December

The Board of Supervisors met in Session on the above date with the following members present: Condon, Dencklau, Motl, Singer and Peterson.   Absent:  None.

Moved by Motl, seconded by Singer to approve minutes of the November 30, 2010 regular meeting.  Motion carried unanimously.

Moved by Singer, seconded by Peterson to receive and place on file the following Drainage Repairs:  D.D.#26 and D.D.#279.  Motion carried unanimously.

Moved by Peterson, seconded by Condon to approve salary increase for Cathy Casey, Case Manager to $20.61 per hour, effective November 26, 2010, per Community Services salary schedule.  Motion carried unanimously.

Moved by Condon, seconded by Motl to receive and place on file Manure Management Update plans for Dallas Thomas in Section 11, Cedar Township Calhoun County; RTG Carlson in Section 26, Gowrie Township; Bob and Travis Hicks in Section 31, Gowrie Township; and Envirotech Powerwashing and Ag. Services, LLC. 8 and 9 in Section 32, Yell Township.  (Copies on file in Auditor’s office).  Motion carried unanimously.

Moved by Motl, seconded by Singer to receive and place on file Webster County Civil Service Commission certification of persons who passed the entrance examination tests for deputy sheriff in Webster County, Iowa; said test being given on November 23, 2010 and December 2, 2010. (Copy on file in Auditor’s office). Motion carried unanimously.

Moved by Singer, seconded by Peterson to adopt the following Resolution:

Notice and Call of Public Meeting

         
PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for the meeting is as follows:

$7,500,000 General Obligation Local Option Sales and Services Tax Bonds, Series 2010.

        Such additional matters as are set forth on the additional 1 page(s) attached hereto.

        The notice is given at the direction of the Chairperson pursuant to Chapter 21, Code of Iowa, and the local rules of the governmental body.

S/ Carol Messerly
County Auditor, Webster County, State of Iowa

        The Board of Supervisors of Webster County, State of Iowa, met in regular session in the Board Room, County Courthouse, 701 Central Avenue, Fort Dodge, Iowa, at 10:00 A.M. on the above date. There were present Chairperson Dencklau, in the chair, and the following named board Members:

Motl, Singer, Peterson, and Condon
Absent: None

        Board Member Singer introduced the following Resolution entitled “RESOLUTION APPROVING THE PRELIMINATY OFFICIAL STATEMENT FOR $7,500,000.00 GENERAL OBLIGATION LOCAL OPTION SALES AND SERVICES TAX BOND, SERIES 2010” and moved its option. Board Member Peterson seconded the Resolution to adopt. The roll was called and the vote was,

Ayes; Dencklau, Motl, Singer, Peterson and Condon
Nays; None

Whereupon, the Chairperson declared to resolution duly adopted as follows:

RESOLUTION APRROVING THE PRELIMINARY OFFICIAL STATEMENT FOR $7,500,000 GENERAL OBLIGATION LOCAL OPTION SALES AND SERVICES TAX BOND, SERIES 2010

        WHEREAS, a preliminary form of Official Statement has been prepared for the purpose of offering $7,500,000 General Obligation Local Option Sales and Services Tax bonds, Series 2010; and

        WHEREAS, it is appropriate that the form of the Preliminary Official Statement be approved and deemed final and, upon completion of the same, that the Preliminary Official Statement be used in connection with the offering of the Bonds for Sale;

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

        Section 1. The Preliminary Official Statement, in the form presented to this meeting, be and the same is hereby approved as to form and deemed final for purposed of Rule 15c2-12 of the Securities and Exchange Commission, subject to such revisions, corrections or modifications as the County Auditor, upon the advice of the County’s Financial Consultant, shall determine to be appropriate, and is authorized to be distributed thereafter in connection with the offering of the Bonds for sale.

PASSED AND APPROVED this 7th day of December, 2010.

  s/bKeith Dencklau
 Chairperson

ATTEST:
s/b Carol Messerly
County Auditor

Bond Purchase Agreement

            This Agreement is entered into between Webster County, Iowa (the “Issuer”) and Ruan Securities, A Division of D.A. Davidson & Co., Des Moines, Iowa (the “Underwriter”) as of the 7th day of December, 2010.

            WHEREAS, pursuant to the provisions of Chapter 331 the General Obligation Local Option Sales and Service Tax Bonds are being issued by the Issuer pursuant to and in strict compliance with the provisions of Chapter 331 of the Code of Iowa, and all other laws amendatory thereof and supplemental thereto, and in conformity with a resolution of the County Board of Supervisors (the “Board”) authorizing and providing for the issuance and securing the payment of the Series 2010 Bonds (the “Bond Resolution”. The Bonds are being used for the purpose of paying the coast to remodel, improve, extend and equip County law Enforcement Center. The Bonds shall constitute general obligations of the County: and

            WHEREAS, it has been proposed that the Usurer enter into the Bond Purchase Agreement with and issue the Bonds to the Underwriter upon the terms and conditions set forth as Exhibit 1 to this Agreement, and this Agreement has been prepared to set forth the mutual understanding and intent of the Issuer and the Underwriter with respect to the Bond Purchas Agreement and the issuance of the Bonds;

            NOW, THEREFORE, in consideration of the mutual obligations contained in this Agreement, the parties hereto agree as follows:

1. The Issuer agrees to enter into the Bond Purchase Agreement with the Underwriter in accordance with the terms and conditions set forth as Exhibit 1 hereto.
2. The Underwriter agrees to enter into the Bond Purchase Agreement and to purchase the Bonds from the Issuer in accordance with the terms and conditions set forth as Exhibit 1 hereto.
3. This Agreement may not be amended or assigned by either party without the prior written consent of the other party.
4. This Agreement shall be deemed to be a contract made under the laws of the State of Iowa and for all purposes shall be governed by and constructed in accordance with laws of the State of Iowa.

            The Issuer and the Underwriter have caused this Agreement to be signed, in their names, and on their behalf by their duly authorized officers, all as of the day and date written above.

Webster County, Iowa
By Keith Dencklau
Board Chairman

Attest:
s/ Carol Messerly
County Auditor

Ruan Securities
A Division of D.A. Davidson & Co., Des Moines, Iowa
By s/Scott Sevenson 
Scott Stevenson
Senior Vice President-Public Finance

SOURCES AND USES OF FUNDS
Webster County, Iowa
General Obligation Local Option Sales and Services Tax Bonds, Series 2010
A+ Rated by S&P
Call Feature: June 1, 2019 @ Par
FINAL
Dated Date 12/30/2010
Delivery Date 12/30/2010

BOND PRICING
Webster County, Iowa
General Obligation Local Option Sales and Services Tax Bonds, Series 2010
A+ Rated by S&P
Call Feature: June 1, 2019 @ Par
FINAL

BOND SUMMARY STATISTICS
Webster County, Iowa
General Obligation Local Option Sales and Services Tax Bonds, Series 2010
A+ Rated by S&P
Call Feature: June 1, 2019 @ Par

FINAL

BOND DEBT SERVICE
Webster County, Iowa
General Obligation Local Option Sales and Services Tax Bonds, Series 2010
A+ Rated by S&P
Call Feature: June 1, 2019 @ Par
FINAL
Dated Date 12/30/2010
Delivery Date 12/30/2010

FORM 8038 STATISTICS
Webster County, Iowa
General Obligation Local Option Sales and Services Tax Bonds, Series 2010
A+ Rated by S&P
Call Feature: June 1, 2019 @ Par
FINAL
Dated Date 12/30/2010
Delivery Date 12/30/2010

PROOF OF ARBITRAGE YIELD
Webster County, Iowa
General Obligation Local Option Sales and Services Tax Bonds, Series 2010
A+ Rated by S&P
Call Feature: June 1, 2019 @ Par
FINAL

Proceeds Summary

Motion carried unanimously.

Moved by Motl, seconded by Singer to amend Section 8 of the Webster County Farm Lease for 2011 Crop Year with Iowa Central Community College, setting the cash rent at $225.00 per acre instead of the proposed $190.00 per acre;  further to approve and authorize Chair to sign amended lease.  Motion carried unanimously.

Moved by Condon, seconded by Motl to receive and place on file Planning and Zoning Commission’s report recommending approval to rezone a property owned by Michael Grell from M-E to TA-1 (A-2); said property described as the Northeast Quarter of the Southeast Quarter of Section 32, Township 89 North, Range 28 West of the 5th P.M., Webster County, Iowa.  Motion carried unanimously.

Moved by Motl, seconded by Singer to set December 21, 2010 at 10:00a.m. as the time and date for public hearing on first consideration to amend Zoning Ordinance 046 to rezone a property owned by Michael Grell from M-E to TA-1 (A-2); said property described as the Northeast Quarter of the Southeast Quarter of Section 32, Township 89 North, Range 28 West of the 5th P.M., Webster County, Iowa; and further to amend the County Land Use Management Plan and Zoning Map.  Motion carried unanimously.

Moved by Singer, seconded by Peterson to approve and authorize Chair to sign utility permit application from Interstate Light & Power Company (Alliant Energy) to rebuild overhead power lines along 400th Street in Section 33, Township 86 North, Range 27 West.  (Copy on file in Engineer’s office).  Motion carried unanimously.

Moved by Peterson, seconded by Condon to approve and authorize Chair to sign permit application from Ted Fiala to construct 12 inch drainage tile across 250th Street between Sections 17 and 20, Township 88 North, Range 29 West, Elkhorn Township.  (Copy on file in Engineer’s office).  Motion carried unanimously.

Moved by Condon, seconded by Motl to receive and place on file sign road crossings for manure application from Steve Grettenberg across 350th Street between Section 5 and 8 and between Sections 5 and 6 both in Township 86 North, Range 28 West, Dayton Township.  Motion carried unanimously.

Moved by Motl, seconded by Singer to approve and authorize Chair to sign permit application from Northern Natural Gas Company to inspect and repair damage to natural gas pipeline facilities along 290th Street in Section 7, Township 87 North, Range 27 West, Webster Township.  (Copy on file in Engineer’s office).  Motion carried unanimously.

Moved by Singer, seconded by Peterson to approve 36-month salary increase for Ryan Weidemann to $54,890.00, effective December 17, 2010, per Engineer’s Office Salary Schedule.  Motion carried unanimously.

The Webster County Library Association discussed rural funding for fiscal year 2011-2012. No action taken.

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

Moved by Singer, seconded by Peterson to adjourn the meeting.  Motion carried unanimously.

The Board of Supervisors met in Session on the above date with the following members present: Condon, Dencklau, Motl, Singer and Peterson.   Absent:  None.

Moved by Motl, seconded by Singer to approve minutes of the December 14, 2010 regular meeting.  Motion carried unanimously.

Moved by Singer, seconded by Peterson to approve salary increase for Sara Brandel to $13.54 per hour, effective December 21, 2010, per Jail Unit Contract.  Motion carried unanimously.

Moved by Peterson, seconded by Condon to approve Operations Supervisor Job Description, Conservation Department.  (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Condon, seconded by Motl to approve Cody Peterson as Operations Supervisor at a salary of $40,132.00 (50% of salary from General Basic Fund and 50% from Rural Basic Services Fund), effective January 1, 2011.  Motion carried unanimously.

Moved by Motl, seconded by Singer to receive and place on file contract for early retirement between Karen Heun and Webster County Board of Health.  (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Singer, seconded by Peterson to approve and authorize Chair to sign MH/DD service rate for Berryhill Center for Mental Health for period January 1, 2011 through June 30, 2011.  (Copy on file in CPC’s office).  Motion carried unanimously.

Moved by Peterson, seconded by Condon to approve abatement of taxes on the following parcels, per recommendation of County Treasurer:  Parcel #0422417003 – deeded to the City of Vincent; and Parcel #0625227901 – Building on leased land.  Motion carried unanimously.

Moved by Condon, seconded by Motl to approve and authorize Chair to sign Grant Agreement with the Iowa Department of Economic Development Community Attraction and Tourism Vision Iowa program for the implementation of Fort Dodge and Webster County Trail Plan.  (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Motl, seconded by Singer to approve and authorize Chair to sign Contract to Assist in Writing a Multi-Jurisdictional Hazard Mitigation Plan with Midas Council of Governments and Webster County.  Motion carried unanimously.

Moved by Singer, seconded by Peterson to receive and place on file Manure Management Plan Updates for Mark Peterson in Section 30, Dayton Township and Bergquist Farm in Sections 23 and 24 of Hardin Township.  (Copy on file in Auditor’s office).  Motion carried unanimously.

LaHoma Counts, representing Elderbridge Agency discussed fiscal year 2012 funding.  No action taken.

Moved by Peterson, seconded by Condon to approve and authorize Chair to sign the following Webster County Policy for Farm to Market Roads within Corporate Limits: 

WEBSTER COUNTY SECONDARY ROAD DEPARTMENT
POLICY AND PROCEDURE MEMORANDUM

PPM Effective Date: July 1, 2011
Revision Date:

SUBJECT:         Webster County Policy for Farm to Market Roads Within Corporate Limits

PURPOSE:
To provide a uniform policy and procedure for construction repairs or reconstruction of farm to market roads extending into cities within Webster County; Identifying, defining, and resolving jurisdictional responsibilities, level and limitations of service and expectation of costs involved in cooperative projects. These guidelines are intended to encourage continuation and continuity of improvements of Farm to Market roads into cities. County expenditures are intended for roads or portions of roads within Webster County only.

1. DEFINITIONS:
   Jurisdiction:  The local agency in control of the area in which the road or street is located. Cities over 500 in population have jurisdiction of all roads within the corporate limits. The County has jurisdiction of all secondary roads outside the corporate limits and also for farm to market extensions within cities with less than 500 in population.
   Farm to Market Extension: Roads identified on the IDOT Rural Federal Functional Classification Map as a Minor or Major Collector, that continue into the corporate limits of a city.
   Federal Aid Eligible System: Roads identified by the IDOT as Federal Aid Eligible Routes.
2. REFERENCES:
   Code of Iowa, Section 306.3, 306.4, 311.5, 314.5, and 314.6
3. GENERAL GUIDELINES: Cities will be categorized into three Service Levels based on population as defined by various Iowa Code requirements, including the following:
   Level I: Cities with population over 2500. (Fort Dodge)
   Level II: Cities with population of 2500 or less and 500 or more. (Badger, Dayton, Gowrie, Otho, Stratford)
   Level III: Cities with population under 500. (Callender, Clare, Duncombe, Farnhamville, Harcourt, Lehigh, Moorland, Vincent
   
   Level I (Fort Dodge):
   Webster County will contribute 0% of project cost within the corporate limits. However, if Webster County is performing construction or road repairs on a Farm to Market route which continues into the city, the city may request to be included in the project as a separate division of work and pay the cost of services provided within the scope of the project. This is to be completed at no additional cost to the County. Cities may request that the County include qualifying City improvements as part of an adjacent County Federal Aid project as long as the street improvements qualify for STP funding and are approved as part of the regional planning process.  
   
   Level II (Badger, Dayton, Gowrie, Otho, Stratford):
   Webster County will contribute up to 50% of the project costs for the center two (2) lanes of pavement within the corporate limits.  Webster County’s contribution shall not include underground utilities, water or sewer infrastructure, curb and gutter, or specially requested features such as crosswalks, lighting, or other esthetic appurtenances.  All bridges which may be involved within the scope of the project will be the responsibility of the City and any expenditure for repairs or reconstruction shall be paid from City or Urban Bridge Funds at no additional cost to the County. Cities may request from the County to be included in an STP funded project as part of an adjacent County federal aid project as long as the street improvements qualify for STP funding and are approved through the regional planning process.
   
   Level III (Callender, Clare, Duncombe, Farnhamville, Harcourt, Lehigh, Moorland, Vincent):
   Webster County will contribute 100% of the project costs within the corporate limits. Webster County’s contribution shall not include underground utilities, water or sewer infrastructure, curb and gutter, or specially requested features such as crosswalks, lighting, or other esthetic appurtenances.
   
   

   List of Cities	Level
   Badger	II
   Callender	III
   Clare	III
   Dayton	II
   Duncombe	III
   Farnhamville	III
   Fort Dodge	I
   Gowrie	II
   Harcourt	III
   Lehigh	III
   Moorland	III
   Otho	II
   tratford	II
   Vincent	III

   
   This policy is intended to create a uniform procedure to address Farm to Market Extensions using Secondary Road Funds. This policy is not intended to limit any additional funding resources such as RISE, LOSST, or other general fund resources or grants, etc., which may be available for qualifying projects. A construction project agreement identifying the scope of work, opinion of probable costs, and sources of funding may be required for each construction project eligible under this policy. This policy may be revised as directed by the Webster County Board of Supervisors.

Submitted and acceptance this __21st__ day of __December__, 2010.

Recommended:
S/Randy Will ________________________________
Randall J. Will, P.E., P.L.S., Webster County Engineer

Approved:
S/Keith Dencklau __________________________________
Keith Dencklau, Chair, Webster County Board of Supervisors

Attest:
S/Carol Messerly______________________
Carol Messerly, Webster County Auditor

Ayes:  Motl, Singer and Condon.  Nays:  Peterson.  Motion carried.

Moved by Condon, seconded by Motl to authorize Chair to sign Offer to Purchase the South Sixty feet of Lots Three (3), Four (4), Five (5) and Six (6) and the East Ten (10) feet of the South Sixty feet of Lot Seven (7), Block 136, Haskell’s Subdivision of Township Company’s Addition, Fort Dodge, Iowa.  Motion carried unanimously.

Public Hearing was held on first consideration to amend Zoning Ordinance 046 to rezone a property owned by Michael Grell from M-E to TA-1 (A-2); said property described as the Northeast Quarter of the Southeast Quarter of Section 32, Township 89 North, Range 28 West of the 5th P.M., Webster County, Iowa; and further to amend the County Land Use Management Plan and Zoning Map.  Sheilah Lizer, Zoning Administrator presented comments from the Zoning Commission meeting.  No written or oral objections being heard, Chairman Dencklau closed the public hearing.

Moved by Motl, seconded by Singer to  approve first consideration to amend Zoning Ordinance 046 to rezone a property owned by Michael Grell from M-E to TA-1 (A-2); said property described as the Northeast Quarter of the Southeast Quarter of Section 32, Township 89 North, Range 28 West of the 5th P.M., Webster County, Iowa; and further to amend the County Land Use Management Plan and Zoning Map; and further to waive second consideration and set January 11, 2011 at 10:00 a.m. as the time and place for final consideration of said amendment.  Roll call vote: Ayes – Motl, Singer, Peterson, Condon and Dencklau.  Nays - none. Motion carried unanimously.

Moved by Singer, seconded by Peterson to discuss Planning and Zoning Administrator’s position.  No action taken.

Moved by Peterson, seconded by Condon to discuss amendment to Employee Handbook clarifying required timesheets for employees.  No action taken.

At 11:40 a.m. it was moved by Condon, seconded by Motl to go into Closed Session to discuss imminent litigation under Iowa Code Section 21.5(1)(c).  Roll call vote – Ayes: Motl, Singer, Peterson, Condon and Dencklau. Nays: None.  Motion carried unanimously.

Twelve o’clock Noon it was moved by Motl, seconded by Singer to return to open session.  Roll call vote – Ayes: Motl, Singer, Peterson, Condon and Dencklau. Nays: None.  Motion carried unanimously.

Moved by Singer, seconded by Peterson to allow claims.  Motion carried unanimously.

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

The Board of Supervisors met in Session on the above date with the following members present: Condon, Dencklau, Motl, Singer and Peterson.   Absent:  None.

Moved by Motl, seconded by Singer to approve minutes of the December 21, 2010 regular meeting.  Motion carried unanimously.

Moved by Singer, seconded by Peterson to receive and place on file the following Drainage Repairs:  D.D.#69 and Joint D.D.#12 Webster and #38 Calhoun County.  Motion carried unanimously.

Moved by Peterson, seconded by Condon to set January 3, 2011 at 10:00a.m. as the time and date for re-organizational meeting of the Board of Supervisors and to cancel January 4, 2011 regular meeting of the Board of Supervisors.  Motion carried unanimously.

Moved by Condon, seconded by Motl to approve three-year step increase for Geoff Miller, Deputy Sheriff to $50,283.95, effective December 17, 2010, per labor agreement. Motion carried unanimously.

Moved by Motl, seconded by Singer to approve salary adjustment for Shelly Escobedo, Victim Witness Coordinator to $35,131, effective November 24, 2010.  Motion carried unanimously.

Moved by Singer, seconded by Peterson to receive and place on file termination of employment for David Anderson, effective December 21, 2010.  Motion carried unanimously.

Moved by Peterson, seconded by Condon to approve and authorize Chair to sign Mental Health Provider Services Rates, effective January 1, 2011 for the following:  Georgiana Meadow, Janette Miller, Judith Christensen, and Kay Grossnickle.  (Copies on file in CPC’s office).  Motion carried unanimously.

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

RESOLUTION
CONSTRUCTION EVALUATION RESOLUTION

WHEREAS, Iowa Code section 459.304(3) sets out the procedure if a board of supervisors wishes to adopt a “construction evaluation resolution” relating to the construction of a confinement feeding operation structure; and

WHEREAS, only counties that have adopted a construction evaluation resolution can submit to the Department of Natural Resources (DNR) an adopted recommendation to approve or disapprove a construction permit application regarding a proposed confinement feeding operation structure; and

WHEREAS, only counties that have adopted a construction evaluation resolution and submitted an adopted recommendation may contest the DNR’s decision regarding a specific application; and

WHEREAS,  by adopting a construction evaluation resolution the board of supervisors agrees to evaluate every construction permit application for a proposed confinement feeding operation structure received by the board of supervisors between February 1, 2011 and January 31, 2012 and submit an adopted recommendation regarding that application to the DNR; and

WHEREAS,  the board of supervisors must conduct an evaluation of every construction permit application using the master matrix created in Iowa Code section 459.305, but the board’s recommendation to the DNR may be based on the final score on the master matrix or may be based on reasons other than the final score on the master matrix;

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF WEBSTER COUNTY that the Board of Supervisors hereby adopts this construction evaluation resolution pursuant to Iowa Code section 459.304(3).

S/Keith Dencklau________________
Chair, Board of Supervisors

Date:_December 28, 2010_________

ATTEST:
S/ Carol Messerly________________
County Auditor

Date:_December 28, 2010 _________

 Motion carried unanimously.   

Moved by Motl, seconded by Singer to approve Class C Liquor License for Willow Ridge Golf Course.  (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Singer, seconded by Peterson to approve and authorize Chair to sign amendment to Haila Architecture professional services agreement for the expanded and additional projects at the Law Enforcement Center.  (Copy on file in Auditor’s office).  Motion carried unanimously.

Rick Peters and Troy Anderson, representing Fort Dodge Board of Realtors requested the board address a couple of conflicts in Section 3 (Three) of the County Zoning Ordinance.  The Board also requested that the County consider adding the zoning classification to the county parcel file.  Keith Dencklau and Robert Singer will meet with the Board of Realtors to discuss their request. 

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