Minutes - 11/15/2005

NOVEMBER 15, 2005
FORTY-FOURTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, November 15, 2005 at 8:45 a.m. Board members present were Batcheller, Boykin, Clausen, Monson, and Walish. Staff members present were Karen James, Board Administrator, and Jean Jessen, Deputy/Clerk to the Board.

The Claims were approved as presented. Copy filed.

The Board canvassed the November 8, 2005 City Regular Election at 9:00 a.m. with the following
official results:

Laura Pottebaum, Elections Secretary, announced there were fifteen (15) provisional ballots, of which seven (7) were accepted and added to the Tally, and nine (9) after-election ballots, of which six (6) were accepted and added to the Tally.

For the office of City of Anthon Council Member (3 offices 4 year term) there were one-hundred, seventy-two (172) votes cast as follows:

Larry Dicks received Sixty-three 63 votes
Kenneth Mc Graw received Forty-seven 47 votes
Selma K. Mills received Forty-seven 47 votes
Beulah J. Sand received One-hundred, forty-four 144 votes
Mark Cloud W/I received Eighty-five 85 votes
Mark Wendt W/I received Eighty-five 85 votes
Mark Bumstead W/I received Three 3 votes
Charles Dose W/I received Two 2 votes
Sarah Beery W/I received One 1 votes
Becky Umbach W/I received One 1 votes
Joe Harbaugh W/I received One 1 votes
Keith Determan W/I received One 1 votes
Richard Heath W/I received One 1 votes
No Name W/I received Three 3 votes

We therefore declare Beulah J. Sand, Mark Cloud, and Mark Wendt duly elected to the office of City of Anthon Council Members, for the term of four (4) years.

For the office of City of Correctionville Mayor (1 office 2 year term) there were eighty-nine (89) votes cast as follows:

Thomas Volkert received Sixty-eight 68 votes
Scattered Write-ins received Thirteen 13 votes

We therefore declare Thomas Volkert duly elected to the office of City of Correctionville Mayor, for the term of two (2) years.

For the office of City of Correctionville Council Member (3 offices 4 year term) there were eighty-nine (89) votes cast as follows:

Tim Mc Cormick received Sixty-seven 67 votes
Gail Stanton received Sixty-eight 68 votes
Jean Schumacher W/I received Forty 40 votes
Becky Bollmeyer W/I received Twelve 12 votes
Brad Knaack W/I received Three 3 votes
Duane Anderson W/I received Two 2 votes
Kim Mebius W/I received Two 2 votes
Jim Peters W/I received Two 2 votes
Larry Brown W/I received One 1 vote
Don Dixon W/I received One 1 vote
Lois Duncan W/I received One 1 vote
Loretta Frahm W/I received One 1 vote
John Goetz W/I received One 1 vote
Rodney Hunter W/I received One 1 vote
Gayle Jacobs W/I received One 1 vote
Scott Knaack W/I received One 1 vote
Mark Mathers W/I received One 1 vote
Jim Mead W/I received One 1 vote
Michael Nelson W/I received One 1 vote
Leonard Todd W/I received One 1 vote
Charlene Warren W/I received One 1 vote
No Name W/I received Two 2 votes

We therefore declare Tim Mc Cormick, Gail Stanton, and Jean Schumacher duly elected to the office of City of Correctionville Council Members, for the term of four (4) years.

For the office of City of Cushing Mayor (1 office 2 year term) there were forty-four (44) votes cast as follows:

Gary Merkel received Thirty-nine 39 votes
Ben Carstens W/I received One 1 vote
No Name W/I received Four 4 votes

We therefore declare Gary Merkel duly elected to the office of City of Cushing Mayor, for the term of two (2) years.

For the office of City of Cushing Council Member (3 offices 4 year term) there were forty-four (44) votes cast as follows:

Donald D. Joy Jr. received Thirty-five 35 votes
Susan E. Knaack received Thirty-one 31 votes
Vincent Susie W/I received Seventeen 17 votes
Tammy Porter W/I received Eight 8 votes
George Georopilous W/I received Four 4 votes
Jerold Wittrock W/I received Four 4 votes
Tom Joy W/I received Two 2 votes
Jared Jepsen W/I received Two 2 votes
Joel Tyler W/I received One 1 vote
Bob Kurtz W/I received One 1 vote
Brian Lorenzen W/I received One 1 vote
Jim Porter W/I received One 1 vote
Sheila OConnell W/I received One 1 vote
Kenneth Susie W/I received One 1 vote
Burt Gander W/I received One 1 vote
Mamie Joy W/I received One 1 vote
Jim Cunningham W/I received One 1 vote

We therefore declare Donald D. Joy Jr., Susan E. Knaack, and Vincent Susie duly elected to the office of City of Cushing Council Members, for the term of four (4) years.

For the office of City of Danbury Council Member (2 offices 4 year term) there were thirty-nine (39) votes cast as follows:

Michael Barry received Thirty-four 34 votes
David L. Colbert received Thirty-five 35 votes
Scattered Write-ins received Seven 7 votes

We therefore declare Michael Barry and David L. Colbert duly elected to the office of City of Danbury Council Members, for the term of four (4) years.

For the office of City of Hornick Council Member (2 offices - 4 year term) there were twenty-eight (28) votes cast as follows:

Robert Dietrich received Eighteen 18 votes
Clifford Teel received Twenty-eight 28 votes
Scattered Write-ins received Seven 7 votes

We therefore declare Robert Dietrich and Clifford Teel duly elected to the office of City of Hornick Council Members, for the term of four (4) years.

For the office of City of Lawton Mayor (1 office 2 year term) there were one-hundred, two (102) votes cast as follows:

Jeff Nitzschke received Eighty-nine 89 votes
Scattered Write-ins received Seven 7 votes

We therefore declare Jeff Nitzschke duly elected to the office of City of Lawton Mayor, for the term of two (2) years.

For the office of City of Lawton Council Member (2 offices 4 year term) there were one-hundred, two (102) votes cast as follows:

Tony Bengford received Ninety-three _93 votes
Douglas Furlich received Fourteen 14 votes
Terrence J. Masching received Ninety 90 votes
Scattered Write-ins received Zero 0 vote

We therefore declare Tony Bengford and Terrence J. Masching duly elected to the office of City of Lawton Council Members, for the term of four (4) years.

For the office of City of Moville Mayor (1 office 2 year term) there were two-hundred, ninety-six (296) votes cast as follows:

James Fisher received Two-hundred, fifty-two 252 votes
Scattered Write-ins received Thirteen 13 votes

We therefore declare James Fisher duly elected to the office of City of Moville Mayor, for the term of two (2) years.

For the office of City of Moville Council Member (2 offices 4 year term) there were two-hundred, ninety-six (296) votes cast as follows:

George A. Allan received Two-hundred, twenty-five 225 votes
Nancy Countryman received Two-hundred, fourteen 214 votes
Kevin Custer received Forty 40 votes
Douglas Kizzier received Forty-five 45 votes
Scott Lamp received Forty-nine 49 votes
Scattered Write-ins received One 1 vote

We therefore declare George A. Allan and Nancy Countryman duly elected to the office of City of Moville Council Members, for the term of four (4) years.

For the office of City of Oto Mayor (1 office 2 year term) there were seventeen (17) votes cast as follows:

Gary Adkins received Twelve 12 votes
William Adkins W/I received One 1 vote
David Dorale W/I received One 1 vote
Lyle Rayevich W/I received Two 2 votes

We therefore declare Gary Adkins duly elected to the office of City of Oto Mayor, for the term of two (2) years.

For the office of City of Oto Council Member (3 offices 2 year term) there were seventeen (17) votes cast as follows:

Deloris Brown received Sixteen 16 votes
Lyle Rayevich received Fifteen 15 votes
David Dorale W/I received Six 6 votes
Kathy Downing W/I received One 1 vote
Ronald Larson W/I received One 1 vote
Linda Nepper W/I received Two 2 votes
Bill Weber W/I received One 1 vote

We therefore declare Deloris Brown, David Dorale, and Lyle Rayevich duly elected to the office of City of Oto Council Members, for the term of two (2) years.

For the office of City of Pierson Mayor (1 office 2 year term) there were thirty-nine (39) votes cast as follows:

Max M. Dunnington received Twenty-eight 28 votes
Scattered Write-ins received Six 6 votes

We therefore declare Max M. Dunnington duly elected to the office of City of Pierson Mayor,
for the term of two (2) years.

For the office of City of Pierson Council Member (2 offices 4 year term) there were thirty-nine (39) votes cast as follows:

Jeffrey A. Moffitt received Thirty-five 35 votes
Doyle Struve received Thirty-two 32 votes
Scattered Write-ins received One 1 vote

We therefore declare Jeffrey A. Moffitt and Doyle Struve duly elected to the office of City of Pierson Council Members, for the term of four (4) years.

For the office of City of Salix Mayor (1 office 4 year term) there were ninety-seven (97) votes
cast as follows:

Linda Hubert Cox received Fifty-six 56 votes
William J. Shreve received Forty-one 41 votes
Scattered Write-ins received Zero 0 votes

We therefore declare Linda Hubert Cox duly elected to the office of City of Salix Mayor, for the term of four (4) years.

For the office of City of Salix Council Member (3 offices 4 year term) there were ninety-seven (97) votes cast as follows:

Sharla M. Dicks received Eighty 80 votes
Stan Johnson received Seventy-nine 79 votes
Derek Stanfield received Seventy 70 votes
Scattered Write-ins received Eight 8 votes

We therefore declare Sharla M. Dicks, Stan Johnson, and Derek Stanfield duly elected to the office of City of Salix Council Members, for the term of four (4) years.

For the office of City of Sergeant Bluff Mayor (1 office 4 year term) there were four-hundred, nineteen (419) votes cast as follows:

Dale G. Petersen received Three-hundred, sixty-one 361 votes
Scattered Write-ins received Twenty-two 22 votes

We therefore declare Dale G. Petersen duly elected to the office of City of Sergeant Bluff Mayor, for the term of four (4) years.

For the office of City of Sergeant Bluff Council Member (3 offices 4 year term) there were
four-hundred, nineteen (419) votes cast as follows:

Deborah Huser received Two-hundred, sixty-one 261 votes
Larry W. Kollbaum received Two-hundred, fourteen 214 votes
Ken Maxfield received One-hundred, ninety-four 194 votes
Douglas J. Mc Quade received One-hundred, twenty-four 124 votes
Sid Seward received Two-hundred, fifty-four 254 votes
Scattered Write-ins received Fourteen 14 votes

We therefore declare Deborah Huser, Larry W. Kollbaum, and Sid Seward duly elected to the office of City of Sergeant Bluff Council Members, for the term of four (4) years.

For the office of City of Sergeant Bluff Council Member (2 offices 2 year unexpired term)
there were four-hundred, nineteen (419) votes cast as follows:

Alan Anderson received One-hundred, seventy-nine 179 votes
Glenda Moriarty received Two-hundred, seventy-seven 277 votes
Don Wood received Two-hundred, fifty-nine 259 votes
Scattered Write-ins received Seven 7 votes

We therefore declare Glenda Moriarty and Don Wood duly elected to the office of City of Sergeant Bluff Council Members, for the term of two (2) years.

For the office of City of Sioux City Council Member (3 offices 4 year term) there were nine-thousand, four-hundred, thirteen (9,413) votes cast as follows:

David W. Ferris received Four-thousand, six-hundred, twenty-six 4,626 votes
James A. Haigh received Three-thousand, one-hundred, twenty-six 3,126 votes
Brent Hoffman received Five-thousand, seven-hundred, forty 5,740 votes
Donna J. Jensen received Three-thousand, one-hundred, thirty 3,130 votes
Jim Rixner received Four-thousand, four-hundred, thirty-eight 4,438 votes
Karen L. VanDeSteeg received Four-thousand, one-hundred, ninety-three 4,193 votes
Scattered Write-ins received Fifty 50 votes

We therefore declare David W. Ferris, Brent Hoffman, and Jim Rixner duly elected to the office of City of Sioux City Council Members for a term of four (4) years.

For the office of City of Sloan Council Member (2 offices 4 year term) there were one-hundred, thirty-six (136) votes cast as follows:

Darrel Iverson received Eighty-five 85 votes
LeRoy Towne received Ninety 90 votes
Scattered Write-ins received Sixty-seven 67 votes

We therefore declare Darrel Iverson and LeRoy Towne duly elected to the office of City of Sloan Council Members, for the term of four (4) years.

For the office of City of Smithland Mayor (1 office 2 year term) there were thirty (30) votes cast as follows:

Dennis D. Claus received Twenty-four 24 votes
Scattered Write-ins received Six 6 votes

We therefore declare Dennis D. Claus duly elected to the office of City of Smithland Mayor, for the term of two (2) years.

For the office of City of Smithland Council Members (2 offices 4 year term) there were thirty (30) votes cast as follows:

Patricia Hopkins received Twenty-six 26 votes
Lynn Lundeen received Twenty 20 votes
Scattered Write-ins received Three 3 votes

We therefore declare Patricia Hopkins and Lynn Lundeen duly elected to the office of City of Smithland Council Members, for the term of four (4) years.

For the office of City of Smithland Council Members (2 offices 2 year unexpired term) there were thirty (30) votes cast as follows:

Eva Kollasch received Eighteen 18 votes
Kathryn Mack received Twenty-seven 27 votes
Scattered Write-ins received One 1 vote

We therefore declare Eva Kollasch and Kathryn Mack duly elected to the office of City of Smithland Council Members, for the term of two (2) years.

Motion by Batcheller second by Monson to accept the Official Canvass from the 11/08/2005 City Regular Election. Carried 5-0.

The Board toured the third floor of the Trosper-Hoyt building, with Chris Huisman, Department of
Human Services.

Meeting called to order.

Motion by Walish second by Clausen to approve the Board minutes of November 8, 2005 as submitted.
Carried 5-0. Copy filed.

Motion by Monson second by Clausen to approve the Board minutes of the November 10, 2005 special
meeting as submitted. Carried 3-0, Batcheller and Boykin abstained. Copy filed.

The Board approved the appointment of Faye E. Hill, Full-time Clerk II, Secondary Roads Dept., $14.36/hour, effective 11/16/2005. Position from part-time to full-time, per Board approval on 11/08/2005 at current wage. Copy filed.

The Board approved the appointment of Jacqueline Gowen, Senior Tax Clerk II, County Treasurer Dept., $14.57/hour, effective 11/28/2005. In-house posting 10/05/2005. Salary per AFSCME contract. Copy filed.

The Board approved the separation of Stuart W. Betsworth, Engineering Technician I, Secondary Roads Dept., effective 11/28/2005. Resignation. Copy filed.

The Board approved the reclassification of James D. Loomis, Assistant County Attorney, County Attorney Dept., $46,203/year effective 12/01/2005. Per AFSCME Attorney contract agreement, from Step 2 to
Step 3. Copy filed.

Motion by Walish second by Clausen to approve and authorize the Chairman to sign an Authorization to Initiate Hiring Process for the following positions:

(1) Engineering Technician I - Secondary Roads Dept.
Entry level: CWA $15.82/hour

(2) Motor Vehicle Clerk II County Treasurer Dept.
Entry level: AFSCME Courthouse Grade 4:
$11.36/hour

Carried 5-0. Copy filed.

Motion by Monson second by Batcheller to approve Friday, December 23, 2005, as a floating holiday for Wage Plan employees. Carried 5-0.

Motion by Batcheller second by Monson to approve a recommendation by the Public Bidder and Board Administrative Coordinator to implement a minimum bid amount on all County-owned properties, such amount being between $200.00 and $800.00. Carried 5-0.

Motion by Batcheller second by Walish to authorize the Chairman to sign a Resolution calling for a Public Hearing on the proposed issuance of a Health Care Revenue Note, not to exceed $6,000,000, on behalf of Siouxland Regional Cancer Center and setting a Public Hearing on December 6, 2005 at 10:15 a.m. Carried 5-0.

RESOLUTION NO. 9981
RESOLUTION CALLING FOR PUBLIC HEARING
ON PROPOSED ISSUANCE OF A NOT TO EXCEED $6,000,000
HEALTH CARE REVENUE NOTE ON BEHALF OF SIOUXLAND REGIONAL CANCER CENTER

WHEREAS, the County of Woodbury, Iowa (the County) is a political subdivision organized and existing under the Constitution and laws of the State of Iowa, and is authorized and empowered by Chapter 419 of the Code of Iowa (the Act) to issue revenue bonds or notes and loan the proceeds from the sale of said bonds or notes to one or more parties to be used to defray all or a portion of the cost of acquiring, constructing, improving and equipping a project, as that term is defined in the Act, including land, building and improvements suitable for use as a facility for an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the Code) which is exempt from federal income tax under Section 501(a) of the Code; and

WHEREAS, a proposal has been made to the Board of Supervisors (the Board) by Siouxland Regional Cancer Center, an Iowa nonprofit corporation (referred to herein as the Borrower), to authorize and issue one or more of its revenue bonds or notes for the purpose of financing a project pursuant to the Act; and

WHEREAS, the project consists of the acquisition and installation of medical equipment in the existing cancer center facility of the Borrower located in the County (the 'Project'); and

WHEREAS, the funds to provide financing for the Project would be obtained through the issuance by the County of its Health Care Revenue Note (the Note), in a principal amount not to exceed $6,000,000, which Note is to be repaid solely and only through payments to be made by the Borrower pursuant to a loan or similar agreement between the County and the Borrower; and

WHEREAS, the Note, if issued, shall be a limited obligation of the Issuer, and shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers, and the principal of, interest and premium, if any, on the Note shall be payable solely out of the revenues derived from the loan agreement; and

WHEREAS, pursuant to Section 419.9 of the Act and Section 147(f) of the Code, before the Note may be issued it is necessary to conduct a public hearing on the proposal to issue the Note and to publish notice of said public hearing not less than 15 days prior to the date fixed for the hearing.

BE IT RESOLVED by the Board of Supervisors of the County as follows:

1. A public hearing shall be conducted by this Board on the issuance of said Note and on the Project, such hearing to be held on December 6, 2005, at 10:15 oclock a.m. at the at the County Courthouse in Sioux City, Iowa, at which hearing all parties who appear shall be given an opportunity to express their views with respect to said proposal.

2. Notice of such public hearing, in substantially the form attached hereto as Exhibit A, shall be published at least once not less than 15 days prior to the date fixed for the hearing, in a newspaper having a general circulation in the County.
Adopted: November 15, 2005.
WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

A public hearing was held at 10:15 a.m. for the sale of excess road right-of-way real estate owned by Woodbury County.

Motion by Batcheller second by Walish to close the hearing. Carried 5-0.

The Chairman called for bids. Mark Pottorf bid $2,000.00 There were no further bids.

Motion by Monson second by Batcheller to accept the bid of Mark Pottorf for $2,000.00, plus recording fees. Carried 5-0. Copy filed.

Motion by Clausen second by Monson to approve tax abatements for the following persons, per recommendation of Country Treasurer Bob Knowler:

1. Brian Keith Cannon, building on leased land for a mobile home that was moved to Nebraska, parcel #894432156902.

2. Estevan M. Diego, building on leased land for a mobile home that is no longer there, parcel #894723200955.

3. Green Tree Financial, building on leased land for a mobile home that is no longer there, parcel #884730301975.

4. Juan Hoyos, building on leased land for a mobile home that is no longer there, parcel #894701200940.

5. Iseman Corporation, building on leased land for a mobile home that is no longer there, parcel #894723200957.

6. Kelly Jason, building on leased land for a mobile home that was moved to Plymouth County, parcel #981180.

7. Jose V. Martinez, building on leased land for a mobile home that is no longer there, parcel #894714400924.

8. Mark Derrell Oberg, building on leased land for a mobile that is no longer there, parcel #894701200933.

9. Amie M. Reiter, building on leased land for a mobile home that is no longer there, parcel #894714400905.

10. Kenneth Rubendall, building on leased land for a mobile home that is no longer there, parcel #894432276912.

11. Michael L. Schneling, building on leased land for a mobile home that is no longer there, parcel #894723200978.

12. Rick Spreng, building on leased land for a mobile home that is no longer there, parcel #884730301963.

13. Dennis Waddell, building on leased land for a mobile home that is no longer there, parcel #981474.

14. Choum Xayyachack, building on leased land for a mobile home that is no longer there, parcel #894714400929.

Carried 5-0. Copy filed.

The Board discussed the creation of two special revenue funds for the purpose of depositing designated funds for the Sheriffs Department, with County Budget/Tax Analyst Dennis Butler.

Motion by Batcheller second by Walish to approve creating the two special revenue funds: Sheriff Reserve Fund and Sheriff Restricted Donations. Carried 5-0.

The Board discussed quotes for the renovation of the County Building/Eagles Club and the funding source.

Motion by Monson second by Walish to approve support of Yellow Dog Drive. 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.

Motion by Clausen second by Monson to approve the use of the Courthouse rotunda for a Native American Thanksgiving meeting to be held on Wednesday, November 23, 2005 at approximately 1:00 p.m.

The Board adjourned the regular meeting until November 22, 2005.