Minutes - 1/22/2008

JANUARY 22, 2008FOURTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, January 22, 2008 at 9:00 a.m. Board members present were Boykin, Clausen, Monson, and Walish; Batcheller was absent. 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.

Mr. Batcheller excused himself at 10:00 a.m.

Meeting called to order.

Motion by Monson second by Boykin to approve the Board minutes of the January 15, 2008 meeting as submitted. Carried 4-0. Copy filed.

The Board approved the separation of Nicholas D. Robinson, Temporary Engineering Aide, Secondary Roads Dept., effective 01/11/2008. End of temporary work. Copy filed.

The Board approved a leave of absence for Elizabeth A. Schermerhorn, Assistant Director, Juvenile Detention Dept., effective 01/17/2008. Medical leave of absence. Copy filed.

The Board approved the appointment of Willie E. Garrett, III, Deputy Sheriff, County Sheriff Dept., $16.50/hour, effective 01/28/2008. Appointment by an Elected Official. Copy filed.

The Board approved the separation of Kelly J. Frisch, Part-time Youth Worker, Juvenile Detention Dept., effective 01/29/2008. Resignation. Copy filed.

The Board approved the reclassification of Dawn N. Zahnley, Full-time Secretary (grant position), Disaster Services Dept., $15.24/hour, effective 02/02/2008. Per Wage Plan comparison with AFSCME Courthouse contract from Grade 3, Step 4 to Grade 3, Step 5. Copy filed.

The Board approved the reclassification of Chad L. Heckert, Correctional Officer, County Sheriff Dept., $16.09/hour, effective 02/06/2008. Per DSA contract agreement from Class 2 to Class 1. Copy filed.

The Board approved the reclassification of Denise M. Fletcher, Executive Secretary/Public Bidder, Board Administration, $15.69/hour, effective 02/10/2008. Per Wage Plan comparison with AFSCME Courthouse contract from Grade 6, Step 2 to Grade 6, Step 3. Copy filed.

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

Temporary Equipment Operator, Secondary Roads Dept. Entry level: C.W.A. $16.55/hour.

Part-time Male Youth Worker, Juvenile Detention Dept. Entry level: AFSCME J.D. $13.94/hour

Carried 4-0. Copy filed.

The Board discussed labor bargaining unit contracts with J. D. Pellersels, Human Resources Director.

Motion by Boykin second by Monson to ratify the Juvenile Detention bargaining unit contract. Carried 4-0.

Motion by Monson second by Boykin to ratify Courthouse Employees bargaining unit contract. Carried 4-0.

Motion by Boykin second by Monson to ratify the Secondary Roads bargaining unit contract. Carried 4-0.

Motion by Monson second by Boykin to ratify the Assistant County Attorneys and Victim Witness Coordinator bargaining unit contract. Carried 4-0.

Motion by Clausen second by Boykin to ratify the Deputy Sheriffs, Civilian Employees and Civilian Process Servers bargaining unit contract. Carried 4-0.

Motion by Monson second by Boykin to receive as submitted the County Recorders report of fees collected for the period of 10/01/2007 through 12/31/2007. Carried 4-0. Copy filed.

Motion by Clausen second by Boykin to receive as submitted the County Sheriffs Civil Division report of fees collected for the second quarter ending 12/31/2007. Carried 4-0. Copy filed.

The Board discussed tax abatement on various parcels which are buildings on leased land for mobile homes that have been disposed of.

Motion by Boykin second by Monson to approve a tax abatement for Parcel #8947-23-200-902 Troy or Kimberly Schlotman - Taxes due and payable 2005-2006 and 2006-2007 total $44.00, plus interest and costs. Carried 4-0.

Motion by Boykin second by Clausen to approve a tax abatement for Parcel #8947-23-200-939 Greg A. Slachetka - Taxes due and payable 2006-2007 total $46.00, plus interest and costs. Carried 4-0.

Motion by Clausen second by Boykin to approve and authorize the Chairman to sign a final payment voucher for project #BRS-7092(601)60-97, per recommendation by the County Engineer. Carried 4-0.

Motion by Boykin second by Clausen to reconsider the tax abatement for Parcel #8947-23-200-939. Carried 4-0.

Mr. Boykin asked to withdraw the motion to approve a tax abatement for Parcel #8947-23-200-939. There were no objections and the motion was withdrawn.

Motion by Monson second by Boykin to approve and authorize the Chairman to sign a Resolution approving abatement of taxes due for the 2006-2007 assessment period, for Siouxland Community Christian School, parcel #561285. Carried 3-1; Clausen opposed.

Motion by Boykin second by Clausen to approve and authorize the Chairman to sign a Resolution approving petition for suspension of taxes for Earl E. Strom and Julie A. Strom, parcel #8947-29-407-027 (103 Bluff Street, Sioux City). Carried 4-0.

WOODBURY COUNTY, IOWA
RESOLUTION # 10,333
RESOLUTION APPROVING PETITION FOR SUSPENSION OF TAXES

WHEREAS, Earl E. Strom & Julie A. Strom, are the titleholders of property located at 103 Bluff Street, City of Sioux City, Woodbury County, Iowa, and legally described as follows:

Parcel # 8947 29 407 027

Sioux City Addition North 2/3 Lot Thirteen (13) Block Thirty (30), City of Sioux City, Woodbury County, Iowa

WHEREAS, Earl E. Strom & Julie A. Strom as titleholder 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 22nd day of January, 2008.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

A public hearing was held at 10:15 a.m. for the sale of property parcel #069315 (aka 2728 S. Lakeport Street, Sioux City, Iowa). The Chairman called on anyone wishing to be heard.

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

Motion by Boykin second by Monson to accept the offer of Clark and Mary Godfrey in the amount of $1.00 plus recording fees. Carried 4-0.

RESOLUTION OF THE BOARD OF SUPERVISORS
OF WOODBURY COUNTY, IOWA:
RESOLUTION # 10,334

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

By CLARK AND MARY GODFREY, AS JOINT TENANTS WITH FULL RIGHTS OF SURVIVORSHIP AND NOT AS TENANTS IN COMMON in the sum of ONE & 00/100 ($1.00) ----- dollar.

For the following described real estate, To Wit:

Parcel #069315
S. 7 Ft. of N. 20 Ft. Lot 453, Belmont Addition, City Of Sioux City, Woodbury County, Iowa
(2728 S. Lakeport St.)

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 22nd Day of January, 2008.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

A public hearing was held at 10:17 a.m. for the sale of property parcel #072150 (aka 2956 Center Street, Sioux City, Iowa). The Chairman called on anyone wishing to be heard.

Motion by Clausen second by Monson to close the hearing. Carried 4-0.

Motion by Monson second by Boykin to accept the offer by the City of Sioux City in the amount of $1.00 plus recording fees. Carried 4-0.

RESOLUTION OF THE BOARD OF SUPERVISORS
OF WOODBURY COUNTY, IOWA:
RESOLUTION # 10,335

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

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

For the following described real estate, To Wit:

Parcel #072150
That Pt. of Lot 123 Lying N. of a Line Extended E. From a Pt. 93 Ft N. of the S. Line of Lot 120, Boies Addition, City of Sioux City, Woodbury County, IA
(2956 Center St. West of Plaza Shopping Center)

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 22nd Day of January, 2008.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Clausen second by Boykin to authorize the Chairman to sign a Resolution calling for a public hearing on the proposed issuance of a revenue note by Woodbury County in a principal amount not to exceed $2,000,000, at the request of Hospice of Siouxland and setting the public hearing for February 10, 2008 at 10:15 a.m.. Carried 4-0.

WOODBURY COUNTY, IOWA
RESOLUTION # 10,336
RESOLUTION CALLING FOR PUBLIC HEARING ON
PROPOSED ISSUANCE OF A REVENUE NOTE BY WOODBURY COUNTY
IN A PRINCIPAL AMOUNT NOT TO EXCEED $2,000,000,
AT THE REQUEST OF HOSPICE OF SIOUXLAND

WHEREAS, the County of Woodbury, Iowa (the County) is a political subdivision organized and existing under the Constitution and laws of the State of Iowa, and is authorized and empowered by Chapter 419 of the Code of Iowa (the Act) to issue revenue bonds or 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; and

WHEREAS, a proposal has been made to the Board of Supervisors (the Board) by Hospice of Siouxland, an Iowa nonprofit corporation (referred to herein as the Borrower), to authorize and issue one or more of its revenue bonds or notes for the purpose of financing a project pursuant to the Act; and

WHEREAS, the project consists of the acquisition and construction of improvements in and to the existing building located at 313 Cook Street, Sioux City, Iowa, all to be used exclusively by the Borrower as a location for the operation of a PACE (Program for All-Inclusive Care for the Elderly) Program, subject to and in accordance with applicable federal and Iowa laws or for other nonprofit use for which tax exempt indebtedness may be issued (the Project); and

WHEREAS, the funds to provide financing for the Project would be obtained through the issuance by the County of its Revenue Note (the Note), in a principal amount not to exceed $2,000,000, which Note is to be repaid solely and only through payments to be made by the Borrower pursuant to a loan or similar agreement between the County and the Borrower; and

WHEREAS, the Note, if issued, shall be a limited obligation 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 Note shall be payable solely out of the revenues derived from the loan agreement; and

WHEREAS, pursuant to Section 419.9 of the Act and Section 147(f) of the Code, before the Note may be issued it is necessary to conduct a public hearing on the proposal to issue the Note and to publish notice of said public hearing not less than 15 days prior to the date fixed for the hearing.

BE IT RESOLVED by the Board of Supervisors of the County as follows:

1. A public hearing shall be conducted by this Board on the issuance of said Note and on the Project, such hearing to be held on February 10, 2008, at 10:15 oclock a.m. at the at the County Courthouse in Sioux City, Iowa, at which hearing all parties who appear shall be given an opportunity to express their views with respect to said proposal.

2. Notice of such public hearing, in substantially the form attached hereto as Exhibit A, shall be published at least once not less than 15 days prior to the date fixed for the hearing, in a newspaper having a general circulation in the County.

Adopted: January 22, 2008.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Boykin second by Monson to approve and authorize the Chairman to sign a Resolution authorizing the execution of a memorandum of agreement with Sunrise Manor, a.k.a. Sunrise Retirement Community, and setting the date for a public hearing on the proposed issuance of revenue bonds or notes. Carried 4-0.

WOODBURY COUNTY, IOWA
RESOLUTION # 10,332

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 $6,500,000 (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 19th day of February, 2008, 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 19th day of February, 2008, 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 $6,500,000 (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.
County Auditor

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 January 22, 2008.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Monson second by Boykin to approve and authorize the Chairman to sign a LETPP grant agreement (#FFY2007-LETPP-LEIN1-01) between Iowa Homeland Security and Emergency Management Division and Woodbury County Board of Supervisors, to provide federal assistance from then Law Enforcement Terrorism Prevention Program in an amount not to exceed $316,667.00. Carried 4-0. Copy filed.

Motion by Clausen second by Monson to receive for signatures the canvass of the Farmers Drainage Sub District #3 Trustee Election. Carried 4-0.

Motion by Monson second by Clausen to receive for signatures the canvass of the Garretson Drainage Sub District #3 Trustee Election. Carried 4-0.

Motion by Clausen second by Boykin to go into closed session per Iowa Code 21.5 (1) (a), for a General Relief appeal for N. C. Carried 4-0 on a roll-call vote.

Motion by Boykin second by Monson to go out of closed session per Iowa Code 21.5 (1) (a). Carried 4-0 on a roll-call vote.

The General Relief appeal for R. R. was cancelled because there was no one present to be heard.

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

Dr. Greg Bleeker, DVM, and family were introduced to the Board, in advance the public hearing scheduled for a dairy facility on January 29th.

Motion by Boykin second by Monson to receive the Medical Examiner budget as submitted. Carried 4-0.

Motion by Boykin second by Monson to receive the Siouxland District Health Department budget reduced by $50,000.00. Carried 4-0.

Motion by Clausen second by Monson to receive the Department of Human Services budget reduced by $15,600.00. Carried 4-0.

The Board recessed for lunch.
Meeting called to order.

Motion by Boykin second by Monson to receive the General Relief Administration budget as submitted. Carried 4-0.

Motion by Monson second by Boykin to receive the General Relief Assistance budget as submitted. Carried 4-0.

Motion by Boykin second by Monson to reconsider a Resolution approving abatement of taxes due for the 2006-2007 assessment period, for Siouxland Community Christian School, parcel #561285. Carried 4-0.

Mr. Monson asked to withdraw his motion to approve a Resolution approving abatement of taxes due for the 2006-2007 assessment period, for Siouxland Community Christian School, parcel #561285. There were no objections and the motion was withdrawn.

Motion by Boykin second by Clausen to receive the JAIB Grant budget as submitted. Carried 4-0.

Motion by Boykin second by Monson to receive the Communications Center budget as submitted. Carried 4-0.

Non-County Social Service Agencies

Motion by Clausen second by Boykin to receive the The Center budget, reduced by $15,000.00. Carried 4-0.

Motion by Clausen second by Boykin to receive the Council on Sexual Assault budget, reduced by $4,300.00. Carried 4-0.

Motion by Clausen second by Boykin to receive the Meals on Wheels (Non-County Social Service Agencies) budget, reduced by $5,000.00. Carried 4-0.

Motion by Boykin second by Clausen to receive the Senior Aides CAAS (Non-County Social Service Agencies) budget, reduced by $7,312.00. Carried 4-0.

Motion by Monson second by Boykin to receive the Siouxland Regional Transit (Non-County Social Service Agencies) budget, reduced by $2,000.00. Carried 3-1, Clausen opposed.

Motion by Boykin second by Monson to receive the Siouxland Senior Center (Non-County Social Service Agencies) budget, reduced by $6,948.00. Carried 4-0.

Motion by Boykin second by Monson to receive the Moville Senior Center (Non-County Social Service Agencies) budget, reduced by $1,000.00. Carried 4-0.

The Board adjourned the regular meeting until January 29, 2008.