Minutes - 7/29/2003

JULY 29, 2003 - FIFTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, July 29, 2003 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 Boykin second by Welte to approve the Board minutes of July 22, 2003 as submitted. Carried 5-0.

Motion by Clausen second by Batcheller to approve the minutes of the Executive Session of July 22, 2003 as submitted. Carried 5-0.

The Board approved the reclassification of Michele M. Lauters, Assistant County Attorney, County Attorney Dept., @$50,120/year, effective 8-04-03. Per AFSCME Asst. Attorney Contract, from Step 5 to Step 6. Copy filed.

The Board approved the reclassification of Loan T. Huynh, Assistant County Attorney, County Attorney Dept., @$45,912/year, effective 8-07-03. Per AFSCME Asst. Attorney Contract, from Step 3 to Step 4. Copy filed.

Motion by Batcheller second by Welte to receive the recommendation of Richard Storm, County Engineer, and accept the bid of $157,997.00 submitted by Murphy Tractor for John Deere 770CH for District #3, and accept the bid of $169,750.00 submitted by Ziegler, Inc. for Cat. 140H Caterpillar for District 5. Carried 5-0. Copy filed.

Motion by Welte second by Boykin to authorize the Chairman to sign a Utility Accommodation Permit submitted by Frontier Communications, Ft. Dodge, IA, per recommendation of the county engineer. Carried 5-0. Copy filed.

Motion by Boykin second by Batcheller to authorize the Chairman to sign a Utility Accommodation Permit submitted by Long Lines, Sergeant Bluff, IA, per recommendation of the county engineer. Carried 5-0. Copy filed.

Motion by Clausen second by Boykin to authorize the Chairman to sign Adopt-A-Highway application submitted by Grant Go-Getters 4-H Club, per recommendation of the county engineer. Carried 5-0. Copy filed.

Motion by Batcheller second by Boykin to approve and receive for signatures a resolution establishing traffic control on County Route D-25 and K-45, per recommendation of the county engineer. Carried 5-0.

RESOLUTION NO. 9677

WHEREAS, the County Board of Supervisors is empowered under authority of Section 321.236 of the Code of Iowa to designate any highway under their jurisdiction as a through highway and requiring that all vehicles stop before entering or crossing the same or designating any intersection as a stop intersection and requiring all vehicles to stop at one or more entrances to such intersections, and

WHEREAS, the County Board of Supervisors is empowered under authority of Section 321.255 of the Code of Iowa to place and maintain traffic control devices upon highways under their jurisdiction as they may deem necessary to regulate traffic, and

WHEREAS, Woodbury County has received by transfer of jurisdiction a section of road formerly known as Iowa 982 and now designated as Woodbury County Route D-25 and a section of road formerly known as Iowa 970 and now designated as Woodbury County Route K-45 and,

WHEREAS, the County Board of Supervisors of Woodbury County has determined that the existing stop signs on these routes shall be maintained.

NOW THEREFORE BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF WOODBURY COUNTY that this resolution be effective at 12:00 Noon CDST on the 30th Day of July 2003, and that this resolution be on file in the Office of the County Auditor.

The Board of Supervisors of Woodbury County, in lawful session this 29th day of July, 2003 hereby approves this resolution.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Welte second by Boykin to approve and receive for signatures a resolution modifying Woodbury County Farm-to-Market System. Carried 5-0.

FARM-TO-MARKET REVIEW BOARD APPLICATION RESOLUTION NO. 9678

WHEREAS, a county may apply for modifications to its farm-to-market system to add or subtract mileage from its system, to accept or delete highways gained or lost through jurisdictional transfers, or to change the classification of roads within its system, and

WHEREAS, the Board of Supervisors of Woodbury County has consulted with its County Engineer and desires to modify its farm-to-market road system to provide continuity of intracounty and intercounty routes, to meet the needs of existing or potential traffic, to better meet land use needs, or to provide a more suitable location for a farm-to-market route, and

WHEREAS, application for modifications to any countys farm-to-market system must be made to the Farm-To-Market Review Board per the requirements of Iowa Code Section 306.6,

NOW THEREFORE BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF WOODBURY COUNTY that this county is formally requesting that the Farm-To-Market Review Board approve the following modification to its farm-to-market system:

ADD Woodbury County Route D-25 (formerly Iowa 982) from ECL Sioux City southerly and easterly to the WCL of Smithland and then proceeding to the junction of Iowa 141 a total of 27.85 miles. See attached map.

The Board of Supervisors of Woodbury County, in lawful session this 29th day of July, 2003 hereby adopts this farm-to-market modification resolution.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Action to approve and receive for signatures a resolution setting date for Public Hearing for vacating road right-of-way was deferred at the request of the county engineer.

Motion by Batcheller second by Clausen to receive County Recorders Report of Fees Collected for the period of 4/1/03 through 6/30/03. Carried 5-0. Copy filed.

John Sullivan, Assistant County Attorney, discussed the development of a county solid waste ordinance with the Board.

The Public Hearing and sale of Real Estate Parcel # 261076 (1921 W. 2nd St.) was held at 10:15 a.m. The Chairman called on anyone wishing to be heard on said sale.

Motion by Clausen second by Boykin to close the Public Hearing on the sale of Real Estate Parcel # 261076 as there was no one present wishing to be heard on said sale. Carried 5-0.

Chairman called for bids on Real Estate Parcel # 261076. Sandra Robley bid $600.00 plus recording fees. Jerry Blackburn bid $707.00 plus recording fees, Sandra Robley bid $725.00 plus recording fees, Jerry Blackburn bid $800.00 plus recording fees, Sandra Robley bid $825.00 plus recording fees, Jerry Blackburn bid $900.00 plus recording fees, Sandra Robley bid $925.00 plus recording fees, Jerry Blackburn bid $1,000.00 plus recording fees, Sandra Robley bid $1,025.00 plus recording fees. There were no further bids.

Motion by Batcheller second by Welte to accept Sandra Robleys bid for $1,025.00 plus recording fees on Real Estate Parcel # 261076. Carried 5-0.

RESOLUTION OF THE BOARD OF SUPERVISORS
OF WOODBURY COUNTY, IOWA:
RESOLUTION # 9679

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

By Sandra K. Robley in the sum of One-Thousand and Twenty-Five Dollars & No/100

($1,025.00) for the following described real estate, To Wit:

Parcel #261076

Hornicks Addition, City of Sioux City, Woodbury County
Lots 9 (nine) and 10 (ten) Block 17 (Seventeen)
(1921 W 2nd St, Sioux City IA 51103)

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 Quit Claim Deed for the said premises to the said purchaser.
SO DATED this 29TH day of July, 2003.
Woodbury County Board of Supervisors

Copy filed.

The Public Hearing and sale of Real Estate Parcel # 281645 (2040 Hwy 75N) was held at 10:16 a.m. The Chairman called on anyone wishing to be heard on said sale.

Motion by Clausen second by Boykin to close the Public Hearing on the sale of Real Estate Parcel # 281645 as there was no one present wishing to be heard on said sale. Carried 5-0.

Chairman called for bids on Real Estate Parcel # 281645. Jerry Blackburn bid $170.00 plus recording fees. There were no further bids.

Motion by Clausen second by Boykin to accept Jerry Blackburns bid for $170.00 plus recording fees on Real Estate Parcel # 281645. Carried 5-0.

RESOLUTION OF THE BOARD OF SUPERVISORS
OF WOODBURY COUNTY, IOWA:
RESOLUTION # 9680

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

By J. J. Hodges in the sum of One-Hundred and Seventy Dollars & No/100 ($170.00)

for the following described real estate, To Wit:

Parcel #281645

Kendon Addition, City of Sioux City, Woodbury County
VACATED ALLEY ABUTTING LOTS 3 (THREE) TO 8 ( EIGHT) VACATED ALLEY ABUTTING LOTS 9 (NINE) AND 10 (TEN) EXCEPT SOUTHWESTERLY 12 (TWELVE) FEET OF VACATED ALLEY ABUTTING LOT 10 (TEN)
(2040 Hwy 75 North, Sioux City IA 51105)

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 Quit Claim Deed for the said premises to the said purchaser.
SO DATED this 29TH day of July, 2003.
Woodbury County Board of Supervisors

Copy filed.

The Public Hearing and sale of Real Estate Parcel # 058710 (1108 15th St.) was held at 10:17 a.m. The Chairman called on anyone wishing to be heard on said sale.

Motion by Boykin second by Clausen to close the Public Hearing on the sale of Real Estate Parcel # 058710 as there was no one present wishing to be heard on said sale. Carried 5-0.

Chairman called for bids on Real Estate Parcel # 058710. Ron Sextro bid $1,500.00 plus recording fees. There were no further bids.

Motion by Batcheller second by Clausen to accept Ron Sextros bid for $1,500.00 plus recording fees on Real Estate Parcel # 058710. Carried 5-0.

RESOLUTION OF THE BOARD OF SUPERVISORS
OF WOODBURY COUNTY, IOWA:
RESOLUTION # 9681

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

By Ronnie D. Sextro in the sum of One-Thousand, Five-Hundred and Ninety-Three & No/100

($1,593.00) for the following described real estate, To Wit:

Parcel #058710

NORTH SIOUX CITY ADDITION, SIOUX CITY, WOODBURY COUNTY, IOWA
EX S (SOUTH) 2 (TWO) FEET W (WEST) LOT 1 (ONE) BLOCK 38 (THIRTY-EIGHT)
(1108 W 15TH STREET, SIOUX CITY, IA 51103)

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 Quit Claim Deed for the said premises to the said purchaser.
SO DATED this 29TH day of July, 2003.
Woodbury County Board of Supervisors

Copy filed.

The Public Hearing and sale of Real Estate Parcel # 568114 (5501 Gordon Drive) was held at 10:20 a.m. The Chairman called on anyone wishing to be heard on said sale.

Motion by Boykin second by Welte to close the Public Hearing on the sale of Real Estate Parcel # 568114 as there was no one present wishing to be heard on said sale. Carried 5-0.

Chairman called for bids on Real Estate Parcel # 568114. Jerry Blackburn bid $352.00 plus recording fees, John Gerwulf bid $400.00 plus recording fees on behalf of Sunrise Manor, Dave Peterson bid $600.00 plus recording fees. Bidding continued until the last bid was made by John Gerwulf of $3,100.00 plus recording fees on behalf of Sunrise Manor. There were no further bids.

Motion by Clausen second by Welte to accept John Gerwulfs bid for $3,100.00 plus recording fees on Real Estate Parcel # 568114. Carried 5-0.

RESOLUTION OF THE BOARD OF SUPERVISORS
OF WOODBURY COUNTY, IOWA:
RESOLUTION # 9682

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

By Sunrise Manor Inc. in the sum of Three-Thousand, One Hundred Dollars & No/100

$3,100.00) for the following described real estate, To Wit:

Parcel #568114

LL-SC Comm Addition, City of Sioux City, Woodbury County
AN IRREG TCT BEG AT NE CORNER SE SE THEC S 468.78 FT THEC W 72 FT TO PT OF BEG: THEC CONT W 30 FT THEC NWLY 73.72 FT THEC NELY 162.46 FTTHEC N 100 FT THEC E 35.71 FT THEC S 329.45 FT TO FT OF BEG SE SE 36-89-47)
(5501 Gordon Drive, Sioux City IA 51106)

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 Quit Claim Deed for the said premises to the said purchaser.
SO DATED this 29TH day of July, 2003.
Woodbury County Board of Supervisors

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.

Kent Pulfer of MPM Farms discussed with the Board a possible expansion into Woodbury County by their company.

Motion by Clausen second by Boykin to go into Executive Session per Iowa Code Section 21.5(1)(c). 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.

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

The Board adjourned the regular meeting until August 5, 2003.