Minutes - 11/9/2021
NOVEMBER 09, 2021, FORTY-FIFTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS
The Board of Supervisors met on Tuesday, November 09, 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 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 Taylor second by De Witt to approve the agenda for November 09, 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 November 2, 2021 meeting. Copy filed.
To approve the claims totaling $1,468,439.73. Copy filed.
To receive Juvenile Detention October population report. Copy filed.
To approve the separation of Alec Sanchez, Civilian Jailer, County Sheriff Dept., effective 11-03-21. Resignation.; the transfer of Michael Andresen, Equipment Operator, Secondary Roads Dept., effective 11-15-21, $25.31/hour, -1%=-$.30/hr. Position Transfer from Motor Grader to Equipment Operator.; the end of probation of Kyle Sanderson, Motor Grader Operator, Secondary Roads Dept., effective 11-15-21, $25.61/hour, 3%=$.76/hr. Per CWA Secondary Roads Contract agreement, End of Probation Salary Increase.; the separation of James Drury, Asst. County Attorney, County Attorney Dept., effective 11-19-21. Resignation.; and the promotion of Seth Butler, Sheriff Deputy, County Sheriff Dept., effective 11-29-21, $25.83/hour, 22%=$4.81/hr. Promotion from Civilian Jailer to Deputy. Copy filed.
To approve and authorize the Chairperson to sign the Authorization to initiate the hiring process for Assistant County Attorney, County Attorney Dept. AFSCME: $63,200-$73,088/year.; Civilian Jailer, County Sheriff Dept. CWA: $21.02/hour.; and Equipment Operator, Secondary Roads Dept. CWA: $24.55/hour. Copy filed.
Carried 5-0.
The canvass of the Regular City/School election was held. Motion by De Witt second by Ung to receive the Canvass. Carried 5-0. Copy filed.
It was reported by Steve Hofmeyer, Deputy Commissioner of Elections.
City of Anthon – City Council At-Large
Jonathan Kuhlmann Received Sixty-Seven (67) votes
Lisa M. Petersen Received Sixty-Five (65) votes
Paul E. Lansink Received Fifty-Nine (59) votes
Scattering Received Twenty-Four (24) votes
Total Two Hundred and Fifteen (215) votes
We therefore declare:
Jonathan Kuhlmann to be duly elected for the office of City of Anthon – City Council At-Large for the term of 4 years.
Lisa M. Petersen to be duly elected for the office of City of Anthon – City Council At-Large for the term of 4 years.
Paul E. Lansink to be duly elected for the office of City of Anthon – City Council At-Large for the term of 4 years.
City of Anthon – City Council At-Large to Fill a Vacancy
Mona Kirchgatter Received Sixty-One (61) votes
Scattering Received Eight (8) votes
Barbara Benson Received Twenty-Six (26) votes
Total Ninety-Five (95) votes
We therefore declare:
Mona Kirchgatter to be duly elected for the office of City of Anthon – City Council At-Large to fill a vacancy for the term of 2 years.
Barbara Benson to be duly elected for the office of City of Anthon – City Council At-Large to fill a vacancy for the term of 2 years.
City of Bronson – Mayor
Jason Garnand Received Twenty-Nine (29) votes
Scattering Received Two (2) votes
Total Thirty-One (31) votes
We therefore declare:
Jason Garnand to be duly elected for the office of City of Bronson – Mayor for the term of 2 years.
City of Bronson – City Council At-Large
Brandi Jessen Received Twenty-Four (24) votes
Chad Merchant Received Twenty-Eight (28) votes
James D. Amick Received Twenty-Nine (29) votes
Scattering Received Six (6) votes
Total Eighty-Seven (87) votes
We therefore declare:
Brandi Jessen to duly elected for the office of City of Bronson – City Council At-Large for the term of 4 years.
Chad Merchant to be duly elected for the office of City of Bronson – City Council At-Large for the term of 4 years.
James D. Amick to be duly elected for the office of City of Bronson – City Council At-Large for the term of 4 years.
City of Correctionville – Mayor
Ronald Sanderson Received Thirty-Nine (39) votes
Kathy Hoffmann Received One Hundred and Twenty-Four (124) votes
Scattering Received Five (5) votes
Total One Hundred and Sixty-Eight (168) votes
We therefore declare:
Kathy Hoffmann to be duly elected for the office of City of Correctionville – Mayor for the term of 2 years.
City of Correctionville – City Council At-Large
Chad Kline Received Eighty-Four (84) votes
Kourtnee Ann Fox Received One Hundred and Seventeen (117) votes
Robert D. Beazley Received One Hundred and Six (106) votes
Ciara Alioth Received Ninety-Two (92) votes
Scattering Received Sixteen (16) votes
Total Four Hundred and Fifteen (415) votes
We therefore declare:
Kourtnee Ann Fox to be duly elected for the office of City of Correctionville – City Council At-Large for the term of 4 years.
Robert D. Beazley to be duly elected for the office of City of Correctionville – City Council At-Large for the term of 4 years.
Ciara Alioth to be duly elected for the office of City of Correctionville – City Council At-Large for the term of 4 years.
City of Cushing – Mayor
Donald Joy Jr. Received Thirty-six (36) votes
Scattering Received Zero (0) votes
Total Thirty-Six (36) votes
We therefore declare:
Donald Joy Jr. to be duly elected for the office of City of Cushing – Mayor for the term of 2 years.
City of Cushing – City Council At-Large
Alexander W. Rabbass Received Thirty-Eight (38) votes
Mary Tyler Received Thirty-Seven (37) votes
Scattering Received Twelve (12) votes
Jerel Wittrock Received Ten (10) votes
Total Ninety-Seven (97) votes
We therefore declare:
Alexander W. Rabbass to be duly elected for the office of City of Cushing – City Council At-Large for the term of 4 years.
Mary Tyler to be duly elected for the office of City of Cushing – City Council At-Large for the term of 4 years.
Jerel Wittrock to be duly elected for the office of City of Cushing – City Council At-Large for the term of 4 years.
City of Cushing – City Council At-Large to Fill a Vacancy
Scattering Received Zero (0) votes
Shawn Joy Received Sixteen (16) votes
Total Sixteen (16) votes
We therefore declare:
Shawn Joy to be duly elected for the office of City of Cushing – City Council At-Large to fill a vacancy for the term of 2 years.
City of Danbury – Mayor
Brock Boyle Received Seventy-One (71) votes
Scattering Received Twelve (12) votes
Total Eighty-Three (83) votes
We therefore declare:
Brock Boyle to be duly elected for the City of Danbury – Mayor for the term of 4 years.
City of Danbury – City Council At-Large
Brenda Zimmerman Received Eighteen (18) votes
Kendra Sexton Received Fifty-Six (56) votes
Stanley Sexton Received Nineteen (19) votes
Kathy A. Scholl Received Fifty-Five (55) votes
Jason Weber Received Thirty (30) votes
Scattering Received Zero (0) votes
Total One Hundred and Seventy-Eight (178) votes
We therefore declare:
Kendra Sexton to be duly elected for the office of City of Danbury – City Council At-Large for the term of 4 years.
Kathy A. Scholl to be duly elected for the office of City of Danbury – City Council At-Large for the term of 4 years.
City of Hornick – City Council At-Large
Eric R. Bebee Received Twenty-Two (22) votes
Julia M. Byers Received Twenty-One (21) votes
Scattering Received Zero (0) votes
Total Forty-Three (43) votes
We therefore declare:
Eric R. Bebee to be duly elected for the office of City of Hornick – City Council At-Large for the term of 4 years.
Julia M. Byers to be duly elected for the office of City of Hornick – City Council At-Large for the term of 4 years.
City of Lawton – Mayor
Jesse Pedersen Received One Hundred (100) votes
Scattering Received Seven (7) votes
Total One Hundred and Seven (107) votes
We therefore declare:
Jesse Pedersen to be duly elected for the office of City of Lawton – Mayor for the term of 2 years.
City of Lawton – City Council At-Large
Jeremy Baltushis Received Fifty-One (51) votes
Patrick V. Saunders Received Ninety-One (91) votes
Nicholas J. Roth Received Sixty-Six (66) votes
Scattering Received Zero (0) votes
Total Two Hundred and Eight (208) votes
We therefore declare:
Patrick V. Saunders to be duly elected for the office of City of Lawton – City Council At-Large for the term of 4 years.
Nicholas J. Roth to be duly elected for the office of City of Lawton – City Council At-Large for the term of 4 years.
City of Lawton – City Council At-Large to Fill a Vacancy
John Nelsen Received Ninety-Five (95) votes
Scattering Received Eight (8) votes
Total One Hundred and Three (103) votes
We therefore declare:
John Nelsen to be duly elected for the office of City of Lawton – City Council At-Large to fill a vacancy for the term of 2 years.
City of Moville – Mayor
James Fisher Received One Hundred and Thirty-Three (133) votes
Scattering Received Twenty-Six (26) votes
Total One Hundred and Fifty-Nine (159) votes
We therefore declare:
James Fisher to be duly elected for the office of City of Moville – Mayor for the term of 2 years.
City of Moville – City Council At-Large
Paul Malm Received One Hundred and Thirty-Seven (137) votes
Scattering Received Twenty-Five (25) votes
Bret Hayworth Received Twenty-Six (26) votes
Bruce Schmidt Received Twenty-Three (23) votes
Total Two Hundred and Eleven (211) votes
We therefore declare:
Paul Malm to be duly elected for the office of City of Moville – City Council At-Large for the term of 4 years.
Bret Hayworth to be duly elected for the office of City of Moville – City Council At-Large for the term of 4 years.
City of Oto – Mayor
Kevin Lyle Rayevich Received Seven (7) votes
Scattering Received Three (3) votes
David Dorale Received Six (6) votes
Total Sixteen (16) votes
We therefore declare:
Kevin Lyle Rayevich to be duly elected for the office of City of Oto – Mayor for the term of 2 years.
City of Oto – City Council At-Large
Jennifer J. Weber Received Fourteen (14) votes
Scattering Received Fourteen (14) votes
Matt Mead Received Six (6) votes
Linda Nepper Received Five (5) votes
Total Thirty-Nine (39) votes
We therefore declare:
Jennifer J. Weber to be duly elected to the office of City of Oto – City Council At-Large for the term of 2 years.
Matt Mead to be duly elected for the office of City of Oto – City Council At-Large for the term of 2 years.
Linda Nepper to be duly elected for the office of City of Oto – City Council At-Large for the term of 2 years.
City of Pierson – Mayor
Doyle Struve Received Thirty-One (31) votes
Scattering Received Five (5) votes
Total Thirty-Six (36) votes
We therefore declare:
Doyle Struve to be duly elected for the office of City of Pierson – Mayor for the term of 2 years.
City of Pierson – City Council At-Large
Keith A. Saxen Received Ten (10) votes
Gordon Bubke Received Twenty-Five (25) votes
Bonnie Saxen Received Thirty-Four (34) votes
Marvin Keith Swanson Received Sixteen (16) votes
Scattering Received One (1) votes
Total Eighty-Six (86) votes
We therefore declare:
Gordon Bubke to be duly elected for the office of City of Pierson – City Council At-Large for the term of 4 years.
Bonnie Saxen to be duly elected for the office of City of Pierson – City Council At-Large for the term of 4 years.
City of Salix – Mayor
Kevin Nelson Received Thirty-Seven (37) votes
Kay Frances Scott Received Eleven (11) votes
Scattering Received One (1) votes
Total Forty-Nine (49) votes
We therefore declare:
Kevin Nelson to be duly elected for the office of City of Salix – Mayor for the term of 4 years.
City of Salix – City Council At-Large
Karen Allen Received Forty-Four (44) votes
Cindy VanAuken Received Forty-Two (42) votes
Scattering Received Sixteen (16) votes
Emily Clayton Received Seven (7) votes
Total One Hundred and Nine (109) votes
We therefore declare:
Karen Allen to be duly elected for the office of City of Salix – City Council At-Large for the term of 4 years.
Cindy VanAuken to be duly elected for the office of City of Salix – City Council At-Large for the term of 4 years.
Emily Clayton to be duly elected for the office of City of Salix – City Council At-Large for the term of 4 years.
City of Salix – City Council At-Large to Fill a Vacancy
Scattering Received Eight (8) Votes
Emily Clayton Received Three (3) votes
Total Eleven (11) votes
We therefore declare:
Emily Clayton to be duly elected for the office of City of Salix – City Council At-Large to fill a vacancy for the term of 2 years.
City of Sergeant Bluff – Mayor
Jon Winkel Received Seven Hundred and Forty-Three (743) votes
Dustin Thelander Received Four Hundred and Ninety-Four (494) votes
Scattering Received Thirteen (13) votes
Total One Thousand Two Hundred and Fifty (1,250) votes
We therefore declare:
Jon Winkel to be duly elected for the office of City of Sergeant Bluff – Mayor for the term of 4 years.
City of Sergeant Bluff – City Council At-Large
Carol Clark Received Nine Hundred and Four (904) votes
William Gaukel Received Nine Hundred and Twenty-One (921) votes
Ronald Hanson Received Eight Hundred and Sixty-One (861) votes
Scattering Received Fifty-Nine (59) votes
Total Two Thousand Seven Hundred and Forty-Five (2,745) votes.
We therefore declare:
Carol Clark to be duly elected for the office of City of Sergeant Bluff – City Council At-Large for the term of 4 years.
William Gaukel to be duly elected for the office of City of Sergeant Bluff – City Council At-Large for the term of 4 years.
Ronald Hanson to be duly elected for the office of City of Sergeant Bluff – City Council At-Large for the term of 4 years.
City of Sioux City – City Council At-Large
Ike Rayford Received Two Thousand Eight Hundred (2,800) votes
Alex Waters Received Four Thousand Two Hundred and Seventeen (4,217) votes
Matthew R. O’Kane Received Two Thousand Eight Hundred and Sixty-Six (2,866) votes
Dan A. Moore Received Four Thousand Four Hundred and Eight-Seven (4,487) votes
Scattering Received One Hundred and Thirty-Four (134) votes
Total Fourteen Thousand Five Hundred and Four (14,504) votes
City of Sloan – City Council At-Large
Matt Burton Received One Hundred and Twenty-Six (126) votes
Curt Larson Received One Hundred and Three (103) votes
Scattering Received Seven (7) votes
Total Two Hundred and Thirty-Six (236) votes
We therefore declare:
Matt Burton to be duly elected for the office of City of Sloan – City Council At-Large for the term of 4 years.
Curt Larson to be duly elected for the office of City of Sloan – City Council At-Large for the term of 4 years.
City of Smithland – Mayor
Elizabeth Peterson Received Eighteen (18) votes
Scattering Received Four (4) votes
Total Twenty-Two (22) votes
We therefore declare:
Elizabeth Peterson to be duly elected for the office of City of Smithland – Mayor for the term of 2 years.
City of Smithland – City Council At-Large
Mary Kay Schroeder Received Twenty-One (21) votes
Krista J. Sulsberger Received Fifteen (15) votes
Scattering Received Two (2) votes
Total Thirty-Eight (38) votes
We therefore declare:
Mary Kay Schroeder to be duly elected for the office of City of Smithland – City Council At-Large for the term of 4 years.
Krista J. Sulsberger to be duly elected for the office of City of Smithland – City Council At-Large for the term of 4 years.
City of Smithland – City Council At-Large to Fill a Vacancy
JoAnne Hinrickson Received Thirteen (13) votes
Megan Meyermann Received Nine (9) votes
Scattering Received Two (2) votes
Total Twenty-Four (24) votes
We therefore declare:
JoAnne Hinrickson to be duly elected for the office of City of Smithland – city Council At-Large to fill a vacancy for the term of 2 years.
Kingsley-Pierson School Director At-Large
Lindsay Letsche Received Sixteen (16) votes
Jason Collins Received thirty (30) votes
Melissa Harder Received Forty-Five (45) votes
Megan Plendl Received Eighteen (18) votes
Scattering Received Zero (0) votes
Total One Hundred and Nine (109) votes
Lawton-Bronson School Director District 3
Scattering Received Thirty-One (31) votes
Bryan Mesz Received Twenty-Five (25) votes
Total Fifty-Six (56) votes
Lawton-Bronson School Director District 5
Nicole Garnand Received One Hundred and Eighty-Eight (188) votes
Scattering Received Nine (9) votes
Total One Hundred and Ninety-Seven (197) votes
Maple Valley-Anthon Oto School Director District 1
Karen J. Kennedy Received One Hundred and Eighty-Six (186) votes
Scattering Received Eleven (11) votes
Total One Hundred and Ninety-Seven (197) votes
Maple Valley-Anthon Oto School Director District 3
Trevor Lally Received Thirty-Seven (37) votes
David Jensen Received Eighty (80) votes
Dale Wimmer Received One Hundred and Three (103) votes
Scattering Received Seven (7) votes
Total Two Hundred and Twenty-Seven (227) votes
Maple Valley-Anthon Oto School Director District 5
Scattering Received Thirteen (13) votes
Jana Hamann Received Sixty-Eight (68) votes
Total Eighty-One (81) votes
OABCIG School Director District 3
Scattering Received Zero (0) votes
Trevor Lally Received One (1) votes
Total One (1) votes
OABCIG School Director District 4
Ryan Goodman Received Two (2) votes
Scattering Received Zero (0) votes
Total Two (2) votes
OABCIG School Director District 6
Scattering Received Zero (0) votes
Total Zero (0) votes
OABCIG School Director At-Large
Jeff Rasmussen Received One (1) votes
Scattering Received Zero (0) votes
Kim Blackwell Received One (1) votes
Total Two (2) votes
River Valley School Director District 1
Jessica Wilson Received Two Hundred and Thirty-Four (234) votes
Scattering Received Two (2) votes
Total Two Hundred and Thirty-Six (236) votes
River Valley School Director District 4
Kory Dausel Received One Hundred and Three (103) votes
Sharleen Duncan Received One Hundred and Fifty-Five (155) votes
Scattering Received One (1) votes
Total Two Hundred and Fifty-Nine (259) votes
River Valley School – Public Measurer WA
Yes Received One Hundred and Eighty-Nine (189) votes
No Received Fifty-Three (53) votes
Total Two Hundred and Forty-Two (242) votes
Sergeant Bluff-Luton School District Director At-Large
Lillyan Rodriguez Received One Thousand and Sixty-Six (1,066) votes
Matthew A. Britton Received One Thousand and Ninety-Eight (1,098) votes
Scattering Received Thirty (30) votes
Total Two Thousand One Hundred and Ninety-Four (2,194) votes
We therefore declare:
Lillyan Rodriguez to be duly elected for the office of Sergeant Bluff-Luton School Director At-Large for the term of 4 years.
Matthew A. Britton to be duly elected for the office of Sergeant Bluff-Luton School Director At-Large for the term of 4 years.
Sergeant Bluff-Luton School – Public Measure WB
Yes Received Seven Hundred and Eighty-Three (783) votes
No Received Eight Hundred and Fifty-One (851) votes
Total One Thousand Six Hundred and Thirty-Four (1,634) votes
We therefore declare the public measure “Sergeant Bluff-Luton School – Public Measure WB” not to be adopted.
Sioux City School Director At-Large
Michael Lang Bushby Received Eight Hundred and Eight-Four (884) votes
Perla Alarcon-Flory Received Two Thousand Two Hundred and Eighty-Six (2,286) votes
Bob Michaelson Received Three Thousand Four Hundred and Ninety-Three (3,493) votes
Shaun Michael Broyhill Received One Thousand Three Hundred and Ninety-Four (1,394) votes
Joshua D. Potter Received One Thousand Nine Hundred and Eighty-Five (1,985) votes
Jan J. George Received Two Thousand Five Hundred and Fifty-Eight (2,558) votes
Arthur Ryan Baker Received One Thousand and Sixty-Three (1,063) votes
Chad Krastel Received Five Hundred and Fifty-Three (553) votes
Amanda Gibson Received One Thousand Six Hundred and Twenty-Eight (1,628) votes
Scattering Received Forty-Nine (49) votes
Total Fifteen Thousand Eight Hundred and Ninety-Three (15,893) votes
Westwood School director At-Large
Brady Worrell Received Two Hundred and Seventy-Two (272) votes
Chuck Ferris Received Two Hundred and Twenty-Six (226) votes
Scattering Received Twelve (12) votes
Total Five Hundred and Ten (510) votes
Woodbury Central School Director At-Large
Donny Reblitz Received One Hundred and Forty (140 ) votes
Clint Thomsen Received One Hundred and Eighty-Five (185) votes
Jeremy Cross Received One Hundred and Ninety-Nine (199) votes
Scattering Received Twenty-Seven (27) votes
Total Five Hundred and Fifty-One (551) votes
We therefore declare:
Donny Reblitz to be duly elected for the office of Woodbury Central School Director At-Large for the term of 4 years.
Clint Thomsen to be duly elected for the office of Woodbury Central School Director At-Large for the term of 4 years.
Jeremy Cross to be duly elected for the office of Woodbury Central School Director At-Large for the term of 4 years.
Woodbury Central School Director At-Large to Fill a Vacancy
Chet Verschoor Received One Hundred and Eighty (180) votes
Scattering Received Five (5) votes
Total One Hundred and Eighty-Five (185) votes
We therefore declare:
Chet Verschoor to be duly elected for the office of Woodbury Central School Director At-Large to Fill a Vacancy for the term of 2 years.
Western Iowa Tech Community College Director District 2
Bill Anderson Received Two Hundred and Twenty-Three (223) votes
Scattering Received Two (2) votes
Total Two Hundred and Twenty-Five (225) votes
Western Iowa Tech Community College Director District 5
Patricia Sutherland Received Eight Hundred and Twenty-Nine (829) votes
Scattering Received Twelve (12) votes
Total Eight Hundred and Forty-One (841) votes
We therefore declare:
Patricia Sutherland to be duly elected for the office of Western Iowa Tech Community College Director District 5 for the term of 4 years.
Western Iowa Tech Community College Director District 7 to Fill a Vacancy
Scattering Received One Hundred and Twenty-Five (125) votes
Gregory Alan Aymar Received Thirty-Four (34) votes
Total One Hundred and Fifty-Nine (159) votes
Western Iowa Tech Community College Director District 8
Russell Wray Received Six Hundred and Seventy-Five (675) votes
Scattering Received Six (6) votes
Total Six Hundred and Eighty-One (681) votes
A public hearing was held at 4:35 p.m. for proposal to enter into an Amended and Substituted Lease Agreement with the Woodbury County Law Enforcement Center Authority. The Chairperson called on anyone wishing to be heard.
Motion by Taylor second by De Witt to close the public hearing. Carried 5-0.
Motion by Taylor second by Radig to approve and authorize the Chairperson to sign a Resolution approving and authorizing an amended and substituted lease agreement by and between Woodbury County Law Enforcement Center Authority and Woodbury County, Iowa. Carried 5-0.
RESOLUTION #13,361
RESOLUTION APPROVING AND AUTHORIZING AN
AMENDED AND SUBSTITUTED LEASE AGREEMENT BY
AND BETWEEN WOODBURY COUNTY LAW
ENFORCEMENT CENTER AUTHORITY AND WOODBURY
COUNTY, IOWA
WHEREAS, there has heretofore been established a Lease Agreement by and between the Woodbury County Law Enforcement Center Authority and Woodbury County, Iowa, dated September 1, 2020 (the “Lease Agreement”), as amended, as authorized by Iowa Code Section 346.27; and
WHEREAS, pursuant to Section 18.1 of said Lease Agreement, the parties agreed to enter into an Amended and Substituted Lease Agreement to be dated on or about the closing of the issuance of the Additional Bonds (as defined therein); and
WHEREAS, the Authority expects to issue the Additional Bonds on or about November 17, 2021; and
WHEREAS, the parties now desire to enter into such an Amended and Substituted Lease Agreement effective as of November 17, 2021, in the form now before the Board of Supervisors and in compliance with Section 18.1; and
WHEREAS, pursuant to published notice, this Board has held a public meeting and hearing upon the proposal to approve and authorize execution of the Amended and Substituted Lease Agreement and has considered the extent of objections received from residents of property owners as to said Amended and Substituted Lease Agreement; and, accordingly the following action is now considered to be in the best interests of the County and residents thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF WOODBURY COUNTY, IOWA:
Section1. That the Amended and Substituted Lease Agreement in the form attached hereto, is hereby approved in all respects and shall be substituted in lieu of the Lease Agreement dated September 1, 2020.
Section 2. That all aspects of the Amended and Substituted Lease Agreement are hereby ratified, confirmed and approved and remain in full force and effect.
PASSED AND APPROVED this 9th day of November, 2021.
WOODBURY COUNTY BOARD OF SUPERVISORS
Motion by De Witt second by Radig to approve and authorize the Chairperson to sign a Resolution amending Resolution #13,070 levying a direct annual tax for payment of the base rent and additional rent due under the lease agreement by and between the Woodbury County Law Enforcement Center Authority and Woodbury County, Iowa, pursuant to section 346.27 of the code of Iowa. Carried 5-0.
RESOLUTION #13,362
RESOLUTION AMENDING RESOLUTION #13,070
LEVYING A DIRECT ANNUAL TAX FOR PAYMENT OF
THE BASE RENT AND ADDITIONAL RENT DUE
UNDER THE LEASE AGREEMENT BY AND BETWEEN
THE WOODBURY COUNTY LAW ENFORCEMENT
CENTER AUTHORITY AND WOODBURY COUNTY,
IOWA, PURSUANT TO SECTION 346.27 OF THE CODE
OF IOWA
WHEREAS, Woodbury County, State of Iowa (“County”), is a political subdivision, organized and existing under the Constitution and laws of the State of Iowa’ and
WHEREAS, pursuant to Section 346.27 of the Code of Iowa, the County entered into that certain Lease Agreement dated September 1, 2020, as amended and substituted (the “County Lease”) with the Woodbury County Law Enforcement Center Authority (the “Authority”) for the non-exclusive use of the Facility (as defined in the County Lease); and
WHEREAS, Section 346.27(22) of the Code of Iowa provides that when the County enters into a lease with the Authority, the governing body of the County shall provide by ordinance or resolution for the levy and collection of a direct annual tax sufficient to pay the annual rent payable under the lease as and when is becomes due and payable. The tax shall be levied and collected in like manner with the other taxes of the County and shall be in addition to all other taxes authorized to be levied by the County. This tax shall not be included within and shall be in addition to any statutory limitation of rate or amount for the County. The taxes realized from the tax levy shall be deposited into an account in the debt service fund of the County for the payment of the annual rent and shall not be disbursed for any other purpose; and
WHEREAS, pursuant to the County Lease, the County agreed to make semi-annual payments of Base Rent and Additional Rent (as those terms are defined in the County Lease) to the Authority; and
WHEREAS, pursuant to the County Lease, the Authority agreed to issue its Law Enforcement Center Facilities Revenue Bonds (the “Bonds”) for the purpose of financing the design, construction, equipping, and furnishing of the Facility (as defined in the County Lease), including the acquisition of land for such purposes, for the joint use of the County and City of Sioux City, Iowa (the “City”); and
WHEREAS, pursuant to Section 18.1 of the County Lease, the parties agreed to enter into an Amended and Substituted Lease Agreement to be dated on or about the closing of the issuance of the Additional Bonds (as defined in the County Lease); and
WHEREAS, the Amended and Substituted Lease Agreement updates the schedule of Base Rent payments to include the Additional Bonds the Authority expects to issue on or about November 17, 2021; and
WHEREAS, on October 20, 2020, the Board of Supervisors of the County did adopt a certain Resolution #13,070 entitled “Resolution levying a direct annual tax for payment of the Base Rent and Additional Rent due under the Lease Agreement by and between Woodbury County Law Enforcement Center Authority and Woodbury County, Iowa, pursuant to Section 346.27 of the Code of Iowa”; and
WHEREAS, due to the updated Base Rent and Additional Rent in the Amended and Substituted Lease Agreement, it is necessary to make changes to Resolution #13,070 adopted on October 20, 2020; and therefore, said Board has adopted a new Resolution to be substituted in its entirety for Resolution #13,070 previously adopted on October 20, 2020, levying a direct annual tax for payment of the Base Rent and Additional Rent due under the County Lease, as amended and substituted, pursuant to Section 346.27 of the Code of Iowa; and
WHEREAS, the Board of Supervisors has taken such acts as are necessary to levy and collect the direct annual tax.
NOW, THEREFORE, IT IS RESOLVED BY THE BOARD OF SUPERVISORS OF WOODBURY COUNTY, STATE OF IOWA:
Section 1. Authorization. The direct annual tax authorized by Section 346.27 of the Code of Iowa is being specially levied to pay the Base Rent and Additional Rent due under the County Lease, as amended and substituted. The Base Rent shall be paid to the Authority to finance the design, construction, equipping, and furnishing of the Woodbury County Law Enforcement Center, including the acquisition of land for such purposes, for the joint use of the County and City, and not to finance the general purposes of the County. Subject to Section 3 below, the County shall continue to levy and collect the direct annual tax until such time as the bonds issued by the Authority to finance the Facility have been paid in full.
Section 2. Levy of Direct Annual Tax. For the purpose of providing funds to pay the Base Rent and Additional Rent due under the County Lease, as amended and substituted, as required under Section 346.27 of the Code of Iowa, there is levied for each future year the following direct annual tax upon all the taxable property in Woodbury County, State of Iowa, to wit:
FISCAL YEAR (JULY 1 TO JUNE 30)
AMOUNT YEAR OF COLLECTION
$2,131,028.23 2021/2022
$4,018,076.09 2022/2023
$4,014,888.26 2023/2024
$4,020,352.90 2024/2025
$4,017,860.70 2025/2026
$4,015,012.40 2026/2027
$4,018,510.00 2027/2028
$4,016,995.26 2028/2029
$4,016,998.26 2029/2030
$4,017,750.00 2030/2031
$4,019,713.26 2031/2032
$4,012,840.76 2032/2033
$4,016,984.50 2033/2034
$4,016,631.00 2034/2035
$4,016,773.50 2035/2036
$4,018,332.50 2036/2037
$4,021,101.00 2037/2038
$4,014,924.50 2038/2039
$4,009,957.50 2039/2040
$3,936,000.00 2040/2041
Section 3. Amendment of Levy of Annual Tax. This Board may file an amendment to this Resolution with the County Auditor.
Section 4. Filing. A certified copy of this Resolution shall be filed with the County Auditor of Woodbury County, State of Iowa, who shall, pursuant to Sections 76.2 and 346.27 of the Code of Iowa, levy, assess and collect the tax in the same manner as other taxes and, when collected, these taxes shall be used only for the purpose of paying the Base Rent and Additional Rent due under the County Lease, as amended and substituted.
PASSED AND APPROVED this 9th day of November, 2021.
WOODBURY COUNTY BOARD OF SUPERVISORS
Motion by Taylor second by De Witt to bid out the county farm for one year (2022). Carried 5-0. Copy filed.
Motion by De Witt second by Wright to approve the creation of a Warrant Clerk III position to take effect November 29, 2021. Carried 5-0. Copy filed.
Motion by Taylor second by De Witt to purchase the proposal offered by CTI for the Board of Supervisors Room AVI upgrade. Carried 4-1; Wright opposed. Copy filed.
Motion by Taylor second by Ung to approve and authorize the Chairperson to sign a Resolution bridge embargo. Carried 5-0.
WOODBURY COUNTY
BRIDGE EMBARGO RESOLUTION
RESOLUTION #13,363
WHEREAS: The Board of Supervisors is empowered under authority of Sections 321.236 Sub. (8), 321.471 to 321.473 to prohibit the operation of vehicles or impose limitations as to the weight thereof on designated highways or highway structures under their jurisdiction, and
WHEREAS: the Woodbury County Engineer has caused to be completed the Structure Inventory and Appraisal of certain bridges according to accepted Bridge Inspection Standards and has determined that the bridges below, require revision to their current load ratings,
NOW, THEREFORE, BE IT RESOLVED by the Woodbury County Board of Supervisors that the following vehicle and load limit be established and that signs be placed advising of the permissible maximum weights thereof on the bridge listed herein.
Bridge No. FHWA No. Section Township Range Posted Limit
B-213 354770 13-89-43 10, 15, 15 Tons
B-249-1 354551 07-89-42 One Lane bridge
C-192 355044 27-89-44 6 Tons
K-23 353260 17-88-43 6 Tons
K-113 353380 35-88-43 One truck on the bridge
M-299 351220 02-87-42 Close until replacement
T-53 351140 12-86-46 10, 15, 15 Tons
U-17-1 350960 07-86-45 6 tons
U-155 351030 25-86-45 12, 17, 16 Tons
X-116 <20 feet 31-86-42 14, 23, 23 Tons
Passed and approved this 9th day of November, 2021.
WOODBURY COUNTY BOARD OF SUPERVISORS
Motion by Taylor second by De Witt to award the bid for the Oak Ridge Park project to Holly Brown Construction for $66,078.50. Carried 5-0. Copy filed.
Motion by Taylor second by De Witt to award the quote for semi-tractor trucks to Istate and Freightliner. Carried 5-0. Copy filed.
There was no action taken to allow a survey at the County Farm.
Carol Hennings, Moville, spoke in opposition to allow the survey.
The Board heard reports on committee meetings.
There were no citizen concerns.
Board concerns were heard.
The Board adjourned the regular meeting until November 16, 2021.
Meeting sign in sheet. Copy filed.
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