December

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

Moved by Peterson, seconded by Condon to approve minutes of the November 27, 2012 regular meeting.  Motion carried unanimously.

Moved by Condon, seconded by Fletcher to receive and place on file the following Drainage Repairs:  D.D.#34 and D.D.#341.  Motion carried unanimously.

Moved by Fletcher, seconded by Dencklau to approve the following Addendum to Employee Handbook:

Vacation/Sick Leave Policies

An Eligible employee will only accrue vacation and sick leave hours for any calendar month during which he or she has worked at least 96 hours.  For purposes of these policies, the 96 hours worked may be comprised of actual hours worked, vacation pay, jury duty, bereavement leave and paid holidays.  Hours paid with sick leave do not count as hours worked for purposes of these policies.
Family and Medical Leave Policy
Under the “Rights and benefits during leave” section of this policy, the statement “Seniority, sick leave and vacation will accrue only during periods of paid leave” pertains to the types of paid leave described above (excluding sick leave pay).  Regardless of the type of leave the employee is on, vacation and sick leave will accrue provided that the employee has worked at least 96 hours.

Motion carried unanimously.

Moved by Dencklau, seconded by Peterson to approve and authorize Chair to sign Provider Service Agreement with Covenant Medical Center, Inc. for Substance Abuse Services.  (Copy on file in Community Services Office).  Motion carried unanimously.

Moved by Peterson, seconded by Condon to approve and authorize Chair to sign contract with West for books requested by Chief Judge Kurt Wilke for the law library; said contract being a three-year contract as follows:  Year 1 - $8,985.60; Year 2 $9,434.88 (estimated upkeep); and Year 3 - $9,906.62 (estimated upkeep).  Motion carried unanimously.

Moved by Condon, seconded by Fletcher to receive and place on file Manure Management Plan Updates for Gregory Carlson in Section 26, Gowrie Township; RSH Farms, Inc. in Section 6, Deer Creek Township; and Mark Peterson in Section 30, Dayton Township.  (Copies on file in Auditor’s office).  Motion carried unanimously.

Moved by Fletcher, seconded by Dencklau to waive interest and penalty on delinquent taxes on Parcel #0727276009, due to lost check.  Motion carried unanimously.

Public Hearing was held on the proposed Amendment No.3 to the Webster County Regional Urban Renewal Plan.  Chairman Singer first asked for the report of the Auditor with respect to the consultation was duly held as ordered by the Board, and that no written recommendations were received from affected taxing entities and said report placed on file.  No written or oral objections were heard; therefore Chairman Singer closed the public hearing.

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

DETERMINING AN AREA OF THE COUNTY TO BE AN ECONOMIC DEVELOPMENT AREA, AND THAT THE REHABILITATION, CONSERVATION, REDEVELOPMENT, DEVELOPMENT, OR A COMBINATION THEREOF, OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE COUNTY;  DESIGNATING SUCH AREA AS APPROPRIATE FOR URBAN RENEWAL PROJECTS; AND ADOPTING AMENDMENT NO. 3 TO THE WEBSTER COUNTY URBAN RENEWAL PLAN.

            WHEREAS, by Resolution adopted May 29, 2007, this Board found and determined that certain areas located within the County are eligible and should be designated as an urban renewal area under Iowa law, and approved and adopted the Webster County Ag-Industrial Center Urban Renewal Plan, now known as the Webster County Regional Urban Renewal Plan (the “Plan”) for the Webster County Regional Urban Renewal Area (the “Urban Renewal Area”) described therein, which Plan is on file in  the office of the Recorder of Webster County; and

            WHEREAS, by Resolution, adopted February 28, 2012, this Board of Supervisors approved and adopted an Amendment No. 1 to the Plan; and

            WHEREAS, by Resolution, adopted August 21, 2012, this Board of Supervisors approved and adopted an Amendment No. 2 to the Plan; and

            WHEREAS, a proposed Amendment No. 3 to the Webster County Regional Urban Renewal Plan for the area described above has been prepared, which proposed Amendment is and has been on file in the office of the County Auditor and which is incorporated herein by reference, the purpose of which is to add urban renewal projects for the development and redevelopment of property, that may involve grants, rebates, loans, or other incentives funded by tax increment; and

            WHEREAS, this proposed Amendment No. 3 to the Urban Renewal Area adds no new land; and

            WHEREAS, it is desirable that these areas be redeveloped as part of the overall redevelopment area covered by the proposed Amendment No. 3 to the Webster County Regional Urban Renewal Plan known as the “Webster County Regional Urban Renewal Plan”; and

            WHEREAS, by resolution adopted on October 30, 2012, this Board directed that a consultation be held with the designated representatives of all affected taxing entities to discuss the proposed Amendment No. 3 to the Webster County Regional Urban Renewal Plan and division of revenue described therein, and that notice of the consultation and a copy of the proposed Amendment No. 3 to the Webster County Regional Urban Renewal Plan be sent to all affected taxing entities; and               

            WHEREAS, pursuant to such notice, the consultation was duly held as ordered by the Board of Supervisors and all required responses to the recommendations made by the affected taxing entities, if any, have been timely made as set forth in the report of the Auditor filed herewith and incorporated herein by this reference, which report is in all respects approved; and

            WHEREAS, by resolution this Board also set a public hearing on the adoption of the proposed Amendment No. 3 to the Webster County Regional Urban Renewal Plan for this meeting of the Board, and due and proper notice of the public hearing was given, as provided by law, by timely publication in the Gowrie News, The Dayton Review, and The Messenger, which notice set forth the time and place for this hearing and the nature and purpose thereof; and

            WHEREAS, in accordance with the notice, all persons or organizations desiring to be heard on the proposed Amendment No. 3 to the Webster County Regional Urban Renewal Plan, both for and against, have been given an opportunity to be heard with respect thereto and due consideration has been given to all comments and views expressed to this Board in connection therewith and the public hearing has been closed.

            NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF SUPERVISORS OF WEBSTER COUNTY, STATE OF IOWA:
         Section 1.  That the finding and conclusions set forth or contained in Amendment No. 3 concerning the area of Webster County, State of Iowa, described in the preamble hereof, be and the same are hereby ratified and confirmed in all respects as the findings of this Board for this area.

            Section 2.  This Board further finds:
            A.                Although relocation is  not expected, a feasible method exists for the relocation of any families who will be displaced from the Webster County Regional Urban Renewal Area into decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families;

            B.                Acquisition by the County is not immediately expected, however, as to any areas of open land to be acquired by the County included within the Webster County Regional Urban Renewal Area:
                                1.  Residential use is not expected, however, with reference to any portions thereof which are to be developed for  residential uses, this Board of Supervisors hereby determines that a shortage of housing of sound standards and design with decency, safety and sanitation exists within the County; that the acquisition of the area for residential uses is an integral part of and essential to the program of the municipality; and that one or more of the following conditions exist:
A.  That the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas, including other portions of the urban renewal area.
B.  That conditions of blight in the municipality and the shortage of decent, safe and sanitary housing cause or contribute to an increase in and spread of disease and crime, so as to constitute a menace to the public health, safety, morals, or welfare.
C.  That the provision of public improvements related to housing and residential development will encourage housing and residential development which is necessary to encourage the retention or relocation of industrial and commercial enterprises in this state and its municipalities.
D.  The acquisition of the area is necessary to provide for the construction of housing for low and moderate income families.
                                2.  Non-residential use is expected and with reference to those portions thereof which are to be developed for non-residential uses, such non-residential uses are necessary and appropriate to facilitate the proper growth and development of the County in accordance with sound planning standards and local community objectives.

            Section 3.  That the Webster County Regional Urban Renewal Area, as amended, is and continues to be an economic development area within the meaning of Iowa Code Chapter 403; that such area is eligible for designation as an urban renewal area and otherwise meets all requisites under the provisions of Chapter 403 of the Code of Iowa; and that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of this County.

            Section 4.  That Amendment No. 3 to the Webster County Regional Urban Renewal Plan of Webster County, State of Iowa, attached hereto as Exhibit 1 and incorporated herein by reference, be and the same is hereby approved and adopted as “Amendment No. 3 to the Webster County Regional Urban Renewal Plan for Webster County, State of Iowa”; Amendment No. 3 to the Webster County Regional Urban Renewal Plan of Webster County, State of Iowa, is hereby in all respects approved; and the County Auditor is hereby directed to file a certified copy of Amendment No. 3 with the proceedings of this meeting.

            Section 5.  That, notwithstanding any prior plan, amendment, resolution or ordinance, the original Webster County Regional Urban Renewal Plan, and the Plan as amended, shall be in full force and effect from the date of this Resolution until the Board amends or repeals the Plan.  The proposed Amendment No. 3 to the Webster County Regional Urban Renewal Plan shall be forthwith certified by the County Auditor, along with a Copy of this Resolution, to the Recorder for Webster County, Iowa, to be filed and recorded in the manner provided by law.

            Section 6.  That all other provisions of the Plan not affected or otherwise revised by the terms of Amendment No. 3, as well as all resolutions previously adopted by this Board of Supervisors related to the Plan be and the same are hereby ratified, confirmed and approved in all respects.

            PASSED AND APPROVED this 4th day of December, 2012.

s/Robert H Singer                    
Chairperson, Board of Supervisors

ATTEST:
s/Carol Messerly    
County Auditor

Motion carried unanimously.

Moved by Condon, seconded by Fletcher to approve and authorize Chair to sign permit application from MidAmerican Energy to install new pole for overhead electric transmission line to serve customer at 20032 230th Street in Section 11, Elkhorn Township. Motion carried unanimously.

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

Moved by Dencklau, 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:  Singer, Dencklau, Peterson, Condon and Fletcher.   Absent:   None.  The purpose of the meeting was to act as the canvassing board to canvass the votes of the Fort Dodge Community School District Special Election held on December 4, 2012.

Moved by Fletcher, seconded by Dencklau to approve the following as the Official Canvass of the Fort Dodge Community School District Special Election held on December 4, 2012:

Public Measure A:   Yes votes         584
                                    No votes           726
Therefore declare Public Measure “A” not adopted.  Motion carried unanimously.

Moved by Dencklau, 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:  Dencklau, Peterson, Condon and Fletcher. Absent:   Singer.

Moved by Condon, seconded by Fletcher to approve minutes of the December 4, 2012 regular meeting.  Motion carried unanimously.

Moved by Fletcher, seconded by Dencklau to receive and place on file Manure Management Plan Updates for Envirotech Powerwashing and Ag. Services, LLC in Section 32, Yell Township. (Copies on file in Auditor’s office).  Motion carried unanimously.

Moved by Dencklau, seconded by Condon to receive and place on file Lowell Guddall as the Sheriff’s representative to the Compensation Board filling a vacancy; term will expire on June 30, 2013. Motion carried unanimously. 

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

RESOLUTION AMENDING RESOLUTION AUTHORIZING ISSUANCE OF GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2012

            WHEREAS, the settlement date has been delayed on the County’s General Obligation Capital Loan Notes, Series 2012 issue, it is necessary at this time to amend the Resolution Approving and Authorizing a Form of Loan Agreement and Authorizing and Providing for the Issuance of  Capital Loan Notes and Levying a Tax to Pay the Notes (the “Resolution”) to reflect the change in the closing date and to reflect a change in the levy for Fiscal Year 2013/2014 to reduce the amount of interest that will accrue.

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

            Section l.  That the Resolution, adopted by the Board on November 27, 2012, authorizing the issuance of $1,340,000 General Obligation Capital Loan Notes, Series 2012, be amended in such a way that all references to December 12, 2012 as the closing date be revised to read December 18, 2012.

            Section 2.  That Section 3 of the Resolution be amended to revise the amount of the levy for Fiscal Year 2013/2014 to read as follows:
                                                                                                                FISCAL YEAR (JULY 1 TO JUNE 30)
                                AMOUNT                                                                  YEAR OF COLLECTION
                                $145,862                                                                                 2013/2014

            Section 3.  That the County’s Bond Counsel is hereby authorized to make the necessary changes in the authorizing resolution, the Loan Agreement, and related certificates to reflect the change in the closing date.

            Section 4.  That all other terms set out in the amended items shall remain as originally shown.

            PASSED AND APPROVED this 11th day of December, 2012.

Eddie Peterson                        
Chairperson

ATTEST:
Carol Messerly                       
County Auditor

Motion carried unanimously.

Moved by Fletcher, seconded by Dencklau to approve transfer in the amount of $23,708.65 from General Basic Fund to Conservation Trust Fund for reimbursement of trail expenditures. Motion carried unanimously.

Moved by Dencklau, seconded by Condon to approve and authorize Chair to sign permit application from Frontier Communications to bury fiber optic cable along west side of Hayes Avenue from Highway 7 south approximately 2300 feet in Section 19, Douglas Township.  (Copy on file in Engineer’s office).  Motion carried unanimously.

Moved by Dencklau, seconded by Condon to table discussion regarding county-wide sound ordinance.  Motion carried unanimously.

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

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

Moved by Peterson, seconded by Condon to approve minutes of the December 11, 2012 regular meeting.  Motion carried unanimously.

Moved by Condon, seconded by Fletcher to receive and place on file the following Drainage Repairs:  D.D.#209, D.D.#22 Webster and #12 Calhoun, and D.D.#16 Webster and #31 Calhoun.  Motion carried unanimously.

Moved by Fletcher, seconded by Dencklau to approve and authorize Chair to sign agreement between City of Fort Dodge and Webster County regarding the oversize water and sewer line at Webster County Regional Ag Park.  (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Fletcher, seconded by Dencklau to receive the following bids for office renovation at the County Attorney’s office and further to accept the low bid:  John Kastendieck - $32,328.00 and Russ Construction - $24,550.00.  Motion carried unanimously.

Moved by Peterson, seconded by Condon to approve and authorize Chair to sign contract between Webster County and George and Pamela Rosenburgh regarding Flood Buyout Program.  (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Condon, seconded by Fletcher to approve and authorize Chair to sign permit from Alliant Energy to replace overhead electric line with underground electric line on east side of Oak Avenue from first pole south of Highway 169 south approximately one-half mile to cell tower in Section 17, Dayton Township. (Copy on file in Engineer’s office).  Motion carried unanimously.

Moved by Fletcher, seconded by Dencklau to approve and authorize Chair to sign permit from Alliant Energy to replace overhead electric line on east side of Paragon Avenue with underground electric line on west side of Paragon Avenue from Highway 169 north approximately three-quarters mile to 3531 Paragon Avenue in Section 9, Dayton Township. (Copy on file in Engineer’s office).  Motion carried unanimously.

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

WEIGHT LIMIT EMBARGOES ON BRIDGES

WHEREAS:  The Board of Supervisors is empowered under authority of Code of Iowa Sections 321.236 Sub. (8), 321.255 and 321.471 to 321.473 to prohibit operation of vehicles or impose limitations as to the weight thereof on designated highways or highway structures under their jurisdiction, and

WHEREAS:  The Webster County Engineer has caused to be completed the Structural Inventory and Appraisal of certain Webster County bridges in accordance with the National Bridge Inspection Standards, and it has been determined that they are inadequate for two-lane roads at the allowable operating stresses.

THEREFORE, BE IT RESOLVED by the Webster County Board of Supervisors that vehicle and load limits be established, and that signs be erected advising of the permissible maximum weights thereof for the bridges listed on attached Exhibits A and B.

This resolution will be in effect when the signs have been erected.

PASSED AND APPROVED this 18th day of December 2012.

s/Robert H Singer
Robert H Singer, Chair
Webster Co Board of Supervisors

Attest: s/Carol Messerly
Carol Messerly
Webster Co Auditor

Motion carried unanimously.

The Webster County Library Association discussed Fiscal Year 2014 funding. No action taken.

Upper Des Moines Opportunity, Inc. requested Fiscal Year 2014 funding. No action taken.

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

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