Minutes - 12/6/2005

DECEMBER 6, 2005 FORTY-SEVENTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, December 6, 2005 at 9:00 a.m. Board members present were Batcheller, Boykin, Clausen, Monson, and Walish. Staff members present were Karen James, Board Administrator, and Patrick F. Gill, Auditor/Clerk to the Board.

The Claims were approved as presented. Copy filed.

Meeting called to order.

Motion by Clausen second by Walish to approve the Board minutes of November 29, 2005 as submitted.
Carried 5-0. Copy filed.

Motion by Batcheller second by Monson to approve the Board minutes from the Executive Session of November 29, 2005 as submitted. Carried 5-0. Copy filed.

The Board approved the separation of Jason W. Ross, Correctional Officer, County Sheriff Dept., effective 11/30/2005. Amended date of resignation. Copy filed.

The Board approved the appointment of William E. Adkins, Temporary Equipment Operator, Secondary Roads Dept., $15.60/hour, effective 12/07/2005. Not to exceed 120 days. Copy filed.

The Board approved the appointment of Kyle D. Gates, G.I.S. Systems Analyst, Secondary Roads Dept., $18.42/hour, effective 12/07/2005. Job vacancy posted 11/09/2005. Entry salary: $18.42/hour. Copy filed.

The Board approved the appointment of Bobbier A. Johnson, Assistant County Attorney (Civil Division), County Attorney Dept., $41,873/year, effective 12/07/2005. Job vacancy posted 11/02/2005. Salary range: $41,873-$48,425/year. Copy filed

The Board approved the transfer of Dawn M. Norton, Clerk II, County Sheriff Dept., $14.36/hour, effective 12/07/2005. In-house posting 11/09/2005. Salary per AFSCME Courthouse contract agreement. Copy filed.

The Board approved the separation of Deborah A. Bray, Human Resources Clerk II, Human Resources Dept., effective 12/09/2005. Resignation. Copy filed.

The Board approved the separation of Glenda P. Garoutte, Motor Vehicle Clerk II, County Treasurer Dept., effective 01/06/2006. Retirement. Copy filed.

Motion by Clausen second by Batcheller to approve and authorize the Chairman to sign an Authorization to Initiate Hiring Process for:

Clerk I/Typist, County Sheriff Dept. Entry level: AFSCME Courthouse Grade 2, $10.64/hour.

Motor Vehicle Clerk II, County Treasurer Dept. Entry level: AFSCME Courthouse Grade 4, $11.36/hour.

Carried 5-0. Copy filed.

Motion by Batcheller second by Monson to approve a request by retiree, Glenda P. Gourette, Motor Vehicle Clerk II, County Treasurer Dept., to remain on the County health insurance plan at her own expense. Carried 5-0. Copy filed.

Motion by Monson second by Clausen to approve and authorize the Chairman to sign an Authorization to Reclassify Position for a Human Resources/Safety Aide, Human Resources Dept. Entry level: Wage plan $12.48/hour. Carried 5-0. Copy filed.

Motion by Batcheller second by Clausen to approve and authorize the Chairman to sign a resolution approving petition for tax suspension via the right of redemption for Robert C. Hutchinson, 520 Center Street, Sioux City. Carried 5-0.

WOODBURY COUNTY, IOWA

RESOLUTION # _9984_

RESOLUTION APPROVING PETITION FOR SUSPENSION
OF TAXES THROUGH THE REDEMPTION PROCESS

WHEREAS, Robert C. Hutchinson as joint titleholder of real estate located at 520 Center Street., Sioux City, Woodbury County, Iowa, and legally described as follows:

Parcel #894729137002

Except Strip 3 1/2 Feet on East Side Lot Two (2) Block Nine (9) Tredways Addition, City of Sioux City, Woodbury County, Iowa

WHEREAS, Robert C. Hutchinson, as joint titleholder 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 parcel #894729137002 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 6th day of December, 2005

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Walish second by Batcheller to receive the County Sheriffs Civil Division 1st quarter and year-to-date report, ending 09/30/2005. Carried 5-0. Copy filed.

Motion by Batcheller second by Walish to approve final plats for Harrison replat for part of lot 2 Ridgeview II Addition Subdivision (parcel #869700), per recommendation of the Zoning Commission. Carried 5-0.

WOODBURY COUNTY, IOWA

RESOLUTION #9985
RESOLUTION ACCEPTING AND APPROVING HARRISON REPLAT OF A PART
OF LOT 2 OF RIDGEVIEW II SUBDIVISION
TO WOODBURY COUNTY, IOWA

WHEREAS, The Owner and Proprietor did on the _____ Day of _____________, 2005, file with the

Woodbury County Zoning Commission a certain plat designated as Harrison replat of a part of Lot 2 of Ridgeview II Subdivision in the NW of NE of Section 31, T89N, R45W, Woodbury County, Iowa; and

WHEREAS, it appears that said plat conforms with all of the provisions of the Code of the State of Iowa and Ordinances of Woodbury County, Iowa, with reference to the filing of same; and

WHEREAS, the Zoning Commission of Woodbury County, Iowa has recommended the acceptance and approval of said plat; and

WHEREAS, the County Engineer of Woodbury County, Iowa has recommended the acceptance and approval of said plat.

NOW THEREFORE, BE, AND IT IS HEREBY RESOLVED by the Woodbury County Board of Supervisors, Woodbury County, State of Iowa, that the plat of Harrison Replat of a part of Lot 2 of Ridgeview II Subdivision to Woodbury County, Iowa be, and the same is hereby accepted and approved, and the Chairman and Secretary of the Woodbury County Board of Supervisors, Woodbury County, State of Iowa, are hereby directed to furnish to the owner and proprietor a certified copy of the Resolution as required by law.

PASSED AND APPROVED THIS ______ DAY OF _____________, 2005

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Clausen second by Batcheller to approve the final plats for Whitehorn Addition Subdivision (parcels #823126 and #823110), per recommendation of the Zoning Commission. Carried 5-0.

WOOBURY COUNTY, IOWA

RESOLUTION #9986

RESOLUTION ACCEPTING AND APPROVING WHITEHORN ADDITION
TO WOODBURY COUNTY, IOWA

WHEREAS, the Owner and Proprietor did on the ______ Day of ____________, 2005, file with the Woodbury County Zoning Commission a certain plat designated as Whitehorn Addition to Woodbury County, Iowa; and

WHEREAS, it appears that said plat conforms with all of the provisions of the Code of the State of Iowa and Ordinances of Woodbury County, Iowa, with reference to the filing of same; and

WHEREAS, the Zoning Commission of Woodbury County, Iowa has recommended the acceptance and approval of said plat; and

WHEREAS, the County Engineer of Woodbury County, Iowa has recommended the acceptance and approval of said plat.

NOW THEREFORE, BE, AND IT IS HEREBY RESOLVED by the Woodbury County Board of Supervisors, Woodbury County, State of Iowa, that the plat of Whitehorn Addition to Woodbury County, Iowa be, and the same is hereby accepted and approved, and the Chairman and Secretary of the Woodbury County Board of Supervisors, Woodbury County, State of Iowa, are hereby directed to furnish to the owner and proprietor a certified copy of this Resolution as required by law.

PASSED AND APPROVED THIS ______ DAY OF _________, 2005.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Monson second by Walish to approve and authorize the Chairman to sign a Utility Accommodation Permit submitted by Gaylord Utility Contractor, for permission to bore a telephone cable under County Road D-38 (220th Street) to a residence at 3610 220th Street, per recommendation of the County Engineer. Carried 5-0. Copy filed.

A public hearing was held at 10:15 a.m. on the proposed issuance of a health care revenue note (not to exceed $6,000,000) on behalf of Siouxland Regional Cancer Center.

Motion by Batcheller second by Walish to close the hearing, as there was no one present wishing to be heard on said note issuance. Carried 5-0.

Motion by Clausen second by Monson to approve and authorize the Chairman to sign a Resolution authorizing and providing for the issuance and sale of a health care revenue note at the request of Siouxland Regional Cancer Center, and approving forms of documents in connection with the note issuance.
Carried 5-0.
RESOLUTION 9987

A RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SALE OF A HEALTH CARE REVENUE NOTE PURSUANT TO CODE OF IOWA, CHAPTER 419, AS AMENDED, AT THE REQUEST OF SIOUXLAND REGIONAL CANCER CENTER, AND APPROVING FORMS OF DOCUMENTS IN CONNECTION THEREWITH
BE IT RESOLVED by the Board of Supervisors (the Board) of the County of Woodbury, Iowa (the County), as follows:
1. Authority. The County is authorized by Code of Iowa, Chapter 419, as amended (the Act), to issue revenue bonds and notes and loan the proceeds from the sale of said bonds or notes to one or more parties to be used to defray all or a portion of the cost of acquiring, constructing, improving and equipping a project, as that term is defined in the Act, including land, building and improvements suitable for use as a facility for an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the Code) which is exempt from federal income tax under Section 501(a) of the Code.
2. The Note and the Project. Siouxland Regional Cancer Center, an Iowa nonprofit corporation (the Borrower) has proposed to undertake a project consisting of the acquisition and installation of medical equipment in the existing cancer center facilities of the Borrower located at 230 Nebraska Street, Sioux City, Iowa (herein referred to as the Project), and that the County issue and sell its Health Care Revenue Note (Siouxland Regional Cancer Center Project), in substantially the form set forth in Exhibit B to the Loan Agreement referred to below (the Note), pursuant to the Act, and loan the proceeds thereof to the Borrower to finance the Project.
3. Public Hearing. This Board of Supervisors conducted a public hearing as required by Section 419.9 of the Act and Section 147(f) of the Internal Revenue Code of 1986, as amended, on December 6, 2005, with respect to the Project and the issuance of the Note to provide financing therefor. All persons present had an opportunity to express their views with respect to the Project and the issuance of the Note. Based on the information presented, the County hereby finds and determines that the Project is in the public interest of the County.
4. Approval of Project. The Project described above is hereby approved by the County.
5. Documents Presented. Forms of the following documents relating to the Note and the Project have been submitted to the County and are now on file in the offices of the County Clerk:
(a) Loan and Purchase Agreement (the Loan Agreement), by and between the County, the Borrower and Wells Fargo Brokerage Services, LLC (the Purchaser), whereby, among other things, the County agrees to sell and the Purchaser agrees to purchase the Note, the County agrees to make a loan to the Borrower of the gross proceeds of the sale of the Note and the Borrower agrees to complete the Project and to pay amounts sufficient to provide for the prompt payment of the principal of, premium, if any, and interest on the Note; and
(b) Loan Agreement Assignment (the Loan Agreement Assignment), whereby the County assigns to the Purchaser all of its interest in the Loan Agreement and Loan Repayments of the Borrower payable thereunder (except for its rights to indemnity and payment of fees, expenses and advances).

6. Findings. It is hereby found, determined and declared that:

(a) There is no litigation pending or, to the knowledge of the County, threatened against the County relating to the Project or to the Note, the Loan Agreement or the Loan Agreement Assignment or questioning the organization, powers or authority of the County to issue the Note or execute such agreements.

(b) To the best of the Countys knowledge, the execution and delivery of and the performance of the Countys obligations under the Note, the Loan Agreement and the Loan Agreement Assignment do not and will not violate any order of any court or any agency of government of which the County is aware or in any proceeding to which the County is a party, or any indenture, agreement or other instrument to which the County is a party or by which it or any of its property is bound, or be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under any such indenture, agreement or other instrument.

(c) The Loan Agreement provides for payments by the Borrower to the Purchaser, as registered owner of the Note, for the account of the County, of such amounts as will be sufficient to pay the principal of, premium, if any, and interest on the Note when due.

(d) Under the provisions of the Act and as provided in the Loan Agreement, the Note is not and shall not be payable from or charged upon any funds other than amounts payable pursuant to the Loan Agreement, which are pledged to the payment thereof pursuant to the Loan Agreement Assignment; the County is not subject to any liability thereon; no owner of the Note shall ever have the right to compel the exercise of the taxing power of the County to pay the Note or the interest thereon, nor to enforce payment thereof against any property of the County; neither the Note nor any document executed or approved in connection with the issuance thereof shall constitute a pecuniary liability, general or moral obligation, charge, lien or encumbrance, legal or equitable, upon any property of the County; and the Note shall not constitute or give rise to a charge against the general credit or taxing powers of the County.

7. Approval and Execution of Documents. The forms of Loan Agreement and Loan Agreement Assignment referred to in paragraph 5, are approved, subject to the review and approval of counsel to the Issuer . The Loan Agreement and Loan Agreement Assignment shall be executed in the name and on behalf of the County by the officers identified in paragraph 17, in substantially the forms on file, but with all such changes therein as may be approved by the officers executing the same, which approval shall be conclusively evidenced by the execution thereof.

8. Approval, Execution and Delivery of the Note. The County is hereby authorized and directed to issue the Note, and the Note shall be substantially in the form, mature, bear interest, and be payable in the installments and shall otherwise contain the terms and provisions set forth in the form of Note attached as Exhibit B to the Loan Agreement, subject to the review and approval of counsel to the Issuer, which terms are for this purpose incorporated in this resolution and made a part hereof; provided, however, that the maturity date of and the principal payments with respect to the Note, the interest rate thereon, the amount and dates of the installment payments required to be made thereunder, and the rights of optional and mandatory redemption with respect thereto shall all be set forth in the Note as executed and shall all be subject to the final approval of the officers executing the same, such approval to be conclusively evidenced by the execution thereof; provided further, however, that, in no event shall the principal amount of the Note exceed $5,500,000, or shall the final maturity of the Note be in excess of ten years from the date of issuance thereof. The Note shall bear interest at a variable equal to .70% of the Prime Rate. The rate of interest on the Note shall change from time to time as and when the Prime Rate changes.

The Purchaser will purchase the Note pursuant to the provisions of the Loan Agreement, and subject to the conditions set forth in therein, at a purchase price equal to 100% of the original principal amount thereof, and said purchase price will be payable in installments to be advanced by the Purchaser, at the request of the Borrower. Said purchase price is hereby found to be favorable and is hereby accepted. The Chairman and Secretary and other officers of the Issuer are authorized and directed to execute the Note as prescribed herein and in the Loan Agreement and to deliver the Note to the Purchaser upon payment of the purchase price therefor.
9. Registration Records. The Secretary, as Note registrar, shall keep registration records which shall set forth the name and registered address of the registered owner of the Note from time to time. Transfer of ownership of the Note shall be reflected in such registration records, as provided in Section 11 below.
10. Mutilated, Lost, Stolen or Destroyed Note. If the Note is mutilated, lost, stolen or destroyed, the County may execute and deliver to the Holder a new Note of like amount, date, number and tenor as that mutilated, lost, stolen or destroyed; provided that, in the case of mutilation, the mutilated Note shall first be surrendered to the County, and in the case of a lost, stolen or destroyed Note, there shall be first furnished to the County and the Borrower evidence of such loss, theft or destruction satisfactory to the County and the Borrower, together with indemnity satisfactory to them. The County and Borrower may charge the Holder with their reasonable fees and expenses in replacing any mutilated, lost, stolen or destroyed Note.
11. Transfer of Note; Person Treated as Holder. The Note shall be transferable by the Holder only on the registration records of the County, upon presentation of the Note for notation of such transfer thereon at the office of the Secretary, as Note registrar, accompanied by a written instrument of transfer in form satisfactory to the Secretary duly executed by the Holder or its attorney duly authorized in writing. The Note shall continue to be subject to successive transfers in such manner at the option of the Holder of the Note. No service charge shall be made to the Holder for any such transfer, but the Secretary may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection therewith, which the Borrower shall pay under the Loan Agreement. The person in whose name the Note shall be issued or, if transferred, shall be registered from time to time shall be deemed and regarded as the absolute Holder thereof for all purposes, and payment of or on account of the principal of and interest on the Note shall be made only to or upon the order of the Holder thereof, or its attorney duly authorized in writing, and neither the County, the Secretary, the Borrower, nor the Purchaser shall be affected by any notice to the contrary. All such payments shall be valid and effectual to satisfy and discharge the liability upon the Note to the extent of the sum or sums so paid. The Note shall be initially registered in the name of the Purchaser.
12. Amendments, Changes and Modifications to Documents and Note Resolution. Except as provided in the Loan Agreement, the County shall not enter into or make any change, modification, alteration or termination of the Loan Agreement, the Loan Agreement Assignment or this Note Resolution.

13. Pledge to Holder. Pursuant to the Loan Agreement Assignment, the County shall pledge and assign to the Purchaser and its successor Holders of the Note all interest of the County in the Loan Agreement (except for the interests of the County under Sections 5.02(b), 7.01, 7.07, 8.04 and 8.05, and any other sections deemed appropriate by counsel to the Issuer). All collections of moneys by the County in any proceeding for enforcement of the obligations of the Borrower pursuant to the Loan Agreement, except for the rights of the County thereunder reserved under the Loan Agreement Assignment, shall be received, held and applied for the benefit of the Holder of the Note.

14. Covenants with Holders; Enforceability. All provisions of the Note and of this Resolution and all representations and undertakings by the County in the Loan Agreement and the Loan Agreement Assignment are hereby declared to be covenants between the County and the Purchaser and its successor Holders of the Note and shall be enforceable by the Purchaser or any Holder in a proceeding brought for that purpose.

15. Certificates, etc. Officers of the County are authorized to prepare and furnish to Dorsey & Whitney LLP, Minneapolis, Minnesota, as Bond Counsel to the Purchaser, and to the Borrower and to the Purchaser, certified copies of all proceedings and records of the County relating to the Note, and such other affidavits and certificates as may be required to show the facts appearing from the books and records in the officers custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the County as to the truth of all statements of fact contained therein.

16. Nature of Countys Obligations. All covenants, stipulations, obligations, representations, and agreements of the County contained in this Resolution or contained in the aforementioned documents shall be deemed to be the covenants, stipulations, obligations, representations, and agreements of the County to the full extent authorized or permitted by law, and all such covenants, stipulations, obligations, representations, and agreements shall be binding upon the County. Except as otherwise provided in this Resolution, all rights, powers, and privileges conferred, and duties and liabilities imposed upon the County by the provisions of this Resolution or of the aforementioned documents shall be exercised or performed by such officers, Board of Supervisors, body or agency as may be required or authorized by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation, representation, or agreement herein contained or contained in the documents referred to above shall be deemed to be a covenant, stipulation, obligation, representation, or agreement of any Board of Supervisors member, officer, agent, or employee of the County in that persons individual capacity, and neither the Board of Supervisors nor any officer or employee executing the Note or such documents shall be liable personally on the Note or be subject to any representation, personal liability or accountability by reason of the issuance thereof. No provision, representation, covenant or agreement contained in the Note, this Resolution or in any other document related to the Note, and no obligation therein or herein imposed upon the County or the breach thereof, shall constitute or give rise to a general or moral obligation, or indebtedness or pecuniary liability of the County or any charge upon its general credit or taxing powers. In making the agreements, provisions, covenants and representations set forth in the Note or in any other document related to the Note, the County has not obligated itself to pay or remit any funds or revenues.

17. Authorized Officers. The Note and the documents referred to herein are authorized to be executed on behalf of the County by its Chairman and Secretary; provided, however, that in the event that either of those officers shall be unavailable or for any reason be unable to execute the Note or any other document to be entered into by the County in connection therewith, the acting Chairman or the acting Secretary, as the case may be, or any other officer of the County, is hereby directed and authorized to do so on behalf of the County.

18. Bank-Qualified Obligation. The Note is hereby designated as a qualified tax-exempt obligation within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. The Note is to be issued on behalf of an organization described in Section 501(c)(3) of the Code and is to be issued as a qualified 501(c)(3) bond under Section 145 of the Code. The County, together with all subordinate entities thereof, does not reasonably expect to issue tax-exempt obligations, including the Note (other than private activity bonds not constituting qualified 501(c)(3) bonds), which, when added together with all such obligations heretofore issued by the County, or such subordinate entities, in calendar year 2005, will be in an aggregate amount exceeding $10,000,000 in calendar year 2005.

19. Definitions and Interpretation. Terms not otherwise defined in this Resolution but defined in the Loan Agreement shall have the same meanings in this Resolution and shall be interpreted herein as provided therein. Notices may be given as provided in the Loan Agreement. In case any provision of this Resolution is for any reason illegal or invalid or inoperable, such illegality or invalidity or inoperability shall not affect the remaining provisions of this Resolution, which shall be construed or enforced as if such illegal or invalid or inoperable provision were not contained herein.

Adopted: December 6, 2005.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

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

Motion by Batcheller second by Monson to go into Closed Session per Iowa Code 21.5(1){c}, per request by J. D. Pellersels, Human Resources Director. Carried 5-0 on a roll-call vote.

Motion by Batcheller second by Monson to go out of Closed Session per Iowa Code 21.5(1){c}. Carried 5-0 on a roll-call vote.

Motion by Batcheller second by Walish to approve the recommendation of the attorney in the previous executive session. Carried 4-0, Clausen abstained.

The Board adjourned the regular meeting until December 13, 2005.