Minutes - 2/2/1999

FEBRUARY 2, 1999 - TWENTY-NINETH MEETING OF THE BOARD OF SUPERVISORS
The Board of Supervisors met on Tuesday, February 2, 1999 at 9:00 A.M. Board members present were Batcheller, Boykin, Clausen, Walish 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 Welte second by Walish to approve the Board minutes of January 26, 1999 as submitted. Carried 4-0. Batcheller abstained.

Motion by Boykin second by Walish to approve the executive session of January 26, 1999 as submitted. Carried 4-0. Batcheller abstained.

There was open discussion period held by the Board.

There was discussion by J.D. Pellersels from Human Resources regarding Performance Evaluation Procedure and Form

Motion by Boykin second by Walish to set a public hearing for the sale of Parcel # 070140 for February 16th, 1999 at 10:15 a.m. Carried 5-0.

RESOLUTION #9145
NOTICE OF PROPERTY SALE

Parcel #070140

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

Lot A, Beverly Hills Addition, City of Sioux City, Woodbury County, Iowa (a.k.a. 4440 Curtis Street)

NOT 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 16th day of February, 1999, 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 16th day of February, 1999, 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 $53.00 plus recording fees.

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

Dated this 2nd day of February, 1999

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Welte second by Batcheller to set a public hearing for the sale of Parcels # 469590, 469605, 469620 for February 16th, 1999 at 10:16 a.m. Carried 5-0.

RESOLUTION #9146
NOTICE OF PROPERTY SALE

Parcels # 469590, 469605, 469620

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

Lot Seventeen (17) and Lot Eighteen (18) Block Four (4) Vacated Alley Between Lots One-Two (1-2) and Seventeen-Eighteen (17-18) Block Four (4), Vacated Woodbury Street Between Lots One-Two (1-2) Block Five (5) Lots Seventeen-Eighteen (17-18) Block Four (4) Except West Thirty Feet (W 30) Lot One (1) Lot Two (2) Block Five (5) Smith Villa Heights Addition, City of Sioux City, Woodbury County, Iowa

NOT 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 16th day of February, 1999, at 10:16 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 16th day of February, 1999, 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 $1,000.00 plus recording fees.

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

Dated this 2nd day of February, 1999

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

There was discussion of funding the odor clean up at the LEC.

Motion by Welte second by Batcheller to fund the expenditures for the cleanup from a general basic only insurance premium holiday and the balance from River boat funds. Carried 5-0.

Motion by Batcheller second by Welte to refer Barcelou Addition for subdividing to the Zoning Commission for recommendation. Carried 5-0.

Motion by Boykin second by Walish to refer David Smiths rezoning petition to the Zoning Commission for recommendation. Carried 5-0.

There was no action taken on Stanley Chartiers rezoning petition.

Motion by Boykin second by Walish to approve the agreement for COPS in school grant application submission. Carried 5-0.

There was discussion and consideration of a possible change order for missing light fixtures and the City Assessors office floor. The Board directed that the work was to proceed on the missing light fixtures in the old jail and the floor in the City Assessors office. The Board also directed that the change orders be brought to the board for formal approval.

Motion by Boykin second by Batcheller to fund the expenditures for the change orders from the Riverboat Fund. Carried 5-0.

There was discussion and consideration of MI and MR proposal received.

Motion by Boykin second by Batcheller to reject all requests for proposals received by the County for residential services currently provided to residents at Siouxland Residential Services, Inc. Carried 5-0

Motion by Batcheller second by Boykin to direct the Social Services Director to enter into negotiations with providers to provide those services requested and to bring proposals to the Board for approval in thirty days. Carried 5-0.

The Chairperson announced that this was the time and place for the public hearing and meeting on the matter of the authorization of a Loan Agreement and the issuance of $800,000 General Obligation Capital Loan Notes, Series 1999, in order to provide funds to pay costs of furnishing and remodeling the Trosper-Hoyt County Services Building, an Essential County Purpose, and that notice of the proposed action by the Board to institute proceedings for the authorization of the Loan Agreement and the issuance of the Notes, had been published pursuant to the provisions of Sections 331.402 and 331.443 of the City Code of Iowa, as amended.

The Chairperson then asked the Auditor whether any written objections had been filed by any county resident or property owner to the proposal. The Auditor advised the Chairperson and the Board that zero written objections had been filed. The Chairperson then called for oral objections to the proposal and zero were made.

Motion by Boykin second by Welte to close the Public Hearing on the Issuance of $800,000 General Obligation Capital Loan Note, Series 1999. Carried 5-0.

The Board then considered the proposed action and the extent of objections thereto.

The Public Hearing was held at 11:03 a.m. on the Authorization of a Loan Agreement and the Issuance of Notes to evidence the Obligation of the Obligator. The Chairman called on anyone wishing to be heard.

Motion by Welte second by Walish to close the Public Hearing on the Authorization of a Loan Agreement and the Issuance of Notes to evidence the Obligation of the Obligator. Carried 5-0.

Whereupon, Board Member Boykin introduced and delivered to the Auditor the Resolution hereinafter set out entitled 'RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF $800,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 1999' and moved that the Resolution be adopted. Board Member Welte seconded the motion. Carried 5-0.

Whereupon, the Chairperson declared the measure duly adopted.

RESOLUTION #9147
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF $800,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 1999

WHEREAS, pursuant to notice published as required by law, this Board has held a public meeting and hearing upon the proposal to institute proceedings for the authorization of a Loan Agreement and the issuance of $800,000 General Obligation Capital Loan Notes, Series 1999, for the purpose of paying costs of furnishing and remodeling the Trosper-Hoyt County Services Building, and has considered the extent of objections received from residents or property owners as to said proposal and, accordingly the following action is now considered to be in the best interests of the County and residents thereof:

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF WOODBURY COUNTY, STATE OF IOWA:

Section 1. That this Board does hereby institute proceedings and takes additional action for the authorization of a Loan Agreement and issuance in the manner required by law of $800,000 General Obligation Capital Loan Notes, Series 1999, to evidence the obligation thereof for the foregoing purpose.

Section 2. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150﷓2, because the County reasonably expects to reimburse with the proceeds of the Notes, all or a portion of original expenditures incurred in connection with the above purpose.

PASSED AND APPROVED this 2ND day of FEBRUARY, 1999.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

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

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

Motion by Walish second by Batcheller to accept the recommendation of the attorneys representing the county in litigation relating to request for mental health services. Carried 5-0.

Motion by Boykin second by Batcheller to go into Executive Session per Iowa Code 21.5 (1)(c). 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.

Motion by Welte second by Walish to approve the recommendation of the attorneys representing the county in litigation relating to a false arrest claim. Carried 5-0.

Motion by Walish second by Welte to go into Executive Session per Iowa Code 21.5 (1)(c). 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.

Motion by Batcheller second by Boykin to go into Executive Session per Iowa Code 21.5 (1)(c). Carried 5-0 on roll call vote.

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

There was discussion of budget requests.

Motion by Clausen second by Boykin to remove from the budget a $140,000 request for liability insurance. Failed 1-4 Clausen aye.

Motion by Boykin second by Batcheller to move the planning and zoning budget from the general service fund to the rural basic fund. Carried 5-0.

Motion by Batcheller second by Walish to remove from the budget a $35,000 request for a PC replacement fund. Carried 5-0.

Motion by Batcheller second by Boykin to move a request for an air conditioning unit for W.C.I.C.C. from the general basic fund to be funded from Riverboat Funds. Carried 5-0.

Motion by Boykin second by Batcheller to reduce the County Attorneys budget by $15,000. Carried 5-0.

Motion by Boykin second by Walish to move a request from the County Attorneys Budget for $12,375 to be funded from Riverboat funds. Carried 5-0.

There was discussion of revenues, expenditures, cash balance and tax levies.

The Board approved the County Recorders Report ending 12/31/98. Copy filed.

The Board approved the County Sheriffs Civil Division report ending 12/31/98. Copy filed.

The Board adjourned the regular meeting until February 9, 1999.