Floyd County Board
of Supervisors Meeting
April 8, 2014, 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 Schwickerath, Chair, Supv Kamm and Supv Kuhn.
Kamm/Kuhn moved to approve the agenda as presented. Motion carried 3-0.
Public comment: none
Kamm/Kuhn moved to approve March 24, 25 and 31, 2014 minutes as
presented. Motion carried 2-0.
Kamm/Kuhn moved to approve
the following claims: County #2933-3070 and
Secondary Roads #15803-15834. Motion
Kamm/Kuhn moved to approve the Roth Contribution
Amendment to the Deferred Compensation Plan for Public Employees, 457
Governmental Plan and Trust with Nationwide Retirement Solutions and authorize
the Auditor to sign the document. Motion
Schwickerath/Kamm moved to approve the Option
Selection Form, Investment Fiduciary Service Agreement, Termination of
Nationwide Fixed Annuity Contract, Nationwide Fixed Contract Application, and
the Mapping Spreadsheet and authorize the Auditor to sign the documents. Motion
Kuhn/Kamm moved to appoint Robert Mondt to the Veteran
Affairs Commission for a term ending June 30, 2017. Motion carried 3-0.
Kuhn/Kamm moved to designate the two walls to the
right of the stairwell on the ground floor entrance to the courthouse as the
official bulletin board to post agendas for various board and commission
meetings, including but not limited to, Board of Supervisors, Board of Health,
Conservation, Veteran Affairs, Zoning, Board of Adjustment, Conference Board,
Emergency Management, E911, Communications, County Social Services, SW Bypass
TIF, and Townships; notices are to be posted in accordance with Iowa Code
Chapter 22 with at least a 24-hour notice with the exception of emergency
meetings; a letter will be sent to the person in charge of posting agendas for
each board or commission requesting them to provide the auditorís office with
their respective meeting agenda at least 48 hours in advance of their meeting
so it can be posted timely. Motion
carried 3-0. If boards/commissions want
to continue to post their agendas in their normal and usual locations as they
have been doing, they should continue to do so; the courthouse bulletin board
would simply be another place to post.
Kuhn/Kamm moved to approve the Professional Services
Proposal (Amendment) for the Preliminary Design Phase of the Beaver Creek
Watershed to include a fourth project.
Motion carried 3-0.
Kamm/Kuhn moved to approve the hiring of Josh Munson
& Cole Schlader for Secondary Roads Summer help. Motion carried 3-0
Kamm/Kuhn motioned to open the hearing for precast box
culvert project. Motion carried
3-0. The hearing opened at 9:30
a.m. The Auditor reported that there
were no written or oral comments received prior to the meeting. No comments were made during the hearing
other than there were three bids received.
Kuhn/Kamm motioned to close the hearing at 9:31 p.m. Motion carried 3-0. The three bids were opened: 1) Peterson Contractors, Inc. for $127,000;
2) Taylor Construction for $124,800; 3) Minnowa Construction for $119,900. Kamm/Kuhn moved to approve the bid from
Minnowa for $119,900, pending review of specifications by the County Engineer,
and authorize the chair to sign agreements when they become available. Motion carried 3-0.
Kuhn/Kamm moved to open the hearing for the FY14
County Budget Amendment. Motion carried
3-0. The hearing opened at 9:40
a.m. The Auditor reported that there
were no written or oral comments received prior to the hearing. There were no comments made during the
hearing. Kamm/Kuhn moved to close the hearing. Motion carried 3-0. Kamm/Kuhn moved to approve the FY14 County
Budget Amendment. Motion carried 3-0.
Kuhn/Kamm moved to approve Res #12-14 Budget Amendment
Appropriations: Whereas, Floyd County
has several departmental budgets in need of adjustment since the previously
certified or amended county budget for FY14; Whereas, the Floyd County Board of
Supervisors timely published notice and held a public hearing on April 8, 2014
to amended the FY14 County budget; Therefore, be it resolved by the Floyd
County Board of Supervisors that county departmental budget appropriations for
FY14 be adjusted as follows: Revenues -
Engineer $50,045 decrease, Conservation $56,536 increase, General Services
$30,570 increase, Watershed $148,397 increase, Mental Health $75,000 increase,
Conservation Capital Projects $282,117 increase, and Non-Departmental $1,417 increase,
totaling $543,992 change. Expenses: Treasurer $2,500 increase, Engineer $45,000 decrease,
Conservation $99,100 increase, General Services $25,485 increase, Zoning
$13,267 increase, Safety $6,816 increase, Watershed $148,397 increase,
Conservation Capital Projects $92,600 increase, and Non-Departmental $1,500
increase, totaling $344,665 change.
Motion carried 3-0.
Kamm/Kuhn moved to approve Res #13-14 Interfund
Operating Transfer: Whereas, the Floyd County Board of Supervisors amended the
FY14 budget to transfer a total of $316,600 from the General Basic
Fund/Conservation Department to the Conservation Capital Projects/Conservation
Reserve Department to fund expenses for the removal of the dam in Rockford, the
construction of a new building at the Fossil Park, and kiln restoration
projects; and Whereas, the Board transferred $230,000 on February 25, 2014 for
said projects, leaving a balance of $86,600 available to transfer; Therefore,
the Floyd County Board of Supervisors
authorizes an additional operating transfer of $86,600 and directs the Auditor
to adjust her books accordingly and notify the County Treasurer of the transfer
per this resolution and the record of its adoption. Motion carried 3-0.
Two bids were received for crushed stone resurfacing
projects: 1) Croell Redi Mix for
$845,460 and 2) Allied Manatts Group for $886,452. Kuhn/Kamm moved to approve the low bid awarding
the contract from Croell Redi Mix crushed stone resurfacing for $9.90 per unit
totaling $845,460, pending review of specifications by the County Engineer and
authorize the chair to sign the contract when available. Motion carried 3-0.
Kuhn/Kamm moved to approve the Iowa Dept of
Transportation Secondary Road Budget for FY15.
Motion carried 3-0.
Kamm/Kuhn moved to approve the Iowa Dept of
Transportation Secondary Road Construction Program for FY15. Motion carried 3-0.
Dusten Rolando, County Engineer, reported that he received a thank you
from Jim & Judy Koenigs for maintaining the roads so well over the
winter. Rolandoís timesheet with the new
column for use of a county vehicle and foremanís notes were provided. Rolando reported that a motor is being
replaced in one of the trucks. There
were a couple of road closings due to washouts from melting snow. The B60 bridge project should start within
the next couple of weeks. Per NIACOG
meeting, the county did not get a project for FY18 but should for FY19. Crews are making 3x5 box culverts and spot
rocking. Supv Schwickerath mentioned
that he attended a Marble Rock City Council meeting where they discussed a road
where dust control would be nice; Rolando responded that they can apply dust
control per the countyís dust control policy.
The Board recessed at 10:10 a.m. and reconvened at 11
a.m. at the Nora Springs City Hall to meet in regard to Joint Drainage District
#6 (Floyd)/#56 (Cerro Gordo) with the Cerro Gordo County Board of Supervisors
Bob Amosson, Jay Urdahl, and Phil Dougherty.
Jim Hudson, Hudson Law Office, was introduced by Supv
Amosson. Hudson explained drainage
district processes and procedures, including how districts are established,
responsibilities of the trustees, definitions of repairs and improvements,
hearings, bid lettings, claims for damages, annexation, classifications, notice
requirements, objections, remonstrance, right of ways, easements, drainage
warrants, assessment spreads, and interest rates. Kent Rode and Ivan Droessler,
I&S Group Engineers, presented the Engineerís Report for Proposed Repairs
or Improvement, Main #1 JDD #6/56.
Hudson clarified that any work done in a county easement area is the
county road managementís responsibility, a city would be responsible for any
work done on a city road and a private road would be the responsibility of the
private owner; they have to allow for the passage of water. Droessler stated that there are two choices
with Option 1, routing under the underpass of the city road or jacking and
boring under the railroad. Droessler
commented that winning cooperation with the city, for example, if the district
paid for costs such as materials and the city took care of the costs of
resurfacing, may be advantageous. If
they go through the railroad, permits would be required if they have to enter
the property. However, if jacking and boring
can be done under the railroad from outside of the railroad right of way, no permits
would be needed but the railroad would have to receive notification before work
could be started. The railroad would be
assessed for the work on their property.
Hudson mentioned a new process for
special drainage assessments to the railroad.
Jason Pippert, co-owner of tree farm in the district, proposed
that the acres acquired should be 1.15 rather than 0.6, questioned the assumed
right of way, believes all acres on the tree farm would be unusable, and that
all the trees in the right of way have not been accounted for estimating 200
Christmas trees lost would cost $25 each, totaling $5,000, and 240 black walnut
trees with 35% anticipated to make it to harvest valued at $900 each, totaling $75,000. Droessler commented that the right of way
has been adjusted from 100 feet to 45. Hudson
explained that when the ditch was originally built, a right of way was created
and anything within the 45 feet corridor would not be subject to payment of damages
but anything outside of the 45 feet would be eligible for fair market value
compensation. Hudson said often the
right of way is generally 100 feet so the 45 feet is very generous. Anything within the right of way could be
determined to be a nuisance but Hudson does want to treat it as such. Iowa Code section 126.8 allows for the
district to hire a surveyor to determine the right of way.
Pippertís objection to Option 1 is based on his
conversations with 100% of the land owners in Main 1. He reports the tile is too shallow, the repair
is more expensive than an improvement, the hydrologic capacity is lower, open
ditches have better flow, trees and tiles donít get along, and closed systems
are harder to maintain. Pippert proposed
an option 4 that is like the engineerís option 2 but allows for no right of way
required, the work done by the land owners, no compensation for trees and no
acres acquired. His proposal has an open
ditch with spoils to be placed where the land owners feel necessary, no need
for surface drain pipes, rip rap to start at West Drive and possibly both sides
of the railroad culvert, and do a culvert rather than jack and bore under the
railroad. Per Pippert, all of the
property owners oppose all three options in the engineerís report. Pippert recommends halting any further
engineering services and the property owners would engage the engineers at a
later date if needed. He would also like
Bill Fett to rescind his original verbal petition, have it recorded, and stop
Hudson mentioned that this is a public project, the
trustees determine who does the work, and competitive bidding, bonding and bid
securities are required. Angie Pippert questioned
if the process could be stopped due to excessive costs. Hudson questioned how she thought mandatory repairs
could be considered excessive and suggested that an engineer in the state of
Iowa would not be able to convince a judge that the costs were excessive. Jason suggested that the district be a
land-owner district rather than have trustees.
Droessler questioned how they would assess costs and commented that if
the land owners were trustees of the district, they would still need to comply
with the Iowa Code. Supv Kamm suggested
the districtís contractors get bonded and bid a low amount on the project. Hudson also mentioned that the lowest bidder
does not always get the bid as a bidder may would have to prove evidence of
prior projects. Droessler commented
property owners could reduce costs by donating right of way acquisition and not
charge for tree losses. Rode mentioned
that the engineers act as a project manager overseeing details such as
coordination with the railroad company, acquire necessary permits, ensure
notifications are sent, prepare specifications for bid lettings, make sure
bidders comply, and see processes through completion.
Supv Urdahl excused himself from the meeting.
Supvs Amosson, Kamm, and Schwickerath echoed comments
regarding their responsibilities as trustees stating they could not just drop
the issue or allow property owners to take over the work without the engineerís
expertise and Hudsonís advice to do so.
It was suggested the property owners discuss modifications with the
engineer. Six written objections have
been received. Hudson mentioned that if
a remonstrance is met for Option 2 improvements the trustees would be required
to do repairs. Property owners may want
to consider filing objections or modifying objections submitted
Kamm/Dougherty moved to set the rate at 5% for
drainage warrants and spreads on assessments and allow a 20-year spread on
assessments over $500. Motion carried 5-0.
Kuhn/Schwickerath moved to set a continuation of the
hearing for June 24 at 11 a.m. Motion
The Floyd County Board of Supervisors recessed at 2:10
p.m. and reconvened at 3 p.m. in the Board Room of the Courthouse to discuss
Drainage District #9 reclassification and Drainage District #12 annexation and reclassification.
Kent Rode and Ivan Droessler, I&S Group engineers,
and Drainage Commissioners Bob Keyes and Ben Rottinghaus were present.
Rode and Droessler presented the Commissionersí Report
Reclassification of Benefits DD#9. Discussion
included right of way issues with Bruce Hovden, County Assessor. Kamm/Kuhn moved to accept the Commissionersí
Report-Reclassification of Benefits DD #9. Motion carried 3-0. Kuhn/Kamm moved to set a reclassification
hearing for DD#9 for June 10 at 10 a.m.
Motion carried 3-0.
Rode and Droessler presented the Engineerís Report
Annexation DD #12. Kuhn/Kamm moved to accept
the Engineerís Report Annexation DD #12.
Motion carried 3-0.
Kuhn/Kamm moved to rescind the previous motion to set
the DD #9 reclassification hearing on June 10 at 10 a.m. and moved to set it
for June 10 at 9:30 a.m. Motion carried
Kamm/Kuhn moved to set the DD #12 for the annexation
hearing for DD #12 on June 10 at 10:30 a.m.
Motion carried 3-0.
Rode and Droessler presented the Commissionersí
Report-Reclassification of Benefits for DD #12.
Kamm/Kuhn moved to accept the Commissionersí Report-Reclassification of
Benefits for DD #12. Motion carried
3-0. Kamm/Kuhn moved to set a DD #12
reclassification hearing on June 10 at 10:15 a.m.
Kamm/Kuhn motioned to adjourn the meeting. Motion carried 3-0.
ATTEST: ________________________________________ _________________________________
Gloria A. Carr Roy
N. Schwickerath, Chair
Floyd County Auditor Floyd
County Board of Supervisors