Meeting Minutes

Floyd County Board of Supervisors Workshop Meeting

August 22, 2005, 9:00 a.m.




The Floyd County Board of Supervisors met for workshop session at 9:00 a.m. on Monday, August 22, 2005 in the Boardroom of the Floyd County Courthouse with the following members in attendance:  Chairman Enabnit, Supv. Staudt; Absent:  Supv. Dunkel.

Staudt/Enabnit moved to approve the agenda as presented.  Motion carried 2-0.

The Board will review claims individually after the meeting.

The Board noted the resignation of Karen Cutler, RN for Public Health/Home Health Care on August 16, 2005.  The Board noted the hiring of Staci Dahl as fulltime RN for Public Health/Home Health Care on August 17, 2005 at a starting wage of $20 per hour.

The Board noted the Certification of the 2004 Tax List due and payable in 2005-2006.

The Board noted the changes to the Intertel proposal for phone system at DHS.

The Board discussed potential names for the city/county sharing meeting.  Mayor Erb notified the Auditor that the meeting changed to September 21 at 7 p.m., tentatively at the Charles City Library.

The Board discussed potential appointments for the Hospital Commission.

No future agenda ideas were reported. 

The meeting recessed until the County Attorney was available to attend.

Keith Bruinsma, Director of Business Development for VeraSun, Marilyn Dettmer, County Attorney, Tim Fox, Area Economic Development Director, and Bill Vorhes discussed VeraSun’s entry option to the county farm property with the Board.  Bruinsma informed the Board that VeraSun will indemnify the County up to $100,000 for expenses, including legal fees, should the County let them on the county farm to perform necessary testing on the land for the proposed ethanol plant.  Bruinsma predicts they would possibly have 10 acres of damage within 40 acres of the ground.  Allowing them entry on site would give answers to a lot of questions.  Dettmer clarified her position to present the Board with offers and legal advice.  VeriSun would like to enter before the crops are removed using “reasonable purposes” in clause #11 of the lease agreement as just cause for entering the property.  VeraSun’s Iowa attorney, Andy Anderson, and Dettmer cannot find “reasonable purposes” defined in the court system.  Dettmer is to convey to Anderson that the county would entertain the idea of indemnifying the county for damages and expenses if the Board desires to do so.  Dettmer stated that the factors, including economic development, are there for the Board’s consideration but as an officer of the court, she cannot condone a breech of contact.  Dettmer advised that any damages or any litigation that may ensue if the board chooses to follow that path would be totally up to VeraSun following through with their obligation.  The County’s errs and omission insurance would not come into play.  Dettmer has not had time to search the potential regarding any criminal trespass.  Bruinsma stated that he disagrees that this would be a breech of contract and that as an option holder on the property, the County has that right to allow them to enter the property with reasonable purpose.  Dettmer stated that it is better to error on the side of caution and her position is to protect the interest of the county as well as the Board.  Bruinsma reiterated that VeraSun is willing to indemnify the county.  When asked the timeframe of construction, Bruinsma stated that VeraSun would like to get one of the plants they have been working on in the ground yet this year and would like to break ground in Floyd County this fall.  Vorhes questioned the rush, suggested going to other locations and stated that there are better things for Floyd County than a VeraSun plant.  Fox spoke on behalf of the Area Development Corp in support of the benefits of VeraSun.  The Board will decide at tomorrow’s regular meeting their position on this issue.

A motion was made by Supervisor Staudt 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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