Minutes - 12/12/2006

DECEMBER 12, 2006FORTY-EIGHTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, December 12, 2006 at 9:00 a.m. Board members present were Batcheller, Boykin, Clausen, Monson, and Walish. Staff members present were Karen James, Board Administrator, Bobbier Johnson, Board Counsel and Patrick F. Gill, Auditor/Clerk to the Board.

The Claims were approved as presented. Copy filed.

Meeting called to order.

Motion by Walish second by Batcheller to approve the Board minutes of the December 5, 2006 meeting as submitted. Carried 5-0. Copy filed.

The Board approved the appointment of William E. Adkins, Temporary Equipment Operator, Secondary Roads Dept., $16.05/hour, effective 12/13/2006. Not to exceed 120 days. Copy filed.

Motion by Batcheller second by Boykin to approve the request of Charles E. Miller to remain on the County life insurance plan, after his employment with Woodbury County ends on 11/21/0026. Carried 5-0.

Motion by Monson second by Boykin to approve the renewal of a beer permit with Sunday sales privilege for Heritage Express-Winnavegas, effective 01/18/2007 to 01/17/2008. Carried 5-0. Copy filed.

Motion by Boykin second by Batcheller to approve and authorize the Chairman to sign the final plats for Dutch View Addition Subdivision (parcel GIS # 884729176010), per recommendation by the Zoning Commission. Carried 5-0.

BOARD OF SUPERVISORS RESOLUTION #10,112
RESOLUTION ACCEPTING AND APPROVING
DUTCH VIEW ADDITION SUBDIVISION
TO WOODBURY COUNTY, IOWA

WHEREAS, the owners and proprietors did on the 12th day of December 2006, file with the Woodbury County Zoning Commission a certain Plat designated DUTCH VIEW, an addition to Woodbury County,

WHEREAS, it appears that said Plat conforms with all of the provisions of the Code of the State of Iowa and ordinances of Woodbury County, Iowa, with reference to the filing of same; and

WHEREAS, the Zoning Commission of Woodbury County, Iowa has recommended the acceptance and approval of said Plat; and

WHEREAS, the County Engineer of Woodbury County, Iowa has recommended the acceptance and approval of said Plat.

NOW THEREFORE, BE, AIND IT IS HEREBY RESOLVED by the Woodbury County Board of Supervisors, Woodbury County, State of Iowa, that the Plat of DUTCH VIEW, an addition to Woodbury County, Iowa be, and the same is hereby accepted and approved, and the Chairman and Secretary of the Woodbury County Board of Supervisors, Woodbury County, State of Iowa, are hereby directed to furnish to the owners and proprietors a certified copy of this Resolution as required by law.

Passed and approved this 12th day of December, 2006.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Boykin second by Monson to receive and authorize the Chairman to sign the 2006 Weed Commissioners Report for submittal, per recommendation of the County Engineer. Carried 5-0. Copy filed.

Motion by Batcheller second by Monson to approve and authorize the Chairman to sign a Resolution setting the public hearing date for the sale of excess right-of-way real estate, approximately 2.502 acres. Carried 5-0.

RESOLUTION NO. 10,113
WOODBURY COUNTY, IOWA
NOTICE OF PROPERTY SALE

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

All that part of the Southwest of section 9, Township 88 North, Range 47 West of the Fifth Principal Meridian, Woodbury County, Iowa, described as follows:

Beginning at the Southwest corner of the Southeast of the Southwest of said Section 9, thence South 890904 East along the South line of the Southeast of the Southwest for 1154.36 feet; thence North 720126 West for 364.73 feet to a line 40.00 feet South of and parallel with the centerline of Christy Road; thence Westerly along said line for 707.73 feet on a 5,991.13 foot radius curve, concave Southerly, having a long chord of 707.31 feet, bearing South 871321 West; thence South 835021 West along said line for 99.40 feet to the Northerly projection of the West line of the East of the Northwest of section 16, Township 88 North, Range 47 West of the Fifth Principal Meridian; Thence South 12114 West along said Northerly projection for 84.76 feet to the point of beginning.

Said described parcel contains 2.502 acres, more or less.

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 public auction to held on the 16th of January 2007,immediately following the closing of the public hearing.

2. That a public hearing on the aforesaid proposal shall be held on the 16th January 2007 at 10:15 AM CST in the Board of Supervisors Meeting Room on the first floor of the Woodbury County Courthouse.

3. The said Board proposes to sell said real estate to the highest bidder at or above the minimum bid of $7500.00.

4. The bidder submitting the bid accepted by the Board may pay in cash or cashiers check made out to the Woodbury County Treasurer o/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, existing utilities, zoning regulations and upon the conditions that the tract, parcel, or piece of the 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 12th day of December 2006.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Monson second by Batcheller to approve and authorize the Chairman to sign a Resolution setting the public hearing date for the sale of excess right-of-way real estate, approximately 0.328 acres. Carried 5-0.

RESOLUTION NO. 10,114
WOODBURY COUNTY, IOWA
NOTICE OF PROPERTY SALE

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

All that part of the Southwest of section 9, Township 88 North, Range 47 West of the Fifth Principal Meridian, Woodbury County, Iowa, described as follows:

Beginning at the Southeast corner of the Southwest of the Southwest of said Section 9, thence South 890817 West along the South line of the Southwest of the Southwest for 250.29 feet; thence North 601648 East for 152.41 feet to a line 40.00 feet South of and parallel with the centerline of Christy Road; thence North 835021 East along said line for 120.60 feet to the Northerly projection of the West line of the East of the Northwest of section 16, Township 88 North, Range 47 West of the Fifth Principal Meridian; Thence South 12114 West along said Northerly projection for 84.76 feet to the point of beginning.

Said described parcel contains 0.328 acres, more or less.

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 public auction to be held on the 16th of January 2007,immediately following the closing of the public hearing.

2. That a public hearing on the aforesaid proposal shall be held on the 16th January 2007 at 10:15 AM CST in the Board of Supervisors Meeting Room on the first floor of the Woodbury County Courthouse.

3. The said Board proposes to sell said real estate to the highest bidder at or above the minimum bid of $984.00.

4. The bidder submitting the bid accepted by the Board may pay in cash or cashiers check made out to the Woodbury County Treasurer o/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, existing utilities, zoning regulations and upon the conditions that the tract, parcel, or piece of the 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 12th day of December 2006.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

The Board discussed prioritization of capital projects with County Engineer Richard Storm.

A public hearing was held at 10:15 a.m. for the sale of real estate parcel #016755 (aka 606 W. 1st Street).

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

The Chairman called for bids.

Motion by Boykin second by Batcheller to accept the bid from Darrell and Karen Knee for $55.00, plus recording fees. Carried 5-0.

RESOLUTION OF THE BOARD OF SUPERVISORS
OF WOODBURY COUNTY, IOWA:
RESOLUTION # 10,115

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

By DARRELL AND KAREN KNEE, AS JOINT TENANTS WITH FULL RIGHTS OF SURVIVORSHIP AND NOT AS TENANTS IN COMMON in the sum of FIFTY-FIVE & 00/100 ($55.00)--------------- dollars.

For the following described real estate, To Wit:

Parcel #016755
Lot 1 Auditors Plat of Out Lots 33 and 34, Sioux City and Tax Lots 9, 10 and 11 and part of Tax Lot E in Sioux City, Woodbury County, IA
(606 W. 1st 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 12th Day of December, 2006.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

The Board discussed possible funding sources for the completion of jail alterations, with Dennis Butler, County Budget/Tax Analyst.

Motion by Boykin second by Monson to approve using funds from the Local Option Sales Tax Fund for completing jail alterations. Carried 5-0.

The Board held a discussion of the fiscal year 2008 budget.

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

Linda Phillips reported to the Board on Comprehensive Strategies.

Mr. Batcheller excused himself at 10:40 a.m.

Motion by Monson second by Walish to go into closed session per Iowa Code 21.5 (1) (j). Carried 4-0 on a roll-call vote.

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

Motion by Boykin second by Monson to go into closed session per Iowa Code 21.5 (1) (j). Carried 4-0 on a roll-call vote.

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

The Board adjourned the regular meeting until December 19, 2006.