Minutes - 5/1/2001

MAY 1, 2001FORTY-SECOND MEETING OF THE BOARD OF SUPERVISORS
The Board of Supervisors met on Tuesday, May 1, 2001 at 9:00 A.M. Board members present were Boykin, Clausen, Batcheller, Walish and Welte. Staff members present were Karen James, Board Administrative Coordinator, Diane Swoboda Peterson, Deputy Recorder, and John Rusch, Board Legal Counsel.

Motion by Batcheller second by Walish to go into Executive Session per Iowa Code Section 20.17(3). Carried 5-0 on roll call vote.

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

The Claims were approved as presented. Copy filed.

Meeting called to order.

Motion by Walish second by Clausen to approve the Board minutes of April 24, 2001 as submitted. Carried 5-0.

The Board approved the separation of Marvin E. Flewelling, Temporary Equipment Operator, Secondary Roads, effective 4-20-01. End of Temporary Work. Copy filed.

The Board approved the appointment of Jonathan M. Callender, Custodial Assistant, Building Services, @$6.50/hr., effective 5-02-01. Newly created position. Copy filed.

Motion by Batcheller second by Walish the authorize the Chairman to sign Preferred Provider Organization Agreement with Midlands Choice. Carried 5-0. Copy filed.

The Board discussed employment law training with Human Resource Director, J.D. Pellersels.

Motion by Batcheller second by Clausen to approve employment law training for Woodbury County elected officials/department heads and supervisory staff. Carried 5-0. Copy filed.

Motion by Welte second by Batcheller to approve and authorize the Chairman to sign Resolution No. 9488 setting public hearing and sale of excess real estate property in Woodbury County. Carried 5-0.

RESOLUTION NO. 9488

NOTICE OF PROPERTY SALE

Parcel # 626460

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

1. Lot 10, Block 6 to the Town of Pierson, 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 29th day of May, 2001 at 10:45 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 29th day of May, 2001, 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 minimum bid of $1,000. The Board reserves the right to reject any and all bids.

4. 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.

5. That sealed bids shall also be accepted. Bids shall be submitted in single copy and shall be accompanied with the letter of credit along with a certified check or a cashiers check drawn on an Iowa bank or any bank located outside Iowa which is chartered under the laws of the United States or a certified union share draft drawn on a credit union in Iowa or chartered under the laws of the United States, as a down payment which shall be equal to or in excess of ten percent of the total purchase price. Bids, with the certified cashiers or union share draft along with the certified letter of credit, must be securely sealed in suitable envelopes, addressed and marked ON THE OUTSIDE with the name of the bidder, the address and legal description of the property. All sealed bids must be received in the Woodbury County Auditors Office, Room 105, First Floor, Woodbury County Courthouse, Sioux City, Iowa 51101 prior to 10:00 A.M., CDST, May 29, 2001. Sealed bids will be opened and read prior to commencement of the public auction.

6. 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).

7. 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.

8. That this resolution, preceded by the caption Notice of Property Sale and except for this subparagraph 8, be published as notice of the aforesaid proposal, hearing, and sale.

Dated this 1st Day of May, 2001.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Walish second by Clausen to authorize the Chairman to sign Hungry Canyons Alliance Project Agreement, Project No. 00-6. Carried 5-0. Copy filed.

Motion by Batcheller second by Clausen to receive the quote prices for 2001 Maintenance Paint Striping Program and to accept the quote of Vogel Traffic Services, Orange City, IA, subject to review and recommendation of the County Engineer. Carried 5-0. Copy filed.

Motion by Clausen second by Batcheller to receive the quotes for attachments to track backhoe and accept the quote of Road Machinery & Supplies Co., Sioux City, for a total cost of $10,300.00 per recommendation of the County Engineer. Carried 5-0. Copy filed.

The Board discussed public comments that were received regarding proposed improvements to various roads with the County Engineer, Richard Storm.

The Board reviewed the request for budget transfers with Vicki Ritz, Deputy Commissioner of Elections.

Motion by Batcheller second by Welte to transfer $9,200.00 appropriated funds in the Election Budget from the General Election Fund, Temporary Employees 002-8003-480-1015 to Administration Fund, Temporary Employees 002-8002-480-4820. Carried 5-0. Copy filed.

The Board discussed lease of land to Frances Kirsch for the purpose of farming.

Frances Kirsch addressed the Board.

Motion by Batcheller second by Clausen to approve lease of land to Frances Kirsch to follow the program as written. Carried 5-0. Copy filed.

Motion by Batcheller second by Walish to authorize the Chairman to sign Final Plats for Wood-River Subdivision per recommendation of the Zoning Commission. Carried 5-0.

BOARD OF SUPERVISORS RESOLUTION
RESOLUTION NO. 9489

RESOLUTION ACCEPTING AND APPROVING THE FINAL PLAT OF WOOD-RIVER DEVELOPMENT, WOODBURY COUNTY, IOWA.

WHEREAS, THE OWNERS AND PROPRIETORS DID ON THE 23RD DAY OF APRIL, 2001, FILE WITH THE WOODBURY COUNTY ZONING COMMISSION, A CERTAIN PLAT DESIGNATED AS FINAL PLAT OF WOOD-RIVER DEVELOPMENT, WOODBURY COUNTY, IOWA; AND

WHEREAS, IT APPEARS THAT SAID PLAT CONFORMS WITH ALL OF THE PROVISIONS OF THE CODE OF THE STATE OF IOWA AND ORDINANCES OF WOODBURY COUNTY, IOWA, WITH REFERENCE TO THE FILING OF SAME; AND

WHEREAS, THE ZONING COMMISSION OF WOODBURY COUNTY, IOWA HAS RECOMMENDED THE ACCEPTANCE AND APPROVAL OF SAID PLAT; AND

WHEREAS, THE COUNTY ENGINEER OF WOODBURY COUNTY, IOWA HAS RECOMMENDED THE ACCEPTANCE AND APPROVAL OF SAID PLAT.

NOW THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE WOODBURY COUNTY BOARD OF SUPERVISORS, WOODBURY COUNTY, STATE OF IOWA, THAT THE FINAL PLAT OF WOOD-RIVER DEVELOPMENT, WOODBURY COUNTY, IOWA, BE, AND THE SAME IS HEREBY ACCEPTED AND APPROVED, AND THE CHAIRMAN AND SECRETARY OF THE WOODBURY COUNTY BOARD OF SUPERVISORS, WOODBURY COUNTY, STATE OF IOWA, ARE HEREBY DIRECTED TO FURNISH TO THE OWNERS AND PROPRIETORS A CERTIFIED COPY OF THIS RESOLUTION AS REQUIRED BY LAW.

PASSED AND APPROVED THIS 1ST DAY OF MAY, 2001.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Welte second by Clausen to authorize the Chairman to sign Final Plats for Joyces Subdivision per recommendation of the Zoning Commission. Carried 5-0.

BOARD OF SUPERVISORS RESOLUTION
RESOLUTION NO. 9490

RESOLUTION ACCEPTING AND APPROVING JOYCES ADDITION TO WOODBURY COUNTY, IOWA.

WHEREAS, THE OWNERS AND PROPRIETORS DID ON THE 23RD DAY OF APRIL, 2001, FILE WITH THE WOODBURY COUNTY ZONING COMMISSION A CERTAIN PLAT DESIGNATED AS JOYCES ADDITION TO WOODBURY COUNTY, IOWA; AND

WHEREAS, IT APPEARS THAT SAID PLAT CONFORMS WITH ALL OF THE PROVISIONS OF THE CODE OF THE STATE OF IOWA AND ORDINANCES OF WOODBURY COUNTY, IOWA, WITH REFERENCE TO THE FILING OF SAME; AND

WHEREAS, THE ZONING COMMISSION OF WOODBURY COUNTY, IOWA HAS RECOMMENDED THE ACCEPTANCE AND APPROVAL OF SAID PLAT; AND

WHEREAS, THE COUNTY ENGINEER OF WOODBURY COUNTY, IOWA HAS RECOMMENDED THE ACCEPTANCE AND APPROVAL OF SAID PLAT.

NOW THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE WOODBURY COUNTY BOARD OF SUPERVISORS, WOODBURY COUNTY, STATE OF IOWA, THAT THE PLAT OF JOYCES ADDITION TO WOODBURY COUNTY, IOWA BE, AND THE SAME IS HEREBY ACCEPTED AND APPROVED, AND THE CHAIRMAN AND SECRETARY OF THE WOODBURY COUNTY BOARD OF SUPERVISORS, WOODBURY COUNTY, STATE OF IOWA, ARE HEREBY DIRECTED TO FURNISH TO THE OWNERS AND PROPRIETORS A CERTIFIED COPY OF THIS RESOLUTION AS REQUIRED BY LAW.

PASSED AND APPROVED THIS 1ST DAY OF MAY, 2001.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Batcheller second by Clausen to approve and authorize the Chairman Resolution No. 9491 to set the public hearing and sale of Real Estate Parcel #036750 on May 15, 2001, at 10:15 A.M. Carried 5-0.

RESOLUTION #9491
NOTICE OF PROPERTY SALE

Parcels #036750

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

SOUTH HALF (S ) LOT TWO (2) BLOCK 121 NORTH EIGHTEEN (N 18) FEET LOT THREE (3) BLOCK 121 SIOUX CITY EAST ADDITION

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 15TH Day of May, at 10:15 o'clock 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 15th Day of May, 2001, 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 $ 239.00 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 1st Day of May, 2001.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Welte second by Clausen to set a public hearing for Budget Amendment #2 for May 22, 2001, at 10:30 A.M. Carried 5-0. Copy filed.

Motion by Clausen second by Walish to authorize the Chairman to sign Interim Assistance Reimbursement Agreement. Carried 5-0. Copy filed.

The Board discussed a request from the Sheriff to contract with Huskey & Associates for a re-appraisal of jail bed space projections.

Motion by Batcheller second by Walish to authorize the Sheriff to contract with Huskey & Associates for a re-appraisal of jail bed space projections. Carried 5-0. Copy filed.

The Board discussed present and future uses of the public area of the courthouse lower level with Building Superintendent, Mark Elgert.

Patty Erickson-Puttmann addressed the Board and stated the Board will have to move to the lower level during renovation of Board offices. She reminded the Board of the difficulty in removing carpet off the floors.

Craig Jorgensen, Clerk of District Court, would like to use the lower level for jurors in the future. He would like moveable partitions, not permanent, that are flexible.

Motion by Welte second by Batcheller to remove everything wall to wall from the public area of the lower level of the courthouse now and use $5,000 of the infrastructure fund to cover the cost. Carried 5-0.

John Calhoun, S.H.I.P. Director, and Melissa Peterson, Executive Assistant, presented an overview of Siouxland Human Investment Partnership to the Board.

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

Dr. Maxwell, Moville, IA, spoke for the K-64 Group regarding proposed road improvements which are scheduled for 2004-2005.

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

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

Motion by Clausen second by Batcheller to hire Bob Temple as official County investigator for accidents.

Motion by Batcheller second by Welte to adjourn the regular meeting until May 8, 2001. Carried 5-0.