Minutes - 3/28/2000

MARCH 28, 2000 THIRTY-SIXTH MEETING OF THE BOARD OF SUPERVISORS
The Board of Supervisors met on Tuesday, March 28, 2000 at 9:00 A.M. Board members present were Boykin, Clausen, Batcheller, Walish and Welte. Staff members present were Nancy Hodge, Board Administrative Coordinator, Patrick F. Gill, Auditor/Clerk to the Board, and John Rusch, Board Legal Counsel.

The Claims were approved as presented. Copy filed.

Meeting called to order.

There was an open discussion period held by the Board.

Motion by Walish second by Batcheller to approve the regular Board minutes of March 21, 2000 as submitted. Carried 4-0, Boykin abstained.

The Board approved the appointment of Donald R. Scarlett, F/T Youth Worker, Juvenile Detention, @$10.75/hr., effective 3-29-00 per in-house posting: 3-15-00 from P/T to F/T, AFSCME J.D. Contract agreement, @ Grade 1, Step 1. Copy filed.

The Board approved the reclassification of Dawn M. Norton, Civil Clerk @$10.29/hr., effective 3-31-00 per AFSCME Court House Contract agreement, from Grade 3, Step 4 to Grade 3, Step 5. Copy filed.

The Board approved the reclassification of Rhonda M. Tenuta, Assistant County Attorney, County Attorneys Dept., @$47,839.00/yr., effective 4-1-00 per AFSCME Attorney Contract agreement, from Step 7 to Step 8. Copy filed.

The Board approved the reclassification of Catherine J. Derochie, Legal Secretary III, County Attorneys Dept., @$12.40/hr., effective 4-6-00 per AFSCME Court House Contract agreement, from Grade 6, Step 3 to Grade 6, Step 4. Copy filed.

Motion by Clausen second by Batcheller to approve and authorize the Chairman to sign the authorization to initiate hiring process for a Part-time Male Youth Worker, Juvenile Detention, AFSCME J.D./ Grade 1, Step 1: $10.75/hr.; and Board Administration Coordinator, Board Administration, Wage Plan Salary Range: $35,000-$40,000/yr. Carried 5-0. Copy filed.

Motion by Welte second by Batcheller to authorize the Chairman to sign the Farm Cash Lease Contract on behalf of Woodbury County with Kevin Schmidt for the high bid of $28,600.00. Carried 5-0. Copy filed.

Motion by Clausen second by Walish to approve and authorize the Chairman to sign a letter of support to secure national priority status for USDA Conservation Reserve Program (CPR) for Loess Hills landmark. Carried 4-0, Welte abstained. Copy filed.

Motion by Clausen second by Batcheller to approve and authorize the Chairman to sign Resolution No. 9270 Budget Appropriation Resolution for fiscal year 2001. Carried 5-0.

WOODBURY COUNTY, IOWA

APPROPRIATION RESOLUTION

FOR
FISCAL YEAR 2001

RESOLUTION # 9270

WHEREAS, it is desired to make appropriations for each Service Area and Program Activity of County Government for the Fiscal Year 2000, beginning July 1, 2000, and

NOW, therefore, be it resolved by the Woodbury County Board of Supervisors that the amounts detailed by Service Area on the Adopted FY 2001 Woodbury County Budget Summary Form 638-R constitute the authorization to make expenditures from the Countys funds beginning July 1, 2000 and continuing until June 30, 2001, and

FURTHERMORE, this Appropriation Resolution extends the spending authority of each County Program Activity to the amount appropriated to it on its budgeted Program Planner, and

ACCORDINGLY, until such time as a Service Area is identified as progressing to a spending level challenging its appropriation, a budget amendment per 331.435 will not be implemented,

HOWEVER, should a Program Activity approach a spending level challenging its appropriation level, and the Service Area continues balanced, the Board of Supervisors will be requested to increase the Programs spending authority by resolving to permit such, and,

ADDITIONALLY, the Board of Supervisors may be requested to decrease a Programs appropriation by 10% or $5,000, whichever is greater, to appropriate a like amount to a Program Activity requesting same: 331.435 will govern actions in this regard.

The above and foregoing resolution was adopted by the Board of Supervisors of Woodbury County on March 28th, 2000, and certified thereon as follows:

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Welte second by Walish to approve and authorize Chairman to sign a letter of support for Grant Application for Department of Correctional Services. Carried 5-0. Copy filed.

Motion by Clausen second by Welte to approve and authorize the Chairman to sign Resolution No. 9271 setting a public hearing for sale of real estate Parcel #144150. Carried 5-0.

RESOLUTION # 9271

NOTICE OF PROPERTY SALE

Parcel #144150

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

Lot Forty-six (46) Block One (1) Eden Park Addition, City of Sioux City, Woodbury County, Iowa
(3407 3rd 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 11th day of April, 2000, at 10:15 o'clock 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 11th day of April, 2000, 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 $291.00 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 28th day of March, 2000.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

The Board discussed sales tax refund for Phase III Courthouse Renovation in the amount of $43,072.83.

Motion by Clausen to second by Walish to place the sales tax refund proceeds into the Riverboat Fund. Motion by Welte second by Walish to amend the motion to place fifty percent of the proceeds into the Riverboat Fund and fifty percent into the Infrastructure Fund. Carried 4-1, Clausen opposed. The main motion as amended carried 4-1, Clausen opposed. Copy filed.

The Public Hearing and sale of Real Estate Parcel #181335 was held at 10:15 A.M. The Chairman called on anyone wishing to be heard on said sale.

Motion by Clausen second by Batcheller to close the Public Hearing on the sale of Real Estate Parcel #181335 as there was no one present wishing to be heard on said sale. Carried 5-0.

Chairman called for bids on Real Estate Parcel #181335. Donald Boggs bid $683.00 plus recording fees. There were no further bids.

Motion by Clausen second by Batcheller to accept Donald Boggs $683.00 bid plus recording fees for Real Estate Parcel #181335. Carried 5-0.

RESOLUTION OF THE BOARD OF SUPERVISORS OF WOODBURY COUNTY, IOWA: #9272

BE IT RESOLVED by the Board of Supervisors of Woodbury County, Iowa, that the offer at public auction of:

DONALD M. BOGGS, SINGLE PERSON, 3209 E 2ND STREET, SIOUX CITY, IOWA

in the sum of SIX HUNDRED EIGHTY-THREE AND NO/100 ($683.00)-------------------------------------------- Dollars for the

following described real estate, to wit: _LOT SEVEN (7) BLOCK SIX (6) GAUGHRANS 2ND ADDITION, CITY OF

SIOUX_ CITY, WOODBURY COUNTY, IOWA

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 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 ___28TH___day of _____MARCH __________, 2000__.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

The Board discussed county vehicles titles and where titles should be stored.

The consensus was for the administrative coordinator to develop a policy where the titles should be kept and to present it to the board for approval.

Bid letting was held at 10:20 A.M. for Project L-89273-97.

Motion by Welte second by Walish to approve the bid of Elk Horn Construction for $188,119.90 subject to the review of the county engineer.

Motion by Walish second by Clausen to approve and authorize the Chairman to sign Secondary Road Department budget for FY 2000-01. Carried 5-0. Copy filed.

The Board discussed five year construction program for secondary roads.

Public hearing was held on Intention to Issue Housing Revenue Bonds (Mid-Steps Project) at 10:30 A.M.

Motion by Clausen second by Batcheller to close the public hearing. Carried 5-0.

Motion by Clausen second by Welte to approve and authorize the Chairman to sign Resolution No. 9273 for issuance and sale of a Housing Revenue Bond (Mid-Steps Project). Carried 5-0.

. RESOLUTION NO. 9273

Resolution authorizing the issuance and sale of a Housing Revenue Bond (Mid-Step Project) of Woodbury County, Iowa, and authorizing the execution of documents relating thereto

Be It Resolved by the Board of Supervisors of Woodbury County, Iowa (the 'Issuer') as follows:

Section 1. (A) The Issuer is a county authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1999, as amended (the 'Act'), to issue revenue bonds or notes for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of any facility for an organization described in Section 501(c)(3) of the Internal Revenue Code (the Code) which is exempt from federal income tax under Section 501(a) of the Code (Tax Exempt Organization) and to refund any bonds issued pursuant to the Act.

(B) The Issuer has been requested by Mid-Step Services, Inc. and Mid-Step Real Estate, Inc. (the 'Borrowers') to issue its revenue bonds or notes pursuant to the Act for the purpose of refinancing outstanding indebtedness of the Borrowers for housing facilities located at 103 W. Main St., Lawton, Iowa 51030; 3412 Cheyenne Blvd., Sioux City, Iowa 51104; 5200 Lorraine Avenue, Sioux City, Iowa 51106; 2700 and 2702 Marshall Avenue, Sioux City, Iowa 51106; 1601- 1603 S. Maple Street, Sioux City, Iowa 51106; 517 S. 2nd Street, Moville, Iowa 51039; 3948 Winona Way, Sioux City, Iowa 51104; 5515-5515A Stone Avenue, Sioux City, Iowa 51106; 4303 Stone Avenue, Sioux City, Iowa 51106; and 4305 Stone Avenue, Sioux City, Iowa 51106 (collectively, the Project) and paying for costs of issuance and certain other costs associated with the issuance of the Bond.

(C) As required by the Act and Section 147(f) of the Internal Revenue Code of 1986, as amended (the 'Code'), the Issuer has held a public hearing on the issuance of a revenue bond to finance the Project.

(D) The issuance and sale of the Housing Revenue Bond (Mid-Step Project) in a principal amount of not to exceed $999,000 (the 'Bond') by the Issuer, pursuant to the Act, is in the best interest of the Issuer, and the Issuer hereby determines to issue the Bond and to sell the Bond to Norwest Bank Iowa, N.A., Sioux City, Iowa (the 'Lender') as provided herein. The Issuer will loan the proceeds of the Bond (the 'Loan') to the Borrowers in order to finance the cost of the Project.

(E) Pursuant to a Loan Agreement (the 'Loan Agreement') to be entered into between the Issuer and the Borrowers, the Borrowers agree to repay the Loan in specified amounts and at specified times sufficient to pay in full when due the principal of, premium, if any, and interest on the Bond. In addition, the Loan Agreement contains provisions relating to the completion of the Project, the maintenance and operation of the Project, indemnification, insurance, and other agreements and covenants which are required or permitted by the Act and which the Lender and the Borrowers deem necessary or desirable for the financing of the Project. A draft of the Loan Agreement has been submitted to the Board of Supervisors for their review.

(F) Pursuant to a Pledge Agreement (the 'Pledge Agreement') to be entered into between the Issuer and the Lender, the Issuer, among other things, will grant to the Lender a security interest in all of the Issuer's rights, title and interest in and to the Loan Agreement, including, but not limited to, the right to receive Loan Repayments (as defined in the Loan Agreement). A draft of the Pledge Agreement has been submitted to the Board of Supervisors for their review.

(G) The Bond will be a special limited obligation of the Issuer. The Bond shall not be payable from or charged upon any funds other than the revenues pledged to the payment thereof, nor shall the Issuer be subject to any liability thereon. No holder of the Bond shall ever have the right to compel any exercise of the taxing power of the Issuer to pay the Bond or the interest thereon, nor to enforce payment thereof against any property of the Issuer. The Bond shall not constitute a debt of the Issuer within the meaning of any constitutional or statutory limitation. A draft of the Bond has been submitted to the Board of Supervisors for their review.

Section 2. In order to provide for the financing of the Project, the Issuer hereby authorizes the issuance of the Bond in the principal amount of not to exceed $999,000. The Bond shall be in the form submitted to the Board of Supervisors and shall mature in the years and amounts, be subject to redemption, and provide interest at the rate as therein specified.

Section 3. The Loan Agreement, the Pledge Agreement, and the Bond are hereby made a part of this Resolution as though fully set forth herein and are hereby approved in substantially the forms presented to the Board of Supervisors. The Chairperson and the County Auditor are authorized and directed to execute, acknowledge, and deliver said documents on behalf of the Issuer with such changes, insertions and omissions therein as the Borrower and the Lender may deem appropriate, such execution to be conclusive evidence of approval of such documents in accordance with the terms hereof.

Section 4. The Chairperson and the County Auditor are authorized and directed to execute and deliver all other documents which may be required under the terms of the Loan Agreement or Pledge Agreement, or by bond counsel, and to take any other action as may be required or deemed appropriate for the performance of the duties imposed thereby to carry out the purposes thereof.

Section 5. In order to qualify the Bond as a 'qualified tax exempt obligation' within the meaning of Section 265(b)(3) of the Code, the Issuer hereby makes the following factual statements and representations:

(A) The Issuer hereby designates the Bond as a 'qualified tax-exempt obligation' for purposes of Section 265(b)(3) of the Code;

(B) The reasonably anticipated amount of tax-exempt obligations (other than obligations described in clause (ii) of Section 265(b)(3)(c) of the Code) which will be issued by the Issuer (and all entities whose obligations will be aggregated with those of the Issuer) during this calendar year 2000 will not exceed $10,000,000; and

(C) Not more than $10,000,000 of obligations issued by the Issuer during this calendar year 2000 have been designated for purposes of Section 265(b)(3) of the Code.

The Issuer shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph.

Section 6. The Chairperson, County Auditor and other officers of the Issuer are authorized to furnish to the Lender, the borrower, and bond counsel certified copies of all proceedings and records of the Issuer relating to the Bond, and such other affidavits and certificates as may be required to show the facts relating to the legality and marketability of the Bond as such facts appear form the books and records in the officer's custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the issuer as to the truth of all statements contained therein.

Passed and approved March 28, 2000.

WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Clausen second by Walish to authorize the Chairman to sign the Assignment and Pledge Agreement between Woodbury County and Norwest Bank of Iowa. Carried 5-0. Copy filed.

Motion by Walish second by Batcheller to authorize the Chairman to sign a Loan Agreement between Woodbury County, Iowa and Mid-Step Real Estate, Inc. and Mid-Step Services, Inc. Carried 5-0. Copy filed.

The Board discussed proposal of WCICC Wireless Network Upgrade.

Motion by Batcheller second by Welte to approve WCICC Wireless Network Upgrade. Carried 5-0. Copy filed.

The Public Hearing and sale of Real Estate Parcel #s 629730 & 629880 was held at 10:45 A.M. The Chairman called on anyone wishing to be heard on said sale.

Barbara Parker from the City of Salix asked that Parcel # 629880 be sold to the City of Salix for access to their property.

Motion by Clausen second by Batcheller to close the Public Hearing on the sale of Real Estate Parcel #s 629730 & 629880 as there was no one present wishing to be heard on said sale. Carried 5-0.

Chairman called for bids on Real Estate Parcel #s 629730 & 629880. The City of Salix bid $1.00 plus recording fees for parcel # 629880. There were no further bids.

Motion by Clausen second by Welte to accept the bid from the City of Salix for $1.00 plus recording fees for Real Estate Parcel #629880. Carried 5-0.

Motion by Batcheller second by Clausen to approve and authorize Chairman to sign Application for Renewal of Retail Liquor License Permit and Sunday Sales Privilege for White Horse Patrol Club, 1689 Old Hwy #141, Sergeant Bluff. Carried 5-0. Copy filed.

The Board held a general discussion of zero based budgeting.

Motion by Clausen second by Walish to approve and authorize Chairman to sign change in slots for home and community based services for individuals with mental retardation (HCBS/MR) from 47 to 50. Carried 5-0. Copy filed.

The Board discussed match funding of a grant for equipment for Sheriffs Department patrol cars.

Motion by Batcheller second by Welte to approve the Sheriffs request to apply for a grant to install lap-top computers in sheriff vehicles that requires 20% matching funds. Carried 5-0. Copy filed.

A Public Hearing was held at 11:15 A.M. for the Woodbury County Mental Health Services Management Plan.

Dr. Dick Owens stated:

On page 10 under Developmental Disabilities add: A study will be conducted to determine the feasibility of implementing a pilot program to serve the developmentally disabled.

On page 20, paragraph 3, before the CPC would make that request to revise the plan, we should seek clinical expertise.

On page 23, for most of the subheadings, you have an explanation of what that is, yet we have three or four we havent anything written on. I didnt know if those are going to be filled in or if that is the way the plan is going to go in.

Under Community Education, I dont think you have a sentence there. When it says, Public Service Announcements providing information on service availability and access and so forth, I think you need to get a predicate in there.

On page 27, you have progress towards goals; the only one of those that it says, continues to be a goal is Goal #5 under MR. So I think we should standardize the language.

Mary Bell stated:

I wanted to refer you to page 26 and page 27. On page 26, Goal #6, on page 27, Goal #4. Well they both mean the same thing, only a different wording. I am a member of the planning committee and I would ask that these two goals be deleted entirely because I object to using mental health services dollars for infrastructure.

Marcia Cutler stated:

I kind of think if we would have had a chance for a meeting, that we wouldnt all have to be congregating here today to give our comments and questions and so forth. We were all asking for more meetings. We wanted to have explained the changes that were coming about in the plan, which we didnt get the opportunity to talk about at all. I think some of us also had some changes, maybe we would have projected as well had we had the opportunity. I feel bad about that.

On page 22, Medication, I would like to see that changed to a better wording. We had discussed at many of our meetings that we want the best medication available, we didnt want somebody to have to accept any medication available that wasnt as good just because it was affordable.

Dr. Dick Owens stated:

Most appropriate.

Jim Rixner stated:

Clinically appropriate.

Marcia Cutler stated:

Under Supervised Apartments, supervision to be provided by staff experienced in working with mentally/chronically mentally ill persons. That should be a little more specific.

On page 23, Scattered site supervised apartments, scheduled in, I dont know what that means.

Under Measurable Objective, Reduce hospitalizations by 25% in during FY99. That comment alone concerns me.

On page 24, Goal #2, change to: appropriate to the individual consumers needs.

Connie Barrett stated:

It looks like the MI plan is more important than the MR one, because theirs were tacked on at the end.

The jail diversion plan looks like it has some nice things going in that direction. I would like to see a diversion program that is working the same way to keep from hospitalization.

Sharon Caskey stated:

The only thing I wanted to say is that Im hoping that this year we get started a little earlier so that we dont have this same problem.

Im still hoping that you will consider two committees. I think two committees meeting separately and then quarterly getting together and discuss things. Their needs are so different.

Maurice Welte stated:

I would like to see it written in the plan somewhere that we have this hearing at least a month before we need to get it submitted.

I would hope there would be a way that they could have monthly meetings and settle some these housekeeping things in those monthly meetings somehow or another.

Motion by Walish second by Clausen to close Public Hearing. Carried 5-0.

Motion by Clausen second by Walish to approve the Mental Health Services Management Plan. Carried 5-0. Copy filed.

The Board discussed construction of a bridge east of Hornick.

Motion by Welte second by Batcheller to receive for signatures a resolution proclaiming a national health week. Carried 5-0.

WOODBURY COUNTY, IOWA

PROCLAMATION NO. 9274

PROCLAMATION

WHEREAS Over the past 50 years, the United States has achieved significant increases in life expectancy and reductions in the incidence of injury, disability and disease.

AND WHEREAS, Of the 50 additional years of life expectancy we have gained since the turn of the century, the public health approach is credited with the majority approximately 25 years of our improvements in our health status and expanded life expectancy.

AND WHEREAS, Public health succeeds by identifying and addressing patterns of disease, illness and injury in populations. Public health is about ensuring healthy living and working environments.

AND WHEREAS, Through the use of population-based strategies for disease and injury prevention, public health has contributed to the decline in illness and injury, including heart disease and stroke, tobacco-related diseases, infectious diseases, and motor vehicle and workplace injuries.

AND WHEREAS, National Public Health Week provides the focused opportunity for the public, public health professionals, and all health professionals to learn about public health success stories including the reduction of contagious diseases, assurance of safe public water and safe food, improved childhood immunization rates, and continued front-line efforts to develop methods to immunize populations against infectious disease, maintain good nutritional standards and support medical care and preventative measures vital to healthy communities.

AND WHEREAS, National Public Health Week provides an opportunity to highlight and commend the efforts of public health professionals to protect and enhance the health of all citizens in communities across this country.

AND WHEREAS, The National Public Health Week theme Healthy People in Healthy Communities encompasses our goals as a nation to ensure that our homes, neighborhoods and communities are places we all, especially children, can thrive.

NOW THEREFORE, the Woodbury County Board of Supervisors , in support of this proclamation, do hereby proclaim the week of April 3 through April 9, 2000 as:

NATIONAL PUBLIC HEALTH WEEK

In this County, and urge that the citizens of this County give full support to efforts toward promoting healthy lifestyles and heighten awareness of the many benefits that good health brings.

SO RESOLVED this 28th day of March 2000.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Walish second by Batcheller to go into Executive Session per Code Section 21.5 (l)(j) Real Estate. Carried 5-0 on a roll call vote.

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

Motion by Welte second by Batcheller to accept the recommendation of the 404 Project Manager to revise an offer for property located at 3064 Humbolt Avenue to $88,000.00. Carried 5-0. Copy filed.

The Board adjourned the regular meeting until April 4, 2000.