Government : Benton County Board of Supervisor meeting minutes, Sept. 8

September 8, 2015

Click HERE to see the list of bills approved at this meeting.

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 September 1, 2015, and to amend the minutes of August 25, 2015, to include the following:

Moved by Wiley, seconded by Hertle, to set September 22, 2015, at 9:15 a.m., as the time and date for a public hearing on a land use change requested by John and Jul Tuttle on a parcel located in a Part of the SE1/4 of the SE1/4 of Section 23-85-9. All members voting aye thereon. Motion carried.

All members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Wiley, to approve vendor checks numbered 216014 through 216202, payroll checks numbered 138352 through 138370, and ACH deposits numbered 25166 through 25298, for payment. All members voting aye thereon. Motion carried.

Moved by Wiley, seconded by Hertle, to set October 6, 2015, at 9:15 a.m., as the time and date for a public hearing on a land use change requested by Jeffrey and Debra Ralston on a parcel located in the N1/2 of the NW1/4 of Section 25-85-9. All members voting aye thereon. Motion carried.

Kyle Helland of Helland Engineering met with the board to request a variance to the subdivision ordinance on behalf of his clients Roger and Mary Geater. The variance is requested on divisions occurring in the NW1/4 of the NE1/4 of Section 33-86-10. Helland was requesting a variance to the entire ordinance; however Land Use Administrator Marc Greenlee recommended that only certain provisions of the ordinance be varied. Moved by Hertle, seconded by Wiley, to adopt Resolution #15-70. Voting aye were Frese, Hertle, and Wiley. Nays none. Motion carried.

RESOLUTION#15-70

GRANTING VARIANCE TO SUBDIVISION ORDINANCE

WHEREAS, Roger and Mary Geater have requested a variance to the Benton County Subdivision Ordinance #61; and

WHEREAS, the Board believes that certain requirements should be varied,

NOW THEREFORE BE IT RESOLVED that the following requirements of the Benton County Subdivision Ordinance #61 shall be waived with regards to the division of real property located in the NW1/4 of theNE1/4 of 33-86-10 and owned by Roger and Mary Geater:

Article IV: Sections 4.01 through 4.05 Improvements

Article V: Sections 5.01 through 5.07 Minimum Standards for the Design of Subdivisions.

Article VI: Sections 6.01 through 6.03 Procedures and Submission Requirements for Plats

FURTHER IT IS RESOLVED that the owners shall comply with the remaining requirements set forth in the Benton County Subdivision Ordinance #61.

ADOPTED AND PASSED this 8th day of September 2015.

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Donald H. Frese, Chairman

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Terry L. Hertle

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Todd Wiley

ATTEST:

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Jill Marlow, Benton County Auditor

Dr. Charles Jennison, Department of Emergency Medicine, University of Iowa Carver College of Medicine, spoke with the Board regarding the proposed ordinance to allow the use of all-terrain vehicles (ATV) and utility terrain vehicles (UTV) on county roadways. Jennison told the board that research has been conducted on the use of ATVs and related injuries and deaths. Jennison stated that ATVs and UTVs are not safe to use on roadways are they are designed for off-road use and the tires are made to grip unlike car tires. Jennison also stated that the rear-end differential does not allow the vehicle to stabilize when turning corners, which can result in rollovers. Jennison provided statistics on the use of ATVs/UTVs by persons under 18. Jennison strongly discouraged the board from adopting the ordinance citing safety concerns. Benton County Attorney David Thompson also encouraged the board to rethink adoption of the ordinance citing safety concerns. Thompson stated that the board opposed a J-turn at Highways 218 and 30 citing safety concerns and that they should consider safety with this matter also. Supervisor Hertle commended Jennison for his concern and dedication to the ATV/UTV safety; however stated that there are inherent risks with everything in life. Supervisor Wiley stated that the ordinance did not allow persons under 16 to operate ATVs/UTVs on the county’s roadways and stated that the laws should not prohibit law-abiding citizens from using ATVs/UTVs because of those acting illegally. The board stated that the ordinance was still in the drafting stage. Thompson suggested that the ordinance, once drafted, be provided to the county’s public health board and peace officers association for their input as well. The board stated that they would take under consideration the information and comments presented.

County Engineer Myron Parizek and Integrated Roadside Vegetation Manager Ben Bonar met with the board regarding application for a grant from the Fy2016 Living Roadway Trust Fund. Parizek explained that the grant application was for $15,000 to

be used towards the renovation of the IRVM storage facility, $720.78 for two Echo leaf blowers, and $500.00 for a Truax Seed Slinger. The total of the grant application is $16,220.78 with a county share of $41,908.20. The board questioned the renovations to the IRVM storage facility, which included a cement floor, in-floor boiler heat, insulation, and room separations. Parizek and Bonar stated this would allow for the chemicals to be stored in a separate area from the seed and equipment. Supervisors Hertle and Wiley both voiced concerns on cementing the entire facility floor as well as heating and suggested that only the chemical area be cemented for containment reasons. The board requested that a new plan with updated costs be presented for consideration prior to approval of the grant application.

Moved by Hertle, seconded by Wiley, to adopt Resolution #15-71. Voting aye were Frese, Hertle, and Wiley. Nays none. Motion carried.

Resolution #15-71

BE IT RESOLVED by the Benton County Board of Supervisors that the following described Secondary Road be closed for CONSTRUCTION effective from September 14, 2015, through the completion of the project.

From 32nd Avenue thence east 1.25 miles to 33rd Avenue Drive along 61st Street Lane and continuing from 61st Street Lane north 1.25 miles to 59th Street Trail along 33rd Avenue Drive in Benton Township.

Signed this 8th day of September, 2015.

BENTON COUNTY BOARD OF SUPERVISOR’S

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Chairperson

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ATTEST: ______________________________

Auditor

Moved by Wiley, seconded by Hertle, to approve and direct the chair to sign the Purchase Agreement between Benton County and Richard Robertson and Judy Robertson for .09 (nine one- hundredths) of an acre of permanent road easement and .09 (nine one-hundredths) of temporary road easement located in the NE1/4 of Section 35-85-9, for a total price of $495.00. Further, that the auditor’s office is authorized to issue payment for said purchase on this date. All members voting aye thereon. Motion carried. The easement is needed for project number LFM-BE—7X-06, a box culvert on 61st Street Lane.

The discussed the formation of a watershed management authority for the Middle Cedar River watershed. The board is in support of creating the watershed management authority as well as taking the lead in its creation. A meeting of interested counties, cities, and soil and water conservation districts located within the watershed is scheduled for September 16, 2015.

Deputy Auditor Gina Edler reviewed the website pages that she is developing for the Board of Supervisors. Edler requested guidance on specific information to be included in the board’s pages of the website. The board indicated that they were pleased with the development so far and provided ideas for additional information to include.

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

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Donald H. Frese, Chairman

ATTEST:

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Jill Marlow, Benton County Auditor