Minutes - 1/12/2010

JANUARY 12, 2010 — SECOND MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, January 12, 2010 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.

Motion by Walish second by Monson to go into closed session per Iowa Code Section 20.17 (3). Carried 5-0 on a roll-call vote.

Motion by Monson second by Clausen to go out of closed session per Iowa Code Section 20.17 (3). Carried 5-0 on a roll-call vote.

The meeting was called to order.

Motion by Walish second by Smith to approve the Board minutes of the January 4, 2010 meeting as submitted. Carried
5-0. Copy filed.

The Board approved the reclassification of Larry D. Clausen, Board Member, Board of Supervisors, effective 01/04/2010, $30,628/year. From Board Chairman to Board Member, effective 01/04/2010. Copy filed.

The Board approved the reclassification of George W. Boykin, Board Chairman, Board of Supervisors, effective 01/04/2010, $36,466/year. From Board Member to Board Chairman, effective 01/04/2010. Copy filed.

The Board approved the appointment of Marvin E. Flewelling, Temporary Equipment Operator, Secondary Roads Dept., $18.07/hour, effective 01/13/2010. Not to exceed 120 days. Copy filed.

The Board approved the separation of Rita K. Wood, Process Server, County Sheriff Dept., effective 01/15/2010. Retirement. Copy filed.

Ed Gilliland, Gallagher Benefit Services, presented the Board with a year-end report on Woodbury County’s Health Insurance and an update on the Woodbury County Wellness Program.

Motion by Clausen second by Walish to receive as submitted the Commission of Veteran Affairs Quarterly Report for the 2nd quarter ending 12/31/2009. Carried 5-0. Copy filed.

The Board presented retiring County employee Rita Wood, with a Resolution thanking and commending her for her years of service as a Woodbury County employee.

Motion by Clausen second by Walish to approve setting the date of 01/26/2010, 10:15 a.m., as the sale date for a portion of real estate to be sold to the State of Iowa. Carried 5-0.

Motion by Clausen second by Monson to approve and receive for signatures, a resolution on assistance to stranded motorists in winter conditions. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION NO. #10,633
RESOLUTION ON ASSISTANCE TO STRANDED MOTORISTS IN WINTER CONDITIONS

WHEREAS, the Woodbury County Board of Supervisors is concerned about liability and traffic safety during winter maintenance operations and other natural or traffic emergencies on the secondary road system, and

WHEREAS, in the course of snow removal or other emergency response operations, Secondary Road equipment operators encounter vehicles that are stranded due to the vehicle sliding into a ditch or becoming stuck in snow which has drifted or accumulated on the road top, and

WHEREAS, operators of stranded vehicles frequently request assistance from Woodbury County Secondary Road equipment operators in freeing their vehicle, and,

WHEREAS, private vehicles can be inadvertently damaged in the course of removing them from snow drifts or ditches, and

WHEREAS, the County Engineer and County Attorney have reviewed the risks and liabilities of assisting vehicles by towing them from ditches or snow banks on which they are stranded, and

WHEREAS, the Board of Supervisors has reviewed the comments of staff and wants to provide direction to secondary road and other county staff members who receive such requests for assistance,

NOW, THEREFORE, IT IS HEREBY RESOLVED by the Woodbury County Board of Supervisors approves the following policy for assisting stranded vehicles on the Secondary Road System.

1) County vehicles and equipment shall not to be used to pull, tow, or otherwise remove vehicles stranded in snow or as a result of any other problem which causes the vehicle to be stuck on the traveled way or in an adjacent roadside ditch. County employees who disregard this instruction may be subject to disciplinary action.

2) County employees may, if operating a snow plow, clear as much snow as possible from around the stranded vehicle to provide improved conditions for a tow truck operator or other responder in removing the vehicle.

3) County employees may ascertain whether assistance has been summoned for stranded vehicle occupants. Employees may contact county dispatch or Secondary Road Department management staff to request assistance for the vehicle operator and passengers if the vehicle occupants are unable to request assistance on their own. If assistance is on the way and the vehicle is disabled, the employee may shelter the vehicle occupants in the county truck or motor grader temporarily. If the vehicle is disabled and help will be delayed or is unavailable, and the county vehicle is equipped to accommodate passengers, the county employee is authorized to drive the vehicle occupants to the nearest available shelter to await assistance. County employees may also request transportation assistance for vehicle occupants from county dispatch. Shelter may be a nearby farm house, town, or other location where the vehicle operator and passenger can await assistance without risk of injury or freezing.

4) If an employee encounters an abandoned vehicle, the employee should contact county dispatch or Secondary Road Department management staff either to request that the vehicle be towed. County Secondary Road Department management staff or county dispatch will call the Sheriff’s office to arrange to have the vehicle removed as an immediate and dangerous hazard under Section 318.3(6) and Section 318.5(1) of the Code of Iowa.

5) Woodbury County equipment may be used to assist stranded vehicles and equipment belonging to other Woodbury County departments upon request by another county department or employee. County equipment may assist stranded emergency equipment (fire trucks or ambulances) or utility equipment upon request by authorized representatives of the other county department, an emergency response official, or a utility official or employee. County staff members are to notify their departmental supervisory staff prior to assisting another county vehicle, emergency response vehicle, or utility equipment.

DATED this 12th day of January, 2010.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

The Board discussed a detour agreement between Woodbury County and the Iowa Department of Transportation for work on Highway 141, with the County Engineer.

Motion by Monson second by Smith to approve a detour agreement between Woodbury County and the Iowa Department of Transportation for work on Highway 141, with the County Engineer. Carried 5-0.

Motion by Monson second by Walish to approve and authorize the Chairman to sign a construction evaluation Resolution, relating to the construction of a confinement feeding operation structure, per recommendation of Planning and Zoning Administrator John Pylelo. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION #10,634
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 DNR’s 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, 2010 and January 31, 2011 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 board’s 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 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.

Williams and Company presented the Board with the fiscal year 2009 audit.

Motion by Walish second by Smith to receive as submitted the fiscal year 2009 audit report. 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.

Motion by Monson second by Smith to go into 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 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 approve the recommendation of the attorney in the previous session. Carried 5-0.

Executive session was requested.

Motion by Walish second by Clausen to go into closed session per Iowa Code Section 21.5 (1) (a) for a general relief appeal for L. A. Carried 5-0 on a roll-call vote.

Motion by Clausen second by Smith to go out of closed session per Iowa Code Section 21.5 (1) (a). Carried 5-0 on a roll-call vote.

Motion by Walish second by Clausen to uphold the decision of General Relief to deny assistance as discussed in the executive decision. Carried 5-0.

No executive session was requested. Appeal of a general relief decision on behalf of M.C. was heard.

Motion by Monson second by Walish to uphold the decision of General Relief to deny assistance. Carried 5-0.

A general relief appeal for R. R. was not held.

A general relief appeal for M. W. was not held.

Motion by Clausen second by Walish to receive the General Relief Administrative budget (General Basic) as submitted. Carried 5-0.

Motion by Monson second by Walish to receive the General Relief Assistance budget (General Basic) as submitted. Carried 5-0.

Motion by Smith second by Walish to receive the District Health Department budget (General Basic) as submitted. Carried 5-0.

Motion by Monson second by Smith to receive the Department of Human Services budget (General Basic) reduced by $11,500.00. Carried 5-0.

The Board recessed for lunch at 12:00 pm.

The Board resumed the regular meeting at 1:20 p.m.

Motion by Smith second by Monson to receive the Medical Examiner’s budget (General Basic) as submitted. Carried 5-0.

Motion by Monson second by Smith to receive the JAIB Grant budget as submitted. Carried 5-0.

Motion by Clausen second by Smith to receive non-County social service agencies budgets: the Council on Sexual Assault, Meals on Wheels, Senior Aides – WCCAA, Siouxland Regional Transit, Siouxland Senior Center, and Moville Senior Center, reduced to current fiscal year levels. Carried 5-0.

Motion by Monson second by Boykin to receive the County Treasurer Motor Vehicle budget (General Basic) reduced by $120,454.00. Carried 5-0.

Motion by Smith second by Walish to receive the County Treasurer Tax Department budget (General Basic) reduced by $1,200.00. Carried 5-0.

The Board adjourned the regular meeting until January 19, 2010.