Meeting Minutes
4/8/2014

Floyd County Board of Supervisors Meeting

April 8, 2014, 9:00 AM

UNAPPROVED MINUTES

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 carried 3-0.

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 carried 3-0.

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.

Engineerís Report:  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 all proceedings. 

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 previously. 

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 carried 5-0.

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 3-0.

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

 

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