Board of Supervisors Minutes - June 17, 2013

Meeting of the Board of Supervisors at their office, County Office Building, 600 Gunder Rd, Elkader, IA
Present:  Larry Gibbs, Ron McCartney, Gary Bowden

Motion by Gibbs, seconded by Bowden, to approve the claims for payment as presented.  Ayes:  Gibbs, Bowden, McCartney

A public hearing was conducted on the reconstruction of the Farmersburg Shop.  There were no comments or objections heard.

A public hearing on proposed ordinance # 1-2013 "Monona Airport Land Use & Height Overlay Zoning Ordinance" was conducted.  This hearing was conducted to correct a publication problem of missing the within 20 days requirement.  There were no comments or objections heard. Motion by Gibbs, seconded by Bowden, to approve the first reading of the proposed ordinance # 1-2013 "Monona Airport Land Use & Height Overlay Zoning Ordinance".  Ayes:  Gibbs, Bowden, McCartney

Motion by Bowden, seconded by Gibbs, to approve the renewal of the liquor license of Tri-City Golf Club, Inc.  Ayes:  Gibbs, Bowden, McCartney

Motion by Gibbs, seconded by Bowden, to award the construction contract of the Farmersburg Secondary Road Shop to Dave’s Complete Construction, Inc., Delhi, IA, in the amount of $437,500.00 with a 150 day completion target.

Eli Garms informed the Board of the events during the interview process for a paid summer intern position.  Two of the three applicants were interviewed.  The IT Committee recommended that Justin Flagge be offered the paid internship. Motion by Gibbs, seconded by Bowden, to hire a paid intern for up to $15/hr. for up to 11weeks at 29 hours per week with no other benefits.  Ayes:  Gibbs, Bowden, McCartney

Tom Elgin representing Truck Country, and Stan Hauser representing River States Truck Co., were present to observe the opening of quotes for the purchase of a new snow plow truck for Secondary Road Department.  The following quotes were received:

Truck Country, Dubuque, IA, Western Star 4800 truck with Tri-State snow equipment: $176,357:   with Henderson Snow equipment:   $179,600;

Don’s Truck Co., Fairbank, IA, Freightliner 114SD with Henderson snow equipment:  $165,415;

River States Truck Co., LaCrosse, WI, Freightliner 114SD truck with Tri-State snow equipment:  $165,820;

Hawkeye Truck, Decorah, IA, International 7600 truck with Tri-State snow equipment:  $166,103; with Henderson snow equipment:  $169,346;

All State Truck, Eau Claire, WI, Peterbuilt 367 truck with Tri-State snow equipment:  clarification needed on the quote;

GATR Truck Center, Cedar Rapids, Mack GU 813 truck with Henderson snow equipment:  $169,456;

The Board and the County Engineer went out to 27684 Pleasant Ridge Road to view a situation regarding the road.
Motion by Bowden, seconded by Gibbs, to approve the minutes of June 17, 2013.  Ayes:  Gibbs, Bowden, McCartney

/s/ Ron McCartney, Chairman, Board of Supervisors
/s/ Dennis Freitag, Clayton County Auditor

Board of Supervisors Minutes - June 13, 2013

Meeting of the Board of Supervisors at their office, County Office Building, 600 Gunder Rd, Elkader, IA
Present:  Larry Gibbs, Ron McCartney, Gary Bowden

Motion by Gibbs, seconded by Bowden, to approve the contract and performance bond with K Construction for project # 22-CO22-071 “Blackberry Road bridge replacement” in the amount of $289,427.30 and authorize the Chairman to sign the documents.  Ayes:  Gibbs, Bowden, McCartney

Motion by Bowden, seconded by Gibbs, to approve renewal of the cigarette sales permits to Fast Trak and Kwik Star # 711 for fiscal year ending June 30, 2014.  Ayes:  Gibbs, Bowden, McCartney

Motion by Gibbs, seconded by Bowden, to increase the monthly pay rate for Myron & Kris Phelps to $2,416.67/month ($29,000 annual salary) effective June 1, 2013.  Ayes:  Gibbs, Bowden, McCartney

Motion by Bowden, seconded by Gibbs, to approve resolution # 20-2013 Abating prior delinquent taxes on buildings on leased land.  Ayes:  Gibbs, Bowden, McCartney

RESOLUTION # 20- 2013
RE:  Abating prior delinquent taxes on buildings on leased land
WHEREAS, Clayton County has prior years delinquent taxes to collect on the following buildings on leased land which cannot be sold on tax sale:

Owner	Parcel Number	Base Amount	Last Payable Year
Alan Wright	37-22-151-004	$200.00	2001 - 2011

WHEREAS, notices for the collection of the tax due have been sent out in the past,

WHEREAS, further collection attempts are anticipated as costing more than the taxes due,

THEREFORE BE IT RESOLVED by the Board of Supervisors of Clayton County that the County Treasurer be directed to abate the prior years of delinquent tax on the previously stated buildings on leased land.
 
Joel Biggs, EMA and E911 Director, discussed the future grant opportunities in the SAFER and AFG programs for emergency services and communications.  He explained current developments of upgrading the Clayton County emergency communications system and problems that still exist.  He explained that there will be a match needed for each of the grants.
 
The Board received and opened bids on the Farmersburg Shop project as follows:
ProBuild, Elkader, IA -  $516,741.00;  120 day completion

Pellock Construction, Inc., Prairie du Chien, WI-  $457,000.00;  Oct. 10^th completion

Cresco Building Service, Cresco, IA-   $492,250.00;  October 1^st completion

Dave’s Complete Construction  Delhi, IA-  $437,500.00;  150 day completion

Motion by Bowden, seconded by Gibbs, to approve the minutes of June 13, 2013.  Ayes:  Gibbs, Bowden, McCartney
 
/s/ Ron McCartney, Chairman, Board of Supervisors
/s/ Dennis Freitag, Clayton County Auditor

Board of Supervisors Minutes - June 3, 2013

Meeting of the Board of Supervisors at their office, County Office Building, 600 Gunder Rd, Elkader, IA
Present:  Larry Gibbs, Ron McCartney, Gary Bowden
Motion by Bowden, seconded by Gibbs, to approve the claims for payment as presented.  Ayes:  Gibbs, Bowden, McCartney
 
A public hearing on the proposed Monona Airport Land Use and Height Overlay Zoning Ordinance.  Clyde Thompson informed the Board that the IDOT is starting a process to restore wetlands in the area affected by the airport.  Wetlands attract water fowl and that is not a good situation for aviation. The federal law will also prohibit this action.  There were no other comments regarding the proposed ordinance.  It was noticed that the publication of the notice for this hearing was not within the maximum 20 days.  The County Auditor was directed to publish notice for new hearings to be held on June 17^th and 24^th.
 
Motion by Bowden, seconded by Gibbs, to approve the third amendment to the lease agreement for office space for DHS-Targeted Case Management in the County Office Building and authorize the Board Chairman to sign the amendment.  Ayes:  Gibbs, Bowden, McCartney
 
Motion by Gibbs, seconded by Bowden, to award a contract to the low bidder, K Construction, Elkader, on Project BROS-CO22(71)—8J-22 “Bridge replacement on Blackberry Road”.  Ayes:  Gibbs, Bowden, McCartney
 
Due to the emergency situation that exists, motion by Gibbs, seconded by Bowden, to approve the declaration of a disaster for the recent flooding and tornadoes.  Ayes:  Gibbs, Bowden, McCartney

Local Disaster Declaration
Clayton County has suffered from severe thunder storms, high winds (ie:  tornadoes) and flooding incidents that occurred from Wednesday, May 29^th through Friday, May 31, 2013, causing severe damage to public and private property, disruption of utility service, and endangerment of the health and safety of the citizens within the disaster area of Clayton County. 

Therefore, the Clayton County Board of Supervisors has declared a state of emergency authorized under Iowa state statute and will execute the expenditure of emergency funds from all available sources, the invoking of mutual aid agreements, and the applying to the State of Iowa for assistance.
 
Motion by Bowden, seconded by Gibbs, to approve the minutes of June 3, 2013.  Ayes:  Gibbs, Bowden, McCartney
 
/s/ Ron McCartney, Chairman, Board of Supervisors
/s/ Dennis Freitag, Clayton County Auditor

Board of Supervisors Minutes - May 29, 2013

Meeting of the Clayton County Board of Supervisors at their office, 600 Gunder Road, Elkader, Iowa.
Present:  Gary Bowden, Larry Gibbs and Ron McCartney
 
Gibbs moved to approve and authorize the Board Chairman to sign contracts and contractor’s bond with CJ Moyna and Sons for project 2013-R-1 rock resurfacing”, Division 1 and 2. Bowden seconded. Ayes: Gibbs, Bowden, McCartney. 
 
Laura Friest of Northeast Iowa RC&D was present to discuss plans to write a state recreational trails grant. Bowden moved to approve a contract with Northeast Iowa RC&D to write a state recreational trails grant. Gibbs seconded. Ayes: Gibbs, Bowden, McCartney. 
 
A public hearing was conducted on a request by Dale and Marlene Chesnut and John Patrick and Doris Moyna for a minor subdivision, Lot 4 of Lot 2 in the fractional SWSW of Section 7, T93N R4W. No public objections were raised. The public hearing was closed. Gibbs moved to approve resolution # 16-2013 regarding a minor subdivision by Dale and Marlene Chesnut and John Patrick and Doris Moyna, located in Lot 4 of Lot 2 in the fractional SWSW of Section 7, T93N, R4W. Bowden seconded. Ayes: Gibbs, Bowden, McCartney.
Resolution # 16-2013 
Accepting the minor subdivision plat of Lot 4 of Lot 2 in the Fractional Southwest Quarter of the Southwest Quarter (SW1/4-SW1/4) of Section 7, Township 93 North, Range 4 West of the Fifth Principal Meridian, Clayton County, Iowa
 
WHEREAS, there has been submitted to the Board of Supervisors of Clayton County, Iowa, a plat of real property hereinafter designated and described as: a subdivision of Lot 4 of Lot 2 in the Fractional Southwest Quarter of the Southwest Quarter (SW1/4-SW1/4) of Section 7, Township 93 North, Range 4 West of the Fifth Principal Meridian, Clayton County, Iowa,
 
WHEREAS, Dale and Marlene Chesnut as owners of said real property, and John Patrick and Doris Moyna as contract buyers of said real property, have executed and acknowledged an instrument consenting to said plat,
 
WHEREAS, it appears that said plat complies with all requirements of Chapters 354 and 355 of the Code of Iowa,
 
WHEREAS, the Clayton County Subdivision Review Committee has recommended approval of said subdivision, affirming that it has complied with all the regulations of Clayton County, Iowa,
 
THEREFORE BE IT RESOLVED by the Clayton County Board of Supervisors that the Board approves as an official subdivision, the plat of real property to be known as Lot 4 of Lot 2, (approximately 4.67 acres) situated in Clayton County, Iowa, and described as: a subdivision of Lot 4 of Lot 2 in the Fractional Southwest Quarter of the Southwest Quarter (SW1/4-SW1/4) of Section 7, Township 93 North, Range 4 West of the Fifth Principal Meridian, Clayton County, Iowa,
 
A public hearing was conducted on a request by Amos Christner for a minor subdivision located in the NWNE Quarter and the SWNE Quarter of Section 29, T91N, R4W. Janet Diers presented the background information for the proposal.  No public objections were raised. The public hearing was closed. Bowden moved to approve resolution # 17-2013 regarding a minor subdivision by Amos Christner located in the NWNE Quarter and the SWNE Quarter of Section 29, T91N, R4W. Gibbs seconded. Ayes: Gibbs, Bowden, McCartney. 

Resolution # 17-2013 
Accepting the minor subdivision plat of Lot 1 of Lot 2, Lot 2 of Lot 2 and Lot 3 of Lot 2 in the Southwest Quarter of the Northeast Quarter (SW1/4-NE1/4), and Lot 1 of Lot 2 and Lot 2 of Lot 2 in the Northwest quarter of the Northeast quarter (NW1/4-NE1/4) of Section 29, Township 91 North, Range 4 West of the Fifth Principal Meridian, Clayton County, Iowa
 
WHEREAS, there has been submitted to the Board of Supervisors of Clayton County, Iowa, a plat of real property hereinafter designated and described as: a subdivision of Lot 1 of Lot 2 in the SW1/4-NE1/4, Lot 2 of Lot 2 in the SW1/4-NE1/4, Lot 3 of Lot 2 in the SW1/4-NE1/4, Lot 1 of Lot 2 in the NW1/4-NE1/4 and Lot 2 of Lot 2 in the NW1/4-NE1/4; all in Section 29, T91N R4W of the Fifth Principal Meridian, Clayton County, Iowa
 
WHEREAS, Amos Christner as owner of said real property, has executed and acknowledged an instrument consenting to said plat,
 
WHEREAS, it appears that said plat complies with all requirements of Chapters 354 and 355 of the Code of Iowa,
 
WHEREAS, the Clayton County Subdivision Review Committee has recommended approval of said subdivision, affirming that it has complied with all the regulations of Clayton County, Iowa,
 
THEREFORE BE IT RESOLVED by the Clayton County Board of Supervisors that the Board approves as an official subdivision, the plat of real property to be known as Lot 1 of Lot 2, Lot 2 of Lot 2, Lot 3 of Lot 2 in the SW1/4 of the NE1/4 and Lot 1 of Lot 2 and Lot 2 of Lot 2 in the NW1/4 of the NE1/4 (approximately 40.01 acres) situated in Clayton County and described as: a subdivision of Lot 1 of Lot 2 in the Southwest quarter of the Northeast quarter (SW1/4-NE1/4), Lot 2 of Lot 2 in the SW1/4-NE1/4, Lot 3 of Lot 2 in the SW1/4-NE1/4, Lot 1 of Lot 2 in the NW1/4-NE1/4 and Lot 2 of Lot 2 in the NW1/4-NE1/4 ; all in Section 29, T91N R4W of the Fifth Principal Meridian, Clayton County, Iowa.
 
The Secondary Roads DOT budget amendment was presented by Sandy Howard. Gibbs moved to authorize the Board Chair to sign the DOT budget amendment. Bowden seconded. Ayes: Gibbs, Bowden, McCartney.
 
Gibbs moved to approve hiring a summer intern for the Information Technology (IT) department from June 15 – September 1, 2013, as presented. Bowden seconded. Ayes: Gibbs, Bowden, McCartney. 
 
A public hearing was conducted on the County’s FY13 budget amendment. County Auditor, Dennis Freitag, answered questions of the Board relative to the amendments. The Board suggested the addition of information in the resolution to clarify the expenditures. The public hearing was closed. Bowden moved to approve resolution # 18-2013 regarding the amendment to the FY 2013 county budget as presented. Gibbs seconded. Ayes: Gibbs, Bowden, McCartney.

Resolution # 18-2013 Amendment to the FY 2013 county budget

WHEREAS the Clayton County Board of Supervisors met on the 29^th day May, 2013,  to adopt an amendment to the current County budget (FY 2013) as summarized below. 

WHEREAS, the notice of public hearing was published in the Clayton County Register, The Outlook and The Guttenberg Press on May 15, 2013,

WHEREAS, a public hearing was conducted on May 29, 2013, at the Board of Supervisors Office, 600 Gunder Road, Elkader, IA that began at 10:30 AM,

THEREFORE BE IT RESOLVED by the Clayton County Board of Supervisors that the following amendment to the FY 2013 county budget be adopted.

Budget Amendment to the FY 2013 Clayton County Budget May 29, 2013			Total Budget as CertifiedFY 2013	Adopted Current Amendment	Total Budget After Current Amendment
REVENUES & OTHER FINANCING SOURCES
Taxes Levied on Property		1	7,573,634	0	7,573,634
Less: Uncollected Delinquent Taxes - Levy Year		2	0	0	0
Less: Credits to Taxpayers		3	328,395	43,190	371,585
Net Current Property Taxes		4	7,245,239	(43,190)	7,202,049
Delinquent Property Tax Revenue		5	4,572	0	4,572
Penalties, Interest & Costs on Taxes		6	64,152	1,000	65,152
Other County Taxes/TIF Tax Revenues		7	1,261,917	271,280	1,533,197
Intergovernmental		8	6,023,558	(846,315)
Licenses & Permits		9	26,525	0
Charges for Service		10	505,130	23,610
Use of Money & Property		11	206,502	(47,343)	159,159
Miscellaneous		12	2,120,736	651,528
Subtotal Revenues		13	17,458,331	10,570
Other Financing Sources:
General Long-Term Debt Proceeds		14	0	0	0
Operating Transfers In		15	1,400,000	0
Proceeds of Fixed Asset Sales		16	60,000	(25,820)	34,180
Total Revenues & Other Sources		17	18,918,331	(15,250)	18,903,081
EXPENDITURES & OTHER FINANCING USES
Operating:
Public Safety & Legal Services		18	2,621,238	24,727	2,645,965
Physical Health & Social Services		19	738,356	47,816	786,172
Mental Health, MR & DD		20	2,168,332	(554,521)	1,613,811
County Environment & Education		21	1,356,380	8,959	1,365,339
Roads & Transportation		22	6,762,473	450,000	7,212,473
Government Services to Residents		23	664,221	1,500	665,721
Administration		24	1,364,895	62,560
Nonprogram Current		25	1,300	0
Debt Service		26	322,439	17,000
Capital Projects		27	3,356,675	1,028,310
Subtotal Expenditures		28	19,356,309	1,086,351	20,442,660
Other Financing Uses:
Operating Transfers Out		29	1,400,000	0	1,400,000
Refunded Debt/Payments to Escrow		30	0	0	0
Total Expenditures & Other Uses		31	20,756,309	1,086,351	21,842,660
Excess of Revenues & Other Sources over (under) Expenditures & Other Uses		32	(1,837,978)	(1,101,601)	(2,939,579)
Beginning Fund Balance - July 1,		33	6,916,165	2,507,498	9,423,663
Increase (Decrease) in Reserves (GAAP Budgeting)		34	0	0
Fund Balance - Nonspendable		35	0	0	0
Fund Balance - Restricted		36	3,978,818	0	3,978,818
Fund Balance - Committed		37	0	0	0
Fund Balance - Assigned		38	16,989	0	16,989
Fund Balance - Unassigned		39	1,082,380	1,405,897	2,488,277
Total Ending Fund Balance - June 30,		40	5,078,187	1,405,897	6,484,084

 
Motion by Gibbs, seconded by Bowden, to approve resolution # 19-2013 regarding department appropriation changes for FY2013.  Ayes:  Gibbs, McCartney, Bowden

RESOLUTION # 19-2013
FY 2013 Department appropriation changes # 2
 
WHEREAS, a budget amendment was necessary because of unforeseen and unbudgeted revenues and expenses occurring during the fiscal year (ie:  County Office Building & RISE, Ltd Building renovation capital projects, a fire at the Farmersburg Secondary Road Shop, a legislative change in the funding and expenses of mental health services, additional public health grant funding and expense, a grant for services to apply for a renovation grant for the Courthouse clock tower, additional grant funding for the Sheriff’s Office and Veteran Affairs department),
 
WHEREAS, per state law a budget amendment of expense also needs to be appropriated to be spent,
 
WHEREAS, the total beginning fund balance as budgeted for FY 2013  and the actual total beginning fund balance was an increase of $2,507,498 which meant that the fiscal year started out with higher balances than anticipated,
 
WHEREAS, the amendment and subsequent appropriation changes will not jeopardize the stability of Clayton County’s financial position,
 
BE IT RESOLVED by the Board of Supervisors of Clayton County, Iowa, that the following appropriation changes are made to the respective department for fiscal year ending June 30, 2013, as presented in the following table: 

Dept Name	Fund	Amount of Change
Auditor	General Basic	+500
Auditor	General Supplemental	+1,600
Board of Health	General Basic	+19,067
CCDG Building	General Basic	+5,090
Communication Bd	General Supplemental	+900
County Engineer	Secondary Roads	+450,000
Co. Historic Preservation	General Basic	+1,000
County Office Building	General Basic	+21,560
County Office Building	General Supplemental	+500
County Office Building	COB Capital Project	+31,500
Courthouse	General Basic	+2,610
Courthouse	General Supplemental	+190
District Court Services	General Supplemental	+14,244
General Relief	General Basic	+240
General Relief	General Supplemental	+20
General Services	General Basic	+13,050
Health & Zoning	General Supplemental	-3,654
MH Administration	MH-DD	-554,521
Non-Dept	General Basic	+10,254
Non-Dept	General Supplemental	+12,310
Non-Dept	Local Option-Rural Betterment	+3,883
Non-Dept	Rural Services Basic	+4,800
Non-Dept	RISE, Ltd Capital Project	+255,578
Non-Dept	Jail Debt Service	+17,000
Non-Dept	Burke TIF	+710
Non-Dept	River Bluffs TIF	-4,728
Non-Dept	Pattison Sand TIF	+350
Sheriff	General Basic	+10,750
Veteran Affairs	General Basic	+14,076
Veteran Affairs	General Supplemental	+240
Total		+329,119

Motion by Bowden, seconded by Gibbs, to approve the minutes of May 29, 2013.  Ayes:  Gibbs, Bowden, McCartney
 
/s/ Ron McCartney, Chairman
/s/ Peggy K. Lane, Deputy Auditor