Minutes - 12/23/2002

DECEMBER 23, 2002TWENTY-SIXTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Monday, December 23, 2002 at 9:00 A.M. Board members present were Batcheller, Boykin, Clausen, Walish and Welte. Staff members present were Karen James, Board Administrative Coordinator, Patrick F. Gill, Auditor/Clerk to the Board, and John Sullivan, Board Legal Counsel.

The Claims were approved as presented. Copy filed.

Meeting called to order.

Motion by Batcheller second by Welte to approve the Board minutes of December 17, 2002 as submitted. Carried 5-0.

The Board approved the reclassification of James D. McCrystal, Sr. Deputy Sheriff, County Sheriff Dept., @$20.53/hour, effective 12-16-02. Per DSA Contract agreement, from Class 1 to Sr. Class due to 6 years employment + AA Degree. Copy filed.

The Board approved the separation of Dianne R. Wallwey-Ellis, Assistant County Attorney, County Attorney Dept., effective 12-27-02. Resignation. Copy filed.

Motion by Welte second by Boykin to approve and authorize the Chairman to sign the authorization to initiate hiring process for (1) Assistant County Attorney, County Attorney Dept., Entry Level: AFSCME Asst. Attorney: $39,100 - $45,312/year. Carried 5-0. Copy filed.

Motion by Batcheller second by Welte to approve of lifting tax suspension for F.N. Carried 5-0. Copy filed.

Motion by Boykin second by Walish to approve of lifting tax suspension for M.S. Carried 5-0. Copy filed.

Motion by Boykin second by Welte to approve and receive for signatures Resolution No. 9610 designating a snowmobile route. Carried 5-0.

WOODBURY COUNTY, IOWA

RESOLUTION # 9610

RESOLUTION DESIGNATING SNOWMOBILE TRAILS

WHEREAS, POWDER PLAYERS, INC. SNOWMOBILE CLUB, has requested that the WOODBURY COUNTY BOARD OF SUPERVISORS, designate the following portions of Woodbury County roadway to be used as snowmobile trails; L-14 from the Plymouth County Line to D-12 and D-12 from Highway 140 East to the West city limits of Pierson, Iowa, AND;

WHEREAS, Chapter 321G of the Code of Iowa allows the WOODBURY COUNTY BOARD OF SUPERVISORS to designate portions of roadway for snowmobile trail use for a specified period of time, AND;

WHEREAS, in accordance with Chapter 321G.9 of the Code of Iowa, the WOODBURY COUNTY BOARD OF SUPERVISORS has evaluated the traffic patterns of the roadways requested to be designated as snowmobile trails and has determined that a designated snowmobile trail on portions of said roadways will not unduly interfere with traffic or constitute a traffic hazard, AND;

WHEREAS, Section 321G.28 of the Code of Iowa does not require approval from the Iowa Department of Transportation for merely designating a portion of a county roadway as a snowmobile trail, AND;

WHEREAS, the WOODBURY COUNTY BOARD OF SUPERVISORS has agreed to designate the requested portions of Woodbury County roadways as snowmobile trails, AND;

WHEREAS, the POWDER PLAYERS INC. SNOWMOBILE CLUB agrees to sponsor said snowmobile trails, AND;

WHEREAS, the POWDER PLAYERS INC. SNOWMOBILE CLUB agrees to provide all designations and signs to be erected along said trails for the use of the club members, AND;

WHEREAS, the POWDER PLAYERS INC. SNOWMOBILE CLUB agrees to place and maintain any signs necessary to warn traffic of the operation of snowmobiles along said trails and roadways, AND;

WHEREAS, POWDER PLAYERS INC. SNOWMOBILE CLUB agrees that all members and any guest or associates using said designated trail shall comply with the provisions of Chapter 321G of the Code of Iowa and further agree that any violations of said Code Chapter shall be considered grounds for terminating the designation of said snowmobile trail, AND;

WHEREAS, POWDER PLAYERS INC. SNOWMOBILE CLUB agrees to hold and save WOODBURY COUNTY harmless from any and all liability resulting from injuries, loss or damages, including damages to equipment, of any kind to club members, guests or other persons using said snowmobile trail, or those whose injuries or damages are a result of the use of said trails by members, guests, or other persons using said snowmobile trail, AND;

WHEREAS, POWDER PLAYERS INC. SNOWMOBILE CLUB shall submit proof of insurance coverage, covering all persons participating in any club activities on or along the designated snowmobile trails to the Woodbury County Auditor within fifteen days of the passage of this resolution and agrees that failure to do so shall constitute grounds for the Board of Supervisors revoking this resolution.

WHEREAS, WOODBURY COUNTY does not warrant the condition of the county road right-of-way which will be designated as a snowmobile trail to be fit for any particular purpose nor, does it warrant against any hazards that may exist as a result of snow plowing or other necessary road work on the public road along side said trail.

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

1. The following roadway is hereby designated as a snowmobile trail for the
POWDER PLAYERS INC. SNOWMOBILE CLUB and may be used for
snowmobile operation from December 1, 2002 through March 31, 2003:

a. L-14 from Plymouth County Line to D-12, and
b. D-12 from Highway 140 East to the West City limits of
Pierson, Iowa.

SO RESOLVED this 23rd day of December, 2002.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Welte second by Boykin to receive and approve plans for project BROS-CO97(57)8J-97. Carried 5-0. Copy filed.

Motion by Walish second by Batcheller to approve and receive for signatures Resolution No. 9611 approving assessment of costs for Auditors Plat. Carried 5-0.

WOODBURY COUNTY, IOWA

RESOLUTION # 9611

A RESOLUTION APPROVING

ASSESSMENT OF COSTS FOR AUDITORS PLAT

WHEREAS, a survey was performed and an Auditors plat filed with the Woodbury County Recorders office on December 22, 1999, to wit:

Replat of Outlot 5 of Auditors Plat of Hornick, W 1/2-SE 1/4, Sec. 28 & E 1/2-SE 1/4, Sec. 29. T86N, R45 W of the 5th PM

WHEREAS, said survey and Auditors Plat was filed pursuant to Iowa Code 354.13; and

WHEREAS, Iowa Code 354.17 provides that the total costs to survey, plat, and record the Auditors Plat should be assessed to each parcel based upon the time involved in establishing the boundaries of each parcel; and

WHEREAS, the Auditor has certified to the treasurer an assessment for the platting costs for parcel number 610216, also known as Lot 5, Replat of Outlot 5 of Auditors Plat of Hornick, W 1/2-SE 1/4, Sec. 28 & E 1/2-SE 1/4, Sec. 29. T86N, R45 W of the 5th PM, in the amount of $722.85; and

WHEREAS, the Auditor has certified to the treasurer an assessment for the platting costs for parcel number 610246, also known as Lot 7, Replat of Outlot 5 of Auditors Plat of Hornick, W 1/2-SE 1/4, Sec. 28 & E 1/2-SE 1/4, Sec. 29. T86N, R45 W of the 5th PM, in the amount of $505.99; and

NOW, THEREFORE, BE IT RESOLVED, that the costs for parcel number 610216, also known as Lot 5, Replat of Outlot 5 of Auditors Plat of Hornick, W 1/2-SE 1/4, Sec. 28 & E 1/2-SE 1/4, Sec. 29. T86N, R45 W of the 5th PM, in the amount of $722.85, shall be an assessment on the property and shall be collected in ten equal annual installments, beginning in tax year 2003, with interest accruing on unpaid installments, commencing on December 1, 2002 at a rate of 8% per annum; and

BE IT FURTHER RESOLVED, that the costs for parcel number 610246, also known as Lot 7, Replat of Outlot 5 of Auditors Plat of Hornick, W 1/2-SE 1/4, Sec. 28 & E 1/2-SE 1/4, Sec. 29. T86N, R45 W of the 5th PM, in the amount of $505.99, shall be an assessment on the property and shall be collected in ten equal annual installments, beginning in tax year 2003, with interest accruing on unpaid installments, commencing on December 1, 2002 at a rate of 8% per annum.

SO RESOLVED this 23rd day of December, 2002.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Public Hearing on Budget Amendment #1 was held at 10:15 A.M. The Chairman called on anyone wishing to be heard on said Budget Amendment #1.

Motion by Boykin second by Walish to close the public hearing as there was no one wishing to be heard. Carried 5-0.

Motion by Walish second by Boykin to approve and authorize the Chairman to sign Budget Amendment #1 for Fiscal Year ending 2002. Carried 5-0. Copy filed.

State Senator elect Steve Warnstadt addressed the Board about the upcoming legislative session.

The Board reviewed the following budget items.

County Auditor:

The Board reviewed the Recorder Administration & Services Program budget, the Auditor Administration Program, the Election Administration Program, the General Primary Election Program budget, the School Elections Program budget, the Special Elections Program budget, the City General Election budget, the City Primary Election budget and the Record Management Program budget.

Emergency Programs:

The Board reviewed the Emergency Tax Allotment budget, the Animal Control budget, the EMS Loan Program budget, the EMS Training Fund Program budget and the Fund 760 Supplement Program budget.

Human Resources Department:

The board reviewed the Human Resources Department budget.

Mr. Batcheller excused himself at 11: 28 a.m.

Conservation Department:

The Board reviewed the Conservation Administration budget, the Parks & Conservation Areas budget, the Little Sioux Park budget, the Conservation Naturalist Program budget, the Bigelow Park budget, the Nature Center budget, the Environmental Protection (Supplement) budget, the Resource Enhancement (REAP) budget, the Conservation Acquisitions budget, the Nature Center Gift Shop budget and the Nature Center Project budget.

Siouxland District Health Department:

The Board reviewed the budgets under the control of Siouxland District Health.

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

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

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

The Board adjourned the regular meeting until January 7, 2003.