September
September 4, 2012
Board of Supervisiors Meeting
Tuesday September 4, 2012
10:00 a.m. Board of Supervisors' Room
Webster County Courthouse
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 August 28, 2012 regular meeting. Motion carried unanimously.
Moved by Condon, seconded by Fletcher to receive and place on file resignation of Janette Opheim, Peer Staff at Friendship Center, effective August 30, 2012. Motion carried unanimously.
Moved by Fletcher, seconded by Dencklau to receive and place on file Manure Management Plan Updates for Swine Graphics Enterprises in Section 9, Roland Township and Alan Seil in Section 22, Reading Township, Calhoun County. (Copies on file in Auditor’s office). Motion carried unanimously.
Moved by Dencklau, seconded by Peterson to approve request from Webster County Conservation Board for $200,000.00 for continued scheduled trail projects. Motion carried unanimously.
Moved by Peterson, seconded by Fletcher to approve the following resolution:
SANITARY SEWER AND WATER UTILITY TRUNK LINE
INTER-GOVERNMENTAL COST SHARING AGREEMENT
WHEREAS, CJ Bio America Inc (the “Company”) will lease certain real property, in unincorporated Webster County, Iowa and intends to construct a manufacturing plant (the “Project”) for the production of amino acids thereon; and
WHEREAS, the Company intends to use the City’s sanitary sewer and waterworks utility systems (the “Sewer and Water Systems”) for the provision sanitary sewer and water services to the completed Project; and
WHEREAS, in order for the City to provide services from the Sewer and Water Systems to the completed Project, the City must undertake the construction of a certain sanitary sewer and water utility trunk lines in order to connect the Property to the Sewer System (such improvements are hereinafter referred to as the “Utility Extensions”); and
WHEREAS, the City and the County intend that the Utility Extensions be over-sized (the “Over-sizing”) beyond the immediate needs of the Company in order to meet the potential capacity needs of future development near the Property; and
WHEREAS, the Company is willing to pay its share of the Utility Extensions so long as the City and County cover the additional costs related to the Over-sizing; and
WHEREAS, the County is providing economic development assistance to the development of the Project, and the City has requested that the County pay the costs of the over-sizing; and
WHEREAS, the City intends to establish a connection fee district (the “Connection fee District”) pursuant to Section 384.38(3) of the Code of Iowa covering the Property and additional nearby real estate in order to recover the County’s costs of the Over-sizing;
NOW THERFORE BE IT RESOLVED, That the Webster County Board of Supervisors declares their intent to enter into a cost sharing agreement with the City in which the County will pay the portion of the utility extension costs not paid by the Company. The total amount of payment is estimated at $1,200,000 which shall be reimbursed by the City through the administration of the Connection Fee District.
Dated at Fort Dodge, Iowa this 4th day of September, 2012.
s/Robert H. Singer
Robert H. Singer, Chairman
Attest:
s/Carol Messerly
County Auditor
Motion carried unanimously
Approve Lifeworks rate schedule for MH/DD services for Fiscal Year 2013. (Copy on file in Auditor’s office). Motion carried unanimously.
Moved by Fletcher, seconded by Dencklau to approve proposed Lead Targeted Case Management position for Webster County Community Services. Motion carried unanimously.
Moved by Dencklau, seconded by Peterson to approve proposed addition of Targeted Case Management position for Webster County Community Services. Motion carried unanimously.
Moved by Condon, seconded by Fletcher to approve proposed Webster County Community Service Office reorganization plan.
Transition Plan
Since becoming part of the Webster County Community Service Team I have been most impressed with staff. They are talented, caring and motivated to serve the community. The following is a proposed plan to move forward.
1. Expand Medicaid Targeted Case Management Program (TCM)
a. Create a lead Case Manager Position that will give our program a solid succession plan. It
will also increase intake and technical support capacity.
b. Add one full-time equivalent Case Manager to cover the several planned leaves and build
capacity to absorb anticipated caseload increases. With a separate Medicaid and County
systems counties will push harder to leverage Medicaid funded services. Additionally, with
legal settlement no longer the derminate for funding Webster County, with its strong
provider network, will see a net increase in caseloads.
2. Realign workloads with County Social Services with County Social Services
a. County Social Services will absorb accounts payable, contracting and policy development.
b. Increase service coordination for individuals not receiving TCM.
c. Transfer intakes for mental health outpatient services to Berryhill.
d. Develop procedure for filing and coordinating civil commitments.
e. Train all staff on Community Service Network (ISAC web-based database) to better
integrate service to individuals.
3. Hire Webster County Community Service Manager
a. Update the job description by October 1st
b. Post the position by November 1st
c. Manager in place by January 1st
(Copy on file in Auditor’s office). Motion carried unanimously.
Bob Lincoln discussed ongoing operating needs at the Friendship Center and noted they will secure bids for some appliance replacements. Mr. Lincoln also indicated he will have a formal assessment of the budget at the end of September.
Moved by Dencklau, seconded by Peterson to approve and authorize Chair to sign utility permit from Xenia Rural Water District to directional bore private water service line across Hayes Avenue approximately 60 feet north of 2694 Hayes Avenue in Section 29 Elkhorn Township. (Copy on file in Engineer’s office). Motion carried unanimously.
Moved by Peterson, seconded by Condon to approve and authorize Chair to sign contract documents with Graves Construction Company for bridge replacement Project BROS-CO94(96)—8J-94 on 240th Street Between Sections 11 and 14, Fulton Township. (Copy on file in Engineer’s office). Motion carried unanimously.
Moved by Condon, seconded by Fletcher to adjourn the meeting. Motion carried unanimously.
September 11, 2012
Board of Supervisiors Meeting
Tuesday September 11, 2012
10:00 a.m. Board of Supervisors' Room
Webster County Courthouse
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 September 4, 2012 regular meeting. Motion carried unanimously.
Moved by Condon, seconded by Fletcher to receive and place on file employment of Tami Birdsell, permanent part-time LPN for Webster County Health Department at the rate of $13.50 per hour, effective September 5, 2012. Motion carried unanimously.
Moved by Fletcher, seconded by Dencklau to approve wage increase for David Kraft, Correctional Officer to $14.74 per hour effective September 10, 2012. Motion carried unanimously.
Moved by Dencklau, seconded by Peterson to adopt the following Resolution:
A RESOLUTION SUPPORTING AN APPLICATION FOR IOWA GREAT PLACES GRANT
WHEREAS, Hamilton-Webster County were selected as a 2010 Iowa Great Place;
WHEREAS, Iowa Department of Cultural Affair’s Great Places Program is soliciting grant requests for its October 1,2012 – September 30, 2013 project period;
WHEREAS, in 2006, the Development Corporation of Fort Dodge and Webster County organized the Trails Task Force to develop a Plan for trail connections and extensions throughout Fort Dodge and Webster County;
WHEREAS, Fort Dodge and Webster County have secured funding to install 15 trail segments from 2010-2013 and are currently constructing said trails;
WHEREAS, private fundraising efforts have provided a portion of the necessary funding to complete the trails project;
WHEREAS, trail signage is indispensable in providing users information about the system and enhancing their experience;
NOW THEREFORE BE IT RESOLVED BY THE FORT DODGE CITY COUNCIL, THE WEBSTER COUNTY SUPERVISORS AND THE WEBSTER COUNTY CONSERVATION BOARD:
That the grant application to the Iowa Department of Cultural Affair’s Great Places program is hereby approved for submission.Passed and approved this 11th day of September, 2012.
s/Robert H. Singer
Robert Singer, Chairperson
Webster County Board of Supervisors
Motion carried unanimously.
Moved by Peterson, seconded by Condon to approve the following purchase offers for the Webster County Flood Buyout Grant Program:
1808 Scenic Drive |
$ 12,470.00
|
2191 160th Street |
$ 22,260.00
|
|
2209 160th Street |
$ 82,550.00
|
2185 160th Street |
$ 84,934.45
|
|
2205 160th Street |
$149,140.00
|
2201 160th Street |
$30,000.00
|
Motion carried unanimously.
Moved by Condon, seconded by Fletcher to receive and place on file Planning and Zoning Commission’s report and set October 2, 2012 at 10:00a.m. as the time and date for public hearing on the first consideration to amend Zoning Ordinance 046 to rezone property from ME to Transitional Ag Or A-2 in the east one-half of the Southeast Quarter of Section 9, Township 89 North, Range 29, West of the 5th P.M., Webster County, Iowa. (Michael Moore intends to build a house and pond). Motion carried unanimously.
Public hearing was held on the proposal to enter into a Development Agreement with CJ Bio America Inc. and Cargill, Incorporated and the proposal to enter into an agreement with CJ Bio America Inc. and the State of Iowa (Economic Development Financial Assistance Contract). No written or oral comments or objections were heard; therefore Chairman Singer closed the public hearing.
Moved by Fletcher, seconded by Dencklau to adopt the following resolution:
RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT WITH CJ BIO AMERICA, INC. AND CARGILL, INCORPORATED AND THE PROPOSAL TO ENTER INTO AN AGREEMENT WITH CJ BIO AMERICA, INC AND THE STATE OF IOWA (ECONOMIC DEVELOPMENT FINANCIAL ASSISTANCE CONTRACT) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF
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 an 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" or "Area") described therein, which Plan and Amendments are on file in the office of the Recorder of Webster County; and
WHEREAS, such Plan was amended by Amendment No. 1 (Resolution dated February 28, 2012) and Amendment No. 2 (Resolution dated August 21, 2012);
WHEREAS, it is desirable that properties within the Area be redeveloped as part of the overall redevelopment area covered by said Plan; and
WHEREAS, the County has received a proposal from CJ Bio America Inc. (the "Developer"), in the form of a proposed Development Agreement (the "Agreement") by and between the County, Cargill, Incorporated ("Owner") and the Developer, pursuant to which, among other things, the Developer would agree to construct certain Minimum Improvements (as defined in the Agreement) on certain real property located within the Webster County Regional Urban Renewal Area as defined and legally described in the Agreement and consisting of the construction of an industrial building for the production of amino acids by fermentation technology on land owned by the Owner. Such industrial facility is expected to require a total investment of approximately $291,000,000 with site preparation, building construction, machinery and equipment and computer hardware costs totaling approximately $190,000,000. The assessed value of the completed facility is expected to be at least $31,722,950 (as defined in the Development Agreement) on land owned by the Owner, described as the Development Property, together with all related site improvements, as outlined in the proposed Development Agreement; and
WHEREAS, the Agreement further proposes that the County will make an Economic Development Grant to Developer of up to $4,444,000, funded by the proceeds of an Urban Renewal Revenue Note, for reimbursement of the costs (a) to construct a rail spur to the facility (up to $1,944,000) and (b) for site preparation of the facility (up to $2,500,000) under the terms and following satisfaction of the conditions set forth in the Agreement and $279,000 for the local match for a RISE Grant for road improvements in the Area; and
WHEREAS, the County's incentive serves as a local match to the related agreement by and among the Developer, the County, and the State of Iowa for the Economic Development Financial Assistance Contract (the "State Agreement" and the "Development Agreement" are referred to as the "Agreements").
WHEREAS, one of the obligations of the Developer in the Agreements relate to employment creation and retention; and
WHEREAS, Iowa Code Chapters 15A and 403 authorize counties to make loans and grants for economic development in furtherance of the objectives of an urban renewal project and to appropriate such funds and make such expenditures as may be necessary to carry out the purposes of said Chapters, and to levy taxes and assessments for such purposes; and
WHEREAS, the Board has determined that the Agreement is in the best interests of the County and the residents thereof and that the performance by the County of its obligations thereunder is a public undertaking and purpose and in furtherance of the Plan and the Urban Renewal Law and, further, that the Agreement and the County's performance thereunder is in furtherance of appropriate economic development activities and objectives of the County within the meaning of Chapters 15A and 403 of the Iowa Code taking into account any or all of the factors set forth in Chapter 15A, to wit:
a. Businesses that add diversity to or generate new opportunities for the Iowa economy should be favored over those that do not.
b. Development policies in the dispensing of the funds should attract, retain, or expand businesses that produce exports or import substitutes or which generate tourism-related activities.
c. Development policies in the dispensing or use of the funds should be targeted toward businesses that generate public gains and benefits, which gains and benefits are warranted in comparison to the amount of the funds dispensed.
d. Development policies in dispensing the funds should not be used to attract a business presently located within the state to relocate to another portion of the state unless the business is considering in good faith to relocate outside the state or unless the relocation is related to an expansion which will generate significant new job creation. Jobs created as a result of other jobs in similar Iowa businesses being displaced shall not be considered direct jobs for the purpose of dispensing funds; and
WHEREAS, pursuant to notice published as required by law, this Board has held a public meeting and hearing upon the proposal to approve and authorize execution of the Agreement and has considered the extent of objections received from residents or property owners as to said proposed Agreement; and, accordingly the following action is now considered to be in the best interests of the County and residents thereof.
NOW THEREFORE, BE IT RESOLVED, BY THE Board of Supervisors OF Webster County IN THE STATE OF IOWA:
Section 1. That the performance by the County of its obligations under the Agreement, including but not limited to making of loans and grants to the Developer in connection with the development of the Development Property under the terms set forth in the Agreement, be and is hereby declared to be a public undertaking and purpose and in furtherance of the Plan and the Urban Renewal Law and, further, that the Agreement and the County's performance thereunder is in furtherance of appropriate economic development activities and objectives of the County within the meaning of Chapters 15A and 403 of the Iowa Code, taking into account the factors set forth therein.
Section 2. That the form and content of the Agreement, the provisions of which are incorporated herein by reference, be and the same hereby are in all respects authorized, approved and confirmed, and the Chairperson and the County Auditor be and they hereby are authorized, empowered and directed to execute, attest, seal and deliver the Agreement for and on behalf of the County in substantially the form and content now before this meeting, but with such changes, modifications, additions or deletions therein as shall be approved by such officers, and that from and after the execution and delivery of the Agreement, the Chairperson and the County Auditor are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Agreement as executed.
PASSED AND APPROVED this 11th day of September, 2012.
s/Robert H. Singer
Chairperson, Board of Supervisors
ATTEST:
S/Carol Messerly
County Auditor
Motion carried unanimously.
Public hearing was held on the proposal to enter into a Development Agreement with Cargill, Incorporated and the proposal to enter into an agreement with Cargill, Incorporated and the State of Iowa (Economic Development Financial Assistance Contract). No written or oral comments or objections were heard; therefore Chairman Singer closed the public hearing.
Moved by Peterson, seconded by Condon to adopt the following resolution:
RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT BY AND BETWEEN Webster County AND Cargill, IncorporatedAND THE PROPOSAL TO ENTER INTO AN AGREEMENT WITH CARGILL, INCORPORATED AND THE STATE OF IOWA (ECONOMIC DEVELOPMENT FINANCIAL ASSISTANCE CONTRACT)
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 an 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" or "Area") described therein, which Plan is on file in the office of the Recorder of Webster County; and
WHEREAS, such Plan was amended by Amendment No. 1 (Resolution dated February 28, 2012) and Amendment No. 2 (Resolution dated August 21, 2012);
WHEREAS, it is desirable that properties within the Area be redeveloped as part of the overall redevelopment area covered by said Plan; and
WHEREAS, the County has received a proposal from Cargill, Incorporated (the "Developer"), in the form of a proposed Development Agreement (the "Agreement") by and between the County and the Developer, pursuant to which, among other things, the Developer would agree to construct certain Minimum Improvements (as defined in the Agreement) on certain real property located within the Webster County Regional Urban Renewal Area as defined and legally described in the Agreement and consisting of the construction of renovation, and building improvements to the Existing Facility (as defined in the Development Agreement) on the Development Property in order to transform the Existing Facility into an integrated bio-refinery campus for the production of bio-based products, together with all related site improvements, as outlined in the proposed Development Agreement; and
WHEREAS, the Agreement further proposes that the County will make up to six (6) consecutive annual payments to Developer of Economic Development Grants in the form of a percentage of the Tax Increments generated from the renovation and building improvements, the cumulative total for all such payments not to exceed $304,000, under the terms and following satisfaction of the conditions set forth in the Agreement; and
WHEREAS, the County's incentive serves as a local match to the related agreement by and among the Developer, the County, and the State of Iowa for the Economic Development Financial Assistance Contract (the "State Agreement" and the "Development Agreement" are referred to as the "Agreements").
WHEREAS, one of the obligations of the Developer in the Agreements relates to employment creation and retention; and
WHEREAS, Iowa Code Chapters 15A and 403 authorize counties to make loans and grants for economic development in furtherance of the objectives of an urban renewal project and to appropriate such funds and make such expenditures as may be necessary to carry out the purposes of said Chapters, and to levy taxes and assessments for such purposes; and
WHEREAS, the Board has determined that the Agreement is in the best interests of the County and the residents thereof and that the performance by the County of its obligations thereunder is a public undertaking and purpose and in furtherance of the Plan and the Urban Renewal Law and, further, that the Agreement and the County's performance thereunder is in furtherance of appropriate economic development activities and objectives of the County within the meaning of Chapters 15A and 403 of the Iowa Code taking into account any or all of the factors set forth in Chapter 15A, to wit:
a. Businesses that add diversity to or generate new opportunities for the Iowa economy should be favored over those that do not.
b. Development policies in the dispensing of the funds should attract, retain, or expand businesses that produce exports or import substitutes or which generate tourism-related activities.
c. Development policies in the dispensing or use of the funds should be targeted toward businesses that generate public gains and benefits, which gains and benefits are warranted in comparison to the amount of the funds dispensed.
d. Development policies in dispensing the funds should not be used to attract a business presently located within the state to relocate to another portion of the state unless the business is considering in good faith to relocate outside the state or unless the relocation is related to an expansion which will generate significant new job creation. Jobs created as a result of other jobs in similar Iowa businesses being displaced shall not be considered direct jobs for the purpose of dispensing funds; and
WHEREAS, pursuant to notice published as required by law, this Board has held a public meeting and hearing upon the proposal to approve and authorize execution of the Agreement and has considered the extent of objections received from residents or property owners as to said proposed Agreement; and, accordingly the following action is now considered to be in the best interests of the County and residents thereof.
NOW THEREFORE, BE IT RESOLVED, BY THE Board of Supervisors OF Webster County IN THE STATE OF IOWA:
Section 1. That the performance by the County of its obligations under the Agreement, including but not limited to making of loans and grants to the Developer in connection with the development of the Development Property under the terms set forth in the Agreement, be and is hereby declared to be a public undertaking and purpose and in furtherance of the Plan and the Urban Renewal Law and, further, that the Agreement and the County's performance thereunder is in furtherance of appropriate economic development activities and objectives of the County within the meaning of Chapters 15A and 403 of the Iowa Code, taking into account the factors set forth therein.
Section 2. That the form and content of the Agreement, the provisions of which are incorporated herein by reference, be and the same hereby are in all respects authorized, approved and confirmed, and the Chairperson and the County Auditor be and they hereby are authorized, empowered and directed to execute, attest, seal and deliver the Agreement for and on behalf of the County in substantially the form and content now before this meeting, but with such changes, modifications, additions or deletions therein as shall be approved by such officers, and that from and after the execution and delivery of the Agreement, the Chairperson and the County Auditor are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Agreement as executed.
PASSED AND APPROVED this 11th day of September 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 from Gary J. Rees to connect approximately 185 feet of private tile from 23640 Nelson Avenue to existing tile line along east side of Nelson Avenue to improve drainage on property. 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.
September 18, 2012
Board of Supervisiors Meeting
Tuesday September 18, 2012
10:00 a.m. Board of Supervisors' Room
Webster County Courthouse
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 September 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.#172 Webster-#75 Calhoun & #78 Pocahontas and D.D.#4 Webster & #272 Hamilton. Motion carried unanimously.
Moved by Fletcher, seconded by Dencklau to accept resignation of Stephanie Bohan, Part-time Correctional Officer effective September 13, 2012. Motion carried unanimously.
Moved by Dencklau, seconded by Peterson to approve employment of Heidi Crane, Part-time Correctional Officer at the rate of $13.87 per hour effective October 2, 2012. Motion carried unanimously.
Moved by Peterson, seconded by Condon to approve wage increase for Melissa Nelson to $15.32 per hour effective September 27, 2012 and for Renee Ryan to $15.62 per hour effective September 20, 2012 per labor contract. Motion carried unanimously.
Moved by Condon, seconded by Fletcher to receive and place on file employment of Lindsay Kavanaugh, Permanent-part-time Community Wellness Educator at the rate of $12.00 per hour effective September 10, 2012 and Jennifer Chance Permanent-part-time Clerk at the rate of $9.50 per hour effective September 24, 2012. Motion carried unanimously.
Moved by Fletcher, seconded by Dencklau to receive and place on file merit pay increase for Dianne Kahl to $1,314.94 effective check date November 16, 2012 per Child Support Recovery Unit Supervisor. Motion carried unanimously.
Moved by Dencklau, seconded by Peterson to appointment of Amy Porter, Webster County Human Resource Director at an annual salary of $65,000.00 effective October 8, 2012.
Moved by Peterson, seconded by Condon to approve Class B Native Wine Permit Application for Crystalwood Creations effective October 12, 2012. Motion carried unanimously.
Moved by Condon, seconded by Fletcher to approve Change Order No. 10 for the 2010 Jail Repairs Project increasing Contract with Kolacia Construction in the amount of $4,392.62. (Copy on file in Auditor’s office). Motion carried unanimously.
Moved by Fletcher, seconded by Dencklau to approve and authorize Chair to sign Estoppel Certificate for Bank of America building. (Copy on file in Auditor’s office). Motion carried unanimously.
Moved by Dencklau, seconded Peterson to approve and authorize Chair to sign Addendum No. 30 of the Webster County Law Enforcement Center Memorandum of Understanding between Webster County and the City of Fort Dodge Police Department. (Copy on file in Auditor’s office). Motion carried unanimously.
Moved by Peterson, seconded by Condon to approve and authorize the Chair to sign letter of request for waiver from the requirement of Chapter 509A regarding our mini-self-funded insurance plan. (Copy on file in Auditor’s office). Motion carried unanimously.
A Public Hearing was held on the matter of the proposed authorization of a Loan Agreement and the issuance of not to exceed $1,500,000 General Obligation Capital Loan Notes, Series 2012, (for general county purpose) and the public hearing on the authorization and issuance thereof. No written or oral comments or objections were heard. Public Notice had been published and no such petition for an election had been filed; therefore Chairman Singer closed the public hearing.
Moved by Condon, seconded by Fletcher to adopt the following resolution:
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF not to exceed $1,500,000 general obligation CAPITAL LOAN noteS, SERIES 2012
WHEREAS, pursuant to notice published as required by law, this Board has held a public meeting and hearing upon the proposal to institute proceedings for the authorization of a Loan Agreement and the issuance of not to exceed $1,500,000 General Obligation Capital Loan Notes, Series 2012, for the purpose of paying costs of aiding in the planning, undertaking and carrying out of an urban renewal project, including funds to be loaned to the City of Fort Dodge to fund the oversizing of sewer and water services to accommodate future expansion of the County's Industrial Park, a general County purpose, and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the County and residents thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE Board of Supervisors OF Webster County, STATE OF IOWA:
Section 1. That this Board does hereby institute proceedings and take additional action for the authorization of a Loan Agreement and issuance in the manner required by law of not to exceed $1,500,000 General Obligation Capital Loan Notes, Series 2012, to evidence the obligation thereof for the foregoing purpose.
Section 2. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is reasonably expected that moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above loan agreement. The amounts so advanced shall be reimbursed from the proceeds of the Loan Agreement not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the loan amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted.
PASSED AND APPROVED this 18th day of September, 2012.
s/Robert Singer
Chairperson
ATTEST:
S/Carol Messerly
County Auditor
Motion carried unanimously.
Moved by Fletcher, seconded by Dencklau to adopt the following Resolution:
RESOLUTION APPROVING POST-ISSUANCE COMPLIANCE POLICY
WHEREAS, the County of Webster, sometimes hereinafter referred to as the County, is a political subdivision duly incorporated, organized and existing under and by virtue of the Constitution and laws of the State of Iowa; and
WHEREAS, various requirements apply under the Internal Revenue Code and Income Tax Regulations (hereinafter “IRS Requirements”) including information filing and other requirements related to issuance, the proper and timely use of bond-financed property, and arbitrage yield restriction and rebate requirements; and
WHEREAS, to comply with the IRS Requirements, governmental bond issuers must ensure that the rules are met at the time the bonds, capital loan notes or lease-purchase obligations (hereinafter “bonds”) are issued and throughout the term of the bonds; and
WHEREAS, this includes the continued review of post-issuance obligations and maintenance of records:
NOW THEREFORE, BE IT RESOLVED, BY THE BOARD OF SUPERVISORS OF WEBSTER COUNTY, STATE OF IOWA, THAT THE FOLLOWING WRITTEN PROCEDURES ARE ADOPTED WHICH SHALL APPLY WITH RESPECT TO ALL TAX-EXEMPT OBLIGATIONS INCURRED BY THE COUNTY:
Section 1. The “Post Issuance Compliance Policy” (hereinafter “Policy”) is hereby adopted and approved. (Copy on file in Auditor’s office)
Section 2. The official designated in said policy shall take any and all action necessary to properly implement the policy.
PASSED AND APPROVED this 18th day of September, 2012.
s/Robert H. Singer
Chairperson
ATTEST:
s/Carol Messerly
County Auditor
Motion carried unanimously.
Moved by Dencklau, seconded by Peterson to approve and authorize Chair to sign agreement with Iowa Department of Transportation for roadway maintenance on institutional roads within Brushy Creek Recreation Area as requested by authorized Department of Natural Resources personnel. (Copy on file in Engineer’s office). Motion carried unanimously.
Moved by Peterson, seconded by Condon to approve and authorize Chair to sign permit from Hutton Construction to modify entrances and reshape right of way along south side of 200th Street adjacent to Koch Nitrogen in Section 27, Colfax Township. (Copy on file in Engineer’s office). Motion carried unanimously.
Moved by Condon, seconded by Fletcher to approve resolution to install Yield sign for eastbound traffic at the intersection of 120th Street and Vincent Avenue. (Copy on file in Engineer’s office). Motion carried unanimously.
Moved by Fletcher, seconded by Dencklau to approve resolution to temporarily close Johnson Avenue to through traffic between Parker Drive and 200th Street for rail crossing repairs by Canadian National. Motion carried unanimously.
Moved by Dencklau, seconded by Peterson to approve resolution to temporarily close Mill Road to through traffic between 210th and 220th Streets for rail crossing repairs by Canadian National. Motion carried unanimously.
Harold Prior, Executive Director of Iowa Wind Energy Association to address the board regarding purpose of the Association and requested their cooperation in joining the Association. No action taken.
Moved by Peterson, seconded by Condon to adjourn the meeting. Motion carried unanimously.
September 25, 2012
Board of Supervisiors Meeting
Tuesday September 25, 2012
10:00 a.m. Board of Supervisors' Room
Webster County Courthouse
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 September 18, 2012 regular meeting. Motion carried unanimously.
Moved by Condon, seconded by Fletcher to approve request from the City of Fort Dodge to waive past due taxes on parcels #073122707 and 073122708 (former IBP Plant) since the City accepted the tax sale deeds said properties to clean up the site for redevelopment. Motion carried unanimously.
Moved by Fletcher, seconded by Dencklau to approve and authorize Chair to sign an Underwriting Engagement Letter with Ruan Securities/D.A. Davidson & Company and Webster County for the proposed offering and issuance of approximately $1,350,000 General Obligation Capital Loan Notes, Series 2012 for the over-sizing sewer and water line project at the Webster County Agricultural Park. (Copy on file in Auditor’s office). Motion carried unanimously.
Moved by Dencklau, seconded by Peterson to approve quote from Storey Kenworthy in the amount of $7,838.01 for office equipment in the County Attorney’s office. Motion carried unanimously.
Moved by Peterson, seconded by Condon to approve and authorize Chair to sign permit from Terry Parker to install two private water service lines from City of Fort Dodge water main to meter pits for new water service to 2042 and 2044 Parker Drive in Section 26, Douglas Township. (Copy on file in Engineer’s office). Motion carried unanimously.
Moved by Condon, seconded by Fletcher to approve and authorize Chair to sign permit from Xenia Rural Water District to install private water service line from Xenia water main to 2091 250th Street in Section 14, Elkhorn Township. (Copy on file in Engineer’s office). Motion carried unanimously.
Moved by Fletcher, seconded by Dencklau to receive and place on file 12-month wage increase to $19.90 per hour for Jacob Stewart, Class C Equipment Operator, effective September 26, 2012 per labor agreement. Motion carried unanimously.
Moved by Dencklau, seconded by Peterson to approve employment of Jeffrey Heun as Class A Equipment Operator in Secondary Road Department at the rate of $16.63 per hour, effective October 1, 2012. Motion carried unanimously.
Moved by Condon, seconded by Fletcher to allow claims. Motion carried unanimously.
Moved by Fletcher, seconded by Dencklau to adjourn the meeting. Motion carried unanimously.