Minutes - 4/4/2006

APRIL 4, 2006--FOURTEENTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, April 4, 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 Batcheller second by Boykin to approve the Board minutes of the March 28, 2006 meeting as submitted. Carried 5-0. Copy filed.

The Board approved the separation of William E. Adkins, Temporary Equipment Operator, Secondary Roads Dept., effective 03/31/2006. End of temporary work. Copy filed.

The Board approved the promotion of Alan T. Shinkunas, Court Security Supervisor, County Sheriff Dept., $20.54/hour, effective 04/05/2006. In-house posting 03/09/2006. Salary per DSA contract agreement of $20.54/hour. Copy filed.

The Board approved the appointment of Elven C. Merritt, Jr., Temporary Aide, Social Services Dept., $5.50/hour, effective 04/05/2006. Not to exceed 120 days. Copy filed.

The Board approved the appointment of Kari R. Dobbs, Correctional Officer, County Sheriff Dept., $14.18/hour, effective 04/21/2006. Job vacancy posted 01/27/2006. Entry level salary $14.18/hour. Copy filed.

Motion by Walish second by Monson to approve and authorize the Chairman to sign an Authorization to Initiate Hiring Process for an in-house female Court Security Officer, County Sheriff Dept. Entry level: DSA, $14.18/hour or per DSA contract. Carried 5-0. Copy filed.

Motion by Boykin second by Batcheller to approve and authorize the Chairman to sign a Resolution for suspension of taxes for James C. Epperson, 1307 Summit Street, Sioux City. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION #10,039
RESOLUTION APPROVING PETITION FOR SUSPENSION OF TAXES

WHEREAS, James C. Epperson, is the titleholder of property located at 1307 Summitt Street., City of Sioux City, Woodbury County, Iowa, and legally described as follows:

Parcel #894782101008

East 50 Feet North 26 Feet Lot 8 Block 78 East 50 Feet South 14 Feet Lot 9 Block 78, Sioux City East Addition, City of Sioux City, Woodbury County, Iowa
WHEREAS, James C. Epperson 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 4th day of April, 2006.
WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Boykin second by Monson to set the Public Hearing and Sale of property parcel #554820 (a.k.a. 3245 Floyd Blvd.) on April 18, 2006 at 10:15 a.m. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION #10,040
NOTICE OF PROPERTY SALE
Parcel #554820

WHEREAS Woodbury County, Iowa was the owner under a tax deed of a certain parcel of real estate described as:

Auditors Plat of Vacated and Unplatted Parts of 11-89-47 Vacated Alley, Adj. Tax Lots 6 and 8 Northeasterly 166.6 ft Tax Lot 7, Except Northeasterly 95.2 ft Southwesterly 261.8 ft Adj. Lot 6, LL-SC Comm., City of Sioux City, Woodbury County, Iowa (3245 Floyd Blvd.)

NOW THEREFORE,

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

1. That a public hearing on the aforesaid proposal shall be held on the 18th Day of April, 2006 at 10:15 oclock a.m. in the meeting room of the Board of Supervisors on the first floor of the Woodbury County Courthouse.

2. That said Board proposes to sell the said parcel of real estate at a public auction to be held on the 18th Day of April, 2006, immediately following the closing of the public hearing.

3. That said Board proposes to sell the said real estate to the highest bidder at or above a total minimum bid of $ 103.00 plus recording fees.

4. That this resolution, preceded by the caption 'Notice of Property Sale' and except for this subparagraph 4 be published as notice of the aforesaid proposal, hearing and sale.

Dated this 4th Day of April, 2006.
WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Monson second by Walish to approve and authorize the Chairman to sign a Class C Liquor License renewal, with Sunday Sales privileges, outdoor service, and catering, for T-Shots, 3113 Hwy 75, Sloan. Carried 5-0. Copy filed.

Roger Schultz, Marketing Director for the Sioux City Convention Center, and Dee Polak, with Downtown Partners, extended an invitation to the Board to attend the Western Iowa Awards Ceremony for County Supervisors.

Motion by Walish second by Batcheller to approve and receive for signatures a Resolution establishing the 2006 Weed Destruction Program, per recommendation by the County Engineer. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION NO. #10,041
WEED DESTRUCTION ORDER

WHEREAS, it is the responsibility of each of Iowa Countys Board of Supervisors to enforce the provisions of Chapter 317 of the Code of Iowa as amended with regard to the destruction of weeds, and

WHEREAS, under Chapter 317 of the Code of Iowa as amended each county Board of Supervisors must prescribe and order a program of weed destruction to be followed by landowners, tenants, and other persons in possession or control of land, and

WHEREAS, it has been determined by the Woodbury County Board of Supervisors that a program of weed destruction for the year 2006 is necessary,

NOW THEREFORE,

BE IT RESOLVED by the Board of Supervisors of Woodbury County, Iowa that each landowner, tenant or other person in possession or control of private land shall on or before the dates stated below, destroy the below-listed noxious weeds on their land by spraying them with a suitable herbicide in a strength sufficient to kill such weeds.

1. May 26, 2006 - for musk, thistle, sow thistle, bull thistle, leafy spurge, perennial pepper grass, sour dock perennial, smooth dock perennial, and sheep sorrel perennial.

2. June 2, 2006 - for Canada thistle, Russian knapweed, buckhorn perennial, wild mustard annual, horse nettle, and teasel biennial.

3. June 9, 2006 - for field bindweed, wild carrot biennial, and quack grass.

4. June 16, 2006 - for butterprint annual, puncture vine annual, and cocklebur annual.

5. July 14, 2006 - for wild sunflower annual and poison hemlock.

6. October 2, 2006 - all thistles in the rosette stage.

BE IT FURTHER RESOLVED AND ORDERED that all weeds on county trunk and local roads and between the fence lines of such roads, whether they be noxious weeds or other weeds, shall be cut or otherwise destroyed, to prevent seed production, by the owner of the land adjoining the road on or before June 23, 2006.

BE IT FURTHER RESOLVED that weeds that are not destroyed in compliance with the above order may be destroyed by the Weed Commissioner, and the costs of destruction by the Weed Commissioner, including the cost of serving notice, plus a penalty of twenty-five percent of total costs shall be assessed against the property upon which the weeds were destroyed, in the case of private lands, or against the adjoining land, in the case of weeds on county roads. Landowners are to contact Weed Commissioner and notify him if there are areas that should not be sprayed with herbicides.

SO RESOLVED this 4th day of April, 2006.
WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Boykin second by Batcheller to approve and receive for signatures a Resolution establishing assessments for the Derocher Path Secondary Road Assessment District, per recommendation by the County Engineer. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION NO. #10,042

WHEREAS, Woodbury County, Iowa intends to commence with a public improvement project to pave Derocher Path from Old Lakeport Road easterly approximately 0.5 mile to Elk Creek Road. Said project is located between Section 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 and to pay not less than 50% of the cost of the improvements included in the county engineers report.

WHEREAS, Woodbury County Board of Supervisors received the County Engineers Report outlining the cost of the proposed improvement on June 14, 2005. A copy of said report is attached as Attachment A and made reference hereof. A public hearing to establish the assessment district was held on July 12, 2005.

WHEREAS, Woodbury County Board of Supervisors having heard and received all comments and objects, held a public hearing on March 28, 2006 to establish the final order for the establishment of said district.

WHEREAS, The Woodbury County Board of Supervisors will receive bids on the improvement project at the April 25, 2006 meeting. Completion and acceptance of the project should occur on or before September 30, 2006.

WHEREAS, Woodbury County Board of Supervisors must now fix the amount to be assessed against the benefited properties.

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

1. The total cost to be assessed against the benefited property is $111,000.00.

2. After consideration of the schedule of assessments prepared by the County Engineer showing the assessments proposed to be made for the work, the same is hereby approved and adopted. These amounts are hereby assessed and levied as a special tax against and upon each of the lots, parts of lots and parcels of land , and the owner or owners thereof liable to assessment for the cost of said work, the respective sums expressed in figures set opposite to each of the same on account of the cost of performing the work. The schedule of assessments is attached as Attachment B.

3. The assessment shall be payable in one installment or annual payments not to exceed ten years and shall bear interest at a rate of seven (7) percent per annum from September 1, 2006. The assessments shall be paid at the same time and in the same manner as the September semi-annual payment of ordinary taxes. Said assessments shall be payable at the office of the County Treasurer, in full or in part and without interest within thirty (30) days after the first publication of the notice of filing of the schedule of assessments with the County Treasurer of Woodbury County, Iowa.

4. The County Engineer is hereby directed to certify said schedule to the County Treasurer of Woodbury County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the Sioux City Journal, a newspaper of general circulation in Sioux City, Iowa, the first publication of said notice to be made within fifteen (15) days from the date of the filing of said schedule with the County Treasurer, the County Engineer shall also send by mail to all property owners whose property is subject to assessment a copy of said notice, said mailing to be on or before the date of the second publication of the notice, all as provided and directed by Chapter 384.60, Code of Iowa. The notice shall be in substantially the form of the Notice attached hereto and by this reference made a part hereof.

SO RESOLVED this 4th day of April, 2006.
WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

The Board reviewed the bid received for projects FM-COO97(79)55-97 and STP-S-CO97(78)5E-97, with County Engineer Richard Storm.

Motion by Batcheller second by Walish to receive the bid for review.

Motion by Batcheller second by Monson to approve and award the bid for six truck dump boxes, hoists, and hydraulics submitted by Northern Truck Equipment Company, in the amount of $101,928.00, per recommendation by the County Engineer. Copy filed. Mr. Batcheller asked to withdraw his motion and there was no objection.

Motion by Boykin second by Walish to postpone action for one week. Carried 5-0.

Motion by Boykin second by Monson to go into closed session per Iowa Code 21.5(1)(c). Carried 5-0 on a roll-call vote.

Motion by Walish second by Monson to go out of closed session per Iowa Code 21.5(1)(c). Carried 4-0 on a roll-call vote, Boykin abstained.

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

Mr. Monson excused himself at 10:40 AM.

The Board discussed repair of tables in the jail.

The Board adjourned the regular meeting until April 11, 2006.