Minutes - 8/31/2004

AUGUST 31, 2004 – NINTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, August 31, 2004 at 9:00 a.m. Board members present were Batcheller, Clausen, Walish and Welte; Boykin was absent. 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 Clausen second by Walish to approve the Board minutes of August 24, 2004 as submitted. Carried 4-0.

The Board approved the appointment of Amber D. Wilkinson, P/T Youth Worker, Juvenile Detention Dept., @$12.79/hour, effective 8-30-04. Adjustment of Hire Date from 8-25-04 to 8-30-04. Copy filed.

The Board approved the appointment of Margaret J. Napier, Planning & Zoning Clerk II, Planning & Zoning Dept., @$10.91/hour, effective 9-01-04. Job Vacancy Posted: 7-16-04. Entry Level Salary: $10.91/hour. Copy filed.

The Board approved the separation of Sutton R. Barcelou, Temporary Summer Laborer, Secondary Roads Dept., effective 9-10-04. End of Temporary Work. Copy filed.

The Board approved the separation of Sonya D. Pierce, Executive Secretary/Public Bidder, Board Administration Dept., effective 9-10-04. Resignation. Copy filed.

There was no action taken to authorize the Chairman to sign the Authorization to Initiate the Hiring Process for Executive Secretary/Public Bidder for Board Administration Office.

J.D. Pellersels, Human Resource Director, discussed risk management procedures and claims, and insurance appraisal valuations on County buildings with the Board.

The Public Hearing and Sale of Real Estate Parcel # 115395 (also known as 1108 N. Irene) was held at 10:15 a.m. The Chairman called on anyone wishing to be heard on said sale.

Motion by Walish second by Clausen to close the Public Hearing on the sale of Real Estate Parcel #115395 as there was no one present wishing to be heard on said sale. Carried 4-0.

Chairman called for bids on Real Estate Parcel #115395. Richard Krueger bid the minimum bid of $106.00 plus recording fees. There were no further bids.

Motion by Batcheller second by Walish to accept Richard Krueger’s bid for $106.00 plus recording fees on Real Estate Parcel #115395. Carried 4-0.

The Public Hearing and Sale of Real Estate Parcel # 115410 (also known as 1110 N. Irene) was held at 10:15 a.m. The Chairman called on anyone wishing to be heard on said sale.

Motion by Batcheller second by Clausen to close the Public Hearing on the sale of Real Estate Parcel #115395 as there was no one present wishing to be heard on said sale. Carried 4-0.

Chairman called for bids on Real Estate Parcel #115410. Richard Krueger bid $106.00 plus recording fees. There were no further bids.

Motion by Clausen second by Walish to accept Richard Krueger’s bid for $106.00 plus recording fees on Real Estate Parcel #115410. Carried 4-0.

RESOLUTION OF THE BOARD OF SUPERVISORS
OF WOODBURY COUNTY, IOWA:
RESOLUTION # 9839

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

by Dirtworks, Inc. in the sum of Two-Hundred and Twelve Dollars & No/100 ($ 212.00) for the following

described real estate, To Wit:

Parcel #115395 & #115410
COLES ADDITION, CITY OF SIOUX CITY, WOODBURY COUNTY, IOWA
LOTS A AND B BLOCK THIRTY-ONE (31)
(1108-1110 N Irene Street, Sioux City, Iowa 51105)

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 LESS 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 Quit Claim Deed for the said premises to the said purchaser.
SO DATED this 31st day of August, 2004.
Woodbury County Board of Supervisors

Copy filed.

Motion by Batcheller second by Clausen to approve and authorize the Chairman to sign a resolution as amended accepting $250,000.00 grant from the City of Sioux City for the purpose of the expansion of the Woodbury County Law Enforcement Center. Carried 4-0.

RESOLUTION 9840

WHEREAS, Woodbury County, Iowa is in the process of expanding the jail facilities in the Woodbury County Law Enforcement Center and is seeking a grant from the City of Sioux City for the purpose of purchasing an additional site needed for the construction of such facility; and

WHEREAS, Woodbury County agrees to use the grant for the purpose of purchasing land for use in the construction and operation of additional jail facilities for the Woodbury County Law Enforcement Center and if the land is used for any other public purpose than the jail, prior consultation with the City would be required; and

WHEREAS, the City Council should approve a grant of $250,000 to Woodbury County for such site acquisition upon the receipt from Woodbury County proper written assurances that certain conditions have been met;

NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of Woodbury County, Iowa that upon receipt of $250,000 from the City of Sioux City, the county will use said $250,000 towards the purchase of land intended to be used for the expansion of the Woodbury County Law Enforcement Center.

NOW, THEREFORE BE IT FURTHER RESOLVED that if the County decides to use the land for any public purpose other than jail expansion, the County will consult with the City prior to any such use.

BE IT RESOLVED THIS DAY OF August 31, 2004.

Woodbury County Board of Supervisors

Copy filed.

Motion by Clausen second by Walish to approve and authorize the Chairman to sign a resolution approving petition of Siouxland Residential Services, Inc. for suspension of taxes through the redemption process. Carried 4-0.

WOODBURY COUNTY, IOWA

RESOLUTION # 9841

RESOLUTION APPROVING PETITION FOR SUSPENSION
OF TAXES THROUGH THE REDEMPTION PROCESS

WHEREAS, Siouxland Residential Services, Inc. as joint titleholder of real estate located at 1815 Pierce Street, Sioux City, Woodbury County, Iowa, and legally described as follows:

Parcel #246870 & 246825

West Forty-eight feet (48’) Lot One (1), Lots Two thru Six (2-6) Inclusive Block Seventeen (17) Higmans 2nd Addition, City of Sioux City, Woodbury County, Iowa

WHEREAS, Siouxland Residential Services, Inc., as joint titleholder of the aforementioned property has petitioned the Board of Supervisors for a suspension of taxes pursuant to the 1999 Iowa Code Section 447.9(3) and,

WHEREAS, the Board of Supervisors recognizes from documents provided that the petitioner is unable to provide to the public revenue; and

NOW, THEREFORE, BE IT RESOLVED, that the Woodbury County Board of Supervisors hereby directs the County Auditor to redeem parcels # 246825 & 246870 owned by the petitioner from the holder of a certificate of purchase of the amount necessary to redeem under section 447.1, and hereby directs the Woodbury County Treasurer to so record the approval of this tax suspension for this parcel.

SO RESOLVED this 31st day of August, 2004

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Batcheller second by Clausen to set the Public Hearing and Sale of Real Estate Parcel #600480 on September 14, 2004, at 10:14 a.m. to the City of Cushing. Carried 4-0.

RESOLUTION #9842

NOTICE OF PROPERTY SALE

Parcel # 600480

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

Lot One (1) Block one (1) City of Cushing, Woodbury County, State of Iowa
(301 1st Street, Cushing, Iowa 51018)

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
14th day of September, 2004, at 10:14 o’clock 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 14th day of September, 2004, immediately following the closing of
the public hearing, to the City of Cushing, Iowa only per Code of Iowa 331.361(3).

3. That said Board proposes to sell the said real estate to the City of
Cushing, Iowa, only for consideration of $1.00 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 31st day of August, 2004.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Walish second by Clausen to set the Public Hearing and Sale of Real Estate Parcel #249405 on September 14, 2004, at 10:15 a.m. to the Chicago, St. Paul, Minneapolis and Omaha Railway. Carried 4-0.

RESOLUTION #9843

NOTICE OF PROPERTY SALE

Parcel # 249405

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

HIGMANS 2ND LOWELL ADDITION CITY OF SIOUX CITY , WOODBURY COUNTY, IOWA, EX R R LOWELL AVE LOTS TWO – TWENTY-EIGHT (2-28) BLOCK THIRTEEN (13)

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 14th day of September, 2004, at 10:15 o’clock a.m. in the meeting 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 14th day of September, 2004, immediately following the closing of
the public hearing, to the Chicago, St. Paul, Minneapolis & Omaha Railway only per Code of Iowa 331.361(2).

3. That said Board proposes to sell the said real estate to the Chicago, St. Paul, Minneapolis & Omaha Railway for consideration of $1,162.00 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 31st day of August, 2004.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Walish second by Clausen to set the Public Hearing and Sale of Real Estate Parcel #332160 on September 14, 2004, at 10:16 a.m. to the Chicago, St. Paul, Minneapolis and Omaha Railway. Carried 4-0.

RESOLUTION #9844

NOTICE OF PROPERTY SALE

Parcel # 332160

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

LOT ONE (1) TO SIX (6) INCLUDING BLOCK ONE (1) STRIP TWELVE FEET (12’) EAST SIDE LOT 5 THROUGH 6 (5-6) BLOCK ONE (1) AND LOT A BLOCK ONE (1) AND A STRIP TWELVE FEET (12’) ON EAST SIDE LOT A BLOCK ONE (1)
LOWELL ADDITION, CITY OF SIOUX CITY, WOODBURY COUNTY, IOWA

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 14th day of September, 2004, at 10:16 o’clock a.m. in the meeting 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 14th day of September, 2004, immediately following the closing of
the public hearing, to the Chicago, St. Paul, Minneapolis & Omaha
Railway only per Code of Iowa 331.361(2).

3. That said Board proposes to sell the said real estate to the Chicago, St. Paul, Minneapolis & Omaha Railway for consideration of $ 768.00 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 31st day of August, 2004.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Walish second by Clausen to set the Public Hearing and Sale of Real Estate Parcel #332295 on September 14, 2004, at 10:17 a.m. to the Chicago, St. Paul, Minneapolis and Omaha Railway. Carried 4-0.

RESOLUTION #9845

NOTICE OF PROPERTY SALE

Parcel # 332295

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

EXCEPT FLOYD BOULEVARD LOTS EIGHT (8) AND NINE (9) BLOCK TWO (2)
LOWELL ADDITION, CITY OF SIOUX CITY, WOODBURY COUNTY, IOWA

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 14th day of September, 2004, at 10:17 o’clock a.m. in the meeting 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 14th day of September, 2004, immediately following the closing of
the public hearing, to the Chicago, St. Paul, Minneapolis & Omaha Railway only per Code of Iowa 331.361(2).

3. That said Board proposes to sell the said real estate to the Chicago, St. Paul, Minneapolis & Omaha Railway for consideration of $ 235.00 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 31st day of August, 2004.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Walish second by Clausen to set the Public Hearing and Sale of Real Estate Parcel #381480 on September 14, 2004, at 10:18 a.m. to the Chicago, St. Paul, Minneapolis and Omaha Railway. Carried 4-0.

RESOLUTION #9846

NOTICE OF PROPERTY SALE

Parcel # 381480

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

PART OF LOTS THREE THROUGH EIGHT (3-8) BLOCK SIX (6) EXCEPT PART TO CITY FOR STREET
ORCHARD HILL ADDITION, CITY OF SIOUX CITY, WOODBURY COUNTY, IOWA

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 14th day of September, 2004, at 10:18 o’clock a.m. in the meeting 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 14th day of September, 2004, immediately following the closing of
the public hearing, to the Chicago, St. Paul, Minneapolis & Omaha Railway only per Code of Iowa 331.361(2).

3. That said Board proposes to sell the said real estate to the Chicago, St. Paul, Minneapolis & Omaha Railway for consideration of $ 114.00 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 31st day of August, 2004.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Walish second by Clausen to set the Public Hearing and Sale of Real Estate Parcel #381570 on September 14, 2004, at 10:19 a.m. to the Chicago, St. Paul, Minneapolis and Omaha Railway. Carried 4-0.

RESOLUTION #9847

NOTICE OF PROPERTY SALE

Parcel # 381570

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

LOTS ONE THROUGH THREE (1-3) BLOCK NINE LAFAYETTE STREET BETWEEN BLOCK TEN-ELEVEN (10-11) CLARK STREET BETWEEN S C SERVICE COMPANY RIGHT OF WEST AND NORTH LINE 19TH STREET EXCEPT S C SERVICE CO RIGHT OF WEST LOTS ONE THROUGH THREE (1-3) BLOCK TEN (10) LOTS FOUR THROUGH SEVEN (4-7) BLOCK TEN (10) EXCEPT RIGHT OF WEST LOTS EIGHT THROUGH TEN (8-10) BLOCK TEN (TEN)
ORCHARD HILL ADDITION, CITY OF SIOUX CITY, WOODBURY COUNTY, IOWA

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 14th day of September, 2004, at 10:19 o’clock a.m. in the meeting 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 14th day of September, 2004, immediately following the closing of
the public hearing, to the Chicago, St. Paul, Minneapolis & Omaha Railway only per Code of Iowa 331.361(2).

3. That said Board proposes to sell the said real estate to the Chicago, St. Paul, Minneapolis & Omaha Railway for consideration of $ 630.00 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 31st day of August, 2004.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Walish second by Clausen to set the Public Hearing and Sale of Real Estate Parcel #381585 on September 14, 2004, at 10:20 a.m. to the Chicago, St. Paul, Minneapolis and Omaha Railway. Carried 4-0.

RESOLUTION #9848

NOTICE OF PROPERTY SALE

Parcel # 381585

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

LOTS ELEVEN THROUGH FOURTEEN (11-14) BLOCK TEN (10) EXCEPT RIGHT OF WAY LOT FIFTEEN (15) BLOCK TEN (10) ALLYS IN AND EXCEPT RIGHT OF WAY LOT FIFTEEN (15) BLOCK TEN (10)
ORCHARD HILL ADDITION, CITY OF SIOUX CITY, WOODBURY COUNTY, IOWA

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 14th day of September, 2004, at 10:20 o’clock a.m. in the meeting 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 14th day of September, 2004, immediately following the closing of
the public hearing, to the Chicago, St. Paul, Minneapolis & Omaha Railway only per Code of Iowa 331.361(2).

3. That said Board proposes to sell the said real estate to the Chicago, St. Paul, Minneapolis & Omaha Railway for consideration of $ 281.00 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 31st day of August, 2004.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Walish second by Clausen to set the Public Hearing and Sale of Real Estate Parcel #381615 on September 14, 2004, at 10:21 a.m. to the Chicago, St. Paul, Minneapolis and Omaha Railway. Carried 4-0.

RESOLUTION #9849

NOTICE OF PROPERTY SALE

Parcel # 381615

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

PART OF LOTS TWO THROUGH SIX (2-6) BLOCK ELEVEN (11) LOT SEVEN THROUGHT EIGHT (7-8) BLOCK ELEVEN (11) ALLEY OF LOT SIX , SEVEN, AND EIGHT (6-7-8) BLOCK ELEVEN PART SOUTHEAST OF S C SERVICE CO RIGHT OF WAY LOTS NINE, TEN, AND ELEVEN (9-10-11) BLOCK ELEVEN EXCEPT PORTION OF LOTS NINE (9) AND TEN (10)
ORCHARD HILL ADDITION, CITY OF SIOUX CITY, WOODBURY COUNTY, IOWA

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 14th day of September, 2004, at 10:21 o’clock a.m. in the meeting 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 14th day of September, 2004, immediately following the closing of
the public hearing, to the Chicago, St. Paul, Minneapolis & Omaha Railway only per Code of Iowa 331.361(2).

3. That said Board proposes to sell the said real estate to the Chicago, St. Paul, Minneapolis & Omaha Railway for consideration of $ 213.00 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 31st day of August, 2004.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Batcheller second by Walish to approve and receive for signatures a Resolution naming depositories for Woodbury County Treasurer. Carried 4-0.

RESOLUTION NAMING DEPOSITORIES #9850

BE IT RESOLVED by the Woodbury County Board of Supervisors in Woodbury County, Iowa: That we do hereby designate the following named banks to be depositories of the Woodbury County funds in amounts not to exceed the amount named opposite each of said designated depositories and Robert Knowler, Woodbury County Treasurer is hereby authorized to deposit the Woodbury County funds in amounts not to exceed in the aggregate the amounts named for said banks as follows, to wit:

MAXIMUM DEPOSIT MAXIMUM DEPOSIT
In the effect
Prior under the
NAME OF DEPOSITORY LOCATION resolution resolution

U.S. Bank Sioux City, Iowa $50,000,000 $50,000,000

Security National Bank Sioux City, Iowa 50,000,000 50,000,000

Wells Fargo Bank Sioux City, Iowa 50,000,000 50,000,000

Morningside Bank & Trust Sioux City, Iowa 50,000,000 50,000,000

First National Bank Sioux City, Iowa 50,000,000 50,000,000

First Federal Savings & Bank Sioux City, Iowa 1,000,000 5,000,000

Pioneer Bank Sergeant Bluff, Iowa 5,000,000 5,000,000

Sloan State Bank Sloan, Iowa 1,000,000 1,000,000

Valley Bank & Trust Danbury, Iowa 1,000,000 1,500,000

Iowa/Nebraska State Bank Hornick, Iowa 1,000,000 5,000,000

First National Bank Correctionville, Iowa 1,000,000 5,000,000

First Trust & Savings Bank Moville, Iowa 1,000,000 1,000,000

American National Bank Moville, Iowa 1,000,000 5,000,000

Heritage Bank Anthon, Iowa 3,000,000 3,000,000

Liberty Bank Sioux City, Iowa 500,000 5,000,000

First American Bank Sioux City, Iowa 5,000,000 10,000,000

Central Bank Sioux City, Iowa 10,000,000

SO RESOLVED this 31st day of August, 2004

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Batcheller second by Walish to approve and receive for signatures a Resolution naming depositories for Woodbury County Conservation. Carried 4-0.

RESOLUTION NAMING DEPOSITORIES #9851

BE IT RESOLVED by the Woodbury County Board of Supervisors in Woodbury County, Iowa: That we do hereby designate the following named banks to be depositories of the Woodbury County funds in amounts not to exceed the amount named opposite each of said designated depositories and Rick Schneider, Woodbury County Conservation is hereby authorized to deposit the Woodbury County funds in amounts not to exceed in the aggregate the amounts named for said banks as follows, to wit:

MAXIMUM DEPOSIT MAXIMUM DEPOSIT
In the effect under the
Prior resolution
NAME OF DEPOSITORY LOCATION resolution

Pioneer Valley Savings Bank Sergeant Bluff, Iowa $15,000 $20,000

First National Bank Correctionville, Iowa $15,000 $20,000

SO RESOLVED this 31st day of August, 2004

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Bid letting was held for propane fuel for 2004-2005.

Bids were as follows:

Name Amount of Bid
Ferrellgas, South Sioux City, NE $41,160.00
Johnson Propane Heating, Battle Creek, IA $39,200.00
Sapp Bros. Petroleum, Salix, IA $37,840.00
Western Iowa Co-op, Hornick, IA $42,400.00

There were no further bids.

Motion by Clausen second by Walish to award the bid for propane fuel to Sapp Bros. Petroleum, Salix, IA for the amount of $37,840.00 for the period September 1, 2004 through August 31, 2005, subject to the review of the County Engineer. Carried 4-0. Copy filed.

Motion by Batcheller second by Walish to authorize the Chairman to sign Certificate of Completion for Project LPR-02(1)--73-97, per recommendation of the County Engineer. Carried 4-0. Copy filed.

The Board discussed request from Heath Mallory, General Manager of Western Iowa Telephone Association, to place equipment cabinet on County owned property.

The Board discussed Florence Crittenton Home of Sioux City, Iowa Project.

Motion by Batcheller second by Clausen to approve and authorize the Chairman to sign a Resolution authorizing the execution of the Memorandum of Agreement with Florence Crittenton Home of Sioux City, and setting the Public Hearing on September 28, 2004 at 10:30 a.m. on the proposed issuance of revenue bonds or notes. Carried 4-0.

RESOLUTION No. 9852

A Resolution authorizing the execution of a Memorandum of Agreement with Florence Crittenton Home of Sioux City, Iowa and fixing a date for a hearing on the proposed issuance of revenue bonds or notes.

WHEREAS, the County of Woodbury, State of Iowa (the “Issuer”), is a County authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 2003 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 (a “Tax Exempt Organization”) or to retire any existing indebtedness on a facility for a Tax Exempt Organization or to refund any Bonds issued pursuant to the Act; and

WHEREAS, the Issuer has been requested by Florence Crittenton Home of Sioux City, Iowa (the “Borrower”), a Tax Exempt Organization, to issue revenue bonds or notes, in an aggregate principal amount not to exceed $1,450,000 (the “Bonds”) pursuant to the Act, and to loan said amount to the Borrower for the purpose of (1) retiring existing debt (the “Existing Debt”) from First National Bank, Sioux City, Iowa (the “Lender”), the proceeds of which were applied to finance the acquisition of the Borrower’s facility used for the Borrower’s administrative offices, maternal health program and community based social work located at 303 West 24th Street, Sioux City, Iowa (the “Crittenton Center”), and to refinance the acquisition of the Borrower’s facility used for emergency residential care for adolescents located at 3901 Green Avenue, Sioux City, Iowa (the “Children’s Emergency Shelter”); (2) financing the equipping, furnishing, remodeling and improving of the Crittenton Center and the Children’s Emergency Shelter (the “Project”); and (3) financing the 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 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, before the Bonds may be issued, it is necessary to conduct a public hearing on the proposal to issue the Bonds, all as required and provided for by Section 419.9 of the Act and Section 147(f) of the Code; and

WHEREAS, a Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto, has been presented to the Issuer under the terms of which the Issuer agrees, subject to the provisions of such Agreement, to pursue proceedings necessary under the Act to issue the Bonds for such purpose;

NOW, THEREFORE, IT IS RESOLVED by the Board of Supervisors of the Issuer, as follows:

Section 1. The Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto is hereby approved, and the Chairperson is hereby authorized to execute said Memorandum of Agreement and the County Auditor is hereby authorized to attest the same and to affix the seal of the Issuer thereto; said Memorandum of Agreement, which constitutes and is hereby made a part of this Resolution, to be in substantially the form, text and containing the provisions set forth in Exhibit A attached hereto.

Section 2. Officials of the Issuer are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement.

Section 3. This Board shall meet at 10:00 a.m. on the 28th day of September, 2004, in Room 104 at the Woodbury County Courthouse, 620 Douglas Street, Sioux City, Iowa, at which time and place any resident or property owner of the Issuer may present oral or written objections on the proposal to issue the Bonds referred to in the preamble hereof.

Section 4. The County Auditor is hereby directed to give notice of intention to issue the Bonds, setting forth the amount and purpose thereof, the time when and place where the hearing will be held, by publication at least once not less than fifteen (15) days prior to the date fixed for the hearing, in a newspaper published and having a general circulation within the Issuer. The notice shall be in substantially the following form:

NOTICE OF INTENTION TO ISSUE REVENUE BONDS OR NOTES
(FLORENCE CRITTENTON HOME PROJECT)

The Board of Supervisors of Woodbury County, Iowa, (the “Issuer”) will meet on the 28th day of September, 2004, at 10:00 a.m. on the 28th day of September, 2004, in Room 104 at the Woodbury County Courthouse, 620 Douglas Street, Sioux City, Iowa, for the purpose of conducting a public hearing on the proposal to issue revenue bonds or notes of the Issuer, in an aggregate principal amount not to exceed $1,450,000 (the “Bonds”), and to loan said amount to Florence Crittenton Home of Sioux City, Iowa (the “Borrower”), for the purpose of (1) retiring existing debt (the “Existing Debt”) from First National Bank, Sioux City, Iowa (the “Lender”), the proceeds of which were applied to finance the acquisition of the Borrower’s facility used for the Borrower’s administrative offices, maternal health program and community based social work located at 303 West 24th Street, Sioux City, Iowa (the “Crittenton Center”), and to refinance the acquisition of the Borrower’s facility used for emergency residential care for adolescents located at 3901 Green Avenue, Sioux City, Iowa (the “Children’s Emergency Shelter”); (2) financing the equipping, furnishing, remodeling and improving of the Crittenton Center and the Children’s Emergency Shelter (the “Project”); and (3) financing the costs of issuance and certain other costs associated with the issuance of the Bonds. The Borrower will own and operate both facilities.

The Bonds, when issued, will be limited obligations and will not constitute general obligations of the Issuer nor will they be payable in any manner by taxation, but the Bonds will be payable solely and only from amounts received by the Issuer under a Loan Agreement between the Issuer and the Borrower, the obligations of which will be sufficient to pay the principal of and interest and redemption premium, if any, on the Bonds as and when the same shall become due.

At the time and place, oral or written objections from any resident or property owner of the Issuer may be presented. At such meeting or any adjournment thereof, the Issuer shall adopt a resolution determining whether or not to proceed with the issuance of the Bonds. Written comments may also be submitted to the Issuer at the Woodbury County Courthouse, 620 Douglas Street, Sioux City, Iowa 51101. Written comments must be received by the above hearing date.

By order of the Board of Supervisors of Woodbury County, Iowa.

Section 5. The Borrower declares (a) that it intends to undertake the Project, (b) that other than (i) expenditures to be paid or reimbursed from sources other than the Bonds, or (ii) expenditures made not earlier than 60 days prior to the date of this Resolution, or (iii) expenditures amounting to the lesser of $100,000 or 5% of the proceeds of the Bonds, or (iv) expenditures constituting preliminary expenditures as defined in Section 1.150-2(f)(2) of the Regulations, no expenditures for the Project have heretofore been made by the Borrower and no expenditures will be made by the Borrower until after the date of this Resolution, and (c) that the Borrower reasonably expects to reimburse the expenditures made for costs of the Project out of the proceeds of the Bonds. This declaration is a declaration of official intent adopted pursuant to Section 1.150-2 of the Regulations.

Section 6. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict.

Passed and approved on August 31, 2004.

WOODBURY COUNTY BOARD OF SUPERVISORS

EXHIBIT A
MEMORANDUM OF AGREEMENT

THIS MEMORANDUM OF AGREEMENT is between the County of Woodbury, Iowa, (the “Issuer”) and Florence Crittenton Home (the “Borrower”).

1. Preliminary Statement. Among the matters of mutual inducement which have resulted in the execution of this Agreement are the following:

(a) The Issuer is authorized by Chapter 419 of the Code of Iowa, 2003, 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 (a “Tax Exempt Organization”) or to retire any existing indebtedness on a facility for a Tax Exempt Organization and to refund any Bonds issued pursuant to the Act.

(b) The Borrower wishes to obtain satisfactory assurance from the Issuer that, subject to the public hearing required by the Act and Section 147(f) of the Code, such bonds will be issued by the Issuer for the purpose of (1) retiring existing debt (the “Existing Debt”) from First National Bank, Sioux City, Iowa (the “Lender”), the proceeds of which were applied to finance the acquisition of the Borrower’s facility used for the Borrower’s administrative offices, maternal health program and community based social work located at 303 West 24th Street, Sioux City, Iowa (the “Crittenton Center”), and to refinance the acquisition of the Borrower’s facility used for emergency residential care for adolescents located at 3901 Green Avenue, Sioux City, Iowa (the “Children’s Emergency Shelter”); (2) financing the equipping, furnishing, remodeling and improving of the Crittenton Center and the Children’s Emergency Shelter (the “Project”); and (3) financing the costs of issuance and certain other costs associated with the issuance of the Bonds.

2. Undertakings on the Part of the Issuer.

(a) The Issuer will begin the proceedings necessary to authorize the issuance of such revenue bonds or notes, in an aggregate principal amount not to exceed $1,450,000 (the “Bonds”).

(b) Subject to due compliance with all requirements of law, including the provisions of and the public hearing required by the Act, it will cooperate with the Borrower in the issuance and sale of such Bonds, and the proceeds from the issuance of such Bonds shall be loaned to the Borrower upon terms sufficient to pay the principal of and interest and redemption premium, if any, on such Bonds, as and when the same shall become due.
3. Undertakings on the Part of the Borrower.

(a) The Borrower will use all reasonable efforts to cooperate with the Issuer and comply with the Act and all other provisions of law relating to retiring the Existing Debt and the issuance and sale of such Bonds.

(b) The Borrower will enter into a Loan Agreement with the Issuer under the terms of which the Borrower will obligate itself to pay to the Issuer sums sufficient to pay the principal of and interest and redemption premium, if any, on such Bonds as and when the same shall become due and payable.

4. General Provisions.

(a) All commitments on the part of the Issuer and the Borrower herein are subject to the condition that on or before two years from the date hereof (or such other date as shall be mutually agreed to) the Issuer and the Borrower shall have agreed to mutually acceptable terms relating to the issuance and sale of such bonds, and mutually acceptable terms and conditions of the documents referred to in paragraphs 2 and 3 hereof.

(b) Whether or not the events set forth in (a) of this paragraph take place within the time set forth or any extension thereof, the Borrower agrees (i) to pay all applicable review fees required by the Issuer at the times and in the amounts requested and (ii) to reimburse the Issuer for all reasonable and necessary direct out of pocket expenses which the Issuer may incur, including but not limited to, legal fees, administrative costs, printing and publication costs and filing fees arising from the execution of this Agreement and the performance, or preparation to perform by the Issuer, of its obligations hereunder, or done at the request of the Borrower.

(c) All commitments of the Issuer hereunder are further subject to the conditions that the Issuer shall in no event incur any liability for any act or omission hereunder, and that such bonds described herein shall not constitute an indebtedness of the Issuer within the meaning of any constitutional or statutory provision and shall not constitute or give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers.

The execution of this Memorandum of Agreement by the Issuer is not intended to nor does it create a binding commitment on the part of the Issuer to proceed with the issuance of the Bonds. It is further understood that the issuance of the Bonds is subject to further review by the Board of Supervisors of the Issuer and compliance with all provisions of the Act and the Internal Revenue Code, including the holding of a public hearing with respect thereto.

(d) Preparation of all resolutions, agreements, instruments, certificates or other documents in final form for adoption and execution shall be the sole responsibility of Bond Counsel.

(e) Counsel for the Issuer shall timely certify, if requested by Bond Counsel, the non-existence of threatened litigation, pending litigation or claims with respect to the proposed bond issue. All other attorneys' opinions or certificates with respect to issuing authority, non-arbitrage, regularity of proceedings, or otherwise shall be the responsibility of Borrower Counsel or Bond Counsel.

Copy filed.

Motion by Clausen second by Walish to approve and authorize the Chairman to sign Assurances and Certifications for Decategorization Plan for 2004. Carried 4-0. Copy filed.

Motion by Clausen second by Batcheller to authorize the Chairman to sign letter of support for the Boys and Girls Home and Family Services, Inc., to apply for a contract with the Federal Government, Bureau of Corrections. Carried 4-0. Copy filed.

The Board of Supervisors held a drawing to determine the ballot position for non-partisan contests in the General Election.

Victoria Ritz presented the Board with the candidate names to be drawn by lot for ballot position of the non partisan contests on the General Election Ballot. The names were drawn for the contests listed as follows:

County Agricultural Extension Council – 4 Year Term
Position #1 – John Wilcox
Position #2 – Thomas Ullrich
Position #3 – Julie Case
Position #4 – Jani Sparr

County Agricultural Extension Council – 2 Year Unexpired Term
Only one candidate, therefore Position #1 – Mark Reinders

Soil & Water Conservation District Commissioner
Position #1 – James D. Brown
Position #2 – Kevern R. Koskovich
Position #3 – Kenneth Gard
Position #4 – Lyle Mitchell

Mark Olsen from Juvenile Detention discussed electronic doors with the Board.

Motion by Batcheller second by Walish to approve a request for a security system at the Trosper-Hoyt Building to be paid for from Riverboat Funds. Carried 4-0.

Motion by Walish second by Clausen to authorize the Chairman to sign Amendment & Renewal to the Contract for Woodbury County for Gang Prevention Specialist, effective as of October 1, 2004. Carried 4-0. Copy filed.

County Engineer Richard Storm and the Board discussed proposed method of Secondary Road and Farm-to-Market road use tax allocation.

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 Batcheller second by Walish to go into Executive Session per Iowa Code Section 21.5(1)(c). Carried 4-0 on a roll call vote.

Motion by Batcheller second by Walish to go out of Executive Session. Carried 4-0 on a roll call vote.

Motion by Clausen second by Batcheller to direct counsel to pursue all available appellate remedies concerning Swipies v. Kofka. Carried 4-0.

Motion by Walish second by Batcheller to direct counsel to pursue all available post-trial and appellate remedies concerning Sweum, et al. v. Amick, et al. Carried 4-0.

Motion by Batcheller second by Walish to authorize counsel to proceed in accordance with his recommendation concerning Fleenor v. Woodury County, et al. Carried 4-0.

There was a recess for lunch.

Meeting called to order.

At the request of J.D. Pellersells, Human Resources Director, an executive session was held for his performance evaluation.

Motion by Batcheller second by Clausen to go into Executive Session for personnel evaluation. Carried 4-0 on roll call vote.

Motion by Batcheller second by Clausen to go out of Executive Session. Carried 4-0 on a roll call vote.

At the request of Patty Erickson Puttman, Social Services Coordinator, an executive session was held for her performance evaluation.

Motion by Clausen second by Walish to go into Executive Session for personnel evaluation. Carried 4-0 on a roll call vote.

Motion by Walish second by Batcheller to go out of Executive Session. Carried 4-0 on roll call vote.

The Board adjourned the regular meeting until September 7, 2004.