Minutes - 9/1/2009

SEPTEMBER 1, 2009THIRTY-FIFTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, September 1, 2009 at 9:00 a.m. Board members present were Boykin, Clausen, Monson, Smith, and Walish. Staff members present were Karen James, Board Administrator, Loan Hensley, Assistant County Attorney, 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 Monson second by Smith to approve the Board minutes of the 08/25/2009 meeting as submitted. Carried 5-0. Copy filed.

The Board approved the lateral move of Jayme A. Kirsch, County Attorney Dept., Assistant County Attorney-Juvenile, $72,966.00/year, effective 9/2/2009. Per County Attorney: lateral move from Assistant County Attorney-Misdemeanor to Assistant County Attorney-Juvenile. Job vacancy posted 03/25/2009 through 04/17/2009. Copy filed.

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

Assistant County Attorney (Misdemeanor), County Attorney Dept. Entry level: AFSCME Assistant Attorney range: $47,931.00-$55,431.00/year.

Carried 5-0. Copy filed.

Ed Guililand, Gallagher Benefit Services, presented the Board with a recommendation for a change to the Countys Summary Plan Document to reflect two mandated changes required by federal and state law.

Motion by Walish second by Boykin to approve and authorize the Chairman to sign the Summary of Material Modifications No. 4, per recommendation of Ed Guililand, Gallagher Benefit Services. Carried 5-0. Copy filed.

Motion by Boykin second by Smith to approve and authorize the Chairman to sign the Summary of Material Modifications No. 5, per recommendation of Ed Guililand, Gallagher Benefit Services. Carried 5-0. Copy filed.

Motion by Monson second by Walish to approve tax abatements for the following parcels for buildings on leased land for mobile homes that are no longer there, per recommendation of Bob Knowler, County Treasurer:

Paul G. Fuchser, parcel #884730301976, taxes due 2009-2010, total $28.00.
Valerie Jochims, parcel #884730301957, taxes due 2008-2009 and 2009-2010, total $41.00 plus interest.
Duane Meunsaveng, parcel #884730301967, taxes due 2009-2010, total $40.00.
Helen Scott, parcel #884730326962, taxes due 2009-2010, total $18.00.
Mary B. Stultz, parcel #884603100901, taxes due 2009-2010, total $564.00.
Ae Vilaphonhphakdy or Phoavahn Bannavong, parcel #884730301979, taxes due 2008-2009 and 2009-2010, total $35.00 plus interest.
Woodbury County, parcel #894727282007, balance due for 2009-2010 $4.00.

Motion by Boykin second by Smith to approve and authorize the Chairman to sign a Resolution approving abatement of taxes for County Farm parcels #884723100001, #884714300001, #884723100002, #884723100004, owned by Woodbury County.
Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION # 10,602
RESOLUTION APPROVING ABATEMENT OF TAXES

WHEREAS, the Woodbury County Board of Supervisors is the titleholder of real estate Parcels #884723100001 #884714300001 #884723100002 #884723100004, located in Woodbury County, Iowa and legally described as follows:

Parcels: #884723100001 #884714300001 #884723100002 #884723100004
Woodbury Township NW NW 23-88-47;
Woodbury Township NW SW & SW SW 14-88-47
Woodbury Township SW NW 23-88-47
Woodbury Township SW of Road East NW 23-88-47

WHEREAS, the above-stated property has taxes owing for September 1, 2009 and the parcels are owned by Woodbury County Board of Supervisors , and

WHEREAS, the organization, namely the Woodbury County Board of Supervisors 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 any future taxes that may be levied against the parcels; and

NOW, THEREFORE, BE IT RESOLVED, that the Woodbury County Board of Supervisors herby abates the taxes owing on the above parcel according to the Code of Iowa, 445.63, and hereby directs the Woodbury County Treasurer to abate these aforementioned taxes from the tax records.

SO RESOLVED this 1st day of September, 2009.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

The Board discussed I-Job fund use with County Engineer Mark Nahra.

Motion by Walish second by Boykin to set the date of 9/15/2009 as the bid letting date for the HMA patching project. Carried 5-0.

Motion by Boykin second by Monson to approve and receive for signatures, a Resolution authorizing vacation of excess right of way for a portion of road No. 198, per recommendation of the County Engineer. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION # 10,603
VACATION OF A EXCESS RIGHT OF WAY

WHEREAS the Code of Iowa, section 306.10 gives the Board of Supervisors the power on its own motion to alter or vacate and close any highway or road under its jurisdiction, and

WHEREAS the Code of Iowa, section 306.11 allows the Board to vacate a road right of held by easement that will not change the traveled portion of the road or deny access to adjoining landowners, and

WHEREAS a road vacation under the circumstances outlined in 306.11 does not require a hearing, and

WHEREAS there is excess right of way near the intersection of county road K-64 and 235th Street and

WHEREAS vacation of the excess right of way does not affect access or highway use, and

WHEREAS the current Board of Supervisors no longer believes the county needs to maintain its easement on the following county highway,

NOW THEREFORE BE IT RESOLVED that the Woodbury County Board of Supervisors, in session this 1st day of September, 2009, enters the following order in regard to the aforementioned road closure.

The Board of Supervisors orders the following described right of way be vacated. Said road is described as follows:

That portion of road right of way of K-64, named the Moville Black top along the west line of the SW NW of section 28, T86N, R45W, Willow Township 5th P.M. Woodbury County, Iowa. The Road was established as road No. 198, also known as Baker Road. Vacate a portion of easement acquired in June 17, 1938, 125.0 feet in width, along the west line of the SW NW of said section 28. Vacate a portion of the west 125.0 feet of the south 250.0 feet except a strip 40 foot in width lying adjacent to K-64 also known as the Moville Black Top.

SO ORDERED THIS 1ST DAY OF SEPTEMBER, 2009
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Monson second by Walish to approve and receive for signatures, a Resolution authorizing vacation of excess right of way for a portion of road right of way of road No.196, per recommendation of the County Engineer. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION # 10,604
VACATION OF A EXCESS RIGHT OF WAY

WHEREAS the Code of Iowa, section 306.10 gives the Board of Supervisors the power on its own motion to alter or vacate and close any highway or road under its jurisdiction, and

WHEREAS the Code of Iowa, section 306.11 allows the Board to vacate a road right of held by easement that will not change the traveled portion of the road or deny access to adjoining landowners, and

WHEREAS a road vacation under the circumstances outlined in 306.11 does not require a hearing, and

WHEREAS there is excess right of way near the intersection of county road K-64 and 235th Street and

WHEREAS vacation of the excess right of way does not affect access or highway use, and

WHEREAS the current Board of Supervisors no longer believes the county needs to maintain its easement on the following county highway,

NOW THEREFORE BE IT RESOLVED that the Woodbury County Board of Supervisors, in session this 1st day of September, 2009, enters the following order in regard to the aforementioned road closure.

The Board of Supervisors orders the following described right of way be vacated. Said road is described as follows:

That portion of road right of way of 325th Street along the south line of the NW of section 28, T86N, R45W, Willow Township 5th P.M. Woodbury County, Iowa, established as road No. 196, also known as the West Fork and Sloan Road lying between K-64 and Skinner Dr. road.

SO ORDERED THIS 1ST DAY OF SEPTEMBER, 2009
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Walish second by Monson to approve a Memorandum of Understanding between Woodbury County Social Services and the Sioux City Community School District for clarification and specification of specific responsibilities between the parties involved for performance and funding of programming related to the Safe Schools/Healthy Students Initiative, per recommendation of Social Services Coordinator Patty Erickson-Puttmann. Carried 4-0; Boykin abstained. Copy filed.

Motion by Boykin second by Smith to approve and authorize the Chairman to sign a Bureau of Justice Assistance grant (JAG) award, per recommendation of Patty Erickson-Puttmann. Carried 5-0. Copy filed.

The Board discussed a budget amendment request for the Phoenix Program, submitted by Jackson Recovery Centers.

Daniel Gillette, MD, MHCM, FAPA, FACHE discussed with the Board the State Mental Health Facility Task Force.

Motion by Boykin second by Monson to receive for signatures a letter addressed to the State Mental Health Facility Task Force in support of maintaining the Cherokee Mental Health Institute (MHI). Carried 5-0.

The Board discussed options for the Courthouse cafeteria.

John Malloy, Director WCICC, and Bob Steen, WCICC staff, demonstrated a proposed and updated version of the County website.

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

Motion by Walish second by Boykin to go into closed session, per Iowa Code Section 21.5(1)(a). 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)(a). Carried 5-0 on a roll-call vote.

The Board adjourned the regular meeting until September 8, 2009.