March

Regular Meeting

March 6, 2007

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

Moved by Lizer, seconded by Condon to approve minutes of February 28, 2007 regular meeting and March 1, 2007 special meeting. Motion carried unanimously.

Chairman Nolting called the Public Hearing on Proposed Fiscal Year 2007-2008 County Budget. No comments or objections were heard.  Following a general review of the proposed budget, Chairman Nolting closed the public hearing.

Moved by Condon, seconded by Dencklau to approve Adoption of Budget and Certification of Taxes for Fiscal year July 1, 2007 – June 30, 2008.  (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Dencklau, seconded by Motl to approve the following Compensation Schedule of Elected Officials for Fiscal Year 2007-2008:   Attorney - $80,623;  Auditor - $51,662; Recorder - $51,662; Treasurer - $51,662; Sheriff - $68,705; Supervisors - $32,859; Supervisor Chair - $33,639.  Motion carried unanimously.

Moved by Motl, seconded by Lizer to cancel March 20, 2007 Regular Meeting of the Board of Supervisors to allow them to attend Iowa State Association of County Officials Spring School of Instruction. Motion carried unanimously.

Moved by Lizer, seconded by Condon to approve bonds of Anthony J. Goodpaster and Hoag Plumbing and Heating for installation of septic systems.  Motion carried unanimously.

Moved by  Condon, seconded by Dencklau to receive and place on file termination of Michael Garrard, Correctional Officer, effective February 13, 2007.  Motion carried unanimously.

Moved by Dencklau, seconded by Motl to receive and place on file the following appointments: James A. Stewart, Burnside Township Trustee; James Fevold, Lost Grove Township Trustee; Don Lehman, Colfax Township Trustee; Neal Greve, Pleasant Valley Township Clerk; Beth Gernhart, Pleasant Valley Township Trustee; and Dan Rasmussen, Benefited Fire District #3 Trustee.  Motion carried unanimously.

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

A RESOLUTION URGING REPRAL OF THE RESIDENCY REQUIREMENT IN

IOWA CODE SECTION 692A.2A

                WHEREAS, the Board of Supervisors of the County of Webster, Iowa, has considered the issues of ineffectiveness and expenditure of the law enforcement resources related to sex offender residency restrictions, and

                WHEREAS, the Iowa County Attorneys Association, the Iowa Sheriffs and Deputies Association, the Iowa Coalition Against Sexual Abuse, the Prevent Child Abuse Iowa organization, the Iowa State Association of Counties, and not less than eleven other professional Iowa groups and associations support repeal, and

                WHEREAS, the Board of Supervisors of the County of Webster desires to express its support for the repeal of Iowa Code Section 692A.2A.

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

                                Section 1:  That the legislature of Iowa and the Governor of Iowa should repeal Iowa Code

                                Section 692A.2A

                PASSED AND APPROVED this 6^th day of March, 2007

s/Greg Nolting

Chairman, Board of Supervisors

ATTEST:

s/Carol Messerly

County Auditor

Motion carried unanimously. 

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

RESOLUTION DECLARING AN OFFICIAL INTENT UNDER TREASURY

REGULATOLN 1.150-2 TO ISSUE DEBT TO REIMBURSE TH

 COUNTY FOR CERTAIN ORIGINAL EXPENDITURES PAID

IN CONNECTION WITH SPECIFIED PROJECTS

                WHEREAS, the County anticipates making cash expenditures for one or more capital improvement projects, generally described below (each of which shall hereinafter be referred to as a “Project”); and

                WHEREAS, the County reasonably expects to issue debt to reimburse the costs of a Project; and

                WHEREAS, the Board believes it is consistent with the County’s budgetary and financial circumstances to issue this declaration of official intent.

                NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF WEBSTER, STATE OF IOWA:

                Section 1.  That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2.

                Section 2.  That it is reasonably expected that capital expenditures will be made in respect of the foregoing Project(s), from time to time and is such amounts as this Board determines to be necessary or desirable under the circumstances then and there existing.

                Section 3.  That the County reasonably expects to reimburse all or a portion of the foregoing expenditures with the proceeds of bonds, notes or other indebtedness to be issued or incurred by the County in the future.

                Section 4.  That the total estimated costs of the Projects(s), the maximum principal amount of the bonds, notes or other indebtedness to be issued for the foregoing Project(s) and the estimated dates of completion of the Project(s) are reasonably expected to be as follows:

Project                                    Fund from which                  Total                       Amount of                             Estimated

Purchase and                        original expenditures           Estimated               Borrowing                             Date of

Improve real property          are to be Advanced             Cost *                                    Anticipated                           Completion

At 108 S. 8^th St.                                                                     Not to Exceed

Fort Dodge, Iowa                

                                                General Basic                        $550,000   $500,000                                  6-1-07

                Section 5.  That the County reasonably expects to reimburse the above-mentioned Project costs not later than the later of eighteen months after the capital expenditures are paid or eighteen months after the property is placed in service.

                Section 6.  That this Resolution be maintained by the County Auditor in an Official Intent File maintained in the Office of the Auditor and available at all times for public inspection, subject to such revisions as may be necessary.

                PASSED AND APPROVED this 6^th day of March, 2007

s/Greg Nolting

Chairperson

ATTEST:

s/Carol Messerly

County Auditor 

Motion carried unanimously.

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

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

Regular Meeting

March 13, 2007

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

Moved by Condon, seconded by Dencklau to approve minutes March 6, 2007 regular meeting.  Motion carried unanimously.

Moved by Dencklau, seconded by Motl to receive and place on file retirement of Linda Kearney, Child Support Recovery Unit, effective March 15, 2007.  Motion carried unanimously.

Moved by Motl, seconded by Condon to receive and place on file resignation of Rhonda Ruby, Public Health Department, effective March 2, 2007.  Motion carried unanimously.

Moved by Condon, seconded by Dencklau to approve and authorize Chair to sign Class B Beer permit for Mineral City Speedway, upon submission of Dram Shop Endorsement.  Motion carried unanimously.

Moved by Dencklau, seconded by Motl to receive and place on file Manure Management Update Plan of Norwest Finisher, Section 7, Burnside Township and Price Finisher, Section 7, Burnside Township. (Copies on file in Auditor’s office).  Motion carried unanimously.

Moved by Motl, seconded by Condon to approve and authorize Chair to sign letter of approval for Dallas Thomas Animal Feeding Operation Application and Matrix. Motion carried unanimously.

Moved by Condon, seconded by Dencklau to approve bond of Phil Hood Excavating, Inc. for wells and septic systems. Motion carried unanimously.

 A Public Hearing was held on petition to add, attach and include lands in Xenia Rural Water District.  No written or oral objections or comments were heard.  Vice-Chair Lizer closed the public hearing.

Moved by Dencklau, seconded by Molt to add, attach and include lands in Xenia Rural Water District the area in Webster County, Iowa, described as follows, with all of the rights, powers and duties specified in Chapter 357A of the Code of Iowa, as amended:  all the unincorporated lands, lying West of the Des Moines River and South of Highway 20, except all of Fulton Township; and except Sections 7, 18, 19, 20 and 31 of Elkhorn Township; and except Section 6 of Clay Township; and except Sections 1 through 9 of Roland Township; and except portions of Section 7, 8, 9 and 10 of Roland Township, all in Webster County, Iowa.  Motion carried unanimously.

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

Regular Meeting

March 27, 2007

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

Moved by Lizer, seconded by Condon to approve minutes March 13, 2007 regular meeting.  Motion carried unanimously.

Moved by Condon, seconded by Dencklau to receive and place on file the following Drainage Repairs:  D.D. #61, D.D. #354, D.D. #47, and D.D. #122.  Motion carried unanimously.

Moved by Dencklau, seconded by Motl to receive and place on file salary adjustment of Tricia Nichols to $17.00 per hour, effective February 5, 2007, per Public Health Department.  Motion carried unanimously.

Moved by Motl, seconded by Lizer to receive and place on file employment of Jennifer Wuebker, Public Health Nurse, at the rate of $17.00 per hour, effective April 16, 2007, per Public Health Department.  Motion carried unanimously.

Moved by Lizer, seconded by Condon to accept resignation of Danelle Wood, Correctional Officer, effective April 6, 2007.  Motion carried unanimously.

Moved by Condon, seconded by Dencklau to approve salary increase for Renae Ryan, Correctional Officer to $11.90 per hour, effective March 19, 2007, and Angie Morgan, Correctional Officer to $11.90 per hour, effective February 25, 2007.  Motion carried unanimously.

Moved by Dencklau, seconded by Motl to approve employment of Thomas Steck, Part-time Correctional Officer at the rate of $10.00 per hour, effective March 18, 2007.  Motion carried unanimously.

Moved by Motl, seconded by Lizer to approve employment of Jerry Messerly as Temporary-part-time Civil Process Server, effective March 21, 2007.  Motion carried unanimously.

Moved by Lizer, seconded by Condon to receive and place on file appointment of Craig Hamilton, Badger Township Trustee. Motion carried unanimously.

Moved by Condon, seconded by Dencklau to approve and authorize Chair to sign Class C Liquor License Application for Willow Ridge Golf, LLC.  Motion carried unanimously.

Moved by Dencklau, seconded by Motl to approve and authorize Chair to sign Class B Beer License Application for Lake Side Golf Course.  Motion carried unanimously.

Moved by Motl, seconded by Lizer to approve bond of Phil Hood Excavating, Inc. for well and septic system contracting.  (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Lizer, seconded by Condon to approve Tower/Structure/Equipment Removal Bond of MidAmerican Energy Company. (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Condon, seconded by Dencklau to approve replacement of tree on Lone Tree Road.  Motion carried unanimously.

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

RESOLUTION SUPPORTING INCREASING REVENUE TO ROAD USE TAX FUND

WHEREAS,   Senators Rielly and Noble,  Chair and Ranking Member, respectively,  of the Transportation Committee, are seeking input concerning transportation needs with public meetings that are being held throughout the state;  and

WHEREAS,   the Road Use Tax Fund is an important source of support for construction and maintenance projects at the city, county and state level; and

WHEREAS,  an integral part of Road Use Tax Fund is the fuel tax, which has not increased since 1989, and during that timeframe construction costs have more than doubled;  and

WHEREAS,  the Iowa Good Roads Association,  the Iowa County Supervisor’s Association, the Iowa County Engineer’s Association, and a consortium of additional public and private individuals and organizations, have promoted the TIME-21 program (Transportation Investment Moves the Economy in the 21^st Century) to underscore the steady deterioration of the construction dollar; and

WHEREAS,  TIME-21 supports the Iowa Department of Transportation’s request for an additional $200 million added to the R. U. T. F. that would be committed to roadway infrastructure and  would be generated by increasing transportation-related fees;

NOW, THEREFORE, BE IT RESOLVED  that the Webster County Board of Supervisors recognizes the vital role that our transportation system performs for Iowa and encourages the legislature to consider funding alternatives to increase revenue to the Road Use Tax Fund.

PASSED AND APPROVED this 27^th day of March, 2007. 

S/Greg Nolting

Chair Board of Supervisors 

ATTEST:

S/Carol Messerly

Webster County Auditor 

Motion carried unanimously.

Moved by Motl, seconded by Lizer to receive and place on file 6-month salary adjustment to $16.17 for Scott Licht, effective April 9, 2007.  Motion carried unanimously.

Moved by Lizer, seconded by Condon to approve and authorize Chair to sign resolutions to temporarily close the following roads due to water over the road: 1) between Sections 9 and 10, Gowrie Township; 20 between Sections 15 and 16 Gowrie Township; 3) between Section 23 and 24 Johnson Township.  Motion carried unanimously.

Moved by Condon, seconded by Dencklau to approve and authorize Chair to sign contract documents with Midwest Contracting, LLC, for Projects L-780408-73-94 and L-971260-73-94.  (Copy on file in Engineer’s office).  Motion carried unanimously.

Moved by Dencklau, seconded by Motl to approve and authorize chair to sign Iowa Department of Transportation Funding Agreement Number 1-70-HBRRS-008 for Bridge Replacement Project BROS-CO94(70)-8J-94 between Section 21 and 22, Lost Grove Township.  (Copy on file in Engineer’s office).  Motion carried unanimously.

Moved by Motl, seconded by Lizer to approve and authorize Chair to sign utility permit application from Frontier Communications to bury fiber optic cable at toe of backslope along west side of Hayes Avenue in Section 19, Douglas Township.  (Copy on file in Engineer’s office).  Motion carried unanimously.

Moved by Lizer, seconded by Condon to approve and authorize Chair to sign utility permit application from Frontier Communications to bury approximately 2010 feet of fiber optic cable along the east side of Iowa Avenue in Section 16, Douglas Township.  (Copy on file in Engineer’s office).  Motion carried unanimously.

At 10:30a.m., an informational meeting was held to discuss proposed Urban Renewal Area, in Douglas Township.  Approximately thirty interested people attended, with Tom Simmering, Planning Consultant and Mark Cory, Attorney presenting information of Urban Renewal. No action taken.

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

Moved by Motl, seconded by Lizer to adjourn.  Motion carried unanimously.

Special Meeting

March 29, 2007

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

County Engineer Randy Will explained the usual property value study used to determine the fair market value for right-of-way purchases.  Engineer Will also referred to purchase agreement dated August 24, 2006 that was submitted to him by the landowner in Section 19, Douglas Township, while negotiating the right-of-way purchase, for a much higher price than reflected in the property value study.

Supervisor Motl requested that this Purchase Agreement dated August 24, 2006, be made a part of the resolution as if fully included.   (Copy on file in Auditor’s office).

Moved by Dencklau, seconded by Condon to adopt the following resolution:

RESOLUTION TO APPROVE COMPENSATION ESTIMATE FOR RIGHT OF WAY ON PROJECT RC-CO(65) – 9A IN THE NORTHEAST QUARTER OF SECTION 19, T-89N, R-29W

WHEREAS, additional easements for highway right-of-way are often required for various construction projects, and

WHEREAS,  the purchase of this additional right-of-way shall be accomplished in an orderly and equitable manner, and in accordance with applicable federal and state regulations, and

WHEREAS,  the procedures and fair market value that are the result of the research in a “Property Value Study” normally satisfies the foregoing requirements, and

WHEREAS,  speculation and the demand for corn and soybeans have caused farmland prices to rise dramatically, and

WHEREAS,   the right of way for Project RC-CO94(65)—9A-94 is located near the existing VeraSun Ethanol Plant and adjacent to the proposed Tate & Lyle Corn Wet Mill Plant, and

WHEREAS,  the seller of said right of way for Project RC-CO94(65)—9A-94 has submitted a purchase agreement dated August 24, 2006 with a price per acre substantially higher than that of the most recent “Property Value Study”.

NOW, THEREFORE, BE IT RESOLVED  by the Webster County Board of Supervisors that the compensation estimate offer to the seller of said right of way in the Northeast Quarter of Section 19, T-89N, R-29W be equal to the price per acre being offered in said purchase agreement.

PASSED AND APPROVED  this 29^th day of March, 2007. 

S/ Greg Nolting

Webster County Board of Supervisors

ATTEST:

S/ Carol Messerly

Webster County Auditor 

Motion carried unanimously.

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