Minutes - 11/9/2004

NOVEMBER 9, 2004 NINETEENTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, November 9, 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 November 2, 2004 General Election at 9:00 a.m. with the following official results:

Victoria L. Ritz, Deputy Commissioner of Elections, announced there were 745 provisional ballots of which 383 were accepted added to the Tally, and there were 71 after-election absentee ballots which were received timely and added to the Tally.

Total Woodbury County Voters: 44,430

U.S. President/Vice President Total Votes Cast 44,195

John F. Kerry/John Edwards (D) 21,455 votes
George W. Bush/Dick Cheney (R) 22,451 votes
David Cobb/Patricia La Marche (IA GRE) 35 votes
Michael Badnarik/Richard Campagna (LIB) 41 votes
James Harris/Margaret Trowe (SOC WRK) 3 votes
Michael Anthony Peroutka/Chuck Baldwin (CONS) 24 votes
Bill Van Auken/Jim Lawrence (NP) 8 votes
Ralph Nader/Peter Miguel Camejo (NP) 157 votes
Scattered Write-ins 21 votes

U.S. Representative 5th District Total Votes Cast 42,670

E. Joyce Schulte (D) 19,555 votes
Steve King (R) 23,089 votes
Scattered Write-ins 26 votes

U.S. Senator Total Votes Cast 43,422

Arthur Small (D) 13,109 votes
Chuck Grassley (R) 29,522 votes
Daryl A. Northrop (IA GRE) 236 votes
Christy Ann Welty (LIB) 484 votes
Edwin B. Fruit (SOC WRK) 67 votes
Scattered Write-ins 4 votes

State Senator 28th District Total Votes Cast 2,323

James Seymour (R) 2,310 votes
Scattered Write-ins 13 votes

State Representative - 1st District Total Votes Cast 12,044

Wesley Whitead (D) 6,729 votes
Keith Radig (R) 5,314 votes
Scattered Write-in 1 vote

State Representative 2nd District Total Votes Cast 6,662

Roger F. Wendt (D) 6,608 votes
Scattered Write-ins 54 votes

State Representative 53rd District Total Votes Cast 4,473

Dick Sokolowski (D) 1,941 votes
Dan Huseman (R) 2,529 votes
Scattered Write-ins 3 votes

State Representative - 54th District Total Votes Cast 13,781

Judith K. Peterson (D) 5,742 votes
Christopher Rants (R) 8,035 votes
Scattered Write-ins 4 votes

State Representative 55th District Total Votes Cast 2,391

Clarence Hoffman (R) 2,373 votes
Scattered Write-ins 18 votes

Supreme Court Judges
Affirmative Votes Negative Votes
Jerry L. Larson 22,482 5,926
Louis A. Lavorato 21,773 6,733
David S. Wiggins 22,334 6,054

Appeals Court Judges

Robert E. Mahan 22,337 5,756
Gayle Vogel 23,137 5,455

District Court Judges, District-3B

Jeffrey A. Neary 21,157 12,401
John D. Ackerman 24,289 5,209

Associate Juvenile Judge, District 3B

Brian L. Michaelson 25,482 4,646

County Board of Supervisor - District 2 Total Votes Cast 42.137

Rob Marqusee (D) 20,881 votes
Bob Batcheller (R) 21,234 votes
Scattered Write-ins 22 votes

Elected 4 yr. Term: Bob Batcheller

County Board of Supervisor - District 4 Total Votes Cast 40,883

Mark Monson (D) 21,176 votes
Thomas Ullrich (R) 19,680 votes
Scattered Write-ins 27 votes

Elected 4 yr. Term: Mark Monson

County Board of Supervisor - District 5 Total Votes Cast 42,119

Larry D. Clausen (D) 21,820 votes
Cal Tyer (R) 20,255 votes
Scatttered Write-ins 44 votes

Elected 4 yr. Term: Larry D. Clausen

County Auditor/Recorder Total Votes Cast 42,704

Patrick F. Gill (D) 25,032 votes
David M. Widman (R) 17,665 votes
Scattered Write-ins 7 votes

Elected 4 yr. Term: Patrick F. Gill

County Sheriff Total Votes Cast 43,053

Glenn J. Parrett (D) 22,835 votes
David Amick (R) 20,201 votes
Scattered Write-ins 17 votes

Elected 4 yr. Term: Glenn J. Parrett

TOWNSHIP OFFICES

Arlington

2 Trustees 4 yr. Term: 209 Votes Cast

John F. Forch (D) 102 votes
William Paul Hulse (D) 107 votes

Elected: John F. Forch and William Paul Hulse

Banner

2 Trustees 4 yr. Term: 458 Votes Cast

Larry H. Hansen (R) 144 votes
Wallace E. Sorensen (R) 104 votes
Write-in (no name): 1 votes

Elected: Larry H. Hansen and Wallace E. Sorensen

Banner

1 Trustee 2 yr. Unexp. Term: 7 Votes Cast

Write-ins: Chuck Hoelker 2 votes
Charles Clark 1 vote
(no names) 4 votes

Elected: Chuck Hoelker

Concord

2 Trustees 4 yr. Term: 626 Votes Cast

Charles H. Solomon (R) 356 votes cast
Kenneth Gard (Pet) 268 votes cast
Write in (no names): 2 votes cast

Elected: Charles H. Solomon and Kenneth Gard

Concord

1 Trustee 2 yr. Unexp.Term: 447 Votes Cast

Roger Milligan (R) 443 votes
Write-ins (no names): 4 votes

Elected: Roger Milligan

Concord

1 Clerk 2 yr. Unexp. Term: 447 Votes Cast

Ida Milligan (R) 443 votes cast
Write-ins (no names): 4 votes cast

Elected: Ida Milligan

Floyd

2 Trustees 4 yr. Term: 364 Votes Cast

Kenneth Johnson (D) 176 votes
Donald Wohlert (D) 185 votes
Write-ins (no names): 3 votes

Elected: Kenneth Johnson and Donald Wohlert

Grange

2 Trustees 4 yr. Term: 72 Votes Cast

Jim Cox (D) 69 votes
Write-ins: Chuck Widman 1 vote
Ernest Gigaroa 1 vote
(no name) 1 vote

Elected: Jim Cox and Ernest Gigaroa (drawn by lot)

Grant

2 Trustees 4 yr. Term: 112 Votes Cast

Larry G. Bumsted (R) 46 votes
Patrick B. Maguire (Pet) 65 votes
Write-in (no name): 1 vote

Elected: Larry G. Bumsted and Patrick B. Maguire

Kedron

2 Trustees 4 yr. Term: 123 Votes Cast

John Beeson (D) 50 votes
Larry L. Wink (D) 70 votes
Write-ins (no name) 3 votes

Elected: John Beeson and Larry L. Wink

Lakeport

2 Trustees 4 yr. Term: 86 Votes Cast

Maurice Choquette (D) 42 votes
John Stensland (R) 44 votes

Elected: Maurice Choquette and John Stensland

Liberty

2 Trustees 4 yr. Term: 404 Votes Cast

Wade Brown (D) 208 votes
John Hollenbeck (D) 194 votes
Write-ins (no names): 2 votes

Elected: Wade Brown and John Hollenbeck

Liston

2 Trustees 4 yr. Term: 81 Votes Cast

Edward J. Welte (Pet) 74 votes
Write-in: Jan Petrositch 7 votes

Elected: Edward J. Welte and Jan Petrositch

Little Sioux

2 Trustees 4 yr. Term: 145 Votes Cast

Melvin Johnston (D) 66 votes
Russell Worrell (D) 76 votes
Write-ins (no names): 3 votes

Elected: Melvin Johnston and Russell Worrell

Miller

2 Trustees 4 yr. Term: 18 Votes Cast

Write-ins: John Dixon 7 votes
Marvin Buettner 5 votes
(no names) 6 votes

Elected: John Dixon and Marvin Buettner

Miller

1 Trustee 2 yr. Unexp. Term 13 Votes Cast

Write-ins: Brian Baldwin 4 votes
Terry Shever 2 votes
Cal Tyer 1 vote
Vicki Buettner 1 vote
Jon Herlman 1 vote
Larry Feddersen 1 vote
W. A. Fleck 1 vote
(no names) 2 votes

Elected: Brian Baldwin

Miller

1 Clerk 2 yr. Unexp. Term 11 Votes Cast

Write-ins: Vicki Buettner 6 votes
Conrad Jensen 2 votes
Ron Cockburn 1 vote
Mark Baldwin 1 vote
Roxi Hamann 1 vote

Elected: Vicki Buettner

Morgan

2 Trustees 4 yr. Term: 11 Votes Cast

Write-ins: Marc Van Houten 3 votes
Kurt Heinse 2 votes
Scott Corrie 2 votes
Jon Wilke 2 votes
Doug Corrie 1 vote
Steve Albers 1 vote

Elected: Marc Van Houten and Kurt Heinse (drawn by lot)

Moville

2 Trustees 4 yr. Term: 10 Votes Cast

Write-ins: Herbert Foster 2 votes
Doyle K. Turner 3 votes
Ted Peters 1 vote
Cal Tyer 1 vote
Gene Lyons 1 vote
Pat Weaver 1 vote
Kirk Scheelhaase 1 vote

Elected : Herbert Foster and Doyle K. Turner

Moville

1 Clerk 2 yr. Unexp. Term 118 Votes Cast

Arthur C. Ralston (D) 117 votes
Write-in (no name): 1 vote

Elected: Arthur C. Ralston

Oto

2 Trustees 4 yr. Term: 104 Votes Cast

James J. Mullin (D) 39 votes
Frank Weber (Pet) 65 votes

Elected: James J. Mullin and Frank Weber

Rock

2 Trustees 4 yr. Term: 128 Votes Cast

Jeffrey R. Henderson (D) 71 votes
Peter Tim. Petersen (R) 57 votes

Elected: Jeffrey R. Henderson and Peter Tim Petersen

Rutland

2 Trustees 4 yr. Term: 237 Votes Cast

Ronald Bohle (R) 117 votes
Louis Reinking (R) 120 votes

Elected: Ronald Bohle and Louis Reinking

Sloan

2 Trustees 4 yr. Term: 10 Votes Cast

Write-ins: Randy Hunt 4 votes
Matt Topf 3 votes
James Goodwin 1 vote
Gordon Copple 1 vote
Frederick Johnson 1 vote

Elected: Randy Hunt and Matt Topf

Union

2 Trustees 4 yr. Term: 170 Votes Cast

Roy D. Linn (R) 83 votes
Lawrence E. Todd (R) 86 votes
Write-in (no name) 1 vote

Elected: Roy D. Linn and Lawrence E. Todd

Westfork

2 Trustees 4 yr. Term: 216 Votes Cast

David Goodrich (R) 117 votes
Gail Nichols (Pet) 89 votes
Write-ins (no name): 10 votes

Elected: David Goodrich and Gail Nichols

Willow

2 Trustees 4 yr. Term: 17 Votes Cast

Write-ins: Jack Steinhoff 4 votes
Lyle Mitchell 3 votes
Clifford Teel 2 votes
Doug Washburn 2 votes
Lael Steinhoff 1 vote
Walter Sulsburger 1 vote
Jim Seiger 1 vote
Gary Sulsberger 1 vote
Ed Beem 1 vote
Anyanetta Nichols 1 vote

Elected: Jack Steinhoff and Lyle Mitchell

Wolfcreek

2 Trustees 4 yr. Term: 109 Votes Cast

Ronald Hayworth (R) 106 votes
Write-ins: Tracy Countryman 1 vote
Larry Fixsel 1 vote
Roger L. Wilson 1 vote

Elected: Ronald Hayworth and Roger L. Wilson (drawn by lot)

Woodbury

2 Trustees 4 yr. Term: 752 Votes Cast

Jerry E. Wooldridge (D) 286 votes
Mervin Zellmer (R) 465 votes
Write-in (no name): 1 vote

Elected: Jerry E. Wooldridge and Mervin Zellmer

Soil & Water Conservation Commissioner Total Votes Cast 44,430
(3 Vacancies 4 yr. Term)

James D. Brown 17,005 votes
Kenneth Gard 15,785 votes
Kevern R. Koskovich 13,321 votes
Lyle Mitchell 16,562 votes
Scattered Write ins 68 votes

Elected: James D. Brown, Kenneth Gard, and Lyle Mitchell

Agricultural Extension Council Total Votes Cast 44,430
(4 Vacancies 4 yr. Term)

Julie Case 16,411 votes
Jani Sparr 12,739 votes
Thomas Ullrich 16,579 votes
Elaine K. Utesch 16,968 votes
John Wilcox 15,743 votes
Scattered Write ins 63 votes

Elected: Julie Case, Thomas Ullrich, Elaine K. Utesch, and John Wilcox

Agricultural Extension Council Total Votes Cast - 25,665
(1 Vacancy 2 yr. Unexp. Term)

Mark Reinders 25,557 votes
Scattered Write-ins 108 votes

Elected: Mark Reinders

Enhanced 911 Telephone Service Surcharge - Question A Total Votes Cast 36,236

Should the following public measure be adopted?
Enhanced 911 emergency telephone service shall be funded, in whole or in part, by a monthly surcharge of one (1) dollar on each telephone access line collected as a part of each telephone subscribers monthly phone bill if provided within Woodbury County E911 service area.

Yes: 23,715
No: 12,521

We therefore declare the public measure Enhanced 911 telephone surcharge to be adopted.

Motion by Clausen second by Walish to accept the official canvass from the General Election of November 2, 2004. Carried 5-0.

Mr. Clausen excused himself.

Meeting called to order.

The Board approved the separation of Beverly C. Koson, Temporary Election Clerk, County Auditor/Recorder Dept., effective 11-01-04. End of Temporary Work. Copy filed.

The Board approved the separation of Roxanne L. Clark, Temporary Election Clerk, County Auditor/Recorder Dept., effective 11-02-04. End of Temporary Work. Copy filed.

The Board approved the separation of Kristi J. Armstrong, Temporary Election Clerk, County Auditor/Recorder Dept., effective 11-02-04. End of Temporary Work. Copy filed.

The Board approved the separation of Anita S. Harrington, Election Clerk/Secretary, County Auditor/Recorder Dept., effective 12-31-04. Retirement. Copy filed.

The Board approved the separation of Maurice D. Welte, Board Chairman, Board of Supervisors, effective 12-31-04. Retirement. Copy filed.

Motion by Walish second by Boykin to approve and authorize the Chairman to sign the Authorization to Initiate Hiring Process for an Economic Development Director, Board Administration Dept., Wage Plan $40,000-$60,000/year (based on experience). Carried 4-0. Copy filed.

Motion by Batcheller second by Boykin to approve the requests of retirees, Anita Harrington and Maurice Welte, to remain on Woodbury County health insurance plan and dental insurance plan at their own expense, effective January 1, 2005. Carried 4-0. Copy filed.

Kathy Mengel from First Administrator, the Countys third party administrator, gave a presentation on Woodbury County Stop-Loss Insurance renewal.

The Board discussed Woodbury County flexible spending plan.

Motion by Batcheller second by Walish to approve lifting tax suspension for L. L. Carried 4-0. Copy filed.

Motion by Boykin second by Walish to approve and authorize the Chairman to sign a Resolution approving abatement of taxes for the City of Anthon on Parcel #584280. Carried 4-0.

WOODBURY COUNTY, IOWA

RESOLUTION # 9882

RESOLUTION APPROVING ABATEMENT OF TAXES

WHEREAS, City of Anthon is the titleholder of real estate Parcel #584280, located in Woodbury County, Iowa and legally described as follows:

Parcel #584280

Lots Ten & Eleven (10 & 11) Block Eleven (11), 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 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 9th day of November, 2004.

WOODBURYCOUNTYBOARD OF SUPERVISORS

Copy filed.

Motion by Walish second by Batcheller to set the Public Hearing and Sale of Real Estate Parcel #223575 on November 23rd, 2004 at 10:15 a.m. Carried 4-0.

RESOLUTION # 9883

NOTICE OF PROPERTY SALE

Parcel #223575

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

Kendron Addition Lot Two Hundred Nineteen (219), City of Sioux City, Woodbury
County, (a.k.a. 1516 Rock Street)

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 23rd Day of
November 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. That said Board proposes to sell the said parcel of real estate at a public auction
to be held on the 23rd Day of November 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 $500.00 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 9th Day of November, 2004

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Boykin second by Batcheller to award fencing and landscaping contract for the Communications Project Tower Sites to Bostwick Fencing of Dakota City, in the amount of $41,326.00, per recommendation of Gary Brown and Glenn Sedivy. Carried 4-0. Copy filed.

There was a discussion on the purchase of land for Danbury-Oto Communciation Tower Site.

Motion by Batcheller second by Boykin to approve proceeding with the purchase of land at a cost of $20,500.00, plus survey and recording fees, for the South East Woodbury County tower site. Carried 4-0. Copy filed.

Motion by Walish second by Boykin to receive County Sheriffs Civil Division First Quarter and Year-to-Date Report for the quarter ending September 30, 2004. Carried 4-0. Copy filed.

Motion by Boykin second by Batcheller to receive Commission of Veteran Affairs Quarterly Report for the quarter ending September 30, 2004. Carried 4-0. Copy filed.

Motion by Walish second by Boykin to acknowledge the appointment of Andrew J. Linn, 1161 Michigan Ave., Pierson, for the office of Union Township Clerk to fill a vacancy previously held by Melvin F. Hoppe until the General Election of 2006. Carried 4-0. Copy filed.

Motion by Batcheller second by Boykin to authorize the Chairman to sign final farm-to-market contract payments for projects: FM-CO97(64)55-97, FM-CO97(65)55-97 and FM-CO97(66)55-97, per recommendation of County Engineer Richard Storm. Carried 4-0. Copy filed.

Motion by Batcheller second by Walish to adopt a Resolution vacating excess road right-of-way, per recommendation of the County Engineer. Carried 4-0.

WOODBURY COUNTY, IOWA

RESOLUTION NO. 9884

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 150th Street lying East of Dallas Avenue 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 150th Street established as Road No. 780 lying on the North Line of the NW of Section 35, T89N, R46W, Concord Township, Woodbury County, Iowa described as follows: Beginning at the North West Corner of said Section 35; thence east along the North Line of NW of said Section 35 to the North East Corner of the NW of said Section 35. Area to be vacated is all that portion of road right-of-way laying either side of said centerline, containing 4.0 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 9th day of November, 2004.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

The Board discussed bids received for Glen Ellen Sub-watershed Well Capping Project with John Pylelo from Planning and Zoning.

Motion by Batcheller second by Boykin to approve the bid of Kohlhof Well Service of Climbing Hill for $1,375.00. Carried 5-0.

Rick Schneider, Conservation Director, gave a presentation of Conservation Boards Annual Report.

Motion by Boykin second by Batcheller to receive the Conservation Boards Annual Report. Carried 4-0.

The Board received a request of funds from Rick Schneider for engineering services for Phase III of the Little Sioux Park Trail.

Motion by Walish second by Boykin to approve funding the engineering expense for Phase III of the Little Sioux Park Trail. Carried 4-0. 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.

Dick Storm, County Engineer, asked the Board to consider a project that needs to begin before cold weather sets in.

Motion by Walish second by Boykin to approve a quote from Christensen Brothers for $26,366.20 to perform maintenance bridge repair on County Route L-36 south of Correctionville. Carried 4-0.

The Board adjourned the regular meeting until November 23, 2004.