Minutes - 7/7/2009

JULY 7, 2009TWENTY-EIGHTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, July 7, 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 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 06/30/2009 meeting as submitted. Carried 5-0. Copy filed.

The Board approved the reclassification of Sabrina L. Cooley, Part-time Youth Worker, Juvenile Detention Dept., $15.56/hour, effective 07/07/2009. Per AFSCME Juvenile Detention contract agreement, from Grade 1, Step 1 to Grade 1, Step 2. Copy filed.

The Board approved the reclassification of Amy F. Strim, Civilian Jailer, County Sheriff Dept., $16.81/hour, effective 07/11/2009. Per DSDOA/CWA contract agreement, from Class 3 to Class 2. Copy filed.

Ed Gillliland, Gallagher Benefit Services, presented the Board with the fiscal year 2008-2009 summary report of the Countys self-funded health insurance plan.

Motion by Monson second by Smith to approve the appointment of Marshall Sohm, 402 5th Street, Danbury to the Woodbury County Library Board of Directors. Carried 5-0.

Motion by Walish second by Smith to approve and authorize the Chairman to sign a Resolution approving petition for suspension of taxes through the redemption process for Emmett L. Saul, 510 W. 2nd Street, Sioux City. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION #10,580
RESOLUTION APPROVING PETITION FOR SUSPENSION
OF TAXES THROUGH THE REDEMPTION PROCESS

WHEREAS, Emmett L. Saul as joint titleholder of a real estate located at 510 W. 2nd Street, Sioux City, Woodbury County, Iowa, and legally described as follows:

Parcel #894729405005

West Fifty feet (50 ft) Lot Twenty (20) Block Eighteen (1 8) Sioux City Addition

WHEREAS, Emmett L. Saul, 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 #894729405005 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 7th day of July, 2009.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Boykin second by Walish to approve and receive for signatures, the fiscal year 2010 Appropriation Resolution. Carried 5-0.

WOODBURY COUNTY, IOWA
APPROPRIATION RESOLUTION
FOR FISCAL YEAR 2010
RESOLUTION #10,581

Whereas, it is desired to make appropriations for each Service Area and Program Activity of County Government for the Fiscal Year 2010, beginning July 1, 2009, and

Now, therefore, be it resolved by the Woodbury County Board of Supervisors that the amounts detailed by Service Area on
the Adopted FY 2010 Woodbury County Budget Summary Form 638-R constitute the authorization to make expenditures from the County's funds beginning July 1, 2009 and continuing until June 30, 2010, and

Furthermore, this Appropriation Resolution extends the spending authority of each County Program Activity to the amount appropriated to it as follows:

Fund/Dept/ Fund/Dept/ Fund/Dept/ Fund/Dept/
Division Amount Division Amount Division Amount Division Amount

001-0031 0 001-1001 1,151,258 001-1011 587,812 001-1015 306,288
001-1051 3,904,950 001-1052 888,715 001-1061 925,910 001-1063 408,291
001-1064 0 001-1065 86,635 001-1101 1,611,826 001-1103 83,794
001-1104 504,955 001-1111 90,500 001-3041 2,084,902 001-3101 180,000
001-3102 27,500 001-3112 211,700 001-3201 140,073 001-3211 85,000
001-3305 70,724 001-3403 5,700 001-3404 12,000 001-3405 10,688
001-3406 34,000 001-3407 11,052 001-3409 2,000 001-6101 306,679
001-6111 816,825 001-6113 262,426 001-6121 50,100 001-6421 18,000
001-8101 1,106,103 001-8111 474,504 001-9001 329,876 001-9002 153,860
001-9003 197,490 001-9006 8,197 001-9007 167,534 001-9011 352,862
001-9021 559,296 001-9032 13,200 001-9034 64,900 001-9101 867,805
001-9102 365,871 001-9103 304,180 001-9105 30,691 001-9107 40,000
001-9108 11,300 001-9111 1,221,863 001-9112 515,241 002-1211 494,424
002-1402 24,000 002-1422 630,971 002-1501 26,725 002-1621 220,000
002-3301 1,585,040 002-3302 670,233 002-3304 18,270 002-3311 214,781
002-3501 193,211 002-8001 334,688 002-8002 57,541 002-8011 37,450
002-8012 36,500 002-8013 36,361 002-8014 20,113 002-9003 68,171
002-9202 1,000,000 003-0227 350,000 005-1061 157,500 005-6101 85,000
005-9111 110,000 110-4000 1,901,650 110-4100 2,934,607 110-4200 7,225,514
110-4300 213,582 111-1002 507,707 111-6011 68,843 111-6021 193,413
111-6115 30,000 111-6201 6,270 111-6301 150,033 111-6304 5,000
111-8021 5,300 113-8112 210,000 114-8112 15,000 220-0200 1,498,000
220-7000 7,751,824 220-9003 21,644 229-1212 148,696 231-0221 232,466
259-1211 10,500 261-6401 171,892 266-6101 75,000 274-1101 30,000
278-1066 35,000 280-1006 5,000 448-0103 80,000 448-0104 160,000
448-0105 160,000 448-0108 160,000 448-0109 100,000 448-0113 11,520
448-0114 22,400 448-0115 5,440 448-0118 12,800 448-0119 15,000
667-6101 650,000 667-6102 3,500 667-6103 34,561 667-6118 450,000

Accordingly, until such time as a Service Area is identified as progressing to a spending level challenging its appropriation, a budget amendment per 331.435 will not be implemented.

However, should a Program Activity approach a spending level challenging its appropriation level, and the Service Area continues balanced, the Board of Supervisors will be requested to increase the Program's spending authority by resolving to permit such, and,

Additionally, the Board of Supervisors may be requested to decrease a Program's appropriation by 10% or $5,000, whichever is greater, to appropriate a like amount to a Program Activity requesting same: 331.434 sub 6 will govern actions in this regard.

The above and foregoing resolution was adopted by the Board of Supervisors of Woodbury County on June 24th, 2008 and certified as follows:

Woodbury County Board of Supervisors
Voting aye: Larry Clausen, Jaclyn Smith, Mark Monson, George Boykin, and Doug Walish.
Voting nay: None

Copy filed.

Motion by Walish second by Smith to approve and receive for signatures, a Resolution for inter-fund operating transfers. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION FOR INTERFUND OPERATING
RESOLUTION #10,582

Whereas, it is desired to authorize the Auditor to periodically transfer sums from the General Supplemental to the General Basic Fund during the Fiscal Year 2009-10 budget year, and

Whereas, said transfers must be in accordance with Section 331.432 Code of Iowa,

Whereas, the purpose of the transfers are to fund the appropriations for the matching FICA, IPERS, Health Insurance, Life Insurance and LTD costs expended from the General Basic Fund.

Now, therefore be it resolved by the Board of Supervisors of Woodbury County, Iowa, as follows:

The total maximum transfers from the General Supplemental Fund to the General Basic Fund for the fiscal year beginning July 1, 2009, shall not exceed the sum of $5,278,423.

The Auditor is directed to correct his books when said operating transfers are made and to notify the Treasurer of the amounts of said transfers.

The above and foregoing resolution was adopted by the Board of Supervisors of Woodbury County, Iowa on July 7th, 2009 the vote being as follows:

Woodbury County Board of Supervisors
Voting aye: Larry Clausen, George Boykin, Mark Monson, Doug Walish, and Jaclyn Smith.
Voting nay: None

Copy filed.

Motion by Smith second by Monson to approve and receive for signatures, a Resolution for inter-fund operating transfers. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION FOR INTERFUND OPERATING
RESOLUTION #10,583

Whereas, it is desired to authorize the Auditor to periodically transfer sums from the Rural Basic Services Fund to the County Library Fund during the Fiscal Year 2009-10 budget year, and

Whereas, said transfers must be in accordance with Section 331.432 Code of Iowa,

Whereas, the purpose of the transfers are to move the taxes levied on the township valuations, to the County Library Fund to pay their share of the expenses of the County Library.

Now, therefore be it resolved by the Board of Supervisors of Woodbury County, Iowa, as follows:

The total maximum transfers from the Rural Basic Services Fund to the County Library Fund for the fiscal year beginning July 1, 2009, shall not exceed the sum of $121,081.

The Auditor is directed to correct his books when said operating transfers are made and to notify the Treasurer of the amounts of said transfers.

The above and foregoing resolution was adopted by the Board of Supervisors of Woodbury County, Iowa on July 7th, 2009 the vote being as follows:

Woodbury County Board of Supervisors
Voting aye: Larry Clausen, George Boykin, Mark Monson, Doug Walish, and Jaclyn Smith.
Voting nay: None

Copy filed.

Motion by Boykin second by Smith to approve and receive for signatures, a Resolution for inter-fund operating transfers. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION FOR INTERFUND OPERATING
RESOLUTION #10,584

Whereas, it is desired to authorize the Auditor to periodically transfer sums from the Rural Basic Services Fund to the Secondary Roads Fund during the Fiscal Year 2009-10 budget year, and

Whereas, said transfers must be in accordance with Section 331.432 Code of Iowa,

Whereas, the purpose of the transfers are to move the taxes levied on the township valuations, to the Secondary Roads Fund to pay their share of the expenses of the Secondary Roads Fund.

Now, therefore be it resolved by the Board of Supervisors of Woodbury County, Iowa, as follows:

The total maximum transfers from the Rural Basic Services Fund to the Secondary Roads Fund for the fiscal year beginning July 1, 2009, shall not exceed the sum of $700,000.

The Auditor is directed to correct his books when said operating transfers are made and to notify the Treasurer of the amounts of said transfers.

The above and foregoing resolution was adopted by the Board of Supervisors of Woodbury County, Iowa on July 7th, 2009 the vote being as follows:

Woodbury County Board of Supervisors
Voting aye: Larry Clausen, George Boykin, Mark Monson, Doug Walish, and Jaclyn Smith.
Voting nay: None

Copy filed.

Motion by Walish second by Boykin to approve and receive for signatures, a Resolution for inter-fund operating transfers.
Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION FOR INTERFUND OPERATING
RESOLUTION #10,585

Whereas, it is desired to authorize the Auditor to periodically transfer sums from the River Boat Fund to the Equipment Replacement Fund during the Fiscal Year 2009-10 budget year, and

Whereas, said transfers must be in accordance with Section 331.432 Code of Iowa,

Whereas, the purpose of the transfers are to move Riverboat revenues to the Equipment Replacement Fund for the partial funding of the equipment replacements.

Now, therefore be it resolved by the Board of Supervisors of Woodbury County, Iowa, as follows:

The total maximum transfers from the Riverboat Fund to the Equipment Replacement Fund for the fiscal year beginning July 1, 2009, shall not exceed the sum of $208,000.

The Auditor is directed to correct his books when said operating transfers are made and to notify the Treasurer of the amounts of said transfers.

The above and foregoing resolution was adopted by the Board of Supervisors of Woodbury County, Iowa on July 7th, 2009 the vote being as follows:

Woodbury County Board of Supervisors
Voting aye: Larry Clausen, George Boykin, Mark Monson, Doug Walish, and Jaclyn Smith.
Voting nay: None

Copy filed.

Motion by Monson second by Smith to approve and receive for signatures, a Resolution for inter-fund operating transfers.
Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION FOR INTERFUND OPERATING
RESOLUTION #10,586

Whereas, it is desired to authorize the Auditor to periodically transfer sums from the Local Option Sales Tax Fund to the General Basic Fund during the Fiscal Year 2009-10 budget year, and

Whereas, said transfers must be in accordance with Section 331.432 Code of Iowa,

Whereas, the purpose of the transfers are to move Local Option Sales Tax Fund revenues to the General Basic Fund for the funding of this department,

Now, therefore be it resolved by the Board of Supervisors of Woodbury County, Iowa, as follows:

The total maximum transfers from the Local Option Sales tax Fund to the General Basic Fund for the fiscal year beginning July 1, 2009, shall not exceed the sum of $167,534.

The Auditor is directed to correct his books when said operating transfers are made and to notify the Treasurer of the amounts of said transfers.

The above and foregoing resolution was adopted by the Board of Supervisors of Woodbury County, Iowa on July 7th, 2009 the vote being as follows:

Woodbury County Board of Supervisors
Voting aye: Larry Clausen, George Boykin, Mark Monson, Doug Walish, and Jaclyn Smith.
Voting nay: None

Copy filed.

The Board discussed renewal of a GPS bracelet contract with Mark Olsen, Juvenile Detention Director.

Motion by Boykin second by Monson to approve and authorize the Chairman to sign a contract renewal for the Juvenile Court Services electronic bracelet monitoring system to be monitored by the Woodbury County Juvenile Detention Center, effective 07/01/2009 through 06/30/2010, in the amount not to exceed $23,000.00 annually. Carried 5-0. Copy filed.

Motion by Walish second by Smith to approve and authorize the Chairman to sign a Memorandum of Understanding between the Iowa Department of Public Health and Woodbury County Board of Supervisors, for providing assistance in the provision of the DARE program to middle school youth throughout the consolidated rural school districts and portions of the Sioux City Community School District, per recommendation of Patty Erickson-Puttmann, Social Services Coordinator. Carried 5-0. Copy filed.

The Board discussed various budget items or activities that the Office of Justice programs grant money may be used for, with Patty Erickson-Puttmann.

Motion by Boykin second by Walish to approve the disposition of funds as submitted. Carried 5-0.

Motion by Boykin second by Monson to approve and receive for signatures a Resolution setting the date for a public hearing for vacating road right-of-way for a portion of 280th Street, per recommendation of County Engineer Mark Nahra. Carried 5-0.

WOODBURY COUNTY, IOWA
A RESOLUTION SETTING DATE FOR PUBLIC
HEARING FOR VACATING ROAD RIGHT-OF -WAY
RESOLUTION #10,587

WHEREAS, the Woodbury County Board of Supervisors in accordance with Section 306.11, (Code of Iowa) 1997, as amended, seeks to set a date for public hearing to vacate a road legally described as follows:

Vacate all that portion of county road rightof-way described as follows.

A portion of 280th Street established as Road No. 164, also known as Wighman Road lying on the south line of the SE1/4 Section 36, T87N, R45W and the north line of the NE1/4 of Section 1, T86N, R45W, West Fork and Willow Townships of the 5th P.M. Woodbury County, Iowa. The area to be vacated is the entire portion of roadway laying either side of the section line of the existing 66 roadway.

NOW THEREFORE,

BE IT RESOLVED by the Woodbury County Board of Supervisors that on Tuesday, July 28, 2009 at 10:25 A.M CDST, the County will hold a Public Hearing to vacate the above described right-of-way.

SO RESOLVED this 7th day of July 2009
WOODBURY COUNTY, IOWA
Copy filed.

Motion by Walish second by Smith to approve and receive for signatures a Resolution setting the date for a public hearing for vacating road right-of-way for a portion of 250th Street, per recommendation of the County Engineer. Carried 5-0.

WOODBURY COUNTY, IOWA
A RESOLUTION SETTING DATE FOR PUBLIC
HEARING FOR VACATING ROAD RIGHT-OF -WAY
RESOLUTION #10,588

WHEREAS, the Woodbury County Board of Supervisors in accordance with Section 306.11, (Code of Iowa) 1997, as amended, seeks to set a date for public hearing to vacate a road legally described as follows:

Vacate all that portion of county road rightof-way described as follows.

A portion of 250th Street established as Road No. 898 lying on the south line of Section 18, T87N, R44W and north line of Section 19, T87N, R44W, Grant Township of the 5th P.M. Woodbury County, Iowa. The area to be vacated is the entire portion of roadway laying either side of the section line of the existing 40 roadway.

NOW THEREFORE,

BE IT RESOLVED by the Woodbury County Board of Supervisors that on Tuesday, July 28, 2009 at 10:25 A.M CDST, the County will hold a Public Hearing to vacate the above described right-of-way.

SO RESOLVED this 7th day of July 2009
WOODBURY COUNTY, IOWA
Copy filed.

Motion by Monson second by Walish to award the bid for the skid steer loader and accessories for the Secondary Roads Dept. to Titan Machinery, per recommendation of the County Engineer. Carried 5-0. Copy filed.

A public hearing was held regarding an ordinance re-zoning GIS parcel #884633200007, owned by K & L Properties,LLC (Kevin Alexander) and Hennings Properties (Dan and Eric Hennings). The Chairman called on anyone wishing to be heard.

Jeff Paulson, attorney representing Campus Lofts, presented his clients position to the Board.

Eric Hennings, Campus Lofts, addressed the Board.

Don Ronfeldt, Bronson Mayor, appeared before the Board and expressed the communitys support for Campus Lofts position.

Arvin Nelson, Planning and Zoning Commission addressed the Board and explained the Planning and Zoning Commissions position.

Rochelle Lundy, Realtor working with Hennings, expressed support for the Campus Lofts position.

Motion by Boykin second by Smith to close the hearing. Carried 5-0.

Motion by Monson second by Walish to approve and receive for signatures an ordinance approving the re-zoning of GIS parcel #884633200007 from agricultural preservation to general commercial-planned development as approved and submitted by the Planning and Zoning Commission. No vote taken.

Motion by Walish second by Boykin to amend the previous motion by substituting an amended Ordinance No. 27 with a setback restriction. Carried 5-0 on a roll call vote. Copy filed.

The motion as amended carried 5-0 on a roll call vote.

Motion by Walish second by Boykin to approve suspending the second and third reading of the ordinance. Carried 5-0 on a roll call vote.

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 July 14, 2009.