August

Regular Meeting

August 3, 2004

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

Moved by Nolting, seconded by Peterson to approve minutes of July 27, 2004 meeting.  Motion carried unanimously.

Moved by Peterson, seconded by Magnusson to receive and place on file resignation of Madai Taylor, effective July 23, 2004.  Motion carried unanimously.

Moved by Magnusson, seconded by Nolting to receive and place on file Manure Management Plan for M & K Management in Section 18, Burnside Township. (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Nolting, seconded by Peterson to receive and  place on file Semi Annual Report of Treasurer for period January 1, 2004 through June 30, 2004.  (Copy on file in Auditor’s office).  Motion carried unanimously. 

Moved by Peterson, seconded by Magnusson to receive and place on file Treasurer’s Report regarding delinquent property taxes in Webster County.  (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Magnusson, seconded by Nolting to approve and authorize chair to sign resolution to add farm-to-market funded VeraSun RISE Project RFM-CO94(58)—54-94 not in the current secondary road construction program.

RESOLUTION TO ADD FARM-TO-MARKET FUNDED PROJECT NOT IN

THE CURRENT SECONDARY ROAD CONSTRUCTION PROGRAM

BE IT RESOLVED:  That the Board of Supervisors of Webster County, Iowa, initiates and recommends that the following project be approved by the Iowa Department of Transportation for improvement with Farm-to-Market Funds for the period covering the current secondary road construction program:

                Route Number:  P33 (Hayes Avenue)

                Project Number:  RFM-CO94(58)—54-94

Type of Work and Location of Project:  Grade and Pave 2000 feet of Hayes Avenue between Section 19 & 20, T89N, R29W, Douglas Township and construct turning lanes at junction of Iowa Highway 7 and Hayes Avenue

Estimated Costs:  $566,952

Date:  August 3, 2004                                                                                              S/James Gill

                                                                                                                                 Acting Chairman, Board of Supervisors

Attest:

S/Carol Messerly

Webster County Auditor

Motion carried unanimously.

Moved by Nolting, seconded by Peterson to approve and authorize Chair to sign utility permit application from Frontier Communications to bury approximately 1605 feet of telecommunications cable along the west side of Richmill road in Section 35, Douglas Township.  (Copy on file in Engineer’s office).  Motion carried unanimously.

Moved by Peterson, seconded by Magnusson to approve and authorize Chair to sign two utility permit applications from Lehigh Valley Cooperative to bury telecommunications cable in Burnside. (Copy on file in Engineer’s office).  Motion carried unanimously.

Moved by Magnusson, seconded by Nolting to allow claims for Homestead and Military Credits for taxes to be paid in Fiscal Year 2004-2005.  (Copy on file in Auditor’s office).  Motion carried unanimously.

At 10:25a.m. it was moved by Magnusson, seconded by Nolting to go into closed session pursuant to Section 21.5(1) (c) to discuss pending litigation.  Roll call:  ayes-Magnusson, Nolting, Peterson and Gill nays-none.  Condon absent.  Motion carried.

At 10:41a.m. it was moved by Nolting, seconded by Peterson to return to open session.  Roll call:  ayes-Magnusson, Nolting, Peterson and Gill nays-none.  Condon absent.  Motion carried.

Moved and seconded the meeting adjourned.

Regular Meeting

August 10, 2004 - 10:00a.m.

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

Moved by Gill, seconded by Nolting to approve minutes of August 3, 2004 meeting.  Motion carried unanimously.

Moved by Nolting, seconded by Magnusson to receive and place on file Drainage Repairs for DD #197.  Motion carried unanimously.

Moved by Magnusson, seconded by Gill to accept resignation of Jean Greve, Clerk in Recorder’s office, effective August 17, 2004.  Motion carried unanimously.

Moved by Gill, seconded by Nolting to approve family medical leave/leave of absence for Christina Ralston, effective August 1, 2004.  Motion carried unanimously.

Moved by Nolting, seconded by Magnusson to approve employment of Roseann Vinsand, MH/DD Case Manager at the rate of $13.95 per hour, effective August 16, 2004, per recommendation of Irene Blair, CPC Administrator.  Motion carried unanimously.

Moved by Magnusson, seconded by Gill to approve and authorize Chair to sign MH/DD Provider Contracts for the following:  New Hope Village, Center Associates and Trinity Regional Hospital.  Motion carried unanimously.

Moved by Gill, seconded by Nolting to approve and authorize Chair to sign agreement with the University of Iowa and Webster County Disabilities Alliance as a subcontractor to receive a grant of $2,000.00 for the Leisure Companion program, a community change project.

Moved by Nolting, seconded by Magnusson to table funding for Iowa Central Industries transportation project until more information is available.  Motion carried unanimously.

Moved by Magnusson, seconded by Gill to approve and authorize Chair to sign resolution to execute Agreement for Local Agency highway-Railway Grade Separation Improvements with Chicago Central and Pacific Railroad Company on South 22^nd Street Bridge Replacement Project.  Motion carried unanimously.

Moved by Gill, seconded by Nolting to approve and authorize Chair to sign Purchase Agreement for right-of-way requirements with New NGC, Inc., a Delaware Corporation on South 22^nd Street Bridge Replacement Project.  Motion carried unanimously.

Moved by Nolting, seconded by Magnusson to approve and authorize Chair to sign permit application from Kenny Johnson and Roger Swasand to harvest grass vegetation in east road ditch along Vincent Avenue from the north city limits of Vincent to 130^th Street.  Motion carried unanimously.

Moved by Nolting, seconded by Magnusson to allow claims.

At 7:00p.m. a Public Hearing was held on the first consideration to amend the Zoning Ordinance 024 to rezone property from A-1 Agricultural to A-2 Agricultural for Lots 2, 3 and 8, County Auditor’s Plat of the NE ¼ of the SE ¼ lying north of the road, in Section 18, Township 88 North, Range 28, West of the 5^th P.M., Webster County, Iowa; for Taxing purposes referred to as “Coal Banks Road”, AND all that part of the vacated Public Road known as “The Coal Banks Road” abutting.  Rick Peters and Russ Clark intend to subdivide the property and sell lots.  And further to amend the Future Land Use Map in the Comprehensive Plan from A-1 Agricultural to A-2 Agricultural for the above described property.

Objections were heard from several area residents with concerns of safety, quality of life, school bus, water quality, septic tank systems, increase traffic, increase property taxes and the potential from more accidents.  Following discussion it was moved by Magnusson, seconded by Gill to approve first consideration to amend the Zoning Ordinance 024 to rezone property from A-1 Agricultural to A-2 Agricultural for Lots 2, 3 and 8, County Auditor’s Plat of the NE ¼ of the SE ¼ lying north of the road, in Section 18, Township 88 North, Range 28, West of the 5^th P.M., Webster County, Iowa, with the condition that Rick Peters and Russ Clark, representing RPRC, LLC agree in writing to the following:  1) Only five lots shall be allowed on the above described property excluding lots for road and well; and 2) Lots shall not be further subdivided by future owners;  and further that the third and final consideration of said zoning amendment be for 7:00p.m. on September 7, 2004.  Roll call vote:  Ayes – Condon, Magnusson and Gill.  Nays – Peterson and Nolting.  Motion carried.

Moved and seconded the meeting adjourned.

Regular Meeting

August 17, 2004

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

Moved by Gill, seconded by Nolting to approve minutes of August 10, 2004 meeting.  Motion carried unanimously. 

Moved by Nolting, seconded by Magnusson to receive and place on file the following Drainage Repairs:  D.D.#2, D.D.#197, D.D.#340, D.D.# 372 and D.D.#107 Webster & #221 Boone.  Motion carried unanimously. 

Moved by Magnusson, seconded by Gill to receive and place on file Report of Webster County Agricultural Extension Operating fund for FY04.  (Copy on file in Auditor’s office).  Motion carried unanimously. 

Moved by Gill, seconded by Nolting to approve and authorize Chair to sign MH/DD Provider Contracts for the following:  Exceptional Persons, Inc., Gannon Center – Clinton, Gannon Center-Dubuque, and Abbe Center.  (Copies on file in CPC’s office).  Motion carried unanimously. 

Moved by Nolting, seconded by Magnusson to approve and authorize Chair to sign utility permit application from Lehigh Valley Coop Telephone to attach 1 ¼ inch cable for cable television along the north side of the bridge across the Des Moines River in Lehigh.  (Copy on file in Engineer’s office).  Motion carried unanimously. 

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

Moved and seconded the meeting adjourned.

Regular Meeting

August 24, 2004

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

Moved by Gill, seconded by Nolting to approve minutes of August 17, 2004 meeting.  Motion carried unanimously. 

Moved by Nolting, seconded by Peterson to receive and place on file Drainage Repairs in D.D.#197.  Motion carried unanimously. 

Moved by Peterson, seconded by Magnusson to receive and place on file the following Manure management Plans:  Steve Grettenberg, Section 4, Dayton Township;  Carl Sandgren, Section 23, Roland Township and West Roland Pork, Section 9, Roland Township.  (Copies on file in Auditor’s office).  Motion carried unanimously. 

Human Rights Commission to discussed continued funding of position with the board.  They advised the Board that the current executive director will be retiring on December 31, 2004 and they would appreciate continued support.  No action taken. 

Moved by Gill, seconded by Nolting to approve and authorize Chair to sign resolution of support for a method of Secondary road and Farm-to-Market road Use Tax allocation as proposed by the Secondary Road Fund Distribution Advisory Committee.
 

Resolution of support

for a method of Secondary Road and Farm-to-Market Road Use Tax allocation

as proposed by the Secondary Road Fund Distribution Advisory Committee

per Section 312.3C of the Code of Iowa

Whereas, the former method of determining inter-county allocations of Secondary Roads and Farm-to-Market Road Use Tax revenues, known as the Quadrennial Needs Study, was discontinued by SF 2192, 2002 Iowa Acts, and, 

Whereas, the Secondary Road Fund Distribution Advisory Committee, pursuant to the mandate of Iowa Code Section 312.3C, has developed and recommended a new method known as the “Factor Breakdown Method”, and, 

Whereas, after due study, Webster County has determined that the proposed method will provide a base level of funding for all counties, and will allow for the allocation of funds to shift as population, system size, and traffic change, and, 

Whereas, the proposed method has been endorsed by the Executive Boards of the Iowa County Engineers Association and the Iowa State Association of County Supervisors, 

Now Therefore, Be it Resolved that Webster County, Iowa hereby endorses the adoption of the Factor Breakdown Method by the Legislature as presented by the Secondary Road Fund Distribution Advisory Committee, to become effective in FY 2007 and be phased in over a five-year period.

Recommended:

S/Randall J. Will                      Date: 8-24-04

County Engineer

Approved:

S/Phil Condon                         Date:  8-24-04

County Supervisor

S/James Gill                            Date:  8-24-04

County Supervisor

S/Greg Nolting                        Date:  8-24-04

County Supervisor

S/Eddie Peterson                     Date:  8-24-04

County Supervisor

S/Floyd Magnusson                Date:  8-24-04

County Supervisor

Attest:

S/Carol Messerly                    Date:  8-24-04

County Auditor

Motion carried unanimously.

Moved by Nolting, seconded by Peterson to approve and authorize Chair to sign resolution to participate in the IDOT Traffic Safety Improvement Funding Program with a project on P59 south of Badger.

RESOLUTION APPROVING WEBSTER COUNTY’S PARTICIPATION IN

THE IOWA DEPARTMENT OF TRANSPORTATION TRAFFIC SAFETY

IMPROVEMENT FUNDING PROGRAM

WHEREAS, the Office of Traffic and Safety administers the Iowa Department of Transportation Traffic Safety Improvement Program, which is funded by one-half of 1 percent off the top from the Road Use Tax Fund, and 

WHEREAS, the purpose of the Traffic Safety Improvement Program is to provide funding for traffic safety improvements that include road construction projects to correct deficiencies at high accident locations with acceptable benefit-to-cost ratios, and 

WHEREAS, Webster County desires to submit a Site Specific Traffic Safety Improvement Fund Application that involves the improvement of 5400 feet of horizontal and vertical realignment of curves on Paragon Avenue (Route P59), located approximately 1.5 miles south of the corporate limits of Badger, at the intersection of 140^th Street, and 

WHEREAS, the total estimated cost of the proposed project is $600,00 and the safety funds requested for the project is $500,000. 

NOW, THEREFORE, BE IT RESOLVED that the Webster County Board of Supervisors fully endorses this proposed project and authorizes the Chair and County Engineer to sign all necessary application documents and to submit the same to the Iowa Department of Transportation. 

BE IT FURTHER RESOLVED that the Webster County Board of Supervisors will assure the required local match is provided through the use of Webster County Road Funds, if the application is approved by the Iowa Department of Transportation. 

PASSED AND APPROVED this 24^th day of August, 2004.
 

S/Phil Condon

Webster County Board of Supervisors

ATTEST:

S/Carol Messerly

Webster County Auditor
 

Motion carried unanimously.
 

At 10:15a.m. a Public Bid Letting for furnishing liquid propane to county shops was held.  Moved by Magnusson, seconded by Gill to award low bid submitted by W & H Cooperative Oil Company at eighty-nine cents per gallon.  Motion carried unanimously. 

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

Moved and seconded the meeting adjourned.

Regular Meeting

August 31, 2004

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

Moved by Gill, seconded by Nolting to approve minutes of August 24, 2004 meeting.  Motion carried unanimously.

Moved by Nolting, seconded by Peterson to approve employment of Bonnie Wertz and Marvin Leffingwell, Jr. at an hourly rate of $6.00 as part-time peer staff for the Friendship Center, effective September l, 2004, per recommendation of Irene Blair.  Motion carried unanimously.

Moved by Peterson, seconded by Magnusson to approve appointment of Eddie Peterson as FEMA Representative authorizing him to sign applications for funding.  Motion carried unanimously.

Moved by Magnusson, seconded by Gill to approve and authorize Chair to sign Addendum No. 22, Fiscal Year 2004-05 Webster County Law Enforcement Center Memorandum of Understanding.  (Copy on file in Auditor’s office).  Motion carried unanimously.

Board of Supervisors drew lots to arrange the names of candidates for the nonpartisan offices listed on the general election ballot per section 49.31 (2) Code of Iowa as follows:  Soil and water Conservation Commissioner (Elect Three):  1.  David Stein, 2. Ed Brennan, 3. Jacqueline L. Johanson.  Webster County Extension Council (Elect Four): 1. Janet Albrecht, 2. Rick Hotz, 3. Patty Croonquist, 4. Brian J. McLoughlin.

Moved by Gill, seconded by Nolting to approve and authorize Chair to sign the following resolution:

RESOLUTION

WHEREAS, Webster County is required to resubmit a 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 Webster County Board of Supervisors hereby approves and authorizes, Webster County Engineer Randall J. Will, to be the authorized representative for Webster County to sign and file documents with Iowa Emergency Management Division. 

PASSED AND APPROVED this 31^st day of August, 2004.

S/Phil Condon, Chair

Webster County Board of Supervisors

ATTEST:

S/Carol Messerly

Webster County Auditor

Motion carried unanimously. 

Moved by Nolting, seconded by Peterson to table approval of Catastrophic Illness Donation Policy until reviewed with collective bargaining units.  Motion carried unanimously. 

Moved by Peterson, seconded by Magnusson to approve and authorize Chair to sign a limited easement to Xenia rural Water District to install water pipeline to county maintenance facility at 24941 306^th Street, Burnside.  (Copy on file in Engineer’s office).  Motion carried unanimously. 

Moved by Magnusson, seconded by Gill to approve and authorize Chair to sign utility permit application from Webster-Calhoun cooperative Telephone Association to bury cooper telecommunications cable along the west side of Paragon Avenue in Section 28, Badger Township from 140^th Street south to Jim Harvey residence at 1429 Paragon Avenue.  (Copy on file in Engineer’s office).  Motion carried unanimously. 

Moved by Gill, seconded by Nolting to approve and authorize chair to sign utility permit application from MidAmerican Energy to bury electrical transmission line across Nelson Avenue between Sections 7 and 8, Burnside Township to David Mickelson residence at 2965 Nelson Avenue.  (Copy on file in Engineer’s office).  Motion carried unanimously. 

Moved by Peterson, seconded by Magnusson to approve 5- Day Class B Beer Permit for Des Moines Skydivers, effective September 2 through September 6, 2004.  Motion carried unanimously.
 

Moved and seconded the meeting adjourned.