August
August 1, 2006
Regular Meeting
August 1, 2006
The Board of Supervisor met in Session on the above date with the following members present: Magnusson, Gill, Nolting and Lizer. Absent: Condon.
Moved by Lizer, seconded by Gill to approve minutes of July 25, 2006 regular meeting. Motion carried unanimously.
Moved by Gill, seconded by Magnusson to receive and place on file the following salary adjustments for Public Health Department effective July 24, 2006, per approval of Public Health Board:
BOH adjusted salaries FY 06-07
Jamie Saxton hrly $12.24
Jeri Chase hrly $12.24
Beth Crosby hrly $13.41
Karen Heun hrly $23.07
Julie Howell hrly $19.84
Joan Peterson hrly $19.56
Rhonda Ruby hrly $20.10
Kari Ruden hrly $18.11
Dawn Gehlhausen hrly $18.97
Carol Thorn hrly $13.82
June Weiss hrly $20.55
Kittie Webster hrly $22.83
Margaret Woodruff hrly $15.08
PT-Marsha Royster hrly $18.75
Motion carried unanimously.
Moved by Magnusson, seconded by Lizer to allow Military Service Tax Credits and Homestead Tax Credits for taxes paid in Fiscal Year 2006-2007. (Copies on file in Auditor’s office). Motion carried unanimously.
Moved by Lizer, seconded by Gill to receive and place on file County Recorder’ Report of Fees Collected for period ending June 30, 2006. (Copy on file in Auditor’s office). Motion carried unanimously.
Moved by Gill, seconded by Magnusson to approve the following Resolution:
RESOLUTION NAMING DEPOSITORIES
Resolved, that the Webster County Board of Supervisors of Fort Dodge, Iowa in Webster County, Iowa approves the following list of financial institutions to be depositories of the Webster County Funds in conformance with all applicable provisions of Iowa Code Chapter 12C.2 (1983) by 1984 Iowa Acts., S.F. 2220. The Webster County Recorder is hereby authorized to deposit the Webster County funds in each of the respective financial institutions as set out below:
DEPOSITORY NAME LOCATION OF AMOUNT
HOME OFFICE
First American Bank Fort Dodge, IA $100,000.00
Wells Fargo Bank Iowa NA Fort Dodge, IA $150,000.00
CERTIFICATION. I hereby certify that the foregoing is a true and correct copy of a resolution of the Webster County Board of Supervisors adopted at a meeting of said public body, duly called and held on the 1st day of August, 2006, as a quorum being present, as said resolution remains of record in the minutes of said meeting, and it is now in full force and effect.
Dated this 1st day of August, 2006.
S/Carol Messerly
Webster County Auditor
Motion carried unanimously.
Moved by Magnusson, seconded by Lizer to approve and authorize Chair to sign Iowa Department of Transportation Funding Agreement Number 1-06-HBRRS-016 for Bridge Replacement Project BROS-C094(66)-8J-94 on Easter Avenue between Section 14 & 15, Gowrie Township. (Copy on file in Engineer’s office). Motion carried unanimously.
Meg Bushey reported to the Board that there is a tree barrier that is restricting the warning siren from being heard in the Timberlane neighborhood. Chairman Nolting stated that the Board appreciates her concern and will be looking into the matter.
Moved and seconded the meeting adjourned.
August 8, 2006
Regular Meeting
August 8, 2006
The Board of Supervisor met in Session on the above date with the following members present: Magnusson, Condon, Gill, Nolting and Lizer.
Moved by Lizer, seconded by Gill to approve minutes of August 1, 2006 regular meeting. Motion carried unanimously.
Moved by Gill, seconded by Condon to receive and place on file resignation of Deputy Sheriff Chris O’Brien, effective August 2, 2006. Motion carried unanimously.
Moved by Condon, seconded by Magnusson to receive and place on file promotion and salary adjustment of LaVonne Pringle to Support Recovery Officer at the rate of $1322.42, per pay period, effective August 7, 2006, as recommended by Karen Hanson, Child Support Recovery Unit Supervisor. Motion carried unanimously.
Moved by Magnusson, seconded by Lizer to approve and authorize Chair to sign Child Support Recovery Unit Lease for period commencing on November 1, 2006 through October 31, 2011. (Copy on file in Auditor’s office). Motion carried unanimously.
Moved by Lizer, seconded by Gill to receive and place on file Semi Annual Report of Webster County Treasurer for period January 1, 2006 through June 30, 2006.
Semi Annual Report of Janice. F Horton Webster County Treasurer |
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For the Period January 1, 2006-June 30, 2006 |
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Balance |
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Total |
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Balance |
Outstanding |
Fund |
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1/1/2006 |
Receipts |
|
Disbursements |
6/30/2006 |
Warrants |
1 |
General Basic |
3,602,307.60 |
3,340,415.90 |
6,942,723.50 |
3,480,498.91 |
3,462,224.59 |
200,112.88 |
2 |
Gen Supplemental |
813,936.00 |
1,266,895.35 |
2,080,831.35 |
1,212,642.82 |
868,188.53 |
213,275.68 |
10 |
MH-DD Services Fund |
1,196,302.19 |
2,124,659.97 |
3,320,962.16 |
2,104,086.08 |
1,216,876.08 |
62,324.79 |
11 |
Rural Services |
621,884.53 |
853,528.41 |
1,475,412.94 |
861,459.06 |
613,953.88 |
45,786.23 |
14 |
Drainage |
295,902.15 |
204,561.35 |
500,463.50 |
181,313.64 |
319,149.86 |
316,163.15 |
20 |
Secondary Road |
3,745,164.71 |
3,921,310.98 |
7,666,475.69 |
3,147,937.54 |
4,518,538.15 |
710,940.66 |
21 |
Revenue Sharing Fund |
0.00 |
0.00 |
0.00 |
0.00 |
0.00 |
0.00 |
23 |
Public Health Fund |
634,092.41 |
906,894.95 |
1,540,987.36 |
797,700.22 |
743,287.14 |
16,749.98 |
28 |
Ag Land Credit |
0.00 |
0.00 |
0.00 |
0.00 |
0.00 |
0.00 |
29 |
Family Farm Credit |
0.00 |
98,216.16 |
98,216.16 |
98,216.16 |
0.00 |
0.00 |
30 |
Capital Projects |
0.00 |
0.00 |
0.00 |
0.00 |
0.00 |
0.00 |
31 |
Military Service |
0.00 |
0.00 |
0.00 |
0.00 |
0.00 |
0.00 |
33 |
Advance Tax and Trust |
3,429.00 |
1,737.00 |
5,166.00 |
0.00 |
5,166.00 |
0.00 |
34 |
Agri Extension |
1,692.61 |
86,528.29 |
88,220.90 |
85,202.13 |
3,018.77 |
0.00 |
35 |
Ia Cent Comm College |
9,545.89 |
487,999.93 |
497,545.82 |
480,520.37 |
17,025.45 |
0.00 |
36 |
Auto Fund |
523,136.50 |
2,354,265.00 |
2,877,401.50 |
2,474,733.00 |
402,668.50 |
0.00 |
37 |
Special Districts |
861.38 |
37,701.53 |
38,562.91 |
18,910.05 |
19,652.86 |
0.00 |
38 |
Corporation |
78,124.46 |
5,840,692.29 |
5,918,816.75 |
5,693,290.18 |
225,526.57 |
0.00 |
40 |
Debt Service |
202,213.79 |
138,599.92 |
340,813.71 |
306,462.50 |
34,351.21 |
0.00 |
41 |
Schools |
161,762.03 |
8,462,483.19 |
8,624,245.22 |
8,327,291.78 |
296,953.44 |
0.00 |
42 |
Delinquent Tax |
0.00 |
1,997.00 |
1,997.00 |
1,997.00 |
0.00 |
0.00 |
43 |
Interest |
0.00 |
248,650.83 |
248,650.83 |
248,650.83 |
0.00 |
0.00 |
46 |
Mobile Home & MH Reimb |
0.00 |
28,050.00 |
28,050.00 |
28,050.00 |
0.00 |
0.00 |
48 |
State General |
0.00 |
3,151.50 |
3,151.50 |
3,151.50 |
0.00 |
0.00 |
50 |
Townships |
3,638.38 |
135,186.29 |
138,824.67 |
134,715.98 |
4,108.69 |
0.00 |
51 |
Use Tax |
198,396.77 |
1,513,479.09 |
1,711,875.86 |
1,445,504.16 |
266,371.70 |
0.00 |
52 |
Utility Excise Tax |
0.00 |
1,035,239.00 |
1,035,239.00 |
1,035,239.00 |
0.00 |
0.00 |
53 |
Utility Special Tax |
0.00 |
0.00 |
0.00 |
0.00 |
0.00 |
0.00 |
54 |
Machine & Equip Reimb |
0.00 |
0.00 |
0.00 |
0.00 |
0.00 |
0.00 |
55 |
Homestead Credit |
0.00 |
722,916.38 |
722,916.38 |
722,916.38 |
0.00 |
0.00 |
56 |
Current Tax |
0.00 |
17,879,234.17 |
17,879,234.17 |
17,879,234.17 |
0.00 |
0.00 |
57 |
DSC Credit |
0.00 |
104,302.00 |
104,302.00 |
104,302.00 |
0.00 |
0.00 |
59 |
Recrder Elec Trnsfr Agency |
599.43 |
3,919.13 |
4,518.56 |
3,826.19 |
692.37 |
0.00 |
60 |
Redemption Trust |
10,236.00 |
318,594.38 |
328,830.38 |
236,643.24 |
92,187.14 |
0.00 |
62 |
Property Tax Agency |
2,806.53 |
2,253.73 |
5,060.26 |
1,820.94 |
3,239.32 |
0.00 |
68 |
Conservation Trust |
131,160.19 |
0.00 |
131,160.19 |
0.00 |
131,160.19 |
0.00 |
71 |
Special Appraisers |
3,396.86 |
26,448.52 |
29,845.38 |
5,251.88 |
24,593.50 |
9,228.84 |
72 |
County Assessor |
125,393.50 |
149,875.95 |
275,269.45 |
165,694.71 |
109,574.74 |
9,229.05 |
73 |
Medical Insurance |
203,752.07 |
741,160.12 |
944,912.19 |
735,067.02 |
209,845.17 |
113,906.14 |
74 |
REAP |
88,004.14 |
1,337.25 |
89,341.39 |
0.00 |
89,341.39 |
0.00 |
75 |
E911 Services |
54,564.68 |
79,609.28 |
134,173.96 |
101,624.91 |
32,549.05 |
3,195.03 |
76 |
Long-Short Fund |
441.71 |
0.00 |
441.71 |
108.76 |
332.95 |
0.00 |
77 |
Recorders Management Fund |
46,896.95 |
4,679.47 |
51,576.42 |
11,243.50 |
40,332.92 |
0.00 |
78 |
E911 Operating Fund |
0.00 |
0.00 |
0.00 |
0.00 |
0.00 |
0.00 |
79 |
Emergency Mgmt Fund |
48,489.73 |
32,022.25 |
80,511.98 |
30,315.51 |
50,196.47 |
388.42 |
80 |
Conficated Property Monies |
12,829.32 |
3,560.10 |
16,389.42 |
3,331.00 |
13,058.42 |
0.00 |
81 |
Co Atty Confiscated Prop Monies |
8,809.05 |
156.00 |
8,965.05 |
0.00 |
8,965.05 |
0.00 |
82 |
Public Health Resource |
0.00 |
0.00 |
0.00 |
0.00 |
0.00 |
0.00 |
84 |
Supplemental Environmentl Proj |
2,662.46 |
40.46 |
2,702.92 |
0.00 |
2,702.92 |
0.00 |
85 |
D.A.R.E. Fund |
12,997.21 |
0.00 |
12,997.21 |
5,523.09 |
7,474.12 |
40.00 |
86 |
Canine Fund |
6,011.98 |
0.00 |
6,011.98 |
0.00 |
6,011.98 |
0.00 |
87 |
Recrder Elec Trnsfr Fund |
114.00 |
0.11 |
114.11 |
114.11 |
0.00 |
0.00 |
94 |
Future Property Tx Collectn |
6,461.95 |
34,391.39 |
40,853.34 |
0.00 |
40,853.34 |
0.00 |
95 |
Anatomical Gift Fund |
24.38 |
197.50 |
221.88 |
184.06 |
37.82 |
0.00 |
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TOTAL |
12,858,042.54 |
53,196,942.12 |
66,054,984.66 |
52,174,774.38 |
13,880,210.28 |
1,701,340.85 |
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I, JANICE F HORTON TREASURER OF WEBSTER COUNTY, IOWA DO HEREBY CERTIFY THAT THE REPORT GIVEN |
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ABOVE IS A CORRECT SUMMARY OF THE BUSINESS TRANSACTED BY ME AS SAID TREASURER DURING THE |
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PERIOD THEREIN SPECIFIED. |
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S/JANICE F. HORTON
WEBSTER COUNTY TREASURER
Motion carried unanimously.
Moved by Gill, seconded by Condon to approve and authorize Chair to sign Final Report State Reimbursement for Counties for Substance Abuse Funding for Fiscal year 2006. (Copy on file in Auditor’s office). Motion carried unanimously.
Moved by Condon, seconded Magnusson to appoint John Kramer to the Executive Committee Board of MIDAS Council of Governments, representing the interest of Economic Development. Motion carried unanimously.
Moved by Magnusson, seconded by Lizer to adoption the following resolution:
DESIGNATION OF THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AS THE BASIS FOR ALL INCIDENT MANAGEMENT IN THE COUNTY OF WEBSTER, IOWA
WHEREAS, the President in Homeland Security Directive (HSPD) – 5, directed the Secretary of Homeland Security to develop and administer a National Incident Management System (NIMS), which would help provide a consistent nationwide approach for Federal, State, Local and Tribal governments to work together more effectively and efficiently to prevent, prepare for, respond to and recover from domestic incidents, regardless of cause, size or complexity;
WHEREAS, the collective input and guidance from all Federal, State, Local and Tribal homeland security partners has been, and will continue to be vital to the development, effective implementation and utilization of a comprehensive NIMS;
WHEREAS, it is necessary and desirable that all Federal, State, Local and Tribal emergency agencies and personnel coordinate their efforts to effectively and efficiently provide the highest level of incident management;
WHEREAS, to facilitate the most efficient incident management it is critical that Federal, State, Local and Tribal organizations utilize standardized terminology, standardized organizational structures, interoperable communications, consolidated action plans, unified command structures, uniform personnel qualification standards, uniform standards for planning, training and exercising, Comprehensive resource management and designated incident facilities during emergencies or disasters;
WHEREAS, the NIMS standardization procedures for personnel, communications, facilities and resources will improve the State’s ability to utilize Federal funding to enhance Local and State agency readiness, maintain first responder safety, and streamline incident management processes;
WHEREAS, the Incident Command System components of NIMS are already an integral part of various incident management activities throughout the State, including current Emergency Management training programs; and
WHEREAS, the National Commission on Terrorist Attacks (9-11 Commission) recommended adoption of a standardized Incident Command System.
NOW BE IT HEREBY RESOLVED that the Webster County Board of Supervisors hereby designates the National Incident Management System (NIMS) as the basis for all emergency/disaster incident management in Webster County, Iowa.
PASSED AND APPROVED by the Board of Supervisors of Webster County, Iowa this 8th day of August, 2006.
Ayes: Magnusson, Condon, Gill, Nolting and Lizer.
Nays: None
S/ Greg Nolting
Chairman, Webster County Board of Supervisors
S/Carol Messerly
Webster County Auditor
Motion carried unanimously.
Moved by Lizer, seconded by Gill to approve and authorize chair to sign utility permit application from MidAmerican Energy to install new three-phase overhead pole electric line on 240th Street from Hayes Avenue west to Grand Avenue in Moorland. (Copy on file in Engineer’s office). Motion carried unanimously.
Moved by Gill, seconded by Condon to approve and authorize Chair to sign utility permit application from MidAmerican Energy to relocate the overhead pole electric line along Paragon Avenue from 140th Street to 160th Street due to road improvement project. (Copy on file in Engineer’s office). Motion carried unanimously.
Moved by Condon, seconded by Magnusson to approve the following resolution:
TOWNSHIP: DOUGLAS
SECTION: Between the south side of sections 2 and 3 and the north side of section s 10 and 11
ADDRESS: The granular portion of 170th Street from Highway 169 west to Route P41
(a.k.a. Johnson Avenue)
CLOSED: Thursday, July 27, 2006 at 1:00 p.m. for an extended period
REASON: Iowa Department of Transportation Project at Hwy 169 and D14
S/Greg Nolting
Chariman, Webster County Board of Supervisors
S/Carol Messerly
Webster County Auditor
Motion carried unanimously.
Moved by Magnusson, seconded by Lizer to approve services of MER Engineering to develop plans and specifications for equipment storage facility at Lehigh. (Copy on file in Engineer’s office). Motion carried unanimously.
Moved by Lizer, seconded by Gill to approve and authorize Chair to sign contact documents with Midwest Contracting for Project BRS-2690(613)—60-94 to replace bridge on route D18 between Sections 15 and 22, Cooper Township. (Copy on file in Engineer’s office). Motion carried unanimously.
Moved by Gill, seconded by Condon to allow claims. Motion carried unanimously.
Moved and seconded the meeting adjourned.
August 15, 2006
The Board of Supervisor met in Session on the above date with the following members present: Magnusson, Condon, Gill, Nolting and Lizer.
Moved by Lizer, seconded by Gill to approve minutes of August 8, 2006 regular meeting. Motion carried
unanimously.
Moved by Gill, seconded by Condon to approve and authorize Chair to sign 5-day Class B Beer Permit application for Des Moines Skydivers effective August 31, 2006 through September 4, 2006. Motion carried unanimously.
Moved by Condon, seconded by Magnusson to approve salary increases for the following Correctional Officers, effective August 13, 2006: James Skelly, to $10.86; and Patrick Buckingham to $11.65. Motion carried unanimously.
Moved by Magnusson, seconded by Lizer to approve the following resolutions:
RESOLUTION 2006-08-15(1)
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 appropriated 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.
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”:
The portion of public right of way starting near the NW Corner of the SW1/4 of the SW1/4 of Section 10, Township 86 North, Range 27 West and running northeasterly to a point near the NE Corner of the SW1/4 of the NW1/4 of said Section 10, formally described as follows: That portion of the change in the Landreth & Skillet Creek Road (Book 3, PP 228) and the Landreth School House & Hardin's Ferry Road (Book 1, PP 77) commencing at the Cedar Center Road (As constructed) and thence running northeasterly to a point on the South Line of the North 1/2 of Government Lot 5, all in Section 10, Township 86 North, Range 27 West. According to the Secondary Road County Engineers Listing for Webster County, this segment of road is 0.528 miles and was reclassified as a "Class B" road by action of the Webster County Board of Supervisors on July 16, 1991 (Book 21, PP 151).
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 12th day of September, 2006 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.
S/Greg Nolting, Chair
Webster County Board of Supervisors
ATTEST:
S/Carol Messerly, Webster County Auditor
RESOLUTION 2006-08-15(2)
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.
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 portion of public right of way starting near the NW Corner of the NE/14 of the SE1/4 of Section 27, Township 87 North, Range 27 West and running easterly to a point near the NW Corner of the NE1/4 of the SW1/4 of Section 26, Township 87 North, Range 27 West and described on Page 255 in Supervisors Journal No. 21 on July 18, 1950 as “a road 66’ in width thru parts of Sections 26 and 27, Twp. 87N Range 27W to be known as the Quinn & Long Road”. According to the Secondary Road County Engineers Listing for Webster County, this segment of road is 0.541 miles and is the portion of 325th Street east of Washington Avenue.
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 12th day of September, 2006 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.
S/Greg Nolting, Chair
Webster County Board of Supervisors
ATTEST:
S/Carol Messerly, Webster County Auditor
Motion carried unanimously.
Moved by Lizer, seconded by Gill to approve and authorize Chair to sign utility permit application from Midland Power Cooperative to rebuild and construct new overhead electric line in Sections 19, 29 and 30, Township 86 North, Range 27 West to Hidden Acres Camp, 3837 Union Avenue. ( Copy on file in Engineer’s office) Motion carried unanimously.
Moved and seconded the meeting adjourned.
August 22, 2006
Regular Meeting
August 22, 2006
The Board of Supervisor met in Session on the above date with the following members present: Magnusson, Condon, Gill, Nolting and Lizer.
Moved by Lizer, seconded by Gill to approve minutes of August 15, 2006 regular meeting. Motion carried unanimously.
A Public Hearing was held on proposal to issue Facility Revenue Bonds for North Sheltered Workshop Project in an amount not to exceed $800,000.00. No comments being heard, Chairman Nolting closed the hearing. Moved by Gill, seconded by Condon to adopt the following resolution:
RESOLUTION
Resolution authorizing the issuance and sale of Iowa Facility Revenue Bonds (North Central Sheltered Workshop Project), Series 2006 of Webster County, Iowa, in an aggregated principal amount of $697,700; the execution and delivery of a Loan Agreement with North Central Sheltered Workshop; the execution and delivery of an Assignment and Pledge Agreement and other related matters.
Be It Resolved by the Board of Supervisors of Webster County, Iowa (the “Issuer”) as follows:
Section 1. (A) Webster County, Iowa (the “Issuer”), is a County authorized and empowered by the provisions of Chapter 419 of the Cod of Iowa, 2005, as amended (the “Act”), to issue revenue bonds for the purpose of acquiring, constructing, improving and equipping a facility for an organization described in Section 501 (c)(3) of the Internal Revenue Code (the “Code”) which is exempt from federal income tax under Section 501 (a) of Code (a “Tax Exempt Organization”), each of which purposes is a “project” with in the meaning of the Act and each of which projects may be located within the Issuer.
(B) The Issuer has been requested by North Central Sheltered Workshop (the “Borrower”), a Tax Exempt Organization, to issue its Iowa Facility Revenue Bonds (North Central Sheltered Workshop Project), Series 2006 in an aggregate principal amount of $697,700 (the “Bond”) pursuant to the Act for the purpose of (i) refinancing outstanding indebtedness of the Borrower and to provide funds for the renovation, improvements, construction, equipping and furnishing of the Borrower’s existing facility located at 127 Avenue M, Fort Dodge, Iowa (the “Project”) and (ii) paying for costs of issuance and certain other costs associated with the issuance of the Bonds.
(C) A resolution proposing to finance the Project through the issuance of revenue bonds or notes of the Issuer in an aggregate principal amount not to exceed $800,000 and to loan said amount to the borrower was adopted on July 25, 2006.
(D) As required by the Act and Section 147(f) of the Code, the Issuer has previously provided notice of he Issuer’s intention to issue the revenue bonds or notes and has held a public hearing on the issuance of such revenue bonds or notes.
(E) The issuance and sale of the Bonds by the Issuer in the amount of $697,700, as a single bond or as multiple bonds, is permitted by the Act, and the Issuer hereby determines to issue the Bonds and to sell the Bonds to the Lender (as identified in the Loan Agreement). The Issuer will loan the proceeds of the bonds (the “Loan”) to the Borrower in order to finance the Project and to pay costs of issuance.
(F) Pursuant to a Loan Agreement (the “Loan Agreement”) to be entered into between the Issuer and the Borrower, the Borrower agrees to repay the Loan in specified amounts and at specified times sufficient to pay in full when due the principal of, premium, if any, and interest on the Bonds. In addition, the Loan Agreement contains provisions relating to indemnification, insurance, and other agreements and covenants which are required or permitted by the Act and which the Issuer and the Borrower deem necessary or desirable. The Loan Agreement has been submitted to the Board of Supervisors for its review.
(G) Pursuant to an Assignment and Pledge Agreement (the “Pledge Agreement”) to be entered into between the Issuer and the Lender, the Issuer, among other things, will grant to the Lender a security interest in all of the Issuer’s rights, title and interest in and to the Loan Agreement, including, but not limited to, the right to receive Loan Repayments (as defined in the Loan Agreement), except the Issuer’s right to indemnification and attorneys’ fees and expenses thereunder. The Pledge Agreement has been submitted to the Board of Supervisors for its review.
(H) The Bonds will be special limited obligations of the Issuer payable solely from payments derived
Pursuant to the Loan Agreement. The Bonds shall not be payable from or charged upon any funds other than the revenues pledged to the payment thereof, nor shall the Issuer be subject to any liability thereon. No holder of the Bonds shall ever have the right to compel any exercise of the taxing power of the Issuer to pay the Bonds or the interest thereon, nor to enforce payment thereof against any property of the Issuer. The Bonds shall never constitute a debt of the Issuer within the meaning of any constitutional or statutory limitation and shall never constitute or give rise to a pecuniary liability of the Issuer. A draft of the Bonds has been submitted to the Board of Supervisors for its review.
Section 2. In order to provide funds to finance the Project, the Issuer hereby authorizes the issuance of the Bonds in the principal amount of $697,700 and at interest rates which will produce a net interest cost of not to exceed 6% per annum. The Bonds shall be in the form submitted to the Board of Supervisors and shall mature in the years and amounts, be subject to redemption, and provide interest at the rates as determined by the Borrower and the Lender prior to their issuance and delivery.
Section 3. The Loan Agreement, the Pledge Agreement and the Bonds are hereby made a part of this Resolution as though fully set forth herein and are hereby approved in substantially the forms presented to the Board of Supervisors. The Chairperson of the Board of Supervisors and the County Auditor are authorized and directed to execute, acknowledge and deliver said documents on behalf of the Issuer with such changes, insertions and omissions therein as Bond Counsel and the Issuer’s counsel may hereafter deem appropriate, such execution to be conclusive evidence of approval of such documents in accordance with the terms hereof.
Section 4. The Chairperson of the Board of Supervisors and the County Auditor are authorized and directed to execute and deliver all other documents which may be required under the terms of the Loan Agreement of Pledge Agreement, or by Bond Counsel and the Issuer’s counsel, and to take any other action as may be required or deemed appropriate for the performance of the duties imposed thereby to carry out the purposed thereof.
Section 5. In order to qualify the Bonds as “qualified tax exempt obligations” within the meaning of Section 265(b)(3) of the Code, the Issuer hereby makes the following factual statements and representations:
(A) The Issuer hereby designates the Bonds as “qualified tax-exempt obligations” for purposes of Section 265 (b)(3) of the Code;
(B) The reasonably anticipated amount of tax-exempt obligations (other than obligations described in
Clause (ii) of Section 265 (b)(3)(c) of the Code) which will be issued by the Issuer (and all
entities whose obligations will be aggregated with those of the Issuer) during this calendar year
2006 will not exceed $10,000,000; and
(C) Not more the $10,000,000 of obligations issued by the Issuer during this calendar year 2006
(including the Bonds) have been designated for purposes of Section265 (b)(3) of the code.
Section 6. The Chairperson of the Board of Supervisors, the County Auditor and other officers of the
Issuer are authorized to furnish to the Lender, the Borrower and Bond Counsel certified copies of all
Proceedings and records of the Issuer relating to the Bonds, and such other affidavits and certificates
as may be required to show the facts relating to the legality and marketability of the Bonds as such
facts appear from the books and records in the officer’s custody and control or as otherwise known to
them; and all such certified copies, certificates and affidavits, including any heretofore furnished,
shall constitute representations of the Issuer as to the truth of all statements contained therein.
Section 7. The provisions of the Resolution are hereby declared to be severable and if any section,
phrase or provisions shall for any reason be declared to be invalid, such declaration shall not affect
the validity of the remainder of the sections, phrases and provisions.
Section 8. All resolutions or parts thereof in conflict herewith are hereby replaced, to the extent of
such conflict.
Section 9. This Resolution shall become effective immediately upon its passage and approval
S/Greg Nolting
Chariman, Board of Supervisors
Attest:
S/Carol Messerly
Webster County Aduitor
Motion carried unanimously.
Moved by Condon, seconded by Magnusson to approve and authorize Chairman to sign revised copy of Byrne-JAG grant contract. (Copy on file in Auditor’s office). Motion carried unanimously.
Moved by Magnusson, seconded by Lizer to approve change order for Johnson Controls (Nikolangelo Tuckpointing) at Department of Human Services Building in the amount of $6,650.00. Motion carried unanimously.
Moved by Lizer, seconded by Gill to approve the final plat of Wetzel’s Subdivision in Badger Township, Section 5, represented by Larry Steburg. (Copy on file in Auditor’s Office). Motion carried unanimously.
Moved by Gill, seconded by Condon to receive and place on file Manure Management Update, in Section 9, Roland Township. Motion carried unanimously.
Moved by Condon, seconded by Magnusson to receive and place on file Construction Permit Application Form for Confinement Feeding Operations for Dallas Thomas in the NW ¼ of the NW ¼ of Section 6/87/30 – Roland Township, and direct Auditor to publish notice to hear comment through September 1, 2006. Motion carried unanimously.
Moved by Magnusson, seconded by Lizer to adopt the following Resolution:
RESOLUTION
WHEREAS, there now exists a 28E Agreement known as the Region 5 Task Force which is made up of numerous counties and cities within North Central Iowa, and
WHEREAS, the below named municipality desires to dissolve the 28D/28E Agreement dated the 4th day of March, 1991 creating the Region 5 Task Force.
WHEREAS, the original 28D/28E Agreement dated the 4th day of March, 1991, provided for its amendment from time to time with approval of the majority of the body membership of the Region 5 Task Force,
WHEREAS, the Addendum #10 to 28D/28E Agreement dated the 16th day of June, 1994, provided for dissolution of the 28D/28E Agreement upon majority vote of the representatives and all member governmental units passing a resolution supporting such action,
NOW, THEREFORE, BE IT RESOLVED the Webster County Board of Supervisors authorize Chairman of Webster County Board of Supervisors to sign Resolution for this political subdivision to agree to.
PASSED THIS 22ND day of August, 2006
S/Greg Nolting
Chariman, Board of Supervisors
Attest:
S/Carol Messerly
Webster County Aduitor
Motion carried unanimously.
Moved by Lizer, seconded by Gill to approve and authorize Chairman to sign amended rates for North
Central Iowa Mental Health Center for the period 7/1/06-9/30/06. (Copy on file in Auditor’s office). Motion carried unanimously.
Moved by Gill, seconded by Condon to approve resolution to temporarily close Mill Road near the center of Section 34, Cooper Township for railroad surface crossing repair. Motion carried unanimously.
Moved by Condon, seconded by Gill to approve and authorize Chair to sign utility permit application from Prairie Energy Cooperative to install new overhead electric service to new grain bin in Section 24, Newark Township. (Copy on file in Engineer’s office). Motion carried unanimously.
Meet with Bonding Attorney Mark Cory discussed incentives and assistance being offered to Tate & Lyle for their proposed wet corn milling facility with the Board and Webster County Development representatives. No action taken.
Moved by Gill, seconded by Condon to allow claims. Motion carried unanimously.
Moved and seconded the meeting adjourned.
August 29, 2006
Regular Meeting
August 29, 2006
The Board of Supervisor met in Session on the above date with the following members present: Condon, Gill, Nolting and Lizer. Absent: Magnusson.
Moved by Lizer, seconded by Gill to approve minutes of August 22, 2006 regular meeting. Motion carried unanimously.
Moved by Gill, seconded by Condon to approve employment of Mike Kenyon, Deputy Sheriff, at an annual salary of $35,446.34, effective August 24, 2006. Motion carried unanimously.
Moved by Condon, seconded by Lizer to approve employment status of Angela Morgan from part-time to full-time Jailer, effective September 1, 2006, at the rate of $11.65 per hour. Motion carried unanimously.
Gayle Pierson discussed a fence viewing problem. County Attorney Cori Kuhn referred Mr. Pierson to the proper source.
Moved by Gill, seconded by Condon to approve resolution to temporarily close 280th Street between Section 36, Fulton Township and Section 1, Roland Township for railroad crossing work. Motion carried unanimously.
Moved by Condon, seconded by Lizer to approve resolution to temporarily close 260th Street between Sections 24 and 25, Fulton Township for railroad crossing work. Motion carried unanimously.
Moved by Lizer, seconded by Gill to adopt the following resolution:
RESOLUTION
WHEREAS, Iowa Code Section 306.41 provides for the temporary closing of sections of roadway when necessary because of construction and maintenance, and
WHEREAS, the Webster County Engineer has been authorized by a previous resolution of the Webster County Board of Supervisors to execute the above requirements of Iowa Code Section 306.41 regarding temporary road closures, and
WHEREAS, railroad crossing repairs by the Union Pacific Railroad will cause RouteD14 (a.k.a. 170th Street) between Route P59 (a.k.a. Paragon Avenue) and Route P63 (a.k.a. Samson Avenue) to be closed and a detour to be designated.
NOW, THEREFORE, BE IT RESOLVED by the Webster County Board of Supervisors that the above-described road be closed and the following roads be designated as a detour route:
From the junction of Route P59 (a.k.a. Paragon Avenue) and Route D14 (a.k.a. 170th Street); thence South two miles on Route P59 (a.k.a. Paragon Avenue) to the junction of Route D18 (a.k.a. 190th Street); thence East three miles on Route D18 (a.k.a. 190th Street) to the junction of Route P63 (a.k.a. Samson Avenue); to the junction of D14 (a.k.a. 170th Street)
BE IT FURTHER RESOLVED that the traffic control devices for the aforementioned road closure and detour route were established in the field at 7:30 A.M., Monday, August 28, 2006 and shall continue for the duration of said maintenance project as determined by the Webster County Engineer.
PASSED AND APPROVED this 29th day of August 2006:
S/Greg Nolting
Chairman, Board of Supervisors
Attest:
S/Carol Messerly
Webster County Auditor
Motion carried unanimously.
Moved by Gill, seconded by Condon to adopt the following resolution:
RESOLUTION
WHEREAS, Iowa Code Section 306.41 provides for the temporary closing of sections of roadway when necessary because of construction and maintenance, and
WHEREAS, the Webster County Engineer has been authorized by a previous resolution of the Webster County Board of Supervisors to execute the above requirements of Iowa Code Section 306.41 regarding temporary road closures, and
WHEREAS, railroad crossing repairs by the Union Pacific Railroad will cause RouteC56 (a.k.a. Vincent Avenue) between 130th and 140th Street to be closed and a detour to be designated.
NOW, THEREFORE, BE IT RESOLVED by the Webster County Board of Supervisors that the above-described road be closed and the following roads be designated as a detour route:
From the junction of Route P71 (a.k.a. Vincent Avenue) and Route C56 (a.k.a. 140th Street), thence East Approximately one mile on Route C56 (a.k.a. 140th Street) to the junction Xavier Avenue; thence North one mile on Xavier Avenue to the junction of Route C56 (a.k.a. Vincent Avenue);
And that STOP and STOP AHEAD signs be temporarily erected and maintained as follows:
NORTHBOUND TRAFFIC: NW Corner of the NE ¼ Section 23, T90N, R27W.
SOUTHBOUND TRAFFIC: SE Corner of the SW ¼ Section 14, T90N, R27W.
BE IT FURTHER RESOLVED that the traffic control devices for the aforementioned road closure and detour route were established in the field at 9:00 A.M., Monday, August 28, 2006 and shall continue for the duration of said maintenance project as determined by the Webster County Engineer.
PASSED AND APPROVED this 29th day of August 2006:
S/Greg Nolting
Chairman, Board of Supervisors
Attest:
S/Carol Messerly
Webster County Auditor
Motion carried unanimously.
Moved by Condon, seconded by Lizer to approve and authorize Chair to sign utility permit application from Frontier Communications to install approximately 675 feet of new copper telephone cable along the north side of 190th Street in Section 15, Cooper Township. (Copy on file in Engineer’s office). Motion carried unanimously.
Moved by Lizer, seconded by Gill to approve and authorize Chair to sign utility permit application from Lehigh Valley Telephone to replace copper telephone cable along the south side of 290th Street from Hawkeye Avenue to 1779 290th Street. (Copy on file in Engineer’s office). Motion carried unanimously.
Moved by Gill, seconded by Condon to void permit from Midland Power Cooperative that was approve August 15, 2006 and approve and authorize Chair to sign utility permit application from Midland Power Cooperative to rebuild and construct new overhead electric line in Sections 20 and 29, Township 86 North, Range 27 West to Hidden Acres Camp, 3837 Union Avenue. (Copy on file in Engineer’s office). Motion carried unanimously.
Moved by Condon, seconded by Lizer to approve and authorize Chair to sign contact documents with Fred Carlson Company for Projects FM-CO94(60)-55-94 and FM-TSF-CO94(62)-5B-94 for road improvements to Route P59 from 25th Avenue North in Fort Dodge north approximately 6 miles to Badger. (Copy on file in Engineer’s office). Motion carried unanimously.
Moved and seconded the meeting adjourned.