Minutes - 3/7/2006

MARCH 7, 2006--TENTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, March 7, 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.

The Board canvassed the Sergeant Bluff-Luton Community School District Special Election held on February 28, 2006. Patrick F. Gill, Commissioner of Elections, announced there were eighteen (18) provisional ballots of which thirteen (13) were accepted and 1 (one) after-election absentee ballot to be considered. Official Canvass results were as follows:

For the Question: Shall the Board of Directors of the Sergeant Bluff-Luton Community School District in the County of Woodbury, State of Iowa, be authorized to contract indebtedness and issue General Obligation Bonds in an amount not to exceed $15,000,000 to provide funds to build, furnish and equip a new High School building, and to remodel, repair, improve, furnish and equip the existing High School building for a Middle School building?

In the Sergeant Bluff-Luton School District, there were one-thousand, six-hundred ninety-nine (1,699) ballots cast as follows:

For the question there were four-hundred, eighty-nine (489) votes cast.

Against the question there were one-thousand, two-hundred, and ten (1,210) votes cast.

We therefore declare the public measure not to be adopted.

Motion by Batcheller second by Monson to accept the official canvass of the Sergeant Bluff-Luton Community School District Special Election held on February 28, 2006. Carried 5-0. Copy filed.

Meeting called to order.

Motion by Walish second by Boykin to approve the Board minutes of the February 28, 2006 meeting as submitted. Carried 4-0, Monson abstained. Copy filed.

The Board approved the reclassification of Angela K. Larson, Senior Correctional Officer, County Sheriff Dept., $17.14/hour effective 03/23/2006. Per DSA contract agreement, from Class 1 to Senior Class.
Copy filed.

The Board approved the reclassification of Valerie S. Ping, Part-time Motor Vehicle Clerk II, County Treasurer Dept., $14.57/hour effective 03/28/2006. Per AFSCME Courthouse contract agreement, from Grade 4, Step 4 to Grade 4, Step 5. Copy filed.

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

Custodian, Building Services Dept. Entry level: AFSCME Courthouse/Grade 1: $10.16/hour

Temporary Custodian, Building Services Dept. Entry level: Comparability with AFSCME Courthouse/Grade 1: $10.16/hour.

Temporary Summer Laborers (6), Secondary Roads Dept. Entry level: $7.50-$9.00/hour based on experience with Woodbury County.

Temporary Summer Engineering Aide (2), Secondary Roads Dept. Entry level: $7.50-$12.00/hour based on experience with Woodbury County.

Carried 5-0. Copy filed.

Anna Stammat from New Perspectives, gave a presentation to the Board regarding designating March as Mental Retardation Awareness month.

Motion by Batcheller second by Monson to approve and receive for signatures a resolution proclaiming March 2006 Mental Retardation Awareness Month in Woodbury County. Carried 5-0.

RESOLUTION NO. #10,024
PROCLAMATION
IN SUPPORT OF MENTAL RETARDATION AWARENESS MONTH

WHEREAS mental retardation is a condition which affects more than 7 million Americans and their families; and

WHEREAS public awareness and education enhance a communitys understanding of the issues affecting people with mental retardation; and

WHEREAS the month of March has been designated National Mental Retardation Awareness Month, with more than 120,000 members and 1,000 chapters of the Arc undertaking public awareness, educational, and fundraising initiatives; and

WHEREAS The Arc of the United States is the nations leading volunteer-based organization advocating for and with people with mental retardation and related developmental disabilities and their families; and

THEREFORE the Woodbury County Board of Supervisors hereby proclaims March 2006

MENTAL RETARDATION AWARENESS MONTH

in Woodbury County, Iowa, and urges the citizens to give full support to efforts toward enabling people with mental retardation to live full and productive lives of inclusion in our communities.

SO RESOLVED this 7th day of March, 2006.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Batcheller second by Walish to approve lifting the tax suspension for Clara Ueding, as the mobile home has been sold. Carried 5-0. Copy filed.

Motion by Monson second by Boykin to appoint Tom Cooper to the Community Action Agency of Siouxland Board of Directors, Education Category. Carried 5-0. Copy filed.

The Board discussed the recommendations of the Zoning Commission for Ellis First Addition Subdivision (parcel #878941) preliminary plats, with John Pylelo, County Zoning Administrator.

Motion by Boykin second by Walish to approve the recommendation of the Zoning Commission regarding the preliminary plats and to approve the final plats for Ellis First Addition Subdivision (parcel #878941) and refer it to the Zoning Commission for review and recommendations. Carried 5-0.

The Board discussed the consideration of a request to receive a 2006 grant application from Missouri River Historical Development, Inc. (MRHD). Funds received from the grant will be used to refinish and restore the existing benches and chairs in the Woodbury County Courthouse to their original finish.

Motion by Boykin second by Walish to authorize the request, on behalf of the Woodbury County Courthouse Foundation. Carried 3-0, Monson and Clausen abstained.

The Board presented to Richard Mercer a resolution thanking and commending him for his years of service to Woodbury County.

Motion by Batcheller second by Boykin to approve and receive for signatures, a Resolution setting the final public hearing date for the final order of the establishment of Derocher Path Secondary Road Assessment District. Carried 5-0.

RESOLUTION NO #10,025
NOTICE OF FINAL PUBLIC HEARING FOR ESTABLISHMENT OF
DEROCHER PATH SECONDARY ROAD ASSESSMENT DISTRICT

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, residents abutting said section of Derocher Path have agreed to establishment of a secondary road assessment district to pay not less than 50% of cost of improvements.

WHEREAS, Woodbury County Board of Supervisors received the County Engineers Report in accordance with Chapter 311.8 Iowa Code on June 14, 2005 and held a public hearing to establish an assessment district on July 12, 2005.

THEREFORE, Woodbury County Board of Supervisors having heard and received all comments and objections now desires to establish said Derocher Path Secondary Road Assessment District in accordance with Chapter 311.16 Iowa Code.

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

1. That a public hearing to establish the final order on the proposed project shall be held
on the 28th Day of March, 2006 at 10:35 oclock AM in the meeting room of the Board of Supervisors on the first floor of the Woodbury County Courthouse.

2. The estimated cost of the improvement to the described section of Derocher Path is $222,000 in
accordance with the County Engineers Report. Fifty (50) percent of the proposed cost of the improvement to be paid by owners of those parcels abutting the described section of Derocher Path as listed below.

3. Ownership and Assessment Schedule:

Parcel No./Owner/Assessment

884717400020
Kanaly, Merwin E. & Elaine Ann $5,285.72

884717400026
Hubble, Mark A. $5,285.72

884717400027
Plueger, Duane A. & Kathy S. $5,285.72

884717400028
Tilton, Eleanor S. $5,285.72

884717400029
Strawn, Gary R. & Anita J. $5,285.72

884717400030
Matney, Edward H. $5,285.72

884717400031
Hacker, Charles & Mary $5,285.72

884717400032
Krull, Peter J. & Mary Julia $5,285.72

884717400033
Krei, Terry L. & Linda K. $5,285.72

884717400035
Jiroux, Clint & Linda $5,285.72

884720100011
Stokes, David B. & Carole A. $5,285.72

884720100012
Chedester, Glenn R. & Julianne $5,285.72

884720100013
De Rocher, Richard & Connie L. $5,285.72

884720100013
De Rocher, Richard & Connie L. $5,285.72

884720200011
Luse, Pat E. & Teresa J. $5,285.72

884720200012
Luse, Pat E. & Teresa J. $5,285.72

884720200010
Morningside Bbible Church $5,285.72

884720200002
Burnight, Randall L. & Deborah M. $5,285.72

884720200003
Luse Family Rev. Living Trust $5,285.72

884720200004
Luse Family Rev. Living Trust $5,285.72

884720200005
Luse Family Rev. Living Trust $5,285.72
TOTAL $111,000.12

4. That at said hearing the amount apportioned to any tract or parcel of land may be increased or decreased without further notice.

5. That all objections to the establishment of the district, to the apportionment report, to the proceedings relating to the district or report must be specifically made in writing and filed with the county engineer on or before noon of the day set for the hearing, and

6. That a failure to make and file such objections will be deemed a conclusive waiver of all such objections.

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

Dated this 7th day of March, 2006
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Batcheller second by Monson to approve and receive for signatures, a Resolution setting the public hearing date for a proposed bridge replacement public improvement and the acquisition of agricultural land, per recommendation of the County Engineer. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION # 10,026
NOTICE OF PUBLIC HEARING

WHEREAS, Woodbury County, Iowa intends to commence a public improvement project to construct a replacement of an existing bridge on L-36 over the Little Sioux River with a 490 x 30 concrete bridge and approach grading and paving of Osceola Avenue, and to acquire agricultural land for the project; and,

WHEREAS, under the provisions of Chapter 6B of the Iowa Code, a governmental body which proposes to acquire agricultural land under power of eminent domain for a public improvement project is required to hold a public hearing; and

WHEREAS, the owners of such agricultural land, the NE of Section 34, T89N, R42W, Union Township, Woodbury County, Iowa, which may be acquired in whole or in part for the public improvement project, have been notified by ordinary mail on February 24, 2006 and will be notified by publication on March 13, 2006 pursuant to Sections 6A.21(a) and 6B.2A of the Iowa Code.

IT IS HEREBY RESOLVED by the Board of Supervisors of Woodbury County, Iowa as follows:

1. That a public hearing on the proposed public improvement and proposed acquisition of agricultural shall be held on the 28th day of March, 2006 at 10:30 oclock a.m. in the meeting room of the Board of Supervisors on the first floor of the Woodbury County Courthouse.

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

SO RESOLVED this 7th day of March, 2006.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Fran Tonn from Great Plains International discussed the engineers recommendation with the Board.

There was no action taken to approve and award the bid for six single-axle trucks for the Secondary Roads Dept. to Holcomb Freightliner, bid price of $280,304.00, per recommendation of the County Engineer, Richard Storm.

Motion by Boykin second by Monson to approve and authorize the Chairman to sign a contract with Hallett Materials for the 2006 Maintenance Gravel Program, project #G-2006, in the amount of $807,330.00, per recommendation of the County Engineer. Carried 5-0. Copy filed.

The Board discussed the Woodbury County paved road system with Richard Storm, County Engineer.

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 March 14, 2006.