Minutes - 11/20/2012

NOVEMBER 20, 2012 — FORTYFIFTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, November 20, 2012 at 10:00 a.m.  Board members present were Clausen, Boykin, Tripp, Monson and Smith.  Staff members present were Karen James, Board Administrative Coordinator, Dennis Butler, Wage Bud/Tax Analyst, 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 Boykin to approve the minutes of the 11/13/2012 Board meeting.  Carried 5-0.  Copy filed.

Motion by Boykin second by Tripp to approve the seperation of Jered Jepsen, Weed Commissioner, Roadside Management Dept., effective 11-30-12. End of Weed Commission position for Calendar year 2012; the reclassification of James Loomis, Asst. County Attorney, County Attorney Dept., effective 12-01-12, $77,603/year, 3.6%=$2,703/year.  Per AFSCME Asst. Co. Attorney Contract agreement:  from Step 9 to Step 10.   Carried 5-0. Copy filed.

Motion by Boykin second by Clausen to take action on County Operational Insurance.  Carried 5-0.  Copy filed.

Motion by Clausen second by Boykin to approve and authorize the Chairman to sign a Resolution setting the public hearing and sale date for Parcel #009120, 204 W 3rd St., Sioux City.  Carried 5-0.

RESOLUTION # 10,986
NOTICE OF PROPERTY SALE
Parcel #009120

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

North 8 feet, West 47.5 feet, East 102.5 feet, Lot Eleven and West 47.5 feet, East 102.5 feet, Lot Twelve, Block Thirty-two Sioux City addition, City of Sioux City, Woodbury County, Iowa
(204 W. 3rd Street)

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 December, 2012 at 10:15 o’clock 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 4th     
Day of December, 2012, immediately following the closing of the public
hearing to Gerald Perera only per Code of Iowa 331.361
(2).
    
3.  That said Board proposes to sell the said real estate to Gerald Perera only    
for consideration of $1.00 plus recording fees.
 
Dated this 20th  Day of December , 2012.
[ld1]WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Monson second by Tripp to approve and authorize the Chairperson to sign a Resolution approving tax abatement for Saint Thomas Episcopal Church, Parcel #894728112002 (1106 ½ Douglas) and Parcel #894728112003.(1108 Douglas)  Carried 4-0; Boykin abstained.

WOODBURY COUNTY, IOWA
RESOLUTION # 10,987
RESOLUTION APPROVING ABATEMENT OF TAXES

WHEREAS, Saint Thomas Episcopal Church is the titleholder of  real estate Parcels #894728112002 and #894728112003 located in Woodbury County, Iowa and legally described as follows: 

Parcel #894728112002

Except Irregular Tract in SE Corner Lot Four (4) and North Six Feet West 93 Feet Lot Five (5) Block Sixty-four (64)  Sioux City East Addition, City of Sioux City, Woodbury County, Iowa

Parcel #894728112003

Irregular Tract in SE Corner Lot Four (4) and Except North Six Feet North Half Lot Five (5) Block Sixty-four (64) Sioux City East Addition, City of Sioux City, Woodbury County, Iowa 

WHEREAS, the abovestated property has taxes owing for the 2011/2012, tax year, and the parcel is owned by Saint Thomas Episcopal Church; and

WHEREAS, the organization, namely Saint Thomas Episcopal Church is failing to immediately pay the taxes due; and 

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

NOW, THEREFORE, BE IT RESOLVED, that the Woodbury County Board of Supervisors hereby abates  the taxes and special assessments owing on the above parcel according to Code of Iowa, 445.16 for the taxes owed for the 2011/2012 tax year and hereby directs the Woodbury County Treasurer to abate these aforementioned taxes from the tax records.
 
SO RESOLVED this 20th day of  November, 2012.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Clausen second by Boykin to approve letter of Intent for a Region for the Purpose of Providing Mental Health and Disability Services.  Carried 4-1; Monson opposed.  Copy filed.

Motion by Boykin second by Monson to approve and authorize the Chairperson to sign a Resolution Authorizing the Execution of a Memorandum of Agreement with Jackson Recovery Centers, Inc. and Fixing a Date for a Hearing on the Proposed Issuance of Revenue Bonds or Notes.  Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION # 10,988
AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREEMENT
WITH JACKSON RECOVERY CENTERS, INC. AND FIXING A DATE FOR A
HEARING ON THE PROPOSED ISSUANCE OF REVUNUE 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, 2011 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 Jackson Recovery Centers, Inc. (the “Borrower”), a Tax Exempt Organization, to issue revenue bonds or notes, in an aggregate principal amount not to exceed $6,000,000 (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, constructing, furnishing and equipping a new Child and Adolescent Recovery Hospital to be located on the vacant lot on West Fourth Street immediately west of the River Hills Recovery Center which is located at 3320 West Fourth Street, Sioux City, Iowa (the “Project”); and (2) paying for certain costs of 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 _____ a.m. on the 11th day of December, 2012, in the Board of Supervisor’s 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
(JACKSON RECOVERY CENTERS, INC.  PROJECT)

The Board of Supervisors of Woodbury County, Iowa, (the “Issuer”) will meet on the 11th day of December, 2012, at 10:30 a.m., in the Board of Supervisor’s 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 $6,000,000 (the “Bonds”), in one or more series, and to loan said amount to Jackson Recovery Centers, Inc. (the “Borrower”), for the purpose of (1) paying a portion of the costs of acquiring, constructing, furnishing and equipping a new Child and Adolescent Recovery Hospital to be located on the vacant lot on West Fourth Street immediately west of the River Hills Recovery Center which is located at 3320 West Fourth Street, Sioux City, Iowa (the “Project”); and (2) paying for certain costs of issuance of the Bonds.  The Project will be owned and operated by the Borrower. 

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.    
 
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 Borrower’s 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 November 20, 2012.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Monson second by Tripp to approve Federal Aid Agreement for Projects (STP-S-CO97(117)—5E-97 PCC Overlay of County Highway D54 Near Danbury.  Carried 5-0.  Copy filed. 

Motion by Tripp second by Boykin to approve Plans for Letting for Project (STP-S-CO97(117)—5E-97, PCC Overlay of County Highway D54 Near Danbury.  Carried 5-0.  Copy filed.

Motion by Clausen second by Boykin to approve Plans for Letting for Project FM-CO97(118)—55-97, PCC Inlay of County Highway D51 Near Luton.  Carried 5-0.  Copy filed.

Motion by Boykin second by Clausen to approve Certificate of Completion for Project Number M-12(1)K-185. Bridge Replacement by Nelson and Rock Contracting.  Carried 5-0.  Copy filed.

Motion by Boykin second by Clausen to approve Certificate of Completion for Project: HMA Rout and Seal 2012, Crack Sealing by the Road Guy Construction.  Carried 5-0.  Copy filed.

Motion by Monson second by Tripp to approve the Certificate of Completion for Project:  Pavement marking 2012, pavement markings by Vogel Traffic Services.  Carried 5-0.  Copy filed.

Motion by Monson second by Boykin to accept the 2012 Weed Commissioner’s Report.  Carried 5-0.  Copy filed.

Motion by Monson second by Boykin to approve a Resolution Supporting a RISE grant application to improve access to the CF Industries site.  Carried 5-0.

RESOLUTION # 10,989
SUPPORTING A RISE GRANT APPLICATION TO
IMPROVE ACCESS TO THE CF INDUSTRIES CITE
      
WHEREAS, Port Neal Corporation wholly owned by CF Industries, Inc. (both hereinafter referred to as CF Industries, Inc.), desires to expand it existing operations in Woodbury County, State of Iowa, at 1182 260th Street, Sergeant Bluff, Iowa.  CF Industries, Inc. will make a capital investment of $1.7 billion for this expansion, and will directly hire 100 highly paid skilled employees to perform specialized work associated with its fertilizer plant;
WHEREAS, Woodbury County has determined it necessary to improve its current highway system serving the area and extend a new public road to the property owned by CF Industries at which the new fertilizer plant will be constructed; and
WHEREAS, the planned fertilizer plant expansion and permanent job creation commitments are contingent upon transportation improvements being made to support the plant expansion and the new traffic generated by the business expansion; and
WHEREAS, the Iowa Department of Transportation administers the RISE program, which is designed to fund transportation improvements related to job creation; and
WHEREAS, RISE funding is essential in order for the county to make necessary transportation improvements in the area; and
WHEREAS, without an immediate commitment of RISE funds, these necessary transportation improvements cannot be completed in a timely manner, thus jeopardizing CF Industries commitment to creating jobs and opportunities for future industrial growth in Port Neal Area of Woodbury County; and
WHEREAS, Woodbury County is a duly recognized political subdivision of the State of Iowa acting under the laws of the State of Iowa; and
WHEREAS, the Board of Supervisors is the duly elected governing body of Woodbury County, Iowa; and
IT IS HEREBY RESOLVED by the Board of Supervisors of Woodbury County, Iowa as follows:
1. The Woodbury County Board of Supervisors is in full support of the opportunity to promote permanent job creation in Woodbury County and the related RISE program application.
2. The new road serving the expanded plant site will be dedicated to serve the public use.  
3. Improvements to existing highways will serve not only the new plant, but assist in accommodating traffic to other area industries, present and future.
4. Woodbury County will assure that the RISE funded improvements will be adequately maintained according to the RISE program administrative rules.
5. Woodbury County will guarantee at least 20% of the funds for the Project from funds other than the RISE program.
6.  County staff is authorized to prepare and file a RISE program application and any materials deemed necessary.

SO RESOLVED this 20th day of November 2012.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.
The Chairperson asked if there were any individuals or groups wishing to make a presentation of items not on the agenda, or Supervisors concerns. 
      
The Board adjourned the regular meeting until November 27, 2012.