Government : Benton County Supervisors Meeting Minutes, April 28

April 28, 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 Hertle, seconded by Wiley, to approve the minutes of April 21, 2015. All members voting aye thereon. Motion carried.

Tammy Wetjen-Kestersen submitted her resignation to the Board of Supervisors as the Decategorization Executive Director, effective June 30, 2015. Wetjen-Kesterson is currently contracted with Benton County to perform the duties of the executive director and reports to the Benton/Iowa Decategorization Board. The county is reimbursed by the State for Wetjen-Kestersen’s annual contract amount. Moved by Wiley, seconded by Hertle, to accept Wetjen-Kestersen’s resignation, effective June 30, 2015. All members voting aye thereon. Motion carried. The board thanked Wetjen-Kestersen for her service and stated that the resignation was accepted with regret.

Wetjen-Kestersen spoke to the board about contracting for a new executive director. The board discussed the pros and cons of hiring an employee versus contracting for the service. Wetjen-Kestersen recommended that the executive director continue to be on a contractual basis. Moved by Wiley, seconded by Hertle, that Benton County continue to provide fiscal agent services and that the board proceed with replacing the executive director for the Benton/Iowa Decategorization Board, with the stipulation that the position is on a contractual basis only. All members voting aye thereon. Motion carried

Moved by Wiley, seconded by Hertle, to adopt Resolution #15-20, RESOLUTION ACCEPTING AND APPROVING THE “MORETZ FIRST ADDITION” FINAL PLAT, BY BENTON COUNTY, IOWA. Voting aye were Frese, Hertle, and Wiley. Nays none. Motion carried.

RESOLUTION NO. 15-20

RESOLUTION ACCEPTING AND APPROVING THE “MORETZ FIRST ADDITION” FINAL PLAT,

BY BENTON COUNTY, IOWA

WHEREAS, A Final Plat of Moretz First Addition to Benton County, Iowa, containing two (2) lots, has been

submitted for approval to the Benton County Board of Supervisors consisting of the following described real estate:

Moretz First Addition is a subdivision of the Southwest Quarter (SW ¼) Southwest Quarter (SW ¼)

Section Thirty-Two (32), Township Eighty-Six (86) North, Range Ten (10) West of the Fifth P. M. EXCEPT The

North 147.58 feet of the East 147.58 feet; AND the West Ten (10) feet of the South Eight Hundred Seventy –Eight

(878) feet of the Southeast Quarter (SE ¼) of the Southwest Quarter (SW ¼) of Section Thirty-Two (32), Township

Eighty-Six (86) North, Range Ten (10) West of the Fifth P. M., EXCEPT that part in Parcel A in the Southeast

Quarter (SE ¼) of the Southwest Quarter (SW ¼) in Section Thirty-Two (32), Township Eighty-Six (86) North,

Range Ten (10) West of the Fifth P. M., per Survey recorded in Book 10 Page 260; EXCEPT Parcel B in the South

One-half (S ½) of the Southwest Quarter (SW ¼) in Section Thirty-Two (32), Township Eighty-Six (86) North,

Range Ten (10) West of the Fifth P. M., per Survey recorded in Book 07, Page 5881.

WHEREAS, after consideration, the same is found to be correct and in accordance with the provisions of the laws

of the State of Iowa and the ordinances of Benton County, Iowa, and

WHEREAS, the Benton County Board of Supervisors find that the Final Plat of Moretz First Addition would be

advantageous to Benton County, Iowa, and

NOW, THEREFORE BE IT RESOLVED by the Benton County Board of Supervisors that said Final Plat of

Moretz First Addition to Benton County, Iowa, will be and the same hereby acknowledged and approved and

accepted on the part of Benton County, Iowa, subject to the following stipulations:

1. Any new private water supply system will be constructed with the approval of the Benton County

Health Department.

2. Any new private on–site sewage treatment system will be constructed with the approval of the Benton

County Health Department

NOW, THEREFORE BE IT FURTHER RESOSLVED, by the Benton County Board of Supervisors that said

board, on April 14, 2015, at the request of Steven & Jodi Moretz, Developers, did grant a variance to Ordinance #61waiving the following items regarding the submission of the “Moretz First Addition” Final Plat:

Article 4, Sections 4.01 through 4.04

Article 5, Sections 5.01 through 5.07

Article 6, Sections 6.01 through 6.03

The Benton County Auditor is hereby authorized and directed to certify a copy of this Resolution to the County

Recorder of Benton County, Iowa, and affix the same to said Final Plat as provided as law.

ADOPTED AND PASSED this 28th day of April 2015.

____________________________________

Donald H. Frese, Chairman

____________________________________

Terry L. Hertle

____________________________________

Todd Wiley

ATTEST:

_____________________________________

Jill Marlow, Benton County Auditor

Supervisor Wiley spoke about the county’s current website. The current site cannot be updated due to outdated software and while the county is in the process of designing a new website, the information on the current site is not accurate and he has received complaints. The option of having the website taken down was discussed as well as having a static message displayed that a new “website was under construction”. Moved by Wiley, seconded by Hertle, to direct the auditor to have the current website taken down. All members voting aye thereon. Motion carried. The board did not act on the additional cost for adding the static page advising that a new website was under construction.

Ben Bonar, Website Committee, spoke to the board about the status of the new website being developed. Bonar stated that the shell of the website is very close to completion; however direction was being sought from the supervisors as to the “employment” section of the site. Bonar stated to add a mechanism for potential employees to submit an application on-line was going to come at an additional cost of approximately $600.00. The board discussed the need for a website that was fairly current with today’s standards and that applicants now submit on-line much of the time. Moved by Wiley, seconded by Hertle, to approve the additional cost to submit on-line employment applications in pdf format. All members voting aye thereon. Motion carried.

Representatives of the Benton County Solid Waste Commission met with the board to update them on the construction of a new cell at the landfill. The commission advised that a bid had been awarded in the amount of $402,642.35, well below the engineer’s estimated project cost. The commission was requesting that the county proceed with borrowing the funds for the construction costs as planned. The possibility of over-runs was discussed and that there was no contingency funding factored into the amount. The board stated that any additional funding would be taken from existing county funds. Moved by Wiley, seconded by Hertle, to direct the auditor to obtain quotes from county banks for a loan in the amount of $402,642.35, with repayment over a three-year period. All members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Wiley, to adopt Resolution #15-21, APPROVAL OF ADDITIONAL BUSINESS PROPERTY TAX CREDITS FOR THE 2014 ASSESSMENT. Voting aye were Frese, Hertle, and Wiley. Nays none. Motion carried.

RESOLUTION #15-21

APPROVAL OF ADDITIONAL BUSINESS PROPERTY TAX CREDITS FOR THE 2014 ASSESSMENT

WHEREAS, Iowa enacted SF295 establishing a business property tax credit; and

WHEREAS, the legislation requires property owners to apply for the credit; and

WHEREAS, the board of supervisors is required to allow or disallow the credit based on the requirements of the legislation; and

WHEREAS, the sign-up period has past and the assessor has provided a list of those applying for said credit; and

WHEREAS, the board approved and disapproved the applications on April 7, 2015; and

WEHREAS, the assessor has discovered seven applications that he did not present to the board on said date; and

WHEREAS, the assessor has recommended allowance or disallowance based on the classification and/or use of the property of these additional seven applications,

IT IS THEREFORE RESOLVED that the seven (7) new applications for the 2014 assessment year Business Property Tax Credit filed with the assessor on or before March 15, 2015 are allowed.

Signed this 28th day of April 2015.

_____________________________________

Donald H. Frese, Chairman

_____________________________________

Terry L. Hertle

______________________________________

Todd A. Wiley

ATTEST:

_____________________________________

Jill Marlow, Benton County Auditor

Moved by Hertle, seconded by Wiley, to adopt Resolution #15-22, DESTRUCTION OF NOXIOUS WEEDS. Voting aye were Frese, Hertle, and Wiley. Nays none. Motion carried.

Resolution #15-22

DESTRUCTION OF NOXIOUS WEEDS

Be It Resolved by the Board of Supervisors of Benton County, Iowa that pursuant to the provisions of Chapter 317, Code of Iowa, it is hereby ordered:

1. That each owner and each person in the possession or control of any lands in Benton County shall cut, burn or otherwise destroy all noxious weeds thereon, as defined in this chapter, at such times in each year and in such manner as shall prevent said weeds from blooming or coming to maturity, and shall keep said lands free from such growth of any other weeds as shall render the streets or highways adjoining said land unsafe for public travel. Noxious weeds shall be cut or otherwise destroyed on or before June 1, 2015 and as often thereafter as is necessary to prevent seed production:

Group 1. Leafy Spurge, Perennial Peppergrass, Sour Dock, Smooth Dock, Sheep Sorrel, and Purple Loosestrife.

Group 2. Canada thistle, Russian Knapweed, Wild Mustard and Buckthorn.

Group 3.European Morning Glory or Field Bindweed, Wild Carrot, Poison Hemlock, Multiflora Rose, Horsenettle, Perennial Sowthistle, Quackgrass, Butterprint, Puncture Vine, Cocklebur, Bull Thistle, Musk Thistle, Tall Thistle, Wild Sunflower, Shattercane and Teasel.

2. That each owner and each person in the possession or control of any lands in Benton County infested with any of the following noxious weeds shall adopt a program of weed destruction described by the Weed Commissioner, which may be expected to destroy and will immediately keep under control such infestations of said noxious weeds.

(a) Primary Noxious Weeds: Quackgrass, Perennial Sowthistle, Canada Thistle, Bull Thistle, Musk Thistle, European Morning Glory or Field Bindweed, Horsenettle, Leafy Spurge, Perennial Peppergrass, Russian Knapweed, Buckthorn, Tall Thistle, Purple Loosestrife, and all other species of thistles belonging in general of Cirsium and Carduus.

(b) Secondary Noxious Weeds: Butterprint, Cocklebur, Wild Mustard, Puncturevine, Teasel, Wild Carrot, Buckthorn Plantain, Sheep Sorrel, Sour Dock, Smooth Dock, Poison Hemlock, Wild Sunflower, Multiflora Rose and Shattercane.

3. That if the owners or persons in possession or control of any land in Benton County fail to comply with the foregoing orders, the Weed Commissioner or his designee shall cause this to be done and the expense of said work, including costs of serving notice and other costs, if any, shall be assessed against the real estate.

4. That the County Engineer is hereby directed to cause notice of the making and entering of the foregoing order by one publication in each of the official newspapers of the County.

Dated this 28th day of April 2015.

______________________________________

Donald H. Frese, Chairman

______________________________________

Terry Hertle

______________________________________

Todd A. Wiley

ATTEST:

_____________________________________

Jill Marlow, Benton County Auditor

The engineer spoke with the board about right-of-way encroachment, and specifically farming of the county’s right-of-way. Supervisor Hertle expressed concern about telling farmers that they could not farm into the ditch; however Engineer Parizek stated that state law prohibits placing hazards in the ditch and also prohibited farming the ditch. Parizek stated that farming the ditch is hazardous and that utility lines are often located in the county’s right-of-way. Hertle suggested that farming of ditches where utility lines are located should not be allowed, but permitting farming of one or two rows past the property lines next to the ditch should be allowed. Supervisor Frese stated that it should be an”all or none” approach - adding that it isn’t fair to tell one farmer he can farm the ditch and the next one that he cannot. The engineer advised that he was not ready for the board to take action at today’s meeting but that he was ultimately seeking the board’s support for enforcement of state law.

Ben Bonar spoke to the board about the creation of a native seed production plot in Benton County. Bonar told the board that the Iowa Department of Natural Resources (DNR) through the Iowa Prairie Resource Center partners with Iowa counties to produce native prairie plant seed. The parties enter into a 28E agreement wherein the county provides the property for the production plot, maintains the plot, and harvests, dries, and stores the seed until cleaned. Bonar stated that all other costs including construction materials, seed dryer and boxes, plants, etc. are provided at no cost to the county. The county can then benefit from getting more seed and a higher diversity seed mix to plant in its roadsides and parks. The board supported the concept and Bonar is to return with the necessary paperwork. The plot will be placed by the Benton County Nature Center.

Gene Mealhow met with the board to discuss sealcoating 62nd Street past his business. Mealhow stated that he has eighteen employees and generates three-five million dollars annually, selling 1.6 million pounds of popcorn product per year. Mealhow anticipates growing his business, Tiny but Mighty Popcorn, to fifteen million pounds per year over the next three to five years. Mealhow stated that amount of traffic, including semis, has increased greatly, not only due to his business but also because of traffic going to Pleasant Creek State Park. Supervisors Frese and Hertle both stated that they had viewed the road prior to the meeting and agreed that the road needed improvement, but did not believe the county should provide a seal coated surface. Hertle and Frese believed the road base should be improved with the surface remaining gravel. Supervisor Wiley commented that many farmers generate semi-traffic and put millions of dollars into the economy and he was not willing to sealcoat the road at the county’s expense. The board directed the engineer to upgrade the road base so that it would hold up to the increased traffic better. The engineer also stated that he would provide Mealhow with contact information for the Department of Natural Resources so that Mealhow could speak with them as well about sealcoating.

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

_______________________________

Don Frese, Chairman

ATTEST: _________________________________

Jill Marlow, Auditor