December

Regular Meeting
December 6, 2005

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

Moved by Nolting, seconded by Gill to approve minutes of November 29, 2005 meeting.  Motion carried unanimously.

A Public Hearing was held on Designation of the Frontier Ethanol Urban Renewal Area and Proposed Urban Renewal Plan and Project and Ordinance 040, an Ordinance providing for the division of taxes levied on taxable property in said urban renewal area, pursuant to Section 403.19 of the Code of Iowa.  There being no objections, comments or evidence offered, the Chairperson announced the hearing closed.

Moved by Gill, seconded by Lizer to adopt the following resolution:

RESOLUTION

A resolution to declare necessity and establish an urban renewal area, pursuant to Section 403.4 of the

Code of Iowa and approve urban renewal plan and project for the Frontier Ethanol Urban Renewal Area

WHEREAS, as a preliminary step to exercising the authority conferred upon Iowa counties by Chapter 403 of the Code of Iowa, the “Urban Renewal Law”, a county must adopt a resolution finding that one or more slums, blighted or economic development areas exist in the county and that the rehabilitation, conservation, redevelopment, development or a combination thereof, of such area or areas is necessary in the interest of the public health, safety or welfare of the residents of the county; and

WHEREAS, it has been recommended that an urban renewal area be established within the boundaries set out in Exhibit A to this Resolution; and

WHEREAS, a study has been conducted of the area identified above for the purpose of establishing the need to designate the area as being appropriate for industrial development related to agriculture; and

WHEREAS, the study found that sufficient need exists to warrant finding the area an economic development area; and

WHEREAS, notice of a public hearing by the Board of Supervisors on the question of establishing the area identified above as an urban renewal area and on a proposed urban renewal plan and project for the area was heretofore given in strict compliance with the provisions of Chapter 403 of the Code of Iowa, and the Board has conducted said hearing; and

WHEREAS, the proposed urban renewal plan was submitted to and reviewed by the Planning and Zoning Commission of the County; and

WHEREAS, Section 403.17 of the Code of Iowa requires an agreement between a county and a city with respect to an urban renewal area located within two miles of the city limits of a city; and

WHEREAS, the property proposed to be included in the urban renewal area is located within two miles of the city limits of the City of Gowrie; and

WHEREAS, copies of the urban renewal plan, notice of public hearing and notice of a consultation meeting with respect to the urban renewal plan were mailed to Prairie Valley Community School District and Iowa Central Community College; the consultation meeting was held; and responses to any comments or recommendations received following the consultation meeting were made as required by law;

NOW, THEREFORE, It Is Resolved by the Board of Supervisors of Webster County, Iowa, as follows:

Section 1.  An economic development area as defined in Chapter 403 of the Code of Iowa is found to exist within the boundaries set out in Exhibit A.

Section 2.  The area identified in Section 1 hereof is hereby declared to be an urban renewal area, in conformance with the requirements of Chapter 403 of the Code of Iowa, and is hereby designated the Frontier Ethanol Urban Renewal Area.

Section 3.  The development of this area is necessary in the interest of the public health, safety or welfare of the residents of Webster County, Iowa.

Section 4.  It is hereby determined by this Board of Supervisors as follows:

A. The proposed urban renewal plan conforms to the general plan of the County as a whole;

B.Proposed industrial development related to agriculture in the urban renewal area is necessary and appropriate to facilitate the proper growth and development of the County in accordance with sound planning standards and local community objectives.

Section 5.The urban renewal plan for the Frontier Ethanol Urban Renewal Area is made a part hereof and is hereby in all respects approved in the form presented to this Board, and the proposed project for such area based upon such plan is hereby in all respects approved.

Section 6.  The Urban Renewal Joint Agreement between the County and the City of Gowrie, attached as Exhibit B to this Resolution, is hereby approved, and the Chairperson and County Auditor are hereby authorized and directed to execute said agreement on behalf of the County.

Section 7. All resolutions or parts thereof in conflict herewith are hereby repealed, to the extent of such conflict.

Passed and approved December 6, 2005.

                                                                                                                                             S/Floyd A. Magnusson

                                                                                                                                                Chairperson, Board of Supervisors

Attest:

S/Carol Messerly

County Auditor

Motion carried unanimously.

Moved by Gill, seconded by Lizer that the aforementioned ordinance be adopted and that the statutory rule requiring said ordinance to be considered and voted on for passage at two Board meetings prior to the meeting at which it is to be finally passed be suspended; and further approve final consideration and adoption. Roll call vote:  Ayes – Magnusson, Nolting, Gill, Lizer and Condon.  Nays – None.  Motion carried unanimously.

A Public Hearing was held on Issuance of Urban Renewal Tax Increment Revenue Bonds.  It was noted for the record that no written objections had been previously filed.  The Chairperson called for any oral or written objections; there being none it was moved by Lizer, seconded by Condon to adopt the following resolution:

RESOLUTION

 
Making determination to issue not to exceed $2,500,000 Urban Renewal Tax Increment Revenue Bonds

WHEREAS, pursuant to Section 403.9 of the Code of Iowa and a notice of the proposed action of the Board of Supervisors of Webster County, Iowa, (the “County”) to institute proceedings for the issuance of not to exceed $2,500,000 Urban Renewal Tax Increment Revenue Bonds (the “Bonds”) for the purpose of planning, undertaking and carrying out an urban renewal project within the Frontier Ethanol Urban Renewal Area, consisting of improvement of County roads and provision of an economic development grant to Frontier Ethanol, and also the payment of capitalized interest related to the Bonds and the payment of costs of issuance of the Bonds, heretofore given in strict compliance with the provisions of the Code of Iowa and a hearing held thereon, the County has complied with statutory requirements for the issuance of the Bonds;

NOW, THEREFORE, It Is Resolved by the Board of Supervisors of Webster County, Iowa, as follows:

Section 1.    The Board hereby determines to issue the Bonds in the future and declares that this Resolution constitutes the “additional action” required by Section 403.9 of the Code of Iowa.

Section 2.    All resolutions or parts thereof in conflict herewith are hereby repealed to the extent of such conflict.

Passed and approved December 6, 2005.

                                                                                                                        S/Floyd A. Magnusson

                                                                                                                     Chairman, Board of Supervisors

Attest:

S/Carol Messerly

County Auditor

Motion carried unanimously.

Moved by Condon, seconded by Nolting to approve employment of Michael Garrard, part-time Correctional Officer, at the rate of $10.00 per hour, effective December 4, 2005. Motion carried unanimously.

Moved by Nolting, seconded by Gill to approve wage adjustment for Tracy Hawley to $9.21 per hour, effective November 1, 2005, per recommendation of County Treasurer.  Motion carried unanimously.

Moved by Nolting, seconded by Gill to table receipt of initial proposal of Secondary Road Collective Bargaining Unit and presentation of County’s initial proposal for Secondary Road Collective Bargaining Unit until the next meeting following the receipt of said documents.  Motion carried unanimously.

Moved by Gill, seconded by Lizer to receive and place on file 2005 Weed Commissioner’s Report. (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Lizer, seconded by Condon to receive and place on file Webster County Jail Inspection from the Iowa Department of Corrections.  (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Condon, seconded by Nolting to receive and place on file Manure Management Update Plan for WW Swine Farms, Inc. in Section 18, Township 89, Range 26 (Hamilton County).  (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Nolting, seconded by Gill to approve and authorize Chair to sign Adoption Agreement Flexible Benefits Plan Documents for employees of Webster County.  (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Gill, seconded by Lizer to approve and authorize Chair to sign Administration Agreement for the Flexible Benefits Plan with   Wellmark, Inc.  (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Lizer, seconded by Condon to approve and authorize Chair to sign HIPPA Business Associate Agreement for Wellmark Self-funded Flexible Spending Accounts and Health Plan Authorized Representative Designation.  (Copies on file in Auditor’s office).  Motion carried unanimously.

Moved by Condon, seconded by Nolting to receive and place on file MH/DD Annual Report for Fiscal Year 2004-2005.  (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Nolting, seconded by Gill to approve and authorize Chair to sign State Grant Program Agreements for Election Assistance for Iowans with Disabilities (EAID) a/ka/ Polling Place Accessibility Grants for the following precincts in Webster County:  #3 Fort Dodge-Izaak Walton, Dayton Community Center, Harcourt Public Library, Lehigh City Hall, Moorland Community Center and Vincent Fire Station.  (Copies on file in Auditor’s office).  Motion carried unanimously.

Moved by Gill, seconded by Lizer to approve and authorize Chair to sign Application to purchase HAVA Compliant Voting System.  (Copy on file in Auditor’s office).  Motion carried unanimously.

The following proposals for tornado siren replacement were received and reviewed by the Board: Federal Signal Corporation - $178,590;  Danko Emergency Equipment - $130,889; and Fesler’s Inc. - $105,265.  Moved by Lizer, seconded by Condon to approve tornado siren replacement proposal submitted by Fesler’s Inc. in the amount of $105,265.  Motion carried unanimously.

Moved by Condon, seconded by Nolting to approve and authorize Chair to sign utility permit application from Frontier Communications to bury approximately 4270 feet of telecommunication cable along the west side of Riverside Trail in Section 17, Pleasant Valley Township. (Copy on file in Engineer’s office).  Motion carried unanimously.

Jeanette Thanupakorn, County Assessor reported that buildings destroyed by the recent tornado, needs to be reported to the assessor before January l, 2006.  The assessed valuation of property used to levy taxes to be paid in tax year 2006-2007 as the valuations as of January 1, 2005.  Any damages that may have destroyed property in the recent storms will affect the taxes that will be levied in tax year 2007-2008.

Moved and seconded the meeting adjourned.

Regular Meeting

December 20, 2005

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

Moved by Nolting, seconded by Gill to approve minutes of December 13, 2005 meeting. Motion carried unanimously.

Moved by Gill, seconded by Lizer to receive and place on file Drainage Repairs in D.D.#4 Webster & #272, Lateral One.  Motion carried unanimously.

Moved by Lizer, seconded by Condon to approve employment of Ned Gibson, Civil Process Server, effective December 14, 2005, per recommendation of Sheriff Mickelson.  Motion carried unanimously.

Moved by Condon, seconded by Nolting to receive and place on file appointments of Mel Schroeder to represent Board of Supervisors and Dennis Milefechik to represent the Recorder on the Webster County Compensation Board.  Motion carried unanimously.

Moved by Nolting, seconded by Gill to receive and place on file Manure Management Updates for D. Craig Gascho, Section 10, Badger Township and RGT Carlson Inc., Section 26, Gowrie Township.  (Copies on file in Auditor’s office).  Motion carried unanimously.

Moved by Gill, seconded by Lizer to approve and authorize Chair to sign Addendum to North Central Iowa Mental Health Center Contract setting the Assertive Community Treatment (ACT) rates effective January 1, 2006 through June 20, 2006.  (Copy on file in CPC’s office).  Motion carried unanimously.

Moved by Lizer, seconded by Condon to approve and authorize Chair to sign provider contract with Duncan Heights for MH/DD services.  (Copy on file in CPC’s office).  Motion carried unanimously.

Moved by Condon, seconded by Nolting to approve and authorize Chair to sign Certificate of Cost Allocation Plan for indirect cost recoveries for fiscal years 2006 and 2007.  (Copies on file in Auditor’s office).  Motion carried unanimously.

Moved by Nolting, seconded by Gill to approve and authorize Chair to sign 2005 Voting System Funding Allocation Agreement covering the voting system purchase plan for Webster County.  (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Gill, seconded by Lizer to approve and authorize Chair to sign Certificate of Completion and Final Acceptance of Work on Project RFM-CO94(58)—54-94, consisting of grading and paving of public road to Verasun Ethanol Plant.  Motion carried unanimously.

The County Engineer received the following proposals to purchase two new mower tractors, less trade-ins:  Murphy Tractor - $143,000.00;  Rexco Equipment - $156,512.00; and Ziegler CAT - $141,000.00.  Engineer, Randy Will noted that the proposal from Ziegler CAT does not provide a full-frame tractor and have not been market-test for performance and resale; therefore it is his recommendation that even though Murphy’s proposal is $1,400.00 higher for two units, the John Deere tractors have and continue to set the standard for industry and maintain a much higher resale value.  Moved by Lizer, seconded by Condon to approve the purchase of two mower tractors from Murphy Tractor & Equipment Company, trading in units #191 and #292 for a net cost of $143,000.00.  Motion carried unanimously.

Engineer, Randy Will reviewed the following two proposals for the purchase of a new sign truck:  Holcomb Trucks - $110,295.60 and Truck Country - $110,333.00.  It was his recommendation to approve the proposal submitted by Holcomb Trucks.  Moved by Condon, seconded by Nolting to approve purchase of new sign truck from Holcomb Trucks for the amount of $110,295.60.  Motion carried unanimously.

Jim Patton and Steve Julius, representing Webster County Extension updated the board on county shared cost saving programs and the Stakeholders report. 

Lahoma Counts, representing Elderbridge Agency on Aging to discussed fiscal year 2007 funding request.  No action taken.

At 10:30a.m. a Public Hearing was held on the final consideration to amend the Comprehensive and Future Land Use Plan and to amend Zoning Ordinance 024, rezoning a tract of land in the East one-half of the Southeast Quarter of Section 6, Cooper Township from I-1 (Industrial) to A2 (Agricultural).  Sheilah Schroder, Zoning Administrator shared a letter she received today from Rhonda Chambers, Director of Aviation at the Fort Dodge Regional Airport, stating that residential housing is considered an incompatible use around an airport.  She also requested that if allowed language be included in the rezone that would not allow these residents to object to airport development and annexation by the City of Fort Dodge.

Mark Crimmins, representing the applicants for the rezone stated that in the 1997 Zoning Ordinance the property was zoned as Industrial even though it was used as residential.  The area zoned as A2 would allow for only one or two additional homes not a heavy residential development.  Mr. Johnson stated that he had received an offer to purchase his property, but the offer fell through because it is zoned Industrial, which he was unaware of since having owned the property since 1965.  His only interest in the rezone is to be able to sell his property for the use it was intended, a residential dwelling. 

No further objections or comments being heard, Chairperson Magnusson closed the public hearing.  Moved by Nolting, seconded by Gill to approve final consideration and amend the Comprehensive and Future Land Use Plan and to amend Zoning Ordinance 024, rezoning a tract of land in the East one-half of the Southeast Quarter of Section 6, Cooper Township from I-1 (Industrial) to A2 (Agricultural), as originally presented without any attachments.  Roll call vote:  Ayes – Magnusson, Nolting, Gill, Lizer and Condon.  Nays – None.  Motion carried unanimously.

Joyce DeHaan, representing Domestic/Sexual Assault Outreach Center to discussed fiscal year 2007 funding.  No action taken.

Moved and seconded the meeting adjourned.