Meeting March 13, 2012

MARCH 13, 2012 — ELEVENTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, March 13, 2012 at 10:00 a.m.  Board members present were Clausen, Monson, Tripp, Boykin, and Smith.  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 Tripp to approve the minutes of the 03/06/2012 Board meeting.  Carried 5-0.  Copy filed.

The Board approved the separation of Kevin Bell, Asst. County Attorney, County Attorney Dept., effective 03-16-12.  Resignation.  Copy filed.

The Board approved the reclassification of Daniel Whitlock, Civilian Jailer, County Sheriff Dept., effective 03-25-12, $17.66/hour, 4%=$.69/hour.  Per CWA Civilian Officer Contract Agreement, from Class 2 to Class 1.  Copy filed.

The Board approved the separation of Thomas Ladwig, Deputy Sheriff, County Sheriff Dept., effective 04-15-12. Retirement.

Motion by Clausen second by Boykin to approve and authorize the Chairman to sign an “Authorization to Initiate Hiring Process” for Asst. County Attorney, County Attorney Dept., AFSCME Attorney Salary Range: $50,347-$58,225/year .  Carried 5-0.  Copy filed.

Motion by Boykin second by Clausen to approve Thomas Ladwig to remain on County Health and Dental Insurance Plans.  Carried 5-0.

Motion by Clausen second by Boykin to approve and authorize the Chairman to sign a Resolution approving petition for suspension of taxes through the redemption process for Joseph and Gloria Fazio, 2007 Iowa St., Sioux City, parcel #894721426010.  Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION # 10,876
RESOLUTION APPROVING SUSPENSION OF TAXES

WHEREAS, Joseph and Gloria Fazio  as joint titleholders of  a property  located at 2007 Iowa Street,  Sioux City, Woodbury County, Iowa, and legally described as follows:

Parcel #     894721426010
  
Lot Four (4) Block Fifteen (15) Orchard Hill Addition, City of Sioux City, Woodbury County, Iowa


WHEREAS, Joseph and Gloria Fazio, as joint titleholders of the aforementioned property has petitioned the Board of Supervisors for a suspension of taxes pursuant to the 1999 Iowa Code Section 447.9(3) 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 directs the County Auditor to redeem this property  Parcel  #894721426010 owned by the petitioner from the holder of a certificate of purchase of the amount necessary to redeem under section 447.1, and hereby directs the Woodbury County Treasurer to so record the approval of this tax suspension for this parcel.

SO RESOLVED this 13th day of March,  2012.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Boykin second by Tripp to receive the appointment of John Wilcox, 3550 170th St., Correctionville, Iowa, as Wolf Creek Township Trustee, to fill the vacancy in the office previously held by Ronal Hayworth until the regular General election in 2012.  Carried 5-0.  Copy filed.

Motion by Monson second by Tripp to approve to participate with the City of Sioux City in the submission of the Edward J. Bryne Memorial Justice Grant (JAG) Program Grant application to the Governor’s Office of Drug Control Policy, per recommendation of P.J. Jennings, County Attorney & Greg Logan, County Sheriff Dept.  Carried 5-0.

Motion by Monson second by Tripp to refer to Zoning Commission regarding Re-Zoning request and Zoning Map Amendment Application by Property Owner Sandra Kay Lau and applicant Mark D. Pottorff, per recommendation of John Pylelo, Planning and Zoning.  Carried 5-0. 

Motion by Boykin second by Clausen to approve a contract and bond for the Hackley Lateral Repair, Clean Out, and Repair of the Hackely Lateral on  340th St., per recommendation of Mark Nahra, County Engineer.  Carried 5-0.  Copy filed.

Bid letting was held at 10:15 a.m. for Project No. M-12(1)K-185, Bridge Replacement Project on Michigan Ave. Section 10-88-43.  The bids were as follows:
 
Graves Construction, Spencer, IA  $115,722.80
Nelson & Rock, Onawa, IA   $80,126.00
Dixon Construction, Correctionville, IA $105,924.00
     
Motion by Clausen second by Boykin to receive and refer the bids to the County Engineer for review and recommendation.  Carried 5-0.  Copy filed.

Motion by Clausen second by Monson to approve and authorize the Chairman to sign a Resolution to set date for hearing:  Urban Renewal Plan-Platinum Grain Urban Renewal Area. 

WOODBURY COUNTY, IOWA
RESOLUTION # 10,877
  
WHEREAS, a proposal has been made which shows the desirability of designating certain property located in Woodbury County, Iowa, near the City of Anthon, as the Platinum Grain Urban Renewal Area, pursuant to the provisions of Chapter 403, Code of Iowa; and

WHEREAS, a proposal has been submitted to the Board of Supervisors under which the property  described in Exhibit A would be designated an urban renewal area; and

WHEREAS, this Board is desirous of obtaining as much information as possible from the residents of the County before making this designation; and

WHEREAS, a proposed urban renewal plan for a project within that proposed designated area has been prepared and it is now necessary that a date be set for a public hearing on the designation of the area and on that plan and project;
NOW, THEREFORE, Be It Resolved by the Board of Supervisors of Woodbury County, Iowa, as follows:
This Board will meet at the Woodbury County Courthouse, 620 Douglas Street, Sioux City, Iowa, on the 3d day of April, 2012, at 10:00 o’clock a.m., at which time and place it will hold a public hearing on the designation of the proposed Platinum Grain Urban Renewal Area described in the preamble hereof and on the proposed urban renewal plan and project for said Area.
The County Auditor shall publish notice of said hearing, the same being in the form attached to this resolution, which publication shall be made in a legal newspaper of general circulation in Woodbury County, which publication shall be not less than four (4) nor more than twenty (20) days before the date set for the hearing.
Pursuant to Section 403.5 of the Code of Iowa, Rob Marqusee is hereby designated as the County’s representative in connection with the consultation process which is required under that section of the urban renewal law.

The proposed urban renewal plan is hereby submitted to the County’s Planning and Zoning Commission for review and recommendations, as required by Section 403.5, Code of Iowa.
      
Passed and approved March 13, 2012.
WOODBURY COUNTY BOARD OF SUPERVISORS
Carried 5-0.  Copy filed.

Motion by Boykin second by Tripp to approve and authorize the Chairman to sign a Resolution to set date of hearing:  Development Agreement Between Woodbury County and Platinum Grain LLC. 

WOODBURY COUNTY, IOWA
RESOLUTION # 10,878

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 begun a process that will allow the County Board of Supervisors to adopt an Urban Renewal Plan for the Platinum Grain Urban Renewal Area (the “Urban Renewal Area”); and
WHEREAS, this Board will adopt 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, 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, the County proposes to enter into an agreement (the “Development Agreement”) with Platinum Grain, LLC (the “Company”) with respect to the construction by the Company of a grain handling facility in the County; and
WHEREAS, the Development Agreement would provide property tax incentives to the Company in the form of incremental property tax payments in an amount not to exceed $283,387.89 under the authority of Section 403.9(1) of the Code of Iowa; and
WHEREAS, it is necessary to set a date for a public hearing on the Development Agreement, pursuant to Section 403.9 of the Code of Iowa;
NOW THEREFORE, IT IS RESOLVED by the Board of Supervisors of Woodbury County, Iowa, as follows:
Section 1. This Board shall meet on the 3d day of April, 2012, at 10:00 o’clock a.m., at the Woodbury County Courthouse, 620 Douglas Street, Sioux City, Iowa, at which time and place a public hearing will be held and action will be taken to approve the Development Agreement and to authorize the incremental property tax payments.
Section 2.  The County Auditor is hereby directed to give notice of the proposed action, the time when and place where the meeting will be held, by publication at least once not less than four days and not more than twenty days before the meeting in a legal newspaper of general circulation in the County.  Said notice shall be in substantially the following form:
NOTICE OF MEETING FOR PUBLIC HEARING ON DEVELOPMENT AGREEMENT WITH PLATINUM GRAIN, LLC. AND AUTHORIZATION OF TAX INCREMENT PAYMENTS

The Board of Supervisors of Woodbury County, Iowa, will meet at the Woodbury County Courthouse, 620 Douglas Street, Sioux City, Iowa, on the 3d day of April, 2012, at 10:00 o’clock a.m., at which time and place a public hearing will be held and action taken to approve a Development Agreement between the County and Platinum Grain, LLC, with respect to the construction by the Company of a grain handling facility in the County, which provides for certain property tax incentives in the form of property tax payments in a total amount not exceeding $283,387.89, as authorized by Section 403.9 of the Code of Iowa.
The Agreement to make incremental property tax payments will not be a general obligation of the County, but will be payable solely and only from incremental property tax revenues generated within the Platinum Grain Urban Renewal Area.
At the meeting, the Board will receive oral or written objections from any resident or property owner of the County.  Thereafter, the Board may, at the meeting or at an adjournment thereof, take additional action to approve the Development Agreement or may abandon the proposal.
This notice is given by order of the Board of Supervisors of Woodbury County, Iowa, in accordance with Section 403.9 of the Code of Iowa.
Passed and approved march 13, 2012.
WOODBURY COUNTY BOARD OF SUPERVISORS
Carried 5-0.  Copy filed.

Motion by Boykin second by Monson to approve the Capital Improvement Projects for County Property located at 1014 Nebraska St., per recommendation of Kevin Grieme, Siouxland District Health.  Carried 5-0.

A public hearing was held at 10:30 a.m. on proposed Fiscal Year 2013 Budget.

James Van Bruggen of the Tax Payers Research Conference and Jack Burright, 1119 Minnesota Ave, Pierson discussed the budget with Board.

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

Motion by Boykin second by Clausen to receive and approve the Compensation Schedule submitted by the County  Compensation Board for Elected Official’s Salaries for the Fiscal Year 2013.  Carried 3-2; Tripp and Monson opposed.
 
Motion by Boykin second by Tripp to reduce the Mental Health Task Asking by $225,531.00. Carried 5-0

Motion by Tripp second Smith by to adopt the Fiscal year 2013 County Budget.  Carried 4-1, Tripp opposed.

Motion by Clausen second by Boykin to amend the previous motion by funding 50% out of the Planning & Zoning Department expenditures with proceeds from the Local Option Sales Tax.  Carried 4-1, Tripp opposed.

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 March 20, 2012.