Minutes - 4/5/2005

APRIL 5, 2005 FOURTEENTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, April 5, 2005 at 9:00 a.m. Board members present were Batcheller, Boykin, Clausen, Monson, and Walish. Staff members present were Karen James, Board Administrative Coordinator, Jean Jessen, Deputy/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 Monson to approve the Board minutes of March 29, 2005 as submitted.
Carried 5-0. Copy filed.

Motion by Batcheller second by Clausen to approve the Board minutes of Executive Session #1 on
March 22, 2005 as submitted. Carried 5-0. Copy filed.

Motion by Batcheller second by Monson to approve the Board minutes of Executive Session #2 on
March 22, 2005 as submitted. Carried 5-0. Copy filed.

The Board approved the separation of Marvin E. Flewelling, Temporary Equipment Operator, Secondary Roads Dept., effective 03/28/2005. End of temporary work. Copy filed.

Motion by Walish second by Batcheller to approve and receive for signatures a Resolution proclaiming April 4-10, 2005 as National Public Health Week. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION # 9913
P R O C L A M A T I O N

WHEREAS, HEALTHY KIDS ARE BETTER LEARNERS, HEALTHY WORKERS ARE MORE PRODUCTIVE AND HEALTHY COMMUNITIES ATTRACT BUSINESS; AND

WHEREAS, PUBLIC HEALTH PROVIDES THE LEADERSHIP TO ENSURE THAT OUR HOMES, NEIGHBORHOODS AND COMMUNITIES ARE HEALTHY PLACES WHERE ALL PEOPLE , ESPECIALLY OUR CHILDREN, CAN THRIVE; AND

WHEREAS, THROUGH PARTNERING WITH COLLEAGUES FROM THE PUBLIC AND PRIVATE SECTOR, PUBLIC HEALTH MAXIMIZES AVAILABLE RESOURCES TO ENHANCE THE CAPACITY OF COMMUNITIES IN THE PROVISION OF QUALITY SERVICES THAT PROMOTE HEALTH AND A QUALITY ENVIRONMENT; AND

WHEREAS, WOODBURY COUNTY IS COMMITTED TO CREATING A CULTURE OF HEALTH IN WHICH RESIDENTS ARE FREE OF PREVENTABLE DISEASES AND INJURIES, HAVE ACCESS TO QUALITY HEALTH SERVICES, LIVE IN A HEALTHY PHYSICAL AND SOCIAL ENVIRONMENT AND HAVE A HIGH QUALITY OF LIFE THROUGHOUT THEIR LIFE SPAN; AND

WHEREAS, THE PUBLIC HEALTH COMMUNITY SERVES THE PEOPLE OF WOODBURY COUNTY BY IDENTIFYING AND ADDRESSING PATTERNS OF DISEASE, DISABILITY, ILLNESS, AND INJURY IN POPULATIONS; AND

WHEREAS, BY FOCUSING ON THE COMMUNITY FOR THE PROMOTION OF HEALTH AND PREVENTION OF DISEASE AND INJURY, PUBLIC HEALTH HAS CONTRIBUTED TO THE DECLINE IN MORTALITY, ILLNESS, AND INJURY, INCLUDING HEART DISEASE AND STROKES, TOBACCO-RELATED DISEASE, VACCINE-PREVENTABLE DISEASE, INFECTIOUS DISEASE, MOTOR VEHICLE AND WORKPLACE INJURIES; AND

WHEREAS, THE GOAL OF PUBLIC HEALTH WEEK IS TO EMPOWER IOWANS TO LIVE STRONGER, LONGER:

NOW, THEREFORE, We, THE WOODBURY COUNTY BOARD OF SUPERVISORS, DO HEREBY PROCLAIM THE WEEK OF APRIL 4-10, 2005, AS PUBLIC HEALTH WEEK.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Batcheller second by Walish to approve and authorize the Chairman to sign a Resolution setting public hearing for paving project LP 06(1)73-97. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION NO. 9914
NOTICE OF PUBLIC HEARING FOR PAVING PROJECT LP06(1)--73-97

WHEREAS, Woodbury County has proposed to pave a section of Derocher Path from Old Lakeport east approximately 0.5 miles to Elk Creek Road. Said project is located between Sections 17 and 20, Woodbury Township, T88N, R47W.

WHEREAS, said project is included in the FY 2005/06 Construction Program submitted to Iowa DOT for approval.

WHEREAS, said project does not meet 50 point minimum criteria developed for local funded paving.

THEREFORE, Woodbury County is required to schedule a public hearing and take action prior approval of the Construction Program by Iowa DOT and proceeding with the project.

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

That a public hearing on the proposed project shall be held on the 3rd day of
May, 2005 at 10:20 oclock a.m. in the meeting room of the Board of
Supervisors on the first floor of the Woodbury County Court House.

2. That this resolution be published as notice of the proposed hearing and action.

Dated this 5th day of April, 2005.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Clausen second by Monson to adopt a Resolution vacating excess road right-of-way
(a section of 158th Street severed by US 75 Bypass) per recommendation of the County Engineer.
Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION NO. 9915
A RESOLUTION VACATING EXCESS ROADWAY RIGHT-OF-WAY

WHEREAS, The Woodbury County Board of Supervisors in accordance with Section 306.10 (Code of Iowa), as amended, has determined that a portion of the roadway right-of-way of 158th Street is no longer used for roadway purposes due to the construction of the U..S. 75 Bypass. The portion to be vacated is described as follows and shown on the attached map:

A portion of 158th Street established as Road No. 821 lying on or near the North Line of SE SW of Section 31, T89N, R46 W Concord Township, Woodbury County, Iowa lying between the West Right-of-way and Controlled Access to the East Right-of-way and Controlled Access described as follows: Commencing at the NE Corner of the SE SW of said Section 31; thence west along the North Line of the SE SW of Section 31 for a distance of 155.08 feet to a point on the Easterly Right-of-Way and Controlled Access of U.S. Highway 75 the point of beginning; thence westerly along the said line for a distance of 817.4 feet to a point on the westerly Right-of-way and Controlled Access of U.S. Highway 75. Area to be vacated is 66 feet in width containing 1.24 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 or highway, but shall revert to public right-of-way of U.S. 75 pursuant to operation of law.

SO RESOLVED this 5th Day of April, 2005.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Clausen second by Walish to adopt a Resolution vacating excess road right-of-way (a portion along Derocher Path) per recommendation of the County Engineer. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION NO. 9916
A RESOLUTION VACATING EXCESS ROADWAY RIGHT-OF-WAY

WHEREAS, The Woodbury County Board of Supervisors in accordance with Section 306.10 (Code of Iowa), as amended, has determined that a portion of the roadway right-of-way of Derocher Path Lying east of Old Lakeport Road is no longer used for roadway purposes. The portion to be vacated is described as follows and shown on the attached map:

A portion of the excess right-of-way of Derocher Path lying in part of the NW NE of Section 20, T88N, R47 W Woodbury Township, Woodbury County, Iowa described as follows: Commencing at the N 1/4 of said Section 20; thence south along the West Line of the NE of said Section 20, the point of beginning; thence East parallel to and 33.0 feet south of the North Line of the NE of said Section 20 for a distance of 305.03 feet; thence South for a distance of 32.0 feet; thence west parallel to and 65.0 feet South of the North Line of the NE of said Section 20 for a distance of 174.0 feet; thence N 83 28 17 W for a distance of 131.93 feet to the West Line of the NE of said Section 20; thence North along the West Line of NE of said Section 20 for a distance of 17.0 feet to the beginning containing 0.20 acres, more or less. The North Line of the NE is assumed to bear North 90 East.

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 or highway, or public right-of-way, but shall revert to private ownership pursuant to operation of law.

SO RESOLVED this 5th Day of April, 2005
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed. Motion by Batcheller second by Monson to approve and authorize the Chairman to sign a Proposal from Certified Testing Services, Inc., to provide subsurface borings and exploration for two (2) proposed bridge replacement projects, per recommendation of the County Engineer. Carried 5-0. Copy filed.

Richard Storm, County Engineer, discussed with the Board the status of Secondary Road maintenance facilities and proposed improvements.

Motion by Clausen second by Walish for Dick Storm, County Engineer, to proceed with development of a lease with the City of Danbury. Carried 5-0.

Bid letting was held at 10:20 a.m. for a Front-End loader.

Bids were as follows:

Name
Front-End Loader Make/Model
Bid Trade-in Net Bid

Murphy Tractor, Sioux City
John Deere 644J 180 H.P.
$172,506.00 $44,000.00 $128,506.00

Road Machinery & Supplies, Sioux City
Komatsu WA 380-5 187 H. P.
$167,550.00 $24,000.00 $143,550.00

Ziegler Cat, Sioux City
Cat 960GII 196 H. P.
$176,289.00 $15,000.00 $161,289.00

Piorier Equipment, Sioux City
Case 821C 186 H. P.
$177,629.00 $28,000.00 $149,629.00

There were no further bids.

Motion by Batcheller second by Walish to receive the bids and refer them to Dick Storm, County Engineer, for review and recommendation. Carried 5-0. 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.

The Board adjourned the regular meeting until April 12, 2005.