Benton County Supervisors Meeting Minutes, June 2

June 2, 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 May 26, 2015. All members voting aye thereon. Motion carried.

Moved by Wiley, seconded by Hertle, to authorize the chair to sign the revised EBS Plan Document and Summary Plan, which reflects the clarification that drug co-pays and deductibles do not apply to the out-of-pocket maximums for the health plan. All members voting aye thereon. Motion carried.

The board discussed adding the county attorney’s office to the county computer network. The county attorney would have a virtual server residing on the network. The server would not be able to be accessed by other departments. The board believed that adding the office was appropriate. The board discussed if the third-party management of the county attorney’s equipment would be on a separate contract with ERBs or if it would be added to the county’s current contract. The board determined that adding it to the current contract would be more efficient due to intertwining of the management duties. Moved by Wiley, seconded by Hertle, to add the county attorney’s office to the county computer network and that the attorney’s office be included in the county’s management consultant contract. All members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Wiley, to authorize the chair to sign the excess flood insurance renewal application for the law enforcement center. All members voting aye thereon. Motion carried. The flood insurance is a requirement of FEMA and the amount of coverage is dictated by that agency.

The time of 9:15 .m. having arrived, the board opened the public hearing on a land use change requested by Gary Ollinger. Marc Greenlee presented the technical information in accordance with the Benton County Agricultural Land Use Preservation Ordinance. The change in use is for approximately 1 acre located in section 36 of St. Clair Township. The request is to change the classification to a non-agricultural use for the manufacture and sale of ammunition. There will be no water or septic needed for the proposed use and it will be conducted in an existing building. Hearing no comment, it was moved by Wiley, seconded by Hertle, to approve the request for a land use change from agricultural to non-agricultural on approximately 1 acre for the reloading, manufacture and sale of ammunition on a parcel generally described as being located in Parcel A of the SW1/4 of the NE1/4 of 36-82-11. All members voting aye thereon. Motion carried.

Moved by Wiley, seconded by Hertle, to authorize the chair to sign the certification of suspended taxes pursuant to Iowa Code 427.9 to the Department of Human Services for verification of eligibility. All members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Wiley, to renew the Service Agreement to Participate in the Iowa State Association of Counties HIPAA Program for FY16. All members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Wiley, to enter into a Law Enforcement Contract with the City of Urbana for fiscal year 2016, providing for 130 hours of coverage at an annual cost of $11,700. All members voting aye thereon. Motion carried.

Moved by Wiley, seconded by Hertle, to adopt Resolution #15-31. Voting aye were Frese, Hertle, and Wiley. Nays none. Motion carried.

Resolution #15-31

Benton County Integrated Roadside Vegetation Management Plan

WHEREAS, The Benton County Board of Supervisors support the use of Integrated Roadside Vegetation Management (IRVM) in the right-of-way of the Benton County secondary roads system; and

WHEREAS, The Iowa Department of Transportation requires Integrated Roadside Vegetation Management Plans for county IRVM programs; and

WHEREAS, The Living Roadway Trust Fund (LRTF) requires an updated IRVM Plan for counties seeking funding for its competitive grant program; and

WHEREAS, The Benton County Roadside Manager has drafted an IRVM plan to meet the new guidelines set by the Iowa Department of Transportation and the Iowa Living Roadway Trust Fund.

THEREFORE BE IT RESOLVED, that the Benton County Board of Supervisors support the adoption of the updated Benton County Integrated Roadside Vegetation Management Plan.

ATTEST:

_____________________________ ________________________________

Jill Marlow, Benton County Auditor Don H. Frese, Chairman

________________________________

Terry L. Hertle

________________________________

Todd A. Wiley

Moved by Wiley, seconded by Hertle, to approve the Iowa Department of Transportation (IDOT) Agreement 6-15-HBPS-17 (Federal Aid for County Highway Bridge Program), BROS-CO06(102)—8J-06 for the bridge replacement on 30th Avenue over Bear Creek. All members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Wiley, to approve the Iowa Department of Transportation (IDOT) Agreement 6-15-HBPS-18 (Federal Aid for County Highway Bridge Program), STP-S-CO06(103)—5E-06 for the bridge replacement on E44 over Prairie Creek. All members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Wiley, to adopt Resolution #15-32: 28E Joint County Project Agreement with the City of Walford for the HMA resurfacing south of Walford. Voting aye were Frese, Hertle, and Wiley. Nays none. Motion carried.

RESOLUTION #15-32

28E COUNTY PROJECT AGREEMENT

WHEREAS, both Benton County and the City of Walford are a public agency as is defined by Section 28E.2 of the Code of Iowa, and

WHEREAS, Section 28E.3 of the Code of Iowa provides that any power or powers, privileges or authority exercised or capable of exercise by a public agency of the State of Iowa may be exercised and enjoyed jointly by a public agency of the State of Iowa having such power or powers, and

WHEREAS, it is deemed to be in the best interest of Benton County, the City of Walford, and their respective citizens, that the County and City jointly undertake to provide a construction project within the Corporate Limits of the City of Walford, and

WHEREAS, it is proposed, that Benton County plan, design and let for bidding a construction project to prepare and overlay with Hot Mix Asphalt (HMA) the existing pavement on shared portions of First Street / Benton-Linn Road / County Route W30 from US Highway 151, south to the Iowa-Johnson County Line, and

WHEREAS, the Benton County Board of Supervisors and the Walford City Council have informed themselves as to the proposed improvement.

IT IS NOW AGREED that Benton County and the City of Walford enter into an agreement pursuant to Chapter 28E of the Code of Iowa providing for cooperative action pursuant to the proposed roadway resurfacing project and, said cooperative actions include the following:

1. SCOPE OF WORK – Benton County will design, let and construct improvements to First Street / Benton-Linn Road per plans produced by the Benton County Engineer. Work is to include asphalt overlay, granular shoulders, pavement markings, staking, inspection, and other preparation items to complete the project. The City of Walford will provide manhole risers and utility risers for locations within the project.

2. DURATION – This agreement shall commence on the date that both parties sign this agreement and shall continue thereafter until the final completion of the project and settlement of the financial conditions of this agreement.

3. PURPOSE – The purpose of this agreement is to accomplish the proposed project as described herein in accordance with aforesaid scope of work and in agreement with conditions specified in this agreement.

4. FINANCING – Benton County shall initially finance the cost of the project. The City of Walford shall reimburse Benton County for the actual cost of construction based on proposed plans and attached project estimate for the portion of the project within the corporate limits as they exist at the time the project is complete plus 1.5% for Benton County survey, design, and inspection services. Payment shall be made within 90 days of receipt of detailed invoice.

5. ADMINISTRATION – All engineering services provided before, during and after construction shall be administered by Benton County through its Secondary Roads Department, which shall be responsible for all procedural and substantive matters relating thereto. These services shall be provided by the Benton County Engineer or his authorized representative and shall be in accordance with appropriate standards of the Iowa Department of Transportation.

6. The County and City agree to save and indemnify and keep harmless, each other against all liabilities, judgments, costs, and expenses which may in any way come against either party or which in any way result from carelessness or neglect of either party or its agents, employees, workmen, or subcontractors in any respect whatsoever.

7. The County and City agree to indemnify and hold each other, their employees, agents, workmen, and subcontractors wholly harmless from any damages, claims, demands, or suits by any person or persons arising out of any acts or omissions by either party, its agents, employees, workmen, or subcontractors in the course of any work done in connection with any of the matters set forth in this agreement.

8. TERMINATION: -

a. This agreement shall be considered binding upon both Benton County and the City of Walford and shall not be terminated until provision of paragraph 8b are met after actual work has begun on the project.

b. This agreement will be terminated upon final acceptance of the work and final settlement of the financial conditions set forth in paragraph 7 thereof.

Executed in triplicate, each of which shall constitute as original, by Benton County on the 2nd day of June, 2015 and by the City of Walford on the _____ day of ____________, 2015.

BENTON COUNTY, IOWA CITY OF WALFORD, IOWA

By:_______________________________ By:_______________________________

Chair, Board of Supervisors Mayor

_______________________________

Attest: ____________________________ Attest: ____________________________

Auditor City Clerk

Moved by Wiley, seconded by Hertle, to adopt Resolution #15-33: Joint County Project Agreement with Linn County for the HMA resurfacing south of Walford. Voting aye were Frese, Hertle, and Wiley. Nays none. Motion carried.

RESOLUTION #15-33

JOINT COUNTY

PROJECT AGREEMENT

This agreement entered into this ______ day of __________, by and between Linn County, Iowa, hereinafter referred to as Linn County, and Benton County, Iowa, hereinafter referred to as Benton County.

WHEREAS, both Linn County and Benton County are a public agency as is defined by Section 28E.2 of the Code of Iowa, and

WHEREAS, it is proposed, that Benton County plan, design and let for bidding a construction project to replace bridge #1589 (FHWA #223350) on Linn-Benton Road, and

WHEREAS, the Linn County and Benton County Board of Supervisors have informed themselves as to the proposed improvement.

IT IS NOW AGREED that Linn County and Benton County enter into an agreement pursuant to Chapter 28E of the Code of Iowa providing for cooperative action pursuant to the proposed bridge replacement project and, said cooperative actions include the following:

1) SCOPE OF WORK - Design, let and replace bridge #1589 as per plans and specifications produced by the Benton County Engineer. Participation by Linn County is to include 50% of the substructure and removal cost contracted, and 50% of any associated day labor removal costs.

2) DURATION - This Agreement shall commence on the date that both parties sign this agreement and shall continue thereafter until the final completion of the project and settlement of the financial conditions of this agreement.

3) PURPOSE - The purpose of this Agreement is to accomplish the proposed project as described herein in accordance with the aforesaid scope of work and in agreement with conditions specified in this Agreement.

4) ADMINISTRATION – Benton County shall be responsible for the administration of this project.

5) Linn County and Benton County agree to save and indemnify and keep harmless, each other against all liabilities, judgments, costs, and expenses which may in any way come against Linn County or Benton County or which in any way result from carelessness or neglect of either party or its agents, employees, workmen, or subcontractors in any respect whatsoever.

6) Linn County and Benton County agree to indemnify and hold each other, their employees, agents, workmen, and subcontractors wholly harmless from any damages, claims, demands, or suits by any person or persons arising out of any acts or omissions by Linn County or Benton County, its agents, employees, workmen or subcontractors in the course of any work done in connection with any of the matters set forth in this agreement.

7) FINANCING – Benton County shall initially finance the cost of the project. Linn County shall reimburse Benton County for the actual cost of construction based on proposed plans and invoice supplied by Benton County for the portion of the project as per described in the SCOPE OF WORK (Section 1). Payment shall be made within 30 days of receipt of detailed invoice.

8) TERMINATION: -

a) This Agreement shall be considered binding upon Linn County and Benton County and shall not be terminated until provisions of Section 8b are met after actual work has begun on the project.

b) This agreement will be terminated upon final acceptance of the work by Linn County and final settlement of the financial conditions set forth in Section 7 thereof.

Executed in triplicate, each of which shall constitute as original, by Linn County on the day of , , and by Benton County on the 2nd day of June, 2015.

BENTON COUNTY, IOWA LINN COUNTY, IOWA

BOARD OF SUPERVISORS BOARD OF SUPERVISORS

__________________________________ __________________________________

__________________________________

ATTEST: ATTEST:

_______________________________ __________________________________

BENTON COUNTY AUDITOR LINN COUNTY AUDITOR

Moved by Hertle, seconded by Wiley, to adopt Resolution #15-34: Joint County Project Agreement with Linn County for the bridge replacement south of 51st Street. All members voting aye thereon. Motion carried.

RESOLUTION #15-34

JOINT COUNTY PROJECT AGREEMENT

WHEREAS, both Benton County and the Linn County are a public agency as is defined by Section 28E.2 of the Code of Iowa, and

WHEREAS, it is proposed, that Benton County plan, design and let for bidding a construction project to prepare and overlay with Hot Mix Asphalt (HMA) the existing pavement, shoulder and apply pavement markings on shared portion of Benton-Linn Road, south of Walford, and

WHEREAS, the Benton County Board of Supervisors and the Linn County Board of Supervisors have informed themselves as to the proposed improvement.

IT IS NOW AGREED that Benton County and Linn County enter into an agreement pursuant to Chapter 28E of the Code of Iowa providing for cooperative action pursuant to the proposed roadway construction project and, said cooperative actions include the following:

9. SCOPE OF WORK – Design, let and construct improvements to Benton-Linn Road per plans and specifications produced by the Benton County Engineer. Work is to include asphalt overlay, granular shoulders, pavement markings, staking, inspection, and other preparation items to complete the project.

10. DURATION – This agreement shall commence on the date that both parties sign this agreement and shall continue thereafter until the final completion of the project and settlement of the financial conditions of this agreement.

11. PURPOSE – The purpose of this agreement is to accomplish the proposed project as described herein in accordance with aforesaid scope of work and in agreement with conditions specified in this agreement.

12. FINANCING – Benton County shall initially finance the cost of the project. Linn County shall reimburse Benton County for the actual cost of construction based on proposed plans and attached project estimate for the portion of the project within Linn County outside the City of Walford corporate limits as they exist at the time the project is complete plus 3% for Benton County survey, design, and inspection services. Payment shall be made within 30 days of receipt of detailed invoice.

13. ADMINISTRATION – All engineering services provided before, during and after construction shall be administered by Benton County through its Secondary Roads Department, which shall be responsible for all procedural and substantive matters relating thereto.

14. The Counties agree to save and indemnify and keep harmless, each other against all liabilities, judgments, costs, and expenses which may in any way come against either party or which in any way result from carelessness or neglect of either party or its agents, employees, workmen, or subcontractors in any respect whatsoever.

15. The Counties agree to indemnify and hold each other, their employees, agents, workmen, and subcontractors wholly harmless from any damages, claims, demands, or suits by any person or persons arising out of any acts or omissions by either party, its agents, employees, workmen, or subcontractors in the course of any work done in connection with any of the matters set forth in this agreement.

16. TERMINATION: -

a. This agreement shall be considered binding upon both Counties and shall not be terminated until provision of paragraph 8b are met after actual work has begun on the project.

b. This agreement will be terminated upon final acceptance of the work and final settlement of the financial conditions set forth in paragraph 7 thereof.

Executed in triplicate, each of which shall constitute as original, by Benton County on the 2nd

day of June, 2015 and by Linn County on the ______ day of _______________, 2015.

LINN COUNTY, IOWA BENTON COUNTY, IOWA

BOARD OF SUPERVISORS BOARD OF SUPERVISORS

__________________________________ __________________________________

__________________________________

ATTEST: ATTEST:

_______________________________ __________________________________

LINN COUNTY AUDITOR BENTON COUNTY AUDITOR

Moved by Willey, seconded by Hertle, to approve the utility permit requested by East Central Iowa REC to place utility lines in the county’s right-of-way in Iowa and Kane Townships. All members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Wiley, to amend the utility permit requested by Unite Private Networks to place utility lines in the county’s right-of-way in Polk Township as portions of the lines must be placed underground instead of overhead as originally submitted. All members voting aye thereon. Motion carried.

Moved by Wiley, seconded by Hertle, to sign the final IDOT Contract Construction Progress voucher with Taylor Construction Inc., for projects BRS-CO06(85)—60-06 (in the amount of $13,776.87) and BRS-CO06(87)—60-06 (in the amount of $7,817.92). All members voting aye thereon. Motion carried.

Moved by Hertle , seconded by Wiley, to adopt Resolution #15-35. Voting aye were Frese, Hertle, and Wiley. Nays none. Motion carried.

R E S O L U T I O N #15-35

BE IT RESOLVED by the Benton County Board of Supervisors that the following described Secondary Road be closed for CONSTRUCTION effective from May 29, 2015, through the completion of the project.

From 14th thence east 1.0 mile to 15th Avenue along 61st Street (County Route E22) in Monroe Township.

Signed this 2nd day of June, 2015.

BENTON COUNTY BOARD OF SUPERVISOR’S

_______________________________________

Chairperson

_______________________________________

ATTEST: ______________________________

Auditor

Judy Funk of Heartland Insurance Risk Pool presented the insurance renewal for FY16. Funk reviewed the county’s past loss-control experience as well as the county’s various insurance coverages. Funk advised that the FY16 premiums are estimated at $575,108, which is an increase of .55% from FY15. Additionally, there will be a $36,612 premium credit issued by the Heartland Insurance Risk Pool to Benton County. Moved by Wiley, seconded by Hertle, to approve the Client Confirmation and Exposures and direct the chair to sign the same. All members voting aye thereon. Motion carried.

Client Confirmation of Schedules and Exposures

After careful review of your insurance summary dated May 27, 2015. Benton County agrees with the schedules and exposures. Any updates or changes if applicable are noted or attached.

It is understood this insurance summary provides only a summary of the details; the policies will contain the actual coverage.

We confirm the values, schedules, and other data contained in the insurance summary are from our records and acknowledge it is our responsibility to see that they are maintained accurately.

Moved by Wiley, seconded by Hertle, to bind coverage with Heartland Insurance Risk Pool for FY16 and direct the chair to sign the same. All members voting aye thereon. Motion carried.

Client Authorization to Bind Coverage

After careful consideration of your proposal dated May 27, 2015, Benton County accepts your insurance program subject to the following exceptions/changes: Exceptions: None

It is understood this proposal is only a summary of the details; the policies will contain the actual coverages.

We confirm the values, schedules, and other data contained in the proposal are from our records and acknowledge it is our responsibility to see that they are maintained accurately.

Please provide us with a binder(s) and invoice(s) for the coverages agreed upon at your earliest convenience.

County Attorney David Thompson spoke to the board regarding the compilation of a new county employee handbook. The matter had been discussed at previous meetings. Thompson recommended that the county contract with Renee Von Bokern to review and update the document. Thompson stated that 80% of the policies are discretionary county policies with 20% being non-discretionary. The cost is $3200, which includes one meeting with department heads to a maximum of $5200 if three meetings are necessary. Thompson stated that Von Bokern will act as a facilitator to develop policies and will work to build consensus with the department heads. The total fee includes travel, mileage, copy costs, etc. and the final handbook is to be provided in an electronic copy. It is estimated that the project will take two to four months to complete. Supervisor Wiley advised that he had spoken with Von Bokern and believed that the county could benefit from her services. Moved by Wiley, seconded by Hertle, to contract with Renee Von Bokern to facilitate and update the Benton County Employee Handbook. All members voting aye thereon. Motion carried.

Assistant Benton County Attorney Emily Nydle requested permission to travel by air to a conference in Wichita, Kansas. Moved by Hertle, seconded by Wiley, to grant Nydle’s request for air travel. All members voting aye thereon. Motion carried.

The board discussed the July 1st expiration of the lease between the City of Vinton and the county for the animal shelter. Vinton City Manager Chris Ward was present for the discussion. The facility will continue to be served with electricity, but gas and water are to be shut off and the locks changed. The City of Vinton will clean and winterize the facility. The city is to check into the cost of having city employees mow the property. Supervisor Wiley agreed to have the current sign removed and a sign installed stating that the facility was closed and contact information for animal control issues.

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

Government : Benton County Supervisors Meeting Minutes, June 2

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