Minutes of the November 24, 2008 Sac County Supervisors Meeting
10:00 AM
The Sac County Board of Supervisors met in regular session with all members present, Rick Hecht, Chairman, presiding. The minutes of the last meeting were approved as submitted.
It was moved by Stock and seconded by Bensley to amend the agenda to discuss a grant application for endowment funding. Ayes all, motion carried.
It was moved by Bensley and seconded by Stock to approve the amended agenda. Ayes all, motion carried.
Vicki Peyton, County Treasurer, informed the Board the Michelle Quail was hired on a part-time basis to work in the motor vehicle department.
It was moved by Bensley and seconded by Stock to approve the hiring of Bethany Burns to work in the County Recorder’s office and the Driver License testing department. Ayes all, motion carried.
Ann Trimble-Ray, representative from the Sac County Endowment Foundation reviewed the progress on the Sac City Senior Center renovation and discussed differences in the grant application and the original narrative of the project. Ms. Trimble-Ray suggested that the application should be re-written to include only the scope of work which was suggested on the original discussion with the Board of Supervisors. No action was taken.
It was moved by Stock and seconded by Bensley to direct the Chairman of the Board to sign a letter agreeing to serve as fiscal agent for a Sac County Endowment grant application for Sac County Conservation. Ayes all, motion carried.
The Board of Supervisors received a proposal for a union contract renewal from the Secondary roads union, which calls for a 5% wage increase, changes in sick leave benefits and additional vacation days after certain number of years of employment. The Board will respond with a counter proposal within the allowable time frame.
The County Engineer updated the Board on activities of the county road crews and the status of current maintenance and construction projects.
With there being no further business, on motion, the meeting was adjourned.
Secretary S/ James W. Dowling Chairman
Sac City Council (kind of) denies holding behind the scenes meetings
The following is a transcript of a rare unrehearsed conversation that happened at the City Council meeting, (yes those still happen occasionally.)
1. In any case where the participant stuttered or stammered, I have inserted a "..." to make the words they were speaking more readable.
2. In any case where the participant was cut off by another I have inserted a "-" at the place in their sentence where the other person began to speak.
3. Anything between brackets, "[ ]" has been added by the writer and are inserted for clarity.
4. This transcript was made from a video recording of the Sac City Council meeting that took place on November 23, 2009.
BEGIN TRANSCRIPT
BILL BRENNY : You know, I'd like to make ...a comment ...Curtis [BLOES] brought up the fact that, you know from some of our bullets, it seems like we're meeting behind the scenes or in advance. And when we took our training for become City Council members we were all well schooled, you know in the open meetings laws and what we could and couldn't do by an attorney from the Iowa League of Cities and I will say we, to my knowledge, follow that to a "T."
...in fact this morning I ...just met with Adam [LEDFORD] and he was coming out and I noticed two other City Council members happened to be meeting with one of the utility people and I said ...I opened up the door and they were meeting in here [MAKES GESTURE INDICATING CITY COUNCIL CHAMBERS] and I opened up the door and I said, "I can't come in, I'd be in violation of the open meetings law." and Jim Frederick said, "I'll leave so you can come in."
JIM FREDERICK : We were done with what we were talking about anyway.
BILL BRENNY : ...and you know, so ... and I'm not trying to ...attack Curtis [BLOES] or anything. I just want the public to know that we have really bent over backwards to be open-
BRIAN MUSKA : that we're conscious about it.
BILL BRENNY : That we're conscious about it and -
ADAM LEDFORD : And to be all honest, technically if you're not talking about City business, if you would have come in just to socialize, you could ... that one of the-
BRIAN MUSKA : Well one could interpret that we are, and that's what we're faced with out in the community and ...we are sympathetic to that, we understand that and we don't conduct business- Although many may be under the impression but we're human as well and we can have a civil conversation out in the public other than City business.
BILL BRENNY : You know, and I would attribute it to Adam [LEDFORD] kind of keeping us up to speed what's going on. He leaves Monday aside for the city council people to come in and visit with him so ... we kind of are up to speed what's going on so it might seem like it's a foregone conclusion when in fact it's really, "we've done our homework before hand." We have summaries going in and ...we were told at the pre-training meetings, "be sure and come to meetings prepared." So I make sure I go through all the things that we're being addressed on. I'm familiar with, you know I trust the people that work on the respective committees, that they're bringing good information to us and you can't serve on everything, so I trust the recommendations of the other ...council members until I have reason to believe otherwise and I haven't one, so ...it may seem like we're in concurrence on a lot of things and that's because I think we work real well together so.
...and I'm not attacking you Curtis [BLOES], I'm just saying, i think we've done a very good job in this respect and I would challenge anyone to find anything to the contrary.
END TRANSCRIPT
Mr. Brenny suggested that the City Administrator leaves Mondays open for City Councilmen to come in and chat ... to be brought up to speed as it were. By his own testimony systematic communications are occurring which involve members of the Sac City Council acquiring substantive information for an upcoming meeting and engaging in debate, discussion, or any other aspect of the deliberative process either among themselves or with the City Administrator or other staff. I am able to make this charge because regularly, there is literally not a single word said before an issue goes to vote. Every single meeting contains at least one instance, if not several examples of, the City Councilmen voting on something on which they have not deliberated after the meeting has started. It’s not like it’s a big secret. It’s not like they are trying to hide the fact that they have already discussed some of these issue in some other forum. They just vote whatever was decided upon earlier, and then move on.
According to Attorney General Tom Miller’s website, http://www.iowa.gov/government/ag/sunshine_advisories/2002/november.html “Discussions of policy issues -- even when no votes are taken -- are covered by the Open Meetings Law." Mr. Brenny has freely admitted that the councilmen are coming in on Mondays to be brought, "up to speed." or in other words, having conversations about policy issues. He, in fact, said that he witnessed two other city council members engaging in discussion regarding utilities, (a topic that was then not addressed during the city council meeting that evening. No doubt, they were having a behind the scenes meeting about the cancelled item on the agenda for that evening which had (surprise) to do with utilities.)
The Sac City Council passed a whole list of other items with no discussion. Were those items discussed earlier that day? Because there was zero discussion during the meeting, the only conclusion that someone with the ability to work out 2+2 can come to is "Yes."
Since these communications occur in private without announcement, a large part of the process by which members reach their decisions are occurring outside of the public eye. Under the current circumstances, the public is only able to witness the shorthand version of the deliberative process, which because there is no discussion, must be taking place outside of the bounds of the open meetings in which these discussions are supposed to take place.
There really isn’t a question about this, “Monday meetings" in spirit are exactly the same as the infamous "Thursday meetings" of five years ago. The only difference is that this set of council members has agreed not to meet at the same time. The City Administrator, through his briefings acts as the meeting moderator and all of the information can be passed through him, instead of from mouth to ear. The Monday meetings deliberately get the council members out of having to publically discuss anything they may find uncomfortable.
…And one can understand why they may prefer not to discuss everything in open meeting. For instance, in early 2009 they approved reimbursement for a pair of panties for a city employee as part of her regular compensation package. Later in the year, they reimbursed a City Council member over $400 to drive their own vehicle to Dubuque to attend training. Did he publicly share to what end he would apply the training? Do you really think the answer might be yes?
ALL of the Sac City Councilmen at one point or another were paid hundreds of dollars and put up in reasonably nice hotels to be on vacation. (If asked, they’ll undoubtedly insist that it was training. I’ve attended a few seminars myself and know better than to believe that line.) Like I said, one can understand why they might want to use these off the record “Monday Meetings” to decide how to vote about these items and not have to have these discussions in public.
Perhaps the way around this would be to ask that the City Administrator if he would be willing to record every single one of these Monday conversations and then play those conversations back during the City Council meeting so that the public can participate in the deliberative process or at least hear the discussion that they should be having during the council meeting.
It kind of seems like the easiest way to avoid the eventuality that they will be turned in and investigated is to just quit having the Monday meetings altogether. They could start conducting their conversations and deliberations at 6:30PM every second and fourth Monday of the month. But then again, the hard way makes a better story…
The Sac City Council, as evidenced by the fact that they express being conscious of avoiding gathering in quorum size don’t seem to want to deliberately violate Iowa’s open meetings laws. If you believe Mr. Brenny’s words, you can see that they are making an effort to conform to those laws. Their problem seems to be in regards to these troubling pre-meeting briefings. The city hides behind the excuse that they are legal without ever addressing the fact that the there is more honesty in just sitting down and working through the issues the way they are supposed to do... without deliberating before the meeting begins.
I am willing to bet that if I began litigation tomorrow, the hours upon hours of video I have documenting the city council NOT holding fourth publically would convince any judge that they are, by lack of discussion, serial violators of the Iowa open meeting laws… it’s just too obviously true to be denied.
1. In any case where the participant stuttered or stammered, I have inserted a "..." to make the words they were speaking more readable.
2. In any case where the participant was cut off by another I have inserted a "-" at the place in their sentence where the other person began to speak.
3. Anything between brackets, "[ ]" has been added by the writer and are inserted for clarity.
4. This transcript was made from a video recording of the Sac City Council meeting that took place on November 23, 2009.
BEGIN TRANSCRIPT
BILL BRENNY : You know, I'd like to make ...a comment ...Curtis [BLOES] brought up the fact that, you know from some of our bullets, it seems like we're meeting behind the scenes or in advance. And when we took our training for become City Council members we were all well schooled, you know in the open meetings laws and what we could and couldn't do by an attorney from the Iowa League of Cities and I will say we, to my knowledge, follow that to a "T."
...in fact this morning I ...just met with Adam [LEDFORD] and he was coming out and I noticed two other City Council members happened to be meeting with one of the utility people and I said ...I opened up the door and they were meeting in here [MAKES GESTURE INDICATING CITY COUNCIL CHAMBERS] and I opened up the door and I said, "I can't come in, I'd be in violation of the open meetings law." and Jim Frederick said, "I'll leave so you can come in."
JIM FREDERICK : We were done with what we were talking about anyway.
BILL BRENNY : ...and you know, so ... and I'm not trying to ...attack Curtis [BLOES] or anything. I just want the public to know that we have really bent over backwards to be open-
BRIAN MUSKA : that we're conscious about it.
BILL BRENNY : That we're conscious about it and -
ADAM LEDFORD : And to be all honest, technically if you're not talking about City business, if you would have come in just to socialize, you could ... that one of the-
BRIAN MUSKA : Well one could interpret that we are, and that's what we're faced with out in the community and ...we are sympathetic to that, we understand that and we don't conduct business- Although many may be under the impression but we're human as well and we can have a civil conversation out in the public other than City business.
BILL BRENNY : You know, and I would attribute it to Adam [LEDFORD] kind of keeping us up to speed what's going on. He leaves Monday aside for the city council people to come in and visit with him so ... we kind of are up to speed what's going on so it might seem like it's a foregone conclusion when in fact it's really, "we've done our homework before hand." We have summaries going in and ...we were told at the pre-training meetings, "be sure and come to meetings prepared." So I make sure I go through all the things that we're being addressed on. I'm familiar with, you know I trust the people that work on the respective committees, that they're bringing good information to us and you can't serve on everything, so I trust the recommendations of the other ...council members until I have reason to believe otherwise and I haven't one, so ...it may seem like we're in concurrence on a lot of things and that's because I think we work real well together so.
...and I'm not attacking you Curtis [BLOES], I'm just saying, i think we've done a very good job in this respect and I would challenge anyone to find anything to the contrary.
END TRANSCRIPT
Mr. Brenny suggested that the City Administrator leaves Mondays open for City Councilmen to come in and chat ... to be brought up to speed as it were. By his own testimony systematic communications are occurring which involve members of the Sac City Council acquiring substantive information for an upcoming meeting and engaging in debate, discussion, or any other aspect of the deliberative process either among themselves or with the City Administrator or other staff. I am able to make this charge because regularly, there is literally not a single word said before an issue goes to vote. Every single meeting contains at least one instance, if not several examples of, the City Councilmen voting on something on which they have not deliberated after the meeting has started. It’s not like it’s a big secret. It’s not like they are trying to hide the fact that they have already discussed some of these issue in some other forum. They just vote whatever was decided upon earlier, and then move on.
According to Attorney General Tom Miller’s website, http://www.iowa.gov/government/ag/sunshine_advisories/2002/november.html “Discussions of policy issues -- even when no votes are taken -- are covered by the Open Meetings Law." Mr. Brenny has freely admitted that the councilmen are coming in on Mondays to be brought, "up to speed." or in other words, having conversations about policy issues. He, in fact, said that he witnessed two other city council members engaging in discussion regarding utilities, (a topic that was then not addressed during the city council meeting that evening. No doubt, they were having a behind the scenes meeting about the cancelled item on the agenda for that evening which had (surprise) to do with utilities.)
The Sac City Council passed a whole list of other items with no discussion. Were those items discussed earlier that day? Because there was zero discussion during the meeting, the only conclusion that someone with the ability to work out 2+2 can come to is "Yes."
Since these communications occur in private without announcement, a large part of the process by which members reach their decisions are occurring outside of the public eye. Under the current circumstances, the public is only able to witness the shorthand version of the deliberative process, which because there is no discussion, must be taking place outside of the bounds of the open meetings in which these discussions are supposed to take place.
There really isn’t a question about this, “Monday meetings" in spirit are exactly the same as the infamous "Thursday meetings" of five years ago. The only difference is that this set of council members has agreed not to meet at the same time. The City Administrator, through his briefings acts as the meeting moderator and all of the information can be passed through him, instead of from mouth to ear. The Monday meetings deliberately get the council members out of having to publically discuss anything they may find uncomfortable.
…And one can understand why they may prefer not to discuss everything in open meeting. For instance, in early 2009 they approved reimbursement for a pair of panties for a city employee as part of her regular compensation package. Later in the year, they reimbursed a City Council member over $400 to drive their own vehicle to Dubuque to attend training. Did he publicly share to what end he would apply the training? Do you really think the answer might be yes?
ALL of the Sac City Councilmen at one point or another were paid hundreds of dollars and put up in reasonably nice hotels to be on vacation. (If asked, they’ll undoubtedly insist that it was training. I’ve attended a few seminars myself and know better than to believe that line.) Like I said, one can understand why they might want to use these off the record “Monday Meetings” to decide how to vote about these items and not have to have these discussions in public.
Perhaps the way around this would be to ask that the City Administrator if he would be willing to record every single one of these Monday conversations and then play those conversations back during the City Council meeting so that the public can participate in the deliberative process or at least hear the discussion that they should be having during the council meeting.
It kind of seems like the easiest way to avoid the eventuality that they will be turned in and investigated is to just quit having the Monday meetings altogether. They could start conducting their conversations and deliberations at 6:30PM every second and fourth Monday of the month. But then again, the hard way makes a better story…
The Sac City Council, as evidenced by the fact that they express being conscious of avoiding gathering in quorum size don’t seem to want to deliberately violate Iowa’s open meetings laws. If you believe Mr. Brenny’s words, you can see that they are making an effort to conform to those laws. Their problem seems to be in regards to these troubling pre-meeting briefings. The city hides behind the excuse that they are legal without ever addressing the fact that the there is more honesty in just sitting down and working through the issues the way they are supposed to do... without deliberating before the meeting begins.
I am willing to bet that if I began litigation tomorrow, the hours upon hours of video I have documenting the city council NOT holding fourth publically would convince any judge that they are, by lack of discussion, serial violators of the Iowa open meeting laws… it’s just too obviously true to be denied.
Sac City Code 1.14 to be changed
On november 23, 2009 the Sac City Council passed the first reading of ordinance 2009-217 changing chapter 1.14 of the code of ordinances of the Code of Sac City, Iowa. The following is a copy of that modified code.
The portion highlighted used to read "not more than five hundred dollars ($500.00)"
The second reading of this ordinance will be on December 14, 2009.
The portion highlighted used to read "not more than five hundred dollars ($500.00)"
The second reading of this ordinance will be on December 14, 2009.
Sac City Code 3.04 to be changed
On november 23, 2009 the Sac City Council passed the first reading of ordinance 2009-216 changing chapter 3.04 of the code of ordinances of the Code of Sac City, Iowa. The following is a copy of that ordinance.
The portion highlighted used to read "and one copy shall be sent to the Clerk of the District Court."
The second reading of this ordinance will be on December 14, 2009.
The portion highlighted used to read "and one copy shall be sent to the Clerk of the District Court."
The second reading of this ordinance will be on December 14, 2009.
Sac City Code 92.07 changed
On November 23, 2009 the Sac City Council changed ordinance 92.07 of the code of ordinances of the Code of Sac City, Iowa via ordinance 2009-215. The Sac City council waived the second and third readings of this ordinance.
The section highlighted red used to read, "A change in tenant shall require a new written notice to be given to the City within ten (10) business days of the change in tenant."
The section highlighted in blue use to read "A change in the ownership of the residential rental property shall require written notice of such change to be given to the City within ten business days of the completion of the change of ownership"
Sac City, FAA spend $30,119.70 at the airport
The Sac City Council voted on November 23, 2009 to pay the following bill from Voltmer in the amount of $30,119.70 for work performed on the Elictrical vault project.
The Federal Aviation Administration picked up $28,614.00 of the bill, and taxpayers paid $1,505.70.
So far this year, the Sac City has committed $21,855.74 taxpayer dollars to the airport for projects. (this is not counting claims and payroll)
The Federal Aviation Administration picked up $28,614.00 of the bill, and taxpayers paid $1,505.70.
So far this year, the Sac City has committed $21,855.74 taxpayer dollars to the airport for projects. (this is not counting claims and payroll)
November 23, 2009 Sac City Council Call to Order
On November 23, 2009 at 6:30PM the Sac City Council came to order with the following City Councilmen Present: Jim Johnston, Brian Muska, Bill Brenny, Jim Frederick, and Gary Hansen. No Councilmen were absent.
Also in attendance were Mayor Barb Powell, City Administrator Adam Ledford, Sac City Chief of Police John Thomsen, two city employees, Snyder and Associates representative Darin Jacobs, two private citizens and two media.
The evening’s agenda, the minutes of the November 9, 2009 Sac City Council Meeting, and receipts and disbursements in an unspecified amount that was not made available to the public were approved without comment, except for the abstention from those votes by Councilmen Johnston and Muska due to their non-attendance of the November 9, 2009 Sac City Council Meeting.
Also in attendance were Mayor Barb Powell, City Administrator Adam Ledford, Sac City Chief of Police John Thomsen, two city employees, Snyder and Associates representative Darin Jacobs, two private citizens and two media.
The evening’s agenda, the minutes of the November 9, 2009 Sac City Council Meeting, and receipts and disbursements in an unspecified amount that was not made available to the public were approved without comment, except for the abstention from those votes by Councilmen Johnston and Muska due to their non-attendance of the November 9, 2009 Sac City Council Meeting.
Sac City Iowa sewers on Gishwiller, South 11th to be fixed
The following resolution was approved without comment at the November 23, 2009 Sac City Council meeting. It is the final approval of the plans for fixing the sanitary sewers on Gishwiller between South 11th and South 12th Streets, and on South 11th Street between Gishwiller and Bailey.
On November 19, 2009 at 2:00PM the city took bids for lining the sanitary sewers on Gishwiller between South 11th and South 12th Streets, and on South 11th Street Between Gishwiller and Bailey. As you can see from the following bid tab, (linked) Municipal Pipe Tool Company out of Hudson Iowa had the low bid, coming in under the engineer's estimate by just under $100 thousand dollars.
(in the interest of readability, this document is merely linked instead of being displayed)
The alternates at the bottom of the chart apply to line #9, rehabilitation of manholes. Those alternates are different alternatives for rehabbing the manholes. The city took bids for redoing the manholes in what they were advised by Snyder and Associates was the best method, but not the only method. As the manholes are individually examined, the method for rehabbing them will be individually determined and charged to the city using the alternative chart.
There are 79 manholes that will be redone.
Because the bids are so low, the Sac City Council is considering extending the sewer lining project all the way to the Aquatic Center. According to Snyder and Associates representative Darin Jacobs, extending the job would very roughly cost an additional $15,000. Sac City Maintenance Department Head Bob Scheffler said that they "smoked" the sewer in that extended area and smoke came out everywhere. He therefore recommended that the City Council go that extra few blocks.
The Sac City Council awarded the bid to Municipal Pipe Tool Company, and will consider extending the job at a future date.
November 20, 23 2009 ESC V G BB Stats
The following is the link to the November 20 and November 23, 2009 East Sac County Varsity Girls Basketball Games stats. (real sports junkie data)
http://www.flickr.com/photos/saccity/sets/72157622760550483/
These are really big image files. The format will improve in the future.
A Gentle Thanksgiving Reminder for Mayor Barb Powell
On March 24, 2008 Mayor Barb Powell permanently replaced the Public Forum with the Council Forum, thus shutting down the public's participation in that portion of the meeting.
March 10, 2008 agenda with Public Forum still intact
March 24, 2008 agenda with the Public Forum removed and replaced with Council Forum
Sac County Fair Granted Liquor License
by Curtis Bloes
At the November 23, 2009 Sac City Council meeting the vote to renew the Sac County Fair’s class “C” license with outdoor service and Sunday sales came up.
During the “Citizen’s Opportunity to Address the Council” I noted publically that every time the Sac City Council votes without discussion on an item, it means that the council has had the discussion outside of the City Council meeting.
Sac City Councilman Brian Muska, obviously intending to make fun of me asked generally that if they voted on the license without discussion, would it mean that they held a meeting regarding it previously? …right before he then held a discussion with the SCPD Chief of Police about whether it was advisable to grant the Sac County Fair the licensein question. Police Chief Thomsen indicated that there were no law enforcement issues of concern regarding granting the Sac County Fair this license.
The Sac City Council always consults law enforcement openly and publically before granting any entity a liquor license, therefore the answer to Brian Muska’s question is “yes” if the city council voted on the license without discussion, it would mean that the discussion took place outside of the City Council Meeting. In fact, on those rare occasions (one time that I have witnessed,) when law enforcement could not be on hand to discuss liquor licenses, City Administrator Adam Ledford has admitted to holding a brief meeting with law enforcement outside of the City Council meeting so that HE could then report those findings to the Sac City Council in open meeting, before the vote.
After the discussion, the Council unanimously agreed to grant the Sac County Fair a class “C” liquor license with outdoor service and Sunday sales.
Sac City Council Dropping the Ball, TSN picking it up
by Curtis Bloes
It is my observation that the Sac City Council utilizes a series of off the record email meetings, one on one meetings, and any number of other legal but ethically shaky sub-quorums for becoming informed about how to vote about the city’s financial data before an open meeting ever begins.
When on November 9, 2009 Councilman Jim Frederick said, “I reviewed the claims this afternoon, they all looked in order.” He was not just giving a preamble to a vote on claims, he was conducting the most comprehensive financial report EVER CONDUCTED IN PUBLIC in the last 30 months by the Sac City Council.
After the November 23, Sac City Council meeting, I told Councilman Brenny that he personally, and the Council and Sac City Government as a whole are doing a “Shitty job” of keeping the public informed about these matters. Mr. Brenny’s response was that my assessment was a matter of opinion, implying that there are those that would probably hold the opinion that they were doing a pretty good job. I say to Mr. Brenny publically now, and will repeat to his face the next time I see him; Mr. Brenny, those that think you are doing a good job of keeping the public informed about the financial status of our government, are not paying attention.
Because the Sac City Council have shown zero interest in publically disclosing Sac City’s financial standing during their meetings, (you know, when they are supposed to,) I am developing a financial worksheet based on Sac School Board Secretary Frank Strain’s most excellent report that he generates for the school board. Mr. Ledford has preliminarily agreed to fill in the blanks of any financial worksheet I give him, with a probable monetary consideration for his time spelled out in Iowa Code, to which I have agreed, (and have the budget for, thank you all very much for your patronage .)
It is a damn shame when a private citizen has to pay money to find out and put out this information when we have 5, (well… 3 most of the time,) City Councilmen and a Mayor who could be requiring that this information be put out by their employee, the City Administrator during the city council meeting.
If you have any suggestions for fields you would like me to include on this worksheet drop me a line.
Is the Sac City Council Actually Going to Re-appoint Shirley Phillips to the Planning and Zoning Board?
By Curtis Bloes
You read it here first. Shirley Phillips, who has presided over what is in my opinion, the least user-friendly Planning and Zoning Board in recent Sac City history,* is due to be considered for reappointment to that board in January of 2010.
Her reappointment by the Sac City Council will send a clear message to the people of Sac City that they approve of the tactics she employed in the recent Zoning Map debacle. The entire P&Z Board under her direction attempted to pass major changes to Sac City's land use without informing the actual landowners whom those changes would affect. (To be fair, they did publish the bare minimum that is legally required, in tiny print, in the back of the Sac Sun… arguably the #2 place to publish information if you don’t want anyone in Sac County to read it.)**
The only reason anyone knew these changes were going to be made is because the Sac City Administrator took it upon himself to send a letter to the affected citizens informing them that there was going to be a hearing regarding their land use change. The Planning and Zoning Board took no such measures and repeatedly mocked the citizens who showed up that did not want their rights yanked out from underneath of them. The P&Z Board characterized those citizens as either selfish, or “against progress.” ***
Sac City Council… Do you need Shirley Phillips continuing to make your own jobs harder than they need to be? Do you need Shirley Phillips drawing what could be relatively painless months long procedures out into years long ordeals, and THEN blaming landowners and taxpayers for the problems her style of "leadership" created?
Please send the message that Sac City is no longer interested in Shirley Phillips brand of “help.” A vote FOR Shirley Phillips to continue in her role on the Sac City Planning and Zoning board is a vote AGAINST open and honest government. How many strikes does she get?
Plus, appointing fresh blood into these high profile positions is never a bad thing... Remember, that kind of thinking is the reason 4/5 of you (after January) hold your elected positions.
(…Now, let’s all kick back and see if Councilman Brian Muska re-pays Shirley Phillips for her help with his water problem at Evapco by voting to allow her to stay on the Sac City Planning and Zoning board.)
-----
* About 5 years ago, the Sac City Planning and Zoning Board attempted to make criminals of downtown business owners by introducing a rule that, among many other things, would make it a crime to paint the outside of a private business a color that wasn’t pre-approved by the city.
**#1 is the Lake View Resort.
*** As far as I can tell, “Progress,” as espoused by Shirley Phillips and her crew of sycophants, has something to do with making it easier for out-of-county box stores to compete directly with in-town family businesses via the Highway 20 bypass… and having a really tiny school with a dwindling spending authority.
smcr011545
All people accused of crimes are presumed innocent until they proven guilty. The disposition of all cases are subject to change without notice. These documents are freely available for examination at the Sac County Courthouse. Anonymous comments about people accused of crimes are disabled.
owcr011547
All people accused of crimes are presumed innocent until they proven guilty. The disposition of all cases are subject to change without notice. These documents are freely available for examination at the Sac County Courthouse. Anonymous comments about people accused of crimes are disabled.
srcr011544
All people accused of crimes are presumed innocent until they proven guilty. The disposition of all cases are subject to change without notice. These documents are freely available for examination at the Sac County Courthouse. Anonymous comments about people accused of crimes are disabled.
srcr011546
All people accused of crimes are presumed innocent until they proven guilty. The disposition of all cases are subject to change without notice. These documents are freely available for examination at the Sac County Courthouse. Anonymous comments about people accused of crimes are disabled.
agcr011543
All people accused of crimes are presumed innocent until they proven guilty. The disposition of all cases are subject to change without notice. These documents are freely available for examination at the Sac County Courthouse. Anonymous comments about people accused of crimes are disabled.
smcr011542
All people accused of crimes are presumed innocent until they proven guilty. The disposition of all cases are subject to change without notice. These documents are freely available for examination at the Sac County Courthouse. Anonymous comments about people accused of crimes are disabled.
VIDEO : 11-23-09 Sac City Council Moves Forward with Sanitary Sewer Repair
III. Public Hearing.
A. Public Hearing to Hear Comments and Concerns on Proposed Plans and Specifications,
Proposed Form of Contract and Estimate of Cost for the Sanitary Sewer Lining
Improvements Project and the Taking of Bids Therefor.
1. Consideration of Resolution No. 2009-16 entitled, “Resolution Finally Approving
and Confirming Plans, Specifications, Form of Contract and Estimate of Cost for the
Sanitary Sewer Lining Improvements Project”.
2. Discussion of Bids for the Sanitary Sewer Lining Improvements Project.
3. Consideration of Resolution No. 2009-17 entitled, “Resolution Making Award of
Contract for the Sanitary Sewer Lining Improvements Project”.
A. Public Hearing to Hear Comments and Concerns on Proposed Plans and Specifications,
Proposed Form of Contract and Estimate of Cost for the Sanitary Sewer Lining
Improvements Project and the Taking of Bids Therefor.
1. Consideration of Resolution No. 2009-16 entitled, “Resolution Finally Approving
and Confirming Plans, Specifications, Form of Contract and Estimate of Cost for the
Sanitary Sewer Lining Improvements Project”.
2. Discussion of Bids for the Sanitary Sewer Lining Improvements Project.
3. Consideration of Resolution No. 2009-17 entitled, “Resolution Making Award of
Contract for the Sanitary Sewer Lining Improvements Project”.
VIDEO : Sac County Supervisors -Secondary Roads Initial Proposal in Salary-Benefit negotiations - Conservation Board Request - 11-24-09
1. Secondary Roads Initial Proposal in Salary-Benefit negotiations (part 1)
1. Secondary Roads Initial Proposal in Salary-Benefit negotiations (Part 2)
2. Conservation Board Budget Scheduling Request
1. Secondary Roads Initial Proposal in Salary-Benefit negotiations (Part 2)
2. Conservation Board Budget Scheduling Request
VIDEO : Sac County Supervisors - County Engineers Report - 11-24-09
(Part 1)
(Part 2)
(Part 3)
(Part 4)
(Part 2)
(Part 3)
(Part 4)
Minutes of the November 17, 2009 Sac County Supervisors Meeting
11/17/2009
November 17, 2009
Board Room
10:00 AM
The Sac County Board of Supervisors met in regular session with all members present, Rick Hecht, Chairman, presiding. The minutes of the last meeting were approved as submitted.
It was moved by Stock and seconded by Bensley to amend the agenda to consider a bid to spray open drainage ditches. Ayes all, motion carried.
It was moved by Bensley and seconded by Stock to approve the agenda as amended. Ayes all, motion carried.
It was moved by Stock and seconded by Bensley to approve the claims as listed on the claims register in the Auditor’s office. Ayes all, motion carried.
It was moved by Bensley and seconded by Stock to approve the drainage claims as submitted. Ayes all, motion carried.
It was moved by Stock and seconded by Bensley to approve a quote on spraying 28.7 miles of open drainage ditches submitted by B&W Control Specialists for a total of $45,000.00. Ayes all, motion carried.
The County Engineer updated the Board on activities of the county road crews and the status of current maintenance and construction projects.
The Board and the Engineer reviewed a letter from an attorney regarding damage to a fence as a result of snow removal. No action was taken.
With there being no further business, on motion, the meeting was adjourned.
Secretary S/ James W. Dowling Chairman
VIDEO : 11-23-09 Sac City Council Department Head Reports and Forum
K. Committee and Department Head Reports.
VIII. Council Forum.
IX. Adjournment.
VIII. Council Forum.
IX. Adjournment.
VIDEO : 11-23-09 Sac City Council Directs Administrator to submit sealed bid
J. Request of Council’s Permission to Place a Sealed Bid on Playground Equipment.
VIDEO : 11-23-09 Sac City Council Amends Provisions Pertaining to Code of Ordinances
I. Introduction and 1st Reading of Ordinance No. 2009-217 entitled, “An Ordinance Amending
the Code of Ordinance of the City of Sac City, Iowa by Amending Provisions Pertaining to Code of Ordinances”.
the Code of Ordinance of the City of Sac City, Iowa by Amending Provisions Pertaining to Code of Ordinances”.
VIDEO : 11-23-09 Sac City Council Amends Municipal Infractions Ordinance
H. Introduction and 1st Reading of Ordinance No. 2009-216 entitled, “An Ordinance Amending the Code of Ordinances of the City of Sac City, Iowa by Amending Provisions Pertaining to Municipal Infractions”.
VIDEO : 11-23-09 Sac City Council Amends Water Rate Provisions
G. Introduction and 1st Reading of Ordinance No. 2009-215 entitled, “An Ordinance Amending the Code of Ordinances of the City of Sac City, Iowa by Amending Provisions Pertaining to Water Rates”.
VIDEO : 11-23-09 Sac City Council - Zoning Ordinance, 3rd Reading
F. 3rd and Final Reading and Consideration of Ordinance No. 2009-214 entitled, “An Ordinance Establishing a Zoning Map for the Incorporated City of Sac City, Sac County, Iowa”.
VIDEO : 11-23-09 Sac City Council Awards WWTP Improvement Project Contract
D. Discussion of Bids for WWTP Improvement Project.
E. Consideration of Resolution No. 2009-15 entitled, “Resolution Making Award of Contract for the WWTP Improvement Project”.
E. Consideration of Resolution No. 2009-15 entitled, “Resolution Making Award of Contract for the WWTP Improvement Project”.
VIDEO : 11-23-09 Sac City Council - Alvin Quail Resigns
C. Consideration of Alvin Quail’s Resignation.
VIDEO : 11-23-09 Sac City Council Allows Removal of Sidewalk
VII. Miscellaneous.
A. Terri Moland to Address the Council on Forgiveness of her Disconnect Notice Fee. (no show)
B. Consideration of a Request by Scott and Kristi Fairbrother to Allow Removal of a Sidewalk
at 505 Platt Street.
A. Terri Moland to Address the Council on Forgiveness of her Disconnect Notice Fee. (no show)
B. Consideration of a Request by Scott and Kristi Fairbrother to Allow Removal of a Sidewalk
at 505 Platt Street.
VIDEO : 11-23-09 Sac City Council Renews Sac County Fair Liquor License
VI. License and Permits.
A. Renewal License for Sac County Fair dba Sac County Fair Class “C” Liquor License with
Outdoor Service and Sunday Sales.
A. Renewal License for Sac County Fair dba Sac County Fair Class “C” Liquor License with
Outdoor Service and Sunday Sales.
VIDEO : 11-23-09 Sac City Council - Citizen's Opportunity to Address the Council
V. Citizens Opportunity to Address the Council on Items Not on the Agenda.
VIDEO : 11-23-09 Sac City Council Approves Spending for Airport
IV. Projects.
A. Airport Electrical Vault Building Project.
1. Consideration of Draw Down #6 of FAA Funds in the Amount of $28,614.00.
2. Consideration of Voltmer Electric’s Bill in the Amount of $30,119.70.
3. Consideration of Approving City’s Portion in the Amount of $321.81.
A. Airport Electrical Vault Building Project.
1. Consideration of Draw Down #6 of FAA Funds in the Amount of $28,614.00.
2. Consideration of Voltmer Electric’s Bill in the Amount of $30,119.70.
3. Consideration of Approving City’s Portion in the Amount of $321.81.
VIDEO : 11-23-09 Sac City Council Moves Forward with Sanitary Main Repair
B. Public Hearing to Hear Comments and Concerns on Proposed Plans and Specifications,
Proposed Form of Contract and Estimate of Cost for the Sanitary Sewer Main Improvements
Project”.
1. Consideration of Resolution No. 2009-18 entitled, “Resolution Finally Approving
and Confirming Plans, Specifications, Form of Contract and Estimate of Cost for the
Sanitary Sewer Main Improvements Project”.
2. Discussion of Bids for the Sanitary Sewer Main Improvements Project.
3. Consideration of Resolution No. 2009-19 entitled, “Resolution Making Award of
Contract for the Sanitary Sewer Main Improvements Project”.
Proposed Form of Contract and Estimate of Cost for the Sanitary Sewer Main Improvements
Project”.
1. Consideration of Resolution No. 2009-18 entitled, “Resolution Finally Approving
and Confirming Plans, Specifications, Form of Contract and Estimate of Cost for the
Sanitary Sewer Main Improvements Project”.
2. Discussion of Bids for the Sanitary Sewer Main Improvements Project.
3. Consideration of Resolution No. 2009-19 entitled, “Resolution Making Award of
Contract for the Sanitary Sewer Main Improvements Project”.
VIDEO : 11-23-09 Sac City Council Moves Forward with Sanitary Sewer Repair
III. Public Hearing.
A. Public Hearing to Hear Comments and Concerns on Proposed Plans and Specifications,
Proposed Form of Contract and Estimate of Cost for the Sanitary Sewer Lining
Improvements Project and the Taking of Bids Therefor.
1. Consideration of Resolution No. 2009-16 entitled, “Resolution Finally Approving
and Confirming Plans, Specifications, Form of Contract and Estimate of Cost for the
Sanitary Sewer Lining Improvements Project”.
2. Discussion of Bids for the Sanitary Sewer Lining Improvements Project.
3. Consideration of Resolution No. 2009-17 entitled, “Resolution Making Award of
Contract for the Sanitary Sewer Lining Improvements Project”.
A. Public Hearing to Hear Comments and Concerns on Proposed Plans and Specifications,
Proposed Form of Contract and Estimate of Cost for the Sanitary Sewer Lining
Improvements Project and the Taking of Bids Therefor.
1. Consideration of Resolution No. 2009-16 entitled, “Resolution Finally Approving
and Confirming Plans, Specifications, Form of Contract and Estimate of Cost for the
Sanitary Sewer Lining Improvements Project”.
2. Discussion of Bids for the Sanitary Sewer Lining Improvements Project.
3. Consideration of Resolution No. 2009-17 entitled, “Resolution Making Award of
Contract for the Sanitary Sewer Lining Improvements Project”.
VIDEO : 11-23-09 Sac City Council Call to Order
I. Roll Call/Call to Order.
II. Consent of Agenda.
A. Approval of Agenda.
B. Approval of Minutes of November 9, 2009 Council Meeting.
C. Receipts and Disbursements.
II. Consent of Agenda.
A. Approval of Agenda.
B. Approval of Minutes of November 9, 2009 Council Meeting.
C. Receipts and Disbursements.
The Sac City Council has already decided how to vote...
Tonight's Sac City council meeting will see the Sac City Councilmen that bother to show up pass several items without discussion.
What this means is that our Sac City Councilmen, Jim Johnston, Brian Muska, Dr. Bill Brenny, Jim Frederick, and Gary Hansen have already discussed the items outside of the meeting and have agreed to an outcome before setting foot inside council chambers.
Just drive by the City Building any Monday before a Sac City Council Meeting and look at the cars out front. Any time you see a city councilmen's vehicle, that’s a discussion happening or a decision being made.
Curtis Bloes
What this means is that our Sac City Councilmen, Jim Johnston, Brian Muska, Dr. Bill Brenny, Jim Frederick, and Gary Hansen have already discussed the items outside of the meeting and have agreed to an outcome before setting foot inside council chambers.
Just drive by the City Building any Monday before a Sac City Council Meeting and look at the cars out front. Any time you see a city councilmen's vehicle, that’s a discussion happening or a decision being made.
Curtis Bloes
Supervisors Review Corrective Action Plan for Sac/Ida Case Management
Lisa Bethune from the Sac County point Coordinator (CPC) visited with the Sac County Supervisors about the Case Management Survey conducted by the state. (See documentation) The results of this survey determine for how long, if at all, and organization can be granted accreditation by the State of Iowa to continue operating.
The Sac and Ida Counties Case Management achieved a score that will allow them to apply for the maximum accreditation time period of three years. The accreditation will start on January 18, 2010 and will be good for 3 years.
The CPC provides case management for 2 clients that are mentally ill, and 47 clients that are considered mentally retarded, (MR).
Though they performed well in the survey, the following corrective action plan was issued.
ICP = Individual Care Plan: A treatment plan that indicates what the consumer’s goals and objectives are for the year. It includes how case management and the other providers are going to help the consumers meet those goals.
The Sac and Ida Counties Case Management achieved a score that will allow them to apply for the maximum accreditation time period of three years. The accreditation will start on January 18, 2010 and will be good for 3 years.
The CPC provides case management for 2 clients that are mentally ill, and 47 clients that are considered mentally retarded, (MR).
Though they performed well in the survey, the following corrective action plan was issued.
ICP = Individual Care Plan: A treatment plan that indicates what the consumer’s goals and objectives are for the year. It includes how case management and the other providers are going to help the consumers meet those goals.
Bridge to be replaced on M43
The following is a Federal Aid Agreement that the Sac County Supervisors entered into on November 10, 2009 to replace a bridge on M43 north of D15.
East Sac County Checks For Payment
The following Checks for Payment were approved by the Sac CSD Board on November 16, 2009:
SAC COUNTY HEALTH SERVICES ANNOUNCES H1N1 CLINIC FOR EXPANDED HIGH RISK GROUPS
Sac County Health Services announces an upcoming H1N1 clinic on Monday, November 23 from 2:00 to 6:00 P.M. at the First Christian Church, 521 Park Ave, Sac City. Persons eligible for vaccination at this clinic include pregnant women, caregivers and household contacts of children less than 6 months of age, anyone 6 months through 24 years of age, children under 10 years of age that received their first dose of H1N1 vaccine on or before October 26 and adults age 25 through 64 with a chronic medical condition. Chronic medical conditions that put a person at higher risk for complications from H1N1 influenza include long term lung conditions such as asthma and emphysema, heart disease (except hypertension), kidney disease, liver disease, diabetes and other metabolic disorders, neurologic/neuromuscular problems, persons with developmental disabilities, HIV/AIDS, and persons taking immune suppressing medication due to an organ transplant or other reason. This is a walk in clinic with no appointment necessary. There is no charge for the H1N1 influenza vaccination. Please call 712-662-4785 or 800-967-3984 if you have questions regarding vaccination.
...In other Sac School Board News
On November 16, 2009 the Sac CSD Board appointed Melissa Bellcock to the Sac Community Center Board as the school’s liaison.
Brent Wilhelm was re-appointed to the Finance Committee and the Building and Grounds Committee.
Marti Huser Volunteered to sit on the Finance Committee.
Dave Sands volunteered to sit on the Building and Grounds Committee.
The next Sac CSD Board meeting will be meeting early on December 21, 2009 at 5:00PM due to a middle school band concert at 7Pm that evening.
The innovative Calendar was approved by the Department of Education.
The High School has 185 computers for students.
Middle school has 150 computers for students.
Elementary has a floating lab and has desperate need of more computers.
It is the goal of the administration that every classroom have a document camera.
October, 2009 SCPD Department Head Report
All people accused of crimes are innocent until proven guilty.
The disposition of all cases are subject to cchange without notice
This is a Sac City Police Department Department Head report on file in the Sac City Business Office obtained through a Iowa Freedom of Information Act Request.
No anonymous comments regarding crimes are allowed.
The disposition of all cases are subject to cchange without notice
This is a Sac City Police Department Department Head report on file in the Sac City Business Office obtained through a Iowa Freedom of Information Act Request.
No anonymous comments regarding crimes are allowed.
Sac School Board offers early retirement to teachers
The Sac Community School District (CSD) has in place an early retirement policy that allows teachers who are 55 years of age with 20 years of experience in either East Sac County Districts or combinations of East Sac County Districts to take a $15,000 lump sum incentive to retire. The following is that policy:
On November 10, 2009 the Wall Lake View Auburn CSD face the decision to either leave the policy in place for the 2010 – 2011 school year or to vote to not offer it.
According to Superintendant Barb Kruthoff speaking for the WLVA CSD and Brent Wilhelm speaking for the Sac CSD, each time their respective board made it known that they were not going to offer an early retirement package the following year, it acted as an incentive for teachers on the edge of eligibility to take advantage of it.
The WLVA board did by consensus continue to offer early retirement for the 10-11 school year. On the evening of November 16, 2009 the Sac CSD board was also leaning the same way, with only Mr. Wilhelm expressing any hesitation saying, “ “the only problem I ever have is that …if you just continue to keep going and going and going, I don’t know whether it has …the effect of giving them the incentive to retire when YOU [the school board] kind of think you need them too or, just… that’s a $15,000 bonus when …they’re fed up. That’s the way I look at it, ‘I’m just tired of this crap, I’m gonna take the fifteen grand.’”
According to Ms. Kruthoff, any teacher that retires would have to be replaced to avoid losing the ability to offer classes. Replacing an experienced teacher with a trainee would lead to short rise in cost of training, but would start to save the district money as the second year kicked in and the teachers was actually costing the district less in wages for a net gain of savings.
According to Ms. Kruthoff, there are 5 people in Sac CSD and 6 or 7 people in the WLVA CSD that will be eligible to take early retirement.
Further complicating the decision as the fact that, again, according to Ms. Kruthoff, there are positions within the pool of teachers that will be eligible that are positions that have personnel shortages, and may be hard to fill.
There was a side discussion in which Sac School Board Vice President Dave Sands made a motion to waive the “Only meeting in joint session once per quarter” requirement so that the two boards could meet jointly to discuss with the WLVA board how to move forward, but the motion died for lack of a second. Ms. Kruthoff pointed out that if the board was going to discontinue the policy, the decision had to be made by December.
Ultimately, the Sac CSD board of Directors decided to leave the early retirement policy in place for another year.
On November 10, 2009 the Wall Lake View Auburn CSD face the decision to either leave the policy in place for the 2010 – 2011 school year or to vote to not offer it.
According to Superintendant Barb Kruthoff speaking for the WLVA CSD and Brent Wilhelm speaking for the Sac CSD, each time their respective board made it known that they were not going to offer an early retirement package the following year, it acted as an incentive for teachers on the edge of eligibility to take advantage of it.
The WLVA board did by consensus continue to offer early retirement for the 10-11 school year. On the evening of November 16, 2009 the Sac CSD board was also leaning the same way, with only Mr. Wilhelm expressing any hesitation saying, “ “the only problem I ever have is that …if you just continue to keep going and going and going, I don’t know whether it has …the effect of giving them the incentive to retire when YOU [the school board] kind of think you need them too or, just… that’s a $15,000 bonus when …they’re fed up. That’s the way I look at it, ‘I’m just tired of this crap, I’m gonna take the fifteen grand.’”
According to Ms. Kruthoff, any teacher that retires would have to be replaced to avoid losing the ability to offer classes. Replacing an experienced teacher with a trainee would lead to short rise in cost of training, but would start to save the district money as the second year kicked in and the teachers was actually costing the district less in wages for a net gain of savings.
According to Ms. Kruthoff, there are 5 people in Sac CSD and 6 or 7 people in the WLVA CSD that will be eligible to take early retirement.
Further complicating the decision as the fact that, again, according to Ms. Kruthoff, there are positions within the pool of teachers that will be eligible that are positions that have personnel shortages, and may be hard to fill.
There was a side discussion in which Sac School Board Vice President Dave Sands made a motion to waive the “Only meeting in joint session once per quarter” requirement so that the two boards could meet jointly to discuss with the WLVA board how to move forward, but the motion died for lack of a second. Ms. Kruthoff pointed out that if the board was going to discontinue the policy, the decision had to be made by December.
Ultimately, the Sac CSD board of Directors decided to leave the early retirement policy in place for another year.
New Middle School Drama Coaches hired at Sac CSD
The following are unsigned copies of the contracts that the Sac Community School Board approved on November 16, 2009.
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