Board Meetings

2021-06-29 Board of Supervisors Meeting

JUNE 29, 2021, TWENTY-SIXTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, June 29, 2021 at 4:30 p.m. Board members present were Monson, Radig, Ung (by phone), Wright, and De Witt. Staff members present were Heather Satterwhite, Public Bidder, Melissa Thomas, Human Resources Director, Joshua Widman, Assistant County Attorney, Dennis Butler, Finance Director, and Patrick Gill, Auditor/Clerk to the Board.

The regular meeting was called to order with the Pledge of Allegiance to the Flag and a Moment of Silence.

Patrick Benjamin, Climbing Hill, addressed the Board with concerns about the removal of a mailbox and a tree from his property.

Motion by De Witt second by Monson to approve the agenda for June 29, 2021. Carried 5-0. Copy filed.

Motion by Radig second by De Witt to approve the following items by consent:

To approve minutes of the June 21, 2021 meeting. Copy filed.

To approve the claims totaling $324,894.73. Copy filed.

To approve item to be auctioned per Personal Property Disposition Policy. Copy filed.

To approve and authorize the Chairperson to sign a Resolution approving abatement of taxes for Alvaro Torres, VIN #77A6485, 1977 Chief.

WOODBURY COUNTY, IOWA

RESOLUTION #13,194

RESOLUTION APPROVING ABATEMENT OF TAXES

WHEREAS, Alvaro Torres is the titleholder of a mobile home VIN #77A6485 located in Woodbury County, Iowa and legally described as follows:

VIN #77A6485 1977 Chief

WHEREAS, the above‑stated mobile home has taxes payable including special assessments and the mobile home is owned by Alvaro Torres.

WHEREAS, these taxes are uncollectable or impractical to pursue collection through personal judgment or tax sale.

WHEREAS, the Board of Supervisors sees that good cause exists for the abatement of these taxes and;

NOW, THEREFORE, BE IT RESOLVED, that the Woodbury County Board of Supervisors hereby abates the taxes owing on the above parcel according to Code of Iowa, 445.16 for the taxes owed and hereby directs the Woodbury County Treasurer to abate these aforementioned taxes from the tax records.

SO RESOLVED this 29th day of June, 2021.

WOODBURY COUNTY BOARD OF SUPERVISORS           

Copy filed.

To approve and authorize the Chairperson to sign a Resolution approving abatement of taxes for Kyle Johnson, VIN #INFL555A11538HP13, 2006 Fleetwood.

WOODBURY COUNTY, IOWA

RESOLUTION #13,195

RESOLUTION APPROVING ABATEMENT OF TAXES

WHEREAS, Kyle Johnson is the titleholder of mobile home VIN #INFL555A11538HP13, located in Woodbury County, Iowa and legally described as follows:

VIN #INFL555A11538HP13 2006 Fleetwood

WHEREAS, the above‑stated mobile homes has taxes payable including special assessments and the mobile homes are owned by Kyle Johnson.

WHEREAS, these taxes are uncollectable or impractical to pursue collection through personal judgment or tax sale.

WHEREAS, the Board of Supervisors sees that good cause exists for the abatement of these taxes and;

NOW, THEREFORE, BE IT RESOLVED, that the Woodbury County Board of Supervisors hereby abates the taxes owing on the above parcel according to Code of Iowa, 445.16 for the taxes owed and hereby directs the Woodbury County Treasurer to abate these aforementioned taxes from the tax records.

SO RESOLVED this 29th day of June, 2021.

WOODBURY COUNTY BOARD OF SUPERVISORS           

Copy filed.

To approve the reappointment of various Boards/Commissions. Copy filed.

To approve the appointment of Joseph Donovan to the Veteran Affairs Commissioner. Copy filed.

To approve the appointment of Kevin Grieme as the Health Representative to complete the term ending March, 2023 to the Community Action Agency of Siouxland Board of Directors. Copy filed.

To appoint Dawn Zahnley as the temporary service director for the Woodbury County Emergency Services department effective June 30, 2021. Copy filed.

To approve the promotion of Colin Ryan, Assistant County Engineer, Secondary Roads Dept., effective 06-28-21, $97,238/year, 40%=$27,903/year. Promotion from Civil Engineer Intern to Assistant County Engineer.; the reclassification of Dawn Zahnley, Clerk II, Emergency Services Dept., effective 06-30-21, $28.80/hour. Temporary Wage Increase.; the separation of Jill Fitch, P/T Courthouse Safety & Security Officer, County Sheriff Dept., effective 07-02-21. Resignation.; and the separation of Mark Perez, Civilian Jailer, County Sheriff Dept., effective 09-01-21. Retirement. Copy filed.

To approve and authorize the Chairperson to sign the Authorization to initiate the hiring process for Civilian Jailer, County Sheriff Dept. CWA: $21.02/hour (7-1-21 Wage). Copy filed.

To approve the request for Mark Perez to remain on the county dental insurance and for spouse to remain on health and dental insurance. Copy filed.

Presentation of Award Certificate to Kyle Gates. Copy filed.

To approve the underground utility permit for Farr Technologies. Copy filed.

Carried 5-0.

Motion by Monson second by De Witt to approve and authorize the Chairperson to sign a Resolution authorizing the use of a preliminary official statement in connection with the sale of General Obligation Urban Renewal County Road Improvement Bonds, Series 2021. Carried 5-0.

RESOLUTION #13,196

RESOLUTION AUTHORIZING THE USE OF A PRELIMINARY OFFICIAL STATEMENT IN CONNECTION

WITH THE SALE OF GENERAL OBLIGATION URBAN RENEWAL COUNTY ROAD IMPROVEMENT

BONDS, SERIES 2021

WHEREAS, Chapters 331 and 403 of the Code of Iowa authorize counties to enter into loan agreements and issue general obligation bonds for the purpose of paying the cost of planning, undertaking and carrying out certain types of urban renewal projects under the authority of Chapter 403, provided notice is published, including notice of the right to petition for an election; and

WHEREAS, the Board of Supervisors (the “Board”) of Woodbury County, Iowa (the “County”) has established the Grow Woodbury County Urban Renewal Area (the “Urban Renewal Area”), based on a finding of the need for economic development in the County and has amended the urban renewal plan for the Urban Renewal Area to designate an urban renewal project consisting of improvements to County gravel roads in order to assist economic development (the “Urban Renewal Project”); and

WHEREAS, the Board has proposed to enter into a loan agreement (the “General Obligation Urban Renewal County Road Improvement Loan Agreement”) and issue general obligation bonds in a principal amount not to exceed $10,000,000 (the “Bonds”), pursuant to the provisions of Section 331.402, Subsection 331.441(2)(b)(14), Section 331.442, Section 331.443 and Chapter 403 of the Code of Iowa, for the purpose of paying the costs of the Urban Renewal Project; and

WHEREAS, notice of the proposed action has been published, including the right to petition for an election, and a hearing has been held, and no petition has been filed asking that the question of entering into the Urban Renewal County Road Improvement Loan Agreement and issuing the Bonds be submitted to the registered voters of the County; and

WHEREAS, the Board has expressed its intent to enter into the Urban Renewal County Road Improvement Loan Agreement and to issue the Bonds; and

WHEREAS, a preliminary official statement (the “Preliminary Official Statement”) has been prepared to facilitate the sale of the Bonds, and it is necessary to make provision for the approval of the Preliminary Official Statement and to authorize its use by D.A. Davidson & Co.;

NOW, THEREFORE, It Is Resolved by the Board of Supervisors of Woodbury County, Iowa, as follows:

Section 1.              The use by D.A. Davidson & Co. of the Preliminary Official Statement related to the Bonds, in substantially the form as has been presented to and considered by the Board, is hereby approved, and D.A. Davidson & Co. is hereby authorized to prepare and use a final Official Statement for the Bonds substantially in the form of the Preliminary Official Statement, but with such changes therein as are required to conform the same to the terms of the Bonds and the resolution, when adopted, providing for the issuance of the Bonds, and the appropriate County officials are hereby authorized and directed to execute a final Official Statement for the Bonds, if requested. The Preliminary Official Statement as of its date is deemed final by the County within the meaning of Rule 15(c)(2)-12 of the Securities and Exchange Commission.

Section 2.              All resolutions or parts thereof in conflict herewith are hereby repealed to the extent of such conflict.

Passed and approved June 29, 2021.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Monson second by Radig to receive for signatures a Resolution setting date for public hearing for vacating road right-of-way. Carried 5-0.

RESOLUTION #13,197

A RESOLUTION SETTING DATE FOR PUBLIC

HEARING FOR VACATING ROAD RIGHT OF WAY

WHEREAS, the Woodbury County Board of Supervisors in accordance with Section 306.11, (Code of Iowa), as amended, seeks to set a date for public hearing to vacate platted roads and alleys, and

WHEREAS, described road has ceased being a benefit to the public,

NOW THEREFORE, BE IT RESOLVED by the Woodbury County Board of Supervisors that on Tuesday, July 27, 2021 at 4:40 P.M CST, at the Woodbury County Courthouse, 620 Douglas Street, Sioux City, Iowa, the County Board will hold a Public Hearing to vacate the right-of-way described as follows:

Vacate in Section 24, T89N R45W, the north one-half mile of Garner Avenue (Eldridge Road #291) more specifically described as beginning at the one-half section line thence north to the south right-of-way line of 130th Street.

SO RESOLVED this 29th day of June 2021.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by De Witt second by Monson to approve the federal aid project agreement for project #BRS-SWAP-CO97(147)—FF-97. Carried 5-0. Copy filed.

A public hearing was held at 4:45 p.m. for the second reading of Commercial Wind Energy Conversion Systems Ordinance. The Chairperson called on anyone wishing to be heard.

Christine Zellmer-Zant, Bronson, and David Waller, Hornick participated in the public hearing.

Motion by De Witt second by Monson to close the public hearing. Carried 5-0.

Motion by Radig second by Monson to approve the 2nd reading of the Commercial Wind Energy Conversion Systems Ordinance with a 1,250 ft. setback and a loess hills reference. Carried 4-1 on a roll call vote; De Witt opposed. Copy filed.

The Board recessed for a meeting of the Bennet McDonald Smithland Drainage Districts.

The Supervisors meeting was called back to order.

The Board heard reports on committee meetings.

There were no citizen concerns.

Board concerns were heard.

The Board adjourned the regular meeting until July 6, 2021.

Meeting sign in sheet. Copy filed.