Minutes - 6/29/2004

JUNE 29, 2004 FIFTY-SECOND MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, June 29, 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.

Meeting called to order.

Motion by Batcheller second by Walish to approve the Board minutes of June 22, 2004 as submitted. Carried 3-0; Welte and Boykin abstained.

Motion by Walish second by Clausen to approve the Board minutes of the June 22, 2004 executive session as submitted. Carried 3-0; Welte and Boykin abstained.

The Board discussed the Sheriffs Office personnel with Chief Deputy Dave Drew.

Motion by Walish second by Batcheller to approve and authorize the Chairman to sign Request to De authorize County Position for a Deputy Training Sergeant, County Sheriff Dept., effective: 7-1-04, and a Process Server, County Sheriff Dept., effective: 7-1-04. Carried 5-0. Copy filed.

Motion by Boykin second by Clausen to authorize the Chairman to sign an authorization to initiate the hiring process for Temporary/Interim Process Server, County Sheriff Dept., (not to exceed 120 days), per D.S.A. Contract: Current Wage. Carried 5-0.

The Board approved a change in the work schedule of Sonya D. Pierce, Executive Secretary/Public Bidder, Board Administration, effective 7-1-04. Wage Plan: from full-time to part-time, 40 hours/week to 35 hours/week, due to budgetary concerns. Copy filed.

The Board approved the appointment of Rita K. Wood, Interim Process Server, County Sheriff Dept., $13.41/hour effective: 7-1-04. Per County Sheriff Designation, not to exceed 120 days. Copy filed.

The Board approved the reclassification of John J. Sullivan, Assistant County Attorney, County Attorney Dept., effective 7-1-04, Wage Plan equivalent to AFSCME Attorney Contract agreement. Copy filed.

The Board approved the reclassification of Anthony J. Fitch, Correctional Officer, County Sheriff Dept., effective 7-15-04, per DSA contract agreement, from Class 1 to Class 2. Copy filed.

The Board approved the reclassification of Justin J. Renner, Correctional Officer, County Sheriff Dept., effective 7-16-04, per DSA contract agreement, from Class 1 to Class 2. Copy filed.

The Board reviewed and discussed insurance bids with J.D. Pellersels, Human Resources Director.
Motion by Clausen second by Boykin to accept the recommendation of the Human Resources Director. Carried 5-0. Copy filed.

Motion by Walish second by Batcheller to approve and authorize the Chairman to sign an application for a Class C Beer Permit Renewal and Sunday Sales Privilege for Shop-N-Go, 1863 Hwy 141, Sloan, IA. Carried 5-0. Copy filed.

Motion by Boykin second by Walish to adopt an ordinance establishing the Area Service B Road Classification in Woodbury County third reading. Carried 5-0. Copy filed.

Motion by Batcheller second by Clausen to adopt an ordinance establishing the Area Service C Road Classification in Woodbury County third reading. Carried 5-0. Copy filed.

There was no action taken to approve and authorize the Chairman to sign 28E Agreement with the City of Danbury for maintenance of Farm-to-Market Extensions within the Corporate limits, per recommendation of the county engineer.

Motion by Walish second by Clausen to approve and authorize the Chairman to sign 28E Agreement with the City of Hornick for maintenance of Farm-to-Market Extensions within the Corporate limits, per recommendation of the county engineer. Carried 5-0. Copy filed.

Motion by Walish second by Batcheller to approve and authorize the Chairman to sign a resolution levying special assessment of $2,000 for the Hackley Lateral drainage district for FY 2004-05. Carried 5-0.

Resolution No. 9794

RESOLUTION NO. 9794
HACKLEY LATERAL DRAINAGE DISTRICT

RESOLUTION LEVYING SPECIAL ASSESSMENT AND CERTIFICATE
TO THE COUNTY AUDITOR OF WOODBURY COUNTY, IOWA

WHEREAS, the Woodbury County Board of Supervisors is the governing body of the Hackley Lateral Drainage District of Woodbury County, Iowa; and
WHEREAS, said Board, as Trustees, has determined that it is necessary to levy a special tax and/or assessment on all tracts of land, lots, railroad companies and public highways within the boundaries of the said Drainage District.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the Woodbury County Board of Supervisors as the governing body of the Hackley Lateral Drainage District, that a special tax and/or assessment in the sum of $2,000 be levied against all the tracts of land, lots, railroad companies and public highways within said Drainage District, same to be in the same ratio and upon the same classification as heretofore established, adopted and confirmed.
BE IT FURTHER RESOLVED that the said levy and/or assessment be and the same is hereby certified to the Woodbury County Auditor who is hereby directed to effect said levy and/or assessment against all of the said lands, etc., in the same ratio and upon the same classification as heretofore adopted, established and confirmed and enter same upon the tax list of Woodbury County for collection with the 2004/2005 real estate taxes.

DATED this 29th day of June , 2004.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Boykin second by Clausen to approve and authorize the Chairman to sign a resolution levying special assessment of $1,000 for the Orton Slough drainage district for FY 2004-05. Carried 5-0.

Resolution No. 9795
RESOLUTION NO. 9795

ORTON SLOUGH DRAINAGE DISTRICT

RESOLUTION LEVYING SPECIAL ASSESSMENT AND CERTIFICATE
TO THE COUNTY AUDITOR OF WOODBURY COUNTY, IOWA

WHEREAS, the Woodbury County Board of Supervisors is the governing body of the Orton Slough Drainage District of Woodbury County, Iowa; and
WHEREAS, said Board, as Trustees, has determined that it is necessary to levy a special tax and/or assessment on all tracts of land, lots, railroad companies and public highways within the boundaries of the said Drainage District.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the Woodbury County Board of Supervisors as the governing body of the Orton Slough Drainage District, that a special tax and/or assessment in the sum of $1,000 be levied against all the tracts of land, lots, railroad companies and public highways within said Drainage District, same to be in the same ratio and upon the same classification as heretofore established, adopted and confirmed.
BE IT FURTHER RESOLVED that the said levy and/or assessment be and the same is hereby certified to the Woodbury County Auditor who is hereby directed to effect said levy and/or assessment against all of the said lands, etc., in the same ratio and upon the same classification as heretofore adopted, established and confirmed and enter same upon the tax list of Woodbury County for collection with the 2004/2005 real estate taxes.

DATED this 29th day of June , 2004.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

5e.3 Motion by Boykin second by Walish to approve and authorize the Chairman to sign a resolution levying special assessment of $500 for the Smoky Hollow drainage district for FY 2004-05. Carried 5-0.

Resolution No. 9796

RESOLUTION NO. 9796

SMOKY HOLLOW L DRAINAGE DISTRICT

RESOLUTION LEVYING SPECIAL ASSESSMENT AND CERTIFICATE
TO THE COUNTY AUDITOR OF WOODBURY COUNTY, IOWA

WHEREAS, the Woodbury County Board of Supervisors is the governing body of the Smoky Hollow Drainage District of Woodbury County, Iowa; and
WHEREAS, said Board, as Trustees, has determined that it is necessary to levy a special tax and/or assessment on all tracts of land, lots, railroad companies and public highways within the boundaries of the said Drainage District.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the Woodbury County Board of Supervisors as the governing body of the Smoky Hollow Drainage District, that a special tax and/or assessment in the sum of $500 be levied against all the tracts of land, lots, railroad companies and public highways within said Drainage District, same to be in the same ratio and upon the same classification as heretofore established, adopted and confirmed.
BE IT FURTHER RESOLVED that the said levy and/or assessment be and the same is hereby certified to the Woodbury County Auditor who is hereby directed to effect said levy and/or assessment against all of the said lands, etc., in the same ratio and upon the same classification as heretofore adopted, established and confirmed and enter same upon the tax list of Woodbury County for collection with the 2004/2005 real estate taxes.

DATED this 29th day of June , 2004.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Walish second by Boykin to approve and authorize the Chairman to sign a resolution levying special assessment of $1,000 for the Upper Wolf Creek drainage district. Carried 5-0.

Resolution No. 9797

RESOLUTION NO. 9797

UPPER WOLF CREEK DRAINAGE DISTRICT

RESOLUTION LEVYING SPECIAL ASSESSMENT AND CERTIFICATE
TO THE COUNTY AUDITOR OF WOODBURY COUNTY, IOWA

WHEREAS, the Woodbury County Board of Supervisors is the governing body of the Upper Wolf Creek Drainage District of Woodbury County, Iowa; and
WHEREAS, said Board, as Trustees, has determined that it is necessary to levy a special tax and/or assessment on all tracts of land, lots, railroad companies and public highways within the boundaries of the said Drainage District.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the Woodbury County Board of Supervisors as the governing body of the Upper Wolf Creek Drainage District, that a special tax and/or assessment in the sum of $1,000 be levied against all the tracts of land, lots, railroad companies and public highways within said Drainage District, same to be in the same ratio and upon the same classification as heretofore established, adopted and confirmed.
BE IT FURTHER RESOLVED that the said levy and/or assessment be and the same is hereby certified to the Woodbury County Auditor who is hereby directed to effect said levy and/or assessment against all of the said lands, etc., in the same ratio and upon the same classification as heretofore adopted, established and confirmed and enter same upon the tax list of Woodbury County for collection with the 2004/2005 real estate taxes.
DATED this 29th day of June , 2004.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Clausen second by Boykin to approve and authorize the Chairman to sign a resolution levying special assessment of $500 for the Weber Creek drainage district for FY 2004-05. Carried 5-0.

Resolution No. 9798

RESOLUTION NO. 9798

WEBER CREEK DRAINAGE DISTRICT

RESOLUTION LEVYING SPECIAL ASSESSMENT AND CERTIFICATE
TO THE COUNTY AUDITOR OF WOODBURY COUNTY, IOWA

WHEREAS, the Woodbury County Board of Supervisors is the governing body of the Weber Creek Drainage District of Woodbury County, Iowa; and
WHEREAS, said Board, as Trustees, has determined that it is necessary to levy a special tax and/or assessment on all tracts of land, lots, railroad companies and public highways within the boundaries of the said Drainage District.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the Woodbury County Board of Supervisors as the governing body of the Weber Creek Drainage District, that a special tax and/or assessment in the sum of $500 be levied against all the tracts of land, lots, railroad companies and public highways within said Drainage District, same to be in the same ratio and upon the same classification as heretofore established, adopted and confirmed.
BE IT FURTHER RESOLVED that the said levy and/or assessment be and the same is hereby certified to the Woodbury County Auditor who is hereby directed to effect said levy and/or assessment against all of the said lands, etc., in the same ratio and upon the same classification as heretofore adopted, established and confirmed and enter same upon the tax list of Woodbury County for collection with the 2004/2005 real estate taxes.

DATED this 29th day of June , 2004.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Boykin second by Batcheller to approve and authorize the Chairman to sign a resolution levying special assessment of $2,000 for the Wolf Creek drainage district for FY 2004-05. Carried 5-0.

Resolution No. 9799

RESOLUTION NO. 9799

WOLF CREEK DRAINAGE DISTRICT

RESOLUTION LEVYING SPECIAL ASSESSMENT AND CERTIFICATE
TO THE COUNTY AUDITOR OF WOODBURY COUNTY, IOWA

WHEREAS, the Woodbury County Board of Supervisors is the governing body of the Wolf Creek Drainage District of Woodbury County, Iowa; and
WHEREAS, said Board, as Trustees, has determined that it is necessary to levy a special tax and/or assessment on all tracts of land, lots, railroad companies and public highways within the boundaries of the said Drainage District.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the Woodbury County Board of Supervisors as the governing body of the Wolf Creek Drainage District, that a special tax and/or assessment in the sum of $2,000 be levied against all the tracts of land, lots, railroad companies and public highways within said Drainage District, same to be in the same ratio and upon the same classification as heretofore established, adopted and confirmed.
BE IT FURTHER RESOLVED that the said levy and/or assessment be and the same is hereby certified to the Woodbury County Auditor who is hereby directed to effect said levy and/or assessment against all of the said lands, etc., in the same ratio and upon the same classification as heretofore adopted, established and confirmed and enter same upon the tax list of Woodbury County for collection with the 2004/2005 real estate taxes.

DATED this 29th day of June , 2004.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Batcheller second by Walish to approve and authorize the Chairman to sign a resolution levying special assessment of $10,000 for the Wolf Creek Pumping drainage district for FY 2004-05. Carried 5-0.

Resolution No. 9800
RESOLUTION NO. 9800

WOLF CREEK PUMPING DISTRICT

RESOLUTION LEVYING SPECIAL ASSESSMENT AND CERTIFICATE
TO THE COUNTY AUDITOR OF WOODBURY COUNTY, IOWA

WHEREAS, the Woodbury County Board of Supervisors is the governing body of the Wolf Creek Pumping District of Woodbury County, Iowa; and
WHEREAS, said Board, as Trustees, has determined that it is necessary to levy a special tax and/or assessment on all tracts of land, lots, railroad companies and public highways within the boundaries of the said Pumping District.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the Woodbury County Board of Supervisors as the governing body of the Wolf Creek Pumping District, that a special tax and/or assessment in the sum of $10,000 be levied against all the tracts of land, lots, railroad companies and public highways within said Pumping District, same to be in the same ratio and upon the same classification as heretofore established, adopted and confirmed.
BE IT FURTHER RESOLVED that the said levy and/or assessment be and the same is hereby certified to the Woodbury County Auditor who is hereby directed to effect said levy and/or assessment against all of the said lands, etc., in the same ratio and upon the same classification as heretofore adopted, established and confirmed and enter same upon the tax list of Woodbury County for collection with the 2004/2005 real estate taxes.

DATED this 29th day of June , 2004.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Walish second by Batcheller to approve and authorize the Chairman to sign a Tax Exemption Certificate for an $800,000 General Obligation Capital Loan Note, Series 2004. Carried 3-2; Boykin and Clausen opposed. Copy filed.

Motion by Batcheller second by Walish to approve and authorize the Chairman to sign a resolution approving and authorizing a form of Loan Agreement and the issuance of Capital Loan Notes and tax levy to pay the notes. Carried 3-2; Boykin and Clausen opposed.

Resolution No. 9801

RESOLUTION NO. 9801
FORM OF LOAN AGREEMENT

This Loan Agreement is entered into as of the ____ day of _________________, 2004, by and between the County of Woodbury, State of Iowa (the 'County') acting through its Board of Supervisors (the 'Board') and Ruan Securities Corporation of Des Moines, Iowa (the 'Lender'). The parties agree as follows:

1. The Lender shall loan to the County the sum of $796,000, and the County's obligation to repay hereunder shall be evidenced by the issuance of General Obligation Capital Loan Notes, Series 2004, in the aggregate principal amount of $800,000 (the 'Notes').

2. The loan proceeds shall be used to pay costs of erection, equipping, remodeling, reconstruction, additions, and extensions to public buildings (the 'Project'). Any remaining loan proceeds, including accrued interest, if any, shall be deposited in the Note Fund (defined in the Resolution hereinafter referred to) and shall be held therein and used, along with other amounts therein, to pay interest on the Notes on December 1, 2004.

3. The County agrees to repay the loan and interest thereon as hereinafter provided. The Notes, in substantially the form set forth in the Resolution hereinafter referred to, shall be executed and delivered to the Lender to evidence the County's obligation to repay the amounts payable hereunder. The Notes shall be dated July 1, 2004, shall bear interest payable December 1, 2004, and semiannually thereafter on the first day of June and December in each year at the respective rates and shall mature in principal amounts in each of the respective years, as follows:

Interest Principal Maturity
Rate Amount June 1st

1.80% $160,000 2006
2.40% $160,000 2007
2.80% $160,000 2008
3.15% $160,000 2009
3.40% $160,000 2010

4. The Board has adopted a Resolution (the 'Resolution') authorizing and approving the form of this Loan Agreement and providing for the issuance and securing the payment of the Notes and establishing the terms thereof, and the Resolution is incorporated herein by reference, and the parties agree to abide by the terms and provisions of the Resolution. The Notes and the interest thereon shall be payable from the levy of a sufficient continuing annual tax on all the taxable property within the territory of the County and provision has been made in the Resolution for the levy and collection of such tax.

5. The County may borrow additional money, issue general obligation bonds or enter into other Loan Agreements and issue additional Notes which are at the time of their issuance on a parity and equality of rank with the Notes with respect to the lien and claim of such collection of taxes thereof provided that the total indebtedness of the County including this Loan Agreement and Notes issued hereunder does not exceed the Constitutional or statutory limitations.

6. The Lender is acquiring the Notes with the intent of making offers and sales of the Notes to the public. The Lender agrees to comply with all applicable federal and state securities laws and the rules and regulations of the Securities and Exchange Commission and the Municipal Securities Rulemaking Board, including but not limited to Rule 10b 5, in making offers and sales of the Notes to the public. The County agrees to cooperate with the Lender in preparing an official statement for use by the Lender in connection with its offering and sale of the Notes to the public, and to timely provide all information reasonably requested by the Lender for that purpose. All such information provided by the County will be true and correct in all material respects. Except with respect to the information provided by the County for such purpose, the Lender agrees that neither the County nor its employees or agents shall be liable for any loss, claim or damages arising out of or based upon any untrue statement or omission, or alleged untrue statement or alleged omission, made in the official statement, and the Lender agrees to indemnify and hold the County and its employees and agents harmless with respect thereto.

7. The Lender and the County represent and agree that no financial advisory relationship as defined by Rule G-23 of the Municipal Securities Rulemaking Board has existed between them with respect to this Loan Agreement or presently exists between them with respect to other similar matters and that no employee of the Lender is an employee or official of the County.

8. This Loan Agreement is executed pursuant to the provisions of Section 331.402 of the Code of Iowa, as amended, and shall be read and construed as conforming to all provisions and requirements thereof.

IN WITNESS WHEREOF, we have hereunto affixed our signatures all as of the date first above written.

COUNTY OF WOODBURY, STATE OF IOWA

Copy filed.

There was no action taken to authorize the Chairman to sign an Offer to Buy Real Estate and Acceptance.

Motion by Boykin second by Clausen to set the Public Hearing and Sale of Real Estate Parcel #017760 on July 13, 2004 at 10:15 a.m. Carried 5-0.

Resolution No. 9802

RESOLUTION # 9802
NOTICE OF PROPERTY SALE

Parcel # 017745 & 017760

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

Lots Four (4) Five (5) and Six (6), Block Seven (7), Sioux City East Addition, Sioux City, Woodbury County, Iowa (a.k.a. 508 Water St. & 201-205 5th 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 13th day of July, 2004,
at 10:15 oclock a.m. in the meeting room of the Board of Supervisors on the first floor of
the Woodbury County Courthouse.

2. The said Board proposes to sell the said parcel of real estate on the 13th day of July, 2004,
immediately following the closing of the public hearing, to the Siouxland Mental
Health Services, Inc. only per Code of Iowa 331.361(3).

3. That said Board proposes to sell the said real estate to the Siouxland Mental Health Services, Inc. only for consideration of $236,000.00 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 29th 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.

Motion by Clausen second by Batcheller to go into executive session under section 20.17(3) of the Iowa Code. Carried 5-0 on a roll call vote.

Motion by Batcheller second by Boykin to go out of executive session under section 20.17(3) of the Iowa Code. Carried 5-0 on a roll call vote.

The Board adjourned the regular meeting until July 6, 2004.