously.

Moved by Kirkberg, seconded by O’Farrell to approve and authorize chair to sign utility permit from Webster Calhoun Coop. Telephone Association to bury fiber optic cable for telephone communication located around Gowrie, Iowa in Roland, Clay, Gowrie, and Lost Grove townships; and Duncombe, Iowa in Colfax and Washington townships.  (Copy on file in Engineer’s office).  Motion carried unanimously.

Moved by Peterson, seconded by Kirkberg to approve and authorize Chairman to sign Resolution

RESOLUTION

Motion by Peterson, Seconded by Kirkberg to authorize temporary closure of the following Secondary Road:

Township:             Douglas

 Section:                6 & 7

Address:                Hayes Ave, From 160^th Street to 175^th Street

Closed:                  July 24, 2002 for approximately 1½ weeks

Time:                     7 a.m.

Reason:                Road Rehabilitation

Motion Carried:

S/Floyd A. Magnusson   Date:  July 30, 2002

Chair, Board of Supervisors

Attest:

S/Carol Messerly, Auditor

Webster County, Iowa

Motion carried unanimously.

Moved by O’Farrell, seconded by Peterson to approve and authorize Chairman to sign Resolution

RESOLUTION

Motion by O’Farrell, Seconded by Peterson to authorize temporary closure of the following Secondary Road:

Township:             Clay

Section:                  3 & 10

Address:             290^th Street between Johnson and Kansas Ave

Closed:                   July 25, 2002 for approximately 5 days

Time:                      11 a.m.

Reason:                  Bridge approach repair

Motion Carried:

S/Floyd A. Magnusson Date:  July 30, 2002

Chair, Board of Supervisors

Attest:

S/Carol Messerly, Auditor

Webster County, Iowa

Motion carried unanimously.

At 10:30a.m. a Public Hearing was held on first consideration to adopt Webster County Ordinance 036, ordinance establishing a local office fee for Uniform Commercial Code (UCC) Information Request.  No comments or objections were heard.  Moved by Peterson, seconded by Kirkberg to approve first consideration, waive second consideration and set 10:30a.m. on August 27, 2002, as the time and date for final consideration of said Ordinance 036.  Roll call vote:  Ayes – O’Farrell, Peterson, Kirkberg and Magnusson.  Motion carried unanimously.

At 11:00a.m. A Completion Hearing was held on Contract with Holland Contracting for Cleanout and Repairs of Drainage District #69.  For further particulars see Drainage Record Book.

At 11:30a.m.a Public Hearing was held on final consideration to vacate North-South alley lying between Lots One through Ten on the west line and Lots Eleven through Fourteen on the east line of said alley all in Block Seven of the unincorporated Town of Lanyon, Webster County, Iowa.  No comments or objections were heard.  Moved by O’Farrell, seconded by Peterson to approve final consideration of said vacation and to adopt the following resolution:

RESOLUTION TO VACATE ROAD AND REVERSION FOR TAXATION

RESOLUTION to vacate the North – South alley lying between Lots 1 through 10 on the west line and Lots 11 through 14 on the east line of said alley, all in Block 7 of the unincorporated Original Town of Lanyon, Webster County, Iowa.

WHEREAS, on the 25^th day of June 2002, a resolution to initiate vacation of above described alley was passed by the Webster County Board of Supervisors and in accordance with Chapter 306 of the 2001 Code of Iowa, a date was set for hearing and legal notice was served on all interested parties and said notice did state the hearing date was set for the 23^rd day of July, 2002, in the Courthouse of Webster County, Iowa, and

WHEREAS said hearing was held on above mentioned date and all objections or comments, either oral or written were received for consideration by the Board of Supervisors.

NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors of Webster County, hereby vacates and closes the above described alley.

BE IT ALSO RESOLVED, that the above described vacated alley be reverted to the abutting landowners (1/2 to each, measured from centerline of easement), and added to the Webster County Tax Roll.

Attest:  S/Carol Messerly     
S/Floyd Magnusson, Chairperson

Webster County Auditor 
Board of Supervisors     

Date:  July 30, 2002

Motion carried unanimously.

Shirley Helgevold with Midas updated the Board of the status of Otho-Kalo Grant Application.  The plans have changed to date with the Otho-Kalo group looking into a USDA Loan and without enough time to amend the resolution authorizing Midas to apply and administer the grant it was agreed that no application will be submitted at this time to allow the group to reorganize their plan.  The Board will consider assist them in any future arrangement when submitted.

Moved by Peterson, seconded by Kirkberg to allow claims.  Motion carried unanimously.

Moved and seconded the meeting adjourn.