Minutes - 8/28/2007

AUGUST 28, 2007THIRTY-FIFTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, August 28, 2007 at 9:00 a.m. Board members present were Batcheller, Boykin, Clausen, and Walish, Monson was absent. Staff members present were Karen James, Board Administrator, Loan Hensley, Assistant County Attorney, and Patrick F. Gill, Auditor/Clerk to the Board.

The Claims were approved as presented. Copy filed.

Meeting called to order.

Motion by Batcheller second by Clausen to approve the Board minutes of the August 21, 2007 meeting as submitted. Carried
4-0. Copy filed.

Motion by Clausen second by Batcheller to approve and authorize the Chairman to sign an Authorization to Initiate Hiring Process for a Temporary Shredder, Social Services Dept. Entry level: Wage Plan $5.50/hour. Carried 4-0. Copy filed.

Gloria Mollet, Human Resources/Safety Coordinator, gave an update to the Board on risk management and safety.

A public hearing and sale was held at 10:15 a.m. for parcel #524310 (2112 Douglas Street), Sioux City, Iowa

Motion by Clausen second by Batcheller to close the public hearing, as there was no one to be heard. Carried 4-0.

Motion by Batcheller second by Boykin to accept the bid of $25,000.00 plus recording fees from Melinda Flanders to be completed by 4:30 p.m., September 11, 2007. Carried 4-0.

RESOLUTION OF THE BOARD OF SUPERVISORS
OF WOODBURY COUNTY, IOWA:
RESOLUTION #10,193

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

By MELINDA FLANDERS in the sum of TWENTY-FIVE THOUSAND AND 00/100 ($25,000.00)----- dollars.

For the following described real estate, To Wit:

Parcel #524310
Lot 4, Block 1, Vine Place Addition, City of Sioux City, Woodbury County, IA
(2112 Douglas St.)

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 two weeks from the day of passage of this resolution or this sale is null and void and this resolution shall be rescinded.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, 2007.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

The Board discussed options on mowing and baling of brome/hay at the Group Home in Climbing Hill.

Motion by Batcheller second by Boykin to approve the bid from Clyde Vondrak, as submitted. Carried 3-1; Clausen opposed.

Bid letting was held at 10:25 a.m. for a heavy duty snow plow, patrol wing, and tailgate sander for a tandem dump truck. Bids were as follows:

Murphy Tractor and Equipment, 4900 Harbor Drive, Sioux City, Iowa
Henke 12-39-52 IS Plow $9,726.00

Steffen, 623 W. 7th Street, Sioux City, Iowa
Henderson 12-40-56 Plow $7,292.00

There were no other bids.

Motion by Batcheller second by Boykin to receive the bids and forward them to the County Engineer for review and recommendations. Carried 4-0. Copy filed

Motion by Batcheller second by Boykin to approve and authorize the Chairman to sign a Resolution approving tax suspension for Helen Peterson, 212 Main Street, Sioux City, Iowa. Carried 4-0.

WOODBURY COUNTY, IOWA
RESOLUTION #10,191
RESOLUTION APPROVING PETITION FOR SUSPENSION OF TAXES

WHEREAS, Helen Peterson, is the titleholder of property located at 212 Main Street, City of Smithland, Woodbury County, Iowa, and legally described as follows:

Parcel #864426455010

Smithland City Of Lot Seven (7), Lot Eight (8), & West 65 Ft Lot Nine (9) Block Two (2)

WHEREAS, Helen Peterson as titleholder of the aforementioned real estate have petitioned the Board of Supervisors for a suspension of taxes pursuant to the 1997 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 this property.

SO RESOLVED this 28th day of August, 2007.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Batcheller second by Boykin to table discussion of a tax abatement for the City of Sloan, for parcels #864629384006, #864629384007, #864629384008, and #864629384009. Carried 4-0.

Motion by Clausen second by Batcheller to authorize the Chairman to sign a Resolution authorizing the issuance and sale of a Medical Facility Revenue Note (Siouxland Community Health Center Project), in an aggregate principal amount not to exceed $7,000,000. Carried 3-0; Boykin abstained.

WOODBURY COUNTY, IOWA
RESOLUTION #10,192

Resolution authorizing the issuance and sale of a Medical Facility Revenue Note, (Siouxland Community Health Center Project), of Woodbury County, Iowa, in an aggregate principal amount not to exceed $7,000,000; the execution and delivery of a Loan Agreement with Siouxland Community Health Center; the execution and delivery of an Assignment and Pledge Agreement and other related matters.

Be It Resolved by the Board of Supervisors of Woodbury County, Iowa (the Issuer) as follows:

Section 1. (A) The Issuer is a County authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 2007, as amended (the Act), to issue revenue bonds for the purpose of acquiring, constructing, improving and equipping a 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 Code (a Tax Exempt Organization), refunding any bonds issued pursuant to the Act and retiring any existing indebtedness on a facility for a Tax Exempt Organization, each of which purposes is a project within the meaning of the Act and each of which projects may be located within the Issuer, within eight miles of the corporate limits of the Issuer and, in the case of ancillary projects, more than eight miles outside the corporate limits of the Issuer but within the state of Iowa.

(B) The Issuer has been requested by Siouxland Community Health Center (the Borrower), a Tax Exempt Organization, to issue Medical Facility Revenue Note, (Siouxland Community Health Center Project), in an aggregate principal amount not to exceed $7,000,000 (the Note) pursuant to the Act, and to loan said amount to the Borrower for the purpose of (1) acquiring, constructing, equipping and furnishing an approximately 50,000 to 55,000 square foot multi-level medical clinic (the Clinic) for the primary operations of the Borrower, including but not limited to the primary medical and dental health care services departments, the radiology department, the pharmacy, the mental health services department, laboratory services, the HIV/AIDs program, the social services department, and administrative offices and conference rooms, parking areas, sidewalks and related land improvements, and acquiring the land for the foregoing, all to be located in the block bounded by Pierce Street, Nebraska Street, 10th Street and 11th Street, Sioux City, Iowa with the street address of the Clinic to be 1021 Nebraska Street, Sioux City, Iowa (the Project); and (2) financing the costs of issuance and certain other costs associated with the issuance of the Note.

(C) A Resolution proposing to finance the Project through the issuance of revenue bonds or notes of the Issuer in an aggregate principal amount not to exceed $7,000,000 and to loan said amount to the Borrower was adopted on April 3, 2007.

(D) As required by the Act and Section 147(f) of the Code, the Issuer has previously provided notice of the Issuers intention to issue the revenue bonds or notes and has held a public hearing on the issuance of such revenue bonds or notes.

(E) The issuance and sale of the Note by the Issuer in the amount of not to exceed $1,450,000, pursuant to the Act, is in the best interest of the Issuer, and the Issuer hereby determines to issue the Note and to sell the Note to the lender identified in the Loan Agreement (the Lender). The Issuer will loan the proceeds of the Note (the Loan) to the Borrower in order to finance the Project, and to pay costs of issuance.

(F) Pursuant to a Loan Agreement (the Loan Agreement) to be entered into between the Issuer and the Borrower, the Borrower agrees to repay the Loan in specified amounts and at specified times sufficient to pay in full when due the principal of, premium, if any, and interest on the Note. In addition, the Loan Agreement contains provisions relating to indemnification, insurance, and other agreements and covenants which are required or permitted by the Act and which the Issuer and the Borrower deem necessary or desirable. The Loan Agreement has been submitted to the Board of Supervisors for its review.

(G) Pursuant to an Assignment and Pledge Agreement (the Pledge Agreement) to be entered into between the Issuer and the Lender, the Issuer, among other things, will grant to the Lender a security interest in all of the Issuers rights, title and interest in and to the Loan Agreement, including, but not limited to, the right to receive Loan Repayments (as defined in the Loan Agreement). The Pledge Agreement has been submitted to the Board of Supervisors for its review.

(H) The Note will be a special limited obligation of the Issuer. The Note shall not be payable from or charged upon any funds other than the revenues pledged to the payment thereof, nor shall the Issuer be subject to any liability thereon. No holder of the Note shall ever have the right to compel any exercise of the taxing power of the Issuer to pay the Note or the interest thereon, nor to enforce payment thereof against any property of the Issuer. The Note shall not constitute a debt of the Issuer within the meaning of any constitutional or statutory limitation. A draft of the Note has been submitted to the Board of Supervisors for its review.

Section 2. In order to provide funds to finance the Project, the Issuer hereby authorizes the issuance of the Note in the principal amount of not to exceed $7,000,000 and at interest rates which will produce a net interest cost of not to exceed 7% per annum. The Note shall be in the form submitted to the Board of Supervisors and shall mature in the years and amounts, be subject to redemption, and provide interest at the rates as determined by the Borrower and the Lender prior to their issuance and delivery.

Section 3. The Loan Agreement, the Pledge Agreement and the Note are hereby made a part of this Resolution as though fully set forth herein and are hereby approved in substantially the forms presented to the Board of Supervisors. The Chairperson of the Board of Supervisors and the County Auditor are authorized and directed to execute, acknowledge and deliver said documents on behalf of the Issuer with such changes, insertions and omissions therein as Bond Counsel may hereafter deem appropriate, such execution to be conclusive evidence of approval of such documents in accordance with the terms hereof.

Section 4. The Chairperson of the Board of Supervisors and the County Auditor are authorized and directed to execute and deliver all other documents which may be required under the terms of the Loan Agreement or Pledge Agreement, or by Bond Counsel, and to take any other action as may be required or deemed appropriate for the performance of the duties imposed thereby to carry out the purposes thereof.
Section 5. In order to qualify the Note as a qualified tax exempt obligation within the meaning of Section 265(b)(3) of the Code, the Issuer hereby makes the following factual statements and representations:

(A) The Issuer hereby designates the Note as a qualified tax-exempt obligation for purposes of Section 265(b)(3) of the Code;

(B) The reasonably anticipated amount of tax-exempt obligations (other than obligations described in clause (ii) of Section 265(b)(3)(c) of the Code) which will be issued by the Issuer (and all entities whose obligations will be aggregated with those of the Issuer) during this calendar year 2007 will not exceed $10,000,000; and

(C) Not more than $10,000,000 of obligations issued by the Issuer during this calendar year 2007 (including the Note) have been designated for purposes of Section 265(b)(3) of the Code.

Section 6. The Chairperson of the Board of Supervisors, the County Auditor and other officers of the Issuer are authorized to furnish to the Lender, the Borrower and Bond Counsel certified copies of all proceedings and records of the Issuer relating to the Note, and such other affidavits and certificates as may be required to show the facts relating to the legality and marketability of the Note as such facts appear from the books and records in the officers custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the Issuer as to the truth of all statements contained therein.

Section 7. The provisions of this Resolution are hereby declared to be severable and if any section, phrase or provisions shall for any reason be declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases and provisions.

Section 8. All resolutions or parts thereof in conflict herewith are hereby repealed, to the extent of such conflict.

Section 9. This Resolution shall become effective immediately upon its passage and approval.
Passed and approved August 28, 2007.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Batcheller second by Clausen to approve and authorize the Chairman to sign a contract addendum for free product recovery system at former Davidson Oil Company site in Moville, Iowa, per recommendation of the County Engineer. Carried 4-0. Copy filed.

The Board reviewed the preliminary plats for Baileys Plat, a replat of Lot 1 and part of Lot 2 of Ridgview II Subdivision, with John Pylelo, Planning and Zoning Administrator.

Motion by Batcheller second by Clausen to approve preliminary plats for Baileys Plat, a replat of Lot 1 and part of Lot 2 of Ridgview II Subdivision, and forward them to the Zoning Commission for review and recommendations. Carried 4-0. Copy filed.

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 September 4, 2007.


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