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October
Regular Meeting October 1, 2002
Regular Meeting
October 1, 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 September 24, 2002 meeting. Motion carried unanimously.
Moved by Peterson, seconded by Condon to approve salary increase for Rose Smith and Michael Stenzel, Correctional Officers to $11.55 per hour, effective September 23, 2002, per recommendation of Sheriff Griggs. Motion carried unanimously.
Moved by Condon, seconded by Kirkberg to approve abatement of real estate taxes on the following parcels purchased and dilapidated houses removed by the City of Dayton: #1914428006, #1914328007 and #1914328009. (Copy on file in Auditor’s office). Motion carried unanimously.
Moved by Kirkberg, seconded by O’Farrell to receive and place on file North Central Iowa Mental Health Center, Inc. Audit and Financial Report for year ending June 30, 2002. (Copy on file in Auditor’s office). Motion carried unanimously.
Moved by O’Farrell, seconded by Peterson to approve and authorize Chair to sign Utility Permit Application from MidAmerican Energy for underground electric line located in Section 5, Cooper Township, 160th Street east on Nelson Avenue. (Copy on file in Engineer’s office). Motion carried unanimously.
Moved by Peterson, seconded by Condon to approve and authorize Chair to sign Resolution
RESOLUTION
Motion by Peterson, Seconded Condon to authorize temporary closure of the following Secondary Road:
Township Elkhorn
Section: 5 and 6
Address: Hayes Avenue between D20 and 230th Street
Closed: September 20, 2002 for approximately 5 days
Time: 8:00 A.M.
Reason: Railroad crossing repairs
Motion Carried
S/Floyd A. Magnusson Date: 10/01/02
Chair, Board of Supervisors
Attest:
S/Carol Messerly, Auditor
Webster County, Iowa
Motion carried unanimously.
Moved by Condon, seconded by Kirkberg to approve and authorize Chair to sign Resolution
RESOLUTION
Motion by Condon, Seconded by Kirkberg to authorize temporary closure of the following Secondary Road:
Township: Cooper
Section: 10-11-12-13-14-15
Address: 180th Street between P59 & P63 (City and County)
Closed: September 23, 2002 for approximately 5 days
Time: 8:00 A.M.
Reason: Railroad crossing repair
Motion Carried
S/Floyd A. Magnusson Date: 10/1/02
Chair, Board of Supervisors
Attest:
S/Carol Messerly, Auditor
Webster County, Iowa
Motion carried unanimously.
Moved by Kirkberg, seconded by O’Farrell to approve and authorize Chair to sign Resolution
RESOLUTION
Motion by Kirkberg, Seconded by O’Farrell to authorize temporary closure of the following Secondary Road:
Township: Newark
Section: 10 & 15
Address: 120th Street between Washington & Xavier Avenue
Closed: September 23, 2002 for approximately two days
Time: 12 Noon
Reason: Tile Repair
Motion Carried
S/Floyd A. Magnusson Date: 10/1/02
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 Chair to sign Resolution
RESOLUTION
Motion by O’Farrell, Seconded by Peterson to authorize temporary closure of the following Secondary Road:
Township: Cooper Section 1
Township: Colfax Section 6
Address: Sampson Avenue
Closed: September 26, 2002 for approximately 2 days
Time: 8:00 A.M.
Reason: Railroad crossing repair
Motion Carried
S/Floyd A. Magnusson Date: 10/1/02
Chair, Board of Supervisors
Attest:
S/Carol Messerly, Auditor
Webster County, Iowa
Motion carried unanimously.
Moved by Peterson, seconded by Condon to approve and authorize Chair to sign Resolution
RESOLUTION
Motion by Kirkberg, Seconded by O’Farrell to authorize temporary closure of the following Secondary Road:
Township: Newark
Section: 31 and 32
Address: Taylor Avenue Between 150th and 160th Street
Closed: September 26, 2002 for approximately 4 days
Time: 9:30 A.M.
Reason: Railroad crossing repair
Motion Carried
S/Floyd A. Magnusson Date: 10/01/02
Chair, Board of Supervisors
Attest:
S/Carol Messerly, Auditor
Webster County, Iowa
Motion carried unanimously.
Roger Peterson and Kristy York, representing Soil Conservation Commission discussed proposed funding to promote wetland program. Moved by Peterson, seconded by Condon to approve funding in the amount of $l,000.00 for fiscal year 2002-2003, to Webster County Soil Conversation Commission. Motion carried unanimously.
At 10:22a.m. it was moved by Kirkberg, seconded by O’Farrell to go into closed session in accordance with Code of Iowa Chapter 21.5(j) to discuss purchase of real estate property. Roll call vote: Ayes – Magnusson, O’Farrell, Peterson, Condon and Kirkberg. Nays: None. Motion carried unanimously.
At 10:32a.m., it was moved by O’Farrell, seconded by Peterson to adjourn closed session and go back into open session. Roll call vote: Ayes – Magnusson, O’Farrell, Peterson, Condon and Kirkberg. Nays: None. Motion carried unanimously.
Moved by Kirkberg, seconded by O’Farrell to authorize the Chairman to sign offer to purchase real estate as discussed in closed session on this date. Motion carried unanimously.
Moved and seconded the meeting adjourned.
Regular Meeting October 8, 2002
Regular Meeting
October 8, 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 October 1, 2002 meeting. Motion carried unanimously.
Moved by Peterson, seconded by Condon to approve employment of Michael A. Nairn, part time jailer at the rate of $9.75 per hour, effective September 30, 2002, per recommendation of Sheriff Griggs. Motion carried unanimously.
Moved by Condon, seconded by Kirkberg to approve employment of John Robert Rohden, Webster County Deputy for a salary of $41,689.02, effective September 23, 2002, per recommendation of Sheriff Griggs. Motion carried unanimously.
Moved by Kirkberg, seconded by O’Farrell to approve employment of Shawn Smith for a salary of $40,000.00, effective October 28, 2002, per recommendation of County Attorney Timothy Schott. Motion carried unanimously.
Moved by O’Farrell, seconded by Peterson to receive and place on file Report of Veteran Affairs Commission for period ending September 30, 2002. Motion carried unanimously.
Moved by Peterson, seconded by Condon to approve appointment of Linda Smith and Floyd Magnusson as representative of the Department of Human Services Ames Service Area Advisory Board. Motion carried unanimously.
Moved by Condon, seconded by Kirkberg to approve and authorize Chair to sign Resolution to Temporarily Close Secondary Road in Section 6 Colfax and Section 31 Newark Township on 160th Street between Sampson and Taylor Avenues for railroad crossing repair. Motion carried unanimously.
At 10:15a.m. a public bid letting was held for culvert replacement in Section 8 of Colfax Township on 170th Street over Drainage District #57. Moved by Kirkberg, seconded by O’Farrell to accept low bid submitted by Humboldt Concrete in the amount of $30,331.88 for culvert materials, Culvert Replacement Project LC-970810-73-94. Motion carried unanimously.
Moved by O’Farrell, seconded by Peterson to accept the low bid submitted by Nels Pederson Company, Inc. in the amount of $24,419.34 for Culvert Replacement Project LC-970810-73-94 on Route D14, and authorize the Chairperson to sign contract documents at the appropriate time. Motion carried unanimously.
Moved by Peterson, seconded by Condon to allow claims. Motion carried unanimously.
Moved and seconded the meeting adjourned.
Regular Meeting October 15, 2002
Regular Meeting
October 15, 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 October 8, 2002 meeting. Motion carried unanimously.
Moved by Peterson, seconded by Condon to receive and place on file Drainage Repairs in D.D.#4 Webster and #272 Hamilton; D.D.# 11 Webster and #11 Hamilton; and D.D.#52. Motion carried unanimously.
Moved by Condon, seconded by Kirkberg to approve employment of Curt Swedlund, part time staff at the Drop-In Center at a salary of $7.50 per hour, effective October 21, 2002, per recommendation of Irene Blair. Motion carried unanimously.
Moved by Kirkberg, seconded by O’Farrell to approve and authorize Chair to sign MH/DD Contracts with Cedar Valley Community Support Services and Hope Huff. (Copies on file in CPC’s office). Motion carried unanimously.
Moved by O’Farrell, seconded by Peterson to approve tax assignment of Tax Sale Certificate #90057 for property in Southeast Quarter of Northwest Quarter, Section 13, Township 87, Range 28, except parcel #151300006 to Jim and Linda Arends and to abate taxes in the amount of $3,700.00 for tax years 1992 through 2001. Motion carried unanimously.
Moved by Peterson, seconded by Condon to approve and authorize Chair to sign 2002 Weed Commissioner’s Report. (Copy on file in Auditor’s office). Motion carried unanimously.
Moved by Condon, seconded by Kirkberg to approve funding request from City of Fort Dodge Park and Recreation Department for County’s Vision Iowa commitment on the Harlan Rogers Recreational Project for $50,000.00 cash contribution to be paid over a five-year period. Motion carried unanimously.
Moved by Kirkberg, seconded by O’Farrell to approve and authorize Chairperson to sign contract with Ronald Pederson d/b/a Nels Pederson Company, Inc. for replacement of culvert on county Route D-14. (Copy on file in Engineer’s office). Motion carried unanimously.
Moved by O’Farrell, seconded by Peterson to approve lowest quote for purchase of pickup submitted by Shimkat Motors in the amount of $23,145.00, per recommendation of County Engineer. Motion carried unanimously.
Lahoma Counts, representing Elderbridge Agency discussed Fiscal Year 2003-2004 funding. Moved by Peterson, seconded by Condon to consider request when preparing Fiscal Year 2003-2004 budget and to receive and place on file Fiscal Year 2002 Annual Report of Elderbridge Agency on Aging. Motion carried unanimously.
Moved and seconded the meeting adjourned.
Regular Meeting October 22, 2002
Regular Meeting
October 22, 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 October 15, 2002 meeting. Motion carried unanimously.
Moved by Peterson, seconded by Kirkberg to receive and place on file Annual Report of Webster County Conservation Board for fiscal year ending June 30, 2002. (Copy on file in Auditor’s Office). Motion carried unanimously.
Moved by Kirkberg, seconded by O’Farrell to receive and place on file County Recorder’s Report of Fees Collected for quarter ending September 30, 2002. (Copy on file in Auditor’s Office). Motion carried unanimously.
Moved by O’Farrell, seconded by Peterson to receive and place on file County Sheriff’s Report of Fees Collected for quarter ending September 30, 2002. (Copy on file in Auditor’s Office). Motion carried unanimously.
Moved by Peterson, seconded by Kirkberg to accept resignation of John R. Yetmar, District 2 Foreman, Secondary Road Department, effective November 1, 2002. Motion carried unanimously.
Moved by Kirkberg, seconded by O’Farrell to approve Application for Leave of Absence for Galen Friedrich. Motion carried unanimously.
Moved by O’Farrell, seconded by Peterson approve Application for Leave of Absence for Danny Ferry. Motion carried unanimously.
Moved by Peterson, seconded by Kirkberg to approve and authorize Chair to sign Utility Permit Application from Frontier Communications to plow cable along 235th Street in Section 10, Pleasant Valley 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 agreement between Hamilton and Webster Counties for the resurfacing of Route D54 north of Highway 175 near Stratford. (Copy on file in Engineer’s Office). Motion carried unanimously.
At 10:15a.m. it was moved by O’Farrell, seconded by Peterson to go into closed session in accordance with Chapter 21.5(c), of the Code of Iowa to discuss pending litigation. Roll call vote: Ayes – O’Farrell, Peteson, Kirkberg and Magnusson. Nays – None. Motion carried unanimously.
At 10:32a.m. it was moved by Peterson, seconded by Kirkberg to return to open session. Roll call vote:
Ayes – O’Farrell, Peterson, Kirkberg and Magnusson. Nays – None. Motion carried unanimously.
Moved by Kirkberg, seconded by O’Farrell to deny offer to settle LDGM Corporation v. Webster County Board of Adjustment. Motion carried unanimously.
Moved by O’Farrell, seconded by Peterson to allow claims. Motion carried unanimously.
Moved and seconded the meeting adjourned.
Regular Meeting October 29, 2002
Regular Meeting
October 29, 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 October 22, 2002 meeting. Motion carried unanimously.
Moved by Peterson, seconded by Condon to receive and place on file the following Drainage Repairs: D.D.#16-31 Main and Branch 4; D.D.#5 Lateral 2, 4 and 5 and D.D.#52. Motion carried unanimously.
Moved by Kirkberg, seconded by O’Farrell to adopt the following Resolution to extend the Terms of the New Jobs and Income Agreement Between A.E. Staley Manufacturing Company, the Iowa Department of Economic Development and Webster County granting a one-year period starting December 12, 2002 and ending December 11, 2003
A RESOLUTION TO EXTEND THE TERMS OF THE NEW JOBS AND INCOME AGREEMENT BETWEEN A.E. STALEY MANUFACTURING COMPANY, THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENTAND WEBSTER COUNTY.
WHEREAS, In 1996 A.E. Staley submitted an NJIP application to build a corn refining facility to produce high fructose corn syrup (HFCS) for the soft drink market in Mexico, and;
WHEREAS, the NEW JOBS AND INCOME PROGRAM AGREEMENT # 96-16 (NJIP) was approved on December 12, 1996 by the Webster County Supervisors and the Iowa Department of Economic Development, and;
WHEREAS, the Mexican sugar industry filed an antidumping petition against US HFCS producers and Mexico subsequently applied high preliminary tariff’s on HFCS imports from the US, and;
WHEREAS, the preliminary tariff’s were made permanent in 1998, and;
WHEREAS, A.E. Staley and other US producers have been working through NAFTA and the World Trade Organization along with the governments of the US and Mexico to resolve these issues without success, and;
WHEREAS, the NJIP Agreement #96-16 was amended November 15, 2001 so that the expiration date of the agreement was extended from December 11, 2001 to December 11, 2002, and
WHEREAS, Article 5.3(a) of the NJIP Agreement #96-16 that Staley, Webster County, and IDED entered into states: Failure to Meet Requirements. If the Business fails to meet any of its requirements under this Agreement, the Business shall repay to the local taxing authority and the Iowa Department of Revenue and Finance (DRF) the total value of the incentives received. The Community of DRF may exercise forbearance in connection with collection of the amounts owed to the community or DRF and elect to grant the Business a one-year period to meet its requirements under this Agreement, and;
WHEREAS, Staley has not and will not fulfill the requirements of the agreement prior to December 12, 2002 when the agreement expires, and;
WHEREAS, Article 5.3(a) permits the Webster County Supervisors to grant A.E. Staley a one-year period to meet the requirements of NJIP Agreement #96-16, as amended.
NOW THEREFORE BE IT RESOLVED BY THE SUPERVISORS OF WEBSTER COUNTY, A.E. Staley be granted a one-year period, starting December 12, 2002 and ending December 11, 2003, to meet the requirements of NJIP Agreement #96-16, as amended.
Passed and approved this 29th day of October 2002.
Ayes: Magnusson, Condon, Peterson, Kirkberg, O’Farrell
Nays: None
S/Floyd A. Magnusson, Chairman S/Carol Messerly, Auditor
Motion carried unanimously.
Moved by Condon, seconded by Kirkberg to approve Resolution for Temporary Road Closure of Route D14 (170th Street) between Taylor and Union Avenues along north line of Section 8, Colfax Township for culvert replacement project
RESOLUTION FRO TEMPORARY ROAD CLOSURE
WHEREAS, Section 306.41 of the Code of Iowa provides for the temporary closing of sections of roadway when necessary because of construction, and
WHEREAS, the Webster County Engineer has been authorized by a previous resolution of the Webster County Board of Supervisors to execute the requirements of said Section 306.41 regarding temporary road closures, and
WHEREAS, Culvert Replacement Project LC-970810-73-94 requires Route D14 (170th Street) between Taylor Avenue and Union Avenue along the North Side of Section 8, T-89N, R27W, Colfax Township to be closed to thru traffic and a detour route to be established.
NOW, THEREFORE, BE IT RESOLVED, by the Webster County Board of Supervisors that the above-described road be closed and proper signs be erected for the duration of the construction project as determined by the Webster County Engineer, and
BE IT FURTHER RESOLVED, that upon completion of the construction work, as determined by the Webster County Engineer, the road shall be opened to the traveling public without further action of this Board.
Passed and Approved this 29th day of October, 2002.
S/Floyd Magnusson, Chairman
Webster County Board of Supervisors
Attest:
S/Carol Messerly
Webster County Auditor
Motion carried unanimously.
Moved and seconded the meeting adjourned.