STATE OF IOWA ) January 2, 2014 ) Ss: Manchester, Iowa DELAWARE COUNTY ) 1:15 pm

The Delaware County Board of Supervisors met in regular session this date at 1:15 pm with all members present. Also present were, Carolyn Wilson, Anthony Bardgett, Carla Becker, and one (1) member of the media. 2013 Chairperson Jeff Madlom called the meeting to order.

Motion made by Helmrichs, second by Madlom and carried to appoint Supervisor Jerry Ries as Chairperson of the Board of Supervisors for the 2014 calendar year. All Ayes

Motion made by Madlom, second by Ries and carried to appoint Supervisor Shirley Helmrichs as Vice-Chairperson of the Board of Supervisors for the 2014 calendar year. All Ayes

Motion made by Helmrichs, second by Madlom and carried to acknowledge receipt of the following elected official appointments for 2014: Delaware County Auditor’s Office – Carla K. Becker, Auditor Monica Heiserman Deputy Julie Hackbarth Deputy Peggy Hildebrand Deputy Anne Rave Deputy Delaware County Treasurer’s Office – Carolyn A. Wilson, Treasurer Pam Klein 1st Deputy Karol Johnson 1st Auto Deputy Michele Africa 2nd Auto Deputy Barb Robinson Drivers’ License Deputy Delaware County Recorder’s Office – Deborah L. Peyton, Recorder Marsha Mescher Deputy Daneen Schindler Deputy Delaware County Sheriff’s Department – John LeClere, Sheriff Eric Brooks Chief Deputy Michael Wilson Deputy Casey Snyder Deputy/Jail Administrator Eric Holub Deputy Lucas Thomsen Deputy Keith Rowley Deputy Bonney Jo Amsden Deputy Jill Knipper Deputy Matthew Menard Deputy Travis Hemesath Deputy Brian Hillebrand Deputy Clayton Miller Deputy Judy Lee Office Manager Joette Orcutt Jailer Megan Norem Jailer

Lynn Brunsman Jailer Ken Rion Fill-in Jailer Susan Collins Fill-in Jailer Glenn Nystel Fill-in Jailer Paul Loucks Fill-in Jailer Tom Robinson Reserve Captain Walter Zehr Reserve Lieutenant Aaron Pauls Reserve Sergeant Dustin Ernst Reserve Matt Wieser Reserve Tim Schwendinger Reserve James Mitchell Reserve Mark Banghart Reserve Mike McElmeel Reserve Tyler Fountain Reserve

All Ayes

Motion made by Helmrichs, second by Madlom and carried to approve the appointment of Anthony Bardgett as County Engineer for the 2014 calendar year. All Ayes

Motion made by Madlom, second by Helmrichs and carried to approve the appointment of Peggy Petlon as CPC and the Community Services /GA/VA Director for the 2014 calendar year. All Ayes

Motion made by Helmrichs, second by Madlom and carried to approve the appointment of Norman Wellman as the County Services Administrator and E-911 Coordinator for the 2014 calendar year. All Ayes

Motion made by Madlom, second by Helmrichs and carried to approve the appointment of Anthony Bardgett as the County Weed Commissioner for the 2014 calendar year. All Ayes

Motion made by Helmrichs, second by Madlom and carried to approve the following appointments to boards: Advisory Board: Foundation for the Future of Delaware County (1 year term) Jeff Madlom and Pam Klein Delaware County Communications Board (1 year term) Jeff Madlom Delaware County Economic Development Board (1 year term) Jeff Madlom Delaware County Planning Commission (4 year term) Joe Goldsmith Delaware County Recreational Center Board (1 year term) Jerry Ries Eastern Iowa Regional Housing Authority Board (1 year term) Elise Bergan and Donna Boss Eastern Iowa Regional Utility Services System (EIRUSS) (1 year term) Jerry Ries Emergency Management Board (1 year term) Jeff Madlom First Judicial Correctional Service Board (1 year term) Shirley Helmrichs Jeff Madlom, Alternate Juvenile Detention Board (1 year term) Jerry Ries Operation: New View Board (1 year term) Jerry Ries Shirley Helmrichs Regional Planning Affiliation Board (1 year term) Jeff Madlom Shirley Helmrichs, Alternate Anthony Bardgett, TECH Resource Conservation and Development Board (3 year term) Jerry Ries Soil & Water Conservation District Assistant Commissioner (1 year term) Chris Eibey – Coffins Grove Twp Shirley Helmrichs – Milo Twp All Ayes

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Motion made by Madlom, second by Helmrichs and carried to approve the minutes from the December 16, 2013 and December 27, 2013 regular sessions. All Ayes Motion made by Helmrichs, second by Madlom and carried to approve Dennis Lyons to attend the IOWWA Conference in Des Moines on January 8-9, 2014. All Ayes Motion made by Madlom, second by Helmrichs and carried to approve the following claims for payment, including the December 27, 2013 payroll in the amount of $164,593.97 warrant #5268-5393: Abbe Center for Comm MH Emergency Treatment 2485.24 Ace Electric Inc Data Processing Supplies 376.36 Advanced Systems Inc Stationery/Supplies 221.52 Alliant Energy Service 1254.51 Altorfer Inc Construction & Maint 3893.94 Auto Jet Muffler Corporation Construction & Maint 334.73 Anthony T Bardgett Employee Mileage/Subs 25.50 Barnes Distribution Steel-Iron-Related Metals 502.10 Larry Bell Repair/Maint-Misc Equip 14.96 Benton Co Sheriff Legal-Court Related 31.07 Best Western University Park Employee Mileage/Subs 412.16 Bi-County Disposal Inc Sanitation Disposal 12.00 BL Murray Co Custodial Supplies 38.94 Black Hills Energy Service 2076.15 Bob Stephen Motors Inc Tires & Tubes 598.95 Bodensteiner Implement Repair/Maint-Const Equip 60.86 Boubin Tire Co Repair/Maint-Const Equip 83.11 BP Fuels 758.30 Brad J Burger Education & Training 84.90 Carpenter Uniform Co Wearing Apparel & Uniform 30.67 Carr & Carr Attorneys Legal-Court Related 72.60 County Case Management Data Processing 513.00 CDW Government Data Processing Supplies 64.36 Cedar Cross Overhead Door Buildings 183.85 CenturyLink QCC Business Data Processing 55138.60 CenturyLink Telephone Services 423.48 City Laundering Co Custodial Supplies 245.10 Communications Engineering Repair/Maint-Radio Equip 581.78 Richard D Cook Repair/Maint-Misc Equip 25.00 Country Ridge Apartments Rent Payments 100.00 Covenant Medical Center Diagnostic Evaluation 614.00 Crescent Electric Supply Co Electrical Accessories 213.85 D&S Portables Inc Custodial Supplies 244.00 Craig A Davis Education & Training 198.07 Dearborn Ntnl Life Life Insurance 395.83 Del Co Public Health Refunds /Reimburse 6746.17 City of Delhi Utilities 230.00 Demmer Oil Company Utilities 534.50 DJ Repair Repair/Maint- Vehicle 178.73 Don & Walt LLC Repair/Maint-Fixed Equip 161.89 Dons Truck Sales Inc Construction & Maint 97.99 Dyersville Commercial Telephone Services 39.00 Eastern IA Reg Housing Rent Payments 156.00 Eastern Iowa Tire Inc Tires & Tubes 1648.50 Edgewood Oil Co Lubricants 471.50 City of Edgewood Traffic & St Sign 509.95 Jody Elgin Custodial Supplies 100.00 Tina Elgin Custodial 500.00 Fareway Store Inc Food & Provisions 50.00 FarmTek Data Processing Supplies 130.20 Genesis Medical Center Diagnostic Evaluation 6723.84 Gierke Robinson Co Minor Mv Parts & Access 649.00 Ronald L Glanz Jr. Education & Training 7.00 Garlyn R Glanz Education & Training 7.00 Goodwill Industries of NE IA Supported Comm Living 164.80 Henderson Products Construction & Maint 472.41 Hopkinton Municipal Utilities Utilities 515.00 Houlihan Sanitation Service Sanitation Disposal 34.75 Iowa DOT Construction & Maint 9.21 IA Labor Law Poster Service Education & Training 67.25 IA Prison Industries Custodial Supplies 119.64

Iowa Technologies Data Processing 1555.00 ISAC Group Unemployment Unemployment Comp 668.27 JP Cooke Co Stationery/Supplies 94.70 Kuhlman Quarries Bridges 1060.20 L&L Murphy Consulting Planning-Consulting 2000.00 Audrey Leach Rent Payments 200.00 John A LeClere Fuels 409.82 Lenzs Collision Center Repair/Maint- Vehicle 108.00 Jill Lewis Buildings-Repair/Maint 225.00 Mail Services LLC Postage & Mailing 529.34 ManagerPlus Solutions LLC Data Processing 1187.10 Manchester Motor Supply Construction & Maint 334.02 Manchester Press Publications 560.82 City of Manchester Water Use & Sewer 511.32 Maquoketa Valley REC Electrical Power 642.50 Marco Repair/Maint-Misc Equip 19.66 Martin Equipment of Illinois Construction & Maint 569.42 McDowell Truck/Auto Repair Buildings-Repair/Maint 1467.76 David W McGraw Rent Payments 500.00 Mediacom LLC Data Processing 205.90 Midwest Business Products Office Equipment 68.41 Midwest Wheel Construction & Maint 189.88 Nebraska-IA Industrial Fasten Construction & Maint 403.39 NENA Education & Training 137.00 North American Salt Co Cover Aggregate & Sand 22550.50 Kevin L Offerman Education & Training 7.00 Office Express Stationery/Supplies 106.67 Palmer Hardware Repair/Maint-Misc Equip 12.80 Phoenix Supply Clothing & Dry Goods 296.13 Prairie Inet Data Processing Supplies 143.22 Racom Corp Radio & Communications 616.00 Radio Communications Radio & Communications 325.00 Radio Communications Repair/Maint-Radio Equip 553.48 Ray O'Herron Co Inc Stationery/Supplies 65.89 Reedsburg Hardware Co Minor Mv Parts & Access 1690.00 Reliance Telephone Inc Telephone Services 7.11 Rite Price Office Supply Supplies 200.03 River Valley Cooperative Natural -LP Gas-Fuel Oil 3376.46 Sadler Power Train Inc Construction & Maint 535.98 Schaul Housing Rent Payments 320.00 Schneider Corporation Data Processing 12725.00 Scott VanKeppel LLC Construction & Maint 8951.29 Solutions Inc Data Processing 945.00 Standard Auto Parts LLC Minor Mv Parts & Access 936.10 Taylor Construction Inc Bridges 23751.74 TekSupply Construction & Maint 44.60 Telecommunication Systems Data Processing Supplies 1750.00 Thomson Reuters Magazines/Newspaper 1045.59 Three Rivers FS Fuels 30035.84 Titan Access Construction & Maint 192.11 Treasurer State of IA DHS Inpatient/Hospital 4256.47 US Cellular Telephone Services 1603.03 US Postmaster Postage & Mailing 664.00 Vanguard Appraisals Inc Appraisal Services 2790.00 Verizon Wireless Telephone Services 120.03 VISA / Mastercard Education & Training 2091.42 Walmart Community Repair/Maint-Misc Equip 428.07 Blue Cross & Blue Shield Group Insurance 1987.73 Stacy L Wessels Miscellaneous 11.00 Windstream Telephone Service 357.67 Windstream Telephone Service 1863.12

All Ayes There were no “Applications for Approval of Underground Construction on Delaware County Right-of-Way” submitted for consideration at today’s meeting. There were no manure management plan applications or updates filed for acknowledgement. Motion made by Madlom, second by Helmrichs to table the consideration of setting the 2014 Holiday Schedule until the January 6, 2014 meeting. This will allow all Board members to review employee comments on the proposed schedule. All Ayes Motion made by Helmrichs, second by Madlom and carried to approve setting the 2014 business mileage reimbursement rate at 56 cents per mile effective January 1, 2014 which is the new 2014 IRS rate for business miles driven. All Ayes Motion made by Madlom, second by Helmrichs and carried to approve the following newspapers as the official newspapers of the county: The Delaware County Leader, The Dyersville Commercial, and The Manchester Press All Ayes Motion made by Helmrichs, second by Madlom and carried to approve the 2014 Employee Handbook without changes. The Board hired Paul Greufe to meet with Department Heads regarding potential changes to the handbook to meet current needs and changes in

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Iowa and Federal law. Since this process is not yet complete, the Board has approved the 2013 Employee Handbook for use in calendar year 2014. All Ayes Motion made by Madlom, second by Helmrichs and carried to approve the plan document carryover amendment for the medical related expense reimbursement benefits plan managed by TASC. County Auditor Carla Becker explained that in the current plan, employees must use all of the monies they originally allocated for medical expenses for the calendar year by December 31st. Any unused balance in the employees account would be forfeited at the end of the calendar year. By approving this carryover amendment, the Board will allow an employee to carryover up to $500 from one plan year to the next. The carryover will not affect the employee’s ability to elect the maximum salary reduction allowed under the plan for the new plan year. The amount carried over would be in addition to the amount elected for the year by the employee. However, by approving this amendment, the 30 day grace period that is current in place will be terminated and will not apply to claims submitted after the end of the plan year. Supervisor Helmrichs stated she feels this will be a benefit to employees. She would also like to see a memo explaining the changes sent to all participants. All Ayes Motion made by Helmrichs, second by Madlom and carried to approve Resolution 2014-001 as follows:

RESOLUTION 2014-001 AUTHORIZATION OF AUDITOR TO ISSUE WARRANTS

BE IT HEREBY RESOLVED by the Board of Supervisors of Delaware County, Iowa, that the Delaware County Auditor be and is hereby authorized to issue warrants when the Board is not in session for fixed charges, including freight, postage, water, lights, fuel, telephone service and insurance premiums upon the filing of duly authenticated bills and for salaries and payrolls as approved by the Board of Supervisors, all according to Section 331.506 of the 2009 Code of Iowa. Also, for the emergency allowance of claims through the Community Services Department according to Board Resolution passed December 23, 2002. Dated at Manchester, Iowa this 2nd day of January, 2014 Board of Supervisors Delaware County, Iowa /S/ Jerry Ries, Chairperson ATTEST: /S/ Carla K. Becker, Delaware County Auditor All Ayes Motion made by Madlom, second by Helmrichs and carried to approve Resolution 2014-002 – Construction Evaluation as follows:

RESOLUTION 2014-002

CONSTRUCTION EVALUATION RESOLUTION 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 WHEREAS, by 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, 2014 and January 31, 2015 and submit an adopted recommendation regarding that application to the DNR; and WHEREAS, the 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 DELAWARE COUNTY, IOWA that the Board of Supervisors hereby adopts this construction evaluation resolution pursuant to Iowa Code section 459.304(3). Date: January 2, 2014 /S/ Jerry Ries, Chairperson Delaware County Board of Supervisors ATTEST: /S/ Carla K. Becker, County Auditor All Ayes Motion made by Helmrichs, second by Madlom and carried to approve Resolution 2014-003 as follows:

RESOLUTION 2014-003 AUTHORIZATION FOR THE COUNTY ENGINEER TO CLOSE ANY SECONDARY ROAD FOR THE PURPOSE OF

CONSTRUCTION, ROUTINE MAINTENANCE, OR EMERGENCIES DURING 2014 WHEREAS, the Delaware County Board of Supervisors is concerned about tort liability and traffic safety involved during

construction and maintenance on the secondary road system, and WHEREAS, they are further interested in accommodations for the traveling public, adjacent landowners and related users during

construction and maintenance operations, NOW THEREFORE BE IT RESOLVED by the Board of Supervisors of Delaware County on this second day of January, 2014, to give the Delaware County Engineer, or authorized representative thereof, the authority to temporarily close sections of highway in Delaware County's road system when necessary because of construction, maintenance, or natural disaster. DELAWARE COUNTY BOARD OF SUPERVISORS /S/ Jerry Ries, Chairperson /S/ Shirley E. Helmrichs /S/ Jeff Madlom Attest: /S/ Carla K. Becker, Delaware County Auditor All Ayes Motion made by Madlom, second by Helmrichs and carried to approve Resolution 2014-004 as follows:

RESOLUTION 2014-004 FARM TO MARKET COMPLETION OF WORK AND FINAL ACCEPTANCE

BE IT RESOLVED by the Board of Supervisors of Delaware County, Iowa that the County Engineer of Delaware County, Iowa, be and is hereby designated, authorized, and empowered on behalf of the Board of Supervisors of said County to execute the certification of completion of work and final acceptance thereof in accordance with plans and specifications therefore in connection with all Farm to Market construction projects in this county. Dated at Manchester, Iowa this 2nd day of January 2014. Board of Supervisors Delaware County, Manchester, Iowa /S/ Jerry Ries, Chairperson /S/ Shirley E. Helmrichs /S/ Jeff Madlom

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ATTEST: /S/ Carla K. Becker, County Auditor All Ayes Motion made by Helmrichs, second by Madlom and carried to approve Resolution 2014-005 as follows:

RESOLUTION 2014-005

EMINENT DOMAIN COMPENSATION COMMISSION WHEREAS, Section 331.321(1.v) of the 2009 Code of Iowa requires the Board of Supervisors to annually appoint not less than twenty-eight (28) residents of the County to an Eminent Domain Compensation Commission and, WHEREAS, said Section establishes four (4) representative categories for said Compensation Commission, NOW, THEREFORE BE IT RESOLVED that the following persons are hereby appointed to the Eminent Domain Compensation Commission of Delaware County, Iowa, in the category listed, for a term of one year ending December 31, 2014: A. Owner-Operators of Agricultural Property: 1. Doug Schulte 2184 195th St Manchester, IA 52057 2. Ellen Francois 1364 120th Ave Dundee, IA 52038 3. Charles Ankrom 2275 110th Ave Masonville, IA 50654 4. Wilbur Kehrli 1596 210th St Manchester, IA 52057 5. Ann Nurre 2418 147th St Greeley, IA 52050 6. Marvin Heims 1590 400th St Strawberry Point, IA 52076 7. Doran Zumbach 3278 110th Ave Coggon, IA 52218 B. Owners of City Property: 1. Craig Starr 600 110th Ave Masonville, IA 50654 2. Mary Hagensick 313 S. Chestnut St Edgewood, IA 52042 3. Jeff Larson 505 Line St Manchester, IA 52057 4. Lorraine Gaffney PO Box 64 Ryan, IA 52330 5. Barb Robinson 306 South St Dundee, IA 52038 6. Mary Ann Poynor 724 E. Howard St Manchester, IA 52057 7. Karen Schmitz 111 Beckner St Greeley, IA 52050 C. Licensed Real Estate Agents or Brokers: 1. Eric Jasper PO Box 365 Hopkinton, IA 52237 2. Teresa Greve 2151 110th Ave Masonville, IA 50654 3. Jennifer Finn 18011 224th St Manchester, IA 52057 4. Barb Sailer 1100 Rosewood Dr Manchester, IA 52057 5. Kevin Graybill 21913 182nd Ave Manchester, IA 52057 6. Bob Wendt 1101 Stiles St Manchester, IA 52057 7. Mary Kay Starks 25944 225th Ave Delhi, IA 52223 D. Persons Having Knowledge of Property Value: 1. Linda Bessey 1959 162nd Ave Manchester, IA 52057 2. Delbert Ronnebaum 2769 190th St Earlville, IA 52041 3. Dave Smith 1031 New St Manchester, IA 52057 4. Gordon Keith 305 Gay St Delhi, IA 52223 5. Christine Tegeler 16920 185th St Manchester, IA 52057 6. Donna Reeder 712 Tanglewood Dr Manchester, IA 52057 7. Scott Wegmann 1017 Sunrise Dr Manchester, IA 52057 Witness my hand and the Seal of this County, this 2nd day of January, 2014. Delaware County Board of Supervisors /S/ Jerry Ries, Chairperson /S/ Shirley E. Helmrichs /S/ Jeff Madlom Attest: /S/ Carla K. Becker, County Auditor All Ayes ENGINEER’S REPORT None NEXT MEETING - The next regular session will be held on Monday, January 6, 2014. PUBLIC COMMENTS None Motion made by Madlom, second by Helmrichs and carried to adjourn the meeting at 1:41 pm. All Ayes These minutes have been read and approved. /S/ Jerry Ries, Chairperson /S/ Carla K. Becker, County Auditor

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STATE OF IOWA ) January 6, 2014 ) Ss: Manchester, Iowa DELAWARE COUNTY ) 1:15 pm

The Delaware County Board of Supervisors met in regular session this date at 1:15 pm with all members present. Also present were, Carolyn Wilson, Milt Kramer, Luann McQuillen, Ellen Krogmann, Bret Haughenbury, Anthony Bardgett, Carla Becker, and three (3) members of the media. Chairperson Jerry Ries called the meeting to order.

Motion made by Madlom, second by Helmrichs and carried to approve the minutes from the January 2, 2014 regular session. All Ayes

Motion made by Helmrichs, second by Madlom and carried to approve the following employees to attend their out-of-county meetings: Mike Ryan to attend the IEMA Committee meeting in Des Moines on January 10, 2014, the Region 6 LEOC meeting in Cedar County on January 14, 2014, and the Iowa Homeland Security meeting in Polk County on January 17, 2104; Peggy Petlon and Kim Gehling to attend a Case Management meeting in Des Moines on January 13-14, 2014; Peggy Petlon to attend a Regional CPC meeting in Cedar Rapids on January 17, 2013; Anthony Bardgett to attend a DOT Recertification Class in Cedar Rapids on January 9, 2014; Jeff Madlom to attend a Business Growth meeting at ECIA in Dubuque on January 8, 2014; and Jeff Madlom, Shirley Helmrichs, Peggy Petlon and Carla Becker to attend the Regional MH meeting in Cedar Rapids on January 9, 2014. All Ayes There were no claims submitted for consideration of payment at today’s meeting.

There were no “Applications for Approval of Underground Construction on Delaware County Right-of-Way” submitted for consideration at today’s meeting.

There were no manure management plan applications or updates filed for acknowledgement.

Consideration of Declaring National Mentoring Month

Ellen Krogmann, representing the Friends of the Delaware County Mentoring Program, addressed the Board regarding her request for the Board to declare the month of January 2014 as Mentoring Month. Ms. Krogmann stated that they currently have 34 active matches in Delaware County with four (4) of those being within the Maquoketa Valley District. This is the first year for the program at Maquoketa Valley and they have already trained fifteen (15) volunteer high school students (Freshman thru Senior).

The main fundraiser for the program is the annual bowling event which will take place on Saturday, March 22, 2014. She is also looking for any available grants to help fund the program. Results from a recent survey of mentored youth shows that 97% of those youth mentored were more hopeful regarding their future and 100% stated they were able to say no to drugs and alcohol.

Motion made by Madlom, second by Helmrichs and carried to approve the following proclamation: NATIONAL MENTORING MONTH 2014

WHEREAS, studies show that mentoring is a highly effective strategy for preventing several key problems that young people face, including school retention rates, self-confidence, and living up to their potential; and WHEREAS, mentors are a highly valued source of friendship to the youth in our county; and WHEREAS, more mentors are needed to become a caring friend for youth; NOW, THEREFORE, WE, THE DELAWARE COUNTY BOARD OF SUPERVISORS do hereby proclaim that January 2014 is National Mentoring Month in Delaware County. As public officials, we also call upon all citizens, parents, governmental agencies, public and private institutions, churches, businesses, and schools in our county to join us in raising awareness of mentoring in its various forms, helping to recruit individuals to mentor youth, and to support the rapid growth of mentoring in Delaware County. Date: January 6, 2014 /S/ Jerry Ries, Chairperson Delaware County Board of Supervisors /S/ Ellen Krogmann Signatures of Friends of the Delaware Mentoring Program All Ayes

Motion made by Helmrichs, second by Madlom and carried to set the 2014 Holiday Schedule as follows: 2014 HOLIDAY SCHEDULE

Martin Luther King Day Monday, January 20, 2014 President’s Day Monday, February 17, 2014 Memorial Day Monday, May 26, 2014 Independence Day Friday, July 4, 2014 Labor Day Monday, September 1, 2014 Veterans’ Day Tuesday, November 11, 2014 Thanksgiving Thursday & Friday, November 27 & 28, 2014 Christmas Wednesday & Thursday December 24 & 25, 2014 New Year’s Day Thursday, January 1, 2015 All Ayes

Motion made by Madlom, second by Helmrichs and carried to designate KMCH Radio Station as the official radio station of Delaware County. Even though this is not a requirement of law, the Board wanted the station to know how much they appreciate the excellent coverage given to business of the County. All Ayes

Motion made by Helmrichs, second by Madlom and carried to acknowledge receipt of the Auditor’s quarterly report showing that for the quarter ending December 31, 2013, $15,922.70 was collected and deposited into the general funds. All Ayes

Motion made by Madlom, second by Helmrichs and carried to acknowledge receipt of the Recorder’s Monthly Report showing that for the month of December 2013 the following fees were collected and deposited into their respective funds: General Fund $10,605.72 Recorder’s Document Management Fund 323.00 Electronic Transfer Fund 323.00 Total Collected $11,251.72 All Ayes

Motion made by Helmrichs, second by Madlom and carried to acknowledge receipt of the Sheriff’s Quarterly Report showing that for the quarter ending December 31, 2013, $104,630.65 was collected and deposited into the general fund. Of the total amount collected, $66,007.50 was for county-wide law enforcement. All Ayes

Motion made by Madlom, second by Helmrichs and carried to acknowledge receipt of the Treasurer’s Monthly Banking and Investment Report showing that as of January 2, 2014 $16,607,422.96 was collected and invested on behalf of all taxing entities in various banks across the county. County Treasurer Carolyn Wilson also presented the Board with a listing of all bank accounts and their respective interest rates. All Ayes

Motion made by Helmrichs, second by Madlom and carried to table the consideration of Resolution 2014-007 regarding the reporting of interest earned on the GO loan proceeds in the Lake Delhi Spillway Project fund until more information is received from the County’s bonding attorney. According to County Auditor Carla Becker, the Board can direct the interest to either be used for the same purpose as the loan proceeds or direct the interest to be transferred into the debt service fund and be used to repay the debt. Once they have

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received the billing from the attorney for the debt issuance, the Board will be able to better determine what to do with the interest earned. All Ayes

Public Hearing – Proposed Vacation of County Easement This being the date and time set to hold a public hearing regarding the proposed vacation of a portion of the county’s easement along 140th Ave in Sections 34 & 35 of Adams Township, Chairperson Ries opened the public hearing at 1:36 pm.

County Engineer Anthony Bardgett addressed the Board regarding the proposed vacation. He explained that at some point in time, the roadbed of 140th Ave was shifted to the east. He assumes this was to avoid replacing the bridge along the old easement. Since Iowa Code requires that the county leave the easement in the best possible condition, the bridge was replaced earlier this year in anticipation of possibly vacating the easement. With the bridge replaced, Mr. Bardgett stated that he feels comfortable requesting the Board to vacate the excess right-of-way in this area as represented in the survey conducted by the County Land Surveyor Brad Burger.

Chairperson Ries asked if the adjacent property owner, Bret Haughenbury, had any comments or concerns. Mr. Haughenbury stated that he had no concerns or reservations and feels the bridge replacement was done well. He appreciates all the effort the county has gone to in order to leave the easement in good condition.

There being no further comments, either written or oral, the public hearing was closed at 1:40 pm.

Motion made by Madlom, second by Ries and carried to approve Resolution 2014-006 as follows: RESOLUTION 2014-006

Vacation of County Easement in Section 34 & 35-T87N-R6W, Delaware County, Iowa WHEREAS, the Code of Iowa, section 306.10 gives the Board of Supervisors the power on its own motion to alter or vacate

and close any highway or road under its jurisdiction, and WHEREAS, the Board of Supervisors no longer believes the county needs to maintain the following described easements, and WHEREAS, the Board of Supervisors has held a public hearing following official notice as required by sections 306.11, 306.12,

and 306.13 of the Code of Iowa, and WHEREAS, the Board has heard any and all objections filed per 306.14 of the Code of Iowa. NOW THEREFORE BE IT RESOLVED that the Delaware County Board of Supervisors, in session this 6th day of January,

2014, enters the following order in regard to the aforementioned road vacation proceedings. The Board of Supervisors orders the following described easements to be closed and vacated. Said easement is described as follows: That portion of a County Road established in Supervisors Minutes Book G, Page 205 and 217 in the Office of the Delaware County Auditor, lying between the South right of way line of 330th Street and the Westerly right of way line of 140th Avenue as described in Deed Book 78, Page 476 in the Office of the Delaware County Recorder, Section Thirty-four (34), Township Eighty-seven North (T87N), Range Six West (R6W) of the Fifth Principal Meridian, Delaware County, Iowa, subject to easements, reservations, restrictions, and rights of way of record and not of record and said road is 66.00 feet wide, 33.00 feet on each side of the following described centerline: COMMENCING at the Southeast corner of the Northeast Quarter (NE1/4) of the Northeast Quarter (NE1/4) of Section Thirty-four (34), Township Eighty-seven North (T87N), Range Six West (R6W) of the Fifth Principal Meridian, Delaware County, Iowa; Thence North 00°-08'-28'' East 510.15 feet along the East line of the Northeast Quarter (NE1/4) of the Northeast Quarter (NE1/4) of said Section Thirty-four (34); Thence North 20°-05'-06'' West 40.69 feet along the centerline of said County Road established in Supervisors Minutes Book G, Page 205 and 217 to the POINT OF BEGINNING, point also being on said Westerly right of way line of 140th Avenue; Thence continuing along said centerline North 20°-05'-06'' West 37.30 feet to a point of curvature; Thence continuing along said centerline and along a circular curve concave Northeasterly for an arc length of 158.48 feet, said circular curve having a central angle of 19°-17'-51'', a radius of 470.55 feet, a chord bearing of North 10°-26'-11'' West and a chord length of 157.74 feet to a point of tangency; Thence continuing along said centerline North 00°-47'-15'' West 553.38 feet to the South right of way line of 330th Street; The East line of the Northeast Quarter (NE1/4) of the Northeast Quarter (NE1/4), Section Thirty-four (34), Township Eighty-seven North (T87N), Range Six West (R6W) of the Fifth Principal Meridian of Delaware County, Iowa is assumed to bear North 00°-08'-28" East. That portion of a County Road established in Road Book 1, Page 202 in the Office of the Delaware County Auditor, lying between the South right of way line of 330th Street and the Westerly right of way line of 140th Avenue as described in Deed Book 78, Page 476 in the Office of the Delaware County Recorder, Section Thirty-four (34) and Thirty-five (35), Township Eighty-seven North (T87N), Range Six West (R6W) of the Fifth Principal Meridian, Delaware County, Iowa, subject to easements, reservations, restrictions, and rights of way of record and not of record and said road is 66.00 feet wide, 33.00 feet on each side of the following described centerline: COMMENCING at the Southeast corner of the Northeast Quarter (NE1/4) of the Northeast Quarter (NE1/4) of Section Thirty-four (34), Township Eighty-seven North (T87N), Range Six West (R6W) of the Fifth Principal Meridian, Delaware County, Iowa; Thence North 00°-08'-28'' East 617.99 feet along the East line of the Northeast Quarter (NE1/4) of the Northeast Quarter (NE1/4) of said Section Thirty-four (34) to the POINT OF BEGINNING, point also being on said Westerly right of way line of 140th Avenue; Thence North 00°-08'-28'' East 673.63 feet along the centerline of said County Road established in Road Book 1, Page 202 to the South right of way line of 330th Street; The East line of the Northeast Quarter (NE1/4) of the Northeast Quarter (NE1/4), Section Thirty-four (34), Township Eighty-seven North (T87N), Range Six West (R6W) of the Fifth Principal Meridian of Delaware County, Iowa is assumed to bear North 00°-08'-28" East. The Board of Supervisors finds no additional damages are to be paid to any claimants on this vacation. SO ORDERED THIS 6th DAY OF JANUARY, 2014; Board of Supervisors /S/ Jerry Ries, Chairperson /S/ Shirley E. Helmrichs /S/ Jeff Madlom Attest: /S/ Carla K. Becker, Delaware County Auditor All Ayes

Motion made by Helmrichs, second by Madlom and carried to approve the 2013 Weed Commissioners Report to be filed with the state. According to Weed Commissioner Anthony Bardgett, there was really no change in the types of weeds being seen in the county. The biggest problems were with Chinese Bamboo and Bull Thistle. According to Mr. Bardgett, 24D, Crossbow and Pathway were the herbicides utilized to combat the weeds. All Ayes

Motion made by Madlom, second by Helmrichs and carried to approve the final voucher with Mathy Construction d/b/a River City Paving for the X 47 Paving Project (#FM-C028(82)--55-28). The contracted price for this project was $813,563.35. The actual invoiced cost was $769,372.40. This is $44,190.95 under contract. All Ayes

ENGINEER’S REPORT None

NEXT MEETING The next regular session will be held on Monday, January 13, 2014.

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PUBLIC COMMENTS Milt Kramer, Mayor for the City of Manchester, stated he had been to the Board meeting a few weeks earlier and was asked to come back with a date and time that the members of the Manchester City Council could meet with the Board regarding the proposed renovation and expansion of the Sheriff’s Department and Jail facilities. Since many of the council members work full-time, he stated that the earliest they could attend a daytime meeting with the Board would be January 30, 2014.

It was clarified that if the Board decides to call for a special election in March for approval of this proposed expansion/renovation, they Board would need to do so by January 17, 2014.

Chairperson Ries stated that the city has had since the December 9th meeting to come up with a time and date to meet. He feels the County should continue to move forward with the project since it has been almost two (2) years since it was first proposed. He believes a March election date is appropriate and that the Sheriff is ready to move ahead with it. According to Chairperson Ries, Sheriff LeClere has several locations secured to hold public information sessions on the subject.

Mayor Kramer felt it would be premature to hold an election in March when the County hasn’t done anything to inform the public. However, in light of the upcoming deadline, Mayor Kramer rescinded the City’s offer to meet on January 30th.

Motion made by Madlom, second by Helmrichs and carried to adjourn the meeting at 1:48 pm. All Ayes

These minutes have been read and approved.

/S/ Jerry Ries, Chairperson /S/ Carla K. Becker, County Auditor STATE OF IOWA ) January 8, 2014 ) Ss: Manchester, Iowa DELAWARE COUNTY ) 2:30 p.m.

The Delaware County Board of Supervisors met in work session this date at 2:30 p.m. with all members present. Also present were Steve Leonard, Laurie Kramer, Bruce Schneider, Robert Klima, Chip Hughes, Jim Locke, Larry Peter, Garlyn Glanz, Larry Aschbrenner, John Bernau, Anthony Bardgett and Carla Becker. One member of the media was present. Chairperson Ries called the meeting to order.

The work session began with a review of the amended design for the proposed Turtle Creek access. In an attempt to conserve the current boat ramp and access on the west side of the cove, the design was modified with less impact on the current road location. By doing so, County Engineer Anthony Bardgett feels the same level of access can be achieved with the cost of the bridge and roadway being reduced from $506,878.00 to $396,780.10. This would be a net savings of $110,097.90. This would also reduce the dirt needs in half which may increase the cost of moving the excess material out of the cove. The revised plan will also affect the proposed fishing access and beach area. Not being a high priority item for this project, the additional fishing access may be eliminated. A new location will need to be found for the proposed beach area. If the beach is relocated on the west side of the cove, the second ADA restroom will also be located on that side. However, if the beach area is relocated to the east side of the cove, there may not be a need for a second restroom facility.

Conservation Director Garlyn Glanz redirected the conversation to the need for silt basins with the proposed project. He is anticipating that these basins will be located upstream from the cove behind the existing park facility. They will need to have access to them and be positioned for long-term maintenance. Dredging costs for the cove will also need to be addressed. With the new design, Mr. Glanz is estimating that 5,000 to 10,000 cu yards of material will need to be removed from the cove at an estimated cost of $44,500.00 ($5.50/cu yard). However, he did discover that these dredging costs are eligible under the marine fuel tax grant.

Supervisor Ries asked if the project could move forward without the expense of raising the bridge. Supervisors Helmrichs and Madlom do not feel leaving the bridge at its current height is an option. At normal water levels before the breach, there was only 5 ½ - 6 feet of clearance under the bridge. The proposed height would take it to 12 feet of clearance. Supervisor Helmrichs does not feel the area would be a “true public access” if the bridge were left at its current height.

According to Mr. Glanz, the new projected cost of the proposed project (exclusive of the bridge and road portions) would be $173,125 of which $113,125 is eligible under the marine fuel tax grant at a 75/25 cost share. Projected expenditures for FY 14-15 would be $119,125 and $54,000 ($36,000 for the catch basins and $18,000 for the second proposed restroom facility) scheduled in FY 15-16. The total cost breakdown would be as follows:

Cost of Items for Amenities Anticipated to be Eligible for Marine Fuel Tax Grant Boat Ramp $26,125 Boat Ramp $26,125 Parking $16,500 Parking $16,500 Restrooms (2) $36,000 Restrooms (1) $18,000 Courtesy Dock $8,000 Courtesy Dock $8,000 Dredging of Cove $44,500 Dredging of Cove $44,500 Beach Area $6,000 Beach Area Not Eligible Fish Access $0.00 Fish Access Not Eligible Silt Catch Basins $36,000 Silt Catch Basins Not Eligible Total $173,125 Total $113,125

Cost Share 75% DNR $84,843.75 Cost Share 25% County $28,281.25

Road and Bridge Expenditures $396,780.10 Total Cost 569,905.10

Less Projected Grant Receipts -$84,843.75 Net cost of Project 485,061.35

Proposed County 50% $242,530.68 Proposed District 50% $242,530.67

With regards to the transfer of the Turtle Creek Cove property from the District to the County, an abstract was created and a title opinion issued by Attorney Tom Hanson on behalf of the county. According to County Attorney John Bernau, Mr. Hanson is finding marketable title in the District’s name. However, Mr. Bernau would like clarification within two (2) separate areas. First, a notice of Memorandum of Agreement was recorded which pertained to this property. He would like to have the copies of the original agreement along with copies of the three (3) subsequent amendments. The second issue is with the mechanics liens filed against the District. According to research performed by Assistant County Attorney Courtney Vorwald, two (2) of the four (4) liens have been released.

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She could not find releases for the other two (2). Even though the liens are specifically listed as being on the dam property, a quit claim deed filed between LDRA and the District specifically calls out these liens without reference to the land they cover. He will need clarification on this and may require a Warranty Deed to transfer the parcel.

Conservation Director Garlyn Glanz reiterated the Conservations Board’s requirement that the property be transferred to County ownership prior to the filing of the marine fuel tax grant application. He also stated that the goal of the County Conservation Board is to maintain this property as public access. The District would like the property to revert back to them if the County should discontinue maintaining it as a public access.

Mr. Bernau wondered if the DNR had any restrictions on the transfer of property where state grant monies were utilized. Mr. Glanz stated he would look into that and get back to the group.

Steve Leonard, District President, began to step through the proposed 28E Agreement. He noted the following issues:

Page 1, Item 1 and Page 2, Item 3 – We still need clarification as to what “project” means. Are they referring to the entire dam and spillway project or just the spillway?

Page 2, Section 4 – Should the agreement have a termination date? There are portions of the agreement which are perpetual.

Page 2, Section 5.2 – On the last line need to change the verbiage from “receipt of the invoice” to “receipt of the request for reimbursement” since the county handles the District’s finances and would have already received the invoice for initial payment.

Also in this section, Mr. Leonard stated that the District has already incurred expenses relating to the design of the spillway portion. Would they be able to submit for reimbursement on these expenses? Board members did not seem to object to reimbursement for any spillway related expenditure subject to Board review at the time of the request. However, the Board would prefer that the reimbursement of expenses incurred prior to this agreement be limited to one request within thirty (30) days of the effective date of this agreement.

Pages 2 & 3, Section 6 – Since the County is proposing to own, operate and maintain the public access amenities at Turtle Creek Cove, portions of Section 6 no longer apply to this section of the agreement. However, Exhibit B should include these items along with a detailed description of the proposed public access project. Page 3, Section 6.2 – The District’s attorney has stated that he will not furnish the requested opinion of counsel on the lake property due to frontage issues, etc. They would like to know what else the District can provide that would satisfy this request. Page 4, Section 6.4.2 – The District is simply looking for direction as to what is being required. Is this for the entire project and public amenities or just the spillway and public amenities? Page 4, Section 8 – It was agreed that there is no way to measure the requirement for the county to maintain the public amenities “in a similar manner as other County owned property”. Mr. Glanz recommended that portion of the sentence be stricken, a comma added after the word County in the last sentence and the following verbiage added: …“including dredging of Turtle Creek Cove and the maintenance of the water shed silt catch basin(s).” Page 5, Section 9.1 – The District is still having some issues with regards to the requirements of all-risk insurance due to its availability. Page 5, Section 9.2, 9.3 & 9.4 – These sections were added at the request of County Auditor Carla Becker after speaking with management at Lake Panorama. Since all-risk property insurance was not feasible after construction, the filing of the 5 year inspection report with the Board would keep them informed of the condition of the structure as well as the District’s response for remediation of any defects. Section 9.4 was also added at the suggestion of Lake Panorama. Even though there didn’t seem to be direct opposition on the part of the District, it was suggested that deposits into this “Improvement Fund” could begin in Fiscal Year 2016-17. This would allow the District a year or two to regain a positive fund balance after construction. Page 7, Section 11.2 – The District is simply looking for clarification on what “partial termination” of the contract means. Page 9, Section 14 – The District continues to ask for the addition of mediation in the area of dispute resolution. According to the County’s bonding attorney, Mark Cory, by listing the Iowa District Court for Delaware County, this section is simply stating the “venue” that any disputes would be settled. That does not mean that it would have to go to court. He would prefer not to “require” mediation. However, this section does not rule out mediation as a tool. County Attorney John Bernau concurred with Mr. Cory’s explanation. The following items are not currently spelled out in the agreement:

1. Transfer of the Turtle Creek cove property from the District to the County subject to the retainage of flood plain rights by the District as well as lake bed usage and maintenance rights for that portion of the transferred property lying north and east of the northern right-of-way of the relocated roadway

2. Understanding that the project must be completed prior to the completion of the dam and spillway to save money.

There being no further business before the Board, the work session was closed at 3:55 p.m.

These minutes have been read and approved. /S/ Jerry Ries, Chairperson /S/ Carla Becker, Auditor

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STATE OF IOWA ) January 9, 2014 ) Ss: Manchester, Iowa DELAWARE COUNTY ) 9:00 a.m.

The Delaware County Board of Supervisors met in work session this date at 9:00 a.m. with all members present. Also present were Dick Foust, Tony Fox, Steve Dudak, Casey Snyder, Larry Mott, Rich Sampson, Milt Kramer, John LeClere, and Carla Becker. One member of the media was present. Chairperson Ries called the meeting to order.

Chairperson Ries recognized Sheriff John LeClere to speak in regards to the proposed renovation and expansion of the Sheriff’s Department and Jail.

Sheriff LeClere stated that the Board has been looking into this project for a couple years now. In 2013, a public committee was formed to look at the need for the project. The committee was taken on a tour of the current facilities and also the new facilities in Buchanan County. The full committee has met once. He believes everyone is in agreement that something needs to be done.

He is now waiting for direction from the Board. Do they want him to move forward with the original plan which includes the removal of the old Sheriff’s house and expansion to the east and west sides of the current facility? Or, would they like him to have more committee meetings and look into other options that the committee comes up with. He is still confused as to the purpose of the committee.

Supervisor Ries stated that he would like to see the Board call for a March election to put the question before the public. The City Clerks of the small towns have said they have places that public forums can be held to get the information out to the public.

Supervisor Madlom addressed Sheriff LeClere by stating he will support him if he would like to move forward with this for a March Election. However, that would only leave seven (7) weeks to be able to get the information out in order to get it to pass. Sheriff LeClere stated he feels confident that he would be able to reach enough people before Election Day.

If a March Election were called, County Auditor Carla Becker informed the Board that absentee ballots could be ready in as little as ten (10) days from the date she receives the resolution.

Some Board members stated that they have been approached by members of the “public committee” who feel that their opinions have not yet been heard. They stated that the full committee has only met once and there was not much input requested of the committee members. They are discouraged that they have not been able to voice their opinions.

Supervisor Helmrichs stated that some members of the committee want the Board to look at adding square footage onto the project to bring the Manchester Police Department over. The current plan does not add any square footage for additional office space for the Sheriff’s Deputies. It simply repurposes existing spaces to be remodeled into office spaces for the Deputies. In her opinion, if they are going to add square footage at the county’s expense then it should be used for the Sheriff’s employees first.

Sheriff LeClere stated again that he will do whatever the Board wants him to. However, if they would like him to hold additional committee meetings, he would like direction from the Board as to what the committee is responsible for.

Dick Foust, committee member, commented that he was appointed to this committee to look at the need and feasibility of this project but that the committee members have never been told how the project will affect their taxes. He also stated that the Buchanan County Sheriff commented that if Delaware County could put the City and the County together under one roof, then they should. He is also concerned that the County has never had a meeting with the City with regards to this project.

The Board commented that the Mayor was at the December 9th Supervisors’ meeting and stated he would get back to them with a meeting date and time. He came back on January 6th with a proposed date of January 30th. In order to set a March Election date, the resolution calling for the election must be filed with the County Auditor within 46 days of the election date (January 17, 2014).

Milt Kramer, Mayor of the City of Manchester, stated that he figured he had time to get a meeting put together. He never assumed that the Board would be looking at March and possibly not even May. He has been involved in several bond issues through the City of Manchester. In his opinion, seven (7) weeks is not enough time to sell this to the public.

Steve Dudak, committee member, agrees with Mr. Foust that one meeting is not enough. If they want the opinion of those put on the committee, then they need to allow them to come together to discuss their ideas. He stated he is definitely for improving the facility but would like to explore different avenues to go about it.

Both feel that the committee members should have at least been asked to attend today’s work session. Mr. Foust feels they need to look at the possibility of moving the City over as well. As a taxpayer, he needs to know this option has been explored. Those present admitted that they had never spoken with anyone using a joint City/County facility.

Rich Sampson, Mayor of Colesburg, stated that he just wants to know if the two entities could get along if they were under the same roof.

Mayor Kramer stated that he feels the City and County get along pretty well already. He is at the Police Department every morning at 6:15 am and there are usually one or two Sheriff Department cars there. He added that the Police Department was running out of space for its officers so they remodeled a portion of the garage to add offices and an interrogation room. Still, they can have up to four (4) officers sharing one room.

Supervisor Ries asked Mayor Kramer why the City would want to move when they just remodeled. What would be the advantage? According to Mayor Kramer, they have known for years that they needed more room. That is the reason they remodeled the garage. However, this did not get them all the room they need. Another reason is the County’s desire to relocate the Communications Center in the new facility. It would be more efficient to be near the center. Supervisor Ries stated that the County would most likely not bring the Communications Center over right away. Changes in federal laws will require the purchase of new equipment within the next few years. At that time, the County will consider bringing the center over. That way they will not have to deal with moving the existing equipment. Sheriff LeClere was not sure how strict the federal government will be in enforcing the new legislation because of how costly it will be for cities and counties.

After everything that has been said at today’s meeting, it is evident that there needs to be additional meetings held before an election date can be set. The first meeting should be with the City of Manchester. That way, the information received from that meeting can be passed on to the committee members looking into the feasibility of the expansion. Supervisor Helmrichs stated that she would be more willing to look at a May Election Day rather than March.

Mayor Kramer stated again that with two (2) council members working full-time, January 30th at 8:00 am was the first time they could meet as a group with the Board. The Supervisors asked Mayor Kramer to go back to see if an earlier date could be set. The Board would even be willing to have a 5:00 pm meeting with the City. Mayor Kramer stated that the City Council meets the first and fourth Mondays of the month. However, the Board feels this meeting should be separate from either entities regular meeting. There being no further business before the Board, the work session was closed at 10:17 a.m.

These minutes have been read and approved. /S/ Jerry Ries, Chairperson /S/ Carla K. Becker, Auditor

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STATE OF IOWA ) January 13, 2014 ) Ss: Manchester, Iowa DELAWARE COUNTY ) 1:15 pm The Delaware County Board of Supervisors met in regular session this date at 1:15 pm with all members present. Also present were, Carolyn Wilson, Milt Kramer, Deb Peyton, Norman Wellman, Anthony Bardgett, Carla Becker, and three (3) members of the media. Chairperson Jerry Ries called the meeting to order. Motion made by Madlom, second by Helmrichs and carried to approve the minutes from the January 6, 2014 regular session and the January 8 and 9, 2014 work sessions. All Ayes Motion made by Helmrichs, second by Madlom and carried to approve the following employees to attend their respective out-of-county meetings: Shirley Helmrichs to attend the BDF meeting in Independence on January 21, 2014; Jeff Madlom to attend the ECIA meeting in Dubuque on January 15, 2014; Jerry Ries to attend the Workforce Development meeting in Elkader on January 21, 2014; and Anthony Bardgett to attend the DOT inspection recertification class in Cedar Rapids on January 16, 2014. All Ayes Motion made by Madlom, second by Helmrichs and carried to approve the following claims for payment including the January 10, 2014 payroll in the amount of $189,701.95 warrant #5570-#5679: IDPH Bureau of Vital Records Stationery/Supplies 142.45 Abbe Center for MH Custodial Supplies 135.27 Accent Laser Services Inc Stationery/Supplies 129.80 Advanced Systems Inc Maint-Off Equip/Furniture 127.22 Alliant Energy Service 5555.82 Al's Electrical Service Buildings-Repair/Maint 251.90 Altorfer Inc Construction & Maint 659.24 Animal Health International Wearing Apparel & Uniform 16.48 Barnes Distribution Steel-Iron-Related Metals 122.26 Barron Motor Supply Minor Mv Parts & Access 588.84 Best Cleaners Cleaning of Uniforms/mops 837.50 Bi-County Disposal Inc Custodial Supplies 101.00 Black Hills Energy Natural -LP Gas-Fuel Oil 644.68 Blakesley Drug Prescription Medicine 141.92 Boubin Tire Co Tires & Tubes 910.73 Carls Feed & Farm Store Inc Public Education Items 69.55 Carpenter Uniform Co Wearing Apparel & Uniform 378.48 County Case Management Education & Training 30.00 Cedar Valley Ranch Inc RCF 3089.10 Central Iowa Water Water Use & Sewer 88.97 CenturyLink QCC Business Telephone Services 27.47 City Laundering Co Buildings-Repair/Maint 168.94 Covenant Medical Center Diagnostic Evaluation 2182.00 CPI Qualified Plan Consult Planning-Consulting 100.00 Debra Kintzle Cleaning Buildings-Repair/Maint 200.00 Delaware County Auditor Miscellaneous 18297.00 Delaware Co Sheriff Transportation 863.81 Delhi Lumber Repair/Maint-Misc Equip 246.80 DJ Repair Repair/Maint-Const Equip 66.00 Don & Walt LLC Repair/Maint-Misc Equip 221.90 Dons Truck Sales Inc Construction & Maint 25.40 Dyersville Commercial Board Proceedings 1901.99 Eastern Iowa Tire Inc Repair/Maint-Const Equip 151.75 Eastside Storage Buildings-Repair/Maint 30.00 Electronic Engineering Repair/Maint-Radio Equip 1449.96 Jody Elgin Custodial Supplies 110.00 Tina Elgin Custodial 500.00 Everys Auto & Tire Center Repair/Maint- Vehicle 117.80 F&M Bank Stationery/Supplies 21.79 Good Neighbor Society Food Preparation Services 2979.00 Group Services Inc Employee Insurance 10377.80 Gudenkauf Tiling Water/Sewer Structures 20.26 Henderson Products Construction & Maint 2583.02 Hopkinton Municipal Utilities Electrical Power 121.95 City of Hopkinton Electrical Power 19.00 Houlihan Sanitation Service Sanitation Disposal 163.50 IA Assn of Comm Providers Dues & Memberships 1550.00 Iowa Dept of Justice Fees 400.00 Iowa DOT Engineering Services 274.65 IA Prison Industries Custodial Supplies 129.75 IA St Assn of Assessors Dues & Memberships 600.00 ISAC Education & Training 195.00 Gary Johannes Engineering Services 300.00 John Deere Financial Repair/Maint-Misc Equip 942.94 KMCH Education & Training 75.00

Kris Engineering Inc Minor Mv Parts & Access 4444.53 Kuhlman Quarries Cover Aggregate & Sand 8863.76 Leader Publications Board Proceedings 2258.01 Jill Lewis Buildings-Repair/Maint 75.00 Manchester Carquest Repair/Maint- Vehicle 43.78 Manchester Motor Supply Construction & Maint 362.38 Manchester Press Publications 878.19 City of Manchester Contract Carriers 88860.28 Maquoketa Valley REC Utilities 350.00 Martin Equipment of Illinois Repair/Maint-Const Equip 610.58 McDowell Truck/Auto Repair Buildings-Repair/Maint 1453.75 Rita McGrane Supervised Living 400.00 Mediacom LLC Telephone Services 36.68 Midwest Business Products Stationery/Supplies 97.86 Midwest Wheel Construction & Maint 175.74 MOCIC Attn Membership Annual Membership Dues 150.00 Northeast Iowa Telephone Radio & Communications 193.80 Nebraska-Iowa Industrial Shop Equipment 348.34 Neopost USA Inc Data Processing 270.00 North American Salt Co Cover Aggregate & Sand 5190.91 Opportunity Village Sheltered Workshop 607.51 Palmer Hardware Safety Items 103.92 Penn Center Inc Supported Comm Living 1356.00 Pepsi-Cola Gen Bottle Inc Stationery/Supplies 168.60 Prairie View Management RCF 2834.06 Precise MRM LLC Repair/Maint-Radio Equip 604.08 Radio Communications Radio & Communications 3773.27 Stephanie Rattenborg Rent Payments 500.00 Ray O'Herron Co Inc Medical & Lab Supplies 185.38 Reedsburg Hardware Co Minor Mv Parts & Access 290.22 Regional Medical Center Emergency Treatment 192.00 Rite Price Office Supply Supplies 552.76 River Valley Cooperative Natural -LP Gas-Fuel Oil 6958.04 Runde Auto Group Repair/Maint- Vehicle 128.42 S&D Supply Inc Minor Equip & Hand Tools 265.13 Sadler Power Train Inc Construction & Maint 20.65 Scherrmans Implement Construction & Maint 85.10 Scott VanKeppel LLC Construction & Maint 92.83 Silveredge Cooperative Fuels 4448.16 Simons Feed Service Public Education Items 26.35 Daniel W Small Minor Equip & Hand Tools 54.99 Smittys Tires & Tubes 771.18 Solutions Inc Data Processing 4361.95 Standard Auto Parts LLC Repair/Maint- Vehicle 304.22 TekSupply Minor Mv Parts & Access 379.50 Terminal Supply Company Minor Mv Parts & Access 414.43 Three Rivers FS Repair/Maint-Misc Equip 24505.49 Treasurer State of IA DHS Inpatient/Hospital 197541.48 US Cellular Telephone Services 209.86 US Postmaster Postage & Mailing 788.00 FE Welterlen Motors Inc Repair/Maint- Vehicle 33.45 Windstream Telephone Service 1663.79 Alan Wulfekuhle Rent Payments 300.00 Zee Medical Inc Medical & Lab Supplies 62.45 Ziegler Inc Construction & Maint 201.27

All Ayes There were no “Applications for Approval of Underground Construction on Delaware County Right-of-Way” submitted for consideration at today’s meeting. Motion made by Helmrichs, second by Madlom and carried to acknowledge receipt of a manure management plan update from Chris Wessels in Section 33 of Bremen Township. All Ayes Motion made by Madlom, second by Helmrichs and carried to acknowledge receipt of a letter from county employee Janice Rion resigning her position as part-time Community Life Trainer with the Community Services Department effective January 4, 2014. Ms. Rion gave high praise to the staff at the Community Services Department and is sorry for the necessity of the situation. All Ayes

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Motion made by Helmrichs, second by Madlom and carried to acknowledge receipt of the Treasurer’s Semi-Annual Report as follows: Semi-Annual Report

1/07/14 Carolyn A. Wilson, Delaware County Treasurer, Manchester , IA

Certification Date January 13, 2014 For the period from July 1, 2013 - December 31, 2013, Inclusive Statement of Account By Fund

Fund Balance Revenues Total To be Disbursements Fund Balance Auditor's Warrants July 1, 2013 Accounted For December 31, 2013 Outstanding

General Basic 2,197,567.26 2,343,101.59 4,540,668.85 2,263,467.02 2,277,201.83 15,167.87 General Supplemental 709,967.79 706,027.57 1,415,995.36 772,600.28 643,395.08 51,685.73 Rural Services Basic 29,827.69 1,406,922.97 1,436,750.66 1,191,073.50 245,677.16 6,231.00 Secondary Road 2,800,929.27 3,905,683.66 6,706,612.93 5,112,988.24 1,593,624.69 53,663.11 Resource Enhancement Fund 26,778.62 15,492.76 42,271.38 2,896.13 39,375.25 .00 E911 155,440.43 76,731.77 232,172.20 80,930.70 151,241.50 .00 Emergency Management Fund 89,225.05 68,290.80 157,515.85 76,977.09 80,538.76 200.00 Advance Tax 59,847.98 40,453.42 100,301.40 60,792.98 39,508.42 .00 Township Control 5,536.77 238,741.64 244,278.41 235,317.38 8,961.03 .00 Corporation Control 45,157.65 2,683,717.47 2,728,875.12 2,686,795.10 42,080.02 .00 School Control 172,272.77 7,228,795.30 7,401,068.07 7,179,998.04 221,070.03 .00 Area School Control 11,527.67 474,755.77 486,283.44 471,798.98 14,484.46 .00 Hospital Control 14,671.47 681,141.22 695,812.69 674,801.40 21,011.29 .00 Special Fire Districts 171.23 6,234.98 6,406.21 6,326.80 79.41 .00 Lake District 27,550.81 171,361.16 198,911.97 93,318.40 105,593.57 .00 Ag. Extension 2,632.61 115,133.25 117,765.86 114,214.45 3,551.41 .00 Cons. Land Acquisition Trust 20,891.73 11,592.29 32,484.02 3,575.06 28,908.96 .00 Assessor 621,032.03 270,363.64 891,395.67 172,982.94 718,412.73 6,521.56 Motor Vehicle Trust 411,401.82 3,272,759.73 3,684,161.55 2,940,045.20 744,116.35 .00 City Special Assess. Project C 15,954.54 93,077.87 109,032.41 107,796.41 1,236.00 .00 Tax Redemption Trust 15,113.00 83,153.65 98,266.65 81,681.65 16,585.00 .00 Conservation Trust Fund 29,048.93 3,419.40 32,468.33 5,190.06 27,278.27 .00 Bangs /Tb 38.34 1,692.41 1,730.75 1,678.58 52.17 .00 Recorders Records Management 19,103.85 1,551.20 20,655.05 5,000.00 15,655.05 .00 Mh-Dd Services Fund 822,533.22 824,749.87 1,647,283.09 771,303.78 875,979.31 14,781.97 Recorder's Electronic Fee 752.00 1,525.00 2,277.00 2,018.00 259.00 .00 Sheriff’s Reserve 5,524.71 7,470.00 12,994.71 6,556.43 6,438.28 69.26 McGee Discretionary Fund 59,847.86 .00 59,847.86 4,679.72 55,168.14 .00 Debt Service Fund 8,208.87 38,854.05 47,062.92 7,577.86 39,485.06 .00 Lake Delhi Dam Project 5,697,816.00 127,963.15 5,825,779.15 210,365.62 5,615,413.53 .00 Lake District - Debt Service 19,706.71 263,073.37 282,780.08 125,056.25 157,723.83 .00 Capital Project - Spillway .00 2,999,999.00 2,999,999.00 .00 2,999,999.00 .00 14,096,078.68 28,163,829.96 42,259,908.64 25,469,804.05 16,790,104.59 148,320.50 January 13, 2014 - Balance on Hand - 16,790,104.59 I, Carolyn A. Wilson, Treasurer of Delaware County, do hereby certify that the report given is a correct summary of the business transacted by me as said Treasurer during the period therein specified. All Ayes Motion made by Madlom, second by Helmrichs and carried to acknowledge receipt of the Clerk of Court’s Monthly Report and Remittance showing that for the month of December 2013, $893.71 was collected and deposited into the general funds. All Ayes Discussion and Possible Consideration of Potential Dates for Special County Election A work session was held on January 9, 2014 to discuss issues regarding the setting of a potential date to hold a special election for the issuance of general obligation notes for the proposed renovation and expansion of the Sheriff’s Office and jail facilities. After a lengthy discussion during the work session, Supervisor Helmrichs suggested that a March election date was not feasible. She stated she would be more willing to look at a May election date. It was noted that Sheriff LeClere had asked for clear direction from the Board as to what would be expected of him and the appointed committee moving forward. Supervisor Helmrichs stated that she feels all three (3) Board members need to be present at the next committee meeting to hear what the members have to say and possibly look at the committee taking a vote as to what direction they see this project going. Chairperson Ries addressed Mayor Milt Kramer (Mayor for the City of Manchester) as to whether or not the proposed January 30th meeting date was still on the table. Mayor Kramer stated that his council was still willing to meet with the Board on this issue at 8:00 am on January 30th. Since the committee members have expressed interest in attending this meeting, Mayor Kramer also offered the use of the Manchester Fire Station as the venue for said meeting to allow for ample seating room. Supervisor Madlom stated that the jail basement and/or courtroom may also be available. Supervisor Helmrichs stated that the Board will send all committee members an invitation to attend the meeting at 8:00 am on January 30th with the City of Manchester. The venue for said meeting will be announced at a later time. Consideration of Implementation of a Proposed Voluntary Early Retirement Program According to the Board, they are considering the implementation of a one-time voluntary early retirement program to provide an incentive that promotes an orderly means of attrition for employees and anticipates a cost savings to the County. It will also recognize service to the County and acknowledges those employees with superior attendance during their employment. The proposed policy would pay a portion of the employee’s “single” plan health insurance policy. The amount of payment would depend on the employee’s age at retirement and years of service to the County. Employees wishing to be considered would need to file an application for early retirement between March 3, 2014 and April 3, 2014 with an effective retirement date of June 30, 2014 or before. There are still a few issues to look into with regards to the proposed policy. Also, the policy is still in draft format and may be altered before final consideration. Supervisor Madlom is in favor of moving forward with the policy. He would like clarification as to whether the years of service to the County would need to be consecutive years of service. Norm Wellman asked if the Board would consider making this an annual offering. Chairperson Ries stated that he would like to see it be offered as a one-time plan. However, the Board could consider offering it again in 5 or 6 years. Motion made by Helmrichs, second by Madlom and carried to table the consideration of implementing a Voluntary Early Retirement Program until the January 27, 2014 meeting. The Board directed the County Auditor to send the draft policy to all county department heads with direction to distribute the draft policy to all employees within their department. The Board will also take comments or suggestions from full-time employees regarding the proposed policy until January 21, 2014 at 4:30 pm. All Ayes

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ENGINEER’S REPORT None

NEXT MEETING The next regular session will be held on Tuesday, January 21, 2014. PUBLIC COMMENTS None Motion made by Madlom, second by Helmrichs and carried to adjourn the meeting at 1:40 pm. All Ayes These minutes have been read and approved. /S/ Jerry Ries, Chairperson /S/ Carla K. Becker, County Auditor

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STATE OF IOWA ) January 15, 2014 ) Ss: Manchester, Iowa DELAWARE COUNTY ) 11:00 a.m.

The Delaware County Board of Supervisors met in work session this date at 11:00 a.m. with all members present. Also present were Steve Leonard, Laurie Kramer, Robert Klima, Jim Locke, Larry Peter, Eve Peter, Garlyn Glanz, John Bernau, Matt Hektone (via telephone), Anthony Bardgett and Carla Becker. There were no members of the media was present. Chairperson Ries called the meeting to order.

The discussion began with a review of the latest draft of the proposed 28E Agreement. Steve Leonard, District President, stated that the District’s attorney would like some additional language added. They would like the word “construction” or “constructing” added to the fifth and sixth paragraphs on Page 1; Section 1, Page 1; and Section 2, Page 3. Additional comments were as follows:

Page 2, Section 5.2 – Add clarification to list Phase I & Phase II DNR permits. Also add reference to securing local flood plain permits. Thus, verbiage changed to Grant payments shall not begin until the District has filed approved Phase I and Phase II DNR permits and local flood plain permits for the project with the Board of Supervisors. Also, the length of time in the second to last sentence was increased from 30 days to 45 days.

Page 4, Section 6.5 – Change “All real property” to “All real property associated with the completed project.”

Page 4, Section 6.6.2 – Scratch everything but the last line and add a date of January 21, 2014 to the deadline.

Page 4, Section 6.6.4 – District’s attorney requested changes in this section regarding environmental issues. There were some slight changes in the language and the hold harmless provision was limited to three (3) years.

Page 5, Sections 6.6.5 & 6.6.6 – If the attorneys for the County feel these need to remain in the 28E Agreement, the verbiage should mimic that on the Quit Claim Deed.

Page 6, Section 8 – The word filtration was changed to “silt”. This is in regards to the silt catch basins.

Page 6, Section 9.1 – The District received alternative language for this section since their coverage will be all-perils and not all-risk.

Page 7, Section 9.4 – The contribution into the improvement fund should be yearly not monthly.

Page 7, Section 9.5 – The type of policy required should be a general liability policy instead of a comprehensive insurance policy.

With regards to the draft Quit Claim Deed prepared by the District’s attorneys, the County is asking for the following changes:

Bullet point #2 – Change portion of sentence to read “Grantor shall have the right, but not the obligation, to maintain that portion of the Property located northerly of the north right-of-way line of 267th Street, as reconstructed by Grantee or relocated in the future,”

Bullet point #5 – Change portion of sentence to read “Grantee and its successors are restricted from changing or altering that portion of the property located northerly of the north right-of-way line of 267th Street, as reconstructed by Grantee or relocated in the future…”

Bullet point #7 – Change sentence to read as follows:

Grantee and its successors shall operate the property so as to promote public access to “Lake Delhi” and/or the Maquoketa River.

Lastly, add the underlined verbiage to the seventh paragraph on page two:

To the extent that the following, or any other presently known or unknown liens, restrictions or encumbrances, encumber the property, the Grantor shall defend and hold harmless the Grantee from all costs, damages, fees (including reasonable attorney fees) related thereto:

Chairperson Ries asked if County Attorney John Bernau had any other concerns regarding the quit claim deed or the 28E agreement. Mr. Bernau stated that he felt comfortable with the changes that were recommended today.

A tentative work session was scheduled for Friday, January 17, 2014 at 10:00 am to meet with the Lake District Trustees regarding the 28E agreement and property transfer. If everyone is agreeable to the newly revised agreement and deed of transfer, the work session will be cancelled.

There being no further business before the Board, the work session was closed at 12:00 pm (noon).

These minutes have been read and approved. /S/ Jerry Ries, Chairperson /S/ Carla K. Becker, Auditor STATE OF IOWA ) January 17, 2014 ) Ss: Manchester, Iowa DELAWARE COUNTY ) 10:00 a.m.

The Delaware County Board of Supervisors met in work session this date at 10:00 a.m. with all members present. Also present were Steve Leonard, Larry Peter, Eve Peter, John Bernau, Bob Hatala (via telephone), Anthony Bardgett and Carla Becker. There were no members of the media was present. Chairperson Ries called the meeting to order.

Steve Leonard, Lake District President, updated the Board on the District’s last meeting. According to Mr. Leonard, the Corps of Engineers will be signing the federal permit early next week. From there it will go directly to SHIPPO for approval. They anticipate receiving the approved federal permit by the end of this month.

Bob Hatala, General Counsel for the Lake District, requested the following verbiage change for Sections 6.5 and 9.5:

6.5 Real Property. Project property shall be administered subject to the provisions of this Agreement, and shall remain with the District or other political subdivision of the State of Iowa after termination of this Agreement, except as otherwise stated in this Agreement.

9.5 Liability and Property Damage Insurance. During and following construction of the Project, the District shall procure and maintain in full force a general liability insurance policy for damages for personal injury, death or property damage with minimum liability limits of $1 million for personal injury or death of each person and $2 million for personal injury or deaths of two or more persons in each occurrence, and in a minimum amount of $1 million for damage to property resulting from each occurrence.

There was no opposition to these changes.

There being no further items before the Board, Chairperson Ries closed the work session at 10:10 am.

These minutes have been read and approved. /S/ Jerry Ries, Chairperson /S/ Carla K. Becker, County Auditor

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STATE OF IOWA ) January 21, 2014 ) Ss: Manchester, Iowa DELAWARE COUNTY ) 8:15 am The Delaware County Board of Supervisors met in regular session this date at 8:15 am with all members present. Also present were, Elise Bergan, Bruce Schneider, Laurie Kramer, Steve Leonard, Anthony Bardgett, Carla Becker, and two (2) members of the media. Chairperson Jerry Ries called the meeting to order. Motion made by Madlom, second by Helmrichs and carried to approve the minutes from the January 13, 2014 regular session and the January 15 and 17, 2014 work sessions. All Ayes Motion made by Helmrichs, second by Madlom and carried to approve the following employees to attend their respective out-of-county meetings: Shirley Helmrichs to attend the BDF meeting in Independence on January 21, 2014; Jeff Madlom, Shirley Helmrichs and Anthony Bardgett to attend the RPA meeting in Dubuque on January 23, 2014; and Jerry Ries to attend the RC&D meeting in Maquoketa on January 22, 2014. All Ayes There were no claims submitted for consideration of payment at today’s meeting. There were no “Applications for Approval of Underground Construction on Delaware County Right-of-Way” submitted for consideration at today’s meeting. Motion made by Helmrichs, second by Madlom and carried to acknowledge receipt of a manure management plan updates from Craig Wilgenbusch, CW Pork in Buchannan County and Kenneth Wilgenbusch also in Buchanan County as well as a new permit application filed by Ron and Arlene Wulfekuhle, Classic Pork LLC, to construct a facility in Section 25 of Adams Township. Said facility will have an animal unit capacity of 1,853.6 and will require further action by the Board. All Ayes Motion made by Helmrichs, second by Madlom to approve the 28E Agreement between Delaware County and the Lake Delhi Combined Recreational Facility and Water Quality District. Steve Leonard, President of the District, stated that the Lake District Trustees met last night and approved the 28E Agreement and the transfer of the Turtle Creek Cove property to the County. Supervisor Ries stated that he is still not in agreement with the cost sharing of the public access improvements at the Turtle Creek Cove and will not vote for the agreement because of that fact. Ayes: Madlom and Helmrichs Nay: Ries Motion carried two (2) votes to one to approve the 28E Agreement as follows:

28E AGREEMENT This 28E AGREEMENT (the "Agreement") is entered into this 21st day of January, 2014, by and between the Lake Delhi Combined Recreational Facility and Water Quality District (the "District") and the County of Delaware, Iowa (the "County"). WHEREAS, the District is a combined recreational facility and water quality district organized and existing under Chapter 357E of the Code of the State of Iowa and is a public agency as defined in Iowa Code Chapter 28E, as amended; and WHEREAS, the County is a municipal corporation organized and existing under the laws of the State of Iowa and is a public agency as defined in Iowa Code Chapter 28E, as amended; and WHEREAS, public agencies may enter into an agreement for joint and cooperative action pursuant to Iowa Code Chapter 28E, as amended; and WHEREAS, certain parts of the District were severely damaged or destroyed during a disaster as defined in Iowa Code Section 292C.2; and

WHEREAS, the County wishes to make one or more grants to the District in order to provide financial assistance for a portion of the redevelopment of the Lake Delhi site damaged during the disaster, consisting of the construction, restoration and improvement of the spillway facilities located within both the District and the County; and WHEREAS, the District and the County desire to enter into an agreement under Chapter 28E, for the purpose of defining their respective rights and obligations in connection with the overall redevelopment project at Lake Delhi, consisting of the construction, restoration and improvement of the dam and spillway and the construction of certain public amenities, the sum of which the parties have jointly determined is of mutual benefit to the District and the County. NOW THEREFORE, in consideration of the premises, the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is expressly acknowledged by the parties, the District and the County hereby agree as follows: 1. PURPOSE. The purpose of this Agreement is to facilitate the joint exercise of the parties’ respective powers to construct, restore

and rebuild a dam and spillway located within both the District and the County, and to provide public recreational facilities for the use and enjoyment by the constituencies of both parties.

2. GOVERNANCE/ADMINISTRATION. No separate legal or administrative entity shall be created for the governance or administration of the terms or subject matter of this Agreement. No joint board shall be established. This Agreement will be administered by the Board of Trustees of the District, on behalf of the District, and the Board of Supervisors of the County, on behalf of the County.

3. PROJECT. The project shall consist of constructing, restoring, replacing and improving the dam and spillway facilities located within both the District and the County (the “Project”). Plans for the Project are attached hereto as Exhibit A. The cost of the Project is expected to be approximately $15.3 million.

4. DURATION. This Agreement becomes effective when approved by the Board of Trustees of the District and the Board of Supervisors of the County, and is electronically filed with the Secretary of State of Iowa, in accordance with the provisions of Iowa Code Section 28E.8 (2013). This Agreement shall remain in effect until it is terminated pursuant to a mutual agreement of the Parties, or is terminated earlier in accordance with the terms of this Agreement.

5. FINANCING. For and in consideration of the obligations being assumed by the District hereunder, and in furtherance of the goals and objectives of this Agreement, subject to Section 6 hereof, the County agrees to make grant payments to the District (“Grant Payments”) throughout construction of the Project as outlined in this Section 5. 5.1. The County shall make Grant Payments to the District for a portion of the Project costs arising out of the repair, restoration

and improvement of the spillway located at Lake Delhi, with the County’s contribution not to exceed $2,999,999. 5.2. Until $2,999,999 has been paid in aggregate, and upon receipt of an invoice for costs associated with the spillway portion of

the Project that has been approved and paid by the Board of Trustees for the District, the County shall make a Grant Payment equal to 50% of each invoice amount. The District shall submit to the County invoices for costs associated with the spillway within forty-five (45) days of the District’s payment of such invoice. The County shall make payment to the District of 50% of each invoice within thirty (30) days of the County’s receipt of request for reimbursement. Grant payments shall not begin until the District has filed approved Phase I and Phase II DNR permits and local flood plain permits for the Project with the Board of Supervisors. In addition, the County will, on a one-time basis, consider requests for reimbursement from the District for expenses incurred prior to the effective date of this Agreement. In order to qualify for reimbursement for expenses already incurred, the District must submit to the County such invoices within 45 days of receiving said permit approvals for the Project from the DNR and local officials.

5.3. The District agrees that it will cause the Project to be constructed in conformance with the Plans attached as Exhibit A in order to receive the Grant Payments provided for in this Section.

6. CONDITIONS TO GRANT PAYMENTS. 6.1. Public Amenities. In consideration for the Grant Payments to be made under this Agreement, the District agrees that in

connection with the Project, the District shall reimburse the County for a portion of the costs incurred by the County in constructing certain public amenities as described in the plans and cost estimate attached to this Agreement as Exhibit B (“Public Amenity Improvements”).

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The cost to construct the Public Amenity Improvements shall be shared by both the District and the County. The District agrees to pay 50% of each invoice for net costs paid by the County which are associated with the Public Amenity Improvements submitted to the District by the County for reimbursement, up to a maximum amount not to exceed $350,000. The District shall reimburse the County for such invoices within 30 days of receipt from the County. The County will not use any bonds or finance issuance pursuant to Iowa Code Section 331.441 for payments made for the Public Amenity Improvements pursuant to this Section 6.1.

6.2. Usage of Public Amenities. It is intended by both parties that the public amenities described in Section 6.1 above shall be made available for public use and free to all persons.

6.3. Signage. Signage regarding public access shall reflect the joint investment made by the District and the County, and will be agreed to by both parties.

6.4. Trail. A further consideration for the Grant Payments, the District agrees that as part of the Project it shall construct a trail which allows portage of canoes, kayaks, and inflatable craft so that recreational users can bypass Lake Delhi dam and spillway while using the Maquoketa river trail.

6.5. Real Property. Project property shall be administered subject to the provisions of this Agreement, and shall remain with the District or other political subdivision of the State of Iowa after termination of this Agreement, except as otherwise stated in this Agreement.

6.6. Transfer of Turtle Creek Cove. In consideration of the County’s obligations hereunder, the District shall transfer to the County and the County shall accept from the District those certain parcel(s) of real property which are legally described on Exhibit C attached hereto (ATurtle Creek Cove@), together with all easements, tenements, hereditaments, and appurtenances belonging thereto and all buildings, structures, and other improvements erected or placed at Turtle Creek Cove, on the following terms and conditions:

6.6.1. The District shall deliver to the County a duly recordable, Quit Claim Deed for Turtle Creek Cove (upon terms and conditions, and in the form attached as Exhibit D to this Agreement, which such terms and conditions are herein incorporated by this reference) conveying to the County marketable fee simple title to Turtle Creek Cove and all rights appurtenant thereto, subject only to the encumbrances acceptable to the County.

6.6.2. The Closing on Turtle Creek Cove shall take place as soon as reasonably possible, but in no event later than January 21, 2014.

6.6.3. Until the transfer of Turtle Creek Cove, the District shall have the full responsibility and the entire liability for any and all damages or injury of any kind whatsoever to Turtle Creek Cove and any and all persons, and all property from and connected to Turtle Creek Cove.

6.6.4. The District warrants that, to the best of its knowledge and except as would be expected to have a material adverse effect, the District is not in violation of, in connection with its ownership, use, maintenance or operation of Turtle Creek Cove, any applicable federal, state, county, or municipal or local statutes, laws, regulations, rules, ordinances, codes, standards, orders, licenses and permits of any governmental authorities relating to environmental matters (being hereinafter collectively referred to as the AEnvironmental Laws@) or any other applicable environmental standards or requirements. The District agrees to hold the County harmless from any and all claims, actions, or liability that may arise from an environmental contamination issue at Turtle Creek Cove that arose or arises prior to closing. Without limiting the foregoing, this warranty and hold harmless agreement shall include any substances in the air, soil or groundwater coming with the definition of hazardous waste or substances, pollutants or contaminants under any state or federal or local law, rule or regulation, including without limitation asbestos and polychlorinated biphenyls, or the presence of any underground storage tanks or contamination of any kind. The representations, warranties and hold harmless provisions set forth in this Section 6.6.4. shall survive the closing for a period of three (3) years.

6.7. Public Bidding. In order to be eligible for the Grant Payments described in this Agreement, the District shall comply with Chapter 26 of the Iowa Code, as amended, and any other state or federal laws, rules and regulations that may apply with respect to construction of the Project.

6.8. Construction. The District shall be responsible for administering construction of the Project to completion, including, but not limited to:

6.8.1. Providing a contact person responsible for coordinating and facilitating dissemination of information regarding the Project to the County as reasonably requested by the County;

6.8.2. Securing up-front financing for the Project and the District’s expense portion of the Public Amenity Improvements, by providing to the County proof, in the form of one or more binding firm commitments, of financing for acquisition of the land, construction and engineering costs.

6.8.3. Processing and paying the invoices associated with construction of the Project and maintaining a budget for the Project.

7. REPRESENTATIONS AND WARRANTIES. 7.1. Authorization. Each party to this Agreement represents and warrants to the other that:

7.1.1. It has the right, power, and authority to enter into and perform its obligations under this Agreement. 7.1.2. It has taken all requisite action (corporate, statutory, or otherwise) to approve execution, delivery, and performance

of this Agreement; and this Agreement constitutes a legal, valid, and binding obligation upon itself in accordance with its terms.

7.2. Compliance with Laws. The District will comply with all state, federal and local laws, rules and regulations relating to the construction and operation of the Project and will use its best efforts to obtain or cause to be obtained, in a timely manner, all required permits, licenses, and approvals necessary to construct the Project. Neither party shall, at any time or times during the Agreement, conduct or permit any activities on or in the Project area which shall violate any federal or state constitutional, regulatory or statutory provisions and any local ordinances or policies, as applicable. If the District violates any provision of this Section 7.2, the County shall have no obligation to make any further Grant Payments to the District.

8. MAINTENANCE AND REPAIR. Upon completion of the Project, the routine maintenance, operation, repair and replacement costs associated therewith shall be the responsibility of the District. If ownership of the Public Amenity Improvements or any part thereof is transferred by the District to the County, then either the County or the Delaware County Conservation Board shall be responsible for any ongoing maintenance of the Public Amenity Improvements owned by the County including the dredging of Turtle Creek Cove and maintenance of any water shed silt catch basin(s). This provision shall survive the termination of this Agreement.

9. INSURANCE, INSPECTIONS AND IMPROVEMENT FUND. 9.1. Property Casualty Coverage. During construction of the Project the District shall insure alterations, additions, and

improvements. The insurance shall be special perils coverage, or at a minimum provide coverage against all of the following losses: loss or damage by flood, fire, lightning, windstorm, hail, explosion, riot, riot attending a strike, civil commotion, damage from aircraft and vehicles, and smoke damage, in amounts equal to not less than 100% of the full insurable value of the Project agreed upon by mutual parties. The term “full insurable value” shall mean the actual replacement cost, without deduction for physical depreciation of the Builder’s Risk value.

9.2. Dam Inspection. Following construction of the Project, the District will cooperate with the Department of Natural Resources (DNR) to conduct an inspection of the dam with such frequency as determined necessary by the DNR. In the event that the DNR does not conduct an inspection at least every 5 years, the District, at its sole expense, shall hire a professional engineer with experience in dams to inspect the dam. All inspection reports shall include a summary of the findings of the inspection and list any defects identified. The District shall provide copies of all dam inspection reports with the Delaware County Board of Supervisors within 30 days of receipt. The District shall promptly remedy any defects noted in the inspections, including any follow-up directives for repairs or further investigations. The District shall provide the County with reasonable timeframes for completion of all defects and follow-up items noted, and shall use diligent efforts to comply with the timelines.

9.3. Inspection Reports. The District shall keep a permanent file containing all inspection records throughout the existence of the dam, including records of all actions take to correct deficiencies found in such inspections.

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9.4. Improvement Fund. The District will maintain a fund to be known as the Lake Delhi Dam and Spillway Improvement Fund (the "Improvement Fund"). The minimum amount to be deposited in the Improvement Fund each year shall be $10,000 (beginning with fiscal year 2016-2017); provided, however, that when the amount of said deposits in said fund shall equal or exceed $150,000, no further monthly deposits need be made into the Improvement Fund except to maintain it at such level. Money in the Improvement Fund shall be used solely for the purpose of paying the cost of extraordinary maintenance expenses or repairs to the dam or spillway. Whenever it shall become necessary to use money in the Improvement Fund, the payments required above shall be continued or resumed until the Improvement Fund shall have been restored to the required minimum amount. The Improvement Fund shall not be used to cover operating expenses or discretionary capital improvements, but shall instead be used only to cover repairs and maintenance as indicated in the DNR or private engineer inspection reports as required under Section 9.2 hereof, or an unexpected casualty loss to the dam or spillway.

9.5. Liability and Property Damage Insurance. During and following construction of the Project, the District shall procure and maintain in full force a general liability insurance policy for damages for personal injury, death or property damage with minimum liability limits of $1 million for personal injury or death of each person and $2 million for personal injury or deaths of two or more persons in each occurrence, and in a minimum amount of $1 million for damage to property resulting from each occurrence.

9.6. Insurance Proceeds. If proceeds of insurance received by the District from the policies described in this Section are sufficient to repair and rebuild the Insured Premises either to substantially the same condition that they were in before the damage or destruction or to a condition which will be acceptable to County, then District shall use such proceeds to repair, rebuild and replace the Insured Premises.

9.7. Other Insurance Provisions. All insurance provided for in this section shall be effected under valid and enforceable policies issued by companies of recognized responsibility. The policies required under this section shall name the County as an additional insured and shall provide for at least thirty (30) days notice to the County before cancellation, for at least one year following completion of the Project. On the execution of this Agreement, originals of the policies, or certificates of the same issued by the respective insurers, shall be delivered to the County. The District shall not violate, or permit to be violated, any of the conditions or provisions of any policy, and shall so perform and satisfy the requirements of the companies writing the policies that at all times companies of recognized standing shall be willing to write and continue the insurance. This Section shall survive the termination of this Agreement.

10. INDEMNIFICATION. To the extent authorized by law, the District agrees to indemnify and to hold the County, its elected officers, agents, employees and successors and assigns, harmless from and against all claims, demands, actions and/or causes of actions, judgments, settlements, or other costs, including reasonable attorney’s fees, which the County, its successors and assigns, may incur or sustain a) by reason of the District’s breach of this Agreement or failure to legally or timely meet the responsibilities imposed herein, or b) from claims or actions for bodily injury, death, sickness, property damage, or other injury or damage arising in connection with the Project and the Public Amenity Improvements (but with respect to claims arising in connection with the Public Amenity Improvements, only those claims arising during the District’s ownership of the Public Amenity Improvements).

11. TERMINATION. 11.1.With Cause. In the event that either party determines that the other party has defaulted in the performance of its

obligations hereunder, the non-defaulting party may declare that a default has occurred and give notice thereof to the defaulting party. Notice shall specify the nature of the default and the provisions of the Agreement involved, and shall specify what action is required of the defaulting party to correct the default. The defaulting party shall have thirty (30) days from the date of its receipt by Certified Mail of the notice of default to correct the default. If at the end of said thirty (30) day period the default has not been corrected, the non-defaulting party may thereupon immediately terminate the Agreement without further notice.

11.2.In the event of termination, both parties shall be relieved of all further obligations or duties beyond the date of termination, but neither party shall be relieved of its duties and obligations under this Agreement through the date of termination. No partial termination (terminating a portion of the Agreement while retaining other portions) of this Agreement shall be permitted.

12. DEFAULT. 12.1.The occurrence of any one or more of the following events shall constitute cause for either party to declare the other party

in default of its obligations under the Agreement. 12.1.1. Failure to observe and perform any covenant, representation, warranty, condition, or obligation created under the

Agreement; or 12.1.2. Failure to make substantial and timely progress toward performance of the Agreement.

12.2.The following shall constitute default of the District of its obligations under this Agreement: 12.2.1. Failure by the District to cause the construction of the Project to be completed and the operations to continue

pursuant to the terms and conditions of this Agreement; or 12.2.2. Transfer of the Districts' interest in the Project or the Public Amenity Improvements or any interest in this

Agreement, except with respect to transfer of all or a portion of the Public Amenity Improvements to the County; or

12.2.3. The District shall (i) file any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the United States Bankruptcy Act of 1978, as amended, or under any similar federal or state law; or (ii) make an assignment for the benefit of its creditors; or (iii) admit in writing its inability to pay its debts generally as they become due; or (iv) be adjudicated as bankrupt or insolvent; or if a petition or answer proposing the adjudication of the District as bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of the District or the Insured Premises, or part thereof, shall be appointed in any proceedings brought against the District, and shall not be discharged within ninety (90) days after such appointment, or if the District shall consent to or acquiesce in such appointment; or

12.3.The holder of any mortgage on the Project, or any portion thereof, commences foreclosure proceedings as a result of any default under the applicable mortgage documents.

13. REMEDIES. 13.1.Remedies. Should either party default on its obligations under this Agreement, the other party may:

13.1.1. suspend its performance under this Agreement until it receives assurances from the defaulting party, that the defaulting party will cure the default and continue its performance under this Agreement;

13.1.2. terminate this Agreement; 13.1.3. take any action, including legal, equitable or administrative action, which may appear necessary or desirable to

enforce performance and observance of any obligation, agreement, or covenant of the defaulting party, as the case may be, under this Agreement.

13.2.No Remedy Exclusive. No remedy herein conferred upon or reserved is intended to be exclusive of any other available remedy or remedies, but each and every remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient.

13.3.No Implied Waiver. In the event any agreement contained in this Agreement should be breached by any party and thereafter waived by any other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder.

14. DISPUTE RESOLUTION. The parties agree that any and all actions arising out of or in connection with this Agreement or the Project shall be governed by the laws of the State of Iowa and shall be brought in the Iowa District Court for Delaware County.

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15. NO JOINT VENTURE OR OBLIGATION. The obligations of the District and the County under this Agreement are separate obligations and are not joint obligations. No joint venture is intended or created by this Agreement.

16. NOTICES. All notices which the parties are authorized or required to give pursuant to this Agreement shall be mailed by Certified Mail or personally delivered to the individuals and at the addresses identified below:

If to Lake Delhi Combined Recreation and Water District: Lake Delhi Combined Recreation Facility and Water Quality District

Lake Delhi District Trustees 712A 3rd Street Delhi, IA 52223

If to County of Delaware, Iowa: County of Delaware, Iowa Attn: Board Chairperson 301 E Main Street Manchester, Iowa 52057 ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties and supersedes any and all previous agreements between the parties concerning this Project. 17. AMENDMENT. This Agreement may be amended at any time only by mutual written agreement of the parties. 18. BINDING EFFECT. The terms and conditions of this Agreement shall extend to and be binding upon the successors in interest of

the respective parties hereto. 19. WAIVER. Except as specifically provided for in a waiver signed by duly authorized representatives of both parties, failure by any

party at any time to require performance by the other party or to claim a breach of any provision of the Agreement shall not be construed as affecting any subsequent breach or the right to require performance with respect thereto or to claim a breach with respect thereto.

20. SEVERABILITY. If any provision of this Agreement is for any reason held to be illegal or invalid, such illegality or invalidity shall not affect any other provision entered into, each of which shall be construed and enforced as if such illegal or invalid portion were not contained herein. Nor shall such illegality or invalidity of any application thereof affect any legal and valid application thereof, and each such provision shall be deemed to be effective in the manner and to the full extent permitted by law.

21. ASSIGNMENT. Neither the District nor the County shall assign its interests under this Agreement without the prior written consent of the other party.

22. COUNTERPARTS. This Agreement may be executed in counterparts, each of which so executed shall be deemed to be an original. IN WITNESS WHEREOF, the District and the County have caused this Agreement to be approved by resolutions of their respective governing bodies and have caused this Agreement to be duly executed on their behalf by their duly authorized representatives on the date first written above. LAKE DELHI COMBINED RECREATIONAL FACILITY AND WATER QUALITY DISTRICT By: /S/ Steve Leonard, Board President By: /S/ Laurie Kramer, Board Treasurer COUNTY OF DELAWARE, IOWA By: /S/ Shirley E. Helmrichs, Board Vice-Chairperson By: /S/ Carla K. Becker, County Auditor

EXHIBIT A

Lake Delhi Dam Rebuild Project - 2014 The Lake Delhi Dam Rebuild Project will restore Lake Delhi to its original lake level by rebuilding the 2010 breeched earthen dike as well as repairing and modernizing the original concrete structure constructed in 1928 by Interstate Power Co. The rebuild project plan is anticipated to be completed in two separate phases. In general, Phase 1 work is all construction on the current concrete structure as well as the north dike connecting the concrete structure to the north embankment. Two new small cofferdams will be built, one upstream and the other downstream so that excess materials can be removed on both sides of the concrete structure. Phase 1 major components of work includes demolition of the north dike, demolition of the three original spillway gates, demolition of the obsolete mechanical and electrical systems within the concrete structure, rebuilding the four concrete piers to house three new modern spillway gates including their mechanical and electrical systems, concrete surface repair of the entire structure, rebuilding of the north dike wall, fencing, and all mechanical and electrical systems to control water flows through the dam, either automatically, semi automatically or manually. In general, Phase 2 work is all construction on the south side of the current dam, which was lost in the breech. This work includes building the main cofferdam on the upstream side to divert the river through the restored concrete structure’s spillway gates once they are ready, demotion of the existing south dike that currently remains, construction of the new south dike, construction of the new concrete labyrinth spillway and stilling basin, and all required safety equipment for the new spill-way. Also included is a stop log structure to help with gloating debris removal from the river during times of the year when this is a problem. Estimated Cost of Dam/Spillway Project as of 1/14/2014

Construction only COST Phase 1 $4,426,000

Construction only COST Phase 2 $6,812,500

Budget for: Expected Contingencies, Engineering Costs of Phase 1/Phase 2, Onsite Engineering support for Phase 1/Phase 2, Property Acquisition, Public Access, US Army Corp. of Engineers Mitigation expenses, District Overhead/Operating Expenses. $4,060,100

Total Estimated project of Dam/Spillway $15,298,510

Turtle Creek Cove Budget (Maximum Allocated) $350,000

Total $15,648,510

Note: Estimated Costs shown do not reflect Lake Bed Dredging, Lake Bed Clean-up/ Tree Mitigation.

Estimated Source of Funds: State Allocation for Studies $350,000 State Allocation $2,500,000 State Allocation $2,500,000 Lake District General Obligation Bonds $6,000,000 Delaware County $2,999,999 Community Fund to Rebuild Lake Delhi Cash $700,000 Community Fund to Rebuild Lake Delhi pledges $1,000,000 Total $ 16,040,000

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EXHIBIT B Public Amenity Improvements at Turtle Creek Park

Proposed Project Description To aid in better public access at the Turtle Creek Park area, Delaware County will replace the bridge on 267th Street at Turtle Creek Park and realign the road. The elevation of the new bridge will be increased from the elevation of the old bridge to where water craft will be able to access the main channel of the lake much easier. The bridge and road will also be wider which will allow more efficient flow for two way traffic. A double lane concrete boat ramp at no more than 12% to 14% slope will be installed on the eastern side of Turtle Creek Cove. Approximately 1.5 acres near the eastern ramp will be cleared, shaped, and graded to construct a rock based truck and trailer parking area, with no more than 2 1/2 % slope. Two (2) courtesy docks will be purchased and installed at the eastern boat ramp. A walking trail portage will be constructed from the parking area to the water and boat docks. One pit toilet building will be constructed with public handicap accessible access near the parking lot and east boat ramp. Approximately 10,000 cubic yards of silt material will be removed from the cove to provide boat access to deeper lake waters and the main channel of the Maquoketa River. The single lane boat ramp access at the West Turtle Creek Park will continue to be maintained for canoes and small watercraft. A beach area will be constructed on either the west or east side of the cove. If located on the west side of said cove, a second handicapped accessible pit toilet building will be constructed near said beach. Cost of Items for Amenities Anticipated to be Eligible for Marine Fuel Tax Grant Boat Ramp $26,125 Boat Ramp $26,125 Parking $16,500 Parking $16,500 Restrooms (2) $36,000 Restrooms (1) $18,000 Courtesy Dock $8,000 Courtesy Dock $8,000 Dredging of Cove $44,500 Dredging of Cove $44,500 Beach Area $6,000 Beach Area Not Eligible Fish Access $0.00 Fish Access Not Eligible Silt Catch Basins $36,000 Silt Catch Basins Not Eligible Total $173,125 Total $113,125 Cost Share 75% DNR $84,843.75 Cost Share 25% County $28,281.25 Road and Bridge Expenditures $396,780.10 Total Cost 569,905.10 Less Projected Grant Receipts -$84,843.75 Net cost of Project 485,061.35 Proposed County 50% $242,530.68 Proposed District 50% $242,530.67

EXHIBIT C

EXHIBIT D

Prepared By: Information Matthew J. Hektoen 115 3rd St. SE, Suite 1200, Cedar Rapids, IA 52401 319-366-7641 Return / Send Tax Statement to: Information: Delaware County Auditor’s Office, Attn: Carla Becker, 301 E. Main Street, Manchester, IA 52057

QUIT CLAIM DEED

For One Dollar ($1.00) and other valuable consideration, and on this ___ day of January 2014 (the “Effective Date”) LAKE DELHI COMBINED RECREATIONAL FACILITY AND WATER QUALITY DISTRICT, does hereby Quit Claim to the COUNTY OF DELAWARE, IOWA, all our right, title, interest, estate, claim and demand in the following described real estate in Delaware County, Iowa:

Parcel 2013-35 Part of the Northeast Quarter (NE ¼) of the Southwest Quarter (SW ¼), part of the Northwest Quarter (NW ¼) of the Southwest Quarter (SW ¼), part of the Southwest Quarter (SW ¼) of the Northwest Quarter (NW ¼), and part of the Southeast Quarter (SE ¼) of the Northwest Quarter (NW ¼), all in Section Twenty Five (25), Township Eighty-Eight North (T88N), Range Five West (R5W) of the Fifth Principal Meridian, Delaware County, Iowa, according to the plat recorded in Book 2013, Page 1676 of the records of the Delaware County, Iowa Recorder (the “Property”) This is a deed without consideration, no Declaration of Value Statement or Groundwater Hazard Statement is required under 428A.2(21).

The conveyance of the above described real estate is subject to the following restrictions, covenants, easements and reversionary rights:

1) An easement for the benefit of Parcel L, Part of “Tract No. 4” (Plant Site), Part of the SW ¼ of the NW ¼ of Section 29, and Part of the SE ¼ of the NE ¼, Section 30, all of T88N, R4W of the Fifth P.M., Delaware County, Iowa, according to the Plat recorded in Book 7 Plats, Page 213 (the “Dam Site”) for water flowage in, over, upon, through or below the Property together with all rights and privileges incident to the use and enjoyment of said easement, and for the permanent impoundment of water; and

2) Grantor shall have the right, but not obligation, to maintain that portion of the Property located northerly of the north right-of-way line of 267th Street, as reconstructed by Grantee or relocated in the future, including the right to re-grade, remove silt and other soils and dredge the Property irrespective of whether water has been impounded or retained over the Property; and

3) An easement for the benefit of the owner of the Dam Site to temporarily inundate the Property with waters impounded by or released from the Dam Site or any other structure now constructed or constructed in the future on the Dam Site; and

4) Grantee and its successors are restricted from changing or altering that portion of the Property located northerly of north right-of-way line of 267th Street, as reconstructed by Grantee or relocated in the future, without the prior written permission from Grantor;

5) Grantee and its successors shall take no action to convert the Property to a “Private Business Use” as defined by the Internal Revenue Code Section 141(b), as amended; and

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6) Grantee and its successors shall operate the Property so as to promote public access to “Lake Delhi” and/or the Maquoketa River.

In the event Grantee or its successors breaches the covenants set forth in Sections 4, 5 and 6 above, Grantor may provide a written notice to Grantee or its successors of said breach whereupon Grantee or its successors shall have ninety (90) days to remedy said breach. In the event said breach is not remedied within said timeframe, fee simple title to the Property shall revert to the Grantor. To the extent that the following, or any other presently known or unknown liens, restrictions or encumbrances, encumber the Property as of the Effective Date, the Grantor shall defend and hold harmless the Grantee from all costs, damages, fees (including reasonable attorney’s fees) related thereto:

a) Case Number LNCV 007172, Delaware County, (Dave’s Complete Construction v. LDRA); b) Case Number LNCV 007194, Delaware County, (Dave’s Complete Construction v. LDRA); c) Case Number LNCV 007173, Delaware County, (Stahlberg v. LDRA); and d) Case Number LNCV 007500, Delaware County, (Modern Hydro v. LDRA).

Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. LAKE DELHI COMBINED RECREATIONAL FACILITY AND WATER QUALITY DISTRICT By: Steve Leonard, Board President COUNTY OF DELAWARE, IOWA By: Shirley E. Helmrichs, Board Vice-Chairperson By: Carla K. Becker, County Auditor Motion made by Madlom, second by Ries and carried to accept the transfer of the Turtle Creek Cove property from the Lake Delhi Combined Recreational Facility and Water Quality District Trustees to Delaware County subject to the rights and reservations described in Exhibit D within the approved 28E Agreement between the two (2) parties. Said property being legally described as follows: Parcel 2013-35 Part of the Northeast Quarter (NE ¼) of the Southwest Quarter (SW ¼), part of the Northwest Quarter (NW ¼) of the Southwest Quarter (SW ¼), part of the Southwest Quarter (SW ¼) of the Northwest Quarter (NW ¼), and part of the Southeast Quarter (SE ¼) of the Northwest Quarter (NW ¼), all in Section Twenty Five (25), Township Eighty-Eight North (T88N), Range Five West (R5W) of the Fifth Principal Meridian, Delaware County, Iowa, according to the plat recorded in Book 2013, Page 1676 of the records of the Delaware County, Iowa Recorder All Ayes Motion made by Helmrichs, second by Madlom and carried to approve the County to act as Fiscal Sponsor for the Edgewood Cemetery Association to apply for $3,728 of grant monies from the Future Foundation of Delaware County for the removal of six (6) unstable trees in the cemetery. All Ayes Motion made by Madlom, second by Helmrichs and carried to approve the final plans for the 301st Ave Bridge replacement project (BROS-C028(84)--8J-28). The state letting for this fiscal year 15 project is scheduled for an April 15, 2014. Funding for the project will be 80% federal aid and 20% local funding. All Ayes ENGINEER’S REPORT None

NEXT MEETING The next regular session will be held on Monday, January 27, 2014. PUBLIC COMMENTS Steve Leonard thanked the Board members for their support of the lakes return. He stated that the District is happy to partner with Delaware County to make the Lake Delhi recreational facility so much better. Motion made by Helmrichs, second by Madlom and carried to adjourn the meeting at 8:34 am. All Ayes These minutes have been read and approved. /S/ Jerry Ries, Chairperson /S/ Carla K. Becker, County Auditor

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STATE OF IOWA ) January 22, 2014 ) Ss: Manchester, Iowa DELAWARE COUNTY ) 1:30 p.m.

The Delaware County Board of Supervisors met in work session this date at 1:30 p.m. with Chairperson Jerry Ries and Board Member Jeff Madlom present. Supervisor Shirley Helmrichs was absent. Also present were Garlyn Glanz, Barry Smith, Gary Engelken, Ted Bohnenkamp, JoEllen Holtorf, Willard Hawker, Doug Hawker, Craig Davis, Anthony Bardgett, Randy Rattenborg, Nathan Hoogeveen, Dan Kirby, Ryan Wicks, Steve Duncan and Anne Rave. No media was present. Chairperson Ries called the meeting to order.

Chairperson Ries recognized County Engineer Anthony Bardgett to speak in regards to the restoration of the Maquoketa River at the Quaker Mill Pond area. Mr. Bardgett stated that they are currently at the conceptual stage of this process. A $252,000 Department of Natural Recourses grant was received for this project, with a 50/50 cost share. The purpose of this session today is to open up the floor for discussion, and hear comments from local residents, along with a presentation from Nate Hoogeveen, with the Iowa DNR Land and Water Bureau. At this point, Mr. Bardgett turned the floor over to Mr. Hoogeveen. Mr. Hoogeveen stated that the DNR has had long-term discussions regarding this project with Willard Hawker, owner of the Quaker Mill Dam and property near the dam. Mr. Hoogeveen went on to give a summary and the history of the Quaker Mill Dam and Pond area. He then presented a power point presentation to those present, addressing the goals of the project and providing photos of the area. The project goals are to:

• Restore the flow of water through the Quaker Mill Dam area, and develop flow under appropriately-designed bridge. • Reduce flood potential for homes upstream of impoundment. • Stabilizing and restoring the stream channel, and normalizing sediment transport. • Restore river and wetland habitats upstream in impoundment, and upstream and downstream of breach. • Provide a visually pleasing restoration. • Improve fishing and recreation as much as possible from current conditions.

Mr. Hoogeveen then addressed the steps involved in reaching those goals:

• Realigning the river to flow under appropriately-designed bridge. • Lowering the channel bed through the impoundment. • Restoring river banks with shaping and vegetation. • Construct an overflow riffle at the dike. • Restore the wetlands between the dike and Honey Creek.

Mr. Hoogeveen stated that the Quaker Mill Dam is a unique dam and does have historic value. However, it is causing problems in the area. Federal regulations and the permitting process may hold up the project since it is a historic dam. It may be that the dam could be removed, with some of the side structures staying in place. He stated that dropping the river bed by approximately three (3) feet near the Sunset Beach area is a consideration. Mr. Hoogeveen also talked about the possible vegetation being planted on the restored river banks. There were many concerns brought to his attention as far as what type of vegetation would be planted. He referred the crowd to some slides in his presentation, which showed pictures of various plants/grasses. There was a concern brought up that if the river bed is lowered approximately three (3) feet, and vegetation is planted on the river bank, that residents in the Sunset Beach area probably won’t even be able to see the river. Mr. Hoogeveen stated that this type of vegetation would normally only be knee to waist high. He would not recommend mowing the vegetation, as the reason it is there is to help stabilize the bank. He would not see any problem, however, mowing a narrow path from a residence to the water’s edge since these are anticipated to be gentle slopes. Various comments were received from those in attendance. Barry Smith addressed the various problems and expenses he has incurred over the twenty-plus years with his property due to the breaches. Comments were received from some Sunset Beach residents in attendance that not everyone in their area has the same opinion on this project. There are those that, understanding it may not be realistic anymore, would prefer to have their pond back and have things the way they used to be, accepting the fact that there is always the risk of flooding. Some would like to have access to the river from their residence for recreational purposes. A question was raised to Mr. Hoogeveen as to what kind of time frame we are looking at for this project and what should citizens be doing? Mr. Hoogeveen stated that the time frame is starting right now. They are hoping to bid the project late next winter, with completion being by late summer/early fall of 2015. It is important to have the area landowners interested in this project. He stated that if some landowners don’t want to cooperate with the DNR in this project, they may have to move the river more to the west toward the Hawker property as the Hawkers are willing to work with the DNR. Mr. Bardgett and Mr. Hoogeveen stressed the importance of the open lines of communication regarding the restoration of the river in the Quaker Mill Pond area. Chairperson Ries commented this was an informative session, and looks forward to more in the future.

There being no further business before the Board, the work session was closed at 3:00 p.m.

These minutes have been read and approved. /S/ Jerry Ries, Chairperson /S/ Anne Rave, Deputy Auditor

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STATE OF IOWA ) January 27, 2014 ) Ss: Manchester, Iowa DELAWARE COUNTY ) 1:15 pm The Delaware County Board of Supervisors met in regular session this date at 1:15 pm with all members present. Also present were, Tim Vick, Bruce Trapp, Norm Wellman, Anthony Bardgett, Carla Becker, and two (2) members of the media. Chairperson Jerry Ries called the meeting to order. Motion made by Helmrichs, second by Madlom and carried to approve the minutes from the January 21, 2014 regular session and the January 22, 2014 work session. All Ayes Motion made by Madlom, second by Helmrichs and carried to approve the following employees to attend their respective out-of-county meetings: Casey Snyder to attend the Jail In-Service School in Urbandale February 4 – 6, 2014; Norm Wellman to attend the Public Safety Broadband Network meeting in Cedar Rapids on February 12, 2014; Peggy Petlon to attend the CPC Regional meetings in Cedar Rapids on January 31st and February 11, 14, & 27, 2014; Peggy Petlon to attend the CPC Regional meeting and Governance Board meetings in Cedar Rapids on February 6 & 20, 2014; Peggy Petlon to attend the contracting meeting in Iowa City on February 5, 2014; Peggy Petlon to attend the RTA meeting in Dubuque on February 12, 2014; and Peggy Petlon to attend the TAB meeting in Elkader on February 21, 2014 . All Ayes Motion made by Helmrichs, second by Madlom and carried to approve the following claims for payment, including the January 24, 2014 payroll in the amount of $175,918.18 warrant numbers 5847-5957: Abbe Center for Comm MH Emergency Treatment 6061.06 Accent Laser Services Inc Stationery/Supplies 434.85 Advanced Systems Inc Stationery/Supplies 233.80 Alliant Energy Electrical Power 28.74 Altorfer Inc Construction & Maint 617.62 Ames Environmental Inc Education & Training 125.00 Abbe Management Corp Diagnostic Evaluation 191.04 Black Hills Energy Natural -LP Gas-Fuel Oil 2396.93 Bob Stephen Motors Inc Repair/Maint- Vehicle 1154.61 Bill Boll Rent Payments 325.00 R Ried Boom MD Medical & Health Services 300.00 BOSS Stationery/Supplies 13.20 Boubin Tire Co Repair/Maint-Const Equip 252.02 County Case Management Data Processing 535.50 Cedar Cross Overhead Door Buildings 4806.25 CenturyLink Data Processing Supplies 1631.80 CenturyLink Telephone Services 22.70 City Laundering Co Buildings-Repair/Maint 288.76 Clayton County VA General Transportation 510.84 Colesburg Public Library County Contribution 1890.79 City of Colesburg Roads 2159.29 Continental Research Corp Safety Items 351.63 D&S Portables Inc Custodial Supplies 264.00 Del Co Abstract Co Inc Land 1315.00 Delaware County Auditor Acct/Audit/Clerical 80.00 Delaware Co Econ Develop Value Added Ag 10000.00 Delaware Co Extension Township Manuals 375.00 Del Co Public Health Refunds /Reimbursements 5716.82 Delaware Co Solid Waste Sanitation Disposal 2045.55 Delhi Public Library County Contribution 2327.13 City of Delhi Roads 3004.40 Diamond Mowers Inc Construction & Maint 159.00 DJ Repair Repair/Maint- Vehicle 1354.74 Christopher Domeyer Public Education Items 30.00 Ronald J Domeyer Engineering Services 400.00 Edgewood Oil Co Lubricants 210.00 Edgewood Public Library County Contribution 1745.20 Jody Elgin Custodial Supplies 210.00 Tina Elgin Custodial 500.00 Election System & Software M100/AutoMark Maint 13163.96 Fareway Store Inc Food & Provisions 43.45 Fawcett's Medical & Health Services 944.00 Flor-Dri Supply Co Inc Cover Aggregate & Sand 6711.04 Al Freiburger Engineering Services 400.00 Goodwill Industries of NE IA Supported Comm Living 164.80 City of Greeley Water Use & Sewer 63.00 Hausers Water Systems Inc Water Use & Sewer 52.00 Henderson Products Steel-Iron-Related Metals 884.41 Heritage Printing Stationery/Supplies 590.51 Hillcrest Community MH Outpatient 87.00 Hopkinton Public Library County Contribution 2327.13 IA Co Recorders Assn Dues & Memberships 200.00 IA Comm Assurance Pool Blanket Insurance 5751.23 IACCVSO Education & Training 120.00 ISAC Education & Training 280.00 John Deere Financial Minor Equip & Hand Tools 35.41 Marty Kelzner Rent Payments 225.00 Koch Brothers Office Equipment 87.74 L&L Murphy Consulting Planning-Consulting 2000.00 Lahr Repair Inc Repair/Maint-Const Equip 4642.60 Lechtenberg Janitorial Custodial Supplies 287.50 Leonard Muller Funeral Medical & Health Services 935.00 Jill Lewis Buildings-Repair/Maint 150.00

M&M Construction Rent Payments 275.00 Manchester Area Chamber Dues & Memberships 75.00 Manchester Carquest Repair/Maint- Vehicle 46.34 Manchester Cemetery Co Care of Graves 130.00 Manchester Motor Supply Lubricants 45.43 Manchester Press Board Proceedings 674.10 Manchester Public Library County Contribution 7757.25 City of Manchester Utilities 47.07 Maquoketa Valley REC Utilities 1058.37 Marco Repair/Maint-Misc Equip 52.92 Martin Equipment of Illinois Construction & Maint 553.75 Matco Tools Nathan Pearson Minor Equip & Hand Tools 96.16 Matt Parrott & Sons Stationery/Supplies 596.80 McDowell Truck/Auto Repair Repair/Maint-Misc Equip 151.48 Jim Meader Engineering Services 400.00 Midwest Wheel Lubricants 963.00 Jenny Montgomery Miscellaneous 3.00 David J Mullis Rent Payments 400.00 Northeast Iowa Telephone Repair/Maint-Misc Equip 63.83 Nebraska-IA Industrial Fasten Shop Equipment 500.07 North American Salt Co Cover Aggregate Sand 32908.06 North IA Juvenile Detention Protection/Security 3125.00 Office Express Stationery/Supplies 38.30 Dennis Orr Engineering Services 800.00 Penn Center Inc Supported Comm Living 14730.85 Deborah L Peyton Employee Mileage/Subs 26.04 Prairie Inet Radio & Communications 142.31 Radio Communications Radio & Communications 358.66 Radiology Consultants of IA Emergency Treatment 192.00 Ray O'Herron Co Inc Minor Equip & Hand Tools 48.83 Regional Medical Center Legal-Court Related 16.50 Regional Medical Center Medical & Health Services 500.00 Rite Price Office Supply Custodial Supplies 673.58 Ritter Tool Sales Inc Minor Equip & Hand Tools 73.99 River Valley Cooperative Natural -LP Gas-Fuel Oil 4040.79 Ruth Suckow Mem Library County Contribution 2327.13 Michael K Ryan Postage & Mailing 13.44 Sadler Power Train Inc Construction & Maint 734.54 Schaul Housing Rent Payments 650.00 Daneen G Schindler Stationery/Supplies 6.89 Scott VanKeppel LLC Minor Mv Parts & Access 903.33 Simmons Perrine Moyer etal Legal-Court Related 6439.50 Daniel W Small Minor Equip & Hand Tools 139.99 Solutions Inc Data Processing 6794.63 Standard Auto Parts LLC Repair/Maint- Vehicle 289.41 Dave Staner Medical & Health Services 164.13 Stanley Consultants Inc Engineering Services 22636.55 Taylor Construction Inc Bridges 7666.53 Terminal Supply Company Construction & Maint 318.13 Terracon Consultant Inc Engineering Services 1806.00 Thomson Reuters Magazines/Books 864.59 Three Rivers FS Fuels 26203.80 Truax Co Inc Repair/Maint-Const Equip 646.50 Unity Point Clinic Safety Items 100.00 US Cellular Telephone Services 1603.47 Verizon Wireless Telephone Service 170.03 VISA / Mastercard Postage & Mailing 424.88 Walmart Community Custodial Supplies 410.63 Blue Cross & Blue Shield Insurance 8005.20 Stacy L Wessels Miscellaneous 8.00 Sarah M Whittle Miscellaneous 16.49 Windstream Data Processing 1041.32 WW Electric Bill Williams Buildings 266.74

There were no “Applications for Approval of Underground Construction on Delaware County Right-of-Way” submitted for consideration at today’s meeting. Motion made by Madlom, second by Helmrichs and carried to acknowledge receipt of manure management plan annual updates from Nicklos Andersen, Elk Ridge 38, in Section 18 of Elk Township; Kunkel Triple K Farms, LLC in Section 10 of Oneida Township and Gary Wedewer in Section 25 of Colony Township. All Ayes

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Update on Dispatch/Communications Operations – City of Manchester Manchester City Manager Tim Vick updated the Board on the Communications Center and presented them with a proposed draft budget for fiscal years 13-14 and 14-15. The re-estimation for FY13-14 showed a reduction of approximately $3,000 which was mostly due to the reduction of employee insurance costs. The estimated FY14-15 has expenditures increasing $9,000 over the FY13-14 budget and $12,000 over the re-estimated FY13-14 expenditures. According to Mr. Vick this increase is due to increased employee benefits and salary. The City of Manchester works with Benefit Solutions regarding its health insurance for employees. They are projecting a 25% increase in insurance premiums for FY14-15. The City is also seeing an increase in work comp premiums for this classification. Per the union contract for FY14-15 employees will receive a $.50/hour increase. For most employees this will average out to a 3 - 3 ½% wage increase. Mr. Vick emphasized that the City only bills the County for actual expenses incurred not budgeted or proposed expenses. The cost share is 60/40 with the County covering 60% and the City of Manchester covering 40%. Supervisor Ries was concerned that the billings have not been timely. The County received a billing for two (2) quarters at the same time in January. Mr. Vick stated that this shouldn’t happen and they are looking at processes to help with this. However, the staff gets busy and sometimes gets behind on things. They will try to do better in the future. There being no further questions, the Board thanked Mr. Vick for his presentation. Motion made by Helmrichs, second by Madlom and carried to table the consideration of the Voluntary Early Retirement Policy until the February 10, 2014 meeting to allow for further research regarding possible employee options and taxability. The Auditor’s Office was in contact with Tom Schuetz, Group Services, regarding the proposed policy. He would prefer that the Board look at a set dollar amount rather than a percentage of the premium. This will give the Board the most flexibility in the future. He also felt it was worth looking into the possibility of employees choosing not to remain on the county’s policy. Currently, the policy is written so that the employee must remain on the County’s health insurance. However, with the options available on the marketplace, it may be more advantageous for employees to take the money and secure insurance elsewhere. However, he would like time to research the taxability of this option. All Ayes Motion made by Madlom, second by Helmrichs and carried to set Tuesday, February 18, 2014 at 1:15 pm as the date and time to hold a public hearing regarding the construction permit for a confined feeding operation filed by Ron & Arlene Wulfekuhle, Classic Pork LLC, in Section 25 of Adams Township. The Board will complete a matrix evaluation and receive public comments or concerns regarding this proposed construction. All Ayes Motion made by Helmrichs, second by Madlom and carried to approve the request from the Delaware County Republican Party to use the courtroom facilities of the courthouse to hold its 2014 Convention on March 8, 2014. All Ayes Motion made by Madlom, second by Helmrichs and carried to acknowledge receipt of the 2012-13 Financial Statements for the Delaware County Memorial Hospital d/b/a Regional Medical Center as required by Iowa Code Section 11.14. All Ayes Motion made by Helmrichs, second by Madlom and carried to act as Fiscal Sponsor for the Delaware County Tourism Committee’s application for funding from the Foundation for the Future of Delaware County in the amount of $5,000. The approval is subject to the receipt of a copy of the completed application prior to the filing deadline. All Ayes Motion made by Madlom, second by Helmrichs and carried to act as Fiscal Sponsor for the Delaware County Fair Society’s application for funding from the Foundation for the Future of Delaware County in the amount of $5,000. The approval is subject to the receipt of a copy of the completed application prior to the filing deadline. All Ayes Motion made by Helmrichs, second by Madlom and carried to approve Backbone Golf & Country Club’s application for a Class C Liquor License with outdoor service area and Sunday sales privileges. This is an 8 month license effective March 1, 2014. The facility is located at 1244 400th Street in Strawberry Point. All Ayes Motion made by Madlom, second by Helmrichs and carried to approve The Detour’s application to renew its Class C Liquor License with outdoor service area and Sunday sales privileges. This is a 12 month license effective February 1, 2014. The facility is located at 3001 160th Street, Dyersville (Petersburg). All Ayes Motion made by Helmrichs, second by Madlom and carried to approve the liquor license ownership change request for the Petersburg Community Center, Inc. located at 1653 300th Ave, Dyersville (Petersburg). The property will now be held solely in the name of Robb Harter. All Ayes Motion made by Madlom, second by Helmrichs and carried to approve the operating funds transfer of $41,508.00 from the Rural Services Fund to the Secondary Roads Fund based on taxes collected in December 2013. All Ayes Motion made by Helmrichs, second by Madlom and carried to acknowledge receipt of the District Court Ruling on Case EQCV 007429 – Flatrock Forest Group, Inc. vs Delaware County, Iowa and will act accordingly. A summary of said ruling is as follows: The Court found that the Petitioner (Flatrock Forest Group, Inc) sufficiently established equitable title to the property in question. The respondent’s (Delaware County) interest in the “Hopkinton and County Line Road”, as it passes through the Petitioner’s property, is now hereby extinguished. Said interest is now vested in the Petitioner. County Engineer Anthony Bardgett stated that he was unable to find an official abandonment or vacation of the county’s easement over this portion of the roadway. Since several property owners were utilizing the roadway for access to their land, he felt it only appropriate to keep the roadway open and class it as a level B. However, the Judge felt that the County had abandoned that portion which runs through the Flatrock property. The County has no plans to appeal the decision. However, the remainder of the Hopkinton and County Line Road will remain a level B roadway for the time being. All Ayes Motion made by Madlom, second by Helmrichs and carried to approve the following employees to receive their probationary wage increase from 85% to 90% of the position wage for their respective positions in recognition of their completion of one year of employment with the Secondary Roads Department effective January 29, 2014:

Jeff Lyness to be raised from $17.77/hour to $18.82/hour (based on a $20.91/hour position wage) Pat Schmitz to be raised from $17.79/hour to $18.84/hour (based on a $20.93/hour position wage) All Ayes Motion made by Helmrichs, second by Madlom and carried to table the consideration of temporarily closing a portion of County Road D22 (210th St) for the Dyersville annual Gaelic Gallop until the County Engineer has had time to review detour options. Total Fitness Rec Center has requested that County Road D22 (210th St) be closed at the railroad viaduct from 10:00 am to 11:00 am on March 15, 2014 due to their annual Gaelic Gallop 8K run. The route has been changed from last year. The Board was concerned with closing the roadway at the viaduct since it would hold up traffic for at least an hour. They would like the Engineer to look at other options which would allow for a detour around the 8K route. All Ayes

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ENGINEER’S REPORT Due to the severe weather over the weekend, county crews are concentrating on opening up all highways first before they move to the gravel roads. Opening up the gravel roads to at least one way traffic will take at least 1-2 days. After everyone is open to at least one lane, crews will go back and begin widening the paths. Supervisor Helmrichs, on behalf of the Board, wanted to thank all the secondary road crews and county emergency staff for their dedication and commitment to the residents of Delaware County. NEXT MEETING The next regular session will be held on Monday, February 3, 2014. PUBLIC COMMENTS None. Motion made by Helmrichs, second by Madlom and carried to adjourn the meeting at 1:55 pm. All Ayes These minutes have been read and approved. /S/ Jerry Ries, Chairperson /S/ Carla K. Becker, County Auditor STATE OF IOWA ) January 30, 2014 ) Ss: Manchester, Iowa DELAWARE COUNTY ) 8:00 am The Delaware County Board of Supervisors met in work session with the City of Manchester this date at 8:00 am with all members present. Present for the City of Manchester were Connie Behnken, Dean Sherman, Ron Struble, Dan Stelken, Milt Kramer and Mary Ann Poynor. Also present were Tim Vick, Bruce Trapp, Erin Learn, Carrie McNamara, Mike Downs, Barb Robinson, Carolyn Wilson, Jim Hauschild, DJ Tucker, Anthony Bardgett, Judy Gudenkauf, Dennis Gudenkauf, Tony Fox, Rich Sampson, Loras Matt, Tom Forkenbrock, David Timmer, Cindy Vorwald, Ted Bohnenkamp, JoEllen Holtorf, Dan Wheeler, Linda Gaul, John LeClere, Dick Foust, Carla Becker, and two (2) members of the media. Chairperson Jerry Ries called the meeting to order. Chairperson Ries explained that today’s work session was at the request of the City of Manchester to look at the possibility of a joint law enforcement center. He stated that to this point, all the plans have been drawn up for an expansion to the Sheriff’s Office and Jail without consideration of a joint center. By code the Board of Supervisors has the right to look into an expansion of its facilities. Chairperson Ries then gave the floor to Milt Kramer, Mayor of the City of Manchester. Mayor Kramer feels that a joint center should at least be considered. He stated that the County shouldn’t be in a hurry to vote on this until they have all information in front of them and have educated the public on the need for the expansion. The County has formed a Committee regarding the expansion but has not had them do much. He is wondering what the intent of the Board was in forming this committee. Manchester Chief of Police Bruce Trapp stated that he began speaking with the Board of Supervisors two (2) years ago regarding a possible joint center. In this conversation, he stated that if the County is contemplating a major project regarding the Sheriff’s Office, Jail and Communication Center, they should at least have a conversation with the City of Manchester regarding a joint law enforcement center. What would be the pros and cons? Would there be a cost savings to both the City and the County? What are the advantages and disadvantages of having such a center? At this point, the City has not put any money into planning for such a facility because we don’t even know if we have a seat at the table for the conversation or not. Chairperson Ries responded that the Board has had plans drawn up since 2011 and that they have the right to act on those plans and move forward. The current design was drawn up by the architect based on the room we have available. “It has no reference to a joint center and we didn’t ask the City to be involved,” he said. He is concerned with suggestions to close off Tama Street since, in his opinion, 75-80% of those coming to the courthouse use the west door. He also does not want to move it to another location in the county since that would be an inconvenience for the Sheriff’s Department or Clerk of Court’s Office. Sheriff John LeClere stated that the current plans were designed specifically for enhancing the security of the jail. With the current jail being built in the 1960’s, it has deteriorated over time and they have been written up by the Jail Inspector several times. Some of the reasons the Floyd County jail was closed are also deficiencies noted in our jail inspection. By utilizing the existing building in the plans, we save $1 million - $2 million. The estimate was revised in September 2013 to $4,671,875 with the proposed bond being listed at $4.9 million when they were looking at a March election. Mike Downs, committee member, stated that he doesn’t feel the jail inspector would compromise himself by being lenient if the Board is looking into an expansion. The inspector would not pass it if it were unsafe. Sheriff LeClere stated that the deficiencies are more of a liability to the county. Dick Foust, committee member, stated that he spoke with the Buchanan County Sheriff regarding their facility. They now wish they had built it as a joint center and recommends that the City of Manchester and Delaware County get their heads together and work together to have a joint center. He feels we need to look down the road twenty (20) years. He feels a portion for the Manchester Police Department could still be added to the current plans without closing Tama Street. There is plenty of room north and east of the sidewalk before you get to the west entrance. Now is the time to look at it. Dean Sherman, Manchester Councilperson, stated that the jail needs modernization. He is afraid that adding a joint center to the project will muddy the waters. However, he is not in favor of the Dispatch/Communications Center moving over to the County. It should stay with the City of Manchester. Supervisor Helmrichs stated that the current plans do not add new office spaces for all the county deputies. The only addition is the reconfiguring of the booking space and exercise room to include a few more work spaces. Sheriff LeClere feels that the deputies’ cars serve as their permanent office space. Connie Behnken, Manchester Councilperson, can see both sides of the issue but they all need to look at the long term effect. The two (2) departments work closely together now and back each other up. The City has already spent $50,000 to increase space for the Police Department and will need to do more down the road. If the Board of Supervisors is open to a conversation, she feels it is one that should be looked into. She also does not see the County being ready for a vote on this issue until at least November. Supervisor Madlom stated that he doesn’t care if the project includes a joint center or not. He has always just wanted everyone to look at all the options. This is a lot of money. He just wants the public to feel confident that we have looked at all the options.

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There seemed to be a consensus between the members of the Manchester City Council that they need to have a work session to debate amongst themselves and really look into the issue of pursuing a joint center. However, they first need to know if the Board of Supervisors is even open to the idea. Councilman Stelken stated that a feasibility study and potential plans should be drawn up as well. Many people in the audience felt that a joint center should be looked at now since the County is contemplating an expansion of the jail and Sheriff’s Department. Dick Foust also felt this needed to be done prior to the next Committee meeting. Carrie McNamara, committee member, works with both departments and feels they work very well together. She doesn’t see any issue with having a joint center. Another committee member, Tom Forkenbrock, stated he would be in favor of updating the jail and Sheriff’s Office but not in favor of a joint center. He also asked who would be responsible for the construction costs of the Manchester Police Department’s portion of the new building if a joint center were approved. Would the City own a building on County property or would they lease the building from the County? JoEllen Holtorf also stated that the public will need some concrete information on how much this project will cost them in additional taxes. She feels the Board will need to prove to her and the public that the project is worth them paying more property taxes to increase the numbers of cells and security of our jail. Sheriff LeClere clarified that the current project does not include moving the Communication Center from the City of Manchester to the County facility. However, with the completion of the project, there will be room to move it over if that’s what the Board would like to do. Supervisor Madlom would like to see the City of Manchester tell the Board that they are willing to pay for a study and additional architectural plans to look into a possible joint center. He feels this should be a City expense, not a County expense. When asked what the roll of the committee will be moving forward, Board members had differing opinions. Supervisor Helmrichs stated that she would like to see the committee members express their individual opinions on this matter. The Board appointed a variety of people from all over the county to this committee for a reason. She would also like to see a roll call vote of the committee on what they would like to see included in the plans for this project. She stated that she will definitely take their opinions into account before she makes a decision in this matter. Whereas Supervisor Ries stated he feels the committee should gather as much knowledge as possible and go out in the community to recommend passage of the bond issue for the project. According to Iowa law, individual Board members would be able to advocate for the passage of a bond issue and could even consider passing a resolution in favor of the passage of said bond issue. However, no county resources can be used to advocate for or against any bond issue placed on a ballot for consideration by Delaware County residents. There being no further business before the Board, Chairperson Ries closed the joint work session at 9:10 am. These minutes have been read and approved. /S/ Jerry Ries, Chairperson /S/ Carla K. Becker, Auditor

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STATE OF IOWA ) February 3, 2014 ) Ss: Manchester, Iowa DELAWARE COUNTY ) 1:15 pm The Delaware County Board of Supervisors met in regular session this date at 1:15 pm with all members present. Also present were, Anthony Bardgett, Carla Becker, and three (3) members of the media. Chairperson Jerry Ries called the meeting to order. Motion made by Helmrichs, second by Madlom and carried to approve the minutes from the January 27, 2014 regular session and the January 30, 2014 work session. All Ayes Motion made by Madlom, second by Helmrichs and carried to approve the following employees to attend their respective out-of-county meetings: Deb Peyton to attend ISAC’s Spring School in Des Moines March 12-14, 2014; Mike Ryan and Norm Wellman to attend the National Weather Spring Workshop in the Quad Cities on February 6, 2014; Mike Ryan to attend the IEMA meeting in Polk County on February 7, 2014 and the District 6 EMA meeting in Linn County on February 11, 2014; Peggy Petlon to attend the RTA meeting in Dubuque on February 4, 2014; and Shirley Helmrichs and Jeff Madlom to attend the Regional MH meeting in Cedar Rapids on February 6, 2014. All Ayes Motion made by Helmrichs, second by Madlom and carried to approve the following claims for payment: CenturyLink Telephone Services 424.98 Mediacom LLC Data Processing 205.90 Windstream Telephone Service 850.23 All Ayes There were no “Applications for Approval of Underground Construction on Delaware County Right-of-Way” submitted for consideration at today’s meeting. Motion made by Madlom, second by Helmrichs and carried to acknowledge receipt of manure management plan annual updates from Gregg Recker in Section 8 of North Fork Township; Richard Domeyer in Section 34 of Colony Township; and Joe Wessels in Section 32 of Bremen Township and Section 34 of Bremen Township. All Ayes Motion made by Helmrichs, second by Madlom and carried to acknowledge receipt of the July 2013 – December 2013 Profit and Loss Report for the Delaware County Recreation Center. All Ayes Motion made by Madlom, second by Helmrichs and carried to acknowledge receipt of the Certification of Organization and Treasurer’s Bond for the Delaware County Agricultural Extension Council. All Ayes Motion made by Helmrichs, second by Madlom and carried to approve the filing of the Annual HAVA Equipment Certification with the Iowa Secretary of State’s Office which shows that Delaware County is in possession of and still using eighteen (18) M100 Optical Scan Voting Machines and fifteen (15) AutoMark ballot marking devices which were purchased with funds received from the Federal Government or the State of Iowa in order to comply with the Help America Vote Act (HAVA) of 2002. All Ayes Motion made by Madlom, second by Helmrichs and carried to acknowledge the availability of Regional Mental Health Advisory Committee Membership Applications. The Mental Health and Disability Services of the East Central Region (MHDS-ECR) will be accepting applications for the appointment of eighteen (18) advisory committee members. To be considered for appointment to this advisory committee, applicants must be individuals who use mental health and disability services or are actively involved relatives of such individuals, service providers, or regional governing board members. Completed applications must be received by March 3, 2014 at 4:30 pm. For details please contact Mechelle Dhondt at Mechelle.dhondt@linncounty.org. All Ayes Consideration of Resolution to Support Fuel Tax Increase Recently the Iowa State Association of Counties passed a resolution in support of a 10-cent phased-in increase in the per gallon fuel tax to assist counties in addressing the need for critical road and bridge repair. They also encouraged all Boards of Supervisors in Iowa’s counties to pass resolutions demonstrating their support of said fuel tax increase. Supervisor Madlom feels something needs to be done. He would be in favor of an increase in the fuel tax since it is a user tax. The Governor appointed a commission to look into funding options for Iowa’s infrastructure. The commission determined that an increase in the fuel tax would be the best way to go. He is tired of politicians not making a decision because it is an “election year”. He feels they should stand up and do their job. Supervisor Helmrichs stated that the alternative to a fuel tax increase to help pay for road and bridge repair would be a bond issue. With a bond, the property owners would pay for the repairs through property tax. With fuel tax, everyone who travels on the roads pays. Supervisor Ries stated that he is in favor of an increase but would also like to see a tax put on “red dye” fuel used by farmers. He feels the heavy loads of grain, livestock and the increasing size of farm equipment are damaging our roadways. County Engineer Anthony Bardgett commented that the DOT made a similar recommendation at the RPA meeting he attended recently. Motion made by Helmrichs, second by Madlom and carried to table the consideration of a resolution in support of a fuel tax increase in order for the County Engineer to provide a draft paragraph to support adding a tax to fuels used for farming. All Ayes Motion made by Madlom, second by Helmrichs and carried to approve the following resolution regarding a temporary road closure:

RESOLUTION No. 2014-007 D22 Detour-West of Dyersville

WHEREAS, the Total Fitness Rec Center of Dyersville requests to close off their portion of D22 and detour traffic down 320th Avenue between D22 and U.S. 20 from approximately 10:00 a.m. to 11:00 a.m. on March 15, 2014 due to their annual Gaelic Gallop 8K run, and WHEREAS, the City of Dyersville will provide any and all necessary traffic control devices and law enforcement during the event, NOW THEREFORE BE IT RESOLVED that the Delaware County Board of Supervisors has approved the Total Fitness Rec Center of Dyersville’s request for detour of D22 (210th St). Passed and approved this 3rd day of February 2014. /S/ Jerry Ries, Chair County Board of Supervisors ATTEST: /S/ Carla Becker, County Auditor All Ayes ENGINEER’S REPORT None.

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NEXT MEETING The next regular session will be held on Monday, February 10, 2014 at 1:15 pm. PUBLIC COMMENTS None. Motion made by Helmrichs, second by Madlom and carried to adjourn the meeting at 1:35 pm. All Ayes These minutes have been read and approved. /S/ Jerry Ries, Chairperson /S/ Carla K. Becker, County Auditor STATE OF IOWA ) February 10, 2014 ) Ss: Manchester, Iowa DELAWARE COUNTY ) 1:15 pm The Delaware County Board of Supervisors met in regular session this date at 1:15 pm with all members present. Also present were, Dan Krogmann, Carolyn Wilson, Norm Wellman, Deborah Peyton, Anthony Bardgett, Carla Becker, and three (3) members of the media. Chairperson Jerry Ries called the meeting to order. Motion made by Madlom, second by Helmrichs and carried to approve the February 3, 2014 regular session minutes. All Ayes Motion made by Helmrichs, second by Madlom and carried to approve the following employees to attend their respective out-of-county meetings: Peggy Petlon to attend regional mental health meetings in Cedar Rapids on February 10 & 13, 2014; Jeff Madlom, Shirley Helmrichs and Jerry Ries to attend the RTA meeting in Dubuque on February 12, 2014; Shirley Helmrichs and Jerry Ries to attend the Operation New View meeting in Dubuque on February 13, 2014; and Anthony Bardgett to attend a 5 year Bridge Inspection Recertification Class February 18-20, 2014 in Ames. All Ayes Motion made by Madlom, second by Helmrichs and carried to approve the following claims for payment, along with payroll from February 7, 2014 in the amount of $206,131.68 warrants #6138 thru #6249: Abbe Center for Comm MH Outpatient 215.16 Advanced Business Systems Data Processing 178.95 Advanced Systems Inc Maint-Off Equip/Furniture 167.06 Bill Alden Conf & Examining Bds 8.96 Alliant Energy Service 4411.39 Altorfer Inc Steel-Iron-Related Metals 1284.96 Avalon Service Center Inc Tires & Tubes 587.52 Barnes Distribution Construction & Maint 833.80 Bauer Built Tire Minor Equip & Hand Tools 600.00 Best Cleaners Uniforms/mops 1096.25 Best Western University Education & Training 92.96 Bi-County Disposal Inc Custodial Supplies 101.00 BL Murray Co Custodial Supplies 46.64 Black Hills Energy Service 1539.14 Blakesley Drug Prescription Medicine 203.77 Bob Stephen Motors Inc Service Vehicle 106.79 R Ried Boom MD Medical & Health Services 20.00 BOSS Stationery/Supplies 173.29 Boubin Tire Co Repair/Maint-Const Equip 27.00 BP Fuels 841.49 Barry Brandt Legal-Court Related 45.00 Central Iowa Water Water Use & Sewer 3.99 CenturyLink QCC Business Telephone Services 31.21 ChemRight Laboratories Inc Engineering Services 448.00 City Laundering Co Buildings-Repair/Maint 662.08 Comelec Services Inc Radio & Communications 965.00 Consolidated Energy Co LLC Utilities 78.90 Country Ridge Apartments Rent Payments 200.00 Data Imaging Supplies Inc Office Equipment 361.74 Dearborn Ntnl Life Insurance Insurance 395.83 Del Co Historical Society Buildings-Repair/Maint 1031.20 Delaware Co Sheriff Transportation 960.94 Delhi Lumber Repair/Maint-Fixed Equip 1173.33 City of Delhi Electrical Power 106.52 DJ Repair Repair/Maint- Vehicle 494.93 DMACC Education & Training 100.00 Dolan Insurance Agency Tort Liability Ins 4131.00 Dons Truck Sales Inc Construction & Maint 873.23 Dyersville Commercial Board Proceedings 2016.83 Ronald F Dzaboff Fuels 39.63 City of Earlville Utilities 348.31 Eastside Storage Buildings-Repair/Maint 30.00 Jody Elgin Custodial Supplies 160.00 Tina Elgin Custodial 500.00 Everys Auto & Tire Center Repair/Maint-Const Equip 108.85 Fareway Store Inc Food & Provisions 50.00 Good Neighbor Society Food Preparation Services 3451.50 Harrison Truck Centers Construction & Maint 69.41 Henderson Products Construction & Maint 9161.86 Heritage Printing Stationery/Supplies 88.31 Hillcrest Comm MH Outpatient 110.90 Hillcrest Family Services RCF 4989.93 Hopkinton Municipal Utilities Electrical Power 125.13 Houlihan Sanitation Service Sanitation Disposal 158.00 D J Hucker Conf & Examining Bds 11.20 IA Co Recorders Assn Education & Training 70.00 Iowa DOT Steel-Iron-Related Metals 13.47 Treasurer State of Iowa Education & Training 20.00 IIW PC Engineering Services 354.00

Inmate Services Corporation Rm/Bd Payments 800.00 ISAC Education & Training 280.00 John Deere Financial Repair/Maint-Misc Equip 124.91 Kuhlman Quarries Cover Aggregate & Sand 3638.34 Leader Publications Board Proceedings 1536.09 Lechtenberg Janitorial Custodial Supplies 105.90 Jill Lewis Buildings-Repair/Maint 150.00 Mail Services LLC Postage & Mailing 506.48 Manchester Motor Supply Shop Equipment 321.26 Manchester Park Apartments Rent Payments 238.00 Manchester Press Publications 834.02 City of Manchester Water Use & Sewer 395.42 Marco Repair/Maint-Misc Equip 24.27 Martin Equipment of Illinois Construction & Maint 633.08 McDowell Truck/Auto Repair Buildings-Repair/Maint 1629.36 Rita McGrane Supervised Living 400.00 Jenny Montgomery Miscellaneous 4.07 North American Salt Co Cover Aggregate & Sand 24537.33 Office Express Stationery/Supplies 10.64 Opportunity Village Sheltered Workshop 556.88 Palmer Hardware Minor Equip & Hand Tools 86.84 Pauls Pump Service Buildings 86.75 Pepsi-Cola Gen Bottle Inc Stationery/Supplies 196.70 Prairie View Management RCF 1909.91 Precise MRM LLC Repair/Maint-Radio Equip 745.97 Quill Corporation Stationery/Supplies 55.98 Radio Communications Repair/Maint-Misc Equip 322.28 Beverly Rahe Education & Training 72.64 Reedsburg Hardware Co Minor Mv Parts & Access 248.33 Regional Medical Center Legal-Court Related 17.25 Regional Medical Center Emergency Treatment 13409.20 Rite Price Office Supply Supplies 1351.97 River Valley Cooperative Natural -LP Gas-Fuel Oil 15554.37 Roy Ferguson Sales Postage & Mailing 7.15 Runde Auto Group Repair/Maint- Vehicle 119.08 S&D Supply Inc Shop Equipment 161.00 Sadler Power Train Inc Construction & Maint 687.34 Safelite Fulfillment Inc Repair/Maint-Const Equip 194.12 Rich Sampson Conf & Examining Bds 28.00 Schaul Housing Rent Payments 225.00 Scherrmans Implement Construction & Maint 1064.10 Schroeders Cash Supply Repair/Maint-Misc Equip 46.88 Scott VanKeppel LLC Construction & Maint 1772.40 Silveredge Cooperative Fuels 13213.94 Sioux Sales Company Apparel & Uniform 175.50 Smittys Repair/Maint- Vehicle 918.44 Solutions Inc Data Processing 676.20 Standard Auto Parts LLC Minor Equip & Hand Tools 354.34 Dave Staner Medical & Health Services 28.88 Terminal Supply Company Construction & Maint 604.28 Three Rivers FS Fuels 46943.07 Treasurer State of IA DHS MH Services 143364.65 Truck Country of Iowa Construction & Maint 49.75 US Armor Supplies 560.00 Vanguard Appraisals Inc Appraisal Services 23016.37 VISA / Mastercard Employee Mileage/Subs 584.97 FE Welterlen Motors Inc Repair/Maint- Vehicle 68.90 Windstream Telephone Service 1720.58 Zee Medical Inc Safety Items 45.80

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All Ayes There were no “Applications for Approval of Underground Construction on Delaware County Right-of-Way” submitted for consideration at today’s meeting. Motion made by Helmrichs, second by Madlom and carried to acknowledge receipt of manure management plan annual updates from Agri-Vest, Inc. (Recker 8 facility) in Section 25 of South Fork Township; and Dan Mormann in Section 21 of Colony Township. All Ayes Motion made by Madlom, second by Helmrichs and carried to acknowledge receipt of the Recorder’s Monthly Report showing that for the month of January 2014 the following fees were collected and deposited into their respective funds: General Fund $7,581.35 Recorder’s Document Management Fund 250.00 Electronic Transfer Fund 250.00 Total Collected $8,081.35 All Ayes Motion made by Helmrichs, second by Madlom and carried to set Monday, March 3, 2014 at 1:15 pm as the date and time to hold a public hearing on proposed amendments to the FY 2013-14 Budget and direct the County Auditor to publish notice of said hearing in all three (3) official county newspapers. Said hearing will take place in the Supervisors’ Office on the Main Level of the Courthouse in Manchester. All Ayes Motion made by Madlom, second by Helmrichs and carried to set Monday, March 3, 2014 at 1:15 pm as the date and time to hold a public hearing on the proposed FY 2014-15 Budget and direct the County Auditor to publish notice of said hearing in all three (3) official county newspapers. Said hearing will take place in the Supervisors’ Office on the Main Level of the Courthouse in Manchester. All Ayes Motion made by Helmrichs, second by Madlom and carried to approve hiring of Kim Smith as a part-time direct care staff for the Community Life Program effective February 10, 2014. Ms. Smith will start at a wage of $9.00/hour with a $.25/hour increase after successful completion of her 60 day probationary period. All Ayes Motion made by Madlom, second by Helmrichs and carried to approve the implementation of the following Early Retirement Program for Delaware County Employees:

Delaware County Voluntary Early Retirement Program

A. Purpose This voluntary early retirement program provides an incentive that promotes an orderly means of attrition of employees and anticipates a cost savings to the County. It also recognizes service to the County and acknowledges those employees with superior attendance during their employment.

B. Eligibility As early retirement is of benefit to both the employer and the employee, Delaware County wishes to cooperate with full-time employees of Delaware County who would like to retire early. Two incentive options will be offered through this program. Once approved by the Board, the employee will not be allowed to change option chosen. The options available to employees are as follows:

Option 1: Employees between the ages of 55 and 61 wishing to retire with at least 10 years of service shall remain on the County health insurance policy until they are Medicare eligible with Delaware County paying $275 per month towards the plan the employee is enrolled in prior to retirement. This amount is a fixed rate and can only be increased at the Delaware County Supervisors’ discretion. Employees between the ages of 62 and 65 wishing to retire with at least 10 years of service shall remain on the County health insurance policy until they are Medicare eligible with Delaware County paying $450 per month towards the plan the employee is enrolled in prior to retirement. This amount is a fixed rate and can only be increased at the Delaware County Supervisors’ discretion. For an employee with less than 10 years of service, he/she will receive a prorated benefit based on the number of years of service divided by 10. The prorated benefit would apply to the age bracket that the employee falls in. Meeting the age requirement of the next category does NOT qualify the individual for benefits of the succeeding category. Benefits will begin the first of the month following the employee’s retirement date. The employee would be responsible for the remainder of the premium not covered by this benefit, paid to the county on or before the first of each month. If there is a lapse of payment 30 days after the first of the month, the employee’s policy will be terminated at the end of the 30 days.

Option 2: Employees wishing to opt out of the County health insurance policy to obtain their own health insurance may choose to take a monthly payout which will be paid into their health savings account and administered by Delaware County. Employees between the ages of 55 and 61 wishing to retire with at least 10 years of service will be paid $275 per month into the health savings account. This amount is a fixed rate and can only be increased at the Delaware County Supervisors’ discretion. Employees between the ages of 62 and 65 wishing to retire with at least 10 years of service will be paid $450 per month into the health savings account. This amount is a fixed rate and can only be increased at the Delaware County Supervisors’ discretion. For an employee with less than 10 years of service, he/she will receive a prorated benefit based on the number years of service divided by 10. The prorated benefit would apply to the age bracket that the employee falls in. Benefits will begin the first of the month following the employee’s retirement date.

C. Application and Resignation An eligible employee must make application for early retirement benefits no earlier than 7:00 a.m., February 11, 2014, and no later than 3:30 p.m., March 28, 2014, to be considered for the voluntary early retirement program. The application shall be made on a form provided by the County and shall be submitted to their respective Department Head. The Board of Supervisors shall have the discretion to approve or disapprove any or all applications for early retirement benefits. If the Board of Supervisors limits the number of applications to be approved, applications shall be considered in order of the date and time stamp put on the application by the County. The eligible employee shall submit a resignation letter from all employment with Delaware County effective at the resignation date, which resignation may be contingent upon the Board of Supervisors approving the application for early retirement benefits. Approval of the request for early retirement benefits will be considered acceptance of the employee’s resignation and will constitute a voluntary termination of all of the employee’s terms of employment with the County.

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In the event the employee dies after his/her retirement has begun but did not reach the age of 65, all remaining benefits according to this policy will be cancelled.

D. No Vesting The adoption of this voluntary early retirement program shall not vest any right in any employee whether or not the employee is currently eligible for early retirement. The Board of Supervisors shall have the complete discretion to amend or repeal this program at any time and shall not be obligated to provide any benefits to any employee after the date of such amendment or repeal, except to those employees whose early retirement pursuant to this program has commenced prior to the amendment or repeal.

E. Termination of this Retirement Program This offer for retirement benefits is only effective for those filing a written application with their Department Head within the dates specified above under “Application and Resignation” and retiring by the end of the business day on June 30, 2014. Those retiring after June 30, 2014 will be subject to the retirement program, if any, offered for those retiring thereafter.

F. Discretionary Power of the Board of Supervisors The Delaware County Board of Supervisors has complete discretion to offer or not to offer a retirement plan for employees. The Board may choose to offer this program at irregular intervals or discontinue at its discretion.

Approved: /S/ Jerry Ries, Chairperson Attest: /S/ Carla K. Becker, County Auditor All Ayes Motion made by Helmrichs, second by Madlom and carried to approve the reissuance of warrant #4210 originally issued on November 15, 2013 to Gloria D. Beitz in the amount of $90.75. Ms. Beitz states that the warrant was either lost or misplaced. If the original warrant is found, she will return it to the Delaware County Auditor. All Ayes Motion made by Madlom, second by Helmrichs and carried to approve the Liquor License Renewal Application for Petersburg Community Center, Inc. located at 1653 300th Ave in the community of Petersburg. This is a 12 month Class C liquor license with catering, Sunday sales and outdoor service area privileges effective April 1, 2014. All Ayes Consideration of Resolution in Support of Fuel Tax Increase Motion made by Helmrichs, and seconded by Madlom to approve a resolution in support of a 10 cent phased in fuel tax increase along with the implementation of some form of fuel tax on dyed fuels used for agricultural purposes. During consideration of a fuel tax increase resolution at the February 3, 2014 Supervisors’ meeting, Chairperson Ries stated that he would like to see an additional paragraph in the resolution addressing the need for some form of fuel tax to be added to the dyed fuels used for agricultural purposes. It was his opinion that the heavy farm equipment was damaging the rural roadways. Dan Krogmann was given the floor. Mr. Krogmann stated that he raises cattle and hauls manure. He doesn’t have to use his equipment on the roadways and doesn’t feel he should have to pay road use tax. He asked Chairperson Ries if he was advocating for farmers to pay the proposed $.10 increase? Chairperson Ries responded that he would simply like to see some form of tax be placed on fuels used for agricultural purposes. Supervisor Helmrichs feels that a 10 cent phased in fuel tax increase is a must. This should be a priority for counties to get this passed. However, she is not so enthusiastic with implementing a fuel tax on dyed fuels used for agricultural purposes. She is afraid that if dyed fuels are a part of the bill, it will die. She would be in favor of passing a resolution in favor of the 10 cent phase in but not if it will include dyed fuels. She needs more facts with regards to the benefit of including dyed fuels before she would be in favor of adding it. Supervisor Madlom also stated that the increase is a must. He also feels the state needs to look at other sustainable options for increasing funding for roads and bridges as well. County Engineer Anthony Bardgett stated that the addition of the 10 cent phase in fuel tax increase will just get us back to par. He is anticipating that it would raise $500,000 + over the three (3) years it would be phased in. The results of the vote were as follows: Ayes: Ries and Madlom Nays: Helmrichs Motion carried two (2) votes to one to approve the resolution as follows:

RESOLUTION 2014-008 SUPPORT OF FUEL TAX INCREASE

WHEREAS, the Delaware County Board of Supervisors knows the importance of a high quality and properly maintained transportation system and its impact on economic growth, public safety, recreational travel, and the agricultural sector; and WHEREAS, Iowa counties rely on the Road Use Tax Fund which is funded in part by the per gallon fuel tax and which helps with the cost of building, maintaining, and repairing secondary roads and bridges; and WHEREAS, according to the Governor’s Transportation 2020 Citizen Advisory Council the estimated annual shortfall for the most critical infrastructure needs is $215 million on a statewide basis; and WHEREAS, counties unable to address critical road and bridge repair needs due to the shortfall have turned to bonding, tax increment financing, local option sales tax, and other alternate funding sources to provide their citizens with safe roads and bridges; and WHEREAS, counties unable to address critical road and bridge repair needs due to the shortfall have resorted to downgrading or closing of secondary roads and bridges and the delaying of needed maintenance and reconstruction; and WHEREAS, the per gallon fuel tax is the most equitable way to charge for the use of public roads and bridges and 20-30% of the revenue is generated from out-of-state travelers and businesses; and WHEREAS, the per gallon fuel tax has not been significantly increased since 1989 while the cost of construction has increased more than two and one-half times according to the Iowa Department of Transportation’s Price Trend Index for Iowa Highway Construction; and WHEREAS, heavy farm equipment using local roadways and bridges has a large impact on the condition of local infrastructure. NOW THEREFORE BE IT RESOLVED, that the Delaware County Board of Supervisors supports a phased-in 10-cent increase in the per gallon fuel tax and the ongoing evaluation of long term, sustainable transportation funding solutions; and BE IT FURTHER RESOLVED, that the Delaware County Board of Supervisors encourages other Boards of Supervisors in Iowa’s counties to pass resolutions demonstrating their support of a phased-in 10-cent increase in the per gallon fuel tax and the ongoing evaluation of long term, sustainable transportation funding solutions; and BE IT FURTHER RESOLVED, that the Delaware County Board of Supervisors would support, and hereby recommends, that some form of fuel tax be implemented on dyed fuels used for agricultural purposes; and BE IT FURTHER RESOLVED, that the Delaware County Board of Supervisors encourages the Iowa Legislature to pass legislation to implement a tax on dyed fuels used for agricultural purposes, phase in a 10-cent per gallon increase in the fuel tax and other long term, sustainable transportation funding solutions; and

211

BE IT FURTHER RESOLVED, that the Delaware County Board of Supervisors urges the Governor to encourage passage of legislation that implements a tax on dyed fuels used for agricultural purposes, phases in a 10-cent per gallon increase in the fuel tax and other long term, sustainable transportation funding solutions and sign such legislation when presented after passage by the Iowa General Assembly. Approved by the Delaware County Board of Supervisors on February 3, 2014. /S/ Jerry Ries, Chairperson Attest: /S/ Carla K. Becker, Delaware County Auditor Ayes: Madlom and Ries Nays: Helmrichs Motion made by Madlom, second by Helmrichs and carried to approve the following resolution regarding the Secondary Roads snow and ice control budget:

DELAWARE COUNTY RESOLUTION No. 2014-009

RESOLUTUION TO ALLOW COUNTY ENGINEER TO EXCEED SNOW REMOVAL BUDGET FOR FY 2014 WHEREAS, the Board of Supervisors has enacted County Ordinance Number 3, which establishes the policy and level of service in respect to the clearance of snow and ice from county roads during winter months; and WHEREAS, the ordinance states that the county will not exceed the amount budgeted for snow removal in any year; and WHEREAS, the winter of 2013-2014 has been unusually severe and has caused the county snow removal budget to be exhausted prior to the end of winter; and WHEREAS, a proposed second budget amendment for the secondary road department will not be published and approved in time to avoid exceeding the county snow removal budget, NOW THEREFORE BE IT RESOLVED, this 10th day of February, 2014, that the Delaware County Board of Supervisors authorizes the county engineer to exceed the current budget for snow removal at a level not to exceed $703,834 for FY 2014. Recommended: /S/ Anthony Bardgett, Delaware County Engineer Approved: /S/ Jerry Ries, Chair, Board of Supervisors /S/ Shirley E. Helmrichs /S/ Jeff Madlom Attest: /S/ Carla Becker, Delaware County Auditor All Ayes ENGINEER’S REPORT None. NEXT MEETING The next regular session will be held on Tuesday, February 18, 2014 at 1:15 pm. PUBLIC COMMENTS None. Motion made by Helmrichs, second by Madlom and carried to adjourn the meeting at 1:47 pm. All Ayes These minutes have been read and approved. /S/ Jerry Ries, Chairperson /S/ Carla K. Becker, County Auditor

212

STATE OF IOWA ) February 18, 2014 ) Ss: Manchester, Iowa DELAWARE COUNTY ) 1:15 pm The Delaware County Board of Supervisors met in regular session this date at 1:15 pm. Helmrichs and Madlom were present with Ries absent. Also present were Gene Tinker, Lorie Wickman, Richard Wade, Craig Davis, Carla Becker, and two (2) members of the media. Vice-Chairperson Helmrichs called the meeting to order.

Motion made by Madlom, second by Helmrichs and carried to approve the February 10, 2014 regular session minutes. All Ayes

Motion made by Madlom, second by Helmrichs and carried to approve the following employees to attend their respective out-of-county meetings: Daneen Schindler to attend the Electronic Death Registration System Training in Linn County on February 20, 2014; and Clayton Miller to attend the Clandestine Laboratory Safety Certification February 24 -28, 2014 in Johnston. All Ayes

There were no claims submitted for consideration of payment.

There were no “Applications for Approval of Underground Construction on Delaware County Right-of-Way” submitted for consideration at today’s meeting.

Motion made by Madlom, second by Helmrichs and carried to acknowledge receipt of manure management plan annual updates from Kevin Perrinjaquet, Hoefer Site, in Section 1 of Richland Township; and Patrick & Deann McDonald, Triple M Family Farm, in Section 15 of Adams Township. All Ayes

PUBLIC HEARING – Wulfekuhle Confined Feeding Operation Construction Application This being the date and time set for a public hearing regarding the confined feeding operation construction application filed by Ron and Arlene Wulfekuhle to build a facility in Section 25 of Adams Township, Vice-Chairperson Helmrichs opened the public hearing at 1:20 pm.

The Board has reviewed the application filed by Wulfekuhle as well as conducted a site visit and scored the master matrix. According to Vice-Chairperson Helmrichs, all looks in order. The Board did find a couple areas on the master matrix which will need to be rescored; however, even with these changes the construction plan still falls within the acceptable limits. The applicant scored the matrix off the wrong cemetery (there is one that is closer to the property) and used the wrong animal units.

Richard Wade, a neighboring property owner, is concerned with the effect of said construction on his property value. He is also concerned with the odor from such a facility and if anything can be done to minimize it.

Lorie Wickman, a neighboring property owner, is also concerned with her property value but is even more concerned with the odor produced by the facility. She and her son both have asthma. What happens if she and her son cannot breathe on their own property because of the odor coming from this facility? She also has concerns with the effect on her property value and water supply.

Gene Tinker, DNR, stated that there is not a standard for air quality. There is for phosphorus however. Every year the property owner needs to submit an update with a complete submission done every four (4) years. This submission would include soil samples from all fields where the manure is applied. According to Mr. Tinker, if the applicant complies with the standards set forth by the legislature, then the applicant is allowed to move forward with construction. In this area, final approval comes from DNR Engineer Paul Petitti out of Spencer. The Board will submit its matrix score along with a letter outlining what they found and any public comments received regarding the proposed construction. The deadline for submission of the Board’s letter and comments is February 24, 2014.

There being no further comments, either written or oral, the public hearing was closed at 1:30 pm.

Motion made by Madlom, second by Helmrichs and carried to approve the filing of the Board’s master matrix scoring and letter regarding the proposed construction of a confined feeding operation by Ron and Arlene Wulfekuhle in Section 25 of Adams Township. All Ayes

Motion made by Madlom, second by Helmrichs and carried to acknowledge receipt of the Clerk of Court’s Monthly Report and Remittance showing that $912.38 was collected for various fines and surcharges and deposited into the general funds. All Ayes

Motion made by Madlom, second by Helmrichs and carried to acknowledge receipt of a notice from Sure Plus Manufacturing Co. that warrant #3841 issued on October 21, 2013 in the amount of $274.98 has been lost. However, they are not asking for the warrant to be reissued because the amount of the warrant was incorrect. A portion of the claim was paid by a previous warrant. They are requesting that a new warrant be issued in the amount of $37.51 which is the outstanding amount. If the original warrant is found, they will return it uncashed or reimburse the county if it is erroneously put through the county’s bank account. All Ayes

Motion made by Madlom, second by Helmrichs and carried to acknowledge receipt of Kim Smith’s letter of resignation from her position as part-time direct care staff with the Community Life Program effective February 11, 2014. All Ayes

The next item was added as a timely addition to today’s agenda.

Motion made by Madlom, second by Helmrichs and carried to approve hiring of Cassie Phelps as a part-time direct care staff for the Community Life Program effective February 19, 2014. Ms. Phelps will start at a wage of $9.00/hour with a $.25/hour increase after successful completion of her 60 day probationary period. All Ayes

Motion made by Madlom, second by Helmrichs and carried to approve the following applications for early retirement: Steve Novak, Secondary Roads Department Effective March 28, 2014 James M. Diers, Secondary Roads Department Effective May 30, 2014 All Ayes

Motion made by Madlom, second by Helmrichs and carried to approve the final plans for the C64 Longitudinal Subdrain Project (STP-S-C028(85)--5E-28). The project will run from State Hwy 38 to County X47 along County C64 and is set for a May 20, 2014 state letting. All Ayes ENGINEER’S REPORT None. NEXT MEETING The next regular session will be held on Monday, February 24, 2014 at 1:15 pm. PUBLIC COMMENTS None. Motion made by Helmrichs, second by Madlom and carried to adjourn the meeting at 1:38 pm. All Ayes These minutes have been read and approved. /S/ Shirley E. Helmrichs, Vice-Chairperson /S/ Carla K. Becker, County Auditor

213

STATE OF IOWA ) February 24, 2014 ) Ss: Manchester, Iowa DELAWARE COUNTY ) 1:15 pm The Delaware County Board of Supervisors met in regular session this date at 1:15 pm with all members present. Also present were John LeClere, Anthony Bardgett, Carla Becker, and three (3) members of the media. Chairperson Ries called the meeting to order.

Motion made by Helmrichs, second by Madlom and carried to approve the February 18, 2014 regular session minutes. All Ayes

Motion made by Madlom, second by Helmrichs and carried to approve the following employees to attend their respective out-of-county meetings: John LeClere and Judy Lee to attend the 2014 ISSDA Civil School in Des Moines from April 27-30, 2014; Norman Wellman to attend the Buchanan County 911 Board meeting in Independence on February 27, 2014; Shirley Helmrichs to attend the BDF meeting in Independence on February 25, 2014; Jeff Madlom, Anthony Bardgett and Shirley Helmrichs to attend the RPA meeting in Dubuque on February 27, 2014; and Jerry Ries to attend the RC&D meeting in Maquoketa on February 26, 2014. All Ayes

Motion made by Helmrichs, second by Madlom and carried to approve the following claims for payment as well as the February 21, 2014 payroll in the amount of $172,509.33 warrant #6422-6542: Abbe Center for Comm MH Outpatient 4846.50 Ace Homeworks Postage & Mailing 11.61 Advanced Systems Inc Stationery/Supplies 205.89 Bill Alden Conf & Examining Bds 8.96 Alliant Energy Utilities 2278.72 Altorfer Inc Construction & Maint 2460.25 APCO International Inc Education & Training 92.00 Barnes Distribution Steel-Iron-Related Metals 856.22 Barron Motor Supply Minor Mv Parts & Access 1423.01 Black Hills Energy Utilities 180.62 Steven J Bonert Rent Payments 225.00 Carls Feed & Farm Store Inc Public Education Items 70.05 Carquest - Dyersville Shop Equipment 225.00 Carr & Carr Attorneys Legal-Court Related 85.90 Cedar Valley Ranch Inc RCF 3063.94 City Laundering Co Custodial Supplies 122.47 Communications Engineering Repair/Maint-Radio Equip 229.00 Countryside Village Apts Rent Payments 154.00 Crescent Electric Supply Electrical Accessories 158.84 D&S Portables Inc Custodial Supplies 264.00 Debra Kintzle Cleaning Buildings-Repair/Maint 200.00 Del Co Public Health Refunds/Reimbursements 4224.00 Don & Walt LLC Repair/Maint-Misc Equip 120.00 Dons Truck Sales Inc Repair/Maint-Const Equip 426.92 Ed Roehr Safety Products Equipment 1139.90 Edgewood Locker Inc Education & Training 530.30 Edgewood Oil Co Lubricants 6462.10 Jody Elgin Custodial Supplies 230.00 Tina Elgin Custodial 500.00 The Fish Shack Public Education Items 27.37 Gillund Enterprises Lubricants 282.96 Goodwill Industries of NE IA Supported Comm Living 164.80 Group Services Inc Self-Funding 10433.90 Hausers Water Systems Inc Water Use & Sewer 5.00 Henderson Products Construction & Maint 334.74 Heritage Printing Education & Training 361.49 Hillcrest Family Services RCF 1856.29 Eric S Holub Fuels 50.12 D J Hucker Conf & Examining Bds 11.20 Iowa DOT Steel-Iron-Related Metals 53.88 IA National Emergency Education & Training 75.00 IA Prison Industries Stationery/Supplies 99.50 IA Secretary of State Notary Dues & Memberships 30.00 Iowa Technologies Inc Data Processing 75.00 IA State Sheriffs & Deputies Education & Training 250.00 John Deere Financial Buildings-Repair/Maint 12561.09

Gary Johnson Rent Payments 200.00 K Construction Inc Bridges 5264.67 KWIK Stop Food Mart Fuels 1332.93 Lahr Repair Inc Repair/Maint-Const Equip 2094.34 Lance & Kathy Lange Rent Payments 250.00 Leader Publications Off Publication/Legal 75.20 Lechtenberg Janitorial Custodial Supplies 84.95 John A LeClere Fuels 35.00 Jill Lewis Buildings-Repair/Maint 150.00 Manchester Press Off Publication/Legal 534.78 Maquoketa Valley REC Utilities 1600.70 City of Masonville Utilities 108.00 McDowell Truck/Auto Repair Buildings-Repair/Maint 1442.50 Mediacom LLC Telephone Services 36.68 National Wild Turkey Fed Dues 35.00 NE-IA Industrial Fastener Shop Equipment 257.26 North American Salt Co Cover Aggregate & Sand 8785.02 North IA Juvenile Detention Protection/Security 2375.00 Oasis Pump Service Construction & Maint 15031.57 Palmer Hardware Buildings-Repair/Maint 17.94 Penn Center Inc RCF 11951.40 Pictometry International Data Processing 87826.92 Prairie Inet Radio & Communications 142.31 Radio Communications Data Processing Supplies 270.00 Regional Medical Center Emergency Treatment 425.00 Rite Price Office Supply Custodial Supplies 999.65 River Valley Cooperative Natural -LP Gas-Fuel Oil 2683.69 Michael K Ryan Fuels 184.37 Sadler Power Train Inc Construction & Maint 517.30 Schaul Housing Rent Payments 240.00 Scherrmans Implement Construction & Maint 96.04 Daniel W Small Minor Equip & Hand Tools 147.95 Casey E Snyder Employee Mileage/Subs 175.11 Standard Auto Parts LLC Repair/Maint-Misc Equip 9.08 Sure Plus Manufacturing Co Construction & Maint 37.56 Terminal Supply Company Shop Equipment 249.77 Terracon Consultant Inc Engineering Services 4859.25 Three Rivers FS Repair/Maint-Misc Equip 31463.71 University of IA Health Care Outpatient 310.00 US Cellular Telephone Services 1780.56 US Postmaster Postage & Mailing 100.00 VISA / Mastercard Education & Training 1347.93 Walmart Community Custodial Supplies 613.32 Blue Cross & Blue Shield Insurance 7004.26 Windstream Data Processing 309.38

All Ayes

There were no “Applications for Approval of Underground Construction on Delaware County Right-of-Way” submitted for consideration at today’s meeting.

Motion made by Madlom, second by Helmrichs and carried to acknowledge receipt of manure management plan annual updates from John Bagge in Section 9 of Bremen Township; Joe Wessels (Home Farm) in Section 34 of Bremen Township; Joe Wessels (Burkle Farm) in Section 32 of Bremen Township; Leo Bockenstedt Pork, LLC in Section 4 of Honey Creek Township; Three Little Pigs, LLC (SITE 1 & 2) in Clayton County; as well as an amended matrix for Classic Pork, LLC to be filed with their new construction application in Section 25 of Adams Township. All Ayes

Motion made by Helmrichs, second by Madlom and carried to acknowledge receipt of Paul Loucks’ resignation as a part-time jailer with the Sheriff’s Department effective December 16, 2013. All Ayes

Discussion Regarding Proposed Jail and Sheriff’s Department Renovation/Expansion Chairperson Ries began the discussion regarding the proposed expansion and renovation of the Delaware County Jail and Sheriff’s Department. He stated that the Manchester City Council had met and concluded that it was not the right time for them to look at a joint law enforcement center. Chairperson Ries then gave the floor to Sheriff John LeClere.

The Sheriff felt it wise to have the Ad Hoc Committee meet at least one more time. He had given each committee member a survey regarding different aspects of the project and has, to date, received close to 66% of them back. One piece of information he would like to have before that meeting is the expected impact of the project on property owner’s taxes. Auditor Carla Becker stated she is working with the County’s financial advisors to come up with such a model. The effects of SF295 have complicated the impact of a potential debt service.

If the financial impact information is received, Supervisor Helmrichs would like to see this discussion put back on next Monday’s agenda.

The next item is a timely addition to the agenda.

Motion made by Madlom, second by Helmrichs and carried to approve the transfer of $11,158.00 from the Rural Services Fund to the Secondary Roads Fund based on taxes collected in January 2014. All Ayes

214

Motion made by Helmrichs, second by Madlom and carried to approve the probationary wage increase for Don Boeding from $17.64/hour to $18.68/hour effective February 26, 2014. This is an increase from 85% to 90% of the positional wage for this employee in recognition of one year of employment with the County. All Ayes

Motion made by Madlom, second by Helmrichs and carried to approve the Federal Aid Agreement for the C64 Tile Project (#STP-S-C028--5E-28). Said project is scheduled for a state letting in May 2014. All Ayes

ENGINEER’S REPORT None.

NEXT MEETING The next regular session will be held on Monday, March 3, 2014 at 1:15 pm.

PUBLIC COMMENTS None.

Motion made by Helmrichs, second by Madlom and carried to adjourn the meeting at 1:34 pm. All Ayes

These minutes have been read and approved. /S/ Jerry Ries, Chairperson /S/ Carla K. Becker, County Auditor STATE OF IOWA ) February 25, 2014 ) Ss: Manchester, Iowa DELAWARE COUNTY ) 11:00 am The Delaware County Board of Supervisors met with the Delaware County Farm Bureau this date at 11:00 am. Supervisors Madlom and Helmrichs were present and Supervisor Ries was absent. Other county officials present were John LeClere, Anthony Bardgett and Carla Becker. Also present were members and officials of Delaware County Farm Bureau. The informal work session was called to order by Vice-Chairperson Helmrichs. Several topics were discussed during the informal session including, but not limited to, the proposed five-year construction plan for the county roads and bridges, the proposed amendment to the FY 13-14 budget, the proposed FY 14-15 budget, the rebuilding of the Lake Delhi Dam and Spillway, Mental Health Regionalization, the possible expansion and renovation of the Delaware County Jail and Sheriff’s Department and the Board’s recent passage of a resolution in favor of increasing the tax on fuel. The informal meeting is an annual event for the Board and Farm Bureau. The joint meeting was adjourned at 1:00 pm. These minutes have been read and approved. /S/ Shirley E. Helmrichs, Vice-Chairperson /S/ Carla K. Becker, Auditor STATE OF IOWA ) March 3, 2014 ) Ss: Manchester, Iowa DELAWARE COUNTY ) 10:30 am The Delaware County Board of Supervisors met in work session this date at 10:30 am with all members present. Also present were Delma Hardin and Carla K. Becker. There were no media representatives present. The work session was called to order by Chairperson Ries. Discussion of County Assistance to Public Health Department Delma Hardin, Director of Public Health with Regional Medical Center, was given the floor. In September 2013, the Delaware County Memorial Hospital d/b/a Regional Medical Center (RMC) bought the building which Public Health operates out of from St. Lukes. Prior to the purchase, part of the County’s financial assistance for Public Health was going toward rent payments to St. Lukes. Now that RMC actually owns the building they need to come up with another way in which the County can assist in covering the overhead cost of using the building. They had first looked at depreciation costs but quickly dismissed this as an option. Next they looked at cost analysis for all overhead expenses which is what they use for grant applications and most programs within the hospital. However, the Board was not interested in this method due to past history with this method and the former Backbone Area Counseling Center. That leads us to today’s discussion. In speaking with local realtors, she determined that high end office space was renting for $7.50 per square feet per month. With Public Health utilizing 967 square feet within the building, this pencils out to $604.38/month. This is significantly lower than the $1,177.05/month that the County was paying for 1/6 of the rental costs on the building. If the Board is in agreement with this new “Public Health Office Space” cost calculation, she will go ahead and submit an invoice for October, November, December, January and February since they have not included this line item on any invoices since September. Since there will be a surplus of funding over the previous rent payments through St. Lukes, Ms. Hardin will look at ways to increase services provided by the Department since that is a goal of the County. The Board thanked Ms. Hardin for being frugal with the County’s financial assistance to the program as well as creating an open line of communication with her Department and the Board. There being no further business before the Board, the meeting was adjourned at 11:00 am. These minutes have been read and approved. /S/ Jerry Ries, Chairperson /S/ Carla K. Becker, Auditor

215

STATE OF IOWA ) March 3, 2014 ) Ss: Manchester, Iowa DELAWARE COUNTY ) 1:15 pm The Delaware County Board of Supervisors met in regular session this date at 1:15 pm with all members present. Also present were Casey Snyder, Deb Peyton, Carolyn Wilson, Loras Hoeger, Anthony Bardgett, Carla Becker, and three (3) members of the media. Chairperson Ries called the meeting to order.

Motion made by Helmrichs, second by Madlom and carried to approve the February 24, 2014 regular session and February 25, 2014 work session minutes. All Ayes

Motion made by Madlom, second by Helmrichs and carried to approve the following employees to attend their respective out-of-county meetings: John Bernau and Courtney Vorwald to attend the Co Attorneys’ Spring Conference in Arnolds Park June 8–12, 2014; Carolyn Wilson to attend the ISAC Spring School and County Day at the Capital March 12-14, 2014; Jerry Ries, Shirley Helmrichs and Jeff Madlom to attend the RTA meeting in Dubuque on March 5, 2014; Jeff Madlom and Shirley Helmrichs to attend the regional mental health meeting in Cedar Rapids on March 6, 2014; and Craig Davis to attend the asbestos refresher course in Slater on March 5, 2014. All Ayes

Motion made by Helmrichs, second by Madlom and carried to approve the following claims for payment: Black Hills Energy Service 2731.03 Dearborn National Life Insurance Insurance 386.67 City of Manchester Water Use & Sewer 280.00 Rocky Nook Association Property 287,706.75 Verizon Wireless Telephone Services 120.03 Windstream Telephone Service 714.48 Windstream Telephone Service 1616.52 The payment of the claim for Rocky Nook Association is subject to the County Auditor receiving authorizing documentation from the Lake District Trustees. All Ayes

There were no “Applications for Approval of Underground Construction on Delaware County Right-of-Way” submitted for consideration at today’s meeting.

Motion made by Madlom, second by Helmrichs and carried to acknowledge receipt of the following manure management plan updates: Dave Kronlage in Section 35 of Bremen Township; Marv Heims, Can-Do Enterprises, LLC, in Section 8 of Honey Creek Township; Dan Bagge, Bagge Farms, in Section 10 of Bremen Township; and Russell Reth in Section 28 of Prairie Township. All Ayes

Motion made by Helmrichs, second by Madlom and carried to approve the following destruction of records resolution: RESOLUTION #2014-013

DESTRUCTION OF RECORDS Pursuant to the 2013 Code of Iowa, Section 331.323 sub section 2D, we do hereby authorize the destruction of the following records in the Delaware County Assessor’s Office: Property Record Cards – (Copies) 2010 Residential Reappraisal /S/ Jerry Ries, Chairperson /S/ Jeff Madlom /S/ Shirley E. Helmrichs ATTEST: /S/ Carla K. Becker, Delaware County Auditor All Ayes Motion made by Madlom, second by Helmrichs and carried to acknowledge the termination of Cassie Phelps as a part-time direct care staff with the Community Life Department effective February 26, 2014. All Ayes PUBLIC HEARING – PROPOSED BUDGET AMENDMENT FY 2013/14 This being the date and time set to hold a public hearing on the proposed amendment of the FY 2013-14 budget, as published in the three (3) official newspapers of the county on February 19, 2014, Chairperson Ries opened the public hearing at 1:25 pm. County Auditor Carla Becker briefly explained the revenue and expenditure changes being proposed in the amendment. The increase in revenues was due mainly to the $2,999,999 in loan proceeds for assistance with the Lake Delhi spillway construction, whereas the largest portion of proposed expenditure increases were due to Secondary Road expenditures for equipment operation, road construction and snow and ice removal. There being no public comments, either written or oral, the public hearing was closed at 1:27 pm. Motion made by Helmrichs, second by Madlom and carried to approve the proposed FY13-14 budget amendment as follows:

COUNTY NAME: RECORD OF HEARING AND DETERMINATION COUNTY NO: DELAWARE ON THE AMENDMENT TO COUNTY BUDGET 28

Date budget amendment was adopted: For Fiscal Year Ending: March 3, 2014 June 30, 2014

The County Board of Supervisors met on the date specified immediately above to adopt an amendment to the current County budget as summarized below. The amendment was adopted after compliance with the public notice, public hearing, and public meeting provisions as required by law.

Iowa Department of Management Total

Budget Adopted Total Budget

Form 653 A-R Sheet 2 of 2 (revised 04/30/12) as

Certified Current After Current

REVENUES & OTHER FINANCING SOURCES

or Last Amended Amendment Amendment

Taxes Levied on Property 7,412,846 (7,829) 7,405,017 Less: Uncollected Delinquent Taxes - Levy Year 4,025 0 4,025 Less: Credits to Taxpayers 327,697 39,894 367,591 Net Current Property Taxes 7,081,124 (47,723) 7,033,401 Delinquent Property Tax Revenue 425 0 425 Penalties, Interest & Costs on Taxes 30,700 0 30,700 Other County Taxes/TIF Tax Revenues 1,071,700 (1) 1,071,699 Intergovernmental 5,152,585 44,519 5,197,104 Licenses & Permits 22,050 0 22,050 Charges for Service 414,020 16,000 430,020 Use of Money & Property 166,160 0 166,160

216

Miscellaneous 220,506 50,297 270,803 Subtotal Revenues 14,159,270 63,092 14,222,362 Other Financing Sources: General Long-Term Debt Proceeds 0 2,999,999 2,999,999 Operating Transfers In 2,014,145 0 2,014,145 Proceeds of Fixed Asset Sales 0 0 0 Total Revenues & Other Sources 16,173,415 3,063,091 19,236,506 EXPENDITURES & OTHER FINANCING USES Operating: Public Safety & Legal Services 2,403,238 20,508 2,423,746 Physical Health & Social Services 681,898 (60,000) 621,898 Mental Health, MR & DD 1,550,998 2,900 1,553,898 County Environment & Education 924,126 4,791 928,917 Roads & Transportation 5,307,385 1,151,588 6,458,973 Government Services to Residents 788,479 (4,820) 783,659 Administration 1,467,914 55,500 1,523,414 Nonprogram Current 37,900 2,500 40,400 Debt Service 73,000 0 73,000 Capital Projects 2,044,633 9,809 2,054,442 Subtotal Expenditures 15,279,571 1,182,776 16,462,347 Other Financing Uses: Operating Transfers Out 2,014,145 0 2,014,145 Refunded Debt/Payments to Escrow 0 0 0 Total Expenditures & Other Uses 17,293,716 1,182,776 18,476,492 Excess of Revenues & Other Sources over (under) Expenditures & Other Uses (1,120,301) 1,880,315 760,014 Beginning Fund Balance - July 1, 4,572,175 1,800,311 6,372,486 Increase (Decrease) in Reserves (GAAP Budgeting) 0 0 0

Fund Balance - Nonspendable 0 0 0 Fund Balance - Restricted 1,923,643 3,231,484 5,155,127 Fund Balance - Committed 0 0 0 Fund Balance - Assigned 470,839 (106,080) 364,759 Fund Balance - Unassigned 1,057,392 555,222 1,612,614 Total Ending Fund Balance - June 30, 3,451,874 3,680,626 7,132,500

Date original budget adopted: Date(s) current budget was subsequently amended: March 11, 2013 07/01/14

The below-signed certify that proof of publication of the hearing notice and proposed amendment is on file for each official County newspaper, that all public hearing notices were published not less than 10, nor more than 20 days prior to the public hearing, and that adopted expenditures do not exceed published amounts for any of the 10 individual expenditure classes, or in total.

All Ayes Motion made by Madlom, second by Helmrichs and carried to approve the following FY 13-14 Appropriation Resolution Amendment:

RESOLUTION #2014-010 AMENEDED APPROPRIATIONS

FY 2013/2014 WHEREAS, it is desired to make appropriations for each of the different county officers and departments for the fiscal year beginning July 1, 2013, in accordance with Section 331.434, Subsection 6, of the Code of Iowa, NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Delaware County, Iowa, as follows: Section 1. The amounts itemized by fund and by department or office on the following schedule are hereby appropriated from the resources of each fund so itemized, the department or office listed in the first column on the same line of the schedule. Section 2. Subject to the provisions of other county procedures and regulations, and applicable state law, the appropriations authorized under Section 1 shall constitute authorization for the department or officer listed to make expenditures or incur obligations from the itemized fund, effective March 3, 2014. Section 3. In accordance with Section 331.437, Code of Iowa, no department or county official shall expend or contract to expend any money or incur any liability, or enter into any contract which by its terms involves the expenditure of money for any purpose in excess of the amounts appropriated pursuant to this resolution. Section 4. If at any time during the 2013/2014 budget year the Auditor shall ascertain that the available resources of a fund for that year will be less than said fund’s total appropriations, she shall immediately so inform the Board and recommend appropriate corrective action. Section 5. The Auditor shall establish separate accounts for the appropriations authorized in Section 1, each of which account shall indicate the amount of the appropriation, the amounts charged thereto, and the unencumbered balance. The Auditor shall report the status of such accounts to the applicable departments and offices monthly, during the 2013/2014 budget year. Section 6. All appropriations authorized pursuant to this resolution lapse at the close of the business day on June 30, 2014. The 2013/2014 fiscal year budget appropriated and accounted for by department and fund is as follows: General General MH/DD Rural Secondary Department Basic Supple. Fund Services Road Other Total__ Supervisors 711,246 627,161 96,130 15,000 1,449,537 Auditor 160,324 322,154 482,478 Treasurer 310,047 80,889 390,936 Attorney 239,544 43,151 282,695 Sheriff 1,713,610 236,752 11,089 1,961,451 Clerk of Court 49,600 49,600 Recorder 198,990 50,362 5,000 254,352 Community Services 209,455 15,428 35,700 260,583 County Engineer 8,379,231 8,379,231 Veteran Affairs 117,342 16,373 133,715 Conservation 463,706 50,362 61,420 575,488 Local Health 127,500 127,500 Weed Commissioner 13,250 13,250 Human Services 27,300 27,300 County Farm 35,400 35,400 Medical Examiner 35,000 35,000

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Fairgrounds 39,000 39,000 County Services 134,872 25,034 92,578 252,484 County Library 73,499 73,499 Historical Society 11,950 11,950 Mental Health 929,302 929,302 Case Management 350,016 350,016 Community Life 274,580 274,580 Non-departmental 73,000 73,000 Totals $4,535,286 $1,517,266 $1,553,898 $275,457 $8,379,231 $201,209 $16,462,347 Dated this 3rd day of March, 2014. Delaware County Board of Supervisors Attest: /S/ Jerry Ries, Chairperson /S/ Carla K. Becker, Auditor All Ayes Motion made by Helmrichs, second by Madlom and carried to acknowledge receipt of the Delaware County Compensation Board’s recommendation of a 4% wage increase for all elected officials for FY14-15. All Ayes Motion made by Madlom, second by Helmrichs and carried to approve the following resolution:

RESOLUTION #2014-012

ELECTED OFFICIAL COMPENSATION SCHEDULE FY 2014/2015

WHEREAS, the Delaware County Compensation Board met on December 19, 2013 to consider recommendations for the elected officials wages for the 2014-2015 Fiscal Year based on salaries of comparable positions within Delaware County and within the State of Iowa as required by Sections 331.905 & 331.907 of the Code of Iowa, and WHEREAS, the Board of Supervisors acknowledged receipt of the Compensation Board’s recommendations for FY 2014-15 and recognizes the Compensation Board’s continued commitment in its position to try and equalize the elected officials’ salaries to bring them in line with duties and comparable salaries. NOW, THEREFORE BE IT RESOLVED, by the Delaware County Board of Supervisors that the compensation schedule recommended by the Delaware County Compensation Board at their meeting on December 19, 2013, showing a recommended increase of 4% for all elected positions be reduced by 25% to 3% as follows: County Attorney - $84,415 County Sheriff - 69,424 County Supervisors - 32,013 County Auditor - 59,780 County Treasurer - 55,918 County Recorder - 55,918 Dated this 3rd day of March, 2014. Delaware County Board of Supervisors By: /S/ Jerry Ries, Chairperson ATTEST: /S/ Carla K. Becker, Delaware County Auditor All Ayes PUBLIC HEARING – PROPOSED FY 14-15 BUDGET This being the date and time set, as published in the three (3) official newspapers of the county on February 19, 2014, to hold a public hearing on the FY 14-15 Proposed Budget, Chairperson Ries opened the public hearing at 1:33 pm. There being no public comments, either written or oral, the public hearing was closed at 1:34 pm. Motion made by Helmrichs, second by Madlom and carried to approve the FY 14-15 Budget as follows:

ADOPTION OF BUDGET AND CERTIFICATION OF TAXES

(P) (Q) (R) (S) (T)

UTILITYREPLACEMENT

AND

VALUATION WITH

LEVY RATE

VALUATION WITHOUT

PROPERTY TAXES

PROPERTY TAX

DOLLARSGAS & ELEC UTILITIES GAS & ELEC

UTILITIES LEVIED

A. Countywide Levies: 1,004,371,703 979,601,102 General Basic 3,515,301 3.5 3,428,604 + Cemetery (Pioneer - 331.424B) 0 0 = Total for General Basic 3,515,301 3,428,604

Emerg Mgmt Dollars Included Above in Gen Basic-Info 80,000 78,025 General Supplemental 1,543,960 1.53724 1,505,882 County Services Fund (from '4M' certification above) 830,899 0.82728 810,404 Debt Service (from Form 703 col. I Countywide total) 433,106 1,031,206,577 0.42 1,006,435,976 422,703 Voted Emergency Medical Services (Countywide) 0 0 Subtotal Countywide (A) 6,323,266 6.28452 6,167,593B. All Rural Services Only Levies: 713,087,264 695,104,539 Rural Services Basic 2,359,734 3.30918 2,300,226 Subtotal All Rural Services Only (B) 2,359,734 3.30918 2,300,226 Subtotal Countywide/All Rural Services (A + B) 8,683,000 9.5937 8,467,819 GRAND TOTAL (A + B + C) 8,683,000 8,467,819

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Iowa Department of Management Delaware County ADOPTED BUDGET SUMMARY Form 634 - R TOTALS

Special Capital Debt Budget Re-estimated Actual

General Revenue Projects Service 2014/20152013/2014 2012/2013

REVENUES & OTHER FINANCING SOURCES (A) (B) (C) (D) (F) (G) (H) Taxes Levied on Property 4,934,486 3,110,630 422,703 8,467,819 7,405,017 7,154,356 Less: Uncollected Delinquent Taxes - Levy Year 2,000 2,000 50 4,050 4,025 1,728 Less: Credits to Taxpayers 300,241 170,727 24,111 495,079 367,591 317,771 Net Current Property Taxes 4,632,245 2,937,903 398,542 7,968,690 7,033,401 6,834,857 Delinquent Property Tax Revenue 200 200 25 425 425 383 Penalties, Interest & Costs on Taxes 30,700 30,700 30,700 47,818 Other County Taxes/TIF Tax Revenues 222,675 881,503 0 10,503 1,114,681 1,071,699 1,117,326 Intergovernmental 1,261,496 4,354,238 0 27,782 5,643,516 5,197,104 5,409,908 Licenses & Permits 50 22,000 22,050 22,050 23,284 Charges for Service 416,360 4,000 420,360 430,020 581,940 Use of Money & Property 140,495 110 15,000 155,605 166,160 148,502 Miscellaneous 175,481 290,500 465,981 270,803 298,790 Subtotal Revenues 6,879,702 8,490,454 15,000 436,852 15,822,008 14,222,362 14,462,808Other Financing Sources: General Long-Term Debt Proceeds 0 0 0 2,999,999 Operating Transfers In 0 2,141,936 0 0 2,141,936 2,014,145 1,940,452 Proceeds of Fixed Asset Sales 0 0 0 Total Revenues & Other Sources 6,879,702 10,632,390 15,000 436,852 17,963,944 19,236,506 16,403,260EXPENDITURES & OTHER FINANCING USES

Operating: Public Safety and Legal Services 2,531,695 0 2,531,695 2,423,746 2,206,447 Physical Health and Social Services 608,199 35,700 643,899 621,898 466,202 Mental Health, ID & DD 649,930 1,138,177 1,788,107 1,553,898 1,760,066 County Environment and Education 698,019 268,976 966,995 928,917 880,294 Roads & Transportation 0 5,620,319 5,620,319 6,458,973 4,679,379 Government Services to Residents 808,498 20,800 829,298 783,659 638,366 Administration 1,493,363 35,000 1,528,363 1,523,414 1,450,119 Nonprogram Current 48,900 0 48,900 40,400 27,301Debt Service 0 0 404,330 404,330 73,000 72,278Capital Projects 315,500 1,664,000 2,999,999 4,979,499 2,054,442 2,544,503 Subtotal Expenditures 7,154,104 8,782,972 2,999,999 404,330 19,341,405 16,462,347 14,724,955Other Financing Uses: Operating Transfers Out 0 2,141,936 0 0 2,141,936 2,014,145 1,940,452 Refunded Debt/Payments to Escrow 0 0 0 Total Expenditures & Other Uses 7,154,104 10,924,908 2,999,999 404,330 21,483,341 18,476,492 16,665,407Excess of Revenues & Other Sources over (under) Expenditures & Other Uses -274,402 -292,518 -2,984,999 32,522 -3,519,397 760,014 -262,147Beginning Fund Balance - July 1, 2,484,548 1,655,727 2,984,999 7,226 7,132,500 6,372,486 6,634,633 Fund Balance - Nonspendable 0 0 0 Fund Balance - Restricted 241,054 1,363,209 39,748 1,644,011 5,155,127 4,176,330 Fund Balance - Committed 0 0 0 Fund Balance - Assigned 510,115 0 510,115 364,759 364,759 Fund Balance - Unassigned 1,458,977 0 0 0 1,458,977 1,612,614 1,831,397Total Ending Fund Balance - June 30, 2,210,146 1,363,209 0 39,748 3,613,103 7,132,500 6,372,486Proposed tax rate per $1,000 valuation for County purposes: 6.28452urban

areas; 9.5937rural areas; All Ayes

Motion made by Madlom, second by Helmrichs and carried to approve the submission of the FY 13-14 Amended Secondary Road Budget with the Iowa Department of Transportation. Although the expenditures are being increased to $1,151,588 for the department due to recent flood damage, fuel usage, snow removal and equipment costs, County Engineer Anthony Bardgett is hoping to come in under that amount at fiscal yearend. All Ayes

Motion made by Helmrichs, second by Madlom and carried to approve the submission of the FY14-15 Secondary Road adopted budget with the Iowa Department of Transportation. Budgeted expenditures for FY14-15 are $7,272,919. All Ayes

Motion made by Madlom, second by Helmrichs and carried to approve the detour agreement with the Iowa Department of Transportation to detour traffic on county roadways during the reconstruction of the railroad crossing on State Hwy 13 at Ryan, Iowa. The detour would begin at the intersection of State Hwy 13 and Adams Street; proceed northerly .488 miles on Adams Street to county road D47; thence easterly .058 miles on county road D47 to State Hwy 13. The detour period is estimated to begin on July 7, 2014 and end on July 12, 2014. All Ayes

Consideration of Resolution to vacate a Portion of 265th Street in Section 25-88-4 The public hearing for this proposed vacation was held on November 25, 2013. At that time, the Board tabled the consideration of said vacation until spring. Loras Hoeger, adjacent property owner, asked for permission to speak. He has several additional questions he would like answered that he did not ask during the public hearing and is requesting a work session with the Board in order to discuss the situation.

Motion made by Helmrichs, second by Madlom and carried to table the consideration of the proposed vacation of a portion of 265th Street in Section 25 of Delhi Township until the March 10, 2014 Board meeting and to schedule a work session regarding the same on Tuesday, March 4, 2014 at 2:00 pm. All Ayes

ENGINEER’S REPORT None.

NEXT MEETING The next regular session will be held on Monday, March 10, 2014 at 1:15 pm.

PUBLIC COMMENTS Loras Hoeger wanted to thank the Board and Anthony for working with him on this proposed vacation

219

Supervisor Helmrichs wanted to thank Steve Halverson from the Dyersville Commercial for his great coverage of the Board meetings and welcome back Will Cushman who will be replacing Steve at the meetings.

Motion made by Helmrichs, second by Madlom and carried to adjourn the meeting at 1:45 pm. All Ayes

These minutes have been read and approved. /S/ Jerry Ries, Chairperson /S/ Carla K. Becker, County Auditor

STATE OF IOWA ) March 4, 2014 ) Ss: Manchester, Iowa DELAWARE COUNTY ) 2:00 PM

The Delaware County Board of Supervisors met in work session this date at 2:00 pm with all members present. Also present were Loras Hoeger, Anthony Bardgett, Casey Snyder, Peggy Hildebrand and Carla K. Becker. The work session was called to order by Chairperson Ries.

Discussion Regarding the Proposed Vacation of a Portion of 265th Street in Section 25 of Delhi Township The floor was given to Loras Hoeger. He thanked the Board and the County Engineer for being so cooperative with him regarding the proposed vacation of his roadway. He originally had several questions for this work session but has narrowed it down to the following two (2) questions:

1. The back forty (40) acres of his property is a separate legal description with its own abstract. Does this make a difference when they are looking at the amount of property owners on the roadway?

2. If Randy Knipper was not willing to deed over his portion of the road right-of-way that the Board is proposing to vacate, would that keep the Board from moving forward with the vacation?

Chairperson Ries addressed the first question by asking Mr. Hoeger if all of the property was owned by him. Since it is, it would constitute sole ownership no matter how many legal descriptions were involved.

With regards to the second question, County Engineer Anthony Bardgett stated that it would not affect his request to the Board for vacation. He approached Mr. Knipper regarding his portion of the right-of-way proposed for vacation to benefit Mr. Hoeger. His willingness to deed the property over to Mr. Hoeger has no relevance as to the reasons he is requesting the vacation in the first place.

Mr. Bardgett continued by stating what his intentions are if the Board approves the proposed vacation. His department will continue snow removal on this portion of 265th Street for the rest of the season. When weather permits this spring, they will re-work the roadway to help with any issues related to the high banks and to take care of the east end intersection. If Mr. Hoeger would like them to, his department would be willing to go beyond the county’s right-of-way line to help blend things in.

Mr. Hoeger stated that he has a neighbor who might be willing to help him with blending things in as well. Would it be alright to have a private individual working alongside the county during this process? Mr. Bardgett did not have a problem with someone working on Mr. Hoeger’s private property at the same time that his crew is working within the right-of-way.

There being no further comments regarding this matter, the work session was closed at 2:10 pm.

These minutes have been read and approved. /S/ Jerry Ries, Chairperson /S/ Carla K. Becker, Auditor

STATE OF IOWA ) March 4, 2014 ) Ss: Manchester, Iowa DELAWARE COUNTY ) 2:30 PM

The Delaware County Board of Supervisors met in work session this date at 2:30 pm with all members present. Also present were Anthony Bardgett, Casey Snyder, John LeClere and Carla K. Becker. The work session was called to order by Chairperson Ries.

Discussion Regarding Proposed Expansion and Renovation of the Jail and Sheriff’s Department Facilities Sheriff LeClere was asked if he felt confident that moving ahead with a May election date was the best thing or if he would like to postpone until sometime in the future.

Sheriff LeClere stated that the current estimate that he has from the architect assumes a September 2015 construction date. He is confident that the estimate would be close enough to use if the Board decided to go with a May 2014 election. He feels that he could be ready for a May election. Even if it fails, as it did in Buchanan County the first time, it would get people talking about it and generate more interest for the next time it was put on a ballot. The issue passed the second time in Buchanan County. Supervisor Madlom pointed out that a special election will cost the county close to $30,000 if they did go with a May election date.

Supervisor Helmrichs is concerned with the hard winter and a possible wet spring which may delay farmers getting into the fields. She and Supervisor Madlom are wondering if it would be better to wait until fall and have the question on the General Election ballot in November. Sheriff LeClere stated he would be in favor of waiting until November as well. This would actually allow for more time to educate the public on the need for the project.

Sheriff LeClere stated that he had positive results with the questionnaire that was given to the Ad Hoc Committee members. Now that the City of Manchester has backed away from a joint center, he would like to have them meet as a group at least one more time and possibly issue a final report to the Board as to the Committee’s recommendations.

Supervisor Helmrichs stated that the Board should put the topic on the March 17th agenda for discussion. The Board could also outline potential deadlines to help move the informational portion of the process along. Even though the Board cannot use county resources to push for passage of this potential bond issue, they can help inform the public of the need. The Board could also pass a resolution outlining the need for this project and pledging the Board’s support for the project.

Sheriff LeClere stated he would get potential dates to the Board for the next Ad Hoc Committee meeting.

There being no further business before the Board, the meeting was adjourned at 3:10 pm.

These minutes have been read and approved. /S/ Jerry Ries, Chairperson /S/ Carla K. Becker, Auditor

220

STATE OF IOWA ) March 10, 2014 ) Ss: Manchester, Iowa DELAWARE COUNTY ) 10:30 am The Delaware County Board of Supervisors met in work session this date at 10:30 am with all members present. Also present were Devonne Harford, Tom Schuetz, Monica Heiserman, Anthony Bardgett and Carla Becker. No members of the media were present. Chairperson Ries called the meeting to order. Devonne Harford with Wellmark Blue Cross and Blue Shield presented the 2014/2015 Health Benefits renewal rate. According to Ms. Harford, the county’s rates will increase only 2.23% from the 13/14 rates. The new rates include a 4% increase for fees associated with the Affordable Care Act (ACA). Without the addition of these new fees, the county would have realized a decrease in premiums this year. Ms. Harford cited a low base trend, change in demographics and reduction in claims as the main reasons for the minimal premium increase. During the recent budget process, the Board was preparing for up to a 25% increase. For the renewal period, the ACA has removed the waiting period for pre-existing conditions and will have medical copayments added to the employees’ out-of-pocket maximum calculation. For 2015-16 the out-of-pocket calculation will also include copayments on prescriptions. Tom Schuetz, Group Services, updated the Board regarding the budget for the self-funded portion of the FY14-15 renewal. Mr. Schuetz does not anticipate an increase in the self-funded budget for next year. According to Mr. Schuetz, the addition of the co-payments into the out-of-pocket maximum will even help the county’s self-funded portion by allowing employees to reach their yearly maximum sooner. He also stated that the offered plans for Wellmark will change in 2016 due to the definition of small groups. The County would then go to a modified community rating. Due to this change, he feels insurance companies will be forced into a new level of conservatism. There being no further business before the Board, the meeting was adjourned at 11:05 am. These minutes have been read and approved. /S/ Jerry Ries, Chairperson /S/ Carla K. Becker, Auditor STATE OF IOWA ) March 10, 2014 ) Ss: Manchester, Iowa DELAWARE COUNTY ) 1:15 pm The Delaware County Board of Supervisors met in regular session this date at 1:15 pm with all members present. Also present were Chip Schultz, Nathan Summers, Michael Maloney, Anthony Bardgett, Carla Becker, and three (3) members of the media. Chairperson Ries called the meeting to order.

Motion made by Helmrichs, second by Madlom and carried to approve the March 3, 2014 work session, March 3, 2014 regular session and March 4, 2014 work session minutes. All Ayes

Motion made by Madlom, second by Helmrichs and carried to approve the following employees to attend their respective out-of-county meetings: Dennis Lyons to attend a training seminar in Calmar on March 11, 2014; Norman Wellman to attend the NENA 911 Spring Conference in Des Moines April 7-9, 2014; Mike Ryan to attend the LEPC meeting in Buchanan County on March 11, 2014, the Polk County EMA meeting on March 14, 2014 and the Dubuque County Fire Chiefs’ meeting on March 19, 2014; Peggy Petlon to attend a MH contracting meeting in Iowa City on March 17, 2014, a regional CPC meeting in Cedar Rapids on March 18 & 20, 2014; Peggy Petlon and Carla K. Becker to attend ISAC Spring School in Des Moines March 12-14, 2014; Shirley Helmrichs to attend the BDF meeting in Independence on March 12, 2014; and Shirley Helmrichs and Jerry Ries to attend the Operation New View meeting in Dubuque on March 13, 2014. All Ayes

Motion made by Helmrichs, second by Madlom and carried to approve the following claims for payment including the March 7, 2014 payroll in the amount of $179,841.65 warrant #6717-#6849: ABC Fire Protection Inc Repair/Maint-Misc Equip 304.00 Advanced Systems Inc Maint-Off Equip/Furniture 120.88 Ahlers & Cooney PC Legal-Court Related 12529.21 Alliant Energy Service 4802.15 Altorfer Inc Construction & Maint 5412.95 Bard Materials Cover Aggregate & Sand 4618.55 Anthony T Bardgett Employee Mileage/Subs 44.11 John W Bernau Employee Mileage/Subs 50.96 Best Cleaners Cleaning of Uniforms/mops 699.25 Best Western University Park Employee Mileage/Subs 295.68 Bi-County Disposal Inc Sanitation Disposal 113.00 Black Hills Energy Service 1419.32 Blakesley Drug Prescription Medicine 41.02 Bob Stephen Motors Inc Repair/Maint- Vehicle 1027.97 BOSS Stationery/Forms 65.99 Boubin Tire Co Repair/Maint-Const Equip 59.35 BP Fuels 774.26 Linda R Burr Miscellaneous 8.00 Co Case Management Data Processing 526.50 Cedar Cross Overhead Door Buildings 100.50 Cedar Valley Ranch Inc RCF 2674.72 CenTec Cast Metal Products Care of Graves 1993.05 Central Iowa Water Water Use & Sewer 43.51 CenturyLink QCC Business Telephone Services 27.62 CenturyLink Telephone Services 423.25 City Laundering Co Buildings-Repair/Maint 621.07 Delaware County Auditor Election Expense 929.47 Del Co Tourism Association Expend Local Pass Thru 2000.00 Delaware Co Sheriff Transportation 1191.66 Delhi Lumber Salary-Regular Employees 38.50 Demmer Oil Company Utilities 275.00 Diamond Mowers Inc Construction & Maint 25.63 DJ Repair Repair/Maint- Vehicle 802.18 Dolan Insurance Agency Blanket Insurance 223.00 Don & Walt LLC Buildings-Repair/Maint 961.50 Dons Truck Sales Inc Construction & Maint 1066.80

Drew Cook Repair Construction & Maint 168.40 Dubuque County Sheriff Legal-Court Related 19.00 Dyersville Commercial Official Publication 1299.64 Eastern Iowa Tire Inc Repair/Maint-Const Equip 634.46 Eastside Storage Buildings-Repair/Maint 30.00 Edgewood Reminder Official Publication 72.00 Jody Elgin Custodial Supplies 180.00 Tina Elgin Custodial 500.00 Everys Auto & Tire Center Repair/Maint- Vehicle 229.65 F&M Bank Stationery/Supplies 163.71 Garlyn R Glanz Board Member Expense 95.00 GNB Bank Stationery/Supplies 26.75 Good Neighbor Society Food Preparation Services 2209.50 Harrison Truck Centers Construction & Maint 123.60 Henderson Products Construction & Maint 855.71 Heritage Printing Printing Services 116.18 Hopkinton Municipal Utilities Water Use & Sewer 125.13 Houlihan Sanitation Service Sanitation Disposal 205.00 Treasurer State of Iowa Education & Training 60.00 IA Secretary of State Stationery/Supplies 60.00 Industrial Supply Solutions Minor Mv Parts & Access 1850.01 IOWWA Education & Training 100.00 ISACA Treasurer ISACA 2014 Dues 225.00 Melanie A Jencks MH Advocate 194.88 John Deere Financial Data Processing 305.13 Kimberly S Lange Law Office Legal-Court Related 58.50 Kris Engineering Inc Minor Mv Parts & Access 6318.92 Kromminga Motors Inc Repair/Maint-Const Equip 183.50 L&L Murphy Consulting Planning-Consulting 2000.00 Leader Publications Off Publication/Legal Not 57.00 Lechtenberg Janitorial Custodial Supplies 158.85 Leonard Muller Funeral Services 1500.00 Jill Lewis Buildings-Repair/Maint 150.00 Shirley S Lyons Board Member Expense 95.00 Mail Services LLC Postage & Mailing 567.44 Manchester Press Publications 970.71

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City of Manchester Water Use & Sewer 44.65 Martin Equipment of Illinois Minor Mv Parts & Access 3830.74 McDowell Truck/Auto Repair Construction & Maint 54.57 Mediacom LLC Data Processing 205.90 Midwest Business Products Typing/Printing/Binding 87.53 Carrie Nauman Legal-Court Related 1162.00 Northeast Iowa Telephone Maint-Off Equip/Furniture 83.88 Nebraska-Iowa Industrial Shop Equipment 172.66 North American Salt Co Cover Aggregate & Sand 5055.88 Office Express Stationery/Supplies 411.00 Opportunity Village Sheltered Workshop 658.12 Palmer Hardware Repair/Maint-Misc Equip 42.26 Phoenix Supply Clothing & Dry Goods 253.69 Prairie View Management RCF 1898.75 Precise MRM LLC Repair/Maint-Radio Equip 1059.62 Ray O'Herron Co Inc Medical & Lab Supplies 54.58 Rite Price Office Supply Supplies 964.34 River Valley Cooperative Natural -LP Gas-Fuel Oil 26938.71 Runde Auto Group Repair/Maint- Vehicle 59.61 Sadler Power Train Inc Construction & Maint 657.23 Ronald Savago Rent Payments 236.00 Schaul Housing Rent Payments 525.00 Scherrmans Implement Construction & Maint 316.13 Schroeders Cash Supply Park Development 1351.85

Scott Printing & Design Stationery/Supplies 344.00 Scott VanKeppel LLC Construction & Maint 1725.05 Silveredge Cooperative Fuels 8620.72 Simmons Perrine Moyer etal Legal-Court Related 4157.82 Daniel W Small Minor Equip 189.99 Smittys Repair/Maint- Vehicle 565.69 Solutions Inc Data Processing 832.74 Standard Auto Parts LLC Repair/Maint- Vehicle 749.26 State Medical Examiner Medical & Health Services 4801.50 Stew Hansen Motor Vehicle 23544.00 Swift Law Firm Legal-Court Related 195.08 TASC Client Services Planning-Consulting 564.30 Terminal Supply Company Steel-Iron-Related Metals 53.26 Thomson Reuters Magazines/Newspaper 557.59 Three Rivers FS Fuel 21178.08 Titan Access Construction & Maint 159.08 Postage Pre-payment Postage & Mailing 468.63 Vanguard Appraisals Inc Appraisal Services 24657.50 Viafield Utilities 454.50 Weber Paper Company Custodial Supplies 180.99 Sheri L Weber Miscellaneous 11.00 Welter Storage Equip Co Inc Repair/Maint-Const Equip 175.00 Windstream Telephone Service 841.62 Zee Medical Inc Medical & Lab Supplies 61.95

All Ayes

There were no “Applications for Approval of Underground Construction on Delaware County Right-of-Way” submitted for consideration at today’s meeting.

There were no manure management plan updates submitted for receipt at today’s meeting.

PRESENTATION ON MUNICIPAL BONDING – D.A. Davidson & Co. Chip Schultz, Nathan Summers and Michael Maloney, representatives of D.A. Davidson & Co., addressed the Board regarding their company possibly working with the County as a placement agency if the proposed jail expansion were approved by the voters. They would work alongside the County’s current financial advisor, PFM, to look at the advantage of private placement versus the public sale of bonds. In order for the Board to even have this option available to them, certain language would need to be placed into the documentation from the bonding attorney. It is their opinion that by using a draw down method of financing when the money is needed versus going into debt all at once would save the county several thousands of dollars in interest. In summary the following points were noted:

The County would pay no fees to Davidson by exploring this option, unless the bank placement option is utilized and the issue closes. The County would be keeping all its options open in seeking the lowest cost of financing by utilizing the “loan agreement” language on the bond ballot. Davidson would be working in conjunction with the County’s other advisors as a part of a team to discover and utilize the lowest cost of financing for the County.

The Board thanked the gentlemen for their time and will speak with the County’s financial advisor and bonding attorney regarding this option.

Motion made by Madlom, second by Helmrichs and carried to acknowledge receipt of the Recorder’s Monthly Report showing that for the month of February 2014 the following fees were collected and deposited into their respective funds: General Fund $7,329.98 Recorder’s Document Management Fund 226.00 Electronic Transfer Fund 226.00 Total Collected $7,782.01 All Ayes

Motion made by Helmrichs, second by Madlom and carried to approve the re-issuance of Warrant #6586 in the amount of $175.11. The warrant was originally issued on February 24, 2014 to Casey Snyder. The Board is making an exception to the 60 day waiting period for re-issuance of lost warrants since Mr. Snyder was able to produce a portion of the warrant at the time of the request. According to Mr. Snyder, the warrant went through the laundry. All Ayes

Motion made by Madlom, second by Helmrichs and carried to approve the following resolution amending the FY2014 Construction Plan:

Resolution to Revise Delaware County 2014 Five Year Road Program

Resolution No. 2014-014

WHEREAS, unforeseen circumstances have arisen since adoption of the approved Secondary Road Construction Program, and previous revisions, requiring changes to the sequence, funding and timing of the proposed work plan, NOW THEREFORE BE IT RESOLVED, the Board of Supervisors of Delaware County, Iowa, in accordance with Iowa Code Section 309.22, initiates and recommends modification of the following projects in the accomplishment year (State Fiscal Year (FY) 2014), for approval by the Iowa Department of Transportation (Iowa DOT), per Iowa Code 309.23 and Iowa DOT Instructional Memorandum 2.050. The following approved Priority Year projects shall be ADDED to the Program’s Accomplishment year:

New Amount

L-B-14(02)--73-28 231st Ave Bridge TPMS ID: 27109

On 231st Ave, from D47 South to 231st Ave, NE S19 T87N R410

0.0379 MI 139610

Bridges LOCAL $60

L-B-14(01)--73-28 140th Ave Bridge TPMS ID: 27111

On 140th Ave, from 330th St South to 140th Ave, NE S34 T87 R610

0.019 MIBridges LOCAL $58

$118

Accomplishment Year

($1000's of Dollars)Project Number Local ID TPMS #

Project Location Description of Work

AADT Length NBIS #

Type Work Fund basis

Totals

222

Previous Amount New Amount Net ChangeLocal Funds $220 $338 $118

Farm to Market Funds $825 $825 $0Special Funds $1,200 $1,200 $0

Federal Aid Funds $440 $440 $0Total Construction Cost (All Funds) $2,685 $2,803 $118

Local 020 Construction Cost Totals (Local Funds + BROS-8J FA funds)

$660 $778 $118

Fund IDAccomplishment Year

($1000's of dollars)

Date: March 10, 2014 Recommended: /S/ Anthony Bardgett, County Engineer Approved: /S/ Jerry Ries, Chair, Board of Supervisors Attest: /S/ Carla K. Becker, County Auditor All Ayes Motion made by Helmrichs, second by Madlom and carried to approve the FY2015 Secondary Roads Construction Program as follows:

Project Number Local ID Project Name

Location Description of Work Location

System Status

$ Day Labor Type Work SPC/FA Types

Fund FY:2015

BROS-C028(84)--8J-28 310th Ave Bridge

310th Ave: Hwy 3 S 0.25 MI FA and FM Previous

$0 320 - Bridges

LCL 46 FMO

SPC STP-HBP FA 184

L-B15(01)--73-28 300th Ave Bridge TPMS ID: 19148

300TH AVE: From 265th Street to 250th Street

Local Previous

$0 320 - Bridges

LCL 70 FMO

SPC LOCAL FA

L-B15(02)--73-28 Turtle Creek Bridge TPMS ID: 26841

On 267th Street, Over Turtle Creek Cove, S25 T88 R5

Local New

$0 320 - Bridges

LCL 400 FMO

SPC LOCAL FA

LOST-15(01)--73-28 X3C Paving

On X3C, from NCL of Colesburg North 0.23 Miles to Clayton County Line, S4 T90 R3

Local New

$0 366 - HMA Paving

LCL FMO

LOST SPC 80 LOCAL FA

LOST-15(02)--73-28 Worthington Road TPMS ID: 20337

D35: From X47 to County Line FM Previous

$0 366 - HMA Paving

LCL FMO

LOST SPC 864 LOCAL FA

STP-S-C028(85)--5E-28 C64 From Greeley to Petersburg TPMS ID: 18957

C-64: From Greeley to Petersburg FA and FM Previous

$0 386 - Tile Lines

LCL FMO 110

SPC STP FA 440

FY2016 BROS-C028()--8J-28 137th St Bridge TPMS ID: 23529

137th St: 252nd Ave E 0.2 MI FA and FM Previous

$0 320 - Bridges

LCL 70 FMO

SPC STP-HBP FA 280

BROS-C028()--8J-28 Chicken House Road Bridge TPMS ID: 4729

197th Avenue: From 275th Street to 295th Street

Local Previous

$0 320 - Bridges

LCL 70 FMO

SPC STP-HBP FA 280

FM-C028()--55-28 C64 Paving TPMS ID: 26842

On C64, from Greeley East 7.1 Miles to Petersburg

FM New

$0 366 - HMA Paving

LCL FMO 1,500

SPC FM FA

LOST-16(01)--73-28 River Road TPMS ID: 20296

X15: From 0.5 Mile North of 240th St to SCL of Manchester

FM Previous

$0 366 - HMA Paving

LCL FMO

LOST SPC 528 LOCAL FA

LOST-16(02)--73-28 195th St Paving TPMS ID: 23431

D13: From 162nd Ave to Manchester WCL

FA and FM Previous

$0 366 - HMA Paving

LCL FMO

LOST SPC 270 LOCAL FA

LOST-16(03)--73-28 X15 Paving TPMS ID: 23433

X15: From Honey Creek Rd to 165th Street

Local Previous

$0 366 - HMA Paving

LCL FMO

LOST SPC 540 LOCAL FA

FY2017 BROS-C028()--5F-28 182nd St Bridge TPMS ID: 23528

182nd St: X49 W 1 MI FA and FM Previous

$0 320 - Bridges

LCL FMO 70

SPC STP-HBP FA 280

BROS-C028()--8J-28 Hermann Pony Truss TPMS ID: 19147

190TH AVE: From 165th Street to 150th Street

Local Previous

$0 320 - Bridges

LCL 70 FMO

SPC STP-HBP FA 280

L-B17(01)--73-28 265th St. Bridge TPMS ID: 16826

265th Street: From 310th Avenue to 300th Avenue

Local Previous

$0 320 - Bridges

LCL 100 FMO

SPC LOCAL FA

LOST-17(01)--73-28 C64 From 200th Ave to Hwy 38 TPMS ID: 20338

C64: From 200th Ave to Hwy 38 FA and FM Previous

$0 366 - HMA Paving

LCL FMO

LOST SPC LOCAL FA

FY2018 BROS-C028()--8J-28 Dempster Bridge TPMS ID: 23527

Pioneer Rd: Hwy 38 W 0.25 MI FA and FM Previous

$0 320 - Bridges

LCL 70 FMO

SPC STP-HBP FA 280

223

FM-C028()--55-28 Old 20 Paving TPMS ID: 23448

D22: From Manchester ECL to Earlville WCL

FA and FM Previous

$0 367 - PCC Paving

LCL FMO 2,150

SPC FM FA

All Ayes Motion made by Madlom, second by Helmrichs and carried to approve the following resolution for the usage of county right-of-way:

RESOLUTION 2014-015 REQUEST FOR USE OF DELAWARE COUNTY

RIGHT-OF-WAY WHEREAS, The Detour in Petersburg requests to fence off a portion of Delaware County right-of-way on C64 and X47 on March 15, 2014 due to a bike rally, and WHEREAS, The Detour will be responsible for the erection of said fence and removal will be required in the same day, and WHEREAS, traffic will not be blocked on C64 or X47, NOW THEREFORE BE IT RESOLVED that the Delaware County Board of Supervisors has approved the Detour’s request for use of Delaware County right-of-way. The Detour will fence off a portion of Delaware County right-of-way along C64 and X47 directly adjacent to their building. Passed and approved this 10th day of March, 2014. /S/ Jerry Ries, Chair County Board of Supervisors ATTEST: /S/ Carla Becker, County Auditor All Ayes Motion made by Helmrichs, second by Madlom and carried to approve the following resolution of vacation for a portion of 265th Street:

RESOLUTION 2014-011

Vacation of County Easement in Section 25-T88N-R4W, Delaware County, Iowa WHEREAS, the Code of Iowa, section 306.10 gives the Board of Supervisors the power on its own motion to alter or vacate

and close any highway or road under its jurisdiction, and WHEREAS, the Board of Supervisors no longer believes the county needs to maintain the following described easements, and WHEREAS, the Board of Supervisors has held a public hearing following official notice as required by sections 306.11, 306.12,

and 306.13 of the Code of Iowa, and WHEREAS, the Board has heard any and all objections filed per 306.14 of the Code of Iowa. NOW THEREFORE BE IT RESOLVED that the Delaware County Board of Supervisors, in session this 10th day of March,

2014, enters the following order in regard to the aforementioned road vacation proceedings. The Board of Supervisors orders the following described easements to be closed and vacated. Said easement is described as follows: That portion of 265th Street lying between the Westerly right-of-way line of Sherwood Road and the Center of Section Twenty-five (25), Township Eighty-eight North (T88N), Range Four West (R4W) of the Fifth Principal Meridian, Delaware County, Iowa, containing a total of 3.96 acres more or less of public road right-of-way, subject to easements, reservations, restrictions, and rights-of-way of record and not of record and said road is 66.00 feet wide, 33.00 feet on each side of the following described centerline: BEGINNING at the Center of Section Twenty-five (25), Township Eighty-eight North (T88N), Range Four West (R4W) of the Fifth Principal Meridian, Delaware County, Iowa; THENCE East along the South line of the South Half (S1/2) of the Northeast Quarter (NE1/4) of said Section Twenty-five (25) to the Westerly right of way line of Sherwood Road, said Westerly right of way line being 33.00 feet West of the East Quarter (E1/4) corner of said Section Twenty-five (25). The Board of Supervisors finds no additional damages are to be paid to any claimants on this vacation. SO ORDERED THIS 10th DAY OF March, 2014. Board of Supervisors Attest: /S/ Jerry Ries, Chairperson /S/ Carla Becker, Delaware County Auditor /S/ Shirley E. Helmrichs /S/ Jeff Madlom Supervisor Helmrichs affirmed with County Engineer Anthony Bardgett that his department will continue to perform snow removal for the current winter season as well as all maintenance discussed in the work session held on March 4, 2014. All Ayes ENGINEER’S REPORT Secondary Road Crew – The County Crew will begin work on pot holes within the next couple weeks.

NEXT MEETING The next regular session will be held on Monday, March 17, 2014 at 1:15 pm.

PUBLIC COMMENTS None

Motion made by Helmrichs, second by Madlom and carried to adjourn the meeting at 1:46 pm. All Ayes These minutes have been read and approved. /S/ Jerry Ries, Chairperson /S/ Carla K. Becker, County Auditor

224

STATE OF IOWA ) March 17, 2014 ) Ss: Manchester, Iowa DELAWARE COUNTY ) 1:15 pm The Delaware County Board of Supervisors met in regular session this date at 1:15 pm with all members present. Also present were Linda Muller, Milt Kramer, Anthony Bardgett, Carla Becker, and three (3) members of the media. Chairperson Ries called the meeting to order.

Motion made by Helmrichs, second by Madlom and carried to approve the March 10, 2014 work session and regular session minutes. All Ayes

Motion made by Madlom, second by Helmrichs and carried to approve the following employees to attend their respective out-of-county meetings: Mike Ryan to attend the Tama County EMA exercise on March 18, 2014; and Pat Oberbroeckling to attend a Maintenance Foreman Seminar in Ames on March 25, 2014. All Ayes

Motion made by Helmrichs, second by Madlom and carried to approve the following claims for payment: Mediacom LLC Telephone Service 36.68 Windstream Telephone Service 936.49 All Ayes There were no “Applications for Approval of Underground Construction on Delaware County Right-of-Way” submitted for consideration at today’s meeting. Motion made by Madlom, second by Helmrichs and carried to acknowledge receipt of the following manure management plan updates: Shover Farm, James Shover, in Section 15 of Hazel Green Township; Randy Linker, R&D Livestock LLC, in Section 32 of Honey Creek Township; Pork Chop Ranch Inc, Zumbach Finisher, in Section 31 of Union Township; David and Delma Hardin, Hardin Farms, in Section 11 of Delaware Township; Nick Andersen, Elk Ridge 220, in Section 18 of Elk Township; C&K Pork Inc., Kent Keppler, in Section 6 of Richland Township; and Robert E. Beswick in Section 36 of Honey Creek Township. All Ayes Motion made by Helmrichs, second by Madlom and carried to acknowledge receipt of the Clerk of Court’s monthly report and remittance showing that for the month of February 2014 $1,170.37 was collected for various fines and surcharges and deposited into the general funds. All Ayes PRESENTATION AND UPDATE – LIMESTONE BLUFF RC&D Linda Muller, Executive Director of Lime Stone Bluffs RC&D, addressed the Board to thank Delaware County for its continued financial support. She also acknowledged Limestone Bluffs’ assistance in writing the REAP Grant which was recently awarded to the City of Manchester. They are also partnering with the University of Iowa to expand their outreach into the rural community. She will return with more details on these projects within the next few months. DISCUSSION REGARDING POTENTIAL EXPANSION/RENOVATION OF JAIL AND SHERIFF’S DEPARTMENT FACILITIES The Board held a work session with Sheriff John LeClere on March 4, 2014 to discuss where he is at in terms of the proposed expansion and renovation of the jail and Sheriff’s Department facilities. Sheriff LeClere would like to have at least one more meeting of the Ad Hoc Committee. He feels he will have a better idea of how and when to move forward after meeting with the Committee. Supervisor Helmrichs stated that during the work session it became obvious that they would not be ready for an election in May. By pushing off the election until fall they would have more time to disseminate the information to the public. This would also give them the opportunity to utilize the Delaware County Fair to inform the public on the need for this renovation/expansion. “If all goes well”, Supervisor Ries commented, “We could look at an election in the fall.” Motion made by Helmrichs, second by Madlom and carried to approve the Professional Consulting Services Agreement with Cost Advisory Services, Inc. The Consultant shall do, perform, and carry out in a good and professional manner the following services for Fiscal Years 2014, 2015 & 2016:

A. Develop annual central service cost allocation plans based on actual costs incurred for fiscal years 2014, 2015, and 2016 that appropriately document the various costs expended by the County to support and administer general fund and non-general fund programs. Each year’s plan will contain a determination of the allowable costs of providing each supporting service in accordance with the provisions of federal OMB Circular A-87. The types of services to be included in each plan shall include items such as accounting, payroll, purchasing, IT, human resources, and legal services; building occupancy costs; and other central service and centrally budgeted items such as insurance costs, dues and memberships, annual audit fees, etc. The consultant will analyze all required data, perform all cost allocation calculations, and complete each cost allocation plan in the required form to be submitted for federal and/or state approval. County staff involvement will be limited to locating and providing access to accounting, payroll, and other financial records; answering brief questions to enable the Consultant to appropriately interpret County records; and participating in brief interviews of selected personnel to enable the Consultant to determine the appropriate methods of allocating costs across all benefited County programs.

B. Provide copies of each year’s completed cost allocation plan to the County Board of Supervisors (1 bound copy) and the County Auditor (1 bound and 1 clipped copy). The clipped copy of each plan may be used by the County to make additional copies of the plan for other County personnel that may have an interest in the plan.

C. File each completed cost allocation plan with the central office of the Iowa Department of Human Services (DHS) and negotiate the completed cost allocation plans, as necessary, with the appropriate federal and state representatives.

D. Provide guidance to local representatives of DHS in making quarterly Local Administrative Expense (LAE) claims for eligible indirect costs incurred by the County.

E. Monitor the status of LAE claims to ensure that the County receives all recoveries due it. F. If necessary, and as requested by an in-house Targeted Case Management program at the County, compute an indirect

cost rate that will provide the basis for the County to recover its eligible indirect costs that are expended in support of this program.

All Ayes Motion made by Helmrichs, second by Madlom and carried to acknowledge receipt of Michelle Pasker’s resignation from her position as North Fork Township Clerk effective June 1, 2014 with thanks for her service to the county and for fitting it in to her busy schedule. All Ayes Motion made by Madlom, second by Helmrichs and carried to approve the hiring of Linda Bird as a part-time direct care staff member for the Community Life Program at a starting wage of $9.00/hour effective immediately. After successfully completing her 60 day probationary period, the hourly wage will be increased by 25 cents/hour. All Ayes Motion made by Helmrichs, second by Madlom and carried to approve the probationary wage increase for Andy Salow from 90% ($18.68) to 95% ($19.71) of the positional hourly wage ($20.75) for his respective position. The step increase for this Secondary Road employee will be effective March 18, 2014. All Ayes

225

Motion made by Madlom, second by Helmrichs and carried to approve the following resolution regarding an embargo on county roads:

DELAWARE COUNTY RESOLUTION NO. 2014-016

VOLUNTARY ROAD EMBARGO WHEREAS, the spring thaw has a negative impact on the condition of roads in Delaware County; and WHEREAS, the Delaware County Engineer is concerned with the heavy loads applied to the softening gravel roads; and WHEREAS, the Delaware County Engineer recommends a voluntary embargo of the gravel roads throughout the entire county and requests everyone to limit travel until the roads have a chance to heal; and WHEREAS, travel is recommended in the early mornings when the roads are frozen and to also alternate routes when roads become soft; and WHEREAS, the Secondary Roads department will attempt to fix areas that are a danger to the public but will not start “normal” maintenance activities until heavy equipment is able to access the roads on a routine basis, NOW THEREFORE BE IT RESOLVED, this 17th day of March, 2014, that the Delaware County Board of Supervisors approves the recommendation of a voluntary embargo of all gravel roads within the county. Recommended: /S/ Anthony Bardgett, Delaware County Engineer Approved: /S/ Jerry Ries, Chair, Board of Supervisors Attest: /S/ Carla Becker, Delaware County Auditor Supervisor Madlom asked County Engineer Anthony Bardgett if he was planning to meet with heavy haulers again this year since it has been so effective the past few springs. Mr. Bardgett stated that he has been pleased with the increased communication between his department and heavy haulers on county roads. He does not feel it necessary to meet with them again this year but will do so if the Board feels he should. The Board was happy with his response and will leave it up to him. All Ayes ENGINEER’S REPORT Road Closures – The following five (5) roadways are currently closed due to water running across them:

1. 120th Street north of Dundee 2. 130th Avenue north of Midway Road (D34) 3. 170th Avenue south of 255th Street 4. 320th Street south of D47 5. Buchanan/Delaware Road south of 180th Street

NEXT MEETING The next regular session will be held on Monday, March 24, 2014 at 1:15 pm. PUBLIC COMMENTS None

Motion made by Helmrichs, second by Madlom and carried to adjourn the meeting at 1:35 pm. All Ayes These minutes have been read and approved. /S/ Jerry Ries, Chairperson /S/ Carla K. Becker, County Auditor

226

STATE OF IOWA ) March 24, 2014 ) Ss: Manchester, Iowa DELAWARE COUNTY ) 1:15 pm The Delaware County Board of Supervisors met in regular session this date at 1:15 pm with all members present. Also present were Larry Aschbrenner, Roger Helmrichs, Paul Mariman, Lori McKinley, Bridgett Bartlett, Michaela Collins, Anthony Bardgett, Carla Becker, and three (3) members of the media. Chairperson Ries called the meeting to order.

Motion made by Helmrichs, second by Madlom and carried to approve the March 17, 2014 regular session minutes. All Ayes

Motion made by Madlom, second by Helmrichs and carried to approve the following employees to attend their respective out-of-county meetings: Retroactively for Peggy Hildebrand to attend a GIS workshop in Cedar Rapids on March 20, 2014; Monica Heiserman and Anne Rave to attend the Solutions Payroll School in Ames on March 25, 2014; Marsha Mescher to attend EDRS Training in Elkader on March 26, 2014; Daneen Schindler to attend EDRS Training in Ankeny on April 4, 2014; Deborah Peyton to attend a District 6 Recorder’s meeting in Davenport on April 3, 2014; Peggy Petlon to attend Regional Mental Health meetings in Cedar Rapids on March 25th and April 3, 2014; Peggy Petlon to attend Regional Mental Health meetings in Iowa City on March 24th, April 2nd and April 4, 2014; Shirley Helmrichs to attend a BDF meeting in Oelwein on March 25, 2014 and the NE Iowa Agency on Aging meeting in Waterloo on March 26, 2014; Jeff Madlom to attend the State-wide Supervisors’ meeting in Des Moines on March 26, 2014; and Jerry Ries to attend the RC&D meeting in Maquoketa on March 26, 2014. All Ayes

Motion made by Helmrichs, second by Madlom and carried to approve the following claims for payment, including the March 21, 2014 payroll in the amount of $171,627.00 warrant #6862-#7000: Abbe Center for Comm MH Emergency Treatment 4040.27 Accent Laser Services Inc Stationery/Supplies 27.95 Ace Homeworks Postage & Mailing 22.13 Advanced Systems Inc Stationery/Supplies 185.79 Alliant Energy Service 2037.92 Altorfer Inc Repair/Maint-Const Equip 1989.39 Auto Jet Muffler Corp Shop Equipment 212.37 Bard Materials Roads 1995.47 Barnes Distribution Steel-Iron-Related Metals 192.71 Barron Motor Supply Minor Mv Parts & Access 677.33 Carla K Becker Employee Mileage/Subs 16.42 R Ried Boom MD Medical & Health Services 75.00 Boubin Tire Co Minor Mv Parts & Access 659.24 Brad J Burger Employee Mileage/Subs 110.77 Co Case Management Education & Training 30.00 Cedar Cross Overhead Door Buildings 176.00 ChemRight Laboratories Inc Engineering Services 960.00 City Laundering Co Custodial Supplies 256.30 Crescent Electric Supply Co Electrical Accessories 246.24 D&S Portables Inc Custodial Supplies 244.00 Debra Kintzle Cleaning Buildings-Repair/Maint 200.00 Delaware Co Fair Society Education & Training 220.00 Del Co Public Health Refunds/Reimburse 30869.61 Delaware Co Sheriff Transportation 86.54 Delhi Lumber Buildings 37.44 Demmer Oil Company Fuels 3467.00 Don & Walt LLC Repair/Maint-Misc Equip 96.96 Dons Truck Sales Inc Construction & Maint 1046.15 Dyersville Equipment Co Construction & Maint 5449.00 Edgewood Oil Co Lubricants 2404.00 Jody Elgin Custodial Supplies 200.00 Tina Elgin Custodial 500.00 Flor-Dri Supply Co Inc Cover Aggregate & Sand 6711.04 Glanz Landing Education & Training 191.40 Garlyn R Glanz Postage & Mailing 8.84 Goodwill Industries of NE IA Supported Comm Living 164.80 Group Services Inc Employee Group 10380.88 Thomas Hanson Legal Services 300.00 Harrison Truck Centers Construction & Maint 1070.94 Hausers Water Systems Inc Water Use & Sewer 82.92 Henderson Products Minor Mv Parts & Access 3692.47 Hillcrest Comm MH Outpatient 87.00 Hillcrest Family Services RCF 1773.52 Hopkinton Municipal Utilities Utilities 500.00 Iowa Chapter of APCO Education & Training 150.00 Iowa DOT Minor Mv Parts & Access 46.10 IA Dept of Nat Resources Licensing 10.00 IA Ntnl Emergency Number Education & Training 200.00 IA Prison Industries Roads 3503.50 Iowa Technologies Inc Data Processing 112.50 IOWWA Engineering Services 150.00 ISAC Education & Training 140.00 Melanie A Jencks Employee Mileage/Subs 1086.98 John Deere Financial Steel-Iron-Related Metals 487.19 Johnson Co Med Examiner Medical & Health Services 315.83 Keltek Inc Repair/Maint- Vehicle 278.00

Lahr Repair Inc Repair/Maint-Const Equip 2096.79 Leader Publications Board Proceedings 873.28 Lechtenberg Janitorial Custodial Supplies 381.95 Lenzs Collision Center Repair/Maint- Vehicle 875.00 Jill Lewis Buildings-Repair/Maint 150.00 Lifetime Chiropractic Miscellaneous 66.60 Little Falls Machine Inc Construction & Maint 1492.46 Manchester Press Publications 604.30 Maquoketa Valley REC Electrical Power 1488.68 Marco Repair/Maint-Misc Equip 65.98 Marla's Screen Prints Typing/Printing/Binding 107.50 Matt Parrott & Sons Stationery/Supplies 59.03 McDowell Truck/Auto Repair Buildings-Repair/Maint 3514.69 Rita McGrane Supervised Living 400.00 Midwest Wheel Construction & Maint 952.42 Clayton D Miller Fuels 241.62 Jenny R Montgomery Miscellaneous 13.00 NE IA Telephone Maint-Off Equip 20.00 NE-IA Industrial Fastener Minor Equip & Hand Tools 127.98 Office Express Stationery/Supplies 301.20 Palmer Hardware Repair/Maint-Misc Equip 878.01 Penn Center Inc RCF 12328.16 Deborah L Peyton Stationery/Supplies 248.51 Prairie Inet Data Processing Supplies 142.31 Radio Communications Radio & Communications 830.00 Radloff Sales Co Motor Vehicle 3550.00 Rite Price Office Supply Supplies 199.84 Michael K Ryan Fuels 27.80 S&D Supply Inc Minor Equip & Hand Tools 223.65 Sadler Power Train Inc Construction & Maint 153.70 Safelite Fulfillment Inc Repair/Maint-Const Equip 125.00 Ronald Savago Rent Payments 500.00 Schulte's Self Storage Minor Equip & Hand Tools 550.00 Sign-Up LTD Traffic & St Sign 153.20 Daniel W Small Minor Equip & Hand Tools 279.99 Smittys Construction & Maint 74.16 Solutions Inc Data Processing 3710.33 Standard Auto Parts LLC Custodial Supplies 490.36 Dave Staner Medical & Health Services 89.00 State Hygienic Lab Engineering Services 29.00 The Sunshine Boy Custodial Supplies 40.00 TestAmerica Laboratories Engineering Services 31.50 Thomson Reuters Magazines/Newspaper 557.59 Three Rivers FS Fuels 22414.60 Ubben Building Supply Wood & Lumber 625.00 US Cellular Telephone Services 1795.46 US Postmaster Postage & Mailing 653.00 Vanguard Appraisals Inc Appraisal Services 31875.00 Vantagepoint Overtime & Shift Pay 4970.68 Walmart Community Custodial Supplies 116.45 Warren Co Sheriff’s Office Legal/Court Services 17.00 Norman J Wellman Typing/Printing/Binding 17.00 Blue Cross & Blue Shield Employee Group 8622.59 Sarah M Whittle Miscellaneous 15.42 Windstream Telephone Service 143.83

All Ayes There were no “Applications for Approval of Underground Construction on Delaware County Right-of-Way” submitted for consideration at today’s meeting. Motion made by Madlom, second by Helmrichs and carried to acknowledge receipt of proposed facility expansions for JCS Smith Site 1 in Section 15 of Coffins Grove and Troy Deutmeyer in Section 26 of Colony Township; as well as the following manure management plan updates: Robert Schaul in Section 28 of Coffins Grove Township; Ann Wilson-Grant, DAK Pork LLC, in Section 1 of Hazel Green Township; Ann Wilson-Grant, Wilson Farms, in Section 32 of Delhi Township; Kevin Perrinjaquet, Fettkether Finisher, in Fayette County; Jeff State, P&D, in Section 7 of Honey Creek Township; Agri-Vest, Recker Farm South, in Dubuque County; Mouw Family Investments, Winch Site, in Section 20 of Union Township; and Jim Dolan, Delaware Finisher, in Section 30 of Prairie Township. All Ayes

227

Motion made by Helmrichs, second by Madlom and carried to acknowledge receipt of the Treasurer’s Monthly Banking and investment Report showing that as of March 10, 2014 $15,801,590.85 was collected on behalf of all taxing entities within Delaware County and deposited in various banks across the county. All Ayes PRESENTATION REGARDING AG EXTENSION PROGRAMS WITHIN DELAWARE COUNTY Being that March 23-29 has been proclaimed County Extension and Outreach Week, Roger Helmrichs, Chairperson of the Delaware County Agricultural Extension Council, felt it was a good time to address the Board regarding Extension programs within the county. He first wanted to thank the Board for their support, both directly and indirectly, of the County Extension Office. He then introduced Paul Mariman, Regional Extension Education Director, who spoke regarding the programs offered. Delaware County Extension concentrates its educational efforts in four (4) major areas; Economic Development, Agriculture, Health Sciences and Youth Development. Extension also has over 350 preplanned programs available to them to bring into the community. The Board thanked Mr. Helmrichs and Mr. Mariman for the presentation and stated they were glad to have a local Extension Office in Delaware County. PRESENTATION ON REGIONAL TRANSIT AUTHORITY (RTA) Lori McKinley, Director for Dubuque, Delaware and Jackson Counties, addressed the Board regarding the role of the Regional Transit Authority (RTA) within Delaware County. In FY 2013 RTA provided approximately 170,000 rides so people could access their work, school, shopping, medical appointments and other errands. Nearly 85,000 of these rides were for Delaware County residents with over 80% being for worksite transportation. Bridget Bartlett, RTA Mobility Coordinator, stated that RTA currently has three (3) volunteer drivers for Delaware County but would like to have at least four (4) more from the area. If there is anyone interested they should contact her at 1-563-690-5761 or toll free at 1-800-839-5000. She is in charge of transportation coordination for pickup and return. In order to provide services, RTA asks for at least 24 hour notice. Supervisor Helmrichs noted that RTA is not an on demand cab service and understood the need for the 24 hour notice. She also stated that they provide a valuable service to the residents of Delaware County. Motion made by Madlom, second by Helmrichs and carried to approve the following resolution regarding family farm tax credits:

RESOLUTION 2014-019

BE IT HEREBY RESOLVED by the Delaware County Board of Supervisors that the Applications for Family Farm Credit be approved for all applicants with qualifying parcels for 2013 values payable 2014/15, with the exception of the following:

PARCEL ID# DEEDHOLDER LEGAL DESCRIPTION REASON

080-03-00-008-00 080-03-00-008-10 080-04-00-017-00

Jered L. Althoff 1081 130th Avenue Strawberry Point, IA 52076

PARCEL C PT SW SW 3/90/6; SW SW EX PARCEL C 3/90/6; E ½ SE SE 4/90/6

Sold

255-11-00-004-00 Candace Altorfer 221 Forest Drive S.E. Cedar Rapids, IA 52403

NE 1/4 EX NE SE NE, SE NW 11-88-5 Sold

210-25-00-022-10 415-04-00-001-00

Roman & Margaret Bertling 2600 332nd Ave Worthington, IA 52078

NW NW 25-88-3; N 1/4 NE, N 1/2NE NW 4-87-3

Rents to Non-Family

370-27-00-016-20 Blue Haven Farms Ltd 3208 255th Ave Hopkinton, IA 52237

PARCEL D PT N 1/2 NE 27-87-4 Sold

180-17-00-002-00 Ronald & Linda Clemen 2911 182nd Street Dyersville, IA 52040

S 600' NW NW & E 720' SW NW 17-89-3 Sold

055-14-00-015-00 055-14-00-015-20

April A. Clute 504 Elizabeth Street Earlville, IA 52041

PARCEL D PT SW SE & PT SE SE 14-90-4; PARCEL C PT SW SE & PT SE SE 14-90-4

Sold

055-14-00-015-30 April A. Clute 504 Elizabeth Street Earlville, IA 52041

PARCEL F PT SE SE 14-90-4 Under 10 acres

370-21-00-020-40 Kyle & Kimberly Downs 3149 220th Ave Hopkinton, IA 52237

S ½ NW NE, W ½ 21-87-4 Sold

230-19-00-014-10 240-17-00-009-00 240-18-00-011-10

Arden & Dena Fischer 23036 193rd Ave Manchester, IA 52057

W 1/2 NE EX RR ROW& EX PARCEL F PT NW NE & PT NE NE 19-88-5; S 2/3 A SW SW 17-88-5; S 2/3 S 1/2 SE EX RY & EX PARCEL D PT SW SE & PT SE SE 18-88-5

Renting to Non-Family

080-17-00-027-10 Parker & Mary Fransen 1290 110th Street Strawberry Point, IA 52076

E 1/2 NE & NE SE EX PARCEL A PT NE NE 17-90-6

Sold

090-01-00-013-10 David & Michelle Hoefer 1662 110th Ave Masonville, IA 50654

PARCEL E PT SE ¼ 1-90-6 Sold

020-14-00-011-00 020-23-00-017-00

Alois & Agnes Lansing PO Box 36 New Vienna, IA 52065

W 1/2 SE, S 26 AC. W 38 AC. E 1/2 NE, S 1/2 SW NE 14-90-3; W 1/2 NE N OF ROAD 23-90-3

Sold

360-12-00-007-10 360-12-00-007-20

Miles McDonald 2950 212th Avenue Delhi, IA 52223

PT PARCEL 2013-48 PT E 1/2 NW 12-87-5; PT PARCEL 2013-48 PT W 3/4 W 1/2 NE 12-87-5

Sold

055-14-00-002-00 050-11-00-010-00

McGuire Farms, Inc. 2653 Jordan’s Grove Road Marion, IA 52302

S of Road N ½ NW 14-90-4; S of Road SW SW 11-90-4

Sold

110-28-00-025-00 110-33-00-023-00

Susan Louise Miller 617 Tanglewood Dr Manchester, IA 52057

SE 1/4, S 1/2 SW SE NE, N ½ S 1/2 SE NE, E 2 1/4 AC S ½ SE SE NE 28-89-6; N OF RY N 1/2 NE 33-89-6

Sold

020-17-00-016-00 020-17-00-009-10

Martin & Bonnie Schwietert 2896 Rainbow Road Colesburg, IA 52035

SW NE 17-90-3; W 1/2 SW EX W 70' N 576' NW SW 17-90-3

Sold

410-24-99-013-00 Margaret Ann Sheppard 2868 190th Ave Manchester, IA 52057

NE NW SW LYING E. OF ROAD 24-87-4 Sold

228

255-02-00-028-10 255-02-00-028-20

Betty J. Sutton 313 Elkader St., #A101 Strawberry Point, IA 52076

E ½ NE EX S 165’ 2-88-5; PARCEL A PT SE NE 2-88-5

Sold

250-13-00-019-10 C. Richard Sutton 2080 221st Street Manchester, IA 52057

N 1/2 SE EX PARCEL A SE SE EX RD, E 25 AC NE SW 13-88-5

Sold

035-15-00-009-00

Alvin L & Sarah A Tibbott 1288 252nd Ave Greeley, IA 52050

S 1/2 SE, SE SW 15-90-4 Sold

370-31-00-016-00 370-32-00-002-00

Donald J. Weber 3220 255th Ave Hopkinton, IA 52237

E ½ NW NE & NE NE 31-87-4; NW NW 32-87-4

Sold

010-25-00-002-00 010-25-00-002-10 010-25-00-002-20 010-25-00-005-00

Joan E. Wedewer 3343 145th Street New Vienna, IA 52065

NE NW EX BEG AT NE CORNER, W 215', S 230',SE'LY, N 340' TO POB 25-90-3; E 40' SE NW 25-90-3; PT NE NW BEG AT NE CORNER, W 215', S 230', SE'LY,N 340'TO POB 25-90-3; SE NW EX E 40', NE SW, SW NE, PT N 1/2 SE AS DESC B 81 P 99 25-90-3

Sold

160-28-00-013-00 Lyle & Linda Mensen 2030 245th Ave Earlville, IA 52041

NE ¼ 28-89-4 Renting to Non-Family

200-29-00-011-50 200-30-00-013-20

Donald & Joann Knipper 3025 265th St Hopkinton, IA 52237

PARCEL A PT SW SW 29-88-3; PARCEL C PT SE SE 30-88-3

Under 10 Acres

410-24-99-025-10 Judith Ann Tucker 628 Walnut St SE Hopkinton, IA 52237

PARCEL E PT NE ¼ 24-87-4 Under 10 Acres

430-25-00-001-00 Mark & Diane Welter 3150 Willow Rd Hopkinton, IA 52237

PARCEL 2013-24 PT NE NW 25-87-3

Under 10 Acres

Dated this 24th day of March, 2014 /S/ Jerry Ries, Chairperson Attest: /S/ Carla K. Becker, Auditor All Ayes Motion made by Helmrichs, second by Madlom and carried to disallow the 2013 homestead credit for Ronald P. Schuman on Parcel #220-35-00-006-20 described as Parcel F being part of the NESW and part of the NWSE of Section 35-T88N-R4W for taxes payable in 2014-15. Mr. Schuman died on February 12, 2013. All Ayes Motion made by Madlom, second by Helmrichs and carried to approve sending a letter of support to the Iowa Department of Natural Resources for the granting of the Phase II DNR permit for the construction of the spillway portion of the dam reconstruction project. Supervisor Helmrichs explained that the DNR sent letters to all residents up stream, downstream and within the Lake District informing them of the pending permit. They have a comment period open until April 10, 2014. Both Supervisors Madlom and Helmrichs feel it is important that the Board support the issuance of the Phase II permit to allow the construction of the two (2) phases to happen simultaneously. All Ayes Motion made by Helmrichs, second by Madlom and carried to approve the following resolution to dispose of inoperable equipment:

RESOLUTION #2014-017 DISPOSAL OF INOPERABLE EQUIPMENT/APPLIANCES

WHEREAS, Delaware County periodically purchases a variety of small equipment and appliances in order to operate on a daily basis; and, WHEREAS, periodically these pieces of equipment/appliances become damaged or cease to function; and, WHEREAS, the county cannot offer this property for sale to the public due to the fact that it is inoperable; and, WHEREAS, it is of benefit to the county to scrap this material at no charge rather than pay a disposal fee with the landfill. NOW THEREFORE BE IT RESOLVED, the following inoperable equipment and appliances were disposed of/scrapped locally at no charge to the county: Computers (17) Lenovo Thinkcentre – S/N LKFRHAL Lenovo Thinkcentre – S/N LKXYH72 Lenovo Thinkcentre – S/N MJ05625 Lenovo Thinkcentre – S/N LKCYFWH Lenovo Thinkcentre – S/N LKFRHTV Lenovo Thinkcentre – S/N LKRDNWL Lenovo Thinkcentre – S/N MJPE462 Lenovo Thinkcentre – S/N MJHFK34 Lenovo 3000 J Series – S/N LX05TMD

Lenovo Tower – S/N LKHBRDP IBM Tower – S/N KCNN92T IBM Tower – S/N KLKDD72 IBM Thinkcentre – S/N KLKDB53 HP Compaq – S/N MXL8420XSB HP Compaq – S/N MXL8420XS9 HP Tower – 469348-001/460880-001 Dell Tower – S/N D3HTZC1

Laptop (1) IBM ThinkPad – S/N 97-057NX Fax Machines (2) HP OfficeJet7310 – S/N SDGOB-0305-02 Sharp Fax Machine – S/N 47104825 Scanners (1) Canon – S/N FBFB58264 Printer (1) IBM Infoprint 1145 – S/N 0152402 IBM Infoprint 1332 – S/N 992HHMH Appliances/Misc Equipment Amana Refrigerator Model DRS2462BL Serial #10051023AA Martin Yale Auto-folder Serial #102414 Dated this 24th day of March, 2014. /S/ Jerry Ries, Chairperson Attest: /S/ Carla K. Becker, Auditor All Ayes

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The next agenda item was added by the Chairperson as a timely addition. Motion made by Madlom, second by Helmrichs and carried to approve the hiring of Laine Weston as a part-time jailer with the Delaware County Sheriff’s Department effective March 17, 2014. Ms. Weston will have a starting wage of $12.87 per hour increasing to $13.59 per hour after successful completion of her six (6) month probationary period. All Ayes Motion made by Helmrichs, second by Madlom and carried to approve the transfer of $71,332.00 from the Rural Services Fund to the Secondary Roads Fund. Per the 13-14 Budget, this will leave $833,510.00 yet to be transferred. All Ayes Motion made by Madlom, second by Helmrichs and carried to approve the following resolution regarding detouring of traffic:

RESOLUTION No. 2014-018 RESOLUTION FOR USE OF DELAWARE COUNTY

ROADS FOR TRAFFIC DETOUR WHEREAS, the City of Edgewood requests to detour traffic on Delaware County roads, from 1:00 p.m. to 3:00 p.m. on June 28, 2014, due to their annual parade, and WHEREAS, the City of Edgewood will provide any and all necessary traffic control devices, all meeting the specifications of the Manual On Uniform Traffic Control Devices, and WHEREAS, the City of Edgewood will provide law enforcement to direct traffic during the parade, NOW THEREFORE BE IT RESOLVED that the Delaware County Board of Supervisors has approved the City of Edgewood’s request for traffic detour: Beginning at 195th Avenue west of Edgewood, then south one mile to 110th Street, then east one mile to county highway C60X (Laser Road), then north into Edgewood terminating at Iowa Highway 3. Passed and approved this 24th day of March, 2014. /S/ Jerry Ries, Chair County Board of Supervisors ATTEST: /S/ Carla Becker, County Auditor All Ayes Motion made by Helmrichs, second by Madlom and carried to approve setting April 21, 2014 at 1:15 pm as the date and time to receive bids for the 2014 Pavement Edgeline Marking Program. The bid will be for 6,816 gallons of white paint and bead spheres to mark 235 miles of pavement edgelines. All Ayes Motion made by Madlom, second by Helmrichs and carried to approve the final plans for the Worthington Road (275th Street) Overlay-Whitetopping Project (#LOST-15(01)--73-28). The project will entail approximately 3.2 miles of 6” concrete overlay from 300th Ave (X47) to the county line. All Ayes Motion made by Helmrichs, second by Madlom and carried to approve the setting April 21, 2014 at 1:15 pm as the date and time to receive bids for the Worthington Road (275th Street) Overlay-Whitetopping Project (#LOST-15(01)--73-28). This will be a Local Option Sales and Services Tax Project. All Ayes ENGINEER’S REPORT Road Closures – The following two (2) roadways are currently still closed:

1. 120th Avenue south of Dundee 2. Buchanan/Delaware Road south of 180th Street

NEXT MEETING The next regular session will be held on Monday, March 31, 2014 at 1:15 pm. PUBLIC COMMENTS Larry Aschbrenner, a resident of the Lake Delhi area, thanked the Board for its letter of support for the Phase II permit issuance and for everything the Board has done to support the rebuilding of the Lake Delhi Dam and spillway. He also wanted to acknowledge the Secondary Roads Department for the good job they did and taking care of the roadways in such a harsh winter. Motion made by Madlom, second by Helmrichs and carried to adjourn the meeting at 1:50 pm. All Ayes These minutes have been read and approved. /S/ Jerry Ries, Chairperson /S/ Carla K. Becker, County Auditor

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STATE OF IOWA ) March 31, 2014 ) Ss: Manchester, Iowa DELAWARE COUNTY ) 1:15 pm The Delaware County Board of Supervisors met in regular session this date at 1:15 pm with all members present. Also present were Joy Jager, Betty Ries, Shelly Schrader, Andrea Schmidt, Norm Wellman, Anthony Bardgett, Carla Becker, and three (3) members of the media. Chairperson Ries called the meeting to order.

Motion made by Helmrichs, second by Madlom and carried to approve the March 24, 2014 regular session minutes. All Ayes

Motion made by Madlom, second by Helmrichs and carried to approve the following employees to attend their respective out-of-county meetings: Retroactively Anthony Bardgett to attend a meeting with the Dubuque County Engineer in Dubuque County; Mike Ryan to attend the IEMA monthly meeting in Polk County on April 4, 2014; and Jeff Madlom and Shirley Helmrichs to attend the ECIA meeting in Dubuque on April 2, 2014 and the Regional Mental Health meeting in Cedar Rapids on April 3, 2014. All Ayes

Motion made by Helmrichs, second by Madlom and carried to approve the following claims for payment: Black Hills Energy Service 1877.08 Mediacom LLC Data Processing 205.90 Three Rivers FS Natural -LP Gas-Fuel Oil 310.80 Verizon Wireless Telephone Services 120.03 Windstream Telephone Service 461.38 Windstream Telephone Service 1626.61 All Ayes There were no “Applications for Approval of Underground Construction on Delaware County Right-of-Way” submitted for consideration at today’s meeting. Motion made by Madlom, second by Helmrichs and carried to acknowledge receipt of the following manure management plan updates: JCS Smith Site 1, Section 15 of Coffins Grove Township; Nick Eike, Eike Hogs, in Section 2 of Hazel Green Township; and Gary Nieman, East Site and West Site, in Section 11 of Prairie Township. All Ayes Motion made by Helmrichs, second by Madlom and carried to approve the following resolution of proclamation:

RESOLUTION No.2014-020

PROCLAMATION OF SEXUAL ASSAULT AWARENESS MONTH

WHEREAS, sexual assault affects women, children and men of all racial, cultural and economic backgrounds; and WHEREAS, in addition to the immediate physical and emotional costs, sexual assault may also have associated consequences of

post-traumatic stress disorder, substance abuse, depression, homelessness, eating disorders and suicide; and WHEREAS, sexual assault can be devastating not only to the survivor, but also for the family and friends of the Survivor; and WHEREAS, since no one person, organization, agency or community can eliminate sexual assault on their own, we must work

together to educate our entire population about what can be done to prevent sexual assault, support victim/survivors and their significant others and support those agencies providing services to victims/survivors.

NOW, THEREFORE BE IT RESOLVED, By the Delaware County Board of Supervisors, on behalf of all staff and citizens of Delaware County, that the Month of April 2014 is hereby proclaimed as:

“SEXUAL ASSAULT AWARENESS MONTH” in Delaware County and encourages all citizens of the county to learn more about the prevention of sexual violence. Passed this 31st day of March, 2014. /S/ Shirley E. Helmrichs /S/ Jeff Madlom Attest: /S/ Carla K. Becker, Auditor All Ayes Motion made by Madlom, second by Helmrichs and carried to approve the request from Garlyn Glanz, Conservation Director, to deposit $1,080.00 into the Conservation Trust Fund (68000). This is the cash rent received from the agland at the Retz Wildlife Area. All Ayes Motion made by Helmrichs, second by Madlom and carried to approve continuing to offer Health Care Plan DHV/CUS – Plus through Wellmark Blue Cross and Blue Shield at the renewal rates quoted earlier this month. All Ayes Motion made by Madlom, second by Helmrichs and carried to approve the probationary wage increase for Wade Feldmann from 90% ($18.68/hour) to 95% ($19.71/hour) of his positional wage ($20.75/hour) effective April 1, 2014. This is the third step increase for Mr. Feldmann. All Ayes Motion made by Helmrichs, second by Madlom and carried to approve the following resolution to set public hearing date and time:

RESOLUTION No. 2014-021 FOR ROAD VACATION

PUBLIC HEARING WHEREAS, the Code of Iowa, section 306.10 gives the Board of Supervisors the power to establish, alter and vacate any road under its jurisdiction, and WHEREAS, the Board of Supervisors no longer believes the county needs to maintain easement or ownership of right of way on the following roads, NOW THEREFORE BE IT RESOLVED that the Delaware County Board of Supervisors has scheduled a Public Hearing to be held at 1:15 P.M. on Monday, April 21, 2014 in the Board of Supervisors Office in the Delaware County Courthouse, Manchester, Iowa to discuss the proposed vacation of county right of way as follows: A portion of the southwesterly right-of-way of Jefferson Road located in the Southwest Quarter (SW1/4) of the Northeast Quarter (NE1/4) of Section Ten (10), Township Eighty-eight North (T88N), Range Five West (R5W) of the fifth principal meridian, Delaware County, Iowa as shown on the plat of right-of-way easement held in the county engineer’s office. And A portion of the northeasterly right-of-way of Jefferson Road located in the Southwest Quarter (SW1/4) of the Northeast Quarter (NE1/4) of Section Ten (10), Township Eighty-eight North (T88N), Range Five West (R5W) of the fifth principal meridian, Delaware County, Iowa as shown on the plat of right-of-way easement held in the county engineer’s office. At said Public Hearing, any person present, and so wishing will be given the opportunity to be heard, for or against, the proposed right of way vacation. Any person so wishing may file a document with the Delaware County Auditor’s Office prior to the time of the hearing, should that person wish the document to be read for them at the time of the hearing. Dated this 31st day of March, 2014 /S/ Shirley E. Helmrichs, Vice-Chairperson County Board of Supervisors ATTEST: /S/ Carla Becker, County Auditor All Ayes

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Motion made by Madlom, second by Helmrichs and carried to approve the following resolution to set public hearing date and time: RESOLUTION No. 2014-022

PUBLIC HEARING WHEREAS, the Code of Iowa, section 331.361 requires the Board of Supervisors to set forth any proposal to dispose of an

interest in real property and publish notice of said proposal, and WHEREAS, Delaware County received the following property by warranty deed dated November 15, 1913 and recorded in

Book 55 L.D., page 249: Commencing at an iron stake filled with concrete North 52 degrees West and 77½ feet distant from a point on North corner

of the Northwest abutment of the bridge across Spring Branch in the Northeast Quarter of Section Ten, Township Eighty-Eight, Range Five West, running North 35 degrees West 223 feet, thence South 55 degrees West 136 feet, thence South 23 degrees 30’ West 33 feet to center of road, thence South along center of road 66 degrees 30’ East, 261 feet, thence North 23 degrees 30’ East 33 feet to point of beginning, and

WHEREAS, it is believed that this property was used as a pit in the construction and maintenance of a county bridge that is no longer there, and

WHEREAS, Delaware County only recently became aware that it possessed fee simple title to this property, and WHEREAS, Delaware County no longer has use for this property in maintaining, establishing, or improving bridges or

county roads, and WHEREAS, the County has been informed by two (2) surveyors that the landmarks used in the above legal description

cannot be located and the parcel described above cannot be recreated, and WHEREAS, this parcel overlaps a property owned by Jayson Fierstine and Sarah Groth and a property owned by Rodney J. Schreck and Marijo Heimann-Schreck, and WHEREAS, Delaware County wishes to relinquish its interest in this property for these reasons,

NOW THEREFORE BE IT RESOLVED that the Delaware County Board of Supervisors has scheduled a Public Hearing to be held at 1:15 P.M. on Monday, April 21, 2014 in the Board of Supervisors’ Office in the Delaware County Courthouse, Manchester, Iowa to discuss the proposed conveyance of the following county property by a quit claim deed to Jayson Fierstine and Sarah Groth and a quit claim deed to Rodney J. Schreck and Marijo Heimann-Schreck pursuant to Iowa Code Sections 306.19 and 306.23:

Commencing at an iron stake filled with concrete North 52 degrees West and 77½ feet distant from a point on North corner of the Northwest abutment of the bridge across Spring Branch in the Northeast Quarter of Section Ten, Township Eighty-Eight, Range Five West, running North 35 degrees West 223 feet, thence South 55 degrees West 136 feet, thence South 23 degrees 30’ West 33 feet to center of road, thence South along center of road 66 degrees 30’ East, 261 feet, thence North 23 degrees 30’ East 33 feet to point of beginning. At said Public Hearing, any person present, and so wishing will be given the opportunity to be heard, for or against, the

proposed conveyance of the above-described property. Any person so wishing may file a document with the Delaware County Auditor’s Office prior to the time of the hearing, should the person wish the document to be read for them at the time of the hearing. Passed this 31st day of March, 2014 /S/ Shirley E. Helmrichs Vice-Chairperson Delaware County Board of Supervisors ATTEST: /S/ Carla Becker, County Auditor All Ayes Supervisor Madlom commended the County Offices for taking the time to help clean up problem areas across the county. ENGINEER’S REPORT Road Closures – All roadways closed by the spring thaw are now open. NEXT MEETING The next regular session will be held on Monday, April 7, 2014 at 1:15 pm. PUBLIC COMMENTS There being no comments from the public, Supervisor Ries addressed his fellow Board members and those in attendance and announced his resignation from office effective immediately. Citing his desire to retire to retirement life he turned in his credit card, gas card and county keys. Supervisor Helmrichs expressed her gratitude for the time and effort he put in over the past few years and his willingness to take on a variety of duties which may have been outside his comfort zone. Supervisor Ries agreed that there was a big learning curve to the position. Supervisor Madlom stated that even though they have not always agreed on issues he will miss having Mr. Ries as a Board member. He has enjoyed the fact that Mr. Ries was not a “yes” person. Anthony Bardgett, County Engineer, extended his sincere appreciation for the opportunity to work alongside Mr. Ries the past few years and wished him well. The next item was added as a timely addition to the agenda. Motion made by Helmrichs, second by Madlom and carried to acknowledge receipt of, with regret, the resignation of Jerry Ries from his position as Supervisor effective March 31, 2014. Since Mr. Ries was serving as Chairperson of the Board for 2014, Vice-chairperson Helmrichs will now assume the role of Chairperson for the remainder of 2014. All Ayes Motion made by Madlom, second by Helmrichs and carried to adjourn the meeting at 1:45 pm. All Ayes These minutes have been read and approved. /S/ Shirley E. Helmrichs, Chairperson /S/ Carla K. Becker, County Auditor

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