Minutes - 12/3/2019

DECEMBER 3, 2019, FORTY-NINTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, December 3, 2019 at 4:30 p.m. Board members present were Ung, De Witt, Taylor, Pottebaum, and Radig. Staff members present were Karen James, Board Administrative Assistant, Dennis Butler, Budget/Tax Analyst, Melissa Thomas, Human Resources Director, Joshua Widman, Assistant County Attorney, and Michelle Skaff, Deputy Auditor/Clerk to the Board.

The regular meeting was called to order at 4:30 p.m. with the Pledge of Allegiance to the Flag and a Moment of Silence.

There were no Citizen Concerns

Motion by Radig second by De Witt to approve the agenda for December 3, 2019. Carried 5-0. Copy filed.

Motion by Radig second by Ung to approve the following items by consent:

To approve minutes of the November 26, 2019 meeting. Copy filed.

To approve the claims totaling $356,900.10. Copy filed.

To approve and authorize the Chairperson to sign a Resolution the abatement of taxes for Yes Communities VIN AC3686,1970 Artcraft and VIN 3250N, 1977 Medallion.

WOODBURY COUNTY, IOWA
RESOLUTION #12,925
RESOLUTION APPROVING ABATEMENT OF TAXES

WHEREAS, Yes Communities is the titleholder of a mobile home VIN AC3686 and VIN 3250N located in Woodbury County, Iowa and legally described as follows:

VIN AC3686, 1970 Artcraft
VIN 3250N, 1977 Medallion

WHEREAS, the abovestated mobile homes have taxes payable including special assessments and the mobile homes are owned by Yes Communities.

WHEREAS, these taxes are uncollectable or impractical to pursue collection through personal judgment or tax sale.

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 and hereby directs the Woodbury County Treasurer to abate these aforementioned taxes from the tax records.

SO RESOLVED this 3rd day of December, 2019.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Carried 5-0.

Motion by Radig second by Ung to approve and authorize the Chairperson to sign the Construction Evaluation Resolution. Carried 5-0

WOODBURY COUNTY, IOWA
RESOLUTION #12,926
CONSTRUCTION EVALUATION RESOLUTION

WHEREAS, Iowa Code section 459.304(3) sets out the procedure if a board of supervisors wishes to adopt a “construction evaluation resolution” relating to the construction of a confinement feeding operation structure; and

WHEREAS, only counties that have adopted a construction evaluation resolution can submit to the Department of Natural Resources (DNR) an adopted recommendation to approve or disapprove a construction permit application regarding a proposed confinement feeding operation structure; and

WHEREAS, only counties that have adopted a construction evaluation resolution and submitted an adopted recommendation may contest the DNR’s decision regarding a specific application; and

WHEREAS, by adopting a construction evaluation resolution the board of supervisors agrees to evaluate every construction permit application for a proposed confinement feeding operation structure received by the board of supervisors between February 1, 2020 and January 31, 2021 and submit an adopted recommendation regarding that application to the DNR; and

WHEREAS, the board of supervisors must conduct an evaluation of every construction permit application using the master matrix created in Iowa Code section 459.305, but the board’s recommendation to the DNR may be based on the final score on the master matrix or may be based on reasons other than the final score on the master matrix;

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF WOODBURY COUNTY that the Board of Supervisors hereby adopts this construction evaluation resolution pursuant to Iowa Code section 459.304(3).

SO RESOLVED this 3rd day of December, 2019.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Radig second by Ung to approve and authorize the Chairperson to sign a resolution to fix a date for a public hearing on General Obligation Loan Agreement and issuance of Bonds for County Road Improvements. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION #12,927
Resolution to fix a date for a public hearing on a General Obligation Loan Agreement and issuance of Bonds for County Road Improvements

WHEREAS, counties in the State of Iowa are authorized by Sections 331.402, 331.441 and 331.443 of the Code of Iowa to enter into loan agreements and issue general obligation bonds for the purpose of undertaking capital projects for the construction, reconstruction, improvement, repair or equipping of bridges, roads and culverts, if such capital projects assist in economic development which creates jobs and wealth; and
WHEREAS, the Board of Supervisors (the “Board”) of Woodbury County, Iowa (the “County”) has established the Grow Woodbury County Urban Renewal Area (the “Urban Renewal Area”), based on a finding of the need for economic development in the County and has amended the urban renewal plan for the Urban Renewal Area to designate an urban renewal project consisting of improvements to all County roads, bridges and culverts in order to assist economic development; and
WHEREAS, the Board proposes to enter into a loan agreement (the “Loan Agreement”) and issue general obligation bonds (the “Bonds”) in a principal amount not to exceed $10,000,000, pursuant to the provisions of Sections 331.402, 331.441 and 331.443 of the Code of Iowa, for the essential county purpose of financing the reconstruction and improvement of all County roads, bridges and culverts; and
WHEREAS, it is necessary to fix a date of meeting of the Board at which it is proposed to hold a hearing and take action to enter into the Loan Agreement and express intent to issue the Bonds, and to give notice thereof as required by law;
NOW, THEREFORE, Be It Resolved by the Board of Supervisors of Woodbury County, Iowa, as follows:
Section 1. This Board shall meet on the 17th day of December, 2019, at the Woodbury County Courthouse, Sioux City, Iowa, at ___________ __.m., at which time and place a hearing will be held and proceedings will be instituted and action taken to enter into the Loan Agreement and issue the Bonds.
Section 2. The County Auditor is hereby directed to give notice of the proposed action on the Loan Agreement and the Bonds, setting forth the amount and purpose thereof, the time when and place where the said meeting will be held, by publication at least once and not less than 4 nor more than 20 days before the meeting, in a legal newspaper of general circulation in the County, in substantially the following form:
NOTICE OF PROPOSED HEARING ON LOAN AGREEMENT AND ISSUANCE OF BONDS
IN A PRINCIPAL AMOUNT NOT TO EXCEED $10,000,000
(General Obligation County Road Improvements)
The Board of Supervisors of Woodbury County, Iowa, will meet on the 17th day of December, 2019, at the Woodbury County Courthouse, Sioux City, Iowa, at ______ __.m., for the purpose of holding a hearing and taking action to enter into a loan agreement (the “Loan Agreement”) and issue General Obligation Bonds (the “Bonds”) in a principal amount not to exceed $10,000,000 for the essential county purpose of making improvements to County roads, bridges and culverts.
The Loan Agreement is proposed to be entered into and the Bonds are proposed to be issued pursuant to authority contained in Sections 331.402, 331.441 and 331.403 of the Code of Iowa. The Loan Agreement and the Bonds will constitute general obligations of the County.
At that time and place, oral or written objections may be filed or made to the proposal to enter into the Loan Agreement and to issue the Bonds. After receiving objections, the County may determine to enter into the Loan Agreement and issue the Bonds, in which case, the decision will be final unless appealed to the District Court within fifteen (15) days thereafter.
By order of the Board of Supervisors of Woodbury County, Iowa.
Pat Gill
County Auditor

Section 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict.
SO RESOLVED this 3rd day of December, 2019.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

The Board heard reports on committee meetings.

There were no citizen concerns.

Board concerns were heard.

The Board adjourned the regular meeting until December 10, 2019.

Meeting sign in sheet. Copy filed.