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August 20, 2008
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Meeting of the Board of Supervisors at their office, 200 Bridge St., Elkader, IA
Present: Larry Gibbs, Wayne Bockenstedt, Randy Keehner
The Board approved claims for payment.
Motion by Gibbs, seconded by Keehner, to authorize the Board Chairman to sign
a 30 day cigarette suspension for Fast Trak, Elkader, IA. Ayes: Gibbs, Bockenstedt, Keehner
Motion by Keehner, seconded by Gibbs, to approve resolution # 16-2008 accepting the minor subdivision plat of Brimeyer Farms Place Subdivision. Ayes: Larry Gibbs, Wayne Bockenstedt, Randy Keehner
Resolution # 16-2008
Accepting the minor subdivision plat of Brimeyer Farms Place Subdivision
WHEREAS, there has been submitted to the Board of Supervisors of Clayton County, Iowa, a plat of real property hereinafter designated as Brimeyer Farms Place Subdivision and described as: a subdivision of part of the southwest quarter of the northeast quarter and the northwest quarter of the northeast quarter all in of Section 7, Township 94 North, Range 6 West of the fifth principal meridian, Clayton County, Iowa,
WHEREAS, Tom Brimeyer as owner of said real property, has executed and acknowledged an instrument consenting to said plat,
WHEREAS, it appears that said plat complies with all requirements of Chapters 354 and 355 of the Code of Iowa, WHEREAS, the Clayton County Subdivision Review Committee has recommended approval of said subdivision, affirming that it has complied with all the regulations of Clayton County, Iowa,
THEREFORE BE IT RESOLVED by the Clayton County Board of Supervisors that the Board approves as an official minor subdivision, the plat of real property to be known as Brimeyer Farms Place Subdivision, (approximately 28.85 acres) situated in Clayton County, Iowa, and described as: a subdivision of part of the southwest quarter of the northeast quarter and the northwest quarter of the northeast quarter all in Section 7, Township 94 North, Range 6 West of the fifth principal meridian, Clayton County, Iowa.
A meeting of the Board of Supervisors of Clayton County, Iowa, was held at 11:00 o’clock a.m., on August 20, 2008, at the Board Office, Elkader, Iowa, pursuant to the rules of the Board.
The Chairperson presided and the roll was called, showing Supervisors present and absent as follows:
Present: Larry Gibbs, Wayne Bockenstedt, Randy Keehner
Absent: None
The Board of Supervisors investigated and found that notice of the intention of the Board to conduct a public hearing to approve a Development Agreement between the County and Willmark Energy, Inc. with respect to the development and future expansion of an ethanol production facility, which development agreement provides for certain financial incentives in the form of incremental property tax payments in a total amount not exceeding $1,485,740, had been published according to law and as directed by the Board and that this is the time and place at which the Board shall receive oral or written objections from any resident or property owner of the County. All written objections, statements, and evidence heretofore filed were reported to the Board of Supervisors, and all oral objections, statements, and all other exhibits presented were considered.
The following named persons presented oral objections, statements, or evidence as summarized below; filed written objections or statements, copies of which are attached hereto; or presented other exhibits, copies of which are attached hereto:
Keith Lau asked about well water and sewer water discharge relating the ethanol
Plant. A discussion ensued regarding the water situation. He also questioned whether Willmark Energy has the capital for this project. The answer by the board was that they do have the financing for the construction of the first 25 million gallon plant. He stated that he was for the project.
Larry Stone is skeptical regarding a corn based ethanol plant being a long term viable concern. He believes that it is a dead end road and destine to failure. He does not favor the financial development agreement being proposed.
Tom McGreal questioned the benefits of the plant being built. The board responded by talking about the plant jobs and construction jobs created. He holds in reserve his decision of being for or against the proposal.
Cyrenus Elsinger stated he was in favor of the project.
There being no further
objections or comments, the Chairperson announced that the hearing was
closed.
Supervisor Keehner introduced the resolution next hereinafter set out and moved its adoption, seconded by Supervisor Gibbs; and after due consideration thereof by the Board, the Chairperson put the question upon the adoption of said resolution, and the roll being called, the following named Supervisors voted:
Ayes: Gibbs, Bockenstedt, Keehner
Nays: None
Whereupon, the Chairperson declared said resolution duly adopted, as follows:
RESOLUTION 17-2008
Approving Development Agreement with Willmark Energy, Inc., Authorizing Tax Increment Payments and Pledging Certain Tax Increment Revenues to the Payment of the Agreement
WHEREAS, Clayton County, Iowa (the “County”), pursuant to and in strict compliance with all laws applicable to the County, and in particular the provisions of Chapter 403 of the Code of Iowa, has adopted an Urban Renewal Plan for the Clayton County Ethanol Urban Renewal Area (the “Urban Renewal Area”); and
WHEREAS, this Board has adopted an ordinance providing for the division of taxes levied on taxable property in the Urban Renewal Area pursuant to Section 403.19 of the Code of Iowa and establishing the fund referred to in Subsection 2 of Section 403.19 of the Code of Iowa (the “Urban Renewal Tax Revenue Fund”), which fund and the portion of taxes referred to in that subsection may be irrevocably pledged by the County for the payment of the principal and interest on indebtedness incurred under the authority of Section 403.9 of the Code of Iowa to finance or refinance in whole or in part projects in the Urban Renewal Area; and
WHEREAS, an agreement between the County and Willmark Energy, Inc. has been prepared (the “Agreement”), pursuant to which Willmark Energy, Inc. has agreed to develop (the “Phase One Project”) and provide for the future expansion of (the “Phase Two Project”) an ethanol production facility in the Urban Renewal Area (the “Willmark Energy, Inc. Project”) under which the County would provide tax increment payments in a total amount not exceeding $1,485,740; and
WHEREAS, this Board of Supervisors, pursuant to Section 403.9 of the Code of Iowa, has published notice, has held a public hearing on the Agreement on August 20, 2008, and has otherwise complied with statutory requirements for the approval of the Agreement; and
WHEREAS, Chapter 15A of the Code of Iowa (“Chapter 15A”) declares that economic development is a public purpose for which a County may provide grants, loans, tax incentives, guarantees and other financial assistance to or for the benefit of private persons; and
WHEREAS, Chapter 15A requires that before public funds are used for grants, loans, tax incentives or other financial assistance, a Board of Supervisors must determine that a public purpose will reasonably be accomplished by the spending or use of those funds; and
WHEREAS, Chapter 15A requires that in determining whether funds should be spent, a Board of Supervisors must consider any or all of a series of factors;
NOW, THEREFORE, It Is Resolved by the Board of Supervisors of Clayton County, Iowa, as follows:
Section 1. Pursuant to the factors listed in Chapter 15A, the Board hereby finds that:
The Willmark Energy, Inc. Project will add diversity and generate new opportunities for the Clayton County and Iowa economies;
The Willmark Energy, Inc. Project will generate public gains and benefits, particularly in the creation of new jobs, which are warranted in comparison to the amount of the proposed financial incentives.
Section 2. The Board further finds that a public purpose will reasonably be accomplished by entering into the Agreement and providing the incremental property tax payments to Willmark Energy, Inc.
Section 3. The Agreement is hereby approved and the Chairperson and County Auditor are hereby authorized and directed to execute and deliver the Agreement on behalf of the County, in substantially the form and content in which the Agreement has been presented to this Board of Supervisors, and such officers are also authorized to make such changes, modifications, additions or deletions as they, with the advice of bond counsel, may believe to be necessary, and to take such actions as may be necessary to carry out the provisions of the Agreement.
Section 4. The Property Tax Abatement with respect to the Phase One Project, benefit provided for in Section 1.B of the Agreement is hereby granted and approved.
Section 5. As provided and required by Chapter 403 of the Code of Iowa, the County’s obligations with respect to the Phase Two Project under the Agreement shall be payable solely from a subfund (the “Willmark Energy, Inc. Subfund”) which is hereby established, into which shall be paid that portion of the income and proceeds of the Urban Renewal Tax Revenue Fund attributable to property taxes derived from the property described as follows:
Certain real property situated in Clayton County, Iowa, more particularly described as follows:
Property situated in Grand Meadow twp., Clayton County, Iowa described as: That certain farm land property of approximately 136.24 acres located in section 3 township 95 Range 6 West as seven parcels along with a home and various buildings, sheds and steel bins as situated thereon, which includes:
Lot 1 of SW SE of Section 93 T 95 N R6W 12.78 acres Lot 2 in the SW NE of Section 93 T 95N R6W 35.76 acres Lot 2 SE NE of Section 93 T95N R6W 1.28 acres Lot 2 NW NE of Section 93 T95N R6W 19.28 acres Lot 2 NW SE of Section 93 T95N R6W 40.00 acres Lot 2 NE SE of Section 93 T95N R6W 17.44 acres Lot 2 SE SE of Section 93 T95N R6W 9.7 acres Acres 136.24
And Property
Lot 2 and Lot 3 (“Old Military Road” Right-of-Way) in the SW SE of Section 3 T95N R6W of the 5th P.M. in Clayton County, IA - 4.39 acres.
Section 6. The County hereby pledges to the payment of the Agreement the Willmark Energy, Inc. Subfund and the taxes referred to in Subsection 2 of Section 403.19 of the Code of Iowa to be paid into such Subfund.
Section 7. After its adoption, a copy of this resolution shall be filed in the office of the County Auditor of Clayton County to evidence the continuing pledging of the Willmark Energy, Inc. Subfund and the portion of taxes to be paid into such Subfund and, pursuant to the direction of Section 403.19 of the Code of Iowa, the Auditor shall allocate the taxes in accordance therewith and in accordance with the tax allocation ordinance referred to in the preamble hereof.
Section 8. All resolutions or parts thereof in conflict herewith are hereby repealed.
/s/ Wayne Bockenstedt, Chairman
/s/ Dennis Freitag, County Auditor
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