Minutes - 11/10/2015
NOVEMBER 10, 2015 — FORTY SIXTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS
The Board of Supervisors met on Tuesday, November 10, 2015 at 4:00 p.m. Board members present were Clausen, Monson, Ung, Taylor and Smith. Staff members present were Karen James, Board Administrative Coordinator, Dennis Butler, Finance/Operations Controller, Ed Gilliland, Human Resources Director, Gloria Mollet, Assistant Human Resources Director and Patrick Gill, Auditor/Clerk to the Board.
The meeting was called to order to canvass the Regular City Elections held in Woodbury County on November 3, 2015.
Steve Hofmeyer, Deputy Commissioner of Elections, announced there was () after-election ballots and () provisional ballots which were accepted and added to the tally. Official Canvass results were as follows:
City of Anthon Council Member
Jerry Boggs Received forty-one (41) votes
Allison Umbach Received forty-three (43) votes
Candidate Total Eighty-four (84) votes
SCATTERING Two (2) votes
TOTAL Eighty-six (86) votes
We therefore declare: Jerry Boggs duly elected for the office of City of Anthon Council Member for the term of 4 years.
Allison Umbach duly elected for the office of City of Anthon Council Member for the term of 4 years.
City of Anthon Mayor
Allan Pithan Received forty-five (45) votes
Candidate Total Forty-five (45) votes
SCATTERING One (1) votes
TOTAL Forty-six (46) votes
We therefore declare: Allan Pithan duly elected for the office of City of Anthon Mayor for the term of 4 years.
City of Correctionville Mayor
Nathan Heilman Received fifty-four (54) votes
Candidate Total Fifty-four (54) votes
SCATTERING One (1) votes
TOTAL Fifty-five (55) votes
We therefore declare: Nathan Heilman duly elected for the office of City of Correctionville Mayor for the term of 2 years.
City of Correctionville Council Member
Brent Alan Lennon Received thirty-five (35) votes
Adam Jay Petty Received forty-seven (47) votes
Candidate Total Eighty-two (82) votes
SCATTERING Six (6) votes
TOTAL Eighty-eight (88) votes
We therefore declare: Brent Alan Lennon duly elected for the office of City of Correctionville Council Member for the term of 4 years.
Adam Jay Petty duly elected for the office of City of Correctionville Council Member for the term of 4 years.
City of Cushing Mayor
Donald D. Joy, Jr. Received twenty-seven (27) votes
Len Lindquist Received thirty-seven (37) votes
Candidate Total Sixty-four (64) votes
SCATTERING Zero (0) votes TOTAL Sixty-four (64) votes
We therefore declare: Len Lindquist duly elected for the office of City of Cushing Mayor for the term of 2 years.
City of Cushing Council Member
James Porter Received forty-nine (49) votes
Dustin Schlenger Received forty-one (41) votes
Candidate Total Ninety (90) votes
SCATTERING Fifteen (15) votes
TOTAL One hundred five (105) votes
We therefore declare: James Porter duly elected for the office of City of Cushing Council Member for the term of 4 years.
Dustin Schlenger duly elected for the office of City of Cushing Council Member for the term of 4 years.
City of Danbury Council Member
Michael Buth Received fifty (50) votes
Shari Simmons Received fifty (50) votes
Candidate Total One hundred (100) votes
SCATTERING Fifty-eight (58) votes
TOTAL One hundred fifty-eight (158) votes
We therefore declare: Michael Buth duly elected for the office of City of Danbury Council Member for the term of 4 years.
Shari Simmons duly elected for the office of City of Danbury Council Member for the term of 4 years.
City of Hornick Mayor
Scott H Mitchell Received twenty (20) votes
Candidate Total Twenty (20) votes
SCATTERING Twelve (12) votes
TOTAL Thirty-two (32) votes
We therefore declare: Scott H Mitchell duly elected for the office of City of Hornick Mayor for the term of 4 years.
City of Hornick Council
Member Jake M. Prichard Received twenty-seven (27) votes
Candidate Total Twenty-seven (27) votes
SCATTERING Forty-one (41) votes
TOTAL Sixty-eight (68) votes We therefore declare:
Jake M. Prichard duly elected for the office of City of Hornick Council Member for the term of 4 years.
City of Hornick Council Member 2 Yr Vacancy
Dale Ronfeldt Received thirty-seven (37) votes
Candidate Total Thirty-seven (37) votes
SCATTERING Zero (0) votes
TOTAL Thirty-seven (37) votes
We therefore declare: Dale Ronfeldt duly elected for the office of City of Hornick Council Member 2 Yr Vacancy for the term of 2 years.
City of Lawton Mayor
Rick Schorg Received fifty-three (53) votes
Candidate Total Fifty-three (53) votes
SCATTERING Eleven (11) votes
TOTAL Sixty-four (64) votes
We therefore declare: Rick Schorg duly elected for the office of City of Lawton Mayor for the term of 2 years.
City of Lawton Council Member
Michael Frolkey Received forty-four (44) votes
Matthew C. Otto Received forty-nine (49) votes
Candidate Total Ninety-three (93) votes
SCATTERING Forty-nine (49) votes
TOTAL One hundred forty-two (142) votes
We therefore declare: Michael Frolkey duly elected for the office of City of Lawton Council Member for the term of 4 years.
Matthew C. Otto duly elected for the office of City of Lawton Council Member for the term of 4 years.
City of Lawton Council Member-Vacancy
Patrick Saunders Received sixty-one (61) votes
Candidate Total Sixty-one (61) votes
SCATTERING Two (2) votes
TOTAL Sixty-three (63) votes
We therefore declare: Patrick Saunders duly elected for the office of City of Lawton Council Member-Vacancy for the term of 2 years.
City of Moville Mayor
James Fisher Received sixty-eight (68) votes
Candidate Total Sixty-eight (68) votes
SCATTERING Nine (9) votes
TOTAL Seventy-seven (77) votes
We therefore declare: James Fisher duly elected for the office of City of Moville Mayor for the term of 2 years.
City of Moville Council Member
Nate Bauer Received seventy-four (74) votes
Thomas E. Conolly Received sixty-four (64) votes
Candidate Total One hundred thirty-eight (138) votes
SCATTERING Fifty (50) votes
TOTAL One hundred eighty-eight (188) votes
We therefore declare: Nate Bauer duly elected for the office of City of Moville Council Member for the term of 4 years.
Thomas E. Conolly duly elected for the office of City of Moville Council Member for the term of 4 years.
City of Oto Mayor
Kevin Lyle Rayevich Received eighteen (18) votes
Candidate Total Eighteen (18) votes
SCATTERING Two (2) votes
TOTAL Twenty (20) votes
We therefore declare: Kevin Lyle Rayevich duly elected for the office of City of Oto Mayor for the term of 2 years.
City of Oto Council Member
Jennifer Weber Received nine (9) votes
Candidate Total Nine (9) votes
SCATTERING Eighteen (18) votes
TOTAL Twenty-seven (27) votes
We therefore declare: Jennifer Weber duly elected for the office of City of Oto Council Member for the term of 2 years.
City of Pierson Mayor
Thomas E. Hardie Received forty-eight (48) votes
Candidate Total Forty-eight (48) votes
SCATTERING Four (4) votes
TOTAL Fifty-two (52) votes
We therefore declare: Thomas E. Hardie duly elected for the office of City of Pierson Mayor for the term of 2 years.
City of Pierson Council Member
Fred Bouc Received twenty-nine (29) votes
Joel McQueen Received forty-five (45) votes
Krystal R. Kauffman Smith Received forty-one (41) votes
Marvin "Keith" Swanson Received thirty (30) votes
Candidate Total One hundred forty-five (145) votes
SCATTERING Eight (8) votes
TOTAL One hundred fifty-three (153) votes
We therefore declare: Joel McQueen duly elected for the office of City of Pierson Council Member for the term of 4 years.
Krystal R. Kauffman Smith duly elected for the office of City of Pierson Council Member for the term of 4 years.
Marvin "Keith" Swanson duly elected for the office of City of Pierson Council Member for the term of 4 years.
City of Salix Council Member
Jesse R. Duerksen Received thirteen (13) votes
Steve Hubert Received thirty-four (34) votes
Tim Skidmore Received thirty-nine (39) votes
Candidate Total Eighty-six (86) votes
SCATTERING Zero (0) votes
TOTAL Eighty-six (86) votes
We therefore declare: Steve Hubert duly elected for the office of City of Salix Council Member for the term of 4 years.
Tim Skidmore duly elected for the office of City of Salix Council Member for the term of 4 years.
City of Sergeant Bluff Council Member
Nicole Cleveland Received one hundred thirty (130) votes
James Linafelter Received one hundred thirty-six (136) votes
Candidate Total Two hundred sixty-six (266) votes
SCATTERING Nine (9) votes
TOTAL Two hundred seventy-five (275) votes
We therefore declare: Nicole Cleveland duly elected for the office of City of Sergeant Bluff Council Member for the term of 4 years.
James Linafelter duly elected for the office of City of Sergeant Bluff Council Member for the term of 4 years.
City of Sioux City Mayor
Bob Scott Received two thousand one hundred twenty-six (2126) votes
Candidate Total Two thousand one hundred twenty-six (2126) votes
SCATTERING One hundred eighty-two (182) votes
TOTAL Two thousand three hundred eight (2308) votes
We therefore declare: Bob Scott duly elected for the office of City of Sioux City Mayor for the term of 4 years.
City of Sioux City Council Member
Rhonda Capron Received one thousand nine hundred twenty-four (1924) votes
Thomas Venesky Received five hundred sixty-two (562) votes
Candidate Total Two thousand four hundred eighty-six (2486) votes
SCATTERING Twenty-two (22) votes
TOTAL Two thousand five hundred eight (2508) votes
We therefore declare: Rhonda Capron duly elected for the office of City of Sioux City Council Member for the term of 4 years.
City of Sloan Mayor
Judy Richardson Received one hundred eighteen (118) votes
Charles M. Thorpe Received one hundred seventy-three (173) votes
Candidate Total Two hundred ninety-one (291) votes
SCATTERING Zero (0) votes
TOTAL Two hundred ninety-one (291) votes
We therefore declare: Charles M. Thorpe duly elected for the office of City of Sloan Mayor for the term of 4 years.
City of Sloan Council Member
Scott E. Brekke Received one hundred sixty-one (161) votes
Steve Crawford Received one hundred eight (108) votes
Richard Pope Received one hundred forty-six (146) votes
Jeff Redmond Received two hundred six (206) votes
Sandra C. Thorpe Received one hundred fifty-two (152) votes
Candidate Total Seven hundred seventy-three (773) votes
SCATTERING Eighteen (18) votes
TOTAL Seven hundred ninety-one (791) votes
We therefore declare: Scott E. Brekke duly elected for the office of City of Sloan Council Member for the term of 4 years.
Jeff Redmond duly elected for the office of City of Sloan Council Member for the term of 4 years.
Sandra C. Thorpe duly elected for the office of City of Sloan Council Member for the term of 4 years.
City of Smithland Mayor
Elizabeth Peterson Received eleven (11) votes
Candidate Total Eleven (11) votes
SCATTERING One (1) votes
TOTAL Twelve (12) votes
We therefore declare: Elizabeth Peterson duly elected for the office of City of Smithland Mayor for the term of 2 years.
City of Smithland Council Member
Scott Blakely Received eleven (11) votes
Dianne McTeer Received nine (9) votes
Donald Sulsberger Received ten (10) votes
Candidate Total Thirty (30) votes
SCATTERING Three (3) votes
TOTAL Thirty-three (33) votes
We therefore declare: Scott Blakely duly elected for the office of City of Smithland Council Member for the term of 4 years.
Dianne McTeer duly elected for the office of City of Smithland Council Member for the term of 4 years.
Donald Sulsberger duly elected for the office of City of Smithland Council Member for the term of 4 years.
City of Smithland Council Member-Vacancy
Angela Kamrath Received nine (9) votes
Candidate Total Nine (9) votes
SCATTERING One (1) votes
TOTAL Ten (10) votes
We therefore declare: Angela Kamrath duly elected for the office of City of Smithland Council Member-Vacancy for the term of 2 years.
Motion by Smith second by Clausen to approve and receive the Official Canvass results. Carried 5-0. Copy filed.
The Board recessed.
The meeting was called to order – Pledge of Allegiance to the Flag – Moment of Silence.
Leroy McRoberts, 1483 210th St., John Goldsmith, Jr., 1478 210th St., and Brenda Waugh, 1459 210th St., addressed the Board about a zoning complaint. There was a consensus to allow a three month period to resolve the issue.
Motion by Taylor second by Ung to approve the Agenda for November 10, 2015. Carried 5-0. Copy filed.
Motion by Taylor second by Ung to approve the minutes of the November 3, 2015 Board meeting. Carried 5-0. Copy filed.
Motion by Taylor second by Clausen to approve the minutes of the November 5, 2015 Special meeting. Carried 4-0; Ung abstained. Copy filed.
Motion by Taylor second by Clausen to approve the claims totaling $1,210,205.26. Carried 5-0. Copy filed.
Motion by Clausen second by Ung to change the Education category of board representation to Financial on the Community Action Agency of Siouxland Board of Directors. Carried 5-0. Copy filed.
Motion by Smith second by Clausen to approve the transfer of Matthew Plummer, F/T Operations Officer, Emergency Services Dept., effective 11-11-15, $15.33/hour. Transfer from .75 Operations Officer to F/T Operations Officer.; and the separation of Leila McCoy, Case Manager, Social Services Dept., effective 11-13-15. Resignation. Carried 5-0. Copy filed.
Motion by Clausen second by Taylor to authorize the Chairman to sign the Authorization to initiate the hiring process for Operations Officer (1560 hours, .75 FTE), Emergency Services Dept., Wage Plan: $13.46-$14.87/hour. Carried 5-0. Copy filed.
Motion by Smith second by Taylor to approve the request from Susan Nielsen to remain on County Health Insurance Plan and the 65 & Over Supplemental Insurance Plan for her spouse. Carried 5-0. Copy filed.
Motion by Ung second by Taylor to lifting tax suspension for Debbie Hartsock, 3019 Melrose Ave., Sioux City. Carried 5-0. Copy filed.
Motion by Smith second by Taylor to approve and authorize the Chairperson to sign a Resolution setting the public hearing and sale date for parcel #059190, 1420 Center St., Sioux City. Carried 5-0.
RESOLUTION #12,292
NOTICE OF PROPERTY SALE
WHEREAS Woodbury County, Iowa was the owner under a tax deed of a certain parcel of real estate described as:
W 98 feet of Lot Twelve in Block Nineteen, North Sioux City Addition, Sioux City, Woodbury County, Iowa
(1420 Center 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 24th Day of November, 2015 at 4:35 o’clock p.m. in the basement of the Woodbury County Courthouse.
2. That said Board proposes to sell the said parcel of real estate at a public auction to be held on the 24th Day of November, 2015, immediately following the closing of the public hearing.
3. That said Board proposes to sell the said real estate to the highest bidder at or above a total minimum bid of $100.00 plus recording fees.
Dated this 10th Day of November, 2015.
WOODBURY COUNTY BOARD OF SUPERVISORS
Motion by Ung second by Taylor to approve and authorize the Chairperson to sign a Resolution setting the public hearing and sale date for parcel #185250, 3580 W. 5th St., Sioux City. Carried 5-0.
RESOLUTION #12,293
NOTICE OF PROPERTY SALE
WHEREAS Woodbury County, Iowa was the owner under a tax deed of a certain parcel of real estate described as:
Lot Nineteen, in Block Three, Golf View Addition to Sioux City in the County of Woodbury and State of Iowa
(3508 W. 5th 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 24th Day of November, 2015 at 4:37 o’clock p.m. in the basement of the Woodbury County Courthouse.
2. That said Board proposes to sell the said parcel of real estate at a public auction to be held on the 24th Day of November, 2015, immediately following the closing of the public hearing.
3. That said Board proposes to sell the said real estate to the highest bidder at or above a total minimum bid of $334.00 plus recording fees.
Dated this 10th Day of November, 2015.
WOODBURY COUNTY BOARD OF SUPERVISORS
Motion by Clausen second by Smith to approve the Memorandum of Understanding between Woodbury County Conservation Board and Iowa Natural Heritage Foundation. Carried 5-0. Copy filed.
Motion by Clausen second by Smith to approve the Service Delivery Personnel Contract Amendment. Failed 2-3 on a roll call vote; Taylor, Ung and Monson opposed. Copy filed.
Motion by Clausen second by Taylor to approve and authorize the Chairperson to sign a Resolution authorizing tax abatement for Jimmy Ring & Stacey Yates, B/LL for mobile home that has been destroyed by fire and junked, parcel #884730326916, taxes for 2015-16, total $16.00 plus interest. Carried 5-0.
WOODBURY COUNTY, IOWA
RESOLUTION #12,294
RESOLUTION APPROVING ABATEMENT OF TAXES
WHEREAS, Jimmy August Ring and Stacey Michelle Yates. are the titleholder of a building on leased land Parcel #884730326916 located in Woodbury County, Iowa and legally described as follows:
Parcel #884730326916
SERGEANT BLUFF CITY AUD PLAT UNPLATTED L ANDS SW 1/4 30-88-47
WHEREAS, the above stated property has taxes payable Including special assessments and the parcel is owned by Jimmy August Ring and Stacey Michelle Yates, 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 10th day of November, 2015
WOODBURY COUNTY BOARD OF SUPERVISORS
Motion by Clausen second by Taylor to approve and authorize the Chairperson to sign a Resolution authorizing tax abatement for Julie Sandau, B/LL for mobile home that has been destroyed by fire, parcel #894432131918, taxes for 2015-16, total $10.00 plus interest. Carried 5-0.
WOODBURY COUNTY, IOWA
RESOLUTION #12,295
RESOLUTION APPROVING ABATEMENT OF TAXES
WHEREAS, Julie Ann Sandau is the titleholder of a mobile home tax on leased land Parcel #894432131918 located in Woodbury County, Iowa and legally described as follows:
Parcel #894432131918
WHEREAS, the above stated property has taxes payable Including special assessments and the parcel is owned by Julie Ann Sandau 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 and hereby directs the Woodbury County Treasurer to abate these aforementioned taxes from the tax records.
SO RESOLVED this 10th day of November, 2015.
WOODBURY COUNTY BOARD OF SUPERVISORS
The contractors/installer bids for the LED lighting project were presented to the Board. The bids are as follows:
O’Dell Electric $12,000.00
Nystrom Electric $93,585.00
Metro Electric $ 7,120.00
Thompson Electric $63,310.00
Motion by Ung second by Taylor to receive the bids for LED Lighting and to award the bids as recommended by Building Services. Carried 5-0. Copy filed.
Motion by Smith second by Taylor to approve a contingency fund of $70,100.00 for the LED project. Carried 5-0.
Motion by Taylor second by Smith to terminate contracts with CHN Garbage Service, Sanitary Services, Inc., Waste Management and Gill Hauling for trash removal. Carried 5-0. Copy filed.
Motion by Taylor second by Smith to approve the contracts with CHN Garbage Service, Western Disposal, Waste Management and Independent Waste for trash removal. Carried 5-0. Copy filed.
Kenny Schmitz, Building Services Director, reviewed the submitted elevator contracts with the Board. Copy filed.
Kenny Schmitz, Building Services Director updated the Board on window repair for Courthouse Courtroom area.
Motion by Smith second by Taylor to approve a permit to work in the Highway Right of Way to place underground utilities for Northwest Iowa Telephone on 275th St. Carried 5-0. Copy filed.
Motion by Clausen second by Taylor to approve a permit to work within Highway Right of Way for Douglas Putensen. Carried 5-0. Copy filed.
Motion by Taylor second by Ung to approve permit to work within the Highway Right of Way for Fern Holzman . Carried 5-0. Copy filed.
Motion by Taylor second by Clausen to approve and authorize the Chairperson to sign a Resolution to add the ER road embankment repair project to the FY2016 Construction Program. Carried 5-0.
RESOLUTION TO REVISE WOODBURY COUNTY
2016 FIVE YEAR ROAD PROGRAM
RESOLUTION #12,296
Unforeseen circumstances have arisen since adoption of the approved Secondary Road Construction Program, and previous revisions, requiring changes to the sequence, funding and timing of the proposed work plan,
The Board of Supervisors of Woodbury County, Iowa, in accordance with Iowa Code section 309.22, initiates and recommends modification of the following project(s) in the accomplishment year (State Fiscal Year 2016), for approval by the Iowa Department of Transportation (Iowa DOT), per Iowa Code 309.23 and Iowa DOT Instructional Memorandum 2.050.
The following approved Priority Year projects shall be ADDED to the Program's Accomplishment year:
Project Number Project Location AADT Type Work Accomplishment Year
Local ID TPMS # Description of work Length NBIS # Fund basis ($1000's of dollars)
New amount
ER-C097(125)--58-97 D38, 7 locations, from Int. 220 Miscellaneous
of Knox Ave. & D38 east 5.0
ER Roadside Repairs Miles to Int. of D38 and Hwy 31 $133
& in Sect 22-87-43 on D50. ER
TPMS ID: 34323 Repair road slides along
county federal aid routes
Totals $133
Fund ID Accomplishment year ($1000's of dollars)
Previous Amount New Amount Net Change
Local Funds $3,033 $3,033 $0
Farm to Market Funds $1,340 $1,367 $27
Special Funds $4,343 $4,343 $0
Federal Aid Funds $1,560 $1,666 $106
Total construction cost (All funds) $10,276 $10,409 $133
Local 020 Construction cost totals (Local Funds + BROS-8J FA funds) $3,033 $3,033 $0
WOODBURY COUNTY BOARD OF SUPERVISORS
Motion by Taylor second by Ung to approve plans for project #L-B(W153)—73-97, for replacement of the Morgan Trail Bridge near Oto. Carried 5-0. Copy filed.
The county engineer reviewed the proposed changes to Ordinance #1 for Snow and Ice Removal from County Roads with the Board. Copy filed.
The county engineer reviewed the Woodbury County Policy for Drainage District Administration, Maintenance, and Repair with the Board. Copy filed.
Motion by Clausen second by Taylor to approve preconstruction agreement #2016 C-046 for grading and paving Highway 20 from Correctionville to the Ida County line with the Iowa Department of Transportation. Carried 5-0. Copy filed.
Receive bids for repairs to culvert P72. The bids are as follows:
Midwest Contracting $42,546.00
K & P Construction $42,408.25
Graves Construction $57,174.00
Dixon Construction $49,601.00
Motion by Taylor second by Monson to receive and direct the county engineer to review the bids for repairs to culvert P72. Carried 5-0.
Motion by Clausen second by Taylor to approve a contract between Siouxland District Health and RML Architects, LLC for alterations to building. Carried 5-0. Copy filed.
Supervisor Ung presented a process to increase transparency in the creation of committees. Copy filed.
Motion by Taylor second by Clausen to award the bid for repairs to culvert P72 to Midwest Contracting for $42,546.00. Carried 5-0. Copy filed.
The Board recessed for a meeting of the Bennett McDonald-Smithland Drainage District.
The supervisor meeting was called back to order.
Motion by Monson second by Taylor to approve and authorize the Chairperson to sign a Resolution relating to financing of County road improvements to be undertaken by Woodbury County, Iowa and establishing compliance with reimbursement bond regulations under the Internal Revenue Code. Carried 5-0.
RESOLUTION #12,297
Resolution relating to financing of County road improvements to be undertaken by Woodbury County, Iowa; establishing compliance with reimbursement bond regulations under the Internal Revenue Code
BE IT RESOLVED by the Board of Supervisors (the “Board”) of Woodbury County, Iowa (the “County”), as follows:
Section 1. Recitals.
(a) The Internal Revenue Service has issued Section 1.150-2 of the Income Tax Regulations (the “Regulations”) dealing with the issuance of bonds, all or a portion of the proceeds of which are to be used to reimburse the County for project expenditures made by the County prior to the date of issuance.
(b) The Regulations generally require that the County make a prior declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued borrowing and that the borrowing occur and the reimbursement allocation be made from the proceeds of such borrowing within a certain period after the payment of the expenditure or the date the projects are placed in service; and
(c) The County desires to comply with requirements of the Regulations with respect to a project hereinafter identified.
Section 2. Official Intent Declaration.
(a) The County proposes to undertake the following projects and to make original expenditures with respect thereto prior to the issuance of bonds, notes or other obligations (the “Bonds”) and reasonably expects to issue the Bonds for such projects in the maximum principal amount shown below:
Maximum Amount of Bonds County Road Projects Expected to be Issued for all three Projects
CF Industries Drive, Dogwood Trail, and Port Neal Circle $3,000,000
(b) Other than (i) expenditures to be paid or reimbursed from sources other than the Bonds or (ii) expenditures made not earlier than sixty days prior to the date of this 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 projects have heretofore been made by the County for which the County will seek reimbursement from the proceeds of the Bonds.
(c) This declaration is a declaration of official intent adopted pursuant to Section 1.150-2 of the Regulations.
Section 3. Budgetary Matters.
As of the date hereof, there are no County funds reserved, allocated on a long term basis or otherwise set aside (or reasonably expected to be reserved, allocated on a long term basis or otherwise set aside) to provide permanent financing for the expenditures related to the projects, other than pursuant to the issuance of the Bonds. This resolution, therefore, is determined to be consistent with the County’s budgetary and financial circumstances as they exist or are reasonably foreseeable on the date hereof, all within the meaning and content of the Regulations.
Section 4. Reimbursement Allocations.
The County’s financial officer shall be responsible for making the “reimbursement allocations” described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the Bonds to reimburse the source of temporary financing used by the County to make payment of the prior costs of the projects. Each allocation shall be evidenced by an entry on the official books and records of the County maintained for the Bonds, shall specifically identify the actual prior expenditure being reimbursed or, in the case of reimbursement of a fund or account, the fund or account from which the expenditure was paid, and shall be effective to relieve the proceeds of the Bonds from any restriction under the bond resolution or other relevant legal documents for the Bonds, and under any applicable state statute, which would apply to the unspent proceeds of the Bonds.
Section 5. Repealer.
All resolutions, parts of resolutions, or actions of the Board in conflict herewith are hereby repealed, to the extent of such conflict.
Passed and approved November 10th, 2015
WOODBURY COUNTY BOARD OF SUPERVISORS
The board members reported on committee meetings they attended.
The Board adjourned the regular meeting until November 17, 2015.
Meeting sign in sheet. Copy filed.
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