Minutes - 10/28/2008

OCTOBER 28, 2008FORTY-THIRD MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, October 28, 2008 at 9:00 a.m. Board members present were Batcheller, Boykin, Clausen, Monson, and Walish. Staff members present were Karen James, Board Administrative Coordinator, Loan Hensley, Assistant County Attorney/Board Legal Counsel, and Patrick F. Gill, Auditor/Clerk to the Board.

The Claims were approved as presented. Copy filed.

Board of Supervisors meeting was called to order.

Motion by Clausen second by Monson to approve the Board minutes of the October 21, 2008 meeting as submitted. Carried 5-0. Copy filed.

A public hearing was held at 10:15 a.m. for the sale of property parcel #004665 (aka 109 Sioux Street). The Chairman called on anyone wishing to be heard.

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

Motion by Batcheller second by Monson to accept the bid from Jose and Ana Crispin in the amount of $1.00, plus recording fees, for the purchase of property parcel #004665 (aka 109 Sioux Street). Carried 5-0.

RESOLUTION OF THE BOARD OF SUPERVISORS
OF WOODBURY COUNTY, IOWA:
RESOLUTION # 10,501

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

By JOSE MANUEL CRISPIN AND ANA M. CRISPIN , AS JOINT TENANTS WITH RIGHT OF SURVIVORSHIP AND NOT AS TENANTS IN COMMON in the sum of ONE & 00/100 ($1.00)------------------------ dollars.

For the following described real estate, To Wit:

Parcel #004665
W. 1/2 Lot 14, Block 18, Sioux City Addition, City of Sioux City,
Woodbury County, IA
(109 Sioux 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close of business on the day of passage of this resolution or this sale is null and void and this resolution shall be rescinded.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 28th Day of October, 2008.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

A public hearing was held at 10:16 a.m. for the sale of property parcel #261180 (aka 1908 W. 2nd Street). The Chairman called on anyone wishing to be heard.

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

Motion by Clausen second by Monson to accept the bid from Gary Trost in the amount of $1.00, plus recording fees, for the purchase of property parcel #261180 (aka 1908 W. 2nd Street). Carried 5-0.

RESOLUTION OF THE BOARD OF SUPERVISORS
OF WOODBURY COUNTY, IOWA:
RESOLUTION # 10,502

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

By GARY TROST in the sum of ONE & 00/100 ($1.00)--------------------------- dollars.

For the following described real estate, To Wit:

Parcel #261180
Lot 3 in Block 26 of the Hornicks Addition,
City of Sioux City, Woodbury County, IA
(1908 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 28th Day of October, 2008.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Bid letting was held at 10:20 a.m. for project #L-G06(2)73-97, grading in Section 25, R87N, R45W. The bids were as follows:

Holly Brown Construction, Anthon, Iowa $144,454.69
Joy Dirt, 262 State Street, Cushing, Iowa $172,849.65
King Construction, 109 Melrose Street, Wall Lake, Iowa $177,924.50
Lieber Construction, 2024 120th, Lawton, Iowa $139,833.55
Mathers Construction, PO Box 114, Correctionville, Iowa $135,739.50
Negus and Sons, Incorporated, 6100 W. 16th Street, Omaha, Nebraska $133,173.00
Pat Pinney Contractors, 1911 Floyd Blvd, Sioux City, Iowa $160,557.50
Peterson Contractors, Box 4, Reinbeck, Iowa $133,510.85
There were no other bids.

Motion by Batcheller second by Boykin to receive the bids and award the bid to Negus and Sons, Incorporated, per recommendation of Richard Storm, County Engineer. Carried 5-0. Copy filed.

The Board discussed Woodbury Countys health insurance for retirees aged 65+ with Ed Gilliland, Gallagher Benefit Services.

Motion by Batcheller second by Monson to postpone action to approve the recommendations made by Gallagher Benefit Services. Carried 5-0.

Motion by Monson second by Clausen to receive the following appointments by the City of Anthon:

1) Troy McCormick, 402 Elizabeth Boulevard, Anthon, Iowa for the office of City of Anthon Mayor, to fill a vacancy until the 2009 City Election. This appointment is to fill the office previously held by Keith R. Determan.

2) Sue White, 201 S. Second Avenue, Anthon, Iowa for the office of City of Anthon Council Member, to fill a vacancy until the 2009 City Election. This appointment is to fill the office previously held by Mark Nelson.

3) Connie Westphal, 201 S. First Avenue, Anthon, Iowa for the office of City of Anthon Council Member, to fill a vacancy until the 2009 City Election. This appointment is to fill the office previously held by Troy McCormick.

Carried 5-0. Copy filed.

Motion by Clausen second by Boykin to receive as submitted, the Sheriffs Civil Division Fees Due report for first quarter and year-to-date ending September 30, 2008. Carried 5-0. Copy filed.

The Board discussed additional unexpected costs for parking renovations at the Law Enforcement Center with Bob Lee, RML Architects.

Motion by Batcheller second by Monson to approve option 2 as recommended by Bob Lee of RML Architects. Carried 5-0.

Motion by Boykin second by Clausen to approve and authorize the Chairman to sign a Resolution approving tax abatement for Citifinancial Mortgage Company, for land located at 4301 W. 19th Street, Sioux City, for delinquent taxes for the years of 2005/2006, 2006/2007, and 2007/2008 to cancel the tax sale certificate that is held by the County. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION #10,503
RESOLUTION APPROVING ABATEMENT OF TAXES

WHEREAS, Citifinancial Mortgage Company is the titleholder of real estate Parcel #894824151002 located in Woodbury County, Iowa and legally described as follows:

Parcel # 894824151002

LL-SC COMM 89-48 A TRI TCT BEING 63 F T N X 143.4 FT ON W

WHEREAS, the above stated property has taxes owing for the 2005/2006, 2006/2007 and 2007/2008 tax years, and the parcel is owned by Citifinancial Mortgage Company and

WHEREAS, the organization, namely the Citifinancial Mortgage Company 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, 445.16 for the taxes owed for the 2005/2006, 2006/2007 and 2007/2008 tax years and hereby directs the Woodbury County Treasurer to abate these aforementioned taxes from the tax records and cancel tax sale certificate #2007-1340 held by Woodbury County.

SO RESOLVED this 28th day of October, 2008.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Boykin second by Batcheller to approve and authorize the Chairman to sign a Resolution approving tax abatement for the City of Sioux City for property parcel #874801400003, Liberty Township, for the balance of taxes due of $7,154.63. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION # 10,504
RESOLUTION APPROVING ABATEMENT OF TAXES

WHEREAS, the City of Sioux City is the titleholder of real estate Parcels #874801400003 located in Woodbury County, Iowa and legally described as follows:

Parcel #874801400003

Liberty Township East 1/2 SE 1/4 1-87-48

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 City of Sioux City requests the Board of Supervisors abate the balance of $7, 154.63, tax representing that part of the taxes after which the City of Sioux City was in sole possession; and

WHEREAS, the political subdivision, namely the City of Sioux City 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;

NOW, THEREFORE, BE IT RESOLVED, that the Woodbury County Board of Supervisors hereby abates the balance of $7,154.63 of the taxes owing on the above parcel according to Code of Iowa, 445.63 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 28th day of October, 2008.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Clausen second by Boykin to approve and authorize the Chairman to sign a Resolution approving petition for suspension of taxes for Virginia M. Schmidt, 1907 W. 6th Street, Sioux City. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION # 10,505
RESOLUTION APPROVING PETITION FOR SUSPENSION OF TAXES
WHEREAS, Virginia M. Schmidt, is the titleholder of property located at 1907 W. 6th St., City of Sioux City, Woodbury County, Iowa, and legally described as follows:

Parcel #894730231014

West Twenty-one Feet (W 21) North 55.5 feet Lot Thirteen (13) and West Thirty-three feet (W 33) South Ninety feet (S 90) Lot Thirteen (13) Block Forty-five (45) Hornicks 3rd Addition, City of Sioux City, Woodbury County, Iowa

WHEREAS, Virginia M. Schmidt as titleholder of the aforementioned real estate have 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 28th day of October, 2008.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Batcheller second by Monson to approve and authorize the Chairman to sign a Utility Accommodation Permit submitted by Qwest Communications, Omaha, Nebraska, for permission to abandon an existing buried conduit and replace with another buried along a 500 foot section of 120th Street, 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 the final voucher for project #BROS-CO97(77)5F-97, Elkhorn Construction Company, Sergeant Bluff, Iowa, per recommendation of the County Engineer. Carried 5-0. Copy filed.

The Board deferred action on the approval of the Chairman signing a Resolution designating snowmobile trails for Powder Players, Incorporated, per recommendation of the County Engineer, the approval of the Chairman signing a Resolution to add stop signs to current sign inventory, per recommendation of the County Engineer, the approval of the Chairman signing a Resolution vacating excess right-of-way near the intersection of 150th Street and Eastland Avenue, per recommendation of the County Engineer, the approval of the Chairman signing a Resolution vacating excess right-of-way along Christy Road in Carriage Hills Subdivision, requested by James Hansen, per recommendation of the County Engineer and the approval of the Chairman signing a Resolution vacating excess right-of-way along Christy Road in Carriage Hills Subdivision, requested by Mike Wyant, per recommendation of the County Engineer.

Motion by Clausen second by Monson to receive as submitted, plans for project #L-C07(8)73-97, per recommendation of the County Engineer. Carried 5-0. Copy filed.

Motion by Monson second by Boykin to approve cost-sharing between the County and Mid-American Energy for $8,027.75 in costs expected to be incurred for modification to the intersection of 255th Street and Port Neal Roads, per recommendation of the County Engineer. Carried 5-0.

The Board discussed levee repairs on the Little Sioux River near Smithland, with County Engineer Richard Storm.

The Board reviewed final platting of Deer Meadow Estates Addition Subdivision, GIS #894228200002, #894228200003, and #894228200007 with John Pylelo, Planning and Zoning Administrator.

Motion by Boykin second by Batcheller to approve and authorize the Chairman to sign the final platting of Deer Meadow Estates Addition Subdivision, GIS parcels #894228200002, #894228200003, and #894228200007. Motion by Clausen second by Monson to amend the previous motion by adding subject to the review of the County Attorneys Office. Motion to amend carried 5-0. Motion as amended carried 5-0.

WOODBURY COUNTY, IOWA
BOARD OF SUPERVISORS RESOLUTION # 10,506
RESOLUTION ACCPETING AND APPROVING DEER MEADOW ESTATES,
AN ADDITION TO WOODBURY COUNTY, IOWA

Whereas, the owner and proprietor did on the 1st day of May, 2008, file with the Woodbury County zoning commission a certain plat designated as Deer Meadow Estates, an addition to Woodbury County, Iowa; and

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, and it is hereby resolved by the Woodbury County board of supervisors, Woodbury County, State of Iowa, that the plat of Deer Meadow Estates, 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 owner and proprietor a certified copy of this resolution as required by law.

Passed and approved this 28th day of October, 2008.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

The Board discussed an agreement with ES&S to rent a high speed scanner for the General Election, with County Auditor Patrick Gill.

Motion by Batcheller second by Monson to approve and authorize the Chairman to sign an agreement with ES&S for rental of a high speed scanner for use during the General Election. Carried 5-0. 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.

The Board adjourned the regular meeting until November 4, 2008.