Minutes - 4/11/2000

APRIL 11, 2000 THIRTY-EIGHTH MEETING OF THE BOARD OF SUPERVISORS
The Board of Supervisors met on Tuesday, April 11, 2000 at 9:00 A.M. Board members present were Boykin, Clausen, Batcheller, Walish and Welte. Staff members present were Karen James, Public Bidder, Patrick F. Gill, Auditor/Clerk to the Board, and John Rusch, Board Legal Counsel.

The Claims were approved as presented. Copy filed.

Meeting called to order.

Motion by Walish second by Clausen to amend the minutes of April 4, 2000 to reflect the boards intention to amend the Family Medical Leave Act policy to allow employees to use sick leave and vacation leave prior to activating the F.M.L.A. Carried 5-0.

Motion by Clausen second by Walish to approve the regular Board Minutes of April 4, 2000 as amended. Carried 5-0.

Motion by Clausen second by Batcheller to authorize Chairman to sign Resolution No. 9277, Weed Destruction Order for the year 2000. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION NO. 9277
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 2000 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.

May 20, 2000 - for musk, thistle, sow thistle, bull thistle, leafy spurge, perennial pepper grass, sour dock perennial, smooth dock perennial, and sheep sorrel perennial.

May 25, 2000 - for Canada thistle, Russian knapweed, buckhorn perennial, wild mustard annual, horse nettle, and teasel biennial.

June 10, 2000 - for field bindweed, wild carrot biennial, and quack grass.

June 15, 2000 - for butterprint annual, puncture vine annual, and cocklebur annual.

July 15, 2000 - for wild sunflower annual and poison hemlock.

September 15, 2000 - 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 25, 2000.

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.

SO RESOLVED this 11th day of April, 2000.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

The Board approved the separation of Thomas R. Parrett, full time Operations Officer, Disaster Services, effective 4-28-00. Copy filed.

Motion by Welte second by Clausen to approve and authorize the Chairman to sign the authorization to initiate hiring process for a full time Operations Officer, Disaster Services. In-House/Wage Plan: $12.46/hr. Carried 5-0. Copy filed.

Deb Gasson of Segal Company presented a health insurance update to the Board.

The Public Hearing and sale of Real Estate Parcel #144150 (a/k/a 3407-3rd Street) was held at 10:15 a.m. The Chairman called on anyone wishing to be heard on said sale.

Motion by Clausen second by Walish to close the Public Hearing on the sale of Real Estate Parcel #144150 as there was no one present wishing to be heard on said sale. Carried 5-0.

Chairman called for bids on Real Estate Parcel #144150. Troy K. Kelley bid $291.00 plus recording fees. There were no further bids.

Motion by Batcheller second by Walish to accept Mr. Kelleys bid of $291.00 plus recording fees. Carried 5-0.

RESOLUTION OF THE BOARD OF SUPERVISORS OF WOODBURY COUNTY, IOWA: #9279

BE IT RESOLVED by the Board of Supervisors of Woodbury County, Iowa, that the offer at public auction of:

TROY K. KELLEY, SINGLE PERSON, 3307 EAST 4TH STREET, SIOUX CITY, IOWA

in the sum of TWO HUNDRED NINETY-ONE AND NO/100 ($291.00)---------------------------------------------------Dollars for

the following described real estate, to wit: _LOT FORTY-SIX (46) BLOCK ONE (1) EDEN PARK ADDITION, 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 11TH day of APRIL , 2000.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.
The Board discussed the request from J.E. for a tax suspension under Code 447.9(3) and redemption of tax.

Motion by Welte second by Clausen to authorize Chairman to sign Resolution No. 9278 approving a petition for suspension of taxes through the redemption process for Parcel #141750. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION # 9278
RESOLUTION APPROVING PETITION FOR SUSPENSION
OF TAXES THROUGH THE REDEMPTION PROCESS

WHEREAS, Joan E. Ellensohn, as joint titleholder of real estate located at 924 N. Alice Street, Sioux City, Woodbury County, Iowa, and legally described as follows:

Parcel #141750

Lot 21 Block 3 East Terrace Addition, City of Sioux City, Woodbury County, Iowa

WHEREAS, Joan E. Ellensohn, as joint titleholder of the aforementioned property has petitioned the Board of Supervisors for a suspension of taxes pursuant to the 1999 Iowa Code Section 447.9(3) and,

WHEREAS, the Board of Supervisors recognizes from documents provided that the petitioner is unable to provide to the public revenue; and

NOW, THEREFORE, BE IT RESOLVED, that the Woodbury County Board of Supervisors hereby directs the County Auditor to redeem parcel # 031770 owned by the petitioner from the holder of a certificate of purchase of the amount necessary to redeem under section 447.1, and hereby directs the Woodbury County Treasurer to so record the approval of this tax suspension for this parcel.

SO RESOLVED this 11th day of April, 2000

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

The Board discussed the consideration of a request for payment of windshield repair.

Motion by Clausen second by Batcheller to deny payment for windshield repair. Carried 5-0.

Motion by Welte second by Clausen to receipt restitution funds of $19,351.00 to the General Basic Fund. Carried 5-0. Copy filed.

The Board discussed request from Department of Human Services regarding usage of old telephones.

Motion by Batcheller second by Walish to allow the Department of Human Services to give their old phones to their clients free of charge. Carried 5-0. Copy filed.

The Board discussed Community Services Grant/Single County Contract regarding Iowa Department of Public Health.

Motion by Clausen second by Batcheller to designate Woodbury County Board of Supervisors to serve as the Contractor for Community Services Grant/Single County Contract. Carried 5-0. Copy filed.

Motion by Clausen second by Walish to designate the Director of Siouxland District Health Department to serve as the Project Manager for the Community Services Grant/Single County Contract. Carried 5-0.

Motion by Batcheller second by Walish to select providers for the program under this contract by historical precedent. Carried 5-0.

Bid letting for sale of structures in Holly Springs was held at 10:30 a.m. The bids were as follows:

2680 Old Highway 141Structure 1
Heidi Bieler $4,630.00

2680 Old Highway 141Structure 2
George Cox $126.00
Kelly Bach $105.00
Fred Bouc $ 81.00
Forrest Johnston $151.76

2680 Old Highway 141Structure 4
Norma Cox $135.00

2680 Old Highway 141Structure 5
Fred Bouc $116.00

2813 320th StreetStructure 10
Greg Vondrak $4,026.00

There were no further bids.

Motion by Clausen second by Batcheller to receive the bids and allow the 404 Project Manager to review the bids and to bring to the Board recommendations to award on April 18, 2000. Carried 5-0. Copy filed.

Motion by Batcheller second by Welte to refer replat of Barcelous Addition to Zoning Commission for recommendation. Carried 5-0. Copy filed.

Motion by Clausen second by Walish to refer Niles Second Addition to Zoning Commission for recommendation. Carried 5-0. Copy filed.

Motion by Batcheller second by Walish to approve and receive for signatures Resolution No. 9280 proclaiming April as Autism Awareness Month per request from the Siouxland Autism Society. Carried 5-0.

RESOLUTION #9280

PROCLAMATION FOR
AUTISM AWARENESS MONTH

WHEREAS, Autism, Asperger's and other pervasive developmental disabilities (PDD's), are biologically based neuro-developmental diseases which cause severe impairment in cognition, language, and affective abilities.

WHEREAS, Children and adults with autism typically have difficulties in verbal and non-verbal communi-
cation, social interactions, and leisure or play activities. The disorder makes it hard for them to
communicate with others and relate to the outside world. In some cases, aggressive and/or self-
injurious behavior may be present. Persons with autism may exhibit repeated body movements
(hand flapping, rocking), unusual responses to people or attachments to objects and resistance to changes in routines. Individuals may also experience sensitivities in the five senses of sight,
hearing, touch, smell, and taste.

WHEREAS, the goal of the Siouxland Autism Society is to perform and provide services to the families of Autistic children which will increase their potential for future endeavors.

WHEREAS, Autism and PDD's are not rare; they may affect as many as one in every 500 children, and more than 500,000 Americans.

WHEREAS, the cost of caring for individuals with autism and PDD's is estimated at more than $13MM per
year for direct costs only. This statistic is intensified when you consider that most Autistic
persons are not eligible for health insurance based on the current standards of being categorized
as a mental illness and subject to exclusion by said insurance companies.

WHEREAS, the National Autism Society seeks to make the disability a matter of national discussion
to provide much needed relief for the families of persons afflicted with the disorder.

THEREFORE BE IT RESOLVED that the Woodbury County Board of Supervisors does hereby proclaim the period of
April, 2000, as
AUTISM AWARENESS MONTH

in Woodbury County, and urge that the citizens of this County to give full support to
efforts toward enabling persons with Autism, Asperger's and PDD's, to live independent,
productive lives and accomplish their goals.

SO RESOLVED this 11th day of April, 2000.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

John Rusch, Assistant County, discussed the new county ordinances with the Board.

Motion by Clausen second by Welte to authorize Chairman to sign Utility Accommodation Permit submitted by Paramount Designs, Inc. for U.S. West. Carried 5-0. Copy filed.

Motion by Welte second by Clausen to authorize Chairman to sign contract with Rohlin Construction Co. Inc., Estherville, Iowa for Projects FM-CO97(43)55-97, FM-CO97(44)55-97, & STP-S-CO97(42)5E-97 for $1,810,404.71. Carried 5-0. Copy filed.

Motion by Batcheller second by Walish to authorize Chairman to sign contract with Elkhorn Construction Co., Sergeant Bluff, Iowa for Project L-89273-97. Carried 5-0. Copy filed.

Motion by Clausen second by Batcheller to approve Resolution No. 9281 setting a public hearing to sale excess real estate property at Salix per recommendation of the county engineer. Carried 5-0.

RESOLUTION NO. 9281

NOTICE OF PROPERTY SALE

Parcel # 629730

WHEREAS Woodbury County, Iowa is the owner of Excess Real Estate described as:

Lots 2 & 3, Block 2 to the Town of Salix, Woodbury County, Iowa.

NOW THEREFORE,

BE IT RESOLVED by the Board of Supervisors of Woodbury County, Iowa as follows:

That a public hearing on the aforesaid proposal shall be held on the 2nd day of May, 2000 at 10:30 A.M. CDST in the meeting room of the Board of Supervisors on the first floor of the Woodbury County Courthouse.

That said Board proposes to sell the said parcel of real estate at a public auction to be held on the 2nd day of May, 2000, immediately following the closing of the public hearing.

That said Board proposes to sell the said real estate to the highest bidder at or above a minimum bid of $5,000. The Board reserves the right to reject any and all bids.

That each bidder must have a certified letter of credit from an Iowa bank or any bank located outside of Iowa which is chartered under the laws of the United States, or a certified letter of credit drawn on a credit union in Iowa or chartered under the laws of the United States, for the amount of one-hundred and ten percent (110%) of the total purchase price. This letter is to be presented to the Board of Supervisors representative prior to commencement of public bidding. The successful bidder shall submit a cash down payment equal to or in excess of ten percent of the total purchase price. Should the bidder receiving the award fail to execute a satisfactory contract within fourteen days after tender of the prescribed forms to the County Engineer, unless additional time is allowed by the Engineer, the cash shall be forfeited or the check shall be cashed and the full amount retained by the County as a fixed and liquidated damages.

That the sale of the said real estate, shall be subject to easements of record, zoning regulations and upon the conditions that the tract, parcel, or piece of land so sold shall not be used in any manner so as to interfere with the use of the streets and alleys by the public, or to endanger public safety in the use of the streets and alleys, or the material damage to the adjacent owner(s).

The property is to be sold by Woodbury County as is. Inspections may be arranged by appointment. Inquiries may be made of the Woodbury County Engineer, Fifth Floor, Woodbury County Courthouse, Sioux City, Iowa 51101, (712) 279-6484.

That this resolution, preceded by the caption Notice of Property Sale and except for this subparagraph 7, be published as notice of the aforesaid proposal, hearing, and sale.

Dated this 11th Day of April, 2000.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Clausen second by Walish to approve a quote from Vogel Traffic Services, Orange City, Iowa for 2000 Maintenance Paint Striping Program. Carried 5-0. Copy filed.

Motion by Batcheller second by Welte to approve the original (excluding the paving project for 155th and Buchanan Avenue) five-year (2000-2005) construction program with addition of grading for Route K-64. Carried 4-1, Clausen opposed. Copy filed.

Mr. Welte abstained from a discussion involving a bridge replacement and excused himself at 11:08 a.m.

The Board discussed the status of bridge replacement over West Fork of Sioux River in Section 21 of Willow Township.

The Board discussed a letter from the State Auditors Office and the consensus was to send a letter declining their services.

Rick Schnieder, Conservation Director, informed the Board about the impact that the countywide burning ban will have on county parks.

Motion by Batcheller second by Walish to authorize the Chairman to request from the state fire marshall an exemption for county and state parks within Woodbury County. Carried 4-0.

Ron Richmond, Deputy City Assessor, reported to the Board that assessment notices are going out this week.

The Board adjourned the regular meeting until April 18, 2000.