Minutes - 4/13/1999

APRIL 13, 1999 THIRTY-NINETH MEETING OF THE BOARD OF SUPERVISORS
The Board of Supervisors met on Tuesday, April 13, 1999 at 9:00 A.M. Board members present were Batcheller, Boykin, and Welte. Clausen and Walish were 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 April 6, 1999 Special Franchise Election of Cushing 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. 3 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 Cushing, 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. 3 there were Thirty-four (34) votes cast, as follows:

For the question there were Thirty-four (34) 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 Batcheller to approve and receive for signatures the canvass of the Cushing Franchise Election. Carried 3-0.

The Claims were approved as presented.

Meeting called to order.

Motion by Batcheller second by Welte to approve the Board minutes of April 6, 1999 as submitted. Carried 3-0.

Motion by Batcheller second by Welte to approve the minutes of Executive Session #1 of April 6th, 1999 as submitted. Carried 3-0.

Motion by Welte second by Batcheller to approve the minutes of Executive Session #2 of April 6th, 1999 as submitted. Carried 3-0.

Motion by Batcheller second by Welte to approve the minutes of Executive Session #3 of April 6th, 1999 as submitted. Carried 3-0.

Motion by Welte second by Batcheller to approve the minutes of Executive Session #4 of April 6th, 1999 as submitted. Carried 3-0.

There was open discussion period held by the Board.

Motion by Welte second by Batcheller to refer Whiskey Creek Vista Subdivision to Zoning Commission for recommendations. Carried 3-0.

Motion by Welte second by Batcheller to approve and authorize Chairman Pro Tem to sign several pages dealing with the Iowa Department of Public Healths Single County Contract. Carried 3-0. Copy filed.

The Public Hearing and sale of Real Estate Parcel #075420 was held at 10:15 A.M. The Chairman called on anyone wishing to be heard on said sale.

Motion by Welte second by Batcheller to close the Public Hearing on the sale of Real Estate Parcel #075420 as there was no one present wishing to be heard on said sale. Carried 3-0.

Chairman called for bids on Real Estate Parcel #075420. Troy Jones bid the minimum bid of $100.00 plus recording fees. There were no further bids.

Motion by Welte second by Batcheller to accept Troy Jones $100.00 bid for Real Estate Parcel #075420 plus recording fees. Carried 3-0.

RESOLUTION OF THE BOARD OF SUPERVISORS OF WOODBURY COUNTY, IOWA #9182

BE IT RESOVED by the Board of Supervisors of Woodbury County, Iowa, that the offer at public auction of: TROY R. JONES SINGLE PERSON

in the sum of ONE HUNDRED AND NO/100 ($100.00) Dollars for the following described real estate to wit:

Lot One (1) Block Nine (9) Booges West Side Addition, City of Sioux City, Woodbury County, Iowa (a.k.a. 3133 Harris Street)

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 13h day of April 1999.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Batcheller second by Welte to approve Change Order #3 for remodeling of Trosper-Hoyt County Services Buildings third floor. Carried 3-0. Copy filed.

Rod Kampman, Jail Inspector discussed jail limitation. Mr. Kampman gave an oral report to be followed up with a written report. Mr. Kampman stated the state will place a cap of 192 prisoners on the Woodbury County Jail beginning June 1, 1999. Along with the cap will come a requirement that additional staff, including medical staff, will have to be in place by August 1,1999. The amount of additional staff will be the required amount to appropriately handle a population of 192. There is also a requirement for a plan of corrective action to be put in place by July 15, 1999. If any of these requirements are not met, the cap will be reduced to 158 for which the jail was designed. It is essentially a three-year waiver to expire July 1, 2002.

The Board approved the appointment of Lisa M. Wilson, Secretary, Social Services, @$10.71/hr., effective 4/19/99. Job vacancy posted: 3/03/99. Entry level salary: $10.71/hr. Copy filed.

The Board approved the appointment of John S. Rusch, Asst. County Attorney-Civil, County Attorney, @$34,000/yr., effective 4/19/99. Job vacancy posted: 3/24/99. Salary Range $34,000-$39,359/yr., based on experience. Copy filed.

The Board approved the appointment of Ryan T. Denney, Correctional Officer, County Sheriff, @$11.11/hr., effective 4/19/99. Job vacancy posted: 3/3/99. Entry level salary: $11.11/hr. Copy filed.

The Board approved the reclassification of Randi D. Campbell, Clerk/Typist-Civil Division, County Sheriff, @$10.84/hr., effective 4/22/99. Per AFSCME Courthouse Contract agreement, from Grade 3, Step 5 to Grade 3, Step 6. Copy filed.

The Board approved the transfer of Ann M.K. Long, Asst. County Attorney, County Attorney, @$34,000/yr., effective 4/19/99. Transfer from Civil Division (Wage Plan) to Misdemeanor Division (AFSCME), at same salary.

Motion by Welte second by Batcheller to receive and accept quote from McKlveen & Son, Des Moines, IA to supply piling for 1999 bridge maintenance projects. Carried 3-0. Copy filed.

Motion by Welte second by Batcheller to receive and accept offer from Mark Pottorf, 113 Pioneer Valley, Sergeant Bluff, IA to purchase an additional 0.3-acre adjacent to his property. Carried 3-0.

Motion by Batcheller second by Boykin to receive and adopt the FY 1999-00 Construction and four-year priority program. Carried 3-0.

Motion by Welte second by Batcheller to consider continuation of the Tri-State Behavioral, Inc. Contract for mental Health Services. Carried 3-0.

Motion by Welte second by Batcheller to approve Change Order #9 for Courthouse Restoration Project, Phase III. Carried 3-0. Copy filed.

Motion by Welte second by Batcheller to approve and authorize Chairman Pro Tem to sign amendment to 28E Agreement with Woodbury County regarding Prediversion Grant increase in funds granted by state. Carried 3-0. Copy filed.

Motion by Batcheller second by Welte to approve and authorize Chairman Pro Tem to sign 28E Agreement for the Post Family Investment Program (FIP). Carried 3-0. Copy filed.

Motion by Batcheller second by Welte to approve and authorize Chairman Pro Tem to sign a new lease reflecting changes on County Farm Lease (deleting item #5). Carried 3-0. Copy filed.

There was discussion of County Farms grain bins. There will be more discussion of this item in the fall.

There was discussion about Iowa State Association of Counties ballot on Decatur lawsuit.

Motion by Welte second by Batcheller to participate in the Decatur County litigation for $180 to be paid out of the liability Fund. Carried 3-0.

Five Minute Recess

Motion by Batcheller second by Welte to go into Executive Session per Iowa Code Section 21.5(1)(c) Douglas Phillips, Attorney. Carried 3-0 on a roll call vote.

Motion by Welte second by Batcheller to go out of Executive Session. Carried 3-0 on a roll call vote.

Motion by Welte second by Batcheller to accept the attorney's recommendation to settle, for $500 on a wrongful arrest claim. Carried 3-0.

The Board adjourned the regular meeting until April 20, 1999.