November

Regular Meeting
November 4, 2003

The Board of Supervisor met in Session on the above date with the following members present:  Magnusson, Peterson, Condon, Gill, and Nolting.

Moved by Magnusson, seconded by Condon to approve minutes of October 28, 2003 meeting.  Motion carried unanimously.

Moved by Condon, seconded by Gill to receive and place on file the following Drainage Repairs:  D.D.#11 Webster & #11 Hamilton, D.D.#48, D.D#70 Webster & #95 Calhoun, D.D. #4 Webster & #272 Hamilton, and D.D.#51.  Motion carried unanimously.

Moved by Gill, seconded by Nolting to set Monday November 10, 2003 at 10:00a.m. as the day and time for the next Regular Board of Supervisors Meeting instead of Tuesday November 11, due to the Veterans Holiday.  Motion carried unanimously.

Moved by Nolting, seconded by Magnusson to receive and place on file Family/Medical Leave Application for Loretta Nims.  Motion carried unanimously.

Moved by Magnusson, seconded by Condon to approve employment of Beulah Torgenson and Mary Heilman as part time peer staff for the Friendship Center, effective November 3, 2003 at the rate of $6.00 per hour, per recommendation of Irene Blair, CPC Administrator.  Motion carried unanimously.

Moved by Condon, seconded by Gill to receive and place on file petition for Special Election to fill vacancy of Webster County Sheriff.  Motion carried unanimously.

Moved by Condon, seconded by Gill to direct the Commissioner of Election to hold special election for to fill vacancy of the Webster County Sheriff on the 9^th day of December, 2003.  Motion carried unanimously.

Moved by Gill, seconded by Nolting to table contract Extension Renewal with Enlighten Technologies, Inc. for videoconferencing services until November 18, 2003.  Motion carried unanimously.

Moved by Nolting, seconded by Magnusson to receive and place on file request from Gowrie City Council to repeal the local option sales and service tax passed on September 16, 2003 special election, and adopt and authorize Chair to sign the following resolution: 

RESOLUTION

TO REPEAL LOCAL OPTION SALES AND SERVICE TAX

WHEREAS, the voters of the City of Gowrie Iowa, on September 16, 2003, adopted the public measure to levy a local sales and service tax in the Incorporated City of Gowrie, Iowa, at the rate of one-half percent to be effective from January 1, 2004, until June 30, 2009, and

WHEREAS, the City of Gowrie, Iowa, requests that the Board of Supervisors of Webster County repeal the local option sales and service tax.

NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors of Webster County, Iowa, by authority of the Code of Iowa, Chapter 422B.9 and 422B.1(9), declares the local sales and service tax in the Incorporated City of Gowrie, Iowa, to be repealed, effective December 31, 2003.

Signed and sealed at Fort Dodge, Iowa, this 4th day of November, 2003.

                                                                                                                Webster County Board of Supervisors                                                                             

                                                                                                                S/Eddie Peterson, Chairman

ATTEST:

S/Carol Messerly, County Auditor

Motion carried unanimously.

Moved by Magnusson, seconded by Condon to receive and place on file request from Harcourt City Council to repeal the local option sales and service tax passed on September 16, 2003 special election, and adopt and authorize Chair to sign the following resolution: 

RESOLUTION

TO REPEAL LOCAL OPTION SALES AND SERVICE TAX

WHEREAS, the voters of the City of Harcourt Iowa, on September 16, 2003, adopted the public measure to levy a local sales and service tax in the Incorporated City of Harcourt, Iowa, at the rate of one-half percent to be effective from January 1, 2004, until June 30, 2009, and

WHEREAS, the City of Harcourt, Iowa, requests that the Board of Supervisors of Webster County repeal the local option sales and service tax.

NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors of Webster County, Iowa, by authority of the Code of Iowa, Chapter 422B.9 and 422B.1(9), declares the local sales and service tax in the Incorporated City of Harcourt, Iowa, to be repealed, effective December 31, 2003.

Signed and sealed at Fort Dodge, Iowa, this 4th day of November, 2003.

                                                                                                                Webster County Board of Supervisors                                                                               

                                                                                                                 S/Eddie Peterson, Chairman

ATTEST:

S/Carol Messerly, County Auditor

Motion carried unanimously.

Moved by Condon, seconded by Gill approve and authorize Chair to sign permit application from Eric Larson to place sub-drain in west road right of way ditch along residence at 1775 Hayes Avenue in the Southeast Quarter of Section 7, Douglas Township.  (Copy on file in Engineer’s office).  Motion carried unanimously.

Moved by Gill, seconded by Nolting to adopt the following Resolution:

WEBSTER COUNTY’S SNOW AND ICE REMOVAL POLICY

WHEREAS THE WEBSTER COUNTY BOARD OF SUPERVISORS DESIRES TO ADOPT A RESOLUTION TO ESTABLISH THE POLICY AND LEVEL OF SERVICE IN RESPECT TO CLEARANCE OF SNOW OR ICE AND MAINTENANCE OF WEBSTER COUNTY'S SECONDARY ROADS DURING THE WINTER MONTHS.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF WEBSTER COUNTY, IOWA:

SECTION 1 -- PURPOSE

The purpose of this resolution is to establish Webster County's policy and level of service in respect to clearance of snow or ice and maintenance of its secondary road system during the winter months, specifically defined as November through April, as provided in Section 668.10(2) (2001), Code of Iowa, and pursuant to the provisions of Section 309.67, Code of Iowa.  This policy and level of service are to be implemented within the amount of money budgeted for this service, and as contained in Webster County's secondary road budget as submitted to and approved by the Iowa Department of Transportation and adopted by the Board of Supervisors.  The clearance of roads at any cost, under any circumstances, day or night, is not the County's policy.

SECTION 2 -- LEVEL OF SERVICE

Clearance of snow or ice and maintenance of the secondary road system during the winter months is primarily for the benefit of the local residents of Webster County.  Each storm has individual characteristics and must be dealt with accordingly. The portion of the roadway improved for travel will have upon it snow and ice in compacted condition.  These conditions may be continuous, or they may be more concentrated on hills, in valleys, curves, and/or intersections.  The County's existing snow removal equipment will be utilized for this purpose.  On occasion County personnel may be rendered unavailable due to the requirements of the Omnibus Transportation Employee Testing Act of 1991.  Except for "emergencies" as determined by the County Engineer's professional judgment, or his/her designee acting in his/her absence, on a case by case basis, all clearance of snow or ice, sanding, salting, and other maintenance respecting winter conditions shall be accomplished within the amount of money budgeted for this service and as practicable.  The entire width of that portion of the road improved for travel may not be cleared of snow, ice, compacted snow and ice, or frost.  Snow cleared from that part of the roadway improved for travel shall be placed on or in the adjacent shoulder, ditch, or right of way.  Snow can be expected to accumulate adjacent to the traveled portion to the extent that a motorist's sight distance to both the left and right may be greatly reduced or impaired.  The snow removed from intersections will be piled in its corners in piles of unequal height.  The lines of sight, sight distance, or visibility of motorists approaching these intersections may be greatly reduced or impaired.  The County shall not be responsible for snow pushed or otherwise placed on the roadway or shoulders by others.  Motorists shall drive their vehicles during these conditions with additional caution and watchfulness, especially in respect to the surface of the roadway, and reduced or impaired visibility, and are advised to reduce their speed at least 25 miles per hour below that legally permitted or advised under normal conditions. In respect to roadways that have only one lane open, further extreme watchfulness and caution should be exercised by the motorist, and their speed should not exceed 10 miles per hour. During these conditions, no additional warning or regulatory signs will be placed warning of impaired sight distances, visibility at intersections, road blockages, one-lane conditions, or that the road surface is slick or slippery, or what the advised speed should be.

SECTION 3 -- SEQUENCE OF SERVICE

In the implementation of snow and ice removal and other maintenance of the County's secondary road system during the winter months, the County Engineer shall select the actual sequence of roads to be cleared as provided for in this section of the ordinance, and shall determine when drifting, wind velocity, and additional snow or snowstorms require that the snow removal equipment be removed from the roadway, or that additional clearance of paved roads be accomplished prior to the clearance of gravel and dirt roads.  The County Engineer's professional judgment, or his/her designee's, shall prevail, unless it is clearly erroneous.

1.PAVED ROUTES

A.The initial effort will be to get all routes open to two-lane traffic as soon as possible and or practicable. During initial snow removal operations, paved roads may only have one lane plowed for a period of time.

B.After two-lane travel is possible, subsequent snow removal will be carried on during normal working hours.

C.The truck mounted snowplows and spreaders will not normally be in operation between the hours of 6:00 P.M. – 4:00 A.M. The trucks may be called off the road if snow and blowing reduces visibility to hazardous working conditions, in the professional judgment of the Engineer or his delegated representative.

D.When required, due to drifting snow, motor graders may be used to keep the paved roads open and the opening of gravel may be delayed.

E.It is not the policy of the County to provide a "dry" pavement condition.

F.After roads have been plowed, as provided in this section, intersections, hills, and curves may have placed on them, salt, sand, or other abrasives.  These intersections, hills, and curves may not be re-sanded, re-salted, or have other abrasives replaced on them between snowstorms.  Routes having an annual average daily traffic count (ADT) greater than 2000 vehicles per day based on the latest Iowa Department of Transportation Traffic County Map may continuously have sand, salt, or other abrasives spread on them.

2.UNPAVED ROADS

A.The initial effort will be to get all routes opened to one-lane traffic as soon as possible and/or practicable after a storm has passed.

B.After one-lane travel is possible, subsequent snow removal will be carried on during normal working hours.

C.Motor graders and/or truck plows will not normally be in operation between the hours of 6:00 P.M. – 4:00 A.M.  The motor graders and/or truck plows may be called off the road if snow and blowing reduces visibility to hazardous working conditions, in the professional judgment of the Engineer or his/her delegated representative.

D.Snow may not be removed from roads designated as Level B.

3.PRIVATE DRIVES

The County will not clear snow from private drives.  Normal snow removal operations may result in snow being deposited in private drives.  Snow from private drives shall not be placed on the roadway or shoulders. 

4.MAILBOX REPLACEMENT

The County will replace mailboxes destroyed or damaged during snow removal operations.  Replacement mailboxes will be generic standard sized metallic boxes.

SECTION 4 -- LIMITATION OF SERVICE

There is no time limit after a snowstorm in which any of the above sequence of clearance, on paved or unpaved roads, shall take place.

Notwithstanding anything else stated in this resolution, the policy and level of service provided for in this resolution shall not include the following, and the following services shall not be performed:

1.Sanding, salting, or placing other abrasives upon the roadways that are slick, slippery, and dangerous due to the formation of frost, that occurs outside the County’s usual working hours, except under emergency conditions as noted in Section 5. 

2.Sanding, salting, or placing of other abrasives upon paved roadways due to freezing rain that occurs outside the County's usual working hours, except under emergency conditions as noted in Section 5.

3.Placing of additional warning or regulatory signs warning of impaired sight distances, visibility at intersections, road blockages, one-lane conditions, or that the road surface is slick or slippery, or what the advised speed should be.

4.Sanding, salting, or placing abrasives upon any road, except for paved roads.  If in the opinion of the County Engineer, or his/her designee, an "emergency" exists and ice has built up on hills and intersections on the gravel system that slope down to another road so as to become dangerous, abrasive material may be applied at these locations as crew and equipment availability allows and only as a last resort.  This condition will not, under any circumstances, take a higher priority than placing of abrasive material on the paved road system and will only be done after the paved roads are cleared of ice and snow.  Abrasive material will also only be placed after other mechanical means have been tried and failed, such as scraping with motor graders.

5.Removing of sand, salt, or other abrasives.

6.Plowing, sanding, salting, or placing of abrasives on any road that is not within the jurisdiction of the county, unless it is agreed to do so by a 28-E Agreement between the county and the entity having jurisdiction of the road.

SECTION 5 – EMERGENCY

Service or the level or sequence of service may be suspended during "Emergency" conditions.  An "Emergency" condition shall be considered as one where loss of life is probable, where a serious injury has occurred, or where extensive loss of property is imminent.  These conditions should be verified through the E911 dispatcher or Sheriff's Office.  The County may respond to all "Emergency" conditions, either during or after a snowstorm.  Any person who makes a false report of an "Emergency" to an officer, official, or employee of Webster County or who causes a false report to be so made shall, upon conviction, be subject to a fine of not more than $100.00 or imprisonment of not more than 30 days in the County jail. Service or the level or sequence of service shall be further suspended in the event the Governor, by proclamation, implements the State Disaster Plan, or the Chairman of the Board of Supervisors, by proclamation, implements the County Disaster Plan.  If such occurs, the County personnel and equipment shall be immediately subject to the direction of the Governor or the Chairman of the Board of Supervisors.

SECTION 6 – REPEALER

All ordinances and resolutions, or parts thereof, in conflict herewith are hereby repealed.

PASSED AND APPROVED this 4^th day of November, 2003.

Webster County Board of Supervisors                         

                                                                                                                S/Eddie Peterson, Chairman

                                                                                                                S/Floyd A. Magnusson

                                                                                                                S/Phil Condon

                                                                                                                S/James Gill

                                                                                                                S/Greg Nolting

ATTEST:

S/Carol Messerly, County Auditor

Motion carried unanimously.

Moved by Nolting, seconded by Magnusson to allow claims.  Motion carried unanimously.

Moved and seconded the meeting adjourn.