Regular Meeting

September 12, 2006

 

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

 

Moved by Lizer, seconded by Gill to approve minutes of September 5, 2006 regular meeting. Motion carried unanimously.

 

Moved by Gill, seconded by Condon to approve and authorize Chair to sign the following Proclamation:

 

 

PROCLAMATION

 

 

WHEREAS:  September 17, 2006 marks the two hundred nineteenth anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention: and

 

WHEREAS:  It is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary; and to the patriotic celebration which will commemorate the occasion; and

 

WHEREAS: Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week,

 

NOW, THEREFORE I, Greg Nolting by virtue of the authority vested in me as Chairperson of Board of Supervisors in Webster County, Iowa do hereby proclaim the week of September 17 through 23 as CONSTITUTION WEEK

 

AND ask our citizens to reaffirm the ideals of the Framers of the constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of Webster County to be affixed the 12th day of September of the year of our Lord two thousand and six.

 

WEBSTER COUNTY BOARD OF SUPERVISORS

 

S/Greg Nolting Chairperson                 

             

 Motion carried unanimously.

 

Moved by Condon, seconded by Magnusson to receive and place on file resignation of Pat Porter on the Veteran Affairs Commission effective September 7, 2006.  Motion carried unanimously.

 

Moved by Magnuson, seconded by Lizer to approve and authorize Chair to sign letter of recommendation of Animal Feeding Operation for Tom 1 Finisher Farm, in Section 6, Roland Township. (Copy on file in Auditor’s office).  Motion carried unanimously.

 

Moved Lizer, seconded by Gill to approve Economic Development Funding for Fiscal Year 2006-2007.  Motion carried unanimously.

 

Moved by Gill, seconded by Condon to approve retaining the services of Simmering-Cory to initiate the development of an Urban Renewal Plan, in Webster County.  Motion carried unanimously.

 

Moved by Condon, seconded by Magnusson to approve and authorize Chair to sign Iowa Department of Transportion Funding Agreement Number 1-06-HBRRS-019 for Bridge Replacement Project BROS-CO94(67)-5F-94 on Hayes Avenue between Sections 7 & 8, Deer Creek Township. (Copy on file in Engineer’s office).  Motion carried unanimously.

 

Moved by Magnusson, seconded by Lizer to approve resolution to temporarily close 130th Street between Sections 14 & 23, Newark Township for railroad crossing work.  Motion carried unanimously.

 

Moved by Lizer, seconded by Gill to approve resolution to temporarily close Xavier Avenue in Section 14, Newark Township for railroad crossing work.  Motion carried unanimously.

 

Moved by Gill, seconded by Condon to approve and authorize chair to sign utility permit application from Asa Goodpaster and Martin Hildreth to directional bore under Routes P71 and C56 to provide water line to new house at 1402 Vincent Avenue in Section 127, Newark Township. (Copy on file in Engineer’s office).  Motion carried unanimously.

 

Moved by Condon, seconded by Magnusson to approve and authorize Chair to sign utility permit application from North Central Iowa Regional Solid Waste Agency to bury electrical service for new building at 2281 Gypsum Hollow Road.  (Copy on file in Engineer’s office).  Motion carried unanimously.

 

Moved by Magnusson, seconded by Lizer to approve and authorize Chair to sign utility permit application from Frontier Communications to install approximately 1295 feet of new copper telephone cable along the east side of National Avenue in Section 30, Badger Township.  (Copy on file in Engineer’s office).  Motion carried unanimously.

 

Moved by Lizer, seconded by Gill to approve and authorize chair to sign utility permit application from MidAmerican Energy to construct overhead electric line along south side of 240th Street from Baxter Avenue east approximately one-half mile and remove approximately one-half mile of existing overhead electric line along the east side of Baxter Avenue between 230th and 240th Streets in Fulton Township.  (Copy on file in Engineer’s office).  Motion carried unanimously.

 

Moved by Gill, seconded by Condon to approve and authorize Chair to sign and send the following letter of understanding summarizing the assistance and benefits from Webster County for Tate & Lyle’s construction of a 150,000 bushel per day corn wet mill for the production of industrial starches west of Fort Dodge:             

 

 

 

September 12, 2006

 

Doug Mortensen & James Cornelissen           

Tate & Lyle                                                       

2200 East Eldorado Street                                             

Decatur, Illinois 62525                                                 

 

Gentlemen:

 

This letter is to summarize our understanding of the assistance and benefits sponsored by Webster County for Tate & Lyle’s construction of a 150,000 bushel per day corn wet mill for the production of industrial starches west of Fort Dodge, Iowa.

 

10-Year Tax Abatement - Webster County will, pursuant to Iowa Code Section 15.332, exempt from taxation all of the actual value added by the Project to real property that is directly related to the new jobs created by the Project for a period of 10 years, beginning with the year the improvements are first assessed for taxation.

 

New Public Road Access and Job Guarantee - Webster County agrees to construct a new public road access and turning lanes beginning approximately 0.4 mile west of Hayes Avenue and then south 0.5 mile to Tate & Lyle’s property in the South Half of Section 19, T-89N, R-29W, Douglas Township.  The road construction will commence next spring.  Estimated cost is $1 million and will be paid for with a $600,000 RISE grant and the remainder split equally between Tate & Lyle and Webster County, with Webster County’s share not to exceed $250,000.  The $600,000 RISE grant is based on $6,000 per job for 100 jobs and Tate & Lyle will indemnify Webster County in the event the 100 jobs are not achieved or met.

 

Temporary and Permanent Closure of Hayes Avenue - Webster County agrees to temporarily close the portion of Hayes Avenue per your letter dated July 31, 2006, which allows you to initiate site construction that we understand will commence in October.  Webster County will then proceed with permanent closure of said portion of Hayes Avenue in the next 60 days.

 

Directional Sign – Webster County agrees to allow Tate & Lyle to place a temporary 2-sided directional sign within the public right of way of Hayes Avenue south of Iowa Highway 7 to assist traffic to the site during construction.

 

This letter will serve as our understanding of the assistance and benefits between Webster County and Tate & Lyle, subject to the execution of a written agreement between both parties. 

 

We are looking forward to the groundbreaking ceremonies on September 27th!

 

Sincerely,

 

 

 

S/Greg Nolting, Chairman

Webster County Board of Supervisors

 

 

  Motion carried unanimously.

 

At 10:30a.m. a Public Hearing was held on proposals to classify a portion of public road in Section 10, T-86N, R-27W and a portion of public road in Sections 26 and 27, T-87N, R-27W as Area Service “C” (Hardin Township). No written or oral comments or objections being heard, Chairman Nolting closed the public hearing.  Moved by Condon, seconded by Magnusson to approve:

 

RESOLUTION CLASSIFYING A PORTION OF PUBLIC ROAD

IN SECTION 10, T-86N, R-27W AS AREA SERVICE “C”

 

WHEREAS, the Webster County Board of Supervisors, after consultation with the County Engineer, has the authority to specify certain roads within the County as Area Service “C” roads pursuant to Iowa Code Section 309.57, and

 

WHEREAS, a public hearing was held at 10:30 A.M. on September 12, 2006 in the Board of Supervisors Room at the Webster County Courthouse in Fort Dodge, Iowa, on classifying the following described parcel of road right of way as Area Service “C”:

 

The portion of public right of way starting near the NW Corner of the SW1/4 of the SW1/4 of Section 10, Township 86 North, Range 27 West and running northeasterly to a point near the NE Corner of the SW1/4 of the NW1/4 of said Section 10, formally described as follows:  That portion of the change in the Landreth & Skillet Creek Road (Book 3, PP 228) and the Landreth School House & Hardin's Ferry Road (Book 1, PP 77) commencing at the Cedar Center Road (As constructed) and thence running northeasterly to a point on the South Line of the North 1/2 of Government Lot 5, all in Section 10, Township 86 North, Range 27 West.  According to the Secondary Road County Engineers Listing for Webster County, this segment of road is 0.528 miles and was reclassified as a "Class B" road by action of the Webster County Board of Supervisors on July 16, 1991 (Book 21, PP 151).

 

WHEREAS, proper and legal notice and publication were served and published according to the Code of Iowa, and

 

WHEREAS, the Iowa Department of Natural Resources submitted a letter dated April 16, 2004 requesting that said parcel of road right of way be closed due to a continuous problems with trash dumping, illegal off-roading, and other illegal actions, and

 

WHEREAS, there were no claims or objections received, either in writing or by persons present.  

 

NOW, THEREFORE, BE IT RESOLVED, that the Webster County Board of Supervisors hereby classifies the following described parcel of road right of way as Area Service “C”:

 

The portion of public right of way starting near the NW Corner of the SW1/4 of the SW1/4 of Section 10, Township 86 North, Range 27 West and running northeasterly to a point near the NE Corner of the SW1/4 of the NW1/4 of said Section 10, formally described as follows:  That portion of the change in the Landreth & Skillet Creek Road (Book 3, PP 228) and the Landreth School House & Hardin's Ferry Road (Book 1, PP 77) commencing at the Cedar Center Road (As constructed) and thence running northeasterly to a point on the South Line of the North 1/2 of Government Lot 5, all in Section 10, Township 86 North, Range 27 West.  According to the Secondary Road County Engineers Listing for Webster County, this segment of road is 0.528 miles and was reclassified as a "Class B" road by action of the Webster County Board of Supervisors on July 16, 1991 (Book 21, PP 151).

 

 

S/Greg Nolting, Chairperson

               Webster County Board of Supervisors                                                                             Date:  09/12/2006

 

ATTEST:

                                                                       

S/Carol Messerly                                                                                         

Webster County Auditor                                                                                                    

 

 

RESOLUTION ESTABLISHING A PORTION OF PUBLIC ROAD

IN SECTIONS 26 & 27, T-87N, R-27W AS AREA SERVICE “C”

 

WHEREAS, the Webster County Board of Supervisors, after consultation with the County Engineer, has the authority to specify certain roads within the County as Area Service “C” roads pursuant to Iowa Code Section 309.57, and

 

WHEREAS, a public hearing was held at 10:30 A.M. on September 12, 2006 in the Board of Supervisors Room at the Webster County Courthouse in Fort Dodge, Iowa, on classifying the following described parcel of road right of way as Area Service “C”:

 

That portion of public right of way starting near the NW Corner of the NE/14 of the SE1/4 of Section 27, Township 87 North, Range 27 West and running easterly to a point near the NW Corner of the NE1/4 of the SW1/4 of Section 26, Township 87 North, Range 27 West and described on Page 255 in Supervisors Journal No. 21 on July 18, 1950 as “a road 66’ in width thru parts of Sections 26 and 27, Twp. 87N Range 27W to be known as the Quinn & Long Road”.  According to the Secondary Road County Engineers Listing for Webster County, this segment of road is 0.541 miles and is the portion of 325th Street east of Washington Avenue, and

 

WHEREAS, proper and legal notice and publication were served and published according to the Code of Iowa, and

 

WHEREAS, Timothy J. Finucan and John Russell submitted letters dated January 27, 2004 requesting that access to said parcel of road right of way be limited by a gate, and

 

WHEREAS, there were no claims or objections received, either in writing or by persons present.

 

NOW, THEREFORE, BE IT RESOLVED, that the Webster County Board of Supervisors hereby classifies the following described parcel of road right of way as Area Service “C”:

 

That portion of public right of way starting near the NW Corner of the NE/14 of the SE1/4 of Section 27, Township 87 North, Range 27 West and running easterly to a point near the NW Corner of the NE1/4 of the SW1/4 of Section 26, Township 87 North, Range 27 West and described on Page 255 in Supervisors Journal No. 21 on July 18, 1950 as “a road 66’ in width thru parts of Sections 26 and 27, Twp. 87N Range 27W to be known as the Quinn & Long Road”.  According to the Secondary Road County Engineers Listing for Webster County, this segment of road is 0.541 miles and is the portion of 325th Street east of Washington Avenue

 

S/Greg Nolting, Chairperson

               Webster County Board of Supervisors                                                                             Date:  09/12/2006

 

      

 

 

 

 

 

ATTEST:

 

S/Carol Messerly

Webster County Auditor

 

 Motion carried unanimously.

 

At 11:00a.m. a General Relief Appeal Hearing was scheduled.  Appellant notified the General Relief Director that due to illness she could not attend today’s hearing and requested the hearing be rescheduled.  Moved by Magnusson, seconded by Lizer to set September 26, 2006, at 10:30a.m. as the time and date for General Relief Appeal Hearing.  Motion carried unanimously.

 

Moved and seconded the meeting adjourned.