Minutes - 4/6/1999

APRIL 6, 1999 THIRTY-EIGHTH MEETING OF THE BOARD OF SUPERVISORS
The Board of Supervisors met on Tuesday, April 6, 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 Boykin second by Welte to approve the Board minutes of March 30, 1999 as submitted. Carried 5-0.

There was open discussion period held by the Board.

The Board approved the reclassification of Kent W. Roepke, Ct. Security Officer, County Sheriff, @$14.00/hr., effective 4/19/99. Per DSA Contract agreement, from 1st Class to Senior Class. Copy filed.

The Board approved the reclassification of Diana L. Tritz, M.V. Clerk II, County Treasurer, @$11.47/hr., effective 4/18/99. Per AFSCME Courthouse Contract agreement, from Grade 4.5, Step 5 to Grade 4.5, Step 6. Copy filed.

There was discussion of Countys 1999 Picnic.

Motion by Batcheller second by Welte to approve an expenditure of up to $2,000 for the county picnic. Carried 5-0.

The Public Hearing and sale of Real Estate Parcel #032910 was held at 10:15 A.M. The Chairman called on anyone wishing to be heard on said sale.

Motion by Welte second by Boykin to close the Public Hearing on the sale of Real Estate Parcel #032910 as there was no one present wishing to be heard on said sale. Carried 5-0.

Chairman called for bids on Real Estate Parcel #032910. Eugene V. Sherman bid $250.00 plus recording fees. There were no further bids.

Motion by Batcheller second by Walish to accept Eugene V. Shermans $250.00 bid for Real Estate Parcel #032910 plus recording fees. Carried 5-0.

RESOLUTION OF THE BOARD OF SUPERVISORS OF WOODBURY COUNTY, IOWA #9178

BE IT RESOVED by the Board of Supervisors of Woodbury County, Iowa, that the offer at public auction of: EUGENE V. SHERMAN

in the sum of TWO HUNDRED FIFTY AND NO/100 ($250.00) Dollars for the following described real estate to wit:

North Fifteen Feet (N 15) East One Hundred Feet (E 100) Lot Eight (8) Block One Hundred Three (103) Sioux City East Addition, City of Sioux City, Woodbury County, Iowa

Resolution #9178 Contd.

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 EQUAL 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 6th day of April 1999.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

The Public Hearing and sale of a 1978 Cottage home Mobile Home, Vin #6743Rl was held at 10:16 A.M. The Chairman called on anyone wishing to be heard on said sale.

Motion by Boykin second by Welte to close the Public Hearing on the sale of the 1978 Cottage home Mobile Home to Ida Grove Home Sales only as there was no one present wishing to be heard on said sale. Carried 5-0.

Motion by Boykin second by Welte to accept bid for the 1978 Cottage home Mobile Home from Ida Grove Home Sales only for $100.00 plus recording fees. Carried 5-0.

RESOLUTION OF THE BOARD OF SUPERVISORS OF WOODBURY COUNTY, IOWA #9179

BE IT RESOVED by the Board of Supervisors of Woodbury County, Iowa, that the offer at public auction of: IDA GROVE HOME SALE

in the sum of ONE HUNDRED AND NO/100 ($100.00) Dollars for the following described Mobile Home to wit:

A 1978 Cottage home 41 X 24 VIN #6743 RL, 984.0 Sq. Footage,

The same is hereby accepted.

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).

Resolution #9179 Contd.

BE IT FURTHER RESOLVED that the Tax Title will be assigned for the said mobile home to the said purchaser.

SO DATED this 6th day of April 1999.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Batcheller second by Walish to set a Public Hearing for Sale of property to clear an alleged cloud on the title created by tax deeds to Woodbury County. Carried 5-0.

RESOLUTION #9180
NOTICE OF PROPERTY SALE

WHEREAS Woodbury County, Iowa is the alleged owner under Treasurers Tax Deeds of a certain parcel of real estate described as:

Lot Seven (7), Lot Eight (8), Lot Nine (9), Ten (10), Eleven (11) and Twelve (12) in Block Twenty-five (25) of Middle Addition, City of Sioux City, Woodbury County, Iowa

WHEREAS, these Treasurers Tax Deeds have placed a possible cloud on the title of the above-mentioned real property, and Woodbury County has been requested to issue a Quit Claim Deed to Plymouth Block Development Co., L.C., to lift this possible could on the title;

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 20th day of April, 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 on the 20th day of April, 1999, immediately following the closing of the public hearing, to Plymouth Block Development Co, L.C. Only.

3. That said Board proposes to sell the said real estate to Plymouth Block Development Co., L.C. for $1.00 and other valuable considerations 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 6th day of April, 1999

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Boykin second by Batcheller to approve and authorize Chairman to sign Change order #6 for Courthouse Restoration Project, Phase III. Carried 5-0. Copy filed.

Motion by Welte second by Walish to approve and authorize Chairman to sign Change order #7 for Courthouse Restoration Project, Phase III. Carried 5-0. Copy filed.

Motion by Welte second by Batcheller to appoint Dick Storm as the Woodbury County representative to the Hungry Canyons Alliance Board of Directors. Carried 5-0.

Motion by Welte second by Boykin to appoint Art Ralston as the Woodbury County representative to the Loess Hills Development & Conservation Authority Board of Directors. Carried 5-0.

Motion by Welte second by Boykin to authorize Chairman to sign application for use of Highway Right-of-Way for Underground Tile Line facility. Carried 5-0. Copy filed.

Motion by Batcheller second by Boykin to adopt and approve FY 1999-2000 Secondary Road budget. Carried 5-0.

Motion by Boykin second by Welte to approve and authorize Chairman to sign Change Order #8 for Courthouse Restoration Project, Phase III to be funded out of Riverboat funds. Carried 5-0. Copy filed.

Motion by Batcheller second by Boykin to approve and authorize Chairman to sign Change Order #2 for remodeling of Trosper-Hoyt County Services Buildings Third Floor. Carried 5-0. Copy filed.

There was discussion of request for the Board of Supervisors to adopt a resolution declaring non-binding intention to issue Industrial Revenue Bonds on behalf of Mercy Housing, Inc., for affordable housing project.

Motion by Batcheller second by Boykin to approve resolution declaring non-binding intention to issue Industrial Revenue Bonds on behalf of Mercy Housing, Inc., for affordable housing project. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION #9181

RESOLUTION OF THE BOARD OF SUPERVISORS OF WOODBURY COUNTY, IOWA GRANTING PRELIMINARY APPROVAL TO THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS IN AN AGGREGATE PRINCIPAL AMOUNT OF APPROXIMATELY $2,400,000 TO FINANCE AN AFFORDABLE HOUSING PROJECT FOR MERCY HOUSING INC.

WHEREAS, Woodbury County, Iowa (the Issuer) is authorized by Chapter 419 of the Iowa Code Annotated, the Municipal Support of Industrial Projects Act (the Act), to issue limited obligation revenue bonds and loan the proceeds thereof to finance facilities for organizations described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the Code), which are exempt from federal income tax under Section 501(a) of the Code; and

Resolution # 9181 Contd.

WHEREAS, Mercy Housing, Inc. (Mercy), a nonprofit corporation described in Section 501(c)(3) of the Code which is exempt from federal income tax under Section 501(a) of the Code, has requested that the Issuer indicate its willingness to issue approximately $2,400,000 of its limited obligation revenue bonds ( the Bonds), to be purchased by the investment banking firm of Kirkpatrick Pettis Smith Polian, Inc., and use the proceeds thereof to finance a loan to Mercy or a controlled affiliate thereof constituting a nonprofit corporation described in Section 501(c)(3) of the Code (the Borrower) to provide funds to finance the acquisition and rehabilitation of 108 units of multifamily housing located at 221 Gibson in Sioux City in Woodbury County to preserve them as affordable housing units (the Project); and

WHEREAS, in furtherance of the purposes of the Act, the Issuer is preliminarily considering the issuance of the Bonds, the proceeds of which will be used to finance a loan to the Borrower to assist the Borrower in the acquisition and rehabilitation of the Project; and

WHEREAS, it is intended that the Issuer take official action within the meaning of the applicable provisions of the Code and any regulations promulgated thereunder for the purpose of issuing the Bonds in the approximate amount of $2,400,000, for the purpose of acquiring and rehabilitating the Projectile.

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

Section 1. Preliminary Approval. The issuance of the Bonds as described above for the purpose of financing a loan to the Borrower to allow the Borrower to acquire and rehabilitate the Project as affordable housing is hereby preliminarily approved.

Section 2. Conditions. The preliminary approval of Section 1 does not obligate the Issuer to finally approve the issuance of said Bonds. Final approval of the issuance of the Bonds can be authorized only by subsequent Board action, which may contain such conditions thereto as the Board may deem appropriate. The Board in its absolute discretion may refuse to finally authorize the issuance of the Bonds and shall not be liable to the Borrower or any other applicant for its refusal to do so.

Section 3. Prior Resolutions. All provisions of prior resolutions, or parts thereof, in conflict with the provisions of this Resolution are, to the extent of such conflicts, hereby repealed.

Section 4. Effectiveness. This Resolution shall be effective immediately. PASSED, ADOPTED AND APPROVED on April 6, 1999.

Woodbury County Board of Supervisors

Copy filed.

There was discussion of possible policy change for Woodbury County, and Information and Communications (Communication Center) Service to Sergeant Bluff Board Members, Personnel, City of Sergeant Bluff, and Glenn Sedivy.

Five Minute Recess

Motion by Boykin second by Batcheller to go into Executive Session per Iowa Code Section 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 a roll call vote.

Motion by Batcheller second by Boykin to go into Executive Session per Iowa Code Section 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 a roll call vote.

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

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

Motion by Walish second by Boykin to accept the recommendation of the Boards Legal Counsel to join class action litigation against Wellmark Blue Cross & Blue Shield. Carried 5-0.

An executive session was requested by an employee.

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

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

The Board adjourned the regular meeting until April 13, 1999.