November

The Board of Supervisors met in Session on the above date with the following members present:  Dencklau, Peterson, Condon and Fletcher.   Absent:  Singer.

Moved by Peterson, seconded by Condon to approve minutes of the October 25, 2011 regular meeting. Motion carried unanimously.

Moved by Condon, seconded by Fletcher to receive and place on file Drainage Repairs for D.D.#5 Lateral 2B.  Motion carried unanimously.

Moved by Fletcher, seconded by Peterson to approve wage increase for Christopher O’Brien to $53,395.45, effective October 13, 2011, per Sheriff Deputy’s labor contract.  Motion carried unanimously.

Moved by Peterson, seconded by Condon to approve wage increase for Christy Nelson to $18.02 per hour, effective November 1, 2011, per clerk’s labor contract.  Motion carried unanimously.

Moved by Condon, seconded by Fletcher to receive and place on file Manure Management Plan Update for Dallas Thomas in Section 11, Cedar Township, Calhoun County.  (Copies on file in Auditor’s office).  Motion carried unanimously.

Moved by Fletcher, seconded by Peterson to adopt the following resolution:

         WHEREAS, it has been proposed that CJ CheilJedang Corporation c/o CJ America, Inc. (the “Company”) undertake the construction and operation of a manufacturing facility requiring the investment of approximately $300,000,000 (the “Project”) on certain real property the (the “Property”) to be owned or leased by Company from Cargill within Webster County, Iowa (the “County”): and

         WHEREAS, the Company has been awarded incentives through the Iowa Economic Development Authority, and as a condition of receiving such incentives, the Company will enter into an agreement (the “IEDA Agreement) with respect to the construction and operation of the Project and the establishment and maintenance of certain employment levels in connection therewith; and

         WHEREAS, it has been requested that the County provide financial incentives under the urban renewal law for infrastructure support to the Company in order to advance the completion and success of the Project; and

         WHEREAS, in anticipation of and contingent on future actions for the authorization and commitment of such support, the Board of Supervisors (the “Board”) for the County desires to convey its intention to support the Company and Project by incentives available through tax increment financing by the adoption of this Resolution;

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

Section 1.  The Board hereby expresses its intent to support the Company and the Project through the undertakings of the following actions, subject to the conditions in Section 2:

a. Construct a road widening project on Harvest Avenue, of 20% of the cost, (contingent on RISE grant), up to	$  279,000.00
b. Construct Rail spur extension, up to	$1,944,000.00
c. Reimbursement of site preparation costs (to be defined), estimated to be $1,500,000 to $2,500,000, up to maximum of $2,500,000 based on actual receipts and invoices	$2,500,000.00
	$4,723,000.00

Section 2.  All undertakings proposed in Section 1 are subject to the future legislative discretion of the Board in its sole discretion, with respect to :

a.	All public hearings and legislative actions necessary to:
	(i)	adopt an urban renewal plan or an amendment to an existing urban renewal plan;
	(ii)	negotiation and approval of a Development Agreement;
	(iii)	negotiation and approval of an IEDA Agreement; and
	(iv)	approval and sale of Urban Renewal Revenue Bonds or Notes sufficient to fund the proposed undertakings by the County.
b.	The Development Agreement to be negotiated between the parties shall contain terms and condition describing the obligations of the County and the Company, including but not limited to:
	(i)	A Minimum Assessment Agreement signed by the Property owner and lienholders that includes a figure for the Assessor’s Minimum Actual Value for the buildings to be built on the Property that will provide sufficient Tax Increment to meet or exceed the County’s debt service schedule until the County’s Urban Renewal Revenue Bonds or Notes are paid off;
	(ii)	An irrevocable standby Letter of Credit from an institution acceptable to the County that ensures that Company will make up any shortfall in the Tax Increment in order to meet or exceed the County’s debt Service schedule until the County’s Urban Renewal Revenue Bonds or Notes are paid off;
	(iii)	Provisions identical to the IEDA agreement regarding the creation and retention of jobs and repayment of  incentives if such jobs are not created or retained;
	(iv)	Provisions that the Company will pay any amounts under the RISE grant or IEDA Agreement that the IEDA or Department of Transportation may seek from the County due to failure of the Company to build The Project or meet the employment obligations;
	(v)	That the incentives provided by the County meet any local match requirements for the RISE grant and the IEDA Agreement.
	(vi)	Plans and specifications that provide for the road and rail projects to be constructed for the estimated  Costs outlined in Section l.

Section 3. All resolutions and orders or parts thereof in conflict with provisions of this resolution, to the extent of  such conflict, are hereby repealed.

Passed and Approved November 1, 2011.

s/Keith Dencklau
Chairperson, Board of Supervisors

Attest: s/Carol Messerly
County Auditor

Motion carried unanimously.

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

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

         WHEREAS, the Iowa Department of Transportation has established program guidelines and has provided procedures for submitting applications for the RISE program; and

         WHEREAS, Webster County has actively pursued industrial businesses to establish operations in the area approximately 4 miles west of Fort Dodge, Iowa within the North Central Agricultural Park; and

         WHEREAS, the developer has indicated a desire to construct a new industrial plant within the North Central Agricultural Park that will create new job opportunities for the Webster County area; and

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

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

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

1. The Webster County Board of Supervisors fully endorses the improvement of Harvest Avenue from Iowa Highway 7 south approximately 2600 feet in Section 19, Township 89 North, Range 29 West, Douglas Township and authorizes the Chair to sign all necessary application documents and submit the same to the Iowa Department of Transportation.
2. The Webster County Board of Supervisors will assure the required local match is provided to the RISE funds through the use of  Webster County Road Funds and/or Tax Increment Financing Funds, if said application is approved by the Iowa Department of Transportation.

PASSED AND APPROVED this 1st day of November, 2011.

s/Keith Dencklau
Keith Dencklau, Chair
Webster County Board of Supervisors

Attest s/Carol Messerly
Carol Messerly, Webster County Auditor

Motion carried unanimously.

A Public Hearing was held Amending Ordinance 047, An Ordinance establishing the Webster County Supervisor Districts and Election Precincts. No written or oral comments being heard, Chairman Dencklau closed the public hearing.

Moved by Condon, seconded by Fletcher to approve first consideration amending Ordinance 047, an ordinance establishing the Webster County Supervisor Districts and Election Precincts; and further to waive second and third consideration and adopt said amended Ordinance 047.  Roll call vote:  Ayes – Dencklau, Peterson, Condon and Fletcher. Nays – None. Absent: Singer.  Motion carried unanimously.

At 2:30p.m. Public, Professional and Maintenance Employees (PPME) presented its initial bargaining proposals to the County.  Moved by Peterson, seconded by Condon to receive and place on file Public, Professional and Maintenance Employees (PPME) initial bargaining proposal.  (Copy on file in Auditor’s office). Motion carried unanimously.

At 2:35p.m. the County presented its initial bargaining proposals to PPME.  (Copy on file in Auditor’s office).

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

The Board of Supervisors will meet in Session on the above date with the following members present:  Dencklau, Peterson, Condon and Fletcher.   Absent:  Singer.

Initial bargaining proposals were received from the Deputy Sheriffs’ Bargaining Unit, Jailers Bargaining Unit and the Courthouse Clerks’ Bargaining Unit.  Moved by Fletcher, seconded by Condon to receive and place on file said initial bargaining proposals.  (Copies on file in Auditor’s office).  Motion carried unanimously.

The County presented its initial bargaining proposal to the Deputy Sheriffs’ Bargaining Unit, the Jailers’ Bargaining Unit; and the Courthouse Clerks’ Bargaining Unit.  (Copies on file in Auditor’s office).

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

The Board of Supervisors met in Session on the above date with the following members present:  Dencklau, Peterson, Condon and Fletcher.   Absent:  Singer.

Moved by Peterson, seconded by Condon to approve minutes of the November 1, 2011 regular meeting and November 4, 2011 Special Meeting.  Motion carried unanimously.

Moved by Condon, seconded by Fletcher to receive and place on file the following Drainage Repairs:  D.D.#5, D.D.#37 and D.D.#225.  Motion carried unanimously.

Public Hearing on proposed amendment to current year County Budget was held.  No written or oral comments being heard, Chairman Dencklau closed the public hearing.  Moved by Fletcher, seconded by Peterson to approve the following budget amendment (Copy on file in Auditor’s office); and department appropriation changes:  Increase Department #05 Sheriff - $550,000.00; Increase Department #60 Mental Health - $500,000.00; and Department 20 Engineer/Roadway Construction - $170,000.00.  Motion carried unanimously.

Moved by Peterson, seconded by Condon to approve wage increase for Stephanie Bohan to $14.17 effective November 4, 2011, per labor contract.  Motion carried unanimously.

Moved by Condon, seconded by Fletcher to receive and place on file 6 month wage increase to $21.50, effective November 23, 2011 for Deborah Guild, Webster County Health Department.  Motion carried unanimously.

Moved by Fletcher, seconded by Peterson to approve and authorize Chair to sign revised Certification of Cost Allocation Plan based on the Fiscal Year ended June 30, 2011. (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Peterson, seconded by Condon to approve and authorize Chair to sign Extension to Maintenance and Support Agreement with Morpho Trak, Inc. for Live Scan Station.  (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Condon, seconded by Fletcher to receive and place on file Manure Management Plan Update for RSH Farms, Inc. in Section 6, Deer Creek Township. (Copy on file in Auditor’s office).  Motion carried unanimously.

The following proposals for cameras outside of Law Enforcement Center:  Uneek Security $11,359; One Source Security  $16,768; Nikkel & Assoc, Inc $14,995. 
                        
Moved by Fletcher, seconded by Peterson to approve proposal submitted by Uneek Security in the amount of $11,359 for cameras outside of Law Enforcement Center; and further to fund said cameras from the Law Enforcement Center building budget.  Motion carried unanimously.

It was duly noted that notice of a public comment period was published in the Gowrie News for Alliger Farms Construction Permit Application for a new deep pit 1000 head swine finisher barns in Section 27 Gowrie Township; and further that no written comments were received.  Moved by Peterson, seconded by Condon to accept Matrix score of Alliger Farms Construction Permit Application for a new deep pit 1000 head swine finisher barns in Section 27 Gowrie Township, and recommend Department of Natural Resources approve said permit.  Motion carried unanimously.

Moved by Condon, seconded by Fletcher to adopt resolution unconditionally and irrevocably waiving the Boards’ right to appeal the issuance of the final Construction Permit for Alliger Farms. (Copy on file in Auditor’s office).  Motion carried unanimously.

Dan Kenny, President of Iowa Central Community College discussed cash rent of Webster County Farm with the Board.  No action taken.

Moved by Fletcher, seconded by Peterson to receive and place on file resignation of Chris Burney, Class A Equipment Operator in Secondary Road Department, effective December 2, 2011. Motion carried unanimously.

Moved by Peterson, seconded by Condon to approve and authorize County Engineer to fill vacancy in Secondary Road Department due to resignation of Chris Burney.  Motion carried unanimously.

Moved by Condon, seconded by Fletcher to receive and place on file salary increase for Angela Roderick to $38,386.17, effective November 19, 2011, per office manager’s salary schedule.  Motion carried unanimously.

Moved by Fletcher, seconded by Peterson to approve and authorize Chair to sign the following resolution:

Recommended:
November 8, 2011                                                         s/Randall J Will             
Date                                                                             Webster County Engineer

Approved:
November 8, 2011                                                         s/Keith Dencklau                       
Date                                                                             Chair, Webster County Board of Supervisors

Attest:
s/Carol Messerly                       
Webster County Auditor

Motion carried unanimously.

Moved by Peterson, seconded by Condon to approve amendments to Fiscal Year 2012 Iowa Department of Transportation Secondary Road Budget and Construction Program.  (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Peterson, seconded by Condon to approve and authorize Chair to sign permit application from Marjorie and Larry Alliger to construct 15 inch drainage tile across 390th Street between Southeast quarter Section 27 and Northeast Quarter Section 34, Township 86 North, Range 30 West, Gowrie Township. (Copy on file in Engineer’s office).  Motion carried unanimously.

Moved by Condon, seconded by Peterson to approve and authorize Chair to sign permit application from Darrell Cline to construct 15 inch drainage tile across Hawkeye Avenue between Northwest Quarter and Northeast Quarter Section 5, Township 87 North, Range 29 West, Clay Township.  (Copy on file in Engineer’s office).  Motion carried unanimously.

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

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

The Board of Supervisors met in Session on the above date to canvass the November 8, 2011 City Elections with the following board members present:  Dencklau, Singer, Condon and Fletcher.   Absent:  Peterson.

Moved by Fletcher, seconded by Condon to approve the following as the Official Canvass for the City Elections held on November 8, 2011:

Motion carried unanimously.

Moved by Singer, seconded by Condon the meeting adjourned.  Motion carried unanimously.

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

Moved by Singer, seconded by Condon to approve minutes of the November 8, 2011 regular meeting and November 14, 2011 Canvass.  Motion carried unanimously.

Moved by Condon, seconded by Fletcher to receive and place on file the following Drainage Repairs:  D.D.#69 Lateral 2 and D.D.#5 Lateral 1.  Motion carried unanimously.

Moved by Fletcher, seconded by Singer to approve salary increase to $14.00 per hour for Anita Walstrom, effective November 29, 2011, per labor contract.  Motion carried unanimously.

Moved by Singer, seconded by Condon to approve and authorize Chair to sign City/County Agreement between Webster County and the City of Barnum, allowing the County to exercise urban renewal powers pursuant to Chapter 403 of the Code of Iowa.   (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Fletcher, seconded by Singer to table approval of Letter of Understanding regarding bargaining units. Motion carried unanimously.

Vic Carlson voiced concern regarding the four-wheeler traffic in the Coleman area south the city of Fort Dodge.

Moved by Singer, seconded by adjourn.

The Board of Supervisors met in Session on the above date to receive and place on file request for recount filed with the County Auditor.  The following members were present:  Singer, Peterson and Fletcher.  Absent:  Dencklau and Condon.

It was noted by the Auditor that a request for a recount for Fort Dodge City Council Ward Four (Precinct #1, #2, and #3) was timely received in the office of the County Auditor. 

Moved by Fletcher, seconded by Peterson to adopt the following resolution:  

RESOLUTION ORDERING RECOUNT
WEBSTER COUNTY BOARD OF SUPERVISORS

WHEREAS, the Regular City Elections were held on the 8th day of November, 2011 in Webster County, Iowa, and

WHEREAS, the Board of Supervisors, acting as the Canvassing Board met at 9:00a.m. on the 14th day of November, 2011, to canvass the election results from the November 8, 2011 Regular City Elections, and

WHEREAS, at said canvass Kim Alstott received five hundred sixty-three votes and Kelly Hindman received five hundred sixty-two votes and Kim Alstott was declared duly elected Fort Dodge Council Member – Ward Four, and

WHEREAS, on the 16th day of November, 2011, Kelly Hindman filed in the office of the County Auditor, a Request for a Recount of Votes Cast for said office, and

WHEREAS, if an election is won (or lost) by less than one percent of the votes cast or 50 votes, whichever number is larger, the candidate requesting the recount does not have to post a bond.

NOW THEREFORE BE IT RESOLVED, that the Webster County Board of Supervisors, do hereby order a recount for the Office of Fort Dodge City Council – Ward Four recounting the votes cast in Fort Dodge Precinct #1, Precinct #2 and Precinct #3, as selected on the Request Form for Recount of Votes and further to direct the County Auditor to govern herself as prescribed in Chapter 50.48 of the Code of Iowa.

                Dated at Fort Dodge, Iowa this 17th day of November, 2011.

                                                                                                Webster County Board of Supervisors
                                                                                                
                                                                                                s/Robert Singer________________________
                                                                                                Robert Singer, Vice Chairperson

Attest:

s/Carol Messerly________________________
Carol Messerly, County Auditor

Motion carried unanimously.

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

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

Moved by Singer, seconded by Peterson to approve minutes of the November 15, 2011 regular meeting and November 17, 2011 special meeting.  Motion carried unanimously.

Moved by Peterson, seconded by Condon to receive and place on file the following Drainage Repairs:  D.D.#296, #2, #70 Webster- # 95 Calhoun, and #102 Webster-#5 Humboldt.  Motion carried unanimously.

Moved by Condon, seconded by Fletcher to approve salary increase to $36,899.20 for Shelly Escobedo, Victim Witness Coordinator effective November 24, 2011.  Motion carried unanimously.

Moved by Fletcher, seconded by Singer to receive and place on file Conservation Board’s Annual Report for Fiscal Year 2010-2011.  (Copy on file in Auditor’s office).  Motion carried unanimously.

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

RESOLUTION #2011
A RESOLUTION OF THE BOARD OF SUPERVISORS OF WEBSTER COUNTY, IOWA TO SUPPORT THE EXPANSION OF GYPSUM CITY OHV PARK

WHEREAS, the Webster County Conservation Board seeks to enter into a maintenance contract with the Iowa Department of Natural Resources for the Gypsum City OHV Park, and

WHEREAS, the Webster County Conservation Board plans to construct and operate a campground within the Gypsum City OHV Park, and

WHEREAS, the Webster County Board of Supervisors desires to preserve the integrity of funding the actions and programs of the Webster County Conservation Board, and

WHEREAS, the Webster County Conservation Board plans to collect numerous funds in the form of user fees, those being monies generated from conservation lands, operations, and facilities, and

WHEREAS, it is the intent of the Webster County Board of Supervisors to permit the Webster County Conservation Board to appropriate 50% of user fee funds from the Gypsum City OHV Park into the Conservation Board Trust Fund for conservation purposes and equipment, and

WHEREAS, the remaining 50% of the user fees shall be deposited into the General Basic Fund for the purpose of reimbursing operating costs and staffing, and

WHEREAS, the appropriation of the fees to the Trust Fund is permitted under Iowa Code Section 111A.6 (1991).

NOW THEREFORE BE IT RESOLVED, the Webster County Board of Supervisors hereby orders that 50% of all user fees from the Gypsum City OHV Park received by the Webster County Conservation Board, be appropriated to the Conservation Trust Fund to be used for Capital Improvements and equipment replacement, and the remaining 50% of the user fees going into the General Basic Fund to reimburse operating costs.

Passed, approved and adopted this 22nd  day of  November, 2011.

WEBSTER COUNTY BOARD OF SUPERVISORS                           ATTEST

s/Keith Dencklau                                                                                   s/Carol Messerly    
Keith Dencklau, Chairperson                                                                 Carol Messerly, Webster Co Auditor

Motion carried unanimously.

Moved by Peterson, seconded by Condon to approve 2011 Weed Commissioner’s Report. (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Condon, seconded by Fletcher to approve and authorize Chair to sign letter and resolution waiving the County’s right to appeal the issuance of the final construction permit for Alliger Farms in Section 27, Gowrie Township; and encourages the Iowa Department of Natural Resources to issue Final Construction Permit immediately.  (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Fletcher, seconded by Singer to receive and place on file 6-month salary increase for Luke Hubbell, Class C Equipment Operator, to $18.49 per hour effective November 26, 2011 per labor agreement.  Motion carried unanimously.

Moved by Singer, seconded by Peterson to approve and authorize Chair to sign Iowa Department of Transportation Funding Agreement Number 2012-R-008 For RISE Project RC-CO94(095)—9A-94 for road improvements to Harvest Avenue from Iowa Highway 7 south past proposed CJ CheilJedang Corporation manufacturing facility to main entrance of Cargill’s ethanol plant in Section 19, Township 89 North, Range 29 West, Douglas Township. (Copy on file in Engineer’s office).  Motion carried unanimously.

Jay Fritzhen, Community Food Program was unable to attend.  Board will re-schedule Mr. Fritzhen.

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

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

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

Moved by Singer, seconded by Peterson to approve minutes of the November 22, 2011 regular meeting. Motion carried unanimously.

Moved by Peterson, seconded by Condon to approve wage increase for Catherine Casey, Case Manager to $21.90 per hour, effective November 27, 2011, per salary schedule. Motion carried unanimously.

Moved by Condon, seconded by Fletcher to receive and place on file Manure Management Update Plan for RGT Carlson in Section 26, Gowrie Township.   (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Fletcher, seconded by Singer to approve replacement of locks at the jail sleeping cells; approximately 35 doors costing an estimated $42,696.00.  Motion carried unanimously.

Moved by Singer, seconded by Peterson to approve salary increase for Ryan Weidemann to $57,288.00, effective December 17, 2011, per Engineer’s office salary schedule.  Motion carried unanimously.

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