Minutes - 12/18/2007

DECEMBER 18, 2007FIFTY-FIRST MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, December 18, 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.

Meeting called to order.

Motion by Monson second by Clausen to approve the Board minutes of the December 11, 2007 meeting as submitted. Carried 4-0, Batcheller abstained. Copy filed.

Motion by Boykin second by Clausen to approve the Board minutes of the December 11, 2007 Executive meeting as submitted. Carried 4-0, Batcheller abstained.

The Board discussed appointments for terms expiring on various boards and commissions.

Motion by Monson second by Boykin to approve the appointment of Don Dixon to the Conservation Board. Carried 5-0.

Motion by Boykin second by Batcheller to approve the appointment of Dennis Nitz to the Siouxland District Board of Health. Carried 5-0.

Motion by Batcheller second by Monson to approve the appointment of George Boykin to the Siouxland District Board of Health. Carried 5-0.

Motion by Monson second by Boykin to approve the appointment of Leo Jochum, Donald H. Johnson, Elleen Oberreuter, Wallace Sorenson, Thomas Ullrich, Ronald Michener, and John Small to the Commission to Assess Damages, Category A-Owners/Operators of Agricultural Property. Carried 5-0.

Motion by Clausen second by Boykin to approve the appointment of G.R. Batcheller Jr., Peter Macfarlane, Wayne B. Ducommun, Ruth A. Groth, Kathleen F. Fenceroy, Susan Feathers, and Jean C. Huff to the Commission to Assess Damages, Category B-Owners of City Property. Carried 5-0.

Motion by Batcheller second by Boykin to approve the appointment of Colleen R. Baker, Terry Kroeger, Cleo Pottorff, Duke OHern, Anita Small, Nancy Henry, C.P.S., and Teresa Delfs to the Commission to Assess Damages, Category C-Licensed Real Estate Salesman or Real Estate Broker. Carried 5-0.

Motion by Monson second by Boykin to approve the appointment of Patrick Curry, Robert Huisenga, Leon Ortner, and Jon Wilke to the Commission to Assess Damages, Category D-Persons Having Knowledge of Property Values in the County by Reason of Their Occupation. Carried 5-0.

The Board discussed reordering the Woodbury County Courthouse Booklet, and the funding source, with Patty Erickson-Puttmann, Social Services Coordinator.

Motion by Monson second by Batcheller to authorize the purchase of the Woodbury County Courthouse Booklets, and to use the Courthouse Foundation as the funding source. Carried 5-0.

A public hearing was held at 10:15 a.m. for the issuance and sale of revenue bonds or notes. The Chairman called on anyone wishing to be heard.

Motion by Batcheller second by Boykin to close the hearing. Carried 5-0.

Motion by Boykin second by Batcheller to approve and authorize the Chairman to sign a Resolution to proceed with the issuance of senior living facility bonds (Sunrise Retirement Community Project) and authorize the issuance and sale of a senior living facility revenue bond anticipation note, series 2007 (Sunrise Retirement Community Project), and authorizing the execution of documents relating thereto. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION NO. 10,223
Resolution determining to proceed with the issuance of Senior Living Facility Bonds (Sunrise Retirement Community Project) and authorizing the issuance and sale of a Senior Living Facility Revenue Bond Anticipation Note, Series 2007 (Sunrise Retirement Community Project), of Woodbury County, Iowa, and authorizing the execution of documents relating thereto

Be It Resolved by the Board of Supervisors of Woodbury County, Iowa (the Issuer) as follows:

Section 1. (A) The Issuer is a County authorized 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 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).

(B) The Issuer has been requested by Sunrise Manor a/k/a Sunrise Retirement Community (the Borrower) a Tax Exempt Organization to issue its revenue bonds or notes pursuant to the Act to provide interim financing for the Borrower in anticipation of the issuance by the Issuer of its Senior Living Facility Revenue Bonds (Sunrise Retirement Community Project) (the Bonds) to provide permanent financing 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) and financing the costs of issuance and certain other costs associated with the issuance of the Bonds; and

(C) A Resolution proposing to finance the cost of the Project through the issuance of the Bonds in an aggregate principal amount not to exceed $3,000,000 and to loan said amount to the Borrower was adopted on November 20, 2007.

(D) As required by the Act and Section 147(f) of the Code, the Issuer has held a public hearing on the issuance of the Bonds to finance the Project and hereby determine to proceed with the issuance of the Bonds.

(E) The Borrower has requested the Issuer to issue its Senior Living Facility Revenue Bond Anticipation Note, Series 2007 (Sunrise Retirement Community Project) in the principal amount of $3,000,000 (the Note) in anticipation of the issuance of the Bonds to provide interim financing for the Project.

(F) The issuance and sale of the Note by the Issuer, pursuant to the Act in anticipation of the issuance of and being payable from the proceeds of the Bonds, is in the best interest of the Issuer, and the Issuer hereby determines to issue the Note and to sell the Note to Piper Jaffray & Co. (the Lender) as provided herein. The Issuer will loan the proceeds of the Note (the Loan) to the Borrower in order to finance the cost of the Project.

(G) Pursuant to a Loan Agreement (the Loan Agreement) to be entered into between the Issuer and the Borrower, the Issuer agrees to issue the Bonds and the Issuer and the Borrower agree to apply the proceeds to the repayment of the Note and the Borrower agrees to repay the Loan in specified amounts and at specified times sufficient to pay in full when due the principal of, premium, if any, and interest on the Note. In addition, the Loan Agreement contains provisions relating to the completion of the Project, the maintenance and operation of the Project, indemnification, insurance, and other agreements and covenants which are required or permitted by the Act and which the Issuer and the Borrower deem necessary or desirable for the financing of the Project. A draft of the Loan Agreement has been submitted to the Board of Supervisors for their review.

(H) Pursuant to an Assignment and Pledge Agreement (the Pledge Agreement) to be entered into between the Issuer and the Lender, the Issuer, among other things, will grant to the Lender a security interest in all of the Issuers rights, title and interest in and to the Loan Agreement, including, but not limited to, the right to receive Loan Repayments (as defined in the Loan Agreement). A draft of the Pledge Agreement has been submitted to the Board for their review.

(I) The Note will be a special limited obligation of the Issuer. The Note shall not be payable from or charged upon any funds other than the revenues pledged to the payment thereof, nor shall the Issuer be subject to any liability thereon. No holder of the Note shall ever have the right to compel any exercise of the taxing power of the Issuer to pay the Note or the interest thereon, nor to enforce payment thereof against any property of the Issuer. The Note shall not constitute a debt of the Issuer within the meaning of any constitutional or statutory limitation. A draft of the Note has been submitted to the Board for their review.

Section 2. In order to provide interim financing for the Project, the Issuer hereby authorizes the issuance of the Note in anticipation of the issuance of the Bonds. The Note shall be in the form submitted to the Board and shall mature in the years and amounts, be subject to redemption, and provide interest at the rate as therein specified.

Section 3. The Loan Agreement, the Pledge Agreement, and the Note are hereby made a part of this Resolution as though fully set forth herein and are hereby approved in substantially the forms presented to the Board. The Chairperson and the County Auditor are authorized and directed to execute, acknowledge, and deliver said documents on behalf of the Issuer with such changes, insertions and omissions therein as the officials executing such documents may hereafter deem appropriate, such execution to be conclusive evidence of approval of such documents in accordance with the terms hereof.

Section 4. The Chairperson and the County Auditor are authorized and directed to execute and deliver all other documents which may be required under the terms of the Loan Agreement or Pledge Agreement, or by bond counsel, and to take any other action as may be required or deemed appropriate for the performance of the duties imposed thereby to carry out the purposes thereof.

Section 5. In order to qualify the Note as a qualified tax exempt obligation within the meaning of Section 265(b)(3) of the Code, the Issuer hereby makes the following factual statements and representations:

(A) The Issuer hereby designates the Note as a qualified tax-exempt obligation for purposes of Section 265(b)(3) of the Code;

(B) The reasonably anticipated amount of tax-exempt obligations (other than obligations described in clause (ii) of Section 265(b)(3)(c) of the Code) which will be issued by the Issuer (and all entities whose obligations will be aggregated with those of the Issuer) during this calendar year 2007 will not exceed $10,000,000; and

(C) Not more than $10,000,000 of obligations issued by the Issuer during this calendar year 2007 have been designated for purposes of Section 265(b)(3) of the Code.

The Issuer shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph.

Section 6. The Chairperson, the County Auditor and other officers of the Issuer are authorized to furnish to the Lender, the Borrower, and bond counsel certified copies of all proceedings and records of the Issuer relating to the Note, and such other affidavits and certificates as may be required to show the facts relating to the legality and marketability of the Note as such facts appear form 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 issuer as to the truth of all statements contained therein.

Passed and approved December 18, 2007.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

The Board discussed the Prairie Hills water supply with Mark Elgert, Building Superintendent.

Motion by Batcheller second by Monson to authorize the Chairman to sign a letter to the Department of Natural Resources to update the department on the status of the water supply at the Prairie Hills property. Carried 5-0.

The Board discussed a County Building Use Policy with Loan Hensley, Assistant County Attorney.

Motion by Batcheller second by Monson to postpone action on a County Building Use Policy. Carried 5-0.

Motion by Monson second by Batcheller to approve and authorize the Chairman to sign a Resolution establishing hourly County rate at $60.00 per hour for Attorney compensation, pursuant to mental health/substance abuse committals. Carried 5-0.

WOOBURY COUNTY, IOWA
RESOLUTION #10,224

WHEREAS, Iowa Code sections 125.78 and 229.8 directs the Board of Supervisors to establish the hourly compensation rate for an attorney appointed under either of these sections; and

WHEREAS, the manner in which the compensation rate is establish is to be substantially in the same manner as provided by Iowa Code section 815.7; and

NOW, THEREFORE, BE IT RESOLVED, that the Woodbury County Board of Supervisors hereby sets a compensation rate for attorneys appointed pursuant to Iowa Code sections 125.78 and 229.8 at $60.00 dollars per hour.

SO RESOLVED this 18th day of December, 2007.

WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Boykin second by Batcheller to approve and authorize the Chairman to sign a Resolution endorsing the submission of a funding request by Siouxland Historical Railroad Association to the Vision Iowa Community Attraction and Tourism Program, as requested by Larry Obermeyer, Siouxland Historical Railroad Association. Carried 5-0.

WOODBURY COUNTY, IOWA
Resolution No. 10,225

WHEREAS, the Milwaukee Railroad Shops Historic District comprises 31.5 acres and preserves the rich railroad history of Woodbury County; and

WHEREAS, the Milwaukee Railroad Shops Historic District is a popular heritage tourism attraction in Woodbury County drawing thousands of visitors annually; and

WHEREAS, the public value for preserving the Milwaukee Railroad Shops Historic District has been recognized by national and statewide levels of government; and

WHEREAS, Woodbury County Board of Supervisors previously demonstrated its support for the preservation of the Milwaukee Railroad Shops Historic District through a grant of $12,000 for site design and schematic work; and

WHEREAS, the Siouxland Historical Railroad Association will not be able to complete their preservation and development of the Milwaukee Railroad Shops Historic District without the aid of a Vision Iowa Community Attraction and Tourism grant;

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS THAT WOODBURY COUNTY does hereby support and endorse the Siouxland Historical Railroad Associations efforts to obtain grant funding to preserve and rehabilitate the Milwaukee Railroad Shops.

Dated this 18th day of December 2007.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

The Board reviewed applicants applying for one expiring term on the Woodbury County Board of Adjustment.

Motion by Batcheller second by Boykin to approve the appointment of David Scholten to fill the expiring term on the Woodbury County Board of Adjustments, for the term expiring on December 31, 2007. Carried 5-0.

The Board reviewed applicants applying for one expiring term on the Woodbury County Zoning Commission.

Motion by Monson second by Batcheller to approve the reappointment of Arvin Nelson to the Woodbury County Zoning Commission, for a term expiring on December 31, 2012. Carried 5-0.

The Board discussed a supplemental contract for services with Flat Earth Planning with John Pylelo, Planning/Zoning Administrator. The contract is for completion and adoption of ordinances under the Countys 2005 General Development Plan.

Motion by Batcheller second by Monson to approve and authorize the Chairman to sign the supplemental contract with Flat Earth Planning to be funded from local option sales tax funds. Carried 5-0. Copy filed.

Motion by Batcheller second by Boykin to approve and authorize the Chairman to sign a Certificate of Completion for Project #L-EWP02(5)73-97. Carried 5-0. Copy filed.

Motion by Monson second by Boykin to approve and authorize the Chairman to sign a Proposal from Certified Testing, Incorporated, to provide subsurface exploration services, per recommendation of the County Engineer. Carried 5-0. Copy filed.

Motion by Clausen second by Boykin to approve and authorize the Chairman to sign a Resolution requesting the Legislature address County liability to bicyclists on Secondary Roads, per recommendation of the County Engineer. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION NO. 10,226

Pertaining to the use of Secondary Roads in Woodbury County, Iowa by RAGBRAI and by cyclists in general.

WHEREAS, the Registers Annual Great Bike Ride Across Iowa (RAGBRAI) is a unique event that draws thousands of visitors to Iowa annually and promotes Iowa tourism; and

WHEREAS, biking in general is an excellent form of exercise enjoyed by millions of Americans, as well as a pollution-free form of transportation that should be encouraged; and

WHEREAS, secondary roads in Iowa are not designed or maintained to meet any specific standards related to bicycle travel; and

WHEREAS, the current situation has created an unacceptable exposure to future bicycle-related lawsuits against this County;

NOW THEREFORE, be it resolved by the Board of Supervisors that they respectfully request that the Iowa Legislature address this issue in 2008 on a statewide basis so that the Board of Supervisors does not have to act at the local level to regulate the use by cyclists of secondary roads under the jurisdiction of the County.

Approved this 18th day of December, 2007
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

The Board discussed a Moville speed study with County Engineer Richard Storm.

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 personnel evaluation was postponed.

The Board adjourned the regular meeting until January 2, 2008.