Minutes - 11/3/1998

NOVEMBER 3, 1998 SEVENTEENTH MEETING OF THE BOARD OF SUPERVISORS
The Board of Supervisors met on Tuesday, November 3, 1998 at 9:00 A.M. Board members present were Batcheller, Boykin, Burnight, Clausen, and Welte. Staff members present were Nancy Hodge, Board Administrative Coordinator; Ann Long, Assistant County Attorney; and Patrick F. Gill, County Auditor/Board Secretary.

The Claims were approved as presented.

Meeting called to order.

Motion by Batcheller second by Burnight to approve the Regular Board Minutes of October 27, 1998 as submitted. Carried 4-0. Welte abstained.

Motion by Clausen second by Batcheller to approve the proposed numbers of positions for the Auditor and Recorder Department as submitted in a report dated October 29, 1998. Carried 5-0.

Motion by Clausen second by Boykin to authorize the Chairman to sign the Authorization To Initiate Hiring Process, R.E. Clerk II, County Auditor/Recorder, AFSCME Courthouse/Grad 4, Step 1: $8.63/hour. Carried 5-0.

Consensus on the safety issue was to discontinue the verbal agreement with Salem Safety Services.

Motion by Burnight second by Clausen to set a public hearing for the sale of Parcel #008775 for November 17, 1998 at 10:15 am. Carried 5-0.

RESOLUTION #9125
NOTICE OF PROPERTY SALE
Parcel 008775

WHEREAS Woodbury County, Iowa is the owner under a tax deed of a certain parcel of real estate described as:

North Twenty-six Feet and Four Inches (N 264) of Lot Eighteen (18) in Block thirty-one (31) of the Sioux City Addition, City of Sioux City, Woodbury County, Iowa (a.k.a 121 Perry Street)
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 17th day of November, 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 parcel of real estate at a public auction to be held on the 17th day of November, 1998, immediately following the closing of the public hearing.

3. That said Board proposes to sell the said real estate to the highest bidder at or above a total minimum bid of $200.00 plus recording fees.

4. That this resolution, preceded by the caption Notice of Property Sale and except for this subparagraph 4 be published as notice of the aforesaid proposal, hearing and sale.
Dated this 3rd day of November, 1998.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Batcheller second by Boykin to authorize the Chairman to sign a letter to the Federal Emergency Management Agency regarding open space use. Carried 5-0.

Motion by Boykin second by Batcheller to approve the request for an extension for relocation of a house in the 404 hazard mitigation project. Carried 5-0.

George Cox answered questions regarding a subdivision waiver request for Norma Cox from concerned neighbors and board members.

Motion by Batcheller second by Boykin to approve a subdivision waiver request for Norma Cox. Carried 5-0.

Motion by Boykin second by Batcheller to refer Don Foremans subdivision request to the Zoning Commission for recommendation.

Motion by Clausen second by Batcheller to designate a section of County Route L-14 and D-12 a snowmobile route. Carried 5-0.

WOODBURY COUNTY, IOWA

RESOLUTION # 9134

RESOLUTION DESIGNATING SNOWMOBILE TRAILS

WHEREAS, POWDER PLAYERS, INC. SNOWMOBILE CLUB, has requested that the WOODBURY COUNTY BOARD OF SUPERVISORS, designate the following portions of Woodbury County roadway to be used as snowmobile trails; L-14 from the Plymouth County Line to D-12 and D-12 from Highway 140 East to the West city limits of Pierson, Iowa, AND;

WHEREAS, Chapter 321G of the Code of Iowa allows the WOODBURY COUNTY BOARD OF SUPERVISORS to designate portions of roadway for snowmobile trail use for a specified period of time, AND;

WHEREAS, in accordance with Chapter 321G.9 of the Code of Iowa, the WOODBURY COUNTY BOARD OF SUPERVISORS has evaluated the traffic patterns of the roadways requested to be designated as snowmobile trails and has determined that a designated snowmobile trail on portions of said roadways will not unduly interfere with traffic or constitute a traffic hazard, AND;

WHEREAS, Section 321G.28 of the Code of Iowa does not require approval from the Iowa Department of Transportation for merely designating a portion of a county roadway as a snowmobile trail, AND;

WHEREAS, the WOODBURY COUNTY BOARD OF SUPERVISORS has agreed to designate the requested portions of Woodbury County roadways as snowmobile trails, AND;

WHEREAS, the POWDER PLAYERS INC. SNOWMOBILE CLUB agrees to sponsor said snowmobile trails, AND;

WHEREAS, the POWDER PLAYERS INC. SNOWMOBILE CLUB agrees to provide all designations and signs to be erected along said trails for the use of the club members, AND;

WHEREAS, the POWDER PLAYERS INC. SNOWMOBILE CLUB agrees to place and maintain any signs necessary to warn traffic of the operation of snowmobiles along said trails and roadways, AND;

WHEREAS, POWDER PLAYERS INC. SNOWMOBILE CLUB agrees that all members and any guest or associates using said designated trail shall comply with the provisions of Chapter 321G of the Code of Iowa and further agree that any violations of said Code Chapter shall be considered grounds for terminating the designation of said snowmobile trail, AND;

WHEREAS, POWDER PLAYERS INC. SNOWMOBILE CLUB agrees to hold and save WOODBURY COUNTY harmless from any and all liability resulting from injuries, loss or damages, including damages to equipment, of any kind to club members, guests or other persons using said snowmobile trail, or those whose injuries or damages are a result of the use of said trails by members, guests, or other persons using said snowmobile trail, AND;

WHEREAS, POWDER PLAYERS INC. SNOWMOBILE CLUB shall submit proof of insurance coverage, covering all persons participating in any club activities on or along the designated snowmobile trails to the Woodbury County Auditor within fifteen days of the passage of this resolution and agrees that failure to do so shall constitute grounds for the Board of Supervisors revoking this resolution.

WHEREAS, WOODBURY COUNTY does not warrant the condition of the county road right-of-way which will be designated as a snowmobile trail to be fit for any particular purpose nor, does it warrant against any hazards that may exist as a result of snow plowing or other necessary road work on the public road along side said trail.

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

1. The following roadway is hereby designated as a snowmobile trail for the
POWDER PLAYERS INC. SNOWMOBILE CLUB and may be used for
snowmobile operation from December 1, 1998 through March 31, 1999:

a. L-14 from Plymouth County Line to D-12, and
b. D-12 from Highway 140 East to the West City limits of
Pierson, Iowa.

SO RESOLVED this 3rd day of November, 1998

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Burnight second by Batcheller to vacate a section of 150th Street in Section 25 T89-R45W Banner Township. Carried 5-0.

RESOLUTION #9127

A RESOLUTION VACATING AND CLOSING ROAD

WHEREAS, The Woodbury County Board of Supervisors in accordance with Section 306.11(Code of Iowa 1997), as amended, on October 27, 1998 held a public hearing on the proposed vacation and closure of Woodbury County Secondary Road, described as follows:

That portion of 150th Street established as Road No. 216 beginning at the N Section 36-89-45 proceeding northerly to NE Corner of SW SW Section 25-89-45 and then easterly approximately 250 feet.

WHEREAS, No objections were received either in writing or by persons present.

NOW THEREFORE BE IT RESOLVED by the Woodbury County Board of Supervisors that the subject section of road be ordered vacated and closed.

DATED this 3rd day of November 1998.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Batcheller second by Boykin to vacate secondary road property in Section 17 T89N-R42W Union Township. Carried 5-0.

RESOLUTION #9131

A RESOLUTION VACATING SECONDARY ROAD DEPARTMENT PROPERTY

WHEREAS, The Woodbury County Board of Supervisors in accordance with Section 306.11(Code of Iowa 1997), as amended, on October 27, 1998 held a public hearing on the proposed vacation of Woodbury County Secondary Road Department property described as follows:

That portion of county property used as a gravel pit (5.906 acres) and access road
(0.614 acres) located in the NE Section 17-89-42.

WHEREAS, No objections were received either in writing or by persons present.

NOW THEREFORE BE IT RESOLVED by the Woodbury County Board of Supervisors that the subject section of property be ordered vacated.

DATED this 3rd day of November 1998.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Burnight second by Batcheller to vacate a section of Benton Avenue between Section 31 and 32 T89N-R46W Concord Township. Carried 5-0.

RESOLUTION #9128

A RESOLUTION VACATING AND CLOSING ROAD

WHEREAS, The Woodbury County Board of Supervisors in accordance with Section 306.11(Code of Iowa 1997), as amended, on October 27, 1998 held a public hearing on the proposed vacation and closure of a portion of Woodbury County Secondary Road, described as follows:

That portion of Benton Avenue established as Road No. 872 beginning at U.S. 20 and proceeding northerly between Sections 31 and 32-89-46 to 158th Street.

WHEREAS, No objections were received either in writing or by persons present.

NOW THEREFORE BE IT RESOLVED by the Woodbury County Board of Supervisors that the subject section of road be ordered vacated and closed.

DATED this 3rd day of November 1998.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Boykin second by Burnight to vacate a section of Road 25 and 26 in Section 29 T86N-
R46W Sloan Township. Carried 5-0.

RESOLUTION #9130

A RESOLUTION VACATING AND CLOSING ROAD

WHEREAS, The Woodbury County Board of Supervisors in accordance with Section 306.11(Code of Iowa 1997), as amended, on October 27, 1998 held a public hearing on the proposed vacation and closure of a portion of Woodbury County Secondary Road, described as follows:

That portion of county road established as Road No. 25 and 26 between Section 29 and 32-86-46 from west ROW of Union Pacific RR (formerly Chicago and NW RR) westerly 165.5 feet to east ROW of the elevator access.

WHEREAS, No objections were received either in writing or by persons present.

NOW THEREFORE BE IT RESOLVED by the Woodbury County Board of Supervisors that the subject section of road be ordered vacated and closed.

DATED this 3rd day of November 1998.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Boykin second by Welte to approve the expenditure for the repair of a bridge on Route K-64 (Haskell Avenue) over McElhaney Creek. Carried 4-1. Batcheller voted no.

Motion by Batcheller second by Burnight to approve quotes for bridge repair at Section 18 and 20 in Union Township for $4,880 and at Sections 29 and 30 in Grant Township for $13,800.

Motion by Clausen and second by Boykin to approve plans for project BRS-97(41)6097.
Carried 5-0.

Motion by Burnight and second by Boykin to approve plans for project SBRFM-97(34)5D-97. Carried 5-0.

Motion by Boykin second by Clausen to authorize the Chairman to sign Natural Resources Conservation Services (NRCS) Grant Agreement #DSR 6318 for Ten (10) Sites. Carried 5-0.

Motion by Clausen second by Batcheller to adjourn the regular board meeting to convene a Drainage Ditch Trustees Meeting. Carried 5-0.

Motion by Clausen second by Boykin to approve a resolution setting a public hearing for Orton Slough to approve a commissioners report regarding reclassification of lands affected by improvements for December 22, 1998. Carried 5-0.

ORTON SLOUGH DRAINAGE DISTRICT

RESOLUTION #9126

RESOLUTION APPROVING COMMISSIONERS REPORT

RE CLASSIFICATION AND FIXING TIME AND PLACE OF HEARING

WHEREAS, the Woodbury County Board of Supervisors, as the governing body of the Orton Slough Drainage District, did appoint Commissioners to reclassify the lands affected by the projected improvements in the said drainage district; and

WHEREAS, said Commissioners did qualify and have now completed the report entitled Reclassification of certain tracts of land in the Southwest Quarter (SW ) of Section Twenty One (21), Township Eighty Seven (87) North, Range Forty Seven (47) West of the Fifth (5th) Principal; Meridian, Woodbury County, Iowa which receive benefits from improvements of the Orton Slough Drainage District which has been filed with the Woodbury County Auditor; and

WHEREAS, the said Board of Supervisors finds that said report of Commissioners should be tentatively approved and that time and place of hearing upon the report should be served as provided by statute.

NOW, THEREFORE, IT IS HEREBY RESOLVED that the report of the Commissioners to reclassify the lands in the Orton Slough Drainage District be and the same is hereby tentatively approved.

IT IS FURTHER RESOLVED that said report shall come on for hearing as required by Section 468.45 of the 1997 Code of Iowa, on the 22nd day of December, 1998 at 10:30 A.M. CST, and the Woodbury County Auditor is hereby directed to cause notice to be served as required by law. This Resolution is in lieu of that Resolution dated October 13, 1998.

DATED this 3rd day of November 1998.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

There was a discussion of the Wolf Creek Drainage Ditch and pumping district problems.

Motion by Clausen and second by Burnight to adjourn the Drainage Ditch Meeting. Carried 5-0.

Motion by Clausen second by Batcheller to approve an amendment to the Siouxland Mental Health Case Management Contract. Carried 5-0.

Motion by Boykin second by Burnight to approve a resolution setting a public hearing at 10:30 am on December 1, 1998 on the intention to issue health care facility revenue bonds (Opportunities Unlimited Project) and authorize the Chairman to sign. Carried 5-0.

RESOLUTION #9129

A RESOLUTION REGARDING THE ISSUANCE OF NOT TO EXCEED $3,000,000 IN
AGGREGATE PRINCIPAL AMOUNT OF HEALTH CARE FACILITY REVENUE BONDS
(OPPORTUNITIES UNLIMITED PROJECT) OF WOODBURY COUNTY, IOWA,
DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE, CALLING A PUBLIC HEARING ON THE PROPOSAL TO ISSUE SAID BONDS, AUTHORIZING EXECUTION OF A MEMORANDUM OF AGREEMENT AND DECLARING AN OFFICIAL INTENT TO REIMBURSE

WHEREAS, the County of Woodbury, Iowa (the Issuer) is a municipal corporation organized and existing under the Constitution and laws of the State of Iowa, and is authorized and empowered by Chapter 419 of the Code of Iowa (the Act), to issue revenue bonds and loan the proceeds from the sale of said bonds to one or more parties to be used to defray all or a portion of the cost of acquiring, constructing, improving and equipping a project, as that term is defined in the Act, including land, buildings and improvements suitable for use as a facility for an organization described in Section 501(1)(3) of the Internal Revenue Code which is exempt from federal income tax under Section 501(a) of the Internal Revenue Code (a Tax Exempt Organization) and to retire any existing indebtedness on a facility for a Tax Exempt Organization; and

WHEREAS, the Issuer has been requested by Opportunities Unlimited, an Iowa nonprofit corporation (the Borrower), to authorize and issue its Health Care Facility Revenue Bonds pursuant to the provisions of the Act for the purpose of defraying all or a portion of the cost of (i ) constructing and equipping a facility to provide clinical, rehabilitative and recreational therapies for disabled adults and the administrative headquarters for the Borrowers to be located on the corner of 35th Street and Glen Oaks Blvd. in Sioux City, Iowa (the Project) and (ii) paying costs of issuance of the Bonds and other related costs; and

WHEREAS, the Issuer has determined that the amount necessary to finance the cost of the Project, including necessary expenses incidental thereto, will require the issuance by the Issuer of not to exceed $3,000,000 aggregate principal amount of its Health Care Facility Revenue Bonds (the Bonds) pursuant to the provisions of the Act, and it is proposed that the Issuer loan said amount to the Borrower under a Loan Agreement between the Issuer loan said amount to the Borrower under a Loan Agreement between the Issuer and Borrower pursuant to which loan payments will be made by the Borrower in amounts sufficient to pay the principal of, interest and premium, if any, on said Bonds, as and when the same shall be due; 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, the Borrower wishes to proceed with the Project and reasonably expects to pay costs of the Project prior to the issuance of the Bonds and wishes to reimburse original expenditures paid from its own funds with proceeds of the Bonds, and in order to comply with Treasury Regulation 1.150-2, it is necessary for the Issuer to declare an official intent to reimburse original expenditures paid by the Borrower from its own funds with proceeds of the Bonds; and

WHEREAS, there has been presented to the Board of Supervisors (the Governing Body) a Memorandum of Agreement, attached hereto as Exhibit A which sets forth certain mutual undertakings and agreements between the Issuer and the Borrower, relating to the further processing and issuance of said Bonds, and the Issuer believes it desirable and in its best interest that said Memorandum of Agreement be executed for and on behalf of the Issuer; and

WHEREAS, before the Bonds may be issued, it is necessary to conduct a public hearing on the proposal to issue the Bonds, all as required and provided by Section 419.9 of the Act and Section 147(f) of the Internal Revenue Code of 1986, as amended (the Code).

NOW, THEREFORE, Be It and It Is Hereby Resolved by the Governing Body of the Issuer as follows:

Section 1. A public hearing shall be conducted on December 1, 1998, at 10:30 a.m., before this Governing Body in the Woodbury County Courthouse Boardroom, 620 Douglas Street, Sioux City, Iowa, on the proposal to issue not to exceed $3,000,000 aggregate principal amount of the Issuers Health Care Facility Revenue Bonds (Opportunities Unlimited Project) pursuant to the provisions of the Act, for the purpose of defraying all or part of the cost of financing the Project, including necessary expenses incidental thereto, and all local residents who appear at said hearing shall be given an opportunity to express their views for or against the proposal to issue such Bonds; and at said hearing, or any adjournment thereof, this Governing Body shall adopt a Resolution determining whether or not to proceed with the issuance of said Bonds.

Section 2. The County Auditor of the Issuer is hereby directed to publish one time, not less than 15 days prior to the date fixed for said hearing, in a legal newspaper published and having a general circulation within the Issuer, a Notice of Intention to issue said Bonds in substantially the following form:

NOTICE OF PUBLIC HEARING ON INTENTION TO ISSUE

HEALTH CARE FACILITY REVENUE BONDS

(OPPORTUNITIES UNLIMITED PROJECT)

Notice is hereby given that a public hearing will be conducted before the Board of Supervisors of the County of Woodbury, Iowa (the Issuer), in the Woodbury County Courthouse Boardroom, 620 Douglas Street, Sioux City, Iowa, in said County at 10:30 a.m., on December 1, 1998, on the proposal to issue not to exceed $3,000,000 aggregate principal amount of the Countys Health Care Facility Revenue Bonds (Opportunities Unlimited Project) (the Bonds) and to loan said amount to Opportunities Unlimited (the Borrowers), pursuant to the provisions of Chapter 419 of the Code of Iowa, for the purpose of defraying all or a portion of the cost of (i) constructing and equipping a facility to provide clinical, rehabilitative and recreational therapies for disabled adults and the administrative headquarters for the Borrower to be located on the corner of 35th Street and Glen Oaks Blvd. in Sioux City, Iowa (the Project) and (ii) paying costs of issuance of the Bonds and other related costs. It is contemplated that a Loan Agreement will be entered into between the Issuer and the Borrower, under which the Issuer will loan to said Borrower the proceeds from the sale of the Bonds in return for loan payments from the Borrower sufficient to pay the principal of, interest and premium, if any, on such Bonds as the same shall fall due.

Such 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 the Issuer or a charge against its general credit or taxing powers.

All local residents who appear at the hearing shall be given an opportunity to express their views for or Against the proposal to issue the Bonds, and at the hearing, or any adjournment thereof, the Board of Supervisors of the Issuer shall adopt a resolution determining whether or not to proceed with the issuance of the Bonds.

By Order of the Board of Supervisors.

County Auditor

Section 3. Based upon representation of the Borrower, it is reasonably expected that original expenditures for Project costs will be paid from the Borrowers own funds prior to the issuance of the Bonds and the Issuer hereby declares an official intent in accordance with Treasury Regulation 1.150-2 to reimburse such original expenditures with proceeds of the Bonds.

Section 4. That in order to assure that the Project can go forward, it is deemed necessary and advisable that the Memorandum of Agreement, in the form attached hereto as Exhibit A, be approved and that the Chairperson of the Issuer be and hereby is authorized and directed to execute said Memorandum of Agreement and the County Auditor of the Issuer be and hereby is authorized to attest the same and to affix the seal of the Issuer thereto and said Memorandum of Agreement is hereby made a part of this Resolution.

Section 5. That officials of the Issuer are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement.

Section 6. 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.

DATED this November 3, 1998.

CHAIRPERSON, BOARD OF SUPERVISORS

Copy filed.

Motion by Clausen second by Burnight to approve and authorize the Chairman to sign a memorandum of agreement between the issuer and borrower for the benefit of Opportunities Unlimited. Carried 5-0.

There was a discussion of transfer of courthouse foundation funds to an approved financial institution and a consensus was to get a recommendation from the foundation.

Motion by Welte second by Batcheller to go into an Executive Session #1 under Section 21.5(1)(c) of the Iowa Code for legal settlement litigation. Carried 5-0 on roll call vote.

Motion by Clausen second by Batcheller to go out of Executive Session #1 under Section 21.5(1)(c) of the Iowa Code. Carried 5-0 on roll call vote.

Motion by Clausen second by Batcheller to go into Executive Session #2 under Section 21.5(a)(c) of the Iowa Code for possible settlement and release of liability. Carried 5-0 on roll call vote.

Motion by Clausen second by Batcheller to out of Executive Session #2 under Section 21.5(a)(c) of
the Iowa Code. Carried 5-0 on roll call vote.

The Board approved the Recorders 1st Quarter Report, 7/01/98 to 9/30/98. Copy filed.

The Board meeting adjourned until November 10th, 1998.