Meeting September 20, 2011

SEPTEMBER 20, 2011 — THIRTY-EIGHTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, September 20, 2011 at 10:00 a.m.  Board members present were Monson, Clausen, Tripp and Smith, and Boykin.  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 Clausen second by Tripp to approve the minutes of the 09/13/2011 Board meeting.  Carried 5-0.  Copy filed.
 
Motion by Tripp second by Clausen to approve the minutes of the 09/15/2011 Board meeting.  Carried 3-0; Smith and Boykin abstained.  Copy filed.

Motion by Boykin second by Tripp to approve revised Woodbury County Employee Personnel Policies and Procedures as proposed by JD Pellersels, Human Resources Director and to approve mandatory training for the implementation of the approved policies.  Carried 5-0.

Motion by Smith second by Boykin to approve and authorize the Chairman to sign a Resolution approving a petition for suspension of taxes for William Curiel, 910 19th St., Sioux City, parcel #894726353005.  Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION #10,810
RESOLUTION APPROVING PETITION
FOR SUSPENSION OF TAXES

WHEREAS, William A. Curiel  is the titleholder of  property located at 910 – 19th ., City of Sioux City,  Woodbury County, Iowa, and legally described as follows:  
  
Parcel #  8947 21 407 009 

Lot Nineteen (19) Block Two (2) Lawn Ridge Addition, City of Sioux City, Woodbury County, Iowa

WHEREAS, William A. Curiel 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 20th day of  September,  2011. 
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Smith second by Boykin to approve and authorize the Chairman to sign a Resolution approving abatement of taxes for City of Moville for parcel #894432156901.  Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION # 10,811
RESOLUTION APPROVING ABATEMENT OF TAXES
      
WHEREAS, the City of Moville, Iowa are the titleholders of real estate Parcel #894432156901 located in Woodbury County, Iowa and legally described as follows: 

Parcel # 894432156901

MOVILLE CITY OF LUCAS 2ND SUB DIV LO T 10 BK 1 N 5 FT LOT 11 BK 1 B/LL

WHEREAS, the abovestated property has an unpaid balance of taxes owing, and the parcel is owned by a political subdivision of the state; and

WHEREAS, the political subdivision, namely the City of Moville, Iowa, is failing to immediately pay the taxes due; and 

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 parcels according to Code of Iowa, 445.63, and hereby directs the Woodbury County Treasurer to abate these aforementioned taxes from the tax records.

SO RESOLVED this 20th day of September, 2011.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Boykin second by Tripp to approve and authorize the Chairman to sign a Resolution approving abatement of taxes for Pho Mon Buddhist Temple of Siouxland for parcel #894729127020.  Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION # 10,812
RESOLUTION APPROVING ABATEMENT OF TAXES
      
WHEREAS, Pho Mon Buddhist Temple of Siouxland is the titleholder of  real estate Parcel #894729127020   located in Woodbury County, Iowa and legally described as follows: 

Parcel #894729127020

Tredways Lots One (1) Thru Five (5) Block Three (3) and Franklin 2nd Addition Lot One (1) Block Five (5), City of Sioux City, Woodbury County, Iowa

WHEREAS, the abovestated property has taxes owing for the 2010/2011, tax year, and the parcel is owned by Pho Mon Buddhist Temple of Siouxland; and

WHEREAS, the organization, namely Pho Mon Buddhist Temple of Siouxland is failing to immediately pay the taxes due; and 

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 for the 2010/2011 tax year and hereby directs the Woodbury County Treasurer to abate these aforementioned taxes from the tax records.
 
SO RESOLVED this 20th day of  September,  2011.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Tripp second by Smith to approve and authorize the Chairman to sign a Resolution approving abatement of taxes for Larry Roan, 3924 Stone Park Blvd., for parcel #894708301002.  Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION # 10,813
RESOLUTION APPROVING ABATEMENT OF TAXES

WHEREAS, Larry Roan is the titleholder of real estate Parcel #894708301002, located in Woodbury County, Iowa and legally described as follows: 

Parcel #894708301002

LL-SC COMM 89-47 S 300 FT OF AN IRREG TCT LYING W OF AN I RREG L INE 80 FT E O F NW COR& 345 FT E OF SW COR ALL IN N 1 5 ACRES W 1/2 NW SW 8-89-47 EX W PT FOR STREET

WHEREAS, the abovestated property has taxes payable for 2010/2011, and the parcel is owned by Larry Roan. and

WHEREAS, Larry Roan did not own the above-stated property the tax year for July 2010 through June 2011; and 

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, 427.8 for the taxes owed for the 2010-2011 tax year and hereby directs the Woodbury County Treasurer to abate these aforementioned taxes from the tax records.

SO RESOLVED this 20th day of September , 2011.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Clausen second by Boykin to approve and receive for signatures a Resolution thanking and commending retiring County employee Ronald Larson for his years of service to the County.  Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION NO #10,814
A RESOLUTION THANKING AND COMMENDING
RONALD LARSON
FOR HIS SERVICE TO WOODBURY COUNTY

WHEREAS, Ronald A. Larson has capably served Woodbury County as an employee of the Woodbury County Secondary Roads Department  for 35 years from September 13, 1976 to October 7, 2011; and

WHEREAS, the service given by Ronald A. Larson as a Woodbury County employee, has been characterized by his dedication to the best interests of the citizens of Woodbury County; and

NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF WOODBURY COUNTY, IOWA that the undersigned members of this Board thanks and commends Ronald A. Larson  for his years of service to Woodbury County; and

BE IT FURTHER RESOLVED that it is the wish of all those signing below that the future hold only the best for this very deserving person, Ronald A. Larson.

BE IT SO RESOLVED this 20th day of September, 2011.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Clausen second by Tripp to receive Commission of Veteran Affairs Quarterly Report for the 4th quarter ending June 30, 2011.  Carried 5-0. Copy filed.

A public hearing was held regarding a resolution for the Amendment of Woodbury County’s Flood Plain Management Ordinances.  The Chairman called on anyone wishing to be heard.
 
Motion by Boykin second by Smith to close the hearing.  Carried 5-0.

Motion by Clausen second by Boykin to approve the third reading of the Amendment of Woodbury County’s Flood Plain Management Ordinances and to to approve and authorize the Chairman to sign a resolution approving the Amendment to Woodbury County Flood Plain Management Ordinances.  Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION # 10,815
RESOLUTION APPROVING AMENDMENT TO WOODBURY
COUNTY FLOOD PLAIN MANAGEMENT ORDINANCES

AN RESOLUTION AMENDING SECTION 5.03 OF THE WOODBURY COUNTY, IOWA ZONING ORDINANCES ENTITLED “FLOODPLAIN MANAGEMENT ORDINANCE” BY UPDATING THE DESCRIPTION OF THE OFFICIAL FLOOD PLAIN ZONING MAP AND BY AMENDING VARIOUS PROVISIONS TO CONFORM WITH FEDERAL AND STATE REQUIREMENTS

WHEREAS, the Federal Emergency Management Agency (FEMA)  has completed an updated Flood Insurance Study and Flood Insurance Rate Map (FIRM) for the unincorporated areas of Woodbury County, Iowa which will be in effect September 29, 2011; and

WHEREAS, the Woodbury County Board of Supervisors, in order to maintain eligibility for participation in the federal flood insurance program, finds it necessary to adopt the updated FIRM as the Official Flood Plain Zoning Map for Woodbury County, Iowa.

NOW, THERFORE, BE IT ENACTED BY THE BOARD OF SUPERVISORS OF WOODBURY COUNTY, IOWA:
Item 1:
Section 5.03:2.B General Provisions is amended to read as follows:
 B. Establishment of Official Floodplain Zoning Map. The FEMA Flood Insurance Rate Maps 19193C0037D, 19193C0039D, 19193C0045D, 19193C0075D,  19193C0100D, 19193C0117D, 19193C0125D,  19193C0136D, 19193C0150D, 19193C0165D,  19193C0193D, 19193C0194D, 19193C0202,  19193C0204D; 19193C02011D through 19193C0214D; 19193C0225D; 19193C0227D, 19193C0230D, 19193C0231D, 19193C0235D, 19193C0240D, 19193C0245D, 19193C0252D, 19193C0256D, 19193C0275D, 19193C0300D, 19193C0306D, 19193C0307D, 19193C0313D, 19193C0325D, 19193C0333D, 19193C0350D, 19193C0360D, 19193C0400D, 19193C0425D, 19193C0450D, 19193C0467D, 19193C0469D, 19193C0475D, 19193C0500D, 19193C0525D, 19193C0550D, 19193C0575D through 19193C0577D, 19193C0600D, 9193C0602D, 9193C0606D, 9193C0625D, 9193C0650D through 9193C0652D and 9193C0675D  for unincorporated areas of Woodbury County Iowa - Community Number 190536, dated September 29, 2011 are hereby adopted by reference and declared to be Woodbury County Iowa’s Official Floodplain Zoning Maps. The flood profiles and all explanatory material contained with the Flood Insurance Study are also declared to be a part of this ordinance.

Item 2: Section 5.03:5.B.(3) Floodway Fringe (Overlay) District FF - Performance Standards is amended to read as follows:
(3) Non-residential buildings - All new or substantially improved non-residential buildings shall have the lowest floor (including basement) elevated a minimum of one (1) foot above the 100-year flood level, or together with attendant utility and sanitary systems, be floodproofed to such a level. When floodproofing is utilized, a professional engineer registered in the State of Iowa shall certify that the floodproofing methods used are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the 100-year flood; and that the structure, below the 100-year flood level is watertight with walls substantially impermeable to the passage of water.  A record of the certification indicating the specific elevation (in relation to the North American Vertical Datum of 1988 - NAVD 88) to which any structures are floodproofed shall be maintained by the Director.

Item 3: Section 5.03:7.B Shallow Flooding (Overlay) District (SF) – Performance Standards is amended to add sub-section (3) to read:
(3)   In zones AH and AO, require drainage paths around structures  on slopes to guide water away from  structures

Item 4: Section 5.03:9.A.(2)(c) Administration – Appointment, Duties and Responsibilities of Zoning Director is amended to read:
(C )  Record and maintain a record of (i) the elevation (in relation to the North American Vertical Datum of 1988 -  NAVD 88) of the lowest floor (including basement) of all new or substantially improved structures or (ii) the elevation to which new or substantially improved structures have been floodproofed.

Item 5: Section 5.03:9.B.(2)(e) Administration  - Floodplain Development Permit is amended to read:
e) Elevation (in relation to North American Vertical Datum of 1988 – NAVD 88) of the lowest floor (including basement) of buildings or of the level to which a building is to be floodproofed.
PASSED AND APPROVED :    September 20, 2011
EFFECTIVE DATE:  September 29, 2011
Dated this  20th day of September, 2011
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Boykin second by Clausen to approve Indirect Cost Proposal per recommendation of Michelle Skaff, Homeland Security.  Carried 5-0.  Copy filed.

Sioux City Farmers Market Sponsor Report & Future Plans was presented by Roger Caudron and Dee Polak.

Motion by Boykin second by Smith to approve the Contract for Project Number FM-CO97(95)—55-97, FM-CO97(96)—55-97, and FM-CO97(115)—55-97, tied HMA Resurfacing projects, per recommendation of Mark Nahra, County Engineer.  Carried 5-0. 

Motion by Boykin second by Clausen to approve the contract Amedment for Project Number HC-09-5, Weir Project, per recommendation of Mark Nahra, County Engineer.  Carried 5-0.
 
Motion by Boykin second by Clausen to approve and authorize the Chairman to sign a Permit to Work in the County Right of Way by Farmer’s Ditch along 320th St, per recommendation of County Engineer Mark Nahra.  Carried 5-0.  Copy filed.

Motion by Boykin second by Tripp to approve additional expenditures of $33,300 over the budgeted amount for Phoenix Project to be funded from the County’s cash reserves.  Carried 4-1; Clausen opposed.

Motion by Smith second by Boykin to approve and authorize the Chairman to sign a resolution approving the Execution of a Memorandum of Agreement with Camp High Hopes and fixing a date for a hearing on the proposed issuance of Facility Revenue Bonds (Camp High Hopes Project).  Carried 5-0. 

WOODBURY COUNTY, IOWA
RESOLUTION #10,816
AGREEMENT WITH CAMP HIGH HOPES
ISSUANCE OF FACILITY REVENUE BONDS

A Resolution authorizing the execution of a Memorandum of Agreement with Camp High Hopes and fixing a date for a hearing on the proposed issuance of Facility Revenue Bonds (Camp High Hopes Project), Series 2011.
 
WHEREAS, Woodbury County, Iowa (the “Issuer”), is a County authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 2011, as amended (the “Act”), to issue revenue bonds for the purpose of constructing a facility within, or within eight miles of the Issuer, for an organization described in Section 501(c)(3) of the Internal Revenue Code (the "Code”) which is exempt from federal income tax under Section 501(a) of the Code (a "Tax Exempt Organization”); and

WHEREAS, the Issuer has been requested by Camp High Hopes (the “Borrower”), a Tax Exempt Organization, to issue its Facility Revenue Bonds (Camp High Hopes Project), Series 2011 in an aggregate principal amount not to exceed $2,500,000 (the “Bonds”) pursuant to the Act for the purpose of financing the acquisition of land, construction, furnishing and equipping of a handicapped accessible year-round recreational facility, including roads, trails, utilities, an outdoor standalone restroom facility, a 21,556 square foot lodge, and a 7,070 square foot cabin and ancillary improvements for children and adults with disabilities to enjoy adaptive recreation in a safe environment (the “Project”), and paying for costs of issuance and certain other costs associated with the issuance of the Bonds; and

WHEREAS, it is proposed to finance the foregoing through the issuance of the Bonds and to loan the proceeds from the sale of the Bonds to the Borrower under a Loan Agreement between the Issuer and the Borrower, the obligations of which will be sufficient to pay the principal of, premium, if any, and interest on the Bonds as and when the same shall be due and payable; and

WHEREAS, the Bonds, if issued, shall be limited obligations of the Issuer, and shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers, and the principal of, interest and premium, if any, on the Bonds shall be payable solely out of the revenues derived from the Loan Agreement; and

WHEREAS, before the Bonds may be issued, it is necessary to conduct a public hearing on the proposal to issue the Bonds, all as required and provided for by Section 419.9 of the Act and Section 147(f) of the Internal Revenue Code; and

WHEREAS, a Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto, has been presented to the Issuer which sets forth certain mutual undertakings and agreements between the Issuer and the Borrower, relating to the further processing of said Bonds; and

WHEREAS, the Issuer desires to comply with requirements of the Regulations with respect to the Project and the Bonds;

NOW, THEREFORE, IT IS RESOLVED by the Board of Supervisors of the Issuer, as follows:

Section 1. The Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto is hereby approved, and the Chairperson is hereby authorized to execute said Memorandum of Agreement and the County Auditor is hereby authorized to attest the same and to affix the seal of the Issuer thereto; said Memorandum of Agreement, which constitutes and is hereby made a part of this Resolution, to be in substantially the form, text and containing the provisions set forth in Exhibit A attached hereto.

Section 2. Officials of the Issuer are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement.

Section 3. This Board shall meet on the 11th day of October, 2011, at the Woodbury County Courthouse, 620 Douglas Street, Sioux City, Iowa at 10:15 o’clock a.m., at which time and place any resident or property owner of the Issuer may present oral or written objections on the proposal to issue the Bonds referred to in the preamble hereof.

Section 4. The County Auditor is hereby directed to give notice of intention to issue the Bonds, setting forth the amount and purpose thereof, the time when and place where the hearing will be held, by publication at least once not less than fifteen (15) days prior to the date fixed for the hearing, in a newspaper published and having a general circulation within the Issuer. The notice shall be in substantially the following form:

NOTICE OF INTENTION TO ISSUE FACILITY
REVENUE BONDS (CAMP HIGH HOPES PROJECT), SERIES 2011

The Board of Supervisors of Woodbury County, Iowa, (the “Issuer”) will meet on the 11th day of October, 2011, at 10:15 o’clock a.m., at the Woodbury County Courthouse, 620 Douglas Street, Sioux City, Iowa, 51101, for the purpose of conducting a public hearing on the proposal to issue Facility Revenue Bonds (Camp High Hopes Project), Series 2011 of the Issuer, in an aggregate principal amount not to exceed $2,500,000 (the “Bonds”), and to loan said amount to Camp High Hopes (the “Borrower”), for the purpose of  financing the acquisition of land, construction, furnishing and equipping of a handicapped accessible year-round recreational facility, including roads, trails, utilities, an outdoor standalone restroom facility, a 21,556 square foot lodge, and a 7,070 square foot cabin and ancillary improvements for children and adults with disabilities to enjoy adaptive recreation in a safe environment (the “Project”), and paying for costs of issuance and certain other costs associated with the issuance of the Bonds.

The Bonds, when issued, will be limited obligations and will not constitute general obligations of the Issuer nor will they be payable in any manner by taxation, but the Bonds will be payable solely and only from amounts received by the Issuer under a Loan Agreement between the Issuer and the Borrower, the obligations of which will be sufficient to pay the principal of and interest and redemption premium, if any, on the Bonds as and when the same shall become due.

At the time and place fixed for the hearing, individuals who appear will be given an opportunity to express their views for or against the proposal to issue the Bonds for the purpose of financing the Project, and all written comments previously filed at the Woodbury County Courthouse, 620 Douglas Street, Sioux City, Iowa, 51101.
 
By order of the Board of Supervisors of Woodbury County, Iowa.
Patrick F. Gill, Auditor

Section 5.   All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict.

Passed and approved September 20, 2011.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

The Chairman asked if there were any individuals or groups wishing to make a presentation of items not on the agenda, or Supervisors concerns.

Dan Shupe, rural Lawton, asked the Board to consider a noise ordinance for the county.

The Board conducted annual review of activities and future projects by Veteran Affairs.

The Board conducted annual review of activities and future projects by Homeland Security.
 
The Board adjourned the regular meeting until September 27, 2011.