Minutes - 3/6/2007

MARCH 6, 2007TENTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, March 6, 2007 at 9:00 a.m. Board members present were Batcheller, Boykin, Clausen, Monson, and Walish. Staff members present were Karen James, Board Administrator, Bobbier Johnson, Assistant County Attorney, and Patrick F. Gill, Auditor/Clerk to the Board.

The Claims were approved as presented. Copy filed.

Meeting called to order.

Motion by Batcheller second by Monson to approve the Board minutes of the February 27, 2007 meeting as submitted. Carried 4-0; Walish abstained. Copy filed.

There were no Human Resource Personnel Transactions.

Motion by Monson second by Boykin to acknowledge the appointment of Macil Claus, 110 Spruce Street, Smithland, Iowa, for the office of Little Sioux Township Clerk, to fill a vacancy until the General Election of 2008 for the office previously held by Kathy Blakely. Carried 5-0. Copy filed.

Motion by Clausen second by Boykin to approve and authorize the Chairman to sign a Resolution proclaiming March 2007 Mental Retardation Awareness Month. Carried 5-0.

WOOBURY COUNTY, IOWA
RESOLUTION NO. 10,139
PROCLAMATION IN SUPPORT OF MENTAL RETARDATION AWARENESS MONTH

WHEREAS mental retardation is a condition which affects more than 7 million Americans and their families; and

WHEREAS public awareness and education enhance a communitys understanding of the issues affecting people with mental retardation; and

WHEREAS the month of March has been designated National Mental Retardation Awareness Month, with more than 120,000 members and 1,000 chapters of the Arc undertaking public awareness, educational, and fundraising initiatives; and

WHEREAS The Arc of the United States is the nations leading volunteer-based organization advocating for and with people with mental retardation and related developmental disabilities and their families; and

THEREFORE the Woodbury County Board of Supervisors hereby proclaims March 2007

MENTAL RETARDATION AWARENESS MONTH

in Woodbury County, Iowa, and urges the citizens to give full support to efforts toward enabling people with mental retardation to live full and productive lives of inclusion in our communities.

SO RESOLVED this 6th day of March, 2007.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

The public hearing and sale of real estate at the corner of 2nd Street and Miller Blvd., Moville, Iowa, to the City of Moville for $1.00, was held at 10:15 a.m.

Motion by Batcheller second by Boykin to close the public hearing as there was no one to be heard. Carried 5-0.

Motion by Monson second by Clausen to accept the bid of $1.00 plus recording fees from the City of Moville. Carried 5-0.

RESOLUTION OF THE BOARD OF SUPERVISORS
OF WOODBURY COUNTY, IOWA:
RESOLUTION NO. 10,140

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

By THE CITY OF MOVILLE in the sum of ONE & 00/100 ($1.00)----------------------------------- dollars.

For the following described real estate, To Wit:

Parcel # (None)
Jones 2nd Addition used for street ex. N. 50 Ft. Lot 10, Block 9, Town of Moville, Woodbury County, Iowa

Now and included in and forming a part of the City of Moville, 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 6th Day of March, 2007.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Clausen second by Boykin to approve and authorize the Chairman to sign a Resolution approving a petition for suspension for taxes for Robert G. Leinart on Parcel #884706109004
(3105 4th Ave., Sioux City, Iowa. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION NO. 10,141
RESOLUTION APPROVING PETITION FOR SUSPENSION OF TAXES

WHEREAS, Robert G. Leinart, are the titleholders of property located at 3105 4th Ave., City of Sioux City, Woodbury County, Iowa, and legally described as follows:

Parcel # 884706109004

Lot Eight (8) Block Eighteen 18 Henrietta Place, City of Sioux City, Woodbury County, Iowa

WHEREAS, Robert G. Leinart as titleholders of the aforementioned real estate have petitioned the Board of Supervisors for a suspension of taxes pursuant to the 1997 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 6th day of March, 2007.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Richard Hayes, Flora Lee and Treyla Lee Chavis of the local chapter of the NAACP, presented a program to the Board on the N-Word.

Motion by Monson second by Boykin to approve the placement of N-Word Pledge materials in the Courthouse and other areas controlled by the County. Carried 5-0.

Motion by Batcheller second by Monson to approve and authorize the Chairman to sign a Resolution executing a memorandum of agreement and setting a public hearing for the Siouxland Community Health Center Project. Carried 4-0, Boykin abstained.

WOOBURY COUNTY, IOWA
RESOLUTION NO. 10,142
SIOUXLAND COMMUNITY HEALTH CENTER PROJECT

A Resolution authorizing the execution of a Memorandum of Agreement with Siouxland Community Health Center 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, 2007 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

WHEREAS, the Issuer has been requested by Siouxland Community Health Center (the Borrower), a Tax Exempt Organization, to issue revenue bonds or notes, in an aggregate principal amount not to exceed $7,000,000 (the Bonds) pursuant to the Act, and to loan said amount to the Borrower for the purpose of (1) acquiring, constructing, equipping and furnishing an approximately 50,000 to 55,000 square foot multi-level medical clinic (the Clinic) for the primary operations of the Borrower, including but not limited to the primary medical and dental health care services departments, the radiology department, the pharmacy, the mental health services department, laboratory services, the HIV/AIDs program, the social services department, and administrative offices and conference rooms, parking areas, sidewalks and related land improvements, and acquiring the land for the foregoing, all to be located in the block bounded by Pierce Street, Nebraska Street, 10th Street and 11th Street, Sioux City, Iowa with the street address of the Clinic to be 1021 Nebraska Street, Sioux City, Iowa (the Project); and (2) financing the 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, 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 under the terms of which the Issuer agrees, subject to the provisions of such Agreement, to pursue proceedings necessary under the Act to issue the Bonds for such purpose;

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 at 10:30 a.m. on the 3rd day of April, 2007, in the Board of Supervisors Meeting Room at 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 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
(SIOUXLAND COMMUNITY HEALTH CENTER PROJECT)

The Board of Supervisors of Woodbury County, Iowa, (the Issuer) will meet on the 3rd day of April, 2007, at 10:30 a.m., in the Board of Supervisors Board Room at 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 an aggregate principal amount not to exceed $7,000,000 (the Bonds), and to loan said amount to Siouxland Community Health Center (the Borrower), for the purpose of (1) acquiring, constructing, equipping and furnishing an approximately 50,000 to 55,000 square foot multi-level medical clinic (the Clinic) for the primary operations of the Borrower, including but not limited to the primary medical and dental health care services departments, the radiology department, the pharmacy, the mental health services department, laboratory services, the HIV/AIDs program, the social services department, and administrative offices and conference rooms, parking areas, sidewalks and related land improvements, and acquiring the land for the foregoing, all to be located in the block bounded by Pierce Street, Nebraska Street, 10th Street and 11th Street, Sioux City, Iowa with the street address of the Clinic to be 1021 Nebraska Street, Sioux City, Iowa (the Project); and (2) financing the costs of issuance and certain other costs associated with the issuance of the Bonds. The Borrower will own and operate the Project.

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, 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. The Borrower declares (a) that it intends to undertake the Project, (b) that other than (i) expenditures to be paid or reimbursed from sources other than the Bonds, or (ii) expenditures made not earlier than 60 days prior to the date of this Resolution or the date of the Borrowers reimbursement resolution, or (iii) expenditures amounting to the lesser of $100,000 or 5% of the proceeds of the Bonds, or (iv) expenditures constituting preliminary expenditures as defined in Section 1.150-2(f)(2) of the Regulations, no expenditures for the Project have heretofore been made by the Borrower and no expenditures will be made by the Borrower until after the date of this Resolution, and (c) that the Borrower reasonably expects to reimburse the expenditures made for costs of the Project out of the proceeds of the Bonds. This declaration is a declaration of official intent adopted pursuant to Section 1.150-2 of the Regulations.

Section 6. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict.

Passed and approved on March 6, 2007.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

There was a discussion between the Board and Rob Marqusee, Rural Economic Development Director, about the approval and signing of the Development Agreement of the Owego Dairy Project.

The Board postponed action to authorize the Chairman to sign the Development Agreement of the Owego Dairy Project.

Motion by Boykin second by Batcheller to approve and authorize the Chairman to sign a Resolution approving the final plat of Kucera Addition subdivision, GIS#8847 33 100 010, per recommendation of John Pylelo, Planning and Zoning. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION NO. 10,143
RESOLUTION ACCEPTING AND APPROVING KUCERA ADDITION TO WOODBURY COUNTY, IOWA

WHEREAS, the owner and proprietor did on the 1st day of February, 2007, file with the Woodbury County Zoning Commission a certain Plat designated as Kucera 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 Kucera 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 6th day of March, 2007
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Boykin second by Monson to approve and authorize the Chairman to sign a Resolution approving the final plat of McKenna Addition subdivision, GIS#8647 03 100 001. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION NO. 10,144
RESOLUTION ACCEPTING AND APPROVING MC KENNA ADDITION TO WOODBURY COUNTY, IOWA

WHEREAS, the owner and proprietor did on the 1st day of February, 2007, file with the Woodbury County Zoning Commission a certain Plat designated as Mc Kenna 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 Mc Kenna 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 6th day of March, 2007
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Batcheller second by Monson to authorize the Chairman to sign a Utility Accommodation Permit submitted by Western Iowa REC, per recommendation by the County Engineer. Carried 5-0. Copy filed.

Motion by Clausen second by Monson to award the bid for the Danbury maintenance shed to Weise Construction, 101 State Street, Cushing, IA in the amount of $155,238.00, per recommendation by the County Engineer. Carried 5-0. 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.

Woodbury County Sheriff Glen Parrett presented a resolution to repeal the 2000 foot rule.

The Board adjourned the regular meeting until March 13, 2007.