Meeting Minutes

Floyd County Board of Supervisors Meeting

March 22, 2010, 9:00 AM


The Floyd County Board of Supervisors met for special session at 9:00 a.m. on Monday, March 22, 2010 in the Board Room of the Floyd County Courthouse with the following in attendance:  Chairman Dunkel, Supv. Enabnit, and Supv. Staudt.

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

Jeff Sherman, Zoning/E911 Addressing/Sanitarian Director, requested that Board of Adjustments and Zoning Commission hearing fees be increased from $125 to $150 to cover board member’s per diem and mileage.  This will be acted on at tomorrow’s meeting. 

Following last Friday’s Iowa Supreme Court ruling regarding the six month suspension of County Attorney Jesse Marzen’s license to practice law and on the advice of attorney Beth Hansen, the Board discussed the Iowa Code Chapter 69.2.2 process to determine whether a vacancy in the County Attorney’s office exists.  The Auditor provided Chapter 69 and a handout summarizing Chapter 69 with a potential timeline for a newspaper publication and a certified letter to Marzen regarding a public hearing, the process for making an appointment to fill a vacancy if the Board determines a vacancy in the office exists or if Marzen’s resignation is received, and requirements if a special election were called.  Discussion included how to continue the operations of the office, including making an appointment of a special prosecutor rather than a county attorney at this time and pay for that position, and that Marzen’s last pay check covered his salary through March 24 and how to handle payroll with respect to not having a resignation and not being able to determine if a vacancy exists until after a hearing.  Enabnit/Staudt moved to appoint Normand Klemesrud as a temporary special prosecutor at his current wage until the status of the County Attorney’s office is resolved and an appointment can be made.  Motion carried 3-0.  Staudt/Enabnit moved to set a Public Hearing on April 5 at 9:30 a.m. in regard to whether a vacancy exists and to send notices accordingly.  Motion carried 3-0.  Supv Enabnit moved to stop Marzen’s pay as of March 24 but the motion failed for lack of a second.  Staudt/Dunkel moved to suspend pay as of March 19, due to lack of Jesse Marzen not having a license to practice law and to ask Marzen to pay back three days of his salary.  Motion carried 2-1 with Supv Enabnit opposed.

Kasey Wadding, Bremer County Attorney, presented information regarding a potential sharing opportunity for the County Attorney position through a 28E agreement.  A sample budget, Chapters 331.751 to 331-753 of the Iowa Code and a sample 28E agreement were provided.  Wadding proposes one County Attorney position shared between the two counties with one Assistant County attorney at each location.  Discussion included residency requirements, concerns of an already slowed judicial system, timing of putting a 28E in place, and other options such as Floyd County going to a part-time County Attorney position that would allow an attorney to continue their private practice.

Jeff Sherman, Zoning/E911 Addressing/Sanitarian Director, provided the results of a survey from NIACOG which is part of the process for rewriting the County’s Zoning Ordinance.  The Board will review the information and contact NIACOG or discuss the information at a future meeting if deemed necessary.

Pastor Mike Downey, Shelley Smith and Jill Streich, FOCUS representatives, presented a Minor Consumption Ordinance proposal.  Discussion included health issues of underage drinking, the ordinance providing support for law enforcement to address minor drinking issues, and reworking sections 9 and 10 of the proposed ordinance to clarify penalties.  If a revised proposal is presented by tomorrow’s meeting, the Board will act on setting a hearing and publishing the proposed ordinance.

Jeremy Flood, Northwestern Mutual Financial Network Financial Representative, presented 457b deferred compensation plan information and his intentions of offering a variable annuity with a death benefit option.  The Board will act on the agreement at tomorrow’s regular meeting.  Flood’s proposed letter will be sent with employee pay checks along with a note from the Auditor stating that the Board has approved Northwestern Mutual as a provider for County deferred comp plans. 


Future agenda items:  1) clarification of zoning changes related to hearings, 2) Supv Dunkel may be meeting with Tom Brownlow, Charles City City Administrator and the Charles City City Counsel regarding sandbags for public infrastructure and public use.

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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