Minutes - 9/28/2004

SEPTEMBER 28, 2004 - THIRTEENTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, September 28, 2004 at 9:00 a.m. Board members present were Batcheller, Boykin, Clausen and Welte; Walish was absent. Staff members present were Karen James, Board Administrative Coordinator, Jean Jessen, Deputy/Clerk to the Board, and John Sullivan, Board Legal Counsel.

The Claims were approved as presented. Copy filed.

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

The Board canvassed the Western Iowa Tech Community College Election held on September 14, 2004.

Victoria L. Ritz, Deputy Commissioner of Elections, presented the canvass as follows:

For the office of Western Iowa Tech Community College Board Member, Director District I 1 Vacancy, there were Two Hundred Seventy (270) ballots cast as follows:

Norm Lang received Two hundred sixty-eight 268 votes
Scattered Write-In Votes received Two 2 votes

We therefore declare Norm Lang duly elected to the office of Western Iowa Tech Community College School Board Member, Director District I, for the term of three (3) years.

For the office of Western Iowa Tech Community College Board Member, Director District III 1 Vacancy, there were Four-Hundred Seventy Four (474) ballots cast as follows:

Bob Rasmus received Four hundred seventy 470 votes
Scattered Write-In Votes received Seven 7 votes

We therefore declare Bob Rasmus duly elected to the office of Western Iowa Tech Community College Board Member, Director District III, for the term of three (3) years.

For the office of Western Iowa Tech Community College Board Member, Director District V 1 Vacancy, there were Three Hundred Three (303) ballots cast as follows:

Deborah J. Cook received Two hundred ninety-eight 298 votes
Scattered Write-In Votes received Five 5 votes

We therefore declare Deborah J. Cook duly elected to the office of Western Iowa Tech Community College Board Member, Director District V, for the term of three (3) years.

Motion by Batcheller second by Boykin to receive and approve the official canvass results of the Western Iowa Tech Community College Election. Carried 5-0. Copy filed.

Meeting called to order.

Motion by Boykin second by Clausen to approve the Board minutes of September 21, 2004 as submitted. Carried 4-0.

Motion by Batcheller second by Boykin to approve the minutes of the first Executive Session of September 21, 2004 as submitted. Carried 4-0.

Motion by Batcheller second by Boykin to approve the minutes of the second Executive Session of September 21, 2004 as submitted. Carried 4-0.

There was no action taken to approve the Board minutes for the Special Meeting of September 17, 2004.

The Board approved the reclassification of Brent E. DeVries, Correctional Officer, County Sheriff Dept., @$14.72/hour, effective 10-01-04. Per DSA Contract agreement, from Class 4 to Class 3. Copy filed.

The Board approved the reclassification of Amy L. Ellis, Assistant County Attorney, County Attorney Dept., @$44,988.00/year, effective 10-02-04. Per AFSCME Attorney Contract agreement, from Step 2 to Step 3. Copy filed.

The Board approved the reclassification of Alma L. Cespedes, P/T Youth Worker, Juvenile Detention Dept., @$13.29/hour, effective 10-03-04. Per AFSCME Juvenile Detention Contract agreement, from Grade 1, Step 1 to Grade 1, Step 2. Copy filed.

The Board approved the reclassification of Lisa M. Welte, P/T Youth Worker, Juvenile Detention Dept., @$13.29/hour, effective 10-03-04. Per AFSCME Juvenile Detention Contract agreement, from Grade 1, Step 1 to Grade 1, Step 2. Copy filed.

The Board approved the reclassification of Zachary L. Lewis, P/T Youth Worker, Juvenile Detention Dept., @$13.29/hour, effective 10-03-04. Per AFSCME Juvenile Detention Contract agreement, from Grade 1, Step 1 to Grade 1, Step 2. Copy filed.

The Board approved the appointment of Andrew W. Kleespies, Equipment Operator, Secondary Roads Dept., @$15.22/hour, effective 10-06-04. Job Vacancy Posted: 8-11-04. Entry Level Salary: $15.22/hour. Copy filed.

Motion by Clausen second by Batcheller to approve and authorize the Chairman to sign the authorization to initiate hiring process for a Motor Vehicle Clerk II, County Treasurer Dept., Entry Level: AFSCME Cthouse./Grade 4: $11.06/hour. Carried 4-0. Copy filed.

J.D. Pellersels, Human Resource Director, gave an update on consultant services, position descriptions and policies/procedures.

Motion by Batcheller second by Boykin to approve a request for an additional $3,800.00 to complete position descriptions to be funded from riverboat funds. Carried 4-0 Copy filed.

Motion by Boykin second by Clausen to authorize Gary Brown, Director Disaster of Disaster & Emergency Services, to sign FFA documents. Carried 4-0. Copy filed.

The Public Hearing and sale of Real Estate Parcel #584370 was held at 10:15 a.m. The Chairman called on anyone wishing to be heard on said sale.

Motion by Batcheller second by Boykin to close the Public Hearing on the sale of Real Estate Parcel #584370 as there was no one present wishing to be heard on said sale. Carried 4-0.

Motion by Clausen second by Batcheller to accept the City of Anthons bid for $1.00 plus recording fees on Real Estate Parcel #584370. Carried 4-0.

RESOLUTION OF THE BOARD OF SUPERVISORS
OF WOODBURY COUNTY, IOWA:
RESOLUTION # 9870

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

By City of Anthon in the sum of One Dollar & No/100 ($1.00)

for the following described real estate, To Wit:

Parcel #584370
Lot Seventeen (17) Block Eleven (11) City of Anthon, Woodbury County, Iowa
(107 S. 2nd Ave., Anthon, IA)

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 28th day of September, 2004.
WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Boykin second by Clausen to approve and authorize the Chairman to sign Resolution No. 9871 approving abatement of taxes on Parcel #799860 for Woodbury County Tower. Carried 4-0.

WOODBURY COUNTY, IOWA

RESOLUTION # 9871

RESOLUTION APPROVING ABATEMENT OF TAXES

WHEREAS, the Woodbury County, Iowa are the titleholders of real estate Parcels #799860 located in Woodbury County, Iowa and legally described as follows:

Parcel #799860

1.43 AC TCT IN NW SW NW 29-88-44 Wolf Creek Township, Woodbury County, Iowa

WHEREAS, the above stated property has an unpaid balance of taxes owing, and the parcel is owned by a political subdivision of the state; and

WHEREAS, the political subdivision, namely the Woodbury County, Iowa, is failing to immediately pay the taxes due; and

WHEREAS, the Board of Supervisors sees that good cause exists for the abatement of these taxes and any future taxes that may be levied against this parcel; and

NOW, THEREFORE, BE IT RESOLVED, that the Woodbury County Board of Supervisors hereby abates the taxes owing on the above parcels according to Code of Iowa, 445.63, and hereby directs the Woodbury County Treasurer to abate these aforementioned taxes from the tax records.

SO RESOLVED this 28th day of September, 2004.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Clausen second by Batcheller to set the Public Hearing and Sale of Real Estate Parcel #223575 on October 12, 2004 at 10:15 a.m. Carried 4-0.

RESOLUTION # 9872

NOTICE OF PROPERTY SALE

Parcel #223575

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

Highland Plat 3 Fawcetts Sub Division Lots A-B-C-D-E-F Lot One (1) Block Three (3), City of Sioux City, Woodbury County, Iowa (a.k.a. 103 Casselman 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 12th Day of October 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. That said Board proposes to sell the said parcel of real estate at a
public auction to be held on the 12th Day of October 2004, immediately
following the closing of the public hearing.

3. That said Board proposes to sell the said real estate to the highest
bidder at or above a total minimum bid of $ 508.00 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 28th Day of September, 2004.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Batcheller second by Clausen to authorize the Chairman to sign a Utility Accommodation Permit submitted by Northwest Iowa Telephone Co., Sergeant Bluff, IA, per recommendation of the county engineer. Carried 4-0. Copy filed.

Bid letting was held at 10:20 a.m. for Calcium Chloride.

Bids were as follows:

Name Net Bid
Harcross Chemicals Inc., Omaha, NE $46,021.50
Jericho Services Inc., Indianola, IA $54,810.00
White Front Feed & Seed, Dubuque, IA $51,975.00
Bomgaars, Sioux City, IA $54,747.00
Scotwood Industries, Shawnee Mission, KS $56,700.00

There were no further bids.

Motion by Clausen second by Boykin to receive the bids for Calcium Chloride and submit to the county engineer for review and recommendation. Carried 4-0. Copy filed.

There was no action taken to receive letter from the City of Cushing concerning proposed 28E Agreement.

Motion by Batcheller second by Boykin to receive quotes of crack sealing of routes in Luton area and approve the quote of Highway Improvement, Inc., Sioux Falls, SD at a price of $0.53/linear foot for a total cost of $33,920.00, per recommendation of the county engineer. Carried 4-0. Copy filed.

There was a presentation of Certificate of Appreciation to retiree Steve Hunwardsen.

The Public Hearing on authorizing the issuance and sale of revenue bonds or notes on behalf of Florence Crittenton Home of Sioux City, Iowa d/b/a the Crittenton Center was held at 10:30 a.m. The Chairman called on anyone wishing to be heard on said issuance of revenue bonds.

Motion by Boykin second by Batcheller to close the Public Hearing on the issuance and sale of revenue bonds or notes as there was no one present wishing to be heard on said issuance and sale of revenue bonds or notes for Florence Crittenton Home of Sioux City, Iowa d/b/a the Crittenton Center. Carried 4-0.

Motion by Batcheller second by Boykin to approve and authorize the Chairman to sign a resolution authorizing the issuance and sale of a Community Provider Revenue Note, Series 2004, for Crittenton Center Project, and execution of a Loan Agreement and Assignment and Pledge Agreement with Florence Crittenton Home of Sioux City, Iowa d/b/a The Crittenton Center. Carried 4-0.

RESOLUTION NO. 9873

Resolution authorizing the issuance and sale of a Community Provider Revenue Note, Series 2004 (Crittenton Center Project), of Woodbury County, Iowa, in an aggregate principal amount not to exceed $1,450,000; the execution and delivery of a Loan Agreement with Florence Crittenton Home of Sioux City, Iowa d/b/a The Crittenton Center; the execution and delivery of an Assignment and Pledge Agreement and other related matters.

Be It Resolved by the Board of Supervisors of Woodbury County, Iowa (the Issuer) as follows:
Section 1. (A) 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, suitable for the use of any private college or 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 taxes under Section 501(a) of the Code (a Tax Exempt Organization) and to refund any bonds issued under the Act and to retire any existing indebtedness of a Tax Exempt Organization.
(B) The Issuer has been requested by Florence Crittenton Home of Sioux City, Iowa d/b/a The Crittenton Center (the Borrower), a Tax Exempt Organization, to issue its Community Provider Revenue Note (Crittenton Center Project), in an aggregate principal amount not to exceed $1,450,000 (the Note) pursuant to the Act 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 Borrowers facility used for the Borrowers administrative offices, maternal health program and community based social work located at 303 West 24th Street, Sioux City, Iowa (the Crittenton Center Building), and to refinance the acquisition of the Borrowers facility used for emergency residential care for adolescents located at 3901 Green Avenue, Sioux City, Iowa (the Childrens Emergency Shelter); (2) financing the equipping, furnishing, remodeling and improving of the Crittenton Center Building and the Childrens Emergency Shelter (the Project); and (3) financing the costs of issuance and certain other costs associated with the issuance of the Note; and
(C) A Resolution proposing to retire the Existing Debt and to finance the Project through the issuance of revenue bonds or notes of the Issuer in an aggregate principal amount not to exceed $1,450,000 and to loan said amount to the Borrower was adopted on August 31, 2004.
(D) As required by the Act and Section 147(f) of the Code, the Issuer has previously provided notice of the Issuers intention to issue the revenue bonds or notes and has held a public hearing on the issuance of such revenue bonds or notes.
(E) The issuance and sale of the Note by the Issuer in the amount of not to exceed $1,450,000, pursuant to the Act, is in the best interest of the Issuer, and the Issuer hereby determines to issue the Note and to sell the Note to the Lender as provided herein. The Issuer will loan the proceeds of the Note (the Loan) to the Borrower in order to retire the Existing Debt, to finance the Project, and to pay costs of issuance.
(F) Pursuant to a Loan Agreement (the Loan Agreement) to be entered into between the Issuer and the Borrower, the Borrower agrees to repay the Loan in specified amounts and at specified times sufficient to pay in full when due the principal of, premium, if any, and interest on the Note. In addition, the Loan Agreement contains provisions relating to indemnification, insurance, and other agreements and covenants which are required or permitted by the Act and which the Issuer and the Borrower deem necessary or desirable. The Loan Agreement has been submitted to the Board of Supervisors for its review.
(G) Pursuant to an Assignment and Pledge Agreement (the Pledge Agreement) to be entered into between the Issuer and the Lender, the Issuer, among other things, will grant to the Lender a security interest in all of the Issuers rights, title and interest in and to the Loan Agreement, including, but not limited to, the right to receive Loan Repayments (as defined in the Loan Agreement). The Pledge Agreement has been submitted to the Board of Supervisors for its review.
(H) The Note will be a special limited obligation of the Issuer. The Note shall not be payable from or charged upon any funds other than the revenues pledged to the payment thereof, nor shall the Issuer be subject to any liability thereon. No holder of the Note shall ever have the right to compel any exercise of the taxing power of the Issuer to pay the Note or the interest thereon, nor to enforce payment thereof against any property of the Issuer. The Note shall not constitute a debt of the Issuer within the meaning of any constitutional or statutory limitation. A draft of the Note has been submitted to the Board of Supervisors for its review.
Section 2. In order to provide funds to retire the Existing Debt and finance the Project, the Issuer hereby authorizes the issuance of the Note in the principal amount of not to exceed $1,450,000 and at interest rates which will produce a net interest cost of not to exceed 7% per annum. The Note shall be in the form submitted to the Board of Supervisors and shall mature in the years and amounts, be subject to redemption, and provide interest at the rates as determined by the Borrower and the Lender prior to their issuance and delivery.
Section 3. The Loan Agreement, the Pledge Agreement and the Note are hereby made a part of this Resolution as though fully set forth herein and are hereby approved in substantially the forms presented to the Board of Supervisors. The Chairperson of the Board of Supervisors and the County Auditor are authorized and directed to execute, acknowledge and deliver said documents on behalf of the Issuer with such changes, insertions and omissions therein as Bond Counsel may hereafter deem appropriate, such execution to be conclusive evidence of approval of such documents in accordance with the terms hereof.
Section 4. The Chairperson of the Board of Supervisors and the County Auditor are authorized and directed to execute and deliver all other documents which may be required under the terms of the Loan Agreement or Pledge Agreement, or by Bond Counsel, and to take any other action as may be required or deemed appropriate for the performance of the duties imposed thereby to carry out the purposes thereof.
Section 5. In order to qualify the Note as a qualified tax exempt obligation within the meaning of Section 265(b)(3) of the Code, the Issuer hereby makes the following factual statements and representations:

(A) The Issuer hereby designates the Note as a qualified tax-exempt obligation for purposes of Section 265(b)(3) of the Code;

(B) The reasonably anticipated amount of tax-exempt obligations (other than obligations described in clause (ii) of Section 265(b)(3)(c) of the Code) which will be issued by the Issuer (and all entities whose obligations will be aggregated with those of the Issuer) during this calendar year 2004 will not exceed $10,000,000; and

(C) Not more than $10,000,000 of obligations issued by the Issuer during this calendar year 2004 (including the Note) have been designated for purposes of Section 265(b)(3) of the Code.

Section 6. The Chairperson of the Board of Supervisors, the County Auditor and other officers of the Issuer are authorized to furnish to the Lender, the Borrower and Bond Counsel certified copies of all proceedings and records of the Issuer relating to the Note, and such other affidavits and certificates as may be required to show the facts relating to the legality and marketability of the Note as such facts appear from the books and records in the officers custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the Issuer as to the truth of all statements contained therein.
Section 7. The provisions of this Resolution are hereby declared to be severable and if any section, phrase or provisions shall for any reason be declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases and provisions.

Section 8. All resolutions or parts thereof in conflict herewith are hereby repealed, to the extent of such conflict.

Section 9. This Resolution shall become effective immediately upon its passage and approval.

Passed and approved September 28, 2004.
WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Boykin second by Clausen to approve the form of Note, Loan Agreement and Pledge Agreement for Florence Crittenton Home of Sioux City, Iowa d/b/a the Crittenton Center. Carried 4-0. Copy filed.

Motion by Boykin second by Batcheller to approve and authorize the Chairman to sign a resolution authorizing Sponsorship to submit three Grant Applications to the Department of Transportation. Carried 4-0.

WOODBURY COUNTY , IOWA
RESOLUTION 9874

Resolution Authorizing Sponsorship of the Submittal of three Grant Applications to the Department of Transportation for Statewide Transportation Enhancement Grant Funds (TEA-21), for Iowa National Recreational Trails (NRT) Funds and for Sioux City Metropolitan Area MPO Transportation Enhancement Funds (STP-TE) to Construct a Trail Building Link at Loess Hills Arboretum and Nature Center on the campus of Western Iowa Tech Community College.

WHEREAS: The Woodbury County Board of Supervisors is requested to pass a Resolution of Sponsorship and authorize the Chairperson to sign a letter of support for the filing of three grant applications to the Iowa Department of Transportation for 1) the Statewide Transportation Enhancement Funds, 2) the Iowa Federal Recreational Trails Program Funds and 3) the MPO Transportation Enhancement Funds to be utilized for the construction of the asphalt trail (Phase 2A) by the Loess Hills Arboretum and Nature Center on the campus of Western Iowa Tech Community College.

WHEREAS: As part of the requirements by the IDOT for utilization of these Iowa Federal Recreational Trails Funds, a city, county or state agency must be the applicant. Other organizations are eligible to apply only as a co-sponsor.

WHEREAS: Western Iowa Tech Community College has requested Woodbury County host the submission of these grant applications to the Iowa Department of Transportation (IDOT) for utilization of Iowa Federal Funds to construct approximately three miles of asphalt trail on the Sioux City campus as part of the development of the Loess Hills Arboretum and Nature Center project and the Sioux City Metropolitan Area Transportation Improvement Plan.

No funding or staff time is requested from the County for this project submittal. Staff time will need to be committed to administer this project if grant monies are received. County staff will be designated for this project when funded.

DATED this 28th day of September 2004.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Boykin second by Batcheller to approve and authorize the Chairman to sign a letter of support and a resolution supporting climbing wall project in the Long Lines Family Center. Carried 4-0.

WOODBURY COUNTY, IOWA

RESOLUTION 9874

RESOLUTION SUPPORTING THE DECISION OF WOODBURY COUNTY OF THE CLIMBING WALL PROJECT IN THE LONG LINES FAMILY CENTER

WHEREAS: The Siouxland Chamber Foundation in partnership with the Mayors Youth Commission will construct a state of the art indoor rock climbing facility in the Long Lines Family Center; and

WHEREAS: the climbing wall will be designed to inspire and challenge first time climbers as well as seasoned veterans of the rock; and

WHEREAS: the climbing wall will benefit the citizens of Woodbury County by providing a place to experience the excitement of rock climbing in a supervised environment.

NOW THEREFORE, BE IT RESOLVED THAT THE WOODBURY COUNTY BOARD OF SUPERVISORS does hereby express its full support for the construction of a climbing wall in the Long Lines Family Center and calls upon all agencies to act favorable upon the Siouxland Chamber Foundation and Mayors Youth Commissions applications for grants and aid in constructing the same.

DATED this 28th day of September, 2004.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Boykin second by Clausen to accept the bid of the Hagan Company for the removal and replacement of the Trosper-Hoyt Air Handler #6 for the amount of $69,683.00 plus bond. Carried 4-0. Copy filed.

Motion by Clausen second by Boykin to authorize the Chairman to sign Agreement with BlankenshipMeier Painting to do painting at Prairie Hill Facility for $2,270.00 to be funded from riverboat funds. Carried 4-0. 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 October 5, 2004.