Minutes - 1/27/2009

JANUARY 27, 2009FIFTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, January 27, 2009 at 9:00 a.m. Board members present were Boykin, Clausen, Monson, Smith, 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.

The Board canvassed the City of Lawton Special Election held on January 20, 2009, presented by Victoria L. Ritz, Deputy Commissioner of Elections. There were no absentee or after-election ballots to be counted.

For the office of City of Lawton Council Member, there were two-hundred and eighty-eight (288) ballots cast as follows:

Willard Brian McNaughton received 24 votes
Susan M. Radosti received 29 votes
Todd M. Roerig received 35 votes
Write-Ins received 0 votes

Todd M. Roerig was duly elected to the office of City of Lawton Council Member until the next General Election.

Motion by Boykin second by Monson to receive the City of Lawton Special Election canvass. Carried 5-0.

Motion by Walish second by Monson to go into Closed Session per Iowa Code Section 21.5(1)(c). Carried 5-0 on a roll-call vote.

Motion by Monson second by Boykin to go out of Closed Session per Iowa Code Section 21.5(1)(c). Carried 5-0 on a roll-call vote.

Motion by Walish second by Monson to proceed with the present course of action and seek no further remedy with the legal issue discussed in the previous executive session. Carried 5-0.

Motion by Boykin second by Monson to go into Closed Session per Iowa Code Section 21.5(1)(c). Carried 5-0 on a roll-call vote.

Motion by Boykin second by Monson to go out of Closed Session per Iowa Code Section 21.5(1)(c). Carried 5-0 on a roll-call vote.

Motion by Monson second by Boykin to approve the recommendation of the attorney on legal issue discussed in the previous executive session. Carried 5-0.

The Board recessed until 10:00 A.M.

Board of Supervisors meeting was called to order.

Motion by Monson second by Walish to approve the Board minutes of the January 15, 2009 special meeting as submitted. Carried 5-0. Copy filed.

Motion by Walish second by Smith to approve the Board minutes of the January 20, 2009 meeting as submitted. Carried 4-0; Boykin abstained. Copy filed.

Motion by Monson second by Boykin to approve the Board minutes of the January 22, 2009 special meeting as submitted. Carried 4-0; Walish abstained. Copy filed.

The Board approved the separation of Catherine T. Gusa, Process Server, County Sheriff Dept., effective 01/30/2009. Retirement. Copy filed.

The Board approved an extension of active military leave for Vincent T. Dvorak, Civilian Jailer, County Sheriff Dept., effective 01/30/2009 to 02/04/2010. Copy filed.

The Board approved the reclassification of Anabel Verdin, Part-time Youth Worker, Juvenile Detention Dept., $15.07/hour, effective 02/06/2009. Per AFSCME Juvenile Detention contract agreement, from Grade 1, Step 1 to Grade 1, Step 2. Copy filed.

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

Maintenance Painter, Building Services Dept. Entry level: AFSCME Courthouse Grade 2, $11.83/hour.

Case Manager, Social Services Dept. Entry level: Wage matrix, $35,448/year.

Carried 5-0. Copy filed.

Motion by Boykin second by Walish to approve and authorize the Chairman to sign a De-Authorize County Position form for a Full-time Custodian, Building Services Dept. Carried 5-0. Copy filed.

Motion by Walish second by Boykin to receive the Auditors Quarterly Report of E-Bonds and Payroll Taxes for the second quarter ending 12/31/2008. Carried 5-0. Copy filed.

Motion by Boykin second by Monson to approve and authorize the Chairman to sign a Resolution approving a petition for suspension of taxes through the Redemption Process for Lila Hafits, 1628 S. Nicollet Street, Sioux City, IA. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION #10,530
RESOLUTION APPROVING PETITION FOR SUSPENSION
OF TAXES THROUGH THE REDEMPTION PROCESS

WHEREAS, Lila L. Hafits as joint titleholder of a real estate located at 1628 S. Nicollet St., Sioux City, Woodbury County, Iowa, and legally described as follows:

Parcel #884705106003

North Half (N ) Lots Five (5) and Six (6) Block Three (3) Upland Place Addition, City of Sioux City, Woodbury County, Iowa

WHEREAS, Lila L. Hafits, 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 #884705106003 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 23rd day of January, 2009.

WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Monson second by Boykin to refund erroneously paid taxes to Arturo Gonzalez, for parcel #894711331044, in the amount of $299.00. Carried 5-0.

The Board discussed Soil and Water Conservation District funding report.

Motion by Boykin second by Monson to receive the Soil and Water Conservation District report as submitted. Carried 5-0.

Motion by Monson second by Walish to approve and authorize the Chairman to sign a Resolution adopting a construction evaluation relating to the construction of confinement feeding operation structures, under Iowa Code Section 459.304(3), per recommendation of John Pylelo, Planning and Zoning Administrator. Carried 5-0.

RESOLUTION #10,529
CONSTRUCTION EVALUATION RESOLUTION

WHEREAS, Iowa Code section 459.304(3) sets out the procedure if a board of supervisors wishes to adopt a construction evaluation resolution relating to the construction of a confinement feeding operation structure; and

WHEREAS, only counties that have adopted a construction evaluation resolution can submit to the Department of Natural Resources (DNR) an adopted recommendation to approve or disapprove a construction permit application regarding a proposed confinement feeding operation structure; and

WHEREAS, only counties that have adopted a construction evaluation resolution and submitted an adopted recommendation may contest the DNRs decision regarding a specific application; and

WHEREAS, by adopting a construction evaluation resolution the board of supervisors agrees to evaluate every construction permit application for a proposed confinement feeding operation structure received by the board of supervisors between February 1, 2009 and January 31, 2010 and submit an adopted recommendation regarding that application to the DNR; and

WHEREAS, the board of supervisors must conduct an evaluation of every construction permit application using the master matrix created in Iowa Code section 459.305, but the boards recommendation to the DNR may be based on the final score on the master matrix or may be based on reasons other than the final score on the master matrix;

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF WOODBURY COUNTY, IOWA that the Board of Supervisors hereby adopts this construction evaluation resolution pursuant to Iowa Code section 459.304(3).

WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

The Board reviewed several project plans with County Engineer Mark Nahra.

Motion by Boykin second by Monson to approve plans for project #BROS-CO97(92)5F-97, per recommendation by County Engineer Mark Nahra. Carried 5-0. Copy filed.

Motion by Walish second by Monson to approve plans for stimulus proposed project #ESFM-CO97(107)5S-97 as submitted. Carried 5-0.

Motion by Boykin second by Monson to approve plans for stimulus proposed project #ESFM -CO97(108)5S-97 as submitted. Carried 5-0.

Motion by Walish second by Boykin to approve and authorize the Chairman to sign a payment voucher for IDOT project inspection for project #HDP-CO97(55)6B-97 and project #BRS-7092(601)60-97, per recommendation of the County Engineer. Carried 5-0.

Various County department budgets were received for fiscal year 2010, as follows:

County Attorney (General Basic)

Motion by Boykin second by Monson to receive the Administration budget as submitted. Carried 5-0.

Motion by Monson second by Boykin to receive the Edward Byrne Grant budget as submitted. Carried 5-0.

Motion by Boykin second by Walish to receive the Juvenile Division budget as submitted. Carried 5-0.

Motion by Boykin second by Monson to receive the County Attorney Forfeiture 274 (Non-Tax Funds) budget as submitted. Carried 5-0.

Motion by Monson second by Boykin to receive the Jury/Witness fees budget as submitted. Carried 5-0.

The Board took a short recess.

The meeting called to back order.

County Sheriff

The Sheriffs Department discussed, with Board, the operation of the Prairie Hills Facility.

The Board discussed Wage Plan salaries.

Motion by Boykin second by Walish to approve the wages as submitted. Carried 5-0.

The Board held a general budget discussion.

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 February 3, 2009.