Government : Benton County Board of Supervisor Minutes 7-21-15

July 21, 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 14, 2015. All members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Wiley, to authorize the auditor to disburse the loan proceeds, in full, to the Benton County Sanitary Landfill Commission upon their request. All members voting aye thereon. Motion carried. The loan proceeds are in the amount of $402,642.00, which was borrowed by the county on behalf of the landfill commission and is to pay for a new cell at the landfill. The Commission has accepted a bid to construct a new cell in the amount of $402,642.35.

Moved by Hertle, seconded by Wiley, to approve checks numbered 215418 through 215610, payroll checks numbered 138289 through 138301, and ACH deposits numbered 24623 through 24759, for payment. All members voting aye thereon. Motion carried.

Moved by Wiley, seconded by Hertle, to adopt Resolution #15-56. Voting aye were Frese, Hertle, and Wiley. Nays none. Motion carried. The board did not take action on one Disabled Veterans Homestead Tax Credit pending further research.

RESOLUTION #15-56

APPROVAL AND DISAPPROVAL OF HOMESTEAD TAX CREDITS, MILITARY TAX CREDITS, AND DISABLED VETERAN’S HOMESTEAD TAX CREDITS FOR 2015 ASSESSMENT

And

AMENDING RESOLUTION #14-45

APPROVAL AND DISAPPROVAL OF HOMESTEAD TAX CREDITS, MILITARY TAX C.REDITS, 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, new applications for various credits have been submitted to the assessor, in accordance with law, for his approval or disapproval; and

WHEREAS, the assessor has made recommendations and provided said applications to the auditor; and

WHEREAS, the auditor has submitted said applications to the board of supervisors for their consideration; and

WHEREAS, the board of supervisors is required to allow or disallow the credit,

NOW THEREFORE BE IT RESOLVED that the following applications for Homestead Credit, Military Credit, and/or Disabled Veteran’s Homestead Credit submitted to the assessor on or before July 1, 2015, are hereby disallowed based on the assessor’s recommendation:

480-12100 – Disabled Veteran’s Homestead Credit

870-03600 - Disabled Veteran’s Homestead Credit

660-17810 – Homestead Credit

IT IS FURTHER RESOLVED that the remainder of the applications for Homestead Credit, Military Credit, and/or Disabled Veteran’s Homestead Credit that were filed with the assessor on or before July 1, 2015, for the 2015 assessment year are allowed based on the assessor’s recommendation. The assessor is to maintain a permanent file of the applications in accordance with law.

IT IS FURTHER RESOLVED that Resolution #14-45, Approval and Disapproval of Homestead Tax Credits, Military Tax Credits, And Disabled Veteran’s Homestead Tax Credits, adopted on July 8th, 2014, for the 2014 assessment year is hereby amended to include the following approvals for the Disabled Veteran’s Homestead Credit as required by legislation enacted by the 86th Iowa General Assembly:

240-22150 240-27300 200-08900

240-63000 010-16100 010-02700

190-19450 240-76775 160-10750

160-08150 240-78200 370-04000

360-00600 200-15210 870-10450

240-57300 240-68725 010-09550

The remainder of Resolution of #14-45, as amended by Resolution #15-36, remains in full force and effect.

Signed this 21st day of July 2015.

_____________________________________

Donald H. Frese, Chairman

_____________________________________

Terry L. Hertle

______________________________________

Todd A. Wiley

ATTEST:

_____________________________________

Jill Marlow, Benton County Auditor

The auditor advised that vehicles were parked next to the courthouse (west door) during the Vinton Cruise as evidenced by a picture. The board has stated that no vehicles may be parked on the lawn during events. Supervisor Wiley stated that the pictures show the vehicles were parked on the sidewalk and that the board needs to clarify that the sidewalk is included as he thinks of the lawn as the grassy area. Supervisor Frese stated that he would speak with the Vinton Cruise Committee regarding the matter. The board discussed the use of a written agreement when people requested to use the lawn that would address various issues, including insurance. The board requested that the auditor research and present an agreement for consideration.

Moved by Wiley, seconded by Hertle, to set August 18, 2015, at 9:30 a.m., as the time and date for a public hearing on a land use change requested by Larry and Kim Rouse on a parcel located in a part of the SE1/4 of the NW1/4 of Section 9-86-10. All members voting aye thereon. Motion carried.

Steve Meyer, Chairman of the Benton County Emergency Management Commission, expressed the Commission’s gratitude for the county’s FY16 funding to the Commission. Meyer stated that the funding assists the Commission in meeting its goals of providing emergency management services and planning to the county.

Moved by Hertle, seconded by Wiley, to accept the resignation of Jerry Petermeier from the Benton County Sanitary Landfill Commission, effective September 1, 2015. All members voting aye thereon. Motion carried.

Representatives of Benton Development Group met with the Board to request the County’s support for an industrial expansion project being undertaken by Frontier Cooperative. The support would be in the form of an industrial tax exemption under Iowa Code 427B. The assessor stated that the county currently has an ordinance in place; however since the project is largely remodeling the ordinance requires the Board of Supervisor’s approval for the tax exemption. Moved by Wiley, seconded by Hertle, to adopt Resolution #15-57 exempting tax. Voting aye were Frese, Hertle, and Wiley. Nays none. Motion carried.

Resolution #15-57

INDUSTRIAL PROPERTY TAX EXEMPTION

WHEREAS, Frontier Cooperative has requested financial assistance for an expansion project from the Iowa Economic Development Authority; and

WHEREAS, the financial assistance requires a local match in the form of a tax abatement; and

WHEREAS, Benton County enacted Ordinance #18, Benton County Industrial Property Tax Exemption and recorded the same on August 6, 1993; and

WHEREAS, Ordinance #18 provides that the industrial property tax exemption must have prior approval of the Benton County Board of Supervisors and be upon the recommendation of the Iowa Department of Economic Development when the project involves reconstruction of an existing building or structure; and

WHEREAS, the Iowa Economic Development Authority, through Benton Development Group, has recommended that the Board of Supervisors grant the industrial property tax exemption,

NOW THEREFORE BE IT RESOLVED by the Benton County Board of Supervisors that the county provide support of the Frontier Co-op expansion project through the industrial property tax exemption as authorized by Ordinance #18, Benton County Industrial Property Tax Exemption.

Dated this 21st day of July 2015.

____________________________________

Donald H. Frese, Chairman

____________________________________

Terry L. Hertle

____________________________________

Todd Wiley

ATTEST:

_____________________________________

Jill Marlow, Benton County Auditor

Benton Development Group provided an update to the board on their activities. The Group has assisted with the creation of 160 new jobs in the county and continues to meet with the all of the communities on a regular basis. The Group has hosted an event with Iowa Economic Development Authority Director Debi Durham and has continued to foster relationships with other economic development agencies in the area. Areas of concern for economic development in Benton County are the lack of high-speed internet and workforce issues. The Group created a survey that has been completed by various businesses and they have also been working with student interns.

David Kelty met with the Board to request a variance to the county’s subdivision ordinance.

RESOLUTION #15-58

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 three parcels in 29-86-9, due to hardship,

NOW THEREFORE BE IT RESOLVED by the Benton County Board of Supervisors that the requirements of Ordinance #61 on a two additional divisions located in the SE1/4 of the SW1/4 of 29-86-9 and one additional division in the SW1/4 of the SW1/4 of 29-86-9, 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. Two divisions provide for enlargement of current parcels to an existing line, which line has been previously recognized as the boundary.

2. The divisions are necessary for the executor to settle an estate at the direction of the estate’s legal counsel.

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

PASSED and APPROVED this 21st day of July 2015.

____________________________________

Donald H. Frese, Chairman

____________________________________

Terry L. Hertle

____________________________________

Todd Wiley

ATTEST:

_____________________________________

Jill Marlow, Benton County Auditor

Benton County Attorney David Thompson and Assistant County Attorney Emily Nydle met with the board regarding additional office space. Thompson requested that the office being vacated by Judge Zimmer be assigned to his office. Thompson and Nydle both stated that the current office space being shared by the assistant county attorneys is not ideal. Thompson stated that office space is very crowded with two attorneys and various pieces of office equipment. The current space is occupied by two attorneys separated by cubicle walls. Nydle stated that it is difficult to speak on the phone while the other attorney is dictating as dictation equipment picks up the conversation. Nydle stated that it is difficult to interview victims and witnesses privately when sharing the office space. Moved by Wiley, seconded by Hertle, to assign the office (number 303) once vacated to the county attorney’s office. All members voting aye thereon. Motion carried.

Benton County Engineer Myron Parizek spoke with the board regarding various speed studies conducted by the Iowa Department of Transportation on various segments of the county’s secondary roads. Parizek advised that a study is required by the board of supervisors when setting a speed limit on a secondary road. The findings of the study are as follows indicating the recommended speed limit:

57th Street Trail – 55 mph (area of Rodger’s Park)

54th St. Trl – 45 mph from I-380 eastward to just east of 32nd Avenue where 55 mph commences and continues eastward (east of Urbana)

32nd Avenue – 40 mph (east of Urbana)

78th Street Trail – 55 mph (east of Belle Plaine)

70th Street (old Highway 199) – 55 mph (Van Horne)

32nd Avenue – 55 mph from 56th Street Trl, northward to just south of church’s south driveway where a 45 mph zone commences and continues to 160 feet south of South Street where a 30 mph zone begins (south of Urbana)

The board is not obligated to use the recommendations of the Iowa Department of Transportation. Discussion ensued on the various findings and the board’s position on speed zones being established. The engineer was directed to prepare a resolution for consideration at the board’s next meeting.

The board spoke with Engineer Parizek and IVRM Manager Ben Bonar about noxious weed control. Supervisor Hertle stated that there was a problem with thistles both on private and public property and questioned how the situation was being addressed. Hertle stated that had the thistle been addressed when reported several weeks ago they could have been destroyed prior to bloom. However, the thistles have all bloomed magnifying the problem. Bonar stated that he had a letter that he would be sending to property owners with noxious weeds subject to the board’s approval. The county attorney, present at the meeting, reviewed the letter and advised that it was legally sufficient. Hertle questioned if the county’s maintainer operators were assisting by identifying areas of noxious weed infestation and reporting them to the weed commissioner. There was no clear response as to whether the operators were required to report said areas to the weed commissioner. The supervisors were in support of efforts to address the issue and it was moved by Hertle, seconded by Wiley, that Bonar is directed and authorized to send a letter to property owners whose property contains noxious weeds. All members voting aye thereon. Motion carried. The letter sets forth that the property owner is given five days to address the problem and if fails to do so, then the weed commissioner is to enter onto the property, pursuant to Iowa law, and destroy the noxious weeds. The expenses of the weed commissioner are to be assessed against the property.

Representatives of the Courthouse Clock Committee met with the board regarding the replacement of the clock glass. Persons present were Robert Spangler, Roger Albert, Kent Stufflebeam, Phil Borleski, Peggy Schott, County Attorney David Thompson, and Assistant County Attorney Emily Nydle. Supervisor Hertle stated that he placed the matter on the agenda to provide an opportunity for the other supervisors to view the clock tower and discuss the project as well as decide they type of glass, clear or white laminate, to be installed. Thompson stated that work was being done in the clock tower area and that he created a diagram to assist in explaining the project. Thompson also provided a piece of the current glass for the board to view. Thompson explained that not all of the glass currently around the clock was original, but was glass that had been altered in an attempt to match the original glass. Thompson stated that the east clock face must be kept as original as possible according the State, but the other three sides of the clock could have the white laminated glass. Thompson stated that the original glass that remains is extremely brittle and much is broken. It was also reported that all three bidders on the project proposed replacing the glass. Supervisor Wiley asked for clarification that the white laminate was not plexiglass and Thompson confirmed that it was not. Supervisor Hertle stated that it was his desire to give the committee and the supervisors the opportunity to discuss the issue prior to installation and to determine if the glass laminate was the preference. Robert Spangler stated that he polled all of the committee and that they were unanimous in using the white laminate. Kent Stufflebeam stated that he hoped the supervisors would consider the committee’s opinion when making the final decision. Moved by Hertle, seconded by Wiley, to adhere to the wishes of the Courthouse Clock Committee and install white laminate on three sides of the courthouse clock, with the east side remaining original glass. All members voting aye thereon. Motion carried.

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