January

Reorganizational Meeting

January 3, 2005

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

Honorable Judge Mark Cady conducted the swearing into office of the following elected officials taking office January 1, 2005:  Phil Condon, Greg Nolting and Joel Lizer County Supervisors;  Brian Mickelson, County Sheriff; and Carol Messerly, County Auditor.

The Auditor called the meeting to order and it was moved by Gill, seconded by Nolting to appoint Phil Condon as temporary Chairperson. Motion carried unanimously.

Moved by Nolting, seconded by Lizer to appoint Floyd Magnusson as Chairperson for year 2005. Motion carried unanimously.

Moved by Lizer, seconded by Condon to appoint Greg Nolting as Vice-Chairperson for Year 2005.  Motion carried unanimously.

Moved by Gill, seconded by Nolting to approve minutes of December 28, 2004 meeting.  Motion carried unanimously.

Moved by Nolting, seconded by Lizer to authorize Auditor to issue warrants for Year 2005 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 Lizer, seconded by Condon to approve appointments and salaries of County Sheriff and County Auditor.

Webster County Sheriff’s Office

Webster County Auditor’s Office

Moved by Condon, seconded by Gill to table until January 18, 2005 the appointment of Jamie N. Andersen, Fort Dodge/Webster County Human rights Director.  Motion carried unanimously.

Moved by Gill, seconded by Nolting to approve the following Board appointments:  Brad Luke, Conservation Commission – 5 year term;  Jack Weiderholt and Pat Porter, Veterans Commission – 3 year term; James Kersterson and Donald Zahrobsky, Board of Adjustment – 5 year term, and Clara Krog and Greg Baedke, Planning and Zoning Board – 5 year term.  Motion carried unanimously.

Moved by Nolting, seconded by Lizer to approve Webster County Condemnation Jury for year 2005.

Motion carried unanimously.

Moved by Lizer, seconded by Condon to approve appointment of Carol Gehlhausen, General Relief/Veteran’s Director for 2005 year.  Motion carried unanimously.

Moved by Condon, seconded by Gill to approve appointment of Jessy Willadson, Planning and Zoning Administrator.  Motion carried unanimously.

Moved by Gill, seconded by Nolting to approve The Messenger, Dayton Review and Gowrie News as the Official Newspapers of Webster County for Year 2005.  Motion carried unanimously.

Moved by Nolting, seconded by Lizer to approve Jeff Frye and Tom Donner to Drug Audit Committee.  Motion carried unanimously.

Moved by Lizer, seconded by Condon to appoint Eric Eide, Webster County Drainage Attorney for year 2005. Motion carried unanimously.

Moved by Condon, seconded by Gill to receive and place on file employment of James B. Tiernan, Jr. as Attorney in Child Support Recovery Unit, effective December 29, 2004 at a salary of $1,577.31 per pay period.  Motion carried unanimously.

Moved by Gill, seconded by Nolting to appoint Janece Valentine and Jim Fitzgerald to Civil Service Commission - 3 year term.  Motion carried unanimously.

Moved by Nolting, seconded by Lizer to appoint the following as Webster County Safety Commission for year 2005:  Floyd Magnusson, John Moeller, Judy Cosgrove, Vicki Gill, Randy Will, Tony Jorgenson, Matt Cosgrove, Steve Will, Roger Taylor, Mike Passow, Chris O’Brien and Dennis Quinn.  Motion carried unanimously.

John Brown with Stockwell Engineer (Ethanol Plant (Broin Company) discussed drainage plans in D.D.#5, D.D.#197, and D.D.#263.  It was agreed that upon filing of the final set of plans, the board will meet to appoint an engineer to review said plans and make recommendation to the Board. 

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

Moved and seconded the meeting adjourned.

Regular Meeting

January 11, 2005

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

Moved by Nolting, seconded by Lizer to approve minutes of January 3, 2005 Reorganization meeting.  Motion carried unanimously.

Moved by Lizer, seconded by Condon to receive and place on file Drainage Repairs in D.D.#2.  Motion carried unanimously.

Moved by Condon, seconded by Nolting to approve the following Board Members to serve on the various Boards.

Motion carried unanimously.

Moved by Nolting, seconded by Lizer to approve bond of Bruce Long DBA Long’s Farm Drainage for installation and repair of sewer systems.  Motion carried unanimously.

Moved by  Condon, seconded by Nolting to receive and place on file Iowa Central Community College Crop Year 2003 report.  Motion carried unanimously.

Moved by Nolting, seconded by Lizer to approve and authorize Chair to sign Farm Lease with Iowa Central Community College with the lease set at $135.00 per acre for one year period and a penalty at the rate of one and one-half percent, per month if not paid on time as stated in lease.  (Copy on lease on file in Auditor’s office).  Motion carried unanimously.

Moved by Lizer, seconded by Condon to approve Class C Beer permit renewal for BB’s Country Store.  Motion carried unanimously.

Moved by Condon, seconded by Nolting to approve appointment of Dr. Daniel J. Cole, Medical Examiner and Dr. Michael J. Stitt, Ass’t Medical Examiner. Motion carried unanimously.

Nicole Jones, representing Upper Des Moines and Marian Johnsen, representing Domestic/Sexual Assault Outreach Center discussed  fiscal year 2005-2006 funding.  No action taken.

Moved and seconded the meeting adjourned.

Regular Meeting

January 18, 2005

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

Moved by Lizer, seconded by Condon to approve minutes of January 11, 2005 meeting.   Motion carried unanimously.

Moved by Gill, seconded by Lizer to receive and place on file County Recorder’s Report of Fees Collected, period ending December 31, 2004.  (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Condon, seconded by Gill to receive and place on file Report of Veteran Affairs Commission, period ending December 31, 2004.  (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Gill, seconded by Lizer to receive and place on file Manure Management Plans Updates for SGE Norwest Finisher, Section 7, Burnside Township and Webster Pork, Inc., Section 22, Clay Township. (Copy on file in Auditor’s office). Motion carried unanimously.

Moved by Lizer, seconded by Condon to deny appointment of Jamie N. Andersen, Fort Dodge/Webster County Human Rights Director and adopt resolution to withdraw from 28E Agreement.  Motion carried unanimously.

Moved by Condon, seconded by Gill to approve salary increase of Deanne Olson to $12.45 per hour, effective February 1, 2005.  Motion carried unanimously.

Moved by Gill, seconded by Lizer to approve and authorize Chair to sign utility permit application from MidAmerican Energy Company to relocate existing transmission and distribution lines for the South 22^nd Street Bridge Replacement Project between Sections 32 & 33, Cooper Township.  (Copy on file in Engineer’s office).  Motion carried unanimously.

Moved by Lizer, seconded by Condon to approve rates/services addendum to the Iowa Central Industries Contract for FY05. (Copy on file in CPC’s office).  Motion carried unanimously.

At 10:30a.m. it was moved by Gill, seconded by Lizer to go into closed session in accordance with Chapter 21.5(1)(f) for General Relief Appeal Hearing.  Roll call vote:  Ayes - Condon, Gill, Nolting, and Lizer.  Nays – none.  Motion carried unanimously.

At 10:50 a.m. it was moved by Condon, seconded by Gill to return to open session. Roll call vote:  Ayes – Condon, Gill, Nolting, and Lizer.  Nays – none. Motion carried unanimously.

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

Moved and seconded the meeting adjourned.

Regular Meeting

January 25, 2005

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

At 8:30a.m. the Board of Supervisors meet to Canvass DD #96 election held January 15, 2005.  Moved by Gill, seconded by Nolting to approve the following as the official canvass of the January 15, 2005 election to elect Drainage District No. 96 Trustee:  Thomas Laufersweiler      4 votes.  Motion carried unanimously.

Moved by Gill, seconded by Nolting to approve minutes of January 18, 2005 meeting.  Motion carried unanimously.

Moved by Nolting, seconded by Lizer to receive and place on file Sheriff’s Report of Fees Collected, period ending December 31, 2004.  (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Lizer, seconded by Condon to receive and place on file Bond for William F. Kahl, DBA Kahl Construction for water, sewer, and septic tank installation.  Motion carried unanimously.

Moved by Condon, seconded by Nolting to approve salary increase for Tony Walter to $35,405.90 per year, effective January 26, 2005, per recommendation of the Sheriff.  Motion carried unanimously.

Moved by Nolting, seconded by Lizer to receive and place on file Treasurer’s Semi Annual Report for the period July 1, 2004 – December 31, 2004. (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Lizer, seconded by Condon to authorize Chair to sign final CDBG Grant Funding Report for Rabiner Treatment Center.  (Copy on file in Auditor’s office). Motion carried unanimously.

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

RESOLUTION APPROVING WEBSTER COUNTY’S

PARTICIPATION IN A RISE FUNDING PROGRAM 

WHEREAS, the Code of Iowa authorizes the RISE Program as a mechanism to assist the location of industries within Iowa by providing incentives to local governments to assist in funding road improvements when such is required as part of the industrial location criteria; and

WHEREAS, the Iowa Department of Transportation has established program guidelines and has provided procedures for submitting application for the RISE program; and

WHEREAS, Webster County has actively pursed industrial businesses to establish operations at the intersection of 320^th Street and the Union Pacific Railroad north of Gowrie, Iowa, and has received a location proposal from developer Broin Companies dba Frontier Ethanol; and

WHEREAS, the developer has indicated a desire to construct a new industrial plant on an approximate 60 acre site that will create new job opportunities for the Webster County area; and

WHEREAS, the initial improvements to facilitate the Frontier Ethanol facility will also provide access for an additional industrial area; and

WHEREAS, a key ingredient in the selection of the site is access to major highways, and more specifically, the construction of a paved access to the proposed plant location, with such action representing an immediate non-speculative opportunity for Webster County; and

WHEREAS, the roadway will remain dedicated to public use and under the jurisdiction of Webster County, who will be responsible for it s maintenance.

NOW, THEREFORE, BE IT RESOLVED by the Webster County Board of Supervisors that:

The Webster County Board of Supervisors fully endorses the improvement of 320^th Street, and authorizes the Chair to sign all necessary application documents and to submit the same to the Iowa Department of Transportation; and that

The Webster County Board of Supervisors will solicit the services of the MIDAS Council of Governments and the Association of Business and Industry to assist in application preparation; and that

The Webster County Board of Supervisors will assure the required local match is provided to the RISE funds through the use of Webster County Road Funds and/or Tax Increment Financing Funds, if approved by the Iowa Department of Transportation.

PASSED AND APPROVED this 25^th day of January, 2005.

S/Floyd A. Magnusson, Chair

Webster County Board of Supervisors

ATTEST:

S/Carol Messerly

Webster County Auditor

Motion carried unanimously.

Moved by Condon, seconded by Nolting to table until February 8, 2005, approval of salary increase for Jamie Johll to $61,619 per year, effective January 24, 2005 per recommendation of the Engineer.  Ayes:  Magnusson, Nolting, Lizer and Condon.  Nay: Gill. Motion carried.

Moved by Nolting, seconded by Gill to approve Myron Groat as the Board of Supervisor’s representative for the Comp Board, term expires June 30, 2007.  Motion carried unanimously.

Moved by Gill, seconded by Lizer to approve amendment to Webster County Handbook.

2.3 Complaint Procedure

Any person who feels he/she has been discriminated against because of any of the factors listed above may take his/her complaint to either:

1. The Iowa Civil Rights Commission within 180 days of the last date of the alleged violation of discrimination, c/o Iowa Civil Rights Commission, Grimes State Office Building, 400 E. 14th Street
   Des Moines, IA 50319-1004, 515-281-4121, 1-800-457-4416, Fax 515-242-5840.
2. The Equal Opportunity Commission within 300 days of the last date of the alleged violation of discrimination.  c/o EEOC, 310 West Wisconsin Avenue, Suite 800, Milwaukee, Wisconsin 53203-2292, (414) 219-1111.

All employees shall be protected from coercion, intimidation, retaliation, interference, or discrimination for filing a complaint under this policy, participation in an investigation, or filing a complaint with a state or federal agency.

Penalties for violation of discrimination policy will remain the same.

This procedure for filing a discrimination complaint should in no way be interpreted to deny a person the right to file a complaint directly with:

a) The Iowa Civil Rights Commission within 180 days of the last date of the alleged violation of discrimination, c/o Iowa Civil Rights Commission, 211 East Maple Street, 2^nd Floor, Des Moines, Iowa  50319 (515) 281-4121 or 1-800-457-4416.

b) Equal Opportunity Commission within 300 days of the last date of the alleged violation of discrimination; EEOC, 310 West Wisconsin Avenue, Suite 800, Milwaukee, Wisconsin  53203-2292.  (414) 219-1111.

All employees shall be protected from coercion, intimidation, retaliation, interference, or discrimination for filing a complaint under this policy, participating in an investigation, or filing a complaint with a state or federal agency.

Penalties for violation of discrimination policy:

Where an incident of discriminatory practice is found, the discriminator who is an employee will be subject to disciplinary action up to and including termination, demotion, suspension, and/or reassignment in addition to any remedy imposed upon the discriminator by the investigating authority or judicial system. 

However, false accusations of discrimination and/or sexual harassment by an employee will subject the false accuser to discipline up to and including termination.  Employees acting in good faith who file complaints under this policy are to be commended and will be protected from retaliation.

Where it is found that any employee, supervisor, or Appointed Department Head knew or had reason to know about a discriminatory practice and failed to report it, that person will be subject to discipline up to and including termination.

A discriminator who is not a County employee shall be informed of the County’s policy and shall be subject to further action as the Board of Supervisors deems appropriate.

Motion carried unanimously. 

Moved by Lizer, seconded by Condon to approve appointment of Dr. Matthew J. Maggio to the Webster County Board of Health for a three year term.  Motion carried unanimously.

At 10:30a.m. a Public Hearing on First Consideration to Adopt Ordinance #038 was held. Comments were heard, but no objections.  Moved by Nolting, seconded by Gill to approve first consideration of Ordinance declaring that any product containing Pseudoephedrine or ephedrine be controlled substance precursors and further to waiver second consideration and set February 15, 2005 at 10:30a.m. as the date of hearing on third consideration of said Ordinance.  Roll call vote:  Ayes – all.  Nays – None.  Motion carried unanimously.
Moved by Gill, seconded by Lizer to allow claims.  Motion carried unanimously.

Moved and seconded the meeting adjourned.