Government : Benton County Board of Supervisor Minutes , July 28

July 28, 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 July 21, 2015. All members voting aye thereon. Motion carried.

Moved by Wiley, seconded by Hertle, to approve an increase in the rate from$15.69 to $18.00 per hour for cleaning services performed by Lutheran Home Communities & Services in the Governor Sherman building. All members voting aye thereon. Motion carried.

The board discussed holding work sessions to review the first draft of the employee handbook and county ordinances. The first work session will be held on August 11th and another held on August 25th. Additional sessions will be scheduled as the board works through the documents.

The time of 9:15 .m. having arrived, the board opened the public hearing on a land use change requested by Marty and Stephanie Hanson. 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 a Part of the SW1/4 of the NW1/4 of 32-86-10. The request is to change the classification to a commercial use. A new septic would be needed for the business and the existing well would be used. The sight distance is thirty short of the five hundred foot requirement for a driveway; however Road Superintendent Randy Sherwood reported that due to the traffic count that the existing driveway was adequate. The applicant advised that his business consists of Hanson Machinery, which employs only himself and performs production machining for various industries. In addition, Hanson can manufacture firearms and related components, sell firearms, and perform gunsmithing of firearms and related components. Hanson advised that he would have outdoor shooting and would utilize a backdrop and would shoot westward over adjoin property. Greenlee reported that the nearest residence was ½ mile away. 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 1 acre for a commercial purposed on a parcel generally described as being located in a Part of the SW1/4 of the NW1/4 of 32-86-10. The commercial use is for production machining and for the manufacture, sale, and gunsmithing of firearms and related components in accordance with the Federal Alcohol Firearms & Tobacco rules and regulations. All members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Wiley, to approve vacation carry-over requested by Rick Bramow in the amount of sixteen hours. Said carry-over to be used no later than October 1, 2015. All members voting aye thereon. Motion carried.

Moved by Wiley, seconded by Hertle, to enter into closed session pursuant to Iowa Code 21.1(5)c. All members voting aye thereon. Motion carried.

Moved by Wiley, seconded by Hertle, to return to open session. All members voting aye thereon. Motion carried at 10:00 a.m.

Moved by Wiley, seconded by Hertle, to authorize the auditor to respond to the inquiry from Michael Merino regarding the accrual of benefits. All members voting aye thereon. Motion carried.

Transportation Director Dana Burmeister and County Attorney David Thompson spoke with the board regarding the TMS contract requiring personal information of county staff. Thompson stated that is an unreasonable request that the supervisors to provide their personal information for purposes of the contract. Thompson advised that the contract could be submitted without the supervisors’ information, as Burmeister has already provided her own. Thompson stated that he will be speaking with the attorney general’s office regarding the request; however the attorney from that office is out at this time.

The time of 10:30 a.m. having arrived, and this being the time and date set for awarding a bid for three RCB culverts, the board took up the matter for consideration. The engineer advised that two bids were received and were reviewed by his office. Moved by Hertle, seconded by Wiley, to adopt Resolution #15-59. Voting aye were Frese, Hertle, and Wiley. Nays none. Motion carried.

RESOLUTION #15-59

AWARDING BID FOR RCB CULVERTS

WHEREAS, the Benton County Engineer has received two bids for three RCB culverts; and

WHEREAS, the bids were as follows:

Iowa Bridge and Culvert, LC of Washington, Iowa - $579,065.50

Gus Construction Co., Inc. of Casey, Iowa - $700,166.50

WHEREAS, the engineer has recommended that the board of supervisors award the bid to Iowa Bridge and Culvert, LC

NOW THEREFORE BE IT RESOLVED by the Benton County Board of Supervisors that the project for three RCB culverts be awarded to the lowest responsible bidder:

Iowa Bridge Culvert, LC in the amount of $579,065.50.

FURTHER, the engineer is to prepare a contract for signature at a later date.

Dated this 28th 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 adopt Resolution #15-60. Voting aye were Frese, Hertle, and Wiley. Nays none. Motion carried.

R E S O L U T I O N #15-60

WHEREAS: The Board of Supervisors is empowered under authority of Sections 321.255 and 321.285 subsection 4 of the Code of Iowa to determine upon the basis of an engineering and traffic investigation that the speed limit on any secondary road is greater than is reasonable and proper under the conditions existing, and may determine and declare a reasonable and proper speed limit, and

WHEREAS: Such investigation has been completed by the Iowa Department of Transportation.

NOW, THEREFORE, BE IT RESOLVED by the Benton County Board of Supervisors that a speed limit be established and appropriate signs erected at the locations described as follows:

Secondary road 54th Street Trail from Interstate 380, east 1500 feet, 45 MPH.

Secondary road 32nd Avenue from 54th Street Trail, north 1200 feet, 40 MPH.

Resolution adopted this 28th day of July, 2015.

_________________________________

Chairman, Board of Supervisors

_________________________________

_________________________________

ATTEST: __________________________________

County Auditor

Moved by Wiley, seconded by Hertle, to adopt Resolution #15-61. Voting aye were Frese, Hertle, and Wiley. Nays none. Motion carried.

R E S O L U T I O N #15-61

BE IT RESOLVED by the Benton County Board of Supervisor’s that the following described Secondary Road be closed for CONSTRUCTION effective from August 3, 2015, through the completion of the project.

From 77th Street Drive near the W ¼ corner of Section 24-T82N-R10W thence north approximately 0.5 mile to 77th Street near the NW corner of Section 24-T82N-R10W along 27th Avenue in St. Clair Township.

Signed this 28th day of July, 2015.

BENTON COUNTY BOARD OF SUPERVISOR’S

_______________________________________

Chairperson

_______________________________________

_______________________________________

ATTEST: ______________________________

Auditor

The engineer advised that bids were let by the Iowa Department of Transportation for the HMA resurfacing project on W30 south of Walford. One bid was received from LL Pelling, Co. in the amount of $590,934.31. Moved by Hertle, seconded by Wiley, to adopt Resolution #15-62 , Voting aye were Frese, Hertle, and Wiley. Nays none. Motion carried.

RESOLUTION #15-62

AWARD OF CONTRACT

WHEREAS, the Iowa Department of Transportation held a bidding letting for the HMA resurfacing project on W30 south of Walford, Project No. FM-CO06(65)—55-06; and

WHEREAS, one bid was received for said project from L.L. Pelling, Co. in the amount of $590,934.31; and

WHEREAS, the county engineer has recommended that the Board of Supervisors award said contract,

NOW THEREFORE BE IT RESOLVED that Project No. FM-CO06(65)—65-06 for the HMA resurfacing project on W30, south of Walford, is awarded to L.L. Pelling, Co. in the amount of $560,934.31.

Dated this 28th day of July 2015.

____________________________________

Donald H. Frese, Chairman

____________________________________

Terry L. Hertle

____________________________________

Todd Wiley

ATTEST:

_____________________________________

Jill Marlow, Benton County Auditor

Moved by Wiley, seconded by Hertle, to authorize payment to Lowell Henkle in the amount of $1,200.00 for the purchase of one-tenth ( .10) acre of permanent easement ($500.00) and fencing ($700.00), for the bridge project located in the SE1/4 of the 28-85-10. The auditor is authorized to issue the payment. All members voting aye thereon. Motion carried.

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

_______________________________

Don Frese, Chairman

ATTEST: _________________________________

Jill Marlow, Auditor