Minutes - 9/27/2005

SEPTEMBER 27, 2005 THIRTY-SEVENTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, September 27, 2005 at 9:00 a.m. Board members present were Batcheller, Boykin, Clausen, Monson, and Walish. Staff members present were Karen James, Board Administrative Coordinator, Suzanne Coburn-Van Veen, Assistant County Attorney, and Patrick F. Gill, Auditor/Clerk to the Board.

The Claims were approved as presented. Copy filed.

Meeting called to order.

Motion by Batcheller second by Walish to amend the Board Agenda of September 27, 2005 to include the Canvass of the W.I.T.C.C. Director Election. Carried 5-0. Copy filed.

Motion by Walish second by Monson to approve the Board minutes of September 20, 2005 as submitted. Carried 5-0. Copy filed.

The Board discussed reclassification of the Veteran Affairs Service Officer position, with Human Resources Director J. D. Pellersels and John Priestley, Director of Veteran Affairs.

Motion by Walish second by Monson to approve the reclassification of the Veteran Affairs Service Officer wage plan position comparability with AFSCME Courthouse contract, from Grade 5, Step 5, to
Grade 6, Step 5. Carried 5-0. Copy filed.

The Board approved the appointment of Jeremy S. Peterson, Assistant County Attorney, County Attorney Dept., salary $41,873/year, effective 09/27/2005. Job vacancy posted 09/07/2005. Entry range: $41,873-$48,425/year. Copy filed.

The Board approved the reclassification of Danielle J. Dempster, Veteran Affairs Service Officer, Veteran Affairs Dept., $16.95/hour, effective 10/10/2005. Per V. A. Commission approval, with wage plan comparability to AFSCME Courthouse from Grade 5, Step 5 to Grade 6, Step 5. Copy filed.

The Board approved the reclassification of Cameron M. Scott, Correctional Officer, County Sheriff Dept., $15.31/hour effective 10/14/2005. Per D. S. A. contract agreement, from Class 3 to Class 2. Copy filed.

The Board approved the reclassification of Levi L. Harry, Correctional Officer, County Sheriff Dept., $14.72/hour effective 10/18/2005. Per D. S. A. contract agreement, from Class 4 to Class 3. Copy filed.

Motion by Monson second by Batcheller to approve and authorize the Chairman to sign a Resolution approving the abatement of taxes for the City of Cushing for parcel #884201277003 and parcel #884201258004. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION #9968
RESOLUTION APPROVING ABATEMENT OF TAXES

WHEREAS, the City of Cushing, Iowa are the titleholders of real estate Parcels #884201277003 & #884201258004 located in Woodbury County, Iowa and legally described as follows:

Parcel #884201277003

Lot One (1) Block One (1) City of Cushing, Iowa

Parcel #884201258004

Except North Twenty-four Feet Two Inches (24 ft 2 in) East Forty-three feet Two Inches (43 ft 2 in) Lot One (1) Block Eight (8) and Lot Two (2) Block Eight (8), City of Cushing, 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 City of Cushing, 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 27th day of September, 2005.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Batcheller second by Walish to postpone action for one week on deciding the funding source for payment of architect expenses for the expansion of fourth floor, Trosper-Hoyt, and for alterations to the Law Enforcement Center. Carried 5-0.

Motion by Batcheller second by Walish to approve and authorize the Chairman to sign the Iowa Law Enforcement Academy Reserve Officer Status Reporting forms. Carried 5-0. Copy filed.

Rural Economic Development Director Rob Marqusee updated the Board on the first Organic Growers Conference, the Leopold Center Grant and on the proposal for a Regent Western Iowa Graduate School.

The Board was presented with an update on the Woodbury Health Initiative program by Linda Drey from Siouxland District Health.

Gary Brown, Emergency Services Director, and Patty Anderson from SIMPCO gave a presentation to the Board on the Pre-Disaster Plan.

Motion by Walish second by Batcheller to approve and authorize the Chairman to sign Articles of Organization and a Form of Loan Agreement to be entered into by the Woodbury County E911 Service Board. Carried 5-0. Copy filed.

Woodbury County, Iowa
Resolution #9967

RESOLUTION APPROVING AND AUTHORIZING ARTICLES OF ORGANIZATION AND A FORM OF LOAN AGREEMENT TO BE ENTERED INTO BY THE WOODBURY COUNTY E911 SERVICE BOARD

WHEREAS, pursuant to Resolution No. 7347 approved December 12, 1988, the Board of Supervisors of Woodbury County, Iowa has heretofore resolved to establish the Woodbury County E911 Services Board (the 'E911 Board) in accordance with Chapter 34A of the Code of Iowa; and

WHEREAS, pursuant to said Resolution No. 7347, the Board of Supervisors has further resolved to work with the E911 Board to insure cooperation in the task of planning for the implementation of an enhanced 911 system in Woodbury County and to provide what support both financial and moral as shall be prescribed by the E911 Board and said Chapter 34A; and

WHEREAS, Supervisor Walish currently is a member of the E911 Board, representing Woodbury County; and

WHEREAS, a diligent search of County and E911 Board records has been made, and it is been determined that no Chapter 28E agreement or other organizational document has been approved for the E911 Board, setting forth the membership and responsibilities of the E911 Board; and

WHEREAS, the E911 Board has caused there to be prepared proposed Articles of Organization for the E911 Board, a copy of which is now before this Board and which is hereby determined to be acceptable to this Board in all respects; and

WHEREAS, the E911 Board has held a public meeting upon the proposal to authorize a Loan Agreement between the E911 Board and the Iowa Finance Authority (the 'Issuer'), said Loan Agreement to be funded from the issuance by the Issuer of its $2,500,000 E911 Telephone Surcharge Revenue Note (Woodbury County E911 Service Board Project), Series 2005, for the purpose of paying costs of acquiring certain items of equipment for the Woodbury County E911 Service Area, consisting of new 800 MHZ handheld and mobile radios for all emergency responders, together with a required upgrade of the existing VHF (150 MHz) paging system (the 'Equipment'); and

WHEREAS, the E911 Board has heretofore, pursuant to the provisions of Chapter 34A, as amended, and an election held on November 4, 2004, established a monthly telephone surcharge of $1.00 per access line for services which are and will continue to be collected as system revenues of the E911 Board, and said revenues have not been previously pledged and are available for the payment of the Loan Agreement; and

WHEREAS, the Board of Supervisors deems it necessary and advisable and in the best interests of the residents of the County that the form of Articles of Organization, Loan Agreement and Note be approved and authorized by the County:

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

Section 1. Definitions. The following terms shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise:

(a) 'Articles of Organization' shall mean the Articles of Organization for the E911 Board, presented to this meeting of the Board of Supervisors;

(b) 'County' shall mean Woodbury County, Iowa;

(c) 'Equipment' shall mean those items of equipment being acquired for the Woodbury County E911 Service Area described in the Loan Agreement, consisting generally of new 800 MHZ handheld and mobile radios for all emergency responders, together with a required upgrade of the existing VHF (150 MHz) paging system;

(d) 'Issuer' shall mean the Iowa Finance Authority;

(e) 'Lender' shall mean Koch Financial Corporation, Scottsdale, Arizona, as purchaser of the Note from the Issuer;

(f) 'Loan Agreement' shall mean a Loan Agreement by and between the E9ll Board and the Issuer in substantially the form attached to and approved by this Resolution;

(g) 'Note' shall mean the E911 Telephone Surcharge Revenue Note (Woodbury County E911 Service Board Project), Series 2005, issued by the Issuer to the Lender in the principal amount of $2,500,000, the proceeds of which will be loaned by the Issuer to the E911 Board under the terms of the Loan Agreement; and

(h) 'Surcharge Revenues' shall mean the gross monthly telephone surcharge revenues collected by the E911 Board under Chapter 34A of the Code of Iowa.

Section 2. Authority and Approval. The County hereby approves the form of the Articles of Organization, Loan Agreement and Note and consents to the execution and delivery of the Loan Agreement by the E911 Board, the issuance of the Note by the Issuer to the Lender, and the use of the proceeds thereof by the E911 Board to acquire the Equipment, pursuant to Iowa Code Chapter 34A, as amended. The Articles of Organization and Loan Agreement shall be in substantially the form provided to the Board of Supervisors with this Resolution, but with such changes as shall be acceptable to the E911 Board and the Issuer, and the Chair and County Auditor are authorized to execute and deliver the Articles of Organization and the acknowledgment and consent attached to the Loan Agreement on behalf of the County. The Note in substantially the form presented to this Board is hereby approved for the purpose of acquiring the funds necessary for the E911 Board to acquire the Equipment.

Section 3. Source of Payment. The Loan Agreement and Note and the interest thereon shall be payable solely and only out of the Surcharge Revenues, and shall be a first lien on the future Surcharge Revenues. The Loan Agreement and Note shall not be general obligations of the E911 Board or the County nor shall they be payable in any manner by taxation and neither the E911 Board nor the County shall in any manner be liable by reason of the failure of the said Surcharge Revenues to be sufficient for the payment of the Loan Agreement and Note.

Section 4. Approval of E911 Board Resolution. The terms, conditions and provisions of the Resolution adopted by the E911 Board relating to the Loan Agreement and the issuance of the Note shall be incorporated herein by reference and shall be and hereby are approved and authorized.

Section 5. Severability. If any section, paragraph, or provision of this Resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions.

Section 6. Repeal of Conflicting Ordinances or Resolutions and Effective Date. All other ordinances, resolutions and orders, or parts thereof, in conflict with the provisions of this Resolution are, to the extent of such conflict, hereby repealed; and this Resolution shall be in effect from and after its adoption.

PASSED AND APPROVED this 27th day of September, 2005.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Walish second by Monson to approve and consent to the Loan Agreement to be entered into by the Woodbury County E911 Service Board and the Iowa Finance Authority. Carried 5-0. Copy filed.

Patti Erickson-Puttmann discussed with the Board a project in Climbing Hill.

Motion by Batcheller to re-bid and advertise the project. Died for lack of a second.

Motion by Monson second by Clausen to negotiate with a contractor for the completion of the project. Carried 4-1, Batcheller opposed.

Motion by Clausen second by Batcheller to approve and authorize the Chairman to sign a project agreement with the United States Department of Agriculture Natural Resources Conservation Service for Neustrom Sub-Watershed site M-6 structure repairs, per recommendation of the County Engineer. Carried 5-0. Copy filed.

Motion by Batcheller second by Clausen to approve and authorize the Chairman to sign an agreement with Calhoun-Burns Associates for engineering services concerning the bridge replacement project #SBRFM-CO97(63) on Route L-36, per recommendation of the County Engineer. Carried 5-0. Copy filed.

The Board discussed the payment of $177,935 to the City of Sioux City, for the Countys share of right-away purchased, of the U. S. 75 Bypass Trail right-of-way.

Motion by Monson second by Batcheller to postpone action for one week. Carried 5-0.

The Board discussed road access to the former Mid-American Tanning Plant and other properties, with County Engineer Richard Storm.

Motion by Clausen second by Monson to deny a request to vacate a road to the former Mid-American Tanning Plant and other properties. Carried 5-0.

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 canvassed the Western Iowa Tech Community College Election held on September 13, 2005. 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 IV, 1 vacancy, there were eighty-one (81) ballots cast as follows:

Bill Lyle received Eighty (80) votes

Scattered Write-In Votes received One (1) vote

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

For the office of Western Iowa Tech Community College Board Member, Director District VI 1 Vacancy, there were three hundred forty (340) ballots cast as follows:

Eldon L. Schroder
received Three Hundred Thirty-three (333) votes

Scattered Write-In Votes
received Seven (7) votes

We therefore declare Eldon L. Schroder duly elected to the office of Western Iowa Tech Community College Board Member, Director District VI, for the term of three (3) years.

For the office of Western Iowa Tech Community College Board Member, Director District VII 1 Vacancy, there were six hundred fifty-one (651) ballots cast as follows:

Curt Grigg
received Six Hundred Forty-five (645) votes

Scattered Write-In Votes
received Six (6) votes

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

For the office of Western Iowa Tech Community College Board Member, Director District IX 1 Vacancy, there were five hundred ninety-two (592) ballots cast as follows:

Derrick R. Franck
received Five Hundred Eighty-six (586) votes

Scattered Write-In Votes
received Six (6) votes

We therefore declare Derrick R. Franck duly elected to the office of Western Iowa Tech Community College Board Member, Director District IX, for the term of three (3) years.

Motion by Batcheller second by Clausen to receive and approve the canvass of the Western Iowa Tech Community College Directors Election. Carried 5-0.

The Board adjourned the regular meeting until October 4, 2005.