Minutes - 10/25/2005

OCTOBER 25, 2005 FORTY-FIRST MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, October 25, 2005 at 9:00 a.m. Board members present were Batcheller, Boykin, Clausen, Monson, and Walish. Staff members present were Karen James, Board Administrator, Suzanne Coburn-Van Veen, Assistant County Attorney, and Patrick F. Gill, Auditor/Clerk to the Board.

The Claims were approved as presented. Copy filed.

The Board canvassed the Anthon-Oto and Maple Valley Community School District Merge Special Election held on October 18, 2005. Victoria Ritz, Deputy Commissioner of Elections, announced there were three (3) provisional ballots of which none were accepted and there were no after-election absentee ballots to be considered. Official Canvass results were as follows:

For the Question: Shall the Maple Valley Community School District and the Anthon-Oto Community School District be reorganized to form a new school district known as the Maple Valley - Anthon Oto Community School District to include the territory legally described in the published Decision of the Board of Directors of Western Hills Area Education Agency 12 regarding the Petition for the Reorganization of the Maple Valley Community School District and the Anthon-Oto Community School District, shall the initial board of directors be comprised of five (5) directors appointed in accordance with Iowa Code Section 275.41, with three (3) directors appointed from the Maple Valley Community School District Board of Directors, and two (2) directors appointed by the Anthon-Oto Community School District Board of Directors, shall the proposed school district be governed thereafter by a regular board of directors comprised of five (5) directors, shall the method of election for the regular board be the election of five directors with the new district divided into five single-member director districts, each district being represented by a resident of that district, and with all directors elected by the electors of the entire district as set forth in Iowa Code Section 275.12(2)(b), and shall the assets and liabilities of the two districts merge with the exception of the long-term bonded debt of the Maple Valley Community School District which shall remain the sole responsibility of the taxpayers residing in the historical territory of the Maple Valley Community School District?

In the Anthon-Oto School District, there were six-hundred, thirty-five (635) ballots cast as follows:
For the question there were two-hundred, twenty-two (222) votes cast.
Against the question there were four-hundred, thirteen (413) votes cast.

We therefore declare the public measure not to be adopted.

Motion by Clausen second by Walish to accept the official canvass of the Anthon-Oto and Maple Valley Community School District Merge Special Election held on October 18, 2005. Carried 5-0. Copy filed

Meeting called to order.

Motion by Batcheller second by Walish to approve the Board minutes of October 18, 2005 as submitted. Carried 5-0. Copy filed.

The Board approved the salary correction for John P. Carr, Equipment Operator, Secondary Roads Dept., retro pay: $828.43, effective 07/01/2004. Correction of fiscal year 2004/2005 HTE omission of fiscal year salary increase. Copy filed.

The Board approved the appointment of Michael T. McDonald, Full-time Custodian, Building Services Dept., $10.16/hour, effective 10/26/2005. Job vacancy posted 05/10/2005. From Part-time to Full-time Custodian at current wage. Copy filed.

The Board approved the reclassification of Michael A. Gray, District Foreman, Secondary Roads Dept., $46,500/year, effective 11/03/2005. Per wage plan matrix probationary salary level to 3 year matrix salary level of $46,500/year. Copy filed.

The Board approved the reclassification of Jackie R. Bates, Rural Economic Development Clerk II, $14.36/hour, effective 11/07/2005. Per AFSCME Courthouse contract agreement, from Grade 3 Step 4, to Grade 3, Step 5. Copy filed.

The Board approved the reclassification of William J. Graves, Correctional Officer, County Sheriff Dept., $15.31/hour, effective 11/18/2005. Per D. S. A. contract agreement, from Class 3 to Class 2.

The Board discussed a Building Services personnel request with Mark Elgert, Building Superintendent.

Motion by Clausen second by Monson to approve the creation of a working night shift supervisor, and to authorize funding an authorized/unfunded custodial position for the Building Services Dept. Carried 5-0. Copy filed.

Motion by Clausen second by Monson to approve and authorize the Chairman to sign a Request to Deauthorize a County Position for a Part-time Day Custodian and (1) Night Shift Lead Custodian.
Carried 5-0. Copy filed.

Motion by Clausen second by Monson to approve and authorize the Chairman to sign an Authorization to Initiate Hiring Process for the following positions:

(New position) Night Shift Supervisor*, Building Services Dept.
Entry level: AFSCME Courthouse contract Grade 6. Wage placement per Union contract.

(1) Custodian*, Building Services Dept.
Entry level: AFSCME Courthouse contract Grade 1: $10.16/hour. *Position currently authorized, but unfunded.

In-house posting for Lead Custodian, Building Services Dept.
Entry level: AFSCME Courthouse Contract Grade 2. Wage placement per Union contract.

Carried 5-0. Copy filed.

The Board discussed the proposed County safety policy, with Human Resources Director J. D. Pellersels. Motion by Batcheller second by Walish to approve and adopt the County safety policy. Carried 5-0. Copy filed.

Motion by Batcheller second by Clausen to receive the County Auditors Quarterly Report for the 1st quarter ending 09/30/2005. Carried 5-0. Copy filed.

The Board discussed sources of funding for architectural fees for Courthouse Restoration Phase VIII, with Dennis Butler, County Budget/Tax Analyst.

Motion by Clausen second by Batcheller to approve using the Riverboat Fund as the funding source for architectural fees for Courthouse Restoration Phase VIII. Carried 5-0.

The Board discussed long distance phone services for the Emergency Management Services and Sheriff Offices in Climbing Hill, and the Treasurers Office in Anthon, with John Malloy, Director Information Technology WCICC.

Motion by Batcheller second by Walish to continue to contract with McCleod for one year and an additional year if required after additional information is gathered. Carried 5-0.

A Public Hearing was held at 10:25 a.m. on the adoption of the Woodbury County Pre-Disaster Local Hazard Mitigation Plan. The Chairman called on anyone wishing to be heard.

Motion by Clausen second by Batcheller to close the public hearing on the adoption of the Woodbury County Pre-Disaster Local Hazard Mitigation Plan, as there was no one present wishing to be heard. Carried 5-0.

Motion by Walish second by Monson to approve and authorize the Chairman to sign a Resolution approving the minutes of the Woodbury County Pre-Disaster Local Hazard Mitigation Planning meetings. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION #9974

Approval of Minutes of Woodbury County Pre-Disaster Local Hazard Mitigation Plan Meetings

WHEREAS, the County of Woodbury, Iowa entered into an agreement to work with the Woodbury County Emergency Management Agency and the Siouxland Interstate Metropolitan Planning Council (SIMPCO) to develop a Pre-Disaster Local Hazard Mitigation Plan for the County of Woodbury; and

WHEREAS, the Woodbury County Pre-Disaster Local Hazard Mitigation Plan was prepared in compliance with the Pre-Disaster Mitigation planning requirements of the Pre-Disaster Mitigation Act of 2000 provided by the Iowa Homeland Security and Emergency Management Division; and

WHEREAS, Woodbury County Pre-Disaster Local Hazard Mitigation Planning Committee held several planning meetings, shared and gathered information to develop the Woodbury County Pre-Disaster Local Hazard Mitigation Plan, and

WHEREAS, the planning meetings and minutes are attached to this resolution.

NOW THEREFORE, BE IT RESOLVED By the Board of Supervisors of the County of Woodbury that the planning minutes for the Woodbury County Pre-Disaster Local Hazard Mitigation Plan for the County of Woodbury, Iowa is hereby approved.

Passed and approved this 25th day of October, 2005.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Walish second by Clausen to approve and authorize the Chairman to sign a Resolution adopting the Woodbury County Pre-Disaster Local Hazard Mitigation Plan. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION #9975

Adoption of the Woodbury County Pre-Disaster Local Hazard Mitigation Plan

WHEREAS, the County of Woodbury, Iowa entered into an agreement to work with the Woodbury County Emergency Management Agency and the Siouxland Interstate Metropolitan Planning Council (SIMPCO) to create a Pre-Disaster Local Hazard Mitigation Plan for the County of Woodbury; and

WHEREAS, the Woodbury County Pre-Disaster Local Hazard Mitigation Plan was prepared in compliance with the Pre-Disaster Mitigation planning requirements of the Pre-Disaster Mitigation Act of 2000 provided by the Iowa Homeland Security and Emergency Management Division; and

WHEREAS, the Woodbury County Pre-Disaster Local Hazard Mitigation Plan identifies the countys potential hazards in the county; and

WHEREAS, the Woodbury County Pre-Disaster Local Hazard Mitigation Plan includes a profile of hazard events, a vulnerability assessment, evaluation of mitigation goals and a plan maintenance process, and

WHEREAS, the County of Woodbury set October 25th, 2005, as a public hearing date to review, and adopt the plan; and

WHEREAS, the Woodbury County Board of Supervisors set October 25th, 2005, as a public hearing date to review, and adopt the plan; and

WHEREAS, there were no objections at the hearing or submitted in writing;

NOW THEREFORE, BE IT RESOLVED By the Board of Supervisors of the County of Woodbury that the Pre-Disaster Local Hazard Mitigation Plan for the County of Woodbury, Iowa is hereby approved and adopted.

Passed and approved this 25th day of October, 2005.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Gary Brown, Emergency Services Director, gave a presentation to the Board on an emergency action plan in the event of failure of the Glen Ellen Sub-watershed/Little Sioux River Watershed.

Motion by Monson second by Clausen to approve and authorize the Chairman to sign an emergency action plan for the Glen Ellen Sub-watershed/Little Sioux River Watershed. Carried 5-0. Copy filed.

Motion by Batcheller second by Clausen to receive the recommendation of County Engineer Richard Storm for calcium chloride bid letting and award the bid to Scotwood Industries, Shawnee Mission, KS, to furnish 180 tons @ $390.00/ton for a total cost of $70,200.00. Carried 5-0. Copy filed.

Motion by Monson second by Clausen to approve and authorize the Chairman to sign a Resolution setting a public hearing for sale of excess right-of-way, on November 15, 2005 at 10:15 a.m. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION #9976
NOTICE OF PROPERTY SALE

WHEREAS Woodbury County, Iowa is the owner of Excess Right-of-Way real estate described as:

All that part of the Northwest Quarter (NW ) of Section 20, Township 87 North, Range 46 West of the 5th Principal Meridian, Woodbury County, Iowa commencing at the Southeast (SE) corner of the NW , (also known as the Center Quarter corner) of Section 20, T87N, R46W, thence North 89 27 00 West along the South line of the NW of said Section 20, T87N, R46W, 204.47 feet, thence North 39 54 59 West 1,329.51 feet, thence North 49 41 45 East 181.82 feet to the Point of Beginning, thence continuing North 49 41 45 East 75.00 feet, thence South 39 54 59 East 231.55 feet, thence South 50 05 01 West 75.00 feet, thence North 39 54 59 West 231.04 feet to the Point of Beginning. Said tract contains 0.40 acre and is subject to easements of record. The East line of the Northwest Quarter (NW ) of Section 20, T87N, R46W is assumed to bear due North.

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

1. That said Board proposes to sell the said real estate at a public auction to be held on the 15th day of November 2005, immediately following the closing of the public hearing.

2. That a public hearing on the aforesaid proposal shall be held on the 15th day of November, 2005 at 10:15 AM in the Board of Supervisors Meeting Room on the first floor of the Woodbury County Courthouse.

3. That said Board proposes to sell the said real estate to the highest bidder at or above the minimum bid of $2,000.

4. That each bidder must have a certified letter of credit from an Iowa bank or any bank located outside of Iowa which is chartered under the laws of the United States, or a certified letter of credit drawn on a credit union in Iowa or chartered under the laws of the United States, for the amount of one-hundred and ten percent (110%) of the total purchase price. A cash down payment shall be equal to or in excess of five percent (5%) of the total purchase price. Should the bidder receiving the award fail to execute a satisfactory contract within fourteen (14) days after tender of the prescribed forms to the County Engineer, unless additional time is allowed by the Engineer, the cash shall be forfeited or the check shall be cashed and the full amount retained by the County as fixed or liquidated damages.

5. That the sale of the said real estate, shall be subject to easement of record, zoning regulations and upon the conditions that the tract, parcel, or piece of land so sold shall not be used in any manner so as to interfere with the use of the highway by the public, or endanger public safety in the use of the highway, or the material damage to the adjacent owner(s).

Dated this 25th day of October 2005.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Batcheller second by Clausen to approve and authorize the Chairman to sign a Resolution designating 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, as a snow mobile route, per recommendation of the County Engineer. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION #9977
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 e 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, OWDER 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, 2005 through March 31, 2006:

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 25th day of October, 2005
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 November 1, 2005.