Meeting Minutes

Floyd County Board of Supervisors Meeting

March 23, 2010, 9:00 AM


The Floyd County Board of Supervisors met for regular session at 9:00 a.m. on Tuesday, March 23, 2010 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 March 8, 9, and 15, 2010 minutes.  Motion carried 3-0.

Enabnit/Staudt moved to approve the following claims:  County #2629-2791, Secondary Roads #12379-12399, and MH-DD #58979-59016.  Motion carried 3-0. 

Gail Arjes, Public Health/Home Health Care Director, presented FY10 performance measure for the FY10 Local Public Health Services Contract incentive.  Staudt/Enabnit moved to approve the performance measures for the FY10 LPHSC incentive.  Motion carried 3-0.  Enabnit/Staudt moved to approve the application of FY11 LPHSC funding for nursing services, home care aide services and public health services.  Motion carried 3-0. 

Staudt/Enabnit moved to increase the fee from $125 to $150 for applications for Board of Adjustments and Zoning Commission hearings.  Motion carried 3-0. 

Enabnit/Staudt moved to have the first reading and set a public hearing date for April 13, 2010 at 9:30 a.m. regarding an ordinance of alcoholic beverages by underage individuals.  Motion carried 3-0.

Staudt/Enabnit moved to transfer $14,829 from the Mental Health Fund to the General Basic Fund.  Motion carried 3-0. 

Enabnit/Staudt moved to set a public hearing date for April 13, 2010 at 9:15 a.m. regarding amending the Floyd County FY10 Budget.  Motion carried 3-0.

Staudt/Enabnit moved to approve the 457b agreement between the County and Northwestern Mutual.  Motion carried 3-0. 

Enabnit/Staudt moved to void warrant #7785/audit #43841 issued to Encartele on June 23, 2009.  Motion carried 3-0.

The Board reviewed applications for recreational lake, forest cover, rivers and streams, river and stream bans and open prairies, property tax exemptions (Slough Bill).  Bruce Hovden, County Assessor, will review information for the Board to consider next year.  Staudt/Enabnit moved to approve the Slough Bill applications as presented by the Assessor.  Motion carried 3-0.

The public hearing for receiving bids on three urban renewal projects opened at 10:10 a.m. For project #5, nine miles on Shadow Avenue, Mathe came in at $1,676,975.85 and Heartland came in at $1,676,102.36.  For Project #6, 2.8 miles on Old Highway Road, Mathe bid $686,226.30 and Heartland bid $753,030.72.  For Project #7, ¾ miles on Triumph Avenue, Allied-Mannets bid $614,852.72 and CFI bid $649,094.96.  Dunkel/Enabnit motioned to close the public hearing at 10:25 a.m.  Motion carried 3-0.  The Engineer’s office will recalculate the bids that are close to verify the totals are correct.  Enabnit/Staudt motioned to approve the low bids as recommended by the County Engineer.  Motion carried 3-0. 

The Board noted the receipt of a letter from Samuel Anderson, attorney with Swisher & Cohrt, PLC, regarding the lawsuit for Drainage District #2.  Brent Johnson, P.E. with McClure Engineering, who previously recommended redoing the cement outlet visited the site of the newly constructed outlet in November 2009 and has now come to the conclusion that his once “good” option is now not adequate for the drainage district #2 tile system and that the periodic overflow at the outlet structure damages downstream landowners.  Last fall the drainage district owners procured the newly constructed outlet based on Johnson’s recommendations at that time.  Johnson now suspects that to enlarge the structure would be prohibitive due to Clean Water Regulations and laws and that the only logical means to provide an adequate outlet is to extend properly sized tile to an adequate natural surface outlet such as a reek or river.  John Duffy, Attorney for Bill Vorhes, has had this information since December 2009 but did not forward the information to Anderson until March 18 which was an oversight because of Duffy’s heath issues and inability to contact his client until recently.  Anderson will file a motion to continue the April hearing due to insufficient time to respond to this recently received information.  Anderson would like Dusten Rolando, County Engineer, to contact him to discuss tiling records and hiring and independent water flow engineer.  Discussion included annexing Vorhes’ and Gerhard’s property in the drainage district, estimated cost to tile to the Shell Rock River, and who is responsible for covering cost of hiring an engineer, the drainage district or the county and if insurance would cover the costs since it came about from the lawsuit. 

Staudt/Enabnit moved to approve Resolution #12-10 regarding the designation of a five ton per axle gross weight limit effective when signs are erected and in effect until signs are removed starting at the south edge of the right of way line of the Avenue of Saints (Quarry Rd/T44) near the center of Sec 21, T96N, R16W south approximately 8,048 feet south to a point 3,225 feet north of the center of Sec 33, T96N R16W.  Motion carried 3-0.

Enabnit/Staudt moved to approve the Secondary Roads Department Summer wages for 2010.  Motion carried 3-0.

Staudt/Enabnit moved to approve the Iowa Department of Transportation agreement for use of local agency roads as detours, specifically Hwy 14 bridge project to use B60 and Packard as detour.  Motion carried 3-0. 

Rolando provided foreman’s minutes.  Work has begun on the road to the Catt House.  Three pickups were purchased at the IDOT sale.  Discussion included disposing of the old pickups locally or at the next DOT sale.  Box culvert and bridge projects were discussed.  Calvin is taking bids on a skid loader.  Rolando requested that calls with road issues, such as frost boils, be directed to him.  The 240th Street project was discussed.  Supv Dunkel inquired about embargoing Packard and Ocean Ave north of Hwy 14. 

The Auditor provided a draft of a letter regarding yesterday’s Board motion to request Jesse Marzen to pay back overpaid wages.  Discussion included rescinding yesterday’s motion allowing Marzen’s pay through March 24 to stay as is, adjustments that would need to be made to IPERS, FICA and unemployment if Marzen does pay the county back, today’s claim for hiring a private attorney for legal services related to the County Attorney’s office and considerations with the April 5 hearing to determine if a vacancy exists.  Staudt/Enabnit moved to proceed with sending the letter to Marzen requesting he reimburse the County $1,065.88 in wages and benefits for three days.  Motion carried 3-0. 

Future agenda item:  Attorney to assist with drainage district reassessments.

A motion was made by Supervisor Staudt and seconded by Supervisor Enabnit to adjourn.  Motion carried 3-0.


ATTEST:  _________________________________             ____________________________________

            Gloria A. Carr                                                            Warren K. Dunkel, Chair

            Floyd County Auditor                                            Floyd County Board of Supervisors


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