June

Regular Meeting

June 5, 2007

 

The Board of Supervisor met in Session on the above date with the following members present: Condon, Dencklau, Lizer, Motl and Nolting.   Absent:  None.

 

Moved by Lizer, seconded by Condon to approve minutes of May 29, 2007, regular meeting.  Motion carried unanimously.

 

Moved by Condon, seconded by Dencklau to receive and place on file the following Drainage Repairs:  D.D.# 69, D.D.#79, and D.D.#371.  Motion carried unanimously.

 

Moved by Dencklau, seconded by Motl to approve and authorize Chair to sign the following Letter of Intent:

 

LETTER OF INTENT

 

Ruan Securities Corporation (“RSC”) will undertake to assist the Board of Supervisors of the County of Webster County of Webster County, Iowa (the “Board”), in financing $720,000 General Obligation Capital Loan Notes, Series 2007  (the Notes”) to pay costs of improvements and equipment for County buildings, including the acquisition and installation of equipment for emergency telecommunications and E-911 response services; and to pay costs of acquiring, equipping and furnishing real property located at 108 South 8^th Street, Fort Dodge, Iowa.

 

At the discretion of the Board, RSC will underwrite the Notes offered by the County under the following terms:

 

a.        The Notes will be dated June 15, 2007, and will mature over a five-year period. The schedule and rates

will be mutually acceptable to the Board and RSC. The Notes will pay interest semiannually beginning

December 1, 2007. Notes maturing after June 1, 2010 will be subject to call prior to maturity on said date or on any date thereafter at par. The Notes will be sold to RSC at a discount of 1.50%.

 

b.       The Notes will be accompanied by a legal opinion of recognized bond counsel.

 

c.     The Board will pay the costs of issuance to be capitalized in the issue which includes note printing,

                        bond counsel and opinion, publication fees, local legal fees, if any, and will pay to RSC a fee of one

                        thousand seven hundred fifty dollars ($1,750.00) for out-of-pocket and management expenses.

 

c.        The Board has no obligation to RSC nor RSC to the Board should the financing of the Notes not occur.

 

 

                                                                 Respectfully submitted,

 

 

                                                                         s/John Geist

                                                                        Vice President

               

 

                Accepted by: s/Greg Nolting                                  Date:   June 5, 2007 

                Chairman Board of Supervisors

 

 

Motion carried unanimously.

 

Moved by Motl, seconded by Lizer to approve and authorize Chair to sign letter of appointment for Matt Cosgrove, Webster County Conservation Director, as the official representative for all Farm Service Agency payments and documents related to the Miller Marsh Wildlife Management Area, in Webster County.  Motion carried unanimously.

 

Moved by Lizer, seconded by Condon to approve and authorize abatement of taxes against Parcel No. 0734100901, per recommendation of County Treasurer.  Motion carried unanimously.

 

Moved by Condon, seconded by Dencklau to approve and authorize Chair to sign Beer Permit Renewal for This N That Country Store.  Motion carried unanimously.

 

Moved by Dencklau, seconded by Motl to receive and place on file Manure Management Plan updates for M & S Pork in Section 25, Hardin Township and CJS Pork in Section 31, Elkhorn Township.  (Copies on file in Auditor’s office).  Motion carried unanimously.

 

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

 

2007 WEED RESOLUTION

 

                WHEREAS, noxious weeds, if not controlled, would be a major problem in Webster County.

 

                WHEREAS, section 317.13 of the Code of Iowa grants the Board of Supervisors the authority, upon the recommendation of the County Weed Commissioner, to yearly set out by resolution a program of weed control for that year.

 

                WHEREAS, pursuant to section 317.14, notice of the program must be published.

 

                WHEREAS, the Webster County Weed Commissioner has recommended the following program for weed control in conformance with and to the provisions of Chapter 317 of the Code of Iowa.

 

                BE IT HEREBY RESOLVED by the Board of Supervisors for Webster County, Iowa: That pursuant to the provisions of Chapter 317, 1997 Code of Iowa, It is hereby ordered:

 

1.        That each owner and each person in the possession or control of any land in Webster County shall control on that land all noxious weeds as defined below at such time and such manner as shall prevent said weeds from blooming or coming to maturity. Noxious weeds shall be cut, burned, or otherwise destroyed as often as necessary to prevent seed production. Furthermore each owner and each person in possession or control of any land in Webster County shall keep that land free from the growth of any type of weed, which would render the streets or highways adjoining said land unsafe for public travel. Such Weeds shall be cut or otherwise controlled as often as necessary to keep the streets or highways adjoining said land safe for public travel.

                               

                                PRIMARY NOXIOUS WEEDS:  Quack Grass, Perennial Sow Thistle, Canada Thistle, Bull Thistle, Field Bindweed, Horse Nettle, Leafy Spurge, Hoary Cress (Perennial Pepper-grass), Russian Knapweed, Tall Thistle, Musk Thistle, Buckthorn, and Purple Loosestrife.

 

                                SECONDARY NOXIOUS WEEDS: Wild Mustard, Velvetleaf (Butterprint), Cocklebur, Wild Carrot, Shattercane, Buckhorn Plantain, Red (sheep) Sorrel, Curly Dock, Smooth Dock, Poison Hemlock, Multiflora Rose, Teasel, Puncture Vine.

 

2.        That each owner and each person in the possession or control of any lands in Webster County infested with primary noxious weeds shall adopt a program of Weed control as prescribed by the Weed Commissioner, which shall be designed to immediately control and keep under control such infections of noxious weeds.

                               

3.        That if owners or persons in control of any lands in Webster County shall fail to comply with the foregoing orders, the Weed Commissioner shall cause this to be done and the expense of such work, including the costs of serving notice and other costs, if any shall be assessed against the real estate upon which weeds were controlled.

 

                                4.    That the County auditor be and hereby is directed to cause notice of the making and entering of the foregoing Order to be published by on publication in each of the official newspapers of the county.

                 

Motion carried unanimously.

 

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

 

Moved by Condon, seconded by Dencklau to approve and authorize Chair to sign resolution that temporarily closes the intersection of Routes C66 and P29 in Clare for railroad crossing repairs.  Motion carried unanimously.

 

Moved by Dencklau, seconded by Motl to adopt the following resolution:

 

RESOLUTION FOR TEMPORARY ROAD CLOSURE OF

ROUTE P59 BETWEEN ROUTE D14 AND 25^TH AVENUE NORTH AND DESIGNATING A DETOUR ROUTE

 

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, Road Improvement Project FM-CO94(60)—55-94 requires Route P59 (a.k.a. Paragon Avenue/North 32^nd Street) between Route D14 and 25^th Avenue North to be closed to through traffic and a detour route to be established.

 

NOW, THEREFORE, BE IT RESOLVED by the Webster County Board of Supervisors that above-describe said portion of Route P59 (a.k.a. Paragon Avenue/North 32^nd Street) be closed and the following roads be designated as a detour route:

 

From the junction of Route P59 (a.k.a. Paragon Avenue/North 32^nd Street) and Route D18 (a.k.a. 190^th Street/10^th Avenue North); thence East three miles on Route D18 (a.k.a. 190^th Street) to the junction of Route P63 (a.k.a. Samson Avenue); thence North two miles on Route P63 (a.k.a. Samson Avenue) to the junction of Route D14 (a.k.a. 170^th Street); thence West three miles on Route D14 (a.k.a. 170^th Street) to the junction of P59 (a.k.a. Paragon Avenue).

 

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., June 4, 2007 and shall continue for the duration of said construction project as determined by the Webster County Engineer.

 

PASSED AND APPROVED this 5^th day of June, 2007:

 

s/ Greg Nolting 

Webster County Board of Supervisors

 

ATTEST:

s/Carol Messerly

Webster County Auditor 

 

Moved by Motl, seconded by Lizer to approve and authorize Chair to sign application for approval of construction of subsurface drainage tile along the north side of 250^th Street in the Southeast Quarter of Section 17, Elkhorn Township from Doris and Gary Wesley.  (Copy on file in Engineer’s office).  Motion carried unanimously.

 

Moved by Lizer, seconded by Condon to approve and authorize Chair to sign utility permit application for Iowa Telecommunications Network to relocate their 12-fiber/0.5 inch diameter cable at the intersections of Route D20, Hayes Avenue, and Johnson Avenue along relocated US Highway 20.  (Copy on file in Engineer’s office).  Motion carried unanimously.

 

Moved by Condon, seconded by Dencklau the meeting adjourned.

Regular Meeting

June 12, 2007

 

The Board of Supervisor met in Session on the above date with the following members present: Condon, Dencklau, Lizer, Motl and Nolting.   Absent:  None.

 

Moved by Lizer, seconded by Condon to approve minutes of June 5, 2007, regular meeting.  Motion carried unanimously.

 

Moved by Condon, seconded by Dencklau to receive and place on file Drainage Repairs in Joint Drainage District # 70 Webster & #95 Calhoun.  Motion carried unanimously.

 

A Public Hearing was held on the First Consideration of Ordinance No. 042 – Code of Ordinance readopting existing County Code and repealing certain portions therein. No written or oral objections were heard.  Moved by Dencklau, seconded by Motl to approve first consideration of Ordinance No. 042, Code of Ordinance.  Roll Call Vote:  Ayes – Lizer, Condon, Dencklau, Motl and Nolting.  Nays – None.  Motion carried unanimously.

 

Moved by Motl, seconded by Lizer to waive second consideration of Ordinance No. 042 – Code of Ordinance readopting existing County Code and repealing certain portions therein; and further to set Tuesday June 26, 2007, at 10:00 a.m. as the date and time for final public hearing on said Ordinance No. 042 – Code of Ordinance.  Motion carried unanimously.

 

Moved by Lizer, seconded by Condon to adopt the following Resolution:

 

RESOLUTION APPOINTING BANKERS TRUST COMPANY, N.A. OF DES MOINES, IOWA, TO SERVE AS PAYING AGENT, NOTE REGISTRAR, AND TRANSFER AGENT, APPROVING THE PAYING AGENT AND NOTE REGISTRAR AND TRANSFER AGENT AGREEMENT AND AUTHORIZING THE EXECUTION OF THE AGREEMENT

 

                WHEREAS, $720,000 General Obligation Capital Loan Notes, Series 2007, dated June 15, 2007, have been sold and action should now be taken to provided for the maintenance of records, registration of certificates and payment of principal and interest in connection with the issuance of the notes: and

 

                WHEREEAS, this Board has deemed that the services offered by Bankers Trust Company, N.A. of Des Moines, Iowa, are necessary for compliance with rules, regulations, and requirements governing the registration, transfer and payment of registered notes; and

 

                WHEREAS, a Paying Agent, Note Registrar and Transfer Agent Agreement (hereafter “Agreement”) has been prepared to be entered into between the County and Bankers Trust Company, N.A.

 

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

 

                Section 1. That Bankers Trust Company, N.A. of Des Moines, Iowa, is hereby appointed to serve as Paying Agent, Note Registrar and Transfer Agent in connection with the issuance of $720,000 General Obligation Capital Loan Notes, Series 2007, dated June 15, 2007

 

                Section 2. That the Agreement with Bankers Trust Company, N.A. of Des Moines, Iowa, is hereby approved and that the Chairperson and Auditor are authorized to sign the Agreement on behalf of the County.

 

                PASSED AND APPROVED this 12^th day of June, 2007.

 

s/ Greg Nolting 

Chairperson

 

 

ATTEST:

 

s/ Carol Messerly

County Auditor

 

Motion carried unanimously.

 

Moved by Lizer, seconded by Condon to adopt the following Resolutions:

 

RESOLUTION APPROVING AND AUTHORIZING A FORM OF LOAN AGREEMENT AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $720,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2007, AND LEVYING A TAX TO PAY THE NOTES

 

                WHEREAS, the Issuer is a political subdivision duly organized and existing under and by virtue of the laws and Constitution of the State of Iowa; and

 

                WHEREAS, the Issuer is in need of funds to pay costs of acquiring real property located at 108 S. 8^th Street, Fort Dodge, Iowa a General County Purpose, and it is deemed necessary and advisable that a form of Loan Agreement be approved and authorized and General Obligation Capital Loan Notes, in the amount of not to exceed $500,000 be issued for such purpose; and

 

                WHEREAS, the Issuer is also in need of funds to pay costs of improvements and equipment for County buildings, including the acquisition and installation of equipment for emergency telecommunications and E-911 response services, a General County Purpose, and it is deemed necessary and advisable that a form of Loan Agreement be approved and authorized and General Obligation Capital Loan Notes, in the amount of not to exceed $220,000 be issued for such purpose; and

 

                WHEREAS, the Loan Agreement will be payable from the General Fund and will not result in the total of scheduled annual payments of principal or interest or both principal and interest of the County due from the General Fund of the County in any future year with respect to all loan agreements in force on the date of issuance of the Loan Agreement to exceed ten percent (10%) of the last certified general fund budget amount; and

 

                Whereas, pursuant to notices published as required by Sections 331.402, 331.441 AND 331.443 of the Code of Iowa, as amended, this Board has held public meetings and hearings upon the proposal to institute proceedings for the issuance of the Notes, and the Board is therefore now authorized to proceed with the issuance of the Notes, in the aggregate amount of $720,000:

 

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

 

                Section 1. Definitions.  The following terms shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise:

 

                “Authorized Denominations” shall mean $5,000 or any integral multiple thereof.

 

                “Beneficial Owner” shall mean the person in whose name such Note is recorded as the beneficial owner of a Note by a Participant on the records of such Participant or such person’s subrogee.

 

                “Cede & Co.” shall mean Cede & Co., the nominee of DTC, and any successor nominee of  DTC with respect to the Notes.

 

                “Depository Notes” shall mean the Notes as issued in the form of one global certificate for each maturity, registered in the Registration Books maintained by the Registrar in the name of DTC or its nominee.

 

                “DTC” shall mean The Depository Trust Company, New York, New York, a limited purpose trust company, or any successor book-entry securities depository appointed for the Notes.

 

                “General Fund” shall mean the fund established to receive all moneys from taxes and other sources for county government purposes as provided in Section 331.427, Code of Iowa.

 

                “Issuer” and “County” shall mean Webster County, State of Iowa.

 

                “Loan Agreement” shall mean a Loan Agreement between the Issuer and a lender or lenders in substantially the form attached to and approved by this Resolution.

 

                “Note Fund” shall mean the fund required to be established by Section 4 of this Resolution.

 

                “Notes” shall mean $720,000 General Obligation Capital Loan Notes, Series 2007, authorized to be issued by this Resolution.

 

                “Participants” shall mean those broker-dealers, banks and other financial institutions for which DTC holds Notes as securities depository.

 

                “Paying Agent” Shall mean Bankers Trust Company, N.A., or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issuer’s agent to provide for the payment of principal of and interest on the Notes as the same shall become due.

 

                “Project” shall mean the costs of improvements and equipment for County buildings, including the acquisition and installation of equipment for emergency telecommunications and E-911 response services, and to acquire real property located at 108 s. 8^th Street, Fort Dodge, Iowa.

 

                “Project Fund” shall mean the fund required to be established by this Resolution for the deposit of the proceeds of the Notes.

 

                “Rebate Fund” shall mean the fund so defined in and established pursuant to the Tax Exemption Certificate.

 

                “Registrar” shall mean Bankers Trust Company, N.A. of Des Moines, Iowa, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the Notes. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Notes.

 

                “Representation Letter” shall mean the Blanket Issuer Letter of Representations executed and delivered by the Issuer to DTC.

                
                “Resolution” shall mean this resolution authorizing the issuance of the Notes.

 

                “Tax Exemption Certificate” shall mean the Tax Exemption Certificate executed by the Treasurer and delivered at the time of issuance and delivery of the Notes.

 

                “Treasurer” shall mean the County Treasurer or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Notes issued hereunder.

 

                Section 2. The form of Loan Agreement in substantially the form attached to this Resolution is hereby approved and is authorized to be executed and issued on behalf of the Issuer by the Chairperson and attested by the County Auditor.

 

                Section 3. Levy and Certification of Annual Tax; Other Funds to be Used.

 

(a)     Levy of Annual Tax. That for the purpose of providing funds to pay the principal and interest of the Notes hereinafter authorized to be issued, there shall be levied in the General Fund for each future year the following direct annual tax on all of the taxable property in Webster County, Iowa, to-wit:

 

FISCAL YEAR (JULY 1 TO JUNE 30)

                                         AMOUNT                                           YEAR OF COLLECTION       TTT      

 

                                                     $142,043 (cash on hand)                                                2007/2008

                                                         $183,710                                                                        2008/2009

                                                         $182,550                                                                        2009/2010

                                                         $181,115                                                                        2010/2011

                                                         $114,400                                                                        2011/2012

                                                                                                                                                       

(NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 2006, will be collected during the fiscal year commencing July, 2007).

 

(b)     Additional County Funds Available.  Principal and interest coming due at anytime when the proceeds of such tax on hand shall be insufficient to pay the same shall be promptly paid when due from current funds of the County available for that purpose and reimbursement shall be made from such special fund in the amounts thus advanced.

 

Section 4. Note Fund. The tax shall be assessed and collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the County and when collected they shall be converted into a special fund within the General County, and when collected they shall be converted into a special fund within the General Fund to be known as the “GENERAL FUND CAPITAL LOAN NOTE FUND 2007” (the “Note Fund”), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Notes hereinafter authorized to be issued.

 

                Section 5. Application of Note Proceeds.  Proceeds of the Notes other than accrued interest except as may be provided below shall be credited to the Project Fund and expended only for the purposes of the Project.  Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Notes at any time that other funds shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not inconsistent with limitations provided by law or this Resolution. Accrued interest, if any, shall be deposited in the Note Fund.

 

                Section 6. Investments of Note Fund Proceeds. All moneys held in the Note Fund and the Project Fund, shall be invested in investments permitted by Chapter 12B, Code of Iowa, 2007 (formerly Chapter 452, Code of Iowa, as amended) or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be continuously secured in compliance with the State Sinking Fund provided under Chapter 12C of the Code of Iowa, 2007, as amended or otherwise by a valid pledge of direct obligations of the United States Government having an equivalent market value. All such interim investments shall mature before the date on which the moneys are required for payment of principal of or interest on the Notes as herein provided.

 

                Section 7. Note Details, Execution and Redemption.

 

                (a) Note Details. General Obligation Capital Loan Notes, Series 2007, of the County in the total amount of      

                $720,000, shall be issued to evidence the obligations of the Issuer under the Loan Agreement pursuant to

                The provisions of Sections 331.402, 331.441 and 331.443 of the Code of Iowa, as amended, for the

aforesaid purpose.  The Notes shall be issued in one or more series and shall be on a parity and secured

equally and ratably from the sources provided in Section 3 of  this Resolution. The Notes shall be

“GENERAL OBLIGATION CAPITAL LOAN NOTE, SERIES 2007 NO. 1”, be dated June 15, 2007, and             

Bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, the interest       payable on December 1, 2007, and semiannually thereafter on the 1^st day of June and December in each year until maturity at the rates hereinafter provided.

 

The Notes shall be executed by the manual signature of the Chairperson and attested by the manual signature of the County Auditor, and impressed with the seal of the County and shall be fully registered as to both principal and interest as provided in this Resolution. Principal, interest and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the Note. The Notes shall be in the denomination of $5,000 or multiples thereof and shall mature and bear interest as follows:

 

                                                Interest                                  Principal                 Maturity                               

                                                   Rate                                     Amount                                 June 1^st.

 

                                                3.85%                                     $115,000                   2008

                                                3.85%                                     $160,000                   2009

                                                3.90%                                     $165,000                   2010

                                                3.95%                                     $170,000                   2011

                                                4.0%                                       $110,000                   2012

 

(b)        Redemption.  Notes maturing after June 1, 2010, may be called for redemption by the Issuer and paid before maturity on such date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call.

 

                Thirty days’ notice of redemption shall be given by registered mail to the registered owner of the Note. Failure to give such notice by mail to any registered owner of the Notes or any defect therein shall not affect the validity of any proceedings for the redemption of the Notes. All notes or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment.

 

                If selection by lot within a maturity is required, the Registrar shall designate the notes to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of notes to be called has been reach.

 

                Section 8. Issuance of Notes in Book-Entry Form; Replacement Notes.

 

(a)     Notwithstanding the other provisions of this Resolution Regarding registration, ownership, transfer, payment and exchange of the Notes, unless the Issuer determines to permit the exchange of Depository Notes for Notes in the Authorized Denominations, the Notes shall be issued as Depository Notes in denominations of the entire principal amount of each maturity of Notes (or, if a portion of the principal amount is prepaid, the principal amount less the prepaid amount); and such Depository Notes shall be registered in the name of Cede & Co., as nominee of DTC. Payment of semi-annual interest for any Depository Note shall be made by wire transfer or New York Clearing House or equivalent next day funds to the account of Cede & Co. on the interest payment date for the Notes at the address indicated in or pursuant to the Representation Letter.

 

(b)     With respect to Depository Notes, neither the Issuer nor the Paying Agent shall have any responsibility or obligation to any Participant or to any Beneficial Owner. Without limiting the immediately preceding sentence, neither the Issuer nor the Paying Agent shall have any responsibility or obligation with respect to (i) the accuracy of the records of DTC or its nominee or of any Participant with respect to any ownership interest in the Notes, (ii) the delivery to any Participant, any Beneficial Owner or any other person, other than DTC or its nominee, of any notice with respect to the Notes, (iii) the payment to any Participant, any Beneficial Owner or any other person, other than DTC or its nominee, of any amount with respect to the principal of, premium, if any, or interest on the Notes, or (iv) the failure of DTC to provide any information or notification on behalf of any Participant or Beneficial Owner.

 

                The Issuer and the Paying Agent may treat DTC or its nominee as, and deem DTC or its nominee to be, the absolute owner of each Note for the purpose of payment of the principal of, premium, if any, and interest on such Note, for the purpose of all other matters with respect to such Note, for the purpose of registering transfers with respect to such Notes, and for all other purposes whatsoever (except for the giving of certain Noteholder consents, in accordance with the practices and procedures of DTC as may be applicable thereto).  The paying Agent shall pay all principal of, premium, if any, and interest on the Notes only to or upon the order of the Noteholders as shown on the Registration Books, and all such payments shall be valid and effective to fully satisfy and discharge the Issuer’s obligations with respect to the principal of, premium, if any, and interest on the Notes to the extent so paid.  Notwithstanding the provisions of the Resolution to the contrary (including without limitation those provisions relating to surrender of Notes, registration thereof, and issuance in Authorized Denominations), as long as the Notes are Depository Notes, full effect shall be given to the Representation Letter and the procedures and practices of DTC thereunder, and the Paying Agent shall comply therewith.

 

(c)     Upon (i) a determination by the Issuer that DTC is no longer able to carry out its functions or is otherwise determined unsatisfactory, or (ii) a determination by DTC that the Notes are no longer eligible for its depository services or (iii) a determination by the Paying Agent the DTC has resigned or discontinued its services for the Notes, if such substitution is authorized by law, the Issuer shall (A) designate a satisfactory substitute depository as set forth below or, if a satisfactory substitute is not found, (B) provide for the exchange of Depository Notes for replacement Notes in Authorized Denominations. 

 

      (d)   To the extent authorized by law, if the Issuer determines to provide for the exchange of Depository Notes

              for Notes in Authorized Denominations, the Issuer shall so notify the Paying Agent and shall provide

                the Registrar with a supply of executed unauthenticated Notes to be so exchanged. The Registrar shall

                thereupon notify the owners of the Notes and provide for such exchange, and to the extent that the

                Beneficial Owners are designated as the transferee by the owners the Notes will be delivered in appropriate

               form, content and Authorized Denominations to the Beneficial Owners, as their interests appear.

 

(e)   Any substitute depository shall be designated in writing by the Issuer to the Paying Agent. Any such              

substitute depository shall be a qualified and registered “clearing agency” as provided in Section 17A of the Securities Exchange Act of 1934, as amended. The substitute depository shall provide for (i) immobilization of the Depository Notes, (ii) registration and transfer of interests in Depository Notes by book entries made on records of the depository or its nominee and (iii) payment of principal of, premium, if any, and interest on the Notes in accordance with and  as such interests may appear with respect to such book entries.

                   

(f)      The execution and delivery of the Representation Letter to DTC by the Issuer, in the form presented at this

Meeting with such changes, omissions, insertions and revisions as the County Auditor shall deem advisable is hereby authorized and execution of the Representation Letter by the County Auditor shall be conclusive evidence of such approval. The Representation Letter shall set forth certain matters with respect to, among other things, notices, consents and approvals by Noteholders and payments on the Notes.

 

Section 9. Registration of Notes; Appointment of Registrar; Transfer; Ownership; Delivery; and Cancellation.

 

(a)     Registration. The ownership of Notes may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Notes, and in no other way.  Bankers Trust Company, N.A. is hereby appointed as Registrar under the terms of this Resolution and under the provisions of a separate agreement with the Issuer filed herewith which is made a part hereof by this reference. Registrar shall maintain the books of the Issuer for the registration of ownership of the Notes for the payment of principal of and interest on the Notes as provided in this Resolution. All Notes shall be negotiable as provided in Article 8 of the Uniform Commercial Code subject to the provisions for registration and transfer contained in the Notes and in this Resolution.

 

(b)     Transfer.  The ownership of any Note may be transferred only upon the Registration Books kept for the

registration and transfer Notes and only upon surrender thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees).  In the event that the address of the registered owner of a Note (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertaining to the registered owner required above.  Upon the transfer of any such Note, a new fully registered Note, of any denomination or denominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Note, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar.

                             

(c)     Registration of Transferred Notes.  In all cases of the transfer of the Notes, the Registrar shall register,

At the earliest practicable time, on the Registration Books, the Notes, in accordance with the provisions of this Resolution.

 

(d)     Ownership.  As to any Note, the person in whose name the ownership of the same shall be registered

On the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Notes and the Premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative.  All such payments shall be valid and effectual to satisfy and discharge the liability upon such Note, including the interest thereon, to the extent of the sum or sums so paid.

 

(e)     Cancellation.  All Notes which have been redeemed shall not be reissued but shall be cancelled by the

Registrar.  All Notes which are cancelled by the Registrar shall be destroyed and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Notes to the Issuer.

 

(f)      Non-Presentment of Notes.  In the event any payment check representing payment of principal of or

Interest on the Notes is returned to the Paying Agent or if any note is not presented for payment of  principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Notes shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Notes shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Notes who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Notes.  The Paying Agent’s obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due,  whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent, shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Notes of  whatever nature shall be made upon the Issuer.

 

(g)     Registration and Transfer Fees.  The Registrar may furnish to each owner, at the Issuer’s expense, one

Note for each annual maturity. The Registrar shall furnish additional Notes in lesser denominations (but not less than the minimum denomination) to an owner who so requests.

             

              Section 10.  Reissuance of Mutilated, Destroyed, Stolen or Lost Notes.   In case any outstanding Note shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Note of like tenor and amount as the Note so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Note to Registrar, upon surrender of such mutilated Note, or in lieu of and substitution for the Note destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Note has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith.

 

               Section 11.  Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Note, shall be made to the registered holder thereof or to their designated Agent as the same appear on the books of the Registrar on the 15^th day preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Notes to the extent of the payments so made. Payment of principal shall only be made upon surrender of the Note to the Paying Agent.

 

                Section 12.  Execution, Authentication and Delivery of the Notes.  The Chairperson and Auditor shall execute and deliver the Notes to the Registrar, who shall authenticate the Notes and deliver the same to or upon order of the Purchaser. No Note shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Note a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Note executed on behalf of the Issuer shall be conclusive evidence that the Note so authenticated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution.

 

              No Notes shall be authenticated and delivered by the Registrar, unless and until there shall have been provided the  following :

 

1.        A certified copy of the resolution of Issuer approving the execution of a Loan Agreement and a copy of the Loan

Agreement;

 

2.    A written order of Issuer signed by the County Treasurer directing the authentication and delivery of the Notes to or upon the order of the Purchaser upon payment of the purchase price as set forth therein;

 

3.    The approving opinion of Ahlers & Cooney, P.C.,  Bond Counsel, concerning the validity and legality of all the Notes proposed to be issued.

 

              Section 13.  Right to Name Substitute Paying Agent or Registrar.  Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered noteholder.

 

              Section 14. Form of Note. Notes shall be printed in substantial compliance with standards proposed by the American Standards Institute substantially in the form as follows:  (See original documents)

 

              Section 15. Contract Between Issuer and Purchaser.  This Resolution shall constitute a contract between the County and the purchaser of the Notes.

 

              Section 16.  Non-Arbitrage Covenants.  The Issuer reasonably expects and covenants that no use will be made of the proceeds from the issuance and sale of the Notes issued hereunder which will cause any of the Notes to be classified as arbitrage bonds within the meaning of Section 148(a) and (b) of the Internal Revenue Code of the United States, and that throughout the term of the Notes it will comply with the requirements of such statute and regulations issued thereunder.

 

              To the best knowledge and belief of the Issuer, there are no facts or circumstances that would materially change the foregoing statements or the conclusion that it is not expected that the proceeds of the Notes will be used in a manner that would cause the Notes to be arbitrage bonds. Without limiting the generality of the foregoing, the Issuer hereby agrees to comply with the provisions of the Tax Exemption Certificate and the provisions of the Tax Exemption Certificate are by incorporated by reference as part of this Resolution.  The Treasurer is hereby directed to make and insert all calculations and determinations necessary to complete the Tax Exemption Certificate in all respects and to execute and deliver the Tax Exemption Certificate at issuance of the Notes to certify as to the reasonable expectations and covenants of the Issuer at that date.

 

              Section 17. Severability Clause.  If any section, paragraph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effective immediately upon its passage and approval.  For purpose of this Section, “Beneficial Owner” means any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Notes (including persons holding Notes through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Notes for federal income tax purposes.

 

              Section 18.  Additional Covenants, Representations and Warranties of the Issuer.  The Issuer certifies and covenants with the purchasers and holders of the Notes from time to time outstanding that the Issuer through its officers, (a) will make such further specific covenants, representations and assurances as may be necessary or advisable; (b) comply with all representations, covenants and assurances contained in the Tax Exemption Certificate, which Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the owners of the Notes; (c) consult with bond counsel (as defined in the Tax Exemption Certificate); (d) pay to the United States, as necessary, such sums of money representing required rebates of excess arbitrage profits relating to the Notes; (e) file such forms, statements and supporting documents as may be required and in a timely manner; and (f) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, financial advisors, attorneys and other persons to assist the Issuer in such compliance.

                Section 19. Amendment of Resolution to Maintain Tax Exemption.  This Resolution may be amended without the consent of any owner of the Notes if, in the opinion of bond counsel, such amendment is necessary to maintain tax exemption with respect to the Notes under applicable Federal law or regulations.

 

                Section 20.  Qualified Tax-Exempt Obligations.  For the sole purpose of qualifying the Notes as “Qualified Tax Exempt Obligations” pursuant to the Internal Revenue Code of the United States, the Issuer designates the Notes as qualified tax-exempt obligations and represents that the reasonably anticipated amount of tax exempt governmental and Code Section 501 (c) 3 obligations which will be issued during the current calendar year will not exceed Ten (10) Million Dollars.

 

                Section 21. Repeal of Conflicting Resolutions or Ordinances. All ordinances and resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed.

 

                PASSED AND APPROVED this 11^th day of June, 2007

 

              s/Greg Nolting

              Chairperson

             

              ATTEST:

 

              s/Carol Messerly

              County Auditor

               

 Motion carried unanimously.

 

Moved by Condon, seconded by Dencklau to approve salary increases for Nicole Summers, Jailer to $11.65 per hour, effective June 11, 2007;  Tim Thoma, Jailer to $11.65 per hour, effective June 19,  2007; and Adam Schmit, Jailer to $11.65 per hour, effective June 19, 2007.  Motion carried unanimously.

 

Moved by Dencklau, seconded by Motl to receive and place on file resignation/retirement of Mary Condon, Sheriff Office Clerk , effective July 5, 2007 and Webster County Sheriff Lieutenant Ralph (Dana) Wilson, effective June 29, 2007.  Motion carried unanimously.

 

Moved by Motl, seconded by Lizer to approve employment of Lori Schmidt, Sheriff’s Office Civil Clerk, at the rate of $8.54 per hour, effective June 4, 2007.  Motion carried unanimously.

 

Moved by Lizer, seconded by Condon to receive and place on file resignation of Tracy Hawley, Clerk in Motor Vehicle Department, effective June 15, 2007.  Motion carried unanimously.

 

Moved by Condon, seconded by Dencklau to approve amended Job Description for Irene Blair, Community Services Administrator.  (Copy on file in Auditor’s office).  Motion carried unanimously.

 

Moved by Dencklau, seconded by Motl to approve and authorize Chair to sign the following MH/DD Provider Contracts:  North Central Iowa Mental Health Center, Mosaic, Inc., Exceptional Opportunities and Humboldt Workshop.  Motion carried unanimously.

 

Moved by Motl, seconded by Lizer to approve and authorize Chair to sign resolution that temporarily closes Hayes Avenue between 175^th and 185^th Streets in Sections 7, 8, 17 and 18 Douglas Township to allow Wright Tree Service to cut trees for MidAmerican Energy’s new overhead electric service line.  Motion carried unanimously.

 

Moved by Lizer, seconded by Condon to approve and authorize Chair to sign utility permit application from Prairie Energy to replace outdated overhead electric lines with new poles, conductors, and anchors along 190^th Street and Xavier Avenue in Sections 13, 14, 15, 22, and 23, Colfax Township.  (Copy on file in Engineer’s office).  Motion carried unanimously.

 

Moved by Condon, seconded by Dencklau to approve and authorize Chair to sign utility permit from MidAmerican Energy to install a new overhead single-phase electric line to new home at 2146 Hayes Avenue in Section 32, Douglas Township.  (Copy on file in Engineer’s office).  Motion carried unanimously.

 

Moved by Dencklau, seconded by Motl to allow claims.  Motion carried unanimously.

 

Moved by Motl, seconded by Lizer the meeting adjourned.  Motion carried unanimously.

Regular Meeting

June 19, 2007

 

The Board of Supervisor met in Session on the above date with the following members present: Condon, Dencklau, Lizer, Motl and Nolting.   Absent:  None.

 

Moved by Lizer, seconded by Condon to approve minutes of June 12, 2007, regular meeting.  Motion carried unanimously.

 

Moved by Condon, seconded by Dencklau to receive and place on file the following Drainage Repairs:  D.D.#65, Joint D.D.#9 Webster & #3 Humboldt Branch #1, and D.D.#339.  Motion carried unanimously.

 

Moved by Dencklau, seconded by Motl to approve employment of Steven Drew, Case Manager, at the rate of $15.00 per hour, effective June 18, 2007, per recommendation of Irene Blair, Community Services CPC, Administrator.  Motion carried unanimously.

 

Moved by Motl, seconded by Lizer to receive and place on file resignation of Carolyn Clark, Clerk in Auditor’s office, effective June 29, 2007.  Motion carried unanimously.

 

Moved by Lizer, seconded by Condon to approve Rob Everhard as Volunteer for Webster County Veteran Affairs Department.  Motion carried unanimously.

 

Moved by Condon, seconded by Dencklau to approve the following department appropriation changes for fiscal year 2006-2007:  Decrease Department #051 (General Services – Courthouse) $23,000; Increase Department 008 (Law Enforcement Center) $6,000; and Increase Department 055 (Social Service Building) $17,000.  Motion carried unanimously.

 

Moved by Dencklau, seconded by Motl to approve and place on file the following fiscal year 2007-2008 Salaries for County Employees, effective July 1, 2007:

 

Assessor Office

Jeanette Thanupakorn		$56,500.00
Kim Smith		$41,415.00
Angie Vinson		$44,220.00
Lori Owen		$36,810.00
Jeanette Utley		$35,232.00

 

County Attorneys Office

Ricki Osborn		$68,530.00
Sara Smith		$64,498.00
Jennifer Weaver		$52,405.00
Cori Jo Kuhn		$52,405.00
Christina Ralston		$30,576.00
Pamela Passow		$38,746.50
Sherri Frye		$16.61 per hour
Denise Osterberg		$16.56 per hour
Jolene Daniels		$16.56 per hour
Wendy Teske		$16.16 per hour

 

Auditors Office

Alan Wooters		$41,329.60
Kris Rial		$38,746.50
Tina Eldal		$38,746.50
Brenda Angstrom		16.41 per hour

 

Board of Health Office

Vicki Gill		$57,180.80			Jennifer Wuebker		$17.60	per hour
Jamie Saxton		$12.70	per hour		Kari Ruden		$18.75	per hour
Jeri Chase		$12.67	per hour		Dawn Gehlhausen		$19.65	per hour
Beth Crosby		$13.90	per hour		Kathy Stoneburner		$14.55	per hour
Karen Heun		$23.90	per hour		Carol Thorn		$14.30	per hour
Julie Howell		$20.55	per hour		June Weiss		$21.30	per hour
Kathy Josten		$21.70	per hour		Kittie Webster		$23.63	per hour
Joan Peterson		$20.25	per hour		Margaret Woodruff		$15.65	per hour
Tricia Nichols		$17.60	per hour
Gary Boerner		$19.65	per hour

 

Conservation

Matt Cosgrove		$43,030.00
Dave Scherff		$37,139.00
Pat Shehan		$34,664.00
Darren Herzog		$32,188.00
Karen Hansen		$36,149.00
Cindy Knickerbocker		10.37 per hour
Erin Meehan		$13.52 per hour
Cody Peterson		$28,350.00

 

CPC/Case Management Office

Administrative Staff					Peer Staff
Irene Blair		$65,272.68			Brian Schmidt		6.71 per hour
Ken Hays		$42,975.94			Brad Kuhn		$6.71 per hour
					Bruce Johnson		$6.71 per hour
Darci Deal		12.14 per hour			Marvin Leffingwell		$6.50 per hour
Case Manager Supervisor					Beulah Torgerson		$6.42 per hour
Joan Lara		$36,225.00			Robin Dorothy		$6.42 per hour
					Kim Shineflew		$6.142 per hour
Intake Coordinator					Mary Mehl		$6.20 per hour
Rachel Higgins		$17.07 per hour			David Stone		$6.20 per hour
					Scott Albrecht		$6.20 per hour
Case Managers
Carol Gillette		$18.29 per hour
Janet Gadbury		$18.13 per hour
Roseann Vinsand		$16.68 per hour
David Anderson		$15.89 per hour
Polly VanAlstine		$15.62 per hour
Sue Laufersweiler		$16.44 per hour

 

Engineer Office

Office Staff				Maintenance Staff
Pam Conkling		$15.59per hour		Mike Passow		$19.92 per hour
Jamie Johll		$66,000.00		Richard Vinson		$19.87 per hour
John Moeller		$18.88 per hour		Jerald Zabel		$19.92 per hour
Brian Henderson		$43,000.00

 

General Relief

Pam Hickey

$10.78 per hour

 

MIS/GIS Department

Andy McGill		$56,768.30
Allison Ripperger		$50,361.59
Karen Schoon		$39,170.12
Sheilah Schroder		$37,852.50

 

County Recorder

Shelly Hearn		$41,329.60
Julie Minikis		$38,746.50
Earline Jones		16.16 per hour		$16.41 per hour effective July 20, 2007
Colleen Nahnsen		11.76 per hour

 

Secondary Road

WILL, RANDALL J	$89,500.00			LAUER, ROBERT		$18.65	per hour
				LEE, DAVID A		$18.49	per hour
JOHLL, BRIAN J	$66,000.00			MICHALSKI, JOSEPH A		$17.65	per hour
				PASSOW, MICHAEL		$19.92	per hour
CONKLING, PAMELA J	$15.59	per hour		PETERS, DANIEL C		$18.51	per hour
MOELLER, JOHN D	$18.88	per hour		QUADE, LARRY O		$18.56	per hour
ANDERSON, DALE	$18.57	per hour		PRINGLE, MARTY R		$18.51	per hour
BECKER, JESSE J	$18.99	per hour		SHEKER, RANDY		$18.67	per hour
BRANDT, DALE	$18.71	per hour
BURNEY, CHRISTOPHER	$18.55	per hour		STANBERG, BOBBY J		$18.55	per hour
				TAYLOR, ROGER		$18.61	per hour
ESTERGAARD, SCOTT J	$18.40	per hour		VANDI, MICHAEL		$18.71	per hour
FISHER, RON L	$18.36	per hour		VINSON, RICHARD		$19.87	per hour
FRIEDRICH, GALEN G	$18.71	per hour		VANORNUM, DANNY R		$18.67	per hour
GALLENTINE, DONALD D	$18.71	per hour		WAFFUL, JOHN T		$18.56	per hour
GILLESPIE, GARY F	$18.53	per hour		WAREHIME, RODNEY S		$18.40	per hour
GREENFIELD, LAWRENCE	$18.56	per hour		WILL, STEVE R		$18.59	per hour
HAMMERSLAND, DANNY	$18.65	per hour		WINNINGER, ROBERT L		$18.56	per hour
HEUN, DUANE H	$18.40	per hour		WINNINGER, JOHN JOSE		$18.51	per hour
HOFBAUER, RANDY D	$18.40	per hour		WOOD, RANDY D		$18.59	per hour
HOFBAUER, DANIEL M	$18.59	per hour		ZABEL, JERALD A		$19.92	per hour
ILES DALE	$18.05	per hour		ZABEL, WAYNE		$18.56	per hour
JUNKMAN, RICK	$18.44	per hour		ZIMMERMANN, RICKY A		$18.56	per hour
JANTE, SIDNEY	$18.52	per hour		LICHT, SCOTT		$16.66	per hour

 

SHERIFF/DEPUTY				CIVIL CLERK
Brian Mickelson		$68,705.00		Joan Hamrick		$38,746.50
Jim O'Brien		$60,799.25		Katie Kalkwarf		$8.82 per hour
				Marcia Vote		$16.41 per hour
James Stubbs		$56,960.30		Lori Schmidt		$8.82 per hour
Kevin Kruse		$56,960.30
Jayson Heesch		$54,305.06		PROCESS SERVER
Mike Kenyon		$38,501.00		Ned Gibson		$7.50 per hr @ 35 hrs per week and $4.00 per paper served
Curt Ruby		$55,805.06		Mindy Anderson		$7.50 per hr @ 35 hrs per week and $4.00 per paper served
Michael Richardson		$52,785.99
Luke Fleener		$52,485.99
Rod Strait		$52,485.99
Jason Bahr		$52,185.99
Brett Knipple		$52,185.99
Michael Halligan		$50,085.99
Tony Walter		$43,147.86
Andy Suchan		$43,147.86
FULL-TIME				PART-TIME (per hour)
Steve Elifrits		$45,238.60		Patrick Buckingham		$12.26 per hour
Marcy Lara		$36,190.88		Michelle Lara		$12.26 per hour
Sam Hartman		$14.83		Joshua Egesdal		$12.00 per hour
Christy Nelson		$14.83		Melissa Nelson		11.19 per hour
Michael Stenzel		$13.80		Dustin Friesth		$11.19 per hour
Kari Crooks		$13.55		Thomas Steck		$10.30 per hour
John Reedy		$13.03		Tim Thoma		$12.00 per hour
Angie Morgan		$12.26		Nicole Summers		$12.00 per hour
April Murray		$12.77
Renee Ryan		$12.26
Douglas Darrah		$12.00
Laura Mongomery		$12.26
James Skelly		$12.00
Adam Schidt		$12.00

 

Tax Department
Judy Davis		$41,329.60
Diana Condon		$38,746.50
Kim Andrews		$16.56 per hour
Deanne Olson		$15.67 per hour
Motor Vehicle Department
Jan Messerly		$41,329.60
Kathleen Hay		$38,746.50
Caroline Steinberg		$16.56 per hour
Nancy Herzberg		$16.56 per hour
Lynette Peterson		$16.41 per hour

 

EMERGENCY MANAGEMENT AGENCY
Tony Jorgensen		$38,196.18
CHILD SUPPORT RECOVERY UNIT
Vickie Claude		$1,850.23
Peggy Gimer		$1,770.55
LaVonne Pringle		$1,416.69
Kristina Jones		$946.76
Angela Harrison		$1,834.30
Tami Heun		$1,500.50
Nannette Blomberg		$1,500.50
Dianne Kahl		$905.58

 

Moved by Motl, seconded by Lizer to approve and authorize Chair to sign letter of request for an extension of CDBG Contract 06-CF-030.  (Copy on file in Auditor’s office).  Motion carried unanimously.

 

Moved by Lizer, seconded by Condon to approve Cigarette and Tobacco Permit for This ‘N’ That Country Store, effective July 1, 2007.  (Copy on file in Auditor’s office).  Motion carried unanimously.

 

Moved by Condon, seconded by Dencklau to approve and authorize Chair to sign Five-day Beer Permit Application for Shellabration, Inc., effective June 28, 2007 through July 3, 2007.  (Copy on file in Auditor’s office).  Motion carried unanimously.

 

Moved by Dencklau, seconded by Motl to approve bond of McGough Construction Company, Inc. for septic/well installation.  (Copy on file in Auditor’s office).  Motion carried unanimously.

 

Moved by Motl, seconded by Lizer to receive and place on file Manure Management Plan for KR Farms (AJ Blair) in Section 2, Dayton Township. (Copy on file in Auditor’s office).  Motion carried unanimously.

 

Moved by Lizer, seconded by Condon to approve and authorize Chair to sign MH/DD Provider Contract with Northwoods Living.  (Copy on file in CPC’s office).  Motion carried unanimously.

 

Moved by Condon, seconded by Dencklau to approve request for authorization to utilize County Roads by Central Iowa Endro Riders, for an event August 19, 2007.

 

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

 

RESOLUTION FOR TEMPORARY ROAD CLOSURE OF ROUTE P73 SOUTH OF LEHIGH AND DESIGNATING A DETOUR ROUTE

 

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, Bridge Replacement Project BROS-CO94(68)-5F-94 requires a portion of Route P73 (a.k.a. Samson Avenue) near the south city limits of Lehigh be closed to through traffic and a detour route be established.

 

NOW, THEREFORE, BE IT RESOLVED by the Webster County Board of Supervisors that Route P73 (a.k.a. Samson Avenue) be closed between 310^th Street and intersection of Main and Mill Street in Lehigh and the following roads be designated as a detour route:

 

From the junction of Route P73 (a.k.a. Samson Avenue) and 310^th Street; thence south approximately two miles on Route P73 (a.k.a. Samson Avenue) to the junction of Route D54 (a.k.a. 330^th Street); thence west and south approximately four miles on Route P73 to the junction of 360^th Street on the north side of Dayton; thence west approximately two miles on Iowa Highway 175 to the junction of Route P61 (a.k.a. Paragon Avenue); thence north approximately seven miles on Route P61 to the junction of Route D43 (a.k.a. 290^th Street); thence east on Route D43 approximately 3 miles to where Route D43 ends and Route P73 begins at the intersection of Main and Mill Streets in Lehigh.

 

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., June 14, 2007 and shall continue for the duration of said construction project as determined by the Webster County Engineer.

 

PASSED AND APPROVED this 19^th of June, 2007

 

Webster County Board of Supervisors

 

s/Greg Nolting

Chairman

 

ATTEST:

 

s/Carol Messerly

Webster County Auditor

 

Motion carried unanimously.

 

At 11:00 a.m., the Canvass for the Iowa Central Community College Special Election was conducted.  Moved by Lizer, seconded by Condon to approve the following as the official canvass of the Iowa Central Community College Special Election held on June 12, 2007:  Public Measure A:  Yes – 7,020 and No – 3,841;  Public Measure declared  adopted.  Motion carried unanimously.

 

Moved by Condon, seconded by Dencklau the meeting adjourn.  Motion carried unanimously.

Regular Meeting

June 26, 2007

 

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

 

Moved by Condon, seconded by Motl to approve minutes of June 19, 2007, regular meeting.  Motion carried unanimously.

 

Moved by Motl, seconded by Condon to receive and place on file Drainage Repairs in D.D.#65.  Motion carried unanimously.

 

Moved by Condon, seconded by Motl to receive and place on file resignation of Jack C. Weiderholt, Webster County Veteran Affairs Director, effective June 29, 2007.  Motion carried unanimously.

 

Moved by Motl, seconded by Condon to approve Job Description for General Assistant, per recommendation of Irene Blair, Community Services Administrator.  (Copy on file in Auditor’s office).  Motion carried unanimously.

 

Moved by Condon, seconded by Motl to approve employment status change for Katie Kalkwarf from full time to part time, effective June 11, 2007.  Motion carried unanimously.

 

Moved by Motl, seconded by Condon to approve employment of Carolyn Clark, Motor Vehicle Clerk, at the rate of $10.78 per hour, effective July 1, 2007.  Motion carried unanimously.

 

Moved by Condon, seconded by Motl to approve bond of Al Price Trucking for sewer installation.  Motion carried unanimously.

 

Moved by Motl, seconded by Condon to approve Cigarette and Tobacco Permit for Back to Basics Country Store, effective July 1, 2007.  Motion carried unanimously.

 

Moved by Condon, seconded by Motl to approve the following Fiscal Year 2006-2007 Department Appropriation changes:  Department #019 – increase $250;  Department #099 – decrease $250; Department #051 – decrease $3,450; Department #008 – increase $200; Department #055 – increase $3,250; Department 025 – decrease $5,950; and Department # 029 increase $5,950.  Motion carried unanimously.

 

Moved by Motl, seconded by Condon to approve and authorize transfer from Rural Basic Fund to Secondary Road Fund, per Fiscal Year 2006-2007 Budget in the amount of $757,347.   Motion carried unanimously.

 

Moved by Condon, seconded by Motl to approve and authorize transfer from General Basic Fund to General Supplemental Fund due to Child Support Recovery Unit reimbursement of employee benefits, in the amount of $94,805.61.  Motion carried unanimously.

 

Moved by Motl, seconded by Condon to approve Department Appropriations for fiscal year beginning July 1, 2007.

 

Board of Supervisors	229,112
Auditor	507,367
Treasurer	620,256
Attorney	739,322
Sheriff	2,935,238
Recorder	298,398
Law Enforcement Center	356,726
Fair & 4-H	44,100
Drainage Officer	8,000
County Engineer	9,000,000
Veterans Affairs	54,496
Conservation Board	901,143
Health Board	1,852,127
Social Services	336,458
Medical Examiner	85,000
Homemakers	110,000
District Court	472,500
County Libraries	179,077
Child Support Recovery	475,729
Planning & Zoning	78,695
General Services	262,361
MIS	379,806
GIS	26,902
Other County Buildings	59,067
330 1st Ave N - SS Building	137,894
MH/DD Administration	4,642,479
Risk Management	7,000
Nondepartmental	1,618,034
TOTALS	26,417,287

 

 

Motion carried unanimously.

 

Moved by Condon, seconded by Motl to adopt Resolution the following resolution:

 

                WHEREAS, pursuant to Iowa Code Chapter 423E, authority is extended to school districts and counties to hold elections to authorize a change in use of revenues from local sales and services taxes for school infrastructure projects; and

 

                WHEREAS, at an election on February 17, 2004 the voters of Calhoun County approved the imposition of a local sales and services tax for school infrastructure purposes; and

 

                WHEREAS, at an election on February 17, 2004 the voters of Pocahontas County approved the imposition of a local sales and services tax for school infrastructure purposes; and

 

                WHEREAS, at an election on March 16, 1999 the voters of Webster County approved the imposition of a local sales and services tax for school infrastructure purposes; and

 

                WHEREAS, an election on the change in use of revenues from the local sales and services tax for school infrastructure may be initiated and proposed by motion of the board of supervisors; and

 

                WHEREAS, this Board of Supervisors has been notified of the adoption of a Motion proposing such an election by the Board of Directors of Manson Northwest Webster Community School District.

 

                NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Webster County, Iowa:

 

                Section 1.  The Commissioner of Elections of Webster County, Iowa, is requested to cause to be submitted to the voters of the Manson Northwest Webster Community School District the question of a change in use of the revenue from the Calhoun, Pocahontas, and Webster Counties local sales and services tax for school infrastructure purposes.

 

                Section 2.  Moneys received from the local sales and services tax, shall be spent for school infrastructure, as set forth in the ballot proposition set forth in Section 3 of this Resolution, and the Commissioner of Elections of Webster County is requested to so provide in the ballot measure, in the manner required by law and the regulations of the State Commissioner of Elections.

 

                Section 3.  The form of ballot is approved by this Board of Supervisors as follows:

 

SAMPLE BALLOT

 

                SHALL THE FOLLOWING PUBLIC MEASURE BE ADOPTED:                Yes               

                                                                                                                                                No                

 

Summary:  To authorize a change in the use of the local option sales and services tax for school infrastructure for Manson Northwest Webster Community School District.

 

In the Manson Northwest Webster Community School District, the use of the local option sales and services tax for school infrastructure shall be changed.

 

PROPOSED USES OF THE TAX:

 

If the change is approved, revenues from the sales and services tax shall be allocated as follows:

 

The money received from the tax shall be spent for school infrastructure, including purchasing, building, furnishing, reconstructing, repairing, demolishing, improving, expanding, or remodeling of a schoolhouse or schoolhouses and additions thereto, gymnasium, athletic facilities, field house, or school bus garage, purchasing and improving grounds, opening roads to schoolhouses or buildings, the purchase, lease or lease-purchase of buildings or equipment (including transportation and recreation equipment) as authorized by law, procuring or acquiring libraries, expenditures for energy conservation measures, the rental of facilities under Chapter 28E, for public educational and recreational activities, the payment or retirement of bonds or other evidence of indebtedness issued for school infrastructure purposes or the payment or retirement of bonds issued under Iowa Code Section 423E.5, for debt reduction or property tax relief, or for any one or more of such purposes, or for any purpose or purposes now or hereafter authorized by law.

 

CURRENT USES OF THE TAX:

 

Revenues from the tax are currently allocated as follows:

                                                                                               

CALHOUN COUNTY

 

A local sales and services tax for school infrastructure projects shall be imposed in the County of Calhoun at the rate of one percent.  The tax will begin on July 1, 2004.  The tax will be in effect for a period of ten years until June 30, 2014.  The money received from the tax shall be spent for school infrastructure and needs of school districts in Calhoun County, including construction, reconstruction, repair, demolition work, purchasing or remodeling of schoolhouses, stadiums, gyms, field houses, and bus garages and the procurement of schoolhouse construction sites, the making of site improvements, and those activities for which revenues under the Iowa Code sections 298.3 or 300.2 may be spent.  Additionally, “school infrastructure” includes the payment or retirement of outstanding bonds previously issued for school infrastructure purposes, and the payment or retirement of new bonds issued for school infrastructure purposes issued under Iowa Code Section 422E.4 (2003 Code of Iowa).

 

POCAHONTAS COUNTY

 

A local sales and services tax for school infrastructure projects shall be imposed in the County of Pocahontas at the rate of one percent.  The tax will begin on July 1, 2004.  The tax will be in effect for a period of ten years until June 30, 2014.  The money received from the tax shall be spent for school infrastructure and needs of school districts in Greene County, including construction, reconstruction, repair, demolition work, purchasing or remodeling of schoolhouses, stadiums, gyms, field houses, and bus garages and the procurement of schoolhouse construction sites, the making of site improvements as authorized now or hereafter by the Code of Iowa, and those equipment, transportation equipment, and public recreation and other activities for which revenues under Iowa Code sections 298.3 or 300.2 may be spent as authorized now or hereafter by the Code of Iowa.  Additionally, “school infrastructure” includes the payment or retirement of outstanding bonds previously issued for school infrastructure purposes, and the payment or retirement of new bonds issued for school infrastructure purposes issued under Iowa Code Section 422E.4 (2003 Code of Iowa).

 

WEBSTER COUNTY

 

A local sales and services tax for school infrastructure projects shall be imposed in the County of Webster at the rate of one-half of one percent (½%).  The tax will begin on July 1, 1999.  The tax will be in effect for a period of ten years until June 30, 2009.  The money received from the tax is spent as follows: For school infrastructure as defined by Iowa Code Section 422E.1.  “School infrastructure” is defined by law to include purchasing, building, furnishing, reconstructing, repairing, improving, or remodeling a schoolhouse or schoolhouses or additions thereto, gymnasiums, stadiums fieldhouses or school bus garages, procuring a site or sites therefor and the making of site improvements, purchasing land to add to a site already owned, procuring and improving a site for an athletic field, improving a site already owned for an athletic field, the payment or retirement of outstanding bonds previously issued for school infrastructure purposes, the payment or retirement of bonds issued under Iowa Code Section 422E.4, or any one or more of such purposes.

 

                Section 4.  This motion representing the action of the Manson Northwest Webster Community School District is directed to be submitted to the County Commissioner of Elections for action as required by law.

 

                Section 5.  Subject to the compliance with all necessary requirements of law, it is requested that the special election be held on September 11, 2007.

 

                PASSED AND APPROVED, this 26th day of                  June        , 2007.

 

 

s/Greg Nolting

Chairperson

                                                                                                                                                                                               

ATTEST:

 

 

s/Carol Messerly

Auditor

 

 

Motion carried unanimously.

 

Moved by Motl, seconded by Condon to adopt the following Resolution:             

 

                WHEREAS, pursuant to Iowa Code Chapter 423E, authority is extended to school districts and counties to hold elections to authorize a change in use of revenues from local sales and services taxes for school infrastructure projects; and

 

                WHEREAS, at an election on February 17, 2004 the voters of Calhoun County approved the imposition of a local sales and services tax for school infrastructure purposes; and

 

                WHEREAS, at an election on February 10, 2004 the voters of Greene County approved the imposition of a local sales and services tax for school infrastructure purposes; and

 

                WHEREAS, at an election on March 16, 1999 the voters of Webster County approved the imposition of a local sales and services tax for school infrastructure purposes; and

 

                WHEREAS, an election on the change in use of revenues from the local sales and services tax for school infrastructure may be initiated and proposed by motion of the board of supervisors; and

 

                WHEREAS, this Board of Supervisors has been notified of the adoption of a Motion proposing such an election by the Board of Directors of Prairie Valley Community School District.

 

                NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Webster County, Iowa:

 

                Section 1.  The Commissioner of Elections of Webster County, Iowa, is requested to cause to be submitted to the voters of the Prairie Valley Community School District the question of a change in use of the revenue from the Calhoun, Greene, and Webster Counties local sales and services tax for school infrastructure purposes.

 

                Section 2.  Moneys received from the local sales and services tax, shall be spent for school infrastructure, as set forth in the ballot proposition set forth in Section 3 of this Resolution, and the Commissioner of Elections of Webster County is requested to so provide in the ballot measure, in the manner required by law and the regulations of the State Commissioner of Elections.

 

                Section 3.  The form of ballot is approved by this Board of Supervisors as follows:

 

SAMPLE BALLOT

 

                SHALL THE FOLLOWING PUBLIC MEASURE BE ADOPTED:                Yes               

                                                                                                                                                No                

 

Summary:  To authorize a change in the use of the local option sales and services tax for school infrastructure for Prairie Valley Community School District.

 

In the Prairie Valley Community School District, the use of the local option sales and services tax for school infrastructure shall be changed.

 

PROPOSED USES OF THE TAX:

 

If the change is approved, revenues from the sales and services tax shall be allocated as follows:

 

The money received from the tax shall be spent for school infrastructure, including purchasing, building, furnishing, reconstructing, repairing, demolishing, improving, expanding, or remodeling of a schoolhouse or schoolhouses and additions thereto, gymnasium, athletic facilities, field house, or school bus garage, purchasing and improving grounds, opening roads to schoolhouses or buildings, the purchase, lease or lease-purchase of buildings or equipment (including transportation and recreation equipment) as authorized by law, procuring or acquiring libraries, expenditures for energy conservation measures, the rental of facilities under Chapter 28E, for public educational and recreational activities, the payment or retirement of bonds or other evidence of indebtedness issued for school infrastructure purposes or the payment or retirement of bonds issued under Iowa Code Section 423E.5, for debt reduction or property tax relief, or for any one or more of such purposes, or for any purpose or purposes now or hereafter authorized by law.

 

CURRENT USES OF THE TAX:

 

Revenues from the tax are currently allocated as follows:

                                                                                               

CALHOUN COUNTY

 

A local sales and services tax for school infrastructure projects shall be imposed in the County of Calhoun at the rate of one percent.  The tax will begin on July 1, 2004.  The tax will be in effect for a period of ten years until June 30, 2014.  The money received from the tax shall be spent for school infrastructure and needs of school districts in Calhoun County, including construction, reconstruction, repair, demolition work, purchasing or remodeling of schoolhouses, stadiums, gyms, field houses, and bus garages and the procurement of schoolhouse construction sites, the making of site improvements, and those activities for which revenues under the Iowa Code sections 298.3 or 300.2 may be spent.  Additionally, “school infrastructure” includes the payment or retirement of outstanding bonds previously issued for school infrastructure purposes, and the payment or retirement of new bonds issued for school infrastructure purposes issued under Iowa Code Section 422E.4 (2003 Code of Iowa).

 

GREENE COUNTY

 

A local sales and services tax for school infrastructure projects shall be imposed in the County of Greene at the rate of one percent.  The tax will begin on July 1, 2004.  The tax will be in effect for a period of ten years until June 30, 2014.  The money received from the tax shall be spent for school infrastructure and needs of school districts in Greene County, including construction, reconstruction, repair, demolition work, purchasing or remodeling of schoolhouses, stadiums, gyms, field houses, and bus garages and the procurement of schoolhouse construction sites, the making of site improvements as authorized now or hereafter by the Code of Iowa, and those equipment, transportation equipment, and public recreation and other activities for which revenues under Iowa Code sections 298.3 or 300.2 may be spent as authorized now or hereafter by the Code of Iowa.  Additionally, “school infrastructure” includes the payment or retirement of outstanding bonds previously issued for school infrastructure purposes, and the payment or retirement of new bonds issued for school infrastructure purposes issued under Iowa Code Section 422E.4 (2003 Code of Iowa).

 

WEBSTER COUNTY

 

A local sales and services tax for school infrastructure projects shall be imposed in the County of Webster at the rate of one-half of one percent (½%).  The tax will begin on July 1, 1999.  The tax will be in effect for a period of ten years until June 30, 2009.  The money received from the tax is spent as follows: For school infrastructure as defined by Iowa Code Section 422E.1.  “School infrastructure” is defined by law to include purchasing, building, furnishing, reconstructing, repairing, improving, or remodeling a schoolhouse or schoolhouses or additions thereto, gymnasiums, stadiums fieldhouses or school bus garages, procuring a site or sites therefor and the making of site improvements, purchasing land to add to a site already owned, procuring and improving a site for an athletic field, improving a site already owned for an athletic field, the payment or retirement of outstanding bonds previously issued for school infrastructure purposes, the payment or retirement of bonds issued under Iowa Code Section 422E.4, or any one or more of such purposes.

 

                Section 4.  This motion representing the action of the Prairie Valley Community School District is directed to be submitted to the County Commissioner of Elections for action as required by law.

 

                Section 5.  Subject to the compliance with all necessary requirements of law, it is requested that the special election be held on September 11, 2007.

 

                PASSED AND APPROVED, this 26th day of                  June        , 2007.

 

s/Greg Nolting

Chairperson

                                                                                                                                                                                               

ATTEST:

 

 

s/Carol Messerly

Auditor

                                                                                                 

Motion carried unanimously.

 

Moved by Condon, seconded by Motl to approve appointment of the following to the Webster County MH/DD Planning Committee Members:  Brian Schmidt, Beth Stuhr, Richard Scisco, Janet McBride, Diana Johnson, Jim Burr, Martha Miller, Linda Smith, Rhonda Utley, Teresa Naughton, Kim Motl, Deb Delp, Joyce Hay and Blake Parker.  Motion carried unanimously.

 

Moved by Motl, seconded by Condon to approve and authorize Chair to sign the following MH/DD Provider Contracts:  Seasons Center, Mary Greeley Medical Center, and Story County Community Life.  (Copies on file in CPC’s office). Motion carried unanimously.

 

A Public Hearing was held on final consideration to adopt Webster County Ordinance No. 042:  Code of Ordinances, an ordinance readopting the existing County Code and repealing certain portions therein.  No written or oral comments were heard.  Moved by Motl, seconded by Condon to approve final consideration and  adopt Webster County Ordinance No. 042:  Code of Ordinances, an ordinance readopting the existing County Code and repealing certain portions therein.  Roll call vote:  Ayes:  Nolting, Condon and Motl.  Nays: None.  Motion carried.

 

Moved by Condon, seconded by Motl to approve and authorize Chair to sign resolution that temporarily closes 160^th Street between Route P56 (a.k.a. Nelson Avenue) and Oates Avenue on Friday afternoon and evening, June 29^th for Shellabration concert at Harlan Rogers Sports Complex.  Motion carried unanimously.

 

Moved by Motl, seconded by Condon to approve and authorize Chair to sign resolution that temporarily closes Route C56 (a.k.a. First Street) between Marshall Street and Brewster Street in Vincent on Friday evening, June 29^th for street dance.  Motion carried unanimously.

 

Moved by Condon, seconded by Motl to receive and place on file 18-month wage adjustment for Dale Iles, Welder/Fabricator,to $18.99 per hour effective July 16, 2007 per labor agreement.  Motion carried unanimously.

 

Moved by Motl, seconded by Condon to approve and authorize Chair to sign Development Agreement with Tate & Lyle Ingredients Americas, Inc.  (Copy on file in Auditor’s office).  Motion carried unanimously.

 

Moved by Condon, seconded by Motl to approve and authorize Chair to sign utility permit application from Prairie Energy to replace single-phase overhead electric line with new multiphase distribution overhead electric line along the south side of 210^th Street in Section 35, Colfax Township. (Copy on file in Engineer’s office).  Motion carried unanimously.

 

Moved by Motl, seconded by Condon to approve and authorize Chair to sign utility permit application from Prairie Energy to replace existing overhead electric line with new overhead electric line along the north side of 190^th Street in Sections 15 & 16, Colfax Township and along the east side of Union Street in Section 21, Colfax Township.  (Copy on file in Engineer’s office).  Motion carried unanimously.

 

Public Bids for project RC-CO(65)9A-94, grading and paving of new road beginning 0.4 mile west of Hayes Avenue and continuing 0.5 mile south from Iowa Highway 7 in Section 19, Douglas Township were received as follows: 

           

            Fort Dodge Asphalt Company                              $710,852.94

            Knife River Midwest, LLC                                     $895,573.25

 

Moved by Condon, seconded by Motl to accept low bid submitted by Fort Dodge Asphalt in the amount of $710,852.95; and authorize Chair to sign contract documents at the appropriate time, all subject to Engineer Randy Will’s review.  Motion carried unanimously.

 

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

 

Moved by Condon, seconded by Motl the meeting adjourn.  Motion carried unanimously.

Special Meeting

June 28, 2007

 

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

 

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

 

Whereas, Webster County has previously approved the purchase of real property located in Ft. Dodge, Iowa, from First States Investors 69, LLC; and

 

Whereas, the planned closing date was June 28, 2007, and

 

Whereas, certain issues relating to title and closing documents have delayed the closing; and

 

Whereas, the county wishes to expedite closing when those issues are resolved and the closing can occur.

 

Now, therefore, it is resolved that the county shall transfer the expected purchase price and other estimated costs related to closing ($405,000.00) to the trust account of Ahlers & Cooney, P.C., the attorneys acting on behalf of the county in this transaction, to be held in trust until closing, at which time Ahlers & Cooney, P.C. shall make proper distribution upon approval of the county auditor.  Ayes:  Nolting, Lizer and Condon.  Nays: None.  Dencklau abstained to void any conflict of interest.  Motion carried.

 

Moved by Condon, seconded by Lizer to approve and authorize transfer from General Basic Fund to Capital Projects Fund in the amount of $132,000 (balance of private use portion of bank building).  Motion carried unanimously.

 

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

 

Moved and seconded the meeting adjourned.