Minutes - 3/24/2009

MARCH 24, 2009THIRTEENTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, March 24, 2009 at 9:00 a.m. Board members present were Boykin, Monson, Smith, Walish, and Clausen. 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 Walish second by Monson to approve the Board minutes of the March 17, 2009 meeting as submitted. Carried 4-0; Clausen abstained. Copy filed.

The Board approved the resignation of Cynthia L. Weber-Blair, Assistant County Attorney, County Attorney Dept., effective 04/03/2009. Resignation. Copy filed.

Motion by Boykin second by Smith to approve and authorize the Chairman to sign an authorization to hire an Assistant County Attorney (Juvenile), County Attorney Dept. Entry Level: AFSCME Asst. Attorney Range: $46,422-$53,686/year. Carried 5-0. Copy filed.

The Board discussed the Countys self-funded health insurance and IRS flexible spending account plan with Mr. Ed Guilliland of Gallagher Benefit Services.

Motion by Monson second by Walish to receive the appointment of Kelly Ingenthron to the Woodbury County Soil and Water Conservation Board, to replace a vacancy left by Arthur Ralston. Carried 5-0.

Motion by Walish second by Monson to approve and receive for signatures, an application for a 5-day Class B Beer Permit (including wine coolers) for Sloan Golf Course, 3113 Highway 75, Sloan, Iowa, effective 03/26/2009. Carried 5-0. Copy filed.

Motion by Walish second by Smith to receive the appointment of James Oberreuter as Morgan Township Trustee, to replace a vacancy left by Kurt Heinse. Carried 5-0.

Motion by Boykin second by Walish to approve and authorize the Chairman to sign Change Order #1 for the Courthouse skylight replacement contract, per recommendation of Social Services Coordinator, Patty Erickson-Puttmann. Carried 5-0. Copy filed.

Mr. Boykin excused himself from the meeting at 10:15 a.m.

A public hearing was held at 10:15 a.m. for the sale of property parcel #416940 (2211 Rebecca Street). The Chairman called on anyone wishing to be heard.

Motion by Walish second by Monson to close the hearing. Carried 4-0.

Motion by Monson second by Walish to accept the bid from Adam Albert in the amount of $1.00, plus recording fees for property parcel #416940. Carried 4-0.

RESOLUTION OF THE BOARD OF SUPERVISORS
NOTICE OF PROPERTY SALE
RESOLUTION #10,542
Parcel #416940

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

By Adam Albert in the sum of One & 00/100 $1.00__dollars.

For the following described real estate, To Wit:

Parcel #416940
Southerly Fifty-five Feet (Sly 55 ft) Lot Ten (10) Block One (1) Pendleton Hill Addition, City of Sioux City, Woodbury County, Iowa
(2211 Rebecca Street)

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 24th Day of March, 2009.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

A public hearing was held at 10:17 a.m. for the sale of property parcel #443235 (3103 38th Street). The Chairman called on anyone wishing to be heard.

Motion by Walish second by Monson to close the hearing. Carried 4-0.

Motion by Monson second by Walish to accept the bid from Troy Martinson in the amount of $1.00 plus recording fees for property parcel #443235. Carried 4-0.

RESOLUTION OF THE BOARD OF SUPERVISORS
OF WOODBURY COUNTY
RESOLUTION #10,543

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

By Troy Martinson in the sum of One & 00/100 ($1.00)---------dollars.

For the following described real estate, To Wit:

Parcel #443235
Lots Five (5), Six (6), Seven (7), Eight (8), Nine (9), Ten (10) Except East Forty Feet (E 40 ft) Lot Twenty-three (23) Rogers Replat, City of Sioux City, Woodbury County, Iowa
3103 38th 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 24th Day of March, 2009.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

A public hearing was held at 10:19 a.m. for the sale of property parcel #028830 (1307 McDonald Street). The Chairman called on anyone wishing to be heard.

Motion by Monson second by Walish to close the hearing. Carried 4-0.

The Chairman called for bids.

Gerald Perera bid $500.00.

Motion by Monson second by Walish to accept the bid from Gerald Perera in the amount of $500.00 plus recording fees for property parcel #028830. Carried 4-0.

RESOLUTION OF THE BOARD OF SUPERVISORS
OF WOODBURY COUNTY, IOWA:
RESOLUTION #10,544

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

By GERALD F. PERERA AND JO ANN E. PERERA AS JOINT TENANTS WITH FULL RIGHTS OF SURVIVORSHIP AND NOT AS TENANTS IN COMMON in the sum of FIVE HUNDRED & 00/100 ($500.00)-----------------------------------------------------dollars.

For the following described real estate, To Wit:

Parcel #028830
East Eighty Feet (80 ft) Lot Nine (9) Block Seventy-seven (77), Sioux City East Addition, City of Sioux City, Woodbury County, Iowa
(1307 McDonald Street)

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 24th Day of March, 2009.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Walish second by Smith to approve and authorize the Chairman to sign a Resolution approving petition for suspension of taxes for Cecelia M. Johnson, 1833 S. Cypress Street, Sioux City, IA. Carried 4-0.

WOODBURY COUNTY, IOWA
RESOLUTION #10,545
RESOLUTION APPROVING PETITION FOR SUSPENSION OF TAXES

WHEREAS Cecelia M. Johnson, as titleholder of a property located 1833 S. Cypress Street, Sioux City, Woodbury County, Iowa, and legally described as follows:

Parcel # 8847 05 207 007

Lot Eight (8) Block Nineteen (19) Lot Nine (9) Block Nineteen (19) Morningside Addition, City of Sioux City, Woodbury County, Iowa

WHEREAS, Cecelia M. Johnson of the aforementioned property has 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 24th day of March, 2009.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Smith second by Monson to approve and authorize the Chairman to sign a Resolution approving petition for suspension of taxes for Michael A. Wilen, 1007 S. Fairmount Street, Sioux City, IA. Carried 4-0.

WOODBURY COUNTY, IOWA
RESOLUTION #10,546
RESOLUTION APPROVING PETITION FOR SUSPENSION OF TAXES

WHEREAS, Michael A. Wilen, is the titleholder of property located at 1007 S. Fairmount, City of Sioux City, Woodbury County, Iowa, and legally described as follows:

Parcel # 8947 34 428 011

Lot Three (3) Block Seven (7) Marks 2nd Filing Addition, City of Sioux City, Woodbury County, Iowa

WHEREAS, Michael A. Wilen 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 24th day of March, 2009.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Walish second by Smith to appoint Tom Cooper to the Board of the Community Action Agency of Siouxland in the category of Education. Carried 4-0. Copy filed.

Motion by Smith second by Monson to appoint Bob Knowler to the Board of the Community Action Agency of Siouxland in the category of SW Rural. Carried 4-0. Copy filed.

The Board discussed submission of a letter to the Iowa Department of Transportation, regarding the I-29 Port Neal Road Interchange closure.

Motion by Walish second by Monson to approve submitting the letter to the Iowa Department of Transportation. Carried 4-0. Copy filed.

The Board discussed the jail inspection report with County Sheriff, Glenn Parrett.

Motion by Monson second by Walish to approve and authorize the Chairman to sign a Resolution for seasonal embargo of designated roads, per recommendation of the County Engineer, Mark Nahra. Carried 4-0. Copy filed.

WOODBURY COUNTY, IOWA
RESOLUTION #10,547

WHEREAS, the Woodbury County Board of Supervisors believe certain secondary roads in Woodbury County, Iowa which are paved or unpaved, will be seriously damaged or destroyed unless the use of vehicles thereon is prohibited or permissible weight thereon reduced, and

WHEREAS, Chapter 321, Section 471 of the Code of Iowa, gives said Board the power to prohibit the operations of said vehicles on such roads, and to impose restrictions as to the weight of vehicles on said roads.

NOW THEREFORE BE IT RESOLVED by the Woodbury County Board of Supervisors, that, where signs are erected on a highway, operations of vehicles weighing in excess of said weight limit are prohibited on said highway.

IT IS FURTHER RESOLVED that the said secondary roads subject to this resolution are more particularly described in exhibit A, attached thereto and by this reference made part hereof. The effective period of this resolution begins March 24, 2009, until in the judgment of the County Engineer road conditions have improved and the embargo can be removed. The embargo may not be in place beyond June 24, 2009.

SO RESOLVED, dated this 24th day of March, 2009.

EXHIBIT A

Road Embargo
Description of Road

Embargo of D-50 and L-27 beginning at the NW corner of the NE of Miller Twp.
to the NE corner of section 21 Miller Twp - 1.75 Mi.

Embargo of Warrior Road from Lakeport Rd to Old - 0.4 Mi.

Embargo of 220th Street from Old Highway 75 east approximately - 1.0 Mi.

Embargo from D-38 south on Knox Ave., 230th St., and Jasper Ave., and ending at the intersection of D-38 and Jasper Ave - 3.5 Mi.

WOODBURY COUNTY BOARD OF SUPERVISORS
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.

Frank Tenuta from Iowa Legal Aid asked the Board to place them on the agenda to consider a funding request.

The Board adjourned the regular meeting until March 31, 2009.