Board of Supervisors

Webster County Board of Supervisors
Fort Dodge, IA 50501

 

Board of Supervisiors Meeting
Tuesday Febrary 28, 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, Peterson, Condon and Fletcher.   Absent:  Dencklau.

Moved by Peterson, seconded by Condon to approve minutes of the February 21, 2012 regular meeting. Motion carried unanimously.

Public Hearing was held on the Adoption of Budget and Certification of Taxes for Fiscal Year July 1, 2012- June 30, 2013.  No written or oral comments being heard, Chairman Singer closed the public hearing.  Moved by Condon, seconded by Fletcher to approve the Adoption of Webster County’s Budget and Certification of Taxes, for Fiscal Year 2012-2013.  (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Fletcher, seconded by Peterson to approve salaries of elected officials for Fiscal Year 2012-2013 as follows: Supervisor $33,884; Chairman $34,664; Sheriff $76,348; Auditor, Treasurer and Recorder $57,302; and Attorney $89,972.  Motion carried unanimously.

Moved by Peterson, seconded by Condon to approve employment of Sara L. Schoon, temporary part-time clerk in Tax Department at the rate of $9.00 per hour, effective February 28, 2012.  Motion carried unanimously.

Moved by Condon, seconded by Fletcher to approve employment of the following Part-time Correctional Officers at the rate of $13.60 per hour:  Melissa Peterson, effective February 28, 2012 and Nicole Spencer, effective March 8, 2012.  Motion carried unanimously.

Moved by Fletcher, seconded by Peterson to approve proposal of Johnson Controls for replacement of heat pump at Bank Building in the amount of $7,128.00.  Motion carried unanimously.

Moved by Peterson, seconded by Condon to approve and authorize Chair to sign Amendment Number One to Project Grant Agreement between Iowa Homeland Security and Emergency Management Division and Webster County – Property Acquisition Project.

PROJECT GRANT AGREEMENT  between Iowa Homeland Security and Emergency Management Division (HSEMD) and Webster County
GRANT AGREEMENT NO HMGP  DR-1880-0037-01
PROJECT TITLE:  Webster County Property Acquisition Project

This is Amendment Number One to the above-referenced Project Grant Agreement (AGREEMENT) between Iowa Homeland Security and Emergency Management Division (HSEMD) and Webster County.  The original AGREEMENT was executed on 2/3/2012.
Page 3, Period of Performance, of the said AGREEMENT  is amended to include paragraph 3:
An exception to the local planning requirement for the SUBGRANTEE was granted by FEMA.  This exception allowed the SUBGRANTEE to pursue HMGP funds for eligible mitigation projects.  A stipulation of this planning exception is the completion of a FEMA approved local mitigation plan within 12 months of the initial project grant award.  With the approval of this project award, the local mitigation plan must be adopted and FEMA approved by or the project grant will be terminated and all incurred costs after termination will not be eligible for reimbursement.
All other paragraphs in said AGREEMENT remain unchanged.
IN WITNESS WHEREOF, HSEMD, the SUBGRANTEE, and the AUTHORIZED REPRESENTATIVE have executed this AGREEMENT by the signatures of authorized persons of the entities and on  the date indicated below:  

Iowa Homeland Security and                                                                  Webster County:
Emergency Management Division:

                                                                                    s/Robert H Singer         
Patrick J Hall                                                             Robert H Singer, Chairman

Motion carried unanimously.

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

RESOLUTION TO SUBMIT AN APPLICATION BY WEBSTER COUNTY TO THE DOT TIGER IV GRANTS PROGRAM FOR RAIL AND HIGHWAY IMPROVEMENTS
(FR Vol. 77, No. 20/Tuesday, January 31, 2012/Notices)

WHEREAS, Webster County is a duly recognized unit of local government acting under the laws of the State of  Iowa and is thus an eligible applicant for state and federal funding programs; and,

WHEREAS, the United States Congress authorized the DOT TIGER IV Grants Program to assist in the construction of transportation infrastructure that benefit industrial development initiatives; and,

WHEREAS, the TIGER IV program is designed to assist with construction of transportation infrastructure where improvements will significantly benefit larger industrial complexes that will have a significant impact upon a wider region and to provide industries that would meet national objectives of alternative energy, biotechnologies, and import substitution.

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

1.  The County will consider tax increment funds, subject to the legislative process necessary to amend or  create Urban Renewal Areas and subject to public hearing and sale of Urban Renewal Revenue Bonds; and,

2.  Accordingly, the Chairperson is hereby directed and authorized to execute an application for TIGER IV funds to the US Department of Transportation.

PASSED AND APPROVED this 28th day of February, 2012.

s/Robert H Singer                                                          s/Carol Messerly                      
Robert Singer, Chairperson                                          Carol Messerly, Auditor

Motion carried unanimously.

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

RESOLUTION TO SUBMIT AN APPLICATION BY WEBSTER COUNTY TO THE DOT TIGER IV GRANTS PROGRAM FOR RAIL AND HIGHWAY IMPROVEMENTS
(FR Vol. 77, No. 20/Tuesday, January 31, 2012/Notices)

WHEREAS, Webster County is a duly recognized unit of local government acting under the laws of the State of Iowa and is thus an eligible applicant for state and federal funding programs; and,

WHEREAS, the United States Congress authorized the DOT TIGER IV Grants Program to assist in the construction of transportation infrastructure that benefit industrial development initiatives; and,

WHEREAS, the TIGER IV program is designed to assist with construction of transportation infrastructure where improvements will significantly benefit larger industrial complexes that will have a significant impact upon a wider region and to provide industries that would meet national objectives of alternative energy, biotechnologies, and import substitution.

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

1.  The County will comply with the requirements of subchapter IV of Chapter 31 of Title 40, United States Code (Federal Wage Rate Requirements).

PASSED AND APPROVED this 28th day of February, 2012.

s/Robert H Singer                                                          s/Carol Messerly                      
Robert H Singer, Chairperson                                      Carol Messerly, Auditor

Motion carried unanimously.

Moved by Peterson, seconded by Condon to approve policy for dust control program, vendor permit form and patron acknowledgement form. (Copy on file in Engineer’s office).  Motion carried unanimously.

At 10:30a.m. Public Hearing was held to consider approval of a proposed amendment No. 1 to the Webster County Regional Urban Renewal Plan for an Urban Renewal Area in Webster County, Iowa.  No written or oral comments or objections were heard.  Chairman Singer closed the public hearing.

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

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. 1 TO THE Webster County REGIONAL 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 (the "Plan") for the Webster County Ag-Industrial Center Urban Renewal Plan Area (the "Urban Renewal Area") described therein, which Plan is on file in the office of the Recorder of Webster County; and

                WHEREAS, this Urban Renewal Area currently includes and consists of:

Webster County Ag – Industrial Center Urban Renewal Area

Original Area - 2007

The West Half (W ½ ) of Section Twenty (20), Township Eighty-nine (89) North,
Range Twenty-nine (29), West of the 5th P.M., Webster County, Iowa; And,

The North Part (N) of the Northwest Quarter of the  Northwest Quarter (NW ¼  NW ¼ ) North of the Railroad in Section Twenty-nine (29), Township Eighty-nine (89) North, Range Twenty-nine (29), West of the 5th P.M., Webster County, Iowa; And,

The North Part (N) of the Northeast Quarter of the  Northwest Quarter (NE ¼  NW ¼ ) North of the Railroad in Section Twenty-nine (29), Township Eighty-nine (89) North, Range Twenty-nine (29), West of the 5th P.M., Webster County, Iowa; And,

All that part of the South Fractional Half (S frl 1/2) lying North of Right of Way of Illinois Central Gulf Railroad Company of Section Nineteen (19), Township Eighty-nine (89) North, Range Twenty-nine (29), West of the 5th P.M., Webster County, Iowa;
And,

That part of the North Half (N ½ ) of the Northeast Quarter (NE ¼) of Section Thirty (30), Township Eighty-nine (89) North, Range Twenty-nine (29), lying North of the Illinois Gulf Central Railroad Company Right of Way, all West of the 5th P.M., Webster County, Iowa; And,

A parcel located in the Northeast Quarter (NE ¼ ) of Section Nineteen (19), Township Eighty-nine (89) North, Range Twenty-nine (29) West of the 5th P.M., Webster County, Iowa, more particularly described as follows: Commencing at the North Quarter Corner of said Section 19; thence South 88°43’40” East, 319.68 feet along the north line of said Northeast Quarter to the Northeast Corner of an existing tract as described in County Recorder’s Inst. #2003-00692; thence South 00°14’44” East, 86.20 feet along the east line of said existing tract to a point on the south right of way line of Highway #7 (said point also being the point of beginning); thence South 00°14’44” East, 2540.77 feet along said east line to a point on the south line of said Northeast Quarter; thence North

88°37’57” West, 120.05 feet along said south line; thence North 00°14’44” West, 2540.25 feet to a point on said south right of way line; thence South 88°52’48” East, 120.03 feet along said south right of way line to the point of beginning containing 7.00 acres total.  NOTE: For the purpose of this survey, the north line of said Northeast Quarter was determined to bear South 88°43’40” East using GPS.

                WHEREAS, a proposed Amendment No. 1 to the Webster County Regional Urban Renewal Plan for the area described below has been prepared, which proposed Amendment is on file in the office of the County Auditor and which is incorporated herein by reference, the purpose of which is to add additional land in order to accommodate new urban renewal projects and to rename the district from the Webster County Ag-Industrial Center Urban Renewal Area to the Webster County Regional Urban Renewal Area; and

            WHEREAS, this proposed Amendment No. 1 to the Urban Renewal Area adds land, as follows:

Area added as a result of Amendment #1 - 2012
Block 1 Lots 5,6,7,8, and 9, and adjoining alley, Block 4 lots 5, 6, 7, 8, 9 and Vacated Alley of the Original Town of Tara, Iowa; AND
Iowa Highway 7 from Fairbanks Avenue east approximately 2.5 miles to north-south Union Pacific railroad crossing at the northeast corner of Valero property; AND
Hayes Avenue south from Iowa Highway 7 south and east approximately 1.5 miles to north-south Union Pacific railroad crossing at the southeast corner of Cargill property in Tara; AND
First Street south from Powers Street to Hayes Avenue in Original Towns of Tara, Iowa; AND
Powers Street between First Street and Taylor Street in Original Towns of Tara, Iowa; AND
Taylor Street south from 200th Street to Hayes Avenue; AND
Harvest Avenue from Iowa Highway 7 south approximately 0.5 mile to Cargill property; AND
Fairbanks Avenue from Iowa Highway 7 south approximately 0.75 mile to the east-west Canadian National Railroad crossing; AND
The Northwest Quarter (1/4) of Section 24,  Township Eighty-nine (89) North, Range Thirty (30), West of the 5th P.M.,  AND

The Northeast Quarter (1/4) of Section 24,  Township Eighty-nine (89) North, Range Thirty (30), West of the 5th P.M., and

The Southwest (1/4) of Section 24 North of the Railroad,  Township Eighty-nine (89) North, Range Thirty (30), West of the 5th P.M., AND

The Southeast (1/4) of Section 24 North of the Railroad,  Township Eighty-nine (89) North, Range Thirty (30), West of the 5th P.M., AND

The Northwest Quarter (1/4) of Section 19, Township Eighty-nine (89) North, Range Twenty-Nine (29), West of the 5th P.M.,  AND

The Northeast Quarter (1/4) of Section 19, Township Eighty-nine (89) North, Range Twenty-Nine (29), West of the 5th P.M., Webster County, Iowa.

The area includes the full right-of-way of all adjacent roads.
            WHEREAS, this Area is within two miles of the City of Barnum and the County has entered into a joint agreement with said City to allow the County to operate within the Area; and
                WHEREAS, the proposed urban renewal area includes land classified as agricultural land and written permission of the current owners has been obtained; and
                WHEREAS, it is desirable that these areas be redeveloped as part of the overall redevelopment area covered by the proposed Amendment No. 1 to the Webster County Regional  Urban Renewal Plan to be known hereafter as the "Webster County Regional  Urban Renewal Plan"; and
                WHEREAS, the Iowa statutes require the Board of Supervisors to submit the proposed Amendment No. 1 to the Webster County Regional  Urban Renewal Plan to the Planning and Zoning Commission for review and recommendation as to its conformity with the general plan for development of the County as a whole, prior to Board of Supervisors approval thereof; and
                WHEREAS, adoption of Amendment No. 1 to the Webster County Regional  Urban Renewal Plan has been approved by the Planning and Zoning Commission for the County as being in conformity with the general plan for development of the County as a whole, as evidenced by its written report and recommendation filed herewith, which report and recommendation is hereby accepted, approved in all respects and incorporated herein by this reference; and
                WHEREAS, by resolution adopted on January 31, 2012, this Board directed that a consultation be held with the designated representatives of all affected taxing entities to discuss the proposed Amendment No. 1 to the Webster County Regional  Urban Renewal Plan and the division of revenue described therein, and that notice of the consultation and a copy of the proposed Amendment No. 1 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 Designated Representative 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. 1 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. 1 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 findings and conclusions set forth or contained in Amendment No. 1 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:

  1. 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;
  2. The Plan, as amended, and Amendment No. 1 to the Webster County Regional  Urban Renewal Plan conform to the general plan for the development of the County as a whole; and
  3. 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:
      1. 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.
      2. 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.
      3. 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.
      4. 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 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. 1 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. 1 to the Webster County Regional   Urban Renewal Plan for Webster County, State of Iowa"; Amendment No. 1 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. 1 with the proceedings of this meeting.

Section 5. That 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 Amendment. The proposed Amendment No. 1 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. 1, 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 28th day of February, 2012.

s/Robert H Singer                                                          s/Carol Messerly                      
Robert H Singer, Chairperson                                         Carol Messerly, Auditor

Motion carried unanimously.

Moved by Peterson, seconded by Condon to consider Ordinance 048, and Ordinance providing that general property taxes levied and collected each year on all property located within the amended Webster County Regional Urban Renewal Area, in Webster County, State of Iowa, by and for the benefit of the State of Iowa, Webster County, Manson Northwest Webster Community School District, Iowa Central Community College and other taxing district, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by the County in connection with the amended Webster County Regional Urban Renewal Area.

Moved by Fletcher, seconded by Condon to amend the previous motion to include approving first consideration,  to waive second and third considerations; and further to adopt Ordinance 048, and Ordinance providing that general property taxes levied and collected each year on all property located within the amended Webster County Regional Urban Renewal Area, in Webster County, State of Iowa, by and for the benefit of the State of Iowa, Webster County, Manson Northwest Webster Community School District, Iowa Central Community College and other taxing district, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by the County in connection with the amended Webster County Regional Urban Renewal Area.  Roll call vote:  Ayes – Singer, Peterson, Condon and Fletcher.  Nays – None.  Absent: Dencklau.  Motion carried unanimously.

Connie Johnson, Nate Seeden, John Foley, William Busse and Margo Knippel voiced conceptual concerns relating to possible future development in the area south of the current urban renewal area.  The focus of their concerns dealt with the Board of Supervisors communicating with the landowners living in the area of development and providing them an opportunity to give their input in the planning stages of any future development.

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

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