Minutes - 8/31/2010

AUGUST 31, 2010 — THIRTY-FIFTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, August 31, 2010 at 9:00 a.m.  Board members present were Boykin, Clausen, Monson, Smith, and Walish.  Staff members present were Karen James, Board Administrative Coordinator, Joshua Widman, Assistant County Attorney, and Patrick F. Gill, Auditor/Clerk to the Board.

The Claims were approved as presented.  Copy filed.

The meeting was called to order.

Motion by Monson second by Smith to approve the minutes of the August 24, 2010 Board meeting.  Carried 5-0.  Copy filed.

 The Board approved the promotion of Terry L. Hansen, Maintenance Technician, Building Services Dept., $15.39/hour, effective 09/01/2010.  Per AFSCME Courthouse contract agreement, from Grade 2, Step 1 to grade 4, Step 2.  Copy filed.

 The Board approved the reclassification of Kristine M. Timmins, Assistant County Attorney, County Attorney Dept., $62,931.00/year, effective 09/17/2010.  Per AFSCME Assistant Attorney contract agreement, from Step 5 to Step 6.  Copy filed.

 Motion by Walish second by Clausen to approve and authorize the Chairman to sign an “Authorization to Initiate Hiring Process” form for a Maintenance Painter, Building Services Dept., entry level AFSCME Courthouse, Grade 2, $12.64/hour.  Carried 5-0.  Copy filed.

 The Board discussed County employee flu shots with Human Resource Director J. D. Pellersels.

 Motion by Smith second by Monson to approve and authorize the Chairman to sign a letter of agreement between Woodbury County and the Siouxland District Health Department, authorizing the administration of influenza vaccine to County employees for fiscal year 2010-2011.  Carried 5-0.  Copy filed.

 Motion by Clausen second by Walish to approve and authorize the Chairman to sign a Resolution approving petition for suspension of taxes for Landra K. Moriston, 1525 S. Fairmont Street, Sioux City, Iowa.  Carried 5-0.

 WOODBURY COUNTY, IOWA
    RESOLUTION # 10,704
           RESOLUTION APPROVING PETITION FOR SUSPENSION OF TAXES

WHEREAS, Landra K. Moriston, is the titleholder of a property located at 1525 S. Fairmont St., City of Sioux City,  Woodbury County, Iowa, and legally described as follows:  

    
Parcel #884801203017

Lot Nine (9) and Lot Ten (10) Block Thirty-three West Morningside Addition, City of Sioux City, Woodbury County, Iowa

WHEREAS, Landra K. Moriston  as titleholder of the aforementioned mobile home have petitioned the Board of Supervisors for a suspension of taxes pursuant to the 2009 Iowa Code section 427.9, 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 grants the request for a suspension of taxes, and hereby directs the Woodbury County Treasurer to so record the approval of this tax suspension for this property.

SO RESOLVED this 31st day of August, 2010. 
 WOODBURY COUNTY BOARD OF SUPERVISORS
 Copy filed.

 Motion by Monson second by Smith to approve abatement for the following taxes that are uncollectable or impractical to pursue collection through personal judgment, per recommendation of County Treasurer Bob Knowler:

 1)   Jerry L. Davenport, parcel #864529431907, building on leased land for a mobile home that has been removed and no longer assessed.  Taxes for 2010-2011 total $4.00.

 2)   Lance B. and Robin R. Walker, parcel #894522400902, building on leased land (mobile home) that was removed in March, 2009.  A pro-rated amount was collected for 2010-2011, and request the balance of $272.00 be abated.

 3)   Duane Meunsaveng, parcel #884730301967, building on leased land for a mobile home that has been removed and no longer assessed.  Taxes for 2010-2011 total $40.00.

 4)   Deborah Greenwell, parcel #884730301946, building on leased land for a mobile home that was removed and no longer assessed.

 Carried 5-0.

 Motion by Clausen second by Smith to approve and authorize the Chairman to sign a Resolution approving abatement of taxes for the City of Moville for parcels #894432106002 and #894429378009, for $230.00.  Carried 5-0.

                               WOODBURY COUNTY, IOWA
                                  RESOLUTION #  10,705
                                      RESOLUTION APPROVING ABATEMENT OF TAXES
                  

WHEREAS, the City of Moville, Iowa are the titleholders of real estate Parcels #894432106002 and #894429378009 located in Woodbury County, Iowa and legally described as follows: 

Parcel # 894432106002

East 25 feet North Half Lot two (2)  Block Four (4) Jones First Addition, City of Moville , Woodbury County, Iowa

Parcel#894429378009

Part SW ¼ Com SE Corner of Lot Thirteen (13) Bleil’s 2nd Addition, City of Moville, Woodbury County, Iowa

WHEREAS, the abovestated property has an unpaid balance of taxes owing, and the parcel is owned by a political subdivision of the state; and

WHEREAS, the political subdivision, namely the City of Moville, Iowa, is failing to immediately pay the taxes due; and 

WHEREAS, the Board of Supervisors sees that good cause exists for the abatement of these taxes; and

NOW, THEREFORE, BE IT RESOLVED, that the Woodbury County Board of Supervisors hereby abates the taxes owing on the above parcels according to Code of Iowa, 445.63, and hereby directs the Woodbury County Treasurer to abate these aforementioned taxes from the tax records.

SO RESOLVED this 31st day of August, 2010.
 WOODBURY COUNTY BOARD OF SUPERVISORS
 Copy filed.

 Motion by Monson second by Smith to approve and authorize the Chairman to sign a Resolution approving abatement of taxes for Boys Club of Sioux City for parcel #894728155006.  Carried 5-0.

                               WOODBURY COUNTY, IOWA
                                   RESOLUTION #  10,706
                                       RESOLUTION APPROVING ABATEMENT OF TAXES

WHEREAS, the Boys Club of Sioux City, Inc. is the titleholder of real estate Parcel #894728155006,  located in the City of Sioux City, Iowa and legally described as follows: 

Parcel #894728155006

Part of Lots One (1) Thru Six (6) and Part East/West Alley Block Forty-eight (48) Com NE Corner Block Forty-eight (48) Thec S 317.76 Feet, West 121.69 Feet NEly, Sioux City East Addition, City of Sioux City, Woodbury County, Iowa

WHEREAS, the abovestated property has taxes owing for the 2009/2010, tax year and the parcel is owned by Boys Club of Sioux City, Inc., and

WHEREAS, the organization, namely the Boys Club of Sioux City, Inc.  is failing to immediately pay the taxes due; and 

WHEREAS,  the Board of Supervisors sees that good cause exists for the abatement of these taxes; and

NOW, THEREFORE, BE IT RESOLVED, that the Woodbury County Board of Supervisors hereby abates the taxes owing on the above parcel according to Code of Iowa, 445.16 for the taxes owed for the 2009/2010 tax year and hereby directs the Woodbury County Treasurer to abate these aforementioned taxes from the tax records.

SO RESOLVED this 31st day of August, 2010.
 WOODBURY COUNTY BOARD OF SUPERVISORS
 Copy filed.

 Motion by Monson second by Clausen to approve and authorize the Chairman to sign a Resolution approving abatement of taxes for Camp High Hope for parcels #894630305003, #894630305005, #894630351002, and #894630376001.  Carried 5-0.

WOODBURY COUNTY, IOWA
                                  RESOLUTION # 10,707
                                                          RESOLUTION APPROVING ABATEMENT OF TAXES

WHEREAS, Camp High Hope is the titleholder of  real estate Parcels #894630305003, #894630305005, #894630351002 and #894630376001 located in Woodbury County, Iowa and legally described as follows: 

Parcel #894630305003

Concord Township Kruse Addition  Lot 3  30- 89-46

Parcel #894630305005

Concord Township Kruse Addition  Lot 5  30- 89-46

Parcel #894630351002

Concord Township Kruse Addition Out Lot A Ex Tri Tct Beg Ne Corner Thce S388.1 Ft To Pt Of Beg Thce Cont S68.19 Ft Thce

Parcel #894630376001

Concord Township Pt Se 1/4 Sw ¼ Com M Sw Cor Thec N 1302. 36 Ft E 669.83 Ft, Swly 576.65 Ft, Sel Y 635.71 Ft, Swly 2.

WHEREAS, the abovestated property has taxes owing for the 2009/2010, tax year, and the parcel is owned by Camp High Hope and

WHEREAS, the organization, namely Camp High Hope is failing to immediately pay the taxes due; and 

WHEREAS,  the Board of Supervisors sees that good cause exists for the abatement of these taxes; and

NOW, THEREFORE, BE IT RESOLVED, that the Woodbury County Board of Supervisors hereby abates  the taxes owing on the above parcel according to Code of Iowa, 445.16 for the taxes owed for the 2009/2010 tax year and hereby directs the Woodbury County Treasurer to abate these aforementioned taxes from the tax records.
 
SO RESOLVED this 31st day of  August, 2010.
 WOODBURY COUNTY BOARD OF SUPERVISORS
 Copy filed.

 The Board reviewed a proposed ordinance for re-zoning parcel #864734100001, Winnebago Tribe of Nebraska, from AP (Agricultural Preservation) to GC (General Commercial), with Planning and Zoning Administrator John Pylelo.
 
Motion by Clausen second by Monson to approve and receive for signatures, an ordinance re-zoning parcel #864734100001, Winnebago Tribe of Nebraska, from AP (Agricultural Preservation) to GC (General Commercial).
Carried 5-0.
WOODBURY COUNTY, IOWA
ORDINANCE NO. 28
       

Whereas The Board of Supervisors of Woodbury County, Iowa, has enacted a Zoning and Subdivision Ordinance on August 01, 2008, by resolution No. 10,456, being recorded in the Office of the Woodbury County Recorder,  and

Whereas the Woodbury County Board of Supervisors has received a report in respect to amending said Ordinance from the Woodbury County Zoning Commission which held hearing(s) on said amendment(s), all as by law provided; and which amendment(s) is/are attached hereto marked item(s)  One (1), and hereby made a part hereof; and
      
Whereas the Woodbury County Board of Supervisors has received said report, studied and considered the same, and has held hearing(s) on said amendment(s), all as by law provided; and

Whereas the Woodbury County Board of Supervisors has concluded that the said this ordinance shall amend the aforesaid Zoning and Subdivision Ordinance;

Now therefore, be it hereby resolved by the Woodbury County Board of Supervisors, duly assembled, that the aforesaid Zoning and Subdivision Ordinance is amended as shown on said attached  Item(s) One (1); and

Now therefore, be it hereby resolved by the Woodbury County Board of Supervisors, duly assembled, that the previous zoning district designation shall be repealed upon the effective date of this amendment.

Dated this 31st day of August,  2010.
WOODBURY COUNTY BOARD OF SUPERVISORS
 Copy filed

 Motion by Smith second by Walish to suspend the 2nd and 3rd readings of the ordinance.  Carried 5-0.

 A public hearing was held at 10:15 a.m. on the authorization of a $1,200,000.00 loan agreement and the issuance of notes to evidence the obligation of the County thereto.  The Chairman called on anyone wishing to be heard.

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

 Motion by Monson second by Smith to approve and authorize the Chairman to sign a Resolution instituting proceedings to take additional action.  Carried 5-0. 

Woodbury County, Iowa
Resolution # 10,708
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF $1,200,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2010

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 $1,200,000 General Obligation Capital Loan Notes, Series 2010, for the purpose of paying costs of improvements, equipping, remodeling, reconstructing, additions or extensions to public 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 $1,200,000 General Obligation Capital Loan Notes, Series 2010, to evidence the obligation thereof for the foregoing purpose.

PASSED AND APPROVED this 31st day of August, 2010.
 WOODBURY COUNTY BOARD OF SUPERVISORS.
 Copy filed.

 Motion by Walish second by Smith to approve and authorize the Chairman to sign a Resolution directing the acceptance of a proposal to purchase $1,200,000.00 General Obligation Capital Loan Note, Series 2010.  Carried 5-0.
Woodbury County, Iowa
RESOLUTION NO. 10,709
RESOLUTION DIRECTING THE ACCEPTANCE OF A PROPOSAL TO PURCHASE $1,200,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2010

WHEREAS, Woodbury County, 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 $1,200,000 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.

WHEREAS, it is the intention of this Board of Supervisors to enter into a Loan Agreement in accordance with said proposal dated August 16, 2010:

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

Section 1.  That this Board of Supervisors does hereby accept the attached proposal of Security National Bank of
Sioux City, Iowa 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 31st day of August, 2010.
 WOODBURY COUNTY BOARD OF SUPERVISORS
 Copy filed.

 The Board discussed a request for a required 25% matching funds for an a Missouri River Historical Development (MHRD) grant funding opportunity, to be used for infrastructure projects, with Fran Sadden, Siouxland District Health.

 Motion by Clausen second by Walish to approve the 25% matching funds request.  Carried 5-0.

 Motion by Walish second by Monson to approve and authorize the Chairman to sign a “Certification of Indirect Costs” proposal, to provide cost allocation services to Woodbury County for use in recovering indirect costs from grant programs during fiscal year 2011, for non-jail programs, per recommendation of Michelle Skaff, Homeland Security Planner/Analyst.  Carried 5-0.  Copy filed.

 Motion by Clausen second by Monson to authorize the Chairman to sign a designation of applicant’s authorized representative form designating Michelle Skaff as the representative.  Carried 5-0; copy filed.

 Motion by Walish second by Smith to approve and authorize the Chairman to sign a Resolution designating Woodbury County as a recovery zone, pursuant to the American Recovery and Reinvestment Act of 2009, per recommendation of Rob Marqusee, Rural Economic Development Director.  Carried 5-0.
 
Woodbury County, Iowa
RESOLUTION NO. 10,710
Resolution Designating Woodbury County, Iowa as a Recovery Zone Pursuant to the American Recovery and Reinvestment Act of 2009
Be It Resolved by the Board of Supervisors of Woodbury County, Iowa (the “Issuer”) as follows:
WHEREAS, the American Recovery and Reinvestment Act of 2009 (“ARRA”) provided, among other purposes, for the creation of certain new financing tools designed to promote economic recovery in designated areas; and
WHEREAS, sections 1400U-1 through 1400U-3 of the Internal Revenue Code of 1986, as amended (the “Code”), have codified the provisions of ARRA relating to the establishment of programs for the issuance of Recovery Zone Facility Bonds and Recovery Zone Economic Development Bonds (“RZ Bonds”); and
WHEREAS, the Issuer understands that RZ Bonds are to be issued with respect to or to finance certain expenditures located in or attributable to an area (the “Recovery Zone”) within the jurisdiction of the Issuer that the Issuer determines has a significant level of one or more of the following factors:  poverty, unemployment, home foreclosures, or general distress (collectively, the “Distress Factors”); and
WHEREAS, the Issuer has determined that the unemployment rates and home foreclosures in Woodbury County, Iowa have significantly increased from 2008 to 2010, causing one or more of the Distress Factors to exist in the County; and
WHEREAS, the Issuer seeks to designate Woodbury County as a Recovery Zone under the Code;
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Woodbury County, Iowa, as follows:
SECTION 1.  FINDINGS OF RECOVERY ZONE ELIGIBILITY.  The Issuer hereby finds that the County has suffered a significant level of one or more of the Distress Factors, namely an increase in poverty, unemployment, home foreclosures and general distress.
SECTION 2.  DESIGNATION OF RECOVERY ZONE.  The Issuer hereby establishes a Recovery Zone pursuant to Section 1400U-1 of the Code for the entirety of Woodbury County, and designates all areas within the legal boundaries of the County as a Recovery Zone.
SECTION 3.  APPROVAL; AUTHORIZATION.  The Chairperson and the County Auditor are authorized to sign, deliver, or file any documents, agreements, or certificates in connection with the designation of the Recovery Zone as may be required by ARRA, the Code, and any other applicable statute or regulation, and as necessary and appropriate to effectuate the terms of this Resolution.
SECTION 4.  TERMS OF RESOLUTION.  If any section, paragraph, or provision of this Resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions.
SECTION 5. PRIOR RESOLUTIONS.  All resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict.
Passed and approved August 31, 2010
 WOODBURY COUNTY BOARD OF SUPERVISORS
 Copy filed.

 The Board discussed the “Investing in Woodbury County” loan program description with Rob Marqusee.

 Motion by Monson second by Walish to approve the Investing in Woodbury County Loan Program.  Carried 5-0.

 Motion by Clausen second by Walish to approve and authorize the Chairman to sign a certificate of completion for project
 #G-2009 with Hallet Material for maintenance gravel, per recommendation of Mark Nahra, County Engineer.  Carried 5-0.  Copy filed.

 Motion by Monson second by Smith to approve and authorize the Chairman to sign a certificate of completion for project  #G-2009A with Hallet Material for de-icing sand, per recommendation of Mark Nahra, County Engineer.  Carried 5-0.  Copy filed.

 Motion by Walish second by Clausen to approve and authorize the Chairman to sign a certificate of completion for entrance bridge O-89-I with Kooiker, Incorporated, per recommendation of Mark Nahra, 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.
      
The Board adjourned the regular meeting until September 7, 2010.
      
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August 31, 2010 Cont’d.                                                                                                                                                      Page 7