Government : Benton County Board of Supervisor meeting minutes, Jan. 13, Jan. 19

January 13, 2016

The Benton County Board of Supervisors met in regular session with Supervisors Frese, Hertle and Wiley present. The meeting was called to order at 1:40 p.m.

The board met with representatives of the Department of Human Services, maintenance, sheriff, and recorder regarding their FY17 budget requests.

Moved by Wiley, seconded by Hertle , to adjourn. All members voting aye thereon. Motion carried.

Don Frese, Chairman

ATTEST: _________________________________

Jill Marlow, Auditor

January 19, 2016

The Benton County Board of Supervisors met in regular session with Supervisors Frese, Hertle and Wiley present. The meeting was called to order at 9:00 a.m.

Moved by Wiley, seconded by Hertle, to approve the minutes of January 12, 2016 and January 13, 2016. All members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Wiley, to appoint Dave Cornell to the Vinton Airport Board of Adjustment. All members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Wiley, to appoint Jim Shutts and Melissa Shutts to the Benton County Historical Preservation Commission. All members voting aye thereon. Motion carried.

Moved by Wiley, seconded by Hertle, to adopt Resolution #16-7. Voting aye were Frese, Hertle, and Wiley. Nays none. Motion carried.

RESOLUTION # 16-7

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, 2016 and January 31, 2017 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 BENTON COUNTYthat the Board of Supervisors hereby adopts this construction evaluation resolution pursuant to Iowa Code section 459.304(3).

Signed this 19th day of January 2016.

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Donald H. Frese, Chairman

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Terry L. Hertle

______________________________________

Todd A. Wiley

ATTEST:

_____________________________________

Jill Marlow, Benton County Auditor

Moved by Wiley, seconded by Hertle, to maintain the current limits on flood insurance for the Governor Sherman building, sheriff’s garage, transportation building, and courthouse. All members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Wiley, to contract with Patrick Riehle for services to prepare documentation for the courthouse computer system and services related to installation of equipment that is not totally specific to the courthouse computer system, i.e. copier/printers. The cost is $50.00 per hour. All members voting aye thereon. Motion carried.

Updates were provided on the Workplace Learning Connection and a request for funding in FY17. An update was also given by the Iowa Valley Resource, Conservation and Development.

Moved by Hertle, seconded by Wiley, to adopt Resolution #16-8. Voting aye were Frese, Hertle, and Wiley. Nays none. Motion carried.

RESOLUTION #16-8

WHEREAS, Benton County is a member county of the Mental Health/Disability Services of the East Central Region (ECR);

WHEREAS, Benton County approved the 28E Agreement for Mental Health/Disability Services of the East Central Region pursuant to Resolution No. 13-83, passed on October 1, 2013;

WHEREAS, section 5.1(g) of that 28E agreement requires member counties to “levy the maximum amount permitted by law for MH/DS services and to contribute from the MH/DS funds so collected toward the ongoing operation of the Region as required by this Agreement as determined by the Board;”

WHEREAS, the Governing Board has now recommended that the language in section 5.1(g) of the 28E agreement be amended as follows: “To levy the maximum amount permitted by law for MH/DS services or an alternative level set by the Governing Board for each fiscal year and to contribute from the MH/DS funds so collected toward the ongoing operation of the Region as required by this Agreement as determined by the Board;”

WHEREAS, the Board of Supervisors believes that this recommended amendment is in the County’s best interests;

NOW, THEREFORE, it is hereby resolved by the Board of Supervisors that Benton County approves the following amendment to section 5.1(g) of the 28E Agreement for Mental Health/Disability Services of the East Central Region recommended by the Governing Board:

“To levy the maximum amount permitted by law for MH/DS services or an alternative level set by the Governing Board for each fiscal year and to contribute from the MH/DS funds so collected toward the ongoing operation of the Region as required by this Agreement as determined by the Board.”

Dated this 19th day of January, 2016.

Benton County Board of Supervisors:

__________________________________

Donald H. Frese, Chairperson

ATTEST:

__________________________________

Jill Marlow, Benton County Auditor

The board met with various departments regarding their FY17 budget requests.

The board was given a review of the annual renewal of the ISAC health insurance plan.

Moved by Wiley, seconded by Hertle, to adopt Resolution #16-9 and enter into a 28E Joint County Project Agreement with Linn County for a roadway culvert east of Atkins on the Benton-Linn Road in Section 24 of Fremont Township. The estimated cost to Benton County is $10,840.09. Voting aye were Frese, Hertle, and Wiley. Nays none. Motion carried.

RESOLUTION #16-9

JOINTCOUNTY PROJECTAGREEMENT

This agreement entered intothis dayof , by and between LinnCounty, Iowa, hereinafter referred to as Linn County, and Benton County, Iowa, hereinafter referred to asBenton County.

WHEREAS, both Linn County and Benton County are a public agency as is defined bySection 28E.2 of the Code of Iowa,and

WHEREAS, Section 28E.3 of the Code of Iowa provides that any power or powers, privilegesor authority exercised or capable of exercise by a public agency of the State of Iowa may be exercisedand enjoyed jointly by a public agency of the State of Iowa having such power or powers,and

WHEREAS, it is proposed, that Linn County plan, design and let for bidding aconstruction project to replace culvert #2194 on Linn-Benton Road,and

WHEREAS, the Linn County and Benton County Board of Supervisors haveinformed themselves as to the proposedimprovement.

IT IS NOW AGREED that Linn County and Benton County enter into an agreement pursuantto Chapter 28E of the Code of Iowa providing for cooperative action pursuant to the proposedculvert replacement project and, said cooperative actions include thefollowing:

1) SCOPE OF WORK - Design, let and replace culvert #2194 as per plans and specificationsproduced by the Linn CountyEngineer.

2) DURATION - This Agreement shall commence on the date that both parties sign this agreementand shall continue thereafter until the final completion of the project and settlement of thefinancial conditions of thisagreement.

3) PURPOSE - The purpose of this Agreement is to accomplish the proposed project as describedherein in accordance with the aforesaid scope of work and in agreement with conditions specified inthis Agreement.

4) ADMINISTRATION – Linn County shall be responsible for the administration of thisproject.

5) Linn County and Benton County agree to save and indemnify and keep harmless, each otheragainst all liabilities, judgments, costs, and expenses which may in any way come against Linn Countyor Benton County or which in any way result from carelessness or neglect of either party or itsagents, employees, or workmen in any respectwhatsoever.

6) Linn County and Benton County agree to indemnify and hold each other, their employees andagents, wholly harmless from any damages, claims, demands, or suits by any person or persons arising outof any acts or omissions by Linn County or Benton County, its agents, servants or employees inthe course of any work done in connection with any of the matters set forth in thisagreement.

7) FINANCING – Linn County shall initially finance the cost of the project. Benton Countyshall reimburse Linn County for 50% of the actual cost of construction plus 3% for Linn Countysurvey design, and inspection services. Linn County shall submit an invoice after construction iscomplete. Payment shall be made within 30 days of receipt of detailedinvoice.

8) TERMINATION:-

a) This Agreement shall be considered binding upon Linn County and Benton County and shallnot be terminated until provisions of paragraph 8b are met after actual work has begun on theproject.

b) This agreement will be terminated upon final acceptance of the work by Linn County andfinal settlement of the financial conditions set forth in paragraph 7thereof.

Executed in triplicate, each of which shall constitute as original, by Benton County onthe ________19th dayof January, 2016 , and by Linn County onthe dayof .

LINN COUNTY, IOWA BENTON COUNTY, IOWA

BOARD OF SUPERVISORS BOARD OF SUPERVISORS

__________________________________ __________________________________

__________________________________ __________________________________

__________________________________ __________________________________

__________________________________

ATTEST:_______________________________

BENTON COUNTY AUDITOR

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ATTEST: ___________________________

LINN COUNTY AUDITOR

Moved by Wiley, seconded by Hertle, to adopt Resolution #16-10. Voting aye were Frese, Hertle and Wiley. Nays none. Motion carried.

RESOLUTION #16-10

WHEREAS, the Benton County Treasurer has reported that three mobile homes have been deemed to have no value by the court pursuant to Iowa Code 562B.27 and Chapters 555B and 648; and

WHEREAS, there are currently tax liens filed against the properties and the treasurer has determined that it is impractical to pursue collection of the total amount of tax due through the tax sale and the personal judgment remedies and has recommended that the board of supervisors abate the tax on these parcels,

IT IS THEREFORE RESOLVED that the delinquent tax, penalty, interest and costs assessed on the below listed parcels and unpaid through the 2014 assessment year, are hereby abated in full pursuant to Iowa Code 445.16. The treasurer is directed to strike the amount due from the county system.

370M12250CKRT71651 - $98.00 in tax and $3.00 penalty

37046979 - $291.00 tax, $21.00 penalty, and $4.00 interest

3704777242453 - $1,036.00, $352.00 penalty, $422.00 interest, and $24.00 costs

Dated this 19th day of January 2016.

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Donald H. Frese, Chairman

____________________________________

Terry L. Hertle

____________________________________

Todd Wiley

ATTEST:

_____________________________________

Jill Marlow, Benton County Auditor

Dana Burmeister spoke to the board about filling a position in her department through promotion of current employees. Burmeister advised that she would not be filling the position(s) until the end of February and the Board advised that a new handbook governing promotions and hiring may be in place at that time.

Moved by Wiley, seconded by Hertle, to recess until 1:15 p.m. All members voting aye thereon. Motion carried at 12:00 p.m.

The board reconvened at 1:15 p.m. with all members present.

The board continued working on the FY17 budget and meeting with various departments regarding their budget requests.

Moved by Wiley, seconded by Hertle, to authorize the auditor to process the invoice from Von Bokern Associates for work done on the employee handbook. All members voting aye thereon. Motion carried.

Gary Bierschenk spoke to the board about a bridge that he believes needs to be replaced.

Moved by Hertle, seconded by Wiley, to adjourn. All members voting aye thereon. Motion carried.

____________________________________

Donald H. Frese, Chairman

ATTEST:_____________________________________

Jill Marlow, Benton County Auditor