Government : Benton County Board of Supervisor minutes 1/13/15

January 13, 2015 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 6, 2015. All members voting aye thereon. Motion carried. Moved by Wiley, seconded by Hertle, to approve checks numbered 213043 through 213267, payroll checks numbered 138044 through 138058, and ACH deposits numbered 229 through 23040, for payment with the exception of check to Benton County Agricultural. All members voting aye thereon. Motion carried. Moved by Hertle, seconded by Wiley, to approve the claim submitted by Tammy Wetjen-Kestersen for decategorization administration services for the month of December 2014, in the amount $2,851.80. All members voting aye thereon. Motion carried. Moved by Hertle, seconded by Wiley, to set February 10, 2015, at 9:15 a.m., as the time and date for a public hearing on a land use change requested by Brad and Linda Anders on a parcel located in the SE1/4 of 6-86-10. All members voting aye thereon. Motion carried. Charmaine Wickwire met with the board regarding the Benton County Volunteer Program (BCVP). Wickwire explained to the board the services provided by the BCVP including, but not limited to, medical transportation, food baskets, blood pressure screenings, and assist with crafts at elementary schools, help with senior dining and provide table favors, provide coupons to military personnel, and provide comfort pillows to cancer patients. Wickwire reviewed the organizations administrative structure and financial budget. Wickwire requested that the county fund the organization in the amount of $25,000 in FY16. Mary Lou Erlacher met with the board regarding the Work Place Learning Connection (WPLC) and the services they provide to Benton County school districts. The WPLC had one hundred job shadow requests in Benton County last year and placed thirty-three utilizing seventeen businesses. WPLC held a career day in Belle Plaine and have three events planned for 105, including mock interviews, career fair, and a pathway speaker. WPLC is requesting funding from the county in FY16 in the amount of $1,304, which is calculated on five cents per capita. Supervisor Wiley provided a brief update on the animal control issues. Wiley reported that he would be meeting with representatives of Friends of the Shelter and the City of Vinton on Monday, January 19, 2015, to gather additional input. Moved by Hertle, seconded by Wiley, to approve the recorder’s quarterly report for the period ending December 31, 2014. All members voting aye thereon. Motion carried. Moved by Wiley, seconded by Hertle, to adopt Resolution #15-4. Voting aye were Frese, Hertle, and Wiley. Nays none. Motion carried. Iowa State Association of County Supervisors Resolution #15-4 WHEREAS, the Iowa Association of County Supervisors recognizes that a high quality transportation system serves as the artery for economic activity and that the condition of the infrastructure in the State of Iowa is a key element for our future economic growth; and WHEREAS, an integral part of the State of Iowa’s Road Use Tax Fund (RUTF) is the fuel tax, which has not been significantly increased since 1989, while maintenance and construction costs have more than doubled during that same timeframe; and WHEREAS, there have been several state-wide studies completed over the past 10 years identifying the requirement to significantly increase the amount of funding for the administration, maintenance and improvements to our state-wide public roadway system, including the 2006 Road Use Tax Fund (RUTF) study, the 2011 Road Use Tax Fund (RUTF) study completed per 2011 Iowa Code Section 307.31, and the 2011 Governor’s Transportation 2020 Citizen Advisory Commission (CAC) created by Governor Branstad; and WHEREAS, the 2008 TIME-21 study documented the fact that under today’s funding structure and highway usage, over 20% of the travel done in Iowa is by out-of-state drivers while only 13% of the state’s road use revenues come from out of state drivers; and WHEREAS, the funding provided by the implementation of the TIME-21 Fund in 2009 is inadequate to meet the critical maintenance and improvements needs for the State of Iowa’s transportation system; and WHEREAS, 95% of Road Use Tax Fund revenues are required by the Iowa Constitution to be spent only on our roadways; and WHEREAS, due to the severe shortage in state funding to meet the critical needs of our roadway system, several Iowa counties have had to resort to issuing millions of dollars of bonds to pay for their most critical maintenance needs, which will have to be paid off through property taxes; and WHEREAS, the 2011 Governor’s Transportation 2020 Citizen Advisory Council report to Governor Branstad and the Iowa Legislature identified the need for at least $215 million per year of increased funding over the next 20 years, in addition to the funding being provided by the TIME-21 revenues, just to meet the most critical needs of our transportation infrastructure; and WHEREAS, the Iowa Good Roads Association, the Iowa County Engineer’s Association, and numerous business related associations throughout Iowa have publically supported the call for increased RUTF funding; NOW THEREFORE BE IT RESOLVED that the Iowa State Association of County Supervisors and the Benton County Board of Supervisors strongly encourages the implementation a long-term, sustainable transportation funding solution to address the critical needs of our infrastructure system. Provide adequate state-wide funding to offset the projected shortfall for our most critical needs of over $215 million annually through an increase of the motor fuel tax revenues. Enable the Iowa Department of Transportation to provide primary highway funds to counties and cities in lieu of federal funds, providing increased efficiencies for state and local governments. Increase the permit fee for oversize/overweight vehicles. New funding should be distributed consistent with the Road Use Tax Fund distribution formula. And, BE IT ALSO RESOLVED that the Iowa State Association of County Supervisors and the Benton County Board of Supervisors support the ongoing evaluation of creative, supplemental solutions to increased RUTF funding. Resolved this 13th day of January, 2015 ____________________________________ Donald H. Frese, Chairman ____________________________________ Terry L. Hertle ____________________________________ Todd Wiley ATTEST: ___________________________________________ Jill Marlow, Benton County Auditor Moved by Wiley, seconded by Hertle, to adopt Resolution #15-5. Voting aye were Frese, Hertle, and Wiley. Nays none. Motion carried. R E S O L U T I O N #15-5 WHEREAS, the Benton County Secondary Roads Department has applied for Fiscal Year (FY) 2015 Living Roadway Trust Funds (LRTF) for a refurbished no-till seed drill, and WHEREAS, the ownership of the no-till seed drill will make the local IRVM program more effective, and WHEREAS, the Iowa DOT has invoiced Benton County Secondary Roads $100.00 for the refurbished no-till seed drill, and WHEREAS, the LRTF will offer the drill and fund $100 to offset the cost incurred, and WHEREAS, the Iowa DOT has prepared a project development agreement, BE IT THEREFORE RESOLVED by the Benton County Board of Supervisors that this project development agreement be approved, and BE IT FURTHUR RESOLVED by the Benton County Board of Supervisors that County Engineer, Myron L Parizek be authorized to sign and execute this project development agreement. Signed this 13th day of January, 2015. _______________________________________ Chairman, Board of Supervisors _______________________________________ _______________________________________ ATTEST: ___________________________________ Benton County Auditor The time of 10:00 a.m. having arrived, the board opened the public hearing on the right-of=-way acquisition for the Bridge Replacement Project BROS-CO06(98) on 75th Street in Florence Township Sections 2 and 11. The following persons were present: Jim Morrison representing the news media, Benton County Engineer Myron Parizek, Assistant Benton County Engineer Ben Vierling, and Scott Hansen. The private parties involved in the acquisition, Kent Groff and Jannel and Eldred Schulte, were not present. Vierling reported that he has been in discussions with Jannel and Eldred Schulte; however he has not been able to meet with or discuss the acquisition with Kent Groff after repeated attempts. The purpose of the acquisition is to allow a bridge replacement project and to straighten the road by eliminating the curve. A box culvert will be designed and installed to serve the drainage in the area. The land acquisition from the Schultes will be less than one-tenth of an acre on the north side of the existing right-of-way and a little over one acre from Groff on the south side of the current right-of-way. Supervisor Frese questioned if the box culvert would be able to handle the water. Engineer Parizek stated that it is designed to handle a four inch rain which is the same as fifty-year flood event and is the standard design used in Benton County. Engineer Parizek advised that his assistant had completed research on land sales in the general area – adding that the acquisition property is not crop ground. The Schulte property is currently pastured and the Groff property is currently timber. Parizek stated that crop ground in the area has been selling for approximately $11,370 an acre but that the County has been using $6,000 has a guideline for non-tillable land, which was from information compiled from property acquisitions on other projects in the county. Vierling added that if the property is in the conservation reserve program then a higher value is assigned. Supervisor Wiley commented that the county will need to be able to defend the amount offered. Engineer Parizek stated that the county would need to purchase 1.06 acres of permanent easement from Groff; however no survey work has been done on the Groff property as Groff has told survey technicians in the past that they do not have authority to survey his property. Parizek reiterated that his department has tried to contact Groff on numerous occasions. Parizek stated that Groff has been contacted by certified mail and Groff has signed for them, but that he has been unable to communicate with him by other means. Vierling stated that Groff’s property is either locked or when unlocked he has gone to Groff’s door and knocked, but that no one will answer. Vierling advised that there were three white pines that would need removed. Supervisor Frese questioned if compensation would be made for the lost trees. Parizek responded that the county would compensate in some manner. Supervisor Hertle questioned if the existing right-of-way would revert back to the adjacent owners. Parizek stated that the existing right-of-way would still be maintained by the county, which is the reason for the minimal purchase from Schulte. Parizek stated that he has sent letters to Groff requesting to sit down and negotiate the purchase of right-of-way. Parizek stated that he will now send an actual offer to Groff and if there is no response that the county can proceed with condemnation. Parizek stated that negotiations are under way with Schulte – adding that the Schultes have no issues with the acquisition of right-of-way. Hearing no further comment, it was moved by Hertle, seconded by Wiley, to close the public hearing. The engineer is to draft a resolution for the board to consider regarding the acquisition by condemnation. 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