Minutes - 1/27/2004

JANUARY 27, 2004 THIRTIETH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, January 27, 2004 at 9:00 AM. 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 Walish second by Batcheller to amend the Board Agenda to include an item pertaining to a master matrix resolution that has to be passed by January 31, 2004. Carried 5-0.

Motion by Batcheller second by Walish to approve the Board minutes of January 20, 2004 as submitted. Carried 5-0.

The Boards discussion of the Woodbury County health insurance premium with Cathy Mengel of First Administrators, Inc. was postponed due to her absence.

Motion by Clausen second by Boykin to approve and authorize the Chairman to sign Resolution No. 9732 approving tax suspension for D. E. L. Carried 5-0.

WOODBURY COUNTY, IOWA

RESOLUTION # 9732

RESOLUTION APPROVING PETITION FOR SUSPENSION OF TAXES

WHEREAS, Dorothy E. Lane, as titleholder of real estate located at 4513 Military Road, Sioux City, Woodbury County, Iowa, and legally described as follows:

Parcel #569790

East 100 Feet West 233.3 Feet X 178.2 Feet On West & 241.42 Feet On East & Lying North of Military Road SW SW 13-89-48

WHEREAS, Dorothy E. Lane as titleholder of the aforementioned real estate 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 27th day of January, 2004.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

A contest for the official county newspapers was held.

Motion by Batcheller second by Walish to appoint Sioux City Journal, Sergeant Bluff Advocate and Moville Record as the official County newspapers for legal publications. Carried 5-0. Copy filed.

Motion by Clausen second by Boykin to approve the appointment of Katie Collings to the Compensation Commission. Carried 5-0. Copy filed.

Motion by Clausen second by Boykin to approve and authorize the Chairman to sign a resolution adopting construction evaluation resolution relating to construction of a proposed confinement feeding operation structure for recommendations to the DNR using master matrix. Carried 5-0.

RESOLUTION #9733

CONSTRUCTION EVALUATION RESOLUTION

WHEREAS, Iowa Code Section 459.304(3) (2003), 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 and 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 February 1, 2004 and January 31, 2005 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 created in Iowa Code section 459.305, 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 459.304(3)

SO RESOLVED this 27th day of January, 2004.

Woodbury County Board of Supervisors

Copy filed.

Motion by Batcheller second by Clausen to receive Woodbury County Recorders Report of Fees Collected for the period 10-1-03 through 12-31-03. Carried 5-0. Copy filed.

Motion by Walish second by Clausen to approve and receive for signatures Resolution No. 9734 naming depositories for Woodbury County funds deposited by the Woodbury County Treasurer. Carried 5-0.

RESOLUTION NAMING DEPOSITORIES #9734

BE IT RESOLVED by the Woodbury County Board of Supervisors in Woodbury County, Iowa: That we do hereby designate the following named banks to be depositories of the Woodbury County funds in amounts not to exceed the amount named opposite each of said designated depositories and Robert Knowler, Woodbury County Treasurer is hereby authorized to deposit the Woodbury County funds in amounts not to exceed in the aggregate the amounts named for said banks as follows, to wit:
MAXIMUM DEPOSIT MAXIMUM DEPOSIT
In the effect
Prior under the
NAME OF DEPOSITORY LOCATION resolution resolution

U.S. Bank Sioux City, Iowa $50,000,000 $50,000,000

Security National Bank Sioux City, Iowa 50,000,000 50,000,000

Wells Fargo Bank Sioux City, Iowa 50,000,000 50,000,000

Morningside Bank & Trust Sioux City, Iowa 50,000,000 50,000,000

First National Bank Sioux City, Iowa 50,000,000 50,000,000

First Federal Savings & Bank Sioux City, Iowa 1,000,000 5,000,000

Pioneer Bank Sergeant Bluff, Iowa 5,000,000 5,000,000

Sloan State Bank Sloan, Iowa 1,000,000 1,000,000

Western Bank & Trust Pierson, Iowa 1,000,000 1,000,000

Valley Bank & Trust Danbury, Iowa 1,000,000 1,500,000

Iowa/Nebraska State Bank Hornick, Iowa 1,000,000 5,000,000

Union National Bank Correctionville, Iowa 1,000,000 5,000,000

First Trust & Savings Bank Moville, Iowa 1,000,000 1,000,000

American National Bank Moville, Iowa 1,000,000 5,000,000

Heritage Bank Anthon, Iowa 3,000,000 3,000,000

First State Bank Smithland, Iowa 500,000 500,000

Heritage Bank Cushing, Iowa 500,000 500,000

Liberty Bank Sioux City, Iowa 500,000 5,000,000

First American Bank Sioux City, Iowa 5,000,000 10,000,000

Central Bank 10,000,000

SO RESOLVED this 27th day of January, 2004

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Batcheller second by Walish to approve and authorize the Chairman to sign Health Resources and Services Administration (HRSA) Health Care Facilities Grant for renovation of Siouxland District Health. Carried 5-0. Copy filed.

The Board discussed the 2004 District Technician Report from Lewis Byers, District Inspector, Woodbury County Soil and Water Conservation, and the considered continued funding of the 28E Agreement for watershed inspection position.

Motion by Boykin second by Batcheller to receive the 2004 District Technician Report. Carried 5-0. Copy filed.

Motion by Boykin second by Walish to approve to continue funding of the 28E Agreement for watershed inspection position, with a contribution of $20,000.00 from the County. Carried 5-0. Copy filed.

The Board discussed Rural Residential Task Force recommendation from Larry Tobin, Chairman, and task force members. Other task force members addressed the Board.

Motion by Boykin second by Walish to refer the recommendation of the Task Force to the Planning and Zoning Commission and request a response within twenty days. Carried 5-0. Copy filed.

John Pylelo from Planning and Zoning discussed with the Board the consideration of waiving conditional use permit application fees.

Motion by Walish second by Batcheller to waive $250.00 conditional use permit application fees for John and Christine Walker, John and Judith Nelson, and Edith Christophersen Estate, property owners in the R-1 (Rural Residential District). 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.

Rich Krueger addressed the Board about a parcel of property owned by the County.

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

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

Motion by Clausen second by Batcheller to deny the request made in the preceding Executive Session. Carried 5-0.

Dennis Butler, Budget/Tax Analyst, and the Board discussed the following:

Emergency Services Expense Discussion:

Motion by Batcheller second by Clausen to accept the Emergency Services budget with the reduction of $10,836.00. Carried 3-2, Boykin and Walish opposed.

Board of Supervisors Expense Discussion:

Motion by Walish second by Boykin to accept the Board of Supervisors expense budget with the reduction of $18,289.00. Carried 4-1, Clausen opposed.

General Discussion of FY 2005 Budget:

Motion by Batcheller second by Boykin to accept the Juvenile Detention budget with the proposed reduction of $41,323.00. Carried 5-0.

Motion by Batcheller second by Walish to accept the Communications Center budget with the proposed reduction of $14,301.00. Carried 5-0.

Discussion of Mileage Reimbursement for Serving Papers by the Sheriff:

Mileage reimbursement for serving papers by the Sheriff in the amount of $55,000.00 to be set aside for possible further use.

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

The Board adjourned the regular meeting until February 3, 2004.