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Board Meetings

2020-10-20 Board of Supervisors Meeting

OCTOBER 20, 2020, FORTY-THIRD MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, October 20, 2020 at 4:30 p.m.  Board members present were Pottebaum, Radig, De Witt, Ung, and Wright.  Staff members present were Karen James, Board Administrative Assistant, Melissa Thomas, HR Director, Dennis Butler, Budget/Tax Analyst, and Patrick Gill, 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 October 20, 2020, Carried 5-0.  Copy Filed.
 
Motion by Ung second by Radig to approve the following items by consent:

To approve minutes of the October 13, 2020 meeting.  Copy filed.

To approve the claims totaling $391,172.30.  Copy filed.

To receive the appointment of Lori Teel, 400 Main St., Hornick, IA, to the City Clerk of Hornick.  The appointment was made August 24, 2020, to fill a vacant position previously held by Candi Gress, until the next regular election.  Copy filed.

To receive the Auditor’s Quarterly report for July 1, 2020 thru September 20, 2020.  Copy filed.

To approve the appointment of Emma Sonier, P/T Youth Worker, Juvenile Detention Dept., effective 10-21-20, $19.83/hour.  Job Vacancy Posted 8-5-20.  Entry Level Salary:  $19.83/hour.; the reclassification of Danielle Brady, Election Clerk II, County Auditor Dept., effective 11-06-20, $18.10/hour.  Per AFSCME Courthouse Contract agreement, from Grade 3/Step 1 to Grade 3/Step 2.; and the end of probation of Tyler Weaver, Equipment Operator, Secondary Roads Dept., effective 11-06-20, $24.75/hour, 3%=$.74/hr.  Per CWA Secondary Roads Contract agreement, End of Probation Salary Increase.  Copy filed.

Presentation Award of Certificate to Dawn Norton.  Copy filed.

To approve the permit to work in the right of way for Dave Brown.  Copy filed.

Carried 5-0.

A public hearing was held at 4:35 p.m. for the sale of parcel #894828205034, 3611 W. 4th St. Cir.  The Chairperson called on anyone wishing to be heard.

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

Motion by Radig second by Ung to approve and authorize the Chairperson to sign a Resolution for the sale of real estate parcel #894828205034, 3611 W. 4th St. Cir., to City of Sioux City, PO Box 447, Sioux City, IA, for $1.00 plus recording fees.  Carried 5-0.

RESOLUTION OF THE BOARD
OF SUPERVISORS OF WOODBURY COUNTY, IOWA
RESOLUTION #13,072

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

By City of Sioux City__in the sum of One Dollar & 00/100 ($1.00)-----------------------------------------------------dollars.

For the following described real estate, To Wit:
 
Parcel #894825205034
Lot Three (3) in Block Eight (8) of Golf View Addition, City of Sioux City, Woodbury County, Iowa
(3611 W. 4th St. Cir.)

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 20th Day of October, 2020.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by De Witt second by Radig to approve and authorize the Chairperson to sign engagement letter with Dorsey & Whitney, LLP.  Carried 5-0.  Copy filed.

Motion by Ung second by De Witt to approve and authorize the Chairperson to sign a Resolution authorizing the execution of a Memorandum of Agreement with Jackson Recovery Centers, Inc. and fixing a date for a hearing on the proposed issuance of revenue bonds or notes.  Carried 5-0.

RESOLUTION #13,071
A RESOLUTION AUTHORIZING THE EXECUTION OF A MEMORANDUM OF
AGREEMENT WITH JACKSON RECOVERY CENTERS, INC. AND FIXING A DATE
FOR A HEARING ON THE PROPOSED ISSUANCE OF REVENUE BONDS OR NOTES

WHEREAS, the County of Woodbury, State of Iowa (the “Issuer”), is a County authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 2019 as amended (the “Act”), to issue revenue bonds or notes for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements, and equipment, or any interest therein suitable for the use of any facility 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”) or to retire any existing indebtedness on a facility for a Tax Exempt Organization or to refund any Bonds issued pursuant to the Act and paying costs of issuance associated therewith; and

WHEREAS, the Issuer has been requested by Jackson Recovery Centers, Inc., or an affiliate thereof (the “Borrower”), a Tax Exempt Organization, to issue revenue bonds or notes, in an aggregate principal amount not to exceed $5,500,000 (the “Bonds”), in one or more series, pursuant to the Act, and to loan said amount to the Borrower for the purposes of (1) refinancing certain existing indebtedness of the Borrower, the proceeds of which were used to refinance the Issuer’s $7,000,000 Healthcare Facilities Revenue Bond (Jackson Recovery Centers, Inc. Project), Series 2013 (the “Prior Bond”), the proceeds of which were used to (a) pay a portion of the costs of acquiring, constructing, furnishing and equipping a new Child and Adolescent Recovery Hospital located at 3500 W. 4th Street, Sioux City, Iowa (the “Project”), and (b) pay for certain costs of issuing the Prior Bond; and (2) paying for certain costs of 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, the Borrower and BMO Harris Bank N.A. (the “Purchaser”), 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 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;

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; 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 at 4:45 p.m. on the 17th day of November, 2020, in the lower level of the Woodbury County Courthouse, 620 Douglas Street, Sioux City, Iowa, 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, or his designee 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 REVENUE BONDS OR NOTES
(ROSECRANCE JACKSON RECOVERY CENTERS PROJECT)

The Board of Supervisors of Woodbury County, Iowa, (the “Issuer”) will meet on the 17th day of November, 2020 at 4:45 p.m., in the lower level of the Woodbury County Courthouse, 620 Douglas Street, Sioux City, Iowa, for the purpose of conducting a public hearing on the proposal to issue revenue bonds or notes of the Issuer, in the aggregate principal amount not to exceed $5,500,000 (the “Bonds”), in one or more series, and to loan said amount to Jackson Recovery Centers, Inc., or an affiliate thereof (the “Borrower”), for the purpose of (1) refinancing certain existing indebtedness of the Borrower, the proceeds of which were used to refinance the Issuer’s $7,000,000 Healthcare Facilities Revenue Bond (Jackson Recovery Centers, Inc. Project), Series 2013 (the “Prior Bond”), the proceeds of which were used to (a) pay a portion of the costs of acquiring, constructing, furnishing and equipping a new Child and Adolescent Recovery Hospital located at 3500 W. 4th Street, Sioux City, Iowa (the “Project”), and (b) pay for certain costs of issuing the Prior Bond; and (2) paying for certain costs of issuance of the Bonds. The Project will be owned and operated by the Borrower. 

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 pursuant to one or more Loan Agreements between the Issuer, the Borrower and the purchaser of the Bonds, 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 stated above, oral or written objections from any resident or property owner of the Issuer may be presented.  At such meeting or any adjournment thereof, the Issuer shall adopt a resolution determining whether or not to proceed with the issuance of the Bonds. Written comments may also be submitted to the Issuer at the Woodbury County Courthouse, 620 Douglas Street, Sioux City, Iowa 51101.  Written comments must be received by the above hearing date.

By order of the Board of Supervisors of Woodbury County, Iowa.    
  
Section 5. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict.

Passed and approved on October 20, 2020.
WOODBURY COUNTY BOARD OF SUPERVISROS
Copy filed.

Motion by De Witt second by Pottebaum to approve and authorize the Chairperson to sign a Resolution levying a direct annual tax for payment of the base rent and additional rent due under the lease agreement by and between the Woodbury County Law Enforcement Center Authority and Woodbury County, Iowa, pursuant to section 346.27 of the code of Iowa.  Carried 5-0.

RESOLUTION #13,072
RESOLUTION LEVYING A DIRECT ANNUAL TAX FOR
PAYMENT OF THE BASE RENT AND ADDITIONAL
RENT DUE UNDER THE LEASE AGREEMENT BY AND
BETWEEN THE WOODBURY COUNTY LAW
ENFORCEMENT CENTER AUTHORITY AND
WOODBURY COUNTY, IOWA, PURSUANT TO
SECTION 346.27 OF THE CODE OF IOWA

WHEREAS, Woodbury County, State of Iowa ("County"), is a political subdivision, organized and existing under the Constitution and laws of the State of Iowa, and is not affected by any special legislation; and

WHEREAS, pursuant to Section 346.27 of the Code of Iowa, the County entered into that certain Lease Agreement dated September 1, 2020 (the “County Lease”) with the Woodbury County Law Enforcement Center Authority (the “Authority”) for the non-exclusive use of the Facility (as defined in the County Lease); and

WHEREAS, Section 346.27(22) of the Code of Iowa provides that when the County enters into a lease with the Authority, the governing body of the County shall provide by ordinance or resolution for the levy and collection of a direct annual tax sufficient to pay the annual rent payable under the lease as and when it becomes due and payable. The tax shall be levied and collected in like manner with the other taxes of the County and shall be in addition to all other taxes authorized to be levied by the County. This tax shall not be included within and shall be in addition to any statutory limitation of rate or amount for the County. The taxes realized from the tax levy shall be deposited into an account in the debt service fund of the County for the payment of the annual rent and shall not be disbursed for any other purpose; and

WHEREAS, pursuant to the County Lease, the County agreed to make semi-annual payments of Base Rent and Additional Rent (as those terms are defined in the County Lease) to the Authority; and

WHEREAS, pursuant to the County Lease, the Authority agreed to issue its Law Enforcement Center Facilities Revenue Bonds (the “Bonds”) for the purpose of financing the design, construction, equipping, and furnishing of the Facility (as defined in the County Lease), including the acquisition of land for such purposes, for the joint use of the County and City of Sioux City, Iowa (the “City”); and

WHEREAS, the County is now in need of funds to pay the Base Rent and Additional Rent due under the County Lease, and it is deemed necessary and advisable that a direct annual tax be imposed pursuant to Section 346.27 of the Code of Iowa for such purpose; and

WHEREAS, the Board of Supervisors has taken such acts as are necessary to levy and collect the direct annual tax.

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

Authorization.  The direct annual tax authorized by Section 346.27 of the Code of Iowa is being specially levied to pay the Base Rent and Additional Rent due under the County Lease. The Base Rent shall be paid to the Authority to finance the design, construction, equipping, and furnishing of the Woodbury County Law Enforcement Center, including the acquisition of land for such purposes, for the joint use of the County and City, and not to finance the general purposes of the County.  Subject to Section 3 below, the County shall continue to levy and collect the direct annual tax until such time as the bonds issued by the Authority to finance the Facility have been paid in full.

Levy of Direct Annual Tax.  For the purpose of providing funds to pay the Base Rent and Additional Rent due under the County Lease as required under Section 346.27 of the Code of Iowa, there is levied for each future year the following direct annual tax upon all the taxable property in Woodbury County, State of Iowa, to wit:

        AMOUNT                            FISCAL YEAR (JULY 1 TO JUNE 30)
                                                                YEAR OF COLLECTION

        $2,131,028.23                                         2021/2022
        $2,134,187.20                                         2022/2023
        $2,133,688.26                                         2023/2024
        $2,134,952.90                                         2024/2025
        $2,134,860.70                                         2025/2026
        $2,130,812.40                                         2026/2027
        $2,134,710.00                                         2027/2028
        $2,135,195.26                                         2028/2029
        $2,133,798.26                                         2029/2030
        $2,134,950.00                                         2030/2031
        $2,139,113.26                                         2031/2032
        $2,131,240.76                                         2032/2033
        $2,131,384.50                                         2033/2034
        $2,134,231.00                                         2034/2035
        $2,134,573.50                                         2035/2036
        $2,133,532.50                                         2036/2037
        $2,136,101.00                                         2037/2038
        $2,132,124.50                                         2038/2039
        $2,126,757.50                                         2039/2040

Amendment of Levy of Annual Tax.  Based upon the terms of the future sale of the Additional Bonds (as defined in the County Lease) to be issued, this Board will file an amendment to this Resolution ("Amended Resolution") with the County Auditor.

Filing.  A certified copy of this Resolution shall be filed with the County Auditor of Woodbury County, State of Iowa, who shall, pursuant to Sections 76.2 and 346.27 of the Code of Iowa, levy, assess and collect the tax in the same manner as other taxes and, when collected, these taxes shall be used only for the purpose of paying the Base Rent and Additional Rent due under the County Lease.

PASSED AND APPROVED this 20th day of October, 2020.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Ung second by De Witt to approve $19,983 for EMA to purchase equipment for technological upgrades to the Emergency Operations Center.  Carried 5-0.  Copy filed.

Bid letting was held for the repair for two weirs.  The bids are as follows:

PCI Inc., Reinbeck, IA     $179,385.00
LA Carlson, Hinton, IA    $546,015.00

Motion by Radig second by De Witt to receive the bids and refer them back to the County Engineer for recommendation.  Carried 5-0.  Copy filed.

Bid letting was held for the repair of two culverts.  The bids are as follows:

PCI, Inc., Reinbeck, IA    $135,052.00
LA Carlson, Hinton, IA    $138,172.00

Motion by Radig second by Ung to receive the bids and refer them back to the County Engineer for recommendation.  Carried 5-0.  Copy filed.

Bid letting was held for the repair of the D12 river bank.  The bids are as follows:

Lieber Conts., North Sioux City, Sd   $82,225.00
Johnston Exca., Sloan, IA                  $84,605.20
LA Carlson, Hinton, IA                        $88,873.00
Niewhoner, Onawa, IA                       $96,907.00
PCI, Inc., Reinbeck, IA                       $101,162.00
Nelson Rock, Onawa, IA                    $111,553.00

Motion by Radig second by De Witt to receive the bids and refer them back to the County Engineer for recommendation.  Carried 5-0.  Copy filed.

Motion by Radig second by De Witt to approve the plans for the replacement of culvert K-264.  Carried 5-0.  Copy filed.

The Board heard reports on committee meetings.

Citizen concerns.

Board concerns were heard.

The Board adjourned the regular meeting until October 27, 2020.

Meeting sign in sheet.  Copy filed.