Minutes - 2/6/2007

FEBRUARY 6, 2007SIXTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, February 6, 2007 at 9:00 a.m. Board members present were Batcheller, Boykin, Clausen, Monson, and Walish. Staff members present were Karen James, Board Administrator, Bobbier Johnson, 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 Monson to approve the Board minutes of the January 30, 2007 meeting as submitted. Carried 5-0. Copy filed.

The Board approved the end of probation of Jerry D. Boggs, Equipment Operator, Secondary Roads Dept., $16.05/hour, effective 02/21/2007. Per CWA contract agreement, end of probation salary increase. Copy filed.

The Board approved the reclassification of Margaret J. Napier, Clerk II, Planning and Zoning Dept., $12.62/hour, effective 03/01/2007. Per AFSCME Courthouse contract agreement, from Grade 3, Step 2 to Grade 3, Step 3. Copy filed.

Motion by Boykin second by Clausen to approve and authorize the Chairman to sign an Authorization to Change Position Titles for the following Homeland Security Dept. positions:

Homeland Security Coordinator/Analyst 3
Homeland Security Specialist/Analyst 2
Homeland Security Information Technology Support Worker/Analyst 1

Carried 5-0. Copy filed.

The Board discussed the Woodbury County performance review training, with JD Pellersels, Human Resources Director.

Motion by Monson second by Batcheller to approve and authorize the chairman to sign an agreement with Human Resources Associates L.L.C. to provide performance review training. Carried 5-0.

Motion by Boykin second by Monson to approve and authorize the Chairman to sign a LETPP grant for federal assistance from the Law Enforcement Terrorism Prevention Program (LETPP), between Woodbury County and the Iowa Homeland Security and Emergency Management Division (HLSEM). Carried 5-0. Copy filed.

The Board postponed discussion on possible action on the Courthouse freight elevator.

Bid letting was held at 10:20 a.m. for a front end loader for Secondary Roads Dept. The bids were as follows:

Diesel Machinery, Incorporated, Sioux Falls, SD
Doosan DL 300 $145,500.00

Murphy Tractor, Sioux City, IA
John Deere 644J $144,874.00

Sheehan-Mack Equipment, Sioux Falls, SD
Volvo L110E $137,276.00

Titan Equipment, Sioux City, IA
Case 821E $132,220.00

Ziegler Cat, Sioux City, IA
Caterpillar 950H $161,110.00

There were no other bids.

Motion by Batcheller second by Boykin to receive the bids and submit them to Richard Storm, County Engineer, for review and recommendations. Carried 5-0. Copy filed.

Motion by Monson second by Boykin to approve and authorize the Chairman to sign a certificate of completion for Secondary Roads Dept. Project #L-P06(1)73-97, per recommendation of the County Engineer. Carried 5-0. Copy filed.

Motion by Boykin second by Batcheller to approve and authorize the Chairman to sign a Resolution relating to the repayment of the Countys outstanding Community Provider revenue bonds for the Boys and Girls Home and Family Services, Incorporated. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION NO. 10,132

Resolution relating to the prepayment of the Countys outstanding Community Provider Revenue Bonds (Boys and Girls Home and Family Service Inc., Project), Series 2000

WHEREAS, the Issuer is a county authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 2007, 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; and

WHEREAS, the Issuer has previously issued its Community Provider Revenue Bonds (Boys and Girls Home and Family Services, Inc. Project), Series 2000 (the Series 2000 Bonds) pursuant to its Resolution Number 9299 dated June 13, 2000 and a Bond Trust Indenture (Bond Indenture) dated as of June 1, 2000 between the Issuer and U.S. Bank Trust National Association (succeeded by Wells Fargo Bank, National Association) (the Trustee) and loaned the proceeds thereof to Boys and Girls Home and Family Service Inc. (the Borrower) pursuant to a Loan Agreement (the Loan Agreement) dated as of June 1, 2000 between the Issuer and the Borrower; and

WHEREAS, the Series 2000 Bonds may be prepaid on or after December 1, 2009 (the Series 2000 Optional Redemption Date); and

WHEREAS, the Borrower has informed the Issuer that it has made provisions to prepay the Series 2000 Bonds through the issuance by the Iowa Finance Authority of its Community Provider Revenue Refunding Bonds, Series 2007 (Boys and Girls Home and Family Services, Inc. Project) (the Series 2007 Bonds) in an amount sufficient to prepay the outstanding Series 2000 Bonds and the Borrower will deposit the necessary amount to the satisfaction of the Trustee (the Refunding Amount) in an Escrow Agreement with the Trustee to prepay the Series 2000 Bonds on the Series 2000 Optional Redemption Date; and

WHEREAS, pursuant to Section 1101(d) of the Bond Indenture of the Code, the Issuer is to provide a written request to the Trustee to execute all proper instruments acknowledging satisfaction of and discharging the Bond Indenture and the lien thereof upon the deposit with the Trustee of sufficient amounts necessary to prepay the outstanding Series 2000 Bonds and the receipt of the Trustee of a certificate of the Borrower and an opinion of counsel certifying that all conditions precedent to the satisfaction and discharge of the Bond Indenture have been met; and

WHEREAS, the Borrower has requested the Issuer to provide written request to the Trustee to comply with the provisions of Section 1101(d) of the Bond Indenture to execute all proper instruments to acknowledge and discharge the Bond Indenture and the lien thereof.

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

Section 1. Pursuant to the request of the Borrower and Section 1101(d) of the Bond Indenture, the Issuer provides this written request for the Trustee to execute all proper instruments acknowledging satisfaction of and discharging the Bond Indenture and the lien thereof upon the receipt by the Trustee of the Refunding Amount to prepay the Series 2000 Bonds, the certificate of the Borrower and the opinion of the counsel, all as required by Section 1101(d) as conditions precedent to the defeasance of the Series 2000 Bonds and all to the satisfaction of the Trustee.

Section 2. The Officials of the Issuer are hereby authorized to take any further action as may be necessary to carry out the prepayment and defeasance of the Series 2000 Bonds, and to carry out the intent and purpose of this Resolution, including the execution of any documents or notices related thereto.

Section 3. 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 4. All resolutions or parts thereof in conflict herewith are hereby repealed, to the extent of such conflict.

Section 5. This Resolution shall become effective immediately upon its passage and approval.

Passed and approved February 6, 2007.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Boykin second by Clausen to authorize payment of the invoice from United Rentals for $3,582.12 for two negative air units for the Recorders Office and Social Services Department, during the time of construction work, from Riverboat funds. Carried 5-0.

Motion by Boykin second by Batcheller to postpone action to authorize payment of the invoice from Baker Communications for $1,225.00 for the Countys telephone conversion. Carried 5-0.

Renee Sweers from Woodbury County Extension, presented the Board with an update on the Kids a Cookin program.

The Board discussed local support of the Siouxland Regional Transit System with Dwight Lang and Sandra Langel, from SIMPCO.

The Board canvassed the Drainage Ditch Elections held on January 20, 2007. Patrick F. Gill, Commissioner of Elections, presented the canvass of the Elections. There were no absentee or after-election ballots to be counted.

For the office of Trustee, Sub District #1 for the Farmers Drainage District, there were six-thousand, nine-hundred and sixty-four (6,964) ballots cast as follows:

John Hollenbeck received 6,964 votes
Write-ins received 0 votes

John Hollenbeck was duly elected to the office of Trustee, Farmers Drainage Ditch Sub District #1 for the term of three (3) years.

Motion by Batcheller Second by Monson to receive the Farmers Drainage Sub-District #1 Election Canvass. Carried 5-0. Copy filed.

For the office of Trustee, Sub District #1 for the Garretson Drainage District, there were one-thousand, six-hundred, thirty-three (1,633) ballots cast as follows:

Richard Morse received 1,633 votes
Write-ins received 0 votes

Richard Morse was duly elected to the office of Trustee, Garretson Drainage Ditch Sub District #1 for the term of three (3) years.

Motion by Boykin second by Clausen to receive the Garretson Drainage Sub-District #1 Election Canvass. Carried 5-0. Copy filed.

The Chairman asked if there were any individuals or groups wishing to make a presentation of items not on the agenda or Supervisors concerns.

General discussion was held regarding various County department budgets for fiscal year 2008.

Woodbury County Sheriff Glen Parrett and Kermit Dahlen, of Jackson Recovery Centers discussed the Phoenix Program with the Board.

Motion by Boykin second by Monson to receive the Phoenix Program budget and to fund it from the General Supplemental fund. Carried 5-0.

Motion by Batcheller second by Monson to fund the $154,000 budget for Sheriff vehicles from Rural Basic Services and from General Basic Services reserve funds. Carried 3-2; Clausen and Boykin opposed.

Motion by Boykin second by Clausen to reduce the allocation, previously received, to District Health Departments by $45,000. Carried 5-0.

Motion by Boykin second by Monson to increase the allocation, previously received, by $9,135, for Siouxland Regional Transportation. Carried 4-1, Batcheller opposed.

Motion by Clausen second by Boykin to fund Conservations $60,000 request for motor vehicle purchases from Riverboat funds. Carried 5-0.

Motion by Monson second by Boykin to reconsider the motion for purchase of vehicles for Uniform Patrol. Carried 4-1, Batcheller opposed. Motion by Monson second by Walish amend the motion by striking Rural Basic Services and inserting Riverboat funds. Carried 4-1, Batcheller opposed. Motion by Boykin second by Monson to approve the motion as amended. Carried 4-1, Batcheller opposed.

Motion by Boykin second by Clausen to receive the Rural Economic Development budget at $137,000 and to fund it from the local option sales tax revenue. Carried 5-0.

Motion by Monson second by Boykin to reconsider the motion for purchase of vehicles for Uniform Patrol. Carried 4-1, Batcheller opposed.

Motion by Clausen second by Boykin to fund Capital Improvement Projects with $150,000 from local option sales tax revenue and the balance of $188,000 from Riverboat funds. Carried 5-0.

Motion by Boykin second by Monson to create a designated fund reserve for equipment replacement. Carried 5-0.

The Board adjourned the regular meeting until February 13, 2007.