Minutes - 3/9/2004

MARCH 9, 2004 THIRTY-SIXTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, March 9, 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 Batcheller second by Clausen to go into Executive Session #1 per Iowa Code Section 20.17(3). Carried 5-0 on a roll call vote.

Motion by Clausen second by Walish to go out of Executive Session #1. Carried 5-0 on a roll call vote.

Meeting called to order.

Motion by Batcheller second by Boykin to approve the Board minutes of March 2, 2004 as submitted. Carried 5-0.

Motion by Walish second by Batcheller to approve the minutes of the Executive Session of March 2, 2004 as submitted. Carried 5-0.

Motion by Walish second by Clausen to approve and authorize the Chairman to sign Request to De-authorize County Positions: County Sheriff Dept., Deputy Sheriff Poet Grant (2 positions) no longer funded, effective 7-01-04. Carried 5-0. Copy filed.

Action to approve and authorize the Chairman to sign Authorization to Initiate Hiring Process for In-House Posting/Equipment Operator, current wage; Temporary Summer Laborer (6), entry level: $7.50-$8.50/hour based on previous experience; and Temporary Summer Engineering Aide (2), entry level: $7.50-$11.00/hour based on education & experience, for the Secondary Roads Dept.
was postponed until the hiring freeze is lifted.

The Board discussed the Woodbury County Compensation Board recommendation.

Motion by Boykin second by Walish to approve the Compensation Board recommendation.

Jim Jung, 2222 Jackson St., Sioux City, and Janeese Martin of the Tax Research Conference spoke against the recommendation.

Carried 3-2, Batcheller and Clausen opposed. Copy filed.

Supervisors Boykin and Welte stated that their raises will be donated to the Courthouse Foundation and Supervisor Batcheller noted that he has always donated a percentage of his wages to the Courthouse Foundation.

The Public Hearing of FY05 Woodbury County Budget was held at 10:15 a.m. The Chairman called on anyone wishing to be heard on said County budget.

Janeese Martin, Tax Research Conference, discussed strategic planning and insurance costs with the Board.

Motion by Boykin second by Batcheller to close the Public Hearing on FY05 County Budget. Carried 5-0.

Motion by Boykin second by Walish to approve FY05 Woodbury County Budget. Carried 4-1, Batcheller opposed. Copy filed.

Motion by Boykin second by Clausen to approve and authorize the Chairman to sign Resolution No. 9743 approving a tax suspension for K.L.R. Carried 5-0.

WOODBURY COUNTY, IOWA

RESOLUTION # 9743

RESOLUTION APPROVING PETITION FOR SUSPENSIONOF TAXES

WHEREAS, Karen L. Riedmann, as titleholder of property located at 1518 Virginia Street, Sioux City, Woodbury County, Iowa, and legally described as follows:

Parcel #176085

West 100 Feet Lot Ten (10) & East 50 Feet Lot Ten (10) Block Three (3), Galbraiths 2nd Addition, City of Sioux City, Woodbury County, Iowa

WHEREAS, Karen L. Riedmann 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 9th day of March, 2004.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Batcheller second by Walish to approve and authorize the Chairman to sign Resolution No. 9744 approving a tax suspension for V.D.O. Carried 5-0.

WOODBURY COUNTY, IOWA

RESOLUTION # 9744

RESOLUTION APPROVING PETITION FOR SUSPENSION OF TAXES

WHEREAS, Velma Doris Oertel, as titleholder of real estate located at 208 Main Street, Anthon, Woodbury County, Iowa, and legally described as follows:

Parcel #588090

Moores Addition Lot Three (3) Block Two (2), City of Anthon, Woodbury County, Iowa

WHEREAS, Velma Doris Oertel 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 9th day of March, 2004.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Mr. Batcheller excused himself at 10:40 AM.

Motion by Clausen second by Boykin to receive Quarterly Report of Woodbury County Commission of Veteran Affairs for the second quarter ending December 31, 2003. Carried 4-0. Copy filed.

Motion by Clausen second by Boykin to authorize Chairman to sign letter of support for the Rural Woodbury County Historical Society to apply for Missouri River Historical Development grant to repair and preserve the Summit No. 2 rural schoolhouse located in Little Sioux Park. Carried 4-0. Copy filed.

Patty Erickson-Puttmann from Social Services discussed with the Board the Woodbury County case management audit review by Iowa Department of Human Services.

Motion by Boykin second by Clausen to approve Woodbury County Case Management Corrective Action Plan. Carried 4-0. Copy filed.

Motion by Clausen second by Boykin to receive recommendation of Richard J. Storm, County Engineer, and accept the bid of Vern Anderson, Anthon, for New Holland TM175 diesel tractor in the amount of $72,150.00. Carried 4-0. Copy filed.

Motion by Walish second by Clausen to authorize the Chairman to sign contract (G-2004) for 2004 maintenance gravel, per recommendation of the county engineer. Carried 4-0. Copy filed.

Motion by Boykin second by Clausen to approve and authorize the Chairman to sign Resolution No. 9745 approving proposal for federal-aid funding of County Route K-35 improvements. Carried 4-0.

RESOLUTION NO._9745

A RESOLUTION APPROVING THE
COUNTY ROUTE K35 IMPROVEMENTS PROPOSAL FOR
TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY (TEA-21) FUNDING

WHEREAS, the Congress of the United States House of Representatives Committee on Transportation and Infrastructure, Subcommittee on Highways and Transit, has requested proposals for projects eligible under the reauthorization of the Transportation Equity Act for the 21st Century (TEA-21); and,

WHEREAS, said proposal is consistent with the purpose of TEA-21 is stated in the following policy statement, To build a strong America: improving safety, protecting public health and the environment, and creating opportunity for all Americans; and,

WHEREAS, Woodbury County is a member of the Siouxland Regional Transportation Planning Association (SRTPA) and said proposal is consistent with the SRTPA Long-Range Transportation Plan (LRTP) and will be programmed in the SRTPA Transportation Improvement Program (TIP) FY 2005-2007.

NOW, THEREFORE, BE IT RESOLVED by Woodbury County that application be made to the Subcommittee on Highways and Transit for funding for the County Route K35 Improvements.

BE IT FURTHER RESOLVED that said County Route K35 is a roadway dedicated to public use and that the County will retain jurisdiction over said improvements and provide adequate maintenance for same.

BE IT FURTHER RESOLVED that Woodbury County agrees to pay 20% of the cost of the improvements as a match for the project which has a total project cost of $1,248,000.

BE IT FURTHER RESOLVED that the Chairperson be and hereby is authorized to execute said proposal.

PASSED AND APPROVED this 9th day of March, 2004.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

The Board discussed proposed amendments to General Relief Manual with John Sullivan, Board Legal Counsel.

Motion by Clausen second by Walish to approve proposed amendments to the Woodbury County General Relief Manual. Carried 4-0. Copy filed.

Motion by Boykin second by Walish to approve and authorize the Chairman to sign Resolution No. 9746 approving partial abatement of taxes on Parcel #107865. Carried 4-0.

WOODBURY COUNTY, IOWA
RESOLUTION # 9746

RESOLUTION APPROVING ABATEMENT OF TAXES

WHEREAS, the State of Iowa, Iowa Department of Human Services is the lien holder of real estate Parcel #107865 located in Woodbury County, Iowa and legally described as follows:

Parcel #107865

Tract in Southeast Corner 99.8 feet on South by 94.25 feet on East by 65.95 feet on North by 91 feet on West Outlot A Block Eleven (11) Coe 2nd Addition, City of Sioux City, Woodbury County, Iowa

WHEREAS, the above-stated property has an unpaid balance of taxes, interest and costs totaling $25,517.00, and the parcel has a lien by the State of Iowa, Iowa Department of Human Services in excess of $100,000, and

WHEREAS, this property is being sold and resulting in enough proceeds to cover the delinquent taxes amounting to $15,822.00. Therefore, the request is to abate (cancel) the remaining balance of $9,695.00 for interests and costs

WHEREAS, the Board of Supervisors sees that good cause exists for the abatement (cancellation) of the portion of the interest and costs unpaid and to purge the County Treasurer's records of this interest and costs; and

NOW, THEREFORE, BE IT RESOLVED, that the Woodbury County Board of Supervisors hereby abates (cancels) the unpaid portion of the interest and costs accumulated on the above parcel and hereby directs the Woodbury County Treasurer to delete the unpaid portion of the interest and costs from the tax records.

SO RESOLVED this 9th day of March, 2004.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

The Board discussed the collection of delinquent fines and obligations.

Motion by Boykin second by Clausen to approve and receive for signatures Resolution No. 9747 designating the Woodbury County Sheriff and the Sheriffs Department for collection of delinquent fines and other delinquent obligations. Carried 4-0.

WOODBURY COUNTY, IOWA

RESOLUTION # 9747

WHEREAS, the Woodbury County Attorney has notified the Board of Supervisors that he wishes to designate the Woodbury County Sheriff and the Sheriffs Department as the collection agency for all delinquent amounts owed the State of Iowa, Woodbury County, victims, the Sheriffs Department and other law enforcement agencies by virtue of criminal prosecutions, convictions and sentencings; and,

WHEREAS, pursuant to Iowa Code section 331.756(5) such designation requires the approval of the Board of Supervisors,

NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of Woodbury County, Iowa, that the designation of the Woodbury County Sheriff and the Sheriffs Department as the collection agency for delinquent amounts due as set out in Iowa Code sections 331.756(5) and 602.8107 is hereby approved.

SO RESOLVED this 9th day of March, 2004.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Clausen second by Boykin to receive preliminary plats for Beem Subdivision for Parcel # 750645 and refer to the Zoning Commission for review and recommendation. Carried 4-0. Copy filed.

The Board discussed with John Pylelo, Zoning Administrator, recommendations from R-1 Task Force.

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

Miriam Clayton, 315 George St., asked the Board to aggressively pursue the sale of County owned parcels.

Steve Corey, 1757-290th St., Salix, John Herbst of Sioux Dairy Equipment, and Richard Patterson, 2708 Benton Ave., Salix, discussed with the Board a proposed dairy farm at 270th and Dallas Street.

Motion by Boykin second by Clausen to receive a petition opposing the proposed dairy farm. Carried 4-0. Petition filed.

Motion by Walish second by Boykin to go into Executive Session #2 per Iowa Code Section 21.5(1)(j). Carried 4-0 on a roll call vote.

Motion by Boykin second by Walish to go out of Executive Session #2. Carried 4-0 on a roll call vote.

Motion by Boykin second by Walish to proceed with a purchase of a site to locate a tower. Carried 4-0.

Motion by Walish second by Boykin to approve a purchase agreement to purchase a tower site subject to the review of the County Attorney. Carried 4-0.

The Board adjourned the regular meeting until March 16, 2004.