December

Regular Meeting

December 5, 2006

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

Moved by Lizer, seconded by Gill to approve minutes of November 28, 2006 regular meeting.  Motion carried unanimously. 

Moved by Gill, seconded by Condon to receive and place on file the following drainage repairs:   D.D.#4 Webster & #272 Hamilton and D.D.#57.  Motion carried unanimously. 

Moved by Condon, seconded by Magnusson to receive and place on file Manure Management Plans for Envirotech Powerwashing and Ag. Services, LLC.8 and LLC.9, in Section 32, Yell Township and RGT Carlson Inc. in Section 26, Gowrie Township.  (Copies on file in Auditor’s office).  Motion carried unanimously. 

Moved by Magnusson, seconded by Lizer to approve and authorize Chair to sign the following Agreement: 

AGREEMENT

                THIS AGREEMENT made this 27^th day of November, 2006 by and between THE CITY OF FORT DODGE, IOWA (hereafter “City”) and WEBSTER COUNTY, IOWA (hereafter “County”).

RECITALS

                WHEREAS, the City is the fee title owner to property described as lots 7, 8, 9, 10, 11, and 12 in Block 53 of Original Town Addition to the City of Fort Dodge,: 

                WHEREAS, the City currently uses the property to provide parking for the downtown area: 

                WHEREAS, the property is not fully utilized for parking purposes and the County is interested in obtaining Lots 7, 8, 9, and the North 45 feet of Lot 10 in Block 53 of Original Town Addition to the City of Fort Dodge for the purpose of construction a new facility for the Webster County Disabilities Alliance and other County programs: 

                WHEREAS, the proposed building does not fit within the zoning setback requirements of the OC (Official Commercial) district and a change to the BC (Business Commercial) district is needed: and,

                WHEREFORE, in exchange for the mutual promises set forth herein the parties agree as follows:

                ARTICLE I DESCRIPTION OF DISPOSITION AND IMPROVEMENTS

The property disposition and improvements that are subject of this agreement are as follows:

1.                    Property disposition. The City will sell the County Lots 7, 8, 9, and the North 45 feet of Lot 10 in Block 53

Of Original Town Addition to the City of Fort Dodge for $13,000.  The Disposition is subject to a future

Public Hearing.

2.                    Improvements.  The County will construct a new building and parking lot facility for the Webster County

Disabilities Alliance at a minimum cost of $1.6 Million.

3.                    Zoning. The City will change the zoning classification for the transferred property from OC (Office

Commercial) to BC (Business Commercial).

ARTICLE II – MISCELLANEOUS

1.                    This Agreement shall be governed and construed under the laws of the State of Iowa, §364.7.

2.                    The Agreement and Exhibits here referenced shall constitute the entire contract between the parties and supersedes all other written and oral agreements, discussions, and negotiations.  The terms of the Agreement may not be amended except in writing by agreement of all the parties.

3.                    The rights and obligations in the Agreement shall be binding on and inure to the benefit of, the parties’ successors in interest.

4.                    The Agreement shall expire January 1, 2008

5.                    The undersigned are duly authorized by the party for which they sign this Agreement and this Agreement constitutes a binding contract and not a mere recital.

This agreement dated this 5^th day of December,  2006 in Fort Dodge, Iowa.

                                                                                    WEBSTER COUNTY

                                                                                            By       S/Greg Nolting, Chairman

              ATTEST: S/Carol Messerly       

                                                                                                                      Greg Nolting, Chairman

                                Subscribed and sworn to before me by the said   Carol Messerly, County Auditor, this 5^th day of December,

                                2006.

                                                                                                                            S/Alan Wooters

                                                                                                                            Notary Public  in and for the State of Iowa

                                                                                                                            CITY OF FORT DODGE

                                                                                                                             By     S/ Terry J. Lutz, Mayor

            ATTEST: S/Penny A. Clayton

                                Subscribed and sworn to before me by the said Terry J. Lutz, Mayor, and Penny A. Clayton, Clerk, as representatives of the City of Fort Dodge,  this  28^th day of November, 2006 

                                                                                                                                S/Michelle Heflley

                                                                                                                                Notary Public in and for the State of Iowa

Motion carried unanimously.

Moved by Lizer, seconded by Gill to approve and authorize salary increase for Michelle Lara, part time cook for the Jail, to $11.65 per hour effective November 18, 2006. Motion carried unanimously.

Moved by Gill, seconded by Condon to receive and place on file salary increase for Vicki Claude to $1,753.02 every two weeks, effective January 1, 2007, and Peggy Gimer to $1,753.02 every two weeks, effective January 1, 2007, and Lavonne Pringle to $1,342.26 every two weeks, effective January 1, 2007.  Motion carried unanimously.

Moved by Condon, seconded by Magnusson to approve and authorize Chair to sign resolution to temporarily close Hawkeye Avenue in Section 8 and 300^th Street between Sections 8 and 17, all in Clay Township to install tile crossing. Motion carried unanimously.

Clarence Hoffman representing Iowa Communities Assurance Pool to update board.  No action taken.

Moved and seconded the meeting adjourned.

Regular Meeting

December 12, 2006

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

Moved by Lizer, seconded by Condon to approve minutes of December 5, 2006 regular meeting.  Motion carried unanimously.

Moved by Condon, seconded by Magnusson to approve salary adjustment for Jolene Daniels, County Attorney’s office to $16.05 per hour, effective December 2, 2006.  Motion carried unanimously.

Moved by Magnusson, seconded by Lizer to approve MH/DD Annual Report, for fiscal year 2005-2006. (Copy on file in Auditor’s office).   Motion carried unanimously.

Moved by Lizer, seconded by Condon to approve bond of Russ’ Construction for septic/sewer installation. (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Condon, seconded by Magnusson to approve and authorize Chair to sign Lease Agreement with

Pitney Bowes to lease a mailing system for Webster County Department of Human Services.  (Copy on file in Auditor’s office).  Motion carried unanimously. 

Moved by Magnusson, seconded by Lizer to approve and authorize Chair to sign Iowa Risk Management Agreement for the Iowa Communities Assurance Pool and Property Rider.  (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Lizer, seconded by Condon to receive and place on file Manure Management Annual Update Plans for D. Craig Gascho, Section 10, Badger Township and Twin lakes Environmental Services, LLC, Section 18, Fremont Township (Hamilton County).  (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Condon, seconded by Lizer to approve resolution to temporarily close Otho Drive in Section 17, Otho Township from Riverside Trail to Hayes Street in Otho for completion of road improvement project. Motion carried unanimously.

Moved by Condon, seconded by Magnusson to approve resolution to temporarily close Hayes Avenue between Sections 17 and 18, Clay Township for tile line crossing.  Motion carried unanimously.

Moved by Magnusson, seconded by Lizer to receive and place on file 18-month salary adjustment for John Winninger, Secondary Road Department, to $17.97 per hour, effective December 20, 2006.  Motion carried unanimously.

Jannette Miller, representing Children and Families of Iowa discussed Fiscal Year 2008 funding.  No action taken.

Larry Koeninger, representing Webster County Library Association to discussed Fiscal Year 2008 funding and an additional $1,000 for each library to be earmarked for technology.  No action taken.

Moved by Lizer, seconded by Condon to approve the following as the official canvass of the Iowa Central Community College Special Election held on December 5, 2006:  Public Measure A:  Yes – 2.145 and No – 2,176; Public Measure declared not adopted.  Motion carried unanimously.

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

Moved and seconded the meeting adjourned.

Regular Meeting

December 19, 2006

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

Moved by Lizer, seconded by Gill to approve minutes of December 12, 2006 regular meeting.  Motion carried unanimously.

Moved by Gill, seconded by Condon to approve and authorize Chair to sign Class C Liquor License Renewal Application for American Legion Golf Course.  Motion carried unanimously.

Moved by Condon, seconded by Magnusson to receive and place on file retirement/resignation of Barbara Thompson, Clerk in Sheriff’s office, effective January 3, 2007.  Motion carried unanimously.

Moved by Magnusson, seconded by Lizer to approve salary increases for the following Jail employees:  Michael Garrad to $11.65 per hour, effective December 4, 2006; Nichole Summers to $10.86 per hour, effective December 11, 2006; Adam Schmit to $10.86 per hour, effective December 19, 2006; and Timothy Thoma to $10.86, per hour effective December 19, 2006.  Motion carried unanimously.

Moved by Lizer, seconded by Gill to approve unpaid leave absence for Ronald McCutchen, effective December 7, 2006.  Motion carried unanimously.

Moved by Gill, seconded by Condon to approve appointment of Calhoun County Attorney Cynthia Voorde, as prosecuting attorney for Webster County case SMCR332727, due to conflict of interest with the Webster County Attorney’s office. Motion carried unanimously.

Moved by Condon, seconded by Magnusson to receive and place on file notice of retirement/resignation of John Lennon, Assistant to County Engineer, effective December 31, 2006.  Motion carried unanimously.

Moved by Magnusson, seconded by Lizer to receive and place on file 12-month salary adjustment to $17.52 for Dales Illeg, effective January 16, 2006.  Motion carried unanimously.

Joyce DeHaan, representing Domestic/Sexual Assault Outreach Center, discussed Fiscal Year 2008 Funding. No action taken.

Lahoma Counts, representing Elderbridge Agency of Aging, discussed Fiscal year 2008 Funding.  No action taken.

Moved and seconded the meeting adjourned.

Regular Meeting

December 26, 2006

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

Moved by Lizer, seconded by Gill to approve minutes of December 19, 2006 regular meeting.  Motion carried unanimously.

Moved by Gill, seconded by Condon to receive and place on file Manure Management Plan Updates for Berquist Farms, Section 23, Hardin Township and William Secor, Jr. Farm, Section 34, Badger Township. (Copies on file in Auditor’s office).  Motion carried unanimously.

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

RESOLUTION
 

CONSTRUCTION EVALUATION RESOLUTION
 

WHEREAS, Iowa Code section 459.304(3) 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, 2007 and January 31, 2008 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/Greg Nolting__________________

Chair, Board of Supervisors

Date: December 26, 2006 

ATTEST:

s/Carol Messerly________________

County Auditor

Date:  December 26th, 2006

 Motion carried unanimously.

Moved by Magnusson, seconded by Lizer to receive and place on file two burial plots at Memorial Park Cemetery donated by the Family of Helen J. and Richard Pierce.  Motion carried unanimously.

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

RESOLUTION
 

WHEREAS, the Board of Supervisors is empowered under the authority of Sections 321.236 and 321.255 and 321.345 of the Code of Iowa to designate any highway under their jurisdiction as a through highway and to designate any intersection as a stop intersection and to erect the signs at one or more entrances to such intersection, and

WHEREAS, the “T” intersection at the junction of Indiana Avenue and 320^th Street common to Sections 20, 21, 28 and 29, T87N, R29W, Clay Township is currently uncontrolled by any traffic control devices other than the E911 intersection signs, and

WHEREAS, present traffic would be better served if the south approach on Indiana Avenue was made the STOP approach to the intersection, and the east and west approaches on 320^th Street were designated as through approaches, due to terrain, vegetation and development, which limit sight distance.

NOW, THEREFORE, BE IT RESOLVED by the Webster County Board of Supervisors that STOP and  STOP AHEAD signs be erected for southbound traffic on Indiana Avenue approaching 320^th Street in the Southeast Corner of Section 20, T87N, R29W, Clay Township and that a SIDE ROAD sign be erected for westbound traffic on 320^th Street approaching Indiana Avenue in the Southwest Corner of Section 21, T87N, R29W Clay Township.

This resolution shall be in effect when the traffic control signs are erected.

PASSED AND APPROVED this 26^th day of December, 2006. 

s/ Greg Nolting­­­­­__________                                    

Chair, Board of Supervisors 

ATTEST:

s/Carol Messerly_________

County Auditor 

Motion carried unanimously.

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

RESOLUTION
 

WHEREAS, the Board of Supervisors is empowered under the authority of Sections 321.236 and 321.255 and 321.345 of the Code of Iowa to designate any highway under their jurisdiction as a through highway and to designate any intersection as a stop intersection and to erect the signs at one or more entrances to such intersection, and

WHEREAS, the four-way intersection at the junction of Kansas Avenue and 320^th Street common to Sections 22, 23, 26 and 27, T87N, R29W, Clay Township is currently uncontrolled by any traffic control devices other than the E911 intersection signs, and

WHEREAS, present traffic would be better served if the north approach on Kansas Avenue was made the STOP approach to the intersection, due to terrain, vegetation and development, which limit sight distance.

NOW, THEREFORE, BE IT RESOLVED by the Webster County Board of Supervisors that STOP and STOP AHEAD signs be erected for northbound traffic on Kansas Avenue approaching 320^th Street in the Northwest Corner of Section 26, T87N, R29W, Clay Township and that a CROSS ROAD sign be erected for westbound traffic on 320^th Street approaching Indiana Avenue in the Southwest Corner of Section 23, T87N, R29W, Clay Township.

This resolution shall be in effect when the traffic control signs are erected.

PASSED AND APPROVED this 26^th day of December, 2006. 

s/Greg Nolting_______________

Chair, Board of Supervisors 

ATTEST:

s/Carol Messerly_____________

County Auditor

Motion carried unanimously.
 

Moved by Condon, seconded by Magnusson to approve and authorize Chair to sign utility permit application from MidAmercian Energy to install new dead end pole and anchor at new southern right of way line of 230^th Street (a.k.a. route D26) and Route D20 due to IDOT Highway 20 project.  (Copy on file in Engineer’s office).  Motion carried unanimously. 

Moved by Magnusson, seconded by Lizer to approve and authorize Chair to sign resolution to temporarily close 280^th Street from Garfield to Hayes Avenue between Section 31, Elkhorn Township and Section 6 Clay Township for culvert replacement project.  Motion carried unanimously. 

A Public Hearing was held on final consideration of the adoption of Ordinance No. 041, Ordinance mandating the registration and documentation of retail sales of keg alcoholic beverages.  No objections being heard, Chairman Nolting closed the public hearing.  Moved by Gill, seconded by Condon to approve final consideration and adopt Ordinance No. 041, Ordinance mandating the registration and documentation of retail sales of keg alcoholic beverages.  Roll call vote:  Ayes – Nolting, Lizer, Gill, Condon and Magnusson.  Nayes: None.  Motion carried unanimously. 

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

Moved by Gill, seconded by Condon the meeting adjourned.  Motion carried unanimously.