Minutes - 9/30/2008

SEPTEMBER 30, 2008THIRTY-NINTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, September 30, 2008 at 9:00 a.m. Board members present were Batcheller, Boykin, Clausen and Monson; and Walish. Staff members present were Karen James, Board Administrative Coordinator, Loan Hensley, Assistant County Attorney/Board Legal Counsel, Dean Neal, Deputy/Clerk to the Board and Patrick Gill, Clerk to the Board.

The Claims were approved as presented. Copy filed.

Board of Supervisors meeting was called to order.

The Board canvassed the Western Iowa Tech Community College Election held on September 9, 2008. Victoria Ritz, Deputy Commissioner of Elections, presented the canvass as follows:

For the office of Western Iowa Tech Community College Board Member, Director District IV, 1 vacancy, there were one-hundred, fifty-seven (157) ballots cast as follows:

Flora M. Lee received sixty-six (66) votes
Bill Lyle received ninety (90) votes
Scattered Write-In Votes received one (1) vote

We therefore declare Bill Lyle duly elected to the office of Western Iowa Tech Community College Board Member, Director District IV, for the term of three (3) years.

For the office of Western Iowa Tech Community College Board Member, Director District VI, 1 vacancy, there were eight-hundred, fifty-eight (858) ballots cast as follows:

Eldon L. Schroder received five-hundred, twenty-four (524) votes

Jan I. Olson received three-hundred, thirty (330) votes

Scattered Write-In Votes received four (4) votes

We therefore declare Eldon L. Schroder duly elected to the office of Western Iowa Tech Community College Board Member, Director District VI, for the term of three (3) years.

For the office of Western Iowa Tech Community College Board Member, Director District VII, 1 vacancy, there were seven-hundred, eighty-nine (789) ballots cast as follows:

Curt Grigg received four-hundred, ninety-nine (499) votes

John P. Van Eldik received two-hundred, seventy-nine (279) votes

Scattered Write-In Votes received eleven (11) votes

We therefore declare Curt Grigg duly elected to the office of Western Iowa Tech Community College Board Member, Director District VII, for the term of three (3) years.

For the office of Western Iowa Tech Community College Board Member, Director District IX, 1 vacancy, there were four-hundred, ninety-three (493) ballots cast as follows:

Derrick R. Franck received four-hundred, ninety-one (491) votes

Scattered Write-In Votes received two (2) votes

We therefore declare Derrick R. Franck duly elected to the office of Western Iowa Tech Community College Board Member, Director District IX, for the term of three (3) years.

Motion by Monson second by Clausen to receive and approve the official canvass results of the Western Iowa Tech Community College Election. Carried 5-0.

Motion by Clausen second by Boykin to approve the Board minutes of the September 23, 2008 meeting as submitted. Carried 4-0; Monson abstained. Copy filed.

Ed Gililand, Gallagher, Incorporated, presented the Board with an update on the status of the Countys bid process for the County benefits plan.

Ed Gililand presented the Board with information on a benefits plan for retiring County employees who are 65 years of age or older.

A public hearing was held at 10:15 a.m. for the sale of property parcel #261270 (aka 1806 W. 2nd Street). The Chairman called on anyone wishing to be heard.

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

Motion by Boykin second by Monson to sell the parcel to Sharon Culbertson for $1.00 plus recording fees, for property parcel #261270 (aka 1806 W. 2nd Street). Carried 5-0.

RESOLUTION OF THE BOARD OF SUPERVISORS
OF WOODBURY COUNTY, IOWA:
RESOLUTION # 10,486

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

By SHARON K. CULBERTSON in the sum of ONE & 00/100 ($1.00)--------- dollars.

For the following described real estate, To Wit:

Parcel #261270
Lot 3, Block 27 of Hornicks Addition,
City of Sioux City, Woodbury County, IA
(1806 W. 2nd 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 30th Day of September, 2008.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

A public hearing was held at 10:15 a.m. for the sale of property parcel #245700 (aka 1609 Pierce Street). The Chairman called on anyone wishing to be heard.

Motion by Clausen second by Boykin to close the hearing. Carried 5-0. The Chairman called for bids.

Danny Robinson bid $200.00.

There were no other bids.

Motion by Batcheller second by Monson to accept the bid of Danny Robinson in the amount of $200.00 plus recording fees, for property parcel #245700 (aka 1609 Pierce Street). Carried 5-0.

RESOLUTION OF THE BOARD OF SUPERVISORS
OF WOODBURY COUNTY, IOWA:
RESOLUTION # 10,487

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

By DANNY LEE ROBINSON in the sum of TWO HUNDRED & 00/100 ($200.00)---- dollars.

For the following described real estate, To Wit:

Parcel #245700
S. 31.5 Ft. of W. 57.8 Ft. of N. 55 Ft. of 1/4 Block 2, Block 9, Higmans Addition,
City of Sioux City, Woodbury County, IA
(1609 Pierce 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 30th Day of September, 2008.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Boykin second by Monson to approve and authorize the Chairman to sign a Resolution setting the public hearing and sale date for property parcel #263220 (2003 W. 2nd Street). Carried 5-0.

RESOLUTION # 10,488
NOTICE OF PROPERTY SALE
Parcel #263220

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

Lot 13, Block 18, Hornicks 2nd Addition, City of Sioux City, Woodbury County, IA
(2003 W. 2nd 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 14th Day of October, 2008 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 on the 14th Day of October, 2008, immediately following the closing of the public hearing to Miguel Hernandez and Ochoa Grecelda Hernandez only per Code of Iowa 331.361 (2).

3. That said Board proposes to sell the said real estate to Miguel Hernandez and Ochoa Grecelda Hernandez only for consideration of $1.00 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 30th Day of September, 2008.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Boykin second by Monson to approve and authorize the Chairman to sign a Resolution approving tax abatement for property owned by Indian Youth of America at 623 Jackson Street, Sioux City, IA, retro-active to include property taxes for 2008. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION # 10,486
RESOLUTION APPROVING ABATEMENT OF TAXES

WHEREAS, Indian Youth of America is the titleholder of real estate Parcel #894728327003 located in Woodbury County, Iowa and legally described as follows:

Parcel # 894728327003

East One Hundred Feet (E 100 ft) Lots One and Two (1 & 2) Block Two (2) Sioux City East Addition, City of Sioux City, Woodbury County, Iowa

WHEREAS, the above stated property has taxes owing for the 2008/2009, tax year and the parcel is owned by Indian Youth of America and

WHEREAS, the organization, namely the Indian Youth of America 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

NOW, THEREFORE, BE IT RESOLVED, that the Woodbury County Board of Supervisors hereby abates the taxes owing on the above parcel according to Code of Iowa, 427.8 for the taxes owed for the 2008-2009 tax year and hereby directs the Woodbury County Treasurer to abate these aforementioned taxes from the tax records.

SO RESOLVED this 30th day of September, 2008.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Clausen second by Monson to approve and authorize the Chairman to sign a Resolution approving suspension of taxes through the redemption process for Barbara Springer, 2120 Metropolitan Street, Sioux City, IA. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION # 10,487
RESOLUTION APPROVING PETITION FOR SUSPENSION
OF TAXES THROUGH THE REDEMPTION PROCESS

WHEREAS, Barbara Springer as joint titleholder of a real estate located at 2120 Metropolitan St., Sioux City, Woodbury County, Iowa, and legally described as follows:

Parcel #894823130003

Lot Fourteen (14) Except South Half (S ) Lot Fifteen (15) Block Thirteen (13) Metropolitan Park Addition, City of Sioux City, Woodbury County, Iowa

WHEREAS, Barbara Springer, as joint titleholder of the aforementioned property has petitioned the Board of Supervisors for a suspension of taxes pursuant to the 1999 Iowa Code Section 447.9(3) 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 directs the County Auditor to redeem Parcel #894823130003 owned by the petitioner from the holder of a certificate of purchase of the amount necessary to redeem under section 447.1, and hereby directs the Woodbury County Treasurer to so record the approval of this tax suspension for this parcel.

SO RESOLVED this 30th day of September, 2008.

WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Bid letting was held at 10:20 a.m. for forty-five (45) tons of Calcium Chloride, for Secondary Roads Dept. The bids were as follows:

Harcross Chemicals, 9000 F Street, Omaha, NE, bid $19,440.00

Jericho Services, Incorporated, PO Box 607, Indianola, IA, bid $17,550.00

Scotwood Industries, Incorporated, 12980 Metcalf, Suite 240, Overland Park, KS, bid $18,135.00

There were no other bids.

Motion by Batcheller second by Monson to accept and approve the bid of. Carried 5-0.

Motion by Batcheller second by Boykin to approve and authorize the Chairman to sign three (3) Utility Accommodation Permits submitted by Hi-Tech Electric on behalf of Qwest Communications, for crossing a road to connect a residence to the nearest terminal box, per recommendation of the County Engineer. Carried 5-0. Copy filed.

Motion by Monson second by Boykin to approve and authorize the Chairman to sign a Utility Accommodation Permit submitted by MidAmerican Energy Company, for plans to install street lights on the section of 255th Street between Port Neal Road and the end of the route, per recommendation of the County Engineer. Carried 5-0. Copy filed.

Motion by Boykin second by Monson to approve and authorize the Chairman to sign a project agreement with Hungry Canyons Alliance for stream channel stabilization, per recommendation of the County Engineer. Carried 5-0. Copy filed.

Motion by Batcheller second by Boykin to approve and authorize the Chairman to sign a proposal for architectural/engineering services with Cannon, Moss, Brygger Associates, Spencer, IA, per recommendation of the County Engineer. Carried 5-0. Copy filed.

Motion by Boykin second by Monson to approve and authorize the Chairman to sign a proposal for geotechnical exploration services with Certified Testing, per recommendation of the County Engineer. Carried 5-0.

Motion by Batcheller second by Boykin to accept and award the quote from for full-depth concrete pavement patching. Carried 5-0. Copy filed.

The Board deferred action to approve a request received via letter from the City of Oto for paving a section of Royal Avenue and Lenox Avenue to Highway 31, per recommendation of the County Engineer.

The Board discussed a Memorandum of Understanding between the Sioux City Community School District and Woodbury County, with Patty Erickson-Puttmann, Social Services Director.

Motion by Clausen second by Monson to approve and authorize Patty, as Central Point Contact person for the program, to sign the agreement. Carried 4-0, Boykin abstained. Copy filed.

The Board discussed with County Treasurer Bob Knowler, the possibility of adopting an ordinance authorizing purchase of delinquent taxes by the County or the City for use of housing.

The Board discussed issuing a letter to ISAC regarding Time 21.

Motion by Monson second by Batcheller to approve and authorize the Chairman to sign a letter to ISAC regarding the Boards position on Time 21. Carried 5-0.

Clifford Millard, Jackson Recovery, discussed with the Board the possibility of hiring Paradoxx Enterprise, LLC to evaluate the Woodbury County Phoenix Project.

Motion by Batcheller second by Monson to approve the hiring of Paradoxx Enterprise, LLC to evaluate the Woodbury County Pheonix Project. Carried 5-0.

Motion by Boykin second by Monson to approve the use of General Supplemental funds for the purpose of hiring Paradoxx Enterprise, LLC to evaluate the Woodbury County Phoenix Project. Carried 5-0.

The Board discussed economic development with Rob Marqusee, Rural Economic Development Director.

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

The Board adjourned the regular meeting until October 7, 2008.