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Board of Supervisors Agenda

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

Monday, January 26, 2015

8:00 AM

  • Budget workshop
  • Appointment of citizens to various boards

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Board of Supervisors Minutes - January 5, 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 McCartney, seconded by Gibbs, to sign an EZ zone agreement with CJ Construction.  Ayes:  McCartney, Gibbs, Bowden
 
Motion by McCartney, seconded by Gibbs, to approve claims for payment as presented.  Ayes:  McCartney, Gibbs, Bowden
 
Motion by Gibbs, seconded by McCartney, to approve the minutes of January 2, 2015.  Ayes:  Gibbs, McCartney, Bowden
 
Motion by McCartney, seconded by Gibbs, to make the following appointment of citizens to boards and commissions:
 
Civil Service Commission-term ending 12-31-2020 (6 yr. term)
Mike Breitbach, Strawberry Point
 
Ayes:  McCartney, Gibbs, Bowden
 
David Boss & Mary Ann Humpal, Northeast Iowa Community Action, made a presentation of their annual report and a funding request for FY 2016. They pointed out that $1,068,808 was spent in Clayton County last year for a total of $17,121,114 over the last 18 years. They also stated that 74% of their funds come from federal and state sources that require hard and/or soft matching funds.
 
Chad and Megan Rodas discussed with the Board the use of all terrain vehicles (ATV) on Clayton County secondary roads.  They would like to see the county pass an ordinance allowing the use by non-agriculture uses in addition to agricultural uses.
 
Nancy Yelden, Clayton County VNA Director, presented her budget proposal for FY 2016 of $145,000 which is the same as for FY 2015.
 
The Board reviewed budgets requests.
 
/s/ Gary Bowden, Chairman, Board of Supervisors
Attest:  /s/ Dennis Freitag, Clayton County Auditor

Board of Supervisors Minutes - January 2, 2015

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 Larry Gibbs, seconded by Ron McCartney, to appoint Gary Bowden    as Chairman, Board of Supervisors.  Ayes:  Gibbs, Bowden, McCartney
 
Motion by Ron McCartney, seconded by Gary Bowden, to appoint Larry Gibbs as Vice-Chairman, Board of Supervisors.  Ayes:  Gibbs, Bowden, McCartney
 
Motion by McCartney, seconded by Gibbs, to approve the minutes of December 29, 2014.  Ayes:  Gibbs, Bowden, McCartney
 
Motion by Gibbs, seconded by McCartney, to make the following appointments of Supervisors to various boards:
 
Larry Gibbs:
Upper Explorerland Regional Planning Commission-Business
Upper Explorerland Transportation Board-Policy
Upper Explorerland Revolving Loan Fund Board
Northeast Iowa Juvenile Detention Board
Regional DHS Advisory Board
1st Judicial Department of Corrections Board
Resource Conservation and Development Board
County Courthouse & Office Buildings
Clayton County Disaster Recovery Committee
ISAC District 6 Supervisors-Chairman
Turkey River Watershed Management Authority-alternate
County Social Services-alternate
 
Ron McCartney:
Law Enforcement Center Building
Upper Explorerland Regional Planning Commission
Upper Explorerland Regional Planning Commission-Executive Board
Turkey River Watershed Management Authority
REAP
Northeast Iowa Mental Health Board
Northeast Iowa Community Action Board
DeCat Advisory Board  
Empowerment Board – HAWC 
Iowa Workforce Development Board – Alternate
Northeast Iowa Juvenile Detention Board – Alternate
1st Judicial District Department of Corrections – Alternate
County Social Services
 
Gary Bowden:
Scenic Acres
Northeast Iowa Agency on Aging (Northeast Iowa 3A)
Northeast Iowa Agency on Aging-Aging Building Board
Winneshiek County Solid Waste Agency
Clayton County Economic Development Board
Clayton County Economic Development Revolving Loan Board
Clayton County Economic Development Housing Advisory Committee
Northeast Iowa Regional Housing Trust Board
Upper Explorerland Housing Commission
Clayton County Substance Abuse Board
Clayton County Communication Board
E-911 Board
Emergency Management Agency
Hazard Mitigation Commission
Iowa Workforce Development Board
 
Ayes:  Gibbs, McCartney, Bowden
 
Motion by McCartney, seconded by Gibbs, to acknowledge the following holidays for 2015 as stated in the employment policy:
 
Presidents’ Day – Feb. 16th  
Good Friday – Apr. 3rd
Memorial Day – May 25th
Independence Day – July 3th, Friday
Labor Day – Sept. 7th
Veterans Day – Nov. 11th, Wednesday
Thanksgiving – Nov. 26th & 27th
Christmas Eve – 24th, Thursday
Christmas Day – 25th, Friday
New Year’s Day – Jan 1st, Friday (2016)
 
Ayes:  Gibbs, McCartney, Bowden
 
Motion by Gibbs, seconded by McCartney, to designate the Clayton County Register, Guttenberg Press and The Outlook as official county newspapers for the year 2015.  Ayes:  Gibbs, McCartney, Bowden
 
Motion by McCartney, to set the county mileage reimbursement rate at $.37/mile for the calendar year 2015. Motion died for lack of second.
 
Motion by Gibbs, seconded by Bowden, to set the county mileage reimbursement rate at $.39/mile for the calendar year 2015.  Ayes:  Gibbs, Bowden  Nay: McCartney
 
Motion by Gibbs, seconded by Bowden, to make the following appointments of citizens to boards and commissions:
 
Conservation Board- term ending 12-31-2019 (five yr. term)
Gary Kregel, Guttenberg
 
Board of Health- term ending 12-31-2017 (three yr. term)
Sherri Stoffel, Elkader       
Forrest Whitford, Volga
 
Planning & Zoning Commission- term ending 12-31-2019 (5 yr. term)
Mike Finnegan, Guttenberg
Mary Klink, Elkader   
 
Regional DHS Advisory Board-term ending 12-31-2015 (annual term)
Jean Gage, Wadena
 
Veteran Affairs-term ending 12-31-2017(three yr. term)
Geralyn Torkelson, Elkader
 
Historic Preservation Commission-term ending 12-31-2015 (annual term)
Betty Buchholz, Elkader
Patti Dillon, Strawberry Point
Ellen Collins, Elkader
Gary Goyette, Guttenberg
John Nikolai, Elkader
Lee Lenth, Edgewood
Brenda Gibbs, Garnavillo
Roger Thomas, Elkader
 
Upper Explorerland Regional Planning Commission (UERPC)-term ending 12-31-2017 (three yr. term)
Ron McCartney, Elgin, County Supervisor
Darla Kelchen, Strawberry Point
Patti Ruff, McGregor (unexpired term ending 12-31-18)
 
UERPC-Regional Revolving Loan Program- term ending 12-31-2015 (annual term)
Bob Hauber, Elkader
 
County Medical Examiner-term ending 12-31-2015 (annual term)
County Medical Examiner                  Dr. Craig Thompson                       
County Medical Examiner Asst.    All resident doctors in Clayton Co.
 
 
Judicial Magistrate Appointing Commission-term ending 1-1-2021(6 year term)
Anne Osmundson, Volga
Craig Strutt, McGregor
Susan Johnson, Elkader
 
Ayes:  Gibbs, Bowden, McCartney
 
Motion by Gibbs, seconded by McCartney, to table until Monday a proposed resolution regarding determining the number of deputies, assistants and clerks of the elected offices.  Ayes:  Gibbs, Bowden, McCartney
 
Motion by Gibbs, seconded by McCartney, to approve resolution # 1-2015 “Construction Evaluation-CAFOs”.  Ayes:  Gibbs, Bowden, McCartney
 
RESOLUTION # 1-2015
 
CONSTRUCTION EVALUATION-CAFOs
 
WHEREAS, Iowa Code section 459.304(3) sets out the procedure if a board of supervisors wishes to adopt a “construction evaluation resolution” relating to the construction of a confinement feeding operation structure; and
 
WHEREAS,only counties that have adopted a construction evaluation resolution can submit to the Department of Natural Resources (DNR) an adopted recommendation to approve or disapprove a construction permit application regarding a proposed confinement feeding operation structure; and
 
WHEREAS, only counties that have adopted a construction evaluation resolution and submitted an adopted recommendation may contest the DNR’s decision regarding a specific application; and
 
WHEREASby adopting a construction evaluation resolution the Board of Supervisors agrees to evaluate every construction permit application for a proposed confinement feeding operation structure received by the Board of Supervisors between February 1, 2015 and January 31, 2016 and submit an adopted recommendation regarding that application to the DNR; and
 
WHEREASthe Board of Supervisors must conduct an evaluation of every construction permit application using the master matrix created in Iowa Code section 459.305, but the Board’s recommendation to the DNR may be based on the final score on the master matrix or may be based on reasons other than the final score on the master matrix;
 
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF CLAYTON COUNTY that the Board of Supervisors hereby adopts this construction evaluation resolution pursuant to Iowa Code section 459.304(3). 
 
/s/ Gary Bowden, Chairman, Board of Supervisors
Attest:  /s/ Dennis Freitag, Clayton County Auditor

Board of Supervisors Minutes - December 29, 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
 
A public hearing on the vacation of the final plat of Emerald Valley Estates-Phase 4 was opened by Chairman McCartney.  George Leonard and Steve McCorkindale were present.  No oral or written objections were received.  The Chairman declared the public hearing closed.
 
Motion by Gibbs, seconded by Bowden, to approve resolution # 37-2014 “Vacation of Final Plat of Emerald Valley Estates-Phase 4”.  Ayes:  Gibbs, Bowden, McCartney
 
Resolution # 37-2014
“Vacation of Final plat of Emerald Valley Estates-Phase 4”
 
WHEREAS, the final plat of Emerald Valley Estates-Phase 4 was filed in the Clayton County Recorder’s Office on May 1, 2013, in Plat Book 37, page 20, as document # 2013-R01764,
 
WHEREAS, the purpose for Phase 4 no longer exists,
 
WHEREAS, the owner intends to sell the property as one large lot for agricultural purposes,
 
WHEREAS, all property owners within five hundred feet received notice of the petition for vacation and a notice of the hearing.  Of which no objections to the vacation of the plat have been made,
 
WHEREAS, George W. & Terry L. Leonard petitioned on November 26, 2014,  the Clayton County Board of Supervisors to vacate the final plat of Emerald Valley Estates-Phase 4 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 December 10, 2014, and December 17, 2014, for a public hearing to be held on December 29, 2014,
 
WHEREAS, FreedomBank is the only mortgagee of the property and has consented to the vacation of the plat,
 
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 George & Terry Leonard’s “Petition to Vacate Final Plat” as filed with the Board of Supervisors on November 26, 2014, should be and hereby is granted.
 
BE IT FURTHER RESOLVED that said “Final Plat of Emerald Valley Estates-Phase 4” 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 Bowden, seconded by Gibbs, to approve the minutes of December 15, 2014.  Ayes:  Gibbs, Bowden, McCartney
 
/s/ Ron McCartney, Chairman, Board of Supervisors
Attest:  /s/ Dennis Freitag, Clayton County Auditor

Board of Supervisors Minutes - December 15, 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 the minutes of December 8, 2014.  Ayes:  Gibbs, Bowden, McCartney
 
            Motion by Gibbs, seconded by Bowden, to approve resolution # 36-2014 “Implementing IRS rule change to the Clayton County Cafeteria Benefits Plan”.  Ayes:  Gibbs, Bowden, McCartney
 
Resolution # 36 -2014
Implementing IRS rule change to the Clayton County Cafeteria Benefits Plan
 
WHEREAS, the Internal Revenue Service has issued a new rule regarding carryover of medical flexible spending account balances to the next plan year,
 
WHEREAS, it is the desire of the Clayton County Board of Supervisors to implement this rule into the Clayton County Cafeteria Benefits Plan,
 
THEREFORE BE IT RESOLVED by the Clayton County Board of Supervisors that the officers of the County are hereby authorized and directed to amend the Clayton County Cafeteria Benefits Plan effective for Plan Years beginning on or after January 1, 2013, to implement a $500.00 carryover authorized by IRS Notice 2013-27. 
 
The Board travelled with the County Engineer to visit the Evergreen Road Box Culvert Replacement project and the Iowa Ave. Bridge Replacement project.
 
/s/ Ron McCartney, Chairman, Board of Supervisors
Attest:  /s/ Dennis Freitag, Clayton County Auditor