Minutes - 3/5/2013

MARCH 05, 2013 — TENTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, March 05, 2013 at 10:00 a.m.  Board members present were Clausen, Tripp, Monson, Smith and Boykin.  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 Monson second by Tripp to approve the minutes of the 2/26/2013 Board meeting.  Carried 4-0; Boykin abstained.  Copy filed.

Motion by Smith second by Boykin to approve the appointment of Dirk Jon Winkel, Sheriff’s Reserve Volunteer, County Sheriff Dept., effective 01/02/2013, $1.00/year.  Per Iowa Code 80D.11, the appointment of Jered Jepsen, Weed Commissioner, Roadside Management Dept., effective 03/06/13, $20.25/hour.  Appointment., the separation of Bradley Carlson, Lieutenant, County Sheriff Dept., effective 3/29/13.  Retirement., and the separation of Kevin Gosch, Jail Sergeant, County Sheriff Dept., effective 03/31/2013.  Retirement.   Carried 5-0.  Copy filed.
      
Motion by Monson second by Tripp to approve and authorize the Chairperson to sign an “Authorization to Initiate Hiring Process” for 5 Temporary Summer Laborers, Secondary Roads Dept., Wage Plan:  $8.00-$10.00/hour based on experience., 2 Temporary Engineering Aides, Secondary Roads Dept., Wage Plan:  $7.50-$12.50/hour based on experience., Civilian Jailer, County Sheriff Dept.,  CWA Civilian Officer:  $16.56/hour., and 6 Sheriff Deputy (3-Existing openings, 2-New Openings/see Deauthorizations; 1-Retirement-Kofka), CWA Deputy Sheriff:  $20.71/hour.  Carried 5-0.  Copy filed.

Motion by Smith second by Boykin to approve the De-Authorization of Jail Sergeant (Deauthorize to Authorize a Civilian Jailer), County Sheriff Dept., Civilian Process Server (Deauthorized to Authorize a Sheriff Deputy), County Sheriff Dept., and Lieutenant (Deauthorize to Authorize a Sheriff Deputy), County Sheriff Dept.  Carried 5-0. Copy filed.

Motion by Boykin second by Tripp to approve requests from Bradley Carlson to remain on County Health and Dental Insurance Plans.  Carried 5-0.

Motion by Monson second by Boykin to approve and authorize the Chairperson to sign a Resolution approving tax abatement for City of Moville, Parcel #894432108011.  Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION # 11,015
RESOLUTION APPROVING ABATEMENT OF TAXES
 
WHEREAS, the City of Moville,  Iowa are the titleholders of real estate Parcel #894432108011 located in Woodbury County, Iowa and legally described as follows: 

Parcel # 894432108011
Lot One (1) Block Two (2) Jones First Addition, City of Moville, Woodbury County, Iowa
           
WHEREAS, the abovestated property has an unpaid balance of taxes owing, and the parcel is owned by a political subdivision of the state; and

WHEREAS, the political subdivision, namely the City of Moville, Iowa, 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

NOW, THEREFORE, BE IT RESOLVED, that the Woodbury County Board of Supervisors hereby abates the taxes owing on the above parcels according to Code of Iowa, 445.63, and hereby directs the Woodbury County Treasurer to abate these aforementioned taxes from the tax records.

SO RESOLVED this 5th day of March, 2013.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.
 
Motion by Tripp second by Monson to approve and receive for signatures, a Resolution thanking and commending Bradley Carlson for his years of service to Woodbury County.  Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION NO #11,016
A RESOLUTION THANKING AND COMMENDING
BRADLEY CARLSON
FOR HIS SERVICE TO WOODBURY COUNTY

WHEREAS, Bradley Carlson has capably served Woodbury County as an employee of the Woodbury County Sheriff’s Office  for 36 years from September 1, 1977 to March 29, 2013; and

WHEREAS, the service given by Bradley Carlson as a Woodbury County employee, has been characterized by his dedication to the best interests of the citizens of Woodbury County; and

NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF WOODBURY COUNTY, IOWA that the undersigned members of this Board thanks and commends Bradley Carlson  for his years of service to Woodbury County; and

BE IT FURTHER RESOLVED that it is the wish of all those signing below that the future hold only the best for this very deserving person, Bradley Carlson.

BE IT SO RESOLVED this 5th day of March, 2013.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Tripp second by Monson to approve and receive for signatures, a Resolution thanking and commending Kevin Gosch for his years of service to Woodbury County.  Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION NO #11,017
A RESOLUTION THANKING AND COMMENDING
KEVIN GOSCH
FOR HIS SERVICE TO WOODBURY COUNTY

WHEREAS, Kevin Gosch has capably served Woodbury County as an employee of the Woodbury County Sheriff’s Department  for 18 years from September 20, 1995 to March 31, 2013; and

WHEREAS, the service given by Kevin Gosch as a Woodbury County employee, has been characterized by his dedication to the best interests of the citizens of Woodbury County; and

NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF WOODBURY COUNTY, IOWA that the undersigned members of this Board thanks and commends Kevin Gosch for his years of service to Woodbury County; and

BE IT FURTHER RESOLVED that it is the wish of all those signing below that the future hold only the best for this very deserving person, Kevin Gosch.

BE IT SO RESOLVED this 5th day of March, 2013.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Boykin second by Monson to authorize the chairperson to sign Federal Aid Participation Agreement for the Bronson Bridge Replacement on County Highway D38.  Carried 5-0.  Copy filed.

Motion by Boykin second by Monson to award bid for Project Number STP-S-CO97(117)—5E-97, D54 PCC Overlay Project near Danbury to Cedar Valley Corp. LLC of Waterloo, Iowa for $1,265,446.67.  Carried 5-0.  Copy filed.

Motion by Tripp second by Monson to award bid for Project Number FM-CO97(118)—55-97, D51 PCC Pavement Inlay Project near Luton to Cedar Valley Corp. LLC of Waterloo, Iowa for $1,776,668.87.  Carried 5-0.  Copy filed.

A public hearing was held at 10:15 a.m. for the sale of property parcel #224940 (2408 W5th St., Sioux City). 

The Chairman called on anyone wishing to be heard.
      
Motion by Tripp second by Smith to close the hearing.   Carried 5-0.
      
There was no sale.

A public hearing was held at 10:17 a.m. regarding Authorization of a Loan Agreement and the Issuance of Notes to Evidence the Obligation of the County There under. 

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 Boykin to approve and authorize the Chairman to sign a Resolution Instituting Proceedings to Take Additional Action for the Authorization of a Loan Agreement and the Issuance of Not to Exceed $1,200,000 General Obligation Capital Loan Notes, Series 2013.  Carried 5-0.

RESOLUTION #11,019
Resolution Instituting Proceedings to Take Additional Action
For the Authorization of a Loan Agreement and the Issuance of
not to Exceed $1,200,000 General Obligation Capital Loan Notes

WHEREAS, pursuant to notice published as required by law, this Board has held a public meeting and hearing upon the proposal to institute proceedings for the authorization of a Loan Agreement and the issuance of not to exceed $1,200,000 General Obligation Capital Loan Notes, Series 2013, for the purpose of paying costs of acquisition and installation of improvements and equipment for the lockup/jail facilities at the Law Enforcement Center, and has considered the extent of objections received from residents or property owners as to the proposal and, accordingly the following action is now considered to be in the best interests of the County and residents thereof:

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF WOODBURY COUNTY, STATE OF IOWA:

Section 1. That this Board does hereby institute proceedings and take additional action for the authorization of a Loan Agreement and issuance in the manner required by law of not to exceed $1,200,000 General Obligation Capital Loan Notes, Series 2013, to evidence the obligation thereof for the foregoing purpose.

Section 2. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is reasonably expected that moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above loan agreement. The amounts so advanced shall be reimbursed from the proceeds of the Loan Agreement not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the loan amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted.

PASSED AND APPROVED this 5th day of March, 2013.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

A public hearing was held at 10:19 a.m. regarding Authorization of a Loan Agreement and the Issuance of Notes to Evidence the Obligation of the County There under. 

The Chairman called on anyone wishing to be heard.

Motion by Smith second by Tripp to close the hearing.  Carried 5-0.

Motion by Monson second by Tripp to approve and authorize the Chairman to sign a Resolution Instituting Proceedings to Take Additional Action for the Authorization of a Loan Agreement and the Issuance of Not to Exceed $200,000 General Obligation Capital Loan Notes, Series 2013.  Carried 5-0.

RESOLUTION #11,020
Resolution Instituting Proceedings to Take Additional Action
For the Authorization of a Loan Agreement and the Issuance of
not to Exceed $200,000 General Obligation Capital Loan Notes

WHEREAS, pursuant to notice published as required by law, this Board has held a public meeting and hearing upon the proposal to institute proceedings for the authorization of a Loan Agreement and the issuance of not to exceed $200,000 General Obligation Capital Loan Notes, Series 2013, for the purpose of paying costs of acquisition and installation of computer system upgrades and energy conservation improvements at the Courthouse, Trosper Hoyt and Law Enforcement Center, and has considered the extent of objections received from residents or property owners as to the proposal and, accordingly the following action is now considered to be in the best interests of the County and residents thereof:

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF WOODBURY COUNTY, STATE OF IOWA:

Section 1. That this Board does hereby institute proceedings and take additional action for the authorization of a Loan Agreement and issuance in the manner required by law of not to exceed $200,000 General Obligation Capital Loan Notes, Series 2013, to evidence the obligation thereof for the foregoing purpose.

Section 2. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is reasonably expected that moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above loan agreement. The amounts so advanced shall be reimbursed from the proceeds of the Loan Agreement not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the loan amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted.

PASSED AND APPROVED this 5th day of March, 2013.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Boykin second by Tripp to approve and receive for signatures, Resolution approving Conditional Loan Commitment in support of the Hornick Convenience Store project.  Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION # 11,021
CONDITIONAL LOAN COMMITMENT
SUPPORT HORNIKC CONVINIENCE STORE PROJECT
 
WHEREAS, in order to facilitate economic development in rural Woodbury County, and in order to offer local solutions to the national economic recession, it is determined that businesses located in rural Woodbury County should have access to low-cost capital;
WHEREAS, Woodbury County has adopted, by separate Resolution, the Investing in Woodbury County Loan Program (hereinafter referred to as “Program”) providing negotiated loans at a 2% interest rate on condition that certain prerequisites are met by an applicant; and
WHEREAS, Gary and Robin Holtz (hereinafter referred to collectively as HOLTZ), have developed a plan to renovate, and arranged for the viable operation of a convenience store and gas station establishment to be located in the City of Hornick, Iowa, entitled “G’s Quick Stop” (hereinafter referred to as “Project”); and
WHEREAS, HOLTZ has requested that Woodbury County extend it a secured loan in the amount of $39,000.00 under the Program, together with a loan request to the City of Hornick in the amount of $5, 000, in order to finance the Project; and
WHEREAS, the Board of Supervisors recognizes the need for a convenience store in Hornick, and desires to support the Project by making a loan based upon the terms and conditions established by this Resolution, as follows:
IT IS HEREBY RESOLVED by the Board of Supervisors of Woodbury County, Iowa, as follows:
1. Woodbury County will make a loan to HOLTZ in the amount of $39,000.00, on the following terms and conditions:

a. Loan proceeds of $39,000 will be made available at a formal closing upon the following conditions:
i. The City of Hornick will disburse its loan proceeds of $5,000 to HOLTZ simultaneously with Woodbury County at said closing;
ii. The property, located at 150 Main Street, Hornick, Iowa, and any other real property and equipment needed to secure both loans (Woodbury County & City of Hornick) must be free and clear of all liens or encumbrances at the time of the loan. 
iii. HOLTZ must have secured, and in effect, adequate insurance to cover the full value of the building and equipment in case of damage or destruction.

b. The loan will be secured by a first security position on the real property in the amount of $39,000.00, and a first lien position on all fixtures and equipment, located at located at 150 Main Street, Hornick, Iowa owned by HOLTZ or other third party.  Woodbury County will also be secured with an assignment of leases and rents in the event that at some point in the future a successful operator is paying rent to HOLTZ, but HOLTZ for whatever reason is not passing that money along to the county to pay its loan.

c. Prior to the loan proceeds being distributed, all costs associated with loan preparation will be paid to Woodbury County.  These costs are associated with work done by the Siouxland Economic Development Corporation (SEDC) in preparing loan and security documents, filing fees, and costs associated with establishing an escrow for the loan closing.

d. Terms of the Loan:  The loan will be for $39,000.00 at a 2% annual interest rate for a period of eight (8) years.  The first payment will be made 60 days after the date of distribution of proceeds, and then every month thereafter on the first day of each month until all principle and interest is paid.  Interest will accrue from the date of distribution of loan proceeds.

e. If HOLTZ should sell the real property located at located at 150 Main Street, Hornick, Iowa, the principal balance, and any accrued interest, shall be due and payable.

f. HOLTZ must provide security for the loan issued by the City of Hornick; the City of Hornick’s loan will be in second security position to the loan provided by Woodbury County.  Therefore, the total security for both loans will be real property and equipment that must be valued at no less than $44,000.00.  A default on either the loan issued by Woodbury County, or the loan issued by the City of Hornick, will be considered a breach of the both loans.  Woodbury County will work with the City of Hornick to take appropriate actions to foreclose and recover all sums remaining on said loans.

g. Additional Terms & Conditions: SEDC will provide the standard loan and security documents that will contain its own terms and conditions pertaining to the loan and security; those terms and conditions shall apply to the loan to HOLTZ.  The Woodbury County Rural Economic Development Department may make appropriate terms and conditions to complete the stated loan.

SO RESOLVED this 5th day of March 2013.
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 March 12, 2013.