Minutes - 12/11/2012

DECEMBER 11, 2012 — FORTYSEVENTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, December 11, 2012 at 9:45 a.m.  Board members present were Clausen, Boykin, Tripp, Monson and Smith.  Staff members present were Karen James, Board Administrative Coordinator, Dennis Butler, Finance/Operations Controller, 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 Tripp to approve the minutes of the 12/04/2012 Board meeting.  Carried 5-0.  Copy filed.

Motion by Monson second by Boykin to approve the appointment of Benjamin Koithan, Civilian Jailer, County Sheriff Dept., effective 12-12-12, $16.40/hour. Job Vacancy Posted: 10-17-12.  Entry Level Salary:  $16.40/hour; the end of probation of Brandy Menard, Case Manager, Social Services Dept., effective 12-27-12, $18.92/hour, 4%=$.80/hour.  Per Wage Plan Matrix, End of Probation Salary Increase; the separation of David Drew, Sheriff Deputy, County Sheriff Dept., effective 01-01-13.  Separation to assume Elected Office; the Appointment of David Drew, Sheriff, County Sheriff Dept., effective 01-02-13, $93,348/year.  From Sheriff Deputy to Elected Official; and the separation of Glenn Parrett, Sheriff, County Sheriff Dept., effective 01-02-13.  Retirement.   Carried 5-0. Copy filed.

Motion by Monson second by Tripp to take action on the disposal of three desks and three tables to nonprofit groups.  Carried 5-0.

Discussion on Secondary Roads Infrastructure with Mark Nahra, County Engineer.

A public hearing was held at 10:30 a.m. for the Intention to Issue Revenue Bonds in the Amount of Not to Exceed $6,000,000 for the Benefit of Jackson Recovery Centers, Inc.
      
The Chairman called on anyone wishing to be heard.
      
Motion by Boykin second by Tripp to close the hearing.   Carried 5-0.

Motion by Monson second by Tripp to approve and authorize the Chairperson to sign a Resolution authorizing the issuance and sale of facility revenue bonds (Jackson Recovery Centers, Inc. Project) in an aggregate principal amount not to exceed $6,000,000.00.  Carried 5-0.

RESOLUTION #10,992
RESOLUTION RELATING TO THE HOLDING OF A PUBLIC HEARING AND APPROVING PROCEEDINGS
FOR THE ISSUANCE AND SALE OF REVENUE BONDS OR NOTES
(JACKSON RECOVERY CENTERS INC) IN AN AGGREGATE
PRINCIPAL AMOUNT NOT TO EXCEED $6,000,000.00

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, 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 December 11, 2012.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Presentation on Children’s Museum of Siouxland by Kari Kellen.

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 December 18, 2012.