Minutes - 5/25/1999

MAY 25, 1999 FORTY FIFTH MEETING OF THE BOARD OF SUPERVISORS
The Board of Supervisors met on Tuesday, May 25, 1999 at 9:00 A.M. Board members present were Batcheller, Boykin, Clausen, Walish, and Welte. Staff members present were John Rusch, Board Legal Council, Karen James, Executive Secretary/Public Bidder, and Vicki Ritz, Deputy Commissioner of Elections.

The Claims were approved as presented.

There was open discussion period held by the Board.

Meeting called to order.

Motion by Batcheller second by Walish to approve the Board minutes of May 18, 1999 as submitted. Carried 5-0.

Motion by Welte second by Boykin to approve the Executive Session Board Minutes of May 11, 1999 as submitted. Carried 5-0.

Motion by Welte second by Boykin to appoint Art Ralston as representative to the Loess Hills Development & Conservation Authority and Dick Storm as representative to the Hungry Canyons Alliance Board. Carried 5-0.

The Board approved the appointment of Matt L. Todd, Temporary Laborer, Secondary Roads, @$7.00/hr., effective 5/24/99. Not to exceed 120 days. Copy filed.

The Board approved the reclassification of Janet L. Trimpe, M.V. Clerk II, County Treasurer, @$10.09/hr., effective 6/2/99, Per AFSCME Court House Contract, from Grade 4.5, Step 3 to Grade 4.5, Step 4. Copy filed.

Motion by Batcheller second by Boykin to authorize Chairman to sign Authorization to Initiate Hiring Process for a Safety/Training Officer, Human Resources, Wage Plan/Salary Range: $25,000/yr.-$28,000/yr. Carried 5-0. Copy filed.

There was discussion of Woodbury County Health Insurance Preferred Provider Organization with J.D. Pellersels, Human Resources Director and Gina Sypersma, Wellmark Administrator.

Motion by Welte second by Clausen to approve the Woodbury County Health Insurance PPO with Wellmark. Carried 5-0.

There was discussion of Segal Company Consulting Service Fee and Agreement.

Motion by Batcheller second by Welte to approve the Segal Company consulting fee increase to $15,000.00. Carried 4-1. Boykin negative.

There was discussion of Wellmark Administrators Third Party Administrators Fee and Agreement.

Motion by Batcheller second by Welte to increase the Wellmark Administrators fee by 2.6%. Carried 4-1. Boykin negative.

Motion by Boykin second by Batcheller to approve tax suspensions for W.H., I.T. and B.W. Carried 5-0.

There was discussion of a request from Monona County to use the services of Woodbury Countys County Engineer since their Engineer has separated. Dick Storm will visit with Monona County Officials and return to the Board with more details.

The Board discussed computer wiring for Department of Human Services third floor, Trosper-Hoyt County Services Building.

Motion by Batcheller second by Boykin to approve the computer wiring for Department of Human Services. Carried 5-0.

Motion by Welte second by Walish to approve the Cigarette Permit renewal for Sloan Community Recreational Corporation. Carried 5-0. Copy filed.

Motion by Walish second by Batcheller to approve the Cigarette Permit renewal for Salix Grocery, Salix, IA. Carried 5-0. Copy filed.

The Board approved the County Recorders Report of Fees Collected for the period of 01/01/99 thru 03/31/99 as submitted. Copy filed.

The bids were opened for the Sale of Structures at Holly Springs as follows:
2712 Old Hwy 141Structure 1
Donald Hoefling $4,423.00

2712 Old Hwy 141Structure 2
Dale Leekley $425.00
Paul E. Hinds $500.00
Donald Hoefling $823.00
Earl M. Rose $755.00

2712 Old Hwy 141Structure 3
None

3018 Humbolt AveStructure 4
Daniel O. Ronfeldt $635.00
(One bid was not acceptable due to being under the minimum bid)

3018 Humbolt AveStructure 5
None

Motion by Boykin second by Welte to receive the bids and refer them to Zoning for further review and recommendation. Carried 5-0.

Motion by Welte second by Batcheller to approve amended FY 1998-99 Secondary Road budget. for submittal to Iowa DOT. Carried 5-0.

Motion by Boykin second by Welte to approve Resolution #9198 to operate Wolf Creek Drainage District/Pumping Station for 1999 Crop Year.

RESOLUTION NO. 9198
WOLF CREEK DRAINAGE DISTRICT/PUMPING STATION

RESOLUTION REQUIRING CONTRACT TO OPERATE PUMPS

WHEREAS, the Woodbury County Board of Supervisors is the governing body of the Wolf Creek Drainage District and as the governing body has approved and established certain pumping stations in connection therewith; and

WHEREAS, the Board of Supervisors as the governing body of the Wof Creek Drainage District and its pumping station(s) has previously contracted for the pumping of excess surface waters in the Wolf Creek Pumping Station District; and

WHEREAS, it appears that authority for pumping of excess surface waters including the use of the district owned pumping equipment should be renewed in the event of rainfall which might require pumping in the affected area.

NOW THEREFORE, BE IT RESOLVED by the Woodbury County Board of Supervisors that this Board as Trustees of Wolf Creek Pumping Station District should enter into a contract for the crop year of 1999, for the operation and maintenance of the pumping stations in the Wolf Creek Drainage District heretofore established by this Board.

BE IT FURTHER RESOLVED, that the Chairman of this Board be and he is hereby authorized and directed to enter into that Employment Contract with Douglas Washburn, as per the attached form of Employment Contract, subject to the Guidelines for the operation of the Wolf Creek Pumping Station District.

IT IS FURTHER RESOLVED that in connection herewith, the Contractor, Douglas Washburn, will furnish evidence of insurance as required by Paragraph 4 of said Contract.

DATED this 25th May, 1999.

WOODBURY COUNTY BOARD OF SUPERVISORS

COPY FILED.

The Board discussed the extension of DeRocher Path with Larry Book and Paul Hansen. The consensus of the Board was to look at this on their tour of Secondary Road Projects.

Motion by Boykin second by Walish to authorize Chairman to sign agreement with Sergeant Bluff to use Secondary Road Department equipment. Carried 5-0. Copy filed.

There was discussion with John Rusch, Assistant County Attorney regarding retaining wall adjacent to 2425 & 2427 Mohawk Drive. Mr. Rusch presented six different options. Frank Gray, one of the property owners spoke of his concerns and the need to make the repairs before any further rain falls.

After much discussion it was the consensus of the Board to fix the problems and then litigate.

There was discussion of an invoice for repair of water lines at Siouxland District Health Departments Building.

Consensus of the Board was that payment of invoice for repair of water lines at Siouxland District Health Departments Building should be made from Building Services.

Motion by Boykin second by Walish to approve and authorize Chairman to sign Resolution #9199 providing for the redemption of certain outstanding revenue bonds, Series 1991A, Series 1992A, and Series 1995A and approving the execution of escrow agreements and other documents relating thereto. Carried 5-0.

RESOLUTION #9199 PROVIDING FOR THE REDEMPTION OF
CERTAIN OUTSTANDING REVENUE BONDS,
SERIES 1991A (ST LUKES REGIONAL MEDICAL CENTER PROJECT),
SERIES 1992A (ST. LUKES HEALTH SYSTEM-NORTHPARK PROJECT)
AND SERIES 1995A (ST. LUKES OBLIGATED GROUP)
AND APPROVING THE EXECUTION OF EXCROW AGREEMENTS
AND OTHER DOCUMENTS RELATING THERETO

WHEREAS, the County of 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 Bonds, Series 1991A (St. Lukes Regional Medical Center Project) (the Series 1991A Bonds) pursuant to the provisions of a Bond Indenture dated as of August 15, 1991 (the Series 1991A Bond Indenture) and loaned the proceeds thereof to Northwest Iowa Hospital Corporation, formerly known as St. Lukes Regional Medical Center of Sioux City (Northwest Iowa) pursuant to a Loan Agreement dated as of August 15, 1991 (the Series 1991A Loan Agreement) for the purpose of financing the cost of a project within the meaning of the Act; and

WHEREAS, the Issuer, pursuant to the Act, has previously issued its Health System Revenue Bonds, Series 1992A (St. Lukes Health System-Northpark Project) (the Series 1992A Bonds) pursuant to the provisions of a Bond Indenture dated as of December 1, 1992 (the Series 1992A Bond Indenture) and loaned the proceeds thereof to St. Lukes Health System, Inc. (St. Lukes Health) pursuant to a Loan Agreement dated as of December 1, 1992 (the Series 1992A Loan Agreement) for the purpose of financing the cost of a project within the meaning of the Act; and

WHEREAS, the Issuer, pursuant to the Act, has previously issued its Health System Revenue Refunding Bonds, Series 1995A (St. Lukes Obligated Group) (the Series 1995A Bonds, and together with the Series 1991A Bonds and the Series 1992A Bonds, the Bonds) pursuant to the provisions of a Bond Indenture dated as of October 1, 1995 (the Series 1995A Bond Indenture, and together with the Series 1991A Bond Indenture and the Series 1992A Bond Indenture, the Bond Indentures) and loaned the proceeds thereof to Northwest Iowa pursuant to a Loan Agreement dated as of October 1, 1995 (the Series 1995A Loan Agreement, and together with the Series 1991A Loan Agreement and the Series 1992A Loan Agreement, the Loan Agreements) for the purpose of financing the cost of a project within the meaning of the Act; and

WHEREAS, Northwest Iowa and St. Lukes Health (together, the Borrowers) have determined to provide for the payment and redemption of all of the Bonds pursuant to the prepayment and defeasance provisions of the Loan Agreements and the Bond Indentures and have requested the Issuer to take such action as is required of the Issuer by the Loan Agreements and Bond Indentures to provide for prepayment of the Bonds; and

WHEREAS, Northwest Iowa has presented for consideration by the Board of Supervisors a form of escrow agreement for the Series 1991A Bonds (the Series 1991A Escrow Agreement) among the Issuer, Northwest Iowa and Norwest Bank Iowa, National Association, current Trustee under the Bond Indentures (the Bond Trustee), to accomplish the prepayment and redemption of the Series 1991A Bonds; and

WHEREAS, St. Lukes Health has presented for consideration by the Board of Supervisors a form of escrow agreement for the Series 1992A Bonds (the Series 1992A Escrow Agreement) among the Issuer, St. Lukes Health and the Bond Trustee, to accomplish the prepayment and redemption of the Series 1992A Bonds; and

WHEREAS, Northwest Iowa has presented for consideration by the Board of Supervisors a form of escrow agreement for the Series 1995A Bonds (the Series 1995A Escrow Agreement) among the Issuer, Northwest Iowa and the Bond Trustee, to accomplish the prepayment and redemption of the Series 1995A Bonds.

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

Section 1. That the prepayment and redemption of the Series 1991A Bonds, the Series 1992A Bonds and the Series 1995A Bonds, as contemplated by the Series 1991A Escrow Agreement, the Series 1992A Escrow Agreement and the Series 1995A Escrow Agreement, respectively, are approved.

Section 2. That the Series 1991A Escrow Agreement, Series 1992A Escrow Agreement and Series 1995A Escrow Agreement in substantially the forms presented to and considered by the Board and containing substantially the terms and provisions set forth therein are hereby authorized and approved and the Chairperson of the Board and the County Auditor are hereby authorized and directed to execute, attest, seal and deliver the Series 1991A Escrow Agreement, Series 1992A Escrow Agreement and Series 1995A 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 documents in accordance with the terms hereof.

Section 3. That the Chairperson of the Board and the County Auditor are hereby authorized and directed to execute, attest, seal and deliver any and all other documents (including necessary releases) and take such other actions deemed necessary to effect the prepayment and redemption of the Bonds under the terms of the Series 1991A Escrow Agreement, Series 1992A Escrow Agreement and Series 1995A 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 25th day of May, 1999.

Woodbury County Board of Supervisors

Copy filed.

Motion by Welte second by Batcheller to authorize Chairman to sign all documents. Carried 5-0.

The Board adjourned the regular meeting until June 1, 1999.