Board of Supervisors

Webster County Board of Supervisors
Fort Dodge, IA 50501

 

Board of Supervisiors Meeting
Tuesday November 2, 2010

10:00 a.m. Board of Supervisors' Room
Webster County Courthouse

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:

SECTION 1 -- PURPOSE

The purpose of this resolution is to establish Webster County's policy and level of service in respect to clearance of snow or ice and maintenance of its secondary road system during the winter months, specifically defined as November through April, as provided in Section 668.10(2) (2010), Code of Iowa, and pursuant to the provisions of Section 309.67, Code of Iowa.  This policy and level of service are to be implemented within the amount of money budgeted for this service, and as contained in Webster County's secondary road budget as submitted to and approved by the Iowa Department of Transportation and adopted by the Webster County Board of Supervisors.  The clearance of roads at any cost, under any circumstances, day or night, is not Webster County's policy.

SECTION 2 -- LEVEL OF SERVICE

Clearance of snow or ice and maintenance of the secondary road system during the winter months is primarily for the benefit of the local residents of Webster County.  Each storm has individual characteristics and must be dealt with accordingly. The portion of the roadway improved for travel will have upon it snow and ice in compacted condition.  These conditions may be continuous, or they may be more concentrated on hills, in valleys, curves, and/or intersections.  The County's existing snow removal equipment will be utilized for this purpose.  On occasion Webster County personnel may be rendered unavailable due to the requirements of the Omnibus Transportation Employee Testing Act of 1991.  Except for "emergencies" as determined by the Webster County Engineer's professional judgment, or his/her designee acting in his/her absence, on a case by case basis, all clearance of snow or ice, sanding, salting, and other maintenance respecting winter conditions shall be accomplished within the amount of money budgeted for this service and as practicable.  The entire width of that portion of the road improved for travel may not be cleared of snow, ice, compacted snow and ice, or frost.  Snow cleared from that part of the roadway improved for travel shall be placed on or in the adjacent shoulder, ditch, or right of way.  Snow can be expected to accumulate adjacent to the traveled portion to the extent that a motorist's sight distance to both the left and right may be greatly reduced or impaired.  The snow removed from intersections will be piled in its corners in piles of unequal height.  The lines of sight, sight distance, or visibility of motorists approaching these intersections may be greatly reduced or impaired.  Webster County shall not be responsible for snow pushed or otherwise placed on the roadway or shoulders by others.  Motorists shall drive their vehicles during these conditions with additional caution and watchfulness, especially in respect to the surface of the roadway, and reduced or impaired visibility, and are advised to reduce their speed at least 25 miles per hour below that legally permitted or advised under normal conditions. In respect to roadways that have only one lane open, the motorist should exercise further extreme watchfulness and caution, and their speed should not exceed 10 miles per hour. During these conditions, no additional warning or regulatory signs will be placed warning of impaired sight distances, visibility at intersections, road blockages, one-lane conditions, or that the road surface is slick or slippery, or what the advised speed should be.

SECTION 3 -- SEQUENCE OF SERVICE

In the implementation of snow and ice removal and other maintenance of Webster County's secondary road system during the winter months, the Webster County Engineer shall select the actual sequence of roads to be cleared as provided for in this section of the policy, and shall determine when drifting, wind velocity, and additional snow or snowstorms require that the snow removal equipment be removed from the roadway, or that additional clearance of paved roads be accomplished prior to the clearance of gravel and dirt roads.  The Webster County Engineer's professional judgment, or his/her designee's, shall prevail, unless it is clearly erroneous.

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.

SECTION 4 -- LIMITATION OF SERVICE

Notwithstanding anything else stated in this resolution, the policy and level of service provided for in this resolution shall not include the following, and the following services shall not be performed:

A. Sanding, salting, or placing other abrasives upon the roadways that are slick, slippery, and dangerous due to the formation of frost that occurs outside Webster County’s usual working hours, except under emergency conditions as noted in Section 5. 

B. Sanding, salting, or placing of other abrasives upon paved roadways due to freezing rain that occurs outside Webster County's usual working hours, except under emergency conditions as noted in Section 5.

C. Placing of additional warning or regulatory signs warning of impaired sight distances, visibility at intersections, road blockages, one-lane conditions, or that the road surface is slick or slippery, or what the advised speed should be.

D. Sanding, salting, or placing abrasives upon any road, except for paved roads.  If in the opinion of the Webster County Engineer, or his/her designee, an "emergency" exists and ice has built up on hills and intersections on the gravel system that slope down to another road so as to become dangerous, abrasive material may be applied at these locations as crew and equipment availability allows and only as a last resort.  This condition will not, under any circumstances, take a higher priority than placing of abrasive material on the paved road system and will only be done after the paved roads are cleared of ice and snow.  Abrasive material will also only be placed after other mechanical means have been tried and failed, such as scraping with motor graders.

E. Removing of sand, salt, or other abrasives.

F. Plowing, sanding, salting, or placing of abrasives on any road that is not within the jurisdiction of the county, unless it is agreed to do so by a 28-E Agreement between Webster County and the entity having jurisdiction of the road.

SECTION 5 -- EMERGENCY

Service or the level or sequence of service may be suspended during "Emergency" conditions.  An "Emergency" condition shall be considered as one where loss of life is probable, where a serious injury has occurred, or where extensive loss of property is imminent.  These conditions should be verified through the E911 dispatcher or Sheriff's Office.  Webster County may respond to all "Emergency" conditions, either during or after a snowstorm.  Any person who makes a false report of an "Emergency" to an officer, official, or employee of Webster County or who causes a false report to be so made shall, upon conviction, be subject to a fine of not more than $100.00 or imprisonment of not more than 30 days in the County jail.  Service or the level or sequence of service shall be further suspended in the event the Governor, by proclamation, implements the State Disaster Plan, or the Chairman of the Webster County Board of Supervisors, by proclamation, implements the Webster County Disaster Plan.  If such occurs, Webster County personnel and equipment shall be immediately subject to the direction of the Governor or the Chairman of the Webster County Board of Supervisors.

SECTION 6 -- REPEALER

All ordinances and resolutions, or parts thereof, in conflict herewith are hereby repealed.

PASSED AND APPROVED this 2nd day of November 2010

Webster County Board of Supervisors:
S/B KeitDencklau
Keith Dencklau, Chairperson
                                                                   
S/B Kim Motl
Kim Motl

 S/B Robert Singer
Robert Singer

S/B Eddie Peterson
Eddie Peterson

 S/B Phil Condon
 Phil Condon            

ATTEST:

S/B Carol Messerly
Carol Messerly, Webster County Auditor

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.