Minutes - 12/11/2007

DECEMBER 11, 2007FIFTIETH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, December 11, 2007 at 9:00 a.m. Board members present were Batcheller, Boykin, Clausen, Monson, and Walish. Staff members present were Denise Fletcher, Executive Secretary/Public Bidder, Loan Hensley, Assistant County Attorney, and Jean Jessen, Deputy/Clerk to the Board.

The Claims were approved as presented. Copy filed.

Meeting called to order.

Motion by Batcheller second by Monson to approve the Board minutes of the December 4, 2007 meeting as submitted. Carried 5-0. Copy filed.

The Board approved the appointment of Brad M. Lindgren, Sheriffs Reserve Volunteer, County Sheriff Dept., $1.00/year effective 10/25/2007. Per Iowa Code 80D.11. Copy filed.

The Board approved the appointment of Joshua A. Stowe, Sheriffs Reserve Volunteer, County Sheriff Dept., $1.00/year effective 10/25/2007. Per Iowa Code 80D.11. Copy filed.

The Board approved the separation of David J. Fox, Deputy Sheriff, County Sheriff Dept., effective 12/06/2007. Deceased. Copy filed.

The Board approved the appointment of William E. Adkins, Temporary Equipment Operator, Secondary Roads Dept., $16.55/hour effective 12/12/2007. Not to exceed 120 days. Copy filed.

The Board approved the reclassification of Kelly J. Frisch, Part-time Youth Worker, Juvenile Detention Dept., $14.99/hour effective 12/21/2007. Per AFSCME Juvenile Detention contract agreement, from Grade 1, Step 2 to Grade 1, Step 3. Copy filed.

The Board approved the transfer of Kay R. Wagner, Recorder Clerk II, County Auditor/Recorder Dept., $15.24/hour effective 01/02/2008. Job vacancy posted 11/21/2007. Entry level salary: $11.88/hour. Lateral transfer from Vital Statistics Clerk II to Recorder Clerk II at Grade 3, Step 5. Copy filed.

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

Temporary Correctional Officer, County Sheriff Dept. Entry level: DSA $14.32/hour.

Deputy Sheriff, County Sheriff Dept. Entry level: DSA $16.50/hour.

Vital Statistics Clerk II, County Auditor/Recorder Dept. Entry level: AFSCME Courthouse Grade 3, $11.88/hour.

Carried 5-0. Copy filed.

The Board discussed the Woodbury County health plan re-insurance status with Human Resources Director J. D. Pellersels.

Motion by Batcheller second by Monson to continue with Wellmark BCBS. Carried 5-0.

The Board discussed possible funding sources for the easement project regarding the Glen Ellen Sub-watershed, Little Sioux River Flood Prevention Project, with Dennis Butler, County Auditors Office.

Motion by Clausen second by Monson to utilize Infrastructure funds as the funding source, but not to exceed $4,293.00. Carried 5-0.

The Board discussed the final platting of Harrison Replat of Lot 6 and part of Lot 7A of Harrisons Addition, parcel GIS #8947-17-100-001 and #8946-17-100-008, with John Pylelo, County Zoning and Planning Administrator.

Motion by Boykin second by Batcheller to approve the final platting and refer it to the Zoning Commission for review and recommendation. Carried 5-0.

The Board discussed the project allowing the sale of county properties to adjacent property holders, with Denise Fletcher, Executive Secretary/Public Bidder.

Motion by Batcheller second by Clausen to approve and authorize the Chairman to sign a Resolution that would deny requests for moving any animal deemed vicious by another jurisdiction, into the unincorporated area of Woodbury County. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION #10,220

NOW, THEREFORE, BE IT RESOLVED, that the Woodbury County Board of Supervisors does and will deny the request for the move of any animal which has been deemed vicious by another jurisdiction into the unincorporated areas of Woodbury County. However, Woodbury County does not regulate anything in addition to what is in the Iowa Code regarding animal control.

SO RESOLVED this 11th day of December, 2007.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Monson second by Boykin to approve and authorize the Chairman to sign a federal-aid agreement for Project #BROS-CO97(91)8J-97, per recommendation by the County Engineer. Carried 5-0. Copy filed.

Motion by Boykin second by Monson to approve and authorize the Chairman to sign a County-State Traffic Engineering Program (C-Step) Agreement with the Iowa Department of Transportation, for Project #CST-20-1(113)4C-97, per recommendation by the County Engineer. Carried 5-0. Copy filed.

Motion by Boykin second by Clausen to approve and authorize the Chairman to sign a 28E Agreement between the County and the City of Sioux City, relating to annexation of property on Whispering Creek Drive (a.k.a. 170th Street) which is adjacent to a Secondary Road owned by the County. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION #10,221

28E AGREEMENT RELATING
TO ANNEXATION OF PROPERTY
ADJACENT TO A SECONDARY
ROAD

This agreement is made on the ______ day of December, 2007, by and between the City of Sioux City, Iowa, (herein City) and Woodbury County, Iowa (herein County).

RECITALS

WHEREAS the City desires to annex certain property which abuts a secondary road owned by the County, and

WHEREAS the City and the County desire to establish responsibility for the maintenance and control of said secondary road by entering into the following 28E Agreement as provided by Iowa Code Section 368.1.

AGREEMENT

1. This Agreement affects the following portion of a secondary road (herein Road) lying entirely within the County:

All that part of Whispering Creek Drive aka Woodbury County 170th Street lying between the west line of The Castles Gate Subdivision and the east line of Morningside Avenue and all that part of Morningside Avenue from the north line of US Highway to the south line of the northeast of Section 9-88-47 (aka the south line of the Memorial Park Cemetery).

2. It is agreed by and between the City and the County that the Road shall become a part of the City through the annexation of the following described property:

(Legal description)

Beginning at a point on the south R-O-W line of Whispering Creek Drive 217 feet east of the east R-O-W line of Morningside Avenue aka Iowa Hwy 982; thence southeast along a line parallel to and 180.3 feet east of the east R-O-W line of Morningside Avenue for a distance of 265.05 feet; thence on a line perpendicular to the previously mentioned line to the west R-O-W line of Morningside Avenue aka Iowa Hwy 982; thence north along said west line of said Morningside Avenue to its intersection with the north right-of-way line of US Hwy 20; thence east and north along said north R-O-W line of US Hwy 20 to its intersection with the east/west center section line of Section 4-88-47; thence east along said east/west center section line to its intersection with the north/south center section line of Section 4-88-47; thence south along the north south center section line of Section 4-88-47 to the south right-of-way line of Whispering Creek Drive aka 170th Street; thence west along said south right-of-way line to the point of beginning.

3. All right, title and interest of the County in the Road is hereby transferred to the City.

4. From and after the date this Agreement is filed in the Woodbury County Recorders Office and the Secretary of States Office, the Road shall be under the control of the City and the City shall assume and be responsible for the maintenance of the Road. For the purposes of this Agreement, maintenance shall include the cleaning, signage, snow removal, grading, repair, reconstruction and replacement of the Road.

5. In compliance with Iowa Code Section 28E.5, the parties declare:
A. The duration of this Agreement shall be perpetual.
B. No separate legal or administrative entity shall be created as a
result of this Agreement.
C. No separate budget will be created because of this Agreement.
The City will be responsible for all costs incurred in the
maintenance of the Road.
D. This Agreement can only be terminated by the mutual agreement
of the parties which must be in writing.

6. In compliance with Iowa Code Section 28E.6, the parties declare:
A. The Sioux City City Council and the Woodbury County Board of Supervisors shall be the joint board responsible for administering this joint undertaking.

B. There shall be no acquisition of either real or personal property under the terms and provisions of this agreement unless by written amendment approved by the City Council and the County Board of Supervisors.

This Agreement approved by the City Council of Sioux City, Iowa on ______________ _____,. 2007, pursuant to Resolution No. 2007-________.


City of Sioux City, Iowa

By:_________________________
Attest: Craig S. Berenstein, Mayor
______________________________
Lisa L. McCardel, City Clerk

This Agreement approved by the Woodbury County Board of Supervisors on December 11, 2007.
Copy filed.

Motion by Monson second by Boykin to approve and authorize the Chairman to sign a 28E Agreement between the County and the City of Sioux City, relating to annexation of property on Christy Road which is adjacent to a Secondary Road owned by the County. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION #10,222

28E AGREEMENT RELATING
TO ANNEXATION OF PROPERTY
ADJACENT TO A SECONDARY
ROAD

This agreement is made on the ______ day of December, 2007, by and between the City of Sioux City, Iowa, (herein City) and Woodbury County, Iowa (herein County).

RECITALS

WHEREAS the City desires to annex certain property which abuts a secondary road owned by the County, and

WHEREAS the City and the County desire to establish responsibility for the maintenance and control of said secondary road by entering into the following 28E Agreement as provided by Iowa Code Section 368.1.

AGREEMENT

1. This Agreement affects the following portion of a secondary road (herein Road) lying entirely within the County:

All that part of Christy Road lying between the west line of the Skyline Estates Subdivision and the east line of property being annexed by Ordinance __________ said point being 227 feet east of the present intersection of Christy Road and the existing City Limits.

2. It is agreed by and between the City and the County that the Road shall become a part of the City through the annexation of the following described property:


Annexation Description
All that part of the East of the Northwest of Section 16. Township 88 North, Range 47 West of the Fifth Principal Meridian, Woodbury County, Iowa, described as follows:
Beginning at the Northwest comer of said East 1/2 of the
Northwest 1/4 of said Section 16: thence North 89-09-04 East along the North line of said East 1/2 of the northwest for 806.15 feet: thence South 0-36-27 West for 182.27 feet; thence South 8757'05' West for 529.89 feet thence North 6-20-51 West for 78.92 feet thence South 8339'09' West for 270.84 feet to the west line of said east 1/2, of the Northwest 1/4; thence North 1-21-14' East along said West line for 140.8O feet to the point of beginning.

And beginning at the corner of the east 1/2 of the northwest 1/4 of said section 16; thence north 0-36-27 to the center line of Christy Road as it presently exists; thence west along said center line to the existing Sioux City Corporate limits line; thence south along the existing Sioux City Corporate limits line to said north line of Section 16; thence east along said section line to the point of beginning.

Said property is more commonly described on the attached vicinity map.



3. All right, title and interest of the County in the Road is hereby transferred to the City.

4. From and after the date this Agreement is filed in the Woodbury County Recorders Office and the Secretary of States Office, the Road shall be under the control of the City and the City shall assume and be responsible for the maintenance of the Road. For the purposes of this Agreement, maintenance shall include the cleaning, signage, snow removal, grading, repair, reconstruction and replacement of the Road.

5. In compliance with Iowa Code Section 28E.5, the parties declare:
A. The duration of this Agreement shall be perpetual.
B. No separate legal or administrative entity shall be created as a
result of this Agreement.
C. No separate budget will be created because of this Agreement.
The City will be responsible for all costs incurred in the
maintenance of the Road.
D. This Agreement can only be terminated by the mutual agreement
of the parties which must be in writing.

6. In compliance with Iowa Code Section 28E.6, the parties declare:
A. The Sioux City City Council and the Woodbury County Board of Supervisors shall be the joint board responsible for administering this joint undertaking.

B. There shall be no acquisition of either real or personal property under the terms and provisions of this agreement unless by written amendment approved by the City Council and the County Board of Supervisors.

This Agreement approved by the City Council of Sioux City, Iowa on ______________ ____,. 2007, pursuant to Resolution No. 2007-________.

City of Sioux City, Iowa

By:_________________________
Attest: Craig S. Berenstein, Mayor
______________________________
Lisa L. McCardel, City Clerk

This Agreement approved by the Woodbury County Board of Supervisors on December 11, 2007.
Copy filed.

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

Mr. Batcheller excused himself.

Motion by Boykin second by Monson to go into Closed Session per Iowa Code Section 21.5(1)(i), for a personnel evaluation. Carried 4-0 on a roll-call vote.

Motion by Boykin second by Monson to go out of Closed Session per Iowa Code Section 21.5(1)(i). Carried 4-0 on a roll-call vote.

The Board adjourned the regular meeting until December 18, 2007.