Floyd County Board of Supervisors Meeting Agenda
August 23, 2005, 9:00 AM
The Floyd County Board of Supervisors met for regular session at 9:00 a.m. on Tuesday, August 23, 2005 in the Courtroom of the Floyd County Courthouse with the following in attendance: Chairman Enabnit, Supv. Staudt, Supv. Dunkel. Approximately 60 people attended the meeting.
Dunkel/Staudt moved to amend the agenda to include review/action regarding fireworks permit for Janet Willert. Motion carried 3-0. Dunkel/Staudt moved to approve the agenda as amended. Motion carried 3-0.
Staudt/Enabnit moved to approve the August 8, August 9, and August 15, 2005 meeting minutes. Motion carried 3-0.
Staudt/Dunkel moved to approve paying the following claims: County #487-661, Secondary Roads 17599, MH-DD 56196-56225. Motion carried 3-0.
Staudt/Enabnit approved the County License for fireworks permit for Jason Parcher. Motion carried 3-0. Staudt/Dunkel moved to approve the County License for fireworks permit for Janet Willert. Motion carried 3-0.
Dunkel/Staudt moved to approve the suspension of taxes for resident who qualifies for state supplementary assistance through DHS per Iowa Code 427.9. Motion carried 3-0.
Dunkel/Staudt motioned to authorize the Chairperson to sign the Resolution for Designation Regarding Targeted Case Management and the Contract for Targeted Case Management Services Between Floyd County and the Iowa Department of Human Services per recommendation of Bob Lincoln, Case Management Director. Motion carried 3-0.
Dunkel/Staudt motioned to table action regarding long term financial investments until County Engineer and Treasurer could be present. Motion carried 3-0.
Doug Schroeder, Conservation Director, explained the Iowa Department of Natural Resources process of declaring the Fossil and Prairie Park a state reserve. A comment period was offered to the public over the winter. Comments made regarding concerns of this effort were addressed. Most feedback was positive. Staudt/Dunkel motioned to declare the Fossil and Prairie Park a state preserve and authorize the Chairman to sign the Articles of Dedication. Motion carried 3-0. Randy Heitz questioned the ramifications to neighboring property owners of this site becoming a preserve. Schroeder explained that there are no ramifications to neighbors, signage will be different and the restrictions to the park itself will be better protected.
Doug Schroeder, Conservation Director, and the Board discussed the Integrated Roadside Vegetation Management (IRVM) plan which will allow the County to receive DOT Right-of-Way funds. The county’s current plan, although it hasn’t been utilized to its potential, is up for renewal. Schroeder believes continuing this plan would be beneficial to the County and has been communicating with the County Engineer about better utilization of this plan throughout the County. Schroeder requested action on two items: 1) clarification on weed commissioner duties as to whether or not the county wants to address weed issues by complaint or by an active approach throughout the county; and 2) whether or not the board would like him to resubmit the IRVM plan. Staudt/Dunkel motioned to proceed with the IRVM plan for the County and directed Schroeder to rewrite and submit the plan to the state. Motion carried 3-0. The weed commissioner duties will be addressed in the next budget process. Randy Heitz questioned the ramifications of spray drift from farmer’s spray. Schroeder responded to Heitz that there is no legal concerns of this process and explained it would allow for an educational opportunity between the Conservation Department and the public.
Staudt/Dunkel moved to approve the tile crossing on T47 at approximately 240th Street to be paid by the County. Motion carried 3-0.
Bill Vorhes requested the Board’s consideration to allow him to tile 10-15 acres to the east of a County drain #34 into the County’s main tile. Dunkel/Staudt motioned to direct the County Engineer to set up meetings with the drainage district owners as necessary and move forward to see if it is feasible to allow Vorhes to tile into the County’s drain. Motion carried 3-0.
Bill Vorhes requested to table action regarding the crop damage due to the tile issue on the County Farm. Enabnit/Dunkel moved to table action until the County Engineer and Vorhes could be present for discussion. Motion carried 3-0.
Don Endres, VeraSun CEO, spoke of VeraSun’s unsuccessful attempts to reach an agreement with County Farm tenant Bill Vorhes to allow VeraSun to do soil bearings on the property so they can determine if the ground is feasible to construct an ethanol plant. Endres and VeraSun’s Iowa attorney Andy Anderson of Faegre & Bensen discussed VeraSun’s proposed Indemnification Agreement allowing them access to the property under “reasonable purposes” stated in clause #11 of the lease agreement and indemnifying the County for crop damages and legal fees should Vorhes take legal action. Anderson said VeraSun will put $100,000 in escrow for this purpose. Vorhes attorney, Art Cady from Hobson-Cady Lawfirm in Hampton spoke of his and his client’s position on clause #11. Cady stated that until the crops are harvested, the Board has no right of entry on the lease. Cady stated the two sentences in clause #11 are meant to be read together and for the Board to allow VeraSun to enter the property would not only be a business and policy decision but a legal decision because of trespassing. Ethan Vorhes spoke of pressure from VeraSun and leaders of the community to sign an agreement with VeraSun which he feels is not a reasonable offer to cover what they will get out of the crop. Ethan spoke of his interest and the benefits of a farmer-owned plant but that his father, Bill Vorhes, could still possibly meet with VeraSun after today’s meeting to work something out. Bill Vorhes stated that negotiations are over. Doug Lindaman prepared a handout regarding his analysis of clause #11 which he interprets that the County needs to wait on allowing VeraSun to enter the property. Lindaman also used the chalkboard to compare the pay back to the community from VeraSun verses a farmer-owned plant. County Attorney, Marilyn Dettmer, was asked to address legal issues and her opinion. Dettmer stated there may be issues regarding trespassing where in this situation the tenant would have possessory control and could have intruders removed by Sheriff. Dettmer stated she has two issues: 1) both sides must believe there is potential for litigation or the indemnification agreement wouldn’t have been offered; 2) she cannot ethically advise the Board to breech a contract that could put the county in a litigation situation. Several attendees present spoke in support of VeraSun, the fairness of the offer to Vorhes, the urgency of getting VeraSun on the property, value-added agricultural, concerns of the County being put in a legal situation, and other avenues of getting on the property such as easements or imminent domain. Enabnit made a motion to go into the agreement with VeraSun to proceed with entry on the property. Dunkel stated he cannot support the motion because of the potential of the County getting into a lawsuit. Staudt stated he cannot second because if we pass, he fears VeraSun won’t get on the property any sooner because of problems. Enabnit stated with no second, the motion dies.
Mike Milligan, Zoning Director, stated he has received an application from VeraSun to request a zoning change in the County Farm property from A1 to I2, heavy industry, contingent on the sale of the property. Milligan stated the Zoning Board will meet on September 13 at 9 a.m. Dunkel/Staudt moved to set the Board of Supervisor’s public hearing to rezone the County Farm property to I2 also on September 13 at 10:30 a.m. in the Courtroom. Motion carried 3-0.
Tim Burkhardt requested to be put on the agenda to discuss his concerns regarding a neighbor’s driveways. Burkhardt did not show up for the meeting. County Engineer, Dusten Rolando, was not available for the meeting but provided a letter addressing his position on the issue. Staudt/Dunkel moved to direct the Auditor to send Mr. Burkhardt a letter stating the Board stands behind the County Engineer’s position on this issue. Motion carried 3-0.
Due to the absence of the County Engineer, no discussion took place regarding Secondary Roads activities.
A motion was made by Supervisor Staudt and seconded by Supervisor Dunkel to adjourn. Motion carried 3-0.
ATTEST: _________________________________ ____________________________________
Gloria A. Carr Arlin V. Enabnit, Chairman
Floyd County Auditor Floyd County Board of Supervisors