Minutes - 3/11/2008

MARCH 11, 2008ELEVENTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, March 11, 2008 at 9:00 a.m. Board members present were Batcheller, Boykin, Clausen, Monson; and Walish. Staff members present were Karen James, Board Administrative Coordinator, Loan Hensley, Assistant County Attorney, and Patrick F. Gill, Auditor/Clerk to the Board.

The Claims were approved as presented. Copy filed.

Meeting called to order.

Motion by Batcheller second by Monson to approve the Board minutes of the March 4, 2008 meeting as submitted. Carried 4-0; Walish abstained. Copy filed.

Motion by Boykin second by Batcheller to approve and authorize the Chairman to sign a letter to Missouri River Historical Development, requesting a grant application for the 2008 grant period, for Woodbury County Disaster Emergency Services. Carried 3-0; Monson and Clausen abstained.

Motion by Clausen second by Batcheller to reappoint George Boykin to the Siouxland Human Investment Program (SHIP) Board of Directors, term effective 07/1/2008 through 06/30/2011. Carried 5-0.

Motion by Batcheller second by Monson to approve and receive for signatures, an application for an 8-month, Class C Liquor License for Anthon Golf Course, 2236 Hwy 31, Anthon, Iowa. License includes outdoor service and Sunday sales privileges, and would be effective 03/29/2008 through 11/29/2008. Carried 5-0. Copy filed.

The Board discussed a tax abatement for parcel #8748-10-200-003, owned by The United States of America, U. S. Army Corps of Engineers. According to Auditors records, the 2007 assessment due in 2008-2009, is exempt.

Motion by Boykin second by Clausen to approve a tax abatement for parcel #8748-10-200-003, in the amount of $77.00, which is the balance of the taxes due in March 2008. Carried 5-0.

The Board discussed replacing air cooler condensers in the County Jail with Building Services Director Mark Elgert.

Motion by Batcheller second by Boykin to receive and approve a quote from R. W. Rice/Rasmussen Mechanical Services, Sioux City, IA for installing two McQuay remote air cooled condensers in the County Jail, per recommendation of the Building Services Director. Carried 5-0. Copy filed.

The Board discussed the preliminary design by DeWild, Grant, Reckert, and Associates Company for the Prairie Hills water facility modifications, with Building Services Director Mark Elgert.

Motion by Batcheller second by Clausen to approve the preliminary design for the Prairie Hills water facility modifications, per recommendation of the Building Services Director. Carried 5-0. Copy filed.

The Board reviewed the final platting for Lost Acres Addition Subdivision GIS parcels #8644-28-100-004 and #8644-21-300-005, with Planning and Zoning Director John Pylelo.

Motion by Clausen second by Boykin to approve and authorize the Chairman to sign a Resolution approving the final platting for Lost Acres Addition Subdivision, per recommendation of the Zoning Commission. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION #10,356
RESOLUTION ACCEPTING AND APPROVING
LOST ACRES ADDITION, WOODBURY COUNTY, IOWA

Whereas, the owners and proprietors did on the 4th day of February, 2008, file with the Woodbury County Zoning Commission a certain plat designated as Lost Acres Addition, Woodbury County, Iowa; and

Whereas, it appears that said plat conforms with all of the provisions of the Code of the State of Iowa and ordinances of Woodbury County, Iowa, with reference to the filing of same; and

Whereas, the Zoning Commission of Woodbury County, Iowa has recommended the acceptance and approval of said plat; and

Whereas, the County Engineer of Woodbury County, Iowa has recommended the acceptance and approval of said plat.

Now, therefore, be, and it is hereby resolved by the Woodbury County Board of Supervisors, Woodbury County, State of Iowa, that the plat of Lost Acres Addition, Woodbury County, Iowa, be, and the same is hereby accepted and approved, and the Chairman and Secretary of the Woodbury County Board of Supervisors, Woodbury County, State of Iowa, are herby directed to furnish to the owners and proprietors a certified copy of this resolution as required by law.

Passed and approved this 11th day of March, 2008.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

A public hearing was held at 10:15 a.m. for the sale of property parcel #089205 (a.k.a. 3271 21st Street). The Chairman called on anyone wishing to be heard.

Motion by Boykin second by Batcheller to close the public hearing for the sale of property parcel #089205 (aka 3271 21st Street). Carried 5-0.

The Chairman called for bids.

Christifor Sewalson bid $250.00.

Motion by Batcheller second by Monson to accept the bid of Christofer Sewalson for property parcel #089205 (aka 3271 21st Street) for $250.00 plus recording fees.

RESOLUTION OF THE BOARD OF SUPERVISORS
OF WOODBURY COUNTY, IOWA:
RESOLUTION #10,357

BE IT RESOLVED by the Board of Supervisors of Woodbury County, Iowa, that the offer at public auction of:

By CHRISTIFOR D. SEWALSON in the sum of TWO HUNDRED FIFTY & 00/100 ($250.00)------------------------------------------------------------------------------------ dollars.

For the following described real estate, To Wit:

Parcel #089205
Lot 37 of Calls Plateau Addition, City of Sioux City, Woodbury County, IA
(3271 21st St.)

Now and included in and forming a part of the City of Sioux City, Iowa, the same is hereby accepted: said Amount being a sum LESS than the amount of the general taxes, interests, costs and penalties against the said Real Estate.

BE IT RESOLVED that payment is due by close of business on the day of passage of this resolution or this sale is null and void and this resolution shall be rescinded.

BE IT RESOLVED that per Code of Iowa Section 569.8(3 & 4), a parcel the County holds by tax deed shall not be assessed or taxed until transferred and upon transfer of a parcel so acquired gives the purchaser free title as to previously levied or set taxes. Therefore, the County Treasurer is requested to abate any taxes previously levied or set on this parcel(s).

BE IT FURTHER RESOLVED that the Chairman of this Board be and he is hereby authorized to execute a Quit Claim Deed for the said premises to the said purchaser.

SO DATED this 11th Day of March, 2008.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

The Board reviewed final platting for Deer Meadow Estates Addition Subdivision GIS parcels #8942-28-200-002, #8942-28-200-003, and #8942-28-200-007, submitted by property owner R & J Van Beek, L. L. C., with Planning and Zoning Director John Pylelo.

Motion by Boykin second by Monson to approve the preliminary platting for Deer Meadow Estates Addition Subdivision and refer them to the Zoning Commission for review and recommendations. Carried 5-0. Copy filed.

The Board reviewed final platting for Bumsted Addition Subdivision GIS parcel #8643-17-300-007, submitted by property owners Gary and Eileen Bumsted, with Planning and Zoning Director John Pylelo.

Motion by Clausen second by Monson to approve the preliminary platting for Bumsted Addition Subdivision and refer them to the Zoning Commission for review and recommendations. Carried 5-0. Copy filed.

Motion by Clausen second by Monson to approve and authorize the Chairman to sign a Resolution setting the public hearing and sale date for property parcel #133050 (aka 113 West Street). Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION # 10,358
NOTICE OF PROPERTY SALE
Parcel #133050

WHEREAS Woodbury County, Iowa was the owner under a tax deed of a certain parcel of real estate described as:

North 55 Ft. Lot 3, Block 24, N. 55 Ft. Lot 4, Block 24, Sioux City Davis Addition, City of Sioux City, Woodbury County, IA
(113 West St.)

NOW THEREFORE,

BE IT RESOLVED by the Board of Supervisors of Woodbury County, Iowa as follows:

1. That a public hearing on the aforesaid proposal shall be held on the 25th Day of March, 2008 at 10:15 oclock a.m. in the meeting room of the Board of Supervisors on the first floor of the Woodbury County Courthouse.

2. That said Board proposes to sell the said parcel of real estate on the 25th Day of March, 2008, immediately following the closing of the public hearing to Rito Losa only per Code of Iowa 331.361 (2).

3. That said Board proposes to sell the said real estate to Rito Losa only for consideration of $1.00 plus recording fees.

4. That this resolution, preceded by the caption 'Notice of Property Sale' and except for this subparagraph 4 be published as notice of the aforesaid proposal, hearing and sale.

Dated this 11th Day of March, 2008.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Monson second by Boykin to approve lifting the tax suspension for Russell Eugene Elsberg, 2317 Summit Street, Sioux City, Iowa, as the property has been sold. Carried 5-0.

The Board discussed extending the agreement between Woodbury County and Williams and Company P. C., in regards to the annual audit, with County Budget/Tax Analyst Dennis Butler.

Motion by Monson second by Batcheller to approve and authorize the Chairman to sign an agreement between Woodbury County and Williams and Company, P. C., for CPA services for performing annual audits for the County for budget years ending 2008, 2009, and 2010, per recommendation of Dennis Butler. Carried 5-0. Copy filed.

The Board discussed the Compensation Boards salary recommendations:

Board of Supervisors 4.25% increase
Attorney 4.25% increase
Auditor 5.00% increase
Treasurer 5.00% increase
Sheriff 6.00% increase

Motion by Clausen second by Boykin to receive the recommendations of the Compensation Board. Carried 3-2; Batcheller and Monson opposed.

A public hearing was held at 10:30 a.m. for the adoption of the fiscal year 2009 County budget. The Chairman called on anyone wishing to be heard.

Motion by Boykin second by Clausen to approve the recommendations of the Compensation Board. Carried 3-2; Batcheller and Monson opposed.

Motion by Boykin second by Monson to close the hearing. Carried 5-0.

Motion by Boykin second by Monson to approve and adopt the fiscal year 2009 Woodbury County budget. Carried 5-0.

A public hearing was held at 10:35 a.m. on the authorization of a loan agreement and the issuance of $800,000 general obligation capital loan notes. The Chairman called on anyone wishing to be heard.

Motion by Clausen second by Monson to close the hearing. Carried 5-0.

Motion by Monson second by Boykin to approve and authorize the Chairman to sign a Resolution instituting additional action for the authorization of a loan agreement and the issuance of notes. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION #10,359
RESOLUTION INSTITUTING PROCEEDINGS
TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION
OF A LOAN AGREEMENT AND THE ISSUANCE
OF $800,000 GENERAL OBLIGATION
CAPITAL LOAN NOTES, SERIES 2008

WHEREAS, pursuant to notice published as required by law, this Board has held a public meeting and hearing upon the proposal to institute proceedings for the authorization of a Loan Agreement and the issuance of $800,000 General Obligation Capital Loan Notes, Series 2008, for the purpose of paying costs of erection, remodeling, reconstruction, additions, and extensions to public buildings, together with acquisition of equipment for the buildings, and has considered the extent of objections received from residents or property owners as to the proposal and, accordingly the following action is now considered to be in the best interests of the County and residents thereof:

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF WOODBURY COUNTY, STATE OF IOWA:

Section 1. That this Board does hereby institute proceedings and take additional action for the authorization of a Loan Agreement and issuance in the manner required by law of $800,000 General Obligation Capital Loan Notes, Series 2008, to evidence the obligation thereof for the foregoing purpose.

Section 2. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2, because the County reasonably expects to reimburse with the proceeds of the Notes, all or a portion of original expenditures incurred in connection with the above purpose.

PASSED AND APPROVED this 11th day of March, 2008.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Batcheller second by Boykin to approve and authorize the Chairman to sign a Resolution accepting the proposal to purchase $800,000 General Obligation Capital Loan Notes, Series 2008. Carried 4-0; Batcheller abstained.

WOODBURY COUNTY, IOWA
RESOLUTION #10,360
RESOLUTION DIRECTING THE ACCEPTANCE
OF A PROPOSAL TO PURCHASE $800,000
GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2008

WHEREAS, THE County of Woodbury, State of Iowa, sometimes hereinafter referred to as the County, is a political subdivision duly incorporated, organized and existing under and by virtue of the Constitution and laws of the State of Iowa; and

WHEREAS, it is deemed necessary that the County should enter into a Loan Agreement and borrow the amount of $800,000 as authorized by Sections 331.402, 331.441(2)(b)(5)(d) and 331.443, Code of Iowa, as amended; and

WHEREAS, proposals have been requested and received from financial institutions offering to enter into such Loan Agreement; and

WHEREAS, after a review of all the proposals received, it has been determined that the best and most favorable proposal is that of Security National Bank of Sioux City, Iowa; and

WHEREAS, it is the intention of this Board of Supervisors to enter into a Loan Agreement in accordance with said proposal dated _, 2008.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF WOODBURY, STATE OF IOWA:

Section 1. That this Board of Supervisors does hereby accept the attached proposal of Security National Bank of Sioux City, IA, and takes additional action to permit the entering into of a Loan Agreement.

Section 2. The Chairperson and County Auditor are authorized and directed to proceed on behalf of the County to enter into such Loan Agreement, to negotiate the final terms of a Loan Agreement, to take all action necessary to permit the entering into of a Loan Agreement on a basis favorable to the County and acceptable to the Purchaser, and to proceed to meet the conditions of this accepted proposal.

PASSED AND APPROVED this 11th day of March, 2008.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Batcheller second by Monson to approve and authorize the Chairman to sign a Federal-Aid agreement for project #BROS-CO97(92)5F-97, per recommendation of Richard Storm, County Engineer. Carried 5-0. Copy filed.

Motion by Boykin second by Clausen to approve and authorize the Chairman to sign a contract and bonds for project #L-GR08(1)73-97 with West Central Construction, Arthur, Iowa, per recommendation of the County Engineer. Carried 5-0. Copy filed.

The Chairman asked if there were any individuals or groups wishing to make a presentation of items not on the agenda or Supervisors concerns.

Motion by Boykin second by Batcheller to go into closed session per Iowa Code 21.5 (1) (a), for a General Relief appeal for L. M. Carried 5-0 on a roll-call vote.

Motion by Boykin second by Monson to go out of closed session per Iowa Code 21.5 (1) (a). Carried 5-0 on a roll-call vote.

Motion by Boykin second by Batcheller to grant the request of an appellant of a general relief decision. Carried 5-0.

The Board adjourned the regular meeting until March 18, 2008.