Minutes - 8/3/2004

AUGUST 3, 2004 FIFTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, August 3, 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.

The Board canvassed the July 27th, 2004 City of Correctionville Special Election at 9:15 a.m. with the following official results:

Victoria L. Ritz, Deputy Commissioner of Elections, announced there were two (2) provisional ballots of which one (1) was accepted and added to the Tally.

For the Office of Correctionville City Council Member there were ninety-seven (97) ballots cast as follows:

Scott Heide received thirty-five (35) votes
Brad Knaack received twenty-five (25) votes
Gail Stanton received thirty-five (35) votes
Scattered Write-ins received two (2) votes

We therefore declare Scott Heide and Gail Stanton received a tie vote and Gail Stanton was drawn by lot and duly elected to the Office of City Council Member, to fill a vacancy for an unexpired term ending 2005.

Motion by Boykin second by Clausen to accept the official canvass of the City of Correctionville Special Election held on July 27th, 2004. Carried 5-0. Copy filed.

Meeting called to order.

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

The Board approved the separation of Lorie G. Jepsen, P/T Secretary, Disaster Services Dept., effective 7-30-04. Resignation. Copy filed.

The Board approved the reclassification of Dawn L. Zahnley, F/T Secretary, Disaster Services Dept., @$11.40/hour, effective 8-02-04. Wage Plan comparability to AFSCME Grade 3, Step 2. Copy filed.

The Board approved the separation of Cole J. Dixon, Temporary Summer Laborer, Secondary Roads Dept., effective 8-03-04. End of Temporary Work. Copy filed.

The Board approved the appointment of Brigid M. Delaney, Correctional Officer, County Sheriff Dept., @$14.18/hour, effective 8-09-04. Job Vacancy Posted: 6-23-04. Entry Salary: $14.18/hour. Copy filed.

The Board approved the separation of Eric R. Petersen, Temporary Engineering Aide, Secondary Roads Dept., effective 8-10-04. End of Temporary Work. Copy filed.

Motion by Boykin second by Clausen to approve and authorize the Chairman to sign the Authorization to Initiate Hiring Process for a Part-time Secretary, Disaster Services Dept., Entry Level: Wage Plan Comparable to AFSCME/Grd. 3: $10.91/hour. Carried 5-0. Copy filed.

Motion by Boykin second by Walish to receive the semi-annual report of funds in the hands of the County Treasurer at close of business June 30, 2004. Carried 5-0. Copy filed.

Motion by Batcheller second by Boykin to authorize the Chairman to sign Grant Agreement with the Natural Resources Conservation Service (NRCS) for sites: L-169, L-170, L-171, and L172, per recommendation of the county engineer. Carried 5-0. Copy filed.

Motion by Walish second by Boykin to authorize the Chairman to sign Grant Agreement with the Natural Resources Conservation Service (NRCS) for site: N-157, per recommendation of the county engineer. Carried 5-0. Copy filed.

Motion by Clausen second by Batcheller to authorize the Chairman to sign Grant Agreement with the Natural Resources Conservation Service (NRCS) for site: E-205, per recommendation of the county engineer. Carried 5-0. Copy filed.

Motion by Batcheller second by Walish to approve and receive for signatures Resolution No. 9818 vacating excess roadway right-of-way, per recommendation of the county engineer. Carried 5-0.

WOODBURY COUNTY, IOWA

RESOLUTION NO. 9818

A RESOLUTION VACATING EXCESS ROADWAY RIGHT-OF-WAY

WHEREAS, The Woodbury County Board of Supervisors in accordance with Section 306.10 (Code of Iowa 2003), as amended, has determined that a portion of the roadway right-of-way of Minnesota Ave. lying West of relocated Minnesota Ave. is no longer needed for roadway purposes. The portion to be vacated is described as follows and shown on the attached map:

A portion of Minnesota Ave. lying west of relocated Minnesota Ave. in part of the SE of Section 5, T86N, R43W Woodbury County, Iowa. Established as Roads No. 157 and Road No. 56 also known as Oto-Mapleton Road and Denison, Oto & Sioux City Road described as follows; Beginning at the Southwest corner of SESE of said Section 5 thence north along the West line of the SESE of said Section 5, thence north easterly to the East line of the SE of said Section 5, T86N, R43W of the 5th P.M. Woodbury County, Iowa. Area to be vacated is all that portion road right-of-way lying either side of said centerline, containing 4.50 Acres, more or less.

NOW THEREFORE BE IT RESOLVED that the Woodbury County Board of Supervisors, in accordance with Section 306.10 (Code of Iowa), hereby vacates that excess right of way described above. From and after the date this resolution is recorded, the identified property shall no longer constitute a street, highway, or public right of way, but shall revert to private ownership pursuant to operation of law.

SO RESOLVED this 3rd day of August, 2004.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Boykin second by Clausen to approve and receive for signatures Resolution No. 9819 vacating excess roadway right-of-way, per recommendation of the County Engineer. Carried 5-0.

WOODBURY COUNTY, IOWA

RESOLUTION NO. 9819

A RESOLUTION VACATING EXCESS ROADWAY RIGHT-OF-WAY

WHEREAS, The Woodbury County Board of Supervisors in accordance with Section 306.10 (Code of Iowa 2003), as amended, has determined that a portion of the roadway right-of-way of Stone Ave. lying North of relocated Stone Ave. is no longer needed for roadway purposes. The portion to be vacated is described as follows and shown on the attached map:

A portion of Stone Ave. lying north of relocated Stone Ave. on part of the north line of the south one-half of Section 31, T89N, R46W Woodbury County, Iowa. Established as Roads No. 429 also known as Schillinger Road described as follows; Beginning at the Southwest corner of Lot 1 Berea Heights addition, thence easterly 543.3 feet to the Southeast corner of said Lot 1 Berea Heights Addition part of Section 31, T89N, R46W of the 5th P.M. Woodbury County, Iowa. Area to be vacated 33 feet in width. Containing 0.41 acres, more or less.

NOW THEREFORE BE IT RESOLVED that the Woodbury County Board of Supervisors, in accordance with Section 306.10 (Code of Iowa), hereby vacates that excess right of way described above. From and after the date this resolution is recorded, the identified property shall no longer constitute a street, highway, or public right of way, but shall revert to private ownership pursuant to operation of law.

SO RESOLVED this 3rd, day of August, 2004.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Boykin second by Batcheller to approve and authorize the Chairman to sign Project Safe Neighborhoods (PSN) Grant through the Woodbury County Sheriffs Department. Carried 5-0. Copy filed.

The Board discussed the consideration of a request for County financial support for Moville Community Center/Library Project.

Motion by Walish second by Boykin to sign a letter of support for a joint Moville Community Center/Library Project with a $5,000.00 contribution and other unspecified in kind contributions contingent upon a successful project agreement. Carried 5-0. Copy filed.

The Public Hearing and sale of Real Estate Parcel #002325, also known as 605 W 4th Street, was held at 10:15 a.m. The Chairman called on anyone wishing to be heard on said sale.

Motion by Boykin second by Walish to close the Public Hearing on the sale of Real Estate Parcel #002325 as there was no one present wishing to be heard on said sale. Carried 5-0.

Chairman called for bids on Real Estate Parcel #002325. Ronny Alles bid $203.00 plus recording fees. There were no further bids.

Motion by Batcheller second by Walish to accept Mr. Alles bid for $203.00 plus recording fees on Real Estate Parcel #002325. Carried 5-0.

RESOLUTION OF THE BOARD OF SUPERVISORS
OF WOODBURY COUNTY, IOWA:
RESOLUTION # 9820

BE IT RESOLVED by the Board of Supervisors of Woodbury County, Iowa, that the offer at public auction of:

By Ronny and Doresa Alles in the sum of Two-Hundred and Three Dollars & No/100 ($203.00) for the following described real estate, To Wit:

Parcel #002325
SIOUX CITY, CITY OF SIOUX CITY, WOODBURY COUNTY, IOWA
North Fifty ( N 50) Feet Lot Six (6) Block Ten (10)
(605 W 4th Street, Sioux City, IA 51103)

Now and included in and forming a part of the City of Sioux City , Iowa, the same is hereby accepted: said

amount being a sum LESS than the amount of the general taxes, interests, costs and penalties against the said

Real Estate.

BE IT RESOLVED that payment is due by close of business on the day of passage of this resolution or this sale is null and void and this resolution shall be rescinded.
BE IT RESOLVED that per Code of Iowa Section 569.8(3 & 4), a parcel the County holds by tax deed shall not be assessed or taxed until transferred and upon transfer of a parcel so acquired gives the purchaser free title as to previously levied or set taxes. Therefore, the County Treasurer is requested to abate any taxes previously levied or set on this parcel(s).
BE IT FURTHER RESOLVED that the Chairman of this Board be and he is hereby authorized to execute a Quit Claim Deed for the said premises to the said purchaser.
SO DATED this 3rd day of August, 2004.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Boykin second by Clausen to set the Public Hearing and Sale of Real Estate Parcel #106095 for August 17, 2004, at 10:15 a.m. Carried 5-0.

RESOLUTION # 9821

NOTICE OF PROPERTY SALE

Parcel #106095

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

CLARKS ADDITION, CITY OF SIOUX CITY, WOODBURY COUNTY, IOWA
LOTS SEVEN (7) EIGHT (8) AND NINE (9) IN BLOCK FOURTEEN (14) LOT SEVEN (7)
(9 14th Street, Sioux City IA 51101)

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 17th Day of August, 2004 at 10:15 o'clock a.m. in the meeting
room of the Board of Supervisors on the first floor of the Woodbury
County Courthouse.

2. That said Board proposes to sell the said parcel of real estate at a
public auction to be held on the 17th Day of August, 2004, immediately
following the closing of the public hearing.

3. That said Board proposes to sell the said real estate to the highest
bidder at or above a total minimum bid of $ 552.00 plus recording
fees.

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

Dated this 3rd Day of August, 2004.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Clausen second by Walish to approve lifting the tax suspension for J.D.S. Carried 5-0. Copy filed.

Motion by Boykin second by Batcheller to approve and authorize the Chairman to sign final plats for McQuade Addition Subdivision Parcel #769890, per recommendation of the Zoning Commission. Carried 5-0.

BOARD OF SUPERVISORS RESOLUTION
RESOLUTION NUMBER: 9822

RESOLUTION ACCEPTING AND APPROVING McQUADE ADDITION TO WOODBURY COUNTY, IOWA.

WHEREAS, THE OWNER AND PROPRIETOR DID ON THE 3RD DAY OF AUGUST, 2004, FILE WITH THE WOODBURY COUNTY ZONING COMMISSION A CERAIN PLAT DESIGNATED AS McQUADE ADDITION TO 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 PLAT OF McQUADE ADDITION TO 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 OWNER AND PROPRIETOR A CERTIFIED COPY OF THIS RESOLUTION AS REQUIRED BY LAW.

PASSED AND APPROVED THIS 3RD DAY OF AUGUST, 2004.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Batcheller second by Clausen to approve and authorize the Chairman to sign final plats for OConnell (formerly Miller) Addition Subdivision Parcel #720480, per recommendation of the Zoning Commission. Carried 5-0.

BOARD OF SUPERVISORS RESOLUTION

RESOLUTION NO. 9823

WHEREAS, JOHN J. AND DEBRA K. OCONNELL SHALL FILE WITH THE COUNTY AUDITOR OF WOODBURY COUNTY, IOWA, A CERTAIN PLAT DESIGNATED AS OCONNELL ADDITON TO THE SE1/4-NE1/4, OF SECTION 7, T87N, R43W CIVIL TOWNSHIP MILLER, IN WOODBURY COUNTY, IOWA, WHICH SAID PLAT SHALL BE DULY RECORDED BY THE AUDITOR; AND

WHEREAS, IT APPEARS THAT SAID PLAT CONFORMS WITH ALL THE PROVISIONS OF THE WOODBURY COUNTY SUBDIVISION ORDINANCE WITH REFERENCE TO THE FILING OF THE 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, THAT SAID PLAT OF OCONNELL ADDITION, DATED AUGUST 3, 2004, AS HERETO SHOWN AND FORMING A PART OF THIS RESOLUTION, BE AND THE SAME IS HEREBY ACCEPTED AND APPROVED, AND THE CHAIRMAN AND SECRETARY ARE HEREBY DIRECTED TO FURNISH JOHN J. AND DEBRA K. OCONNELL A CERTIFIED COPY OF THIS RESOLUTION.

DATED THIS 3RD DAY OF AUGUST, 2004.

WOODBURY COUNTY BOARD OF SUPERVISORS.

Copy filed.

The Board discussed agreement renewal with Siouxland Paramedics Inc.

Motion by Boykin second by Batcheller to approve agreement renewal with Siouxland Paramedics Inc. for $10,000.00 covering the period of July 1, 2004 through June 30, 2005. Carried 5-0. Copy filed.

John Malloy from WCICC discussed with the Board alternative proposal to implement State Program for discount on equipment maintenance.

Motion by Boykin second by Clausen to approve and authorize the Chairman to sign a resolution approving the audit firm used by Argosys Belle of Sioux City. Carried 5-0.

WOODBURY COUNTY BOARD OF SUPERVISORS
RESOLUTION NUMBER 9824

WHEREAS, on April 19, 2004 the Iowa Legislature passed House File 2302, which the Governor signed into law on May 6, 2004.

WHEREAS, House File 2302 amends Iowa Code 99F.13 (2003) and provides that the Board of Supervisors of each county where gambling operations are conducted must select a certified public accountant licensed within the State to conduct the annual audit of certain licensed gambling establishments within the county, specifically providing,

99F.13 ANNUAL AUDIT OF LICENSEE OPERATIONS. Within ninety days after the end of the licensee's fiscal year, the licensee shall transmit to the commission an audit of the financial transactions and condition of the licensee's total gambling operations, including an itemization of all expenses and subsidies. All audits shall be conducted by certified public accountants registered or licensed in the State of Iowa under chapter 542 who are selected by the board of supervisors of the county in which the licensee operates.

WHEREAS, the certified public accounting firm of Ernst & Young, is experienced in performing audits of gambling operations, is registered and/or licensed to perform such services in the State of Iowa.

NOW THEREFORE BE IT RESOLVED, that the Woodbury County Board of Supervisors hereby appoints the Ernst & Young certified public accounting firm to conduct the annual audit for the licensee, Belle of Sioux City, L.P.

IT IS FURTHER RESOLVED that this appointment of the Ernst & Young firm shall remain in effect and renew automatically each year until the Board of Supervisors receives a request from the licensee, Belle of Sioux City, L.P., to appoint another certified public accounting firm to perform the annual audits contemplated under Iowa Code 99F.13.

SO RESOLVED this 3rd day of August, 2004.

WOODBURY COUNTY BOARD OF SUPERVISORS

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.

The Board adjourned the regular meeting until August 10, 2004.