Minutes - 11/4/2008

NOVEMBER 4, 2008FORTY-FOURTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, November 4, 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 Diane Swoboda Peterson, Deputy/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 Boykin to approve and authorize the Chairman to sign an Authorization to Initiate Hiring Process for:

Crisis Intervention Coordinator, Social Services Dept. Entry level: Wage Plan $43,641/year.

Carried 5-0. Copy filed.

The Board discussed with Human Resource Director J. D. Pellersels, the issuance of new County identification cards to all County employees, as well as the equipment available to economically perform such a task. The Board asked for an investigation to include John Malloy, into the possibilities and costs of putting magnetic strips on the cards for electronic entry, and to report back to the Board with costs.

Motion by Batcheller second by Boykin to approve the issuance of new identification cards to all County employees. Carried
5-0.

The Board discussed recognition of County employee for years of service with Human Resource Director J. D. Pellersels.

Motion by Batcheller second by Monson to approve a cigarette/tobacco permit renewal for Heritage Express/Winnavegas, 1501 330th Street, Sloan, Iowa, effective 07/01/2008 through 06/30/2009. Carried 5-0. Copy filed.

Motion by Clausen second by Monson to receive as submitted the County Recorders Report of Fees Collected for the period of 07/01/2008 through 09/30/2008. Carried 5-0. Copy filed.

Motion by Boykin second by Clausen to approve tax abatement for Douglas Black, parcel #884730301974, for balance of $30.00, as it is a building on leased land for a mobile home that has been moved to Nebraska, per recommendation of the County Treasurer Bob Knowler. Carried 5-0.

Motion by Batcheller second by Monson to lift the tax suspension for Claudette H. Davis, 3700 28th Street Lot 468, Sioux City, Iowa , as the mobile home has been destroyed and junked. Carried 5-0.

Motion by Boykin second by Monson to approve and authorize the Chairman to sign a contract for Disproportionate Minority Contact - Detention Reform, between the Iowa Department of Human Rights and Woodbury County, for fiscal year 2009, per recommendation of David Gleiser, Juvenile Detention. Carried 5-0. Copy filed.

Motion by Batcheller second by Boykin to approve the following weapon-bearing reserve peace officers, per Charles Hertz, County Sheriffs Department Administration:

Whitney Carlson, ASP Baton and OC Chemical Spray
Neil Herbold, ASP Baton and OC Chemical Spray
Randy Guy, ASP Baton and OC Chemical Spray
Lance Platt, ASP Baton and OC Chemical Spray
Josh Stowe, ASP Baton and OC Chemical Spray
Michael Hofland, Duty Sidearm, ASP Baton and OC Chemical Spray
Gabe Rohan, Duty Sidearm, ASP Baton and OC Chemical Spray
Bob Rohmiller, Duty Sidearm, ASP Baton and OC Chemical Spray
Chris Rosner, Duty Sidearm, ASP Baton and OC Chemical Spray
Lisa Schenzel, Duty Sidearm, ASP Baton and OC Chemical Spray
Sarah Schultz, Duty Sidearm, ASP Baton and OC Chemical Spray
Jon Schwarz, Duty Sidearm, ASP Baton and OC Chemical Spray
Nick Stubbe, Duty Sidearm, ASP Baton and OC Chemical Spray
Leo Yarborough, Duty Sidearm, ASP Baton and OC Chemical Spray

Carried 5-0.

Motion by Boykin second by Monson to approve and authorize the Chairman to sign a Resolution designating a snow mobile route, per recommendation of Richard Storm, County Engineer. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION # 10,507
RESOLUTION DESIGNATING SNOWMOBILE TRAILS

WHEREAS, POWDER PLAYERS, INC. SNOWMOBILE CLUB, has requested that the WOODBURY COUNTY BOARD OF SUPERVISORS, designate the following portions of Woodbury County roadway to be used as snowmobile trails; L-14 from the Plymouth County Line to D-12 and D-12 from Highway 140 East to the West city limits of Pierson, Iowa, AND;

WHEREAS, Chapter 321G of the Code of Iowa allows the WOODBURY COUNTY BOARD OF SUPERVISORS to designate portions of roadway for snowmobile trail use for a specified period of time, AND;

WHEREAS, in accordance with Chapter 321G.9 of the Code of Iowa, the WOODBURY COUNTY BOARD OF SUPERVISORS has evaluated the traffic patterns of the roadways requested to be designated as snowmobile trails and has determined that a designated snowmobile trail on portions of said roadways will not unduly interfere with traffic or constitute a traffic hazard, AND;

WHEREAS, Section 321G.28 of the Code of Iowa does not require approval from the Iowa Department of Transportation for merely designating a portion of a county roadway as a snowmobile trail, AND;

WHEREAS, the WOODBURY COUNTY BOARD OF SUPERVISORS has agreed to designate the requested portions of Woodbury County roadways as snowmobile trails, AND;

WHEREAS, the POWDER PLAYERS INC. SNOWMOBILE CLUB agrees to sponsor said snowmobile trails, AND;

WHEREAS, the POWDER PLAYERS INC. SNOWMOBILE CLUB agrees to provide all designations and signs to be erected along said trails for the use of the club members, AND;

WHEREAS, the POWDER PLAYERS INC. SNOWMOBILE CLUB agrees to place and maintain any signs necessary to warn traffic of the operation of snowmobiles along said trails and roadways, AND;

WHEREAS, POWDER PLAYERS INC. SNOWMOBILE CLUB agrees that all members and any guest or associates using said designated trail shall comply with the provisions of Chapter 321G of the Code of Iowa and further agree that any violations of said Code Chapter shall be considered grounds for terminating the designation of said snowmobile trail, AND;

WHEREAS, POWDER PLAYERS INC. SNOWMOBILE CLUB agrees to hold and save WOODBURY COUNTY harmless from any and all liability resulting from injuries, loss or damages, including damages to equipment, of any kind to club members, guests or other persons using said snowmobile trail, or those whose injuries or damages are a result of the use of said trails by members, guests, or other persons using said snowmobile trail, AND;

WHEREAS, POWDER PLAYERS INC. SNOWMOBILE CLUB shall submit proof of insurance coverage, covering all persons participating in any club activities on or along the designated snowmobile trails to the Woodbury County Auditor within fifteen days of the passage of this resolution and agrees that failure to do so shall constitute grounds for the Board of Supervisors revoking this resolution.
PAGE 2

WHEREAS, WOODBURY COUNTY does not warrant the condition of the county road right-of-way which will be designated as a snowmobile trail to be fit for any particular purpose nor, does it warrant against any hazards that may exist as a result of snow plowing or other necessary road work on the public road along side said trail.

NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Woodbury County, Iowa as follows:

1. The following roadway is hereby designated as a snowmobile trail for the
POWDER PLAYERS INC. SNOWMOBILE CLUB and may be used for
snowmobile operation from December 1, 2008 through March 31, 2009:

a. L-14 from Plymouth County Line to D-12, and
b. D-12 from Highway 140 East to the West City limits of
Pierson, Iowa.

SO RESOLVED this 4th day of November, 2008.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Boykin second by Clausen to approve and authorize the Chairman to sign a Resolution to add stop signs to current sign inventory, per recommendation of the County Engineer. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION # 10,508
A RESOLUTION TO ADD STOP SIGNS TO CURRENT SIGN INVENTORY

WHEREAS, the Woodbury County Board of Supervisors is empowered under authority of Section 321.236 of the Code of Iowa to designate any highway under their jurisdiction as a through highway and requiring that all vehicles stop before entering or crossing the same or designating any intersection as a stop intersection and requiring all vehicles to stop at one or more entrances to such intersections, and

WHEREAS, the Woodbury County Board of Supervisors is empowered under authority of Section 321.255 of the Code of Iowa to place an maintain traffic control devices upon highways under their jurisdiction as they may deem necessary to regulate traffic, and

WHEREAS, a field location survey of all existing stop signs on the Secondary Road System under the jurisdiction of the Woodbury County Board of Supervisors has been made and an inventory made thereof, and

WHEREAS, the Woodbury County Board of Supervisors has determined that stop signs shall be placed and maintained according to said inventory, and adopted Resolution 8365 on August 3, 1994, and

WHEREAS, it has been determined that due to changes in traffic patterns and construction, modifications to Exhibit A and B of the sign inventory need to be made.

NOW THEREFORE BE IT RESOLVED that the following location be modified in the stop sign inventory as follows:

255th Street at Union Pacific Rail Road Crossing install stop signs for 255th St.

SO RESOLVED this 4th Day of November, 2008.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Boykin second by Monson to approve and authorize the Chairman to sign a Resolution vacating excess right-of-way near the intersection of 150th Street and Eastland Avenue, per recommendation of the County Engineer. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION # 10,509
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 roadway right-of-way in part of section 31, T89N, R45W Woodbury County is no longer needed for roadway purposes. The portion to be vacated is described as follows and shown on attached drawing.

Vacate a portion of excess right-of-way located NE NE in section 31, T89N, R45W of the 5th P.M. Woodbury County Iowa, further described as follow: Beginning at a point 40.00 feet south and 40.00 feet west of the NE corner of said section 31, T89N, R45W; thence west parallel to and 40.00 feet normally distant south of the north line of said section 31 for distance of 120.00 feet; thence S 45 00 00 E for a distance of 169.70 feet; thence north parallel to and 40.00 feet normally distant west of the east line of said section 31 for a distance of 120.00 feet to the point of beginning. Containing 0.33 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 the excess right-of-way described above. From and after the date of this resolution is recorded, the identified property shall not constitute a street or highway, or public right-of-way, but shall revert to private ownership pursuant to operations of law.

SO RESOLVED this 4th day of November, 2008
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Boykin second by Clausen to approve and authorize the Chairman to sign a Resolution vacating excess right-of-way along Christy Road in Carriage Hills Subdivision, requested by James Hansen, per recommendation of the County Engineer. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION # 10,510
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 roadway right-of-way in Carriage Hills Addition , a section of Christy Road in part of section 16, T88N, R47W Woodbury County is no longer needed for roadway purposes. The portion to be vacated is described as follows and shown on attached drawing.

Vacate a portion of excess right-of-way located on or near relocated Christy Road, Said parcel of land described as being part of Carriage hills Addition in section 16, T88N, R47W of the 5th P.M. Woodbury County Iowa, further described as follow: All that portion of Lot 16 dedicated to Woodbury County Road Right of Way. Containing 0.158 acres, more or less. Vacated parcel subject to all other easements of record.

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 the excess right-of-way described above. From and after the date of this resolution is recorded, the identified property shall not constitute a street or highway, or public right-of-way, but shall revert to private ownership pursuant to operations of law.

SO RESOLVED this 4th day of November, 2008
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Clausen second by Boykin to approve and authorize the Chairman to sign a Resolution vacating excess right-of-way along Christy Road in Carriage Hills Subdivision, requested by Mike Wyant, per recommendation of the County Engineer. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION # 10,511
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 roadway right-of-way in Carriage Hills Addition , a section of Christy Road in part of section 16, T88N, R47W Woodbury County is no longer needed for roadway purposes. The portion to be vacated is described as follows and shown on attached drawing.

Vacate a portion of excess right-of-way located on or near relocated Christy Road, Said parcel of land described as being part of Carriage hills Addition in section 16, T88N, R47W of the 5th P.M. Woodbury County Iowa, further described as follow: All that portion of Lot 1 dedicated to Woodbury County Road Right-of- Way. Containing 0.375 acres, more or less. Vacated parcel subject to all other easements of record

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 the excess right-of-way described above. From and after the date of this resolution is recorded, the identified property shall not constitute a street or highway, or public right-of-way, but shall revert to private ownership pursuant to operations of law.

SO RESOLVED this 4th day of November, 2008
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Batcheller second by Monson to receive quotes as submitted for Creosote Treated Timber piles, and award the bid to McKlveen and Son, Incorporated, per recommendation of the County Engineer. Carried 5-0. The quotes were as follows:

Wheeler Lumber, 6100 Thornton Avenue Suite 200, Des Moines, Iowa: $59,037.60
Ovel Forest Products, PO Box 107, New Hampton, Iowa: $58,010.62
McKlveen and Son, Incorporated, Box 517, Prairie City, Iowa: $57,238.50
Midwest Sales and Service, PO Box 533, Schuyler, NE: $57,901.32

Copy filed.

Motion by Monson second by Clausen to receive quotes as submitted for treated timber 12x12 caps, and award the bid to Timber Bridge Caps, per recommendation of the County Engineer. Carried 5-0. The quotes were as follows:

Wheeler Lumber, 6100 Thornton Avenue Suite 200, Des Moines, Iowa: $21,048.00
Ovel Forest Products, PO Box 107, New Hampton, Iowa: $19,188.80
McKlveen and Son, Incorporated, Box 517, Prairie City, Iowa: $18,780.00
Midwest Sales and Service, PO Box 533, Schuyler, NE: $18,639.00

Copy filed.

Motion by Boykin second by Monson to approve and authorize the Chairman to sign a contract and bonds for project
#l-G06(2)73-97, per recommendation of the County Engineer. Carried 5-0. Copy filed.

The Board discussed platted Stoddard Avenue with David Blutt. The Board suggested Mr. Blutt hire an attorney if he still has concerns regarding Stoddard Avenue.

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

Sheila Thompson addressed the Board regarding placing a bulletin board, in the first floor hallway of the Trosper Hoyt
Building, for employee use.

The Board set the canvass of the General Election as November 12, 2008 at 10:00 a.m.

The Board adjourned the regular meeting until November 18, 2008.