Minutes - 2/4/2003

FEBRUARY 4, 2003THIRTY-FIRST MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, February 4, 2003 at 9:00 A.M. Board members present were Boykin, Clausen, Batcheller, 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 Clausen second by Boykin to approve the Board minutes of January 28, 2003 as submitted. Carried 4-0, Batcheller abstained.

Motion by Welte second by Batcheller to approve and authorize the Chairman to sign a resolution approving petition for suspension of taxes on real estate Parcel #373425. Carried 5-0.

WOODBURY COUNTY, IOWA

RESOLUTION # 9617

RESOLUTION APPROVING PETITION FOR SUSPENSION
OF TAXES

WHEREAS, Elaine J. Menefee, as titleholders of real estate located at 2525 S. Martha Street., Sioux City, Woodbury County, Iowa, and legally described as follows:

Parcel #373425

Lot Seven (7) Block One (1) Oak Park Addition, Sioux City, Iowa, Woodbury County, Iowa

WHEREAS, Elaine J. Menefee as titleholders of the aforementioned property has petitioned the Board of Supervisors for a suspension of taxes pursuant to the 1997 Iowa Code section 427.9, 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 grants the request for a suspension of taxes, and hereby directs the Woodbury County Treasurer to so record the approval of this tax suspension for this property.

SO RESOLVED this 4th day of February, 2003.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Batcheller second by Welte to approve the appointment of Anita Small, 4605 46th St., Sioux City, IA to the Commission to Assess Damages, Category C Licensed Real Estate Salesman or Real Estate Broker. Carried 5-0. Copy filed.

Motion by Welte second by Boykin to approve and authorize the Chairman to sign a resolution approving abatement of taxes for Western Iowa Tech Community College on real estate Parcel #882420. Carried 5-0.

WOODBURY COUNTY, IOWA

RESOLUTION # 9618

RESOLUTION APPROVING ABATEMENT OF TAXES

WHEREAS, the Western Iowa Tech Community College. is the titleholder of real estate Parcel #882420 located in Woodbury County, Iowa and legally described as follows:

Parcel #882420

N 696.7 FT NE SE 34-89-46, CONCORD TOWNSHIP, WOODBURY COUNTY, IOWA

WHEREAS, the above-stated property has taxes owing for the 2002/2003 tax year and the parcel is owned by Western Iowa Tech Community College and

WHEREAS, the organization, namely the Western Iowa Tech Community College is failing to immediately pay the taxes due; and

WHEREAS, the Board of Supervisors sees that good cause exists for the abatement of these taxes and any future taxes that may be levied against this parcel; and

NOW, THEREFORE, BE IT RESOLVED, that the Woodbury County Board of Supervisors hereby abates the taxes owing on the above parcel according to Code of Iowa, 445.63, and hereby directs the Woodbury County Treasurer to abate these aforementioned taxes from the tax records.

SO RESOLVED this 4th day of February, 2003.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Batcheller second by Clausen to receive Sheriffs Civil Division 2nd Quarter and Year to Date Report. Carried 5-0. Copy filed.

Motion by Clausen second by Boykin to authorize the Chairman to sign final payment voucher for Project FM-CO97(56)55-97, per recommendation of the county engineer. Carried 5-0. Copy filed.

County Engineer Dick Storm discussed with the Board bridge restrictions on Route L-36 north of Correctionville.

The Board received an update on Woodbury County Law Enforcement Center Programming Progress Report from RML Architects, LLC.

Motion by Clausen second by Boykin to acknowledge the appointment of Norman D. Lang, 419 7th Ave., S.E., LeMars, IA for the office of Board Member, Director District I, Western Iowa Tech Community College, to fill a vacancy until the next regular election. This appointment is to fill the office previously held by John Ribando. Carried 5-0. Copy filed.

Motion by Welte second by Batcheller to acknowledge the appointment of Jerry B. Wooldridge, 6969 Morningside Ave., Sioux City, IA for the office of Woodbury Township Trustee to fill a vacancy until the next regular election. This appointment is to fill the office previously held by Terree Ritz. Carried 5-0. Copy filed.

Motion by Boykin second by Batcheller to authorize the Chairman to sign Class C Beer Permit Renewal and Sunday Sales Privilege for HCI Heritage Express - Winnevegas, 1501 330th Street, Sloan, IA. Carried 5-0. Copy filed.

Chris Huisman with Department of Human Services presented an overview of county phone system.

Motion by Boykin second by Batcheller to direct that a budget amendment be published to allow the Department of Human Services to pay for phone system improvements. Carried 5-0. Copy filed.

Motion by Clausen second by Boykin to approve and authorize the Chairman to sign Construction Evaluation Resolution relating to the construction of a confinement feeding operation structure. Carried 5-0.

RESOLUTION # 9619

CONSTRUCTION EVALUATION RESOLUTION

WHEREAS, Iowa Code Section 455B.200E, passed by the Iowa Legislature in 2002, sets out the procedure if a board of supervisors wishes to adopt a construction evaluation resolution relating to the construction of a confinement feeding operation structure; and

WHEREAS, only counties that have adopted a construction evaluation resolution can submit to the Department of Natural Resources (DNR) an adopted recommendation to approve or disapprove a construction permit application regarding a proposed confinement feeding operation structure; and

WHEREAS, only counties that have adopted a construction evaluation resolution and submitted an adopted recommendation may contest the DNRs decision regarding a specific application; and

WHEREAS, by adopting a construction evaluation resolution the board of supervisors agrees to evaluate every construction permit application for a proposed confinement feeding operation structure received by the board of supervisors between March 1, 2003 and January 31, 2004 and submit an adopted recommendation regarding that application to the DNR; and

WHEREAS, the board of supervisors must conduct an evaluation of every construction permit application using the master matrix as provided in section 455B.200E, but the boards recommendation to the DNR may be based on the final score on the master matrix or may be based on reasons other than the final score on the master matrix;

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF WOODBURY COUNTY that the Board of Supervisors hereby adopts this construction evaluation resolution pursuant to Iowa Code Section 455B.200E.

SO RESOLVED this 4th day of February, 2003

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Mark Olsen, Woodbury County Juvenile Detention Center Director, discussed with the Board Juvenile Detention food contract cost comparisons.

Motion by Batcheller second by Boykin to accept the proposal of CBM to supply the food for Juvenile Detention. Carried 5-0. Copy filed.

There was a discussion of manpower reduction of Intake Workers.

Motion by Boykin second by Batcheller to approve the request of Juvenile Detention to increase a revenue item and to restore line item reductions to the Juvenile Intake budget. Carried 5-0. Copy filed.

There was a discussion of Cops in School funding.

The Board had a general discussion of FY 04 budget.

Motion by Boykin second by Clausen to increase the Treasurers revenue in the amount of $10,000 in motor vehicle fees. Carried 5-0. Copy filed.

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 Batcheller to go into Executive Session per Iowa Code Section 21.5(1)(c). Carried 5-0 on a roll call vote.

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

Motion by Clausen second by Boykin to approve the recommendation of the attorney in the Executive Session. Carried 5-0.

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

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

Motion by Clausen second by Batcheller to approve the recommendation of the attorney in the Executive Session. Carried 5-0.

The Board adjourned the regular meeting until February 11, 2003.