Board Minutes for 07-31-2007

Regular Meeting

July 31, 2007

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

Moved by Lizer, seconded by Dencklau to approve minutes of July 24, 2007, regular meeting. Motion carried unanimously.

Moved by Dencklau, seconded by Motl to receive and place on file appointment of Lori Oeltjenbruns as rural representative on the Dayton Library Board, to fill balance of term, which expires June 30, 2009. Motion carried unanimously.

Moved by Motl, seconded by Lizer to approve and authorize Chair to sign Final Report State Reimbursement for Counties for Substance Abuse Funding Fiscal Year 2007. (Copy on file in Auditor’s office). Motion carried unanimously.

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

Moved by Dencklau, seconded by Motl to receive and place on file Manure Management annual update for Larry Alliger, Section 27, Gowrie Township. (Copy on file in Auditor’s office). Motion carried unanimously.

Moved by Motl, seconded by Lizer to approve the request from the Webster County Conservation Board to transfer $18,060.00 from General Basic Fund to Conservation Trust Fund. Motion carried unanimously.

Moved by Lizer, seconded by Dencklau to approve and authorize Chair to sign utility permit application from Frontier Communications to bury approximately 560 feet of copper telephone cable along the north side of 160^th Street in Section 32, Badger Township. (Copy on file in Engineer’s office). Motion carried unanimously.

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

RESOLUTION PROPOSING TO CLASSIFY A PORTION OF PUBLIC ROAD IN

SECTIONS 3 AND 10, T-88N, R-28W AS AREA SERVICE “C”

WHEREAS, Webster County desires to classify certain roads on the area service system in the County to provide for a minimal level of maintenance and access by means of a gate or barrier; and

WHEREAS, the County, after consultation with the County Engineer, has the authority to specify certain roads within the County as Area Service “C” roads pursuant to Iowa Code Section 309.57, and

WHEREAS, the only persons who will have access rights to the roads shall be:

(1) The owner, lessee, or person in lawful possession of any adjoining land,

(2) The agent or employee of the owner, lessee or person in lawful possession of any adjoining land,

(3) Any peace officer,

(4) Any magistrate,

(5) Any public employee whose duty it is to supervise the use or perform maintenance of the road,

(6) Any agent or employee of any utility located upon the road.

WHEREAS, the minimal level of maintenance will be as follows:

1. Blading. Blading or dragging will not be performed on a regular basis.

2. Snow and Ice Removal. Snow and ice will not be removed, nor will the road surface be sanded or salted on a regular basis.

3. Signing. Except for load limit posting for bridges, signing shall not be continued or provided. ALL AREA SERVICE LEVEL C ROADS SHALL BE IDENTIFIED WITH A SIGN AT ALL POINTS OF ACCESS TO WARN THE PUBLIC OF THE LOWER LEVEL OF MAINTENANCE.

4. Weeds, Brush and Trees. Mowing or spraying weeds, cutting brush and tree removal will not be performed on a regular basis. Adequate sight distances will not be maintained.

5. Structures. Bridges and culverts may not be maintained to carry legal loads. Upon failure or loss, the replacement structure will be appropriate for the traffic thereon.

6. Road Surfacing. There will be no surfacing materials applied to Area Service System C Roads on a regular basis.

7. Shoulders. Shoulders will not be maintained on a regular basis.

8. Crown. A crown will not be maintained on a regular basis.

9. Repairs. There will be no road repair on a regular basis.

10. Uniform Width. Uniform width for the traveled portion of the road will not be maintained.

11. Inspections. Regular inspections will not be conducted.

WHEREAS, a resolution dated March 19, 1974 on Page 54 of Road Record Book 7 vacated the public right of way in the SE1/4 of the NW1/4 of Section 10, Township 88 North, Range 28 West of the 5^th P.M., and

WHEREAS, the remaining portion of public right of way starting near the S1/4 Corner of Section 3, Township 88 North, Range 28 West of the 5^th P.M. and running southwesterly to a point along the south line of the NE1/4 of the NW1/4 of Section 10, Township 88 North, Range 28 West of the 5^th P.M. remains unimproved, and

WHEREAS, according to the Secondary Road County Engineers Listing, this remaining portion of public road is 0.410 miles and is the portion of Peterson Drive west of 230^th Street.

NOW THEREFORE BE IT RESOLVED, that the Webster County Board of Supervisors hereby proposes to classify the following described parcel of road right of way as Area Service “C”:

That remaining portion of public right of way described on Pages 129 through 132 of Road Record Book No. 5 establishing a road 40 feet wide through parts of Sections 3 and 10, Township 88 North, Range 28 West of the 5^th P.M., known as the Holiday Creek and Coalville Common Consent Road.

BE IT FURTHER RESOLVED, that a public hearing on the proposed Area Service “C” classification on above described road be set for 10:30 A.M. on the 14^th day of August, 2007 in the Supervisors Room of the Webster County Courthouse in Fort Dodge, Iowa, and that the County Engineer send notice to adjacent landowners explaining proposed classification and requesting their oral or written comments.

Attest: s/Carol Messerly s/Greg Nolting, Chairperson

Webster County Auditor Webster County Board of Supervisors

Date July 31, 2007

Motion carried unanimously.

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

RESOLUTION PROPOSING TO CLASSIFY A PORTION OF PUBLIC ROAD IN

SECTION 27, T-89N, R-29W AS AREA SERVICE “C”