Minutes - 10/11/2011

OCTOBER 11, 2011 — FORTY-FIRST MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, October 11, 2011 at 10:00 a.m.  Board members present were Monson, Clausen, Tripp and Smith, and Boykin.  Staff members present were Karen James, Board Administrative Coordinator, Joshua Widman, Assistant County Attorney, and Patrick F. Gill, Auditor/Clerk to the Board.

The Claims were approved as presented.  Copy filed.

The meeting was called to order.
 
Motion by Tripp second by Clausen to approve the minutes of the 10/04/2011 Board meeting.  Carried 5-0.  Copy filed.
 
The Board approved the reclassification of Heather Satterwhite, Executive Secretary/Public Bidder, Board Administration, effective 10-21-11, $17.48/hour, 3.4%=$.57/hour. Per Wage Plan comparability with AFSCME Court House Contract @ FY 10/11 rate, from Grade 5, Step 2 to Grade 5, Step 3.  Copy filed.
 
Motion by Boykin second by Smith to approve Title VI of the Civil Rights Act and Civil Rights Restoration Action of 1987.  Carried 5-0.  Copy filed.

Patrick Gill, Woodbury County Auditor, presented the Board with the Auditor’s Quarterly Report.

Motion by Smith second by Boykin to receive the County Auditor’s Quarterly Report.  Carried 5-0; copy filed.
Motion by Boykin second by Clausen to approve and authorize the Chairman to sign a Resolution for Assessment Agreements for the City of Lawton to provide water service to Property owners in Sky View Acres, First Addition in the Unincorporated Area of Woodbury County.  Carried 5-0.  Copy filed.

WOODBURY COUNTY, IOWA
RESOLUTION NO #10,828
ASSESSMENT AGREEMENTS FOR THE CITY
OF LAWTON TO PROVIDE WATER SERVICE
TO SKY VIEW ACRES, FIRST ADDITION
IN UNINCORPORATED AREA
 
WHEREAS, the City of Lawton has entered into an agreement with 15 property owners in Sky View Acres First Addition, Woodbury County to provide access to the City public water system, replacing their private well, and,

WHEREAS, the City has, pursuant to that agreement, expended $36,448.74 to extend the public water system, secure easements from individual property owners, and install meters in each household, and,

WHEREAS, the individual property owners have agreed to an individual assessment of $2,429.92 per lot to be included with, and made part of, their property taxes, if not paid in full after Notice as provided by the Iowa Code, and,

WHEREAS, the properties to be assessed are totally extraterritorial to the City of Lawton, and are within the taxing authority of Woodbury County, which should approve the proposed assessments, and,

WHEREAS the Petitions and Agreements of the individual property owners have been received and approved by the City of Lawton, and are attached hereto and incorporated by reference.

NOW THEREFORE BE IT RESOLVED:

1.  The Agreements between the property owners and the City of Lawton are approved.

2.  The City should publish Notice of the Assessment as required by law and mail Notice to the individual property owners.

3.  Any assessment not paid within 30 days shall be forwarded to the Woodbury County Treasurer to be assessed as a property tax for a period of 10 years with interest of five percent (5%) per annum added.
 
SO RESOLVED this 11th day of  October,  2011.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.
 
Motion by Clausen second by Boykin to refer the quotations for PCC Patching to the County Engineer for review and recommendation.  Carried 5-0.  Copy filed.

Motion by Clausen second by Tripp to refer the quotations for HMA Crack Sealing to the County Engineer for review and recommendation.   Carried 5-0.  Copy filed.

Motion by Smith second Tripp by to approve the Tile Crossing Permit for Mark Boyle of Danbury, IA per recommendation of Mark Nahra, County Engineer.   Carried 5-0.  Copy filed.

Motion by Boykin second by Smith to approve and authorize the Chairman to sign a Permit to Work in the County Right of Way by Waveland Farms, per recommendation of County Engineer Mark Nahra.  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 Camp High Hopes Project.  The Chairman called on anyone wishing to be heard.

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

Motion by Clausen second by Boykin to approve and authorize the Chairman to sign a Resolution authorizing the issuance and sale of revenue bonds or notes for the Camp High Hopes Project, in an aggregate principal amount not to exceed $2,500,000.00.  Carried 5-0.

RESOLUTION #10,829
RESOLUTION RELATING TO THE HOLDING OF A PUBLIC HEARING AND APPROVING PROCEEDINGS
FOR THE ISSUANCE AND SALE OF REVENUE BONDS OR NOTES
(CAMP HIGH HOPES PROJECT) IN AN AGGREGATE
PRINCIPAL AMOUNT NOT TO EXCEED $2,500,000.00
      
WHEREAS, Woodbury County, Iowa (the “Issuer”) is authorized under the provisions of Chapter 419 of the Code of Iowa, 2011, as amended (the “Act”), among other things, to issue revenue bonds and loan the proceeds thereof pursuant to a loan agreement to one or more contracting parties (as defined in the Act) to be used to pay the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, 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”); and

WHEREAS, Camp High Hopes (the “Borrower”) has requested the Issuer to issue its Facility Revenue Bonds (Camp High Hopes Project) in one or more series (the “Bond”) in an aggregate principal amount not to exceed $2,500,000, pursuant to the Act for the purpose of financing the acquisition of land, construction, furnishing and equipping of a handicapped accessible year round recreational facility, a 21,556 square foot lodge, and a 7,070 square foot cabin and ancillary improvements for children and adults with disabilities to enjoy adaptive recreation in a safe environment (the “Project”) and paying the cost of issuance and certain other costs associated with the issuance of the Bond pursuant to the Act; and

WHEREAS, it is proposed to finance the foregoing through the issuance of the Bond and to loan the proceeds from the sale of the Bond to the Borrower under a Financing Agreement (the “Loan Agreement”) by and among the Issuer, the purchaser of the Bond, and the Borrower, the obligations of which will be sufficient to pay the principal of, premium, if any, and interest on the Bond as and when the same shall be due and payable; and
      
WHEREAS, the Bond, when 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 and interest and premium, if any, on the Bond shall be payable solely out of the revenues derived from the aforementioned Loan Agreement or otherwise as provided therein; and
      
WHEREAS, notice of intention to issue the Bond has, as directed by the Board of Supervisors 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 Bond at the time and place as specified in said notice and all objections or other comments relating to the issuance of the Bond 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 it is necessary and advisable that the Issuer proceed with the issuance of the Bond, as authorized and permitted by the Act, and loan the proceeds of the sale of the Bond 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 of Supervisors, pursuant to published notice, all persons who appeared were given an opportunity to express their views for or against the proposal to issue the Bond.

Section 3.  The Board of Supervisors shall proceed with the necessary proceedings relating to the issuance of the Bond.
 
Section 4.  The Bond, 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 Bond, including, but not limited to, accounting, legal, special counsel, and Bond Counsel fees, printing fees and filing fees, shall be paid from Bond proceeds 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 October 11, 2011.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.
 
Presentation of the Siouxland Initiative by Chris McGown, Siouxland Chamber for Commerce.

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

Laurence Reynolds of 2659 Benton Ave. addressed the Board with concerns about drainage affecting his property.
 
The Board adjourned the regular meeting until October 18, 2011.