Government : Benton County Board of Supervisors Minutes 5/20/14

May 20, 2014

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 Hertle, seconded by Wiley, to approve the minutes of May 13, 2014 and May 15, 2014. All members voting aye thereon. Motion carried.

Moved by Wiley, seconded by Hertle, to amend the minutes of April 29, 2014, to reflect the following correction:

“Moved by Wiley, seconded by Hertle, that the county proceed with sealcoating approximately 1,150 1600 feet of gravel road located along 32nd Avenue and 54th St. Tr. North east of Urbana….”

All members voting aye thereon. Motion carried.

County Conservation Executive Director Matt Purdy met with the board to provide an update on the status of the FEMA projects his department has been working on. The projects are a result of flooding in June of 2013. Purdy reported that he had replaced rock at Wildcat Park in amount of $564.87. The board had previously amended the budget to include the FEMA expenses, but will only appropriate the funds as expenses are incurred. Moved by Wiley, seconded by Hertle, to adopt Resolution #14-30, APPROPRIATION OF FUNDS TO CONSERVATION. Voting aye were Frese, Hertle, and Wiley. Nays none. Motion carried.

RESOLUTION #14-30

APPROPRIATION OF FUNDS TO CONSERVATION

WHEREAS, the Benton County Board of Supervisors amended the FY14 budget on April 22, 2014; and

WHEREAS, the Board amended the conservation budget as a part of said amendment; and

WHEREAS, the amendment to conservation is to be appropriated only as FEMA related expenses are incurred; and

WHEREAS, the conservation department has incurred $564.87 in FEMA related expenses as of this date;

NOW THEREFORE BE IT RESOLVED by the Benton County Board of Supervisors that $564.87 be appropriated to the conservation department’s FY14 budget.

Dated this 20th day of May 2014.

_____________________________________

Donald H. Frese, Chairman

_____________________________________

Terry L. Hertle

______________________________________

Todd A. Wiley

ATTEST:

_____________________________________

Jill Marlow, Benton County Auditor

Purdy spoke to the board about his current budget and that he is attempting to get all of the FEMA related expenses completed but with high water it is difficult to put gravel down. Purdy stated that he will probably be pushing the expenses clear up until the end of the fiscal year. Supervisor Wiley cautioned Purdy that his difficulty in getting the work done prior to the end of the budget year was not due to the supervisors or the conservation department’s budget, as the work could have been completed earlier during the fiscal year.

Supervisor Hertle spoke on behalf of the Historic Preservation Commission about placing a fundraising sign on the courthouse lawn for repairing the courthouse clock. Hertle stated that the Commission would like to erect a sign on the southwest corner of the lawn that depicts a clock face with each minute representing $1000.00 in donations. Hertle spoke about the fundraising and grant writing efforts being undertaken by the Commission. Hertle was hopeful that grant money will be awarded and that donations will continue to come in. Moved by Wiley, seconded by Hertle, to authorize the Benton County Historical Preservation Commission to place a fundraising sign on the courthouse lawn, in a location to be determined by the board of supervisors, and the board reserves the right to remove the sign at any time for any reason or for no reason. All members voting aye thereon. Motion carried.

Moved by Wiley, seconded by Hertle, to accept the resignation of Colette McKenna from the recorder’s office, effective May 9, 2014. All members voting aye thereon. Motion carried.

Moved by Wiley, seconded by Hertle, to approve a Class Liquor License requested by the Watkins Community Athletic Association and a Class B Liquor License requested by Blairstown Sauerkraut Days Beer Tent. All members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Wiley, to direct the auditor to contact the Iowa Department of Human Services regarding the leasing of office space in the Governor Sherman building, with an offer of a three-year lease at $10.00 per square foot per year. All members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Wiley, to approve the hire of Rachel Wehage as a part-time corrections officer in the law enforcement center, effective May 20, 2014, at a training wage of $12.41 per hour. All members voting aye thereon. Motion carried.

Moved by Wiley, seconded by Hertle, to re-appoint Randall Forsyth to the Benton County E911 Board. Said appointment is in accordance with the by-laws of the E911 Board and the appointment is perpetual and is until a replacement is made by the Board of Supervisors. All members voting aye thereon. Motion carried.

Moved by Wiley, seconded by Hertle, to enter into the Petition, Contract, & Waiver re: Sealcoat Improvements on 54th Street and 32nd Avenue. Voting aye were Frese, Hertle, and Wiley. Motion carried.

PETITION, CONTRACT AND WAIVER

THIS AGREEMENT is made and entered into by and between Benton County, Iowa (hereinafter referred to as the “County”), and the undersigned property owners (hereinafter referred to as the “Property Owners”).

WHEREAS, the Property Owners are respectively the owners of the tracts of real estate set opposite their names; and

WHEREAS, the Property Owners desire that the public improvements described as sealcoat improvements to a portion of the secondary road that goes northeast along 54th Street Trail from I-380 to 32d Avenue, then west along 32d Avenue, a total of 1,600 feet (hereinafter referred to as the “Project”) be accomplished; and

WHEREAS, such construction will specifically benefit the respective property of the Property Owners; and

WHEREAS, the County has the power to accomplish the Project and assess a portion of the cost thereof to the Property Owners pursuant to Sections 331.485 and 331.486 of the Code of Iowa, by using the procedures set out in Chapter 384, Division IV of the Code of Iowa; and

WHEREAS, the County proposes to pay a portion of the cost of the Project and to assess a portion of the cost to the Property Owners, in the proposed amounts shown below their signatures to this document;

NOW, THEREFORE, IT IS AGREED AMONG THE PARTIES HERETO AS FOLLOWS:

The Property Owners and the County, by execution of this Agreement, agree and intend that this Agreement shall constitute a written contract and petition as required by Section 384.41 of the Code of Iowa, for the initiation of a plan for a public improvement to be paid in whole or in part by special assessments to be levied against the below listed properties of the Property Owners.

FURTHER, the County, by execution of this Agreement, agrees to proceed as soon as practicable, to take any and all action required by Chapters 331 and 384 of the Code of Iowa, or any and all other actions required by law to be taken in order to complete the Project.

FURTHER, each of the Property Owners, by execution of this Agreement:

Waives notice to property owners by publication and mailing as provided by Section 384.50 of the Code of Iowa (relating to notice of hearing at which the owners of property to be assessed or other interested parties may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the assessment against any lot, or the final adoption of the resolution of necessity).

Waives the right to a hearing on the proposed resolution of necessity as provided for in Section 384.51 of the Code of Iowa.

Consents to the adoption of a preliminary resolution, a plat, schedule and cost estimate, and resolution of necessity by the County for the Project.

Waives any objections to the Project, the boundaries of the district, the costs of the Project, the assessment against any lot, or the final adoption of the resolution of necessity.

Agrees that the amount and proportion of the cost of the construction of the Project, as ascertained and determined by the Board of Supervisors of the County and set forth in the Final Schedule of Assessments to be prepared following completion of the construction of the Project and to be paid by the Property Owners, shall constitute assessments against the respective properties listed below.

Waives the notice to property owners by publication and mailing as provided by Section 384.60 of the Code of Iowa (relating to notice of certification to County Treasurer of final schedule of assessments).

Agrees that said assessments shall be paid by the undersigned Property Owners either in cash without interest within 30 days after the Board of Supervisors has levied the assessments, or in not more than five equal annual installments of principal plus accrued interest at the rate of 5% per annum.

Agrees that this Agreement shall inure to the benefit of and be binding upon the successors and assigns of the Property Owners.

DATED as of the 20th day of May, 2014.

BENTON COUNTY, IOWA

By Chairperson, Board of Supervisors

Attest:

County Auditor

SIGNATURES OF PROPERTY OWNERS DESCRIPTION OF PROPERTY

Parcel ID 83010800

Donald D. Felker

Doris J. Felker

Proposed Assessment: $4,413.75

SIGNATURE OF PROPERTY OWNER DESCRIPTION OF PROPERTY

Parcel ID 83022250

Larvp Land, LLC c/o Myron Lown

Proposed Assessment: $15,006.75

SIGNATURE OF PROPERTY OWNER DESCRIPTION OF PROPERTY

Parcel ID 83022200

Pamela B. Primmer

Proposed Assessment: $8,827.50

The Board had previously accepted the 2013 Timber Ridge Water Supply and Metering Improvement Project as complete on May 13, 2014, pursuant to the Engineer’s Statement of Final Completion and Owner’s Acceptance of Work with the stipulation that the approval of the total cost of the work as set out in Engineer’s Statement was to be clarified. The auditor reported that she spoke with the engineer on the project and was informed that the total contract price included additional materials that were needed, for which no contract change order was filed. The engineer informed the auditor that his firm generally did not submit change orders for additional material. Moved by Wiley, seconded by Hertle, to accept the total cost of the project as set forth in the Engineer’s Statement of Final Completion and Owner’s Acceptance of Work for the 2013 Timber Ridge Water Supply and Metering Improvement Project. All members voting aye thereon. Motion carried.

The time of 10:00 a.m. having arrived and this being the time and date set for a public hearing on the Plans, Specifications, Estimated Cost and Form of Contract for the Courthouse Window Replacement Project, the Chair declared the public hearing open. There was no one present. The notice of the hearing had been published in accordance with law. The estimated cost of the project is $364,350.00 plus a 10% contingency. The costs do not include architect and engineering expenses, lead abatement costs, or other items outside of the specifications. Hearing no comment either for or against the plans, specifications, estimated cost and form of contract, the Chair declared the public hearing closed.

The board then discussed the bids received for the courthouse window replacement project. The engineer has reviewed the bids for compliance with the bid documents and has recommended that the project be awarded to Zephyr Aluminum Products, Inc., the lowest responsive, responsible bidder. Moved by Hertle, seconded by Wiley, to award the Courthouse Window Replacement Project to Zephyr Aluminum Products, Inc. of Dubuque, Iowa, in the amount of $364,350.00. The contract, bond, and insurance are to be presented to the board for approval at a future meeting. All members voting aye thereon. Motion carried.

The board continued working on the property values for insurance purposes.

Nancy Farmer, Melissa Smith and Scott Hansen met with the board regarding the Public Health Preparedness Emergency Response Plan (the Plan). Farmer explained that the Board of Health routinely reviews the Plan and updates it as the needs arise. The Plan provides for emergency response for public health related issues and is coordinated with the Benton County Emergency Management Agency’s (EMA) response plan. The Plan provides for response procedures for disease outbreaks, large fatality incidents, etcetera, and sets forth references to the EMA plan when appropriate to eliminate duplication of services and efforts. Farmer stated that the Board of Health approves the Plan but that the supervisors are also asked to acknowledge the Plan as well. Moved by Wiley, seconded by Hertle, to acknowledge that the Benton County Board of Health has a Public Health

Preparedness Emergency Response Plan that is a National Incident Management System (NIMS) compliant plan. All members voting aye thereon. Motion carried.

County Engineer Myron Parizek requested authority to advertise and hire a part-time clerical employee. Parizek stated that his office had been staffed in the past with two full-time secretaries and that he has been evaluating the need for additional staff over the past several years. Parizek stated that changes have been made in procedures and software programs that have led to more efficiency and that he has determined that a part-time position should be sufficient to meet the needs of the office. Parizek stated that the position will be for approximately twenty to twenty-five hours per week, with exceptions when covering absences and/or vacations. Moved by Wiley, seconded by Hertle, to authorize the engineer to advertise for a part-time clerical position at a wage of $10.50 to $11.00 per hour. All members voting aye thereon. Motion carried.

The engineer spoke to the board about the landfill commission and a proposed service agreement to use secondary roads personnel for the day-to-day operations. The commission will take control and management of the solid waste facility on July 1, 2014, and have proposed to contract with the county to continue to utilize the same employees. The board, engineer, and auditor discussed the various advantages and disadvantages of the proposal, including but not limited to, insurance, benefits, employment related management issues, and labor contracts. The board directed the engineer to speak with the union representative to determine the union’s position on the proposal.

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

_______________________________

Donald H. Frese, Chairman

ATTEST: _________________________________

Jill Marlow, Auditor