Minutes - 4/7/1998

APRIL 7, 1998 FORTY-SECOND MEETING OF THE BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, April 7, 1998 at 9:00 A.M. Board members present were Batcheller, Boykin, Burnight, Clausen and Welte. Staff members present were Patrick F. Gill, County Auditor/Board Secretary, Karen James, Executive Secretary/Public Bidder and Vicki Ritz, Deputy Commissioner of Elections.
Canvass of Sergeant Bluff-Luton Community School District.
Vicki Ritz, Deputy Commissioner of Elections made the announcement that there were eight (8) challenge ballots of which six (6) were accepted and added to the tally and one (1) absentee ballot after election that was received timely and also added to the tally.
QUESTION A
Special Election for Sergeant Bluff, Iowa
Shall the Following Public Measures Be Adopted?
Shall the Sergeant Bluff-Luton Community School District, in the County of Woodbury, State of Iowa, be authorized to build and furnish a new elementary school building; remodel and furnish an existing elementary school building; remodel and furnish the middle school building; and other miscellaneous building projects, and issue its School Bonds in an amount not exceeding $7,500,000 for that purpose?
Upon the public measure Question A there were Seven Hundred Sixty-Nine (769) votes cast, as follows:
For the question there were Five Hundred Forty-Nine (549) votes cast. Against the question there were Two Hundred Nineteen (219) votes cast.
We therefore declare the public measure Question A to be adopted.
Motion by Batcheller second by Burnight to accept the canvass of the Sergeant Bluff-Luton Community School District Special Election held on 3/31/98. Carried 4-0. Clausen absent.
Meeting called to order.
The Claims were approved as presented.
Motion by Burnight second by Boykin to approve the minutes of the regular Board Minutes of March 31, 1998 as submitted. Carried 4-0. Welte abstained.
Motion by Clausen second by Burnight to approve the minutes of the Executive Session #1 of March 17, 1998 as submitted. Carried 3-0. Boykin and Batcheller abstained.
The Board approved the reclassification of Gerald S. Stevens, Real Estate Clerk II, County Auditor/Recorder, @$10.62/hr., effective 4/6/98, Per AFSCME Courthouse Contract, from Grade 4, Step 6 to Grade 4.5, Step 6. Copy filed.
The Board approved unpaid Leave of Absence due to medical reasons of Jay Cosgrove, Correctional Officer, County Sheriff, @$12.39/hr., effective 12/18/97. Copy filed.
The Board approved the appointment of Ann M. Long, Assistant County Attorney, County Attorney, @$34,000/yr., effective 4/13/98. Joy vacancy reposted: 2/25/98. Entry level salary: $34,000/yr. Copy filed.
Motion by Boykin second by Burnight to approve the payment for D.K. to receive Community Support through Goodwill Industries at an hourly rate of $14.00. Carried 5-0.
Motion by Boykin second by Clausen to authorize the Chairman to sign a Weed Destruction Order Resolution for the year of 1998.
WOODBURY COUNTY, IOWA
RESOLUTION #9037
WEED DESTRUCTION ORDER
WHEREAS, it is the responsibility of each of Iowa Countys Board of Supervisors to enforce the provisions of Chapter 317 of the Code of Iowa as amended with regard to the destruction of weeds, and
WHEREAS, under Chapter 317 of the Code of Iowa as amended each County Board of Supervisors must prescribe and order a program of weed destruction to be followed by landowners, tenants, and other persons in possession or control of land, and
WHEREAS, it has been determined by the Woodbury County Board of Supervisors that a program of weed destruction for the year 1998 is necessary,
NOW THEREFORE,
BE IT RESOLVED by the Board of Supervisors of Woodbury County, Iowa that each landowner, tenant or other person in possession or control of private land shall on or before the dates stated below, destroy the below-listed noxious weeds on their land by spraying them with a suitable herbicide in a strength sufficient to kill such weeds.
1. May 15, 1998 for musk thistle, sow thistle, bull thistle, leafy spurge, perennial pepper grass, sour dock perennial, smooth dock perennial, and sheep sorrel perennial.
2. May 25, 1998 for Canada thistle, Russian knapweed, buckhorn perennial, wild mustard annual, horse nettle, and teasel biennial.
3. June 10, 1998 for field bindweed, wild carrot biennial, and quack grass.
4. June 15, 1998 for butterprint annual, puncture vine annual, and cocklebur annual.
5. July 15, 1998 for wild sunflower annual and poison hemlock.
6. September 15, 1998 all thistles in the rosette state.

Resolution #9037 contd.
BE IT FURTHER RESOLVED AND ORDERED that all weeds on county trunk and local roads and between the fence lines of such roads, whether they be noxious weeds or other weeds, shall be cut or otherwise destroyed, to prevent seed production, by the owner of the land adjoining the road on or before June 21, 1998.
BE IT FURTHER RESOLVED that weeds that are not destroyed in compliance with the above order may be destroyed by the Weed Commissioner, and the costs of destruction by the Weed Commissioner, including the cost of serving notice, plus a penalty of twenty-five percent of total costs shall be assessed against the property upon which the weeds were destroyed, in the case of private lands, or against the adjoining land, in the case of weeds on county roads.
SO RESOLVED this 7TH day of April, 1998.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.
The Public Hearing and sale of Real Estate Parcel # 045570, was held at 10:15 A.M. The Chairman called on anyone wishing to be heard on said sale.

Motion by Burnight second by Clausen to close the Public Hearing on the sale of Real Estate Parcel #045570 to the City of Sioux City only. Carried 5-0.

Motion by Clausen second by Batcheller to sell Real Estate Parcel #045570 to the City of Sioux City for $1.00. Carried 5-0.

RESOLUTION OF THE BOARD OF SUPERVISORS OF WOODBURY COUNTY, IOWA #9038

BE IT RESOLVED by the Board of Supervisors of Woodbury County, Iowa, that the offer of City of Sioux City.

in the sum of ONE AND NO/100 (1.00) PAID 6/25/96 ROLL 352, IMAGE 138 Dollars for the following described real estate, to wit:

LOT SIXTEEN (16) IN BLOCK EIGHT (8) OF THE METROPOLITAN PARK ADDITION, CITY OF SIOUX CITY, WOODBURY COUNTY, IOWA

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.

Resolution #9038 contd.

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).

WHEREAS, the Board of Supervisors has determined that the transfer of and the intended use of the real property is for a public purpose in accordance with other State laws, and as such, conveys the property legally described above to the purchaser according to Code of Iowa 331.361(3).

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

SO DATED this 7th day of APRIL, 1998.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

The Public Hearing and sale of Real Estate Parcel # 344520, was held at 10:15 A.M. The Chairman called on anyone wishing to be heard on said sale.

Motion by Batcheller second by Burnight to close the Public Hearing on the sale of Real Estate Parcel #344520 to the City of Sioux City only. Carried 5-0.

Motion by Batcheller second by Clausen to sell Real Estate Parcel #344520 to the City of Sioux City for $1.00. Carried 5-0.

RESOLUTION OF THE BOARD OF SUPERVISORS OF WOODBURY COUNTY, IOWA #9039

BE IT RESOLVED by the Board of Supervisors of Woodbury County, Iowa, that the offer of City of Sioux City.

in the sum of ONE AND NO/100 (1.00) PAID 6/25/96 ROLL 352, IMAGE 603 Dollars for the following described real estate, to wit:

LOT EIGHT (8) IN BLOCK FORTY-FIVE (45) OF THE MIDDLE SIOUX CITY ADDITION, CITY OF SIOUX CITY, WOODBURY COUNTY, IOWA

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.

Resolution #9039 contd.

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).

WHEREAS, the Board of Supervisors has determined that the transfer of and the intended use of the real property is for a public purpose in accordance with other State laws, and as such, conveys the property legally described above to the purchaser according to Code of Iowa 331.361(3).

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

SO DATED this 7th day of APRIL, 1998.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

The Public Hearing and sale of Real Estate Parcel #344280 was held at 10:15 A.M. The Chairman called on anyone wishing to be heard on said sale.

Motion by Clausen second by Boykin to close the Public Hearing on the sale of Real Estate Parcel #344280 to the City of Sioux City only. Carried 5-0.

Motion by Burnight second by Boykin to sell Real Estate Parcel #344520 to the City of Sioux City for $1.00. Carried 5-0.

RESOLUTION OF THE BOARD OF SUPERVISORS OF WOODBURY COUNTY, IOWA #9040

BE IT RESOLVED by the Board of Supervisors of Woodbury County, Iowa, that the offer of City of Sioux City.

in the sum of ONE AND NO/100 (1.00) PAID 6/25/96 ROLL 352, IMAGE 135 Dollars for the following described real estate, to wit:

LOT SEVENTEEN (17) IN BLOCK SEVEN (7) OF THE METROPOLITAN PARK ADDITION, CITY OF SIOUX CITY, WOODBURY COUNTY, IOWA

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.

Resolution #9040 contd.

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).

WHEREAS, the Board of Supervisors has determined that the transfer of and the intended use of the real property is for a public purpose in accordance with other State laws, and as such, conveys the property legally described above to the purchaser according to Code of Iowa 331.361(3).

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

SO DATED this 7th day of APRIL, 1998.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Clausen second by Boykin to authorize the Chairman to sign a Service Agreement with McLeod Company to provide long distance service for a year. Carried 5-0. Copy filed.

Motion by Batcheller second by Boykin to approve the FY 1997-98 Iowa DOT second amended Secondary Road budget. Carried 5-0.

Motion by Boykin second by Burnight to approve the FY 1997-98 Iowa DOT Supplementary No. 2 Secondary Road Construction Program. Carried 5-0.

Motion by Burnight second by Boykin to approve the FY 1998-99 Iowa DOT Secondary Road budget. Carried 5-0.

Motion by Batcheller second by Boykin to approve the bid of Northern Iowa Construction Products for $73,084.00 for 1998 Maintenance Culvert Pipe subject to the review of the County Engineer. Carried 5-0. Copy filed.

Motion by Clausen second by Burnight to approve the FY 1998-2003 Iowa DOT Secondary Road Construction Program. Carried 5-0.

Motion by Batcheller second by Burnight to accept the bid of Brower Construction for the resurfacing of Little Sioux Park Roadways for $132,339.13. Carried 5-0. Copy filed.

Motion by Welte second by Clausen to approve funding for the resurfacing project from the Infrastructure Fund. Carried 5-0.

Motion by Clausen second by Boykin to forward the McBolt Subdivision to Zoning Commission for recommendation. Carried 5-0.

Motion by Batcheller second by Burnight to receive for signature a letter honoring Ronald Ronfeldt for 25 years in the Sheriffs Department of Woodbury County, Iowa. Carried 5-0.

Motion by Boykin second by Batcheller to receive for signature a resolution for abatement of taxes on property owned by Design Homes, Inc., Parcel #760696. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION #9041
FOR ABATEMENT OF TAXES ON
PROPERTY OWNED BY DESIGN HOMES, INC
PARCEL #760696

WHEREAS, the Department of Economic Development has entered into a contract with Woodbury County and Design Homes, Inc.; such contract being on file in the Board of Supervisors Administration Office; and

WHEREAS, Iowas counties face critical social, economic and environmental problems; and

WHEREAS, the Community Development Block Grant Program (CDBG) has been created by Congress to reduce these problem; and

WHEREAS, Woodbury County has the necessary ability to develop and carry out community development and has been approved for funding for a certain community economic development, namely, Design Homes, Inc.; and

WHEREAS, Woodbury County deems that Design Homes, Inc., can contribute to the economic development of Woodbury County by the following:

1) Agrees and commits to the obligation to create one hundred (100) full time equivalent (FTE) position at the Woodbury County facility beyond an employment base of zero (0) positions;

2) Of the positions created/retained as a result of the project, Design Homes, Inc. certifies that at least fifty-one percent (51%) of the benefiting individuals will be from low and moderate income households;

WHEREAS, at the first year anniversary of contract expiration date, Design Homes, Inc., employment is less than specified in one (1) and two (2) of this resolution or any other specifications of the CDBG Grant have not been complied with, the County will remove this abatement of taxes for Design homes, Inc.; and

WHEREAS, Woodbury County concurs that Design Homes, Inc. will be contribution to the economics of Woodbury County be creating one hundred (100) full-time (FTE) position;

Resolution #9041 contd.

NOW THEREFORE, The Board of Supervisors grants Design Homes, Inc. a five (5) year tax abatement for Parcel #760696 located in Woodbury County, Iowa. This abatement will apply to the January 1, 1998 assessment and through the year of 2002.

SO RESOLVED this 7th day of APRIL, 1998.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Darrell Geib addressed the Board to update them on the activities of the Sioux Rivers Resources Conservation and Development Inc.

Motion by Burnight second by Batcheller to approve a contribution of $250.00 to the Sioux Rivers RC & D. Carried 5-0.

Motion by Batcheller second by Boykin to approve a grant of $4,000 from the Infrastructure Fund for the Little Sioux (Woodbury County )-Grant (Monona County) Community Fire & Rescue Department for the purchase of a Fire Truck. Carried 5-0.

Motion by Clausen second by Batcheller to authorize the Chairman to sign a Resolution approving an escrow agreement to deposit money with the bond trustee to pay bonds issued by Woodbury County in 1987 to assist St. Lukes Regional Medical Center of Sioux City. Carried 5-0.

RESOLUTION #9042 PROVIDING FOR THE REDEMPTION OF PRIOR
BONDS AND THE EXECUTION OF DOCUMENTS RELATING THERETO

WHEREAS, Woodbury County, Iowa (the Issuer), pursuant to the provisions of Chapter 419 of the Code of Iowa (the Act) has previously issued its Hospital Facility Revenue Refunding Bonds (St. Lukes Regional Medical Center Project) Series 1987A (the Prior Bonds) pursuant to the provisions of a Bond Indenture dated as of January 1, 1987 (the Bond Indenture) and loaned the proceeds thereof to St. Lukes Regional Medical Center of Sioux City (now Northwest Iowa Hospital Corporation) (the Borrower) pursuant to a Loan Agreement dated as of January 1, 1987 (the Loan Agreement) for the purpose of financing the cost of a Project within the meaning of the Act; and

WHEREAS, the Borrower has determined to provide for the payment and redemption of the Prior Bonds in full pursuant to the prepayment provisions of the Loan Agreement and has requested the Issuer to take such action as is required of the Issuer by the Loan Agreement and Bond Indenture to provide for prepayment of the Prior Bonds; and

WHEREAS, the Borrower has presented for consideration by the Board of Supervisors a form of escrow agreement (the Escrow Agreement) among the Issuer, the Borrower and Norwest Bank Iowa, National Association (current Trustee under the Bond Indenture) ( the Bond Trustee) to accomplish the prepayment and redemption of the Prior Bonds; and

Resolution #9042 contd.

NOW THEREFORE BE IT RESOLVED, by the Board of Supervisors of Woodbury County, Iowa, as follows:

Section 1. That the prepayment and redemption of the Prior Bonds as contemplated by the Escrow Agreement is approved.

Section 2. That the Escrow Agreement in substantially the form presented to and considered by the Council and containing substantially the terms and provisions set forth therein is hereby authorized and approved and the Chairperson of the Board of Supervisors is hereby authorized and directed to execute and deliver the Escrow Agreement on behalf of the Issuer with such changes thereto as the Issuers counsel or bond counsel may deem appropriate, such execution to be conclusive evidence of approval of such document in accordance with the terms hereof.

Section 3. That the Chairman of the Board of Supervisors and County Auditor are hereby authorized and directed to execute, attest, seal and deliver any and all documents and do any and all things deemed necessary to affect the prepayment and redemption of the Prior Bonds and the execution and delivery of the Escrow Agreement and to carry out the intent and purposes of this Resolution.

Section 4. That the provisions of this Resolution are hereby declared to be separable and if any section, phrase or provision 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 5. That this Resolution shall become effective immediately upon its passage and approval.

Adopted and approved the 7th day of APRIL, 1998.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Boykin second by Burnight to authorize the Chairman to sign the escrow agreement. Carried 5-0.

Motion by Clausen second by Boykin to authorize the Chairman to sign Release of Loan Agreement and Obligation No.3 relating to the original bond issue. Carried 5-0.

Motion by Clausen second by Boykin to confirm Boards action last year relating to the Single County Contract from the Iowa Department of Public Health. Carried 5-0.

Motion by Boykin second by Clausen to renew the existing Single County Contract for 1 year and to review this contract in January of 1999. Carried 5-0.

Motion by Boykin second by Batcheller to set a Public Health Program Meeting for Tuesday, April 14, 1998 at 3:00 P.M. in the Board of Supervisors Chambers. Carried 5-0.

Motion by Boykin second by Burnight to provide letterhead, envelopes and postage for the mailing of letters urging citizen response to Community Health Assessment . Carried 5-0.

There was a discussion of Capitol Improvement Projects and agreement to have another meeting around May 1, 1998.

Motion by Board second by Burnight to go into Executive Session per Iowa Code Section 21.5 (1)(a). Carried 5-0 on roll call vote.

Motion by Boykin second by Batcheller to go out of Executive Session. Carried 5-0 on roll call vote.

The Board adjourned the meeting until April 14, 1998.