Minutes - 4/13/2021

APRIL 13, 2021, FIFTEENTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, April 13, 2021 at 4:30 p.m.  Board members present were Radig, Ung, Monson, De Witt, and Wright.  Staff members present were Karen James, Board Administrative Assistant, Melissa Thomas, HR Director, Joshua Widman, Board Attorney, Dennis Butler, Budget/Tax Analyst, 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 De Witt second by Radig to approve the agenda for April 13, 2021. Carried 5-0.  Copy Filed.
 
Motion by De Witt second by Radig to approve the following items by consent:

To approve minutes of the April 6, 2021 meeting.  Copy filed.

To approve the claims totaling $855,623.23.  Copy filed.

To approve Farm Cash Rent Lease with Rick Bousquet, Bousquet Dairy, Inc.  Copy filed.

To approve and authorize the Chairperson to sign a Resolution setting the public hearing and sale date for parcel #894720382013, 1510 Myrtle St.

RECOLUTION #13,151
NOTICE OF PROPERTY SALE

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

All that part of the west one-half (W ½) of the vacated east/west alley as it abuts Lot Ten (10), Block Thirty-Three (33), North Sioux City Addition, City of Sioux City, Woodbury County, Iowa
(1510 Myrtle Street)

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 27th Day of April, 2021 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 27th Day of April, 2021, 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 $232.00 plus recording fees.
     
4.  That this resolution, preceded by the caption "Notice of Property Sale"
and except for this subparagraph 4 be published as notice of the
aforesaid proposal, hearing and sale.

Dated this 13th Day of April, 2021.
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 #13,152
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, 2021, 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 2021-2022.

PASSED and APPROVED this 13th day of April, 2021
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 #13,153
RESOLUTION ADOPTING AND LEVYING SPECIAL ASSESSMENT IN
THE MCCANDLESS INTER-COUNTY DRAINAGE FO MONONA
AND WOODBURY COUNTIES, IOWA

WHEREAS, the Board of Trustees of the McCandless Inter-County Drainage District, in session on the 17th day of March, 2021, requested that the Board of Supervisors levy a special assessment of One Hundred Five Percent (105%) 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 Five Percent (105%) 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 2021-2022.

PASSED and APPROVED this 13th day of April, 2021
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 #13,154
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 8th day of March, 2021, requested that the Board of Supervisors levy a special assessment of Fifty Percent (50%) 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 Fifty Percent (50%) 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 2021-2022.

PASSED and APPROVED this 13th day of April, 2021
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

To approve the reclassification of Sabrina Ward, Civilian Jailer, County Sheriff Dept., effective 03-14-21, $24.56/hour, 15%=$3.27/hr.  Per CWA Civilian Officers Contract agreement, from Class 2 to Senior Class due to 4 years of employment and Bachelor’s Degree.; the reclassification of Temothy Rodriquez Gomez, Civilian Jailer, County Sheriff Dept., effective 03-30-21, $24.56/hour, 10.8%=$2.41/hr.  Per CWA Civilian Officers Contract agreement, from Class 1 to Senior Class due to 6 years of employment and Associates Degree.; the separation of Georgeann Pettigrew, Clerk II, County Treasurer Dept., effective 04-12-21.   Separation.; the appointment of Tyler Javorsky, Civilian Jailer, County Sheriff Dept., effective 04-19-21, $20.46/hour.  Job Vacancy Posted 3-3-21.  Entry Level Salary:  $20.46/hour.; and separation of Erin Warrior, Civilian Jailer, County Sheriff Dept., effective 04-30-21.  Resignation.  Copy filed.

To approve and authorize the Chairperson to sign the Authorization to initiate the hiring process for (2) Civilian Jailers, County Sheriff Dept.  CWA:  $20.46/hour; and Clerk II, County Treasurer Dept.  AFSCME Courthouse:  $17.30/hour.  Copy filed.

To approve the tentative agreement reached with CWA regarding the contract between Woodbury County and Civilian Officers’ CWA 7177.  Copy filed.

To approve the lifting of tax suspensions for petitioners who failed to re-certify their income or income does not qualify for continues tax suspension.  Copy filed.

To approve and authorize the Chairperson to sign a Resolution approving petition for suspension of taxes for Donald Brown, parcel #894723152014, 3227 22nd St., Sioux City.

WOODBURY COUNTY, IOWA
RESOLUTION #13,155
RESOLUTION APPROVING PETITION FOR SUSPENSION OF TAXES

WHEREAS, Donald Brown, is the titleholder of property located at 3227 – 22nd St., Sioux City, IA, Woodbury County, Iowa, and legally described as follows:  
       
Parcel #894723152014

CALLS PLATEAU TRI NE COR LOT 8 & LOTS 9 & 10

WHEREAS, Donald Brown is the titleholder of the aforementioned property have 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 13th day of April, 2021. 
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.
 
Carried 5-0.

A public hearing was held at 4:35 p.m. for the sale of parcel #894711203003, 4534 Polk St.  The Chairperson called on anyone wishing to be heard.

Motion by De Witt second by Radig to close the public hearing.  Carried 5-0.

Motion by Monson second by De Witt to approve and authorize the Chairperson to sign a Resolution for the sale of real estate parcel #894711203003, 4534 Polk St., to Andrea and Lucas Mann, 4538 Polk St., Sioux City, for $316.00 plus recording fees.  Carried 5-0.

RESOLUTION OF THE BOARD
OF SUPERVISORS OF WOODBURY COUNTY, IOWA
RESOLUTION #13,156

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

By Andrea Mann & Lucas Mann __in the sum of Three Hundred Sixteen Dollars & 00/100 ($316.00)-----------------------------------------------------dollars.

For the following described real estate, To Wit:
 
Parcel #894711203003
Lot Four (4) in Block Seven (7) of Leeds Addition, City of Sioux City, Woodbury County, Iowa
(4534 Polk 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 13th Day of April, 2021.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Monson second by Ung to approve and authorize the Chairperson to sign a Resolution for Weed Destruction Order for 2021.   Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION #13,157
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 2021 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 3, 2021 – for Palmer amaranth annual.

2. May 10, 2021 - for musk, thistle, sow thistle, bull thistle, leafy spurge, perennial pepper grass, sour dock perennial, smooth dock perennial, and sheep sorrel perennial.

3. June 1, 2021 - for Canada thistle, Russian knapweed, buckhorn perennial, wild mustard annual, horse nettle, and teasel biennial.

4. June 7, 2021 - for field bindweed, wild carrot biennial, and quack grass.

5. June 14, 2021 - for butterprint annual, puncture vine annual, and cocklebur annual.

6. July 1, 2021 - for wild sunflower annual and poison hemlock.

7. October 4, 2021 - 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, Perspective, Method 240SL, and MSN 60.

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 eradicated or otherwise destroyed, to prevent seed production, by the owner of the land adjoining the road on or before June 11, 2021.

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 13th day of April, 2021
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

A public hearing was held at 4:45 p.m. for purchase of Electronic Poll Books. 

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

Proposals were submitted by knowink, 2111 Olive Street, St. Louis, MO 63103; Tenex Software Solution, Inc., 5021 W Laurel Street, Tampa, FL 33607; and Iowa Precinct Atlas Consortium, 5500 Westown Parkway, Suite 190, West Des Moines, IA 50266.

Motion by De Witt second by Radig to receive the proposals and submit them to the County Commissioner of Elections for review and recommendation.  Carried 5-0.  Copy filed.

Motion by De Witt second by Radig to approve the FY 2022 Woodbury County Secondary Roads Dept. budget.  Carried 5-0.  Copy filed.

Motion by De Witt second by Radig to approve the FY 2022 Woodbury County Secondary Roads Dept. Five Year Construction Program.  Carried 5-0.   Copy filed.

Motion by Radig second by De Witt to approve the contract for Pavement Markings 2021 with Vogel Traffic Services for $109,375.  Carried 5-0.  Copy filed.

Motion by Radig second by Ung to appoint Tina Bertrand County Treasurer to fill the position of retired Michael Clayton.  Carried 4-0; De Witt abstained.  

Motion by Ung second by Wright to set 4:15 P.M. on April 20th in the Board Meeting area to swear in the new County Treasurer.  Carried 5-0.  

Motion by Ung second by Monson to approve the Woodbury County Nonprofit Funding request and assurances document with agreed to changes.  Carried 5-0.  Copy filed.

Motion by De Witt second by Ung to require Nonprofits to complete the Woodbury County Funding request and assurances document and gain Board approval prior to release of funding.  Carried 5-0.  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 April 20, 2021.

Meeting sign in sheet.  Copy filed.