Regular Meeting

May 7, 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 April 30, 2002 meeting.  Motion carried unanimously.

Moved by Peterson, seconded by Condon to receive and place on file the following Drainage Repairs:  D.D. #2, D.D.124, and Joint D.D.#221 Webster-#110 Green.  Motion carried unanimously.

Moved by Condon, seconded by Kirkberg to accept resignation of Dawn Nemechek, part-time jailer, effective April 29, 2002; and Greg Bortnem, Webster County Case Manager, effective May 31, 2002. Motion carried unanimously.

Moved by Kirkberg, seconded by O’Farrell to approve employment of Emily Hamilton, Case Manager, at a salary of $29,000, effective April 29, 2002.  Motion carried unanimously.

Moved by O’Farrell, seconded by Peterson to approve salary increase for Steve Allard to $7.50 per hour, effective April 29, 2002, per recommendation of Charlie Miller. Motion carried unanimously.

Moved by Peterson, seconded by Condon to approve rate increases of 3.5% for various MH/MR/DD services provided by Iowa Central Industries, Northwoods Living and Lutheran Family Services for fiscal year 2003. (Copy on file in Auditor’s Office).  Motion carried unanimously.

Comments were heard on an appeal from Kenneth Rossing and Susan Bethius regarding Zoning Administrator’s decision that several nuisances be abated June 1, 2002 on certain properties in Lanyon.  Zoning Administrator, Jessy Willadson explained the situation and stated that the June 1, 2002 is already an extension and Mr. Rossing has failed to offer a plan or timetable for cleaning up the properties.  Moved by Peterson, seconded Condon to reaffirm the Zoning Administrator’s decision to have the nuisances abated June 1, 2002.  Motion carried unanimously.

Moved by Kirkberg, seconded by O’Farrell to receive and place on file Planning and Zoning Commission’s report and set May 28, 2002 at 10:15a.m for public hearing on the first consideration to amend Webster County Zoning Ordinance 024 as requested by Brad Klug representing Rabiner Treatment Center to permit use by special exception in an A-2 Agricultural District for state licensed facilities.  Motion carried unanimously.

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

RESOLUTION

RESOLUTION to initiate vacation of part of the road known as the “Webster and Calhoun County Line Road” (aka as Adams Avenue), being 33.0 feet in width, established September 6, 1883 and situated along the West line of the Northwest Quarter of Section 7, Township 86 North, Range 30 West of the Fifth Principal Meridian, Webster County, Iowa.

Said Proposed vacation to be in conjunction with and approval of vacation of the adjoining portion of said road situated within the Corporate Limits of the Town of Farnhamville, Calhoun County, Iowa.

WHEREAS the Farmer’s Cooperative of Farnhamville, Iowa, to better facilitate loading grain into grain shuttle trains of the Union Pacific Railroad, has, by letter, requested the above mentioned portion of road be considered for closing and vacation, and

WHEREAS vacation of said portion of road would relieve an economic burden to said cooperatives and its members, and

WHEREAS there is alternate access to the street system of the Town of Farnhamville, Iowa and will not create a transportation burden to the citizens of the area, and

WHEREAS vacating said parcels 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 propose the vacation of the following described parcel of road easement, to wit: Commencing at the West Quarter Corner of Section 7, Township 86 North, Range 30 West of the Fifth Principal Meridian, Webster County, Iowa; thence North 00°51’40” East along the west line of the Northwest Quarter to the Point of Beginning; thence continuing North 00°51’40” East 339.43 feet; thence North 88°49’10” East 33.02 feet along the North Right of Way Line of the Union Pacific Railroad; thence South 00°51’40” West 340.39 feet along the Easterly Right of Way Line of the Existing County roadway; thence North 89°30’30” West 33.00 feet to the point of beginning.  Said parcel contains 0.26 Acres.

BE IT FURTHER RESOLVED, that a joint public hearing, by and between the City Council of Farnhamville and the Webster County Board of Supervisors, on the proposed vacation of said parcels of road easement be set for 7:00 p.m. on Monday, June 10^th, 2002 in the Community Room at the Farmers Cooperative Company, 105 Garfield Avenue, Farnhamville, Iowa 50538, and that the County Engineer send notice to adjacent Webster County landowners explaining proposed vacation and requesting their comments or claims.

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

Webster County Auditor                                                    Board of Supervisors

Date  5/7/02

Motion carried unanimously.

Moved by Peterson, seconded by Condon to approve and authorize Chair to sign permit application from David Johnson to connect drainage tile in the Southeast Quarter of Section 7, Gowrie Township. (Copy on file in Engineer’s office).  Motion carried unanimously.

RESOLUTION

Moved by Condon, seconded by Kirkberg to adopt resolution:

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

140^th Street between Taylor and Vincent Avenue Starting April 29, 2002 for Railroad Crossing Replacement.

Motion Carried:

s/Floyd A. Magnusson       Date:  5/7/02

Chair, Board of Supervisors

Attest:

S/Carol Messerly, Auditor

Webster County, Iowa

Motion carried unanimously.

RESOLUTION

Moved by Kirkberg, seconded by O’Farrell to adopt resolution:

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

150^th Street between Taylor and Union Avenue Starting April 29^th, 2002 for Railroad Crossing Repair.

Motion Carried

S/Floyd A. Magnusson Date:  5/7/02

Chair, Board of Supervisors

Attest:

S/Carol Messerly, Auditor

Webster County, Iowa

Motion carried unanimously.

Gayle Pierson appeared before the Board to address some drainage concerns.  No action taken.

Moved by O’Farrell, seconded by Kirkberg to allow claims.  Motion carried unanimously.

Moved and seconded the meeting adjourned.

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

At 9:00a.m. the Board Canvassed the Fort Dodge City Special Election held on May 7, 2002, to increase hotel/motel tax.  Moved by O’Farrell, seconded by Peterson that the following be approved as the official canvass of said special election: Yes -      1072, No         - 360, Total votes - 1432 , Public Measure adopted.

Motion carried unanimously.

Moved by O’Farrell, seconded by Peterson to approve minutes of May 7, 2002 meeting. Motion carried unanimously.

Moved by Peterson, seconded by Condon to receive and place on file the following Drainage Repairs:  D.D.#197 Lateral 189 and D.D.#181.  Motion carried unanimously.

Moved by Condon, seconded by Kirkberg to approve proposal submitted by Russ’s Construction in the amount of $56,487.75 to remodel first floor of the annex building for MH/DD Services and Drop-in Center. (Copy of proposals on file in CPC’s Office).  Motion carried unanimously.

Moved by Kirkberg, seconded by O’Farrell to approve and authorize Chair to sign Interim Assistance Reimbursement Agreement with the Iowa Department of Human Services for the purpose of assuring availability of assistance for applicants for benefits under the Supplemental Security Income program.  (Copy of proposals on file in CPC’s Office).  Motion carried unanimously.

Moved by O’Farrell, seconded by Peterson to approve Liquor License Renewal for Webster County Agricultural Association.  Motion carried unanimously.

Moved by Peterson, seconded by Condon to designate Webster County Board of Supervisors as Contract Administrator for the Community Service Bureau Grant Contract with the Iowa Department of Public Health.  Motion carried unanimously.

Moved by Condon, seconded by Kirkberg to table approval of Utility Permit Application from MidAmerican Energy Company to set overhead electricity line on south side of 150^th Street in Section 35, Deer Creek Township from Highway 169 west 1900 feet, until U.S. Cellular tower site is approved by FFA.  Motion carried unanimously.

Moved by Kirkberg, seconded by O’Farrell to table request from Raennette Heggen to vacate alley in Block 7 of Original Town of Lanyon, until petition or written agreement is presented from other landowners in the area.  Motion carried unanimously.

Moved by O’Farrell, seconded by Peterson to approve and authorize Chairman to sign Utility Permit Application from Frontier Communications to bury cable on north side of 245^th Street in Section 7, Pleasant Valley Township.  Motion carried unanimously.

Moved and seconded the meeting adjourned.

Regular Meeting

May 21, 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 May 14, 2002 meeting. Motion carried unanimously.

Moved by Peterson, seconded by Condon to receive and place on file the following Drainage Repairs: D.D. #4Webster & #272 Hamilton and D.D.#29.  Motion carried unanimously.

Moved by Condon, seconded by Kirkberg to approve and authorize Chair to sign Iowa Department of Economic Development Community Development Block Grant Program Contract for Rabiner Treatment Center grant funding.  (Copy on file in Auditor’s Office).  Motion carried unanimously.

Moved by Kirkberg, seconded by O’Farrell to approve and authorize Chair to sign Lead Federal Agency Designation agreement with USDA Rural Development for Rabiner Treatment Center project.

Lead Federal Agency Designation

CDBG Recipient: __Webster County_____ CDBG Contract Number: _02-CF-047___

USDA-Rural Development Recipient: _____Rabiner Treatment Center____________

Iowa Department of Natural Resources Recipient: _________N/A_______________

Economic Development Administration Recipient: _________N/A_______________

Type of Project: New Construction/Renovation

Location of Project: _Rabiner Treatment Center, Rural Webster County___________

For projects jointly funded by the Iowa Department of Economic Development (IDED) through the Community Development Block Grant (CDBG) program, USDA-Rural Development (USDA -RD),  the Iowa Department of Natural Resources (IDNR), or the Economic Development Administration (EDA).  Therefore: 

1.USDA – RD     IDNR                 CDBG Recipient              EDA        

will act as the lead federal agency in fulfilling the Collective responsibilities under 36 CFR Part 800 Section 106 for the CDBG Recipient listed above, and the USDA-RD or IDNR Recipient listed above.

2. All submittals to the State Historic Preservation Office (SHPO) will be made by the selected lead federal agency.

3.The lead federal agency shall complete an environmental review and give a copy of all relevant paperwork to each agency.

Yes                            No

This is agreed to by the following parties:

S/USDA-RD,  IDNR, or EDA Representative  

S/CDBG Recipient Chief Elected Official 

S/USDA-RD, IDNR or EDA Recipient 

S/IDED CDBG Program Manager   (Hank Manning)

S/Floyd Magnusson, CDBG Grant Administrator                                                                                                                                      

Motion carried unanimously.

Moved by O’Farrell, seconded by Peterson to adopt the following Policies and resolution relating to Rabiner Treatment Center Community Development Block Grant Program:  Resolution Designating a Labor Standards Compliance Officer for the Webster County 2002 CDBG Program, Policy on the Prohibition of the Use of Excessive Force, Webster County 2002 CDBG Program Code of Conduct, The Residential Anti-displacement and Relocation Assistance Plan Under Section 104(d) of the Housing and Community Development Act of 1974, as Amended, Equal Opportunity Policy Statement, Public Notice Affirmative Fair Housing Policy, and Webster County 2002 CDBG Program Procurement Policy.  (Copies on file in Auditors Office).  Motion carried unanimously.

Moved by Peterson, seconded by Condon to approve Beer Permit Renewal for Fort Dodge Air National Guard Service Club, Inc. (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Condon, seconded by Kirkberg to approve salary increase for Jill Pringle to $10.30 per hour, effective May 20, 2002, per recommendation of  Richard Holst, Building Maintenance Supervisor.  Motion carried unanimously.

Moved by Kirkberg, seconded by O’Farrell to adopt the following Resolution:

2002 WEED RESOLUTION

WHEREAS  noxious weeds, if not controlled, would be a major problem in Webster County.

WHEREAS section 317.13 of the Code of Iowa grants the Board of Supervisors the authority, upon the recommendation of the County Weed Commissioner, to yearly set out by resolution a program of weed control for that year.

WHEREAS pursuant to Section 317.14, notice of the program must be published.

WHERAS the Webster County Weed Commissioner has recommended the following program for weed control in conformance with and to the provisions of Chapter 317 of the Code of Iowa.

BE IT HERE BY RESOLVED by the Board of Supervisors for Webster County, Iowa:  That pursuant to the provisions of Chapter 317, 1996 Code of Iowa, It is hereby ordered:

1. That each owner and each person in the possession or control of any land in Webster County shall control on that land all noxious weeds as defined below at such time and such manner as shall prevent said weeds from blooming or coming to maturity.  Noxious weeds shall be cut, burned, or otherwise destroyed as often as necessary to prevent seed production.  Furthermore each owner and each person in possession or control of any land in Webster County shall keep that land free from the growth of any type of weed, which would render the streets or highways adjoining said land unsafe for public travel.  Such Weeds shall be cut or otherwise controlled as often as necessary to keep the streets or highways adjoining said land safe for public travel.

PRIMARY NOXIOUS WEEDS:  Quack Grass, Perennial Sow Thistle, Canada Thistle, Bull Thistle, Field Bindweed, Horse Nettle, Leafy Spurge, Hoary Cress (perennial Pepper-grass), Russian Knapweed, Tall Thistle, Musk Thistle, Buckthorn, and Purple Loosestrife.

SECONDARY NOXIOUS WEEDS:  Wild Mustard, Velvetleaf (Butterprint), Cocklebur, Wild Carrot, Shattercane, Buckthorn Plantain, Red (sheep) Sorrel, Curly Dock, Smooth Dock, Poison Hemlock, Multiflora Rose, Teasel, Puncture Vine.

2. That each owner and each person in the possession or control of any lands in Webster County infested with primary noxious weeds shall adopt a program of Weed control as prescribed by the Weed Commissioner, which shall be designed to immediately control and keep under control such infections of noxious weeds.

3. That if owners or persons in control of any lands in Webster County shall fail to comply with the foregoing orders, the Weed Commissioner shall cause this to be done and the expense of such work, including the costs of serving notice and other costs, if any shall be assessed against the real estate upon which weeds were controlled.

4.That the county auditor be and hereby is directed to cause notice of the making and entering of the foregoing Order to be published by one publication in each of the official newspapers of the County.

This resolution was passed and approved this 21st day of May, 2002

Webster County Board of Supervisors

S/Floyd Magnusson, Chairman   
S/Phil Condon

S/Dennis R. O’Farrell 
S/Jill Kirkberg

S/Eddie Peterson

ATTEST:

S/Carol Messerly

Webster County Auditor

Motion carried unanimously.

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

WEBSTER COUNTY POLICY

USE OF COUNTY VEHICLES

Effective July 1, 2002 

Emergency occurrences or situations arise during the year, which require immediate response from county personnel with such immediate response serving a public purpose.

In order to respond to these occurrences and/or situations, Webster County requires certain personnel to serve on a “24-hour call” basis.

In order to diminish response time to these emergencies, this requires the “on-call” personnel to store a county owned vehicle at their residence.

It is understood that since advance knowledge of when such occurrences and/or situations will occur is unknown, it will necessitate the vehicles being at constant disposal of the affected personnel.

The following named employees serve on a “24-hour call” basis, and keep a county vehicle at their residence during off duty hours:

A. Secondary Road

1. County Engineer and Engineering Staff

2. Secondary Road Maintenance Superintendent and Foremen

B. Sheriff’s Department

1.  Sheriff

 2. Sheriff Deputies

C. Conservation Department

1. Conservation Director

2. Residential Park Ranger and Park Rangers

3. Naturalist

D. Other employees as necessary and approved by Department Heads

These vehicles are only for the use of the employee while conducting county functions and not for the private use by the employees other than that of transportation to and from work.

Private use of vehicles shall comply with Federal and State income tax laws.

(TYPE OUT Webster County Policy for Use of County Vehicles).  Motion carried unanimously.

Moved by Peterson, seconded by Condon to approve the following applications for open prairie, rivers and streams, forest cover, recreation lakes and residential wildlife habitat as exempt from property per Board Resolution on April 12, 1983 and receive and place on file Native Prairie tax exemptions:

Motion carried unanimously.

Moved by Condon, seconded by Kirkberg to approve the following Tax Exempt Status for Wildlife Habitat under Slough Bill enacted in 1982:

Motion carried unanimously.

Linda Murken, Executive Director of Second Judicial Correctional Services discussed the departments State budget cuts with the Board and the effective it has had and will have on the Department.  No action taken.

Moved by Kirkberg, seconded by O’Farrell to allow claims.  Motion carried unanimously.

Moved and seconded the meeting adjourned.

Regular Meeting

May 28, 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.

At 9:00a.m. a Joint Telephone Meeting was held for Drainage District #9Webster & #3 Humboldt to levy an assessments.  For further particulars see Drainage Record Book.

Moved by O’Farrell, seconded by Peterson to approve minutes of May 21, 2002 meeting.  Motion carried unanimously.

Moved by Peterson, seconded by Condon to receive and place on file Drainage Repairs in D.D.#69.  Motion carried unanimously.

Moved by Condon, seconded by Kirkberg to receive and place on file resignation of Sonya Waller, effective May 16, 2002.  Motion carried unanimously.

Moved by Kirkberg, seconded by O’Farrell to approve employment of Joan Lara, MH/DD Case Manager at the rate of $29,000.00, effective May 30, 2002.  Motion carried unanimously.

Moved by O’Farrell, seconded by Peterson to approve the following Correctional Officers pay schedule, effective July 1, 2002, per recommendation of Sheriff Griggs:

1.First six (6) months employment  $9.75 per hour.

2. After six (6) months employment  $10.50 per hour.

3. After satisfactory completion of CPR and First Aid  $10.75 per hour.

4.After satisfactory completion of the forty (40) hour State Jail Basic Course required by section 356.356 of the Code of Iowa and Administrative Code 501-1 (80B) and 501-19 (80B), and Medication Management   $11.55 per hour.

Motion carried unanimously.

Moved by Peterson, seconded by Condon to approve bond of Nels Pederson Company, Inc. for septic system installation.  Motion carried unanimously.

Moved by Condon, seconded by Kirkberg to approve MH/DD Planning Committee for Fiscal Year 2002-2003.

Tom Eckman - Chair, Deb Delp - Vice Chair, Martha Miller - Chairperson, Eddie Peterson, Jim Burr, Joyce Clark, Pat Martin, Christopher Adams, Isun Seivert, Bev Dirksen, Fred Breen, Robert Cook, Dorothy Grady, Linda Smith, Rhonda Utley, Jo Ann Beall.

Motion carried unanimously.

Moved by Kirkberg, seconded by O’Farrell to approve amendment of Article 5 of the Secondary Road Employees Contract as agreed by the bargaining teams on May 23, 2002, and as follows:

The normal working schedule will be 40 hours per week Monday through Friday.  The normal starting and quitting time will be 7:00 AM to 3:30 PM with ½ hour unpaid lunch.  However, the Employer may change the normal hours of work as it deems necessary.

Overtime: Overtime shall be paid for at the rate of time and one-half (1 ½) the employee’s straight time hourly rate for hours worked in excess of forty (40) hours in a seven day work week.  All overtime must have prior approval of the Engineer or his designee.  the workweek for the purposes of computing weekly overtime pay will begin at 12:01 a.m. on Monday.  All hours worked on Saturday or Sunday will be paid at the rate of one and one-half times the employee’s straight time hourly wage rate.

Call-back:  If an employee is called back to work, he shall be paid time and one-half (1 ½) for hours worked for a minimum of 2 hours at straight time.  Call back does not apply to hours contiguous to the employee’s normal start or quit time.

Hours worked and holiday and vacation time shall be counted for the purpose of computing overtime.

Motion carried unanimously.

Moved by O’Farrell, seconded by Peterson to approve and authorize Chairman to sign Application to Perform Work Within Webster County Highway Right-of-Way to install “All American City” signs.  (Copy on file in Engineer’s office).  Motion carried unanimously.

At 10:15a.m.a Public Hearing was held on first consideration to amend Zoning Ordinance 024 to permit the following uses by special exception in an A-2 Agricultural District for state licensed facilities:  Institutions for academic instruction, clinics, charitable institutions for treatment of diseased, juvenile residential home or facilities, chemical dependency or mental health facilities or other similar institutions or facilities.  No written or oral comments were heard.  Moved by Peterson, seconded by Condon to approve first consideration of said amendment, to waive second consideration and to set June 18, 2002 at 10:15a.m. as the time and date for public hearing on final consideration.  Roll call vote:  Ayes – O’Farrell, Peterson, Condon, Kirkberg and Magnusson. Nays – None.  Motion carried unanimously.

At 11:15a.m. a Joint Telephone Meeting with Calhoun County to review bids for ditch spraying.  For further particulars see Drainage Record Book. 

Moved and seconded the meeting adjourned.  Motion carried unanimously.