Minutes - 2/12/2008

FEBRUARY 12, 2008SEVENTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, February 12, 2008 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 Batcheller second by Monson to approve the Board minutes of the February 5, 2008 meeting as submitted. Carried 5-0. Copy filed.

The Board approved the appointment of Gerald W. Yaremko, Temporary Equipment Operator, Secondary Roads Dept., $16.55/hour, effective 02/08/2008. Not to exceed 120 days. Copy filed.

The Board approved the appointment of Donald C. Stevenson, Maintenance Worker, Building Services Dept., $11.29/hour, effective 02/13/2008. Job vacancy posted 10/23/2007. Entry level salary range: $11.88-$13.01/hour, based on experience. Copy filed.

The Board approved the reclassification of Kimberly A. Grieve, Election Clerk II, County Auditor/Recorder Dept., $12.42/hour, effective 02/21/2008. Per AFSCME Courthouse contract agreement from Grade 3, Step 1 to Grade 3, Step 2. Copy filed.

The Board approved the reclassification of David K. Benson, Master Deputy, County Sheriff Dept., $25.04/hour, effective 02/22/2008. Per DSA contract agreement from Senior Class to Master Level. Copy filed.

The Board approved the reclassification of Gerad W. Lukken, Correctional Officer, County Sheriff Dept., $16.09/hour, effective 02/26/2008. Per DSA contract agreement from Class 2 to Class 1. Copy filed.

Motion by Boykin second by Clausen to approve and authorize the Chairman to sign an Authorization to Initiate Hiring Process for a Full-time Deputy Sheriff, County Sheriff Dept. Entry level: DSA $16.50/hour. Carried 5-0. Copy filed.

The Board discussed Workers Compensation Insurance with Steve Schultz, Gallagher Insurance.

Motion by Boykin second by Batcheller to approve adding a $500.00 deductible to the current Woodbury County Workers Compensation Program. Carried 5-0

Motion by Batcheller second by Boykin to approve and authorize the Chairman to sign a Resolution to set the public hearing date for the sale of real estate property parcel #104970 (1604 Main Street). Carried 5-0.

RESOLUTION # 10,339
NOTICE OF PROPERTY SALE
Parcel #104970

WHEREAS Woodbury County, Iowa was the owner under a tax deed of a certain parcel of real estate described as:

The N. 10 Ft. E. 1/3 Lot 10, Block 7, Clarks Addition, City of Sioux City,
Woodbury County, IA
(1604 Main St.)

NOW THEREFORE,

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

1. That a public hearing on the aforesaid proposal shall be held on the 26th Day of February, 2008 at 10:15 oclock a.m. in the meeting room of the Board of Supervisors on the first floor of the Woodbury County Courthouse.

2. That said Board proposes to sell the said parcel of real estate on the 26th Day of February, 2008, immediately following the closing of the public hearing to Dave Daniels only per Code of Iowa 331.361 (2).

3. That said Board proposes to sell the said real estate to Dave Daniels only for consideration of $1.00 plus recording fees.

4. That this resolution, preceded by the caption 'Notice of Property Sale' and except for this subparagraph 4 be published as notice of the aforesaid proposal, hearing and sale.

Dated this 12th Day of February, 2008.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Monson second by Boykin to approve and authorize the Chairman to sign a Resolution to set the public hearing date for the sale of real estate property parcel #106035 (1 14th Street). Carried 5-0.

RESOLUTION # 10,340
NOTICE OF PROPERTY SALE
Parcel #106035

WHEREAS Woodbury County, Iowa was the owner under a tax deed of a certain parcel of real estate described as:

Sub-Division Lots 7, 8, 9, Block 14, Lot 3, Block 14, Clark Healys Addition, Sioux City, Woodbury County, IA
(1 14th St.)

NOW THEREFORE,

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

1. That a public hearing on the aforesaid proposal shall be held on the 26th Day of February, 2008 at 10:16 oclock a.m. in the meeting room of the Board of Supervisors on the first floor of the Woodbury County Courthouse.

2. That said Board proposes to sell the said parcel of real estate on the 26th Day of February, 2008, immediately following the closing of the public hearing to Julia Cortez Morfin only per Code of Iowa 331.361 (2).

3. That said Board proposes to sell the said real estate to Julia Cortez Morfin only for consideration of $1.00 plus recording fees.

4. That this resolution, preceded by the caption 'Notice of Property Sale' and except for this subparagraph 4 be published as notice of the aforesaid proposal, hearing and sale.

Dated this 12th Day of February, 2008.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Boykin second by Monson to approve and authorize the Chairman to sign a Resolution to set the public hearing date for the sale of real estate property parcel #144766 (3249 4th Street). Carried 5-0.

RESOLUTION # 10,341
NOTICE OF PROPERTY SALE
Parcel #144766

WHEREAS Woodbury County, Iowa was the owner under a tax deed of a certain parcel of real estate described as:

The South of the Vacated East-West Alley Abutting Lot 30 in Block 2, Eden Park Addition, City of Sioux City, Woodbury County, IA
(3249 4th St.)

NOW THEREFORE,

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

1. That a public hearing on the aforesaid proposal shall be held on the 26th Day of February, 2008 at 10:17 oclock a.m. in the meeting room of the Board of Supervisors on the first floor of the Woodbury County Courthouse.

2. That said Board proposes to sell the said parcel of real estate on the 26th Day of February, 2008, immediately following the closing of the public hearing to Sharon Seaton only per Code of Iowa 331.361 (2).

3. That said Board proposes to sell the said real estate to Sharon Seaton only for consideration of $1.00 plus recording fees.

4. That this resolution, preceded by the caption 'Notice of Property Sale' and except for this subparagraph 4 be published as notice of the aforesaid proposal, hearing and sale.

Dated this 12th Day of February, 2008.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Clausen second by Monson to acknowledge the corrected appointment of Jason Hamann, 4375 230th Street, Correctionville, as Morgan Township Trustee, rather than Morgan Township Clerk. Carried 5-0.

A public hearing was held at 10:15 a.m. for the issuance and sale of revenue bonds or notes for the Hospice of Siouxland PACE (Program for the All Inclusive Care for the Elderly) program. The Chairman called on anyone wishing to be heard.

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

Motion by Batcheller second by Monson to approve and authorize the Chairman to sign a Resolution approving the issuance of a revenue note for the PACE project. Carried 5-0.

RESOLUTION #10,342
A RESOLUTION AUTHORIZING AND PROVIDING FOR THE
ISSUANCE OF A REVENUE NOTE PURSUANT TO
CODE OF IOWA, CHAPTER 419, AS AMENDED,
AT THE REQUEST OF HOSPICE OF SIOUXLAND, 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.Hospice of Siouxland, an Iowa nonprofit corporation (the Borrower), has proposed to undertake a project consisting of the acquisition and construction of improvements in and to the existing building located at 313 Cook Street, Sioux City, Iowa, all to be owned and used 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 (herein referred to as the Project), and that the County issue and sell its Revenue Note (Hospice of Siouxland Project), in substantially the form set forth in Exhibit A to the Loan Agreement referred to below (the Note), pursuant to the Act, and loan the proceeds thereof to the Borrower to provide financing for the Project.

3. Public Hearing.The 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 February 12, 2008, 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 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 U.S. Bank National Association (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;
(b) Loan Agreement Assignment (the Loan Agreement Assignment), whereby the County assigns to the Purchaser all of its interest in the Loan Agreement and the Loan Repayments of the Borrower payable thereunder (except for its rights to indemnity and payment of fees, expenses and advances) and in the Project Fund established and maintained pursuant to the Escrow Agreement described below; and
(c) Escrow Agreement (the Escrow Agreement), by and between the County, the Borrower, and the Purchaser, as Escrow Agent, pursuant to which a Project Fund is established for the deposit and disbursement of the proceeds of the Note, to be applied to the payment or reimbursement of costs of the Project.

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, the Loan Agreement Assignment or the Escrow Agreement, 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, the Loan Agreement Assignment and the Escrow Agreement 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, Loan Agreement Assignment and Escrow Agreement referred to in paragraph 5, are approved. The Loan Agreement, Loan Agreement Assignment and Escrow Agreement 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, 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 $1,500,000, 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 rate as provided in the form of Note attached as Exhibit B to the Loan Agreement and in the Loan Agreement. The rate of interest on the Note shall change from time to time as and when LIBOR (as defined in the Loan Agreement) changes.
The Purchaser will purchase the Note pursuant to the provisions of the Loan Agreement, and subject to the conditions set forth therein, at a purchase price equal to 100% of the original principal amount thereof, and said purchase price will be deposited by the Purchaser into the Project Fund on the Closing Date. 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 owner (sometimes referred to as the 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 registered owner thereof, or its attorney duly authorized in writing, and neither the County, 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, Escrow Agreement 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 5.2(b), 7.1, 7.7, 8.4 and 8.5. 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, as Bond Counsel to the Borrower, 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 member of the Board of Supervisors, officer, agent, or employee of the County in that persons individual capacity, and neither the Board of Supervisors nor any member thereof, 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 of the County (other than Loan Repayments made by the Borrower under the Loan Agreement).

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 Assistant 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 2008, will be in an aggregate amount exceeding $10,000,000 in calendar year 2008.

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: February 12, 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 a tax abatement for Sally Morgan, 2402 Shield Avenue. Carried 5-0.

Bid letting was held at 10:20 a.m. for project #L-GR08(1)73-97. The bids were as follows:

Herbst Construction, LeMars, IA - $99,840.00
Lovewell Fencing, Davenport, IA - $116,260.00
Midwest Fence-Guardrail Sys., Ralston, NE - $101,320.00.00
West Central Construction, Arthur, IA - $87,980.00

There were no further bids.

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

Bid letting was held at 10:25 a.m. for maintenance culvert pipe project #CP-2008. The bids were as follows:

Johnston Fargo Culvert, Inc., St. Paul, MN - $53,670.70
Metal Culverts, Inc., Jefferson City, MO - $62,468.70
Midwestern Culvert, Ltd., - Ankeny, IA - $67,405.00
Northern Iowa Construction Products, Cedar Falls, IA - $50,448.70

There were no further bids.

Motion by Clausen second by Monson to receive the bids and forward them to the County Engineer for review and recommendations. Carried 5-0. Copy filed.

Motion by Batcheller second by Monson to approve and authorize the Chairman to sign Weed Commissioner Certification Form for 2008. Carried 5-0. Copy filed.

Sandra Langel, Director of the Siouxland Regional Transit System, and SIMPCO Co-Executive Directors Dwight Lang and Jane Gilbert, addressed the Board on Siouxland Regional Transit System support and SIMPCO membership dues.

The Board discussed a request by Jim France, SIMPCO, to amend the approval amount of $80,000.00 at the January 8, 2008 Board of Supervisors meeting for a state fund grant through CJJDP to reflect an amount up to $120,000.00.

Motion by Boykin second by Monson to approve an amount on the application of up to $120,000.00 for a state fund grant through CJJDP. 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.

Budget discussions for fiscal year 2009 were held for the following departments.

Motion by Boykin second by Batcheller to receive the Secondary Roads Fund budget as submitted. Carried 5-0.

Motion by Clausen second by Boykin to receive the Juvenile Detention General Supplemental budget as submitted. Carried 5-0.

Motion by Boykin second by Monson to receive the Phoenix Program General Supplemental budget as submitted. Carried 5-0.

The Board discussed further budget items.

Motion by Monson second by Batcheller to rescind the action taken on the landfill budget and receive the landfill budget as originally submitted. Carried 5-0

Motion by Batcheller second by Monson to approve the funding proposal recommended by Dennis Butler, Budget/Tax Analyst, for the 2008/2009 Fiscal Year Budget. Carried 5-0, copy filed.

The Board adjourned the regular meeting until February 19, 2008.