Minutes - 12/13/2011

DECEMBER 13, 2011 — FIFTIETH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, December 13, 2011 at 10:00 a.m.  Board members present were Monson, Clausen and Boykin; Smith and Tripp were absent.  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 Boykin second by Clausen to approve the minutes of the 12/06/2011 Board meeting.  Carried 3-0.  Copy filed.

The Board approved the appointment of Joshua Hedum, Civilian Jailer, County Sheriff Dept., effective 12-14-11, $16.24/hour.  Job vacancy posted:  9-28-11.  Entry salary $16.24/hour.  Copy filed.

The Board approved the appointment of Sharon Hefty, Recorder Clerk II, Auditor/Recorder Dept., effective 12-14-11, $13.86/hour.  Job vacancy posted:  10-19-11.  Entry salary $13.86/hour.  Copy filed.

The Board approved the appointment of William Adkins, Temporary Equipment Operator, Secondary Roads Dept., effective 12-14-11, $19.27/hour.  Not to exceed 120 days.  Copy filed.

The Board approved the appointment of Marvin Flewelling, Temporary Equipment Operator, Secondary Roads Dept., effective 12-14-11, $19.27/hour.  Not to exceed 120 days.  Copy filed.

The Board approved the appointment of Curtis Larson, Temporary Equipment Operator, Secondary Roads Dept., effective 12-14-11, $19.27/hour.  Not to exceed 120 days.  Copy filed.
 
The Board approved the appointment of Raymond Richtermeier, Temporary Equipment Operator, Secondary Roads Dept., effective 12-14-11, $19.27/hour.  Not to exceed 120 days.  Copy filed.

The Board approved the appointment of Scott Shumansky, Temporary Equipment Operator, Secondary Roads Dept., effective 12-14-11, $19.27/hour.  Not to exceed 120 days.  Copy filed.

The Board approved the appointment of Michelle Risdal, Civilian Jailer, County Sheriff Dept., effective 12-19-11, $16.24/hour.  Job vacancy posted:  8-24-11.  Entry salary $16.24/hour.  Copy filed.

Motion by Clausen second by Boykin to reduce the county’s long term disability qualifying period from 90 days to 60 days and to run the FMLA period of activation concurrently with any qualifying event and the use of sick leave, vacation leave, compensatory time, and any additional accruals prior to any no pay due status.  Carried 3-0. 

Motion by Clausen second by Boykin to approve a health insurance premium holiday for the month of January.  Carried 3-0. 
 
Motion by Boykin second by Clausen to approve and authorize the Chairman to sign a Resolution authorizing the issuance and sale of facility revenue bonds (Camp High Hopes Project) Series 2011 of Woodbury County, IA, in an aggregate principal amount not to exceed $2,500,000.00.  Carried 3-0.

RESOLUTION #10,847
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

Be It Resolved by the Board of Supervisors of Woodbury County, Iowa (the “Issuer”) as follows:
Section 1.  (A)  Woodbury County, Iowa (the “Issuer”), is a County authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 2011, 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”), each of which purposes is a “project” within the meaning of the Act and each of which projects may be located within the Issuer.

(B) The Issuer has been requested by Camp High Hopes (the “Borrower”), a Tax Exempt Organization, to issue its Facility Revenue Bonds (Camp High Hopes Project), Series 2011 in an aggregate principal amount not to exceed $2,500,000 (the “Bonds”) pursuant to the Act for the purpose of (i) financing the acquisition of land, construction, furnishing and equipping of a handicapped accessible year round recreational facility, an approximately 12,000 square foot lodge, an approximate 3,600 square foot cabin and ancillary improvement for children and adults with disabilities to enjoy adaptive recreation in a safe environment all on the campus of the Borrower located at 5804 Correctionville Road, Woodbury County, Iowa (the “Project”) and (ii) paying for costs of issuance and certain other costs associated with the issuance of the Bonds.

(C) A Resolution proposing to finance the Project through the issuance of revenue bonds or notes of the Issuer in an aggregate principal amount not to exceed $2,500,000 and to loan said amount to the Borrower was adopted on April 19, 2011.

(D) As required by the Act and Section 147(f) of the Code, the Issuer has previously provided notice of the Issuer’s intention to issue the revenue bonds or notes and has held a public hearing on the issuance of such revenue bonds or notes.

(E) The issuance and sale of the Bonds by the Issuer in the amount not to exceed $2,500,000, as a single bond or as multiple bonds, is permitted by the Act, and the Issuer hereby determines to issue the Bonds and to sell the Bonds to the Lender (as identified in the Loan Agreement).  The Issuer will loan the proceeds of the Bonds (the “Loan”) to the Borrower in order to finance the Project and to pay costs of issuance.

(F) Pursuant to a Loan Agreement (the “Loan Agreement”) to be entered into between the Issuer and the Borrower, 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 Bonds.  In addition, the Loan Agreement contains provisions relating to 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.  The Loan Agreement has been submitted to the Board of Supervisors for its review.

(G) 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 Issuer’s 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), except the Issuer’s right to indemnification and attorneys’ fees and expenses thereunder.  The Pledge Agreement has been submitted to the Board of Supervisors for its review.

(H) The Bonds will be special limited obligations of the Issuer payable solely from payments derived pursuant to the Loan Agreement.  The Bonds 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 Bonds shall ever have the right to compel any exercise of the taxing power of the Issuer to pay the Bonds or the interest thereon, nor to enforce payment thereof against any property of the Issuer.  The Bonds shall never constitute a debt of the Issuer within the meaning of any constitutional or statutory limitation and shall never constitute or give rise to a pecuniary liability of the Issuer.  A draft of the Bonds has been submitted to the Board of Supervisors for its review.

Section 2. In order to provide funds to finance the Project, the Issuer hereby authorizes the issuance of the Bonds in the principal amount not to exceed $2,500,000 and at interest rates which will produce a net interest cost of not to exceed 4.0% per annum.  The Bonds shall be in the form submitted to the Board of Supervisors and shall mature in the years and amounts, be subject to redemption, and provide interest at the rates as determined by the Borrower and the Lender prior to their issuance and delivery.

Section 3. The Loan Agreement, the Pledge Agreement and the Bonds 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 of Supervisors.  The Chairperson of the Board of Supervisors 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 Bond Counsel and the Issuer’s counsel 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 of the Board of Supervisors 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 the Issuer’s 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 Bonds as “qualified tax exempt obligations” 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 Bonds as “qualified tax-exempt obligations” 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 2011 will not exceed $10,000,000; and

(C) Not more than $10,000,000 of obligations issued by the Issuer during this calendar year 2011 (including the Bonds) have been designated for purposes of Section 265(b)(3) of the Code.

Section 6. The Chairperson of the Board of Supervisors, 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 Bonds, and such other affidavits and certificates as may be required to show the facts relating to the legality and marketability of the Bonds as such facts appear from the books and records in the officer’s 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.

Section 7. The provisions of this Resolution are hereby declared to be severable and if any section, phrase or provisions shall for any reason be declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases and provisions.

Section 8. All resolutions or parts thereof in conflict herewith are hereby repealed, to the extent of such conflict.

Section 9. This Resolution shall become effective immediately upon its passage and approval.

Passed and approved December 13, 2011.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.
Motion by Clausen second by Boykin to authorize the Chairman to sign a Bond Agreement for the Camp High Hopes Project.  Carried 3-0. Copy filed.

Motion by Boykin Second by Clausen to authorize the Chairman to sign a Pledge Agreement for the Camp High Hopes Project.  Carried 3-0.  Copy filed.

Motion by Clausen second by Boykin to approve and authorize the Chairman to sign a Resolution approving abatement of taxes for April Nicole or Moune Keokenchanh, for parcel #8847303269651.  Carried 3-0.

WOODBURY COUNTY, IOWA
RESOLUTION # 10,848
RESOLUTION APPROVING ABATEMENT OF TAXES

WHEREAS, April Nicole or Moune Keokenchanh  is the titleholder of a building on leased land Parcel #884730326965, located in Woodbury County, Iowa and legally described as follows: 

Parcel #8847303269651

LOT 37 WOODFORD CT    
    
WHEREAS, the abovestated property has taxes payable Including special assessments and the parcel is owned by April Nicole or Moune Keokenchanh, and

WHEREAS, these taxes are uncollectable or impractical to pursue collection through personal judgment or tax sale

WHEREAS, the Board of Supervisors sees that good cause exists for the abatement of these taxes and

NOW, THEREFORE, BE IT RESOLVED, that the Woodbury County Board of Supervisors hereby abates the taxes owing on the above parcel according to Code of Iowa, 445.16 for the taxes owed and hereby directs the Woodbury County Treasurer to abate these aforementioned taxes from the tax records.

SO RESOLVED this 13th day of December , 2011.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Boykin second by Clausen to approve the HAVA Election Equipment Annual Certification.  Carried 3-0.
 
Motion by Boykin second by Clausen to approve the plans for Hackley Drainage District improvements, per recommendation of Mark Nahra, County Engineer.  Carried 3-0.

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

Dan Lee, 1405 260th St., Salix, discussed the I-29 bypass with the Board.

Bid letting was held at 10:30 a.m. for Lease of County Farm.  The bids were as follows:

Paul Boyle                                   $84,000.00
Daniel Rohde                             $65,520.00
Brandon Nelson                        $58,501.00
Western Slopes Farms            $88,778.40
Bob Puetz                                    $74,360.00
Gordon Bubke                            $79,608.80
Kohn Farms                                $98,990.00
David & Jerome Kass               $113,994.80
BHB Farms                                 $78,360.00

Motion by Clausen second by Boykin to refer the bids to the County Attorney’s Office for review and recommendation.  Carried 3-0.

The Board adjourned the regular meeting until December 20, 2011.