Minutes - 4/18/2000

APRIL 18, 2000 THIRTY-NINTH MEETING OF THE BOARD OF SUPERVISORS
The Board of Supervisors met on Tuesday, April 18, 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.

Motion by Walish second by Batcheller to amend the regular Board Minutes of April 11, 2000 as submitted insert and vacation leave between sick leave and prior to in the first motion. Carried
5-0.

Motion by Welte second by Clausen to amend the regular Board Minutes of April 11, 2000 as submitted to strike supplemental and insert basic in the ninth motion. Carried 5-0.

Motion by Clausen second by Batcheller to approve the regular Board Minutes of April 11, 2000 as amended. Carried 5-0.

The Board approved the change of hours for Roxanne Hamann, M.V. Clerk II / Anthon Office, County Treasurer, effective 4-19-00, from 24 hrs./week to 27 hrs./week, with benefits included. Copy filed.

The Board approved the reclassification of Randi D. Campbell, Clerk III, County Sheriff,
@$12.40/hr., effective 5-3-00. Per AFSCME Court House contract agreement, from Grade 6, Step 3 to Grade 6, Step 4. Copy filed.

The board discussed Overtime and Compensatory Time Policy, Family Medical Leave Act Policy.

Motion by Batcheller second by Welte to postpone for one week action on the Overtime and Compensatory Time Policy. Failed 2-3, Boykin, Walish and Clausen opposed.

Motion by Clausen second by Walish to adopt the Overtime and Compensatory Time Policy. Carried 3-2, Batcheller and Welte opposed.

Motion by Walish second by Welte to adopt the Family Medical Leave Act Policy. Carried 5-0.

The Board discussed a policies and procedures review committee.

The Board discussed hiring a lobbyist for Woodbury County.

Motion by Walish second by Clausen to authorize the Chairman to sign a Memorandum of Agreement between Woodbury County and R. Edwin Redfern, Redfern Resources for the term beginning May 1, 2000 to April 30, 2001. Carried 5-0. Copy filed.

Public Hearing for rezoning request for Cheryl Bryan, Todd Jager, and Tony Derrick was held at 10:25 a.m.

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

Motion by Batcheller second by Clausen to approve and receive for signatures a resolution amending the zoning and subdivision ordinance. Carried 5-0. Copy filed.

Resolution No. 9282

WHEREAS the Board of Supervisors of Woodbury County, Iowa, has enacted a Zoning and Subdivision Ordinance on January 23, 1971, by Resolution No. 5714, being recorded in the office of the Woodbury county Recorder, in Book 1263, page 9; and

WHEREAS the Board of Supervisors has received a report in respect to amending said Ordinance from the Woodbury County Zoning Commission which held hearing(s) on said amendment(s), all as by law provided; and which amendment(s) is/are attached hereto marked Item(s) One, and hereby made a part hereof; and

WHEREAS the Woodbury County Board of Supervisors has received said report, studied and considered the same, and has held hearings on said amendment(s), all as by law provided; and

WHEREAS the Woodbury County Board of Supervisors has concluded that the said amendment(s) to the aforesaid Zoning and Subdivision Ordinance should be made;

NOW THEREFORE BE IT RESOLVED by the Woodbury County Board of Supervisors, duly assembled, that the aforesaid Zoning and Subdivision Ordinance is amended as shown on said Item(s) One.

IT IS FURTHER RESOLVED that these amendment(s) to said Ordinance shall be in full force and effect from and after its passage, approval and publication, and that the County Auditor shall cause this Ordinance to be published in the Sioux City Journal and be recorded in the office of the Woodbury County Recorder.

Dated this 18th day of April, 2000.

WOODBURY COUNTY BOARD OF SUPERVISORS

ITEM ONE (1)

Pursuant to Section 335 of the Code of Iowa, 1993, the Woodbury County Zoning Commission will hold a public hearing to amend the Woodbury County Zoning and Subdivision Ordinance and/or Map for the Unincorporated Area of Woodbury County, Iowa, as follows:

Amendment to rezone from the CG (General Commercial) District to the ML-PD (Light Industrial-Planned Development) District for a tract located in the W 220 ft. E 600.4 ft S 594 ft. in the SE1/4NE1/4 Section 32 T89N, R44W of the 5th P.M. in the County of Woodbury State of Iowa.

Petitioner is Cheryl Bryan

Copy filed.

Public Hearing was held for issuance of Revenue Bonds for Orpheum Theater Presentation, Project LTD., Project was held at 10:30 a.m.

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

Motion by Batcheller second by Clausen to approve and authorize the Chairman to sign a resolution for issuance and sale of Revenue Bonds (Orpheum Theatre Preservation Project, Ltd. Project). Carried 5-0.

RESOLUTION NO. 9283

PUBLIC HEARING AND RESOLUTION APPROVING PROCEEDING WITH THE ISSUANCE AND SALE OF NOT TO EXCEED $3,500,000 AGGREGATE PRINCIPAL AMOUNT OF REVENUE BONDS (ORPHEUM THEATRE PRESERVATION PROJECT, LTD. PROJECT) SERIES 2000, OF WOODBURY COUNTY, IOWA.

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(c)(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 Orpheum Theatre Preservation Project, Ltd., an Iowa nonprofit corporation (the 'Borrower'), to authorize and issue an amount not to exceed $3,500,000 of Revenue Bonds (Orpheum Theatre Preservation Project, Ltd. Project), Series 2000 (the 'Bonds') pursuant to the provisions of the Act for the purpose of defraying all or a portion of the costs of (i) the acquisition of, and remodeling and renovations to the existing theatre facility located at 528 Pierce Street, Sioux City, Iowa (the 'Project') and (ii) paying costs of issuance of the Bonds and other related costs; and

WHEREAS, the proceeds from the sale of the Bonds are to be loaned by the Issuer to the Borrower pursuant to the provisions of a Loan Agreement (the 'Agreement') between the Issuer and the Borrower; and

WHEREAS, a notice of hearing on the proposal to issue not to exceed $3,500,000 aggregate principal amount of Revenue Bonds (Orpheum Theatre Preservation Project, Ltd. Project) Series 2000, of the Issuer has been published as required by law; and

WHEREAS, a public hearing has been held at the time and place as specified in said notice of hearing and any and all objections or other comments relating to such Bonds have been heard and it is deemed to be in the best interests of the Issuer that said Bonds be issued as proposed; and

NOW, THEREFORE, Be It Resolved by the Board of Supervisors of the Issuer as follows:

Section 1. That it is hereby determined that it is necessary and advisable that the Issuer proceed with the issuance of its Revenue Bonds (Orpheum Theatre Preservation Project, Ltd. Project) Series 2000 (the 'Bonds'), in an amount not to exceed $3,500,000, as authorized and permitted by the Act, and to loan the proceeds of the sale of the Bonds to the Borrower, all upon terms and conditions mutually satisfactory to the Issuer and the Borrower.

Section 2. That at the public hearing conducted by this Board of Supervisors, in accordance with the provisions of Section 419.9 of the Act and Section 147(f) of the Internal Revenue Code of 1986, as amended, pursuant to published notice, all persons who appeared were given an opportunity to express their views for or against the proposal to issue said Bonds.

Section 3. That it is hereby determined that any and all objections to the issuance of said Bonds are hereby overruled and this Board of Supervisors shall proceed with the necessary proceedings relating to the issuance of said Bonds upon reasonable advance notice from the Borrower that satisfactory financing terms have been agreed upon with the proposed purchasers and the required documentation has been prepared by Bond Counsel, and approved by all other parties, including the Issuer.

Section 4. That said Bonds, if issued, and the interest thereon, will be payable solely out of the revenues derived from the 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.

Section 5. 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.

Adopted and approved April 18, 2000.

Woodbury County Board of Supervisors.

Copy filed.

Motion by Welte second by Batcheller to approve the recommendation to State Fire Marshall for an exemption of the burn ban for the public campgrounds operated by the Conservation Department. Carried
5-0. Copy filed.

John Rusch, Assistant County Attorney discussed the new county ordinances with the Board.

Motion by Batcheller second by Clausen to authorize the Chairman to sign the proposal from Steffen Engineering & Testing for Tier 1 Underground Storage Tank activities at County Maintenance Garage, Danbury, Iowa. Carried 5-0. Copy filed.

Motion by Batcheller second by Walish to award the bid for sale of the house located at 2680 Old Highway 141 in Holly Springs to Heidi Bieler for $4,630.00 subject to financing requirements. Carried 5-0. Copy filed.

Motion by Welte second by Clausen to award the bid for sale of a shed located at 2680 Old Highway 141 in Holly Springs to Forrest Johnston for $151.76. Carried 5-0. Copy filed.

Motion by Clausen second by Welte to award the bid for sale of the west end of the corncrib at 2680 Old Highway 141 in Holly Springs to Norma Cox for $135.00. Carried 5-0. Copy filed.

Motion by Walish second by Clausen to award the bid for sale of the east end of the corncrib (lean-to) at 2680 Old Highway 141 in Holly Springs to Fred Bouc for $116.00. Carried 5-0. Copy filed.

Motion by Welte second by Batcheller to award the bid for sale of a machine shed at 2813 320th Street in Holly Springs to Greg Vondrak for $4,026.00. Carried 5-0. Copy filed.

Steve Quirk, Siouxland District Health requested the Board authorize the chairman to sign a request for an additional $125,000.00 for the single county contract.

Motion by Clausen second by Walish to authorize the chairman to sign a Combined Reallocation Request for $125,000.00. Carried 5-0.

The Board adjourned the regular meeting until April 25, 2000.