August

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

Moved by Motl, seconded by Singer to approve minutes of the July 27, 2010 regular meeting.   Motion carried unanimously.

Moved by Singer, seconded by Peterson to receive and place on file the following Drainage Repairs:  D.D.#195;  D.D.#247 Webster & #7 Humboldt and D.D.#306.  Motion carried unanimously.

Moved by Peterson, seconded by Motl to receive and place on file letter terminating employment of Jim O’Brien, Chief Deputy Sheriff, effective August 3, 2010.  Motion carried unanimously.

Moved by Motl, seconded by Singer to approve and authorize Chair to sign Class C Beer Permit Application for Pop N Go, Inc. (Coalville store).  Motion carried unanimously.

Moved by Singer, seconded by Peterson to approve and authorize Chair to sign Class B Native Wine Permit Application for Community Orchard.  Motion carried unanimously.

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

Moved by Motl, seconded by Singer to allow 2009 Homestead Tax Credits and 2009 Military Service Tax Credits.  (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Singer, seconded by Peterson to receive and place on file Certification of Taxes for year 2009, collectable in Fiscal Year 2010-2011 as follows:

Motion carried unanimously.

Moved by Peterson, seconded by Motl to approve termination of Agreement between Webster County and ASPIRE (Automated Statewide Portal for Integrated Real Estate and Election data) dated February 12, 2008, per 28E Agreement termination filed July 14, 2010.  Motion carried unanimously.

Moved by Motl, seconded by Peterson to approve and authorize Chair to permit application from MidAmerican Energy to install overhead electric service across 130th Street between Sections 16 and 21, Badger Township for a grain bin site.  (Copy on file in Engineer’s office).  Motion carried unanimously.

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

Moved by Peterson, seconded by Motl to adjourn the meeting.  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 Motl, seconded by Peterson to approve minutes of the August 3, 2010 regular meeting.  Motion carried unanimously.

Moved by Peterson, seconded by Condon to receive and place on file Veteran Affairs Report of Services for quarter ending June 30, 2010.  (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Condon, seconded by Motl to receive and place on file General Assistance Report of Services for quarter ending June 30, 2010.  (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Motl, seconded by Peterson to approve and authorize Chair to sign Final Report for County Substance Abuse Prevention Services for Fiscal Year 2009-2010.  (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Peterson, seconded by Condon to approve and authorize Chair to sign Application for Suspension of Taxes per Iowa Code 427.9, Real Estate Parcel #01000/0730255004.  Motion carried unanimously.

Moved by Motl, seconded by Peterson to table Resolution approving Webster County’s Application to the IDOT Rail Port Grant Program until 9:00a.m. Friday August 13, 2010, at which a special meeting will be held.  Motion carried unanimously.

Moved by Peterson, seconded by Condon to receive and place on file 18-month salary increase for Joe Gregory, Class B Equipment Operator to $19.97 per hour effective August 2, 2010, per labor agreement.  Motion carried unanimously.

Moved by Condon, seconded by Motl to receive and place on file 18-month salary increase for Jim Kilen, Welder/ Fabricator to $20.55 per hour effective August 17, 2010, per labor agreement.  Motion carried unanimously.

Moved by Motl, seconded by Peterson to receive and place on file 12-month salary increase for Chad Hicks, Class C Equipment Operator to $19.04 per hour effective August 30, 2010, per labor agreement.  Motion carried unanimously.

Moved by Peterson, seconded by Condon to approve and authorize Chair to sign utility permit application from MidAmerican Energy to rebuild 170th Street south of the airport to replace 6 poles total, per County’s request.  Motion carried unanimously.

Jan Horton, Webster County Treasurer announced that the Motor Vehicle office will be closed Thursday August 12, 2010, due to absence of employees.

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

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

Moved by Peterson, seconded by Condon to adopt Resolution approving Webster County’s Application to the IDOT Rail Port Grant Program.

RESOLUTION APPROVING WEBSTER COUNTY’S APPLICATION

TO THE  IDOT RAILPORT GRANT PROGRAM

WHEREAS, Webster County is a duly recognized County acting under the laws of the State of Iowa; and 
WHEREAS, the Code of Iowa (Senate File 2389) authorizes the IDOT Rail Port Grant Program as a mechanism to assist in the location and/or acquisition of industries by providing incentives to local governments to assist in funding rail improvements when such is required as part of the industrial location criteria; and
WHEREAS, the program is designed to assist in rail construction when improvements will significantly benefit the construction of larger industrial complexes that will facilitate the manufacture of alternative energy equipment; and
WHEREAS, the Iowa Department of Transportation has established program guidelines and has provided a process for the submittal of applications for the Rail Port Grant Program; and
WHEREAS, Webster County is negotiating with three prospects to locate within the Webster County Regional Ag-Industrial Center , two of which will directly benefit the location of facilities to further the cause of alternative energy; and
WHEREAS, the proposed rail improvements is contemplated to be subject to public use agreements between the principal industries and Webster County to assist all current and future clients within the industrial park with access to both railroads serving the park.  
NOW, THERFORE, BE IT RESOLVED by the Board of Supervisors of Webster County that:
1.   Local Public infrastructure projects already completed in the Ag-Center for sanitary sewer, water, waste water treatment, extension of Hayes Avenue and extension of Harvest Avenue and telephone and electrical totaled $57M. (see Exhibit I of Application) and exceeds the requirement of local match for the IDOT Rail Port Grant Program, and
2.  The County will consider tax increment funds, subject to the legislative process necessary to amend or create Urban Renewal Areas and subject to public hearing and sale of Urban Renewal Revenue Bonds; and 
3.  Accordingly, the Chairperson is hereby directed and authorized to execute an application for Railport Grant Program to the Iowa Department of Transportation.

PASSED AND APPROVED this ___13__ day of August, 2010.

S/ Kim Motl- Vice Chair
Keith Dencklau, Chairperson

ATTEST:S/ Tina Eldal, Deputy Auditor
Carol Messerly, Auditor
665478.1 21972.008

Motion carried unanimously.

Moved by Condon, seconded by Peterson to adjourn the meeting.  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 Motl, seconded by Singer to approve minutes of the August 10, 2010 regular meeting and August 13, 2010 special meeting.  Motion carried unanimously.

Moved by Singer, seconded by Peterson to receive and place on file the following Drainage Repairs:  D.D.#69, D.D.#361, D.D.#371, and Joint Drainage District # 3 Webster and #9 Humboldt.  Motion carried unanimously.

Moved by Peterson, seconded by Condon to approve salary increase for Doreen Pliner to $15.60 per hour, effective August 22, 2010 and Laura Geist to $15.60 per hour, effective September 4, 2010, per labor agreement.  Motion carried unanimously.

Moved by Condon, seconded by Motl to approve salary increase for the following Correctional Officers:  Tanner Nowell to $13.54 per hour, effective August 19, 2010, Brian Nellis to $13.83 per hour, effective August 27, 2010, and Shawna Hoover to $13.83 per hour, effective August 26, 2010, per labor agreement.  Motion carried unanimously.

Moved by Motl, seconded by Singer to approve termination of Erin Fiala, part time jailor, and John Reedy, full time jailor, effective August 11, 2010.  Motion carried unanimously.

Moved by Singer, seconded by Peterson to accept resignation of Darci Mersch, Administrative Office Assistant for Disability Alliance, effective August 27, 2010.  Motion carried unanimously.

Moved by Peterson, seconded by Condon to approve and authorize Chair to sign Notice of Lease Termination for Elderbridge Agency on Aging for space at Bank Building, effective October 1, 2010.

Notice of Lease Termination

TO: Elderbridge Agency on Aging, 723 1st Avenue South, Fort Dodge, Iowa.

                
Pursuant to Lease Agreement you signed with Webster County I am hereby notifying you that your lease for the office located at 723 1st Avenue South, Fort Dodge, Iowa, shall terminate on the first day of October, 2010.  Your tenancy at this location shall not continue after said date.  If this notice is directed to a person in possession of the real estate, you are further notified that the undersigned demands that you vacate, surrender and deliver possession of said real estate on said date.

Additionally, Webster County is willing to enter into an agreement with your Agency concerning the office partitions.  If your Agency is willing to surrender possession of the partitions on the west side of the office upon vacating the premises, the County would enter into an agreement to forego the collection of rent for the month of September 2010. 

Please contact me if you have any questions or concerns regarding either the notice of termination or the proposed agreement outlined above. 

                S/ Keith Dencklau
                Keith Dencklau  
                Chairman, Webster County Board of Supervisors
                701 Central Avenue
                Fort Dodge, IA 50501

                Prepared By: 
                Cori Kuhn Coleman 
                Assistant Webster County Attorney

Acceptance of Service

The undersigned accept and acknowledge service of the foregoing notice and acknowledge receipt of a copy thereof on this date, at _______________________________ Dated:
________________________     
Signature
                                                                                                                
____________________________________
Printed Name

 Motion carried unanimously.

Moved by Condon, seconded by Molt to approve and authorize Chair to sign FEMA Grant Management Service Agreement with JJG Grant Management for services relating to Drainage District 2010 flood damages.  (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Motl, seconded by Singer to authorize Chair to rescind Demolition Contract with D & L Metal Recycling for work needed to complete the Demolition Specifications of DBA 2010-02.  Motion carried unanimously.

Moved by Singer, seconded by Peterson to approve Class B Beer Permit Application for Des Moines Skydivers, Inc. effective September 2, 2010, pending dram shop endorsement.  Motion carried unanimously.

Moved by Peterson, seconded by Condon to approve and authorize Chair to sign contract documents with Merryman Construction Company for bridge replacement Project BROS-CO94(84)—5F-94 on 160th Street along north line of Section 3, Township 89 North, Range 30 West, Johnson Township.  (Copy on file in Engineer’s office).  Motion carried unanimously.

Moved by Condon, seconded by Motl to approve and authorize Chair to sign utility permit application from MidAmerican Energy to relocate overhead electric lines along north side of 240th Street in Section 11, Township 88 North, Range 30 West, Fulton Township for bridge replacement project.  (Copy on file in Engineer’s office).  Motion carried unanimously.

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

RESOLUTION 2010-08-17
Temporary Road Closure of Webster County Route C66 to
Through Traffic between U.S. Highway 169 and 
Webster County Route P41 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, construction of U.S. Highway 169 requires a portion of Webster County Route C66 to be reconstructed and temporarily closed to through traffic during construction.

NOW, THEREFORE, BE IT RESOLVED by the Webster County Board of Supervisors that Route C66 be temporarily closed to through traffic between U.S. Highway 169 and Route P41 and the following roads be designated as a detour route:

From the junction of Webster County Route C66 and U.S. Highway 169; thence South on U.S. Highway 169 to the junction of Iowa Highway 7; thence West on Iowa Highway 7 to the junction of Webster County Route P41; thence North on Webster County Route P41 to the junction of Webster County Route C66

BE IT FURTHER RESOLVED that the traffic control devices for the aforementioned road closure and detour route are planned for Monday, August 23, 2010 and shall continue for the duration of said road construction as determined by the Iowa Department of Transportation and Webster County Engineer.

PASSED AND APPROVED on August 17, 2010.

Webster County Board of Supervisors               ATTEST:

S/ Keith Dencklau_________________             S/ Carol Messerly __________________
Keith Dencklau, Chairman                                   Carol Messerly, Webster County Auditor

Motion carried unanimously.

Moved by Singer, seconded by Peterson to approve and authorize Chair to sign permit application from Lyle Faiferlick to construct 8 inch drainage tile across 260th Street between Section 22 and 27, township 88 North, Range 29 West, Elkhorn Township.  (Copy on file in Engineer’s office). 

Motion carried unanimously.

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

Moved by Condon, seconded by Motl to adjourn the meeting.  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.

At 9:00a.m., the Board of Supervisors met to Canvass the Coleman Water District Election held on August 17, 2010.  Moved by Peterson, seconded by Condon to approve the following as the Official Canvass of the Coleman Water District:  Linda M. Anderson 26 votes; Vickie Claude 24 votes; Shannon R. Ely 16 votes; Sheila J. Evans 38 votes; and Dennis Ray Jones 18 votes.   Sheila J. Evans, Linda M. Anderson and Vickie Claude were declared duly election as Trustees for Coleman Water District.  Motion carried unanimously.

Moved by Motl, seconded by Peterson to approve minutes of the August 17, 2010 regular meeting.  Motion carried unanimously.

Moved by Singer, seconded by Peterson to receive and place on file the following Drainage Repairs:  D.D. #57, D.D.#69, Joint D.D.# 299 Webster & #229 Hamilton; Joint D.D.#70 Webster & #95 Calhoun, D.D.#37, Joint D.D.#3 Webster & #9 Humboldt; and Joint D.D.#247 Webster & #7 Humboldt.  Motion carried unanimously.

Moved by Peterson, seconded by Condon to approve salary increase for Carolyn Clark to $16.89 per hour, effective August 1, 2010, per labor agreement.  Motion carried unanimously.

Moved by Condon, seconded by Motl to approve and authorize Chair to sign Iowa Jobs Local Infrastructure Competitive Grant Program Certificate of Expenditures.  (Copy on file in Auditor’s office).  Motion carried unanimously.

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

RESOLUTION

WHEREAS, pursuant to Iowa Code Chapter 99F(7), if a proposition to operate gambling games on an excursion gambling boat is approved by a majority of the county electorate voting on the proposition, the board of supervisors shall submit the same proposition  to the county electorate at the general election held in 2002 and, at the general election held at each subsequent eight-year interval, and question of continued operation of gambling games. 

WHEREAS, an election on the question to operate gambling games on an excursion gambling boat was approved by a majority of the county electorate on March 23, 2004.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF WEBSTER, STATE OF IOWA that the Webster County Commissioner of Elections is hereby directed to place the following proposition on the November 2, 2010 General Election ballot, as provided in Iowa Administrative Code 721 –21.820(7):

                Shall the following public measure be adopted?

                YES
                NO

The continued operation of gambling games on an excursion gambling boat or at a gambling structure in Webster County is approved.

                Summary:  The continued operation of gambling games on an excursion gambling boat or at a gambling structure in Webster County is approved.  
                The continued operation of gambling games on an excursion gambling boat or at a gambling structure in Webster County is approved.  If approved by a majority of the voters, operation of gambling games may continue on a excursion gambling boat or at a gambling structure in Webster County until the question is voted on again at the general election in eight years.  If disapproved by a majority of voters, gambling games on an excursion gambling boat or at a gambling structure in Webster County will end nine years from the date of the original issue of the license to the current licensee.

PASSED AND APPROVED, this  24th day of  August                       , 2010. 

Motion carried unanimously. 

Moved by Singer, seconded by Peterson to approve and authorize Chair to sign Application for Suspension of Taxes per Iowa Code 427.9 for real estate parcel #01000/0720282010.  (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Peterson, seconded by Condon to approve request from the City of Dayton to establish a detour on two miles of granular surfaced Quail Avenue, one mile of granular surfaced 380th Street, and one-half mile of paved surfaced Racine Avenue from approximately 9:30a.m. to 11:30a.m., Monday September 6, 2010 during the 2010 Dayton Labor Day Parade.  Motion carried unanimously.

Eldon Showers discussed drainage concern in D.D.#193.  Chairman Dencklau will assist in obtaining a request for repairs following this meeting.

County Treasurer Janice Horton announced the Motor Vehicle Department will close Wednesday and Thursday starting next week to get caught up with their work.

Virginia Carlson asked about the status of drainage repairs in D.D.#371.

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

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

Moved by Motl, seconded by Singer to approve minutes of the August 24, 2010 regular meeting.   Motion carried unanimously.

Moved by Singer, seconded by Condon to receive and place on file the following Drainage Repairs:  D.D.#202, #345, #29, #193 East Main, #176, and #375.  Motion carried unanimously.

Moved by Condon, seconded by Motl to receive and place on file the following salary increases for Webster County Public Health Department, effective August 1, 2010:                                                          

Motion carried unanimously.

Moved by Motl, seconded by Condon to approve updated Job Description for Corrections Officer, Corrections Supervisor, Jail Administrator and Assistant Jail Administrator, repealing all prior Jail related job descriptions.  (Copies on file in Auditor’s office).  Motion carried unanimously.

Moved by Motl, seconded by Condon to receive and place on file Manure Management Plan Update for Swine Graphics Enterprises, L.P., Section 9, Roland Township.  (Copy on file in Auditor’s office).  Motion carried unanimously.

The following proposals were received by the County Engineer for the purchase of two new motor graders:

         Ziegler Inc (Caterpillar)                       Murphy Tractor & Equipment (John Deere)
         New Motor Grader Prices:                      New Motor Grader Prices:
         140M = $237,193                                      770GP = $220,887
         140M AWD = $256,236                          772 GP AWD = $248,916
            
         Trade-in Allowance Options:                     Trade-in Allowance Options:
         C1 – Unit #153 = $36,500                         C1 – Unit #153 = $38,000
         C2 - Unit #253 = $68,000                          C2 - Unit #253 = $55,000
         C3 – Unit #154 = $64,500                         C3 – Unit #154 = $52,000
         C4 – Unit #159 = $43,000                         C4 – Unit #159 = $47,000
         C5 – Unit #359 = $75,000                         C5 – Unit #359 = $62,000

After consideration of initial cost, operating costs, trade-in allowances, and past experience with service and repairs, County Engineer recommended the purchase of two new 140M AWD Caterpillar Motor Graders from Ziegler Inc. (512,472.00), less trade-in allowances of Option C1 ($36,500) and Option C3 ($64,500).  Payment for one unit ($219,736) will be 30 days from delivery.  Second unit ($191,736) will be financed at 3.5% interest rate beginning 30 days from delivery with payment planned on December 20, 2011.

Moved by Condon, seconded by Motl to approve the purchase of two new 140M AWD Caterpillar Motor Graders from Ziegler Inc. in the amount of $512,472.00, less trade-in allowances of Option C1 ($36,500) and Option C3 ($64,500); and payment for one unit in the amount of $219,736 will be 30 days from delivery, and the second unit in the amount of $191,736 will be financed at 3.5% interest rate beginning 30 days from delivery with payment planned on December 20, 2011. Motion carried unanimously.

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

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