Minutes - 9/7/2004

SEPTEMBER 7, 2004 TENTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, September 7, 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 Batcheller second by Walish to approve the Board minutes of August 31, 2004 as submitted. Carried 4-0; Boykin abstained.

Motion by Walish second by Clausen to approve the minutes of the Executive Session of August 31, 2004 as submitted. Carried 4-0; Boykin abstained.

The Sioux City Mayor Dave Ferris, City Manager Paul Eckert and City Finance Director John Meyers delivered the check for $250,000.00 for the purpose of the expansion of the Woodbury County Law Enforcement Center.

The Board approved the separation of Dorrine F. Norby, Temporary Election Clerk, County Auditor/Recorder Dept., effective 9-03-04. End of Temporary Work. Copy filed.

The Board approved the reclassification of Patrick A. Jennings, Assistant County Attorney, County Attorney Dept., @$49,312/year, effective 9-25-04. Per AFSCME Attorney Contract agreement, from Step 4 to Step 5. Copy filed.

The Board approved the appointment of Dorrine F. Norby, Temporary Election Clerk, County Auditor/Recorder Dept., effective 9-07-04. Not to exceed 120 days. Copy filed.

Motion by Boykin second by Walish to approve and authorize the Chairman to sign the Authorization to Initiate Hiring Process for a Part-time (24 hours/week) Executive Secretary/Public Bidder, Board Administration Dept., Wage Plan as compared to AFSCME/Grd.6. $13.39/hour. Carried 5-0. Copy filed.

Motion by Clausen second by Walish to postpone action for one week to authorize the Chairman to sign Memorandum of Understanding between Iowa Department of Public Health and Woodbury County Board of Supervisors. Carried 5-0.

Motion by Boykin second by Clausen to approve and authorize the Chairman to sign a resolution approving a tax suspension for P.F.A. and L.K.A. Carried 5-0.

WOODBURY COUNTY, IOWA

RESOLUTION # 9838

RESOLUTION APPROVING PETITION FOR SUSPENSION OF TAXES

WHEREAS, Phillip Frederick and LaGail Kay Abbe, are titleholders of real estate located at 4426 Garfield, Sioux City, Woodbury County, Iowa, and legally described as follows:

Parcel #302820

Lot Nineteen (19) Block Three (3) Leeds Addition, City of Sioux City, Woodbury County, Iowa

WHEREAS, Phillip Frederick and LaGail Kay Abbe 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 7th day of September, 2004.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Walish second by Clausen to approve and authorize the Chairman to sign a resolution approving abatement of taxes for the City of Anthon. Carried 5-0.

WOODBURY COUNTY, IOWA

RESOLUTION # 9853

RESOLUTION APPROVING ABATEMENT OF TAXES

WHEREAS, City of Anthon are the titleholders of real estate Parcel #0588255, located in Woodbury County, Iowa and legally described as follows:

Parcel #0588255

Moores Addition Lots Five and Six (5 & 6) Block Three (3 )Except A Tract
Being 169.60 feet on North X 145.80' on South X 158.20 feet on NW X 200
on SE, City of Anthon, Woodbury County, Iowa

WHEREAS, the above stated property has an unpaid balance of taxes owing, and these parcels are owned by a political subdivision of the state; and

WHEREAS, the political subdivision, namely the City of Anthon, Iowa, is failing to immediately pay the taxes due; and

WHEREAS, the Board of Supervisors sees that good cause exists for the abatement of these taxes and any future taxes that may be levied against this parcel; and

NOW, THEREFORE, BE IT RESOLVED, that the Woodbury County Board of Supervisors hereby abates the taxes owing on the above parcel according to Code of Iowa, 445.63, and hereby directs the Woodbury County Treasurer to abate these aforementioned taxes from the tax records.

SO RESOLVED this 7th day of September, 2004.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

The Public Hearing and sale of Real Estate Parcel #554880 (also known as 3512 Floyd Blvd) was held at 10:15 a.m. The Chairman called on anyone wishing to be heard on said sale.

Motion by Walish second by Clausen to close the Public Hearing on the sale of Real Estate Parcel #554880 as there was no one present wishing to be heard on said sale. Carried 5-0.

Chairman called for bids on Real Estate Parcel #554880. Jeffery Budde bid $79.00 plus recording fees. There were no further bids.

Motion by Clausen second by Boykin to accept Jeffery Buddes bid for $79.00 plus recording fees on Real Estate Parcel #554880. Carried 5-0.

RESOLUTION OF THE BOARD OF SUPERVISORS
OF WOODBURY COUNTY, IOWA:
RESOLUTION # 9854

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

By Jeffery B. Budde in the sum of Seventy-Nine Dollars & No/100 ($ 79.00) for the following described real estate, To Wit:
Parcel #554880

LL-SC Community Addition
Auditor Plat Parts of 11-89-47, Vacated Alley Adjacent Northeasterly 163.4 Feet of Southeasterly 190.4 Feet, Tax Lot Seven (7), and Vacated Alley Adjacent Vacated
Street Between Tax Lot Six (6), Seven (7)
(3512 Floyd Blvd., Sioux City, Iowa 51108)

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 7th day of September, 2004.
WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Batcheller second by Walish to authorize the Chairman to sign final voucher for Project FM-CO97(60)55-97, per recommendation of the County Engineer. Carried 5-0. Copy filed.

Motion by Clausen second by Batcheller to authorize the Chairman to sign Utility Accommodation Permit submitted by Northwest Iowa Telephone, Sergeant Bluff, IA, per recommendation of the County Engineer. Carried 5-0. Copy filed.

Motion by Boykin second by Batcheller to authorize the Chairman to sign contract and bonds for Project STP-S-CO97(53)5E-97, with Irving F. Jensen Co., Inc., per recommendation of the County Engineer. Carried 5-0. Copy filed.

Motion by Clausen second by Boykin to adopt a resolution of support for road use tax allocation method. Failed 0-5.

The Public Hearing on establishment of Area Service Level C Road was held at 10:20 a.m. The Chairman called on anyone wishing to be heard.

Bruce Woodward spoke in opposition to the proposal.

Motion by Clausen second by Walish to close the Public Hearing on the establishment of Area Service Level C Road. Carried 5-0.

Motion by Batcheller second by Boykin to postpone action for one week to approve and authorize the Chairman to sign a Resolution for the establishment of Area Service C Road. Carried 5-0.

The Board discussed the concept for Economic Development Department.

Motion by Walish second by Batcheller to approve Economic Development Department for Woodbury County. Carried 5-0. Copy filed.

There was discussed funding of Economic Development Department.

Motion by Batcheller second by Walish to approve funding of Economic Development Department for Woodbury County with $100,000.00 per year for five years from the proceeds of the Economic Development and Infrastructure sales tax. Carried 3-2; Boykin and Clausen opposed. 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.

Victoria Ritz, Deputy Commissioner of Elections, requested the Board re-draw positions for the Extension Council after a name was discovered that was inadvertently left off. The Board re-drew the positions as follows:

County Agricultural Extension Council 4 Year Term
Position 1 Elaine K. Utesch
Position 2 Julie Case
Position 3 Thomas Ullrich
Position 4 John Wilcox
Position 5 Jani Sparr

Motion by Clausen second by Batcheller to go into closed session for personnel evaluation at the request of Dick Storm. Carried 5-0 on a roll call vote.

Motion by Clausen second by Boykin to go out of closed session. Carried 5-0 on a roll call vote.

Motion by Batcheller second by Walish to go into closed session for personnel evaluation at the request of Karen James. Carried 5-0 on a roll call vote.

Motion by Boykin second by Batcheller to go out of closed session. Carried 5-0 on a roll call vote.

The Board adjourned the regular meeting until September 14, 2004.