Minutes - 2/21/2006

FEBRUARY 21, 2006--EIGHTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, February 21, 2006 at 9:00 a.m. Board members present were Batcheller, Boykin, Clausen, Monson; and Walish. Staff members present were Karen James, Board Administrative Coordinator, Patrick F. Gill, Auditor/Clerk to the Board and Bobbier Johnson, Assistant County Attorney.

The Claims were approved as presented. Copy filed.

Meeting called to order.

Motion by Boykin second by Monson to approve the Board minutes of the February 14, 2006 meeting as submitted. Carried 4-0, Walish abstained. Copy filed.

The Board approved the separation of Rebecca M. LeGore-Post, Court Security Supervisor, County Sheriff Dept., effective 02/23/2006. Resignation. Copy filed.

The Board approved the reclassification of Margaret J. Napier, Zoning Clerk II, Planning and Zoning Dept., $11.71/hour, effective 03/01/2006. Per AFSCME Courthouse contract agreement from Grade 3, Step 1 to Grade 3, Step 2. Copy filed.

The Board approved the reclassification of Dawn R. Anderson, Vital Statistics Clerk III, County Auditor/Recorder Dept., $16.95/hour effective 03/04/2006. Per AFSCME Courthouse contract agreement from Grade 6, Step 4 to Grade 6, Step 5. Copy filed.

The Board approved the separation of Arnold J. Grell, Equipment Operator, Secondary Roads Dept., effective 03/31/2006. Retirement. Copy filed.

Motion by Boykin second by Batcheller to approve and authorize the Chairman to sign an Authorization to Initiate Hiring Process for:

Equipment Operator, Secondary Roads Dept. Entry level: CWA $15.60/hour.
Court Security Supervisor, County Sheriff Dept. Entry level: DSA in-house $20.54/hour.

Carried 5-0. Copy filed.

There was no action taken to approve and authorize the Chairman to sign a project completion certificate.

Motion by Boykin second by Batcheller to appoint Judy Stafford to the Judicial Magistrate Nomination Commission. Carried 5-0. Copy filed.

The Public Hearing and Sale of Property for Parcel #503670 (aka 3315 Marshall Avenue) was held at 10:15 a.m. The Chairman called on anyone wishing to be heard on said sale.

Motion by Boykin second by Batcheller to close the Public Hearing and Sale of Parcel #503670. Carried 5-0.

The Chairman called for bids on Real Estate Parcel #503670.

Scott Weigel bid $285.00 plus recording fees.

There were no further bids.

Motion by Batcheller second by Walish to accept the bid of $285.00 plus recording fees, from Scott Weigel. Carried 5-0. Copy filed.

RESOLUTION OF THE BOARD OF SUPERVISORS
OF WOODBURY COUNTY, IOWA:
RESOLUTION # 10015

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

By Scott Weigel and Kris Weigel as joint tenants and not as tenants in common in the sum of Two Hundred Eighty-Five and 00/100 dollars ($285.00)

For the following described real estate, To Wit:

Parcel #503670
Except N. 10 Ft. E. 66 Ft. of Lot 3 and E. 66 Ft. of Lot 4 and West Vacated Cornelia St.
Abutting, Block 17 of Table Addition, City of Sioux City (3315 Marshall Ave.)

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 21st day of February, 2006.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

The Public Hearing and Sale of Property for Parcel #036570 (aka 819 10th Street) was held at 10:17 a.m. The Chairman called on anyone wishing to be heard on said sale.

Motion by Walish second by Batcheller to close the Public Hearing and Sale of Parcel #036570. Carried 5-0.

The Chairman called for bids on Real Estate Parcel #036570.

Salvador Carache bid the minimum bid of $318.00 plus recording fees.

There were no further bids.

Motion by Boykin second by Walish to accept the bid of $318.00 plus recording fees, from Salvadore Carache. Carried 5-0. Copy filed.

RESOLUTION OF THE BOARD OF SUPERVISORS
OF WOODBURY COUNTY, IOWA:
RESOLUTION # 10016

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

By Salvador Carrasco and Loretto Carrasco as joint tenants and not as tenants in common in the sum of Three Hundred Eighteen and 00/100 dollars ($318.00).

For the following described real estate, To Wit:

Parcel #036570
E. 75 Ft. Lot 7 and E. 75 Ft. South 45 Ft. Lot 8, Block 120, Sioux City East Addition, City of Sioux City, Woodbury County, IA (819 10th St.)

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 21st day of February, 2006.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

The Public Hearing and sale of Real Estate Parcel #116340 was held at 10:19 a.m. The Chairman called on anyone wishing to be heard on said sale.

Motion by Batcheller second by Monson to close the Public Hearing on the sale of Real Estate Parcel #116340 to correct a legal description, as there was no one present wishing to be heard on said sale. Carried 5-0.

Motion by Boykin second by Walish to approve the sale of Real Estate Parcel #116340 to Ronald Seibold, Sr. and Joyce Seibold, to correct a legal description on the original sale of September 20, 2005. Carried 5-0.

RESOLUTION OF THE BOARD OF SUPERVISORS
OF WOODBURY COUNTY, IOWA:
RESOLUTION # 10017

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

By Ronald Seibold, Sr. and Joyce Seibold as joint tenants and not as tenants in common in the sum of Two hundred thirty-eight and 00/100 dollars ($238.00).

For the following described real estate, To Wit:

Parcel #116340
S. 99.1 Ft. Lot 29, Coles Outlots, City of Sioux City, Woodbury County, Iowa (aka 1117 Pacific St.)

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 21st day of February, 2006.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Boykin second by Monson to approve and authorize the Chairman to sign a Resolution approving the suspension of taxes for Kathy A. Huber, 417 Prescott Street, Sioux City, IA. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION #10,018
RESOLUTION APPROVING PETITION FOR SUSPENSION OF TAXES

WHEREAS, Kathy A. Huber, is the titleholder of property located at 417 Prescott St., City of Sioux City, Woodbury County, Iowa, and legally described as follows:

Parcel #894730152015

Lot Four (4) Block Twelve (12) South Ten Feet (S 10 ft) Lot Five (5) Block Twelve (12)
Highland Three Addition
WHEREAS, Kathy A. Huber as titleholder 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 21st day of February, 2006.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Boykin second by Walish to approve lifting the tax suspension for Donovan and Betty Chrestensen, per their request. Carried 5-0. Copy filed.

Motion by Batcheller second by Walish to appoint John R. Small, 4629 46th Street, Sioux City, IA, to the Commission to Assess Damages Category A, Owner/Operators of Agricultural Property. Carried 5-0. Copy filed.

Motion by Batcheller second by Boykin to receive and approve the proposal from Calhoun-Burns and Associates, Incorporated for the 2006 bridge inspection and rating program, per recommendation of the county engineer. Carried 5-0. Copy filed.

Bid letting was held at 10:25 a.m. for maintenance culvert pipe project #CP-2006. Bids were as follows:

Name / Bid Amount

Northern Iowa Construction Products
Cedar Rapids, IA $54,965.50

Johnston Fargo Culvert, Inc.
St.Paul,MN $57,575.90

Metal Culverts, Inc.
Jefferson City, MO $66,303.68

Midwestern Culvert, Ltd.
Ankeny, IA $62,120.94

Utility Equipment Co.
Sioux City, IA $72,581.89

There were no further bids.

Motion by Boykin second by Monson to receive the bids for maintenance culvert pipe project #CP-2006 and submit them to the county engineer for review and recommendation. Carried 5-0. Copy filed.

The Board discussed a proposal from Halletts Materials for the 2006 maintenance gravel program with the county engineer.

Motion by Boykin second by Monson to approve and authorize the Chairman to sign a Resolution approving the adoption of a construction evaluation procedure, relating to the construction of a confinement feeding operation structure. Carried 5-0.

RESOLUTION #10,019
CONSTRUCTION EVALUATION RESOLUTION

WHEREAS, Iowa Code Section 459.304(3) sets out the procedure if a board of supervisors wishes to adopt a construction evaluation resolution relating to the construction of a confinement feeding operation structure; and

WHEREAS, only counties that have adopted a construction evaluation resolution can submit to the Department of Natural Resources (DNR) an adopted recommendation to approve or disapprove a construction permit application regarding a proposed confinement feeding operation structure; and

WHEREAS, only counties that have adopted a construction evaluation resolution and submitted and adopted recommendation may contest the DNRs decision regarding a specific application; and

WHEREAS, by adopting a construction evaluation resolution the board of supervisors agrees to evaluate every construction permit application for a proposed confinement feeding operation structure received by the board of supervisors between March 1, 2006 and February 28, 2007 and submit an adopted recommendation regarding that application to the DNR; and

WHEREAS, the board of supervisors must conduct an evaluation of every construction permit application using the master matrix created in Iowa Code section 459.305, but the boards recommendation to the DNR may be based on the final score on the master matrix or may be based on reasons other than the final score on the master matrix.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF WOODBURY COUNTY that the Board of Supervisors hereby adopts this construction evaluation resolution pursuant to Iowa Code Section 459.304(3)

SO RESOLVED this 21st day of February , 2006.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Planning and Zoning Administrator John Pylelo, presented the Board with an update on zoning and subdivision ordinances.

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 February 28, 2006.