Minutes - 5/4/2004

MAY 4, 2004 - FORTY-FOURTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, May 4, 2004 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 Walish second by Clausen to amend the minutes of the Special Meeting of April 29, 2004 as submitted to reflect that Schoon Construction is from Cherokee Iowa and approve as corrected. Carried 4-0; Welte abstained.

Motion by Clausen second by Batcheller to approve the Board minutes of April 27, 2004 as submitted. Carried 4-0; Welte abstained.

The Board approved the reclassification of John W. Sanders, Jr., Correctional Officer, County Sheriff Dept., @$14.72/hour, effective 5-12-04. Per DSA Contract agreement, from Class 4 to Class 3. Copy filed.

The Board approved the reclassification of Jeana R. Knudsen, Civil Clerk, County Sheriff Dept., @$12.68/hour, effective 5-19-04. Per AFSCME Cthouse. Contract agreement, from Grade 2, Step 4 to Grade 2, Step 5. Copy filed.

The Board approved the end of probation of Thomas F. Handke, District Foreman, Secondary Roads Dept., @$18.77/hour, effective 5-19-04. End of Probation. Copy filed.

Motion by Clausen second by Batcheller to approve and authorize the Chairman to sign the Request to De-authorize County Position for Wage Plan Position: Survey Party Chief, Secondary Roads Dept., effective 6-1-04. Carried 5-0. Copy filed.

Motion by Clausen second by Boykin to approve and authorize the Chairman to sign Authorization to Initiate Hiring Process for in-house or public posting for two (2) Equipment Operators, entry level $14.85/hour, and a new Inspector Position (this position will convert to Engineering Tech I per CWA Contract, effective 7-1-04) entry level $14.60/hour. Carried 5-0. Copy filed.

Motion by Boykin second by Clausen to approve and authorize the Chairman to sign Resolution No. 9767 approving petition for suspension of taxes for D.J.H. Carried 5-0.

WOODBURY COUNTY, IOWA

RESOLUTION # 9767

RESOLUTION APPROVING PETITION FOR SUSPENSION OF TAXES

WHEREAS, Dottie Jean Hardgraves, as titleholder of real estate located at 412 Cook Street, Sioux City, Woodbury County, Iowa, and legally described as follows:

Parcel #002265

Lot Three (3) Block Ten (10) And Vacant Northeasterly -Southwesterly Alley Abutting Block Ten (10) Sioux City Addition, City of Sioux City, Woodbury County, Iowa

WHEREAS, Dottie Jean Hardgraves 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 4th day of May, 2004.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Clausen second by Boykin to set the Public Hearing and Sale of Real Estate Parcel No. 051391 to Rodney and Marian Wellman only on May 18, 2004 at 10:15 AM. Carried 5-0.

RESOLUTION # 9768

NOTICE OF PROPERTY SALE

Parcel # 051391

WHEREAS Woodbury County, Iowa is the owner under a tax deed of certain parcel of real estate described as:

Vacated West 20th Street Lying Between Lot Three (3) in Block One (1) of the North Sioux City Addition, Lot One ( 1) Block Seven (7) of the Franklins Addition and Lot One (1) in Block Eleven (11) of the Gilman Terrace Addition, North Sioux City Addition, City of Sioux City, Woodbury County, Iowa.

NOW THEREFORE, BE IT RESOLVED by the Board of Supervisors of Woodbury County, Iowa as follows:

1. That a public hearing on the aforesaid proposal shall be held on the 18th day of May, 2004, at 10:15 oclock a.m. in the meeting room of the Board of Supervisors on the first floor of the Woodbury County Courthouse.

2. The said Board proposes to sell the said parcel of real estate on the 18th day of May, 2004, immediately following the closing of the public hearing, to Rodney M. & Marilyn J. Wellman only as previously sold on May 21, 2002 for a matter of record.

3. That said Board proposes to sell the said real estate to Rodney M.
& Marilyn J. Wellman only for consideration of $558.00 plus recording fees for a matter of record.

4. That this resolution, preceded by the caption 'Notice of Property Saleand except for this subparagraph 4, be published as notice of the aforesaid proposal, hearing and sale.

Dated this 4th day of May, 2004.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Patty Erickson-Puttmann from Social Services and the Board discussed Polk/Johnson County license for Central Point of Coordination Process Software Agreement and Master Services Agreement.

Motion by Boykin second by Batcheller to approve and authorize the Chairman to sign the Polk/Johnson County License for Iowa Ch. 229 Central Point of Coordination Process Software Agreement and the Master Services Agreement between Woodbury County and Quilogy, Inc. Carried 5-0. Copy filed.

The Board discussed with Downtown Partners Sioux City installation of trash containers outside of the Courthouse.

Motion by Boykin second by Walish to approve the installation of two trash containers to service the outside of the Courthouse at a cost not to exceed $1,000.00. Carried 5-0. Copy filed.

Motion by Boykin second by Batcheller to approve the expense from Riverboat funds. Carried 5-0.

County Engineer Richard Storm discussed with the Board 28E Agreements for transfer of jurisdiction.

The Public Hearing for Project LP 03(1)73-97, paving of section of Oscar Avenue, was held at 10:20 a.m. The Chairman called on anyone wishing to be heard on said paving project.

Motion by Clausen second by Batcheller to close the Public Hearing on Project LP 03(1)73-97, paving project as there was no one present wishing to be heard on said project. Carried 5-0.

Motion by Walish second by Batcheller to approve the recommendation from the county engineer to not proceed with Project LP 03(1)73-97. Carried 5-0. Copy filed.

Motion by Boykin second by Batcheller to approve and receive for signatures Resolution No. 9769, Proclamation in Support of Mental Health Awareness Month. Carried 5-0.

WOODBURY COUNTY, IOWA

RESOLUTION NO. 9769

PROCLAMATION IN SUPPORT OF MENTAL HEALTH AWARENESS MONTH

WHEREAS, mental health is critical for the continued well-being of Woodbury County families, businesses and the community at large, and mental health disorders account for more health problems than cancer, lung and heart disease combined; and

WHEREAS, untreated and under-treated mental illness costs employers $70 billion per year, including lost work and productivity; and

WHEREAS, when mental health is covered, employers save $900 per employee in annual health costs and reduce absenteeism by nine days per employee per year.

NOW, THEREFORE, the Woodbury County Board of Supervisors, do hereby proclaim May, 2004 as

MENTAL HEALTH AWARENESS MONTH

in Woodbury County and call upon all citizens, government agencies, public and private institutions, business and schools in Woodbury County to recommit ourselves to increase awareness and understanding of mental illness and the need for appropriate and accessible services for all people with mental illness.

SO RESOLVED this 4th day of May, 2004.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Boykin second by Walish to approve and authorize the Chairman to sign final plats of Eberly 2nd Addition Subdivision (Parcels #882751 and #882752) submitted by Ken and Betty Miller. Carried 5-0.

BOARD OF SUPERVISORS RESOLUTION

RESOLUTION NO. 9770

RESOLUTION ACCEPTING AND APPROVING THE FINAL PLAT OF EBERLY 2ND ADDITON, WOODBURY COUNTY, IOWA.

WHEREAS, THE OWNERS AND PROPRIETORS DID ON THE 26TH DAY OF APRIL, 2004, FILE WITH THE WOODBURY COUNTY ZONING COMMISSION, A CERTAIN PLAT DESIGNATED AS THE FINAL PLAT OF EBERLY 2ND ADDITION, WOODBURY COUNTY, IOWA; AND

WHEREAS, IT APPEARS THAT SAID PLAT CONFORMS WITH ALL OF THE PROVISIONS OF THE CODE OF THE STATE OF IOWA AND ORDINANCES OF WOODBURY COUNTY, IOWA, WITH REFERENCE TO THE FILING OF SAME; AND

WHEREAS, THE ZONING COMMISSION OF WOODBURY COUNTY, IOWA, HAS RECOMMENDED THE ACCEPTANCE AND APPROVAL OF SAID PLAT; AND

WHEREAS, THE COUNTY ENGINEER OF WOODBURY COUNTY, IOWA HAS RECOMMENDED THE ACCEPTANCE AND APPROVAL OF SAID PLAT.

NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE WOODBURY COUNTY BOARD OF SUPERVISORS, WOODBURY COUNTY, STATE OF IOWA, THAT THE FINAL PLAT OF EBERLY 2ND ADDITION, WOODBURY COUNTY, IOWA, BE, AND THE SAME IS HEREBY ACCEPTED AND APPROVED, AND THE CHAIRMAN AND SECRETARY OF THE WOODBURY COUNTY BOARD OF SUPERVISORS, WOODBURY COUNTY, STATE OF IOWA, ARE HEREBY DIRECTED TO FURNISH TO THE OWNERS AND PROPRIETORS A CERTIFIED COPY OF THIS RESOLUTION AS REQUIRED BY LAW.

PASSED AND APPROVED THIS 4TH DAY OF MAY, 2004.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

The Board discussed recommendation from Zoning Commission regarding Zoning Task Force resolution language as presented by John Pylelo.

Motion by Clausen second by Batcheller to approve the task forces resolution for recommendation as approved by the Planning and Zoning Commission. Carried 5-0. Copy filed.

The Board discussed with Zoning Administrator John Pylelo a request of relocation expenses concerning Glen Ellen Subwatershed Project on behalf of Gene G. and Phyllis J. Cook.

Motion by Boykin second by Clausen to approve relocation expenses as outlined by Iowa Department of Transportation on behalf of Gene G. and Phyllis J. Cook for qualified relocation expenses totaling $29,982.46 under Glen Ellen Subwatershed Project. Carried 5-0. Copy filed.

Motion by Batcheller second by Walish to award the bid for Fiber Optic Project to Schoon Construction, Cherokee, Iowa for the amount of $114,962.80, per recommendations of Gary Brown of Emergency Services. Carried 5-0.

Motion by Batcheller second by Walish to authorize the Chairman to sign the contract between Schoon Construction and Woodbury County. Carried 5-0. Copy filed.

The Board discussed with Dennis Butler from County Auditors Office setting date for Budget Amendment #2 for FY 2004.

Motion by Boykin second by Batcheller to approve setting the date of June 1, 2004 at 10:15 a.m. for Budget Amendment #2 Hearing for FY 2004. Carried 5-0.

The Board discussed budget reductions for County Attorney and County Treasurer.

Dennis Butler informed the Board that the County Attorney would present reductions next week.

Motion by Batcheller second by Walish to approve budget reductions for personnel costs in the County Treasurers office. Carried 3-2; Boykin and Clausen opposed. Copy filed.

There was a discussion of capital loan note for various County projects.

Motion by Batcheller second by Walish to approve Capital Loan Note for capital improvements Building Services Five Year Plan and Courthouse Phase VI project.

Motion by Boykin second by Clausen to amend the motion to postpone action for two weeks on the Building Services Five Year Plan. The motion to amend failed 2-3; Walish, Batcheller and Welte opposed.

Motion by Batcheller second by Walish to call the previous question. Failed 3-2; having failed to gain two-thirds majority, Clausen and Boykin opposed.

Motion by Clausen second by Boykin to postpone action on the Building Services Five Year Plan. Carried 3-2, Batcheller and Walish opposed.

Action to reconsider Phase VI funding was postponed as a result of the previous action.

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 May 11, 2004.