January

Re-organizational Meeting

January 2, 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 Condon, seconded by Gill to appoint Eddie Peterson as temporary Chairperson. Motion carried unanimously.

Moved by Magnusson, seconded by Gill to appoint Phil Condon Chairperson for year 2004.  Motion carried unanimously.

Moved by Magnusson, seconded by Nolting to appoint James Gill Vice-Chairperson for Year 2004.  Motion carried unanimously.

Moved by Gill, seconded by Nolting to approve minutes of December 30, 2003 meeting.  Motion carried unanimously.

Moved by Nolting, seconded by Peterson to authorize Auditor to issue warrants for Year 2004 when Board is not in session for the following named purposes: freight, express, postage, utilities, salaries and payroll where such compensation shall have been previously fixed by the Board upon Certificate of the officer or foreman under whom such compensation shall have been earned. Motion carried unanimously.

Moved by Peterson, seconded by Magnusson to table approval of Board appointments.  Motion carried unanimously.

Moved by Magnusson, seconded by Gill to approve the following Board Members to serve on the various Boards.

Motion carried unanimously.

Moved by Nolting, seconded by Peterson to table approval of the Webster County Condemnation Jury for year 2004.  Motion carried unanimously. 

Moved by Peterson, seconded by Magnusson to approve The Messenger, Dayton Review and Gowrie News as the Official Newspapers of Webster County for Year 2004.  Motion carried unanimously.

Moved by Magnusson, seconded by Gill to approve renewal of Class B Beer permit for Back to Basics Country Store.  Motion carried unanimously.

Moved and seconded the meeting adjourned.

Regular Meeting

January 6, 2004

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

It was noted for the record that Calvary Baptist Church’s request for an exemption was table to this date, but has been pulled from the agenda per request of said Church.

Moved by Gill, seconded by Nolting to approve minutes of January 2, 2004 Re-organizational meeting.  Motion carried unanimously.

Moved by Nolting, seconded by Peterson to approve the following Board appointments:  Orville O’Connell , Conservation Board, five year term;  Ray Ault, Veteran Affairs Commission, three year term;  Michael Donahue and Mary Brown, Human Rights Commission, two year term;  Dr. Ed DeHaan, Steve Beeghley, and James Gill, Board of Health, three year term;  Robert Stark, Board of Adjustment, five year term;  Jon E. Anderson, Garrett Geisler, and Dick Bothe, Planning and Zoning Board, five year terms;  Paul Fortune, Dale Struecker, Kim Motl, and Dennis Chase, Compensation Board, four year term;  Phil Condon, Dan Van Ornum, John Moeller, Judy Cosgrove, Vicki Gill, Richard Holst, Randy Will, Tony Jorgenson, Charlie Miller, Steve Will, Roger Taylor, Mike Passow, and Chris O’Brien, all to Safety Commission, appointed yearly;  Tony Jorgenson, Disaster Services Coordinator, appointed yearly;  Eric Eide, Drainage Attorney, appointed yearly;  Tom Barnett, Wayne Riech, Barb Passow, Steve Hanson, Bruce McCormack, Doug Dellachiesa, Bob McNally, Chris O’Brien, Greg Nolting, Al Conkling, Joe Schuster, John Gallentine, William Patterson, Ken Wieden, Brad Hoffman, Donovan Adson, and Tony Jorgenson, all to the Webster County Emergency Management Commission for 2004.  Motion carried unanimously.

Moved by Peterson, seconded by Magnusson to approve the Webster County Condemnation Jury for year 2004.

Motion carried unanimously.

Moved by Magnusson, seconded by Gill to receive and place on file Manure Management Plan annual update for Grettenberg Finisher in Section 9, Dayton Township and Swine Graphics Enterprises, L.P. in Section 7 Burnside Township.  (Copy on file in Auditor’s office).  Motion carried unanimously.

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

RESOLUTION

CONSTRUCTION EVALUATION RESOLUTION

WHEREAS, Iowa Code section 459.304(3)(2003), sets out the procedure if a board of supervisors wishes to adopt a “construction evaluation resolution” relating to the construction of a confinement feeding operation structure; and

WHEREAS, only counties that have adopted a construction evaluation resolution can submit to the Department of Natural Resources (DNR) an adopted recommendation to approve or disapprove a construction permit application regarding a proposed confinement feeding operation structure; and

WHEREAS, only counties that have adopted a construction evaluation resolution and submitted an adopted recommendation may contest the DNR’s decision regarding a specific application; and

WHEREAS, by adopting a construction evaluation resolution the board of supervisors agrees to evaluate every construction permit application for a proposed confinement feeding operation structure received by the board of supervisors between February 1, 2004 and January 31, 2005 and submit an adopted recommendation regarding that application to the DNR; and

WHEREAS, the board of supervisors must conduct an evaluation of every construction permit application using the master matrix created in Iowa Code section 459.305, but the board’s recommendation to the DNR may be based on the final score on the master matrix or may be based on reasons other than the final score on the master matrix;

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF WEBSTER COUNTY that the Board of Supervisors hereby adopts this construction evaluation resolution pursuant to Iowa Code section 459.304(3).

S/Phil C. Condon

Chair, Board of Supervisors

Date:  January 6, 2003

ATTEST:

S/Carol Messerly

County Auditor

Motion carried unanimously. 

At 10:10a.m it was moved by Magnusson, seconded by Gill to go into closed session per Section 21.5(1)© to discuss pending litigation.  Roll call vote:  Ayes-Condon, Gill, Nolting, Peterson, Magnusson.  Nays – None.  Motion carried unanimously.

At 10:30a.m. it was moved by Nolting, seconded by Peterson to return to open session.  Roll call vote:  Ayes-Condon, Gill, Nolting, Peterson, Magnusson.  Nays – None.  Motion carried unanimously.

Moved by Peterson, seconded by Magnusson to approve Option “A” as discussed in closed session.  Roll call vote:  Ayes-Condon, Gill, Nolting, Peterson, Magnusson.  Nays – None.  Motion carried unanimously.

Moved and seconded the meeting adjourned.

Regular Meeting

January 13, 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 January 6, 2004 meeting.  Motion carried unanimously.

Moved by Nolting, seconded the Peterson to table action to receive and place on file Petition by Webster County Citizens for New Jobs requesting an election be held on the proposition to approve or disapprove gambling games on an excursion gambling boat in Webster County, Iowa; per the request of said petitioners. Motion carried unanimously.

Moved by Peterson, seconded by Magnusson to receive and place on file amendment to Manure Management Plan for RSH Farms, Inc. in Section 6, Badger Township. (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Magnusson, seconded by Gill to receive and place on file dissolution of the Home Care Aide Department of Webster County Public Health and terminate the employment of Loretta Nims, Cheryl Arneson, Rhonda Cleveland and Blanche Nahnsen, effective January 16, 2004.  Motion carried unanimously.

Moved by Gill, seconded by Nolting to approve Job Description for Jail Administrator, per recommendation of Sheriff Mickelson.  (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Nolting, seconded by Peterson to approve and authorize Chair to sign contract with Calhoun-Burns and Associates for final design services on bridge replacement project on Route P29 in the Southwest Quarter of Section 1, Johnson Township.  (Copy on file in Engineer’s office).  Motion carried unanimously.

Moved by Peterson, seconded by Magnusson to approve an authorize Chair to sign 28E Funding Agreement with the City of Fort Dodge for the bridge replacement project on South 22^nd Street/Landfill Drive.  (Copy on file in Engineer’s office).  Motion carried unanimously.

Moved by Magnusson, seconded by Gill to approve and authorize Chair to sign the following Resolution: 

RESOLUTION

Motion by Magnusson, Seconded by Gill to authorize temporary closure of the following Secondary Road:

                Township:              Jackson

                Section:                   Between 33 and 34

                Address:                  Between 150^th and 160^th Street

                Closed:                    October 20, 2003

                Time:                       1:00 p.m.

                Reason:                   Bridge replacement

MOTION CARRIED:

S/Phil Condon                                                                                                                                         Date:  1/13/04

ATTEST:

S/Carol Messerly, Auditor

Webster County, Iowa

Motion carried unanimously.  

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

RESOLUTION

Motion by Gill, Seconded by Nolting to authorize temporary closure of the following Secondary Road:

                Township:              Johnson

                Section:                   Between 23 and 24

                Address:                  Fairbanks Ave. Between 190^th (Hwy. 7) & 200^th Streets

                Closed:                    December 30, 2003

                Time:                       8:00 a.m.

                Reason:                   Bridge deck replacement

MOTION CARRIED:

S/Phil Condon                                                                                                                                      Date:  1/13/04

ATTEST:

S/Carol Messerly, Auditor

Webster County, Iowa

Motion carried unanimously.

Moved by Nolting, seconded by Peterson to approve and authorize Chair to sign Project Development Agreement with Johnson Controls.  (Copy on file in Auditor’s office).  Motion carried unanimously.

Upper Des Moines discussed Fiscal Year 2004-05 funding.  No action taken.

At 10:30a.m. a Public Hearing on final consideration to amend Zoning Ordinance 024 to permit home occupation signs in Agricultural district; list signs permitted in all districts; and change violations from misdemeanors to county infractions.  No objections or comments were heard.  Moved by Gill, seconded by Nolting to approve final consideration to amend Zoning Ordinance 024 to permit home occupation signs in Agricultural district; list signs permitted in all districts; and change violations from misdemeanors to county infractions.  Roll call vote:  Ayes – Gill, Nolting, Peterson, Magnusson and Condon.  Nays – None.  Motion carried unanimously.

AMENDMENT TO ORDINANCE NUMBER 024

ZONING ORDINANCE FOR THE UNINCORPORATED PORTION

OF WEBSTER COUNTY

                WHEREAS, The zoning administrator has petitioned the Board of Supervisors to amend the zoning ordinance to: permit home occupation signs in Agricultural districts and list signs permitted in all districts, and

                WHEREAS, the Planning and Zoning Commission has held a public hearing regarding the pros and cons of the proposed change as they relate to the established policy, goals, and objectives of the Comprehensive Plan; and

WHEREAS, the procedure outlined in Article 19/Changes and Amendments of Ordinance Number 024 has been followed; and

                NOW THEREFOR, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF WEBSTER COUNTY, IOWA THAT: the Zoning Ordinance shall be amended as follows:

ARTICLE 13.  SIGNS

Section 1.  REQUIREMENTS.

1.1            Agricultural District:

1.1.3       Signs for home occupations are permitted, provided the sign shall not exceed five (5) square feet in area, the bulk regulations are met, and sign is on the premises of the home occupation.

Section 6.  SIGNS PERMITTED IN ALL DISTRICTS.

6.1.  Signs for clubs not to exceed six (6) square feet in area displaying the emblem of the club, and information on the time and locations of meetings.

6.2.  Community recognition signs not to exceed sixty (60) square feet in area.

6.3.  Bulletin boards for public, charitable or religious institutions not to exceed thirty-two (32) square feet in area.

6.4.  Memorial signs, tablets, names of buildings and date of erection when cut into masonry surface or when constructed of metal and affixed flat against a surface.

6.5.  Temporary signs or banners when authorized by the Zoning Administrator.

WEBSTER COUNTY BOARD OF SUPERVISORS

S/Phil Condon, Chair

S/Floyd A. Magnusson, Board Member

S/Eddie Peterson, Board Member

S/James Gill, Board Member

S/Greg Nolting, Board Member

                WHEREAS, The zoning administrator has petitioned the Board of Supervisors to amend the zoning ordinance to: change violations from misdemeanors to county infractions, and

                WHEREAS, the Planning and Zoning Commission has held a public hearing regarding the pros and cons of the proposed change as they relate to the established policy, goals, and objectives of the Comprehensive Plan; and

WHEREAS, the procedure outlined in Article 19/Changes and Amendments of Ordinance Number 024 has been followed; and

                NOW THEREFOR, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF WEBSTER COUNTY, IOWA THAT: the Zoning Ordinance shall be amended as follows:

Article 17.  VIOLATION AND PENALTY

Section 1. VIOLATION AND PENALTY

            The violation of any of the provisions of this Ordinance shall constitute a misdemeanor.  Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance, upon conviction, shall be subject to a fine of not more than one hundred (100) dollars or imprisonment of not more than thirty (30) days for each offense.  Each day that a violation is permitted to exist constitutes a separate offense.

            The violation of any of the provisions of this Ordinance shall constitute a county infraction pursuant to Iowa Code Section 331.307 (2003).  Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance, shall be subject to a civil penalty not to exceed five hundred dollars for each violation, or if the infraction is a repeat offense, a civil penalty not to exceed seven hundred fifty dollars for each repeat offense.  Each day that a violation occurs or is permitted by the defendant to exist, constitutes a separate offense.

WEBSTER COUNTY BOARD OF SUPERVISORS 

S/Phil Condon, Chair

S/Floyd A. Magnusson, Board Member

S/Eddie Peterson, Board Member

 S/James Gill, Board Member

S/Greg Nolting, Board Member

John Torbert updated the Board on the  Iowa Drainage Association and water quality issues. 

Jeanette Miller requested Fiscal Year 2004-05 funding for Children and Families of Iowa.  No action taken. 

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

Moved and seconded the meeting adjourned.

Regular Meeting

January 20, 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 Magnusson to approve minutes of January 13, 2004 meeting.  Motion carried unanimously.

Moved by Magnusson, seconded by Nolting to receive and place on file Petition by Webster County Citizens for New Jobs requesting an election be held on the proposition to approve or disapprove gambling games on an excursion gambling boat in Webster County, Iowa; and further to direct the Commissioner of Elections to submit said proposition to the qualified electors of this County.  The Commissioner of Elections set March 23, 2004 as the date for County-wide election.  Public comments were heard.  Greg Hora presented the board with questions and comments that he would like the Board to respond to at next weeks meeting.  Motion carried unanimously.

Moved by Nolting, seconded by Peterson to approve submission of New Jobs and Income Program Application to State of Iowa on behalf of Ethanol Plant Project.  Motion carried unanimously.

Moved by Peterson, seconded by Magnusson to receive and place on file Sheriff’s Report of Fees Collected for quarter ending December 31, 2003.  (Copy on file in the Auditor’s office).  Motion carried unanimously. 

Receive and place on file Recorder’s Report of Fees Collected for quarter ending December 31, 2003.  (Copy on file in Auditor’s office).  Motion carried unanimously. 

Approve salary schedule increase to $23,474.92 for Deanne Olson, effective February 1, 2004, per recommendation of Jan Horton.  (Copy on file in Auditor’s office). Motion carried unanimously. 

Approve Mark Gargano and Matt Lundberg as member of the Webster County Sheriff’s Reserves. (Copy on file in Auditor’s office).  Motion carried unanimously. 

Joyce DeHaan, Domestic Assault Outreach Center to discuss Fiscal Year 2004-2005 funding.  No action taken.
 

Moved and seconded the meeting adjourned.

Regular Meeting

January 27, 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 January 20, 2004 meeting.  Motion carried unanimously. 

Moved by Nolting, seconded by Peterson to receive and place on file the following Drainage Repairs:  D.D.#57 and D.D.#111.  Motion carried unanimously. 

Moved by Peterson, seconded by Magnusson to receive and place on file Report of Veteran Affairs Commission for period ending December 31, 2003.  (Copy on file in Auditor’s office).  Motion carried unanimously. 

Moved by Magnusson, seconded by Gill to receive and place on file Semi Annual Report of Webster County Treasurer for period July 1, 2003 through December 31, 2003.  (Copy on file in Auditor’s office).  Motion carried unanimously. 

Moved by Gill, seconded by Nolting to approve and authorize Chair to sign FY 2005 Grant to Counties Well Program Application.  (Copy on file in Auditor’s office).  Motion carried unanimously. 

Moved by Nolting, seconded by Peterson to receive and place on file Manure Management Plan update for Bergquist Finisher in Section 24, Dayton  and Hardin Townships.  (Copy on file in Auditor’s office).  Motion carried unanimously. 

Moved by Peterson, seconded by Magnusson to approve and authorize Chair to sign utility permit application from Frontier Communications to bury telecommunications cable along 230^th Street in Section 3, Pleasant Valley Township and Poplar Avenue and 235^th Street in Section 10, Pleasant Valley Township.  (Copy on file in Engineer’s office).  Motion carried unanimously. 

Moved by Magnusson, seconded by Gill to receive and place on file March 23, 2004 as the Election Date for the Referendum to Approve or Disapprove gambling games on a Excursion Gambling Boat in Webster County; a County-wide election.  Motion carried unanimously. 

Gregg Hora addressed the Board regarding answers to questions on the gambling issue submitted the prior week and presented more questions.  Discussion followed.  No action taken. 

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

Moved and seconded the meeting adjourned.