Minutes - 8/22/2017

AUGUST 22, 2017, THIRTYSECOND MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, August 22, 2017 at 4:30 p.m.  Board members present were De Witt, Pottebaum, Radig, Ung, and Taylor.  Staff members present were Dennis Butler, Budget/Tax Analyst, Karen James, Board Administrative Assistant, Ed Gilliland, Human Resources Director, Abigail Sills, Assistant County Attorney and Michelle Skaff, Deputy Auditor/Clerk to the Board.

The regular meeting was called to order with the Pledge of Allegiance to the Flag and a Moment of Silence. 

There were no citizen concerns.   

Motion by Ung second by De Witt to approve the Agenda for August 22, 2017.  Carried 4-0.  Copy filed.

Motion by De Witt second by Ung to approve the following items by consent:

To approve minutes of the August 15, 2017 meeting.  Copy filed.

To approve the claims totaling $688,314.03.  Copy filed.

To approve and authorize the Chairperson to sign a Resolution setting the public hearing date and sale date of parcel #894717351012 & #894717351011, 1667 W. Lunah Ave. & 1673 W. Lunah Ave., Sioux City. 

RESOLUTION #12,613

NOTICE OF PROPERTY SALE

WHEREAS Woodbury County, Iowa was the owner under a tax deed of a certain parcel of real estate described as:

Lot 29 Pleasant View Addition, City of Sioux City, in the County of Woodbury and State of Iowa

(1667 W. Lunah Ave.)

Lot 28 Pleasant View Addition, City of Sioux City, in the County of Woodbury and State of Iowa

(1673 W. Lunah Ave.)  

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 September, 2017 at 4:35 o’clock p.m. in the basement 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 September, 2017, 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 $511.00 plus recording fees.

Dated this 22nd Day of August, 2017.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

To approve the promotion of Justin Donaghu, Jail Sergeant, County Sheriff Dept., effective 8-28-17, $27.75/hour, 36%=$7.48/hour.  Promotion to Jail Sergeant.; the promotion of Anthony Fitch, Jail Sergeant, County Sheriff Dept., effective 8-28-17, 27.75/hour, 10%=$2.67/hour.  Promotion to Jail Sergeant.; the promotion of Blake Stahlecker, Jail Sergeant, County Sheriff Dept., effective 8-28-17, $27.75/hour, 23%=$5.28/hour.  Promotion to Jail Sergeant.; the promotion of Jennifer Wersal, Jail Sergeant, County Sheriff Dept., effective 8-28-17, $27.75/hour, 23%=$5.28/hour.  Promotion to Jail Sergeant.; the transfer of Clifford Moodie, Court Security Officer, County Sheriff Dept., effective 8-28-17, $25.08/hour, 0%.  Transfer from Civilian Jailer to Court Security Officer.; the separation of Aaron Girard, Civilian Jailer, County Sheriff Dept., effective 8-29-17.  Resignation.; the reclassification of David Lacy, Custodian, Building Service Dept., effective 9-05-17, $18.23/hour, 8%=$1.38/hr.  Per AFSCME Courthouse Contract agreement, from Grade 1/Step 4 to Grade 1/Step 5.; the reclassification of Abigail Sills, Asst. County Attorney, County Attorney Dept., effective 9-13-17, $59,998/year, 5%=$2,881.20/yr.  Per Wage Plan comparability with AFSCME Asst. County Attorney Contract, from Step 1 to Step 2.; and the reclassification of Douglas Shupe, District Foreman, Secondary Roads Dept., effective 9-14-17, $68,432/year, 2%=$1,414.40/year.  Per Wage Plan Matrix, 5 year Salary Increase.   Copy filed.

To approve and authorize the Chairperson to sign the Authorization to initiate the hiring process for Civilian Jailer, County Sheriff Dept., CWA:  $18.72/hour. Copy filed.

To approve the de-authorization of (4) Civilian Jailer Positions, County Sheriff Dept.  Copy filed.

To approve a 12-month cigarette/tobacco permit for Heritage Express, 1501 330th St., Sloan, IA, effective 07/01/17 through 06/30/18.  Copy filed.

To approve the 2017 Business Property Tax Credit applications payable 2018/2019 approved by the City Assessor.  Copy filed.

To approve the 2017 Business Property Tax Credit applications payable 2018/2019 disallowed by the City Assessor.  Copy filed.

To approve the 2017 Disabled Veteran Homestead Credit applications payable 2018/2019 approved by the City Assessor.  Copy filed.

To approve the 2017 Disabled Veteran Homestead Credit applications payable 2018/2019 disallowed by the City Assessor.  Copy filed.

To approve the 2017 Homestead and Military Applications payable 2018/2019 approved by the City Assessor.  Copy filed.

To approve the 2017 Homestead and Military Applications payable 2018/2019 disallowed by the City Assessor.  Copy filed.

To approve the 2017 Homestead and Military Applications payable 2018/2019 approve by the County Assessor.  Copy filed.

To approve the 2017 Homestead and Military applications payable 2018/2019 disallowed by the County Assessor.  Copy filed.

To approve the permit to work in the right of way of Rocky De Witt.   Copy filed.

Carried 4-0 for items 1-7; 3-0, with De Witt abstaining on #8.

A public hearing was held at 4:35 p.m. for the sale of parcel #894729101019, 703 Ross St.  The Chairperson called on anyone wishing to be heard.

Motion by Ung second by Taylor to close the public hearing.  Carried 4-0.  

Radig joined the meeting.

Motion by Taylor second by Pottebaum to approve and authorize the Chairperson to sign a Resolution for the sale of real estate parcel #894729101019, 703 Ross St., to Aloha Grant, 707 Ross St., Sioux City, for $250.00 plus recording fees.  Carried 5-0.

RESOLUTION OF THE BOARD

OF SUPERVISORS OF WOODBURY COUNTY, IOWA

RESOLUTION #12,614    

BE IT RESOLVED by the Board of Supervisors of Woodbury County, Iowa, that the offer at public auction of:

By   Aloha M. Grant__in the sum of Two Hundred Fifty Dollars & 00/100 ($250.00)-----------------------------------------------------dollars.

For the following described real estate, To Wit:  

Parcel #894729101019

The South 50 feet of Lots 2, 3, & 4 all in Block 3 of Sioux City, now known as South Smith’s Villa Addition, in the County of Woodbury and State of Iowa

(703 Ross Street)

Now and included in and forming a part of the City of Sioux City, Iowa, the same is hereby accepted: said Amount being a sum LESS than the amount of the general taxes, interests, costs and penalties against the said Real Estate.

BE IT RESOLVED that payment is due by close of business on the day of passage of this resolution or this sale is null and void and this resolution shall be rescinded.

BE IT RESOLVED that per Code of Iowa Section 569.8(3 & 4), a parcel the County holds by tax deed shall not be assessed or taxed until transferred and upon transfer of a parcel so acquired gives the purchaser free title as to previously levied or set taxes.  Therefore, the County Treasurer is requested to abate any taxes previously levied or set on this parcel(s).

BE IT FURTHER RESOLVED that the Chairman of this Board be and he is hereby authorized to execute a Quit Claim Deed for the said premises to the said purchaser.

SO DATED this 22nd Day of August, 2017.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.  

Motion by Radig second by Ung to approve and authorize the Chairperson to sign a Resolution fixing date for a meeting on the authorization of a loan agreement and the issuance of not to exceed $850,000 General Obligation Capital Loan Notes of Woodbury County, State of Iowa (for essential County purposes), and providing for publication of notice thereof.  Carried 5-0.

RESOLUTION #12,615

RESOLUTION FIXING DATE FOR A MEETING ON THE

AUTHORIZATION OF A LOAN AGREEMENT AND THE

ISSUANCE OF NOT TO EXCEED $850,000 GENERAL

OBLIGATION CAPITAL LOAN NOTES OF WOODBURY

COUNTY, STATE OF IOWA (FOR ESSENTIAL COUNTY

PURPOSE), 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 issuance of General Obligation Capital Loan Notes, to the amount of not to exceed $850,000, as authorized by Sections 331.402 and 331.443, of the Code of Iowa, for the purpose of providing funds to pay costs of carrying out essential county purpose projects 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, 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:

That this Board meet in the Board Room, Woodbury County Courthouse, 620 Douglas Street, Sioux City, Iowa, at 4:45 P.M., on the 5th day of September, 2017, for the purpose of taking action on the matter of the authorization of a Loan Agreement and issuance of not to exceed $850,000 General Obligation Capital Loan Notes, for essential county purposes, the proceeds of which notes will be used to provide funds to pay the costs of peace officer communication equipment and other emergency services communication equipment and systems.

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, evidencing the County's obligations to a principal amount of not to exceed $850,000, 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.

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 the Notes.

This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150-2 and shall be maintained on file as a public record of such intent.  It is reasonably expected that the general fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above Notes.  The amounts so advanced shall be reimbursed from the proceeds of the Notes not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service.  Such advancements shall not exceed the amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted.

The notice of the proposed action to issue notes shall be in substantially the following form:

(To be published on or before: August 29, 2017)

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 $850,000 GENERAL OBLIGATION CAPITAL LOAN NOTES OF THE COUNTY (FOR ESSENTIAL COUNTY PURPOSES), AND THE HEARING ON THE ISSUANCE THEREOF

PUBLIC NOTICE is hereby given that the Board of Supervisors of Woodbury County, State of Iowa, will hold a public hearing on the 5th day of September, 2017, at 4:45 P.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 $850,000 General Obligation Capital Loan Notes, for essential county purposes, to provide funds to pay the costs of peace officer communication equipment and other emergency services communication equipment and systems.  Principal and interest on the proposed Loan Agreement will be payable from the Debt Service Fund.

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 the meeting or at any adjournment thereof, take additional action for the authorization of a Loan Agreement and the issuance of the Notes to evidence the obligation of the County thereunder or will abandon the proposal to issue said Notes.

This notice is given by order of the Board of Supervisors of Woodbury County, State of Iowa, as provided by Sections 331.402 and 331.443 of the Code of Iowa.

Dated this 22nd day of August, 2017.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Radig second by De Witt to approve and authorize the Chairperson to sign a Resolution ratifying, confirming and approving publication of notice of a meeting of the Board of Supervisors of Woodbury County, State of Iowa, on the matter of the proposed authorization of a lease-purchase agreement in the principal amount of not to exceed $550,000, and the public hearing on the authorization and execution thereof.  Carried 5-0.

RESOLUTION #12,616

RESOLUTION RATIFYING, CONFIRMING AND APPROVING

PUBLICATION OF NOTICE OF A MEETING OF THE BOARD OF

SUPERVISORS OF WOODBURY COUNTY, STATE OF IOWA, ON THE

MATTER OF THE PROPOSED AUTHORIZATION OF LEASE-

PURCHASE AGREEMENT IN THE PRINCIPAL AMOUNT OF NOT TO

EXCEED $550,000, AND THE PUBLIC HEARING ON THE

AUTHORIZATION AND EXECUTION THEREOF

WHEREAS, Woodbury County, State of Iowa, is in need of funds to carry out the purpose of providing funds to pay costs of a Sheriff's Training Center (real property) and it is deemed necessary and advisable that the County should authorize a Lease-Purchase Agreement to the amount of not to exceed $550,000, as authorized by Section 331.301(10) of the Code of Iowa, for the purpose of providing funds to pay costs thereof; and

WHEREAS, before said Lease-Purchase Agreement may be authorized, it was necessary to comply with the provisions of said Code, and to publish a notice of the proposal to enter into a Lease-Purchase Agreement and of the time and place of the meeting at which it is proposed to take action of the issuance of the Lease-Purchase Agreement.

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

Section 1. That the action of the Auditor setting a public hearing before the Board of Supervisors to meet at the Board Room, Woodbury County Courthouse, 620 Douglas Street, Sioux City, Iowa, at 4:45 o'clock P.M., today the 22nd day of August, 2017, for the purpose of taking action on the matter of entering into a Lease-Purchase Agreement in the principal amount of not to exceed $550,000, the proceeds of which will be used to provide funds to pay costs of  a Sheriff's Training Center (real property), is hereby ratified, confirmed and approved.

Section 2. That the auditor had caused publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the County said publication to be not less than four (4) nor more than twenty (20) clear days before the date of the public meeting on the authorization of said Lease-Purchase Agreement.

Section 3.  That the form of notice of public hearing is hereby ratified, confirmed and approved.

PASSED AND APPROVED this 22nd day of August, 2017.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Bid opening was held for project #L-B(Q10)—73-97.  The bids are as follows:

Graves Const., Spencer, IA  $287,089.09

Dixon Const., Correctionville, IA $310,103.00

Motion by Radig second by Taylor to approve the recommendation of the County Engineer and award the bid to Graves Const., Spencer, IA, for $287,089.09.  Carried 5-0.  Copy filed.

Motion by Ung second by Radig to approve the contract for propane supply for FY 2018 with Johnson Propane.  Carried 5-0.  Copy filed.

A public hearing was held at 4:45 p.m. for Sheriff’s training center project. Copy filed.

Motion by Taylor second by Ung to close the public hearing.  Carried 5-0.

Motion by Pottebaum second by Radig to approve and authorize the Chairperson to sign a Resolution instituting proceedings to take additional action for the authorization of a lease-purchase agreement in the principal amount of not to exceed $550,000 for a Sheriff’s training center (real property).  Carried 5-0.

RESOLUTION #12,617

RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL

ACTION FOR THE AUTHORIZATION OF A LEASE-PURCHASE

AGREEMENT IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED

$550,000 FOR A SHERIFF’S TRAINING CENTER (REAL PROPERTY)

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 Lease-Purchase Agreement in the principal amount of not to exceed $550,000, for the purpose of paying costs of a Sheriff's Training Center (real property), 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, IOWA:

Section 1.  That this Board does hereby institute proceedings and take additional action for the authorization of a Lease-Purchase Agreement in the principal amount of not to exceed $550,000 to evidence the obligation thereof for the foregoing purpose.

Section 2.  The Chairperson and Auditor are authorized and directed to proceed on behalf of the County with the negotiation of terms of a Lease-Purchase Agreement, evidencing the County's obligations to a principal amount of not to exceed $550,000 and otherwise to take all action necessary to permit the execution of a Lease-Purchase Agreement on a basis favorable to the County.

PASSED AND APPROVED this 22nd day of August, 2017.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Ung second by Radig to approve the plans for project #L-(280th St.)—73-97.  Carried 5-0.  Copy filed.

Motion by Radig second by Ung to approve the contract for project Pavement Markings-2017.  Carried 5-0. 

Motion by Radig second by Ung to approve the contract for PCC Patching-2017.  Carried 5-0.  Copy filed.

Motion by Radig second by Taylor to approve Courtroom #207 contract change orders #002 and #004 in the combined amount of $203,227.00.  Carried 5-0.  Copy filed.

Motion by Taylor second by De Witt to set the hearing date of September 5th, 2017 at 4:55 p.m. for the Trosper Hoyt Juvenile Detention Master Control & Door project.  Carried 5-0.  Copy filed.

Motion by Radig second by Ung to amend date to receive and open competitive bids from 8/22/17 at 3:00 p.m. to 9/5/17 at 3:00 p.m.  Carried 5-0.  Copy filed.

The Chairperson reported on the day-to-day activities.

Reports on committee meetings were presented.

Lea Jochum, Salix, expressed concern related to information on hog confinements from last week.

Eric Nelson, Moville, expressed concerns related to information on hog confinements presented last week.  

Board member concerns were presented.

The Board adjourned the regular meeting until August 29, 2017.

Meeting sign in sheet.  Copy filed.

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