Regular Meeting

July 3, 2007

The Board of Supervisor met in Session on the above date with the following members present: Condon, Dencklau, Lizer, Motl and Nolting.   Absent:  None.

Moved by Condon, seconded by Dencklau to approve minutes of June 26, 2007, regular meeting.  Motion carried unanimously.

Moved by Lizer, seconded by Condon to receive and place on file Drainage Repairs in D.D.#207.  Motion carried unanimously.

Moved by Dencklau, seconded by Motl to approve Job Description for Veteran Affairs Director. (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Motl, seconded by Lizer to approve employment of Rob Everhard as Veteran Affairs Director, at the rate of $140.00 per week, effective July 2, 2007; hours will be 9:00a.m. until 1:00p.m.  Motion carried unanimously.

Moved by Lizer, seconded by Condon to receive and place on file resignation of April Murray, Full-time Jailer, effective July 9, 2007; and Nicole Summers, Part-time Jailer, effective July 8, 2007.  Motion carried unanimously.

Moved by Condon, seconded by Dencklau to approve employment of Laura Montgomery, Full-time Jailer at the rate of $12.26 per hour, effective July 21, 2007.  Motion carried unanimously.

Moved by Dencklau, seconded by Motl to receive and place on file Quarterly report of Veteran Affairs Commission, for period ending June 30, 2007.  Motion carried unanimously.

Moved by Motl, seconded by Lizer to approve Cigarette and Tobacco Permit for Deer Creek Golf Club.  Motion carried unanimously.

Moved by Lizer, seconded by Condon to receive and place on file Manure Management Plan Update for Tom II Dallas Thomas in Cedar Township, Calhoun County.  Motion carried unanimously.

Moved by Condon, seconded by Dencklau to approve and authorize Chair to sign the following MH/DD Provider Contracts:  Ellsworth Hospital, North Iowa Vocational Center, North Star Community Services, Seasons Center, Mary Greeley Medical Center, and Story County Community Life.  Motion carried unanimously.

Moved by Dencklau, seconded by Motl to approve restoration plans for the Miller Marsh Addition  Project and authorize Conservation Director to accept bids.  Motion carried unanimously.

Eldon Showers requested that the Board allow him to run a tile on his property in Section 24, Lost Grove Township to outlet in the open ditch approximately 100 feet from the outlet of Drainage District # 193.  Supervisors Lizer and Condon agreed to meet Mr. Showers to review the site at 1:00p.m. today.

Moved by Motl, seconded by Lizer the meeting adjourn.  Motion carried unanimously.

Regular Meeting

July 10, 2007

The Board of Supervisor met in Session on the above date with the following members present: Condon, Dencklau, Lizer, Motl and Nolting.   Absent:  None.

Moved by Lizer, seconded by Condon to approve minutes of July 3, 2007, regular meeting.  Motion carried unanimously.

Moved by Condon, seconded by Dencklau to approve Five-day Beer Permit Application for Rotary Club of Fort Dodge, Iowa-Daybreak.  Motion carried unanimously.

Moved by Dencklau, seconded by Motl to approve and authorize Chair to sign Agreement between Webster County Board of Supervisors, Webster County Public Health and North Central Home Care, Inc. (Copy on file in Auditor’s office). Motion carried unanimously.

Moved by Motl, seconded by Lizer to adopt the following resolution:

RESOLUTION
 

Whereas, the State of Iowa has appropriated moneys for fiscal year July 1, 2007 through June 30, 2008, which moneys are insufficient to fully fund the various local property tax credits/exemptions,

And, whereas, Iowa Code Section 25B.7 requires local governments to extend to the taxpayers only those portions of the property tax credits/exemptions that are estimated by the Iowa Department of Revenue and Finance to be funded by the sate appropriation,

And, whereas the Iowa Department of Revenue and Finance has estimated the percentages of funding for the affected property tax credits/exemptions as follows:  Homestead credit (including Disabled Veteran’s Homestead Credit) 73%, Low-income, Elderly, Disabled Credit 100%, Military Exemption 100%,

And, whereas the option of fully funding property tax credits/exemptions will cause a funding shortfall to local governments in the County, this fiscal year,

And, whereas the option of passing on the reduced state-reimbursed values of the credits will increase the amount of net taxes in the County,

And, whereas we find that passing on the reduced state-reimbursed values of the homestead credits to the taxpayers in the County funds local governments to the greatest effect while impacting the largest number of persons with minimal effect and, therefore, in the public interest,

Now, therefore, be it resolved pursuant to Iowa Code Section 25B.7 that the property tax credits/exemptions in Webster County for fiscal year July 1, 2007 through June 30, 2008 shall be funded as follows:

Homestead Credit                                                                                73%

Low-Income, Elderly, Disabled Credit                                              100%

Military Exemption                                                                               100%

Dated at Fort Dodge, Iowa, this 10the day of July, 2007.

S/Greg Nolting                                                                      S/Keith Dencklau                                                                

Webster County Board of Supervisors                            Webster County Board of Supervisors

S/Joel Lizer                                                                            S/Kim Motl                                                           

Webster County Board of Supervisors                            Webster County Board of Supervisors

S/Phil Condon                                                     

Webster County Board of Supervisors

Attest:

S/Carol Messerly                                                

Webster County Auditor

Motion carried unanimously.

Tammy Varland, North Central Homemakers, Inc. to discussed the agency’s need for space.  No action taken.

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

Moved by Condon, seconded by Dencklau the meeting adjourn.  Motion carried unanimously.

Regular Meeting

July 17, 2007

The Board of Supervisor met in Session on the above date with the following members present: Condon, Dencklau, Lizer, Motl and Nolting.   Absent:  None.

Moved by Lizer, seconded by Condon to approve minutes of July 10, 2007, regular meeting.  Motion carried unanimously.

Moved by Condon, seconded by Dencklau to approve salary adjustment for Erline Jones to $16.41 per hour, effective July 20, 2007, per recommendation of Judy Cosgrove, County Recorder.  Motion carried unanimously.

Moved by Dencklau, seconded by Motl to approve employment of April Murray and Joe Paullin, effective July 9, 2007 and Darren Robinson, effective July 16, 2007, as deputies for the Webster County Sheriff’s Department, each starting at an annual salary of $36,509.73, per recommendation of Sheriff Mickelson.  Motion carried unanimously.

Moved by Motl, seconded by Lizer to approve appointments of Darren Driscoll and Janece Valentine to the Civil Service Commission, for a three-year term, effective August 15, 2007.  Motion carried unanimously.

Moved by Lizer, seconded by Condon to receive and place on file the following resolution: 

RESOLUTION NAMING DEPOSITORIES

            Resolved, that the Webster County board of Supervisors of Fort Dodge, Iowa in Webster County, Iowa approves the following list of financial institutions to be depositories of the Webster County funds in conformance with all applicable provisions of Iowa Code Chapter 12C.2 (1983) by 1984 Acts,  S.F.2220.  The Webster County Recorder is hereby authorized to deposit the Webster County funds in each of the respective financial institutions as set out below:

                                                                                Location of

Depository Name                                                 Home Office                                                              Amount

First American Bank                                            Fort Dodge, Iowa                                                 $100,000.00

Wells Fargo Bank of Iowa NA                           Fort Dodge, Iowa                                                 $150,000.00

            CERTIFICATION.  I hereby certify that the foregoing is a true and correct copy of the resolution of the Webster County Board of Supervisors adopted at a meeting of said public body, duly called and held on the 17^th day of July, 2007, as a quorum being present, as said resolution remains of record in the minutes of said meeting, and it is now in full force and effect.

Dated this 17^th day of July, 2007.

S/Carol Messerly                                                                                                                   

Webster County Auditor

Motion carried unanimously.

Moved by Condon, seconded by Dencklau to receive and place on file Concert Agreement between Webster County Conservation and Daybreak Rotary/Sticks and Stones to use John F. Kennedy Park for a country music concert of July 21, 2007.  (Copy on file in Auditor’s office).  Motion carried unanimously.

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

Moved by Motl, seconded by Lizer to approve and authorize Chair to sign permit application from Opal Peterson and Powers Sunnyside Family to install a 15-inch subsurface tile drain across Easter Avenue between Sections 22 and 23, Roland Township.  (Copy on file in Engineer’s office).  Motion carried unanimously.

Moved by Lizer, seconded by Condon to approve and authorize Chair to sign permit application from Rasch Construction on behalf of Ben Rogers to reshape road right of way along the north side of 205^th Street west of bridge in Section 30, Douglas Township.  (Copy on file in Engineer’s office).  Motion carried unanimously.

Moved by Condon, seconded by Dencklau to approve and authorize Chair to sign permit application from the Iowa National Guard to pave a driveway along the west side of Route P56 in Section 5, Badger Township.  (Copy on file in Engineer’s office).  Motion carried unanimously.

Moved by Dencklau, seconded by Motl to approve employment of Keane Brown, Class C Equipment Operator at Clare Shed at the rate of $14.81 per hour, effective July 23, 2007.  Motion carried unanimously.

Moved by Motl, seconded by Lizer to approve Class C Liquor License for Deer Creek Golf Course. (Copy on file in Auditor’s office).  Motion carried unanimously.

At 10:30a.m.  sealed bids for bridge replacement Projects L-002180—73-94;  L-893650—73-94; and L-973530—73-94 were opened. 

The following bids were received:

            Midwest Construction:           L-002180—73-94   $ 93,290.00 

                                                                                L-893650—73-94  $104,030.00

                                                                                L-973530—73-94  $97,675.00

Peterson Contractors, Inc.:   L-002180—73-94  $93,895.00

                                                                    L-893650—73-94  $106,300.00

                                                                    L-973530—73-94  $101,840.00

Moved by Lizer, seconded by Condon to accept the low bids submitted by Midwest Construction, as follows:  L-002180—73-94   $ 93,290.00; L-893650—73-94  $104,030.00; and L-973530—73-94  $97,675.00; and further authorize Chair to sign contract documents for said projects upon review of County Engineer.  Motion carried unanimously.

Moved by Condon, seconded by Dencklau the meeting adjourn.  Motion carried unanimously.

Regular Meeting

July 24, 2007

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

Moved by Lizer, seconded by Condon to approve minutes of July 17, 2007, regular meeting.  Motion carried unanimously.

Moved by Condon, seconded by Motl to approve employment for Amy Jones, Part-time Correctional Officer, at the rate of $10.30 per hour, effective July 13, 2007; and Sarah Gould, Part-time Correctional Officer, at the rate of $10.30 per hour, effective August 2, 2007.  Motion carried unanimously.

Moved by Motl, seconded by Lizer to approve promotion of Sheriff Deputy Luke Fleener to Sergeant; annual salary of $55,805.06, effective July 24, 2007, per recommendation of Sheriff Mickelson.  Motion carried unanimously.

Moved by Lizer, seconded by Condon to approve salary increase to $11.76 per hour, for Carolyn Clark, Clerk in Motor Vehicle Department, effective August 1, 2007.  Motion carried unanimously.

Moved by Condon, seconded by Motl to receive and place of file County Recorder’s Report of Fees Collected for period ending June 30, 2007.  (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Motl, seconded by Lizer to receive and place on file County Sheriff’s Report of Fees Collected for period ending June 30, 2007.  (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Lizer, seconded by Condon to receive and place on file Semi-Annual Report of County Treasurer for period January 1, 2007 – June 30, 2007.  (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Condon, seconded by Motl to approve and authorize Chair to sign Byrne/Jag Federal Fiscal Year 07 Contract for and on behalf of Youth Shelter Care, and extend the current sub-recipient agreement between Webster County and Youth Shelter Care.  (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Motl, seconded by Lizer to approve and authorize Chair to sign the following MH/DD Provider Contracts:  Psychiatry Associates of Northeast Iowa, PC (Waterloo); Center Associates (Marshalltown); Spectra Health Care (Storm Lake); and Community Mental Health Center for Mid-Eastern Iowa (Iowa City).  (Copy on file in CPC’s office).  Motion carried unanimously.

Moved by Lizer, seconded by Condon to receive and place on file Manure Management Plan Update for Dave Cramer, Section 34, Dayton Township.  (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Condon, seconded by Motl to approve and authorize Chair to sign resolution to temporarily close 230^th Street from Taylor Avenue to Union Avenue between Sections 5 and 8, Washington Township for bridge replacement projects. Motion carried unanimously.

Moved by Lizer, seconded by Condon to approve and authorize Chair to sign closing documents relevant to the previously approved purchase of real property located in Fort Dodge, from First States Investors 69, LLC.  (Copy on file in Auditor’s office).  Motion carried unanimously.

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

Moved by Condon, seconded by Motl the meeting adjourn.  Motion carried unanimously.

Regular Meeting

July 31, 2007

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

Moved by Lizer, seconded by Dencklau to approve minutes of July 24, 2007, regular meeting.  Motion carried unanimously.

Moved by Dencklau, seconded by Motl to receive and place on file appointment of Lori Oeltjenbruns as rural representative on the Dayton Library Board, to fill balance of term, which expires June 30, 2009. Motion carried unanimously.

Moved by Motl, seconded by Lizer to approve and authorize Chair to sign Final Report State Reimbursement for Counties for Substance Abuse Funding Fiscal Year 2007.  (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Lizer, seconded by Dencklau to receive and place on file Manure Management update for Carl Sandgren, Section 23, Roland Township.  (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Dencklau, seconded by Motl to receive and place on file Manure Management annual update for Larry Alliger, Section 27, Gowrie Township.  (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Motl, seconded by Lizer to approve the request from the Webster County Conservation Board to transfer $18,060.00 from General Basic Fund to Conservation Trust Fund.  Motion carried unanimously.

Moved by Lizer, seconded by Dencklau to approve and authorize Chair to sign utility permit application from Frontier Communications to bury approximately 560 feet of copper telephone cable along the north side of 160^th Street in Section 32, Badger Township.  (Copy on file in Engineer’s office).  Motion carried unanimously.

Moved by Dencklau, seconded by Motl to approve and authorize Chair to sign the following resolution:  

RESOLUTION PROPOSING TO CLASSIFY A PORTION OF PUBLIC ROAD IN

SECTIONS 3 AND 10, T-88N, R-28W AS AREA SERVICE “C”

WHEREAS, Webster County desires to classify certain roads on the area service system in the County to provide for a minimal level of maintenance and access by means of a gate or barrier; and

WHEREAS, the County, after consultation with the County Engineer, has the authority to specify certain roads within the County as Area Service “C” roads pursuant to Iowa Code Section 309.57, and

WHEREAS, the only persons who will have access rights to the roads shall be:

(1)           The owner, lessee, or person in lawful possession of any adjoining land,

(2)           The agent or employee of the owner, lessee or person in lawful possession of any adjoining land,

(3)           Any peace officer,

(4)           Any magistrate,

(5)           Any public employee whose duty it is to supervise the use or perform maintenance of the road,

(6)           Any agent or employee of any utility located upon the road.

WHEREAS, the minimal level of maintenance will be as follows:

1.                   Blading.  Blading or dragging will not be performed on a regular basis.

2.                   Snow and Ice Removal.  Snow and ice will not be removed, nor will the road surface be sanded or salted on a regular basis.

3.                   Signing.  Except for load limit posting for bridges, signing shall not be continued or provided.  ALL AREA SERVICE LEVEL C ROADS SHALL BE IDENTIFIED WITH A SIGN AT ALL POINTS OF ACCESS TO WARN THE PUBLIC OF THE LOWER LEVEL OF MAINTENANCE.

4.                   Weeds, Brush and Trees.  Mowing or spraying weeds, cutting brush and tree removal will not be performed on a regular basis.  Adequate sight distances will not be maintained.

5.                   Structures.  Bridges and culverts may not be maintained to carry legal loads. Upon failure or loss, the replacement structure will be appropriate for the traffic thereon.

6.                   Road Surfacing.  There will be no surfacing materials applied to Area Service System C Roads on a regular basis.

7.             Shoulders.  Shoulders will not be maintained on a regular basis.

8.             Crown.  A crown will not be maintained on a regular basis.

9.             Repairs.  There will be no road repair on a regular basis.

10.          Uniform Width.  Uniform width for the traveled portion of the road will not be maintained.

11.                Inspections.  Regular inspections will not be conducted.

WHEREAS, a resolution dated March 19, 1974 on Page 54 of Road Record Book 7 vacated the public right of way in the SE1/4 of the NW1/4 of Section 10, Township 88 North, Range 28 West of the 5^th P.M., and

WHEREAS, the remaining portion of public right of way starting near the S1/4 Corner of Section 3, Township 88 North, Range 28 West of the 5^th P.M. and running southwesterly to a point along the south line of the NE1/4 of the NW1/4 of Section 10, Township 88 North, Range 28 West of the 5^th P.M. remains unimproved, and

WHEREAS, according to the Secondary Road County Engineers Listing, this remaining portion of public road is 0.410 miles and is the portion of Peterson Drive west of 230^th Street. 

NOW THEREFORE BE IT RESOLVED, that the Webster County Board of Supervisors hereby proposes to classify the following described parcel of road right of way as Area Service “C”:

That remaining portion of public right of way described on Pages 129 through 132 of Road Record Book No. 5 establishing a road 40 feet wide through parts of Sections 3 and 10, Township 88 North, Range 28 West of the 5^th P.M., known as the Holiday Creek and Coalville Common Consent Road. 

BE IT FURTHER RESOLVED, that a public hearing on the proposed Area Service “C” classification on above described road be set for 10:30 A.M. on the 14^th day of August, 2007 in the Supervisors Room of the Webster County Courthouse in Fort Dodge, Iowa, and that the County Engineer send notice to adjacent landowners explaining proposed classification and requesting their oral or written comments.

Attest: s/Carol Messerly                                                                         s/Greg Nolting, Chairperson

Webster County Auditor                                                                         Webster County Board of Supervisors

Date July 31, 2007

Motion carried unanimously.

Moved by Motl, seconded by Lizer to approve and authorize Chair to sign the following resolution:

RESOLUTION PROPOSING TO CLASSIFY A PORTION OF PUBLIC ROAD IN

SECTION 27, T-89N, R-29W AS AREA SERVICE “C”

WHEREAS, Webster County desires to classify certain roads on the area service system in the County to provide for a minimal level of maintenance and access by means of a gate or barrier; and

WHEREAS, the County, after consultation with the County Engineer, has the authority to specify certain roads within the County as Area Service “C” roads pursuant to Iowa Code Section 309.57, and

WHEREAS, the only persons who will have access rights to the roads shall be:

(1)           The owner, lessee, or person in lawful possession of any adjoining land,

(2)           The agent or employee of the owner, lessee or person in lawful possession of any adjoining land,

(3)           Any peace officer,

(4)           Any magistrate,

(5)           Any public employee whose duty it is to supervise the use or perform maintenance of the road,

(6)           Any agent or employee of any utility located upon the road.

WHEREAS, the minimal level of maintenance will be as follows:

1.       Blading.  Blading or dragging will not be performed on a regular basis.

2.       Snow and Ice Removal.  Snow and ice will not be removed, nor will the road surface be sanded or salted on a regular basis.

3.       Signing.  Except for load limit posting for bridges, signing shall not be continued or provided.  ALL AREA SERVICE LEVEL C ROADS SHALL BE IDENTIFIED WITH A SIGN AT ALL POINTS OF ACCESS TO WARN THE PUBLIC OF THE LOWER LEVEL OF MAINTENANCE.

4.       Weeds, Brush and Trees.  Mowing or spraying weeds, cutting brush and tree removal will not be performed on a regular basis.  Adequate sight distances will not be maintained.

5.       Structures.  Bridges and culverts may not be maintained to carry legal loads. Upon failure or loss, the replacement structure will be appropriate for the traffic thereon.

6.       Road Surfacing.  There will be no surfacing materials applied to Area Service System C Roads on a regular basis.

7.       Shoulders.  Shoulders will not be maintained on a regular basis.

8.       Crown.  A crown will not be maintained on a regular basis.

9.       Repairs.  There will be no road repair on a regular basis.

10.     Uniform Width.  Uniform width for the traveled portion of the road will not be maintained.

11.    Inspections.  Regular inspections will not be conducted.

WHEREAS, a portion of public right of way starting near the Center of Section 27, Township 89 North, Range 29 West of the 5^th P.M., and running due south to the South One Quarter (S1/4) Corner of said Section 27 has been gated for several years and remains unimproved, and

WHEREAS, according to the Secondary Road County Engineers Listing, this portion of public road is 0.441 miles, is classified as legal not open, and is the portion of Johnson Avenue south of Parker Drive.

NOW THEREFORE BE IT RESOLVED, that the Webster County Board of Supervisors hereby proposes to classify the following described parcel of road right of way as Area Service “C”:

That portion of public right of way described on Pages 224 and 225 of Road Record Book No. 6 as the West Thirty-Three (33) feet on the West Side of the Southeast Quarter of Section Twenty-seven (27), Township Eighty-nine (89) North, Range Twenty-nine (29) West of the 5^th P.M., known as the Breen & Laughlin Consent Road. 

BE IT FURTHER RESOLVED, that a public hearing on the proposed Area Service “C” classification on above described road be set for 10:30 A.M. on the 21^st day of August, 2007 in the Supervisors Room of the Webster County Courthouse in Fort Dodge, Iowa, and that the County Engineer send notice to adjacent landowners explaining proposed classification and requesting their oral or written comments.

Attest: s/Carol Messerly                                                                         s/Greg Nolting, Chairperson

Webster County Auditor                                                                         Webster County Board of Supervisors

Date July 31, 2007

Motion carried unanimously.

Moved by Lizer, seconded by Dencklau to approve and authorize Chair to sign services agreement between Webster County and Covenant Medical Center, Inc.  (Copy on file in CPC’s office).  Motion carried unanimously.

Moved by Dencklau, seconded by Motl to approve and authorize Chair to sign Provider and Program Participation Agreement between Webster County and St. Anthony Regional Hospital.

Moved by Motl, seconded by Lizer to approve and authorize Chair to sign Provider and Program Participation Agreement between Webster County and Opportunity Village.  (Copy on file in CPC’s office).  Motion carried unanimously.

Moved by Lizer, seconded by Dencklau to approve salary increase to $39,828.80 annually for Deputy Mike Kenyon effective August 24, 2007 per recommendation of Sheriff Mickelson.  Motion carried unanimously.

Moved by Dencklau, seconded by Motl to approve salary increase to $9.80 per hour, for Katie Kalkwarf, Sheriff’s Department effective August 5, 2007. Motion carried unanimously.

Moved by Motl, seconded by Lizer the meeting adjourn. Motion carried unanimously.