Minutes - 6/13/2000

JUNE 13, 2000 FORTY-SEVENTH MEETING OF THE BOARD OF SUPERVISORS
The Board of Supervisors met on Tuesday, June 13, 2000 at 9:00 A.M. Board members present were Boykin, Clausen, Batcheller, and Walish; Welte absent. Staff members present were Karen James, Board Administrative Coordinator, Victoria L. Ritz, Deputy/Temporary 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 June 6, 2000 as submitted. Carried 3-0. Boykin abstained.

The Board approved the end of probation of Lorie G. Jepsen, Part-time Secretary, Disaster Services Dept., @$9.20/hr., effective 5-22-00. End of Probation. Copy filed.

The Board approved the separation of Rhonda Tenuta, Assistant County Attorney, County Attorneys Dept., effective 6-16-00. Adjusted Separation Date of Resignation. Copy filed.

The Board approved the reclassification of Ronald R. Ronfeldt, Second Deputy, County Sheriffs Dept., @$54,496/yr., effective 7-1-00. Elected Officials Percentage Deputy. Copy filed.

The Board approved the reclassification of Paula C. Appelt, Second Deputy - Tax, County Treasurers Dept., @$35,468.37/yr., effective 7-1-00. Elected Officials Percentage Deputy. Copy filed.

The Board approved the reclassification Dianne B. Baker, Second Deputy - Tax, County Treasurers Dept., @$35,468.37/yr., effective 7-1-00. Elected Officials Percentage Deputy. Copy filed.

The Board approved the reclassification Debra R. Kobold, Deputy Cashier - Tax, County Treasurers Dept., @$31,698.99/yr., effective 7-1-00. Elected Officials Percentage Deputy. Copy filed.

The Board approved the reclassification of Nancy M. Carstensen, First Deputy - M.V., County Treasurers Dept., @$39,167.51/yr., effective 7-1-00. Elected Officials Percentage Deputy. Copy filed.

The Board approved the reclassification of Linda G. Shelton, License Deputy - M.V., County Treasurers Dept., @$35,468.37/yr., effective 7-1-00. Elected Officials Percentage Deputy. Copy filed.

Motion by Clausen second by Batcheller to approve and authorize the Chairman to sign the authorization to initiate hiring process for a First Deputy - M.V., County Treasurer. Entry Level $30,000/year. Carried 4-0. Copy filed.

The Board discussed Wellmark Blue dental premium increase for FY 2000-01.

Motion by Batcheller second by Walish to authorize the Chairman to sign the Blue Dental Insurance Renewal Plan for FY 2000-01. Carried 4-0. Copy filed.

Motion by Batcheller second by Clausen to approve and authorize Chairman to sign Resolution No. 9299 authorizing issuance and sale of revenue bonds for Boys and Girls Home and Family Services, Inc. Project. Carried 4-0.

RESOLUTION NO. 9299

RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $2,500,000 AGGREGATE PRINCIPAL AMOUNT OF COMMUNITY PROVIDER REVENUE BONDS (BOYS AND GIRLS HOME AND FAMILY SERVICES, INC. PROJECT) (THE ABONDS@) OF WOODBURY COUNTY, IOWA, FOR THE PURPOSE OF LENDING THE PROCEEDS THEREOF TO BOYS AND GIRLS HOME AND FAMILY SERVICES, INC. (THE 'BORROWER'), FOR THE PURPOSE OF FINANCING THE RENOVATION OF A PORTION OF THE BORROWERS FACILITIES, FUNDING A DEBT SERVICE RESERVE FUND FOR THE BONDS, AND PAYING COSTS OF ISSUANCE OF THE BONDS; THE EXECUTION AND DELIVERY OF A BOND TRUST INDENTURE TO SECURE SAID BONDS; THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN SAID COUNTY AND THE BORROWER PROVIDING FOR THE REPAYMENT OF THE LOAN OF THE PROCEEDS OF SAID BONDS AND THE SECURING OF SAID REPAYMENT OBLIGATION; THE SALE OF SAID BONDS; THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT RELATING TO THE SALE OF THE BONDS; AND RELATED MATTERS.

WHEREAS, Woodbury County, State of Iowa (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 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 (a Tax-Exempt Organization); and

WHEREAS, the Issuer has been requested by Boys and Girls Home and Family Services, Inc. (the ABorrower@) to issue its Community Provider Revenue Bonds (Boys and Girls Home and Family Services, Inc. Project), in an aggregate principal amount not to exceed $2,500,000 (the 'Bonds') pursuant to the Act for the purpose of financing the renovation of a portion of the Borrowers facilities located at 2101 Court Street, Sioux City, Iowa (the AProject@ ), funding a debt service reserve fund for the Bonds and paying for costs of issuance and certain other costs associated with the issuance of the Bonds; and

WHEREAS, it is proposed to finance the foregoing through the issuance of the Bonds and to loan the proceeds from the sale of the Bonds to the Borrower under a Loan Agreement (the 'Loan Agreement') between the Issuer and the Borrower, the obligations of which will be sufficient to pay the principal of, premium, if any, and interest on the Bonds as and when the same shall be due and payable; and

WHEREAS, the Bonds, when issued, shall be limited obligations of the Issuer, and shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers, and the principal of and interest and premium, if any, on the Bonds shall be payable solely out of the revenues derived from the aforementioned Loan Agreement or otherwise as provided therein; and

WHEREAS, notice of intention to issue the Bonds has, as directed by the Board of Supervisors of the Issuer, been duly given in compliance with the Act and Section 147(f) of the Internal Revenue Code; and

WHEREAS, a public hearing has been held on the proposal to issue the Bonds at the time and place as specified in said notice and all objections or other comments relating to the issuance of the Bonds have been heard; and

WHEREAS, the Issuer proposes to sell the Bonds to U.S. Bancorp Piper Jaffray, Inc. (the 'Underwriter').

NOW, THEREFORE, Be It Resolved by the Board of Supervisors of Woodbury County, Iowa, as follows:

Section 1. That, in order to finance the acquisition, construction, equipping and furnishing of the Project, to fund a debt service reserve fund and to pay a portion of the costs of issuance of the Bonds, the Bonds be and the same are hereby authorized and ordered to be issued pursuant to the Bond Trust Indenture (the 'Indenture') by and between the Issuer and U.S. Bank Trust National Association (the 'Trustee'), in substantially the form as has been presented to and considered by this Board and containing substantially the terms and provisions set forth therein, and the forms, terms and provisions of the Bonds and the Indenture are hereby approved, and the Chairperson and the County Auditor are hereby authorized and directed to execute, attest, seal and deliver the Indenture, and the Chairperson and the County Auditor are further authorized and directed to execute, attest, seal and deliver the Bonds as provided in the Indenture, including the use of facsimile signatures as therein provided; it is the intent hereof that the Bonds shall be issued in an aggregate principal amount not to exceed $2,500,000 and shall bear interest at rates which result in a yield on the Bonds of not to exceed 8.00% per annum and shall mature on the dates and in the amounts and shall be subject to mandatory sinking fund redemption on such dates and in such amounts as shall be finally determined by the Borrower and the Underwriter. The execution and delivery of the Indenture by the Chairperson and County Auditor shall constitute approval by this Board and the Issuer of the final terms and provisions of the Bonds, including the final principal amount thereof, the interest rates thereon, the dates and amounts of maturities thereof and the redemption provisions relating thereto.

Section 2. That the Issuer loan the proceeds of the Bonds to the Borrower for the purposes set out in the preamble hereof, such loan of the proceeds of the Bonds to be pursuant to the Loan Agreement by and between the Issuer and the Borrower, in substantially the form as has been presented to and considered by this Board and containing substantially the terms and provisions set forth therein, and the form, terms and provisions of the Loan Agreement are hereby approved, and the Chairperson and the County Auditor are hereby authorized and directed to execute, attest, seal and deliver the Loan Agreement.

Section 3. That the sale of the Bonds to the Underwriter pursuant to a Bond Purchase Agreement (the 'Bond Purchase Agreement') by and between the Issuer, the Borrower and the Underwriter, in a form as is prepared and presented by counsel to the Underwriter and approved by Bond Counsel and at a price to be agreed upon by the Borrower and the Underwriter, is hereby authorized and approved and the execution and delivery of the Bond Purchase Agreement by the Chairperson and the County Auditor are hereby authorized and approved.

Section 4. That the use by the Underwriter of the Preliminary Official Statement relating to the Bonds is hereby approved, and the Underwriter is hereby authorized to prepare and use a final Official Statement, substantially in the form of said Preliminary Official Statement but with such changes therein as are required to conform the same to the terms of the Bonds, the Indenture, the Loan Agreement, and the Bond Purchase Agreement, all in connection with the selling of the Bonds to the public; provided that this authorization shall not be deemed to imply review or approval of information contained in the Preliminary Official Statement and the final Official Statement by the Issuer, except for information and statements set forth under the captions 'The Issuer' and ALitigation - The Issuer' therein; and such Official Statement as of its date will be approved thereof by the Chairperson deemed final by the Issuer within the meaning of Rule 15(c)(2)-12 of the Securities and Exchange Commission.

Section 5. That the Tax Exemption Agreement (the ATax Exemption Agreement@) among the Issuer, the Trustee and the Borrower, in a form as is prepared and presented by Bond Counsel is hereby authorized, approved and confirmed. The Chairperson is hereby authorized and directed to execute, seal and deliver the Tax Exemption Agreement on behalf of the Issuer.

Section 6. That it is hereby found, determined and declared that the Bonds and interest and premium, if any, thereon shall never constitute the debt or indebtedness of the Issuer within the meaning of any constitutional or statutory provision or 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, but the Bonds and interest and premium, if any, thereon shall be payable solely and only from the revenues derived from the Loan Agreement and the debt obligations of the Borrower delivered pursuant thereto; and no part of the cost of financing the Project will be payable out of the general funds or other contributions of the Issuer (except the proceeds of the Bonds and any subsequent issues of bonds permitted under the Loan Agreement and the Indenture).

Section 7. That the Chairperson and the County Auditor are hereby authorized and directed to execute, attest, seal and deliver any and all documents and do any and all things deemed necessary to effect the issuance and sale of the Bonds and the execution and delivery of the Loan Agreement, the Indenture, the Tax Exemption Agreement and the Bond Purchase Agreement, and to carry out the intent and purposes of this Resolution, including the preamble hereto and the execution by the Chairperson and, if required, the County Auditor, of the Bonds, the Indenture, the Loan Agreement, the Tax Exemption Agreement and the Bond Purchase Agreement shall constitute conclusive evidence of their approval and this Board's approval thereof and of any and all changes, modifications, additions or deletions therein from the respective forms thereof now before this meeting.

Section 8. The Issuer hereby designates the Bonds as qualified tax-exempt obligations for purposes of Section 265(b)(3) of the Code.

Section 9. That the provisions of this Resolution are hereby declared to be separable and if any action, phrase or provision shall for any reason by declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases and provisions.

Section 10. That this Resolution shall become effective immediately upon its passage and approval.

Passed and approved June 13, 2000.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Batcheller second by Clausen to authorize the Chairman to sign the Utility Accommodation Permit submitted by French Reneker Associates Inc., Fairfield, IA for Iowa DOT per recommendation of the County Engineer Richard Storm. Carried 4-0. Copy filed.

Motion by Clausen second by Walish to authorize the Chairman to sign Utility Accommodation Permit submitted by Brian Baldwin, Anthon, Iowa, per recommendation of the county engineer. Carried 4-0. Copy filed.

Motion by Walish second by Batcheller to authorize the Chairman to sign Farm-to-Market Voucher to reimburse Iowa DOT for printing costs associated with Project FM-CO97(45)55-97. Carried 4-0. Copy filed.

Motion by Batcheller second by Clausen to authorize the Chairman to sign a permanent Utility Easement for sanitary sewer force main on county owned property. Carried 4-0. Copy filed.

The Board discussed the bridge south of Bronson with the Mayor of Bronson. Consensus of the Board was to make a proposal of 50/50 cost sharing giving the city a two-year installment payment on the 50%.

Motion by Batcheller second by Clausen to table the acknowledgement of receipt of Sioux City Community School Districts resolution for tax until next week. Carried 4-0.

Motion by Batcheller second by Clausen to authorize Chairman to sign Bronson Ambulance Loan Agreement per recommendation of EMS Loan Fund Board. Carried 4-0. Copy filed.

Motion by Clausen second by Walish to authorize Chairman to sign FY 2001-02 State EMS Training Fund. Carried 4-0. Copy filed.

The Board discussed Woodbury County Communications Towers Ordinance with John Rusch, Assistance County Attorney. John will investigage the ordinance and come back with more information in two weeks.

Changing agenda format was postponed for two weeks so that all of the Supervisors would be present.

Motion by Batcheller second by Walish to adjourn the regular meeting to convene to canvass.

The Board canvassed the Primary Election of June 6, 2000 with results as follows:

Deputy Commissioner of Elections, Victoria L. Ritz, announced there were 2 challenged ballots of which 2 were accepted and added to the Tally and 8 after election absentee ballots that were timely postmarked and received which were also added to the Tally.

UNITED STATES REPRESENTATIVE District 5

Republican Candidates: 1,418 votes cast

Thomas D. Hall 157 votes
Tom Latham * 1,259 votes
Scattered Write-ins 2 votes

Democratic Candidates: 669 votes cast
Conrad Lawlor 283 votes
Mike Palecek * 384 votes
Scattered Write-ins 2 votes

STATE SENATOR
District No. 2 Republican votes 527 votes cast

John Redwine * 525 votes
Scattered Write-ins 2 votes

District No. 6 Republican votes 181 votes cast

Steve King * 181 votes
Scattered Write-ins 0 votes

District No. 2 Democratic votes 22 votes cast

Scattered Write-ins 22 votes

District No. 6 Democratic votes 102 votes cast
Donald Mason 39 votes
Dennis J. Ryan * 63 votes
Scattered Write-ins 0 votes
STATE REPRESENTATIVE
District No. 1 Republican votes 353 votes cast

Greg Hoversten * 349 votes
Scattered Write-ins 4 votes

District No. 2 Republican votes 222 votes cast

Joel Arends * 221 votes
Scattered Write-ins 1 vote

District No. 3 Republican votes 397 votes cast

Christopher C. Rants * 395 votes
Scattered Write-ins 2 votes

District No. 4 Republican votes 129 votes cast

Ralph F. Klemme * 129 votes
Scattered Write-ins 0 votes

District No. 11 Republican votes 130 votes cast

Steve Kettering * 129 votes
Scattered Write-ins 1 vote

District No. 12 Republican votes 36 votes cast

Clarence Hoffman * 36 votes
Scattered Write-ins 0 votes

District No. 1 Democratic votes 211 votes cast

Wesley Whitead * 209 votes
Scattered Write-ins 2 votes

District No. 2. Democratic votes 163 votes cast
Steven Warnstadt * 163 votes
Scattered Write-ins 0 votes

District No. 3 Democratic votes 143 votes cast

Russ Frazier * 143 votes
Scattered Write-ins 0 votes

District No. 4 Democratic votes 1 vote cast

Scattered Write-ins 1 vote

District No. 11 Democratic votes 5 votes cast

Scattered Write-ins 5 votes

District No. 12 Democratic votes 0 votes cast

Scattered Write-ins 0 votes

BOARD OF SUPERVISOR District 2
Republican Candidates 1,250 total votes

Bob Batcheller * 1,244 votes
Scattered Write-ins 6 votes

Democratic Candidates 57 total votes
Scattered Write-ins 57 votes

BOARD OF SUPERVISOR District 4

Republican Candidates 1,132 total votes

Dennis Kirk * 1,126 votes
Scattered Write-ins 6 votes

Democratic Candidates 694 total votes

Maurice Welte * 691 votes
Scattered Write-ins 3 votes

BOARD OF SUPERVISOR District 5

Republican Candidates 1,175 total votes

Stanley N. Navrude Sr. * 1,170 votes
Scattered Write-ins 5 votes

Democratic Candidates 644 total votes

Larry D. Clausen * 641 votes
Scattered Write-ins 3 votes

COUNTY AUDITOR/RECORDER
Republican Candidates 168 total votes

Scattered Write-ins 168 votes

Democratic Candidates 733 total votes

Patrick F. Gill * 730 votes
Scattered Write-ins 3 votes

WOODBURY COUNTY SHERIFF
Republican Candidates 1,264 total votes

David Amick * 1,241 votes
Scattered Write-ins 23 votes

Democratic Candidates 654 total votes

Glenn J. Parrett * 649 votes
Scattered Write-ins 5 votes

TOWNSHIP OFFICERS
Republican Candidates

TWP/OFFICE/PARTY CANDIDATES VOTES

Arlington
2 Trustee Rep. (Write-in) 0

Banner
2 Trustee Rep. * Larry H. Hansen 4
* Wallace E. Sorensen 3

Concord
2 Trustee Rep. * Charles H. Solomon 21

Floyd
2 Trustee Rep. (Write-in) 2

Grange
2 Trustee Rep. * Aaron Williams 1
(Write-in) 1
Grant
2 Trustee Rep. * Larry Bumstead 4

Kedron
2 Trustee Rep. (Write-in) 0

Lakeport
2 Trustee Rep. (Write-in) 0
Liberty
2 Trustee Rep. (Write-in) 2
Liston
2 Trustee Rep. (Write-in) 0

Little Sioux
2 Trustee Rep. * Chester Claus 4

Miller
2 Trustee Rep. (Write-in) 0
Morgan
2 Trustee Rep. * Doug Corrie 5
* Marc Van Houten 5
1 Trustee 2 Yr. Rep. * Darwin Hamann 5
1 Clerk 2 Yr. Rep. (Write-in) 1
Moville
2 Trustee Rep. (Write-in) 0

Oto
2 Trustee Rep. (Write-in) 2

Rock
2 Trustee Rep. * Peter T. Petersen 3
Rutland
2 Trustee Rep. * Ronald Bohle 3
* Louis Reinking 3
1 Trustee 2 Yr. Rep. (Write-in) 0

Sloan
2 Trustee Rep. (Write-in) 1

Union
2 Trustee Rep. * Roy D. Linn 14
* Lawrence E. Todd 14
Westfork
2 Trustee Rep. * David Goodrich 15
* Darrel Sulsberger 13
Willow
2 Trustee Rep. (Write-in) 0
Wolfcreek
2 Trustee Rep. * Ronald Hayworth 7
* Lane Tabke 2
Woodbury
2 Trustee Rep. * Terree L. Ritz 11
* Mervin Zellmer 14

1 Clerk 2 Yr. Rep. * Paul M. Kuester 19

Democratic Candidates

TWP/OFFICE/PARTY CANDIDATES VOTES

Arlington
2 Trustee Dem. (Write-in) 3

Banner
2 Trustee Dem. (Write-in) 0

Concord
2 Trustee Dem. (Write-in) 0

Floyd
2 Trustee Dem. * Kenneth Johnson 2
* Donald Wohlert 4

Grange
2 Trustee Dem. * Jim Cox 3
Grant
2 Trustee Dem. * Patrick B. Maguire 1

Kedron
2 Trustee Dem. * Lewis Brauninger 5
* Wallace Duncan 1

Lakeport
2 Trustee Dem. (Write-in) 4
Liberty
2 Trustee Dem. * John Hollenbeck 6
Liston
2 Trustee Dem. * Janice R. Petrositch 3
Little Sioux
2 Trustee Dem. * Melvin Johnston 3

Miller
2 Trustee Dem. (Write-in) 0
Morgan
2 Trustee Dem. (Write-in) 0
1 Trustee 2 Yr. Dem. (Write-in) 0

1 Clerk 2 Yr. Dem. (Write-in) 0
Moville
2 Trustee Dem. * Loren Neville 3

Oto
2 Trustee Dem. * James J. Mullin 7
* Frank W. Weber 10

Rock
2 Trustee Dem. * Gary Sobieski 6

Rutland
2 Trustee Dem. (Write-in) 0
1 Trustee 2 Yr. Dem. (Write-in) 0

Sloan
2 Trustee Dem. (Write-in) 1

Union
2 Trustee Dem. (Write-in) 0

Westfork
2 Trustee Dem. (Write-in) 2
Willow
2 Trustee Dem. (Write-in) 0
Wolfcreek
2 Trustee Dem. (Write-in) 0
Woodbury
2 Trustee Dem. (Write-in) 0

1 Clerk 2 Yr. Dem. (Write-in) 0

* Elected to go on the General Ballot

Copies filed.

Motion by Clausen second by Batcheller to close canvass meeting.

Motion by Clausen second by Batcheller to adjourn the regular meeting until June 20, 2000.