June

Regular Meeting

June 6, 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 May 30, 2006 regular meeting.  Motion carried unanimously.

Moved by Gill, seconded by Condon to receive and place on file drainage repairs for Joint Drainage District No 16 Webster and No. 31 Calhoun.  Motion carried unanimously.

Moved by Condon, seconded by Magnusson to approve retaining the services of R. Mark Cory, as Bonding Council.  Motion carried unanimously.

Moved by Magnusson, seconded by Lizer to receive and place on file Manure Management Update for M and S Pork, Section 25, Hardin Township.  (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Lizer, seconded by approve and authorize Chair to sign letter to Department of Natural Resource regarding construction permit application for a confinement feeding operation for Scott Bergquist, Section 23, Hardin Township stating no comments were received. (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved and seconded the meeting adjourned.

Regular Meeting

June 13, 2006

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

Moved by Gill, seconded by Condon to approve minutes of June 6, 2006 regular meeting.  Motion carried unanimously.

Moved by Condon, seconded by Magnusson to appoint Marsha Howard to Callender City Library Board to serve a six- year term.  Motion carried unanimously.

Moved by Magnusson, seconded by Gill to appoint the following members to the Webster County MH/MR/DD/BI (Mental Health) Planning Committee to serve a one- year term:

Brian Schmidt, Isun Seivert, Richard Scisco, Janet McBride, Diana Johnson, Jim Burr, Martha Miller, Linda Smith, Rhonda Utley, Teresa Naughton, Jim Gill, Deb Delp, Joyce Hay, and Blake Parker.

Motion carried unanimously.

Moved by Gill, seconded by Condon to approve Northwoods Living service rates for Fiscal Year 2007.  (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Condon, seconded by Magnusson to receive and place on file resignation of Tammy Seward, Public Health Department, effective June 16, 2006.  Motion carried unanimously.

Moved by Magnusson, seconded by Gill to approve and authorize Chair to sign Copier Lease Agreement for County Attorney.  (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Gill, seconded by Condon to approve assignment of Tax Sale Certificates Number P040552 and P050001 to the City of Clare, per request of County Treasurer and further to abate the real estate taxes in the amount of $169.00.

Moved by Condon, seconded by Magnusson to approve Class B Beer Permit for Shellabration, Inc., effective July 2, 2006 through July 7, 2006.  Motion carried unanimously.

Moved by Magnusson, seconded by Gill to receive and place on file Planning and Zoning Commission’s Report and set time and date for public hearing on the first consideration to amend the Future Land Use Map in the Comprehensive Plan and amend Zoning Ordinance 024 to rezone property from A-2 to C-1 in the Southwest Quarter of the Northeast Quarter, South of Highway and Southeast Quarter of the Northeast Quarter south of Highway, all in Section 9, Township 88 North, Range 28 West of the 5^th P.M., Webster County, Iowa; and further to set 10:30a.m. on June 27, 2006, as the time and date for hearing on first consideration of said rezone. Motion carried unanimously.

Moved by Gill, seconded by Condon to approve and authorize Chair to sign the following resolution:

RESOLUTION NUMBER 2006-0613

RESOLUTION APPROVING WEBSTER COUNTY’S

PARTICIPATION IN A RISE IMMEDIATE

OPPORTUNITY FUNDING PROGRAM

WHEREAS, the Code of Iowa authorizes the RISE Program as a mechanism to assist the location of industries within Iowa by providing incentives to local governments to assist in funding road improvements when such is required as part of the industrial location criteria; and

WHEREAS, the Iowa Department of Transportation has established program guidelines and has provided an open window of opportunity for submitting applications for the RISE program; and

WHEREAS, Webster County is actively pursuing industrial businesses to establish operations in the area west of Hayes Avenue approximately 4 miles west of Fort Dodge, Iowa; within the Northcentral Agricultural Park, and

WHEREAS, a developer (Tate & Lyle of London, England) has indicated a desire to construct a new industrial plant on an approximate 365 acre site near the former community of Tara, which will create new job opportunities for the Webster County area; and

WHEREAS, a key ingredient in the selection of the site is access to major highways, and more specifically, the construction of a paved access to the proposed plant location, with such action representing an immediate non-speculative opportunity for Webster County; and

WHEREAS, the roadway will remain dedicated to public use and under the jurisdiction of Webster County, who will be responsible for its maintenance.

NOW, THERFORE, BE IT RESOLVED by the Webster County Board of Supervisors that:

The Webster County Board of Supervisors fully endorses the construction of a new county road to be located in the NE1/4 of Section 19, T-89N, R-29W, Douglas Township beginning along the south side of Iowa Highway 7 approximately 0.4 mile west of Hayes Avenue and terminating approximately 0.5 miles south of Iowa Highway 7, and authorizes the Chair to sign all necessary application documents and to submit the same to the Iowa Department of Transportation; and that

The Webster County Board of Supervisors will solicit the services of the MIDAS Council of Governments and the Webster County Development to assist in application preparation; and that

The Webster County Board of Supervisors will assure the required local match is provided to the RISE funds through the use of Webster County Road Funds, if approved by the Iowa Department of Transportation. 

PASSED AND APPROVED this 13th day of June, 2006.

S/Greg Nolting, Chair

Webster County Board of Supervisors

ATTEST:

S/ Carol Messerly, Webster County Auditor

Motion carried unanimously.

Moved by Condon, seconded by Magnusson to approve and authorize Chair to sign Iowa Department of Transportation Funding Agreement Number 1-06-HBRRS-015 for Bridge Replacement Project BROS-CO094(64)-5F-94 on 230^th Street between Sections 5 & 8, Washington Township.  (Copy on file in Engineer’s office).  Motion carried unanimously.

Moved by Magnusson, seconded by Gill to receive and place on file summary of bids for the used equipment in secondary road department.  (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Gill, seconded by Condon to allow claims.  Motion carried unanimously.

Moved and seconded the meeting adjourned.

Regular Meeting

June 20, 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 Gill, seconded by Condon to approve minutes of June 13, 2006 regular meeting.  Motion carried unanimously.

Moved by Condon, seconded by Magnusson to approve employment of Cori Kuhn, Assistant Webster County Attorney, at the starting salary of $42,231.00, effective July 3, 2006.  Motion carried unanimously.

Moved by Magnusson, seconded by Lizer to accept resignation of Jim Kersten, Webster County Conservation Board Member and approve appointment of Kirk Seltz to fill remainder of term.  Motion carried unanimously.

Moved by Lizer, seconded by Condon to approve assignment of Tax Sale Certificate Number P040554, to the City of Vincent; and further to abate the taxes.  Motion carried unanimously.

Moved by Condon, seconded by Lizer to approve Fiscal Year 2007salary increases for the following offices:  County Engineer, County, Treasurer, County Auditor, County Recorder, County Conservation, and MIS/GIS Dept. 

County Engineer

County Treasurer

County Auditor

County Recorder

County Conservation

MIS/GIS Department

Motion carried unanimously.

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

RESOLUTION

Whereas, the State of Iowa has appropriated moneys for fiscal year July 1, 2006 through June 30, 2007, which moneys are insufficient to fully fund the various local property tax credits/exemptions,

And, whereas, Iowa Code Section 25B.7 requires local governments to extend to the taxpayers only those portions of the property tax credits/exemptions that are estimated by the Iowa Department of Revenue and Finance to be funded by the sate appropriation,

And, whereas the Iowa Department of Revenue and Finance has estimated the percentages of funding for the affected property tax credits/exemptions as follows:  Homestead credit (including Disabled Veteran’s Homestead Credit) 77%, Low-income, Elderly, Disabled Credit 94%, Military Exemption 100%,

And, whereas the option of fully funding property tax credits/exemptions will cause a funding shortfall to local governments in the County, this fiscal year,

And, whereas the option of passing on the reduced state-reimbursed values of the credits will increase the amount of net taxes in the County,

And, whereas we find that passing on the reduced state-reimbursed values of the homestead credits to the taxpayers in the County funds local governments to the greatest effect while impacting the largest number of persons with minimal effect and, therefore, in the public interest,

Now, therefore, be it resolved pursuant to Iowa Code Section 25B.7 that the property tax credits/exemptions in Webster County for fiscal year July 1, 2005 through June 30, 2006 shall be funded as follows:

Homestead Credit                                                                                77%

Low-Income, Elderly, Disabled Credit                                              94%

Military Exemption                                                                               100%

Dated at Fort Dodge, Iowa, this 20 day of July, 2006.

S/Greg Nolting                                                                      S/Joel Lizer

Webster County Board of Supervisors                            Webster County Board of Supervisors

S/James Gill                                                                           S/Floyd A. Magnusson

Webster County Board of Supervisors                            Webster County Board of Supervisors

S/Phil Condon

Webster County Board of Supervisors

Attest:

S/Carol Messerly

Webster County Auditor

Motion carried unanimously.

Moved by Gill, seconded by Condon to a approve and authorize refund of taxes for erroneous assessment in the amount of $3,208.80, per recommendation of County Assessor.  Motion carried unanimously.

Moved by Condon, seconded by Magnusson to approve and authorize Chair to sign Iowa Department of Transportation Agreement for Transfer of Public Road Jurisdiction of that portion of existing U.S. Highway 20 from Calhoun County line east approximately 6.5 miles to the north corporation limits of Moorland.  Motion carried unanimously.

Moved by Magnusson, seconded by Lizer to approve Labor Agreement with Webster County Road Workers for period commencing July 1, 2006 through June 30, 2009.  (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved and seconded the meeting adjourned.

Regular Meeting

June 27, 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 June 20, 2006 regular meeting.  Motion carried unanimously.

Moved by Gill, seconded by Condon to approve the following Fiscal Year 2005-2006 Department Appropriation changes:  Decrease Department 051 $10,350.00; increase Department 008 $10,350.00; decrease Department 054 $2,750.00; increase Department 055 $2,750.00.  Motion carried unanimously.

Moved by Condon, seconded by Magnusson to approve employment of the following Part-time Correctional Officers at the rate of $10.00 per hour:  Nicole Summers, effective June 11, 2006; Rhonda Olmstead, effective June 13, 2006; Adam Schmit and Timothy Thoma, effective June 19, 2006.  Motion carried unanimously.

Moved by Magnusson, seconded by Lizer to approve salary increase for Michael Garrard, Correction Officer to $10.86 per hour, effective June 4, 2006.  Motion carried unanimously.

Moved by Lizer, seconded by Gill to receive and place on file resignation of Gary Simonesen, Civil Process Server, effective June 21, 2006.  Motion carried unanimously.

Moved by Gill, seconded by Condon to approve bond of Dayton Farm Drainage Inc. for installation of septic tanks.  Motion carried unanimously.

Moved by Condon, seconded by Magnusson to approve Fiscal Year 2006-2007 salary increases:

Assessors

County Attorneys

Board of Health

CPC/Case Management Office

Emergency Management

Tony Jorgensen                                         $36,904.52

General Relief/Veteran’s Affair

Webster County Sheriff

Motion carried unanimously.

Moved by Magnusson, seconded by Lizer to approve MH/DD Fiscal Year 2007 rates for Iowa Central Industries and North Central Iowa Mental Health Center.  (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Lizer, seconded by Gill to approve and authorize Chair to sign extension of Subcontract Agreement between Webster County and Youth Shelter Care for the Edward Byrne Memorial and Local Law Justice Assistance Grant Funds through June 30, 2007.  Motion carried unanimously.

Moved by Gill, seconded by Condon to receive and place on file rate increase to $46.65 per day, for Youth Shelter Care, emergency shelter care program, effective July 1, 2006.  Motion carried unanimously.

Moved by Condon, seconded by Magnusson to approve the following Fiscal Year 2006-2007 Department Appropriation:

Motion carried unanimously.
 

Moved by Magnusson, seconded by Lizer to approve and authorize transfer from Rural Basic Fund to Secondary Road Fund, in the amount of $720,000.00 and $19,160 from the General Basic Fund to the Secondary Road Fund, per Fiscal Year 2005-2006 Budget and from $106, 246.13 from General Basic to General Supplemental for employment benefits reimbursed by Child Support Recovery Unit in Fiscal Year 2005-2006.  Motion carried unanimously.

Moved by Lizer, seconded by Gill to cancel Board of Supervisor’s Regular Meeting of July 4, 2006, in observation of Independence Day.  Motion carried unanimously.

Moved by Gill, seconded by Condon to approve reappointment of Darlene Winninger as rural member of the Duncombe Library Board.  Motion carried unanimously.

Moved by Condon, seconded by Magnusson to receive and place on file Annual Update for Confinement Feeding Operation, in Section 27, Gowrie Township.  (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Magnusson, seconded by Lizer to approve and authorize Chair to sign Wetland Mitigation Agreement between State of Iowa, Iowa Department of Transportation and Webster County Conservation Board.  (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Lizer, seconded by Gill to approve and authorize temporary closure of 160^th Street along the north side of Harlan Rogers Sports Complex between Nelson Avenue and Oates Avenue and other special traffic control on Nelson Avenue along the west side of Harlan Rogers Sports Complex on Sunday July 2, 2006, during the Doobie Brothers Concert.  Motion carried unanimously.

Moved by Gill, seconded by Condon to adopt resolution and authorize Chair to sign Tate and Lyle’s Application for Financial Assistance from the Iowa Department of Economic Development

RESOLUTION APPROVING THE TATE & LYLE INGREDIENTS AMERICA, INC.

PROJECT FOR THE PURPOSE OF RECEIVING TAX INCENTIVES AND

ASSISTANCE UNDER THE HIGH QUALITY JOB CREATION PROGRAM, THE

COMMUNITY ECONOMIC BETTERMENT ACCOUNT, THE VALUE-ADDED

AGRICULTURAL PRODUCTS AND PROCESSES FINANCIAL ASSISTANCE

PROGRAM, AND APPROVING A VALUE-ADDED PROPERTY TAX EXEMPTION

WHEREAS, Webster County, Iowa (the “County”) has received a request from Tate & Lyle Ingredients America, Inc. (“Tate”) to approve Tate’s construction of a 150,000 bushel per day corn wet mill for the production of Industrial Starches thereby creating at least 100 full-time equivalent jobs paying at least 160% of the average county wage in the County (the “Project”); and

WHEREAS, Tate has requested that the County approve said Project by resolution and sign Tate’s application with the Iowa Department of Economic Development as the sponsor community so Tate may receive incentives and assistance under the High Quality Job Creation Program, the Community Economic Betterment Account, the Value-Added Agricultural Products and the Processes Financial Assistance Program and Physical Infrastructure Assistance Program; and

WHEREAS, the County desires that the Iowa Department of Economic Development consider Tate’s application for said benefits; and

WHEREAS, the County is willing to grant a tax exemption for the Project, subject to certain requirements; and

WHEREAS, Tate has indicated it will meet all requirements for said benefit programs, will enter into a contract with the County and the Iowa Department of Economic Development, and will enter into a separate development agreement for the Project with the County and the City of Fort Dodge, Iowa for the Project.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF WEBSTER COUNTY, IOWA:

                Section 1.  That the County hereby finds that the Project is consistent with the County’s plan for development, and is coordinated with other physical infrastructure projects in the area, and approves the Project for the purpose of receiving tax incentives and assistance under the High Quality Job Creation Program, the Community Economic Betterment Account, the Value-Added Agricultural Products and Processes Financial Assistance Program and the Physical Infrastructure Assistance Program.

                Section 2.  Subject to the execution of an agreement with the Iowa Department of Economic Development and the County, and subject to the terms of a separate development agreement with the County and the City of Fort Dodge, Iowa, providing for remedies and indemnification in the event Project requirements are not achieved or met, the County will, pursuant to Iowa Code Section 15.332, exempt from taxation all of the actual value added by the Project to real property that is directly related to the new jobs created by the Project for a period of 10 years, beginning with the year the improvements are first assessed for taxation.  In the event an agreement with the Iowa Department of Economic Development and the County is not executed, or in the event a separate development agreement with County and the City of Fort Dodge, Iowa, in a form acceptable to the County and the City, is not executed, this tax exemption shall be null and void.

                Section 3.  The County Auditor shall provide a copy of this resolution to the Iowa Department of Economic Development and the Webster County Assessor.

                Section 4.  Officers of the County are hereby authorized to take such further actions as are deemed necessary in order to carry into effect the provisions of this resolution, including but not limited to, execution of applications filed with the Iowa Department of Economic Development and other State agencies for benefits related to the Project.

                Section 5.  This resolution shall become effective immediately upon its passage and approval.

PASSED AND APPROVED this 27^th day of June, 2006.

S/Greg Nolting

Chairperson, Board of Supervisors

ATTEST:

S/Carol Messerly

County Auditor

Motion carried unanimously. 

Moved by Condon, seconded by Magnusson to receive and place on file 6-month wage adjustment for Dale Iles, Welder/Fabricator to $16.60 per hour effective July 16, 2006 per labor agreement.  Motion carried unanimously.

At 10:30a.m. a Public Hearing on the first consideration to amend the Future Land Use Map in the Comprehensive Plan and amend Zoning Ordinance 024 to rezone property from A-2 to C-1 in the Southwest Quarter of the Northeast Quarter, South of Highway and Southeast Quarter of the Northeast Quarter south of Highway, all in Section 9, Township 88 North, Range 28 West of the 5^th P.M., Webster County, Iowa.  No written objections were file and oral comments were heard.  Chairman Nolting closed the public hearing and moved by Magnusson, seconded by Lizer to approve first consideration of said amendments, subject to the design standards set out by the Planning and Zoning Commission and further to set July 25, 2006 at 10:30a.m. as the time and date for public hearing on the final consideration of said rezone.  Roll call vote:  Ayes – Lizer, Gill, Condon and Magnusson.  Nays:  None.  Motion carried unanimously.

Lidie Hora and several high school students, representing Students for a Drug-Free Alliance, requested that the Board of Supervisors consider adopting a keg registration ordinance for Webster County.  The Board of Supervisors directed the County Attorney to draft a related ordinance for Webster County.

Moved by Lizer, seconded by Gill to allow claims.  Motion carried unanimously.

Moved and seconded the meeting adjourned.

Special Meeting

June 30, 2006

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

Moved by Lizer, seconded by Condon to approve and authorize Chair to sign Lease Agreement with Fort Dodge Business Systems for MIS Department.  (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Condon, seconded by Magnusson to approve and authorize Chair to sign Contract for Services with JEO Consulting Group, Inc. (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Magnusson, seconded by Lizer to approve FY06 Economic Development funding for Mineral City Speedway, in the amount of $3,000.00.  Motion carried unanimously.

Moved by Lizer, seconded by Condon to approve various projects for Law Enforcement Center and Social Service Building.  Motion carried unanimously.

Moved and seconded the meeting adjourned.