Minutes - 3/2/1999

MARCH 2, 1999 THIRTY-THIRD MEETING OF THE BOARD OF SUPERVISORS
The Board of Supervisors met on Tuesday, March 2, 1999 at 9:00 A.M. Board members present were Boykin, Clausen, Walish and Welte. Batcheller absent. Staff members present were Nancy Hodge, Board Administrative Coordinator, Ann Long, Assistant County Attorney and Patrick F. Gill, County Auditor/Board Secretary.

The Board canvassed the February 23, 1999 Special Franchise Election of Oto with the following official results:

Vicki Ritz, Deputy Commissioner of Elections, announced there were 0 challenged ballots, also 0 after-election absentee ballots which were postmarked prior to Election Day were received timely and added to the Tally.

Shall the Following Public Measure Be Adopted?

Ordinance No. 58 An ordinance granting to MidAmerican Energy Company, its successors and assigns, the right and franchise to acquire, construct, erect, maintain and operate in the city of Oto Iowa an electric system and communications facilities and to furnish and sell electric energy to the city and its inhabitants for a period of 25 years'

Upon the public measure Question A-Ordinance No. 58 there were Seventeen (17) votes cast, as follows:

For the question there were Seventeen (17) votes cast. Against the question there were Zero (0) votes cast.

We therefore declare the public measure Question A to be adopted.

Motion by Welte second by Boykin to approve and receive for signatures the canvass of the Oto franchise election. Carried 4-0.

The Board canvassed the February 23, 1999 Special Franchise Election of Hornick with the following official results:

Vicki Ritz, Deputy Commissioner of Elections, announced there were 0 challenged ballots, also 0 after-election absentee ballots which were postmarked prior to Election Day were received timely and added to the Tally.

Shall the Following Public Measure Be Adopted?

Ordinance No. 199 An ordinance granting to MidAmerican Energy Company, its successors and assigns, the right and franchise to acquire, construct, erect, maintain and operate in the city of Hornick Iowa an electric system and communications facilities and to furnish and sell electric energy to the city and its inhabitants for a period of 25 years.'

Upon the public measure Question A-Ordinance No. 199 there were Twenty-Six (26) votes cast, as follows:

For the question there were Twenty-Six (26) votes cast. Against the question there were Zero (0) votes cast.

We therefore declare the public measure Question A to be adopted.

Motion by Boykin second by Welte to approve and receive for signatures the canvass of the Hornick franchise election. Carried 4-0.

Copies filed.

The Claims were approved as presented.

Meeting called to order.

Motion by Welte second by Walish to approve the Board minutes of February 23, 1999 as submitted. Carried 3-0, Boykin abstained.

Motion by Welte second by Clausen to approve the minutes of the first executive session of February 23, 1999 as submitted. Carried 3-0, Boykin abstained.

Motion by Welte second by Walish to approve the minutes of the second executive session of February 23, 1999 as submitted. Carried 3-0, Boykin abstained.

There was open discussion period held by the Board.

The Board approved the separation of Scot L. Lilly, Custodian, Building Services, and effective 2/18/99. Copy filed.

The Board approved the separation of Susan J. Nathlich, Social Services Secretary, Social Services, effective 3/12/99. Copy filed.

The Board approved the transfer of Susan J. Garner, Drainage Ditch Clerk II, County Auditor/Recorder, @$11.29/hr., effective 3/1/99. In-House vacancy posting for new position: 2/17/99. Transfer at current wage. Copy file.

The Board approved the separation of Jay B. Cosgrove, Correctional Officer, County Sheriff, effective 2/24/99. Copy filed.

The Board approved the appointment of Diane L. DeKok, Grants Monitor/Clerk II, County Auditor/Recorder, @$8.63/hr., effective 3/8/99. Job vacancy posted: 12/23/98, Entry Level Salary: $8.63/hr. Copy filed.

Motion by Welte second by Boykin to authorize the Chairman to sign the Authorization to Initiate the Hiring Process for Custodian, Building Services, AFSCME Cthouse/Grade 1, Step 1: $7.35/hr., Secretary, Social Services, Wage Plan: $10.71/hr., Vital Statistics Clerk II, County Auditor/Recorder, AFSCME Cthouse. /Grade 4, Step 1: $8.63/hr., Correctional Officer, County Sheriff, DSA Contract $11.11/hr. Carried 4-0. Copy filed.

Motion by Boykin second by Welte to approve and receive for signatures a resolution memorandum of understanding between Woodbury County Conservation Department and Secondary Roads Department. Carried 4-0.

WOODBURY COUNTY, IOWA
RESOLUTION NO. 9161
A RESOLUTION APPROVING MEMORANDUM OF AGREEMENT BETWEEN SECONDARY ROADS AND CONSERVATION DEPARTMENT.

WHEREAS, Woodbury County Secondary Roads Department agrees to transfer jurisdiction of a gravel pit located in Section 1, T88N, R43W, Kedron Township to Woodbury County.

WHEREAS, in consideration of this transfer of jurisdiction Woodbury County Secondary Roads Department and Woodbury County Conservation Department agree to stipulations included in memorandum of understanding approved February 17, 1999.

NOW THEREFORE,

BE IT RESOLVED by the Woodbury County Board of Supervisors that transfer of jurisdiction of Woodbury County Gravel Pit from Secondary Roads to Conservation Department be approved.

SO RESOLVED this 2nd day of March, 1999.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Welte second by Boykin to authorize Chairman to sign agreement for engineering services with HGH Associates Inc., Omaha, NE. Carried 4-0. Copy filed.

The Public Hearing and sale of Real Estate Parcel #145530 was held at 10:15 A.M. The Chairman called on anyone wishing to be heard on said sale.

Motion by Welte second by Walish to close the Public Hearing on the sale of Real Estate Parcel #145530 as there was no one present wishing to be heard on said sale. Carried 4-0.

Chairman called for bids on Real Estate Parcel #145530. Triple D Contracting, Inc. bid $253.00 plus recording fee. There were no further bids.

Motion by Boykin second by Welte to accept Triple D Contracting, Inc.s $253.00 bid for Parcel #145530. Carried 4-0.

RESOLUTION OF THE BOARD OF SUPERVISORS OF WOODBURY COUNTY, IOWA #9162

BE IT RESOVED by the Board of Supervisors of Woodbury County, Iowa, that the offer at public auction of: TRIPLE D CONTRACTING, INC.

in the sum of TWO HUNDRED FIFTY-THREE AND NO/100 ($253.00) Dollars for the following described real estate to wit:

LOTS TWENTY-SIX (26) TO THIRTY-ONE (31) INCLUSIVE, BLOCK THREE (3), EDEN PARK, CITY OF SIOUX CITY, WOODBURY COUNTY, IOWA

now and included in and forming a part of the City of Sioux City, Iowa, the same is hereby accepted; said amount being a sum LESS than the amount of the general taxes, interests, costs and penalties against the said real estate.

BE IT RESOLVED that payment is due by close of business on the day of passage of this resolution or this sale is null and void and this resolution shall be rescinded.

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 Chairman of this Board be and he is hereby authorized to execute a Quitclaim Deed for the said premises to the said purchaser.

SO DATED this 2ND day of March 1999.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Boykin second by Walish to lift the tax suspension for H.C., G.K., and M.S. Carried 4-0.

Motion by Boykin second by Welte to approve a request by the Woodbury County Conservation Board to authorize the conservation director to sign for Farm Service Agency requirements. Carried 4-0.

Motion by Boykin second by Walish to approve placement and payment for C.D. at Northwood Terrace from Glenwood. Carried 4-0.

The item relating to Courthouse Preservation was deemed to be an item for consideration by the Woodbury County Courthouse Foundation and deferred to the agenda for that meeting.

Motion by Boykin second by Welte to refer Deerview Addition Subdivision request to the Zoning Commission for recommendation. Carried 4-0. Copy filed.

There were no bids received for the sale of buildings for Holly Springs 404 Hazard Mitigation Project.

Lupe Hittle, Director of Crittenton Center gave an update of Centers work and programs.

Brent Nelson, City Planner from City of Sioux City deferred until a later date a discussion regarding joint city-county planning for fringe areas around City of Sioux City.

Motion by Welte second by Walish to approve and authorize Chairman to sign Change Order #1 for remodeling third floor, Trosper Hoyt County Services Building. Carried 4-0.

Motion by Welte second by Boykin to approve and receive for signatures a resolution regarding Census 2000 Proclamation. Carried 4-0.

WOODBURY COUNTY, IOWA
RESOLUTION #9163
CENSUS 2000 PROCLAMATION

WHEREAS, the year 2000 marks a new century full of opportunities and possibilities; and

WHEREAS, the United Stated decennial Census is required by the Constitution of the United State; and

WHEREAS, the Census is the basis of political representation for all citizens; and

WHEREAS, the Census results are the basis for funding many programs important to the County of Woodbury, Iowa; and

WHEREAS, the goal of the 2000 Census is 100 percent participation by all Iowans, including all residents of Woodbury County;

THEREFORE BE IT RESOLVED that the Woodbury County Board of Supervisors supports Census 2000 and promotes 100 percent participation in Woodbury County, Iowa.

SO RESOLVED this 2nd day of March, 1999

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Boykin second by Walish to approve and receive for signatures a resolution proclaiming the month of March 1999 as Mental Retardation Awareness Month. Carried 4-0. Copy filed.

RESOLUTION # 9164
MENTAL HEALTH MONTH PROCLAMATION

WHEREAS, mental retardation is a condition which today affects more than sever (7) million American children, adults, and their families, many of whom wait on long lists for needed services and supports; and

WHEREAS, the most effective weapons of the serious problems associated with mental retardation and public knowledge and understanding; and

WHEREAS, the potential for citizens with mental retardation to function more independently productively must be fostered; and

WHEREAS, during the month of March, 2,500 members through the local chapters of The Arc, of Iowa, a statewide organization on mental retardation, are forging vital employment, educational, and fund-raising campaigns under private section initiatives; and

WHEREAS, The Arc of Iowa is celebrating forty-six years of service to families and individual; and

THEREFORE BE IT RESOLVED that the Woodbury County Board of Supervisors does hereby proclaim the period of March, 1999, as

MENTAL RETARDATION AWARENESS MONTH

In Woodbury County, and urges the citizens of the County to give full support to efforts toward enabling people with mental retardation to live productive lives and achieve their potential.

SO RESOLVED this 2nd day of March, 1999.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Welte second by Walish to approve advertising for cash rent lease of county farm. Carried 4-0. Copy filed.

Motion by Welte second by Walish to approve and authorize Chairman to sign resolution for the refund of interest and penalty wrongfully paid by Thomas and Karen Handke. Carried 4-0.

WOODBURY COUNTY, IOWA

RESOLUTION # 9165

RESOLUTION APPROVING REFUND OF INTEREST AND PENALTY

WHEREAS, Karen and Thomas Handke are the titleholder of a real estate parcel located in the Township of Oto and legally described as follows:

All of that part of the Northeast Quarter of the Northwest Quarter (NE3-NW3), all that part of the Southeast Quarter of the Northwest Quarter (SE3-NW3), all that part of the Northwest Quarter of the Northeast Quarter (NW3-NE3), all that part of the Southwest Quarter of the Northeast Quarter (SW3-NE3), and all that part of the Northwest Quarter of the Southeast Quarter (NW3-SE3), all in Section Sixteen (16), Township Eighty Six (86) North, Range Forty Three (43) West of the Fifth Meridian, Woodbury County, Iowa, described as beginning at the Center Quarter (C 3) corner of Section 16-86-43, thence South 892235 West 1,317.50 feet to the Southwest (SW) corner of the SE3-NW3 of Section 16-86-43, thence North 004025 East 2,640.60 feet to the Northwest (NW) corner of the NE 3-NW3 of said Section 16-86-43, thence North 895855 East along the North line of the NE3-NW3 of Section 16-86-43, 720.75 feet to the centerline of Danbury Blacktop D-54, thence following said centerline South 393200 East 1,151.65 feet, thence South 301430 East along a 1,432.50 foot radius curve, concave Southwesterly, a long chord distance of 462.55 feet, thence South 205700 East 2,472.85 feet to an intersection with the East line of the NW3-SE3 of Section 16-86-43, thence leaving said centerline along the East line of said NW3-SE3, 335.10 feet to the Southeast (SE) corner of said NW3-SE3, thence North 893845 West 1,310.10 feet to the Southwest (SW) corner of said NW3-SE3, thence North 011825 East 1,298.20 feet to the Point of Beginning; except a tract described on plat of survey filed July 17, 1981, in the office of Woodbury County Recorder at Images 614 and 615, Roll 112. Exception contains 11.41 acres, except the South Forty Feet (S 40) of the Northwest Quarter (NW 3) of the Southeast Quarter (SE 3).

A warranty deed for this property was recorded in the Woodbury County Recorders Office on December 26, 1996, Roll 364, Image 799; and

WHEREAS, the above﷓stated property had owing for 1997-1998 and 1998-1999 real property taxes, the parcels constituting this property were sold on tax sale, but the above-named redeemed the tax certificates on January 14, 1999; and

WHEREAS, the above-named were duly diligent in attempting to immediately pay the taxes due, but were prevented from doing so because of an oversight by the Woodbury County Auditors Office; and

WHEREAS, the Board of Supervisors sees that good cause exists for the refund of this interest and penalty on these taxes; and

WHEREAS, the Board of Supervisors approved the refund of this wrongfully paid interest and penalty in the amount of One Hundred, Ninety Dollars and Fifty-six Cents ($190.56) at its regularly scheduled meeting on March 2, 1999.

NOW, THEREFORE, BE IT RESOLVED, that the Woodbury County Board of Supervisors hereby refunds the interest and penalty wrongfully paid on taxes owing on the above-described real estate, and hereby directs the Woodbury County Board of Supervisors Administrative Coordinator to refund this interest and penalty from fund #001-0031-400-4955 of the general basic fund.

SO RESOLVED this 2nd day of March, 1999.

WOODBURY COUNTY, BOARD OF SUPERVISORS

Copy filed.

The Chairman asked for and received unanimous consent to add an item to the agenda concerning telephone service for the county due to the urgency of the issue.

Motion by Boykin second by Walish to approve the county replacing previously approved contracts for local T1 service with U.S. West and replacing them with contracts with McLeod for both local and long distance service. Carried 4-0. Copy filed.

There was a five-minute recess.

Motion by Welte second by Walish to go into Executive Session per Iowa Code Section 21.5(1)(c). Carried 4-0 on a roll call vote.

Motion by Boykin second by Walish to go out of Executive Session. Carried 4-0 on a roll call vote.

Motion by Boykin second by to approve the recommendation of the attorney in the previous executive session. Carried 4-0.

Motion by Boykin second by Welte to go into Executive Session per Iowa Code Section 21.5(1)(c). Carried 4-0 on a roll call vote.

Motion by Welte second by Boykin to go out of Executive Session. Carried 4-0 on a roll call vote.

Motion by Boykin second by Walish to approve the recommendation by the attorney in the previous closed session. Carried 4-0.

The Board adjourned the regular meeting until March 9, 1999.