Minutes - 5/26/1998

MAY 26, 1998 FORTY-NINETH MEETING OF THE BOARD OF SUPERVISORS
The Board of Supervisors met on Tuesday, May 26, 1998 at 9:00 A.M. Board members present were Batcheller, Boykin, Burnight, Clausen and Welte. Staff members present were Nancy Hodge, Board Administrative Coordinator, Patrick F. Gill, County Auditor/Board Secretary, and Ann Long, Assistant Attorney.

The Claims were approved as presented.

Meeting called to order.

Motion by Burnight second by Clausen to approve the minutes of the regular Board Minutes of May 19, 1998 amended to reflect the absence of Nancy Hodge and the presence of Karen James. Carried 5-0.

Motion by Batcheller second by Clausen to approve the minutes of Executive Session of May 12, 1998. Carried 5-0.

Motion by Clausen second by Boykin to approve the minutes of Executive Session #1 of May 19, 1998. Carried 5-0.

Motion by Clausen second by Burnight to approve the minutes of Executive Session #2 of May 19, 1998. Carried 5-0.

Motion by Batcheller second by Clausen to approve the minutes of Executive Session #3 of May 19, 1998. Carried 5-0.

Motion by Burnight second by Boykin to receive for signatures a resolution appointing commissioners to reclassify sections of Orton Slough Drainage District. Carried 5-0.

RESOLUTION NO. 9066

IN THE MATTER OF THE
ORTON SLOUGH DRAINAGE DISTRICT

RESOLUTION APPOINTING COMMISSIONERS TO RECLASSIFY

WHEREAS, the Woodbury County Board of Supervisors as Trustees of the Orton Slough Drainage District are informed and advised of the construction of a manufacturing building and adjacent hard surface parking lot by Design Homes, Inc., located in the SW of Section 21, Township 87, Range 47; and

WHEREAS, it appears that as a result of the construction of its building and adjacent parking lot and hard surface entrance road by Design Homes, Inc., there has been a material change in the character of certain lands benefited by the improvement in that the drainage or surface waters have increased and that drainage requirements imposed on the Orton Slough Drainage District have increased, resulting in inequitable assessment of benefits.

Resolution #9066 contd.

NOW THEREFORE, BE IT RESOLVED having determined that there may be an inequitable assessment of benefits, it is resolved that pursuant to Section 468.65 of the 1997 Code of Iowa that three commissioners must be appointed to assess benefits and classify the lands affected by the improvement, the Board may consider whether the existing assessments are equitable as a basis for payment of expense of maintaining the district and of making the repair, improvement or extension.

NOW THEREFORE, BE IT FURTHER RESOLVED pursuant to Section 455.45 that three commissioners to assess benefits, and classify the lands affected by the improvements be appointed and the following commissioners are hereby appointed: Jack Virtue, Civil Engineer; of Onawa, Iowa and Harold Fowler, of Smithland, Iowa, freeholder, and John Hollenbeck of Salix, Iowa, freeholder. The Commissioners are directed to take and subscribe an oath of their qualifications and to perform the duties of classification of said lands, fix the percentages of benefits and apportion and assess the costs and expenses of constructing the proposed improvements.

IT IS FURTHER RESOLVED that within thirty (30) days after their appointment, the said Commissioners shall begin to inspect all the lands classification within said district in tracts of 40 acres or less according to the legal or recognized subdivisions and reclassification, if necessary, those lands owned and possessed by Design Homes, Inc., in a graduated scale of benefits to be numbered according to the benefits received by each of such tracts from such improvement, and pursue said work continuously until completed and, when completed, shall make a full, accurate and detailed report thereof and file the same with the Woodbury County Auditor, all in accord with Section 455.46, et seq. Of the 1981 Code of Iowa.

DATED at Sioux City, Iowa this 26th day of May, 1998.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Batcheller second by Boykin to table reviewing the petition requesting repair of closed bridges on Route K-64 and quotes for repair for one week. Carried 5-0

Motion by Clausen second by Boykin to authorize the Chairman to sign Universal Payment Voucher to reimburse Iowa DOT for reproduction costs form the Farm-to-Market Fund. Carried 5-0.

Motion by Boykin second by Clausen to approve the line item changes requested by Siouxland District Health Department. Carried 5-0.

The Public Hearing and sale of the 1971 White/Gold Marlette Mobile Home VIN #K14370FB610411 was held at 10:15 A.M. The Chairman called on anyone wishing to be heard on said sale.

Motion by Boykin second by Burnight to close the public Hearing and sale of the 1971 Marlette Mobile Home to Dale E Bakke only. Carried 5-0.

Motion by Batcheller second by Boykin to approve the sale of the 1971 Marlette Mobile Home to Dale E Bakke only in the amount of $218.00, effective 5/26/98. Carried 5-0.

RESOLUTION OF THE BOARD OF SUPERVISORS OF WOODBURY COUNTY, IOWA #9067

BE IT RESOLVED by the Board of Supervisors of Woodbury County, Iowa, that the offer of Dale E Bakke.

in the sum of TWO HUNDRED EIGHTEEN AND NO/100 (218.00) Dollars for the following described Mobile Home, to wit:

1971 WHITE/GOLD MARLETTE VIN #K14370FB610411, 938.0 SQUARE FEET LAST LOCATED AT 2440 280TH STREET CITY OF HORNICK, WOODBURY COUNTY, IOWA the same is hereby accepted.

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 Tax Title will be assigned for the said mobile home to the said purchaser.

SO DATED this 26th day of MAY, 1998.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Clausen second by Boykin to set the Public Hearing and Sale of Real Estate Parcel #175590 on June 9, 1998 at 10:15 A.M. Carried 5-0.

RESOLUTION #9068
NOTICE OF PROPERTY SALE

Parcel # 175590

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

All South of North One Hundred Forty-four (N 144) feet of Lots Eight (8) and nine (9) in block One (1) of Galbraiths Second Addition, City of Sioux City, Woodbury County, Iowa

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 9th day of June, 1998, at 10:15 oclock a.m. in the meeting room of the Board of Supervisors on the first floor of the Woodbury County Courthouse.

Resolution #9068 contd.

2. That said Board proposes to sell the said parcel of real estate at a public auction to be held on the 9th day of June, 1998, 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 $140.00 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 26th day of May, 1998.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.
Motion by Burnight second by Clausen to set the Public Hearing and Sale of Real Estate Parcel #262455 on June 9, 1998 at 10:16 A.M. Carried 5-0.

RESOLUTION #9069
NOTICE OF PROPERTY SALE

Parcel # 262455

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

Lot Four (4) in Block Nine (9) of the Hornicks 2nd Addition, City of Sioux City, Woodbury County, Iowa

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 9th day of June, 1998, at 10:16 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 9th day of June, 1998, 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 $326.00 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 26th day of May, 1998.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.
The Board approved the appointment of Bobby T. Hayes, Temporary Summer Laborer, Secondary Roads, @$7.00/hr., effective 5/26/98, not to exceed 120 days. Copy filed.

The Board approved the appointment of Jason N. Neyhart-Steffen, Temporary Summer Laborer, Secondary Roads, @$6.50/hr., effective 5/26/98, not to exceed 120 days. Copy filed.

The Board approved the appointment of Susan H. Grover, Legal Secretary III, County Attorney, @$10.40/hr., effective 05/27/98, Job vacancy reposted: 4/17/98, entry level salary: $10.40/hr. Copy filed.

The Board approved the reclassification of Gregory J. Stallman, Correctional Officer, County Sheriff, @$11.48/hr., effective 6/1/98, Per DSA Contract agreement, from Class 3 to Class 3 to Class 4. Copy filed.

The Board approved the reclassification of George G. Nuncio, Correctional Officer, County Sheriff, @$11.48/hr., effective 6/1/98, Per DSA Contract agreement, from Class 3 to Class 4. Copy filed.

The Board approved the appointment of Arthur D. Detches, Custodian, Building Services, @$7.14/hr., effective 5/27/98, Job vacancy reposted: 4/23/98. Entry level salary: $7.14/hr. Copy filed.

The Board approved the appointment of Amy K. Jensen, Temporary Clerk, County Auditor, @$8.10/hr., effective 5/26/98, Not to exceed 120 days. Copy filed.

The Board approved the end of medical leave of absence of Eric J. Stolpe, Custodian, Building Services, effective 5/18/98. Copy filed.

Motion by Batcheller second by Burnight to approve the Woodbury County Hiring Policy. Carried 5-0.

Motion by Burnight second by Batcheller to approve the contract with Salem for 90 days. Carried 3-2. Boykin and Clausen Nay.

Motion by Boykin second by Batcheller to close the public hearing for Budget Amendment #3. Carried 5-0.

Motion by Boykin second by Clausen to approve the proposed Budget Amendment #3. Carried 5-0.

Motion by Boykin second by Burnight to close the Public Hearing for the proposed Issuance by the County of Woodbury County of not to exceed $10,600,000 for Health Care facility Revenue Bonds on behalf of Siouxland Regional Cancer Center. Carried 5-0.

Motion by Boykin second by Batcheller to approve and authorize the Chairman to sign the 1998A Loan Agreement. Carried 5-0.

Motion by Batcheller second by Clausen to approve and authorize the Chairman to sign the 1998A Indenture of Trust. Carried 5-0.

Motion by Clausen second by Burnight to approve and authorize the Chairman to sign the 1998A Bond Purchase Agreement. Carried 5-0.

Motion by Burnight second by Boykin to approve abd authorize the Chairman to sign the 1998A Remarketing Agreement. Carried 5-0.

Motion by Batcheller second by Burnight to accept the motion adopted by the Sioux City Community School District requesting an election be held for a local sale and service tax for school infrastructure purposes and submit said question to Woodbury County residents. Carried 5-0.

Motion by Burnight second by Boykin to approve the suspension and abatement of taxes under the Provisions of Iowa Code section 427.8 and 427.10. Carried 5-0.

Motion by Boykin second by Batcheller to approve the final plats by Nick Corey with a bonding requirement for the surfacing of the road. Carried 4-1. Clausen nay. Copy filed.

Motion by Boykin second by Batcheller to table the consideration of final plats for Shadeland County Estates Subdivision, Jack Cook Farms. Carried 5-0.

Motion by Boykin second by Batcheller to go into Executive Session per Iowa Code Section 21.5(1) (c). Carried 5-0 on roll call vote.

Motion by Batcheller second by Burnight to go out of Executive Session. Carried 5-0 on roll call vote.

The Board adjourned the meeting until June 2, 1998.