Minutes - 3/7/2017

 MARCH 7, 2017, TENTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, March 7, 2017 at 3:00 p.m.  Board members present were Ung, De Witt, Radig, Taylor, and Pottebaum.  Staff members present were Dennis Butler, Budget/Tax Analyst, Karen James, Board Administrative Coordinator, Ed Gilliland, Human Resources Director, Abigail Sills, Assistant County Attorney and Patrick Gill, Auditor/Clerk to the Board.

Courthouse Foundation Meeting.

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

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

Motion by Radig second by Taylor to approve the recommendation by the County Attorney to hire counsel to present the county in the matter discussed in the previous executive session.  Carried 5-0 a roll-call vote.

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

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

Motion by Ung second by Radig to approve the recommendation of the attorney in the previous executive session to hire up to two expert witnesses to represent the county in the matter discussed in the previous session.  Carried 5-0.

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

Paul E. Taylor II presented the Board with a memo regarding a FEMA notification.

Motion by Ung second by Taylor to approve the Agenda for March 7, 2017.  Carried 5-0.  Copy filed.

Motion by Radig second by Taylor to approve the following items by consent:

To approve minutes of the February 28, 2017 meeting.  Copy filed.

To approve the claims totaling $568,248.00.  Copy filed.

To approve the appointment of Sabrina Ward, Civilian Jailer, County Sheriff Dept., effective 03-14-17, $18.00/hour.  Job Vacancy Posted 10-19-16.  Entry Level Salary:  $18.00/hour.; the appointment of Amanda Quade, Civilian Jailer, County Sheriff Dept., effective 03-16-17, $18.00/hour.  Job Vacancy Posted 01-12-17.  Entry Level Salary:  $18.00/hour.; and the reclassification of Kayla Vandromme, P/T Youth Worker, Juvenile Detention Dept., effective 03-19-17, $22.60/hour, 17%=$3.28/hour.  Per AFSCME Juvenile Detention Contract agreement, from Grade 1/Step 3 to Grade 1/Step 4.  Copy filed.

To approve and authorize the Chairperson to sign the Authorization to initiate the hiring process for Clerk II, County Sheriff Dept., AFSCME Courthouse:  $15.64/hour  Copy filed.

To approve an application for a 12-month, Class A Liquor License (LA) (Private Club), with Sunday sales privileges for the White Horse Patrol Club, Sergeant Bluff, IA, effective 04/05/17 through 04/04/18.  Copy filed.

Approve and authorize the Chairperson to sign a Resolution for the Final Platting of R.J. Addition – a minor subdivision, GIS #894518100008.

BOARD OF SUPERVISORS

RESOLUTION #12,501

RESOLUTION ACCEPTING AND APPROVING R.J. ADDITION, WOODBURY COUNTY, IOWA

WHEREAS, THE OWNERS AND PROPRIETORS DID ON THE 31ST DAY OF JANUARY, 2017, FILE WITH THE WOODBURY COUNTY ZONING COMMISSION A CERTAIN PLAT DESIGNATED AS R. J. ADDITION, WOODBURY COUNTY,  IOWA; AND

WHEREAS, IT APPEARS THAT SAID PLAT CONFORMS WITH ALL OF THE PROVISIONS OF THE CODE OF THE STATE OF IOWA AND ORDINANCES OF WOODBURY COUNTY, IOWA, WITH REFERENCE TO THE FILING OF SAME; AND

WHEREAS, THE ZONING COMMISSION OF WOODBURY COUNTY, IOWA HAS RECOMMENDED THE ACCEPTANCE AND APPROVAL OF SAID PLAT; AND

WHEREAS, THE COUNTY ENGINEER OF WOODBURY COUNTY, IOWA HAS RECOMMENDED THE ACCEPTANCE AND APPROVAL OF SAID PLAT.

NOW THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE WOODBURY COUNTY BOARD OF SUPERVISORS, WOODBURY COUNTY, STATE OF IOWA, THAT THE PLAT OF R. J. ADDITION, WOODBURY COUNTY, IOWA BE, AND THE SAME IS HEREBY ACCEPTED AND APPROVED, AND THE CHAIRMAN AND SECRETARY OF THE WOODBURY COUNTY BOARD OF SUPERVISORS, WOODBURY COUNTY, STATE OF IOWA, ARE HEREBY DIRECTED TO FURNISH TO THE OWNERS AND PROPRIETORS A CERTIFIED COPY OF THIS RESOLUTION AS REQUIRED BY LAW.

PASSED AND APPROVED THIS 7th DAY MARCH, 2017.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Carried 5-0.

A public hearing was held at 4:35 p.m. for the sale of parcel #194595, 320 Argonne Place.  The Chairperson called on anyone wishing to be heard.

Motion by Ung second by Taylor to close the public hearing.  Carried 5-0.

Motion by Taylor second by Pottebaum to approve and authorize the Chairperson to sign a Resolution for the sale of this parcel to Jonathan and Melissa Neuhardt, 3642 Grandview Blvd., Sioux City, IA, for real estate parcel #194595, 320 Argonne Place,  for $127.00 plus recording fees.  Carried 5-0.

RESOLUTION OF THE BOARD

OF SUPERVISORS OF WOODBURY COUNTY, IOWA

RESOLUTION #12,502

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

By   Jonathan Neuhardt & Melissa Neuhardt in the sum of One Hundred Twenty-Seven Dollars & 00/100 ($127.00)-----------------------------------------------------dollars.

For the following described real estate, To Wit:  

Parcel #194595

South 16 ft VAC 37th St. North of Lots 7-8 West ½ Lot 9 Block 4 Hatfield Addition, City of Sioux City, Woodbury County, Iowa

(320 Argonne Place)

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 7th Day of March, 2017.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

A public hearing was held at 4:37 p.m. for the sale of parcel #016488, 1221 Tri-View Ave.  The Chairperson called on anyone wishing to be heard.

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

Motion by Ung second by Taylor to approve and authorize the Chairperson to sign a Resolution for the sale of this parcel to Redwood Holdings, LLC, 1114 14th St., Sioux City, IA, for real estate parcel #016488, 1221 Tri-View Ave.,  for $5,000.00 plus recording fees.  Carried 5-0.

RESOLUTION OF THE BOARD

OF SUPERVISORS OF WOODBURY COUNTY, IOWA

RESOLUTION #12,503

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

By   Redwood Holdings LLC in the sum of Five Thousand Dollars & 00/100 ($5,000.00)-----------------------------------------------------dollars.

For the following described real estate, To Wit:  

Parcel #016488

A tract of land being part of vacated Isabella Street and part of Tax Lot 5 of the auditor’s plat of Tax Lots in Government Lots 1, 2, 3 and 4 of Section 29, Township 89 North, Range 47 West of the 5th P.M., Sioux City, Woodbury County, Iowa, described as follows:

Commencing at the intersection of North line of West Highland Avenue and the East line of Isabella Street; Thence South along said East line for 432.19 feet; Thence Southeasterly along the Southerly Line of South Myrtle Street for 118.95 feet; Thence South for 178.00 feet to the Northerly Line of the Tri View Avenue; Thence Northwesterly along the Northerly Line of the Tri View Avenue for 29.00 feet to the Point of Beginning; Thence continuing along the Northerly Line of Tri View Avenue for 51.00 feet; Thence continuing along the Northerly Line of Tri View Avenue for 71.12 feet to the Center Line of vacated Isabella Street; Thence North along said Center Line for 65.00 feet; Thence Southeasterly for 121.70 feet; Thence South for 67.25 feet to the Point of Beginning. (1221Tri-View Avenue)

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 7th Day of March, 2017.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Radig second by Taylor to approve to participate with the City of Sioux City in the submission of the Edward J. Bryne Memorial Justice Grant (JAG) and Residential Substance Abuse Treatment (RSAT) Program application to the Governor’s Office of Drug Control Policy.  Carried 5-0.  Copy filed.

A public hearing was held at 4:45 p.m. for tower lease with Motorola Solutions, Inc. within the Homer Tower site.

Motion by Taylor second by Ung to close the public hearing.  Carried 5-0.

Motion by Radig second by Taylor to approve a tower lease with Motorola Solutions, Inc. for an initial term of thirteen (13) years between Woodbury County, Starcomm, and Motorola Solutions, Inc. for Starcomm Homer Tower at 2100 Platt Road, Homer, NE.  Carried 5-0.  Copy filed.

A public hearing was held at 4:50 p.m. for tower lease with Motorola Solutions, Inc. within the Anthon Tower site.   Motion by Taylor second by Ung to close the public hearing.  Carried 5-0.

Motion by Pottebaum second by Radig to approve a tower lease with Motorola Solutions, Inc. for an initial term of thirteen (13) years between Woodbury County, Starcomm, and Motorola Solutions, Inc. for Starcomm Anthon Tower at 2028 Jasper Ave., Moville, IA.  Carried 5-0.  Copy filed.

A public hearing was held at 4:55 p.m. for tower lease with Motorola Solutions, Inc. within the East Tower site.   Motion by Taylor second by Ung to close the public hearing.  Carried 5-0.

Motion by Pottebaum second by Ung to approve a tower lease with Motorola Solutions, Inc. for an initial term of thirteen (13) years between Woodbury County, Starcomm, and Motorola Solutions, Inc. for Starcomm East Tower at 2267 O’Brien Ave., Anthon, IA.  Carried 5-0.  Copy filed.

Motion by Taylor second by Ung to defer action to approve and authorize the Chairperson to sign a Resolution for Notice of Property Lease fixing date for public hearing for an agreement for Motorola Solutions, Inc. to lease space within the West Tower site for their operations.  Carried 5-0.

Motion by Taylor second by Ung to approve and authorize the Chairperson to sign a Resolution for Notice of Property Lease fixing date for public hearing for an agreement for Motorola Solutions, Inc. to lease space within the WIT Tower site for their operations.  Carried 5-0.

RESOLUTION #12,505  

WHEREAS Woodbury County, Iowa is the deed holder to certain radio communications tower sites on the Siouxland Tri-State Radio Communications System (hereinafter referred to as “STARCOMM”); and

WHEREAS Motorola Solutions Inc. (hereinafter referred to as “Motorola”) desires to enter a lease with Woodbury County, Iowa, City of Sioux City and Starcomm to use the Starcomm WIT Tower Site located at 4647 Stone Ave. for the purposes of a public safety radio communications system:

NOW THEREFORE,   BE IT RESOLVED by the Board of Supervisors of Woodbury County, Iowa as follows:

1.   That a public hearing on the aforesaid proposal shall be held on the  March 14th, 2017 at 4:45 pm in the basement of the Woodbury County Courthouse.      

2.   That said Board proposes to lease space on the Starcomm system to Motorola for an initial term of thirteen (13) years with the possibility of four  (4) additional five (5) year renewal terms.      

3.   That said Board proposes to lease the real estate as a partnership with Motorola to connect the Starcomm radio system to the State of Iowa’s Statewide Radio system with equipment installed in the Starcomm WIT Tower site located at 4647 Stone Ave., Sioux City, Iowa.

4.  That this resolution, preceded by the caption "Notice of Property Lease" and except for this subparagraph 4 be published as notice of the aforesaid proposal, hearing and sale.  

Dated this 7th day of March, 2017.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Ung second by Radig to accept job title change from Board Administrative Coordinator to Board Administrative Assistant, and accept the updated job descriptions for Administrative Assistant and Executive Secretary/Public Bidder.  Carried 5-0.  Copy filed.

Motion by Taylor second by De Witt to approve the Annual Fall Safety and Health/Wellness Fair.  Carried 5-0.  Copy filed.

Information on Active Management Role of County Supervisors.  Copy filed.

Motion by Ung second by Radig to approve the certificate of completion for project 2016 Pavement Markings with Vogel Traffic, Orange City, IA for $50,302.00.  Carried 5-0.  Copy filed.

Motion by Taylor second by Radig to approve the certificate of completion for project #GH-2017 Stockpile with Hallett Materials, Wall Lake, IA, for $962,700.00.  Carried 5-0.  Copy filed.

Motion by Ung second by Radig to approve the certificate of completion for project #L-B(W153)—73-97 with Dixon Construction, Correctionville, IA, for $483,766.00.  Carried 5-0.  Copy filed.

Motion by Taylor second by Radig to approve the contract with Calhoun Burns and Associates for bridge inspection for calendar year 2017.  Carried 5-0.  Copy filed.

Motion by Radig second by Taylor to approve the contract and bond for project #L-M208—73-97 with Midwest Contracting, Marshall, MN, for $127,366.00.  Carried 5-0.  Copy filed.

Motion by Radig second by Taylor to receive for signatures a Resolution establishing new speed limits on 235th St. and Allison Ave.  Carried 5-0.

SPEED LIMIT RESOLUTION

ALLISON AVENUE

RESOLUTION #12,506

WHEREAS:  The Board of Supervisors of Woodbury County is empowered under the authority of sections 321.255 and 321.285, subsection 4 of the Code of Iowa to determine upon the basis of an engineering and traffic investigation conducted by the County Engineer that the speed limit of any secondary road is greater than is reasonable and proper under the conditions existing, and may determine and declare a reasonable and proper speed limit, and

WHEREAS:  Such investigation has been requested and completed and the county engineer has reached an opinion concerning the reasonable and proper speed for the road listed herein,

NOW, THEREFORE BE IT RESOLVED, by the Woodbury County Board of Supervisors that the following speed limit be established and appropriate signs erected at the locations described as follows:

1). Beginning at the intersection of 225th Street and Allison Avenue then proceeding south on Allison Avenue to the end of the county maintenance, a speed limit of 45 miles per hour is established.

2). Beginning at the intersection of Andrew Avenue and 235th Street then proceeding west on 235th Street to the intersection of Allison Avenue, a speed limit of 45 miles per hour is established.

Speed limit shall be effective when appropriate signs giving notice of the speed limits are erected.

Passed and approved this 7th day of March, 2017

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Radig second by Taylor to receive for signatures a Resolution to remove stop signs at the intersection of Allison Ave. and 235th St.  Carried 5-0.

RESOLUTION FOR THE REMOVAL OF STOP SIGNS AT THE INTERSECTION OF 235TH

STREET AND ALLISON AVENUE

RESOLUTION #12,507

WHEREAS, under the provisions of Section 321.255 and 321.236 (1C)(6) of the 2017 Code of Iowa, the Board of Supervisors and County Engineer are empowered to designate the location and erection of stop signs,

AND WHEREAS, the County Board and County Engineer may designate certain roads as through roads with the erection of stop signs at specified locations furnishing access thereto or designation of any intersection as a stop intersection and erect like signs at one or more locations of access to such intersections.

AND WHEREAS, traffic through the intersection changed due to the use of 235th Street and Allison Avenue as haul roads during the construction of the new CF Industries plant, resulting in a significant change to the volume of traffic at this intersection,

AND WHEREAS, said traffic is no longer present with the completion of the project, 

AND WHEREAS, there is currently a stop sign controlling eastbound and westbound traffic at the intersection,

AND WHEREAS, with the restoration of preconstruction levels of traffic at the intersection, it is no longer necessary to control traffic with a four way stop,  

NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors of Woodbury County on this 7th day of March, 2017, approves the removal of stop signs at the intersection described below:

1.  Located at the W ¼ corner of Section 25, T87N, R48W, designated as the intersection of 235th Street and Allison Avenue, remove stop signs causing traffic travelling on Allison Avenue northbound and southbound to come to a complete stop.

Passed and approved this 7th day of March, 2017

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Taylor second by Ung to receive for signatures a Resolution establishing new 45 mph speed limits on Easter Ave.  Carried 5-0.

SPEED LIMIT RESOLUTION

EASTER AVENUE

RESOLUTION #12,508

WHEREAS:  The Board of Supervisors of Woodbury County is empowered under the authority of sections 321.255 and 321.285, subsection 4 of the Code of Iowa to determine upon the basis of an engineering and traffic investigation conducted by the County Engineer that the speed limit of any secondary road is greater than is reasonable and proper under the conditions existing, and may determine and declare a reasonable and proper speed limit, and

WHEREAS:  Such investigation has been requested and completed and the county engineer has reached an opinion concerning the reasonable and proper speed for the road listed herein,

NOW, THEREFORE BE IT RESOLVED, by the Woodbury County Board of Supervisors that the following speed limit be established and appropriate signs erected at the locations described as follows:

1). Beginning at the intersection of 150th Street and Easter Avenue, designated county route K49, then proceeding south on Easter Avenue to the north city limit of Lawton, Iowa, a speed limit of 45 miles per hour is established.

Speed limit shall be effective when appropriate signs giving notice of the speed limits are erected.

Passed and approved this 7th day of March, 2017

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

The Chairperson reported on the day-to-day activities.

The Board members reported on their committee meetings.

There were no citizen concerns.

Board members presented their concerns and comments.

The Board adjourned the regular meeting until March 14, 2017.

Meeting sign in sheet.  Copy filed.