Minutes - 6/16/2020

JUNE 16, 2020, TWENTY-FIFTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, June 16, 2020 at 4:30 p.m.  Board members present were Pottebaum, Radig, De Witt, and Ung.  Staff members present were Karen James, Board Administrative Assistant, Dennis Butler, Budget/Tax Analyst, Melissa Thomas, HR Director, Joshua Widman, Assistant County Attorney, 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.
      
There were no citizen concerns.

Motion by Ung second by De Witt to approve the agenda for June 16, 2020, Carried 4-0.  Copy filed.
 
Motion by Ung second by Radig to approve the following items by consent:

To approve minutes of the June 9, 2020 meeting.  Copy filed.

To approve the claims totaling $449,860.92.  Copy filed.

To approve the promotion of Stacy Ritchie, Senior Clerk, Human Resources Dept., effective 06-17-20, $19.32/hour, 14.7%=$2.48/hour.  Promotion from Clerk II to Senior Clerk.; the separation of Arthur Doakes, Deputy Sheriff,  County Sheriff Dept., effective 06-26-20.  Resignation.; and the reclassification of Charli Polley, % Deputy, County Treasurer Dept., effective 07-01-20, $61,012.39/year, 11%=$6,200.39/yr.  Per County Treasurer, from 60% to 65% Deputy.   Copy filed.

To approve and authorize the Chairperson to sign the Authorization to initiate the hiring process for Sheriff Deputy, County Sheriff Dept.  CWA:  $24.41/hour; and Clerk II, Human Resources Dept.  Wage Plan:  $16.84/hour.  Copy filed.

To approve the contract with Cost Advisory Services, Inc. to provide professional consulting services to Woodbury County, Iowa.  Copy filed.

To approve and authorize the Chairperson to sign a Resolution adopting and levying special assessment in the McCandless Inter-County Drainage District of Monona and Woodbury Counties, Iowa.

RESOLUTION #13,002
RESOLUTION ADOPTING AND LEVYING SPECIAL ASSESSMENT IN
THE MCCANDLESS INTER-COUNTY DRAINAGE OF MONONA
AND WOODBURY COUNTIES, IOWA

WHEREAS, the Board of Trustees of the McCandless Inter-County Drainage District, in session on the 18th day of March, 2020, requested that the Board of Supervisors levy a special assessment of One Hundred Percent (100%) of the Original Assessment on all tracts of land, lots, public roads, and railroads in the McCandless Inter-County Drainage District to procure funds from which to pay the costs and expenses of repair and maintenance incurred.

NOW, THEREFORE, BE IT RESOLVED by the Joint Board of Supervisors of Monona and Woodbury Counties, Iowa, acting as a Drainage Board for the McCandless Inter-County Drainage District, that there be and is hereby levied upon all tracts of land, lots, public roads, and railroads in the McCandless Inter-County Drainage District of Monona and Woodbury Counties, Iowa, a special assessment in the amount of One Hundred Percent (100%) of the Original Assessment, and the Auditors of Monona and Woodbury Counties, Iowa, be directed and ordered to spread such levy upon said lands, to be collected under §468.55 in semi-annual installments in the same manner as general property taxes are collected pursuant to §445.36 in the year 2020-2021.

PASSED and APPROVED this 16th day of June, 2020
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

To approve and authorize the Chairperson to sign a Resolution adopting and levying special assessment in the Sandhill-Lakeport Inter-County Drainage District of Monona and Woodbury Counties, Iowa.

RESOLUTION #13,003
RESOLUTION ADOPTING AND LEVYING SPECIAL ASSESSMENT IN
THE SANDHILL-LAKEPORT INTER-COUNTY DRAINAGE OF MONONA
AND WOODBURY COUNTIES, IOWA

WHEREAS, the Board of Trustees of the Sandhill-Lakeport Inter-County Drainage District, in session on the 10th day of May, 2020, requested that the Board of Supervisors levy a special assessment of Fifty Percent (50%) of the Original Assessment on all tracts of land, lots, public roads, and railroads in the Sandhill-Lakeport Inter-County Drainage District to procure funds from which to pay the costs and expenses of repair and maintenance incurred.

NOW, THEREFORE, BE IT RESOLVED by the Joint Board of Supervisors of Monona and Woodbury Counties, Iowa, acting as a Drainage Board for the Sandhill-Lakeport Inter-County Drainage District, that there be and is hereby levied upon all tracts of land, lots, public roads, and railroads in the Sandhill-Lakeport Inter-County Drainage District of Monona and Woodbury Counties, Iowa, a special assessment in the amount of Fifty Percent (50%) of the Original Assessment, and the Auditors of Monona and Woodbury Counties, Iowa, be directed and ordered to spread such levy upon said lands, to be collected under §468.55 in semi-annual installments in the same manner as general property taxes are collected pursuant to §445.36 in the year 2020-2021.

PASSED and APPROVED this 16th day of June, 2020
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

To approve and authorize the Chairperson to sign a Resolution adopting and levying special assessment in the Little Sioux Inter-County Drainage District of Monona, Woodbury, and Harrison Counties, Iowa.

RESOLUTION #13,004
RESOLUTION ADOPTING AND LEVYING SPECIAL ASSESSMENT IN
THE LITTLE SIOUX INTER-COUNTY DRAINAGE OF MONONA,
WOODBURY, AND HARRISON COUNTIES, IOWA

WHEREAS, the Board of Trustees of the Little Sioux Inter-County Drainage District, in session on the 2nd day of April, 2020, requested that the Board of Supervisors levy a special assessment of Sixty-five (65%) Percent of the Original Assessment on all tracts of land, lots, public roads, and railroads in the Little Sioux Inter-County Drainage District to procure funds from which to pay the costs and expenses of repair and maintenance incurred.

NOW, THEREFORE, BE IT RESOLVED by the Joint Board of Supervisors of Monona, Woodbury and Harrison Counties, Iowa, acting as a Drainage Board for the Little Sioux Inter-County Drainage District, that there be and is hereby levied upon all tracts of land, lots, public roads, and railroads in the Little Sioux Inter-County Drainage District of Monona, Woodbury and Harrison Counties, Iowa, a special assessment in the amount of Sixty-five (65%) Percent of the Original Assessment, and the Auditors of Monona, Woodbury and Harrison Counties, Iowa, be directed and ordered to spread such levy upon said lands, to be collected under §468.55 in semi-annual installments in the same manner as general property taxes are collected pursuant to §445.36 in the year 2020-2021.

PASSED and APPROVED this 16th day of June, 2020
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Carried 4-0.

Motion by Pottebaum second by Radig to receive for signatures a Resolution to recognize Briese Lane as part of the Secondary Road system.  Carried 4-0.  

WOODBURY COUNTY, IOWA
A RESOLUTION TO RECOGNIZE BRIESE LANE AS PART OF THE
SECONDARY ROAD SYSTEM
RESOLUTION #13,005

WHEREAS, the Woodbury County Board of Supervisors under Chapter 306.4 has jurisdiction over the Woodbury County secondary road system, and

WHEREAS, Chapter 306.10 gives said Board the power to establish, alter, or vacate roads on the secondary road system, and

WHEREAS, the County Engineer has determined that a dead-end road in section 1, township 88 north, range 43 west has been maintained as a county route, but was left unnamed when county rural addressing was established,

WHEREAS, the road remains in county jurisdiction and is maintained in compliance with county road standards,
      
NOW THEREFORE BE IT RESOLVED by the Woodbury County Board of Supervisors that a street that is hereby established as Briese Lane, beginning at its intersection with Iowa State Highway 31 in section 1, township 88 north, range 43 west, and continuing east to the end of the public right of way, has been accepted into the Woodbury County Secondary Road system as a county road and that the road is open to the public.

SO RESOLVED, dated this 16th day of June, 2020.  
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Radig second by Ung to receive for signatures a Resolution declaring support and intent of the placement of Historic Route 20 signage on the County/State maintained road.  Carried 4-0.

WOODBURY COUNTY, IOWA
RESOLUTION #13,008
A RESOLUTION DELCLARING SUPPORT AND INTENT OF THE PLACEMENT OF
HISTORIC ROUTE 20 SIGNAGE ON THE COUNTY/STATE MAINTAINED ROAD

WHEREAS, U.S. Highway Route 20 was created in 1926 from Boston, MA to Yellowstone National Park, WY; and

WHEREAS, by 1943, U.S. Highway Route 20 was extended to Newport, OR – a distance of 3,365 miles; and

WHEREAS, U.S. Highway Route 20 extended 333 miles between Dubuque and Sioux City, Iowa; and

WHEREAS, U.S. Highway Route 6 was decommissioned in most of California in 1964, making U.S. Highway Route 20 the longest highway in the country; and

WHEREAS, over the years, U.S. Highway Route 20 has conveyed commerce and pleasure travelers whose needs were met by nearby cities and counties; and

WHEREAS, The State of Iowa has been working since 1952, to relocate U.S. Highway Route 20 to a four-lane highway; and

WHEREAS, though largely supplanted by the four-lane highway route, the original segment of U.S. Highway Route 20 remains, although most are no longer identified as such; and

WHEREAS, former U.S. Highway Route 20 served as the main street of many Iowa cities and towns along its length and, though no longer designated as former U.S. Highway Route 20, these segments represent both state and local historic significance; and

WHEREAS, the Historic US Route 20 Association, Inc., is a nonprofit 501(c)3 organization aimed to promote tourism and economic development along the original 1926 alignment of US Route 20; and

WHEREAS, the Historic Route 20 Association, Inc., provides historic route markers to act as a wayfinding tool to guide tourists and travelers on the 1926 alignment to a local agency; and

WHEREAS, designation of a Historic Route and the permission of placement of historic markers on State Public Highways must come from the Iowa Department of Transportation; and

WHEREAS, without formal designation, the history and contribution of these segments of U.S. Highway Route 20 to the development of the state would remain less known; and

WHEREAS, recognition of these segments will foster the economic health and cultural preservation of small communities and towns located along the highway; and

WHEREAS, it is fitting that a means to designate these historic sections of former U.S. Highway Route 20 be established.

NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE WOODBURY COUNTY BOARD OF SUPERVISORS:
Woodbury County hereby recognizes the original 1926 segment of former U.S. Highway Route 20 in the County of Woodbury, Iowa as Historic Route 20 (Iowa) for its historical significance and importance in the development of Iowa.

BE IT FURTHER RESOLVED that the County of Woodbury, Iowa commits to the permitting and placement of Historic Route 20 Markers within its borders, including the State DOT Highway.

BE IT FURTHER RESOLVED that the Iowa Department of Transportation, upon receipt of this resolution by all interested local agencies along the original segment of U.S. Highway Route 20, to designate that section of highway as Historic Route 20 (Iowa).

BE IT FURTHER RESOLVED the Clerk of the County of Woodbury, Iowa transmit copies of this resolution to the Historic US Route 20 Association.

NOW, THEREFORE, BE IT RESOLVED BY THE CHAIRMAN OF THE WOODBURY COUNTY BOARD SUPERVISORS FOR WOODBURY COUNTY, IOWA that we are in support of the recognition and designation of Historic Route 20 and the placement of Historic Route 20 Markers.

BE IT SO RESOLVED this 16th day of June 2020.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Ung second by De Witt to approve the SIMPCO membership dues for Rural cities proposal and pay up to $7,279 in LOST funds for FY21.  Carried 4-0.  Copy filed.

A public hearing was held at 4:45 p.m. for proposed 2020 amendment to Urban Renewal Plan Grow Woodbury County Urban Renewal Area.  The Chairperson called on anyone wishing to be heard.

Rod Earlywine, Superintendent of the Sergeant Bluff-Luton Community School District, spoke in opposition of the amendment.  Dennis Butler, Woodbury county Budget/Tax Analyst, presented information to the Board on the proposed amendment.

Motion by Ung second by De Witt to close the public hearing.  Carried 4-0.

Motion by De Witt second by Pottebaum to approve and authorize the Chairperson to sign a Resolution 2020 Urban Renewal Plan Amendment for the Grow Woodbury County Urban Renewal Area.  Carried 4-0.

RESOLUTION #13,006
A RESOLUTION TO APPROVE 2020 URBAN PLAN AMENDMENT FOR THE GROW
WOODBURY COUNTY URBAN RENEWAL AREA

WHEREAS, the Board of Supervisors of Woodbury County, Iowa (the “County”) has created the Grow Woodbury County Urban Renewal Area (the “Urban Renewal Area”) and has approved an urban renewal plan for the Urban Renewal Area; and

WHEREAS, Chapter 403 of the Code of Iowa requires that, before a county approves any new urban renewal project, or adds property to an urban renewal area, a county must amend the existing urban renewal plan to include that  new project or new property; and

WHEREAS, on October 22, 2019, the Board approved the 2019 Amendment to the urban renewal plan for the Urban Renewal Area which described a new urban renewal project consisting of financing improvements to county roads with incremental property tax revenues; and

WHEREAS, a 2020 Amendment to the urban renewal plan has been prepared for the purpose of supplementing the information included in the 2019 Amendment and expanding the description of the county road improvement project; and

WHEREAS, notice of a public hearing by the Board on the  proposed 2020 Amendment was heretofore given in strict compliance with the provisions of Chapter 403 of the Code of Iowa, and the Board has conducted said hearing; and

WHEREAS, copies of the 2020 Amendment, notice of public hearing and notice of a consultation meeting with respect to the 2020 Amendment were sent to the Sergeant Bluff-Luton Community School District and the consultation meeting was held;

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

Section 1. It is hereby determined by this Board as follows:
 
A. The 2020 Amendment conforms to the general plan of the County.
 
B. Constructing improvements to County gravel roads as described in the 2020 Amendment is necessary and appropriate to facilitate the proper growth and development of the County in accordance with sound planning standards and local community objectives.

Section 2. The 2020 Amendment, in the form attached to this Resolution and made a part hereof, is hereby in all respects approved.

Section 3. All resolutions or parts thereof in conflict herewith are hereby repealed, to the extent of such conflict.

Passed and approved June 16, 2020.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Ung second by De Witt to approve and authorize the Chairperson to sign a Resolution to fix a date for a public hearing on General Obligation Urban Renewal County Road Improvements Loan Agreement and issuance of General Obligation Bonds in the amount not to exceed $10,000,000.  Carried 4-0.

RESOLUTION #13,007
RESOLUTION TO FIX A DATE FOR A PUBLIC HEARING ON GENERAL OBLIGATION URBAN
RENEWAL COUNTY ROAD INPROVEMENTS LOAN AGREEMENT AND ISSUANCE OF GENERAL
OBLIGATION BONDS IN AN AMOUNT NO TO EXCEED $10,000,000

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 County proposes to enter into a loan agreement (the “General Obligation Urban Renewal County Road Improvements Loan Agreement”) and issue general obligation bonds in a principal amount not to exceed $10,000,000 (the “Bonds”), pursuant to the provisions of 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, it is necessary to fix a date of meeting of the Board at which it is proposed to hold a hearing and take action to enter into the General Obligation Urban Renewal County Road Improvements Loan Agreement and express intent to issue the Bonds, and to give notice thereof as required by law, including notice of the right to petition for an election;

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

Section 1. This Board shall meet on July 7, 2020, at the Woodbury County Courthouse, Sioux City, Iowa, at 4:45  p.m., at which time and place a hearing will be held and proceedings will be instituted and action taken to authorize the General Obligation Urban Renewal County Road Improvements Loan Agreement and the issuance of the Bonds.

Section 2. The County Auditor is hereby directed to give notice of the proposed action on the  General Obligation Urban Renewal County Road Improvements Loan Agreement and the Bonds, setting forth the amount and purpose thereof, the time when and place where the said meeting will be held, including notice of the right to petition for an election, by publication at least once and not less than 10 nor more than 20 days before the meeting, in a legal newspaper of general circulation in the County, in substantially the following form:

NOTICE OF PUBLIC HEARING ON LOAN AGREEMENT AND ISSUANCE OF BONDS
IN A PRINCIPAL AMOUNT NOT TO EXCEED $10,000,000
(GENERAL OBLIGATION URBAN RENEWAL COUNTY ROAD IMPROVEMENTS)

The Board of Supervisors of Woodbury County, Iowa, will meet on July 7, 2020, at the Woodbury County Courthouse, Sioux City, Iowa, at ______   __.m., for the purpose of holding a hearing and taking action to enter into a loan agreement (the “Loan Agreement”) and issue General Obligation Bonds (the “Bonds”) in a principal amount not to exceed $10,000,000 for the purpose of financing a project in the Grow Woodbury County Urban Renewal Area consisting of improvements to County gravel roads.

The Loan Agreement is proposed to be entered into and the Bonds are proposed to be issued pursuant to authority contained in the provisions of Subsection 331.441(2)(b)(14), Section 331.442, Section 331.443 and Chapter 403 of the Code of Iowa, and will constitute general obligations of the County.

At that time and place, oral or written objections or comments may be filed or made to the proposal to enter into the Loan Agreement and the issuance of the Bonds.  After receiving objections and comments, the Board of Supervisors may determine to enter into the Loan Agreement and issue the Bonds, in which case, the decision will be final unless appealed to the District Court within fifteen (15) days thereafter.

At any time before the date fixed for taking action to enter into the Loan Agreement and authorizing issuance of the Bonds, a petition may be filed with the County Auditor asking that the question of entering into the Loan Agreement and issuing the Bonds be submitted to the registered voters of the County, pursuant to the provisions of Sections 331.442 and 331.443 of the Code of Iowa.

By order of the Board of Supervisors of Woodbury County, Iowa.
Pat Gill
County Auditor

Section 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict.

Passed and approved June 16, 2020.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Radig second by Pottebaum to approve to support the Northwest Iowa Regional Marketing Group for $2,000 from Gaming Revenue for FY21.  Carried 4-0.  Copy filed.

Motion by De Witt second by Ung to receive the resignations of Ms. Colling and Mr. Rorholm from the board of adjustment, and Mr. Streck from the zoning commission.  Carried 4-0.  Copy filed.

Motion by De Witt second by Ung to declare 2 vacant positions on the board of adjustment and 1 vacant position on the zoning commission and direct the Community & Economic Development Director to initiate the process of appointing new members by 6/1/21.  Carried 4-0.  Copy filed.

The Board heard reports on committee meetings.

There were no citizen concerns.

Board concerns were heard.

The Board adjourned the regular meeting until June 23, 2020.

Meeting sign in sheet.  Copy filed.