Government : Benton County Board of Supervisors Minutes, July 14

July14, 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 July 7, 2015. All members voting aye thereon. Motion carried.

Mike Elwick and John Elwick met with the board regarding the property commonly known as the Benton County Animal Shelter. The county ceased using the facility as an animal shelter on July 1st and had considered leasing the facility. The Elwicks wanted the board to be aware of the land use restriction included on the deed issued in 1948 limiting the use of the property to a wildlife refuge. The board acknowledged that they were not aware of the 1948 deed restriction. Mike Elwick questioned if the property was not used as a wildlife refuge if it would have to revert back to the landowner. Supervisor Wiley commented that it was his position that the building and grounds remain until it is determined that the current arrangement with Cedar Valley Humane Society proves to be in the best interest of the county. Wiley stated he did not want the structure demolished and have no option in the future, if needed. Wiley and Hertle both stated that they had no issue with either option posed by Elwick. The board stated that leasing the facility for another use should not be pursued.

Moved by Wiley, seconded by Hertle, to adopt Resolution #15-52. Voting aye were Frese, Hertle, and Wiley. Nays none. Motion carried.

RESOLUTION #15-52

APPOINTMENT OF BRETT SCHILLING

AS ASSISTANT BENTON COUNTY ATTORNEY

Whereas, the Benton County Attorney has requested approval of the appointment of Brett Schilling as an Assistant Benton County Attorney pursuant to Iowa Code 31.903 (1) on June 16, 2015; and

Whereas, the Board approved said appointment on said date; and

Whereas, Schilling has taken the oath of office as required by law,

THEREFORE IT IS RESOLVED that the appointment of Brett Schilling as Assistant Benton County Attorney is hereby formally approved.

Dated this 14th day of July 2015.

.

____________________________________

Donald H. Frese, Chairman

____________________________________

Terry L. Hertle

____________________________________

Todd Wiley

ATTEST:

_____________________________________

Jill Marlow, Benton County Auditor

Moved by Hertle, seconded by Wiley, to approve the recorder’s quarterly report for the period ending June 30, 2015. All members voting aye thereon. Motion carried

Moved by Wiley, seconded by Hertle, to approve the law enforcement agreement between Benton County and the City of Van Horne for FY16. Said agreement provides for 780 hours of coverage at an annual cost of $17,550.00. All members voting aye thereon. Motion carried.

The county attorney requested that Benton County enter into the Iowa County Attorneys Case Management Project 28E Agreement. The project provides for the tracking of cases statewide over a long period of time and also coordinates with law enforcement. It provides the ability to see whenever anyone calls in to report a matter. The county attorney advised that currently there is no cost to the county. Moved by Wiley, seconded by Hertle, to adopt Resolution #15-53, Entering into the Iowa County Attorneys Case Management Project 28E Agreement. Voting aye were Frese, Hertle, and Wiley. Nays none. Motion carried.

RESOLUTION #15-53

IOWA COUNTY ATTORNEYS CASE MANAGEMENT PROJECT

28E AGREEMENT

WHEREAS, the Benton County Attorney has requested that the Board enter into a 28E Agreement to allow his office to participate in the Iowa County Attorneys Case Management Project; and

WHEREAS, participation in the 28E Agreement would provide valuable information to the county attorney and law enforcement; and

WHEREAS, it would be advantageous to Benton County to participate in the 28E Agreement,

NOW THEREFORE BE IT RESOLVED that Benton County enter into the Iowa County Attorneys Case Management Project and the chair is directed to execute said 28E Agreement on behalf of Benton County.

Dated this 14th day of July 2015.

____________________________________

Donald H. Frese, Chairman

____________________________________

Terry L. Hertle

____________________________________

Todd Wiley

ATTEST:

_____________________________________

Jill Marlow, Benton County Auditor

Moved by Hertle, seconded by Wiley, to approve the treasurer’s semi-annual report for the period January 1, 2015 through June 30, 2015. All members voting aye thereon. Motion carried.

The board continued discussion allowing all-terrain vehicles to operate on county secondary roads. The board had been approached previously requesting that the county adopt such an ordinance. Jack Geiger and Steve Henry presented a draft ordinance for the board to consider. Supervisor Hertle advised that he spoke with the sheriff regarding ATV use and the sheriff, as well as his officers, had no real concern with the proposal. Sheriff Forsyth provided the board with additional information regarding the transportation of firearms on ATVs and other pertinent information. Supervisor Hertle stated that he spoke with a Buchanan County supervisor regarding that county’s ordinance and if there had been any problems or issues. Hertle reported that Buchanan County had not had any problems and added that much of the enforcement was done by the local ATV club. The supervisors stated that they had no opposition to the operation of ATVs on the county’s secondary roads and that they would work on drafting an ordinance for consideration.

Steve Cory met with the board to request a variance to the county’s subdivision ordinance. Cory stated that he would like to purchase a strip of property adjacent to his to provide for a field buffer as well as a way to control water drainage around his property. Moved by Wiley, seconded by Hertle, to adopt Resolution #15-54. Voting aye were Frese, Hertle, and Wiley. Nays none. Motion carried.

RESOLUTION #15-54

Waiver of the Benton County Subdivision Ordinance

WHEREAS, Benton County adopted the Benton County Subdivision Ordinance #61; and

WHEREAS, said ordinance prohibits the creation of multiple splits within a 40-acre aliquot part; and

WHEREAS, said ordinance sets forth minimum requirements and improvements for subdivisions created in the unincorporated area of Benton County; and

WHEREAS, a request has been presented to the Board of Supervisors to waive adherence to the ordinance in its entirety on a parcel in 25-85-10 due to hardship,

NOW THEREFORE BE IT RESOLVED by the Benton County Board of Supervisors that the requirements of Ordinance #61 on a new division located in the NE1/4 of the SE1/4 of 25-85-10, are hereby waived in their entirety. Strict adherence to the requirements of the subdivision ordinance would create an undue hardship for the following reason(s):

1. The parcel size is small measuring approximately 256 feet long by 20 feet wide

2. The new parcel will allow the property owner to manage the drainage onto his property due to the topography of the area

IT IS FURTHER RESOLVED that the division of property must still comply with state law.

PASSED and APPROVED this 14th day of July 2015.

____________________________________

Donald H. Frese, Chairman

____________________________________

Terry L. Hertle

____________________________________

Todd Wiley

ATTEST:

_____________________________________

Jill Marlow, Benton County Auditor

The Board conducted an employee evaluation Beverly Baldwin. Baldwin did not request to go into closed session.

Sheriff Forsyth met with the board regarding deputies residing outside of the county and driving their squad cars to and from their residence. Forsyth questioned if the county had a policy regarding this issue or if would be a department policy. The board indicated that the matter would be a departmental policy matter, but stated that the distance outside of the county should be within reason and that a mileage limit should be set instead of a response time, i.e. 5 miles outside of the county versus within a 10 minute response time as the response time could be subjective depending on the driving speed when responding. Supervisor Wiley

stated that he would speak with the county’s insurance carrier to determine if there were issues not being considered by the supervisors.

Moved by Hertle, seconded by Wiley, to approve and direct the chair to sign the 2015 Department of Justice Equitable Sharing Agreement and Certification. All members voting aye thereon. Motion carried.

Moved by Wiley, seconded by Hertle, to approve a utility permit requested by Interstate Power & Light to place utility lines in the county’s right-of-way in Benton Township (South Polk) Section 1. All members voting aye thereon. Motion carried.

Carol Zander presented a revised HIPAA confidentiality addendum to the 28E agreement which formed the Mental Health/Disability Services of the East Central Region. The addendum provides for compliance with the privacy regulations set forth in the Health Insurance Portability and Accountability Act.

Moved by Wiley, seconded by Hertle, to adopt Resolution #15 -55. Voting aye were Frese, Hertle, and Wiley. Nays none. Motion carried.

Resolution #15-55

HIPAA CONFIDENTIALITY ADDENDUM TO 28E AGREEMENT

Come now the Benton County Board of Supervisors (hereinafter the “County Board”) and the Governing Board of the Mental/Health/Disability Services of the East Central Region of Iowa (hereinafter “the Governing Board”) and agree to the terms and conditions of this Addendum as follows, which addendum shall be incorporated by reference into the 28E Agreement between the parties:

1. Benton County is a member county of and the County Board is a signatory to a 28E Agreement for Mental Health/Disability Services of the East Central Region (MH/DS-ECR) (the “Region”).

2. The purpose of the 28E Agreement is to establish an entity to provide local access to mental health and disability services for adults and to engage in any other related activity in which an Iowa 28E organization may lawfully be engaged.

3. Under the 28E agreement, the Chief Executive Officer, the Coordinators of Disability Services and all support staff providing services to the Region will remain employees of the individual counties.

4.. Subject to statutory or regulatory amendments, and with respect to their activities described in this Agreement, each party acknowledges and agrees that it is a "covered entity" under 45 C.F.R. Parts 160 and 164 ("HIP AA"). As such, each party shall comply with all HIPAA and state law requirements relating to the privacy and security of Protected Health information (PHI) as defined by HIPAA.

5. County agrees that County and its employees shall adhere to the Region’s HIPAA privacy and security policies when providing services to the Region as set out in the 28E Agreement between the Region and the County.

6. County agrees that a violation of any federal or state requirement concerning the privacy or security of PHI and/or any privacy or security policy of the Region by any County employee shall result in an appropriate sanction by County against the employee consistent with County’s human resources policies and procedures [and applicable collective bargaining agreements].

7. County shall require all County employees and subcontractors providing services under this Agreement to sign a confidentiality agreement in the form attached hereto as Exhibit 1, incorporated herein.

Benton County Board of Supervisors Governing Board of the Mental Health/Disability Services

Of the East Central Region of Iowa

By: ________________ By __________________

Chairperson Chairperson

Attest: _________________

Auditor

Signed the ____day of _____, 2015 Signed the ____ day of ______, 2015

Exhibit 1

CONFIDENTIALITY STATEMENT

FOR EMPLOYEES WITH ACCESS TO

PROTECTED HEALTH INFORMATION

The undersigned, an employee [subcontractor] of Benton County agrees as follows:

1. As part of my employment duties I have been assigned to perform services for the MH/DS of the East Central Iowa Region (the Region).

2. In performing services for the Region, I agree to comply with all state and federal requirements concerning the privacy and security of Protected Health Information and with the Region’s privacy and security policies.

3. I understand that in the event that I violate any state or federal requirement concerning the privacy and security of the Region’s PHI or the Region’s privacy and security policies, I will be subject to discipline by my employer, Benton County, consistent with County’s human resources policies and procedures [and applicable collective bargaining agreements].

_______________________________________ _____________

Signature Date

_______________________________________

Job Title

Moved by Wiley, seconded by Hertle, to approve the General Assistance quarterly report for the period ending June 30, 2015. All members voting aye thereon. Motion carried.

The board discussed the new Mental Health Advocate position in Benton County. Currently the position is vacant and due to the functions performed, it was the advice of the county attorney that the position be filled immediately on a temporary basis while the advertising and hiring a regular replacement is done. The county attorney discussed the services provided by the Advocate, that it is estimated the position will require fifteen to twenty hours per month, and the salary range for the position. The board discussed the department that the Advocate would be placed in and the potential for conflict of interests.

Moved by Wiley, seconded by Hertle, that the Mental Health Advocate be placed in the office of the County Attorney on a temporary basis pending further consideration. All members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Wiley, that a hiring committee be formed for the purposes of hiring a mental health advocate. Said committee shall consist of the board chairman, the county attorney, and the acting director of social services. All members voting aye thereon. Motion carried.

Moved by Wiley, seconded by Hertle, to hire Bethany Wheaton as a temporary Mental Health Advocate for Benton County, effective this date, at a wage of $17.00 per hour, to perform the duties set forth in the job description. Said position is a part-time temporary position until the hire of a regular part-time mental health advocate can be secured. All members voting aye thereon. Motion carried. Wheaton currently is the mental health advocate for Jones County and Linn County.

The board continued with employee evaluations. Carol Zander requested that the board enter into closed session pursuant to Iowa Code 21.5(1)i. The board entered into closed session.

Moved by Wiley, seconded by Hertle, to return to open session. All members voting aye thereon.

Moved by Hertle, seconded by Frese, to recess until 1:00 p.m. Both members voting aye thereon. Motion carried at 12:35 p.m. Supervisor Wiley had temporarily stepped outside of the meeting.

The chair reconvened the meeting at 12:55 p.m.

The board continued employee evaluations with Veterans Affairs Director Toni Parizek and Transportation Director Dana Burmeister. Neither Parizek nor Burmeister requested a closed session.

Moved by Hertle, seconded by Wiley, to adjourn. All members voting aye thereon. Motion carried at 1:20 p.m.

____________________________________

Donald H. Frese, Chairman

ATTEST:

_____________________________________

Jill Marlow, Benton County Auditor