Government : Benton County Board of Supervisor minutes 6/16/2015

June 16, 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 request from Vinton Unlimited to use the courthouse lawn on July 23, 2015, for events associated with RAGBRAI. Vinton Unlimited 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.

The assessor’s office spoke to the board regarding an application for a business property tax credit. The applications had been previously certified to the supervisors; however the assessor’s office inadvertently missed an application and did not submit it. Moved by Hertle, seconded by Wiley, to adopt Resolution #15-37, Amending 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 #15-37

AMENDING 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

WHEREAS, the Benton County Board of Supervisors adopted Resolution #15-21 on April 28th, 2015, approving additional business property tax credits presented by the assessor’s office; and

WEHREAS, the assessor has discovered an additional application that he did not present to the board on either date; and

WHEREAS, the assessor has recommended allowance or disallowance based on the classification and/or use of the property of the application,

IT IS THEREFORE RESOLVED that the application on parcel #090-00360 for the 2014 assessment year Business Property Tax Credit filed with the assessor on or before March 15, 2015 is allowed.

Signed this 16th day of June 2015.

_____________________________________

Donald H. Frese, Chairman

_____________________________________

Terry L. Hertle

______________________________________

Todd A. Wiley

ATTEST:

_____________________________________

Jill Marlow, Benton County Auditor

The time of 9:15 .m. having arrived, the board opened the public hearing on a land use change requested by Orland Ronal Fish and Connie A. Fish. Marc Greenlee presented the technical information in accordance with the Benton County Agricultural Land Use Preservation Ordinance. The change in use is for approximately 4 acres located in a part of the NW1/4 of the NW1/4 of Section 23 of Benton Township. The request is to change the classification to a single residential use. A new septic and well would be needed for the residence. Hearing no further 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 4 acres for a residential purpose on a parcel generally described as being located in a Part of the NW ¼ of the NW1/4 of 23-85-9. All members voting aye thereon. Motion carried.

Moved by Wiley, seconded by Hertle, to acknowledge the resignation of Barry Adams as the Benton County Mental Health Advocate effective June 30, 2015. All members voting aye thereon. Motion carried.

The board discussed the position of mental health advocate and issues related to the position being changed to that of a county employee on July 1st. Supervisor Frese advised that he spoke with the county attorney who was willing to put the position under his office. Supervisor Wiley stated that no formal action has been taken by the board to change the position from being a part of Social Services to the County Attorney. Frese stated he would speak with the county attorney about advertising and filling the position.

Social Services Acting Director Carol Zander spoke with the board regarding the amendment to the Mental Health Region 28E Agreement. The board, upon the recommendation of Zander and Supervisor Frese, adopted Resolution #15-29 on May 26, 2015, amending the 28E to include additional language relating to the Health Insurance Portability and Accountability Act (HIPAA). Zander stated that the adoption of the amendment was premature and that changes were being made to the document due to the recommendations of the Johnson County Attorney from one of the other counties in the Region. Moved by Hertle, seconded by

Wiley, to adopt Resolution #15-39, RESCINDING RESOLUTION #15-29. Voting aye were Frese, Hertle, and Wiley. Nays none. Motion carried.

RESOLUTION #15-39

RESCINDING RESOLUTION #15-29

HIPAA CONFIDENTIALITY ADDENDUM TO 28E AGREEMENT

WHEREAS, the Benton County Board of Supervisors adopted Resolution #15-29, HIPAA Confidentiality Addendum to 28E Agreement on May 26, 2015; and

WHEREAS, the Board has been advised that the document adopted on May 26, 2015, is now having the language changed to address concerns raised by a county attorney from another county; and

WHEREAS, it is necessary that Resolution #15-29 be rescinded,

IT IS THEREFORE RESOLVED by the Benton County Board of Supervisors that Resolution #15-29, HIPAA Confidentiality Addendum to 28E Agreement, adopted on May 26, 2015, is hereby rescinded in its entirety.

Dated this 16th day of June 2015.

____________________________________

Donald H. Frese, Chairman

____________________________________

Terry L. Hertle

____________________________________

Todd Wiley

ATTEST:

_____________________________________

Jill Marlow, Benton County Auditor

Zander spoke with the board about changing the entry door to her office. The current door is hollow core and Zander is requesting that it be replaced with a solid core door for security purposes. Zander presented a quote in the amount of $325.00 from McDowell’s to replace the current door. Moved by Hertle, seconded by Wiley, to approve the quote in the amount of $325.00, and to proceed with the replacement of the office entry door at social services. All members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Wiley, to approve the minutes of June 9, 2015. All members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Wiley, to approve the following law enforcement contracts between Benton County and the respective cities listed:

Newhall – 780 hours of coverage - $17,550 annually

Norway – 520 hours of coverage at $11,700 annually

Shellsburg – 260 hours of coverage at $5,850 annually

Walford – 520 hours of coverage at $11,700 annually

Luzerne – 26 hours of coverage at $585 annually

Keystone – 260 hours of coverage at $5850 annually

Garrison – 156 hours of coverage at $3,510 annually

All members voting aye thereon. Motion carried.

The auditor presented a quote from United Business Technologies for required upgrades to change the courthouse phone system from analog to digital. Moved by Wiley, seconded by Hertle, to approve the quote in the amount of $6,140.00, for converting to a digital based phone system. All members voting aye thereon. Motion carried.

Moved by Wiley, seconded by Hertle, to appoint Monica Becker to a 3-year term on the Veterans Affairs Commission. All members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Wiley, to establish the rates for the county employees’ share of the health insurance premium for FY16 as follows:

Union employees:

Secondary Roads (per labor contract):

Single Plan: 30.00 per month Family Plan: $200 per month

Sheriff’s Department (per labor contract):

Single Plan: $35.54 per month Family Plan: $238.23 per month

Non-union employees:

Single Plan: $25.00 per month Family Plan: $185 per month

Retiree:

Single Plan: $710.78 Family Plan: $1,588.23

All members voting aye thereon. Motion carried. The county’s monthly share of the premium for a single plan is $710.78 less the respective amounts above and $1,588.23 for a family plan less the respective amounts above.

Moved by Hertle, seconded by Wiley, to amend the Fireworks Permit issued to Joel Weber/Jim Wilkinson for an event held at 2870 60th Street, Vinton, Iowa, to allow for a rain date of July 5, 2015. All members voting aye thereon. Motion carried.

Moved by Wiley, seconded by Hertle, to adopt Resolution #15-40, Service Area Amendment. Voting aye were Frese, Hertle, and Wiley. Nays none. Motion carried.

RESOLUTION #15-40

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 - $15.00 (fifteen dollars) 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 this16th day of June 2015.

_____________________________________

Donald H. Frese

______________________________________

Terry Hertle

______________________________________

Todd Wiley

ATTEST:

_____________________________________

Jill Marlow, Benton County Auditor

Ron Burgess of Cincinnati Life Insurance spoke to the board regarding a life insurance program that will help some of the county’s employees. Burgess stated that the insurance has is portable, there is no medical exam, is available to all employees actively working at least twenty hours a week and it was a guaranteed issue, provided Burgess was able to visit with the employees as long as I get to visit with the employees. Burgess stated that generally the employer provides a time when employees can meet with him to discuss the program and then a few days later the employees are allowed to visit with Burgess again to sign up. The insurance is through payroll deduction. The board advised that they were not interested in the proposal at this time – adding that they did not want to insert the county into the personal lives of the employees and did not want to sponsor one life insurance company over another.

The board met with County Attorney David Thompson regarding a claim submitted by Thompson. The claim was in the amount of $126.26 and was to reimburse Thompson for the purchase of shirts for his employees. Thompson stated that the board must approve payment of a bill submitted unless the bill is illegal. Thompson then questioned what the board’s legal basis was for denying the claim. Thompson stated that the shirts were for team-building in his office and was disappointed that the board did not contact him last week when the claim was questioned. Thompson stated that the shirts could only be worn while on official office business and only with approval of the county attorney. Thompson reiterated his request for the board’s basis for denial. Supervisor Wiley stated that the board had been pretty consistent about not allowing funds to be used for apparel and added that other offices had been denied and would then see that the board allowed this purchase. The board stated that they questioned the expenditure because it was coming from the Forfeiture Fund. Thompson stated that the purchase of the shirts was a qualified claim from the forfeiture fund, but that he wanted it paid from his collections monies. Supervisor Hertle stated that the board’s policy has been not to pay for apparel items and stated that this was not the first time the board has held a claim pending further information. Assistant County Attorney Nydle question if the board had a written policy regarding the purchase of apparel and Thompson again asked for the legal reason for denial. Hertle responded that the board didn’t want to set a precedent of using tax dollars for clothing purchases. Hertle stated that he didn’t believe the matter to be an emergency and that important that Thompson should be contacted last week while he was out-of-the-office. Thompson stated he was attending a conference and was available by phone. Hertle expressed his dismay over the matter and after re-affirming that the claim would no longer be paid from the forfeiture fund, he then made a motion to approve the claim submitted by David Thompson in the amount of $126.26. Thompson then stated that he was withdrawing the claim for payment and that he would be proud to eat the cost but added that the board had no legal reason to deny the claim. Thompson added that the board should not be concerned about employees purchasing shirts when representing their offices and that he had given Nydle authority to represent the county attorney’s office in a donkey ball game. No further discussion or action was held on the matter.

County Attorney David Thompson requested approval of the hire of Brett Schilling as an assistant county attorney. Schilling would be a part-time assistant, effective July 1, 2015, at a wage of $33.33 per hour. Then go to a full-time position, effective July 13, 2015, at a salary of $65,000 annually. Thompson requested that Schilling be hired pursuant to a contract for the period July 13, 2015, through December 31, 2018. The contract provides in part that Schilling will receive two weeks of paid vacation during the 2015 calendar year and three weeks of paid vacation during each calendar year 2016, 2017, and 2018. Moved by Hertle, seconded by Wiley, to approve the hire of Brett Schilling and to enter into the employment contract presented. All members voting aye thereon. Motion carried.

Don Eells and Brian Parr met with the board regarding the Tall Corn Project. The project is taking place in Vinton and consists of large fiberglass corn statues that have been painted by local artist and sponsored by businesses and individuals being placed around the city. Eells and Parr were requesting that a statue titled “Freedom Isn’t Free” be placed somewhere on the

courthouse square. The statue would be bolted down to a cement pad and there would be no cost to the county. Moved by Wiley, seconded by Hertle, to approve the placement of the statue on the courthouse square, pending a suitable location, with the understanding that the county is not liable for any damages or repairs to the statue and that the county retains sole discretion as to the removal of the statue. All members voting aye thereon. Motion carried. The board met with Eells and Parr later in the meeting and determined that the statue could be placed on the southwest corner of the courthouse square.

Moved by Hertle, seconded by Wiley, to adopt Resolution #15-41, Bridge Embargo. Voting aye were Frese, Hertle, and Wiley. Nays none. Motion carried.

RESOLUTION #15-41

WHEREAS, the structure at this location has been replaced by a new structure and

WHEREAS, the new structure will no longer need a weight restriction,

BE IT THEREFORE RESOLVED by the Benton County Board of Supervisors that the weight restriction previously imposed on this structure be removed. The structure is located as follows:

MO-0750 0.3 mile west of the NE corner of section 31-85N-12W (Monroe Township) on 61st Street/E22

Signed this 16th day of June 2015.

____________________________________

Donald H. Frese, Chairman

____________________________________

Terry L. Hertle

____________________________________

Todd Wiley

ATTEST:

_____________________________________

Jill Marlow, Benton County Auditor

Integrated Vegetation Roadside Manager Ben Bonar gave a presentation to the board about the integrated vegetation roadside management program in Benton County. Bonar reviewed the progress that has been made as well as goals for the future. Bonar stated that program saves money once a planting is established through the elimination of weed control expense. Bonar responded to various questions regarding the program, as well as noxious weed control in the county. Bonar stated that he is developing a program to address the noxious weed problem on private property and explained the procedure to the supervisors. The board supported Bonar’s efforts – stating the property owners know if they have a noxious weed problem and that is not a matter of not knowing, but rather a failure to address it.

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

____________________________________

Donald H. Frese, Chairman

ATTEST:

_____________________________________

Jill Marlow, Benton County Auditor