June

Regular Meeting

June 1, 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 May 25, 2004 meeting.  Motion carried unanimously. 

Moved by Nolting, seconded by Peterson to receive and place on file the following Drainage Repairs:  D.D.#62, and D.D.#5 Laterals 6, 7 and 8.  Motion carried unanimously. 

Moved by Peterson, seconded by Magnusson to approve salary increase for John Reedy, Part-time Correctional Officer to $ll.55 per hour, effective May 1, 2004, per recommendation of Sheriff Mickelson.  Motion carried unanimously. 

Moved by Magnusson, seconded by Gill to approve provider service rates for Northwoods Living and Iowa Central Industries.  (Copy on file in Auditor’s office).  Motion carried unanimously. 

Moved by Gill, seconded by Nolting to approve and authorize Chair to sign Substance Abuse Grant Contract with Iowa Department of Public Health.  (Copy on file in Auditor’s office).  Motion carried unanimously. 

Moved by Nolting, seconded by Peterson to approve medication policies for psychiatric medication.  (Copy on file in Auditor’s office).  Motion carried unanimously. 

Moved by Peterson, seconded by Magnusson to approve Case Management policies.  (Copy on file in Auditor’s office).  Motion carried unanimously. 

Moved by Magnusson, seconded by Gill to appoint the following to the MH/DD Advisory Board for Fiscal Year 2005:  Robert Cook, Isun Seivert, Connie Nabholz, Martha McColley, Joyce Clark, Diana Johnson, JoAnn Beall, Jim Burr, and Martha Miller, Linda Smith, Rhonda Utley, Tom Eckman, Jim Gill, Fred Breen, Deb Delp, and Mental Health Advocate.  Motion carried unanimously. 

A Public Hearing on proposed Webster County Mitigation Plan was held.  No Public comment or objections were heard.  Moved by Gill, seconded by Nolting to approve the following resolution adopting Webster County Hazard Mitigation Plan:
 

A RESOLUTION OF THE WEBSTER COUNTY BOARD OF SUPERVISORS

ADOPTING A HAZARD MITIGATION PLAN FOR WEBSTER COUNTY, IOWA.

WHEREAS, the Webster County Board of Supervisors has authorized the development of a Hazardous Mitigation Plan for the Unincorporated area of Webster County; and 

WHEREAS, a public hearing has been held in the Webster County Courthouse for the purpose of obtaining citizen input on the Hazard Mitigation Plan; 

NOW THEREFORE BE IT RESOLVED, that the Webster County Board of Supervisors, hereby adopts said plan, incorporating citizen comment and recommendations. 

PASSED AND APPROVED this 1^st day of June, 2004.

S/Phil Condon, Chairman

ATTEST:

S/Carol Messerly, Auditor

Motion carried unanimously.

Moved by Nolting, seconded by Peterson to receive and place on file the following Manure Management Plans and Plan Updates:  M & S Pork Section 25, Hardin Township;  K.R. Farm Inc. Section 2, Dayton Township; CJS Pork Section 31 Elkhorn Township; and Litchfield Realty Company Section 33 Hardin Township, Sections 27, 31, 33 and 35 Yell Township, and Section 35 Burnside Township.  Motion carried unanimously. 

Moved by Peterson, seconded by Magnusson to approve and authorize Chair to sign utility permit application from Frontier Communications to bury copper telephone cable along 160^th Street between National and Nelson Avenues.  (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 Lehigh Valley Cooperative Telephone to bury telephone cable between 2755 and 2730 290^th Street in Section 1, T87N, R28W, Sumner Township.  (Copy on file in Engineer’s office).  Motion carried unanimously. 

Moved by Gill, seconded by Nolting to approve and authorize Chair to sign resolution to temporarily close the following roads due to water over the roads:  Brushy Creek Road from the West Quarter Corner of Section 13, T87N, R27W east 0.5 miles to Xavier and Xavier Avenue from Brushy Creek Road south approximately 4 miles to Route D54; and 320^th Street from Sara Avenue at the South Quarter Corner of Section 19, T87N, R27W, east and clockwise on McGuire Bend Road approximately 6 miles to 320^th Street at the Northwest Corner of Section 27, T87N, R27W; and River Road from Skillet Creek Avenue in Section 5 T87N, R27W, east and south approximately 3 ½ miles to Skillet Creek Avenue in Section 16, T86N, r27W.  (Copy on file in Engineer’s office).  Motion carried unanimously. 

Moved by Nolting, seconded by Peterson to approve and authorize Chair to sign permit application from Larry Alliger to reshape the west road ditch at 3845 Easter Avenue in Section 27, Gowrie Township.  (Copy on file in Engineer’s office).  Motion carried unanimously. 

Moved by Peterson, seconded by Magnusson to approve and authorize Chair to sign bids and compromises of taxes of the tax sale certificates of PB #90056 to Justin and Shanna Elgi, for the amount of $3,015.00.  Motion carried unanimously. 

Moved by Peterson, seconded by Magnusson to table consideration of the approval of the following bids and compromises of taxes of the tax sale certificates as follows: PB#90005 Howard L. Larson $36,015.00, PB#90004 Howard L. Larson $19,015.00, PB#90006 Doug Zuspann  $25,015.00, and PB#90058 Roger Williams  $25,015.00, until County Attorney notifies the Board of the Attorney General’s Opinion regarding the sale of tax sale certificates.  Motion carried unanimously.
 

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

Moved and seconded the meeting adjourned.

Regular Meeting

June 8, 2004 - 10:00a.m.

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 June 1, 2004 meeting.  Motion carried unanimously. 

Moved by Nolting, seconded by Peterson to receive and place on file the following Drainage Repairs:  D.D.#4 Webster and #272 Hamilton and D.D.# 69.  Motion carried unanimously. 

Moved by Peteson, seconded by Magnusson to receive and place on file resignation of Lt. Mike Nottger of the Webster County Sheriff’s Department, effective June 25, 2004.  Motion carried unanimously. 

Moved by Magnusson, seconded by Gill to receive and place on file termination of Jill Pringle, effective June 3, 2004.  Motion carried unanimously. 

Moved by Gill, seconded by Nolting to approve bond of Hoag Plumbing and Heating, Inc. for septic system installation.  Motion carried unanimously. 

Moved by Peterson, seconded by Magnusson to deny request for assignment of tax sale certificate PB#98358, PB#98359, and PB#98360 to John Williams for the sum of $100.00 for each certificate and further the county’s abatement of all taxes, interest and penalties relating to the three certificates.  Motion carried unanimously. 

Moved by Magnusson, seconded by Gill to deny request increasing the fee for mileage charged by the Sheriff’s office for the service of civil papers and for cost incurred on court ordered transports from $0.32 per mile to $0.36 per mile, effective July 1, 2004.  Motion carried unanimously. 

Moved by Gill, seconded by Nolting to approve and authorize Chair to sign By-Laws of the Webster County MI/DD/Bi Planning Committee.  (Copy on file in Auditor’s office).  Motion carried unanimously. 

Moved by Nolting, seconded by Peterson to approve and authorize Chair to sign Memorandum of Agreement between State of Iowa Judicial Department, Webster County Board of Supervisors and Joyce Hay, Mental Health Advocate for Webster County, Iowa.  (Copy of file in Auditor’s office).  Motion carried unanimously. 

Moved by Peterson, seconded by Magnusson to approve and authorize Chair to sign resolution to temporarily close Hayes Avenue between 230^th Street and U.S. Highway 20 to allow Reilly Construction to complete construction work on U.S. Highway 20.  Motion carried unanimously. 

Moved by Magnusson, seconded by Gill to approve and authorize Chair to sign utility permit application from Nels Pederson Company to complete repairs to sanitary force main along 230^th Street adjacent to the Iowa DOT Maintenance Facility.  (Copy on file in Engineer’s office).  Motion carried unanimously. 

Moved by Gill, seconded by Nolting approve and authorize Chair to sign contract and bond from Godbersen-Smith construction Company for Bridge Replacement Project BROS-CO94(46)-5F-94 located on Route P29 south of Clare.  (Copy on file in Engineer’s office).  Motion carried unanimously. 

At 10:30a.m. a public bid letting was held for re-grade and pave approximately 1500 feet of 160^th Street along the north side of Harlan Rogers Sports Complex.  Moved by Gill, seconded by Nolting to accept low bid submitted by Fort Dodge Asphalt in the amount of $149,603.75 and authorize chair to sign contract documents at the appropriate time per Engineer’s recommendation.  Motion carried unanimously. 

Moved and seconded the meeting adjourned.

Regular Meeting

June 15, 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 the following as the Official Canvass of the Primary Election held on June 8, 2004. 

Motion carried unanimously.

Moved by Gill, seconded by Nolting to approve minutes of June 8, 2004 meeting.  Motion carried unanimously. 

Moved by Nolting, seconded by Peterson to approve temporary part-time employment of Susan J. Moore, Conservation Department at the rate of $7.25 per hour, effective June 14, 2004.  Motion carried unanimously. 

Moved by Peterson, seconded by Magnusson to approve bond of Anthony J. Goodpaster for septic system installation.  Motion carried unanimously. 

Moved by Magnusson, seconded by Gill to approve and authorize Chair to sign the following MH/DD Provider Contracts:  Calhoun County Department of Health, Easter Seals, Exceptional Opportunities, Kay Grossnickle, ARNP, Home Care Services, Kathleens Care Inc., Mental Health Counseling Service, North Iowa Vocational Center, Union Cab Company, Village NW Unlimited, Wesco Industries, Story County Development, and Mainstream Living.  (Copies on file in CPC’s office).  Motion carried unanimously. 

Moved by Gill, seconded by Nolting to receive and place on file Planning and Zoning Commission’s Report and to set 10:15a.m. on the 6^th day of July, 2004 as the time and date for public hearing to amend Webster County Zoning Ordinance #24, per petition to amend the Agricultural (A-1) and Agricultural (A-2) districts by adding the following land use as a principal use permitted:  State designated off highway vehicle parks open to the public, which are partially or completely funded through and operating under the rules of the Iowa Department of Natural Resources.  Motion carried unanimously. 

Moved by Nolting, seconded by Peterson to approve and authorize Chair to sign resolution to temporarily close 210^th Street between Williams and Xavier Avenue to repair bridge backwall.  Motion carried unanimously. 

Moved by Peterson, seconded by Magnusson to approve the recommendation of County Engineer to accept the bid for three tandem axle trucks with snow equipments from Don’s Truck Sales, Inc. for the amount of $330,475.00.  Motion carried unanimously. 

At 10:15 a.m. it was moved by Magnusson, seconded by Gill to go into closed session pursuant to Chapter 21.5(1) ( c ).  Roll call vote – Ayes:  Magnusson, Gill, Nolting, Peterson and Condon.  Nays:  None. 

At 10:37a.m. it was moved by Gill, seconded by Nolting to return to open session.  Roll call vote – Ayes:  Magnusson, Gill, Nolting, Peterson and Condon.  Nays:  None. 

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

Moved and seconded the meeting adjourned.

Regular Meeting

June 22, 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 June 15, 2004 meeting.  Motion carried unanimously. 

Moved by Nolting, seconded by Peterson to receive and place on file the following Drainage Repairs:  D.D.#204, D.D.#247 Webster & #7 Humboldt, D.D.#52 and D.D.#3 Webster & # 2 Humboldt.  Motion carried unanimously. 

Moved by Peterson, seconded by Magnusson to approve and authorize Chair to sign the following MH/DD Provider Contracts:  Spectra Health Care, Northwoods Living, Inc., Opportunity Village, Park Place, Genesis Development, Goodwill Industries, Inc. (Sioux City), Cass, Inc., Generations, Inc., Iowa Central Industries, Prabhakar Pisipati, M.D. (A psychiatrist in Clinton, IA), and Richmond Center.  (Copies on file in CPC’s Office).  Motion carried unanimously. 

Moved by Magnusson, seconded by Gill to receive and place on file resignation of Emily Hamilton, MH/DD Case Manager, effective June 30, 2004.  Motion carried unanimously. 

Moved by Gill, seconded by Nolting to approve Cigarette Permits for This “N” That Country Store and Back to Basic Country Store, effective July 1, 2004.  Motion carried unanimously. 

Moved by Nolting, seconded by Peterson to grant request of Rick Peters and Russ Clark for a variance from Webster County Subdivision Ordinance #35 to allow a private non-paved access road into proposed subdivision of the following described property:  Lots 2, 3 and 8, County Auditor’s Plat of the Northeast Quarter of the Southeast Quarter lying north of the road, in Section 18, Township 88 North, Range 28 west of the 5^th P.M., Webster County, Iowa; and all that part of the vacated public road known as Coal Banks Road abutting.  Motion carried unanimously. 

Moved by Peterson, seconded by Magnusson to approve and authorize Chair to sign resolution to temporarily close 160^th Street between Nelson and Oates Avenue to allow contractor to complete road improvements along the north side of Harlan Rogers Sports Complex.  Motion carried unanimously. 

Moved by Magnusson, seconded by Gill to approve balance of Secondary Road transfers from General Basic Fund $57,553.81 and Rural Services Funds $459,361.32, per fiscal year 2004 budget.  Motion carried unanimously. 

County Attorney Timothy Schott presented the Board with payment from Humboldt County for Attorney services, per 28E Agreement. 

At 10:27 a.m. it was moved by Gill, seconded by Nolting to go into closed session pursuant to Chapter 21.5(1)  ( c ).  Roll call vote:  Ayes – Gill, Nolting, Peterson, Magnusson and Condon.  Nays – None. 

At 10:54a.m. it was moved by Nolting, seconded by Peterson to return to open session.  Roll call vote:  Ayes – Gill, Nolting, Peterson, Magnusson and Condon.  Nays – None. 

Moved and seconded the meeting adjourned.

Regular Meeting

June 29, 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 June 22, 2004 meeting.  Motion carried unanimously. 

Moved by Nolting, seconded by Peterson to receive and place on file the following Drainage Repairs: D.D.#287, D.D.#64, D.D.#5 Laterals 2, 4 and 5, D.D. #70 Webster-#95 Calhoun and D.D.#316.  Motion carried unanimously. 

Moved by Peterson, seconded by Magnusson to approve the following Department Appropriation changes for Fiscal Year 2004:  Increase Department 003 Treasurer-MV $1,230.00 and decrease Department 007 Recorder $1,230.00; Increase Department 008 LEC $25,980.00, increase Department 051 General Services $17,746.00, increase Department 055 Social Services Bldg. $6,961.00 and decrease Department 099 Non-departmental $50,687.00.  Motion carried unanimously. 

Moved by Magnusson, seconded by Gill to approve transfer in the amount of $35,525.48 from General Basic Fund to General Supplemental per reimbursement from Child Support Recovery Unit for employee benefits.  Motion carried unanimously. 

Moved by Gill, seconded by Nolting to approve and authorize Chair to sign the following Labor Agreements effective July 1, 2004:  Courthouse Unit – One Year Contract; Jailer’s Unit – One Year Contract; Sheriff’s Deputies Unit – One Year Contract; and Webster County Road Workers – Two Year Contract.  (Copies on file in Auditor’s office).  Motion carried unanimously. 

Moved by Nolting, seconded by Peterson to approve salary correction for Rose Smith and Mike Stenzel, Full Time Correctional Officers to $11.95, effective July 1, 2004, per recommendation of Sheriff Mickelson.  Motion carried unanimously. 

Moved by Peterson, seconded by Magnusson to approve Fiscal Year 2005 salary increases (2.5%) for the following departments: 
 

County Attorney’s Office
 

County Auditor’s Office

County Recorder’s Office

Sheriff’s Office

County Treasurer’s Office

MIS Department

Planning and Zoning Administrator and GIS Specialist

Jessy Willadsen                                   $38,040.62

Conservation Department

County Engineer Office and Maintenance Staff

CPC (Disabilities Alliance)

General Relief/Veteran’s Affairs

Assessor’s Office

Motion carried unanimously.
 

Moved by Magnusson, seconded by Gill to receive and place on file Fiscal Year 2005 salary increases as follows for the Public Health Department:  Vicki Gill, Director to $50,824.16, Karen Heun to $20.70 per hour, Julie Howell to $17.66 per hour, Kathy Josten $19.71per hour, Sue Ledford to $19.08 per hour, Joan Peterson to $17.40 per hour, Rhonda Ruby to $17.90 per hour, Tammy Seward to $19.06 per hour, Dawn Gehlhausen to $16.85 per hour, June Weiss to $18.33 per hour, Kittie Webster to $20.46 per hour, Margaret Woodruff to $13.20 per hour, Kari Ruden to $16.05 per hour, Jamie Saxton and Jeri Chase to $11.00 per hour, Carol Thorn to $12.46 per hour, Kathy Stoneburner to $13.24 per hour, Beth Crosby to $12.10 per hour; Gary Boerner to $17.81 per hour; and the following part time (ranging from 1.4% to 2.2%) Madai Taylor to $17.60 per hour, Marsha Royster to $18.25, Amber Graves $16.00 per hour, contracted secretary at $10.50 per hour.  Motion carried unanimously. 

Moved by Gill, seconded by Nolting to receive and place on file Fiscal Year 2005 salary increase for Tony Jorgensen, Webster county Emergency Management Coordinator to $27,944 (80% of position) $6674, Risk Management (20% of position).  Motion carried unanimously. 

Moved by Nolting, seconded by Peterson to receive and place on file Fiscal Year 2005 salary increase for Michelle Niemand, E911 Administrator to $15.12 per hour (4% increase).  Ayes:  Gill, Nolting and Peterson.  Nay:  Magnusson. Motion carried. 

Moved by Magnusson, seconded by Peterson to deny request from Veteran Affairs Commission to compensate Carol Gehlhausen, Director and Erin Frahm, Clerk $1200.00 each, from the Veteran Affairs Budget in addition to their current salaries of $34,704.52 and $20,359.99.  Motion carried unanimously.
 

Moved by Peterson, seconded by Magnusson to adopt the following Resolution:

A RESOLUTION ESTABLISHING A FIVE DOLLAR

COUNTY ENFORCEMENT SURCHARGE

WHEREAS, counties enforce the criminal laws passed by the State of Iowa, provide the county attorneys who prosecute criminals, and even provide the courtrooms where the criminal cases are tried, but do not receive any of the criminal fine money, which all goes to the State of Iowa; and 

WHEREAS, in an attempt to begin to address this inequity the 2004 Iowa Legislature passed House File 2569, which provides that if a court imposes a fine or forfeiture for any simple misdemeanor punishable as a scheduled violation pursuant to a citation issued by the sheriff, the court shall assess a five dollar county enforcement surcharge for each applicable violation, with the surcharge going to the county general fund of the county where the citation was issued; and 

WHEREAS, section 9 of House File 2569 requires that for this county enforcement surcharge to go into effect in a given county, the board of supervisors must adopt an enacting resolution; 

THEREFORE, BE IT RESOLVED BY THE BOARD SUPERVISORS OF WEBSTER COUNTY that the Board adopts a five dollar county enforcement surcharge pursuant to House File 2569, with the surcharge to be assessed as of July 1, 2004. 

PASSED AND APPROVED this 29^th day of June, 2004.

S/Phil Condon

Chair, Board of Supervisors

ATTEST:

S/Carol Messerly

County Auditor

Motion carried unanimously.           

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

RESOLUTION
 

WHEREAS, emergencies and disasters transcend jurisdictional boundaries, making intergovernmental coordination essential in successful emergency response efforts; and 

WHEREAS, there will inevitably be emergencies which require immediate access to outside resources due to the fact that few individual governments have all of the resources they may need in every type of emergency; and 

WHEREAS, Senate File 2124, approved by the Second Session of the 79^th General Assembly in 2002, creates Iowa Code section 29C.22, the Statewide Mutual Aid Compact; and 

WHEREAS, the Statewide Mutual Aid compact allows participating counties, cities and other political subdivisions to provide in advance for mutual assistance in managing any emergency or disaster; 

THEREFORE, BE IT RESOLVED BY THE BOARD SUPERVISORS OF WEBSTER COUNTY that in order to maximize the prompt, full and effective use of resources of all participating governments in the event of an emergency or disaster, Webster County hereby adopts the Statewide Mutual Aid Compact which is attached hereto and incorporated by reference.
 

S/Phil Condon

Chairman, Webster County Board of Supervisors

Date:  June 29, 2004

ATTEST:

S/Carol Messerly

Webster County Auditor

Motion carried unanimously.
 

Moved by Nolting, seconded by Peterson to approve the following as Webster County’s authorized representatives for the Iowa Mutual Aid Compact:  Phil Condon, Chairperson; James Gill, Vice-chairperson; and Carol Messerly, County Auditor.  Motion carried unanimously. 

Moved by Peterson, seconded by Magnusson to approve the following as Webster County’s designated contacts for the Iowa Mutual Aid Compact:  Tony Jorgensen, Emergency Management Coordinator;  Michelle Niemand, E911 Administrator, and Thomas Barnett, Chairman of Webster County Emergency Management Commission.  Motion carried unanimously. 

Moved by Magnusson, seconded by Gill to approve and authorize Chair to sign Bio-Emergency Response Plan.  (Copy on file in Auditor’s office).  Motion carried unanimously. 

Moved by Gill, seconded by Nolting to approve Department Appropriation for fiscal year beginning July 1, 2004, as follows and through December 31, 2004, with the exception of full year appropriation for Department 019, 052, and 053:   (Detailed list on file in the Auditor’s Office):

Ayes:  Gill, Peterson and Magnusson.  Nay:  Nolting.  Motion carried unanimously. 

Moved by Gill, seconded by Peterson to approve and authorize temporary transfer pursuant to Chapter 331.477, Code of Iowa, in the amount of $125,000.00 from General Basic Fund to Public Health Fund, effective July 1, 2004 for start-up operating costs.  Motion carried unanimously. 

Moved by Peterson, seconded by Magnusson to approve Family Medical Leave for Rachel Higgins, effective June 15, 2004.  Motion carried unanimously. 

Moved by Magnusson, seconded by Gill to accept resignation of Beulah Torgenson, Peer Staff for the Friendship Center, effective June 17, 2004.  Motion carried unanimously. 

Moved by Gill, seconded by Nolting to approve and authorize Chair to sign the following MH/DD Provider Contracts:  Seasons Center, Children & Family of Iowa, Pamela R. Hanson, and Partnership for Progress, Inc., doing business as Willow Heights.  (Copies on file in CPC’s office).  Motion carried unanimously. 

Moved by Nolting, seconded by Peterson to approve and authorize chair to sign 28E Agreements regarding maintenance of farm to market extensions within the corporate limits of Callender, Clare, Duncombe, Farnhamville, Harcourt, Lehigh, Moorland and Vincent.  (Copies to be recorded in Recorder’s office).  Motion carried unanimously. 

Moved by Peterson, seconded by Magnusson to approve and authorize Chair to sign Iowa Department of Transportation Agreement Number 2004-R-020 for RISE Project RFM-CO94(58)-54-94.  (Copy on file in auditor’s office).  Motion carried unanimously. 

Moved by Magnusson, seconded by Gill to approve and authorize Chair to sign utility permit application from Xenia Rural Water district to bore water service line at 2297 Yankee Avenue in Section 1, Township 88 North, Range 27 West, Washington Township.  (Copy on file in Engineer’s office).  Motion carried unanimously.
 

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

Moved and seconded the meeting adjourned