Minutes - 4/3/2007

APRIL 3, 2007FOURTEENTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, April 3, 2007 at 9:00 a.m. Board members present were Batcheller, Boykin, Monson, and Walish; Clausen was absent. 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 Boykin second by Batcheller to amend the agenda to add an item for a letter of support for a grant application for the County Fair Board 2007. Carried 4-0.

Motion by Batcheller second by Monson to approve the Board minutes of the March 27, 2007 meeting as submitted. Carried 4-0. Copy filed.

The Board approved the appointment of Deborah Fuller, Full-time Youth Worker, Juvenile Detention Dept., $14.54/hour, effective 04/04/2007. In-house vacancy posted 03/21/2007. Salary level at current rate. Copy filed.

Motion by Boykin second by Monson to approve and authorize the Chairman to sign an Authorization to Initiate Hiring Process for a Part-time Female Youth Worker, Juvenile Detention Dept. Entry level: AFSCME J. D. $13.52/hour. Carried 4-0. Copy filed.

Motion by Monson second by Boykin to acknowledge the appointment of Keith R. Determann, 101 Country Club Drive, Anthon, Iowa, for the office of Mayor for the City of Anthon, to fill a vacancy until the General Election of 2007, for the office previously held by Michael T. Sauser. Carried 4-0. Copy filed.

Motion by Boykin second by Monson to approve the liquor license application for Hoohaa, Incorporated (Twenty-Seven Flags Golf), 2299 Alicia Avenue, Sergeant Bluff, Iowa, for a one year Class C liquor license, with outdoor service and Sunday sales privileges. Carried 4-0. Copy filed.

Motion by Batcheller second by Boykin to approve the liquor license application for DJs, 3113 Highway 75, Sloan, Iowa, for an eight month Class C liquor license, with brew pub, Sunday sales, and catering privileges. Carried 4-0. Copy filed.

Motion by Boykin second by Monson to approve the reappointment of Chris Jensen, 112 24th Street, Sioux City, Iowa, to the Community Action Agency of Siouxland Board of Directors for three years. Carried 4-0.

Motion by Boykin second by Monson to approve and receive for signatures a Resolution proclaiming the week of April 8-14, 2007 as National Public Safety Telecommunications Week. Carried 4-0.

WOODBURY COUNTY, IOWA
RESOLUTION NO. 10,150
PROCLAMATION

NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK

WHEREAS, emergencies can occur at anytime that require police, fire or emergency medical services; and

WHEREAS, when an emergency occurs, the prompt response of police officers, firefighters and paramedics is critical to the protection of life and preservation of property; and

WHEREAS, Public Safety Telecommunicators are the first and most critical contact our citizens have with emergency services; and

WHEREAS, Public Safety Telecommunicators are the single vital link for our police officers and firefighters by monitoring their activities by radio, providing them information and insuring their safety; and

WHEREAS, each dispatcher has exhibited compassion, understanding and professionalism during the performance of their job in the past year;

THEREFORE, The Woodbury County Board of Supervisors do hereby proclaim

APRIL 8-14, 2007 AS
NATIONAL PUBLIC SAFETY
TELECOMMUNICATIONS WEEK

in Woodbury County, Iowa, in honor of the men and women whose diligence and professionalism keep our county and citizens safe.

SO RESOLVED THIS 3rd day of April, 2007.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

The Board discussed Courthouse Restoration Change Order #7 for sidewalk construction with Patty Erickson-Puttmann, Social Services Director.

Motion by Batcheller second by Boykin to approve and authorize the Chairman to sign Change Order #7 and to provide funding from local option sales tax funds. Carried 4-0. Copy filed.

Motion by Boykin second by Monson to approve and authorize the Chairman to sign a Resolution establishing a 2007 Weed Destruction Program, per recommendation of County Engineer Richard Storm. Carried 4-0.

WOODBURY COUNTY, IOWA
RESOLUTION NO. 10,151
WEED DESTRUCTION ORDER

WHEREAS, it is the responsibility of each of Iowa Countys Board of Supervisors to enforce the provisions of Chapter 317 of the Code of Iowa as amended with regard to the destruction of weeds, and

WHEREAS, under Chapter 317 of the Code of Iowa as amended each county Board of Supervisors must prescribe and order a program of weed destruction to be followed by landowners, tenants, and other persons in possession or control of land, and

WHEREAS, it has been determined by the Woodbury County Board of Supervisors that a program of weed destruction for the year 2007 is necessary,

NOW THEREFORE,

BE IT RESOLVED by the Board of Supervisors of Woodbury County, Iowa that each landowner, tenant or other person in possession or control of private land shall on or before the dates stated below, destroy the below-listed noxious weeds on their land by spraying them with a suitable herbicide in a strength sufficient to kill such weeds.

1. May 25, 2007 - for musk, thistle, sow thistle, bull thistle, leafy spurge, perennial pepper grass, sour dock perennial, smooth dock perennial, and sheep sorrel perennial.

2. June 1, 2007 - for Canada thistle, Russian knapweed, buckhorn perennial, wild mustard annual, horse nettle, and teasel biennial.

3. June 8, 2007 - for field bindweed, wild carrot biennial, and quack grass.

4. June 15, 2007 - for butterprint annual, puncture vine annual, and cocklebur annual.

5. July 13, 2007 - for wild sunflower annual and poison hemlock.

6. October 2, 2007 - all thistles in the rosette stage.

BE IT FURTHER RESOLVED AND ORDERED that all weeds on county trunk and local roads and between the fence lines of such roads, whether they be noxious weeds or other weeds, shall be cut or otherwise destroyed, to prevent seed production, by the owner of the land adjoining the road on or before June 22, 2007.

BE IT FURTHER RESOLVED that weeds that are not destroyed in compliance with the above order may be destroyed by the Weed Commissioner, and the costs of destruction by the Weed Commissioner, including the cost of serving notice, plus a penalty of twenty-five percent of total costs shall be assessed against the property upon which the weeds were destroyed, in the case of private lands, or against the adjoining land, in the case of weeds on county roads. Landowners are to contact Weed Commissioner and notify him if there are areas that should not be sprayed with herbicides.

SO RESOLVED this 3rd day of April, 2007.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Batcheller second by Boykin to approve and authorize the Chairman to sign the Secondary Roads budget for fiscal year 2007-2008, for submittal to the Iowa DOT, per recommendation by the County Engineer. Carried 4-0. Copy filed.

The County Engineer presented the Board with a review copy of the Secondary Roads Construction Program for fiscal years 2008-2012.

Motion by Batcheller second by Monson to award the bid for one motor grader for the Secondary Roads Dept. to Ziegler, Incorporated for a Caterpillar 140H, less trade-in of County unit #411, with a net bid price of $189,640.00, and to award the bid for the second motor grader to Tractor and Supply for a John Deere 770D, less trade-in of County unit #513, with a net bid price of $143,951.00, per recommendation by the County Engineer. Carried 4-0. Copy filed.

Motion by Monson second by Boykin to approve and authorize the Chairman to sign a 28E agreement with the City of Sergeant Bluff concerning a Secondary Roads Dept. diesel fuel tank located at Sergeant Bluff, per recommendation by the County Engineer. Carried 4-0. Copy filed.

A public hearing was held at 10:30 a.m. for the issuance and sale of revenue bonds or notes for the Siouxland Community Health Center Project.

The Chairman called on anyone wishing to be heard.

Motion by Batcheller second by Boykin to close the hearing as there was no one to be heard. Carried
4-0.

Motion by Monson second by Batcheller to authorize the Chairman to sign a Resolution to proceed with the issuance of bonds for the Siouxland Community Health Center Project. Carried 3-0; Boykin abstained.

WOODBURY COUNTY, IOWA
RESOLUTION NO. 10,152

RESOLUTION RELATING TO THE HOLDING OF A PUBLIC HEARING AND APPROVING PROCEEDINGS FOR THE ISSUANCE AND SALE OF REVENUE BONDS OR NOTES (SIOUXLAND COMMUNITY HEALTH CENTER PROJECT) IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $7,000,000.

WHEREAS, Woodbury County, Iowa (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 for the purpose of acquiring, constructing, improving and equipping a 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 Code (a Tax Exempt Organization), refunding any bonds issued pursuant to the Act and retiring any existing indebtedness on a facility for a Tax Exempt Organization, each of which purposes is a project within the meaning of the Act and each of which projects may be located within the Issuer, within eight miles of the corporate limits of the Issuer and, in the case of ancillary projects, more than eight miles outside the corporate limits of the Issuer but within the state of Iowa; and

WHEREAS, the Issuer has been requested by Siouxland Community Health Center (the Borrower), a Tax Exempt Organization, to issue revenue bonds or notes, in an aggregate principal amount not to exceed $7,000,000 (the Bonds) pursuant to the Act, and to loan said amount to the Borrower for the purpose of (1) acquiring, constructing, equipping and furnishing an approximately 50,000 to 55,000 square foot multi-level medical clinic (the Clinic) for the primary operations of the Borrower, including but not limited to the primary medical and dental health care services departments, the radiology department, the pharmacy, the mental health services department, laboratory services, the HIV/AIDs program, the social services department, and administrative offices and conference rooms, parking areas, sidewalks and related land improvements, and acquiring the land for the foregoing, all to be located in the block bounded by Pierce Street, Nebraska Street, 10th Street and 11th Street, Sioux City, Iowa with the street address of the Clinic to be 1021 Nebraska Street, Sioux City, Iowa (the Project); and (2) 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, the Bonds, if issued, shall be limited obligations 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 Bonds shall be payable solely out of the revenues derived from the Loan Agreement; and

WHEREAS, notice of intention to issue the Bonds has, as directed by the Board of the Issuer, been duly given in compliance with the Act and Section 147(f) of the Internal Revenue Code; and

WHEREAS, a public hearing has been held on the proposal to issue the Bonds at the time and place as specified in said notice and all objections or other comments relating to the issuance of the Bonds have been heard; and

NOW, THEREFORE, Be It Resolved by the Board of Supervisors of Woodbury County, Iowa, as follows:

Section 1. It is hereby determined that it is necessary and advisable that the Issuer proceed with the issuance of the Bonds, as authorized and permitted by the Act, and loan the proceeds of the sale of the Bonds to the Borrower, all upon terms and conditions mutually satisfactory to the Issuer and the Borrower.

Section 2. At the public hearing conducted by the Board, pursuant to published notice, all persons who appeared were given an opportunity to express their views for or against the proposal to issue the Bonds.

Section 3. The Board shall proceed with the necessary proceedings relating to the issuance of the Bonds.

Section 4. The Bonds, if issued, and the interest thereon, will be payable solely out of the revenues derived from the Loan Agreement, and shall never constitute an indebtedness of the Issuer within the meaning of any state constitutional provision or statutory limitation, and shall not constitute nor give rise to a pecuniary liability of said Issuer or a charge against its general credit or taxing powers. All costs and expenses incident to the issuance and sale of the Bonds, including, but not limited to, accounting, legal, special counsel, Bond Counsel, printing and filing fees, shall be paid from proceeds of the Bonds or directly by the Borrower.

Section 5. All resolutions and orders or parts thereof, in conflict herewith are, to the extent of such conflict, hereby repealed, and this Resolution shall be in full force and effect immediately upon its adoption.

Passed and approved April 3, 2007.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Boykin second by Batcheller to authorize the chairman to sign a letter of support for the County Fairs application for a grant from Iowa Network Services. Carried 4-0.

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

The Board adjourned the regular meeting until April 10, 2007.