Minutes - 11/20/2007

NOVEMBER 20, 2007FORTY-SEVENTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, November 20, 2007 at 9:00 a.m. Board members present were Batcheller, Boykin, Clausen, Monson, and Walish. Staff members present were Karen James, Board Administrative Coordinator, Loan Hensley, Assistant County Attorney and Patrick F. Gill, Auditor/Clerk to the Board.

The Claims were approved as presented. Copy filed.

The Board canvassed the Lawton-Bronson Special Election held in Woodbury County on November 13, 2007.

Victoria Ritz, Deputy Commissioner of Elections, announced there were 12 provisional ballots, of which 2 were accepted and added to the Tally and 10 were rejected.

For the special proposition, upon the public measure Question A: Shall the Board of Directors of the Lawton-Bronson Community School District in the Counties of Woodbury and Plymouth, State of Iowa, be authorized to contract indebtedness and issue General Obligation Bonds in an amount not to exceed $7,280,000 to provide funds to provide funds to construct, build, furnish and equip a new elementary school building, and to improve the site?

There were One-thousand, forty-four (1,044) ballots cast as follows:

For the question there were
Seven-hundred and five (705) votes

Against the question there were
Three hundred and thirty-nine (339) votes

We therefore declare the public measure to be adopted.

Motion by Batcheller second by Monson to receive the canvass of the Lawton-Bronson Special Election. Carried 5-0.

Prize drawings were held for the United Way campaign County employee participation program.

Meeting called to order.

Motion by Batcheller second by Clausen to approve the Board minutes of the November 13, 2007 meeting as submitted. Carried 5-0. Copy filed.

The Board approved the appointment of Kimberly K. Koepke, Full-time Youth Worker, Juvenile Detention Dept., $14.99/hour, effective 11/21/2007. Per AFSCME Juvenile Detention contract agreement, from part-time to full-time status at current salary level. Copy filed.

The Board approved the reclassification of James D. Loomis, Assistant County Attorney, County Attorney Dept., $53,727/year, effective 12/01/2007. Per AFSCME Assistant Attorney contract agreement, from Step 4 to Step 5. Copy filed.

The Board approved the reclassification of Bobbier A. Johnson, Assistant County Attorney, County Attorney Dept., $49,017/year, effective 12/06/2007. Per AFSCME Assistant Attorney contract agreement, from Step 2 to Step 3. Copy filed.

Motion by Batcheller second by Monson to approve and authorize the Chairman to sign a Resolution approving abatement of taxes for the City of Salix, for parcels #874735302006, #874735302005, and #874734426005. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION #10,216
RESOLUTION APPROVING ABATEMENT OF TAXES

WHEREAS, the City of Salix is the titleholder of real estate Parcels #874735302006, #874735302005 and #874734426005 located in Woodbury County, Iowa and legally described as follows:

Parcel #874735302006

Salix City South 20 Feet North 60 Feet Lots 5 & 6 Block 3

Parcel #874735302005

Salix City Of North 40 Feet Lots 5 & 6 Block 3

Parcel #874734426005

Salix City Of Aud Plat Of 34-87-47 Tax Lot 3 (Ex N 595

WHEREAS, the above stated property has an unpaid balance of taxes owing, and the parcels are owned by a political subdivision of the state; and

WHEREAS, the City of Salix requests the Board of Supervisors abate the tax representing that part of the taxes after which the City of Salix was in sole possession; and

WHEREAS, the political subdivision, namely the City of Salix 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 any future taxes that may be levied against these parcels for so long as this parcel is owned by the City of Salix; 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 November, 2007.

WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Monson second by Clausen to approve lifting the tax suspension for Harriet M. Fox, 1418 W. 16th Street, Sioux City, Iowa, as the property has been sold. Carried 5-0.

Bid opening was held for a County door access control system. Bids were as follows:

Electric Innovations, Sioux City, Iowa
bid $15,374.00

Midwest Alarm, Sioux City, Iowa
bid $18,283.42

There were no other bids.

Motion by Batcheller second by Monson to receive the bids and forward them to the Security Committee for review and recommendations. Carried 5-0. Copy filed.

The Board reviewed the preliminary platting of Harrison Replat of Lot 6 and part of Lot 7 of Harrisons Addition, parcel GIS #8946-17-100-001 and #8946-17-100-008, submitted by Melvin P. Harrison and Robin Harrison, with John Pylelo, Planning and Zoning Administrator.

Motion by Boykin second by Batcheller to approve the preliminary plats for Harrison Replat of Harrisons Addition and forward them to the Zoning Commission for review and recommendations. Carried 5-0.

The Board reviewed the preliminary platting of Wingert Addition Subdivision, parcel GIS #8846-20-300-002, submitted by Dwight Gene and Catherine Joyce Wingert, with John Pylelo, Planning and Zoning Administrator.

Motion by Batcheller second by Clausen to approve the preliminary plats for Wingert Addition Subdivision and forward them to the Zoning Commission for review and recommendations. Carried 5-0.

Motion by Boykin second by Batcheller to approve and authorize the Chairman to sign a Resolution and execution of a memorandum of agreement with Sunrise Manor, a.k.a. Sunrise Retirement Community, to issue revenue bonds or notes in an amount not to exceed $3,000,000 in calendar year2007. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION #10,217

A Resolution authorizing the execution of a Memorandum of Agreement with Sunrise Manor a/k/a Sunrise Retirement Community 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 Sunrise Manor a/k/a Sunrise Retirement Community (the Borrower), a Tax Exempt Organization, to issue revenue bonds or notes, in an aggregate principal amount not to exceed $3,000,000 (the Bonds), in one or more series, pursuant to the Act, and to loan said amount to the Borrower for the purpose of (1) paying a portion of the costs of acquiring, renovating, constructing and equipping an approximately 62-unit independent senior living facility, an approximately 46-unit assisted living facility and an approximately 70-bed nursing home, including related parking areas and land improvements to be located on the Borrowers campus at 5501 Gordon Drive East, Sioux City, Iowa (the Project), (2) retiring existing indebtedness incurred in connection with the Project and improvements to the Borrowers facilities located on its campus, (3) funding a debt service reserve fund and (4) 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 10:15 a.m. on the 18th day of December, 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
(SUNRISE RETIREMENT COMMUNITY PROJECT)

The Board of Supervisors of Woodbury County, Iowa, (the Issuer) will meet on the 18th day of December, 2007, at 10:15 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 $3,000,000 (the Bonds), in one or more series, and to loan said amount to Sunrise Manor a/k/a Sunrise Retirement Community (the Borrower), for the purpose of (1) paying a portion of the costs of acquiring, renovating, constructing and equipping an approximately 62-unit independent senior living facility, an approximately 46-unit assisted living facility and an approximately 70-bed nursing home, including related parking areas and land improvements to be located on the Borrowers campus at 5501 Gordon Drive East, Sioux City, Iowa (the Project), (2) retiring existing indebtedness incurred in connection with the Project and improvements to the Borrowers facilities located on its campus, (3) funding a debt service reserve fund and (4) 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 November 20, 2007.

Motion by Batcheller second by Monson to set the date of 10:15 a.m. on December 18, 2007 for a public hearing on the proposed issuance of bonds or notes. Carried 5-0.

Motion by Boykin second by Monson to set the date of December 4, 2007 for a public hearing for Community Development Block Grant requested by Siouxland District Health. Carried 5-0.

The Board discussed the farm bin lease contract with Western Slopes Farm, with Assistant County Attorney Loan Hensley.

Motion by Boykin second by Monson to revoke the contract with Western Slopes Farm if a signed agreement is not received by 4:30 P.M. Carried 5-0.

Motion by Batcheller second by Boykin to approve and authorize the Chairman to sign a Utility Accommodation Permit submitted by Hi-Tech Electric, Sioux City, Iowa, to install a phone line along a section of 150th Street near Pierson, on behalf of Qwest Communications, per recommendation by the county engineer. Carried 5-0.

Motion by Monson second by Clausen to receive and approve plans for Secondary Roads Dept. project #L-G07(2)73-97, per recommendation of the county engineer. Carried 5-0.

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 toured Secondary Road projects.

The Board adjourned the regular meeting until November 27, 2007.