Meeting Minutes

Floyd County Board of Supervisors Meeting

April 22, 2014, 9:00 AM


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

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

Public comment:  Inquiries about agenda item #19 regarding removal of veteran affairs commission were made.  Comments favoring the employment of Marci Hall-Jacobsen, Veteran Affairs Administrator, were expressed.  Supv Schwickerath informed attendees that there were no agenda items regarding her position.

Updates on various boards/commissions/activities:  Supv Kuhn attended a Veteran Affairs Commission meeting where new commissioner, Bob Mondt, was introduced, increasing the number of commissioner from three to five and gender balancing the commission were discussed.  Supv Kamm attended a 500 North Grand Committee meeting where they split into subgroups of which he will be serving on a “User group”.  Supv Kamm visited with the owner of the Mill House in Rockford who was satisfied with the removal of the dam.  Supv Schwickerath attended a Charles City Chamber of Commerce and Joint Entity meetings and a pipeline emergency exercise at the Rockford Fossil Park. 

Kuhn/Kamm moved to approve April 7, 8, and 14, 2014 minutes as presented.  Motion carried 3-0.

Kamm/Kuhn moved to approve the following claims:  County #3071-3228, Secondary Roads #15835-15868 and Drains #61.  Motion carried 3-0.

Shelley Smith, FOCUS representative, proposed applying for an Iowa Dept of Public Health Substance Abuse Prevention Services grant for FY15 for the same purposes as the FY14 grant and other upcoming IDPH grants.  Kamm/Kuhn moved to approve the FY15 IDPH/Division of Behavioral Health/County Substance Abuse Prevention Services contract/request for bids for a 75-county/25-state match totaling $6,000 for the same purposes as the FY14 grant, authorize Public Health Administrator Gail Arjes to administer that grant through the Iowa Grants system on behalf of the Board of Supervisors, and authorize Arjes to pursue other IDPH grants on behalf of the Supervisors.  Motion carried 3-0.

Kuhn/Kamm moved to approve property tax suspension per Iowa Code 427.9 for four property owners including parcel #360140837700500, #410120635600400, #410110117601000 and #410120615201000.   Motion carried 3-0.

Kamm/Kuhn moved to open the public hearing regarding the Urban Renewal Road Rock Project at 9:30 a.m.  Motion carried 3-0.  Upon opening the hearing, Supv Kuhn commented about an e-mail from Jim Jorgenson regarding the April 8 rock resurfacing bid letting and his opinion to take the low, competitive bid on public projects.  The Auditor reported there were no other oral or written comments were reported for the current project.   Kuhn/Kamm motioned to close the public hearing at 9:32 a.m.  Motion carried 3-0.  The following bids were opened:  Croell Redi Mix for a unit price of $9.25, totaling $78,023.75, and Allied Manatts Group for a unit price of $10.38, totaling $87,555.30.  Kuhn/Kamm moved to accept the bid from Croell Redi Mix for the Urban Renewal Road Rock project at $9.25/ton, totaling $78,023.75, pending the county engineer’s review of the bid bond and specifications, and authorize the chair to sign the contract when available.  Motion carried 3-0.

 A comparison of Webspec Design LLC and CivicPlus Advantage website services were reviewed and discussed.  Issues stated in County Attorney Norm Klemesrud’s letter regarding the CivicPlus contract have been resolved by removing certain language.  Kamm/Kuhn moved to approve a three year contract with CivicPlus Advantage for the creation of a new website, technical, hosting services, and a redesign at four years at no additional charge for $9,304.67 per year.  Motion carried 3-0.

Kamm/Kuhn moved to approve the County Social Services 28E agreement which adds Emmett County to the consortium and adds language to put Targeted Case Management Services under CSS should that be a future direction.  Motion carried 3-0.

Kuhn/Kamm moved to approve the Floyd County Public Purpose Policy.  Motion carried 3-0. 

The Board noted the salary increase for Deputy Chad Weber and Deputy Jeremy Iriarte per contract following completion of law enforcement academy training.

The Board noted the resignation of Anita Wendel, Public Health/Home Health Care Aide.

Kuhn/Kamm moved to approve the Floyd County Adopt-A-Highway request by Pin Oak Estates Lot Association for a stretch east of the city limits to Underwood Ave.  Motion carried 3-0.

Kuhn/Kamm moved to table action on the tandem truck bids for the Secondary Roads Dept.  Motion carried 3-0

Engineer’s Report:  Foremen’s minutes were provided.  Crews have been pulling rock from shoulders, blading, and spot rocking.  There has not a lot of frost boils reported.  Lights are up on B260 bridge approach; removal will start this week and should be completed by the end of May.  One lane, approximately 12 foot wide, will be open to semis and car traffic but large farm equipment will not be allowed.  The Holly Ave bridge project work started.  Crews are fixing signs, making 3x5 box culverts, and starting on some day labor projects.  Supv Kuhn received word from a county resident that crews didn’t plow as much rock in the ditch over the winter. 

Kuhn/Kamm moved for the Board to reconvene in the board room to go into closed session regarding strategy with counsel on Veteran Affairs Commission per Iowa Code 21.5.1.c.  Roll call vote:  Ayes-Kuhn, Kamm, Schwickerath.  Motion carried 3-0. 

The Board moved to the Board Room at 9:50 a.m.  At 12:03 p.m. the Board came out of closed session from the Board Room and reconvened at 12:08 p.m. in the Assembly Room.

Supv Schwickerath introduced Beth Hansen, Swisher & Cohrt attorney hired by EMC Insurance Companies to respond to a complaint filed with the Iowa Public Information Board (IPIB) relating to the Veteran Affairs Commission Chapter 21 Open Meetings violations of not posting agendas, not posting agendas timely, and agendas not posted with sufficient detail so the public would know what would be talked about during commission meetings.  Hansen explained the open meetings law, known as the “sunshine” law, including 24-hour notice posting requirements in a designated area which has been changed to the Ground Floor of the courthouse.  Hansen also made reference to the County Attorney advising Commissioners Sandra Paul, Ron Munshower, and Steve Merrill by letter in December 2013 about violations and how to remedy the deficiencies and in January 2014, the Commission voted 3-0 to post the agendas in a common place and voted 2-1 to keep the agenda the same as it had been.  Joel Yunek, attorney representing Munshower and Paul, commented that the commission has sense changed their agenda to disclose items better.  Commissioner Steve Merrill who voted against keeping the agenda the same, resigned following the January Commission meeting and filed the complaint against Munshower and Paul with the IPIB on March 18, following the March 2014 Commission meeting after continuing to see open meetings violations.  Schwickerath reported that Dennis Sanvig was appointed to the Commission in February replacing Merrill and in March 2014, the Board of Supervisors resolved to increase the membership from three to five commissioners in hope to resolve issues, appointed Robert Mondt as the fourth commissioner in April and has been seeking a female to serve the fifth position per the Iowa Gender Balance law.  In 2011 the county implemented an application process to fill various board/commission appointments.  Comments regarding the status of Hall-Jacobson’s position are off the table and comments regarding the credibility of Merrill need to be separated from the validity of his complaint.   Supv Kuhn, who also serves as a Board of Supervisor liaison to the VA Commission, expressed that the Supervisors take open meetings requirement very seriously, explained how agendas were listed as “old business” and “new business”, and said he has no doubt that Munshower and Paul have great allegiance to veterans but they did vote against the advice of the county attorney, resulting in a complaint to IPIB and with regret would remove them from office.  Supv Kamm commented with a heavy heart that this is no “knee jerk” reaction to remove commissioners and believes it is time to move forward to help veteran and with a new commission.  Kuhn/Kamm moved to remove Sandra Paul’s appointment as a Veteran Affairs Commissioner.  Roll call vote:  Ayes-Kuhn/Kamm/Schwickerath.  Motion carried 3-0.  Public comments regarding a democracy of a 2-1 vote to keep the agenda the same should stand, a reprimand rather than removal should be sufficient, and “new” and “old” business was sufficient.  The three supervisors made reference it be paramount to uphold the open meetings law, the law is a requirement rather than an option, specific action was taken by the commissioners to not follow the law after being provided with clear legal direction on compliance, and the law enforces transparency in government and “new” and “old” business does not meet the requirement.  Kamm/Kuhn moved to remove Ron Munshower from the Veterans Affairs Commission.  Roll call vote:  Ayes-Kamm/Schwickerath/Kuhn.  Motion carried 3-0.

Kuhn/Kamm moved to appoint Marlene Sterling as a Veteran Affairs Commissioner to fill Sandra Paul’s term ending June 30, 2015.  Motion carried 3-0.

Kamm/Kuhn moved to appoint William Vetter as a fourth member to the Veteran Affairs Commission to a term ending June 30, 2016.  Motion carried 3-0.

The Board discussed a plan to comply with the gender balance law which requires a three month good faith effort to fill the fifth position to the VA Commission with a female.  Dennis Sanvig, VA Commissioner, commented about proposed legislation to have commissioners make recommendations to the Board of Supervisors and they should be able to access a list of veterans in the county.  Kamm/Kuhn moved to run advertisements in the two county designated newspapers, post on the bulletin board and county website, send letters to post commanders for American Legion, Am Vets, and VFW, and radio station and channel 4.  Motion carried 3-0. 

Future agenda items:  1) brush waste disposal from rural residents. 2) jail status, and 3) Ag Vantage presentation.

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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