May

The Board of Supervisors met in Session on the above date with the following members present: Condon, Dencklau, Motl, and Peterson.   Absent:  Singer.

Moved by Dencklau, seconded by Motl to approve minutes of the April 28, 2009 regular meeting.  Motion carried unanimously.

Moved by Motl, seconded by Peterson to receive and place on file the following Drainage Repairs:  D.D.#279, D.D.#185, D.D.#48, D.D.#69, D.D.275, D.D.#5, D.D.#70 Webster & #95 Calhoun, Branch 4, and D.D.#108 Webster  & #117 Hamilton.  Motion carried unanimously.

Moved by Peterson, seconded by Dencklau to approve resignation of Adam Schmit, Jailer, effective May 14, 2009.  Motion carried unanimously.

Moved by Dencklau, seconded by Motl to approve bond of Carl Marsh, septic/sewer installation.  Motion carried unanimously.

Moved by Motl, seconded by Peterson to approve and authorize Chair to sign Renewal Group Agreement with Wellmark Blue Cross Blue Shield for fiscal year beginning July 1, 2009.  (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Peterson, seconded by Dencklau to approve and authorize Chair to sign Wellness Program Agreement between the Iowa State Association of Counties and Webster County.  (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Dencklau, seconded by Motl to approve the following department appropriation changes for Fiscal Year 2009:  Decrease Department 002 (Auditor) $18,000.00; increase Department 003 (Treasurer) $6,000.00; and increase Department 052 (MIS) $12,000.00.  Motion carried unanimously.

Moved by Motl, seconded by Peterson to approve assignment of Tax Sale Certificate #P060002-District 00470-Parcel #1835176006 to Chad Heggen for the tax amount of $156.00; and approve assignment of Tax Sale Certificate P040553-Parcel #1835129004 to Lori Bloomquist.  Motion carried unanimously.

Moved by Peterson, seconded by Motl to receive and place on file Manure Management Plan for Nursery Finishers in Section 18, Freedom Township, Hamilton County.  (Copy on file in Auditor’s office).  Motion carried unanimously.

The following proposals to purchase three new Sheriff patrol vehicles in Fiscal Year 2009-2010 were received:  
 

Moved by Motl, seconded by Peterson to approve purchase of the following three Sheriff patrol vehicles in Fiscal Year 2009-2010 (after July 1, 2009):

2009 Ford Crown Victoria Police Interceptor from Fort Dodge Ford – Cost - $22,594.00
2009 Ford Explorer from Fort Dodge Ford – Cost - $22,197.00
2009 Chevrolet Impala from Kemna Auto of Fort Dodge – Cost - $19,846.00
    
Motion carried unanimously.

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

RESOLUTION 2009-05-05(1)

WHEREAS, the Board of Supervisors is empowered under the authority of Section 321.255 of the Code of Iowa to place and maintain such traffic control devices upon highways under their jurisdiction as they may deem necessary, and

WHEREAS, Highway-Rail Grade Crossing (Crossbuck) signs and Highway-Rail Grade Crossing Advance Warning signs are currently installed at the approaches to the highway-rail grade crossing on 175th Street approximately 0.2 mile east of the Center of Section 8, T-89N, R-29W, Douglas Township, and 

WHEREAS, a representative of the Union Pacific Railroad Company has requested that STOP AHEAD and STOP signs be installed at said highway-rail grade crossing, and 

WHEREAS, present traffic would be better served if the east and west highway approaches were made STOP approaches at said highway-rail grade crossing due to terrain, vegetation and development, which limit sight distance, and 

WHEREAS, the basis for this application is cited in Section 8B.08 of the 2003 Edition of the Manual on Uniform Traffic Control Devices for Streets and Highways;

NOW, THEREFORE, BE IT RESOLVED by the Webster County Board of Supervisors that STOP and STOP AHEAD signs be erected for east and west highway approaches to the highway-rail grade crossing on 175th Street approximately 0.2 mile east of the Center of Section 8, T-89N, R-29W, Douglas Township

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

PASSED AND APPROVED this 5th day of May 2009

s/ Phil Condon________________________

Phil Condon, Chairman

Webster County Board of Supervisors

ATTEST:  _s/Carol Messerly_______________
Carol Messerly, Webster County Auditor 

Motion carried unanimously.

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

RESOLUTION 2009-05-05(2)

WHEREAS, the Board of Supervisors is empowered under the authority of Section 321.255 of the Code of Iowa to place and maintain such traffic control devices upon highways under their jurisdiction as they may deem necessary, and

WHEREAS, Highway-Rail Grade Crossing (Crossbuck) signs and Highway-Rail Grade Crossing Advance Warning signs are currently installed at the approaches to the highway-rail grade crossing on 185th Street near the Center of Section 17, T-89N, R-29W, Douglas Township, and 

WHEREAS, a representative of the Union Pacific Railroad Company has requested that STOP AHEAD and STOP signs be installed at said highway-rail grade crossing, and 

WHEREAS, present traffic would be better served if the east and west highway approaches were made STOP approaches at said highway-rail grade crossing due to terrain, vegetation and development, which limit sight distance, and 

WHEREAS, the basis for this application is cited in Section 8B.08 of the 2003 Edition of the Manual on Uniform Traffic Control Devices for Streets and Highways;

NOW, THEREFORE, BE IT RESOLVED by the Webster County Board of Supervisors that STOP and STOP AHEAD signs be erected for east and west highway approaches to the highway-rail grade crossing on 185th Street near the Center of Section 17, T-89N, R-29W, Douglas Township

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

PASSED AND APPROVED this 5th day of May 2009

s/ Phil Condon___________________

Phil Condon, Chairman

Webster County Board of Supervisors

ATTEST:  _s/Carol Messerly_______________

Carol Messerly, Webster County Auditor

 Motion carried unanimously. 

The following vendor proposals to furnish and install security systems at the County Maintenance Facility, 2096 240th Street; Fort Dodge, Iowa were received: 

Moved by Peterson, seconded by Dencklau to approve vendor proposal to furnish and install security systems at the County Maintenance Facility, submitted by Uneek Security for the amount of $2,380.00.  Motion carried unanimously.

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

RESOLUTION #2009-05-05(3)
Tile Crossing Policy for Webster County, Iowa

BE IT RESOLVED by the Board of Supervisors of Webster County, Iowa, to adopt the following tile crossing policy for Webster County, Iowa.

WHEREAS, Chapter 318 of the Code of Iowa and Webster County Ordinance No. 028 require any person working within the right of way of a public road to obtain a permit from the highway authority having jurisdiction of the public road or highway, and

WHEREAS, Chapter 468 of the Code of Iowa prescribes a method for landowners to improve drainage by construction of field tile though road right of ways, and

WHEREAS, The Webster County Board of Supervisors desired to adopt a drainage policy that includes an option which will expedite procedures relating to projecting a tile line across a public highway to a suitable outlet.

THEREFORE, BE IT RESOLVED that the Webster County Board of Supervisors, Webster County, Iowa, do adopt the following policy concerning the placement of drainage tile within the secondary road right-of-way.

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

RESOLUTION 2009-05-05(4)
Temporary Road Closure of Route D20 between Highway 20 
and Route D26 and Designating a Detour Route

WHEREAS, Iowa Code Section 306.41 provides for the temporary closing of sections of roadway when necessary because of construction and maintenance, and 

WHEREAS, the Webster County Engineer has been authorized by a previous resolution of the Webster County Board of Supervisors to execute the above requirements of Iowa Code Section 306.41 regarding temporary road closures, and 

WHEREAS, Dixon Construction is under contract with the Iowa DOT to construct a bridge on U.S. Highway 20 over Webster County Route D20 east of Moorland; and

WHEREAS, the Iowa DOT has requested a portion of Route D20 between Highway 20 and Route D26 be closed for up to five days to allow their contractor to set bridge beams.

NOW, THEREFORE, BE IT RESOLVED by the Webster County Board of Supervisors that Route D20 between Highway 20 and Route D26 be closed and the following roads be designated as a detour route:

From the junction of Route D20 and Highway 169; thence South on Highway 169 to the junction of Highway 169 and Highway 20; thence West on Highway 20 to the junction of Highway 20 and Route D20

BE IT FURTHER RESOLVED that the traffic control devices for the aforementioned road closure and detour route were established in the field at 8:00 A.M., Monday, May 4, 2009 and shall continue for the duration of said road construction as determined by the Iowa DOT and Webster County Engineer.

PASSED AND APPROVED this 5th day of May 2009

Webster County Board of Supervisors               ATTEST:

s/ Phil Condon__________________             __s/ Carol Messerly__________________

Phil Condon, Chairman                                      Carol Messerly, Webster County Auditor

Motion carried unanimously.

Moved by Peterson, seconded by Dencklau to approve salary increase for Brian Henderson to $49,343.00, effective May 8, 2009, per Engineer’s Office Salary Schedule.  Motion carried unanimously.

Moved by Dencklau, seconded by Motl to approve utility permit application from MidAmerican Energy to install utility pole with transformer to provide electric service to new grain bin along the west side of Route P59 in the Southeast corner of the Northeast Quarter of Section 4, Township 90 North, Range 28 West, Badger Township.  (Copy on file in Engineer’s office).  Motion carried unanimously.

Moved by Motl, seconded by Peterson the meeting adjourned. Motion carried unanimously.

The Board of Supervisors met in Session on the above date with the following members present: Condon, Dencklau, Motl, Singer and Peterson.   Absent:  None.

Moved by Dencklau, seconded by Motl to approve minutes of the May 5, 2009 regular meeting.  Motion carried unanimously.

Moved by Motl, seconded by Singer to receive and place on file the following Drainage Repairs:  D.D.#48, Joint D.D.#12 Webster and #22 Calhoun Counties and Joint D.D.#77 Webster and #111 Calhoun Counties.  Motion carried unanimously.

Moved by Singer, seconded by Peterson to approve salary increase for Linda Wingerson, Correctional Officer to $12.36 per hour, effective May 7, 2009 and Adam Schmit, Correctional Officer to $13.16 per hour, effective June 19, 2009.  Motion carried unanimously.

Moved by Peterson, seconded by Dencklau to approve employment of Bryan Wilson, Full-time Jailer at the rate of $11.83, effective May 16, 2009. Motion carried unanimously.

Moved by Dencklau, seconded by Motl to receive and place on file resignation of Sharla Kuyper, Public Health Department, effective May 4, 2009.  Motion carried unanimously.

Moved by Motl, seconded by Singer to accept resignation of Timothy N. Schott, Webster County Attorney, effective May 15, 2009.  Motion carried unanimously.

Moved by Singer, seconded by Peterson to approve Class C Liquor License Application for Webster County Agricultural Association, pending Dram Shop Certification.  (Copy on file in Auditor’s office).  Motion carried unanimously.  

Moved by Peterson, seconded by Dencklau to approve Class B Beer Permit Application for Fort Dodge Air National Guard Service Club. (Copy on file in Auditor’s office).  Motion carried unanimously. 

Moved by Dencklau, seconded by Motl to approve joint purchase of a 2004 Dodge Sprinter cargo van with Webster County Sheriff’s Department and Fort Dodge Police Department to be used by Webster County/Fort Dodge Specialized Emergency Response Team. (Copy on file in Auditor’s office).  Motion carried unanimously. 

Moved by Motl, seconded by Singer to approve and authorize Chair to sign Application and Award Agreement for the FY2009 Recovery Act Justice Assistance Grant.  (Copy on file in Auditor’s office).  Motion carried unanimously. 

Moved by Singer, seconded by Peterson to approve and authorize Chair to sign the following Memorandum of Understanding:

THE STATE OF IOWA 

KNOW ALL BY THESE PRESENT 
COUNTY OF WEBSTER

INTERLOCAL AGREEMENT 
BETWEEN THE CITY OF FORT DODGE, IOWA AND COUNTY OF WEBSTER, IOWA

RECOVERY ACT: JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD

This Agreement is made and entered into this 12th day of May, 2009, by and between The COUNTY of WEBSTER, acting by and through its governing body, the BOARD OF SUPERVISORS, hereinafter referred to as COUNTY, and the CITY of FORT DODGE, acting by and through its governing body, the CITY COUNCIL, hereinafter referred to as CITY, both of Webster County, State of Iowa, witnesseth:

WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party: and 
WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement: and 
WHEREAS, the COUNTY agrees to provide the CITY $104,379 from the 2009 JAG award.
WHEREAS, the CITY and COUNTY believe it to be in their best interests to reallocate the JAG funds. 
 NOW THEREFORE, the COUNTY and CITY agree as follows:

Section 1. 
COUNTY agrees to pay CITY a total of $104,379 of 2009 JAG funds.

Section 2. 
COUNTY shall retain a total of $23,537 of 2009 JAG funds.

Section 3. 
COUNTY and CITY agree to use $32,000 of the total 2009 JAG funds of $159,916 for the Webster Countywide Drug Task Force Program, until June 30, 2010.

Section 4. 
Nothing in the performance of this Agreement shall impose any liability for claims against COUNTY other than claims for which liability may be imposed by Iowa Tort Claims law.

Section 5. 
Nothing in the performance of this Agreement shall impose any liability for claims against CITY other than claims for which liability may be imposed by Iowa Tort Claims law.

Section 6. 
Each party to this agreement will be responsible for its own actions in providing services under this agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party.

Section 7. 
The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement.

Section 8. 
By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto.

CITY OF FORT DODGE, IOWA

___________________________________ ____________________________________ 
David Fierke, City Manager
 

___________________________________ ____________________________________ 
Penny Clayton, City Clerk

COUNTY OF WEBSTER, IOWA
 
__s/ Phil Condon_________________________________________________________ 
Phillip Condon, Chairman Webster County Board of Supervisors

__s/ Carol Messerly_______________________________________________________ 
Carol Messerly, County Auditor

Motion carried unanimously.

The Board discussed a possible agreement between the City and County to share services for an animal control officer. It was agreed that a final draft should be prepared and reviewed by the County Attorney.

Moved by Peterson, seconded by Dencklau to approve utility permit application from MidAmerican Energy to install utility pole and new single-phase electric line for new house at 22600 Old Highway 169 in Section 2, Township 88 North, Range 29 West, Elkhorn Township. (Copy on file in Engineer’s office). Motion carried unanimously.
Moved by Dencklau, seconded by Motl to approve utility permit application from Webster-Calhoun Telephone Association to bury fiber optic cable to upgrade their Barnum, Badger and Clare exchanges. (Copy on file in Engineer’s office). Motion carried unanimously.

Moved by Motl, seconded by Singer to approve and adopt 2009 Fiscal Year Iowa Department of Transportation  Secondary Road Budget Amendment # 1. (Copy on file in Engineer’s office). Motion carried unanimously.

Moved by Singer, seconded Peterson to approve Labor Agreement with Webster County Secondary Road Workers for period from July 1, 2009 through June 30, 2012.  (Copy on file in Auditor’s office). Motion carried unanimously.

Moved by Peterson, seconded by Dencklau to approve Iowa Department of Transportation Funding Agreement Number 2010-TS-009 for traffic safety improvements to upgrade chevron signs.  (Copy on file in Engineer’s office). Motion carried unanimously.

Moved by Dencklau, seconded by Motl to approve Iowa Department of Transportation Funding Agreement Number 2010-TS-011 for traffic safety improvements to upgrade no passing, stop ahead, stop, and yield signs. (Copy on file in Engineer’s office). Motion carried unanimously.

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

Moved by Singer, seconded by Peterson the meeting adjourned.  Motion carried unanimously.

The Board of Supervisors met in Session on the above date with the following members present: Condon, Dencklau, Motl, Singer and Peterson.   Absent:  None.

Moved by Dencklau, seconded by Motl to approve minutes of the May 12, 2009 regular meeting.  Motion carried unanimously.

Moved by Motl, seconded by Singer to receive and place on file the following Drainage Repairs:  D.D.#49, D.D.#34, and D.D.#247 Webster and #7 Humboldt.  Motion carried unanimously.

Moved by Singer, seconded by Peterson to receive and place on file the employment of the following for Webster County Public Health Department, effective May 18, 2009:  Brandi Alexander, Child Health Clerk at the rate of $10.50 per hour; Jennifer Peterman, WIC Clerk at the rate of $10.50 per hour;  Melissa Michehl, Registered Nurse at the rate of $17.50 per hour and Julie Pringnitz, Contracted Dental Hygienist at the rate of $15.00 per hour.  Motion carried unanimously.

Moved by Peterson, seconded by Dencklau to approve appointment of Kay Grady as Otho Township Trustee.  Motion carried unanimously.

Moved by Dencklau, seconded by Motl to approve bond of Tim Olson, doing business as Olson Plumbing and Heating for septic tank installation.  Motion carried unanimously.

Moved by Molt, seconded by Singer to approve 2009 Tax Exempt Status for Wildlife Habitat under Slough Bill enacted in1982 and further to approve the following applications for open prairie, rivers and streams, forest cover, recreation lakes and residential wildlife habitat as exempt property per Board Resolution on April 12, 1983; and receive and place on file Native Prairie tax exemptions.

Motion carried unanimously.

Moved by Singer, seconded by Peterson to receive and place on file recommendation of Planning and Zoning Commission approving the adoption of the Webster County Comprehensive Plan and Future Land Use Map.  (Copy on file in Auditor’s office).  Motion carried unanimously.

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

RESOLUTION TO ADOPT WEBSTER COUNTY

COMPREHENSIVE PLAN and FUTURE LAND USE MAP

WHEREAS, the Board of Supervisors of Webster County has established a Planning and Zoning Commission, and

     WHEREAS, such Planning and Zoning Commission has prepared a Comprehensive Plan and Future Land Use Map, held public meetings in relation to the Plan, and has recommended such Plan to the Board of Supervisors for adoption, and

     NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF SUPERVISORS that the Comprehensive Plan and Future Land Use Map for Webster County, Iowa, as prepared by the Planning and Zoning Commission, be recognized and referred to as the Official Comprehensive Land Use Management Plan for Webster County, Iowa.

     PASSED, APPROVED AND ADOPTED this __19th____ day  of ___May__, 2009.

                                                                                                Webster County Board of Supervisors
                                                                                                _s/ Phil Condon____________________
                                                                                                Phil Condon, Chairperson

ATTEST:
____s/ Carol Messerly_________
Carol Messerly, County Auditor

Motion carried unanimously.

The following bids were received by Engineer Randy Will for painted pavement markings: 

Moved by Motl, seconded by Singer to approve and authorize Chair to sign contract with Vogel Traffic Services, Inc. for painted pavement markings in the amount of $107,687.43.  Motion carried unanimously.

Chairman Condon opened discussion on County Attorney vacancy that became effective May 15, 2009.

Moved by Dencklau that Jon Beaty be appointed County Attorney; no second to motion.  Motion died for lack of a second.

Moved by Singer, seconded by Peterson that pursuant to Section 69.14A, of the Code of Iowa; the Webster County Board of Supervisors fill the vacancy in the office of Webster County Attorney by appointment; but that the electors of the County have the right to file a petition requiring that the vacancy be filled by Special Election and must be filed with the Webster County Auditor within 14 days of the appointment;  further that public hearing to appoint a County Attorney be held at 10:30 a.m., on the 2nd day June, 2009, in the Board of Supervisors Room, Second Floor, Webster County Courthouse; Fort Dodge, Iowa; and interested parties shall submit a written letter of application and resume to the Board of Supervisors by 10:00a.m. on May 29, 2009 to be considered for the appointment.  Ayes:  Singer, Peterson, Condon, and Motl.  Nay:  Dencklau.  Motion carried.

At 11:00a.m. a public hearing was held on proposed repairs to Drainage District #29 and Joint Drainage District #3 Webster & #2 Humboldt, Counties, Iowa.  For further particulars see Drainage Record Book. 

Moved by Peterson, seconded by Dencklau the meeting adjourned.  Motion carried unanimously.

The Board of Supervisors met in Session on the above date with the following members present: Condon, Dencklau, Motl, and Peterson.   Absent:  Singer.

Moved by Dencklau, seconded by Motl to approve minutes of the May 19, 2009 regular meeting.  Motion carried unanimously.

Moved by Motl, seconded by Peterson to receive and place on file the following Drainage Repairs:  D.D.#151, D.D.#191, and D.D.#276.  Motion carried unanimously.

Moved by Peterson, seconded by Dencklau to approve employment of Paul Keller, Part-time Correctional Officer at the rate of $10.61 per hour, effective May 28, 2009.  Motion carried unanimously.

Moved by Dencklau, seconded by Motl to approve and authorize Chair to sign Cooperative Reimbursement Agreement between Webster County and the Department of Human Services, Bureau of Collections, Webster being host county for Child Support Recovery Unit.  (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Motl, seconded by Peterson to rescind action taken at the August 19, 2008 Regular Board of Supervisors’ meeting for the assignment and abatement of taxes on Certificate No. PB98358 and Certificate No.PB98360; based on a mutual mistake of fact and mutual mistake of law.  Motion carried unanimously.

Moved by Peterson, seconded by Dencklau to assign Tax Sale Certificate No. PB98360 and Certificate No. PB98358 to the City of Fort Dodge, Iowa, subject to an indemnification and hold harmless agreement executed by Fort Dodge in favor of Webster County.  Motion carried unanimously.

Moved by Dencklau, seconded by Motl to approve and authorize Chair to sign Standstill Agreement between U.S. Department of Commerce and Webster County, Iowa for tower and transmitter building five miles south of Fort Dodge.  (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Motl, seconded by Peterson to approve and authorize Chair to sign utility permit application from Prairie Energy Cooperative to replace overhead power lines with new poles, anchors, and conductor along 255th Street in Sections 22, 23, and 24, Township 88 North, Range 28 West.  (Copy on file in Engineer’s office).  Motion carried unanimously.

Moved by Peterson, seconded by Dencklau to approve and authorize Chair to sign utility permit application from Xenia Rural Water District to trench and directional bore 12-inch water main along the west side of Nelson Avenue near Oak Street to 235th Street in Sections 8 and 17, Township 88 North, Range 28 West (Pleasant Valley Township).  (Copy on file in Engineer’s office).  Motion carried unanimously.

Moved by Dencklau, seconded by Motl to approve and authorize Chair to sign utility permit application from Xenia Rural Water District to complete tile repair along the south side of 340th Street in Section 3, Township 86 North, Range 30 West (Gowrie Township).  (Copy on file in Engineer’s office).  Motion carried unanimously.

Pastor Al Wright discussed taxes due on property that should be tax exempt.  County Attorney will review status.

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

Moved by Peterson, seconded by Dencklau the meeting adjourned.  Motion carried unanimously.