**These Minutes were drafted by Cedar County**
TIPTON, IOWA September 21, 2009
The Cedar County Board of Supervisors met in regular session at 8:30 A.M.,
September 21, 2009 with the following members present: Boedeker, Deerberg, Moeller, Weih and Chairperson Bell.
The Board recited the Pledge of Allegiance.
The Board acknowledged receipt of the agenda of the October 2, 2009 U.S. Highway 30 Coalition meeting.
The Board acknowledged receipt of a copy of correspondence from Dan Jones, Iowa Homeland Security and Emergency Management System to Phil La Rue, Environmental & Zoning Director regarding a whole house salvage update. The Board met with Dick Grimoskas, Superintendent of the Tipton Community Schools and Joe Burnett, Superintendent of the Wilton Community Schools to discuss a possible property tax abatement for 2008 flood damaged properties and the effect of such an abatement on their revenue. The Superintendents of West Branch and West Liberty Schools were contacted about this meeting, but were unable to attend. Auditor Gritton, Assessor Lett, Deputy Assessor Manson and Treasurer Jedlicka were in attendance. Chairperson Bell noted no final decision has yet been made concerning a tax abatement. It was noted the Board is considering abating the second half of the property taxes. Information was distributed concerning the “worse case” scenario of the revenue that would not go to the schools in the affected districts. Discussion was held. Mr. Grimoskas and Mr. Burnett left the room.
Discussion continued with the Auditor, Assessor, Deputy Assessor and Treasurer. FEMA funds cannot be used to pay taxes. An Interim Mortgage Assistance Program was discussed. It was noted that some of those on the proposed flood buyout list may already have been given funds to pay their property taxes. It was the consensus of the Board that they would not allow an abatement of the second half taxes, if the first half taxes have not been paid. Discussion was held regarding other possible criteria to check before an abatement is approved, if the Board makes a final decision to allow abatement of property taxes for properties damaged by the 2008 flood. The Auditor will obtain information from Tim Malott, Emergency Management Director, concerning individuals that have received FEMA funds.
The Board held a joint meeting with the Johnson County Board of Supervisors to consider closing and vacating the following described road and right-of-way:
All that part of the Johnson-Cedar County Line Road in Section 18, Township 81 North, Range 04 West of the 5th P.M., Cedar County, Iowa, lying east of the following described line: Commencing at the West Quarter Corner of said Section 18; thence North along the west line of the Northwest quarter of said Section 18 a distance of 47 feet, more or less, to a point of intersection with the said west line of the Northwest quarter and the extension of the southerly right-of-way line of the vacated 185th Street, also being the Point of Beginning of the line herein described:
thence continuing Northerly along the said west line of the Northwest quarter a distance of 1299 feet, more or less, to a point of intersection with the said west line of the said Northwest quarter and the northerly right-of-way line of Johnson County’s 145th Street.
The Johnson-Cedar County Line road is 66 feet in width. This matter was previously considered at a public hearing on July 30, 2009 at Johnson County. The following were present: Cedar County Engineer Rob Fangmann; Johnson County Supervisors Terrence Neuzil (Chair), Sally Stutsman, Pat Harney and Rod Sullivan; Executive Assistant to the Johnson County Board of Supervisors Andy Johnson, Johnson County Engineer Greg Parker; and Ardeth Wray. Chairperson Bell read the agenda item. Engineer Fangmann addressed the Boards. He summarized previous discussion at the public hearing held on July 30, 2009. Fangmann noted that since that hearing Johnson County has followed their Level B policy, which mimics Cedar County’s policy. He referenced the 28E Agreement with Johnson County concerning the maintenance of this segment of road. If the road were to be vacated, a typical easement situation would be that the property would go back to the property established on the peoples’ deeds, which may not be down the center of the current road. Fangmann noted a vacation would affect Michele Platt and the “three sisters” area. He thought that following the Level B policy doesn’t appear to be acceptable to the residents. Fangmann felt upgrading to a Level A road is not necessarily an option. Engineer Fangmann recommended proceeding with vacation of the road. Chairperson Bell asked if Johnson County received any other public comments prior to 5 p.m. on July 30th. Engineer Parker was not aware of any. Sup. Weih asked if there was a utility issue. Fangmann noted Iowa Telecom was present at the public hearing and had expressed concern about maintaining utilities. Sup. Moeller asked if there were residents living along the road. Ardeth Wray noted there is a renter residing there, and a property owner is there part-time. The length of travel for Cedar County to maintain the road is four miles. Sup. Boedeker asked if the vacation is approved, would it follow the center of the road or the property line. Fangmann said the property line, and noted when an easement is vacated, they are giving up the rights for us to be there, which falls upon your property line. Engineer Fangmann presented a drawing that shows both sides of the road and the section line, which typically is where property is described to. He felt that usually residents give each other easements to do work. Fangmann noted that typically there are avenues to pursue to make sure there’s ingress and egress. Sup. Moeller asked Mrs. Wray if she had spoken with her neighbors about easements. Mrs. Wray indicated there have been arguments about maintenance. She indicated she could care less because she doesn’t use the road, but she felt the other property owner needs the road to get in and out. Mrs. Wray felt it is unfair for Michele Platt to be cut off from services or access for herself and her renter. Sup. Moeller noted an easement would have to be legally established and recorded. Mrs. Wray indicated if she puts a fence down the road, there is only one corner where Michele Platt would have access, and it goes into a deep ravine. Ardeth Wray doesn’t feel that she needs to pay half of the rock cost and maintain the road when she doesn’t use it. She did feel that the County owes Michele Platt access to her home. Chair Neuzil reviewed the following options: 1)to vacate as a Level B road collectively; 2)to leave it as a Level B road as is without maintenance; 3)to leave it as a Level B Road and agree to provide maintenance; or 4)to upgrade the road to a Level A service. He felt it would be nice to not have one Board vacate it and one Board not vacate it. He is uncomfortable vacating a road if residents don’t want that, and he noted in this case there are two residents that do not want the road vacated. Chair Neuzil wanted to ask the residents today, if the road is left as a Level B and Johnson County’s policy is followed, would they be okay with that. He wondered would the residents rather have the Level B road remain as is without maintenance, or would they rather have it vacated without maintenance, but either way, the residents would be responsible for maintenance of the road. Ardeth Wray indicated she would like the road left as is, with grading done once or twice per year. She and her family have cut brush along the road. She felt the turnaround would be easier for everyone at the end of the road. Chair Neuzil asked Engineer Parker what the maintenance would be on the Level B road. Engineer Parker noted they would follow the Level B policy, which would include blading one or two times upon request, most likely in the Spring and Fall, and the residents would trim the trees for the equipment. Mrs. Wray noted her ground will be coming out of the C.R.P. and will be farmed next year, so the gates to the field will be needed. Mr. Parker indicated a long-term employee who is now retired had not followed the Level B maintenance policy. Snow and ice are not to be taken care of in the winter. Engineer Fangmann noted that in Cedar County there are residents on a Level B road that maintain a road to a Level A road. Chairperson Bell agreed with Chair Neuzil that the Boards should try to make an identical decision. This road lies in Johnson County’s jurisdiction due to the 28E Agreement, so Bell felt the Cedar County Supervisors would probably look to Johnson County for leadership on this matter. Sup. Harney had concerns with people living there, the bridge being out on the Cedar County side, and not providing adequate access. He felt the residents are being cut off unfairly unless he can be convinced otherwise. Sup. Harney felt at this time they’d be better off with a shared agreement in a 28E Agreement and providing access. A 28E Agreement was previously approved by both boards. Chair Neuzil noted the Johnson County Supervisors are planning to make their official vote on Thursday in Johnson County. Sup. Sullivan indicated the Johnson County Board of Supervisors is split on this matter. He felt that Mrs. Wray has never caused a problem concerning complaining about the level of service. Sup. Sullivan thought the other individual doesn’t accept the policy and has probably taken 50 or 60 hours of Secondary Roads time in terms of demanding the level of service that they don’t provide. He noted there is minimal maintenance on a Level B road. Mr. Sullivan felt if the individual doesn’t accept the policy, then she could take it on as her own driveway, but she won’t do that either. He thought the only decision that would be acceptable to her would be paving the road. Sup. Sullivan thought they are here to get rid of the problem because they don’t have time to spend on this 200 feet of dirt road. Mrs. Wray felt the only cost to the County would be a load of rock once a year. Chairperson Bell noted the Level B policy doesn’t provide for any rock. Sup. Sullivan agreed. He is concerned about what kind of door will be opened if they rock for one of the 10 to 12 residences that they have on Level B roads. Sup. Harney asked if this was a Level B road prior to Cedar County closing the bridge. Sup. Boedeker said yes, noting the Cedar County road was upgraded to a Level A after the bridge was taken out. He reviewed the history of why the bridge was taken out and the road was upgraded. Mrs. Wray stated that at the time that was done they weren’t notified, and they lost access to about 12 acres. Sup. Moeller felt adjoining property owners would have been notified. Sup. Stutsman looks at this situation as managing resources, and she felt they don’t gain anything by trying to maintain the road and keeping one owner happy. She felt Michele Platt would not be happy with a Level B service road. Sup. Stutsman felt it would be cleaner and better to vacate this, and Platt can then have a private driveway. Sup. Harney wouldn’t have a problem with that, except there is not just one owner involved. Mrs. Wray noted if the road is closed, Michele Platt would have to create a new driveway. Chairperson Bell noted that by closing this road, they are not denying anyone access to their property. Engineer Fangmann reviewed a drawing with Sup. Harney to show him where access would be. Chairperson Bell wanted to narrow the options laid out by Chair Neuzil. Chair Neuzil informally asked the Johnson County Supervisors for their thoughts on this matter. Sup. Stutsman and Sup. Sullivan indicated they would like to vacate the road. Chair Neuzil stated he would not want to vacate the road. Sup. Harney indicated he did not want to vacate the road at this time, and he’d have to take a look at the road again. Chair Neuzil noted that until Sup. Harney is ready to make a decision, the matter would be on hold for perhaps a week or two. The Johnson County Supervisors indicated they are not interested in upgrading the road to a Level A or in changing services on the Level B. Chairperson Bell noted the options as leaving the road as a Level B with the policy as is in Johnson County or to vacate the road. Sup. Boedeker said he is never in favor of closing roads, but he felt the Cedar County Supervisors have to follow the Johnson County Supervisors’ lead since they maintain the road. He noted Cedar County doesn’t want to run around and take care of 200 feet. Sup. Moeller thought Michele Platt had indicated they could give her a couple loads of rock and four years from now they could walk away from the road, and she indicated she’d take care of the road. Sup. Moeller felt the problem is the expected continuation of past maintenance. He referenced a Level C classification, but felt that would not fit in this situation. Sup. Sullivan felt that the Engineer and district person would still be fielding requests. Chair Neuzil wondered if October 1st would be agreeable for making a decision on this matter. Sup. Sullivan felt that the consensus of the Cedar County Supervisors is that they will follow Johnson County’s lead on this matter. Sup. Boedeker did not want to jeopardize the 28E Agreement. Sup. Weih agreed. Chair Neuzil said they would put this matter on their October 1st agenda and forward their decision to the Cedar County Board of Supervisors. Chairperson Bell thanked everyone for coming. He felt they want to cooperate and noted they understand the 28E Agreement is a valuable thing.
Engineer Fangmann met with the Board to review the following items:
A Farm to Market transfer for the material testing of Federal Aid projects BROSC016(70)—5F-16, a bridge replacement project on Taylor Avenue in Section 31 of Massillon Township and STP-S-C016(64)—5E-16, the resurfacing of X30 from West Branch to the Muscatine County Line; right of way contracts for project BROS-C016(71)—5F-16, a bridge replacement project on Washington Avenue in Section 35 of Springfield Township, with Ralph H. Curtis Trust, Thomas Curtis, George Russ, Bethel Russ, David Russ, Gerry Russ and Pearl Russ; a Cedar County Secondary Road Department Snowmobile Route Permit and Agreement with Cedar County Winter Warriors; plans for bridge replacement project #BROS-C016(71)—5F-16 on Washington Ave. in Section 35 of Springfield Township; and Utility Permit Applications.
Engineer Fangmann requested a Farm to Market funds transfer for the material testing of Federal Aid projects BROS-C016(70)—5F-16, a bridge replacement project on Taylor Avenue in Section 31 of Massillon Township and STP-S-C016(64)—5E-16, the resurfacing of X30 from West Branch to the Muscatine County Line. Discussion was held.
Moved by Sup. Deerberg seconded by Sup. Moeller to authorize the Farm to Market funds transfer as requested by the County Engineer for projects BROS-C016(70)—5F-16 and STP-S-C016(64)—5E-16 and authorize Chairperson Bell to sign the same.
Ayes: All
The County Engineer reviewed proposed right-of-way contracts for the Washington Avenue bridge replacement project. Discussion was held. Moved by Sup. Weih seconded by Sup. Boedeker to approve and authorize Chairperson Bell to sign right-of-way contracts for permanent easement as follows for project BROSC016(71)—5F-16, a bridge replacement project on Washington Avenue in Section 35 of Springfield Township:
Thomas L. Curtis .73 acres $3,104.10
Thomas L. Curtis and Sally B. Burgmeier,
Trustees of The Ralph H. Curtis Trust .73 acres $3,104.10
George H. Russ, Bethel Russ, David F. Russ, Gerry Russ
And Pearl Russ .84 acres $2,458.53
Ayes: All
Moved by Sup. Moeller seconded by Sup. Weih to approve and authorize Chairperson Bell to sign a Secondary Road Department Snowmobile Route Permit and Agreement between Cedar County and the Cedar County Winter Warriors effective 11-1-2009 through 4-1-2010.
Ayes: All
Engineer Fangmann reviewed plans for a bridge project on Washington Avenue. Discussion was held.
Moved by Sup. Boedeker seconded by Sup. Deerberg to approve the plans for bridge replacement project #BROS-C016(71)—5F-16 on Washington Ave. in Section 35 of Springfield Township
Ayes: All
Moved by Sup. Deerberg seconded by Sup. Weih to approve and authorize Chairperson Bell to sign a Utility Permit Application for Iowa Telecommunications Service, Inc. for a line to a new house on Newton Avenue south of 290th Street.
Ayes: All
Moved by Sup. Weih seconded by Sup. Moeller to approve and authorize Chairperson Bell to sign a Utility Permit Application for Linn County REC for work along 250th Street west of Echo Avenue.
Ayes: All
General discussion was held with Engineer Fangmann.
Moved by Sup. Deerberg seconded by Sup. Moeller to approve the Board Minutes of September 17, 2009.
Ayes: All
Discussion was held regarding a possible property tax abatement for 2008 flood-damaged properties. The Board held a conference call with Nicole Turpin of the East Central Intergovernmental Association to ask questions about an Interim Mortgage Assistance Program that could possibly be used by property owners for funds to pay their property taxes. Turpin noted this program is only for individuals in the flood buy-out program. Discussion was held. Turpin noted if property owners received funds through the Jumpstart Program to repair their homes, inspections are done to make sure the work has been done. Sup. Boedeker asked if the County could develop a wetland with buyout property. Turpin noted the uses she is aware of, but didn’t know about developing a wetland. The call concluded. Further discussion was held regarding a possible property tax abatement.
On motion, the Board adjourned at 11:25 A.M., to September 24, 2009.
________________________________ _______________________________
Cari Gritton, Auditor Jon E. Bell, Chairperson