Minutes - 3/30/2004

MARCH 30, 2004 THIRTY-NINTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, March 30, 2004 at 9:00 AM. Board members present were Batcheller, Boykin, Walish and Welte; Clausen was absent. 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 Walish to go into Executive Session #1 per Iowa Code Section 20.17(3). Carried 4-0 on a roll call vote.

Motion by Boykin second by Walish to go out of Executive Session #1. Carried 4-0 on a roll call vote.

Meeting called to order.

Motion by Batcheller second by Walish to approve the Board meeting minutes of March 23, 2004 as submitted. Carried 2-0, Boykin and Welte abstained.

Motion by Walish second by Batcheller to approve the minutes of the Executive Session of March 23, 2004 as submitted. Carried 2-0, Boykin and Welte abstained.

Motion by Walish second by Batcheller to amend the agenda by eliminating discussion of the D.S.A. early retirement proposal and expenditure reductions involving the Sheriffs Department. Carried 4-0.

The Board approved the separation of Mary L. Baker, Legal Secretary III, County Attorney Dept., effective 3-22-04. Copy filed.

J.D. Pellersels, Human Resource Director, discussed County HIPAA health insurance privacy act (HIPAA) notice with the Board.

Motion by Boykin second by Walish to approve the Woodbury County HIPAA health insurance privacy act notice. Carried 4-0. Copy filed.

The Board discussed County insurance designation of duplicative companies to selected agents.

Grandy Pratt was drawn for general liability.
Mills, Shellhammer and Puetz for boiler liability.
Grandy Pratt was drawn for auto liability.

Motion by Boykin second by Batcheller to approve procedure for Countys operational insurances for the selection of agents of duplicative submissions of identified carriers for bidding process. Carried 4-0. Copy filed.

Motion by Walish second by Boykin to adjourn the regular meeting to convene a meeting of Inter-County Drainage Districts under the Woodbury County Board of Supervisors as Trustees. Carried 4-0.

Chairman called the meeting to order for the McCandless Inter-County Drainage District.

Motion by Batcheller second by Walish to approve and authorize the Chairman to sign a resolution adopting and levying special assessment in McCandless Inter-County Drainage District of Monona and Woodbury Counties. Carried 4-0.

Resolution No. 9749

RESOLUTION ADOPTING AND LEVYING SPECIAL ASSESSMENT
IN THE MCCANDLESS INTER-COUNTY DRAINAGE DISTRICT

WHEREAS, the Board of Trustees of the McCandless Inter-County Drainage District, in session on the 18th day of February, 2004, requested that the Board of Supervisors levy a special assessment of eighty percent (80%) of the Original Assessment on all tracts of land, lots, public roads, and railroads in the McCandless Inter-County Drainage District to procure funds from which to pay the costs and expenses of repair and maintenance incurred.

NOW, THEREFORE, BE IT RESOLVED by the Joint Board of Supervisors of Monona and Woodbury Counties, Iowa, acting as a Drainage Board for the McCandless Inter-County Drainage District, that there be and is hereby levied upon all tracts of land, lots, public roads, and railroads in the McCandless Inter-County Drainage District of Monona and Woodbury Counties, Iowa, a special assessment in the amount of eighty percent (80%) of the Original Assessment, and the Auditors of Monona and Woodbury Counties, Iowa, be directed and ordered to spread such levy upon said lands, to be collected under 468.55 in semi-annual installments in the same manner as general property taxes are collected pursuant to 445.36 in the year 2004-2005.

PASSED and APPROVED this 30th day of March, 2004, Board of Supervisors, Woodbury County, Iowa.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

The Chairman adjourned the McCandless Inter-County Drainage District meeting.

Chairman called the meeting to order for the Little Sioux Inter-County Drainage District of Monona, Woodbury and Harrison Counties.

Motion by Boykin second by Batcheller to approve and authorize the Chairman to sign a resolution adopting and levying special assessment in Little Sioux Inter-County Drainage District of Monona, Woodbury and Harrison Counties. Carried 4-0.

Resolution No. 9750

RESOLUTION ADOPTING AND LEVYING SPECIAL ASSESSMENT
IN THE LITTLE SIOUX INTER-COUNTY DRAINAGE DISTRICT

WHEREAS, the Board of Trustees of the Little Sioux Inter-County Drainage District, in session on the 4th day of March, 2004, requested that the Board of Supervisors levy a special assessment of Forty-two (42%) Percent of the Original Assessment on all tracts of land, lots, public roads, and railroads in the Little Sioux Inter-County Drainage District to procure funds from which to pay the costs and expenses of repair and maintenance incurred.

NOW, THEREFORE, BE IT RESOLVED by the Joint Board of Supervisors of Monona, Woodbury and Harrison Counties, Iowa, acting as a Drainage Board for the Little Sioux Inter-County Drainage District, that there be and is hereby levied upon all tracts of land, lots, public roads, and railroads in the Little Sioux Inter-County Drainage District of Monona, Woodbury and Harrison Counties, Iowa, a special assessment in the amount of Forty-two (42%) Percent of the Original Assessment, and the Auditors of Monona, Woodbury and Harrison Counties, Iowa, be directed and ordered to spread such levy upon said lands, to be collected under 468.55 in semi-annual installments in the same manner as general property taxes are collected pursuant to 445.36 in the year 2004-2005.

PASSED and APPROVED this 30th day of March, 2004, Board of Supervisors, Woodbury County, Iowa.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

The Chairman adjourned the Little Sioux Inter-County Drainage District.

Chairman called the meeting to order for the Sandhill-Lakeport Inter-County Drainage District.

Motion by Boykin second by Batcheller to approve and authorize the Chairman to sign a resolution adopting and levying special assessment in the Sandhill-Lakeport Inter-County Drainage District of Monona and Woodbury Counties. Carried 4-0.

Resolution No. 9751

RESOLUTION ADOPTING AND LEVYING SPECIAL ASSESSMENT
IN THE SANDHILL-LAKEPORT DRAINAGE DISTRICT

WHEREAS, the Board of Trustees of the Sandhill-Lakeport Inter-County Drainage District, in session on the 8th day of March, 2004, requested that the Board of Supervisors levy a special assessment of Twenty-One (21%) Percent of the Original Assessment on all tracts of land, lots, public roads, and railroads in the Sandhill-Lakeport Inter-County Drainage District to procure funds from which to pay the costs and expenses of repair and maintenance incurred.

NOW, THEREFORE, BE IT RESOLVED by the Joint Board of Supervisors of Monona and Woodbury Counties, Iowa, acting as a Drainage Board for the Sandhill-Lakeport Inter-County Drainage District, that there be and is hereby levied upon all tracts of land, lots, public roads, and railroads in the Sandhill-Lakeport Inter-County Drainage District of Monona and Woodbury Counties, Iowa, a special assessment in the amount of Twenty-One (21%) Percent of the Original Assessment, and the Auditors of Monona and Woodbury Counties, Iowa, be directed and ordered to spread such levy upon said lands, to be collected under 468.55 in semi-annual installments in the same manner as general property taxes are collected pursuant to 445.36 in the year 2004-2005.

PASSED and APPROVED this 30th day of March, 2004, Board of Supervisors, Woodbury County, Iowa.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Boykin second by Walish to adjourn the Drainage Ditch Trustees meeting. Carried 4-0.

The Board of Supervisors meeting was called back to order.

Bid letting was held at 10:20 a.m. for Project L-PR02-0173-97 for P.C.C. full depth paving.

Bids were as follows:

Name Amount

Cedar Valley Corp., Waterloo, IA $163,668.25
Gill Construction, Jackson, NE $149,233.21
Irving F. Jensen Company, Sioux City, IA $134,525.95
Steve Harris Construction, Inc., Homer, NE $151,768.72

There were no further bids.

Motion by Walish second by Batcheller to award the contract to Irving F. Jensen Company for Project L-PR02-0173-97 and subject to the review of the county engineer. Carried 4-0. Copy filed.

The Board observed CD bids on County Treasurers new web bid-site.

Motion by Walish second by Boykin to approve lifting tax suspension for J.F.N. Carried 4-0. Copy filed.

The Board discussed with Dennis Butler the consideration to amend Listing Agreement with Century 21.

Motion by Walish second by Batcheller to approve to amend Listing Agreement with Century 21 to include listing for sale Parcel No. 17745 (Lot 4, Block 7, Sioux City East Addition) with the Siouxland District Health Building. Carried 4-0. Copy filed.

Motion by Walish second by Batcheller to approve and authorize the Chairman to sign an application for a Class C Liquor License Renewal, Outdoor Service and Sunday Sales Privileges for Hoo Haa, Inc. doing business as Twenty Seven Flags Golf Course, 2299 Alicia Ave., Sergeant Bluff. Carried 4-0. Copy filed.

Motion by Batcheller second by Walish to approve and authorize the Chairman to sign an application for Class A Beer Permit, Outdoor Service and Sunday Sales Privileges for Anthon Golf Club, Inc., 2236 Hwy 31, Anthon. Carried 4-0. Copy filed.

Marigail Mullin and George Estle from Crittenton Center gave a presentation of the future of the Crittenton Center Youth Shelter.

Motion by Boykin second by Batcheller to authorize the Chairman to sign application for Edward Byrne Memorial State and Local Law Enforcement Assistance Program Funding FFY 2004. Carried 4-0. Copy filed.

The Board made a presentation to Mervin Zellmer of the resolution thanking and commending him for 40 years of voluntary service to Woodbury County.

Motion by Batcheller second by Boykin to approve acceptance of resignation of Ms. Chris Zellmer-Zant from Zoning Task Force. Carried 4-0. Copy filed.

Motion by Boykin second by Walish to approve the appointment of Alan Vandehaar to the Zoning Task Force as her replacement. Carried 4-0. Copy filed.

John Pylelo, Zoning Administrator, discussed with the Board the Glen Ellen Sub Watershed Project and 28E Agreement with Iowa Department of Transportation to provide specified relocation services for families required to move as a condition of the project.

Motion by Boykin second by Walish to authorize the Chairman to sign 28E Agreement with the Iowa Department of Transportation Office of Right of Way Intergovernmental Agreement for Right of Way Activities pertaining to Glen Ellen Sub-Watershed Project. Carried 4-0. Copy filed.

Motion by Batcheller second by Boykin to approve and receive for signatures a resolution granting signature authority to John Pylelo as Zoning Administrator the County for Glen Ellen Sub Watershed Project. Carried 4-0.

WOODBURY COUNTY, IOWA

RESOLUTION # 9752

WHEREAS, Woodbury County will be purchasing, selling or removing structures and returning the respective properties to preconstruction condition on five parcels of real property, located at 1982, 1900 and 1994 Elk Creek Road, Sergeant Bluff, Woodbury County, Iowa for the purpose of improving the Glen Ellen Watershed; and,

WHEREAS, it would be beneficial to provide the Woodbury County Zoning Administrator the authority to execute any and all documents related to the purchase, sale of structures and returning the parcels to preconstruction condition of the above-mentioned properties on behalf of Woodbury County,

NOW, THEREFORE, IT IS HEREBY RESOLVED by the Board of Supervisors of Woodbury County, Iowa, that John Pylelo, Zoning Administrator for Woodbury County, Iowa, is hereby granted the limited authority on behalf of Woodbury County, Iowa, to execute any and all documents related to the purchase of the real property, selling or removing structures and returning the respective properties to preconstruction condition located at 1982, 1900 and 1994 Elk Creek Road, Sergeant Bluff, Woodbury County, Iowa.
SO RESOLVED this 30th day of March, 2004.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

County Engineer Richard Storm discussed with the Board SF 451 transfer of jurisdictions for towns less than 500 population.

County Engineer Richard Storm discussed with the Board the Five-Year Construction Program regarding proposed future improvements on Route D-50 and improvements within areas identified by Sioux City as potential future annexations.

John Torbert of Iowa Drainage District Association gave a presentation of Annual Report to the Board of Supervisors.

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

Grady Marx updated the Board on the Zoning Task Force actions.

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

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

Motion by Boykin second by Batcheller to approve the request of Deputy Tom Ladwig and to direct Human Resources to develop a policy as a result of the request. Carried 4-0.

The Board adjourned the regular meeting until April 6, 2004.