Minutes - 2/19/2008

FEBRUARY 19, 2008EIGHTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, February 19, 2008 at 9:00 a.m. Board members present were Batcheller, Boykin, Clausen, Monson, and Walish. Staff members present were Denise Fletcher, Public Bidder/Executive Secretary, Loan Hensley, Assistant County Attorney, and Victoria Ritz, Deputy 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 February 12, 2008 meeting as submitted. Carried 5-0. Copy filed.

The Board approved the reclassification of Donald F. Armstrong Sr., Master Deputy, County Sheriff Dept., $25.04/hour, effective 02/22/2008. Per DSA contract agreement from Senior Deputy to Master Deputy. Copy filed.

The Board approved the reclassification of Margaret J. Napier, Clerk II, Planning and Zoning Dept., $13.74/hour, effective 03/01/2008. Per AFSCME Courthouse contract agreement from Grade 3, Step 3 to Grade 3, Step 4. Copy filed.

The Board approved the reclassification of Lee R. M. Blanchard, Correctional Officer, County Sheriff Dept., $17.83/hour, effective 03/02/2008. Per DSA contract agreement from Class 1 to Senior Class. Copy filed.

The Board approved the reclassification of Jerardo Z. Cruz, Correctional Officer, County Sheriff Dept., $15.46/hour, effective 03/09/2008. Per DSA contract agreement from Class 3 to Class 2. Copy filed.

Motion by Boykin second by Clausen to approve and authorize the Chairman to sign a Resolution to set the public hearing and sale date for real estate property parcel #090090 (aka 1111 21st Street). Carried 5-0.

RESOLUTION #10,343
NOTICE OF PROPERTY SALE
Parcel #090090

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

The E. 40 Ft. of the W. 80 Ft. of the S. 165 Ft. of Said Lot 2, Subject to an Easement for Driveway Purposes over and upon the W. 5 Ft. and 2 In. of the E. 40 Ft. of the W. 80 Ft. of the S. 165 Ft. of Said Lot 2, and Together with an Easement upon the E. 2 Ft. and 10 In. of the W. 40 Ft. of the S. 165 Ft. of Said Lot 2, All in Carys Subdivision of Out Lots to Sioux City, Woodbury County, IA
(1111 21st 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 4th Day of March, 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 at a public auction to be held on the 4th Day of March, 2008, immediately following the closing of the public hearing.

3. That said Board proposes to sell the said real estate to the highest bidder at or above a total minimum bid of $ 150.00 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 19th Day of February, 2008.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Batcheller second by Monson to approve and authorize the Chairman to sign a Resolution to set the public hearing and sale date for real estate property parcel #330570 (aka 2711 S. Nicollet Street, Sioux City). Carried 5-0.

RESOLUTION #10,344
NOTICE OF PROPERTY SALE
Parcel #330570

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

Lot 21, Block 4, Lorraine Place Addition, City of Sioux City, Woodbury County, IA
(2711 S. Nicollet 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 4th Day of March, 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 at a public auction to be held on the 4th Day of March, 2008, immediately following the closing of the public hearing.

3. That said Board proposes to sell the said real estate to the highest bidder at or above a total minimum bid of $200.00 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 19th Day of February, 2008.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Monson second by Batcheller to approve and authorize the Chairman to sign a Resolution to set the public hearing and sale date for real estate property parcel #803325. Carried 5-0.

RESOLUTION #10,345
NOTICE OF PROPERTY SALE
Parcel #803325

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

Lot 6 of Wagners Country Estates Addition, Woodbury County, Iowa, except the following described parcel: Beginning at the Southeast Corner of Lot 6, thence South 89 Degrees 20 Ft. West for a Distance of 305.16 Ft.; thence North 440.1 Ft.; thence East 75.25 Ft.; Thence North 399.85 Ft.; thence East 229.9 Ft.; thence South 836.28 Ft. to the Point of Beginning

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 4th Day of March, 2008 at 10:20 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 at a public auction to be held on the 4th Day of March, 2008, immediately following the closing of the public hearing.

3. That said Board proposes to sell the said real estate to the highest bidder at or above a total minimum bid of $250.00 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 19th Day of February, 2008.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Clausen second by Boykin to approve and authorize the Chairman to sign a Resolution to set the public hearing and sale date for real estate property parcel #089205 (aka 3271 21st Street, Sioux City). Carried 5-0.

RESOLUTION #10,346
NOTICE OF PROPERTY SALE
Parcel #089205

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

Lot 37 of Calls Plateau Addition, City of Sioux City, Woodbury County, IA
(3271 21st 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 11th Day of March, 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 at a public auction to be held on the 11th Day of March, 2008, immediately following the closing of the public hearing.

3. That said Board proposes to sell the said real estate to the highest bidder at or above a total minimum bid of $ 250.00 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 19th Day of February, 2008.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

The Board discussed the Iowa Interactive Agreement with Diane Swoboda Peterson, Deputy Recorder.

Motion by Batcheller second by Monson to approve and authorize the Chairman to sign an agreement between Woodbury County and Iowa Interactive, LLC, which will allow Woodbury County Auditors information to be sold through the County Real Estate Web portal. Carried 5-0. Copy filed.

The Board discussed the ASPIRE Agreement with Diane Swoboda Peterson.

Motion by Monson second by Boykin to approve and authorize the Chairman to sign a 28E agreement between the Automated Statewide Portal for Integrated Real Estate and Election data (ASPIRE) and Woodbury County, for County collection of money received through sales on the County Real Estate Web portal. Carried 5-0. Copy filed.

The Board discussed Change Order #1 for the Courthouse freight elevator replacement with Building Services Director Mark Elgert. The Change Order eliminates two light fixtures in the elevator shaft, and adds the installation of a new lock on the elevator equipment room door, that is key-entry only.

Motion by Batcheller second by Monson to approve and authorize the Chairman to sign Change Order #1 with Holtze Construction Company for the Courthouse freight elevator replacement. Carried 5-0. Copy filed.

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

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

Motion by Batcheller second by Monson to approve and authorize the Chairman to sign a Resolution authorizing the issuance and sale of revenue bonds or notes for the Sunrise Retirement Community Project, in an aggregate principal amount not to exceed $6,500,000.00. Carried 5-0.

RESOLUTION #10,347
RESOLUTION RELATING TO THE HOLDING OF A PUBLIC HEARING AND APPROVING PROCEEDINGS FOR THE ISSUANCE AND SALE OF REVENUE BONDS OR NOTES
(SUNRISE RETIREMENT COMMUNITY PROJECT) IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $6,500,000.

WHEREAS, Woodbury County, 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 for the purpose of acquiring, constructing, improving and equipping a 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 Code (a Tax Exempt Organization), refunding any bonds issued pursuant to the Act and retiring any existing indebtedness on a facility for a Tax Exempt Organization, each of which purposes is a project within the meaning of the Act and each of which projects may be located within the Issuer, within eight miles of the corporate limits of the Issuer and, in the case of ancillary projects, more than eight miles outside the corporate limits of the Issuer but within the state of Iowa; 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, the Bonds, if issued, shall be limited obligations 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 Bonds shall be payable solely out of the revenues derived from the Loan Agreement; and

WHEREAS, notice of intention to issue the Bonds has, as directed by the Board of the Issuer, been duly given in compliance with the Act and Section 147(f) of the Internal Revenue Code; and

WHEREAS, a public hearing has been held on the proposal to issue the Bonds at the time and place as specified in said notice and all objections or other comments relating to the issuance of the Bonds have been heard; and

NOW, THEREFORE, Be It Resolved by the Board of Supervisors of Woodbury County, Iowa, as follows:
Section 1. It is hereby determined that it is necessary and advisable that the Issuer proceed with the issuance of the Bonds, as authorized and permitted by the Act, and loan the proceeds of the sale of the Bonds to the Borrower, all upon terms and conditions mutually satisfactory to the Issuer and the Borrower.

Section 2. At the public hearing conducted by the Board, pursuant to published notice, all persons who appeared were given an opportunity to express their views for or against the proposal to issue the Bonds.

Section 3. The Board shall proceed with the necessary proceedings relating to the issuance of the Bonds.

Section 4. The Bonds, if issued, and the interest thereon, will be payable solely out of the revenues derived from the Loan Agreement, and shall never constitute an indebtedness of the Issuer within the meaning of any state constitutional provision or statutory limitation, and shall not constitute nor give rise to a pecuniary liability of said Issuer or a charge against its general credit or taxing powers. All costs and expenses incident to the issuance and sale of the Bonds, including, but not limited to, accounting, legal, special counsel, Bond Counsel, printing and filing fees, shall be paid from proceeds of the Bonds or directly by the Borrower.

Section 5. All resolutions and orders or parts thereof, in conflict herewith are, to the extent of such conflict, hereby repealed, and this Resolution shall be in full force and effect immediately upon its adoption.

Passed and approved February 19, 2008.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

The Board discussed a 2008 capitol loan note with County Budget/Tax Analyst Dennis Butler.

Motion by Boykin second by Clausen to approve and authorize the County Treasurer to proceed with the 2008 capitol loan note. Carried 5-0.

Motion by Monson second by Boykin to approve setting the fiscal year 2009 budget hearing for March 11, 2008 at 10:30 a.m. Carried 5-0.

The Board reviewed final platting for Lost Acres Addition Subdivision with John Pylelo, County Planning and Zoning Administrator.

Motion by Boykin second by Batcheller to approve the final platting for Lost Acres Addition Subdivision, portion of GIS parcels #8644-28-100-004 and #8644-21-300-005, and forward it to the Zoning Commission for review and recommendations. Carried 5-0.

The Board reviewed preliminary platting for Bumstead Addition Subdivision with John Pylelo, County Planning and Zoning Administrator.

Motion by Monson second by Batcheller to approve the preliminary platting for Bumstead Addition Subdivision, GIS parcel #8643 17 300 007, and to forward it to the Zoning Commission for public hearing and recommendations. Carried 5-0.

Motion by Monson second by Boykin to award the bid for project #L-GR08(1)73-97 to West Central Construction, Arthur, Iowa, in the amount of $87,980.00, per recommendation of County Engineer Richard Storm. Carried 5-0. Copy filed.

Motion by Clausen second by Monson to award the bid for 2008 maintenance culvert pipe CP2008 to Northern Iowa Construction Products, Cedar Falls, Iowa, in the amount of $50,488.70, per recommendation of the County Engineer. Carried 5-0. Copy filed.

Motion by Boykin second by Batcheller to receive and approve plans for bridge replacement project #BROS-CO97(89)8J-97, per recommendation of the County Engineer. Carried 5-0.

Motion by Boykin second by Batcheller to approve and authorize the Chairman to sign an engineering services proposal from HGM Associates, Inc., per recommendation of the County Engineer. Carried 5-0. Copy filed.

Motion by Batcheller second by Boykin to approve and authorize the Chairman to sign a Utility Accommodation Permit submitted by Van Tuyl Plumbing for a past connection he had made to the city water line along 155th Street, per recommendation of the County Engineer. Carried 5-0. Copy filed.

The Board discussed with Jerry Sindt, District Conservationist for NRCS, and Jim Brown, Woodbury County Soil and Water Conservation District Chairman, a 28E agreement between Woodbury County and the Woodbury County Soil and Water Conservation District for funding and management of a watershed inspection and maintenance program in Woodbury County.

Motion by Boykin second by Monson to approve and authorize the Chairman to sign the 28E agreement between Woodbury County and the Woodbury County Soil and Water Conservation District. Carried 5-0. Copy filed.

Motion by Boykin second by Monson to authorize Dennis Butler, County Budget/Tax Analyst, to add $5,000.00 to the 2008-2009 budget, prior to publication, to cover the 28E agreement with Woodbury County Soil and Water Conservation. 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.

Motion by Clausen second by Batcheller to go into Executive session per Iowa Code 21.5 (c). Carried 5-0 on a roll-call vote.

Motion by Clausen second by Monson to go out of Executive session per Iowa Code 21.5 (c). Carried 5-0 on a roll-call vote.

Motion by Clausen second by Boykin to authorize hiring outside legal council to represent the issue discussed in Executive Session. Carried 5-0.

The Board adjourned the regular meeting until February 26, 2008.