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All meetings are to be held in the Supervisors' Office, 600 Gunder Rd NE, Elkader, Iowa, unless otherwise stated.  The board meets regularly on Monday from 9 AM to 4 PM. Other days are occasionally used for special meetings. Non-scheduled time is spent in workshops or available for public comment limited to ten (10) minutes per individual.

Monday, August 4, 2014

10:00 AM

  • Approval of Claims
  • Approval of Minutes
  • Approve contract with Taylor Construction for the construction of the Farmersburg Bridge and authorize chairman to sign contract

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General Election

General elections have the most offices and issues on the ballot and usually generate more interest and higher turnout than any other elections.

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Board of Supervisors Minutes - June 2, 2014

Meeting of the Board of Supervisors at their office, Clayton County Office Building, 600 Gunder Rd., Elkader, IA
Present:  Ron McCartney, Larry Gibbs, Gary Bowden
 
Motion by Gibbs, seconded by Bowden, to approve the claims for payment as presented.  Ayes:  Gibbs, Bowden, McCartney
 
Motion by Bowden, seconded by Gibbs, to approve cigarette permits to PromiseLand Winery, LLC (Millville Township), Fast Trak (Boardman Township) and Kwik Star # 711 (Monona Township).  Ayes:  Gibbs, Bowden, McCartney
 
Motion by Gibbs, seconded by Bowden, to approve resolution # 17-2014 “Public Hearing on Class C Service Level of Portion of Golden Ave”.  Ayes:  Gibbs, Bowden, McCartney
 
Resolution # 17-2014
Public Hearing on Class C Service Level of Portion of Golden Ave
 
The Clayton County Board of Supervisors will conduct a public hearing on the following proposed Class C classification on June 16, 2014 at 10:15 A.M. in their office at 600 Gunder Road, Elkader, Iowa.  Notice is in accordance with Iowa Code Chapter 331.305.   Members of the public are encouraged to make oral or written statements regarding the proposed Class C classification.
           
That Portion of "Golden Ave", originally established in 1880 (See Road Record Volume 2, page 8) lying in Section 6, T95N, R4W of Clayton County, Iowa. The intention of this reclassification is to change a segment of public road commencing at approximately 10629 Golden Ave and continuing north for the remaining length of the road to Class C classification.
 
Motion by Bowden, seconded by Gibbs, to approve resolution # 18-2014 “Public Hearing on Class C Service Level of Portion of 355th Street”.  Ayes:  Gibbs, Bowden, McCartney
 
Resolution #18 -2014
Public Hearing on Class C Service Level of Portion of 355th Street
 
The Clayton County Board of Supervisors will conduct a public hearing on the following proposed Class C classification on June 16, 2014 at 10:15 A.M. in their office at 600 Gunder Road, Elkader, Iowa.  Notice is in accordance with Iowa Code Chapter 331.305.   Members of the public are encouraged to make oral or written statements regarding the proposed Class C classification.
           
That Portion of "355th Street", originally established in 1866 (See Road Record Volume 3, page 72) lying in Section 11, T91N, R4W of Clayton County, Iowa. The intention of this reclassification is to change a segment of public road commencing at approximately 26241 355th Street and continuing west to Iowa Ave to Class C classification.
 
/s/ Ron McCartney, Chairman, Board of Supervisors
Attest:  /s/ Dennis Freitag, Clayton County Auditor

Board of Supervisors Minutes - May 28, 2014

Meeting of the Board of Supervisors at their office, Clayton County Office Building, 600 Gunder Rd., Elkader, IA
Present:  Larry Gibbs, Gary Bowden   Absent:  Ron McCartney (attending CSS meeting)

Brian Huinker, Midwest Benefits, discussed with the Board health insurance with his company.

Motion by Gibbs, seconded by Bowden, to approve the minutes of May 19, 2014.  Ayes:  Gibbs, Bowden     Absent: McCartney

Motion by Bowden, seconded by Gibbs, to authorize the Vice-Chairman to sign the contracts and bonds for rock resurfacing from the May 2, 2014, letting.  Ayes:  Gibbs, Bowden  Absent:  McCartney

Motion by Bowden, seconded by Gibbs, to approve the Secondary Roads FY2014 DOT Budget Amendment and authorize the Vice-Chairman to sign the document.  Ayes:  Bowden, Gibbs  Absent:  McCartney
 
A public hearing was conducted on the proposed county budget amendment to the FY 2014 county budget.  A line item explanation was given by the County Auditor.  There were adjustments made to lower the proposed expenditures.  Motion by Bowden, seconded by Gibbs, to approve the adjusted FY 2014 budget amendment.  Ayes:  Bowden, Gibbs  Absent:  McCartney
 
A public hearing was conducted on a zoning change request of Jim Fuhrman of one acre more or less from A1 Agriculture to C1 Commercial, located in the NW ¼ of the SE 1/4,  Section 3, T92N R6W (Sperry Twp).  Jim Fuhrman, owner, was present for the hearing.  No objections were heard.  Motion by Bowden, seconded by Gibbs, to approve the second reading and waive the third reading of the proposed zoning change request of Jim Fuhrman of one acre more or less from A1 Agriculture to C1 Commercial, located in the NW ¼ of the SE 1/4,  Section 3, T92N R6W (Sperry Twp).  Ayes:  Gibbs, Bowden   Absent: McCartney
 
A public hearing was conducted on a zoning change request by FreedomBank for property contained in the Highland Bluffs Golf & Waterpark Subdivision back to A1 Agricultural.  Kevin Clefisch, attorney for FreedomBank, was present representing the owner of the property. No objections were heard.  Motion by Bowden, seconded by Gibbs, to approve the second reading and waive the third reading of the proposed zoning change request by FreedomBank for the Highland Bluffs Resort water park and hotel area from C1 Commercial back to A1 Agricultural, and rezone the residential platted areas from R1 Single Family Residential back to A1 Agricultural.  Located in Sections 30 and 31, T95N R3W (Mendon Twp.) and Sec. 36 T95N R4W (Giard Twp.).  Ayes:  Gibbs, Bowden   Absent: McCartney
 
Motion by Bowden, seconded by Gibbs, to approve resolution # 15-2014 “Highland Bluffs Golf & Waterpark Subdivision Zoning Change”.  Ayes: Gibbs, Bowden, McCartney
 
RESOLUTION # 15-2014
Highland Bluffs Golf & Waterpark Subdivision Zoning Change
 
WHEREAS, Highland Bluffs Golf & Waterpark Subdivision is currently zoned both R1 “Single Family Residential” and C1 “Commercial” by virtue of a zoning change approved on December 21, 2005,
 
WHEREAS,there has been no active use of thecurrent zoning designation,
 
WHEREAS, Clayton County Zoning Regulations Ordinance section 6.17 states “If the property is rezoned, and the property is not developed for eligible uses in whole or in part, within one  (1) year from such rezoning, the Planning and Zoning Commission may, after seven (7) days’ notice, in writing, to the then-recorded owner of said land providing a reasonable opportunity to be heard, initiate and recommend to the Board of Supervisors that said land be rezoned to its previous zoning classification,
 
WHEREAS, it is the desire of FreedomBank, current owner of the Highland Bluffs Golf & Waterpark Subdivision, to have the property rezoned to A1 Agricultural,
 
WHEREAS, hearings have been held on May 19th and 28, 2014, regarding public comment on the zoning change with no objections being heard,
 
THEREFORE BE IT RESOLVED by the Clayton County Board of Supervisors that the Highland Bluffs Golf & Waterpark Subdivision be rezoned from C1 Commercial back to A1 Agricultural, and rezone the residential platted areas from R1 Single Family Residential back to A1 Agricultural.  Located in Sections 30 and 31, T95N R3W (Mendon Twp.) and Sec. 36 T95N R4W (Giard Twp.). 
 
Motion by Bowden, seconded by Gibbs, to approve resolution # 16-2014 “Operating Transfers Authorization (2) FY 2014”.  Ayes:  Gibbs, Bowden  Absent:  McCartney
 
Resolution # 16-2014
Operating Transfers Authorization (2) FY 2014
 
WHEREAS, the County Auditor recommended to the Board the following operating transfers for FY 2014:
 
From To Amount Purpose
RISE Bldg Renovation C/P General Basic $24,380.00 Close out fund; repay FY 2013 transfer
COB Renovation C/P General Basic $56,716.22 Close out fund; repay expense incurred with debt issuance and other misc. expense before bond was issued
General-Basic Clocktower Renovation C/P $30,000  Partially fund project
General-Basic Jail Bond D/S $20,000 Interest payment on bonds                                        
 
WHEREAS, these operating transfers will enhance Clayton County’s financial position,
 
THEREFORE BE IT RESOLVED by the Clayton County Board of Supervisors that the County Auditor is authorized to make the preceding operating transfers for FY 2014.
 
/s/ Larry Gibbs, Vice-Chairman, Board of Supervisors
Attest:  /s/  Dennis Freitag, Clayton County Auditor

Board of Supervisors Minutes - May 19, 2014

Meeting of the Board of Supervisors at their office, Clayton County Office Building, 600 Gunder Rd., Elkader, IA
Present:  Ron McCartney, Larry Gibbs  Absent: Gary Bowden (sick)
 
Motion by Gibbs, seconded by McCartney, to approve the claims for payment as presented. Ayes:  Gibbs, McCartney    Absent: Bowden
 
Motion by Gibbs, seconded by McCartney, to approve the minutes of May 12, 2014.  Ayes:  Gibbs, McCartney  Absent: Bowden
 
Motion by Gibbs, seconded by McCartney, to approve the FY 2015 labor contract for Secondary Road union employees and the FY 2015 and FY 2016 labor contract for Sheriff Department union employees as negotiated and authorize the Chairman to sign the contracts.  Ayes:  Gibbs, McCartney  Absent:  Bowden
 
The County Auditor discussed the proposed county budget amendment with the Board and the need for some operating transfers.
 
A public hearing was conducted regarding a petition to vacate the plat of Highland Bluffs Golf & Waterplay Resort Subdivision.  Kevin Clefisch, attorney for FreedomBank, stated that his client recommends that the plat be vacated as the area was not developed and its future use will be agriculture.  No other comments were heard.  The Chairman declared the public hearing closed.  Motion by Gibbs, seconded by McCartney, to approve resolution # 14-2014 “Vacation of the Highland Bluffs Golf & Waterplay Resort Subdivision Plat”.  Ayes:  Gibbs, McCartney  Absent: Bowden
 
Resolution # 14-2014
“Vacation of Final plat of Highland Bluffs Golf & Waterplay Resort”
 
WHEREAS, the final plat of Highland Bluffs Golf & Waterplay Resort was filed in the Clayton County Recorder’s Office on March 22, 2006, in Plat Book 27, page 104, as document # 2006-R01024,
 
WHEREAS, FreedomBank has received the property by way of a Sheriff’s Deed after foreclosure,
 
WHEREAS, FreedomBank is in the process of selling the property to persons who
intend to use the property for agricultural, non-development purposes,
 
WHEREAS, there has been no active use of the plat since filing and the plat has no present or future use or benefit,
 
WHEREAS, FreedomBank has petitioned on March 14, 2014,  the Clayton County Board of Supervisors to vacate the final plat of Highland Bluffs Golf & Waterplay Resort under Iowa Code Chapter 354.22,
 
WHEREAS, legal notification of a public hearing on the vacation of the aforementioned final plat was published in the Clayton County Register on April 30, 2014, and May 14, 2014, for a public hearing to be held on May 19, 2014,
 
WHEREAS, the only proprietor within 300 feet of the area to be vacated is FreedomBank, itself.  The bank was put on notice through its attorney, Kevin H. Clefisch, and at this time there are no mortgagees,
 
WHEREAS, there were no areas of the plat that were conveyed, dedicated or accepted for public use,
 
WHEREAS, a public hearing has been conducted today with no objections expressed orally or written,
 
THEREFORE BE IT RESOLVED by the Clayton County Board of Supervisors that FreedomBank’s “Petition to Vacate Final Plat” as filed with the Board of Supervisors on March 14, 2014, should be and hereby is granted.
 
BE IT FURTHER RESOLVED that said “Final Plat of Highland Bluffs Golf and Waterplay Resort of Clayton County, Iowa, should be and hereby is vacated pursuant to Iowa Code Section 454.22.
 
BE IT FURTHER RESOLVED that the Clayton County Auditor is authorized and directed to file with the Clayton County Recorder all necessary and required documentation to implement the foregoing resolution.
 
Motion by Gibbs, seconded by McCartney, to approve the rock resurfacing contracts from the May 2, 2014, letting. Ayes:  Gibbs, McCartney  Absent: Bowden
 
Motion by Gibbs, seconded by McCartney, to retain the current rate of single- $2.79/month and family-$8.36/month for the self-funded vision rates for plan year beginning 7-1-2014.  Ayes:  Gibbs, McCartney  Absent:  Bowden

A public hearing was conducted on a zoning change request of Jim Fuhrman of one acre more or less from A1 Agriculture to C1 Commercial, located in the NW ¼ of the SE 1/4,  Section 3, T92N R6W (Sperry Twp).  Jim Fuhrman, owner, was present for the hearing.  No objections were heard.  Motion by Gibbs, seconded by McCartney, to approve the first reading of the proposed zoning change request of Jim Fuhrman of one acre more or less from A1 Agriculture to C1 Commercial, located in the NW ¼ of the SE 1/4,  Section 3, T92N R6W (Sperry Twp).  Ayes:  Gibbs, McCartney  Absent: Bowden

A public hearing was conducted on a zoning change request by FreedomBank for property contained in the Highland Bluffs Golf & Waterpark Subdivision back to A1 Agricultural.  Kevin Clefisch, attorney for FreedomBank, was present representing the owner of the property. No objections were heard.  Motion by Gibbs, seconded by McCartney, to approve the first reading of the proposed zoning change request by FreedomBank for the Highland Bluffs Resort water park and hotel area  from C1 Commercial back to A1 Agricultural, and rezone the residential platted areas from  R1 Single Family Residential back to A1 Agricultural.  Located in Sections 30 and 31, T95N R3W (Mendon Twp.) and Sec. 36 T95N R4W (Giard Twp.).  Ayes:  Gibbs, McCartney  Absent:  Bowden

Motion by Gibbs, seconded by McCartney, to approve the contract with Cost Advisory Services for indirect cost study services for FY 2014.  Ayes:  Gibbs, McCartney
Absent: Bowden     

/s/ Ron McCartney, Chairman
Attest:  Dennis Freitag, Clayton County Auditor