Minutes - 7/7/2020

JULY 7, 2020, TWENTY-EIGHTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, July 7, 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, 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 July 7, 2020, Carried 4-0.  Copy filed.
 
Motion by Ung second by De Witt to approve the following items by consent:

To approve minutes of the June 30, 2020 meeting.  Copy filed.

To approve the claims totaling $675,685.58.  Copy filed.

To receive Juvenile Detention June population report.  Copy filed.

To approve the underground utility permit for Frontier Communications for fiber optic cable and equipment on Lee Avenue.  Copy filed.

To approve the underground utility permit for CenturyLink for a telephone drop on Pocahontas Ave.  Copy filed.

Carried 4-0.

Motion by Pottebaum second by Ung to approve and authorize the Chairperson to sign a Resolution 2020 Regional Hazard Mitigation plan.  Carried 4-0.

WOODBURY COUNTY, IOWA
RESOLUTION #13,027
ADOPTION OF THE 2020 REGIONAL HAZARD MITIGATION PLAN

WHEREAS, the 2020 Regional Hazard Mitigation Plan (for Plymouth, Cherokee, Ida, Monona, and Woodbury Counties in Iowa) has been prepared in accordance with FEMA requirements at 44C.F.R.201.6; and,

WHEREAS, the County of Woodbury County, participated in the preparation of a regional plan, the 2020 Regional Hazard Mitigation Plan; and,

WHEREAS, Woodbury County is a governing unit that has afforded its residents an opportunity to comment on and provide input in the Plan and the actions in the Plan; and

WHEREAS, Woodbury County has reviewed the Plan and affirms that the Plan will be updated no less than every five years.

NOW THEREFORE, BE IT RESOLVED by the County of Woodbury County that the Woodbury County Board of Supervisors adopts the 2020 Regional Hazard Mitigation Plan and resolves to execute the actions in the Plan.

ADOPTED this 7th day of July, 2020, at the meeting of the Woodbury County Board of Supervisors.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

A public hearing was held at 4:40 p.m. for proposed Zoning District Map Amendment for Gayle Dee Weed.  The Chairperson called on anyone wishing to be heard.

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

Motion by Ung second by Pottebaum to conduct the second reading of the ordinance and waive the third/final reading.  Carried 4-0.  Copy filed.

A public hearing was held at 4:45 p.m. for General Obligation County Road Improvements Loan Agreement and Bonds.  The Chairperson called on anyone wishing to be heard.

Rod Earlywine, Superintendent of Schools for the Sergeant Bluff/Luton Community School District objected to the issuance of the bonds.

Justin Iverson, Salix Fire Department, spoke in favor of the issuance of the bonds.

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

Motion by Ung second by Pottebaum to approve and authorize the Chairperson to sign a Resolution expressing intent to enter into 2020 General Obligation Urban Renewal County Road Improvements Loan Agreement and issued 2020 General Obligation Bonds in an amount not to exceed $10,000,000.  Carried 4-0. 

RESOLUTION #13,028
EXPRESSING INTENT TO ENTER INTO 2020 GENERAL OBLIGATION URBAN RENEWAL COUNTY ROAD
IMPROVEMENTS LOAN AGREEMENT AND ISSUE 2020 GENERAL OBLIGATION BONDS IN AN AMOUNT NOT 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, on December 17, 2019, the Board adopted Resolution No. 12,935, entitled: “Resolution Expressing Intent to Enter into General Obligation Urban Renewal County Road Improvements Loan Agreement and Issue General Obligation Urban Renewal County Road Improvements Bonds”; and

WHEREAS, it has been determined that Resolution No. 12,935 should be repealed; and

WHEREAS, the County has proposed to enter into a loan agreement (the “2020 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 “2020 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, the County has published notice of the proposed action, including the right to petition for an election, and held a hearing thereon, and no petition has been filed asking that the question of entering into the 2020 Urban Renewal County Road Improvements Loan Agreement and issuing the 2020 Bonds be submitted to the registered voters of the County; and

 WHEREAS, the County intends to enter into the 2020 Urban Renewal County Road Improvements Loan Agreement  and issue the 2020 Bonds in the future;

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

Section 1. Resolution No. 12,935, adopted December 17, 2019, is hereby repealed, effective as of the date of this Resolution.

Section 2. The Board of Supervisors declares its intent to enter into the 2020 Urban Renewal County Road Improvements Loan Agreement and issue the 2020 Bonds in the future, and also declares that this resolution constitutes the “additional action” required by Sections 331.402 and 331.443  of the Code of Iowa, with respect to the 2020 Urban Renewal County Road Improvements Loan Agreement and the issuance of the 2020 Bonds.

Section 3. This Resolution shall become effective upon its adoption and approval.

Passed and approved July 7, 2020.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

A public hearing was held at 4:50 p.m. for proposed Zoning District Map Amendment for Chad Swanger.  The Chairperson called on anyone wishing to be heard. 

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

Motion by Ung second by Radig to conduct the second reading of the ordinance and waive the third/final reading.  Carried 4-0.  Copy filed.

A public hearing was held at 4:55 p.m. for proposed Zoning District Map Amendment for Brian Peterson.  The Chairperson called on anyone wishing to be heard.

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

Motion by Radig second by Ung to conduct the second reading of the ordinance and waive the third/final reading.  Carried 4-0.  Copy filed.

Motion by Ung second by De Witt to receive the Zoning Commission’s recommendation from their 6/22/20 meeting to approve the final plat for Teri Addison Minor Subdivision.  Carried 4-0.  Copy filed.

Motion by Ung second by De Witt to postpone action to approve and authorize the Chairperson to sign a Resolution accepting and approving Teri Addition, Woodbury County, Iowa.  Carried 4-0.

Motion by Radig second by Ung to receive the Zoning Commission’s recommendation from their 6/22/20 meeting to approve the final plat for Walnut View Addition Minor Subdivision.  Carried 4-0.  Copy filed.

Motion by Radig second by Pottebaum to postpone action to approve and authorize the Chairperson to sign a Resolution accepting and approving Walnut View Addition, Woodbury County, Iowa.  Carried 4-0.

Motion by De Witt second by Radig to approve the contract and bond with Dixon Construction for the replacement of the Hancock Avenue bridge for $603,406.90 and authorize the Chairperson to sign a Resolution designation and authorization for electronic signature resolution.  Carried 4-0.

DESIGNATION AND AUTHORIZATION FOR ELECTRONIC SIGNATURE
RESOLUTION
RESOLUTION #13,029

WHEREAS: The Board of Supervisors has approved the contracts and bonds and is directing the County Engineer to electronically sign the contracts and bonds for the following project:

BROS-SWAP-CO97(135)—FE-97
Bridge Replacement Project – Bridge H-266 on Hancock Avenue

NOW, THEREFORE, BE IT RESOLVED by the Woodbury County Board of Supervisors have approved contracts and bonds and that the County Engineer is directed to electronically sign the contracts and bonds for the above captioned project.

Passed and approved this 7th day of July, 2020.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by De Witt second by Radig to approve the contract and bond with Dixon Construction for the replacement of the Hancock Avenue bridge for $501,470.00 and authorize the Chairperson to sign a Resolution designation and authorization for electronic signature resolution.  Carried 4-0.

DESIGNATION AND AUTHORIZATION FOR ELECTRONIC SIGNATURE
RESOLUTION
RESOLUTION #13,030

WHEREAS: The Board of Supervisors has approved the contracts and bonds and is directing the County Engineer to electronically sign the contracts and bonds for the following project:

BRS-SWAP-6012(601)—FF-97
Bridge Replacement Project – Bridge B-255 on County Route D12

NOW, THEREFORE, BE IT RESOLVED by the Woodbury County Board of Supervisors have approved contracts and bonds and that the County Engineer is directed to electronically sign the contracts and bonds for the above captioned project.

Passed and approved this 7th day of July, 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 fixing date for public hearing on the proposal to enter into a lease agreement with the Woodbury County Law Enforcement Center authority.  Carried 4-0.

RESOLUTION #13,031
RESOLUTION FIXING DATE FOR A PUBLIC HEARING ON
THE PROPOSAL TO ENTER INTO A LEASE AGREEMENT
WITH THE WOODBURY COUNTY LAW ENFORCEMENT
CENTER AUTHORITY

WHEREAS, it is deemed necessary and advisable that Woodbury County, State of Iowa, (the “County”) should provide for the authorization of a Lease Agreement with the Woodbury County Law Enforcement Center Authority (the “Authority”) for the purpose of construction and operation of a new law enforcement center facility as hereinafter described; and

WHEREAS, Iowa Code Section 346.27 provides that the Authority shall have and exercise certain public and essential governmental powers and functions including the right to lease all or any part of a building to an incorporating unit upon rental terms agreed upon between the Authority and the incorporating unit; and

WHEREAS, the Authority and County have negotiated the form of a proposed Lease Agreement (the "Lease") by and between the Authority and the County, which would obligate the Authority to construct certain improvements to be operated by the County as a law enforcement center facility (more particularly described in the Lease) on certain real property located within Sioux City, Iowa as defined and legally described in the Lease, consisting of the construction of an approximately 213,000 square foot building, together with all related site improvements, under the terms and following satisfaction of the conditions set forth in the Lease and would obligate the County to make certain payments to the Authority as outlined in the proposed Lease, under the terms and following satisfaction of the conditions set forth in the Lease; and

WHEREAS, neither Chapter 331 nor any other Code provision sets forth any procedural action required to be taken before said Lease can be approved, and pursuant to Section 331.301(5), Code of Iowa, it is deemed sufficient if the action hereinafter described be taken and the Woodbury County Auditor causes to be published notice of the proposal and of the time and place of the meeting at which the Board of Supervisors proposes to take action thereon and to receive oral and/or written objections to such action; and

WHEREAS, the following action is now considered to be in the best interests of the County.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF WOODBURY COUNTY, IOWA:

Section 1. That this Board of Supervisors meet in the Board Room, Woodbury County Courthouse, 620 Douglas Street, Sioux City, Iowa, at 4:45 P.M. on July 21, 2020, for the purpose of taking action on the matter of the proposal to enter into the Lease with the Woodbury County Law Enforcement Center Authority.

Section 2. That the Woodbury County Auditor is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in Woodbury County, said publication to be not less than four (4) clear days nor more than twenty (20) days before the date of said public meeting.

Section 3. The notice of the proposed action shall be in substantially the following form:
NOTICE OF PUBLIC HEARING OF THE BOARD OF SUPERVISORS OF WOODBURY COUNTY, IOWA, ON THE MATTER OF THE PROPOSAL TO ENTER INTO A LEASE AGREEMENT WITH THE WOODBURY COUNTY LAW ENFORCEMENT CENTER AUTHORITY, AND THE HEARING THEREON

PUBLIC NOTICE is hereby given that the Board of Supervisors of Woodbury County, Iowa, will hold a public hearing on July 21, 2020, at 4:45 P.M. in the Board Room, Woodbury County Courthouse, 620 Douglas Street, Sioux City, Iowa, at which meeting the Board of Supervisors proposes to take action on the proposal to enter into a Lease Agreement (the "Lease") with the Woodbury County Law Enforcement Center Authority (the "Authority").

The Lease would obligate the Authority to construct certain improvements to be operated by the County as a law enforcement center Facility (more particularly described in the Lease) on certain real property located within Sioux City, Iowa as defined and legally described in the Lease, consisting of the construction of an approximately 213,000 square foot building, together with all related site improvements, under the terms and following satisfaction of the conditions set forth in the Lease.

The Lease would obligate the County to make certain payments to the Authority as outlined in the proposed Lease, under the terms and following satisfaction of the conditions set forth in the Lease.

A copy of the Lease is on file for public inspection during regular business hours in the office of the Auditor of Woodbury County, Iowa.
At the above meeting the Board of Supervisors shall receive oral or written objections to the proposal to enter into the Lease. After all objections have been received and considered, the Board of Supervisors will at this meeting or at any adjournment thereof, take additional action on the proposal or will abandon the proposal to authorize said Lease.

This notice is given by order of the Board of Supervisors of Woodbury County, Iowa.

Dated this 7th day of July, 2020.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by De Witt second by Radig to de-obligate the $7,856 from Senior Community Service Employment Program and $20,000 from Woodbury County Fair allocations.  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 July 14, 2020.

Meeting sign in sheet.  Copy filed.