November

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 October 26, 2010 regular meeting.  Motion carried unanimously.

Moved by Singer, seconded by Peterson to receive and place on file the following Drainage Repairs:  D.D.#15; D.D.#47; D.D.#50; D.D.69; D.D.#143; Joint D.D. # 16 Webster and #31 Calhoun; Joint D.D.#70 Webster and #95 Calhoun; and Joint D.D.#102 Webster and #5 Humboldt.  Motion carried unanimously.

Moved by Peterson, seconded by Condon to approve salary increase for Christy L. Nelson to $17.14 per hour, effective November 1, 2010, per Clerk’s labor agreement.  Motion carried unanimously.

Moved by Condon, seconded by Motl to approve salary increase for Stephanine Bohan to $13.54 per hour, effective November 4, 2010, per Jailers labor agreement.  Motion carried unanimously.

Moved by Motl, seconded by Singer to approve salary adjustment for Denise Osterberg to $17.71 per hour, effective October 31, 2010, per Clerk’s labor agreement.  Motion carried unanimously.

Moved by Singer, seconded by Peterson to approve salary adjustment for Laura Barnaby to $53,000, effective October 12, 2010, per recommendation of County Attorney.  Motion carried unanimously.

Moved by Peterson, seconded by Condon to receive and place on file Manure Management Plan Update for Border Plains Cattle, LLC in Section 28, Lost Grove Township and M & K Management in Section 18, Burnside Township.  (Copies on file in Auditor’s office).  Motion carried unanimously.

Moved by Condon, seconded by Motl to approve and authorize Chair to sign new Sidwell Web Hosting Contract.  (Copy on file in Auditor’s office).  Motion carried unanimously.

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

WEBSTER COUNTY’S SNOW AND ICE REMOVAL POLICY

WHEREAS THE WEBSTER COUNTY BOARD OF SUPERVISORS DESIRES TO ADOPT A RESOLUTION TO ESTABLISH THE POLICY AND LEVEL OF SERVICE IN RESPECT TO CLEARANCE OF SNOW OR ICE AND MAINTENANCE OF WEBSTER COUNTY'S SECONDARY ROADS DURING THE WINTER MONTHS.

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

A. PAVED ROUTES 
1. The initial effort will be to get all paved routes open to two-lane traffic as soon as possible and or practicable, after a storm has past. During initial snow removal operations, paved roads may only have one lane plowed for a period of time.

2. Snow removal equipment will not normally be in operation between the hours of 6:00 P.M. to 4:00 A.M. Snow removal equipment may be called off the road if snow and blowing reduces visibility to hazardous working conditions, in the professional judgment of the Webster County Engineer or his delegated representative.

3. When required, snow removal equipment may be used to keep the paved roads open and the opening of gravel may be delayed.

4. It is not the policy of Webster County to provide a "dry" pavement condition.

5. After roads have been plowed, as provided in this section, intersections, hills, curves, or other sections of paved roads may have sand, salt, or other abrasives placed on them.  These intersections, hills, curves, or other sections of paved roads may not be re-sanded, re-salted, or have other abrasives replaced on them between snowstorms. 

B. UNPAVED ROADS 
1. The initial effort will be to get unpaved roads opened to one-lane traffic to all occupied residences as soon as possible and/or practicable after a storm has passed.

2. Snow removal equipment will not normally be in operation between the hours of 6:00 P.M. to 4:00 A.M.  Snow removal equipment may be called off the road if snow and blowing reduces visibility to hazardous working conditions, in the professional judgment of the Webster County Engineer or his/her delegated representative.

3. Snow may not be removed from unpaved roads classified as Area Service “B” and “C”, unpaved roads posted to have no snow removal, or any other unpaved road as determined by the Webster County Engineer or his/her delegated representative.

C. PRIVATE DRIVES 
Webster County will not clear snow from private drives.  Normal snow removal operations may result in snow being deposited in private drives.  Snow from private drives shall not be placed on the roadway or shoulders. 

D. MAILBOX REPLACEMENT 
Webster County will replace mailboxes destroyed or damaged during snow removal operations.  Replacement mailboxes will be generic standard sized metallic boxes.

There is no time limit after a snowstorm in which any of the above sequence of clearance, on paved or unpaved roads, shall take place.

Motion carried unanimously.

Moved by Singer, seconded by Peterson to approve unpaved roads designated to have no snow removal; and allowed plan to be published in all three newspapers in Webster County.  Motion carried unanimously.

John Haila, Architect for 2010 Law Enforcement Center Remodel Project reviewed the bids submitted October 27, 2010 at the public bid letting commenting that the project was under budget, so Alternate No. 1 not required, Alternate No. 2 included initially before Board decided to repair jail and sidewalks damaged in work are required to be repaired by Contractor with additional sidewalks possibly being damaged in Jail repair project and can be included in Jail repair project.  Also, it is anticipated that at least two or three lintels, if not all seven will require replacement under Unit Price 3.  Therefore Mr. Haila recommended that the contract for the 2010 Law Enforcement Center Remodel Project be awarded to Jensen Builders: Base Bid, Unit Prices No. 1, 2, and 3.

Moved by Peterson, seconded by Condon to award contract to Jensen Builders for 2010 Law Enforcement Center Remodel Project for the base bid, and unit prices 1, 2 and 3, per recommendation of John Haila, Architect; and further to authorize Chair to sign contract documents at the appropriate time.  Motion carried unanimously.

The meeting was opened up for public comment, and Mr. Eldon Showers addressed the Board concerning his request for the Board (as drainage district trustees) to take action regarding the D.D. 193 East Main B tile in Sec. 24, Lost Grove Township. Mr. Showers stated that the outlet was not functioning properly, and that he had evidence that a 2004 Report filed by Schlotfeldt Engineering regarding the matter was flawed. He requested that the Board give him something in writing if they were not going to address the problem.

Eric Eide, drainage district attorney, stated to the Board that since the 2004 Report had directly addressed Mr. Showers’s request and recommended against any repairs, the Board was not obligated to revisit the issue unless Mr. Showers presented new evidence from a licensed engineer. Upon receipt of an updated engineer’s report, the Board could then decide how to proceed. Mr. Showers indicated that if the Board wasn’t going to act, he would file a lawsuit.

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

The Board of Supervisors met to canvass the November 2, 2010 General Election, with the following members present: Condon, Dencklau, and Motl.  Absent:  Singer and Peterson.  

Moved by Motl, seconded by Condon to approve the following as the official canvass of the General Election held on November 2, 2010:

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.

Moved by Motl, seconded by Singer to approve minutes of the November 2, 2010 regular meeting.  Motion carried unanimously.

Moved by Singer, seconded by Peterson to receive and place on file Drainage Repairs for D.D.#116.  Moiotn carried unanimously.

Moved by Peterson, seconded by Condon to approve request to authorize second half department appropriation for MIS Department; total FY2011 appropriation is $392,738.  Motion carried unanimously.

Moved by Condon, seconded by Motl to approve and authorize Chair to sign utility permit application from MidAmerican Energy to install two poles for new street lights at the junction of Route P29 and New Highway 20 between Sections 7 and 8, Township 88 North, Range 30 West, Fulton Township.  (Copy on file in Engineer’s office).  Motion carried unanimously.

Moved by Motl, seconded by Singer to aapprove and authorize Chair to sign utility permit application from MidAmerican Energy to install 1500 feet of 2 inch gas main along the north side of Orchard Road to provide service to 1634 Orchard Road, 2232 Dawson Drive and 2233 Dawson Drive.  (Copy on file in Engineer’s office).  Motion carried unanimously.

Moved by Singer, seconded by Peterson to approve and authorize Chair to sign utility permit application from Prairie Energy Cooperative to relocate overhead power lines and trench underground electric cable to eliminate tree issues and overhead road crossing at 1738  Xavier Avenue in Section 12, Township 89 North, Range 27 West, Colfax Township. (Copy on file in Engineer’s office).  Motion carried unanimously.

Moved by Peterson, seconded by Condon to approve and authorize Chair to sign the following resolution:

RESOLUTION 11/09/10

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 new U.S. Highway 20 near Moorland requires a portion of Webster County Routes D20 and D26 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 D20 be temporarily closed to through traffic between U.S. Highway 169 and U.S. Highway 20 and Route D26 be temporarily closed to through traffic between Route D20 and Route P29 and the following roads be designated as a detour route:

From the junction of Webster County Route D20 and U.S. Highway 169; thence South on U.S. Highway 169 to the junction of U.S. Highway 20; thence West on U.S. Highway 20 to the junction of Webster County Route P29; thence North on Webster County Route P29 to the junction of Webster County Route D26

BE IT FURTHER RESOLVED that the traffic control devices for the aforementioned road closures and detour route are to be established in the field on November 10, 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 this 8th day of November, 2010.

Webster County Board of Supervisors               ATTEST:
                S/B Keith Dencklau                                            S/B Carol Messerly

Motion carried unanimously.

Nicole Jones, representing Upper Des Moines discussed FY2012 funding request.  No action taken.

Moved by Condon, 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 November 9, 2010 regular meeting and special meeting November 8, 2010.  Motion carried unanimously.

Moved by Peterson, seconded by Condon to receive and place on file the following Drainage Repairs:  D.D.#247 Webster and #7 Humboldt and D.D.#197.  Motion carried unanimously.

Moved by Condon, seconded by Motl to receive and place on file employee status change for Linda Kerwin from permanent part-time to full-time, effective November 22, 2010 at the rate of $10.50 per hour.  Motion carried unanimously.

Moved by Motl, seconded by Peterson to approve and authorize transfer from Rural Basic to Secondary Road Fund in the amount of $1,028,435, per fiscal year 2011 budget.  Motion carried unanimously.

Moved by Peterson, seconded by Condon to approve 2010 Webster County Weed Commissioners Report.  (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Motl, seconded by Peterson to approve request from Linda Rokes on behalf of Tom Rokes to forgive interest and penalty on delinquent mobile home taxes, subject to payment of the property taxes owed to date.  Motion carried unanimously.

Moved by Motl, seconded by Peterson to receive and place on file 36-month salary increase for Angela Roderick to $35,922.16, effective November 19, 2009, per office manager’s salary schedule.  Motion carried unanimously.

Moved by Peterson, seconded by Condon to approve employment of Dean Peterson, Class C Equipment Operator in Secondary Road Department, at the rate of $16.03 per hour, effective November 15, 2010.  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.

Moved by Motl, seconded by Singer to approve minutes of the November 16, 2010 regular meeting.  Motion carried unanimously.

Moved by Singer, seconded by Peterson to receive and place on file Drainage Repairs for D.D.#29.  Motion carried unanimously.

Moved by Peterson, seconded by Condon to receive and place on file Manure Management Update Plans for RSH Farms, Inc. in Section 6, Deer Creek Township and Section 6, Badger Township.  (Copies on file in Auditor’s office).  Motion carried unanimously.

Condon, seconded by Motl to adopt the following resolution:

RESOLUTION 2010-11-23 (HIGHWAY 20 FUND)

WHEREAS, Agreement No. 2006-TJ-012 between Webster County and the Iowa Department of Transportation provides for the transfer of jurisdiction of that portion of existing U.S. Highway 20 from Calhoun County line east to the north corporation limits of Moorland, which is a total length of approximately 6.5 miles, and

WHEREAS, the base compensation amount of $873,080.00 for the concept in the original transfer agreement has been adjusted to an amount of $1,520,000.00 to reflect changes in the cost of construction and as settlement for said transfer, and

WHEREAS, the Webster County Board of Supervisors desire that this money and the interest it draws be reserved for future maintenance and construction on this segment of roadway, and

WHEREAS, the Webster County Board of Supervisors passed and approved a resolution on June 21, 1988 that created a sinking fund, which is a sub fund of the Secondary Road Fund, for previous transfers of Highway 20.  
  
NOW, THEREFORE, BE IT RESOLVED that the Webster County Board of Supervisors hereby directs the Webster County Treasurer to deposit the $1,520,000.00 into the existing sinking fund for Highway 20 transfers.

BE IT FURTHER RESOLVED, that any interest which these funds, or any future funds deposited into this account, may draw shall be added to the principal and become the new balance for use at the Board’s discretion for road maintenance and construction.

PASSED AND APPROVED this 23rd day of November 2010.

S/B Keith Dencklau
Keith Dencklau, Chairman
Webster County Board of Supervisors

ATTEST:  S/B Carol Messerly
                 Carol Messerly, Webster County Auditor   

Motion carried unanimously.

Moved by Motl, seconded by Singer to approve and authorize Chair to sign utility permit application from Frontier Communications to replace defective cable along west side of National Avenue between 150th and 160th Streets in Section 31, Township 90 North, Range 28 West, Badger Township.  (Copy on file in Engineer’s office).  Motion carried unanimously.

Moved by Singer, seconded by Peterson to approve and authorize Chair to sign permit application from Terry Gordon to pave driveway at 1723 Paragon Avenue in Section 9, Township 89 North, Range 28 West, Cooper 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 the meeting adjourn.  Motion carried unanimously.

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

Moved by Singer, seconded by Peterson to approve minutes of the November 23, 2010 regular meeting.  Motion carried unanimously.

Moved by Peterson, seconded by Condon to receive and place on file Drainage Repairs for D.D.#57. Motion carried unanimously.

Moved by Condon, seconded by Singer to receive and place on file Manure Management Plan Update for Farnham Finishing in Section 17, Gowrie Township. (Copy on file in Auditor’s office).  Motion carried unanimously.

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

Notice and Call of Public Meeting

Governmental Body:           The Board of Supervisors of Webster County, State of Iowa.    

Date of Meeting:                 November 30, 2010

Time of Meeting:                 10:00 o’clock A.M.

Place of Meeting:                 Board Room, County Courthouse, 701 Central Avenue, Fort Dodge, Iowa.

PUBLIC NOTICE IS HERBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for the meeting is as follows:

$7,500,000 General Obligation Local Option Sales and Services Tax Bonds, Series 2010.

Resolution Approving the Preliminary Official Statement

Such additional matters as are set forth on the additional 1 page(s) attached hereto.

The notice is given at the direction of the Chairperson pursuant to Chapter 21, Code of Iowa, and the local rules of the governmental body.

S/B Carol Messerly
County Auditor,
Webster County,
State of Iowa

The Board of Supervisors of Webster County, State of Iowa, met in regular session, in the Board Room, County Courthouse, 701 Central Avenue, Fort Dodge, Iowa, at 10:00 A.M., on the above date. There were present Chairperson Motl, in the chair, and the following named board Members:

                                                    Robert Singer, Eddie Peterson, and Phil Condon

                                                    Absent: Keith Dencklau

Board Member Singer introduced the following Resolution entitled “RESOLUTION APPROVING THE PRELIMINARY OFFICIAL STATEMENT FOR $7,500,000 GENERAL OBLIGATION LOCAL OPTION SALES AND SERVICES TAX BOND, SERIES 2010” and moved its adoption. Board Member Peterson seconded the Resolution to adopt. The roll was called and the vote was,

                                                    AYES:    Singer, Peterson, and Condon

                                                    NAYS:    None

Whereupon, the Chairperson declared to resolution duly adopted as follows:

RESOLUTION APPROVING THE PRELIMINARY OFFICIAL STATEMENT FOR $7,500,000 GENERAL OBLIGATION LOCAL OPTION SALES AND SERVICES TAX BOND, SERIES 2010

     WHEREAS, a preliminary form of Official Statement has been prepared for the purpose of offering $7,500,000 General Obligation Local Option Sales and Services Tax bonds, Series 2010; and

     WHEREAS, it is appropriate that the form of the Preliminary Official Statement be approved and deemed final and, upon completion of the same, that the Preliminary Official Statement be used in connection with the offering of the Bonds for Sale;

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

     Section 1. The Preliminary Official Statement, in the form presented to this meeting, be and the same is hereby approved as to form and deemed final for purposed of Rule 15c2-12 of the Securities and Exchange Commission, subject to such revisions, corrections or modifications as the County Auditor, upon the advice of the County’s Financial Consultant, shall determine to be appropriate, and is authorized to be distributed thereafter in connection with the offering of the Bonds for sale.

PASSED AND APPROVED this 30th day of November, 2010.

S/B Kim Motl
Chairperson

ATTEST:
S/B Carol Messerly
County Auditor

CERTIFICATE

STATE OF IOWA                                                   )

COUNTY OF WEBSTER                                        ) SS

Motion carried unanimously.                                 )

    I, the undersigned County Auditor and Secretary of the Board of Supervisors of Webster, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the county showing proceedings of the Board, and the same is a true and complete copy of the action taken by the Board with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Board and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Board ( a copy of the face sheet of the agenda being attached hereto) pursuant to the local rules of the Board and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective offices as indicated therein, that no vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the County or the right of the individual names therein as officers to their respective positions.

WITNESS my hand and the seal of the Board hereto affixed this 30th day of November, 2010.

S/B Carol Messerly
County Auditor for the Board of Supervisors of
Webster County,
State of Iowa

Lahoma Counts, representing Elderbridge Agency on Aging rescheduled for December 21, 2010.

Mike Robertson and a few Iowa Central Community College students submitted a 2011 rent proposal for the Webster County farm ground.  No action taken.

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