Minutes - 11/2/2021
NOVEMBER 02, 2021, FORTY-FOURTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS
The Board of Supervisors met on Tuesday, November 02, 2021 at 4:30 p.m. Board members present were Taylor, Ung, De Witt, Radig, and Wright. Staff members present were Karen James, Board Administrative Coordinator, Dennis Butler, Budget Tax/Analyst, Joshua Widman, Assistant County Attorney, Melissa Thomas, Human Services Director, and Michelle Skaff, Deputy 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 De Witt second by Radig to approve the agenda for November 02, 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 October 26, 2021 meeting. Copy filed.
To approve the claims totaling $609,796.92. Copy filed.
To approve items 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 Sheryl Livingston, VIN #MK874C, 1969 Homette.
WOODBURY COUNTY, IOWA
RESOLUTION #13,358
RESOLUTION APPROVING ABATEMENT OF TAXES
WHEREAS, Sheryl Kay Livingston is the titleholder of a mobile home VIN #MK874C located in Woodbury County, Iowa and legally described as follows:
VIN #MK874C 1969 Homette
WHEREAS, the abovestated mobile home has taxes payable including special assessments and the mobile home is owned by Sheryl Kay Livingston.
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 mobile home 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 2nd day of November, 2021.
WOODBURY COUNTY BOARD OF SUPERVISORS
To approve the appointment of Dylan Hinds, F/T Operations Officer-Paramedic, Emergency Services Dept., effective 11-03-21, $18.82/hour. Job Vacancy Posted 8-18-21. Entry Level Salary: $18.82-$19.95/hour. Copy filed.
To approve the Delta Dental 2022 Renewal. Copy filed.
To approve the 2022 Innovative Benefit Consultant plan renewal. Copy filed.
Carried 5-0.
Jeremy Taylor, Board of Supervisors, shared remarks of appreciation for support to the County and presented a United States Flag that was flown oversees during his deployment to the County. Copy filed.
Bid letting was held for Oak Ridge Park project. The bids are as follows:
Holly Brown Construction, Ponca, NE $66,078.50
Johnston Excavating LLC, Sloan, IA $76,583.00
L A Carlson, Hinton, IA $85,300.00
Nelson & Rock, Onawa, IA $91,180.00
West Branch Construction, Harlan, IA $79,392.00
Motion by De Witt second by Radig to receive the bids for the Oak Ridge Park project and return them to the County Engineer for review with the Conservation department. Carried 5-0. Copy filed.
Motion by Radig second by Taylor to award the bid for project STBG-SWAP-C097(142)—FG-97 to Godberson-Smith Construction, Ida Grove, IA, and authorize the Chairperson to sign a Resolution to award the bid and authorize the County Engineer to electronically sign for the contract and bond. Carried 5-0.
BID AWARD AND DESIGNATION AND AUTHORIZATION OF
COUNTY ENGINEER FOR ELECTRONIC SIGNATURE OF CONTRACT AND
BOND
RESOLUTION #13,359
WHEREAS, the Board of Supervisors has received bids for the project captioned herein, and,
WHEREAS, the board has considered the bids and concurs with the Iowa DOT and the County Engineer’s recommendation to award the contract to the lowest responsible bidder, and:
WHEREAS, time is of the essence in locking in material prices in a rapidly changing cost environment currently being experienced by contractors and road agencies across the state, the Board is directing the County Engineer to electronically sign the contracts and bonds for the following project upon presentation of completed documents meeting contract requirements for the following project:
STBG-SWAP-CO97(142)—FG-97
PCC Pavement - Replace, County route K642/Moville Blacktop
NOW, THEREFORE, BE IT RESOLVED by the Woodbury County Board of Supervisors hereby awards the bid and directs the County Engineer is directed to electronically sign the contracts and bonds for the above captioned project upon presentation of final contract documents.
Passed and approved this 2nd day of November, 2021.
WOODBURY COUNTY BOARD OF SUPERVISORS
Motion by De Witt second by Radig to approve the federal aid project agreement for projects NHSX-020-19(179)—3H-97 and NHSX-020-19(180)—2R-97. Carried 5-0. Copy filed.
Motion by Radig second by Taylor to approve the federal aid project agreement for project STP-031-1-(46)—2C-97. Carried 5-0. Copy filed.
Motion by De Witt second by Taylor to approve and authorize the Chairperson to sign a Resolution fixing date for a public hearing on the proposal to enter into an amended and substituted lease agreement with the Woodbury County Law Enforcement Center Authority. Carried 5-0.
RESOLUTION #13,360
RESOLUTION FIXING DATE FOR A PUBLIC HEARING ON THE PROPOSAL TO ENTER INTO AN AMENDED
AND SUBSTITUTED 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 An Amended and Substituted 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, the Authority and County entered into a lease agreement dated September 1, 2021. Said lease provided that the Authority and County would update the lease agreement with an Amended and Substituted Lease Agreement when Additional Bonds were issued by the Authority. The Authority is now issuing additional bonds and the Authority and County wish to enter into an Amended and Substituted Lease Agreement.
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 4:35 P.M. on November 9, 2021, for the purpose of holding a public hearing and 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 AN AMENDED AND SUBSTITUTED 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 November 9, 2021, at 4:35 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 an Amended and Substituted 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 2nd day of November, 2021.
WOODBURY COUNTY BOARD OF SUPERVISORS
The Board heard reports on committee meetings.
There were no citizen concerns.
Board concerns were heard.
The Board adjourned the regular meeting until November 9, 2021.
Meeting sign in sheet. Copy filed.