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Board Minutes – February 28, 2022

The Adams County Board of Supervisors met on Monday, February 28, 2022 at 9:00 am with the following members present: Bobbi Maynes, Leland Shipley, Merlin Dixon, Scott Akin, and Doug Birt. The meeting was called to order by Chairperson Birt and the Pledge of Allegiance was recited. Akin moved, seconded by Maynes to approve the agenda for the day and to approve the minutes of the February 22, 2022 meeting.  All supervisors voted aye.  Motion carried.

During the Public Comments Beth Waddle showed the board the new Adams Community Economic Development website which is the home for ACEDC as well as the Chamber of Commerce and Main Street Corning. There are many new features and opportunities on the website which may be of interest to the board. Waddle also discussed a new partnership with three surrounding counties, Montgomery, Page, and Taylor, in trying to update the broadband maps to be a more accurate depiction of actual broadband availability.

Discussion on the 28E agreement between Adair and Adams County on using Adair County’s Engineer during the interim of finding a new Engineer was tabled.

Akin moved, seconded by Dixon to approve Resolution 2022-7 Salaries and Wages for FY 22-23.  All supervisors voted aye.  Motion carried. The original resolution is on file for review in the Auditor’s Office.

Dixon moved, seconded by Maynes to open the public hearing at 10:00 am on Designation of the Adams County Courthouse Urban Renewal Area and on the Urban Renewal Plan and Project. All supervisors voted aye.  Motion carried. There were no written or oral objections. Shipley moved, seconded by Akin to close the public hearing at 10:05 am. All supervisors voted aye.  Motion carried.

Akin moved, seconded by Maynes to approve Resolution 2022-8 to Declare Necessity and Establish an Urban Renewal Area, Pursuant to Section 403.4 of the Code of Iowa and Approve Urban Renewal Plan and Project for the Adams County Courthouse Urban Renewal Area.

Resolution 2022-08

A Resolution to Declare Necessity and Establish an Urban Renewal Area, Pursuant to Section 403 .4 of the Code of Iowa and Approve Urban Renewal Plan and Project for the Adams County Courthouse Urban Renewal Area

WHEREAS, as a preliminary step to exercising the authority conferred upon Iowa counties by Chapter 403 of the Code of Iowa, the “Urban Renewal Law,” a county must adopt a resolution finding that one or more slums, blighted or economic development areas exist in the county and that the development of such area or areas is necessary in the interest of the public health, safety or welfare of the residents of the county; and

WHEREAS, it has been recommended to the Board of Supervisors of Adams County, Iowa (the “County”) that the Adams County Courthouse Urban Renewal Area (the “Urban Renewal Area”) be established containing the real property (the “Property”) described on Exhibit A to this Resolution; and

WHEREAS, the proposal demonstrates that sufficient need exists to warrant finding the Property to be an economic development area; and

WHEREAS, an urban renewal plan (the “Plan”) has been prepared for the governance of projects and initiatives to be undertaken within the Urban Renewal Area and which authorizes a certain initial urban renewal project (the “Project”) to be undertaken in the Urban Renewal Area consisting of constructing improvements to the Adams County Courthouse; and

WHEREAS, notice of a public hearing by the Board of Supervisors on the question of establishing the Urban Renewal Area and on the proposed Plan and the Project was heretofore given in strict compliance with the provisions of Chapter 403 of the Code of Iowa, and the Board has conducted said hearing on February 28, 2022; and

WHEREAS, the Property lies within the incorporated limits of the City of Corning, Iowa (the “City”), and a certain agreement (the “Joint Agreement”) has been executed by the City to satisfy the consent requirements of Section 403 .1 7 of the Code of Iowa; and

WHEREAS, copies of the Plan, notice of public hearing and notice of a consultation meeting with respect to the Plan were mailed to the City and the Southwest Valley Community School District; the consultation meeting was held on February 10, 2022; and responses to any comments or recommendations received following the consultation meeting were made as required by law;

NOW, THEREFORE, It Is Resolved by the Board of Supervisors of Adams County, Iowa, as follows:

Section 1.  An economic development area as defined in Chapter 403 of the Code of Iowa is found to exist on the Property,

Section 2. The Property is hereby declared to be an urban renewal area, in conformance with the requirements of Chapter 403 of the Code of Iowa, and is hereby designated the Adams County Courthouse Urban Renewal Area.

Section 3.  The development of the Property is necessary in the interest of the public health, safety or welfare of the residents of the County.

Section 4. It is hereby determined by this Board of Supervisors as follows:

A.        The Plan conforms to the general plan for the development of the County;

B.        Proposed development in the Urban Renewal Area is necessary and appropriate to facilitate the proper growth and development of the County in accordance with sound planning standards and local community objectives; and

C.        It is not anticipated that any families will be displaced in connection with the County’s undertakings under the Plan. Should such issues arise, then the County will develop a feasible method of relocating any displaced persons into decent, safe and sanitary dwelling accommodations within their means and without undue hardship.

Section 5. The Plan is made a part hereof and is hereby in all respects approved in the form presented to this Board, and the County is hereby authorized to undertake the projects and initiatives described therein. The Joint Agreement is hereby approved, and the Chairperson and County Auditor are hereby authorized and directed to execute said Joint Agreement on behalf of the County.

Section 6.  All resolutions or parts thereof in conflict herewith are hereby repealed, to the extent of such conflict.

EXHIBIT A

PROPERTY DESCRIPTION

Adams County Courthouse Urban Renewal Area

Certain real property situated in the City of Corning, Adams County, State of Iowa bearing Adams County Property Tax Parcel Identification Numbers:  9282100, 9309100, 3999100.

All supervisors voted aye.  Motion carried. Passed and approved February 28, 2022.  The original resolution is on file in the Auditor’s Office.

Akin moved, seconded by Maynes to Approve Resolution 2022-9 to fix a date of March 21, 2022 at 10:00 am for public hearing on proposal to enter into General Obligation Urban Renewal Courthouse Improvement Loan Agreement and to borrow money thereunder.

Resolution 2022-9

Resolution to fix a date for public hearing on proposal to enter into General Obligation Urban Renewal Courthouse Improvement Loan Agreement and to borrow money thereunder

WHEREAS, the Board of Supervisors (the “Board”) of Adams County, Iowa (the “County”), has established the Adams County Courthouse Urban Renewal Area (the “Urban Renewal Area”); and

WHEREAS, the Board proposes to enter into a General Obligation Urban Renewal Courthouse Improvement Loan Agreement (the “Loan Agreement”) and to issue general obligation bonds in a principal amount not to exceed $8,500,000 pursuant to the provisions of Subsection 331.441(2)(b)(l4), Section 331.402, Section 331.442, and Chapter 403 of the Code of Iowa, for the purpose of carrying out the Adams County Courthouse Project (the “Courthouse Project”), a project in the Adams County Courthouse Urban Renewal Area authorized by action of the Board on February 28, 2022, and in lieu of calling an election thereon, the County desires to institute proceedings to enter into the Loan Agreement by causing a notice of such proposal to be published, including notice of the right to petition for an election, under the provisions of Section 331.442(5) of the Code of Iowa; and it is now necessary to fix a date of meeting of the Board of Supervisors at which it is proposed to take action to enter into the Loan Agreement and to give notice thereof as required by such law;

NOW, THEREFORE, Be It Resolved by the Board of Supervisors of Adams County, Iowa, as follows: 

Section 1.  This Board will meet on March 21, 2022, at the Adams County Courthouse, Corning, Iowa at 10 o’clock a.m. at which time and place a hearing will be held and proceedings will be instituted and action taken and enter into the Loan Agreement.

Section 2. The County Auditor is hereby directed to give notice of the proposed action on the Loan Agreement and setting forth the amount and purpose thereof, the time when and place where the said meeting will be held by publication at least once and not less than 10 and not more than 20 days before the date selected for the meeting, in a legal newspaper which has a general circulation in the County. The notice shall be in substantially the following form:

NOTICE OF PROPOSED ACTION TO INSTITUTE PROCEEDINGS TO ENTER INTO A LOAN AGREEMENT AND TO BORROW MONEY THEREUNDER IN A PRINCIPAL AMOUNT NOT TO EXCEED $8,500,000

(GENERAL OBLIGATION)

The Board of Supervisors of Adams County, Iowa, will meet on March 21, 2022, at the Adams County Courthouse , Corning, Iowa, at 10 O o’clock a.m., for the purpose of instituting proceedings and taking action on a proposal to enter into a loan agreement (the “Loan Agreement”) and to borrow money thereunder in a principal amount not to exceed $8,500,000 for the purpose of paying the costs, to that extent, of carrying out the Adams County Courthouse Project, a project in the Adams County Courthouse Urban Renewal Area authorized by action of the Board of Supervisors on February 28, 2022.

The Loan Agreement is proposed to be entered into, and bonds will be issued thereunder, pursuant to authority contained in Section 331.402 and Section 331.441(2)(b)(14) of the Code of Iowa. The Loan Agreement and the bonds will constitute general obligations of the County.

At that time and place, oral or written objections may be filed or made to the proposal to enter into the Loan Agreement. After receiving objections, the County may determine to enter into the Loan Agreement, in which case, the decision will be final unless appealed to the District Court within fifteen (15) days thereafter.

At any time before the date fixed for taking action to enter into the Loan Agreement, a petition may be filed with the County Auditor asking that the question of entering into the Loan Agreement be submitted to the registered voters of the County, pursuant to the provisions of Section 331.441 (2)(b )(14) of the Code of Iowa.

By order of the Board of Supervisors of Adams County, Iowa.  Rebecca Bissell, Auditor

Section 3. Pursuant to Section 1.150-2 of the Income Tax Regulations (the “Regulations”) of the Internal Revenue Service, the County declares (a) that it intends to undertake the Courthouse Project which are reasonably estimated to cost approximately $8,500,000, (b) that other than (i) expenditures to be paid or reimbursed from sources other than the issuance of bonds, notes or other obligations (the “Bonds”), or (ii) expenditures made no earlier than 60 days prior to the date of this Resolution or a previous intent resolution of the County, or (iii) expenditures amounting to the lesser of $100,000 or 5% of the proceeds of the Bonds, or (iv) expenditures constituting preliminary expenditures as defined in Section 1.150-2([)(2) of the Regulations, no expenditures for the Projects have heretofore been made by the County and no expenditures will be made by the County until after the date of this Resolution or a prior intent resolution of the County, and (c) that the County reasonably expects to reimburse the expenditures made for costs of the County out of the proceeds of the Bonds. This declaration is a declaration of official intent adopted pursuant to Section 1.150-2 of the Regulations.

Section 4.  All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict.

Section 5.  This resolution shall be in full force and effect immediately after its adoption and approval, as provided by law. 

All supervisors voted aye.  Motion carried.  Passed and approved February 28, 2022.  The original resolution is on file in the Auditor’s Office.

Shipley moved, seconded by Akin to set the Max Levy Budget Hearing for March 14, 2022 at 10:00 am. All supervisors voted aye.  Motion carried.

Shipley moved, seconded by Maynes to open the Public Hearing at 10:30 am for reclassification of Union Avenue Sec 3 of Colony Township. All supervisors voted aye.  Motion carried. There were no written or oral objections. Maynes moved, seconded by Akin to close the public hearing at 10:35 am. All supervisors voted aye.  Motion carried.

            Department Head Reports: Conservation – Marti Sutton accepted the job offer for the Park Aide position. She will start in a couple weeks. Still working on quotes to see if they will fix or get a new UTV. Sheriff – With gas prices going up the current FY 22 budget will more than likely need to be amended.  Secondary Roads – Received some piling for an upcoming bridge project and might have found a storage solution for the extra loads of sand that are to be delivered. Auditor – Special Election for Creston School District is tomorrow March 1. Poll is open from 7 am-8 pm. Bissell received guidance from the Secretary of State’s legal council and they are recommending 100 signatures for the Plan 3 counties for offices on the primary ballot. Recorder, Treasurer, EMA, and IT all stated business as usual.

Maynes moved, seconded by Shipley to approve the claims as follows. All supervisors voted aye.  Motion carried.

Access Sytms Repairs            646.80 1
Adams Co. Elect repair            850.94 1
Adams Co. Elect Elect Sup.& Parts            156.00 1
Free Press Legal            594.35 1
Bette Agnew Township Clerk Fee              40.00 1
Akin Repair                 6.19 1
Alliant Energy Util            329.64 2
Alliant Energy Utilities            295.53 1
Howard Anderson Township Trustee Fee              30.00 1
Anderson,Tanner Reg fees/Meet/Sc            495.00 1
Anderson,Karla School or mtg exp            156.40 1
Ashenfelter,Don Safety Allow Reimb            150.00 1
CCPOA of IA Reg              40.00 1
Cintas safety              85.37 1
Chris Cooper Township Trustee Fee              30.00 1
Corning Mun utilities        1,399.33 1
Corning Mun Util        3,765.92 3
CSSI- Terry Taylor Data Processing Exp            221.25 1
Dollar General sup              23.70 1
Fastenal Co sup            491.35 1
FMTC Phone & Fax Service            635.89 1
Wm Forsythe Fee              30.00 1
Frank’s Body Repair            129.32 1
Frontier Serv              63.99 1
Garden & Assoc outside engineer        1,077.52 1
Grundman,Mike School or mtg exp            107.60 1
Heartland Business Computer Maint        1,159.11 1
Hogan,Jamie Serv            143.50 1
HyVee Sup            207.69 2
IA Dept of Ag & Land Dues & Members                 4.50 1
IA Law Academy Edu      13,300.00 1
ICACMP Contrib.-Oth Gov.&Org    177,000.00 1
Infomax Equip            150.08 2
ISSDA School or mtg exp            250.00 1
JEO Consulting outside engineering        1,616.25 1
Kinser,Dale reimb              20.00 1
Mail Serv Serv            174.52 1
Marco Tech Equip. New And Rent            151.13 1
Menards Buildings            327.67 1
Menards Parts              61.52 1
MidAmerican utilities                 7.34 1
MW Perform Patch sup            336.00 1
Mills Co. Sheriff Legal & Ct-Rel Serv.              46.91 1
Page Co. Sheriff Legal & Ct-Rel Serv.              32.00 1
Pitney Bowes Sup            212.47 1
Primrose Food & Provisions        6,171.00 1
RJs Plumbing repair        3,931.42 1
RJs Plumbing Repair            388.48 2
Schafer Welding repair              31.50 1
Fred Shearer Serv            132.50 1
SW IA REC utili        1,056.89 1
Storey Kenworthy Sup            370.19 1
U.S. Bank Computer Maint              51.64 1
U.S. Bank Computer Prog & Updat        1,030.67 1
U.S. Bank Custodial Supplies            279.14 1
U.S. Bank Dues & Members            139.00 1
U.S. Bank Equip. New And Ren            217.60 1
U.S. Bank Food & Provisions            487.37 1
U.S. Bank Fuel, Tires, & Lub            145.83 1
U.S. Bank Fuels              40.00 1
U.S. Bank General Repairs        1,266.81 1
U.S. Bank Mtg Expenses            124.32 1
U.S. Bank VehicleEquip & Rep              26.39 1
U.S. Bank Office Sup/Exp              19.58 1
U.S. Bank Parts              28.64 1
U.S. Bank Post & Mailing                 9.90 1
U.S. Bank Reg fees/Meet/Sc            653.76 1
U.S. Bank Sup            188.45 1
U.S. Bank Phone & Fax Service            246.66 1
U.S. Bank Wearing App & Uniform            230.00 1
Verizon Wireless Maint Agreements            360.57 1
Watson & Ryan PLC Legal & Ct-Rel Serv.        2,020.83 1
Ivan Wolf Serv            179.00 1
Ziegler REPAIR        5,874.72 1
Grand Total      232,755.64  

Committee and Meeting reports were presented as follows: Maynes – RC&D, Creston, Feb 24; Akin – ACEDC, Corning, Feb 24, ACEDC, Corning, Feb 25, Southern Hills Mental Health, Corning, Feb 25; Birt – DCAT/DHS, Creston, Feb 25; and Dixon – SCI911, Creston, Feb 23.

            Dixon moved, seconded by Akin to adjourn the meeting at 11:00 am.  All supervisors voted aye.  Motion carried.   

ATTEST: Leland Shipley, Vice Chairperson, Adams County Board of Supervisors      Rebecca Bissell, Adams County Auditor