Minutes - 11/5/2013

NOVEMBER 5, 2013 — FORTYFOURTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, November 5, 2013 at 10:00 a.m.  Board members present were Boykin, Clausen, Smith, Tripp, and Monson.  Staff members present were Karen James, Board Administrator, Dennis Butler, Finance/Operations Controller, Joshua Widman, Assistant County Attorney, and Patrick F. Gill, Auditor/Clerk to the Board.

The meeting was called to order.

Motion by Tripp second by Monson to approve the minutes of the 10/29/2013 Board meeting.  Carried 5-0.  Copy filed.

Motion by Boykin second by Monson to approve the county’s claims totaling $946,990.75.  Carried 5-0.  Copy filed.

There was a presentation of a Plaque to Dr. Guy Posey for his years of service.

Motion by Tripp second by Monson to approve and authorize the Chairperson to sign an Underground Utility Permit for Neil Kenny, recommendation of County Engineer Mark Nahra.  Carried 5-0.  Copy filed.

Motion by Monson second by Tripp to approve and authorize the Chairperson to sign an Underground Utility Permit for Long Lines, recommendation of County Engineer Mark Nahra.  Carried 5-0.  Copy filed.

Motion by Smith second by Tripp to approve and to receive for signatures the plans for CF Industries County Road grading.  Carried 5-0.  Copy filed.

A public hearing was held at 10:15 a.m. for Bank Protection Project on Little Sioux River near Smithland.   Motion by Tripp second by Monson to close the public hearing.  Carried 5-0.

The bids were as follows:

Peterson Contractors, Reinbeck, IA  $190,000.00

Legacy Corp, East Moline, IA  $246,000.00

Clark Construction, Whiting, IA  $128,000.00

Graves Construction, Spencer, IA  $171,000.00

Nelson & Rock Contracting, Onawa, IA $144,660.00

MLS Landscape, Granville, IA  $183,200.00

LA Carlson, Merrill, IA   $129,400.00

Motion by Monson second by Boykin to submit the proposed project improvements to the County Engineer for review and recommendation.  Carried 5-0.

A public hearing was held at 10:20 a.m. for the sale of property parcel #359715 (2502 W. 22nd St.).

Then Chairperson called on anyone wishing to be heard.

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

Motion by Monson second by Tripp to approve and authorize the Chairperson to sign a Resolution for the sale of this parcel to Daniel Bales (2015 Casselman St., Sioux City), for real estate parcel #359715 (2502 W. 22nd St.) for $25.00 plus recording fees.  Carried 5-0.

RESOLTUION OF THE BOARD OF SUPERVISORS

OF WOODBURY COUNTY, IOWA

RESOLUTION #11,929

BE IT RESOLVED by the Board of Supervisors of Woodbury County, Iowa, that the offer at public auction of:

By    __Daniel Bales       in the sum of          Twenty-Five Dollars & 00/100 ($25.00)-----------------------------------------------------dollars.

For the following described real estate, To Wit:             

Parcel #359715

Ex pt for St. Lot 3 Block 10, Newspaper Addition to Sioux City, Woodbury County, Iowa

(2502 W. 22nd Street)  

Now and included in and forming a part of the City of Sioux City, Iowa, the same is hereby accepted: said Amount being a sum LESS than the amount of the general taxes, interests, costs and penalties against the said Real Estate.

BE IT RESOLVED that payment is due by close of business on the day of passage of this resolution or this sale is null and void and this resolution shall be rescinded.

BE IT RESOLVED that per Code of Iowa Section 569.8(3 & 4), a parcel the County holds by tax deed shall not be assessed or taxed until transferred and upon transfer of a parcel so acquired gives the purchaser free title as to previously levied or set taxes.  Therefore, the County Treasurer is requested to abate any taxes previously levied or set on this parcel(s).

BE IT FURTHER RESOLVED that the Chairman of this Board be and he is hereby authorized to execute a Quit Claim Deed for the said premises to the said purchaser.

SO DATED this 5th  Day of November, 2013.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

A public hearing was held at 10:22 a.m. for the sale of property parcel #359716 (2522 W. 22nd St.).

Then Chairperson called on anyone wishing to be heard.

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

Motion by Monson second by Boykin to approve and authorize the Chairperson to sign a Resolution for the sale of this parcel to Daniel Bales (2015 Casselman St., Sioux City), for real estate parcel #359716 (2522 W. 22nd St.) for $25.00 plus recording fees.  Carried 5-0.

RESOLTUION OF THE BOARD OF SUPERVISORS

OF WOODBURY COUNTY, IOWA

RESOLUTION #11,930

BE IT RESOLVED by the Board of Supervisors of Woodbury County, Iowa, that the offer at public auction of:

By    __Daniel Bales       in the sum of          Twenty-Five Dollars & 00/100 ($25.00)-----------------------------------------------------dollars.

For the following described real estate, To Wit:             

Parcel #359716

The North one-half of the vacated east/west alley abutting a part of Lot 3, Block 10,   

Newspaper Addition to Sioux City, Iowa

(2522 W. 22nd Street)

Now and included in and forming a part of the City of Sioux City, Iowa, the same is hereby accepted: said Amount being a sum LESS than the amount of the general taxes, interests, costs and penalties against the said Real Estate.

BE IT RESOLVED that payment is due by close of business on the day of passage of this resolution or this sale is null and void and this resolution shall be rescinded. BE IT RESOLVED that per Code of Iowa Section 569.8(3 & 4), a parcel the County holds by tax deed shall not be assessed or taxed until transferred and upon transfer of a parcel so acquired gives the purchaser free title as to previously levied or set taxes.  Therefore, the County Treasurer is requested to abate any taxes previously levied or set on this parcel(s).

BE IT FURTHER RESOLVED that the Chairman of this Board be and he is hereby authorized to execute a Quit Claim Deed for the said premises to the said purchaser.

SO DATED this 5th  Day of November, 2013.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Boykin second by Monson to approve the separation of Thomas Jorgensen, Sheriff Reserve Volunteer, County Sheriff Dept., effective 10/28/13. Separation.; the separation of Octavia Flores, P/T Youth Worker, Juvenile Detention Dept., effective 10/30/13.  Resignation.; and the separation of Michael Lloyd, District Foremen, Secondary Roads Dept., effective 10/31/13. Retirement.  Carried 5-0.  Copy filed.

Motion by Smith second by Boykin to approve and authorize the Chairperson to sign an “Authorization to Initiate Hiring Process” for P/T Youth Worker, Juvenile Detention Dept., AFSCME Juvenile Detention:  $16.85/hour.  Carried 5-0.  Copy filed.

Motion by Tripp second by Monson to approve the extension of hours for Operation Officer (.75 FTE, 1560 hours/year), Emergency Services Dept., Current Wage:  $14.38/hour.  Carried 5-0.  Copy filed.

Motion by Smith second by Tripp to approve the De-Authorization of Operation Officer (.25 FTE, 520 hrs/year), (Deauthorize to add hours to existing position), Emergency Services Dept.  Carried 5-0.  Copy filed.

Motion by Tripp second by Boykin to approve and authorize the Chairperson to sign the 2014 EMS System Development Grant-MOU.  Carried 5-0.  Copy filed.

Motion by Smith second by Tripp to approve and authorize the Chairperson to sign the Agreement with the Iowa Communications Network.  Carried 5-0.  Copy filed.

Motion by Smith second by Monson to approve the relocation of City Assessor’s Office to 5th Floor of Courthouse.  Carried 5-0.

Motion by Boykin second by Monson to approve and authorize the Chairperson to sign a Resolution fixing a date for a hearing on the propose issuance of revenue bonds or notes for the benefit of Jackson Recovery Centers Inc.  Carried 5-0.

 RESOLUTION #11,931

A RESOLUTION FIXING A DATE FOR A HEARING ON THE PROPOSED ISSUANCE

OF REVENUE BONDS OR NOTES FOR THE BENEFIT OF JACKSON RECOVERY

CENTERS, INC.

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 previously 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 “Original 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, the Issuer previously held a hearing on the proposal to issue the Original Bonds on December 11, 2013 and adopted a resolution determining to proceed with the issuance of the Original Bonds; and

WHEREAS, because of increases in the costs of constructing the Project, the Borrower has requested the Issuer to issue additional bonds or notes in the amount of $1,000,000 (the “Additional Bonds”) to finance a portion of the additional costs of the Project; and

WHEREAS, before the Additional Bonds may be issued, it is necessary to conduct a public hearing on the proposal to issue the Additional Bonds, all as required and provided for by Section 419.9 of the Act and Section 147(f) of the Code;

NOW, THEREFORE, IT IS RESOLVED by the Board of Supervisors of the Issuer, as follows:

Section 1. This Board shall meet at 10:15 a.m. on the 3rd day of December, 2013, 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 Additional Bonds referred to in the preamble hereof.

Section 2. The County Auditor is hereby directed to give notice of intention to issue the Additional 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 3rd day of December, 2013, at 10:15 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 $1,000,000 (the “Additional 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 Additional Bonds.  The Project will be owned and operated by the Borrower. 

The Additional 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 Additional 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 Additional 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 Additional 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 3. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict.

Passed and approved on November 5, 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 met with Department Heads and Elected Officials.

The Board adjourned the regular meeting until November 12, 2013.