Meeting Minutes

Floyd County Board of Supervisors Meeting

September 25, 2007, 9:00 AM


The Floyd County Board of Supervisors met for regular session at 9:00 a.m. on Tuesday, September 25, 2007 in the Board Room of the Floyd County Courthouse with the following in attendance:  Chairman Dunkel, Supv. Enabnit and Supv. Staudt.

Enabnit/Staudt moved to approve the agenda as presented.  Motion carried 3-0. 

Staudt/Enabnit moved to approve the September 10, 11 and 17, 2007 minutes.  Motion carried 3-0.

Enabnit/Staudt moved to approve the following claims:  County 821-1025, Secondary Roads 10192-10223, MH-DD 57358-57395.  Motion carried 3-0.

Enabnit/Staudt moved to approve the dissolution of the 28E LEAD agreement between the City of Charles City and Floyd County at the recommendation of the Sheriff and County Attorney.  Motion carried 3-0.

Staudt/Enabnit moved to table any action regarding law enforcement to the cities of Marble Rock, Rudd, Floyd and Colwell.  Motion carried 3-0.

Staudt/Enabnit moved to approve the fireworks permit for Aaron Hobert for Boy Scouts of America for an event on September 29.  Motion carried 3-0.

Approximately 15 people attended the 3rd reading of the Floyd County Nuisance Ordinance.  The Auditor received a signed notice from seven people requesting the ordinance be republished with the added amendments or be dropped altogether.  Attendees concerns were:  1) who makes the decision on what is junk; 2) the proposed ordinance not referencing the newly approved Board of Health procedures which identify how complaints are addressed; 3) not putting in the amendment to the ordinance that two signatures are required before the Sanitarian can address a complaint per the motions approved at the first and second reading of the ordinance; 4) in regard to the definition of dense vegetation, using the verb “contribute” in the ordinance instead of “constitute” per Iowa Code; 5) an explanation of “trees” in the dense vegetation definition, “…in any county so as to contribute a health, safety, trees or fire hazard”; 6) the need for the ordinance as everything can be accomplished with what is written in the Code of Iowa, 7) junk yards being listed in paragraph 1 and paragraph 2 reading that anything listed in paragraph 1 of the ordinance is a nuisance.  The Board explained that:  1) the Sanitarian will investigate complaints per the BOH procedures, will not go on the property without permission and the BOH will determine if a public health or safety hazard exists; 2) the Supervisors previously reviewed the BOH’s procedures and do not believe their procedures need to be referenced in the ordinance; 3) the Supervisors do not believe it is necessary for the ordinance to read that two signatures are required for complaints as long as it is in the BOH procedures; 4) no comments were made regarding the differences of verbs; 5) trees are not likely to be a problem; 6) the Code of Iowa does not cover everything that the ordinance covers; 7) legitimate junk yards are exempt from this process as well as people who have obtained a conditional use permit from the Board of Adjustments.  Staudt/Enabnit moved to pass the Floyd County Nuisance Ordinance as it was originally published.  Motion carried 3-0.  . 

Connie Parson and Gary Veeder discussed Allied Land Development project for nine single family dwellings in the Allied Sixth Addition.  The Board reviewed the Floyd County Infrastructure Assistance Fund Application dated August 25, 2007 which includes the County’s portion of the project to cost approximately $66,216.20 for 40% of the $165,540.50 cost for paving and storm sewer.  The Auditor reported that there is over $194,000 of the $500,000 infrastructure funds still available.  Enabnit/Staudt moved to approve the Allied Land Development project and authorize the Chairman to sign the Certification of Application and letter to the Iowa Finance Authority.  Motion carried 3-0.  Staudt/Enabnit moved to approve the Development Agreement between Floyd County and Allied Land Development, LLC providing payment in the amount of $66,216.20 to Allied Land Development, LLC upon completion and acceptance of the project.  Motion carried 3-0. 

The Board made a conference call with Jim Thompson, Chamber of Commerce, to discuss the Iowa Great Places Program.  The project includes the County and the City committing $150,000 each to a Carrie Lane Catt House project in the County and a river project in the City of Charles City.  Thompson stated that representatives from Iowa Great Places Program will be in Charles City on October 8 to review the project with the representatives from the Chamber, Catt House and architects from the river front project.  The Board visited with Dusten Rolando, County Engineer, regarding road work as a portion of the County’s commitment to funding for the Catt House project.  Staudt/Enabnit moved to approved Resolution #31-07 Iowa Great Places Program.  Motion carried 2-0 with Supv Dunkel abstaining. 

The Board noted the Certification of County Conservation Purposes Support by County Property Taxes for FY07 that was completed in order to qualify for the distribution of REAP funds/grants.

Enabnit/Staudt moved to take no action on the road preservation act/ordinance.  Motion carried 3-0.

Staudt/Dunkel moved to approve the Application of Underground Construction on Floyd County Right of Way from Omnitel Communications starting at 120th & Jersey to River Rd. and north & south on River Rd.  Motion carried 3-0.  Enabnit/Staudt moved to approve the Application of Underground Construction on Floyd County Right of Way from Iowa Telecom starting at 250th & Addison west to Midway Rd. south to Hwy 218.  Motion carried 3-0.  Staudt/Enabnit moved to approve the Application of Underground Construction on Floyd County Right of Way from Iowa Telecom starting at 250th & Hwy 218 to Lodge & Greene city limit.  Motion carried 3-0. 

Rolando requested the signature from the Chair regarding the completion for the Kam Line paving project.  Hopper has been working with Mid American Energy for the ditch permits for the windmill project.  Rolando updated the Board on the damage to the service truck.  The viaduct project will be let in December.  Rolando received notice that two employees will be retiring in the near future.  Rolando will be working on costs for repairing a drainage district.  The Rockford paving project will be done in asphalt next year along with 300th St.  Rolando sent a letter to Mr. Hobert regarding the County replacing the dirt that was taken if Mr. Hobert removes the fence and post or the County will work with him however he would like.  A citizen reported that his road has too much rock and is graded too often.  Rolando explained that roads are graded anywhere from two weeks to a month and new rock on roads is allocated in districts throughout the County. 

Rolando and the Auditor informed the Board of property that was condemned in the 1970s for road work and is owned by the County by fee simple title but in 2004 a surveyor recorded a wrong description on a plat showing the County only has right of way easement and a 2.29 acre parcel (property to the center of the road) was sold on contract with this wrongly recorded survey description.  The property is up for sale again and an attorney discovered the error during a title opinion review.  A potential new buyer has asked for the County’s consideration of either 1) deeding the misrepresented 1.03 acres, which is basically the ditch up to the center of the road, to the property owner so the potential buyer can purchase 2.29 acres or 2) provide the potential buyer with assurance that he can obtain an easement from the County to the landlocked property.  Whether or not the County owns the property or has an easement on the 1.03 acres, the property owner can access the 1.26 acres adjacent to the 1.03 acres through the existing driveway.  The County does not want to absorb costs associated with transferring the property and obtaining an easement but would consider doing so if the property owner would pay for it.  As it is now, the property owner has only 1.26 acres, not 2.29 acres, to sell. 

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


ATTEST:  _________________________________             ____________________________________

            Gloria A. Carr                                                            Warren K. Dunkel, Chair

            Floyd County Auditor                                            Floyd County Board of Supervisors


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