Minutes - 5/8/2012

MAY 08, 2012 — NINETEENTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, May 08, 2012 at 10:00 a.m.  Board members present were Monson, Tripp, Boykin, Clausen, and Smith.  Staff members present were Karen James, Board Administrative Coordinator, Joshua Widman, Assistant County Attorney, and Jean Jessen/Deputy Auditor. 

      
The Claims were approved as presented.  Copy filed.

Motion by Tripp second by Boykin to go into closed session per Iowa Code Section 21.5(1)(c).  Carried 5-0 on a roll-call vote.

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

The meeting was called to order.

Motion by Clausen second by Tripp to approve the minutes of the 05/01/2012 Board meeting.  Carried 5-0.  Copy filed.

The Board approved the separation of Todd Weaver, Custodian, Building Services Dept., effective 04-24-12.  Resignation.  Copy filed.

The Board approved the reclassification of Lisa Anderson, Secretary, Human Resources Dept., effective 05-16-12, $17.48/hour, 3.3%/$.57/hour.  Per Wage Plan comparability with AFSCME Court House Contract @ FY 10/11 rate, from Grade 5, Step 2, to Grade 5, Step 3.  Copy filed.
 
Motion by Clausen second by Boykin to approve and authorize the Chairperson to sign an “Authorization to Initiate Hiring Process” for (2) F/T Case Managers, Social Services Dept., Wage Plan:  $17.76/hour.  Carried 5-0.  Copy filed.

Motion by Boykin second by Monson to approve and authorize the Chairperson to sign a Resolution approving a petition for suspension of taxes for Florence Riffey, 1905 W 4th St., Sioux City, parcel #894730277012.  Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION # 10,898
RESOLUTION APPROVING SUSPENSION OF TAXES
 
WHEREAS, Florence A. Riffey  is the titleholder of  property located at 1905 W. 4th Street, Sioux City,  Woodbury County, Iowa, and legally described as follows:  
    
Parcel # 8947 30 277 012

West  36 Feet Lot Thirteen (13) Block Three (3) Hornicks Addition, City of Sioux City, Woodbury County, Iowa
                           
WHEREAS, Florence A. Riffey is the titleholder of the aforementioned property 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 8th day of  May, 2012. 
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Clausen second by Boykin to authorize Patty Erickson-Puttman to electronically submit Justice Assistance Grant. (JAG).  Carried 5-0.  Copy filed.

Motion by Boykin second by Tripp to approve submission of Justice Assistance Grant Application. Carried 5-0.  Copy filed.

Motion by Boykin second by Clausen to award the bid for the Tandem Dump Truck to Boyer Ford Trucks for $141,892.00, per recommendation of Mark Nahra, County Engineer.  Carried 5-0.  Copy filed.

Motion by Monson second by Clausen to award the bid for the Motor Grader to Murphy Tractor for $187,918.00, per commendation of Mark Nahra, County Engineer.  Carried 5-0.   Copy filed.

Motion by Monson second by Boykin to approve and authorize the Chairperson to sign a Resolution setting speed limits on Farm to Market Extension through Cushing.  Carried 5-0. 

WOODBURY COUNTY, IOWA
RESOLUTION # 10,899
RESOLUTION SETTING SPEED LIMITS
ON FARM TO MARKET EXTENSION THROUGH CUSHING

WHEREAS: The Board of Supervisors of Woodbury County is empowered under the authority of sections 321.255 and 321.285, subsection 4 of the Code of Iowa to determine upon the basis of an engineering and traffic investigation conducted by the County Engineer that the speed limit of any secondary road is greater than is reasonable and proper under the conditions existing, and may determine and declare a reasonable and proper speed limit, and

WHEREAS: Such investigation has been requested and completed and the county engineer has reached an opinion concerning the reasonable and proper speed for the road listed herein,

NOW, THEREFORE BE IT RESOLVED, by the Woodbury County Board of Supervisors that the following speed limits be established and appropriate signs erected at the locations described as follows:

1). Beginning at the intersection of County Highways L43 and D22, also known as the intersection of Main Street and 3rd Street Cushing, then east 700 feet, a speed limit of 20 miles per hour is established.

2) Beginning 700 feet east of the intersection of County Highways L43 and D22, also known as the intersection of Main Street and 3rd Street Cushing, a speed limit of 45 miles per hour is established.  Said speed zone continues east to the intersection of County Highway D22 and Woodbury Avenue.

3) Beginning at the intersection of County Highway D22 and Woodbury Avenue, currently the east city limits of Cushing on County Highway D22, a speed limit of 55 miles per hour is established.

4) Beginning at the intersection of County Highways L43 and D22, also known as the intersection of Main Street and 3rd Street Cushing, then west 150 feet, a speed limit of 20 miles per hour is established.

5) Beginning 150 feet west of the intersection of County Highways L43 and D22, also known as the intersection of Main Street and 3rd Street Cushing, and continuing 790 feet west to the intersection of 3rd Street and State Street, a speed limit of 25 miles per hour is established.

6) Beginning at the intersection of 3rd Street and State Street, Cushing, and continuing 700 feet west, a 45 mile per hour speed limit is established.   

7) Beginning 700 feet west of the intersection of 3rd Street and State Street, Cushing, a 55 mile per hour speed limit is established.
 
Speed limits shall be effective when appropriate signs giving notice of the speed limits are erected.

Passed and approved this 8th day of May, 2012
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

A public hearing was held at 10:15 a.m. for the Platinum Grain Urban Renewal Plan. 

The Chairperson called on anyone wishing to be heard. 
      
Motion by Boykin second by Monson to close the hearing.   Carried 5-0.
      
Motion by Tripp second by Boykin to approve and authorize the Chairperson to sign a Resolution for the Platinum Grain Urban Renewal Plan.  Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION # 10,900
PLATINUM GRAIN URBAN RENEWAL PLAN

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 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 that an urban renewal area be established to include the property described in Exhibit A to this Resolution; and
WHEREAS, a proposal has been made regarding the area identified above for the purpose of establishing the need to designate the area as being appropriate for economic development; and
WHEREAS, the proposal demonstrates that sufficient need exists to warrant finding the area to be an economic development area; and
WHEREAS, notice of a public hearing by the Board of Supervisors on the question of establishing the area identified above as an urban renewal area and on a proposed urban renewal plan and project for the area was heretofore given in strict compliance with the provisions of Chapter 403 of the Code of Iowa, and the Board has conducted said hearing; and
WHEREAS, Section 403.17 of the Code of Iowa requires an agreement between a county and a city with respect to an urban renewal area located inside or within two miles of the city limits of a city; and
WHEREAS, a portion of the property proposed to be included in the urban renewal area is located within two miles of the city limits of the City of Anthon  (the “City”); and
WHEREAS, an agreement between the County and the City  has been prepared, pursuant to which the City  has given its consent that the County may exercise urban renewal powers within two miles of the city limits of the City; and
WHEREAS, copies of the urban renewal plan, notice of public hearing and notice of a consultation meeting with respect to the urban renewal plan were mailed to the Anthon-Oto Community School District and Western Iowa Tech Community College; the consultation meeting was held; 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 Woodbury County, Iowa, as follows:
Section 1. An economic development area as defined in Chapter 403 of the Code of Iowa is found to exist with respect to the property described in Exhibit A.
Section 2. The area identified in Section 1 hereof 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 Platinum Grain Urban Renewal Area.

Section 3. The development of this area is necessary in the interest of the public health, safety or welfare of the residents of Woodbury County, Iowa.

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

a. The proposed urban renewal plan conforms to the general plan of the County as a whole;

b. Proposed economic 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.

Section 5. The urban renewal plan for the Platinum Grain Urban Renewal Area is made a part hereof and is hereby in all respects approved in the form presented to this Board, and the proposed project for such area based upon such plan is hereby in all respects approved.

Section 6.  The form of joint agreement between the County and the City of Anthon, set out as Exhibit B to this Resolution, is hereby approved, and the Chairperson and County Auditor are hereby authorized and directed to execute said agreement on behalf of the County.

Section 7. All resolutions or parts thereof in conflict herewith are hereby repealed, to the extent of such conflict.

Passed and approved May 8, 2012.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Boykin second by Tripp to adopt the Ordinance providing for the division of taxes levied on taxable property in the Platinum Grain Urban Renewal area.  Carried 5-0.

Motion by Monson second by Tripp to approve a Waiver of Statutory requirement that Ordinance be considered at two meetings prior to adoption.  Carried 5-0.

A public hearing was held for the Platinum Grain Development Agreement and Minimum Assessment Agreement

The Chairperson called on anyone wishing to be heard.

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

Motion by Boykin second by Monson to approve and authorize the Chairperson to sign a Resolution for the adoption of Platinum Grain Development Agreement.  Carried 5-0.
WOODBURY COUNTY, IOWA
RESOLUTION # 10,901
ADOPTION OF PLATINUM GRAIN
DEVELOPMENT AGREEMENT

WHEREAS, Woodbury 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 Platinum Grain 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 Platinum Grain, LLC (the “Company”) has been prepared (the “Agreement”), pursuant to which the Company would agree to construct a grain handling facility in the Urban Renewal Area (the “Platinum Grain Project”) and the County would provide tax increment payments in a total amount not exceeding $2,000,000; and

WHEREAS, in the Agreement, the Company agrees to enter into a minimum assessment agreement (the “Minimum Assessment Agreement”) in the form that is attached to the Agreement; 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 May 8, 2012, 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 Woodbury County, Iowa, as follows:
Section 1. Pursuant to the factors listed in Chapter 15A, the Board hereby finds that:
(a) The Platinum Grain Project will add diversity and generate new opportunities for the Woodbury County and Iowa economies;
(b) The Platinum Grain Project will generate public gains and benefits, particularly in the creation of new jobs and additional taxable valuation which are warranted in comparison to the amount of the proposed property tax incentives.
Section 2. The Board further finds that a public purpose will reasonably be accomplished by entering into the Agreement and providing the property tax payments to Platinum Grain, LLC.
Section 3. The Agreement and the Minimum Assessment Agreement are hereby approved and the Chairperson and County Auditor are hereby authorized and directed to execute and deliver the Agreement and Minimum Assessment Agreement on behalf of the County, in substantially the form and content in which the Agreement and Minimum Assessment Agreement have 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 and Minimum Assessment Agreement.
Section 4. As provided and required by Chapter 403 of the Code of Iowa, the County’s obligations under the Agreement shall be payable solely from the income and proceeds of the Urban Renewal Tax Revenue Fund referred to in the preamble of this Resolution.
Section 5. The County hereby pledges to the payment of the Agreement the Urban Renewal Tax Revenue Fund and the taxes referred to in Subsection 2 of Section 403.19 of the Code of Iowa to be paid into such Fund
Section 6. After its adoption, a copy of this resolution shall be filed in the office of the County Auditor of Woodbury County to evidence the continuing pledging of the Urban Renewal Tax Revenue Fund and the portion of taxes to be paid into such Fund 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 7. All resolutions or parts thereof in conflict herewith are hereby repealed.
Passed and approved this 8th day of May, 2012.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

The Chairperson 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 May 15, 2012.