Minutes - 6/1/2004

JUNE 1, 2004 FORTY-EIGHTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, June 1, 2004 at 9:00 a.m. Board members present were Batcheller, Boykin, Clausen, Walish and Welte. Staff members present were Karen James, Board Administrative Coordinator, Patrick F. Gill, Auditor/Clerk to the Board, and John Sullivan, Board Legal Counsel.

The Claims were approved as presented. Copy filed.

Motion by Boykin second by Batcheller to go into Executive Session per Iowa Code Section 20.17(3). 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.

Meeting called to order.

Motion by Batcheller second by Clausen to approve the Board minutes of May 25, 2004 as submitted. Carried 5-0.

The Board approved the separation of Ryan L. McCrory, Correctional Officer, County Sheriff Dept., effective 6-04-04. Resignation. Copy filed.

Motion by Batcheller second by Boykin to adopt Woodbury County Ordinance Establishing the Sanitary Storage, Collection and Disposal of Solid Wastes and Yard Wastes and Providing for Violation - First Reading. Carried 5-0. Copy filed.

There was no action taken to receive bids for improvements in the Sheriffs Office.

The Public Hearing on Budget Amendment #2 for FY 2004 was held at 10:15 a.m. The Chairman called on anyone wishing to be heard on said amendment to County budget.

Motion by Walish second by Batcheller to close the Public Hearing on Budget Amendment #2 as there was no one present wishing to be heard. Carried 5-0.

Motion by Walish second by Boykin to adopt Budget Amendment #2 for FY 2004. Carried 5-0. Copy filed.

The Board reviewed preliminary county engineers report on proposed improvements to a section of 220th Street.

Motion by Boykin second by Batcheller to adopt an Ordinance establishing Area Service B Road Classification - Second Reading, per recommendation of the county engineer. Carried 5-0.

Motion by Clausen second by Boykin to adopt an Ordinance establishing the Area Service C Road Classification in Woodbury County Second Reading, per recommendation of the county engineer. Carried 5-0. Copy filed.

The Board began proceedings on $800,000 General Obligation Capital Loan Notes, Series 2004, at 10:30 a.m.

Motion by Walish second by Batcheller to approve and authorize the Chairman to sign a resolution ratifying, confirming and approving publication of Notice of Public Hearing for the issuance of $800,000 General Obligation Capital Loan Notes, Series 2004. Carried 3-2, Clausen and Boykin opposed.

Resolution No. 9782

RESOLUTION RATIFYING, CONFIRMING AND
APPROVING PUBLICATION OF NOTICE OF PUBLIC
HEARING FOR THE ISSUANCE OF $800,000 GENERAL
OBLIGATION CAPITAL LOAN NOTES, SERIES 2004

WHEREAS, the County of Woodbury, State of Iowa, is in need of funds to carry out the purpose of providing funds to pay costs of erection, equipping, remodeling, reconstruction, additions, and extensions to public buildings, and it is deemed necessary and advisable that said County should authorize a Loan Agreement and issue General Obligation Capital Loan Notes, Series 2004, to the amount of $800,000, as authorized by Sections 331.402, 331.441(2)(b)(5)(d), and 331.443 of the Code of Iowa, for the purpose of providing funds to pay costs thereof; and

WHEREAS, before said Notes may be issued, it was necessary to comply with the provisions of said Code, and to publish a notice of the proposal to enter into a Loan Agreement and issue such Notes and of the time and place of the meeting at which it is proposed to take action of the issuance of the Notes.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF WOODBURY, STATE OF IOWA:

Section 1. That the action of the County Auditor setting a public hearing before the Board of Supervisors to meet at the Board Room, Woodbury County Courthouse, Sioux City, Iowa, at 10:30 oclock A.M., today, the 1st day of June, 2004, for the purpose of taking action on the matter of entering into a Loan Agreement and on the issuance of $800,000 General Obligation Capital Loan Notes, Series 2004, of the County, the proceeds of which will be used to provide funds to pay costs of erection, equipping, remodeling, reconstruction, additions, and extensions to public buildings, is hereby ratified, confirmed and approved.

Section 2. That the Auditor had caused publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the County, said publication to be not less than four (4) nor more than twenty (20) clear days before the date of the public meeting on the issuance of the Notes.

Section 3. That the form of notice of public hearing is hereby ratified, confirmed and approved.

PASSED AND APPROVED this 1st day of June, 2004.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

The Public Hearing on the authorization of a Loan Agreement and the issuance of notes to evidence the obligation of the County thereunder was held as scheduled. The Chairman called on anyone wishing to be heard on said Loan Agreement and the issuance of said notes.

Janeese Martin of the Tax Research Conference spoke against the Loan Agreement and the issuance of notes.

Motion by Batcheller second by Walish to close the Public Hearing on the authorization of a Loan Agreement and the issuance of notes to evidence the obligation of the County thereunder. Carried 4-1, Clausen opposed.

Motion by Walish second by Batcheller to approve and authorize the Chairman to sign a resolution instituting proceedings to take additional action for the authorization of a loan agreement and the issuance of $800,000 General Obligation Capital Loan Notes, Series 2004. Carried 3-2, Boykin and Clausen opposed.

Resolution No. 9783

RESOLUTION INSTITUTING PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE AUTHORIZATION OF
A LOAN AGREEMENT AND THE ISSUANCE OF
$800,000 GENERAL OBLIGATION CAPITAL LOAN
NOTES, SERIES 2004

WHEREAS, pursuant to notice published as required by law, this Board has held a public meeting and hearing upon the proposal to institute proceedings for the authorization of a Loan Agreement and the issuance of $800,000 General Obligation Capital Loan Notes, Series 2004, for the purpose of paying costs of erection, equipping, remodeling, reconstruction, additions, and extensions to public buildings, and has considered the extent of objections received from residents or property owners as to said proposal and, accordingly the following action is now considered to be in the best interests of the County and residents thereof:

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF WOODBURY COUNTY, STATE OF IOWA:

Section 1. That this Board does hereby institute proceedings and take additional action for the authorization of a Loan Agreement and issuance in the manner required by law of $800,000 General Obligation Capital Loan Notes, Series 2004, to evidence the obligation thereof for the foregoing purpose.

Section 2. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2, because the County reasonably expects to reimburse with the proceeds of the Notes, all or a portion of original expenditures incurred in connection with the above purpose.

PASSED AND APPROVED this 1st day of June, 2004.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

The Chairman asked if there were any individual or group wishing to make a presentation of items not on the agenda or Supervisors concerns.

The Board adjourned the regular meeting until June 8, 2004.