Meeting Minutes

Board of Supervisors Agenda

May 24, 2005, 9:00 AM

Floyd County Courthouse Board Room




The Floyd County Board of Supervisors met in regular session at 9 a.m. on Tuesday, May 24, 2005 in the Boardroom of the Floyd County Courthouse, Charles City, IA.  Chairman Enabnit and Supervisor Dunkel were present; Supervisor Staudt was absent.


Dunkel/Enabnit motioned to amend the agenda to include noting the Iowa Department of Corrections report of the Floyd County Jail Inspection.  Motion carried 2-0.  Dunkel/Enabnit motioned to approve the agenda as amended.  Motion carried 2-0.


Dunkel/Enabnit motioned to approve the May 10, 2005 meeting minutes.  Motion carried 2-0.


Enabnit/Dunkel motioned to approve the county claims #4167-4365, Secondary Roads #17386-17417, MH-DD #56074-56099, Drains - 0.  Motion carried 2-0.


Dunkel/Enabnit motioned to approve the Application for County License for fireworks permit from June 1, 2005 through May 31, 2006 for Chris Garden and authorize the chairperson to sign the application.  Motion carried 2-0. 


Enabnit/Dunkel motioned to authorize the chairperson to sign the Application for On-Premise Application for Liquor, Wine or Beer form for Floyd County Fair Grounds as a recommendation that the license be approved and that Outdoor Service Area be approved.  Motion carried 2-0.


Dunkel/Enabnit motioned to authorize the Auditor to proceed with the HAVA County Voting System Allocation Application when equipment pricing is available and authorize the chairperson to sign the application when completed.  Motion carried 2-0.


Proposed Cost Allocation Plans from Maximus and CASI were discussed.  Enabnit/Dunkel motioned to approve the CASI contract at a cost of $3,850 per year for three years with a guarantee that fees would not increase by more than $192.50 over the starting fee for years four through eight if the County stays with CASI.  Motion carried 2-0.


The Board discussed the disposition of three old pickups that are no longer used at the Conservation Department.  The County also has a Dodge pickup which is used by maintenance personnel that isn''t in as good of condition as the best of the three Conservation pickups.  Dunkel/Enabnit motioned to keep the best of the four pickups for the County''s Maintenance personnel to use and authorize the Auditor to place an ad for sealed bids for the sale of the remaining three pickups.  Motion carried 2-0.


The Board discussed the Licensed Code Support Agreement and the Consulting and Services Agreement with Solutions.  There is an increase of $1,200 in the Licensed Code Support Agreement from FY2005.  Hourly travel rate has increased by $5 per hour and mileage has increased to $.405 to match the Federal rate.  The Auditor recommended to accept the contract with the exception of the Stand Alone Absentee Ballot Module which costs $800 and should no longer be needed as the State''s new software will have its own module.  Dunkel/Enabnit motioned to approve the Solution''s contracts less the Absentee Module if it is not necessary to carry any more.  Motion carried 2-0.   


Enabnit/Dunkel motioned to table action regarding the Policyholder Disclosure Notice of Terrorism Insurance Coverage until the next meeting when all Supervisors were available to discuss.  Motion carried 2-0.


Dunkel/Enabnit motioned to approve the Local Public Health Services FY05 Request to Modify Contract which includes adding Diane Murphy, RN, as Subcontracting Agency Administrator.  Motion carried 2-0


Dunkel/Enabnit motioned to approve the resolution to reclassify the portion of Victory Avenue from Midway Road South to Highway 218 as a Class C Road as recommended by the County Engineer and authorize the chairperson to sign the resolution.  Motion carried 2-0.


Enabnit/Dunkel motioned to approve the resolution to reclassify the portion of 220th Street east of Old Highway Road as a Class C Road as recommended by the County Engineer and authorize the chairperson to sign the resolution.  Motion carried 2-0.


One sealed bid was received from Watertight Construction in the amount of $49,900 for the construction of a 3-sided cold storage building for the Secondary Road Department.  Dunkel/Enabnit motioned to accept the bid with Watertight at a cost of $49,900.  Motion carried 2-0.


The Board noted the hiring of Matt Lovik on May 9, 2005 at a rate of $9.55 per hour to fill the previously vacated part-time jail position.


The Board noted the receipt from Clerk of Court for fees collected for Sheriff of $520.35, Sheriff Surcharge of $240.00, and Treasurer of $1,050.60. 


Floyd County Attorney, Marilyn Dettmer, presented a prepared statement in regard to the correction of misinformation on the Junk Ordinance.  The Iowa Code was rewritten and a new chapter for zoning law was created allowing a violator to pay a file up to $750 instead of Floyd Countys current limit of $100.  The new code also allows the abatement of the nuisance (junk) by the county if the violator does not do so in the court-ordered period of time.  Marilyn stated there is a flaw in Floyd Countys ordinance draft in that the original penalty section was not deleted and conflicts with the proposed new penalty section.  Marilyn recommended that the hearings regarding this ordinance be scrapped and that she work with Mike Milligan and Gloria Carr to redraft the document and present it to the board again for consideration.  In regard to discussion at past hearings of having a committee established to view items that have been subject to complaint to determine if it is junk, Marilyn stated this proposal is contrary to Iowa Law which charges the County Zoning Director with that duty and any other persons assuming that role would have no legal authority to act in making that decision and would have no credentials to testify in court.  Marilyn also confronted the board about false statements made in regard to her position in prosecuting junk ordinance violations.  Mike Milligan attested that Marilyn has not refused to prosecute any cases brought to her for prosecution.  Marilyn stated that Mikes general duties are to investigate complaints, gather evidence and present the case to her for prosecution.  Marilyn stated her duties are to assist Mike in whatever way possible throughout the process, write letters, review evidence and make suggestions for actions he can take to strengthen the case.  Marilyn requested an apology from Supervisor Dunkel at this public meeting.  Supervisor Dunkel stated he apologizes if the information he received from Mike and repeated was wrong.  The Board still intends to have a public workshop to discuss the ordinance before conducting any further hearings.


The Board received notice that VeraSun Energy intends to submit an offer for an option to purchase the County Farm tillable acres in effort to build and operate an ethanol plant on the property.  VeraSun requires an option so they can proceed with due diligence activities, including soil investigations, prior to purchasing the property.  Enabnit/Staudt motioned to table any action until we receive an offer from VeraSun.  Motion carried 2-0.


Dunkel/Enabnit motioned to approve the Resolution for Appropriation Changes, including moving $5,000 from the Clerk of Court budget to the County Attorney - $1,000 and Public Defender - $4,000 all in service area 1 and $5,000 from the General Services budget to the Zoning Department - $2,000 and Nondepartmental/Infrastructure Fund - $3,000 all in service area 6.  Motion carried 2-0.


The hearing for Amendment to County Budget opened at 10:04 a.m..  There were seven people in attendance.  The Auditor received no written or oral concerns or objections prior to the hearing.  Upon no objections at the hearing, the hearing closed at 10:05 a.m.


Enabnit/Dunkel motioned to approve the Amendment to County Budget.  Motion carried 2-0.


Supervisor Dunkel read the letter received by the Iowa Department of Correction in regard to the recent jail inspection.  The Floyd County jail is in compliance with Chapter 201-50 of the Iowa Administrative Code.


Old Business

Supervisor Dunkel said he checked out the Stillwater bridge and received good news from a nearby property owner about how quickly this bridge work was completed. 


Supervisor Enabnit said he drove by Prairie View Place road and said progress is moving along with widening the road.



New Business -

The County Engineer, Dusty Rolando, presented the Forman''s meeting information to the Supervisors.  Dusty also provided an update on the following: 

The mower that was approved to purchase at a prior meeting was purchased and found that it wont work with our equipment so they are looking for a different mower. 

Letting of Ryner''s bridge should be around June 21 with the work having a start date no later than July 25 and should be completed by the end of October. 

Calvin Hopper is going to look at a tile problem on the county farm today. 

Work on the Marble Rock rail road tracks should start next week. 

One of the properties in drainage district 9 has a Willow tree growing by a tile line.  The Supervisors discussed damage willow trees can cause to tile lines.  Supervisor Dunkel is to find out who the attorney is for property owner.


A motion was made by Supervisor Dunkel and seconded by Supervisor Enabnit to adjourn.  Motion carried 2-0.



ATTEST:  ___________________________          _______________________________

         Gloria A. Carr                                         Arlin V. Enabnit, Chairman

         Floyd County Auditor                              Floyd County Board of Supervisors




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