Government : Benton County Supervisor Meeting Minutes 5/11/21

May 11, 2021

The Benton County Board of Supervisors met in regular session with Supervisors Seeman, Bierschenk and Primmer present. The meeting was called to order at 9:00 a.m. at the conference room at the Benton County Service Center. Members of the public were provided the zoom access capability to join in during open session and livestream at https://www.youtube.com/bentoncountyiowa. Unless otherwise noted, all actions were approved unanimously. Summarized Resolutions will be available in the Auditor's office and at: www.bentoncountyia.gov ( https://www.youtube.com/bentoncountyiowa)

Bierschenk moved/Primmer seconded: To approve minutes of May 4, 2021. Motion carried.

Bierschenk moved/Primmer seconded: Approve payroll checks numbered 141857 through 141867, ACH deposits numbered 45344 through 45488, claims numbered 238733 through 238866 and vendor checks 238867 through 238873 and handwrite 238874. Motion carried.

Primmer moved/Bierschenk seconded: To approve Resolution #21-32, Approving Final Plat of the Replat of Lots 10, 9 & 4 of Terrace Green Estates First Addition to Benton County, Iowa. Motion carried.

Primmer moved/Bierschenk seconded: To increase medical examiner fees for Jurisdiction Declined (JD) Cases from $35 to $100.00 per case effective immediately, Motion carried.

Primmer moved/Bierschenk seconded: To set land use hearing for Cory Krienert for Tuesday, June 8, 2021 at 9:15 A.M. for a part of Parcel D in SW SW 7-86-12 Motion carried.

Sarah Wagner asked to go into closed session to discuss her wage increase.

Primmer moved/Bierschenk seconded: to enter closed session at 9:06 a.m. pursuant to Iowa Code 21.5(1)i. Motion carried.

Primmer moved/Bierschenk seconded: To exit closed session at 9:15 a.m. Motion carried.

Primmer moved/Bierschenk seconded: To increase Sarah Wagner's wage to $23.00 an hour effective May 10, 2021 and will not be subject to the 3% increase come July 1, 2021. Motion carried.

The time of 9:15 a.m. having arrived, and this being the time and date for a land use hearing for Tatiana Messerole in part of the SE 1/4 SE1/4 of 15-85-10. Messerole was present along with numerous adjoining property owners. Marc Greenlee presented the technical information with the Benton County Agricultural Land Use Preservation Ordinance. Greenlee stressed the stability of land use patterns in the area and felt this new use would alter that. Messerole would like to propose a change in one acre for an AirBNB at her residence. This current location is situated in the flood plain along the Cedar River. It used to be an old cabin site that was removed and this home build in 1988. It has been inundated by flood waters in both 2008 and 2016. The driveway to the residence is privately owned and has shared access through Wendling Quarries. The required notifications were sent to adjacent landowner's and published in the official newspapers. Previous to the meeting, Wendling Quarries property manager John Tuthill had sent a letter with various reasons he hoped the Board would deny the request. The only access to this property is a private road with shared ownership by certain Frog Hollow residents. This roadway is subject to flooding and the only access is through an ingress/egress easement with Wendling Quarries. Tuthill also had safety concerns about the hazards that come with running a quarry, trespassing and illegal parking concerns. The adjoining neighbors also spoke up by sharing previous incidents and concerns they all have had since Messerole has owned the property. Those current residents are familiar with the area, and strangers who come spend a weekend there, are not familiar and liability was a big issue. Supervisor Primmer had asked if Messerole wanted to withdraw her request. Greenlee advised that they needed to approve or deny the application. Messerole stressed it was never her intention to disrupt lives of residents in the area. She asked what she can and can't do without disturbing their neighbors, and if she would be in trouble if she still has family and friends visit, stressing she had the right to see who visits or stays at her place. Primmer felt no one had issues with friends and families, but they do have an issue with the AirBNB. Greenlee added that the current ordinance does not prevent anyone from renting the property on a long-term basis. Primmer adding that he felt a short-term rental would make it almost a commercial use. Hearing no other further comments, the public hearing was closed.

Primmer moved/Bierschenk seconded: To deny the change in land use for Tatiana Messerole to create an AirBNB within an existing residence. Denied due to the fact that the proposed use is not compatible and that it would alter the overall land use pattern of the area. As stated within Article IV, Section 2,2.53 of the Benton County Agricultural Land Preservation and Use Ordinance, the Board could not approve the change in land use because of that fact. All members voting aye, motion carried

Samantha Petersen discussed with the board supporting Ag Preservation regarding Solar energy project. Petersen stated she is not against wind/solar energy when they are properly placed. She is asking that the board uphold the Land Use Ordinance #24 as this project grows. Invenergy is looking at contracting 2,000 acres for solar panels in Benton County. Petersen presented information regarding Solar Energy project, she has had many questions that Invenergy has not been able to answer such as; where do the panels go when they have lived out their live span, do they get recycled, and who is responsible if the panels get damaged in a storm? Petersen presented information in hopes that when the project comes to Benton County that the Board of Supervisors upholds the Land Use Ordinance #24.

Primmer moved/Bierschenk seconded: To approve the recommendation of the Veteran's Affairs Commission to appoint Cara Martin as Veterans' Affairs Director. Salary be set at $45,000.00 and Martin would start May 24, 2021. Motion carried.

Board discussed Veteran's Affairs Commission and gender balance. Board is going to advertise the Commission position to try to equate gender balance on that Commission. Board tabled the decision to be made at a later time.

Ron Tippett, Benton County Sheriff, discussed the City of Atkins Law Enforcement contract with the Board. Tippett went over figures on what it would cost to increase to the 40 hours requested by the City of Atkins. Supervisor Primmer stated he was not in favor of the increase. More discussion was had on the City of Atkins creating their own police department. Tippett stated he will contact the City of Atkins and state the County is not interested in increasing the contract but leaving it at the current 18 hours. No action was taken.

Primmer moved/Bierschenk seconded: To approve Utility permit for USA Communication in Iowa Township. Motion carried.

Bierschenk moved/Primmer seconded: To approve hire of part-time seasonal helper Hannah Timmerman at $13.40 an hour effective May 11, 2021 in the Engineer's office. Motion carried.

Supervisor Seeman questioned on mask requirements and when they can be lifted in County facilities. Primmer stated at the Heartland Insurance Risk Pool meeting he was at, they still recommend mask use but he would like to ask Katie Cox, Director of

Home and Public Health what her opinion is. Supervisors tabled the decision until next week when Katie Cox can come and discuss the options with the board.

Primmer moved/Bierschenk seconded: To approve Resolution #21-33, Enter into a 28E Agreement for Victim Witness Coordinator/Sexual Assault Response Team with Buchanan, Clayton, Delaware and Jones County. Motion carried.

Committee Reports were had on Heartland Insurance Meeting and Conservation Board.

Primmer moved/Bierschenk seconded: To adjourn. Motion carried.

_______________________________

Tracy Seeman, Chairman

ATTEST: _________________________________

Hayley Rippel, Benton County Auditor