Minutes - 2/19/2013

FEBRUARY 19, 2013 — EIGHTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, February 19, 2013 at 10:00 a.m.  Board members present were Clausen, Tripp, and Monson; Smith and Boykin were absent.  Staff members present were Karen James, Board Administrative Coordinator, Dennis Butler, Finance/Operations Controller, Joshua Widman, Assistant County Attorney, and Patrick F. Gill, Auditor/Clerk to the Board. 
      
The Claims were approved as presented.  Copy filed.

The Board of Supervisors canvassed the Western Iowa Tech Special Election held on the 5th day of February, 2013.

Motion by Tripp second by Monson to receive for signatures the canvass of the Western Iowa Tech Special Election held on the 5th day of February, 2013.  Carried 3-0.

Western Iowa Tech Community College - Public measure

“Shall the Board of Directors of Western Iowa Tech Community College in the Counties of Buena Vista,
Carroll, Cherokee, Crawford, Harrison, Ida, Monona, Plymouth, Sac, Shelby, Sioux and Woodbury,
State of Iowa, cause to be levied a tax not to exceed six (6) cents per thousand dollars of assessed value
in any one year for a period of ten consecutive fiscal years beginning with the tax levy to be made for
collection in the fiscal year ending June 30, 2016, for either of the following purposes:  program sharing
between community colleges or for the purchase of instructional equipment; or for such other purposes
as authorized by law, as provided in Chapter 260C, Section 28 of the Code of Iowa?”

For the question, there were: Two thousand seven hundred ninety-eight (2798) votes
 
Against the question, there were: One thousand fifty-seven (1057) votes
 
TOTAL Three thousand eight hundred fifty-five (3855) votes
 
The meeting was called to order.

Motion by Monson second by Tripp to approve the minutes of the 2/12/2013 Board meeting.  Carried 3-0.  Copy filed.

Motion by Monson second by Tripp to approve the separation of Kenneth Grimes, Civilian Jailer, County Sheriff Dept., effective 02/07/2013.  Separation and the reclassification of Jerardo Cruz, Civilian Jailer, County Sheriff Dept., effective 03/09/2013, $19.88/hour, 10.8%=$1.95/hour.  Per CWA Civilian Officer Contract agreement, from Class 1 to Senior Class.   Carried 3-0.  Copy filed.
      
Motion by Monson second by Tripp to approve and authorize the Chairperson to sign an “Authorization to Initiate Hiring Process” for Civilian Jailer, County Sheriff Dept., CWA Civilian Officer:  $16.56/hour.  Carried 3-0.  Copy filed.

Motion by Tripp second by Monson to increase the weekly hours requirement to be eligible for Woodbury County Employee Benefits from 25 hours to 30 hours.  Carried 3-0.

Motion by Monson second by Tripp to consent to the representation by Ahlers & Cooney PC of the City of Sioux City in connection with the Urban Renewal Matters.  Carried 3-0.

Motion by Monson second by Tripp to approve and authorize the Chairperson to sign a Resolution setting the public hearing and sale date for Parcel #224940, 208 W 5th St., Sioux City.  Carried 3-0.

RESOLUTION # 11,009
NOTICE OF PROPERTY SALE
Parcel #224940
 
WHEREAS Woodbury County, Iowa was the owner under a tax deed of a certain parcel of real estate described as:

West Twenty-Seven feet East One Hundred Seven feet, Lot Fifteen, Block Nine Highland Plat 3rd Addition, City of Sioux City, Woodbury County, IA
(2408 W. 5th Street)

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  5th  Day of March, 2013 at 10:15 o’clock 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 at a
public auction to be held on the 5th Day of March, 2013, immediately
following the closing of the public hearing.
     
3. That said Board proposes to sell the said real estate to the highest
bidder at or above a total minimum bid 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 19th Day of February, 2013.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Tripp second by Monson to approve and authorize the Chairperson to sign a Resolution setting the date for a meeting on the authorization of a loan agreement and the issuance of $1,200,000 General Obligation Capital loan note.  Carried 3-0 on a roll call vote.

WOODBURY COUNTY, IOWA
RESOLUTION #11,010

RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF $1,200,000 GENERAL OBLIGATION CAPITAL LOAN NOTES,
SERIES 2013, OF WOODBURY COUNTY, STATE OF IOWA,
AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF
      
      
WHEREAS, it is deemed necessary and advisable that Woodbury County, State of Iowa, should provide for the authorization of a Loan Agreement and the issuance of General Obligation Capital Loan Notes, Series 2013, to the amount of not to exceed $1,200,000, as authorized by Sections 331.402, 331.441, 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 2013, issued to evidence the obligation of the County there under, 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 meet in the Board Room, Woodbury County Courthouse, 620 Douglas Street, Sioux City, Iowa, Sioux City, Iowa, at 10:15 o'clock A.M., on the 19th day of February, 2013, for the purpose of taking action on the matter of the authorization of a Loan Agreement and the issuance of not to exceed $1,200,000 General Obligation Capital Loan Notes, Series 2013, to evidence the obligations of the County there under for an essential county purpose, the proceeds of which will be used to pay costs of acquisition and installation of improvements and equipment for the lockup/jail facilities at the Law Enforcement Center.

Section 2. The Auditor 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 2013, evidencing the County's obligations to a principal amount of not to exceed $1,200,000, 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 NOT TO EXCEED $1,200,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2013, (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, will hold a public hearing on the 5th day of March, 2013, at 10:17 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 and the issuance of not to exceed $1,200,000 General Obligation Capital Loan Notes, Series 2013, for an essential county purpose, in order to pay costs of acquisition and installation of improvements and equipment for the lockup/jail facilities at the Law Enforcement Center.
      
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 there under 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, and 331.443 of the Code of Iowa, as amended.

Dated this 19th day of February, 2013.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Monson second by Tripp to approve and authorize the Chairperson to sign a Resolution setting the date for a meeting on the authorization of a loan agreement and the issuance of $200,000 General Obligation Capital loan note.  Carried 3-0 on a roll call vote.

WOODBURY COUNTY, IOWA
RESOLUTION #11,011

RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF $200,000 GENERAL OBLIGATION CAPITAL LOAN NOTES,
SERIES 2013, OF WOODBURY COUNTY, STATE OF IOWA,
AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF
      
WHEREAS, it is deemed necessary and advisable that Woodbury County, State of Iowa, should provide for the authorization of a Loan Agreement and the issuance of General Obligation Capital Loan Notes, Series 2013, to the amount of not to exceed $200,000, as authorized by Sections 331.402, 331.441, 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 2013, issued to evidence the obligation of the County there under, 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 meet in the Board Room, Woodbury County Courthouse, 620 Douglas Street, Sioux City, Iowa, Sioux City, Iowa, at 10:15 o'clock A.M., on the 19th day of February, 2013, for the purpose of taking action on the matter of the authorization of a Loan Agreement and the issuance of not to exceed $200,000 General Obligation Capital Loan Notes, Series 2013, to evidence the obligations of the County there under for an essential county purpose, the proceeds of which will be used to pay costs of acquisition and installation of computer system upgrades and energy conservation improvements at the Courthouse, Trosper Hoyt and Law Enforcement Center.

Section 2. The Auditor 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 2013, evidencing the County's obligations to a principal amount of not to exceed $200,000, 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 NOT TO EXCEED $200,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2013, (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, will hold a public hearing on the 5th day of March, 2013, at 10:19 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 and the issuance of not to exceed $200,000 General Obligation Capital Loan Notes, Series 2013, for an essential county purpose, in order to pay costs of acquisition and installation of computer system upgrades and energy conservation improvements at the Courthouse, Trosper Hoyt and Law Enforcement Center.
      
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 there under 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, and 331.443 of the Code of Iowa, as amended.

Dated this 19th day of February, 2013.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Monson second by Tripp to approve and receive for signatures a Resolution setting the date for a public hearing for vacating road right-of-way, per recommendation of County Engineer Mark Nahra.  Carried 3-0.

WOODBURY COUNTY, IOWA
A RESOLUTION SETTING DATE FOR PUBLIC
HEARING FOR VACATING ROAD RIGHT-OF -WAY
RESOLUTION #11,012

WHEREAS, the Woodbury County Board of Supervisors in accordance with Section 306.11, (Code of Iowa) 1997, as amended, seeks to set a date for public hearing to vacate a road legally described as follows:
 
Vacate all that portion of county road right–of-way described as follows.

All of Stoddard Ave lying between Ivy St. (commonly known as Garretson Ave) and Vine St., between block 28 and 29 and all of a 16’ wide alley in block 29 of Morningside Addition to Sioux City, Iowa, in Section 4 T88N, R47W, Woodbury Township of the 5th P.M. Woodbury County, Iowa.

NOW THEREFORE,

BE IT RESOLVED by the Woodbury County Board of Supervisors that on Tuesday, March 26, 2013 at 10:25 A.M CDT, the County will hold a Public Hearing to vacate the above described right-of-way. 

SO RESOLVED this 19th day of February 2013.
WOODBURY COUNTY, IOWA
Copy filed.

Motion by Monson second by Tripp to approve and authorize the Chairperson sign a Resolution of support for an STP Application for a Paving Project on County Route D50, 260th St., per recommendation of County Engineer Mark Nahra.  Carried 3-0.

WOODBURY COUNTY, IOWA
A RESOLUTION SUPPORT OF AN STP APPLICATION
FOR A PAVING PROJECT ON COUNTY ROUTE D50, 260TH STREET
RESOLUTION #11,013

WHEREAS: The Board of Supervisors is submitting application to the SIMPCO MPO Surface Transportation Program for the following project in FY 2017, and

D51 PCC Pavement Replacement Project

NOW, THEREFORE, BE IT RESOLVED by the Woodbury County Board of Supervisors that County Engineer is directed to submit application for the above captioned project, that the Board of Supervisors will dedicate the local match funding for the project, and that Woodbury County will maintain the completed project for its intended public use for a minimum of 20 years following project completion.

Passed and approved this 14th day of February, 2013.
WOODBURY COUNTY, IOWA
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 February 26, 2013.