Meeting August 28, 2012

AUGUST 28, 2012 — THIRTYFOURTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, August 28, 2012 at 10:00 a.m.  Board members present were Monson, Clausen, Boykin, Tripp, and Smith.  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.

The meeting was called to order.

Motion by Monson second by Boykin to approve the minutes of the 08/21/2012 Board meeting.  Carried 5-0.  Copy filed.

Motion by Boykin second by Monson to approve the separation of Scott Griffith, Temporary Social Services Intern, Social Services Dept., effective 08/14/12. End of Temporary Work; the appointment of Michael Foxhoven, Jr, Equipment Operator, Secondary Roads Dept., effective 08-29-12.  Job Vacancy Posted: 5-15-2012. Entry Level Salary:  $19.90/hour; the separation of April Frazier, Secretary III, County Attorney Dept., effective 09-05-12.  Resignation; the separation of Ronald Holmberg, Service Officer, Veteran Affairs Dept., effective 09-07-12.  Resignation; and the reclassification of Kristine Timmins, Asst. County Attorney, County Attorney Dept., effective 09/17/12, $72,198/year, 3.8%=$2,702/year. Per AFSCME Attorney Contract agreement, from Step 7 to Step 8.  Carried 5-0.  Copy filed.

Motion by Monson second by Boykin to approve and authorize the Chairperson to sign an “Authorization to Initiate Hiring Process” for Legal Secretary III, County Attorney Dept., AFSCME Courthouse Grade 5:  $17.41/hour or per contract language; for P/T Youth Worker, Juvenile Detention Dept., AFSCME Juvenile Detention:  $16.52/hour; and for V.A. Service Officer, Veteran Affairs Dept., Wage Plan:  $17.41/hour.  Carried 5-0.  Copy filed.

The Board discussed County employee flu shots with Human Resource Director J. D. Pellersels.
 
Motion by Monson second by Boykin to approve and authorize the Chairman to sign a letter of agreement between Woodbury County and the Siouxland District Health Department, authorizing the administration of influenza vaccine to County employees for fiscal year 2012-2013.  Carried 5-0.  Copy filed.

Motion by Monson second by Boykin to approve and authorize the Chairperson to sign a Resolution approving Conditional Loan and Grant Commitment in support of the Correctionville Grocery Store project.  Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION # 10,962
CONDITIONAL LOAN AND GRANT COMMITMENT
SUPPORT CORRECTIONVILLE GROCERY 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, the Correctionville Economic Development Corporation (CEDCORP), an IRS 501 (c)(3) non-profit corporation, has developed a plan to build, and arranged for the viable operation of, a grocery store establishment to be located in the City of Correctionville, Iowa, entitled “The Mercantile Grocery Store” (hereinafter referred to as “Project”); and
WHEREAS, CEDCORP has requested that Woodbury County extend it a secured loan in the amount of $125,000.00 under the Program, together with a $25, 000 grant, in order to partially finance the Project; and
WHEREAS, the Board of Supervisors recognizes the need for a grocery store in Correctionville, and desires to support the Project by making a loan and grant 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 CEDCORP in the amount of $125,000.00, on the following terms and conditions:

a. Date of the Loan: Loan proceeds will be made available when building, located at 319 5th Street, Correctionville, Iowa is completed, a certificate of occupancy is obtained, business specific equipment is installed, the property is free and clear of all liens or encumbrances, and adequate insurance is secured 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 deed of trust on the real property in the amount of $125,000.00, and a first lien position on all fixtures and equipment, located at located at 319 5th Street, Correctionville, Iowa owned by CEDCORP 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 CEDCORP, but CEDCORP 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 the like.

d. Terms of the Loan:  The loan will be for $125,000.00 at a 2% annual interest rate for a period of ten (10) years.  The first payment will be made 90 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. Operator Financing: CEDCORP must provide a written contract between CEDCORP and the grocery store operator whereby the operator is obligated to operate a grocery store.  If, for any reason, the building ceases to operate as a grocery store, then the interest rate on the remaining balance of the loan shall increase to 6% per annum.

f. If CEDCORP should sell the real property located at located at 319 5th Street, Correctionville, Iowa, the principal balance, and any accrued interest, shall be due and payable.

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 CEDCORP.

2. Woodbury County will make a grant to CEDCORP in the amount of $25,000.00, on the following terms and conditions:

a. On or before September 25, 2012, CEDCORP shall provide Woodbury County the name, address, and phone number of the proposed grocery store operator/lessee, together with operator financing commitments anticipating opening of the grocery store in January 2013.  CEDCORP represents that the operator will obtain $105,000 in separate financing for inventory, and will infuse their own funds in the amount of $35,000 to finance the remaining sums needed to begin operation of the grocery store.

b. Woodbury County will grant, and distribute, to CEDCORP the sum of $25,000 on October 2, 2012, if the terms of paragraph 2.a., above, are met.  This grant is conditioned upon a grocery store be operated out of the building for five (5) years; otherwise, the grant would will be repaid to Woodbury County.

SO RESOLVED this 28th day of August 2012.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Boykin second by Tripp to approve and authorize the Chairperson to sign a Resolution approving tax abatement for Northern Ponca Housing Authority, Parcel #894814328015 (1003 Edgewater Ave, Sioux City).  Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION # 10,963
RESOLUTION APPROVING ABATEMENT OF TAXES
 
WHEREAS, Northern Ponca Housing Authority is the titleholder of  real estate Parcel #894814328015 located in Woodbury County, Iowa and legally described as follows: 

Parcel #894814328015

Lots Nineteen & Twenty (19 & 20) Block Nine (9) Edgewater 3rd Addition, City of Sioux City, Woodbury County, Iowa

WHEREAS, the abovestated property has taxes owing for the 2011/2012, tax year, and the parcel is owned by Northern Ponca Housing Authority; and

WHEREAS, the organization, namely Northern Ponca Housing Authority 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; and

NOW, THEREFORE, BE IT RESOLVED, that the Woodbury County Board of Supervisors hereby abates  the taxes and special assessments owing on the above parcel according to Code of Iowa, 445.16 for the taxes owed for the 2011/2012 tax year and hereby directs the Woodbury County Treasurer to abate these aforementioned taxes from the tax records.
 
SO RESOLVED this 28th day of  August, 2012.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.
      
Motion by Boykin second by Monson to approve and authorize the Chairperson to sign a Resolution approving tax abatement for Sioux Gateway Airport, Parcel #874801100004 (Sioux City), Parcel #884731300002 (6400 Harbor Dr, Sioux City), Parcel #280909400003 (5201 Patton St, Sioux City), and parcel #884826200004 (5011 Patton St, Sioux City).  Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION # 10,964
RESOLUTION APPROVING ABATEMENT OF TAXES
 
WHEREAS, the City of Sioux City,  Iowa are the titleholders of real estate Parcel #874801100004, #884731300002, #280909400003, #884826200004 located in Woodbury County, Iowa and legally described as follows: 

Parcel # 874801100004
LL-SC COMM 87-48 NE NW AND NW NW 1-87-48

Parcel #884731300002 
LL-SC COMM 88-47 EX NW 10 AC ALL SW G EO NEAL SPUR SW 1/4 

Parcel #280909400003
LL-SC COMM 88-48 PT OF ACCRETIONS W O F LOT 2 BRASSFIELD

Parcel #884826200004
LL-SC COMM 88-48 PT LOT 1 AND LOT 2 B RASSFIELD ISLAND COM    
           
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 Sioux City, 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 28th day of August, 2012.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.
      
Motion by Boykin second by Tripp to approve and authorize the Chairperson to sign a Resolution approving tax abatement for Woodbury County Farm parcel #884714300001 (Woodbury County), parcel #884723100001 (1600 County Home Rd, Woodbury County), parcel #884723100002 (Woodbury County), and parcel #884723100004 (Woodbury County).  Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION # 10,965
RESOLUTION APPROVING ABATEMENT OF TAXES
 
WHEREAS, the Woodbury County, Iowa are the titleholders of real estate Parcels # 884714300001, #884723100001, #884723100002, #884723100004 located in Woodbury County, Iowa and legally described as follows: 

Parcels #  884714300001, #884723100001, #884723100002, #884723100004
                                                                       
Woodbury Township NW SW & SW SW 14-88-47
Woodbury Township NW NW 23-88-47
Woodbury Township SW NW 23-88-47
Woodbury Township SW of RD East ½ NW 23-88-47
                                                                                                                 
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 Woodbury County, 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 28th day of  August, 2012.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

A public hearing was held at 10:15 a.m. for the sale of property parcel #073920 & #074010 (1111 Helen St. & 1106 Rustin St., Sioux City). 

The Chairman called on anyone wishing to be heard.
      
Motion by Clausen second by Boykin to close the hearing.   Carried 5-0.
      
Motion by Clausen second by Boykin to approve and authorize the Chairperson to sign a Resolution for the sale of these parcels to Carol Goulette (1117 Helen St, Sioux City), for real estate parcel #073920 (1111 Helen St.) & parcel #074010 (1106 Rustin St., Sioux City) for $207.00 plus recording fees.  Carried 5-0.
      
RESOLUTION OF THE BOARD OF SUPERVISORS
OF WOODBURY COUNTY, IOWA
RESOLUTION #10,966

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

By    __Carol S. Goulette__________in the sum of   Two Hundred & Seven Dollars & 00/100 ($207.00)-----------------------------------------------------dollars.

For the following described real estate, To Wit:
 
Parcels #073920 & #074010
Lot 5 in Block 24, Booge and Taylors Addition to Sioux City, Iowa, Woodbury County
(1111 Helen Street)

Lot 11 in Block 24, Booge and Taylors Addition to Sioux City, Iowa, Woodbury County
(1106 Rustin 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 28th  Day of August, 2012.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Boykin second by Monson to approve and authorize the Chairperson to sign a Resolution for Post-Issuance Compliance Policy.  Carried 5-0.  Copy filed.

RESOLUTION OF THE BOARD OF SUPERVISORS
OF WOODBURY COUNTY, IOWA
RESOLUTION #10,967
 
WHEREAS, the County of Woodbury, sometimes hereinafter referred to as the County, is a political subdivision duly incorporated, organized and existing under and by virtue of the Constitution and laws of the State of Iowa; and

WHEREAS, various requirements apply under the Internal Revenue Code and Income Tax Regulations (hereinafter “IRS Requirements”) including information filing and other requirements related to issuance, the proper and timely use of bond-financed property, and arbitrage yield restriction and rebate requirements; and

WHEREAS, to comply with the IRS Requirements, governmental bond issuers must ensure that the rules are met at the time the bonds, capital loan notes or lease-purchase obligations (hereinafter “bonds”) are issued and throughout the term of the bonds; and

WHEREAS, this includes the continued review of post-issuance obligations and maintenance of records:

NOW THEREFORE, BE IT RESOLVED, BY THE BOARD OF SUPERVISORS OF WOODBURY COUNTY, STATE OF IOWA, THAT THE FOLLOWING WRITTEN PROCEDURES ARE ADOPTED WHICH SHALL APPLY WITH RESPECT TO ALL TAX-EXEMPT OBLIGATIONS INCURRED BY THE COUNTY:

Section 1.  The “Post Issuance Compliance Policy” (hereinafter “Policy”) attached hereto as Exhibit A is hereby adopted and approved.

Section 2.  The official designated in said policy shall take any and all action necessary to properly implement the policy.

PASSED AND APPROVED this 28th         day of August            , 2012.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Pat Gill, county auditor and Recorder, presented a review of the voter’s decision to combine the Auditor and Recorder Offices.

Motion by Monson second by Tripp to approve and authorize the Chairman to sign a Permit to Work in the County Right of Way for Schaller Telephone on D-22, per recommendation of County Engineer Mark Nahra.   Carried 5-0.  Copy filed.

Motion by Boykin second by Tripp to approve and authorize the Chairman to sign a Permit to Work in the County Right of Way for Schaller Telephone of 200th St., per recommendation of County Engineer Mark Nahra.   Carried 5-0.  Copy filed.

Motion by Clausen second by Boykin to transfer funds from Farm to Market Account to pay for Material Verification Testing on Project STP-CO97(83)—5E-97, per recommendation of County Engineer Mark Nahra.  Carried 5-0.

The Infrastructure discussion was postponed.

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 members drew lots to award insurance contracts; the results were:

Property to Arthur Gallagher Risk Management
General Liability to Arthur Gallagher Risk Management
Auto Liability/Auto Physical Damage to Arthur Gallagher Risk Management
Boiler to Arthur Gallagher Risk Management

The action for step two grievance hearing per Iowa Code Section 21.5(1) was postponed.

The Board adjourned the regular meeting until September 4, 2012.