Minutes - 4/14/2009

APRIL 14, 2009SIXTEENTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, April 14, 2009 at 9:00 a.m. Board members present were Boykin, Clausen, Monson, Smith, and Walish. Staff members present were Karen James, Board Administrative Coordinator, Loan Hensley, Assistant County Attorney/Board Legal Counsel and Diane Swoboda Peterson, Deputy/Clerk to the Board.

The Claims were approved as presented. Copy filed.

Board of Supervisors meeting was called to order.

Motion by Walish second by Boykin to approve the Board minutes of the 04/07/2009 meeting as submitted. Carried 5-0. Copy filed.

Motion by Monson second by Boykin to approve the Board minutes of the executive session held on 04/07/2009 as submitted. Carried 5-0.

Ed Guilliland, Gallagher Benefit Services, presented the Board with a report on the status of the Countys self-funded health insurance plan for the first quarter of 2009.

Motion by Monson second by Smith to approve and authorize the Chairman to sign a Resolution approving petition for suspension of taxes through the redemption process for Wayne T. and Michelle R. Davis, 1800 27th Street, Sioux City, Iowa. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION # 10,553
RESOLUTION APPROVING PETITION FOR SUSPENSION
OF TAXES THROUGH THE REDEMPTION PROCESS

WHEREAS, Wayne T. and Michelle R. Davis as joint titleholder of a real estate located at 1800 27th Street, Sioux City, Woodbury County, Iowa, and legally described as follows:

Parcel #894722109001

North 69.5 feet Lot Eighteen (18) DuPont Park 1st Addition, City of Sioux City, Woodbury County, Iowa

WHEREAS, Wayne T. and Michelle R. Davis, as joint titleholder of the aforementioned property has petitioned the Board of Supervisors for a suspension of taxes pursuant to the 1999 Iowa Code Section 447.9(3) and,

WHEREAS, the Board of Supervisors recognizes from documents provided that the petitioner is unable to provide to the public revenue; and

NOW, THEREFORE, BE IT RESOLVED, that the Woodbury County Board of Supervisors hereby directs the County Auditor to redeem Parcel #894722109001 owned by the petitioner from the holder of a certificate of purchase of the amount necessary to redeem under section 447.1, and hereby directs the Woodbury County Treasurer to so record the approval of this tax suspension for this parcel.

SO RESOLVED this 14th day of April, 2009.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Monson second by Walish to receive as submitted the Veteran Affairs Quarterly Report of assistance given to persons entitled to relief under Chapter 35 of the Code of Iowa, for the 3rd quarter ending 03/31/2009. Carried 5-0. Copy filed.

Motion by Monson second by Boykin to approve and authorize the Chairman to sign a Resolution fixing the date of 05/05/2009 at 10:30 a.m. for a public meeting on the authorization of a loan agreement and the issuance of $900,000 General Obligation Capital Loan Notes Series 2009B and providing for publication of notice. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE
ISSUANCE OF $900,000 GENERAL OBLIGATION CAPITAL
LOAN NOTES, SERIES 2009B, OF WOODBURY COUNTY,
STATE OF IOWA, AND PROVIDING FOR PUBLICATION OF
NOTICE THEREOF
RESOLUTION # 10,554

WHEREAS, it is deemed necessary and advisable that the County of Woodbury, State of Iowa, should provide for the authorization of a Loan Agreement and the issuance of General Obligation Capital Loan Notes, Series 2009B, to the amount of $900,000, as authorized by Sections 331.402, 331.441(2)(b)(5)(d) and 331.443, Code of Iowa, as amended, for the purpose of providing funds to pay costs of carrying out an essential county purpose project as hereinafter described; and

WHEREAS, the Loan Agreement and Notes shall be payable from the Debt Service Fund; and

WHEREAS, before a Loan Agreement may be authorized and General Obligation Capital Loan Notes, Series 2009B, issued to evidence the obligation of the County thereunder, it is necessary to comply with the provisions of the Code of Iowa, as amended, and to publish a notice of the proposal and of the time and place of the meeting at which the Board proposes to take action for the authorization of the Loan Agreement and Notes and to receive oral and/or written objections from any resident or property owner of the County to such action;

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

Section 1. That this Board shall meet in the Board Room, Woodbury County Courthouse, 620 Douglas Street, Sioux City, Iowa, at 10:30 o'clock A.M., on the 5th day of May, 2009, for the purpose of taking action on the matter of the authorization of a Loan Agreement and the issuance of $900,000 General Obligation Capital Loan Notes, Series 2009B, to evidence the obligations of the County thereunder for an essential county purpose, the proceeds of which will be used to pay costs of erection, remodeling, reconstruction, additions and extensions to public buildings, together with acquisition of equipment for the buildings, including cabins and lodges in County Parks and construction, reconstruction, improvements and repairs of county roads and bridges to assist in economic development.

Section 2. To the extent any of the projects or activities described in this resolution may be reasonably construed to be included in more than one classification under Chapter 331, Code of Iowa, the Board hereby elects the Aessential county purpose@ classification and procedure with respect to each such project or activity.

Section 3. The Treasurer is authorized and directed to proceed on behalf of the County with the negotiation of terms of a Loan Agreement and the issuance of General Obligation Capital Loan Notes, Series 2009B, evidencing the County's obligations to a principal amount of $900,000, to select a date for the final approval thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the County and this Board and otherwise to take all action necessary to permit the completion of a loan on a basis favorable to the County and acceptable to the Board.

Section 4. That the Auditor is hereby directed to cause at least one publication to be made of a notice of the meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the County, the publication to be not less than four clear days nor more than twenty days before the date of the public meeting on the issuance of Notes.

Section 5. The notice of the proposed action shall be in substantially the following form:

NOTICE OF MEETING OF THE BOARD OF SUPERVISORS OF WOODBURY COUNTY, STATE OF IOWA ON THE MATTER OF THE PROPOSED AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF $900,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2009B (FOR AN ESSENTIAL COUNTY PURPOSE) AND THE PUBLIC HEARING ON THE AUTHORIZATION AND ISSUANCE THEREOF

PUBLIC NOTICE is hereby given that the Board of Supervisors of Woodbury County, Iowa, will hold a public hearing on the 5th day of May 2009, at 10:30 o'clock A.M., in the Board Room, Woodbury County Courthouse, 620 Douglas Street, Sioux City, Iowa, at which meeting the Board proposes to take additional action for the authorization of a Loan Agreement (payable from the debt service fund) and the issuance of $900,000 General Obligation Capital Loan Notes for an essential county purpose, in order to pay costs of erection, remodeling, reconstruction, additions and extensions to public buildings, together with acquisition of equipment for the buildings, including cabins and lodges in County Parks and construction, reconstruction, improvements and repairs of county roads and bridges to assist in economic development.

At the above meeting the Board shall receive oral or written objections from any resident or property owner of the County, to the above action. After all objections have been received and considered, the Board will at this meeting or at any adjournment thereof, take additional action for the authorization of a Loan Agreement and the issuance of Notes to evidence the obligation of the County thereunder or will abandon the proposal.

This Notice is given by order of the Board of Supervisors of Woodbury County, State of Iowa, as provided by Sections 331.402, 331.441(2)(b)(5)(d) and 331,443 of the Code of Iowa, as amended.

Dated this 14th day of April, 2009.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Boykin second by Walish to approve and authorize the Chairman to sign a Resolution fixing the date of 05/05/2009 at 10:35 a.m. for a public meeting on the authorization of a loan agreement and the issuance of $500,000 General Obligation Capital Loan Notes Series 2009A and providing for publication of notice. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF $500,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2009A, OF WOODBURY COUNTY, STATE OF IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF
RESOLUTION # 10,555

WHEREAS, it is deemed necessary and advisable that the County of Woodbury, State of Iowa, should provide for the authorization of a Loan Agreement and the issuance of General Obligation Capital Loan Notes, Series 2009A, to the amount of $500,000, as authorized by Sections 331.402, 331.441(2)(b)(5)(d) and 331,443, Code of Iowa, as amended, for the purpose of providing funds to pay costs of carrying out an essential county purpose project as hereinafter described; and

WHEREAS, the Loan Agreement and Notes shall be payable from the Debt Service Fund; and

WHEREAS, before a Loan Agreement may be authorized and General Obligation Capital Loan Notes, Series 2009A, issued to evidence the obligation of the County thereunder, it is necessary to comply with the provisions of the Code of Iowa, as amended, and to publish a notice of the proposal and of the time and place of the meeting at which the Board proposes to take action for the authorization of the Loan Agreement and Notes and to receive oral and/or written objections from any resident or property owner of the County to such action;

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

Section 1. That this Board shall meet in the Board Room, Woodbury County Courthouse, 620 Douglas Street, Sioux City, Iowa, at 10:35 o'clock A.M., on the 5th day of May 2009, for the purpose of taking action on the matter of the authorization of a Loan Agreement and the issuance of $500,000 General Obligation Capital Loan Notes, Series 2009A, to evidence the obligations of the County thereunder for an essential county purpose, the proceeds of which will be used to pay costs of erection, remodeling, reconstruction, additions and extensions to public buildings, together with acquisition of equipment for the buildings.

Section 2. The Treasurer is authorized and directed to proceed on behalf of the County with the negotiation of terms of a Loan Agreement and the issuance of General Obligation Capital Loan Notes, Series 2009, evidencing the County's obligations to a principal amount of $500,000, to select a date for the final approval thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the County and this Board and otherwise to take all action necessary to permit the completion of a loan on a basis favorable to the County and acceptable to the Board.

Section 3. That the Auditor is hereby directed to cause at least one publication to be made of a notice of the meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the County, the publication to be not less than four clear days nor more than twenty days before the date of the public meeting on the issuance of Notes.

Section 4. The notice of the proposed action shall be in substantially the following form:

NOTICE OF MEETING OF THE BOARD OF SUPERVISORS OF WOODBURY COUNTY, STATE OF IOWA ON THE MATTER OF THE PROPOSED AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF $500,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2009A (FOR AN ESSENTIAL COUNTY PURPOSE) AND THE PUBLIC HEARING ON THE AUTHORIZATION AND ISSUANCE THEREOF

PUBLIC NOTICE is hereby given that the Board of Supervisors of Woodbury County, Iowa, will hold a public hearing on the 5th day of May 2009, at 10:35 o'clock A.M., in the Board Room, Woodbury County Courthouse, 620 Douglas Street, Sioux City, Iowa, at which meeting the Board proposes to take additional action for the authorization of a Loan Agreement (payable from the debt service fund) and the issuance of $500,000 General Obligation Capital Loan Notes, Series 2009A, for an essential county purpose, in order to pay costs of erection, remodeling, reconstruction, additions and extensions to public buildings, together with acquisition of equipment for the buildings.

At the above meeting the Board shall receive oral or written objections from any resident or property owner of the County, to the above action. After all objections have been received and considered, the Board will at this meeting or at any adjournment thereof, take additional action for the authorization of a Loan Agreement and the issuance of Notes to evidence the obligation of the County thereunder or will abandon the proposal.

This Notice is given by order of the Board of Supervisors of Woodbury County, State of Iowa, as provided by Sections 331.402, 331.441(2)(b)(5)(d) and 331,443 of the Code of Iowa, as amended.

Dated this 14th day of April, 2009.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Boykin second by Walish to approve and authorize the Chairman to sign the Iowa DOT budget for Secondary Roads Dept., per recommendation of County Engineer Mark Nahra. Carried 5-0. Copy filed.

Motion by Boykin second by Smith to approve Secondary Roads Dept. five-year construction program, per recommendation of the County Engineer. Carried 5-0. Copy filed.

The Board discussed alternatives for the Moville maintenance building with County Engineer Mark Nahra. Further discussion will be scheduled on the agenda in two weeks.

A public hearing was held at 10:25 a.m. for a re-zoning district map amendment for Gerald R. and Karen H. Day, GIS parcel #8946-17-300-002. The Chairman called on anyone wishing to be heard.

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

Motion by Boykin second by Walish to suspend the requirement for two prior readings of Woodbury County Ordinance #24 to consider final passage. Carried 5-0.

Motion by Boykin second by Walish to approve and receive for signatures Woodbury County Ordinance #24, an amendment to the Zoning and Subdivision Ordinance passed August 1, 2008, per recommendation of the Planning and Zoning Administrator. Carried 5-0.

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

Attorney Michael OBrien addressed the Board regarding the formation of a non-profit organization to run the restaurant in the Courthouse basement. The net profits would be committed to non-profit organizations for recovering professionals in Sioux City.

Bob Knowler spoke that Ace Refrigeration Equipment and Restaurant Supply purchased the equipment that was in the Courthouse basement, but would be willing to sell it to the County for $12,200.00.

The Board will schedule a discussion of this for the next Board meeting.

The Board adjourned the regular meeting until April 21, 2009.