Minutes - 5/23/2023

MAY 23, 2023, TWENTY-FIRST MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, May 23, 2023, at 4:30 p.m. Board members present were Bittinger II, Nelson, Taylor, Radig, and Ung. Staff members present were Karen James, Board Administrative Assistant, Melissa Thomas, Human Resources Director, Joshua Widman, Assistant County Attorney, 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.

Motion by Radig second by Taylor to approve the agenda for May 23, 2023. Carried 5-0. Copy filed.

Motion by Ung second by Nelson to approve the following items by consent:

To approve minutes of the May 16, 2023 meeting. Copy filed.

To approve the claims totaling $5,784,824.33. Copy filed.

To approve and authorize the Chairperson to sign a Resolution approving petition for suspension of taxes for Linda Mulder, 4002 Lincoln Way, Sioux City, parcel #884707253001.

WOODBURY COUNTY, IOWA
RESOLUTION #13,600
RESOLUTION APPROVING PETITION FOR SUSPENSION OF TAXES

WHEREAS, Linda Mulder, as titleholder of a property located 4002 Lincoln Way, Sioux City, Woodbury County, Iowa, and legally described as follows:

Parcel #884707253001

RAVIN PARK 3RD EX ELY 6 FT LOT 34

WHEREAS, Linda Mulder of the aforementioned property has petitioned the Board of Supervisors for a suspension of taxes pursuant to the 2017 Iowa Code section 427.9, and

WHEREAS, the Board of Supervisors recognizes from documents provided that the petitioner is unable to provide to the public revenue; and

NOW, THEREFORE, BE IT RESOLVED, that the Woodbury County Board of Supervisors hereby grants the request for a suspension of taxes, and hereby directs the Woodbury County Treasurer to so record the approval of this tax suspension for this property.

SO RESOLVED this 23rd day of May 2023.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

To approve the transfer of Jacob Gilreath, Civil/Construction Engineer Intern, Secondary Roads Dept., effective 05-18-23, $2,730.77/bi-weekly. Transfer from Part-time to Full-Time.; the appointment of Gerald Kelley, P/T Operations Officer-Paramedic, Emergency Services Dept., effective 05-24-23, $25.00/hour. Job Vacancy Posted 5-3-23. Entry Level Salary: $25.00/hour.; the appointment of Wendy Beltran, P/T Youth Worker, Juvenile Detention Dept., effective 05-24-23, $20.89/hour. Job Vacancy Posted 3-23-23. Entry Level Salary: $20.89/hour.; and the appointment of Kurtus Palsma, Temporary Engineering Aide, Secondary Roads Dept., effective 06-01-23, $16.00/hour. Not to exceed 120 days. Copy filed.

To approve and receive for signature a 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 Woodbury-Monona Lateral 2 Drainage District of Woodbury County, Iowa.

RESOLUTION #13,601
RESOLUTION ADOPTING AND LEVYING SPECIAL ASSESSMENT IN
THE WOODBURY-MONONA LATERAL 2 DRAINAGE DISTRICT
OF WOODBURY COUNTY, IOWA

WHEREAS, the Board of Trustees of the Little Sioux Inter-County Drainage District, Trustees of the Woodbury Monona Lateral 2 Drainage District, in session on the 23rd day of May, 2023, requested that the Board of Supervisors levy a special assessment of Forty Two and 95/100 Percent (42.95%) on all tracts of land, lots, public roads, and railroads in the Woodbury-Monona Lateral 2 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 Board of Supervisors of Woodbury County, Iowa, acting as a Drainage Board for the Woodbury-Monona Lateral 2 Drainage District, that there be and is hereby levied upon all tracts of land, lots, public roads, and railroads in the Woodbury-Monona Lateral 2 Drainage District of Woodbury County, Iowa, a special assessment in the amount of Forty Two and 95/100 Percent (42.95%), and the Auditor of Woodbury County, 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 2023-2024.

PASSED and APPROVED this 23rd day of May, 2023, Board of Supervisors, Woodbury County, Iowa.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

To approve and authorize the Chairperson to sign a Resolution adopting and levying special assessment in the Woodbury-Monona Latter “11” Drainage District of Woodbury County, Iowa.

RESOLUTION #13,602
RESOLUTION ADOPTING AND LEVYING SPECIAL ASSMENT IN
THE WOODBURY-MONONA LATERAL “11” DRAINAGE DISTRICT
OF WOODBURY COUNTY, IOWA

WHEREAS, the Board of Trustees of the Little Sioux Inter-County Drainage District, Trustees of the Woodbury Monona Lateral “11” Drainage District, in session on the 23rd day of May, 2023, requested that the Board of Supervisors levy a special assessment of Forty Four and 47/100 (44.47%) Percent of the Original Assessment in the Woodbury Monona Lateral “11” 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 Board of Supervisors of Woodbury County, Iowa, acting as a Drainage Board for the Woodbury Monona Lateral “11” Drainage District of Woodbury County, Iowa, that there be and is hereby levied upon all tracts of land, lots, public roads, and railroads in the Woodbury Monona Lateral “11” Drainage District of Woodbury County, Iowa, a special assessment in the amount of Forty Four and 47/100 (44.47%) Percent of the Original Assessment, and the Auditor of Woodbury County, 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 2023-2024.

PASSED and APPROVED this 23rd day of May, 2023, Board of Supervisors, Woodbury County, Iowa.
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 #13,603
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 6th day of April, 2023, 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 2023-2024.

PASSED and APPROVED this 23rd day of May, 2023, Board of Supervisors, Woodbury County, Iowa.
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 #13,604
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 20th day of March, 2023, requested that the Board of Supervisors levy a special assessment of Sixty Percent (60%) 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 Sixty Percent (60%) 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 2023-2024.

PASSED and APPROVED this 23rd day of May, 2023, Board of Supervisors, Woodbury County, Iowa.
WOODBURY COUNTY BOARD OF SUPERVISORS
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 #13,605
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 19th day of April, 2023, requested that the Board of Supervisors levy a special assessment of One Hundred Ten Percent (110%) 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 Ten Percent(110%) 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 2023-2024.

PASSED and APPROVED this 23rd day of May, 2023, Board of Supervisors, Woodbury County, Iowa.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

To approve property tax refund for Forrest Holdings Inc. for parcel #884706427002, 4104 Glenn Ave., in the amount of $644.00. Copy filed.

To approve property tax refund for Forrest Holdings Inc. for parcel #884201406004, 305 3rd St., in the amount of $108.00. Copy filed.

Carried 5-0.

A public hearing was held at 4:35 p.m. for the sale of parcel #894728127010, 613-15 13th St. The Chairperson called on anyone wishing to be heard.

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

Motion by Ung second by Radig to approve and authorize the Chairperson to sign a Resolution for the sale of the real estate parcel #894728127010, 613-15 13th St., to Jatell Properties, LLC, 724 C St., South Sioux City, NE, for $491.00 plus recording fees. Carried 5-0.

RESOLUTION OF THE BOARD
OF SUPERVISORS OF WOODBURY COUNTY, IOWA
RESOLUTION #13,606

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

By Jatell Properties LLC __in the sum of Four Hundred Ninety-One Dollars and 00/100 ($491.00)------------------------ ------------------------------dollars.

For the following described real estate, To Wit:

Parcel #894728127010
The W 50 feet of Lot 7, the W 50 feet of the South half of Lot 8, the W 30 feet of the North half of Lot 8 and the W 25 feet of the S 23 feet of Lot 9, all in Block 83 Sioux City East Addition, City of Sioux City, in the County of Woodbury County and State of Iowa
(613-15 13th Street)

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 23rd Day of May, 2023.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

A public hearing was held at 4:45 p.m. for an ordinance to amend portions of Woodbury County Ordinance #56: Amendments to modify Section 6.1.A: Wind Turbines Set Back Requirements to increase certain setback requirements to the Ordinance regulating Commercial Wind Energy Conversion Systems in Unincorporated Woodbury County. The Chairperson called on anyone wishing to be heard.

Jim Fisher, Moville City, Monty Mccoy, Climbing Hill, Bob Fritzmeier, Sioux City, Wally Kuntz, Moville, Dan Hair, Hornick, Bryan Mesz, Sioux City, addressed the Board regarding the Ordinance.

Motion by Radig second by Ung to receive the May 17, 2023 Moville meeting minutes (public document) shared for posting by Mr. Fisher. Carried 5-0. Copy filed.

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

Motion by Radig second by Ung to approve the third reading of the Ordinance Amendment. Carried 5-0. Copy filed.

Motion by Ung second by Taylor to adopt the Ordinance #72, Amendment to portions of Woodbury County Ordinance #56: Amendments to modify Section 6.1A: Wind turbines set back requirements to increase setback requirements to the ordinance regulating Commercial Wind Energy Conversion Systems in unincorporated Woodbury County. Carried 5-0.

Motion by Radig second by Ung to approve Office Elements purchase order in the amount of $498,877.04 plus 5% contingency. Carried 5-0. Copy filed.

Motion by Taylor second by Ung to approve expense of $83,491.04 for the purchase of kitchen equipment and installations. Carried 5-0. Copy filed.

Motion by Radig second by Nelson to approve purchase of Cyber Liability Insurance for FY 23/24. Carried 5-0. Copy filed.

Motion by Ung second by Bittinger to receive for signatures a Resolution Speed Limit Old Lakeport Road. Carried 5-0.

SPEED LIMIT RESOLUTION
OLD LAKEPORT ROAD
RESOLUTION #13,607

WHEREAS: The city of Sergeant Bluff has reviewed the speed limit on Old Lakeport Road, citing accident history and residential development, and has passed an ordinance to reduce the speed limit on this joint jurisdiction, corporation line road, and

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 210th Street and Old Lakeport Road then proceeding north on Old Lakeport Road to a point 300 feet north of Glen Ellen Road, a speed limit of 35 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 23rd day of May 2023 by the Woodbury County Board of Supervisors.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Ung second by Taylor to receive for signatures a Resolution setting interest rates for drainage warrants for districts under the jurisdiction of Woodbury County Board of Supervisors. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION #13,608
RESOLUTION ESTABLISHING THE INTEREST PAID ON DRAINAGE WARRANTS

WHEREAS, the Woodbury County Board of Supervisors has the authority to establish the interest rate on drainage warrants pursuant to Iowa Code Chapter 468.

NOW, THEREFORE, BE IT RESOLVED, by the Woodbury County Board of Supervisors that the interest rate for Drainage Warrants is hereby set at 5% APR for Fiscal Year 2024.

SO RESOLVED this 23rd day of May 2023.
WOODBURY COUNTY BOARD OF SUPERVISORS

DATED this 23rd day of May 2023
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Taylor second by Ung to approve and authorize the Chairperson to sign a Resolution Orton Slough Drainage District Levying Special Assessment and Certificate to the County Auditor for Woodbury County, Iowa. Carried 5-0.

RESOLUTION #13,609
ORTON SLOUGH DRAINAGE DISTRICT
RESOLUTION LEVYING SPECIAL ASSESSMENT AND CERTIFICATE
TO THE COUNTY AUDITOR OF WOODBURY COUNTY, IOWA

WHEREAS, the Woodbury County Board of Supervisors is the governing body of the Orton Slough Drainage District of Woodbury County, Iowa; and

WHEREAS, said Board, as Trustees, has determined that it is necessary to levy a special tax and/or assessment on all tracts of land, lots, railroad companies and public highways within the boundaries of the said Drainage District.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the Woodbury County Board of Supervisors as the governing body of the Orton Slough Drainage District, that a special tax and/or assessment in the sum of $ 0.00 be levied against all the tracts of land, lots, railroad companies and public highways within said Drainage District, same to be in the same ratio and upon the same classification as heretofore established, adopted and confirmed.

BE IT FURTHER RESOLVED that the said levy and/or assessment be and the same is hereby certified to the Woodbury County Auditor who is hereby directed to effect said levy and/or assessment against all of the said lands, etc., in the same ratio and upon the same classification as heretofore adopted, established and confirmed and enter same upon the tax list of Woodbury County for collection with the first half of the current year real estate taxes.