Government : Board of Supervisors Minutes May 15

May 19, 2105

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 May 12, 2015, as corrected. All members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Wiley, to set June 16, 2015, at 9:15 a.m., as the time and date for a public hearing on a land use change requested by Orland Ronald and Connie A. Fish on a parcel located in the NE1/4 of the NW1/4 of 23-85-9. All members voting aye thereon. Motion carried.

Moved by Wiley, seconded by Hertle, to approve the use of the courthouse lawn by the Vinton Kiwanis on August 29, 2015, for their 5K run, as well as placing their wagon on a cement area of the courthouse lawn during the week leading up to Boomtown. The Vinton Kiwanis is responsible for enforcing the no smoking law, cleaning up the grounds, and that no vehicles are to be parked on the lawn. All members voting aye thereon. Motion carried.

Marc Greenlee, Land Use Administrator, presented an application for a farm exemption submitted by Charles Overbey in accordance with the Benton County Agricultural Land Use Preservation Ordinance. Greenlee reported that the applicant owns 89 acres with 45 acres in a corn, bean, and hay rotation, which constitutes a farm use as required by the ordinance. The applicant is requesting an exemption to allow for a single-family residence. Moved by Hertle, seconded by Wiley, to approve a farm exemption in accordance with the Benton County Land Use Preservation Ordinance on a parcel located in the NE1/4 of the SW1/4 of Section 36-85-9, for the purposes of constructing a single-family residence. All members voting aye thereon. Motion carried.

Marc Greenlee, Land Use Administrator, presented an application for a farm exemption submitted by Joe and Gloria Hadachek in accordance with the Benton County Agricultural Land Use Preservation Ordinance. Greenlee reported that the applicant owns 40 acres with 22 acres in the Conservation Reserve Program and 10 acres in crop production, which constitutes a farm use as required by the ordinance. The applicant is requesting an exemption to allow for a single-family residence. Moved by Wiley, seconded by Hertle, to approve a farm exemption in accordance with the Benton County Land Use Preservation Ordinance on a parcel located in the NE1/4 of the Nw1/4 of Section 15-85-12, for the purposes of constructing a single-family residence. All members voting aye thereon. Motion carried.

Kay Hanzlik met with the board and requested that the county consider buying out her residence that is located near the Cedar River. Hanzlik stated that her residence has been subject to repeated flooding. Hanzlik purchased the property located in Patten’s Addition on contract eleven years ago and constructed a residence. Since that time the home has been flooded repeatedly and Hanzlik is asking the county to purchase the home from her. Scott Hansen, Emergency Management Coordinator, concurred that the home has been subject to repeated flooding and spoke to the board about the possibility of funds being available to assist with buying the property. The amount of grant funding that may be available would be determined by utilizing 110% of the property value as well as a cost benefit analysis. The grant would require a 20% local match in funding from the county. Benton County would be responsible for demolition and removal of the house and the county would own the property with responsibility for maintenance for perpetuity. Hansen stated that Hanzlik’s request was the first step needed before other options could be explored. Marc Greenlee, Land Use Administrator, explained the history of the development of the area to the board. Greenlee stated that Charles Patten sought a land use change in 1997 on 107 acres for development purposes. Patten then created a residential and recreational subdivision; however, it was understood that the lots located within the flood plain would be used for recreational purposes (no permanent year-round residential lots) utilizing holding tanks for waste (no septic tanks) and sand points for water. Other parts of the subdivision not located within the floodplain would be used for permanent residential purposes. The area that Hanzlik built a residence on was located in the floodplain, but the county did not have a flood plain ordinance at the time or zoning and therefore no regulatory authority. The county adopted a floodplain ordinance in 2008, which now requires the county’s approval, as well as the Department of Natural Resource’s approval, prior to anything be constructed in the floodplain. Supervisor Wiley questioned if the property was located in the floodplain at the time Hanzlik purchased it. Hansen and Greenlee advised that Hanzlik’s property was located in a floodplain prior to and at the time of her purchasing it. Supervisor Hertle expressed concern about setting a precedent and the potential for more buy-out requests. Supervisor Frese agreed that if the county purchased Hanzlik’s property that there was a possibility of more requests. Wiley stated that he might be more supportive of the buy-out if the property had not been in the floodplain when Hanzlik purchased it. Hansen advised that there may be other assistance available for clean-up but not for a total buy-out. Hansen reiterated that this was the first step in the process of obtaining assistance for Hanzlik and that the board needed to decide if they were willing to buy-out Hanzlik before other options could be pursued. The supervisors voiced their sympathy for Hanzlik but continued to be concerned about setting a precedent. Moved by Hertle, seconded by Wiley, to deny the request from Kay Hanzlik to buy out her property located at 5454 22nd Avenue, Lot 96, Mt. Auburn, Iowa. All members voting aye thereon. Motion carried.

The matter of the employee handbook did not come before the board as the county attorney advised he did not have a document ready for presentation.

Moved by Hertle, seconded by Wiley, to approve the immediate payment of a claim to Novak Fencing in the amount of $14,353.50. All members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Wiley, to approve a cigarette permit for Kimm’s Mini-Mart for the period July 1, 2015 through June 30, 2016. All members voting aye thereon. Motion carried.

No action was taken on the appointment of a Kane Township trustee. Supervisor Hertle has been in communication with an individual who is considering the appointment.

Moved by Hertle, seconded by Wiley, to adopt Resolution #15-25, Service Area Budget Amendment. Voting aye were Frese, Hertle, and Wiley. Nays none. Motion carried.

RESOLUTION #15-25

SERVICE AREA BUDGET AMENDMENT

WHEREAS, the Benton County Board of Supervisors adopted the FY2015 budget on March 4, 2014; and

WHEREAS, the Board now desires to amend said budget within a service area to reallocate funds;

NOW, THEREFORE BE IT RESOLVED by the Benton County Board of Supervisors that the FY2015 county budget is hereby amended within the following service areas:

Service Area 1 - $12,000.00 from department 99 (non-departmental), Function 12200 to department 28 (Medical Examiner), Function 11100

IT IS FURTHER RESOLVED that said funds are hereby appropriated on an as-needed basis.

The auditor is directed to make the necessary changes.

Signed this 19th day of May 2015.

_____________________________________

Donald H. Frese

______________________________________

Terry Hertle

______________________________________

Todd Wiley

ATTEST:

_____________________________________

Jill Marlow, Benton County Auditor

Moved by Wiley, seconded by Hertle, to direct the chair to sign the Letter of Understanding for FY15 audit services with EideBailly. All members voting aye thereon. Motion carried.

Moved by Wiley, seconded by Hertle, to sign the EBS (Employee Benefit Services) Plan Document and Summary Plan Description for Partial Self-funded Health Plan for FY16, with clarification that the deductibles and out-of-pocket maximums for drugs do not apply to the health out-of-pocket maximum and deductible. All members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Wiley, to approve the Fireworks Permit requested by Joel Weber for a display at 2870 60th Street, Vinton, Iowa, on July 4, 2015. All members voting aye thereon. Motion carried.

Moved by Wiley, seconded by Hertle, to adopt Resolution #15-26, Amending Resolution #14-45 Approval and Disapproval of Homestead Tax Credits, Military Tax Credits, And Disabled Veteran’s Homestead Tax Credits. Voting aye were Frese, Hertle, and Wiley. Nays none. Motion carried.

RESOLUTION #15-26

AMENDING RESOLUTION #14-45

APPROVAL AND DISAPPROVAL OF HOMESTEAD TAX CREDITS, MILITARY TAX CREDITS, AND DISABLED VETERAN’S HOMESTEAD TAX CREDITS

WHEREAS, Iowa law provides that property owners may apply for certain credits against their property tax; and

WHEREAS, applications for various credits were submitted to the Board of Supervisors for approval or denial on July 8th 2014; and

WHEREAS, the board denied a credit on July 8, 2014, for the Disabled Veteran’s Homestead Credit pursuant to the statutes in effect on that date; and

WHEREAS, the 2015 Iowa Legislature enacted legislation changing the requirements for qualification for the disabled veteran’s homestead credit; and

WHEREAS, said legislation is effective for the 2014 assessment year,

NOW THEREFORE BE IT RESOLVED that Resolution #14-45 adopted on July 8, 2014, is hereby amended by rescinding the denial of the Disabled Veteran’s Homestead Credit on parcel #240-75950 and that the credit is hereby approved on said parcel.

The remainder of Resolution of #14-45 remains in full force and effect.

Signed this 19th day of May 2015.

_____________________________________

Donald H. Frese, Chairman

_____________________________________

Terry L. Hertle

______________________________________

Todd A. Wiley

ATTEST:

_____________________________________

Jill Marlow, Benton County Auditor

Carol Zander updated the board on legislative changes regarding the mental health advocate. Legislation was passed that will make the mental health advocate and employee of the county effective July 1, 2015. Currently the advocate is appointed by the state with the expenses being paid by the county. Zander stated with regionalization of mental health the current number of advocates needed for services may be reduced with one advocate serving multiple counties. The mental health region will reimburse the county for the expenses of the advocate and the region may wish to reduce the number (most advocates are part-time). Zander stated that should the advocates be shared between counties that a 28E Agreement may be needed. Zander sought answers to various questions, including but not limited to, who the advocate would report to in the county structure after July 1st, where the advocate’s place of employment would be or if he/she would work from home, and if the board would be interested in an sharing arrangement. The board discussed the matter in detail and determined that the advocate would continue to be part-time employee with the place of employment located in the Governor Sherman Building. The advocate will be an employee of the social services department. The board also advised that they would be interested in participating in a sharing arrangement with other counties. Zander is to draft a letter for board signature and addressed to the current mental health advocate advising him of the July 1st changes and to direct him to contact the auditor’s office for completion of the proper employment paperwork prior to July 1st.

Moved by Wiley, seconded by Hertle, to approve the purchase of .07 acres of permanent easement in a part of the NW1/4 of 24-82-10 from Terry and Elaine Harrington at a price of $830.33. All members voting aye thereon. Motion carried. The easement is needed for project BROS-CO06(97)—8J-06.

Moved by Hertle, seconded by Wiley, to approve the IDOT Agreement 6-15-HBPS-14 (Highway Bridge Program), BROS-CO06(100)—8J-06 for the bridge replacement on 76th Street over Prairie Creek, located northwest of Blairstown. All members voting aye thereon. Motion carried. The estimated cost is $900,000.00 with 80% being federally funded.

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