Waterloo, Iowa October 2, 2018

The Board of Supervisors of the County of Black Hawk, in the State of Iowa, met in regular adjourned meeting at the Courthouse in Waterloo, County Seat of said County, at nine o’clock (9:00) a.m., pursuant to law, to the rules of said Board, and to adjournment. The meeting was called to order and on roll call there were present: Linda Laylin, Frank Magsamen, Chris Schwartz and Craig White, Chair.
Absent: Tom Little.
Unless otherwise noted, all actions were approved unanimously.
Moved by Laylin, seconded by Magsamen that the AGENDA be received and place on file with the County Auditor as approved. Motion carried.
The Board of Supervisors acknowledged the following employees for years of service: Beth A. Van Lengen of the Treasurer’s Office for 40 years of service; Lauri M. Kohlmeyer of Country View for 25 years of service; Lori A. Stoler of the Treasurer’s Office for 20 years of service.
Laylin moved the following resolution seconded by Magsamen.
BE IT HEREBY RESOLVED by the Board of Supervisors of Black Hawk County, that the Board of Supervisors APPROVE EXPENDITURES, and that the County Auditor be authorized and directed to ISSUE CHECKS, against the various settlement of such claims as allowed:
GENERAL BASIC FUND
IPERS ipers 108,369.98
COLLECTION SVC CTR oth pay 649.63
IRS fed pay 56,871.95
IA DEPT OF REV state pay 28,501.61
IPERS ipers 107,285.61
SSA fica 94,248.46
CEDAR VALLEY UNITED WAY
oth pay 180.50
ACES svc 20,804.00
ANGEL CHARLES L svc 120.00
B&B LOCK & KEY INC eq 30.25
BREMER CO SHERIFF svc 45.80
CBM MANAGED SVCS food 20,426.77
CDW GOVERNMENT INC eq 794.72
COURIER publ 572.97
HALTOM JENNIFER svc 3.00
HOWARD, KIMBERLY food 70.05
JOHNSTONE SUPL supl 38.94
LAW OFFICE OF CHRISTINA SHRIVER svc 318.00
MAIL SVCS svc 3,891.37
MATT PARROTT/STOREY KENWORTHY supl 137.82
MENARDS WLOO supl 158.38
MINNESOTA CHEMICAL CO supl 285.00
NE IA FOOD BANK alloc 7,500.00
PEHL, KRISTIN rent 232.00
PER MAR SECURITY SVCS
svc 3,338.39
PTS OF AMERICA svc 600.00
RITE PRICE OFFICE SUPL INC
supl 4.37
ROCK STAR REAL ESTATE rent 400.00
WEBER PAPER CO supl 1,139.06
MAGSAMEN , FRANK mil 42.51
MATT PARROTT/STOREY KENWORTHY supl 250.75
SMITH SANDIE mil 109.98
AFLAC ins 2,111.42
AFSCME IOWA COUNCIL 61
oth pay 673.56
COMMUNITY HEALTH CHARITIES IA oth pay 8.00
FIDELITY SECURITY LIFE INS CO
ins 2,205.88
IUPAT DISTRICT COUNCIL 81
oth pay 646.80
MADISON NATL LIFE INS ins 426.05
NATIONWIDE RETIREMENT
def com 6,185.00
NATIONWIDE RETIREMENT
def com 1,287.50
PECU oth pay 23,805.08
TEAMSTERS LOCAL UNION #238
oth pay 2,777.62
TRANSWORLD SYSTEMS INC
oth pay 159.90
US POST OFFICE svc 500.00
5 STAR RENTALS rent 350.00
ABC EMBROIDERY supl 396.00
ABD PROPERTY MGMT rent 775.00
AIMABLE , MOSES & CHANTELLE
rent 225.00
BLACK HAWK RENTAL eq rent 59.00
BOHLMANN-KSM RENTALS, SHANE rent 200.00
BUCHANAN CO SHERIFF svc 39.22
BUTLER CO SHERIFF svc 36.00
CF UTILITIES util 300.00
CENTURYLINK tel 427.52
CENTURYLINK tel 86.78
CENTURYLINK tel 707.98
CENTURYLINK tel 200.96
CENTURYLINK tel 104.28
CENTURYLINK tel 121.24
COOLEY & COOLEY REAL ESTATE
rent 225.00
COVENANT MEDICAL CTR INC
svc 765.00
DICKEYS PRINTING supl 160.00
DICKINSON CO SHERIFF svc 102.00
EQUITY VESTORS rent 225.00
EVELAND JOHN rent 200.00
FEDEX svc 366.51
FEDEX svc 20.12
FRY MICHAEL rent 200.00
HARRIS CLEANING SVC & SLS INC
svc 350.00
HAWTHORNE HUTS rent 225.00
IA ASSOC OF BLDG MAINT dues 40.00
IA DEPT OF NATURAL RESOURCES svc 134.00
IA DEPT OF PUBLIC HEALTH
supl 284.72
IA ENVIRONMENTAL HEALTH ASSN educ 600.00
IOWA PRISON INDUSTRIES
eq rpr 500.00
JOHNS AUTO BODY prts/lbr 212.00
JOHNSON , LINDA svc 8.50
JOHNSON CO svc 39.63
JONES , MICHAEL K rent 225.00
JUNKMAN KNOEBEL CTR rent 200.00
KA INVESTMENTS rent 200.00
KOENIG SCOTT supl 200.00
LINDA HALL LAW FIRM & MEDIATION SVCS svc 114.00
LINN CO svc 72.18
MCCARTER JOHN L svc 160.20
METRO INVESTMENTS rent 225.00
MID AMERICAN ENERGY/SPEC ACCT util 1,594.76
NELSON LARRY rent 250.00
NORTH STAR REALTORS rent 475.00
POLK CO SHERIFF svc 193.00
PRESERVE AT CROSSROADS
rent 250.00
PUBLIC SAFETY GROUP svc 1,040.00
REHMAT TRADERS ref 16.88
RICOH USA INC maint 845.41
S&S DURA-LINE TRAILERS eq 5,544.00
SHRED MASTER INC svc 58.52
SPEE DEE DELIVERY SVC INC
svc 166.14
SPEEDPRO IMAGING, SPEEDPRO IMAGING supl 825.00
TRASK, CONNIE mil 8.89
TURN KEY PROPERTY SVCS
rent 450.00
UNITY POINT – ALLEN HOSPITAL
svc 497.00
VERIDIAN CREDIT UNION rent 200.00
VERIZON WIRELESS svc 160.04
W S DARLEY & CO eq 2,031.41
WLOO WATER WORKS wtr 6,652.22
WLOO WATER WORKS wtr 591.71
WELLINGTON PARK APTS rent 225.00
WILKEN PROPERTIES rent 200.00
WINDSTREAM IA COMMUNICATIONS tel 3,341.44
YAZOO CO REGIONAL CORRECTIONAL FACILITY svc 450.00
YOUNG PLBG & HEATING CO
supl 91.08
HAGARTY CHAD misc 214.00
HEWITT , KIM mil 16.77
STAINBROOK ADAM misc 525.14
STOCKDALE MAUREEN mil 71.37
DLOUHY, TONYA ref 46.00
FREDERICKSON, CRYSTAL ref 92.00
LICKTEIG, ANDREW ref 15.00
OTT, MOLLY ref 92.00
GENERAL SUPPLEMENTAL FUND IPERS ipers 1,038.29
IRS fed pay 569.56
IA DEPT OF REV state pay 362.00
IPERS ipers 1,384.75
SSA fica 1,298.72
MATT PARROTT/STOREY KENWORTHY supl 21.20
NATIONWIDE RETIREMENT
def com 330.00
CENTRAL IA JUVENILE DET CTR
svc 83.00
COLLEGE SQ REALTY rent 100.00
PEDERSEN DOWIE CLABBY MCCAUSLAND INS ins 40.18
WINDSTREAM IA COMMUNICATIONS tel 15.82
COUNTY SERVICES FUND
IPERS ipers 3,058.66
IRS fed pay 1,621.48
IA DEPT OF REV state pay 921.00
IPERS ipers 3,062.71
SSA fica 2,839.46
CEDAR VALLEY UNITED WAY
oth pay 18.00
RITE PRICE OFFICE SUPL INC
supl 15.06
AFLAC ins 6.16
FIDELITY SECURITY LIFE INS CO
ins 108.36
IUPAT DISTRICT COUNCIL 81
oth pay 27.11
MADISON NATL LIFE INS ins 22.90
NATIONWIDE RETIREMENT
def com 165.00
PECU oth pay 25.00
WINDSTREAM IA COMMUNICATIONS tel 75.27
RURAL BASIC FUND
IPERS ipers 10,163.52
IRS fed pay 4,708.31
IA DEPT OF REV state pay 2,315.39
IPERS ipers 9,732.85
SSA fica 7,602.88
AFLAC ins 181.86
FIDELITY SECURITY LIFE INS CO
ins 153.84
MADISON NATL LIFE INS ins 16.25
NATIONWIDE RETIREMENT
def com 125.00
PECU oth pay 3,999.42
TEAMSTERS LOCAL UNION #238
oth pay 585.86
SECONDARY ROADS FUND
IPERS ipers 13,729.77
IRS fed pay 7,403.02
IA DEPT OF REV state pay 3,914.00
IPERS ipers 13,655.40
SSA fica 12,652.58
CEDAR VALLEY UNITED WAY
oth pay 25.00
ACCESS SYSTEMS supl 208.00
ACES svc 31.50
ANTON SALES eq 79.23
BMC AGGREGATES supl 15,513.44
MANATTS eq 163.50
MENARDS CF prts 84.22
RITE PRICE OFFICE SUPL INC
supl 75.59
SCOTS SUPL CO INC prts 14.63
AFLAC ins 65.70
FIDELITY SECURITY LIFE INS CO
ins 461.52
MADISON NATL LIFE INS ins 65.70
NATIONWIDE RETIREMENT
def com 430.00
NATIONWIDE RETIREMENT
def com 25.00
PECU oth pay 1,897.00
TEAMSTERS LOCAL UNION #238
oth pay 1,531.00
CF UTILITIES util 74.23
CENTURYLINK tel 52.14
DUMONT IMPLEMENT CO INC
eq 750.13
E CENTRAL IA COOP supl 1,760.00
CITY OF GILBERTVILLE util 68.54
IOWA PRISON INDUSTRIES eq 683.25
MID AMERICAN ENERGY util 68.25
MIDWEST WHEEL COMPANIES
supl 758.76
NAPA AUTO PARTS prts 427.83
PAUL NIEMANN CONSTRUCTION
svc 20,544.13
VERIZON WIRELESS svc 555.79
WLOO WATER WORKS util 717.08
WAVERLY TIRE CO supl 66.00
WINDSTREAM IA COMMUNICATIONS tel 35.91
JAIL COMMISSARY FUND
IPERS ipers 193.70
IRS fed pay 94.29
IA DEPT OF REV state pay 32.00
IPERS ipers 200.17
SSA fica 194.74
KEEFE SUPL CO food 2,887.50
MCKEE FOODS food 114.88
PENNY MARKETING supl 114.17
RURAL WATER FUND
WLOO WATER WORKS wtr 117.83
RURAL SEWER FUND
CEDAR VALLEY PUMP eq rpr 4,845.69
URBAN SVCS svc 1,045.00
INSURANCE TRUST FUND
EMPLOYEE BENEFITS CORP
ins 207.00
NAVITUS HEALTH SOLUTIONS
ins 19,424.32
PREFERRED ONE INS CO
ins 123,320.23
DELTA DENTAL PLAN OF IA
ins 27,034.07
FLEXIBLE SPENDING FUND EMPLOYEE BENEFITS CORP
flx sp 278.80
EMPLOYEE BENEFITS CORP
flx sp 3,750.92
SOLID WASTE ADMIN FUND
IPERS ipers 653.39
IRS fed pay 418.47
IA DEPT OF REV state pay 238.00
IPERS ipers 653.39
SSA fica 635.54
E911 SERVICE COMMISSION FUND
E CENTRAL IA RURAL ELEC util 145.92
CF UTILITIES util 311.92
CENTURYLINK tel 1,178.58
CENTURYLINK tel 32.70
CENTURYLINK tel 94.10
CENTURYLINK tel 43.60
CENTURYLINK tel 165.06
MID AMERICAN ENERGY util 590.41
MID AMERICAN ENERGY util 344.34
EMERGENCY MANAGEMENT FUND IPERS ipers 599.74
IRS fed pay 344.29
IA DEPT OF REV state pay 179.00
IPERS ipers 599.74
SSA fica 575.62
CEDAR VALLEY UNITED WAY
oth pay 3.00
FIDELITY SECURITY LIFE INS CO
ins 8.36
NATIONWIDE RETIREMENT
def com 50.00
CENTURYLINK tel 58.58
HAZARDOUS MAT REG TRAINING CTR misc 1,420.35
COUNTY ASSESSOR FUND
IPERS ipers 4,487.62
IRS fed pay 2,153.58
IA DEPT OF REV state pay 1,239.00
IPERS ipers 4,495.81
SSA fica 4,250.36
CEDAR VALLEY UNITED WAY
oth pay 1.00
COMMERCIAL APPRAISERS OF IA
svc 3,300.00
MARCO INC maint 185.23
WELLMARK ins 13,136.87
FIDELITY SECURITY LIFE INS CO
ins 93.64
MADISON NATL LIFE INS CO ins 53.05
NATIONWIDE RETIREMENT
def com 1,445.00
NATIONWIDE RETIREMENT
def com 145.00
PECU oth pay 2,491.00
WINDSTREAM IA COMMUNICATIONS tel 57.83
DVORAK MICHAEL C mil 31.07
AYES: Laylin, Magsamen, Schwartz, White.
NAYS: None.
ABSENT: Little.
Resolution adopted.
Schwartz moved the following resolution seconded by Laylin.
BE IT HEREBY RESOLVED by the Board of Supervisors of Black Hawk County, that the Board of Supervisors APPROVE EXPENDITURES, and that Country View Care Facility be authorized and directed to ISSUE CHECKS, against the various settlements of such claims as allowed:
COUNTRY VIEW ENTERPRISE FUND
ABDUR RAHIM mile 1,521.25
ALLEN MEMORIAL HOSP svc 325.16
ALLEN OCCUPATIONAL HEALTH SVCS svc 1,852.00
ANDERSON ERICKSON DAIRY
food 621.24
B&B LOCK & KEY svc 97.50
BHC HEALTH DEPT svc 579.06
CENTURYLINK util 59.90
CRESCENT ELECTRIC SUPL CO
supl 145.87
DIRECTV util 697.44
EARTHGRAINS BAKING CO food 87.84
FIX TIRE CO eqp rpr 150.07
HORIZON HCS INC svc 719.98
INQUIREHIRE svc 25.00
MARTIN BROS food/supl 8,356.91
MCKESSON MEDICAL-SURGICAL
supl 902.59
MIDAMERICAN ENERGY CO
util 9,251.38
NETWORK SVCS CO svc 2,026.54
OKEEFE ELEVATOR CO INC
eqp rpr 260.00
STANLEY HEALTHCARE svc 417.50
UNITYPOINT CLINIC PSYCHIATRY
svc 120.00
WLOO WATER WORKS util 2,337.95
AYES: Laylin, Magsamen, Schwartz, White.
NAYS: None.
ABSENT: Little.
Resolution adopted.
RECEIVE PROJECT UPDATES FROM DEPARTMENT HEADS/ELECTED OFFICIALS. County Engineer Cathy Nicholas said some roads were closed due to flooding in south-central Black Hawk County, but were expected to be open soon, while roads near the Wapsipinicon River were expected to close. She said the contractor on Elk Run Road was encountering problems, but would patch potholes as quickly as possible.
Moved by Magsamen, seconded by Schwartz that the MINUTES of the Board Meeting held September 25, 2018 be and are hereby approved as submitted. Motion carried.
CONSENT AGENDA
Laylin moved the following RESOLUTION seconded by Schwartz.
A. TO APPROVE, RECEIVE, PLACE ON FILE WITH THE COUNTY AUDITOR
1. The Board of Supervisors APPROVE INTERGOVERNMENTAL JOURNAL ENTRIES, and that the County Auditor be authorized and directed to TRANSFER monies within the various funds as submitted. (None submitted)
2. The CERTIFICATE OF INSURANCE for Aramark Uniform & Career Apparel, East-Central Iowa REC, Greentree Transportation Company, Holbach Enterprises, L.E. Meyers Co., Neils Jorgensen Company D/B/A Kiln-Direct.com, and Restoration Services.
B. TO RECEIVE AND PLACE ON FILE WITH THE COUNTY AUDITOR
1. The FY18 First Judicial District Department of Correctional Services Financial Report.
AYES: Laylin, Magsamen, Schwartz, White.
NAYS: None.
ABSENT: Little.
Resolution adopted.
CONSENT AGENDA ENDS
Laylin moved the following resolution seconded by Schwartz.
BE IT HEREBY RESOLVED that the contract EXTENSION for Holbach Enterprises d/b/a Randall’s Inc. for deli services at the Courthouse for the term October 2, 2018 to October 1, 2019 be approved as recommended by Rory Geving, Maintenance Superintendent.
AYES: Laylin, Magsamen, Schwartz, White.
NAYS: None.
ABSENT: Little.
Resolution adopted.
The Board of Supervisors discussed the agenda item on the AGREEMENT between Black Hawk County and Pritok Capital LLC for the conveyance of the Country View Care Facility. Project attorney Eric Johnson said that a final agreement has been negotiated, but he does not yet have a signed contract from Pritok, and he expects it will arrive soon and the Board can vote on it October 9. Mark Spore said his daughter worked at Country View for many years, and wondered if the county was going to take care of the employees. White said that Pritok would deal with them. Laylin said that such issues will be discussed with Pritok between signing the agreement and the closing. Magsamen said that the county will honor current contracts with the affected bargaining units.
Laylin moved the following resolution seconded by Schwartz.
BE IT HEREBY RESOLVED that the MINOR PLAT OF SURVEY submitted by Arnold Delagardelle to minor plat 4.85 acres located at 6343 Waverly Road into three lots. A 4.69 acres zoned “A-R” Agricultural Residential District and .16 acres zoned as “A” Agricultural District. The property in question is located at 6343 Waverly Road approximately 2,000 feet North of the Waverly Road and West Mount Vernon Road intersection, and if approved that the County Auditor be directed to certify a copy of this Resolution for the Black Hawk County Recorder.
AYES: Laylin, Magsamen, Schwartz, White.
NAYS: None.
ABSENT: Little.
Resolution adopted.
Laylin moved the following resolution seconded by Schwartz.
BE IT HEREBY RESOLVED to direct the Board of Supervisors to approve and sign the application for a Special Permit requested by the Iowa Regional Utilities Association to construct a 12’-6” X 25’-6” building/generator and water booster pump station located at E of 1818 E Cedar Wapsi Road as recommended by Seth Hyberger, Zoning Administrator.
Hyberger said that the land has a high agricultural value, but the installation is a critical piece of infrastructure for getting water to an agricultural area.
AYES: Laylin, Magsamen, Schwartz, White.
NAYS: None.
ABSENT: Little.
Resolution adopted.
County Social Services (CSS) CEO Bob Lincoln discussed his request to have Black Hawk County act as employer of record for a cross-district I-START (Systemic, Therapeutic, Assessment, Resources & Treatment) coordinator, but first he gave an update on the CSS 22-county region. He said they finished FY18 $2.4 million over budget because AmeriHealth Caritas withdrew from the Iowa Medicaid managed care program and CSS had to fund services from its own resources. He described the changes made to address the crisis, which he said is now resolved. He said that CSS was well served by its reserves, which are a problem statewide, because the legislature expects the regions to spend them down, which some regions will do by not levying for services, which will have to be addressed when the reserves are gone. Magsamen said that services to those under 18 are lacking, while the money being put in the system is being reduced. He said that ways of treating children rather than just with medication need to be used. Schwartz said that crisis services are worthwhile, but preventive strategies are just as important. Lincoln said one area that CSS is stressing is public awareness, including its publicly offered Mental Health First Aid curriculum. He said they have also expanded telepsychiatry, which appears to be the best way to reach remote areas with psychiatric services.
Lincoln said other regions of the state would like access to CSS’s successful I-START program, which would mean having a coordinator from CSS working in other regions, and he would like Black Hawk County to initially be the employer of record, with CSS eventually taking over. Human Resources Director Debi Bunger said that having an employee living so far out of the county would be a challenge, since Black Hawk County would be responsible for health and worker’s compensation insurance and other benefits, with all that implies. Lincoln said that the East Central Region, which includes Linn County, would pay the full cost of the coordinator and a portion of other costs, saving CSS over $200,000. He said that CSS is working toward a July 1, 2019 date for becoming an employer of record (all CSS-involved employees are currently under counties as employers of record). Magsamen asked Assistant County Attorney Peter Burk if the county would face undue liability. Burk said there would be the same liability as with any other employee, but he saw no major legal problems.
Schwartz moved the following resolution seconded by Magsamen.
BE IT HEREBY RESOLVED that Black Hawk County be the employer of record for County Social Service’s cross-region I-START coordinator, to be evaluated in one year.
Schwartz said it has been a revenue producer for our region.
AYES: Laylin, Magsamen, Schwartz, White.
NAYS: None.
ABSENT: Little. Resolution adopted.
At Nine-fifty-six o’clock (9:56) a.m., a public hearing was held as provided by law in the Board Room 201 of the Black Hawk County Courthouse, Waterloo, Iowa at which time all interested persons could appear to file objections on the request submitted by Kelley Busch at 1902 E Schrock Road to rezone 3.32 acres from “A” Agriculture District to “C-M” Commercial Manufacturing District to allow for a commercial dog kennel and out-door weddings at their arboretum. The property is legally described as: THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER, EXCLUDING THE NORTH 50 FEET THEREOF, ALSO EXCLUDING PARCEL “A” OF PLAT OF SURVEY DOC. NO. 2009-10827, ALL IN SECTION 35, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE FIFTH PRINCIPAL MERIDIAN BLACK HAWK COUNTY, IOWA
The Board of Supervisors examined proof of publication of notice and determined that the notice had been published on September 21, 2018 in the Courier in accordance with the requirements of the Code of Iowa.
Moved by Magsamen, seconded by Laylin to receive and place on file proof of publication of notice of public hearing. Motion carried.
Moved by Magsamen, seconded by Laylin to waive the first reading. Motion carried.
Moved by Laylin, seconded by Magsamen to close the hearing and oral and written comments were received and placed on file.
Seth Hyberger of Planning and Zoning said that the kennel has operated for four years with no neighbor complaints. Magsamen asked if there were any concerns from law enforcement. Hyberger said none that he was aware of. Schwartz asked if any breeding was involved. Ms. Busch said no, just boarding and grooming. Motion carried.
Laylin moved the following resolution seconded by Schwartz.
WHEREAS, a public hearing was held on October 2, 2018 at Nine-fifty-six o’clock (9:56) a.m., on the request submitted by Kelley Busch at 1902 E Schrock Road to rezone 3.32 acres from “A” Agriculture District to “C-M” Commercial Manufacturing District to allow for a commercial dog kennel and out-door weddings at their arboretum, and
WHEREAS, “An Ordinance Amending Ordinance No. 36, as Amended, the Black Hawk County, Iowa, Agricultural Preservation Zoning Ordinance Adopted February 2, 1999, by adding Subsection No. 220 to Section VI (B), Rezoning Certain Property” as described on the above request submitted by Kelley Busch and to consider same for adoption and if adopted would be known as Ordinance no. 77-220, and
WHEREAS, §331.302(5) of the Code of Iowa allows the Board of Supervisors to suspend by majority vote the requirement to consider and vote on a proposed ordinance at two meetings of the board prior to the meeting at which it is to be fully passed, and
WHEREAS, there were no corrections to the ordinance,
NOW THEREFORE BE IT HEREBY RESOLVED that the rules requiring the Board of Supervisors to consider and vote on a proposed ordinance at two prior meetings be suspended.
AYES: Laylin, Magsamen, Schwartz, White.
NAYS: None.
ABSENT: Little.
Resolution adopted.
Laylin moved the following ordinance seconded by Schwartz.
WHEREAS, “An Ordinance Amending Ordinance No. 36, as Amended, the Black Hawk County, Iowa, Agricultural Preservation Zoning Ordinance Adopted February 2, 1999, by adding Subsection No. 220 To Section VI (B), Rezoning Certain Property” as described on the above request submitted by Kelley Busch and to consider same for adoption and if adopted would be known as Ordinance No. 77-220, and
WHEREAS, pursuant to §331.302(5) of the Code of Iowa, the Board of Supervisors has suspended by majority vote the requirement to consider and vote on a proposed ordinance at two meetings of the board prior to the meeting at which it is to be finally passed, and
NOW THEREFORE BE IT HEREBY RESOLVED that the same is hereby zoned acres from “A” Agriculture District to “C-M” Commercial Manufacturing District, and the ordinance is hereby adopted and known as Ordinance No. 77-220.
AYES: Laylin, Magsamen, Schwartz, White.
NAYS: None.
ABSENT: Little.
Ordinance adopted.
At ten-oh-one o’clock (10:01) a.m., a public hearing was held as provided by law in Board Room 201 of the Black Hawk County Courthouse, 316 E. 5th Street, Waterloo, Iowa at which time all interested persons could appear to file objections on to rescind Ordinance #17 – The Shock Gun Ordinance and Ordinance #129 – Shock Guns, Section No. 3-4-2.
Moved by Magsamen, seconded by Schwartz to receive and place on file proof of publication of notice of public hearing. Motion carried.
Moved by Laylin, seconded by Schwartz to close the hearing and oral and written comments were received and placed on file. County Sheriff Tony Thompson said when the ordinance was written, shock gun technology hadn’t evolved to the point it has now, where there are shock guns that shoot a projectile as well as guns that give a shock by direct contact. He said the Iowa Supreme Court has ruled that the projectile-shooting weapons are considered a dangerous weapon, which requires a permit, but a new Iowa law says that the direct-shock stun guns do not require a permit, which negates the county’s ordinance. County Attorney Brian Williams said that the stun gun is now listed in the exceptions to the dangerous weapon law. Motion carried.
Magsamen moved the following resolution seconded by Laylin.
WHEREAS, a public hearing was held on October 2, 2018 at Nine-oh-o’clock (9:) a.m., on rescinding Ordinance No. 17, the Black Hawk County, Iowa Shock Gun Ordinance adopted September 3, 1985 and Ordinance No. 129, the Black Hawk County, Iowa Shock Guns, Section No. 3-4-2, and
WHEREAS, §331.302(5) of the Code of Iowa allows the Board of Supervisors to suspend by majority vote the requirement to consider and vote on a proposed ordinance at two meetings of the board prior to the meeting at which it is to be fully passed, and
WHEREAS, there were no corrections to the ordinance,
NOW THEREFORE BE IT HEREBY RESOLVED that the rules requiring the Board of Supervisors to consider and vote on a proposed ordinance at two prior meetings be suspended.
AYES: Laylin, Magsamen, Schwartz, White.
NAYS: None.
ABSENT: Little.
Resolution adopted.
Magsamen moved the following ordinance seconded by Laylin.
WHEREAS, a public hearing was held on October 2, 2018 at ten-oh-one (10:01) a.m., on rescinding Ordinance No. 17, the Black Hawk County, Iowa Shock Gun Ordinance adopted September 3, 1985 and Ordinance No. 129, the Black Hawk County, Iowa Shock Guns, Section No. 3-4-2, and
WHEREAS, pursuant to §331.302(5) of the Code of Iowa, the Board of Supervisors has suspended by majority vote the requirement to consider and vote on a proposed ordinance at two meetings of the board prior to the meeting at which it is to be finally passed, and
NOW THEREFORE BE IT HEREBY RESOLVED that Ordinance No. 17, the Black Hawk County, Iowa Shock Gun Ordinance adopted September 3, 1985 and Ordinance No. 129, the Black Hawk County, Iowa Shock Guns, Section No. 3-4-2, be rescinded.
AYES: Laylin, Magsamen, Schwartz, White.
NAYS: None.
ABSENT: Little.
Ordinance rescinded.
ANY REPORTS OR INFORMATION FROM THE BOARD. White thanked those who came to the annual 45-Hour Vigil honoring the 45 soldiers from Black Hawk County killed in action or missing in action during the Vietnam War. He hoped it would be expanded next year to include later wars.
On motion and vote the meeting adjourned.
Craig White, Chair, Board of Supervisors
Grant Veeder, County Auditor