Minutes - 2/24/2004

FEBRUARY 24, 2004 THIRTY-FOURTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, February 24, 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.

Motion by Boykin second by Batcheller to go into Executive Session #1 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 #1. Carried 5-0 on a roll call vote.

Meeting called to order.

Motion by Batcheller second by Clausen to amend the agenda to include an item dealing with the County zoning ordinance. Carried 5-0.

Motion by Walish second by Clausen to approve the Board minutes of February 17, 2004 as submitted. Carried 5-0.

Motion by Batcheller second by Clausen to approve the minutes of the Executive Session of January 27, 2004 as submitted. Carried 5-0.

Motion by Boykin second by Clausen to approve the minutes of the Executive Session of February 3, 2004 as submitted. Carried 5-0.

J.D. Pellersels, Human Resource Director, discussed liability property insurance with the Board.

Motion by Batcheller second by Boykin to approve to proceed with implementation of process for County risk management insurance per human resource directors recommendations. Carried 5-0. Copy filed.

Motion by Clausen second by Boykin to approve and authorize the Chairman to sign Resolution No. 9738 approving a tax suspension for T.L.P. and L.M.P. Carried 5-0.

WOODBURY COUNTY, IOWA

RESOLUTION # 9738

RESOLUTION APPROVING PETITION FOR SUSPENSION OF TAXES

WHEREAS, Timothy Leroy and Linda Marie Peterson, as titleholders of real estate located at 1511 Virginia, Sioux City, Woodbury County, Iowa, and legally described as follows:

Parcel #176280

South 35 Feet Lot Four (4) Block Four (4) Galbraiths 2nd Addition

WHEREAS, Timothy Leroy and Linda Marie Peterson as titleholders 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 24th day of February, 2004.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Boykin second by Clausen to approve and authorize the Chairman to sign Resolution No. 9739 approving a tax suspension for B.J.S. Carried 5-0.

WOODBURY COUNTY, IOWA

RESOLUTION #9739

RESOLUTION APPROVING PETITION FOR SUSPENSION
OF TAXES

WHEREAS, Barbara Jean Shults, as titleholder of property located 2605 Morgan Street, Woodbury County, Iowa, and legally described as follows:

Parcel #137370

East half (E ) North-South Alley Adjacent and Lot Fifty-three (53) Dupont Park 1st Addition, City of Sioux City, Woodbury County, Iowa

WHEREAS, Barbara Jean Shults 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 24th day of February, 2004.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Zoning Administrator John Pylelo and the Board discussed waiving conditional use permit application fees submitted by property owners in the R-1 (Rural Residential District).

Motion by Clausen second by Boykin to approve waiving the $250.00 conditional use permit application fee for Forrest and Penny Tucker, 512 Romans Road, for Parcel #881205. Carried 5-0. Copy filed.

Motion by Walish second by Clausen to approve and receive for signatures Resolution No. 9740 for the Woodbury County Zoning Ordinance. Carried 5-0.

WOODBURY COUNTY, IOWA

RESOLUTION # 9740

WHEREAS, on August 12, 2003, the Woodbury County Board of Supervisors acted to adopt a new Comprehensive Development Plan and Zoning and Subdivision Regulations; and,

WHEREAS, this morning, the Board of Supervisors was advised by legal counsel that certain technical notice requirements contained in the Iowa Code were not met prior to the August 12, 2003 action; and,

WHEREAS, for that reason, legal counsel has advised that the Boards action to adopt a new plan and new regulations taken on August 12, 2003 was void, and that, therefore, the countys previous zoning and subdivision ordinances for the unincorporated area of Woodbury County in effect immediately prior to the August 12, 2003 Board action are still in effect,

NOW, THEREFORE, BE IT RESOLVED, that the Board declares that its action taken on August 12, 2003 to adopt a new Comprehensive Development Plan and Zoning and Subdivision Regulations is void, and that the countys previous zoning and subdivision ordinances for the unincorporated area of Woodbury County in effect immediately prior to the August 12, 2003 Board action are still in effect.

SO RESOLVED this 24th day of February, 2004.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Zoning Commission cancelled the update presentation of Task Force meeting of February 16, 2004.

The Board discussed with Sheriff Dave Amick application for funding for Bullet Proof Vests (BPV) Program.

Motion by Boykin second by Clausen to authorize and approve to submit application for funding for Bullet Proof Vests Program. Carried 5-0. Copy filed.

Gary Brown, Director of Disaster and Emergency Services, discussed with the Board the consideration of Emergency Medical Service Loan Agreement.

Motion by Boykin second by Batcheller to authorize the Chairman to sign Emergency Medical Service Loan Agreement in the sum of $10,000.00 for Oto Ambulance Service Department to purchase a 2003 Ford, Type III Ambulance. Carried 5-0. Copy filed.

County Engineer Richard J. Storm gave a presentation of proposed fiscal year 2004-2005 and future capital improvement projects for development of the Five-Year Construction Program.

Gary Strawn, 4601 Derocher Path, Sioux City discussed the plan with 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.

Motion by Clausen second by Boykin to go into the Executive Session #2 per Iowa Code Section 20.17(3). Carried 5-0 on a roll call vote.

Motion by Boykin second by Clausen to go out of Executive Session #2. Carried 5-0 on a roll call vote.

Motion by Batcheller second by Boykin to go into Executive Session #3 per Iowa Code Section 21.5(1) (j). Carried 5-0 on a roll call vote.

Motion by Clausen second by Boykin to go out of Executive Session #3. Carried 5-0 on a roll call vote.

Motion by Boykin second by Walish to approve the recommendations made in closed session. Carried 5-0.

The Board adjourned the regular meeting until March 2, 2004.