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Meeting May 31, 2011

MAY 31, 2011 — TWENTY-ONETH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, May 31, 2011 at 10:00 a.m.  Board members present were Boykin, Monson, Clausen and Tripp; Smith was absent.  Staff members present were:  Karen James, Board Administrative Coordinator, Joshua Widman, Assistant County Attorney, and Patrick F. Gill, Auditor/Clerk to the Board.

The Claims were approved as presented.  Copy filed.

Motion by Tripp second by Clausen to go into closed session per Iowa Code Section 21.5(1) (c).  Carried 4-0 on a roll-call vote.

Motion by Boykin second by Tripp to go out of closed sessions per Iowa Code Section 21.5(1) (c).  Carried 4-0 on a roll-call vote.

The meeting was called to order.
 
Motion by Clausen second by Boykin to approve the minutes of the May 24, 2011 Board meeting.  Carried 3-0; Tripp abstained.  Copy filed.

The Board approved the Separation of David Skilling, Asst. County Attorney, County Attorney Dept., effective 05/16/2011.  Other.  Copy filed.

The Board approved the Separation of Byron Johnson, Civilian Jailer, County Sheriff Dept., effective 05/26/2011.  Resignation.  Copy filed.

The Board approved the Appointment of Trevor Forch, Temporary Summer Laborer, Secondary Roads Dept., $8.50/hour, effective 06/01/11.  Not to exceed 120 days.  Copy filed.

The Board approved the Appointment of Alex Ralston, Temporary Summer Laborer, Secondary Roads Dept., $8.50/hour, effective 06/01/11.  Not to exceed 120 days.  Copy filed.

The Board approved the Appointment of Eric Steffen, Temporary Summer Laborer, Secondary Roads Dept., $8.50/hour, effective 06/01/11.  Not to exceed 120 days.  Copy filed.

The Board approved the Appointment of Carter Swanger, Temporary Summer Laborer, Secondary Roads Dept., $8.50/hour, effective 06/01/11.  Not to exceed 120 days.  Copy filed.

The Board approved the Separation of Kathryn Evans, Youth Worker, Juvenile Detention Dept., effective 06/30/11. Retirement.  Copy filed.

Motion by Clausen second by Boykin to approve and authorize the Chairman to sign an “Authorization to Initiate Hiring Process” for an Assistant Attorney, County Attorney Dept., AFSME Atty. Salary Range:  $49,848-$57,648/year, for a F/T Youth Worker, Juvenile Detention Dept., AFSME Juvenile Detention Contract:  $15.46/hr to 19.45/hr. and for Civilian Jailer, County Sheriff Dept., CWA Civilian Jailers:  $16.16/hour.  Carried 4-0.  Copy filed.

Motion by Clausen second by Tripp to approve Kathryn Evans request to remain on County Insurance Plans.  Carried 4-0.

Motion by Boykin second by Clausen to approve and Authorize the Chairman to sign a Resolution approving suspension of taxes for Lorna Rembe, 6534 Morningside Ave and 6700 Morningside Ave, Sioux City, Parcel #884709129005 and #884709129002.  Motion by Boykin second by Clausen to amend the motion to limit the length of the suspension of taxes to one year.  Carried 4-0.  The motion as amended carried 4-0.

WOODBURY COUNTY, IOWA
RESOLUTION #   10,777
      
WHEREAS, Lisa Rembe, is the executor of a properties located at 6534 Morningside Ave. and 6700 Morningside Ave. City of Sioux City,  Woodbury County, Iowa, and legally described as follows:  
   
Parcel #  8847 09 129 005

Lots 185, 186, 187, and Part Vacant NW/SE Alley on East Being 42 Feet South of Lilac Lane to a Part on West Line Alley Being 86.33 Feet South of Lilac Lane Abutting Lot 39 on West & Lot 185, Lot 186, & Lot 187 On  East, Fairfax Addition, City of Sioux City, Woodbury County, Iowa

Parcel # 8847 09 129 002

Lot 184 Fairfax Addition, City of Sioux City, Woodbury County, Iowa                                    

WHEREAS, Lisa Rembe  is the executor of the aforementioned property have petitioned the Board of Supervisors for a suspension of taxes pursuant to the 2009 Iowa Code section 427.9, and 

WHEREAS, the Board of Supervisors recognizes from documents provided that the petitioner is unable to provide to the public revenue; and

NOW, THEREFORE, BE IT RESOLVED, that the Woodbury County Board of Supervisors hereby grants the request for a suspension of taxes, and hereby directs the Woodbury County Treasurer to so record the approval of this tax suspension  For One Year  for this property.

SO RESOLVED this 31st day of May, 2011. 
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.
 
Motion by Boykin second by Clausen to approve a Resolution approving the revised “Investing in Woodbury County” loan program, per recommendation of Rural Economic Development Director Rob Marqusee.  Carried 4-0.

WOODBURY COUNTY, IOWA 
RESOLUTION #10,778
A RESOLUTION APPROVING THE REVISED
“INVESTING IN WOODBURY COUNTY” LOAN PROGRAM

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, there is a need to establish a program to make low-cost loans available for the purpose of either starting or expanding a business in rural Woodbury County, or advancing an economic development program established by 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
WHEREAS, the Board of Supervisors desires to replace the “Investing in Woodbury County” Loan Program, Resolution No. 10691, adopted on July 20, 2010, and establish this revised “Investing in Woodbury County Loan Program” as specified below; and
WHEREAS, this “Investing in Woodbury County Loan Program”, established by this Resolution, shall completely supersede and replace the program that was established pursuant to Resolution No. 10691, adopted on July 20, 2010, as follows:
IT IS HEREBY RESOLVED by the Board of Supervisors of Woodbury County, Iowa, as follows:
1. Woodbury County hereby establishes the “Investing in Woodbury County Loan Program” with the following general provisions.

2. Woodbury County will provide up to $1M in low-interest loans to start, expand, or benefit a business in rural Woodbury County (“rural Woodbury County” includes all areas of Woodbury County, except Sioux City).  The low-interest loans may also be applied to advance or support economic development programs established by Woodbury County.  The target interest rate of said loans will be two percent (2%).

3. There will be three different classes of loans made under the program:

a. A pool of $500,000 is established for the following classification of loans:
i. “General Secured Business Loans” for up to the following amounts:
1. Loans up to $100,000 each; or
2. Loans up to $200,00 each if, and only if, borrower matches the $200,000 loan with $200,000 of personal monetary contributions;
ii. “Unsecured Micro-Loans” up to $10,000 each;
b. A pool of $500,000 is established for the following classification of loans:
i. Secured “Expo-Service Loans”
These loans are for businesses that service the up-coming Woodbury County Expo Center.  The business must be located within a 10-mile radius of the Woodbury County Fairgrounds.  Expo-Service Loans will not be available until construction begins on the Expo Center.

4. A loan under the Investing in Woodbury County Loan Program may be made after consideration of certain factors, including, but not limited to, the number of jobs created, the security provided (when required), or the extent to which the loan supports an economic development program established by Woodbury County.

5. The Siouxland Economic Development Corporation (SEDC), or approved successor, will provide the administrative services of this loan program.

6. SEDC will make the initial judgment as to whether a specific application for loan is viable or not – SEDC will recommend to county only loans that SEDC believe to be viable.

7. The Woodbury County Board of Supervisors must approve each loan before the loan can be made to the citizen borrower.

8. The term of the loan to the citizen will be determined on a case-by-case basis.

9. The costs associated with administering the “Investing in Woodbury County Loan Program” will be from the General Fund, or from a Loan Account Fund, established by the Board of Supervisors prior to September 1, 2010.

10. An applicant for a loan under the “Investing in Woodbury County Loan Program” need not be a resident of Woodbury County; however, the business either started or expanded must be located in rural Woodbury County.

11. The loan program will considered to be in effect retroactive as of September 1, 2010.  This specific application process, as well as objective criteria for making loans established under this resolution, will be posted on the www.woodburyiowa.com website on May 31, 2011.
      
SO RESOLVED this 31th day of May 2011.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Clausen second by Boykin to approve the Bridge Inspection Contract for FY 2011-2012 inspections, per recommendation of County Engineer, Mark Nahra.  Carried 4-0.  Copy filed.

Motion by Clausen second by Boykin to receive bids submitted for the repair of the Prairie Hill’s chillers and forward to Building Services for review and recommendation.  Carried 4-0.

A public hearing was held at 10:15 a.m. regarding the issuance and sale of revenue bonds or notes for the Sunrise Retirement Community Project.  The Chairman called on anyone wishing to be heard.

Motion by Boykin second by Clausen to close the hearing.  Carried 4-0.

Motion by Clausen second by Boykin to approve and authorize the Chairman to sign a Resolution authorizing the issuance and sale of revenue bonds or notes for the Sunrise Retirement Community Project, in an aggregate principal amount not to exceed $5,500,000.00.  Carried 4-0.

RESOLUTION #10,779
RESOLUTION RELATING TO THE HOLDING OF A PUBLIC HEARING AND APPROVING PROCEEDINGS
FOR THE ISSUANCE AND SALE OF REVENUE BONDS OR NOTES
(SUNRISE RETIREMENT COMMUNITY PROJECT) IN AN AGGREGATE
PRINCIPAL AMOUNT NOT TO EXCEED $5,500,000.00

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 Sunrise Manor a/k/a Sunrise Retirement Community (the “Borrower”), a Tax Exempt Organization, to issue revenue bonds or notes, in an aggregate principal amount not to exceed $5,500,000 (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 an approximately 46-unit, three-story apartment-style assisted living facility to replace the existing assisted living facility known as Fountain View Assisted Living (the “Fountain View Assisted Living Project”), which is currently owned and operated by the Borrower and will be owned and operated in the future by Fountain View Assisted Living (or another affiliate of the Borrower), and an approximately 38-bed nursing home facility to replace the existing nursing home facility known as Health Center (the “Health Center Project”), which is owned and operated by the Borrower, including land improvements and demolition of the existing assisted living and nursing home facilities, all located and to be located on the Borrower’s campus (the “Campus”) at 5501 Gordon Drive East, Sioux City, Iowa (collectively, the “Project”); (2) retiring existing indebtedness incurred in connection with the Project; (3) refunding the outstanding principal amount of $3,000,000 Senior Living Facility Revenue Note (The Pointe at Sunrise Project) Series 2008A (the “Prior Bonds”) of the Issuer used for the purpose of refunding Issuer’s Senior Living Facility Revenue Bond Anticipation Note, Series 2007 (Sunrise Retirement Community Project) issued to provide interim financing to pay a portion of the costs of acquiring, renovating, constructing and equipping an approximately 62-unit independent senior living facility, including related parking areas and land improvements, located on the Campus (the “The Pointe at Sunrise Project”) which is currently owned and operated by the Borrower and will be owned and operated in the future by Sunrise Eastview (or another affiliate of the Borrower), retiring existing indebtedness incurred in connection with The Pointe at Sunrise Project, funding a debt service reserve fund and financing the costs of issuance and certain other costs associated with the issuance of the Prior Bonds; (4) funding a debt service reserve and capitalized interest funds; and (5) 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 May 31, 2011.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

A public hearing was held at 10:20 a.m. for the sale of property parcel #246030 (1606 Nebraska, Sioux City). 

The Chairman called on anyone wishing to be heard. 
      
Motion by Clausen second by Boykin to close the hearing.   Carried 4-0.
      
Motion by Boykin second by Clausen to approve the sale of this parcel to Miguel Aleman & Maria Del Lourdes (1704 Douglas St, Sioux City) for the amount of $712.00 plus recording fees, for real estate parcel #246030 (1606 Nebraska, Sioux City).  Carried 4-0.
  
RESOLUTION OF THE BOARD OF SUPERVISORS
OF WOODBURY COUNTY, IOWA:
RESOLUTION # 10,780

BE IT RESOLVED by the Board of Supervisors of Woodbury County, Iowa, that the offer at public auction of:
By    Miguel Aleman & Maria Del Lourdes______in the sum of Seven Hundred Twelve Dollars & 00/100 ($712.00)-----------------------------------------------------dollars.

For the following described real estate, To Wit:

Parcel # 246030
The West 100ft of the North 50ft of the South 108ft of Lot 2, Block 11,     
Higman’s Addition to Sioux City, in the County of Woodbury and State of Iowa
(1606 Nebraska 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 31st  Day of May, 2011.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

A public hearing was held at 10:30 a.m. for Budget Amendment FY 2011 County budget. 

The Chairman called on anyone wishing to be heard.

James Van Bruggen, Taxpayers Research Council and Judy Darwin spoke at the hearing.

Motion by Boykin second by Clausen to close the hearing.  Carried 4-0.

Motion by Boykin second by Tripp to approve and authorize the chairman to sign the Budget Amendment FY 2011 County budget reduced $10,000.00 from the published amount.  Carried 4-0.

The Chairman 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 June 7, 2011.