Minutes - 12/14/2004

DECEMBER 14, 2004 TWENTY-THIRD MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, December 14, 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.

Motion by Clausen second by Batcheller to go into Executive Session per Iowa Code Section 21.5(1)(j). Carried 5-0 on a roll call vote.

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

Meeting called to order.

Motion by Boykin second by Walish to approve the Board minutes of December 7, 2004 as submitted. Carried 5-0.

Motion by Batcheller second by Walish to approve the minutes of the Executive Session of December 7, 2004 as submitted. Carried 5-0.

The Board approved the separation of Amy J. Benjamin, Temporary Election Clerk, County Auditor/Recorder Dept., effective 12-03-04. End of Temporary Work. Copy filed.

The Board approved the separation of Rosalie L. Merrigan, Temporary Election Clerk, County Auditor/Recorder Dept., effective 12-03-04. End of Temporary Work. Copy filed.

The Board approved the separation of Dorrine F. Norby, Temporary Election Clerk, County Auditor/Recorder Dept., effective 12-03-04. End of Temporary Work. Copy filed.

The Board approved the separation of John W. Sanders, Jr., Correctional Officer, County Sheriff Dept., effective 12-22-04. Resignation. Copy filed.

Motion by Walish second by Batcheller to approve and authorize the Chairman to sign the Authorization to Initiate Hiring Process for an Economic Development Director, Board Administration, Wage Plan: $50,000 +/year (based on experience), and a Correctional Officer, County Sheriff Dept., DSA: $14.18/hr. Carried 5-0. Copy filed.

Kathy Mengel from First Administrators discussed with the Board the status of the Countys health insurance plan and made recommendations on future status.

Diane Swoboda Peterson and Rick Schneider conducted the United Way drawings.

The Board discussed the applicants and appointment to fill expiring term on the Woodbury County Zoning Commission.

Motion by Batcheller second by Walish to appoint Grady Marx to fill the expiring term of Terree Ritz on the Woodbury County Zoning Commission, effective January 1, 2005. Carried 5-0. Copy filed.

The Board discussed applicants and appointment to fill expiring term on the Woodbury County Board of Adjustment.

Motion by Boykin second by Walish to reappoint Corey Meister on the Woodbury County Board of Adjustment, effective January 1, 2005. Carried 5-0. Copy filed.

Motion by Batcheller second by Walish to postpone action to create a Homeland Security Department for Woodbury County. Carried 5-0.

Motion by Batcheller second by Clausen to authorize the Chairman to sign a contract and bonds with Elkhorn Construction Co., Sergeant Bluff, in the amount of $407,231.42 for Project No. BROS-CO97(51)5F-97, per recommendation of the County Engineer. Carried 5-0. Copy filed.

Motion by Walish second by Boykin to authorize the Chairman to sign a contract and bonds with Graves Construction Co. Inc., Melvin, IA in the amount of $365,038.61for Project No. BROS-CO97(69)5F-97, per recommendation of the County Engineer. Carried 5-0. Copy filed.

Motion by Boykin second by Clausen to authorize the Chairman to sign a contract and bonds with L.A. Carlson Contracting, Merrill, IA in the amount of $26,097.50 for Project No. LC-05(2)73-97, per recommendation of the County Engineer. Carried 5-0. Copy filed.

Motion by Clausen second by Boykin to approve and receive for signatures a resolution designating a snowmobile route. Carried 5-0.

WOODBURY COUNTY, IOWA

RESOLUTION # 9889
RESOLUTION DESIGNATING SNOWMOBILE TRAILS

WHEREAS, POWDER PLAYERS, INC. SNOWMOBILE CLUB, has requested that the WOODBURY COUNTY BOARD OF SUPERVISORS, designate the following portions of Woodbury County roadway to be used as snowmobile trails; L-14 from the Plymouth County Line to D-12 and D-12 from Highway 140 East to the West city limits of Pierson, Iowa, AND;

WHEREAS, Chapter 321G of the Code of Iowa allows the WOODBURY COUNTY BOARD OF SUPERVISORS to designate portions of roadway for snowmobile trail use for a specified period of time, AND;

WHEREAS, in accordance with Chapter 321G.9 of the Code of Iowa, the WOODBURY COUNTY BOARD OF SUPERVISORS has evaluated the traffic patterns of the roadways requested to be designated as snowmobile trails and has determined that a designated snowmobile trail on portions of said roadways will not unduly interfere with traffic or constitute a traffic hazard, AND;

WHEREAS, Section 321G.28 of the Code of Iowa does not require approval from the Iowa Department of Transportation for merely designating a portion of a county roadway as a snowmobile trail, AND;

WHEREAS, the WOODBURY COUNTY BOARD OF SUPERVISORS has agreed to designate the requested portions of Woodbury County roadways as snowmobile trails, AND;

WHEREAS, the POWDER PLAYERS INC. SNOWMOBILE CLUB agrees to sponsor said snowmobile trails, AND;

WHEREAS, the POWDER PLAYERS INC. SNOWMOBILE CLUB agrees to provide all designations and signs to be erected along said trails for the use of the club members, AND;

WHEREAS, the POWDER PLAYERS INC. SNOWMOBILE CLUB agrees to place and maintain any signs necessary to warn traffic of the operation of snowmobiles along said trails and roadways, AND;

WHEREAS, POWDER PLAYERS INC. SNOWMOBILE CLUB agrees that all members and any guest or associates using said designated trail shall comply with the provisions of Chapter 321G of the Code of Iowa and further agree that any violations of said Code Chapter shall be considered grounds for terminating the designation of said snowmobile trail, AND;

WHEREAS, POWDER PLAYERS INC. SNOWMOBILE CLUB agrees to hold and save WOODBURY COUNTY harmless from any and all liability resulting from injuries, loss or damages, including damages to equipment, of any kind to club members, guests or other persons using said snowmobile trail, or those whose injuries or damages are a result of the use of said trails by members, guests, or other persons using said snowmobile trail, AND;

WHEREAS, POWDER PLAYERS INC. SNOWMOBILE CLUB shall submit proof of insurance coverage, covering all persons participating in any club activities on or along the designated snowmobile trails to the Woodbury County Auditor within fifteen days of the passage of this resolution and agrees that failure to do so shall constitute grounds for the Board of Supervisors revoking this resolution.

WHEREAS, WOODBURY COUNTY does not warrant the condition of the county road right-of-way which will be designated as a snowmobile trail to be fit for any particular purpose nor, does it warrant against any hazards that may exist as a result of snow plowing or other necessary road work on the public road along side said trail.

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

1. The following roadway is hereby designated as a snowmobile trail for the
POWDER PLAYERS INC. SNOWMOBILE CLUB and may be used for
snowmobile operation from December 1, 2004 through March 31, 2005:

a. L-14 from Plymouth County Line to D-12, and
b. D-12 from Highway 140 East to the West City limits of
Pierson, Iowa.

SO RESOLVED this 14th day of December, 2004.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Bob Knowler, Woodbury County Treasurer, addressed the Board regarding approval of tax abatement on various parcels.

Motion by Walish second by Batcheller to approve tax abatement for the following parcels:

1. Amie M. Reiter and Chris M. Libolt - Building on leased land for an abandoned and disposed of mobile home. Parcel 984008

2. Sarah Elizabeth and Gary Colin Kochevar - Building on leased land for abandoned and disposed of mobile home. Parcel #981099

3. Melanie Blakely - Building on leased land for mobile home moved to Monona County. Parcel #765842

4. Estevan M or Brandy S. Diego - Building on leased land for mobile home disposed of by mobile home park. Parcel #981430

5. CMC Real Estate Corp. - Erroneous drainage tax. Parcel #692716

Carried 5-0. Copy filed.

Mark Elgert discussed purchase of propane vaporizer for Climbing Hill boiler.

Motion by Batcheller second by Clausen to approve the purchase of propane vaporizer for Climbing Hill boiler. Carried 5-0. Copy filed.

Motion by Boykin second by Walish to approve the payment of a claim for the repair of Terra Cotta from infrastructure funds. Carried 4-1, Welte opposed.

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

Cal Tyer discussed the Woodbury County Fair needs with the Board.

The Board adjourned the regular meeting until December 21, 2004.