Government : Benton County Board of Supervisor Minutes for August 11

August 11, 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 August 4, 2015. All members voting aye thereon. Motion carried.
Moved by Wiley, seconded by Hertle, to approve checks numbered 215611 through 215857 (includes handwrites during the period), payroll checks numbered 138302 through 138334, and ACH deposits numbered 24760 through 25028, for payment. All members voting aye thereon. Motion carried.
Moved by Hertle, seconded by Wiley, to approve the claim for July 2015 decategorization services submitted by Erin Monaghan and Heidi Schminke in the amount of $1,425.90 each. All members voting aye thereon. Motion carried.
Moved by Wiley, seconded by Hertle, to adopt Resolution #15-64. Voting aye were Frese, Hertle, and Wiley. Nays none. Motion carried.
RESOLUTION #15-64
FINDING OF PUBLIC PURPOSE AND SUPPORT OF BUSINESS FINANCIAL APPLICATION

WHEREAS, Iowa Code 15A.1 provides that economic development is a public purpose for which the county may provide grants, loans, guarantees, tax incentives, and other financial assistance to or for the benefit of private persons; and

WHEREAS, the Benton County Board of Supervisors fully supports activities that promote and facilitate economic development in Benton County, including growth and expansion of existing businesses for the creation of jobs and retaining existing jobs; and

WHEREAS, Benton County has received a request by Frontier Natural Products Co-op to sponsor an application to Iowa Economic Development Authority for financial assistance through the Business Financial Assistance Program for company upgrades and expansion at its facility located at 3028 78th Street, Norway, Iowa; and

WHEREAS, the financial assistance is for the expansion, remodeling and upgrading of the current facility; and

WHEREAS, the total estimated cost of the project is $8,651,500 and will create twenty-three new jobs; and

WHEREAS, the Board of Supervisors took formal action on July 21, 2015, adopting Resolution #15-57, supporting the project through industrial property tax exemption,

NOW THEREFORE BE IT RESOLVED BY THE BENTON COUNTY BOARD OF SUPERVISORS, that Benton County FINDS that the application for the Business Financial Assistance Program submitted by Frontier Natural Products Co-op will provide for economic development in Benton County and is a public purpose under Iowa Code Chapter 15A.

FURTHER, that Benton County SUPPORTS and SPONSORS the application to the Business Financial Assistance Program submitted by Frontier Natural Products Co-op and the chair was authorized to sign said application on July 21, 2015.


Dated this 11th day of August 2015.
____________________________________
Donald H. Frese, Chairman

____________________________________
Terry L. Hertle

____________________________________
Todd Wiley
ATTEST:
_____________________________________
Jill Marlow, Benton County Auditor
The county received two bids for the purchase of a John Deere Zero-Turn 665 lawnmower. The bids were as follows: P & K, Keystone - $5,450 and Bodensteiner Implement, Rowley - $5,784. Moved by Wiley, seconded by Hertle, to purchase the John Deere 665 lawnmower from P & K at a price of $5,450. All members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Wiley, to adopt Resolution #15-65. Voting aye were Frese, Hertle, and Wiley. Nays none. Motion carried.

RESOLUTION #15-65

RECORD RETENTION POLICY FOR

COUNTY AUDITOR’S OFFICE

WHEREAS, The Benton County Auditor has requested that policies be adopted governing retention of records in the auditor’s office; and

WHEREAS, the Iowa State Association of County Auditors, Iowa League of Cities, Iowa State Records Commission, State Historical Society of Iowa, Iowa State Auditor , Iowa Code and Iowa Administrative Code, have provided guidelines for records retention for records filed in the county auditor’s office; and

WHEREAS, Iowa Code Chapter 554D sets forth the authority to maintain records in electronic format,

IT IS THEREFORE RESOLVED by the Benton County Board of Supervisors that the following is established as the Record Retention Policy for the Benton County Auditor’s Office.

IT IS FURTHER RESOLVED that county auditor, at his/her discretion, may retain records for a period longer than those established by this policy.

IT IS FURTHER RESOLVED that this policy will automatically change to comply with retention requirements set forth in the Iowa Code or the Iowa Administrative Code, as amended.

IT IS FURTHER RESOLVED that the county auditor, at his/her discretion, may retain records in electronic format as provided by Iowa Code Chapter 554D and said records will meet the requirements for record retention as set forth below unless Iowa law specifically requires the original record to be retained.

IT IS FURTHER RESOLVED that said policy is effective this date.

Dated this 11th day of August 2015.

____________________________________

Donald H. Frese, Chairman

____________________________________

Terry L. Hertle

____________________________________

Todd Wiley

ATTEST:

_____________________________________

Jill Marlow, Benton County Auditor

County Auditor as Clerk to BOS

DOCUMENT CODE (or other attribution) EXPLANATION: DISPOSITION:

Bid Record Iowa State Records Commission Bids for construction work, materials and equipment – specifications, blueprints, estimated costs Retain 10 years after fulfillment of the contract, then destroy

Leases and Contracts Iowa State Records Commission Leasing/contracting agreements for road and bridge work, construction materials, fuel, real estate, maintenance, repairs, printing and other materials/services purchased by the county Retain 10 years after fulfillment of the contract, then destroy

Claim Register Iowa State Records Commission Claim numbers, claimant’s name and address, nature of claim, fund, date of filing, amount claimed/allowed, date allowed, warrant number Retain 10 years after approved audit, then destroy

Claims Iowa County Records Manual Claims Retain 2 years after approved audit, then destroy

Abstracts and Deeds Iowa County Records Manual Title papers and legal descriptions of county properties Permanent

Blueprints for County Facilities Iowa State Records Commission Blueprints Retain until property no longer owned by the county

Minute Books Iowa County Records Manual Board of Supervisors proceedings – resolutions, petitions, correspondence, tax levies, claim approvals, appointments, resignations and legislation Permanent

Closed Session Minutes Iowa Code §21.5(4) Closed Session Records - Detailed minutes and recordings Detailed minutes and audio recordings of any closed session shall be kept for a minimum of one year from the date of the meeting, except as otherwise provided by law

Liquor License State of Iowa Alcoholic Beverages Division Liquor License Permits Retain for 3 years, then destroy

Franchises Granted Iowa County Records Manual Franchises for utilities, railways, pipelines and motor carriers – correspondence, agreements, descriptions Permanent

Petition Record Iowa County Records Manual Petitioner, filing date, nature of petition, date acted upon, disposition, book and page numbers in Board of Supervisors minutes Permanent

General Ledger – Warrants Iowa County Records Manual/Iowa State Records Commission Warrant number, fund, warrant amount, payee Retain 10 years after approved audit, then destroy

Warrants Iowa Code§ 331.554(4) Warrants Retain at least 2 years after approved audit, then destroy

Tax Credits and Exemptions State of Iowa Auditor’s Office Applications – taxpayer, tax district, description and valuation of property, year’s taxes, credits/exemptions applied Retain 1 year after approved audit following payment of taxes, then destroy

Property Tax Suspensions Following standards for Retention of tax credits and exemptions Request for tax suspensions - DHS notice or petition under Iowa Code 427.8 or 427.9 Retain 1 year after approved audit following termination of suspension and payment of taxes.

Pioneer Cemetery Commission

Minutes Following standards for retention of minutes Pioneer Cemetery Commission minutes Permanent

County Auditor

DOCUMENT CODE (or other attribution)* EXPLANATION: DISPOSITION:

Indemnity Bonds Iowa State Records Commission Bonds for insurance against double payment in cases where duplicate warrants are issued Retain 2 years after payment of claim, then destroy

Official Bond Register Iowa State Records Commission Name, address, office of bonded person, date, bond amount, sureties Permanent

Official Bonds for County

Officers Iowa State Records Commission Bond instruments – name, obligations, sureties Retain for current year plus 6 years, then destroy

Accounts with Treasurer Iowa State Records Commission Record of collections and disbursements of funds in individual accounts as reported by the County Treasurer Retain for 5 years after approved audit, then destroy

Budgets Iowa State Records Commission Budget estimates and worksheets of individual county offices Retain as long as administratively useful, then destroy

Final Budgets Iowa State Records Commission Final budgets of individual county offices Permanent

Expenditure Record Iowa State Records Commission Expenditure record Retain for 5 years after approved audit of last recorded year, then destroy

Receipts Iowa State Records Commission Receipts Retain 1 year after approved audit, then destroy

Transfer Books – Funds Iowa State Records Commission Date, amount of transfer, funds involved, reason for transfer Retain 5 years after approved audit, then destroy

Transfer Orders Iowa State Records Commission Stubs of orders issued to transfer funds Retain 1 year after approved audit, then destroy

Auditor’s Fee Book Iowa State Records Commission Payment date, type of service provided, payer, fee collected Retain 10 years after approved audit, then destroy

Auditor’s Receipt Book – Fees Iowa Code § 331.902 Stubs or carbon copies of original receipts issued for payment of fees Retain 3 years after approved audit, then destroy

Auditor’s Record of

Unclaimed Fees and Trusts Iowa State Records Commission Record of court fees and probate deposits for which no claim has been made Retain 5 years after credit entered in treasurer’s record, then destroy

Notice to Plat Iowa County Records Manual Notices to property owner stating that new plat is required for taxation and assessment purposes Retain 1 year after plat completed, then destroy

Plat Books Iowa County Records Manual Plat books Permanent

Plats Iowa County Records Manual Plats Permanent

Description Books Iowa County Records Manual Grantee, legal description of property, instrument filed, filing date Permanent

Index of Real Estate Owners Iowa County Records Manual Notecards naming farm and incorporated town property owners Permanent

Lot Books Iowa County Records Manual Lot books Permanent

Survey Field Notes Iowa County Records Manual Field notes Permanent

500,000 Acre Land Grants

and Sixteenth Sections Iowa County Records Manual School land divisions, appraisements and approvals Permanent

Irregular Survey Iowa County Records Manual Irregular survey Permanent

Cemetery Transfers Iowa County Records Cemetery transfers arranged by township Permanent

Manual

Change of Title Iowa County Records Manual Name of estate, new owner, legal description of property Permanent

Record of Sale of School

Lands Iowa County Records Manual Record of sale of school land Permanent

Transfer Book – Real Estate Iowa County Records Manual Real estate transfer book Permanent

Semi-Annual Report of

Treasurer Iowa County Records Manual Reports of tax/fee collections and disbursements warranted by auditor Retain 1 year after approved audit, then appraise for permanent retention

Township Officer

Resignations, Appointments

and Oaths Iowa County Records Manual Township officer resignations and appointments Retain as long as administratively useful, then appraise for historic value

Affidavits of Publication for

Public Participation Notices Iowa County Records Manual Notices of budget hearings, enacted budget availability and use report availability Retain for 3 years after issuance of audit report, then destroy

Assessment Rolls Iowa County Records Manual Owner, description of personal property/real estate, assessed value, credits to be applied. Retain 5 years, then destroy

Assessor’s Book Iowa County Records Manual Owner’s name and address, description of real property (ag, city, township, residential, business, etc.) description of personal property, 100% assessed valuation, subsequent adjustments Permanent – maintained by assessor

Real Estate Cards Iowa County Records Manual Notecards – property owner, legal description of property, assessed tax Retain while current, then appraise for historic value

Special Assessment Files Iowa County Records Manual Special assessment files Permanent

Tax Rate Record Iowa County Records Manual Record of determined rates for each taxing district Permanent

Tax List – General Iowa County Records Manual Taxpayers, land description, number and value of acres, number and value of city lots, value of personal property, tax description, amount due, aggregate actual/taxable value of all property in county and subdivisions Permanent

Notice of Sale and Certificate

of Publication Iowa County Records Manual (copies) – Published tax sale notices and certificates – publisher, newspaper, publication date Permanent – Maintained by treasurer

Tax Sale Register Iowa County Records Manual Type of tax, interest, cost per tract, parcel sold, purchaser, tax sale date, date deed issued, titleholder Permanent – maintained by treasurer

Bond Certificates Filed by

Other Tax Entities State of Iowa Auditor’s Office Bond certifications/resolutions filed by school districts, cities, community college districts, etc. Retain for life of debt service plus 3 years after taxing entity’s approved audit

City, School, etc., Final

Budgets Filed and Certified in

the Auditor’s Office Iowa State Records Commission Recommendation Government entity budgets required by Iowa Code to be filed with the County Auditor’s Office Permanent

Payroll journal League of Cities Records Manual Records name, SSN, earnings, deductions, net pay per pay period and yearly totals 60 years

Payroll support documents League of Cities Records Manual Time sheets, sick leave reports, vacation reports Retain 5 years or after fiscal value ends

W-2, W-3, W-4 League of Cities Records Manual Retain 5 years or after fiscal value ends

941 Quarterly Report League of Cities Records Manual Retain 5 years or after fiscal value ends

1099 League of Cities Records Manual Retain 5 years or after fiscal value ends

County Auditor as Commissioner of Elections

DOCUMENT CODE (if known) EXPLANATION: DISPOSITION:

Abstracts 43.61; 50.19; 50.26; 50.28 Election Abstracts After all contests are determined, retain for six months unless the election included a federal office, then retain for 22 months.

Applications for Absentee

Ballots 50.19; 53.30 Absentee ballot request forms After all contests are determined, retain for six months unless the election included a federal office, then retain for 22 months.

Ballots 50.12; 50.19; 53.26; 53.30; 50.3; 50.4; 50.5; 50.9; 52.35(3) Ballots voted, test deck, spoiled, provisional, disputed, absentee After all contests are determined, retain for six months unless the election included a federal office, then retain for 22 months.

Unvoted Ballots 50.9 Unvoted ballots May be destroyed after the deadline to contest the election, if no contest is pending.

Declarations of Eligibility 50.19 Declarations of eligibility signed by voters After all contests are determined, retain for six months unless the election included a federal office, then retain for 22 months.

Election Registers 50.19 Election registers After all contests are determined, retain for six months unless the election included a federal office, then retain for 22 months.

Envelopes, Absentee (all

types) 50.19; 53.30 All envelopes used in the absentee voting process After all contests are determined, retain for six months unless the election included a federal office, then retain for 22 months.

Memory Cards (as well as

audit logs/program files) 50.19; IAC721-22.51(11,13,14) Memory cards used in ballot tabulation machines including the audit logs and program files. After all contests are determined, retain for six months unless the election included a federal office, then retain for 22 months.

Nomination Papers 50.19 Nomination papers from any primary or non-primary election After all contests are determined, retain for six months unless the election included a federal office, then retain for 22 months.

Poll Watcher Certification 50.19 Poll watcher certification After all contests are determined, retain for six months unless the election included a federal office, then retain for 22 months.

Precinct Official Appointment

Records 50.19 Precinct official appointment records After all contests are determined, retain for six months unless the election included a federal office, then retain for 22 months.

Public Test Results 50.19; 52.35; IAC 721-22.41(2)(c) Public test records After all contests are determined, retain for six months unless the election included a federal office, then retain for 22 months.

Tally Lists 50.19 Tally lists If recorded electronically for permanent retention, then same as above. Otherwise retain the tally list permanently.

Other Material Pertaining to 50.19 Miscellaneous documents After all contests are

the Election generated during an election determined, retain for six months unless the election included a federal office, then retain for 22 months.

Service and Repair Reports

from Election Day 50.19; IAC 721-22.51 Documentation of election day repairs to polling equipment After all contests are determined, retain for six months unless the election included a federal office, then retain for 22 months.

Mindy Druschel, Department of Human Service (DHS) Social Work Supervisor for Benton/Iowa/Tama County and Valerie Lovaglia, DHS Social Work Administrator, met with the Board to provide an update on current administration and to discuss the possibility of moving the county’s DHS offices. Approximately a year ago, the board toured the third floor of the Braille School to determine if it would be a viable location for the DHS offices. No action has taken place since that time. Benton County Attorney David Thompson advised that he was in the process of negotiating a lease with the State of Iowa, but would not discuss the details in a public meeting. Supervisor Frese stated that the old West School may be an option as well. Thompson stated that Mike Elwick was interested in leasing space at the facility as well. The board stated that they would like to tour both facilities in the future and consider the options.

Moved by Wiley, seconded by Hertle, to adopt Resolution #15-66. Voting aye were Frese, Hertle, and Wiley. Nays none. Motion carried.

RESOLUTION #15-66

HIRE OF MENTAL HEALTH ADVOCATE

WHEREAS, the position of Mental Health Advocate was changed from a State of Iowa employee to a Benton County employee, effective July 1, 2015; and

WHEREAS, the Benton County mental health advocate (employed by the State) resigned effective June 30, 2015; and

WHEREAS, the position was advertised and applications taken; and

WHEREAS, the county attorney recommends the hire of Bethany Wheaton as the Benton County Mental Health Advocate,

NOW THEREFORE IT IS RESOLVED by the Benton County Board of Supervisors that Bethany Wheaton is hired, effective August 11, 2015, as the Benton County Mental Health Advocate.

IT IS FURTHE RESOLVED that the wage for this part-time position be set at $17.00 per hour.

Dated this 11th day of August 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 contract and contractor’s bond with Iowa Bridge & Culvert, LC for the Reinforced Concrete (RC) Box Culverts on 61st Street Lane and 33rd Avenue Drive, Project No. LFM-BE—7X-06 (Oak Grove Road project). All members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Wiley, to adopt Resolution #15-67. Voting aye were Frese, Hertle, and Wiley. Nays none. Motion carried.

RESOLUTION #15-67

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:

LE-3023 0.7 mile north of the SW corner of section 15-82N-11W (Leroy Township) on 19th Avenue

Signed this 11th day of August 2015.

_____________________________________

Donald H. Frese Chairman, Board of Supervisors

_____________________________________

Terry L. Hertle

_____________________________________

Todd A. Wiley

ATTEST: ____________________________

Benton County Auditor

Moved by Wiley, seconded by Frese, to adopt Resolution #15-68. Voting aye were Frese, Hertle, and Wiley. Nays none. Motion carried.

RESOLUTION #15-68

WHEREAS: Benton County Secondary Road Department has an employee that has been employed at his present job classification for a sufficient length of time to change his respective job classification

THEREFORE BE IT RESOLVED By the Benton County Board of Supervisors that the Labor Grade classification of Daniel J. McKenna will be VF (finish blade operator with grading crew). VF base wage for Dan McKenna will be $19.92 per hour. Dan McKenna rate change will be effective August 8, 2015.

Signed this 11th day of August, 2015.

_____________________________________

Donald H. Frese Chairman, Board of Supervisors

_____________________________________

Terry L. Hertle

_____________________________________

Todd A. Wiley

ATTEST: ____________________________

Benton County Auditor

The board travelled to 1668 70th Street to discuss concerns about a culvert replacement with Ed McGivern, the adjoining landowner. McGivern was concerned about the effect the new larger culvert would have with water flow on his property. McGivern requested that culvert be replaced with a culvert the same size as well as at the same depth or to raise the depth of the new larger culvert (currently being installed) as well as implement methods to reduce the flow of water. The board advised that the new culvert will be constructed according to the engineer’s plans. The county will reconstruct a berm on the landowner’s side abutting the right-of-way line to help slow water flow and the landowner is to install a standpipe (vertical intake pipe) in order to navigate potential standing water away from the culvert outlet. The standpipe is to be located in the county right-of-way offset from the flow line of the culvert and as dictated by the current tile line location. The berm is not to exceed 25% of the height of the culvert, which equates to 18 inches. McGivern may harvest the field prior to installing the standpipe. Future maintenance of the standpipe will be the responsibility of the county. Future maintenance of the berm will be the responsibility of the landowner and shall be maintained in such a manner as to not disrupt the flow of water as designed.

McGivern also spoke to the board about the installation of “Do Not Pass” signage to the east and west of his entrance. McGivern stated that although double yellow lines exist, as well as “No Passing” signs, he has witnessed various close calls and accidents. McGivern believes that the additional signage would provide one more warning to motorists. The board did not take any action on the matter.

The board returned to the courthouse at 12:10 p.m.

Supervisor Hertle updated the board on the timeline for the road project on 70th St (E44 between Van Horne and Keystone) as well. Hertle stated that August 24th is the last starting date for that project and with a 35 day completion time-line, that would tentatively put completion on October 9. Hertle continued that with at least one more week of laying pipe, which would be August 17 or 18, then another week fixing the road bed above the new pipe, it will then at best be August 24th. Hertle expressed concern that this portion of roadway was a main thoroughfare for farmers harvesting crops and the impact the road construction would have on those farmers. Supervisors Frese and Wiley expressed their agreement that it would cause issues for the farmers and travelling public; however, the road construction season was limited and that the project should continue as scheduled. The board discussed recessing and returning to work on the employee handbook; however County Attorney Thompson advised that the courthouse clock committee would be meeting of which Supervisor Hertle was a member. The board determined that trying to work on the handbook would be futile given the circumstances and the interruption.

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

_______________________________

Don Frese, Chairman

ATTEST: _________________________________

Jill Marlow, Auditor