Board of Supervisors

Webster County Board of Supervisors
Fort Dodge, IA 50501

 

Board of Supervisiors Meeting
Tuesday November 1, 2011

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:  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.