Meeting Minutes

Floyd County Board of Supervisors Meeting

November 12, 2013, 9:00 AM


The Floyd County Board of Supervisors met in the Board Room of the Floyd County Courthouse with the following in attendance:  Supv Kuhn, Chair, Supv Schwickerath and Supv Kamm. 

Kamm/Schwickerath moved to approve the agenda as presented.  Motion carried 3-0.

Public comment:  none

               Schwickerath/Kamm moved to approve the Oct 21, 22 and November 4, 2013 minutes as presented.  Motion carried 3-0.

Kamm/Schwickerath moved to approve the following claims:  County #1292-1536, Secondary Roads #15482-15528 and Drain #40-44.  Motion carried 3-0.

Schwickerath/Kamm moved to approve the applications and cancellations for Family Farm Tax Credits as proposed by the County Assessor for 2013.  Motion carried 3-0.

Kamm/Schwickerath moved to abate the second half taxes totaling $148 on Mobile Home Tax Receipts #2013/2014-60-00005-01 and 2013/2014-60-00020-01 due to the fact that the mobile homes have been moved from the county.  Motion carried 3-0.

Kuhn/Kamm moved to approve the Courthouse Emergency and Evacuation Plan.  Motion carried 3-0.

The Board discussed whether or not to allow coverage of domestic partner relationships on the county’s health and dental plans.  Supv Kuhn read the State’s Domestic Partnership Affidavit and commented that the terms of the affidavit are by no means just a casual living relationship that is easy to get out of.  Clifford Kelly made an observation that when a married couple is divorced, the event becomes a public record but in the event of a termination of a domestic partner relationship, the county can only rely on the integrity of an employee to notify the county of the termination, and be subject to fraud charges.  Supv Kamm commented that the county is not making a social statement if they allow domestic partnership coverage but just a policy change for coverage.  Supv Kuhn stated that the Affordable Healthcare fees per member covered is $14.89 per month for health insurance coverage which can be passed on to the employees across the Board.  The Auditor reported that 16 of 21 counties do not cover domestic partners.  Supv Kuhn believes for the specific person who has requested the coverage, the county would not want to exclude the mother of the employee’s two children from benefits.  Supv Kamm commented that it is hard to hire good employees and believes the current employee requesting the coverage will be a good employee for the county.  Supv Schwickerath believes that since the law does not require coverage and in Iowa anyone can be covered on the plan if they want to go through the procedure of marriage, opposite sex or same sex, and this does change the benefits in employees for more than just one person.  Kelly commented that a more appropriate time to consider this coverage for an employee in a bargaining unit may be at the time of the next contract negotiation period because this is an ongoing permanent cost increase unless it is later revoked so the cost can be controlled through the budgeting process.  The Auditor cautioned that since we are at the cusp of health care reform, not knowing what will happen in the next few years, we know this causes an increased exposure to claims at this time.  Schwickerath moved to not extend health/dental coverage to domestic partners at this time.  The motion died for lack of a second.  Supv Kuhn read proposed Resolution #33-13.  Kamm/Kamm moved to approve Res 33-13.  The Auditor informed the Board that under the Domestic Partner Affidavit, Acknowledgements #1, reads that COBRA rights are not extended to domestic partners in the event of a termination, contrary to the county resolution that reads the coverage is the same as in the event of a dissolution of marriage.  The Board tabled the resolution and recessed at 9:42 a.m. for Supv Kuhn to take this up with the County Attorney.   The Board reconvened at 9:58 a.m. Supv Kuhn read the amended resolution.  The Auditor commented that the two documents are still contradictory because the resolution still allows COBRA for children of the employee’s domestic partner but if the children are not the employee’s children, the affidavit language does not extend the coverage to the children.  Supv Kuhn suggested removing the third paragraph in the resolution and adopt the affidavit.  Norm Klemesrud, County Attorney, stated that if an employee completes the affidavit and provides supporting documentation, under Iowa law they are about three-fourths of the way to establishing a common law marriage which to dissolve may actually require a divorce so if they are willing to go that far, there may be complications in the future for them.  Klemesrud excused himself to revise the resolution again and returned at 10:10 a.m. at which time Supv Kuhn read the second amended document.  Kamm/Schwickerath moved to set aside the motion to approve the original Res #33-13.  Motion carried 3-0.  Kamm/Kuhn moved to approve Res #33-13 with the deletion of third paragraph: Be it resolved effective the 1st day of January, 2014 all Floyd County employees in Domestic Partnerships, who meet the criteria, who execute the Floyd County Affidavit of Domestic Partnership with appropriate documentation as required by the affidavit shall be eligible for full family health and dental benefits provided by the county to married persons.  The affidavit form shall be in the form utilized by the State of Iowa as modified by the County and shall utilize the same criteria as the State of Iowa uses.  Adopted this 12th day of November, 2013.  Motion carried 2-1 with Supv Schwickerath voting against. 

Kamm/Kuhn moved to approve the Affidavit of Domestic Partnership criteria as provided by the Iowa Department of Administrative Services.  Motion carried 2-1 with Supv Schwickerath voting against.  Supv Schwickerath questioned several references on the form to the State of Iowa that he thought should be changed to Floyd County.   

Kamm/Schwickerath moved to reappoint Kalen Schlader and appoint Virginia Ruzicka to the Elected Official Compensation Board for a 4-year term ending June 30, 2017.  Motion carried 3-0.

At 10:23 the Board opened the public hearing regarding vacating 165th St east of Red Ball Road in S20-T96-R18.  The Auditor reported that she received one phone call but the caller expressed no concerns after learning about the area to be vacated.  Dusten Rolando, County Engineer, provided photos of the area to be closed and stated that Mark Eaton, property owner of land on both sides of the dead end road, has been maintaining the area.  Notifications and publications were provided as required by law.  Schwickerath/Kamm moved to close the hearing at 10:25 a.m.  Motion carried 3-0.  Kamm/Schwickerath moved to approve Res #34-13:  Vacation of Road and Order Thereof - Whereas, the Board of Supervisors, has received a petition by an adjacent landowner requesting that a portion of a 66.00 foot wide secondary road through the Southeast One-Quarter (SE ¼) of Section Twenty (20), Township Ninety-Six North (T-96N), Range Eighteen West (R-18W) of the Fifth Principal Meridian (5th P.M.), in Rock Grove Township, Floyd County, Iowa, more particularly described as:  Commencing at the Northwest Corner of the Southeast One-Quarter (SE ¼) of Section Twenty (20), Township Ninety-Six North (T-96N), Range Eighteen West (R-18W), of the Fifth Principal Meridian (5th P.M.), Floyd County, Iowa; thence North 86°19’00” East 33 feet to the point of beginning thence continuing North 86°19’00” East approximately 252 feet to the end of existing dead end road also known as 165th St. Whereas, the Board of Supervisors did cause to be published a notice of the proposed vacation of said road in the Charles City Press pursuant to Section 306.12, 2011 Code of Iowa, as amended and proof of publication of said notice is on file in the Office of the Floyd County Auditor, and, Whereas, notification by certified mail was sent to the following adjacent property owners: Mark Eaton, Alliant Energy, Omni Tel Comm., and Iowa Dept. of Transportation, and Whereas, said part of present right of way is no longer necessary or required for use by the public for highway purposes and will not hereafter be required for construction or maintenance purposes for any highway, Now, therefore, be it resolved by the Board of Supervisors of Floyd County, Iowa, that the portion of a 66.00 foot wide road described as: Commencing at the Northwest Corner of the Southeast One-Quarter (SE ¼) of Section Twenty (20), Township Ninety-Six North (T-96N), Range Eighteen West (R-18W), of the Fifth Principal Meridian (5th P.M.), Floyd County, Iowa; thence North 86°19’00” East 33 feet to the point of beginning thence continuing North 86°19’00” East approximately 252 feet to the end of existing dead end road also known as 165th St. Be it further resolved by Floyd County that said part of present right of way herein described, together with any and all rights of Floyd County in and to the same are hereby vacated, and Floyd County hereby disclaims any right, title or interest in and to said part of present right of way or to the use thereof for any purposed whatsoever, and now, therefore, be it further resolved that said orders shall be entered in the county road records and a copy of such order shall be filed with the County Auditor and the Iowa Department of Transportation.  Motion carried 3-0. 

Rolando and the Board discussed closing the bridge located on 170th St and Walnut Ave.  Rolando shared information about the original pony truss bridge being built in 1900, reconstructed in 1962 and small remedies have been done over the years.  A Calhoun-Byrnes report following the recent floods states that damage to the piles, along with the deterioration of the ages of the piles, and the very light fracture critical truss members have made the bridge a significant risk to the county.  Fracture critical truss members can fail without warning causing the bridge to collapse.  The firm recommends closing the bridge to all traffic including pedestrians, bicycles, horses and small vehicles.   Rolando concurs with the recommendation to close the road and he would remove the bridge like he has other bridges like this in the county.  In response to Jody Osier’s question of the cost to replace the bridge, Rolando stated it would be a minimum of $1.5 million and had drawing of three options considered to replace and reroute the bridge and road.  Chuck Franke, James Martin, Kelly and Osier all questioned why this has just come up; Rolando said he has talked about this structure with the Board several times over the last twelve years, including during the annual 5-year plan reviews and the erection of bridge weight limit signs.  Osier expressed concern about volunteer emergency responder’s travel time to drive around to the place with an emergency.  Kelly mentioned concerns of further travel of Mennonite children to the new school.  Franke questioned the condition of the next bridge downstream.  Rolando said he would have info in his office on that bridge.  At the request of Franke’s inquiry to purchase the bridge, Rolando said he will check in to it but he would still need to barricade the bridge due to liability and would like to remove a portion of the deck, and if the bridge was sold, it would be very unlikely to ever replace it.  Martin inquired about putting in little water crossings; Rolando responded that he has done that in a couple of places in Chickasaw County but they are on small creeks and this is a river.  Many bridges have weight restrictions and prioritizing funding is a concern.  Roads can be funded with 20% local funds and 80% in BR funds.  The match on a structure this big would at least $1.2 million from BR funds and the county only gets $170,000 per year.  Counties cannot be spend ahead more than five years but if the county did just this bridge it would take away letting on other bridges in the plan and we would not likely be able to do any other bridges in the county for at least two years.  Schwickerath/Kamm moved to close the bridge located on 170th St and Walnut Ave and direct the county engineer to explore options including repair, replacement and selling the bridge and road.  Motion carried 3-0. 

Schwickerath/Kamm moved to accept the resignation of Vic Beine effective December 13 and Rick Frascht effective January 31.  Motion carried 3-0.

Engineer’s report:   Rolando provided Foreman’s notes and his timesheet.  Plows were out yesterday for a few hours on hard surface roads.  Kurt Messier’s driveway on Echo Ave was finished; visited with Larry Muff on that project.  Crews started work on 110th St, west of T38 for a box culvert project.  Staff is wrapping up paperwork on Underwood Ave patching, Draeger’s bridge/road location and right of ways on Holly Ave bridge replacement.  Crews are wrapping up work orders on tile crossings, culvert work, and other projects before winter hits.  Rolando and the Board discussed the placement of a permanent stop sign at the corner east of the gas station by the high school for west bound traffic and the requestor will be going to the Rockford City Council for east bound traffic.  Rolando has been working with the City of Nora Springs on plans for their culvert project.  Tentatively, at the November 26 meeting the board will set a date to hold a public hearing on December 10 to open bids for the removal of the dam with the project being completed by April 30.  Supv Kuhn commented that recommendations for road funding sources were discussed at yesterday’s NIACOG meeting. 

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


ATTEST:  ________________________________________            _________________________________

           Gloria A. Carr                                                      Mark A. Kuhn, Chair

            Floyd County Auditor Floyd County Board of Superviso


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