Meeting Minutes

Floyd County Board of Supervisors Meeting

November 8, 2011, 9:00 AM


The Floyd County Board of Supervisors met for regular session at 9:00 a.m. on Tuesday, November 8, 2011 in the Board Room of the Floyd County Courthouse with the following in attendance:  Chairman Dunkel, Supv. Kamm, and Supv. Kuhn.

The Board moved the meeting to the Court Room. 

Kamm/Kuhn moved to amend the agenda to include review/action regarding an agreement to purchase half of the Rockford dam.  Motion carried 3-0.  Kamm/Kuhn moved to approve the agenda as amended.  Motion carried 3-0. 

Public Comment on Hwy 18/218/27 intersection:  Ron Dugan spoke to the Board about the proposed plans for the new intersection at Floyd, similar to the intersection on Hwy 14, and the negative impact it will have on Duganís Restaurant.  Duganís attorney suggested he contact the Board to see if there is interest in helping Dugan keep access to his restaurant.  Supv Kuhn commented that they want to move ahead with a safety plan at that intersection due to the danger that is possible and obvious and the project will be about five years out.  Supv Kamm commented that the county would assume another 3.43 miles of a frontage road.  Supv Dunkel said a group has met numerous times over the last several years and have discussed the problems with getting into Duganís business from the Avenue.  The Board doesnít have an answer but the next time there is a DOT meeting they will express this concern. 

Public Comment on the proposed Comprehensive Development Plan and Zoning Ordinance:  Chuck Souder provided and summarized the Attorney Generalís opinion that acreage size is not a determining factor on whether a farm is a farm but rather the use of the property and sighted an Illinois case with 4.6 acres that was deemed as agricultural use.  Chris Grenhaugen, Iowa Farm Bureau staff attorney, stated that there cannot be a bright line test; you can use acres as a presumption but that can be disputed or reputed.  Grenhaugen stated that there has not been an appellate court decision on this issue.  Although some counties do have zoning ordinances identifying farm sizes, Souder believes it is in conflict with Iowa Code which exempts agriculture.  Souder also referenced confusion to the publication and a link from an e-mail to the countyís website which references an ordinance with a natural resource and preservation protection section that is not included on the most recent proposed ordinance and believes this is an important section. Souder also mention that page numbering is off by two.  Misty Day, Zoning Assistant, commented that the original proposal did have a section that was removed by the Zoning Commission; Norm Klemesrud, County attorney stated that there are problems once things hit a website and that the section was removed because it was redundant.  Supv Kuhn commented that it seems logical to insert some language in the plan about the importance of farm land and watershed management.  Supv Dunkel said the Zoning Commission and NIACOG have been working on this 116 page revised ordinance for over two years and every meeting has been open to the public with Farm Bureau representatives attending many meetings.  Supv Dunkel stated he personally has problems with agricultural zoning because all tax payers should be required to pay their fair share and many people who are rural residents but are not actively farming are receiving ag tax benefits.  NIACOG assisted in putting together the ordinance, similar to what is in place in other counties, for a cost of $11,400 for the zoning ordinance and the same for the Comprehensive Plan.  Paul Van Ausdall commented that it appears that the Board is against rural businesses as reflected by putting limits on the number of employees they can have and questioned how variances are issued.  Supv Dunkel commented that the number of employees is put in to be fair to others, such as other like-businesses who are paying commercial or industrial tax rates, and provided the example of Tony Bill Trucking where a conditional use permit was no longer sufficient as the business grew.  Erwin Johnson reads the documents as a ďcanít doĒ philosophy and objects to having to get a permit to build a shed; itís anti-entrepreneurial.  Supv Dunkel commented that to get a permit takes five minutes and could be done by mail and if it is for an ag building no fee required.  Johnson also commented about the demographics of the city populations declining and the rural areas growing; maybe that is saying that people donít want to be governed.  Supv Dunkel commented that the Board is not implementing these processes to restrict people but to provide some structure to be fair and do so in an orderly process.  Doug Linderman stated that the Comp Plan references that 93% of the business activity in the rural area is for ag so the board is asking 93% of the people to come in to do something that they havenít had to do and rather than implementing an ordinance with minimum farm acres we should be going to the legislatures about governing this issue.  Supv Dunkel commented he wished the legislatures would take a position on the definition of the farm.  Day explained that the Board of Adjustments hears appeals if the Zoning Administrator does not approve a building permit and then it goes to the court system; zoning changes go to the Zoning Commission and then the Board of Supervisors.  Gordon Boge stated that he does not think the current ordinance needs to be changed, we do not need any more regulations, bad timing of meetings scheduled when farmers were in the field, and that taxes are not the problem but rather spending too much money.  Linderman stated that persons non-compliant with the ordinance are subject to a $500 fine/day and jail.  Further discussion included clarification on when building permits are required. 

Kamm/Kuhn moved to approve minutes for October 24, 25 and 31, 2011 as presented.  Motion carried 3-0.   

Kamm/Kuhn moved to approve the following claims:  County #1170-1288, Secondary Roads #13794-13829, and MH-DD #59422-5942.  Motion carried 3-0. 

The Board discussed the purpose of the Floyd County Comprehensive Development Plan being used as a tool, not a law; it is a template or reference tool that can be changed, a road map with designated areas for orderly growth, should be updated every ten years or so, is fair to everyone across the county, and there has to be a willing seller and a buyer to make anything happen.  Kuhn/Kamm moved to approve Res #34-11 a Resolution of the Adoption of the 2011 Comprehensive Development Plan.  Motion carried 3-0.

The Board discussed the second reading of the Floyd County Zoning Ordinance.  Kamm commented that it may be a little more inconvenience and if a building is for ag purposes, the applicant would not be restricted.  Day commented that the building permit application was developed by the Commission with assistance from Farm Bureau representatives and has been put in place for over a year.  Day also commented that it is very useful to get people in to talk about other purposes such as flood plain and septic systems regulations and requirements.  Kuhn commented that he wants to follow up with minimum requirements of the size of farm and any conflicts with state law.  Supv Dunkel commented that if we take out the size of the acres then it could be difficult to make a case and thinks going from 10 to 15 acres is better nomenclature.  Supv Dunkel also commented that the Board has not tried to sneak anything through on this ordinance; the county has more than done its due diligence in publications and meetings and the Board has been available for people to make comments to them.  Kamm commented that complaints he has heard have come from the rural/farm people asking if the Board can do something thatís happening at their neighbors.  Kuhn/Kamm moved to approve second reading of the Floyd County Zoning Ordinance and set third reading for December 13.  Motion carried 3-0. 

Kamm/Kuhn moved to set the canvass for the City and Special for November 14 at 1 p.m.  Motion carried 3-0.

Kamm/Kuhn moved to advertise to take sealed bids for the sale of a 2004 Chevy Impala and the 2001 Dodge Ram pickup with bids due November 22 at 9 a.m. and opened at 9:15 a.m. Motion carried 3-0.

Kamm/Kuhn moved to approve the offer to buy real estate and acceptance as non-residential between Douglas and Anna Martin and Floyd County for the County to acquire the east half of the Rockford dam at no cost to purchase with the exception of the county covering the cost of the survey.  Motion carried 3-0.  Supv Kuhn thanked Supv Kamm for his work with the new owner of the Mill House. 

Kamm/Kuhn moved to approve an Underground Construction Application from Windstream Communications Inc. to bury cable at new bridge location, Dancer Ave, north of 280th St.  Motion carried 3-0.

Dusten Rolando, County Engineer, provided foremanís minutes and timesheet.  Midway Road is completed and opened.  Rolando is considering a speed limit on the road for the residential area.  T38 is completed with shouldering, rock, and seeding.  Box culvert on 190th is finished.  Underwood PC patching is complete all the way to Niles.  Forms for 215th Ave are held up right now due to the weather.  Crews are blading rock on roads around the county.  Supv Dunkel made Rolando aware that he told Jerry Miller to visit with Rolando about the monitoring of the Green gas station at Rudd.  Rolando reported that the monitoring of the contamination continues through December, funding for monitoring continues from the state, testing results have showed low levels, not sure about PVC pipe considerations, and after December, options to remedy will be considered.  Supv Dunkel would like Rolando to meet with the Rudd City Council after December reports are finished.  Plans were submitted to Chickasaw County for B57 project; expect to let in January.  The lease with the City of Charles City for the 2nd Street property ends Dec 31.

Supv Dunkel excused himself from the meeting.  The Board recessed from the Court Room and reconvened the meeting in the Board Room. 

Jeremy Flood, Northwestern Mutual Life insurance representative, and Rick Miller, Group Benefits Design Corporation consultant, presented information regarding bids for the employee health/dental insurance.  Miller shared information on the history of GBDC and the relationship with NML.  Proposals included a minimum premium proposal, partially funded and fully funded options.  Miller recommends the county go with a minimum premium plan. 

Kuhn/Kamm motioned to adjourn the meeting.  Motion carried 2-0.


ATTEST:  ________________________________             ____________________________________

            Gloria A. Carr                                                           Warren K. Dunkel, Chair

            Floyd County Auditor                                            Floyd County Board of Supervisors


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