Minutes - 4/19/2016

APRIL 19, 2016 —FIFTEENTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS 

The Board of Supervisors met on Tuesday, April 19, 2016 at 3:30 p.m.  Board members present were Monson, Ung, Smith, Taylor, and Clausen.  Staff members present were Dennis Butler, Budget Tax Analyst, Karen James, Board Administrative Coordinator, Ed Gilliland, Human Resources Director and Patrick Gill, Auditor/Clerk to the Board.

Motion by Ung second by Monson to go into closed session per Iowa Code Section 21.5(1)(c).   Carried 4-0 on roll-call vote.

Motion by Monson second by Ung to go out of closed session per Iowa Code Section 21.5(1)(c).  Carried 4-0 on roll-call vote.

Supervisor Clausen arrived after the completion of the closed session.

The meeting was called to order with the Pledge of Allegiance to the Flag and a Moment of Silence.

Brian Johnson, 4873 Bradford Ln, Sioux City, addressed a concern with a late arriving tax payment.

A public hearing was held at 4:35 p.m. for the sale of parcel #001995, 613 W. 2nd St.  The Chairperson called on anyone wishing to be heard.

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

Motion by Monson second by Clausen to approve and authorize the Chairperson to sign a Resolution for the sale of this parcel to Carlos Ayala, 205 Sparks St., Sioux City, for real estate parcel #001995, 613 W. 2nd St. for $213.00 plus recording fees.  Carried 5-0.

RESOLUTION OF THE BOARD

OF SUPERVISORS OF WOODBURY COUNTY, IOWA

RESOLUTION #12,352    

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

By   Carlos Ayala in the sum of Two Hundred Thirteen Dollars & 00/100 ($213.00)-----------------------------------------------------dollars.

For the following described real estate, To Wit:  

Parcel #001995

The Easterly 55 feet of Lot 6 in Block 8, Sioux City Addition to Sioux City, in the County of Woodbury and State of Iowa

(613 W 2nd 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close of business on the day of passage of this resolution or this sale is null and void and this resolution shall be rescinded.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 19th Day of April, 2016.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

A public hearing was held at 4:37 p.m. for the sale of parcel #034320, 1010 12th St.  The Chairperson called on anyone wishing to be heard.

Motion by Monson second by Smith to close the public hearing.  Carried 5-0.

Motion by Monson second by Ung to approve and authorize the Chairperson to sign a Resolution for the sale of this parcel to Robert and Vicky Higgins, 4542 Manor Cir., Sioux City, for real estate parcel #034320, 1010 12th St. for $246.00 plus recording fees.  Carried 5-0.

RESOLUTION OF THE BOARD

OF SUPERVISORS OF WOODBURY COUNTY, IOWA

RESOLUTION #12,353

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

By   Robert & Vicky Higgins in the sum of Two Hundred Forty-Six Dollars & 00/100 ($246.00)-----------------------------------------------------dollars.

For the following described real estate, To Wit:  

Parcel #034320

East 38.5 ft West 110 ft of Lot 1 in Block 109 East 40 ft of Lot 1 in Block 109, Sioux City East Addition, City of Sioux City, Woodbury County, Iowa

(1010 12th 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 19th Day of April, 2016.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Clausen second by Monson to approve the Agenda for April 19, 2016.  Carried 5-0.  Copy filed.

Motion by Monson second by Ung to approve the minutes of the April 11, 2016 Board meeting.  Carried 5-0.  Copy filed.

Motion by Ung second by Monson to approve the claims totaling $305,809.78.  Carried 5-0.  Copy filed.

Motion by Monson second by Clausen to receive for signatures a Resolutions thanking and commending Debra Kobold and Eileen Whitehouse for their years of service to Woodbury County.  Carried 5-0.

WOODBURY COUNTY, IOWA

RESOLUTION #12,354

A RESOLUTOIN THANKING AND COMMENDING

DEBRA KOBOLD

FOR HER SERVICE TO WOODBURY COUNTY

WHEREAS, Debra Kobold has capably served Woodbury County as an employee of the Woodbury County Treasurer’s Office  for 37 years from October 2, 1979 to April 22, 2016; and

WHEREAS, the service given by Debra Kobold as a Woodbury County employee, has been characterized by her dedication to the best interests of the citizens of Woodbury County; and

NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF WOODBURY COUNTY, IOWA that the undersigned members of this Board thanks and commends Debra Kobold for her years of service to Woodbury County; and

BE IT FURTHER RESOLVED that it is the wish of all those signing below that the future hold only the best for this very deserving person, Debra Kobold.

BE IT SO RESOLVED this 19th day of April, 2016.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

WOODBURY COUNTY, IOWA

RESOLUTION #12,355

A RESOLUTION THANKING AND COMMENDING

EILEEN WHITEHOUSE

FOR HER SERVICE TO WOODBURY COUNTY

WHEREAS, Eileen Whitehouse has capably served Woodbury County as an employee of the Woodbury County Treasurer’s Office for 19 years from July 21, 1997 to May 6, 2016; and

WHEREAS, the service given by Eileen Whitehouse as a Woodbury County employee, has been characterized by her dedication to the best interests of the citizens of Woodbury County; and

NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF WOODBURY COUNTY, IOWA that the undersigned members of this Board thanks and commends Eileen Whitehouse for her  years of service to Woodbury County; and

BE IT FURTHER RESOLVED that it is the wish of all those signing below that the future hold only the best for this very deserving person, Eileen Whitehouse.

BE IT SO RESOLVED this 19th day of April, 2016.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Monson second by Clausen to approve and authorize the Chairperson to sign a Resolution for suspension of taxes through the redemption process for Dennis Trizila, 3520 Park View Blvd., parcel #894723385011.  Carried 5-0.

WOODBURY COUNTY, IOWA

RESOLUTION #12,356

RESOLUTION APPROVING PETITION FOR SUSPENSION

OF TAXES THROUGH THE REDEMPTION PROCESS

WHEREAS, Dennis Trizila  as joint titleholders of  a property  located at 3520 Park  View Blvd., Sioux City,  Woodbury County, Iowa, and legally described as follows:

Parcel #  894723385011

KELLY PARK LOTS 13 & 14 BLK 23

WHEREAS, Dennis Trizila, as joint titleholders of the aforementioned property has petitioned the Board of Supervisors for a suspension of taxes pursuant to the 1999 Iowa Code Section 447.9(3) 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 directs the County Auditor to redeem this property Parcel  #894723385011 owned by the petitioner from the holder of a certificate of purchase of the amount necessary to redeem under section 447.9, and hereby directs the Woodbury County Treasurer to so record the approval of this tax suspension for this parcel.

SO RESOLVED this 19th day of April, 2016.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Monson second by Smith to approve and authorize the Chairperson to sign a Resolution setting the public hearing and sale date for parcel #194610, 322 Argonne Pl., Sioux City.  Carried 5-0.

RESOLUTION #12,357

NOTICE OF PROPERTY SALE

WHEREAS Woodbury County, Iowa was the owner under a tax deed of a certain parcel of real estate described as:

Lot Nine of Block Four in Hatfields Addition to City of Sioux City, Woodbury County, Iowa

(322 Argonne Pl.)

NOW THEREFORE,

BE IT RESOLVED by the Board of Supervisors of Woodbury County, Iowa as follows:

1.  That a public hearing on the aforesaid proposal shall be held on the 3rd Day of May, 2016 at 4:35 o’clock p.m. in the basement of the Woodbury County Courthouse.      

2.  That said Board proposes to sell the said parcel of real estate at a public auction to be held on the 3rd Day of May, 2016,  immediately following the closing of the public hearing.      

3.  That said Board proposes to sell the said real estate to the highest bidder at or above a total minimum bid of $37.00 plus recording fees.

Dated this 19th Day of April, 2016.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Information was presented by Jeremy Taylor on Secondary Roads and ESGR (Employer Support of the Guard and Reserve).  Copy filed.

Information was presented by Erika Newton, Executive Director of the Tyson Events Center, on the Roger Brooks Community Assessment.  Copy filed.

Information presented by David Gleiser, Rural Economic Development, on the 62nd Annual Siouxland Washington Conference & Steak Reception.  Copy filed.

Motion by Monson second by Taylor to approve the separation of Raymond Richtermeier, Temporary Equipment Operator, Secondary Roads Dept., effective 4-18-16.  End of Temporary Work.; the separation of Delyane Folsom, Temporary Equipment Operator, Secondary Roads Dept., effective 4-20-16.  End of Temporary Work.; the separation of Debra Kobold, % Deputy, County Treasurer Dept., effective 04-22-16.  Retirement.; and the reclassification of John Forch, District Foremen, Secondary Roads Dept., effective 5-06-16, $63,168/year, 2%=$1,330/yr.  Per Wage Plan Matrix, 4 year Salary Increase.  Carried 5-0.  Copy filed.

Motion by Clausen second by Ung to authorize the Chairperson to sign the Authorization to initiate the hiring process for F/T Operations Officer, Emergency Services Dept., Wage Plan Matrix:  $13.90-$15383/hour,  FY 16/17 Wage.  Carried 5-0.  Copy filed.

Motion by Monson second by Ung to approve the request of Debra Kobold to remain on County Health and Dental Insurance Plans.  Carried 5-0.  Copy filed.

Motion by Monson second by Ung to approve the Nepotism Policy.  Carried 5-0.  Copy filed.

Information on was presented on the Express Scripts audit.  Copy filed.

Motion by Clausen second by Monson to receive the appointment of Alan Weber, 3983 Danbury Black Top, Mapleton, IA, as Trustee for Oto Township, to fill the office previously held by James Pierick, until the next regular election.  The appointment was made on March 22, 2016.  Carried 5-0.  Copy filed.

Motion by Clausen second by Taylor to receive the appointment of Judy Monson, 300 3rd St., Sergeant Bluff, IA, as Clerk for Woodbury Township, to fill the office previously held by Casey Lee, until the next regular election.  The appointment was made on April 1, 2016.  Carried 4-0; Monson abstained.  Copy filed.

Motion by Smith second by Clausen to receive the County Recorder’s Report of Fees Collected from 01/01/16 through 03/31/16.  Carried 5-0.  Copy filed.

Motion by Monson second by Smith to receive the Auditor’s Quarterly Report on the 1st quarter ending 03/31/16.  Carried 5-0.  Copy filed.

Motion by Clausen second by Taylor to approve the application for the 2017 EMS System Development Grant for the amount of $7,713.00.  Carried 5-0.  Copy filed.

Motion by Smith second by Clausen to approve Dawn Zahnley from Emergency Services to be the Authorized Official and Jean Jessen from the Auditor’s office to be the Fiscal Officer for the purpose of administering the grant.  Carried 5-0.  Copy filed.

Information was presented by John Pylelo, Planning & Zoning, about citizen inquiry to purchase county owned real estate.  Tami Mullenix, 5928 Four Seasons Dr, Sioux City, thanked the Board for their consideration.  Copy filed.

Information was presented by Kenny Schmitz, Building Services, on Courthouse-South East windows needing emergency repair.  Copy filed.

Motion by Ung second by Monson to approve and authorize the Chairperson to sign a Resolution declaring a state of emergency exists pertaining to windows located in courtroom 203 of the Woodbury County Courthouse.  Carried 5-0.

RESOLUTION #12,358

A RESOLUTOIN DECLARING A STATE OF EMERGENCY EXISTS PERTAINING TO WINDOWS LOCATED IN

COURTROOM 203 OF THE WOODBURY COUNTY COURTHOUSE

WHEREAS, the Woodbury County Building Services was notified of damage relating to windows located in Courtroom 203 of the Woodbury County Courthouse and

WHEREAS, Woodbury County engaged Cannon Moss Brygger Architects to inspect the windows in question and

WHEREAS, Cannon Moss Brygger Architects has completed a report and written a letter to the Chairperson of the Woodbury County Supervisors notifying them that in their professional opinion that a state of emergency exists where action is needed immediately to protect from further property damage and prevent serious injury or possible death and

WHEREAS, the Woodbury County Supervisors are convinced the windows in Courtroom 203 of the Woodbury County Courthouse are in need of emergency repair,

BE IT THEREFORE RESOLVED by the Board of Supervisors, Woodbury County, Iowa, hereby declares that a state of emergency exists in regards to the windows in Courtroom 203 of the Woodbury County Courthouse and that immediate action is needed to protect the County from further property damage and to prevent serious injury or possible death.

BE IT FURTHER RESOLVED that the Woodbury County Supervisors intend to take any reasonable action allowable under Iowa Law to protect the County from further property damage and prevent serious injury or possible death.

SO RESOLVED this 19th day of April, 2016

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Monson second by Ung to approve and authorize the Chairperson to sign a Resolution setting the date for the public hearing on 2016 Amendment to the Liberty Park Urban Renewal Area and Plan to be held on May 17, 2016 at 4:45 p.m.  Carried 5-0.

RESOLUTON #12,359

SETTING DATE FOR A PUBLIC HEARING ON 2016 AMENDMENT TO THE LIBERTY PARK URBAN

RENEWAL AREA AND PLAN

WHEREAS, the Board of Supervisors of Woodbury County, Iowa (the “County”) has created the Liberty Park 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, a county must amend the existing urban renewal plan to describe and include that new project; and

WHEREAS, an amendment to the urban renewal plan for the Urban Renewal Area has been prepared which proposes to change the name of the Urban Renewal Area to Grow Woodbury County Urban Renewal Area, and to add new property and a project with the city of Sergeant Bluff, and

WHEREAS, it is necessary that a date be set for a public hearing on this proposal;

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

This Board will meet at the Woodbury County Courthouse, Sioux City, Iowa, on the 17th day of May, 2016, at 4:45 o’clock p.m., at which time and place it will hold a public hearing on the proposed 2016 amendment to the Urban Renewal Area and plan Notice of the hearing shall be published, the same being in the form attached to this resolution, which publication shall be made in a newspaper of general circulation in Woodbury County, which publication shall be not less than four (4) nor more than twenty (20) days before the date set for the hearing. Pursuant to Section 403.5 of the Code of Iowa, Dennis Butler is hereby designated as the County’s representative in connection with the consultation process which is required under that section of the urban renewal law.

Passed and approved April 19, 2016.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Smith second by Clausen to approve and authorize the Chairperson to sign a Resolution Weed Destruction Order.  Carried 5-0.

WOODBURY COUNTY, IOWA

RESOLUTION #12,360

WEED DESTRUCTION ORDER

WHEREAS, it is the responsibility of each of Iowa County’s Board of Supervisors to enforce the provisions of Chapter 317 of the Code of Iowa as amended with regard to the destruction of weeds, and

WHEREAS, under Chapter 317 of the Code of Iowa as amended each county Board of Supervisors must prescribe and order a program of weed destruction to be followed by landowners, tenants, and other persons in possession or control of land, and

WHEREAS, it has been determined by the Woodbury County Board of Supervisors that a program of weed destruction for the year 2016 is necessary,

NOW THEREFORE,

BE IT RESOLVED by the Board of Supervisors of Woodbury County, Iowa that each landowner, tenant or other person in possession or control of private land shall on or before the dates stated below, destroy the below-listed noxious weeds on their land by spraying them with a suitable herbicide in a strength sufficient to kill such weeds.

1. May 16, 2016 - for musk, thistle, sow thistle, bull thistle, leafy spurge, perennial pepper grass, sour dock perennial, smooth dock perennial, and sheep sorrel perennial.

2. June 6, 2016 - for Canada thistle, Russian knapweed, buckhorn perennial, wild mustard annual, horse nettle, and teasel biennial.

3. June 13, 2016 - for field bindweed, wild carrot biennial, and quack grass.

4. June 20, 2016 - for butterprint annual, puncture vine annual, and cocklebur annual.

5. July 4, 2016 - for wild sunflower annual and poison hemlock.

6. October 3, 2016 - all thistles in the rosette stage.

BE IT FURTHER RESOLVED AND ORDERED that any person using county road Right-of-Way for haying or grazing are responsible for following the labeled restrictions listed on the following products used by Woodbury County Weed Commissioner: Grazon P&D, Streamline, and Perspective.

BE IT FURTHER RESOLVED AND ORDERED that all weeds on county trunk and local roads and between the fence lines of such roads, whether they be noxious weeds or other weeds, shall be cut or otherwise destroyed, to prevent seed production, by the owner of the land adjoining the road on or before June 17, 2016.

BE IT FURTHER RESOLVED that weeds that are not destroyed in compliance with the above order may be destroyed by the Weed Commissioner, and the costs of destruction by the Weed Commissioner, including the cost of serving notice, plus a penalty of twenty-five percent of total costs shall be assessed against the property upon which the weeds were destroyed, in the case of private lands, or against the adjoining land, in the case of weeds on county roads.  Landowners are to contact Weed Commissioner and notify him if there are areas that should not be sprayed with herbicides.

SO RESOLVED this 19th day of April, 2016

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Ung second by Monson to approve a permit to work for overhead or underground utilities in the Highway Right of Way for Oak Hill Consulting.  Carried 5-0.  Copy filed.

Motion by Monson second by Ung to approve the contract of corrugated metal pipe culverts for 2016 with Metal Culverts Inc. for $99,572.33.  Carried 5-0.  Copy filed.

Motion by Clausen second by Monson to approve a permit to work in the right of way for Soil Solutions.  Carried 5-0.  Copy filed.

Motion by Monson second by Smith to approve a permit to work in the right of way for Cardis Manufacturing.  Carried 5-0.  Copy filed.

Motion by Clausen second by Ung to approve a permit to work in the right of way for Greg Trucke.  Carried 5-0.  Copy filed.

Motion by Monson second by Smith to approve a permit to work in the right of way for Brett Johnston.  Carried 5-0.  Copy filed.

Motion by Smith second by Taylor to award Project #BROS-CO97(120)—5F-97 to Graves Construction for $904,0863.92.  Carried 5-0.  Copy filed.

Motion by Ung second by Clausen to award Project #L-B(X14)—73-97 to Graves Construction for $490,806.48.  Carried 5-0.  Copy filed.

Motion by Monson second by Ung to award Project #FEMA Site 11—73-97 to Niewohner Construction for $161,796.40.  Carried 5-0.  Copy filed.

The Board recessed for a meeting of the Wolf Creek Drainage District.

The Supervisors meeting was called back to order.

Motion by Smith second by Ung to make April 27th, 2016 Denim Day.  Carried 5-0.  Copy filed.

The Chairperson reported on day to day activities.

The Board members reported on their committee meetings.

Citizen concerns.

Board concerns and comments.

The Board adjourned the regular meeting until April 26, 2016.

Meeting sign in sheet.  Copy filed.

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