Minutes - 5/5/1998

May 5, 1998 FORTY-SIXTH MEETING OF THE BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, May 5, 1998 at 9:00 A.M. Board members present were Batcheller, Boykin, Burnight, and Clausen. Welte was absent. Staff members present were Nancy Hodge, Board Administrative Coordinator, Diane Swoboda Peterson, Recorder Deputy.

The Claims were approved as presented.

Meeting called to order.

Motion by Boykin second by Clausen to approve the minutes of the regular Board Minutes of April 28, 1998 as submitted. Carried 4-0.

Motion by Batcheller second by Boykin to approve the minutes of the Executive Session #1 of April 28, 1998 amended to include Batcheller and Burnight present. Carried 4-0.

Board had open discussion.

The Board approved the reclassification of Margaret L. Wyant, Legal Secretary I, County Attorney: Child Support/Recovery, @$9.21/hr., effective 5/01/98, per AFSCME Courthouse contract agreement, from Grade 3, Step 3 to Grade 3, Step 4. Copy filed.

The Board approved the separation of Henry D. Kass, Correctional Officer, County Sheriff, effective 5/08/98. Copy filed.

The Board approved the separation of Michael R. Clayton, Temporary Clerk II, County Treasurer, effective 5/05/98, End of Temporary Term. Copy filed.

Motion by Boykin second by Batcheller to authorize the Chairman Pro Tem to sign the authorization to Initiate Hiring Process for one male Correctional Officer, for County Sheriff, @$9.63/hr. Carried 4-0. Copy filed.

Motion by Clausen second by Batcheller to authorize the Chairman Pro Tem to sign the Liquor license renewal for Sloan Community Recreational Corp. Carried 4-0. Copy filed.

Motion by Batcheller second by Boykin to approve renewal of Cigarette Permit Number 805 for Sloan Community Recreational Corp., Sloan, Iowa. Carried 4-0. Copy filed.

The Public Hearing and sale of Real Estate Parcel #678420 was held at 10:15 A.M. The Chairman Pro Tem 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 #678420 as there was no one present wishing to be heard on said sale. Carried 4-0.

Chairman called for bids on Real Estate Parcel #678420. Chester Claus bid $53.00 plus recording fees. There were no further bids

Motion by Batcheller second by Boykin to accept $53.00 bid for Real Estate Parcel #678420. Carried 4-0.

RESOLUTION OF THE BOARD OF SUPERVISORS OF WOODBURY COUNTY, IOWA #9048

BE IT RESOLVED by the Board of Supervisors of Woodbury County, Iowa, that the offer at public auction of Chester and Evelyn Claus, Husband and wife, as joint tenants with full rights of survivorship and not as tenants in common..

in the sum of FIFTY-THREE AND NO/100 ($53.00) Dollars for the following described real estate, to wit:

FIVE EIGHTS (5/8) ACRES IN NORTHWEST CORNER OF THE NORTHWEST QUARTER (NW ) OF THE NORTHEAST QUARTER (NE ) OF SECTION TWENTY-ONE (21), TOWNSHIP EIGHTY-SIX (86), NORTH RANGE FORTY-FOUR (44), WESTWOOD COMMUNITY LITTLE SIOUX, WOODBURY COUNTY, IOWA

now and included in and forming a part of the City of Smithland, Iowa the same is hereby accepted; said amount being a sum GREATER 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 Quitclaim Deed for the said premises to the said purchaser.

SO DATED this 5TH day of MAY, 1998.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Clausen second by Batcheller to approve a resolution by setting a public hearing for Sale of Mobile Home. Carried 4-0.

RESOLUTION #9049

NOTICE OF MOBILE HOME SALE

WHEREAS Woodbury County, Iowa is the owner under a tax title of a certain mobile home described as follows:

A 1968 Brown Marshfield Mobile Home, VIN #8676, 780.0 square feet, last located at 5309 Highway 75 N. Lot 354, City of Sioux City, Woodbury County, Iowa

Resolution #9049 contd.

WHEREAS, it is the desire of the Board of Supervisors of Woodbury County to place the aforesaid mobile home back on the tax rolls, and

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 19th day of May, 1998, at 10:15 oclock a.m. in the meeting room of the Board of Supervisors on the first floor of the Woodbury County Courthouse.

2. That said Board proposes to sell the said mobile home to Alan Loewen only on the 19th day of May, 1998, immediately following the closing of the public hearing.

3. That said Board proposes to sell the said mobile home to Alan Loewen only for the amount of $658.00, plus transfer of Title fees.

4. That this resolution, preceded by the caption Notice of Mobile Home Sale and except for this subparagraph 4 be published as notice of the aforesaid proposal, hearing and sale.

Dated this 5th day of May, 1998.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Larry Book, L & L Builder Co. addressed the Board about extending 190th St. off of Elk Creek Road. The consensus was to have Dick Storm, Secondary Roads, give additional information to Larry Book on the future plans of Elk Creek Road.

Dick Storm, Secondary Roads, discussed the request from Corner Stone Faith regarding Hwy. 20 Developments to extend the frontage road to the bypass. Dick Storm will talk to the City and get back to the Board. The City Planning and the Board will meet in August.

Motion by Batcheller second by Boykin to accept the recommendation of the County Engineer for the1998 Pavement Markings on various paved Woodbury County Roads to Vogel Traffic Services. Carried 4-0. Copy filed.

Nick Corey, addressed the Board about the Spring Creek Addition Plat.

Shelly Malcom, Zoning Commission also addressed the Board about the Spring Creek Addition Plat.

The consensus was to put this back on the May 26th Agenda to vote on with the full Board present.

Motion by Boykin second by Burnight to rescind Resolution #9047. Carried 4-0.

Motion by Boykin second by Burnight to authorize the Chairman Pro Tem to sign a calling for a Public Hearing on proposed Issuance of not to exceed $10,600,000 Health Care Facility Revenue Bonds on behalf of Siouxland Regional Cancer Center and setting a Public Hearing on Tuesday, May 26, 1998 at 10:40 A.M. Carried 4-0.

RESOLUTION NO. 9050

RESOLUTION CALLING FOR PUBLIC HEARING ON
PROPOSED ISSUANCE OF NOT TO EXCEED
$10,600,000 HEALTH CARE FACILITIES REVENUE
BONDS ON BEHALF OF SIOUXLAND REGIONAL
CANCER CENTER

WHEREAS, a proposal has been made to this Board of Supervisors by Siouxland Regional Cancer Center, an Iowa nonprofit corporation (referred to herein as the Borrower), to undertake the refinancing of a project pursuant to code of Iowa, Chapter 419, as amended (the Act); and

WHEREAS, the project to be refinanced consisted of the acquisition and construction of a cancer center in the City of Sioux City, including site improvements, furnishings and equipment (referred to as the Project), located at 230 Nebraska Street, Sioux City, Iowa, with the refinancing for the Project to be obtained through the issuance by the County of its tax-exempt and taxable revenue bonds, in two or more series, which revenue bonds are to be repaid solely and only through payments to be made by or on behalf of the Borrower; and

WHEREAS, the Act and other applicable provisions of law, including the Internal Revenue Code of 1986, as amended, require this Board of Supervisors to conduct a public hearing on the issuance of the tax-exempt and taxable bonds and to publish notice of said public hearing not less than 15 days prior to the date fixed for the hearing.

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

1. A public hearing shall be conducted by this Board of Supervisors on the issuance of said revenue bonds and on the Project, such hearing to be held on May 26, 1998 at 10:40 oclock A.M. at the County Courthouse in Sioux City, Iowa, at which hearing all parties who appear shall be given an opportunity to express their views with respect to said proposal.

2. Notice, of such public hearing, in substantially the form attached hereto as Exhibit A, shall be published at least once not less than 15 days prior to the date fixed for the hearing, in a newspaper having a general circulation in the County.

ADOPTED: April 28, 1998.

COUNTY OF WOODBURY, IOWA

Copy filed.

Motion by Clausen second by Boykin to set the Public Hearing of Woodbury County Budget #3 on Tuesday, May 26th at 10:30 A.M. Carried 4-0.

Motion by Boykin second by Batcheller to adjourn the meeting. Carried 4-0.

Motion by Boykin second by Clausen to open the Drainage Ditch Trustee Meeting. Carried 4-0.

Motion by Boykin second by Clausen to authorize the Chairman Pro Tem to sign and accept Sandhill-Lakeport Drainage Ditch Levy. Carried 4-0.

RESOLUTION ADOPTING AND LEVYING SPECIAL ASSESSMENT IN THE SANDHILL-LAKEPORT DRAINAGE DISTRICT

WHEREAS, the Board of Trustees of the Sandhill-Lakeport Inter-County Drainage District, in session on the 9th day of March, 1998, requested that the Board of Supervisors levy a special assessment of Five percent (5%) of the Original Assessment on all tracts of land, lots, public roads, and railroads in the Sandhill-Lakeport costs and expenses of repair and maintenance incurred.

NOW, THEREFORE, BE IT RESOLVED by the Joint Board of Supervisors of Monona and Woodbury Counties, Iowa, acting as a Drainage Board for the Sandhill-Lakeport Inter-County Drainage District, that there be and is hereby levied upon all tracts of land, lots, public roads, and railroads in the Sandhill-Lakeport Inter-County Drainage District of Monona and Woodbury Counties, Iowa, a special assessment in the amount of Five percent (5%) of the Original Assessment, and the Auditors of Monona and Woodbury Counties, Iowa, be directed and ordered to spread such levy upon said lands, to be collected under Section 468.55 in semi-annual installments in the same manner as general property taxes are collected pursuant to Section 445.36 in the year 1998-1999.

PASSED and APPROVED this 28th day of April, 1998, Board of Supervisors, Monona County, Iowa.

PASSED and APPROVED this 5th day of May, 1998, Board of Supervisors, Woodbury County, Iowa.

Copy filed.

Motion by Batcheller second by Clausen to authorize the Chairman Pro Tem to sign and accept McCandless Intercounty Drainage Ditch Levy. Carried 4-0.

RESOLUTION ADOPTING AND LEVYING SPECIAL ASSESSMENT IN THE MCCANDLESS INTERCOUNTY DRAINAGE DISTRICT

WHEREAS, the Board of Trustees of the McCandless Inter-County Drainage District, is session on the 15th day of April, 1998, requested that the Board of Supervisors levy a special assessment of Seventy-Five Percent (75%) of the Original Assessment on all tracts of land, lots, public roads, and railroads in the McCandless Inter-county Drainage District to procure funds from which to pay the costs and expenses of repair and maintenance incurred.

NOW, THEREFORE, BE IT RESOLVED by the Joint Board of Supervisors of Monona and Woodbury Counties, Iowa, acting as a Drainage Board for the McCandless Inter-County Drainage District, that there be and is hereby levied upon all tracts of land, lots, public roads, and railroads in the McCandless Inter-County Drainage District of Monona and Woodbury Counties, Iowa, a special assessment in the amount of Seventy-Five Percent (75%) of the Original Assessment, and the Auditors of Monona and Woodbury Counties, Iowa, be directed and ordered to spread such levy upon said lands, to be collected under Section 468.55 in semi-annual installments in the same manner as general property taxes are collected pursuant to Section 445.36 in the year 1998-1999.

PASSED and APPROVED this 28th day of April, 1998, Board of Supervisors, Monona County, Iowa.

PASSED and APPROVED this 5th day of May, 1998 Board of Supervisors, Woodbury County, Iowa

Copy filed.

Motion by Clausen second by Boykin to authorize the Chairman Pro Tem to sign and accept Woodbury/Monona Main Drainage Ditch Levy. Carried 4-0.

RESOLUTION ADOPTING AND LEVYING SPECIAL ASSESSMENT IN THE WOODBURY-MONONA INTERCOUNTY DRAINAGE DISTRICT

WHEREAS, the Board of Trustees of the Woodbury-Monona Inter-County Drainage District, in session on the 8th day of April, 1998, requested that the Board of Supervisors levy a special assessment of Seventy-Five percent (75%) of the Original Assessment on all tracts of land, lots, public roads, and railroads in the Woodbury Monona Inter-County Drainage District to procure funds from which to pay costs and expenses of repair and maintenance incurred.

NOW, THEREFORE, BE IT RESOLVED by the Joint Board of Supervisors of Monona and Woodbury Counties, Iowa, acting as a Drainage Board for the Woodbury-Monona Inter-County Drainage District, that there be and is hereby levied upon all tracts of land, lots, public roads, and railroads in the Woodbury-Monona Inter-County Drainage District of Monona and Woodbury Counties, Iowa, a special assessment in the amount of Seventy-Five Percent (75%) of the Original Assessment, and the Auditors of Monona and Woodbury Counties, Iowa, be directed and ordered to spread such levy upon said lands, to be collected under Section 468.55 in semi-annual installments in the same manner as general property taxes are collected pursuant to Section 445.36 in the year 1998-1999.

PASSED and APPROVED this 28th day of April, 1998, Board of Supervisors, Monona County, Iowa.

PASSED and APPROVED this 5th day of May, 1998 Board of Supervisors, Woodbury County, Iowa

Copy filed.

Motion by Boykin second by Clausen to adjourn the Drainage Ditch Trustee Meeting. Carried 4-0.

Motion by Boykin second by Batcheller to reopen the Board Meeting. Carried 4-0.

The Board adjourned the meeting until May 12, 1998.