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