Meeting Minutes

Floyd County Board of Supervisors Meeting

October 25, 2011, 9:00 AM


The Floyd County Board of Supervisors met for regular session at 9:00 a.m. on Tuesday, October 25, 2011 in the Board Room of the Floyd County Courthouse with the following in attendance:  Chairman Dunkel, Supv. Kamm, and Supv. Kuhn.

Kuhn/Kamm moved to amend the agenda to include review/action regarding a letter to the editor supporting the local option sales tax.  Motion carried 3-0.  Kamm/Kuhn moved to approve the agenda as amended.  Motion carried 3-0. 

Public Comment:  Dennis White spoke to the Board about the Veteran’s Memorial concept that was originally inspired by a dream about his deceased uncle, Stanley White.  The original plan had four obelisks in the center of the memorial that were never put in but still could be put in without needing to expand outside of the design that exists today.  White is upset that the Board approved the expansion design on October 17.  White met with the Patriotic Committee about his concerns last Friday and was not satisfied with the responses received as to why they would not consider putting the obelisks in the middle.  The Board commented on their appreciation for his views and his passion for the memorial and veterans and let him know that he was heard by the Board.

Kamm/Kuhn moved to approve minutes for October 10, 11, and 17, 2011 as presented.  Motion carried 3-0.   

Norm Klemesrud, County Attorney, and the Board spoke about a current claim to Mercy Clinics and a past pathology referrals that were waived for the county.  Klemesrud will follow up with a letter to Mercy inquiring about their charges.  Supv Dunkel also discussed cost of pesticide training for Secondary Roads and eliminating some subscriptions to the Charles City Press.  Kamm/Kuhn moved to approve the following claims:  County #999-, Secondary Roads #13771-, and MH-DD #59415- and Drain #9, with the exception of only paying $242.60 on claim #1160 to Mercy Clinic.  Motion carried 3-0. 

The public hearing regarding Ordinance #2011-1 Amended – An Ordinance Establishing the Voting Precincts of Floyd County opened at 10:30 a.m.  The Auditor received no written or oral comments in support of or opposition to the amendment.  The Auditor explained the purpose of the amendment was to include a census block identified as a portion of the incorporated City of Greene lying with Union Township that needs to be included in our ordinance.  The hearing closed at 10:33 a.m.  Kamm/Kuhn moved to approve the first reading of Ordinance #2011-1 Amended–An Ordinance Establishing the Voting Precincts of Floyd County.  Motion carried 3-0.  Kuhn/Kamm moved to waive the second and third readings of Ordinance #2011-1 Amended–An Ordinance Establishing the Voting Precincts of Floyd County and adopt the ordinance as final.  Motion carried 3-0. 

The Board opened two bids, one from Advance Environmental and one from Active Thermal Concepts for the asbestos abatement of the two flooded homes.  Kuhn/Kamm moved to approve Resolution #33-11 Asbestos Abatement for Floyd County Flooded Homes with the acceptance of the low bid from Active Thermal Concepts for $6,290 subject to the Auditor’s more specific and thorough review of the bids.  Motion carried 3-0.

At 9:40 a.m. the Board opened a public hearing regarding the disposition of six Floyd County-owned properties in and near Rockford.  The Auditor reviewed the properties as:  #1) the S 50’ lying W of the railroad in the NWNW of 14-95-18 with interest in the parcel from the City of Rockford; #2) That portion of Lt 1 including 50’lying E of the railroad and W of the Shell Rock River in the NWNW of 14-95-18 with a letter of interest from Joel Yunek, attorney representing Markley and Katharine Biggs; #3) The S 50’ lying E of the Shell Rock River in the NWNW of 14-95-18 with no response after contacting the adjacent property owner to the south of the parcel; #4) The W˝) Lot No. 1 of the N˝ of the N˝ of 15-95-18 also known as all that part of the NWNE of 15-95-18 lying S of Lime Creek and E of a line drawn N from a point commencing 20 rods E of the NE corner of SENW of section 15 with a letter of interest from Mary Kloberdanz; #5) Block Lettered “A” in the Original Plat of the Incorporated Town of Rockford, Iowa with interest from the City of Rockford; and #6) The E 1’ Lt 9 Blk 5 of the Original Plat in the Town of Rockford with a letter of interest from Robert Fischer, Fischer Auto.  Supv Kamm suggested the County retain property #3 for access to the east side of the river for the dam project or it or quite possibly could be converted to a future boat/canoe landing area.  The hearing closed at 9:43 a.m.  Kamm/Kuhn moved to direct the County Attorney to prepare a deed conveying property #1 to the City of Rockford.  Motion carried 3-0.  Kamm/Kuhn moved to direct the County Attorney to prepare a deed conveying property #2 to Markley and Katharine Biggs.  Motion carried 3-0.  Kuhn/Kamm moved to take no action regarding the disposition of parcel #3.  Motion carried 3-0.  Kamm/Kuhn moved to direct the County Attorney do prepare a deed conveying property #4 to Mary Kloberdanz.  Motion carried 3-0.  Kuhn/Kamm moved to direct the County Attorney to prepare a deed conveying property #5 to the City of Rockford.  Motion carried 3-0.  Kuhn/Kamm moved to direct the County Attorney to prepare a deed conveying property #6 to Fischer Chevrolet and Implement.  Motion carried 3-0.

A public hearing regarding the Floyd County Comprehensive Plan opened at 9:49 a.m.  The Auditor received no written or oral comments in support of or opposition to the plan prior to the meeting.  Supv Dunkel commented that the Board has been provided and read the minutes from the Zoning Commission hearing.  Chuck Souder commented on not knowing that there was a comprehensive plan until attending the Zoning Commission hearing a couple of weeks ago.  On behalf of Farm Bureau, Souder questioned why the county would dedicate high CSR ground for proposed residential purposes when there have been declining census populations, why current numbers are not calculated in the analysis and why the plan doesn’t make reference to the reverse in population trends.  Souder also questioned references to the size of farms, the plan identifies small farms as residential, possibly due to the 10-15 acre threshold change, and mentioned that farms, no matter the size, are not subject to regulation.  Souder believes the plan correctly acknowledges maintaining good roads for all areas.  Souder also questioned survey responses regarding adequacy of recreational areas and questioned why we would take more well-suited ag production property and convert it to habitat, recreational, hunting, fishing, camping areas and using tax payers money to purchase property and then that property comes off the tax rolls.  Frank Rottinghaus questioned the 2010 census numbers not being updated in the plan, school district names not updated, brief reference to administration but lengthy reference to law enforcement services, specifically about the efforts against meth, which may be out of place.  Randy Heitz commented about Zoning Commission membership changes and if the information is the most relevant for the future if it reflects 10 years out of date information.  Supv commented that the plan is a road map that with respect to farm ground requires a willing buyer and a seller.  The Plan was put together by NIACOG and the Zoning Commission.  Tom Schwab, Zoning Commission, commented that the plan was approved by the Commission last month and that it is intended to be a mission statement and guide that is not looked to for specifics but for guidance.  Joe Myhre, NIACOG representative, explained that the commission completed the plan last fall when 2010 numbers were not available and that the Supervisor elected to postpone the plan until the zoning ordinance was done.  The hearing closed at 10:03 a.m.  Supv Kuhn suggested Souder provided his notes of what he believes are deficiencies and Iowa Code references for Board consideration at a future meeting.  Duane Koch, Zoning Commissioner, asked why the Board would delay action.  Schwab said after reviewing Farm Bureau’s issues the County Attorney did not see value in visiting with their Attorney and feels the process has been very transparent to the public with the information available online, the required publication notices, and the 300 surveys polled in a cross section of the county.   Myhre explained that the NIACOG can make proposed changes and that the plan does not go through the same reading process as an ordinance but should be approved before the zoning ordinance is approved.  Kuhn/Kamm moved to set a date for November 8 for review/action to modify the Floyd County Comprehensive plan with updates to the school district and 2010 census information and to have Farm Bureau get info to the Supervisors and NIACOG for review.  Motion carried 3-0.

The public hearing for the amendment to the Zoning Ordinance opened at 10:18 a.m.  The Auditor reported there were no specific written or oral comments made about the ordinance.  Chuck Souder provided a letter to the Board which was the same letter provided to the Zoning Commission regarding conflicts of language in the ordinance that are not in concert with the state code.  The letter references Attorney General’s opinions on farm house and out buildings and provides suggested definitions.  Randy Heitz commented about Iowa Code 335.2, farm exemption status, ag land preservation and if the county adopts the ordinance that no ordinance can apply to this chapter of the Code.  Supv Dunkel commented about the political process, problems with hog confinements and that Farm Bureau has gone at odds to not allow better regulation of what, in his opinion, commercial operations with hog confinements.  Supv Dunkel supports the family farm but has heard so many complaints from citizens of Niles and Cedar Townships about the hog confinements and the legislatures refuse to address the issue.  Dunkel continued about the Zoning Commission considering what is right for all citizens and that if the ordinance is passed and something is against the Code that the powers that be can go to the legal system for recourse.  Tom Schwab, Zoning Commission chair, recommends passing the ordinance as presented and commented on the transparency of the work on this plan with many, many meetings.  Schwab commented that the County Attorney has reviewed the ordinance and the commission spent lots of time reviewing Farm Bureau’s issues.   The hearing closed at 10:27 a.m.  Kamm/Kuhn moved to approve the first reading of the Zoning Ordinance and set a second reading for November 8.  Motion carried 3-0.  Schwab acknowledged Joe Myhre, NIACOG, for NIACOG’s research and work on the ordinance. 

Supv Dunkel questioned Dusty Rolando, County Engineer, about the need to have every Secondary Road employee go through pesticide training.  Rolando will keep that in mind as he is working on streamlining efforts for budgeting.

Kamm/Kuhn moved to approve an application for Underground Construction for Century Link to replace buried cable at 3095 240th St. Motion carried 3-0.

Rolando updated the Board on various projects.  The T38 rock shouldering project was completed with the exception of some seeding work which is scheduled for Monday.  The company will have some liquidation damages due to untimeliness of starting and finishing the job.  The same crew will be doing shouldering on the Midway Road project starting today rather than moving to a job in Minnesota and coming back at a later date.  Pavement markings are scheduled to be painted on Saturday and the guardrail work will start on Monday.  Secondary Roads crews will finish up with seeding and a little concrete work on a driveway.  Last Thursday, DeBoest Concrete started work on five patching jobs on Underwood.  Next week DeBoest will move to 215th Ave which includes closing a short stretch for a short time period.  Crews tore out a bridge west of Willow St. It will be closed until Thanksgiving to put a box culvert in.  Final plans for B57 paving have been submitted to the DOT and bidding the project in January.  Staff is working on a bias program file which is transferred to the state.  The Board and Rolando discussed frontage roads for the DOT project at Floyd intersection.  Dust control is an issue in the rural areas.

Rolando will work on something for the newspapers supporting the Local Option Sales and Service Tax.  Kamm/Kuhn moved to approve a letter from the Board of Supervisors to the local newspapers about the LOSST.

Kuhn /Kamm motioned to adjourn the meeting.  Motion carried 3-0.


ATTEST:  ________________________________             ____________________________________

            Gloria A. Carr                                                           Warren K. Dunkel, Chair

            Floyd County Auditor                                            Floyd County Board of Supervisors


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