Minutes - 8/15/2006

AUGUST 15, 2006THIRTY-SECOND MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, August 15, 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, Diane Swoboda Peterson, Deputy/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 Walish to approve the Board minutes of the August 8, 2006 meeting as submitted. Carried 5-0. Copy filed.

The Board approved the separation of Bryan E. Wilson, Correctional Officer, County Sheriff Dept., effective 08/07/2006. Separation. Copy filed.

The Board approved the separation of Jeffery D. Sailer, Temporary Summer Laborer, Secondary Roads Dept., effective 08/10/2006. End of temporary work. Copy filed.

The Board approved the separation of Nathan R. Roggatz, Temporary Summer Laborer, Secondary Roads Dept., effective 08/11/2006. End of temporary work. Copy filed.

The Board approved the separation of Christopher A. Countryman, Temporary Summer Laborer, Secondary Roads Dept., effective 08/18/2006. End of temporary work. Copy filed.

The Board approved the appointment of Jerry D. Boggs, Equipment Operator, Secondary Roads Dept., $16.05/hour, effective 08/21/2006. Job vacancy posted 06/28/2006. Entry level salary: $16.05/hour. Copy filed.

The Board approved the appointment of Kimberly A. Grieve, Election Clerk II, County Auditor/Recorder Dept., $11.52/hour, effective 08/21/2006. Job vacancy posted 05/17/2006. Entry level salary: $11.52/hour in fiscal year 2006/2007. Copy filed.

The Board approved the reclassification of Joel A. Bertrand, Correctional Officer, County Sheriff Dept., $14.87/hour, effective 08/24/2006. Per DSA contract agreement, from Class 4 to Class 3. Copy filed.

The Board approved the reclassification of Gerad W. Lukken, Correctional Officer, County Sheriff Dept., $15.46/hour, effective 08/26/2006. Per DSA contract agreement, from Class 3 to Class 2. Copy filed.

The Board approved the reclassification of Amber D. Wilkinson, Full-time Youth Worker, Juvenile Detention Dept., $14.54/hour, effective 08/30/2006. Per AFSCME JD contract agreement, from Grade 1, Step 2 to Grade 1, Step 3. Copy filed.

Motion by Walish second by Boykin to approve and authorize the Chairman to sign an Authorization to Initiate Hiring Process for (1) Male Correctional Officer, County Sheriff Dept., entry level DSA $14.32/hour. Carried 5-0. Copy filed.

Motion by Monson second by Boykin to approve and authorize the Chairman to sign a Resolution setting the public hearing date for sale of real estate parcel #524310 (2112 Douglas Street, Sioux City) for August 29, 2006 at 10:15 a.m. Carried 5-0.

RESOLUTION # 10,082
NOTICE OF PROPERTY SALE
Parcel #524310

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

Lot 4, Block 1, Vine Place Addition, City of Sioux City, Woodbury County, IA
(2112 Douglas St.)

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 29th Day of August, 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 29th Day of August, 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 $ 25,000.00 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 15th Day of August, 2006.
WOODBURY COUNTY BOARD OF SUPERVISOR
Copy filed.

The Board discussed a request from the City of Anthon to abate property taxes on parcels #8843-32-479-011, #8843-32-454-021, and #8843-32-478-008.

Motion by Batcheller second by Monson to approve and authorize the chairman to sign Resolution to abate taxes on parcels #8843-32-479-011, #8843-32-454-021, and #8843-32-478-008 for the City of Anthon. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION #10,083
RESOLUTION APPROVING ABATEMENT OF TAXES

WHEREAS, the City of Anthon are the titleholders of real estate Parcels #884332479011, #884332454021, #884332478008, located in Woodbury County, Iowa and legally described as follows:

Parcel #884332479011

City of Anton Except South Fifty Feet (S 50) Lot One (1) Block Eight (8) Except South Fifty Feet (S 50) West Fifteen Feet (W 15)

Parcel #884332454021

City of Anthon Pt Lot Five (5) Moores Addition Com NE Corner Thec W 2 feet

Parcel #884332478008

City of Anthon Lot Twelve (12) Block Nine (9)

WHEREAS, the above stated property has an unpaid balance of taxes owing, and the parcels are owned by a political subdivision of the state; and

WHEREAS, the political subdivision, namely the City of Anthon is failing to immediately pay the taxes due; and

WHEREAS, the Board of Supervisors sees that good cause exists for the abatement of these taxes and any future taxes that may be levied against these parcels; and

NOW, THEREFORE, BE IT RESOLVED, that the Woodbury County Board of Supervisors hereby abates the taxes owing on the above parcels according to Code of Iowa, 445.63, and hereby directs the Woodbury County Treasurer to abate these aforementioned taxes from the tax records.

SO RESOLVED this 15th day of August, 2006
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

The Board discussed tax abatement on various parcels now owned by either Woodbury County or the City of Sioux City.

Motion by Batcheller second by Walish to approve tax abatement for the following parcels:

1. Woodbury County, 1415 Center Street
Taxes due payable 2006-2007 total $206.00
Parcel #8947-20-386-015

2. Woodbury County, 1420 Center Street
Taxes due payable 2006-2007, including
special assessments due 2004-2005 and 2006-2007,
totaling $1,605.00 plus interest.
Parcel #89-47-20-387-001

3. City of Sioux City, 508 W. 9th Street
Taxes due payable 2006-2007 total $384.00.
Parcel #8947-29-239-010

Carried 5-0. Copy filed.

Motion by Monson second by Boykin to acknowledge the appointment of Gerald T. Hyler, 426 9th Street, Correctionville, for the office of City of Correctionville Council Member until the General Election of 2007, to fill the office previously held by Tim McCormick. Carried 5-0. Copy filed.

Motion by Walish second by Monson to authorize the Chairman to sign a HAVA County Voting System Supplemental Allocation Agreement. Carried 5-0. Copy filed.

A second public hearing was held regarding a petition for rezoning parcel GIS #884704376001, received from Landmark Holdings, LLC.

The Chairman called on anyone wishing to be heard.

Motion by Boykin second by Walish to close the public hearing. Carried 5-0.

Motion by Monson second by Boykin to waive the third reading of the petition for rezoning. Carried 5-0.

Motion by Walish second by Monson to approve and authorize the Chairman to sign a Resolution approving an amendment to the Woodbury County Zoning Ordinance regarding Landmark Holdings, LLC, per recommendation by the Zoning Commission. Carried 5-0.

Resolution of the
Woodbury of County Board of Supervisors
Resolution No. 10,084

Whereas The Board of Supervisors of Woodbury County, Iowa, has enacted a Zoning and Subdivision Ordinance on January 23, 1971, by resolution No. 5714, being recorded in the Office of the Woodbury County Recorder, in Book 1263, page 9; and

Whereas the Woodbury County Board of Supervisors has received a report in respect to amending said Ordinance from the Woodbury County Zoning Commission which held hearing(s) on said amendment(s), all as by law provided; and which amendment(s) is/are attached hereto marked item(s) One (1), and hereby made a part hereof; and

Whereas the Woodbury County Board of Supervisors has received said report, studied and considered the same, and has held hearings on said amendment(s), all as by law provided; and

Whereas the Woodbury County Board of Supervisors has concluded that the said amendment(s) to the aforesaid Zoning and Subdivision Ordinance should be made;

Now therefore, be it hereby resolved by the Woodbury County Board of Supervisors, duly assembled, that the aforesaid Zoning and Subdivision Ordinance is amended as shown on said attached Item(s) One (1).

Dated this 15th day of August, 2006
THE WOODBURY COUNTY BOARD OF SUPERVISORS:
Copy filed.

Bid opening for renovation of the Courthouse basement was previously rescheduled to be placed on the August 29, 2006 Board meeting agenda at 10:20 a.m.

The Board discussed a $40,000.00 grant request from the Floyd Boulevard Local Foods Market, for kitchen renovations with Rural Economic Development Director Rob Marqusee.

Penny Fee, President of Sustainable Food for Siouxland, made a presentation to the Board.

Pat Garrity, Executive Director of Sustainable Food for Siouxland, made a presentation to the Board.

The Board discussed a keg registration ordinance with Assistant County Attorney Bobbier Johnson.

Motion by Monson second by Walish to approve the first reading of an ordinance establishing keg registration. Carried 5-0.

Motion by Boykin second by Walish to approve and authorize the Chairman to sign a Resolution vacating excess roadway right-of-way for part of the south side of relocated Correctionville Road, per recommendation of the County Engineer. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION #10,085
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 on the south side of relocated Correctionville Road in part of the North one-half (1/2) of Section 33, T89N, R46W, Woodbury County, Iowa is no longer needed for roadway purposes. The portion to be vacated is described as follows and shown on the attached plan.

Vacate a portion of excess right-of-way located along Correctionville Road. Said parcel lying south of relocated Correctionville Road in part of the North one-half (1/2) of Section 33, T89N, R46W Woodbury County Iowa. Beginning at the Station 152 + 32, thence Easterly for a distance of 868.00 feet along the centerline of relocated Correctionville Road to near the entrance to Flewelling family farm. Said parcel located in part of Section 33, T89N, R46W of the 5th P.M. Woodbury County, Iowa. Woodbury County retains easement to 70.00 feet normally distant South of present established centerline. See attached drawing. Containing 1.00 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), as amended, 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 15th day of August, 2006

WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Batcheller second by Monson to approve and authorize the Chairman to sign a Resolution setting
the public hearing date for sale of excess right-of-way for September 19, 2006 at 10:15 a.m. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION #10,086
NOTICE OF PROPERTY SALE

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

Part of the NE of the NW of Section 20, Township 88 North Range 47 West of the 5th P.M. , Woodbury County Iowa Described as follows: Commencing at the SW Corner of the NE of the NW said Section 20; thence N 88 01 13 E along the South line of said NE of the NW for 386.94 feet to the Southwesterly Corner of a parcel described on a Warranty Deed, recorded in Book 1028 Page 418 in Woodbury County Recorders Office, the point of beginning; thence continuing N 88 01 13 E along the South line of said NE of the NW and the South line of said parcel for a distance of 60.18 feet to the Southeasterly Corner of said parcel, the centerline of the origin alignment of Old Lakeport Road; thence N 6 25 41 W along the said centerline and the Easterly line of said parcel for 152.90 feet to the Northeasterly Corner of said parcel, ; thence S 83 34 19 W along the North line of said parcel for a distance of 33.00 feet to the Northwesterly Corner of said parcel; thence S 10 00 33 W along the Westerly line of said parcel for a distance of 93.29 feet; thence S 5 50 24 E along the Westerly line of said parcel for a distance of 58.76 feet to the Southwesterly Corner of said parcel, a point on the South line of said NE of the NW of said Section 20, and the North line of Lot 3 Layhee Addition the point of beginning. Containing 0.18 acres, more or less.

Note: The South line of said NE of the NW is assumed to bear N 88 01 13 E.

NOW THEREFORE,

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

1. That said Board proposes to sell the said real estate at a public auction to be held on the 19th day of September 2006, immediately following the closing of the public hearing.

2. That a public hearing on the aforesaid proposal shall be held on the 19th day of July 2006 at 10:15 AM CDST 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 $500.

4. The bidder submitting the bid accepted by the Board may pay in cash or cashiers check made out to the Woodbury County Treasurer c/o Secondary Roads.
Payment is expected by 3:00 PM the day of the sale to the Woodbury County Engineer, Room 502 Courthouse.

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).

APPROVED the 15th day of August 2006.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

The Board discussed a letter received from the Corps of Engineers concerning inspection of Little Sioux River Flood Control Project near Smithland, with Dick 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 August 22, 2006.