Government : Benton County Board of Supervisor meeting minutes, Sept. 29

September 29, 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 September 22, 2015. All members voting aye thereon. Motion carried.

Moved by Wiley, seconded by Hertle, to approve payment to Karl Chevrolet in the amount of $19,949.95, for a patrol car. All members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Wiley, to set October 27, 2015, at 9:15 a.m., as the time and date for a public hearing on a land use change requested by Dean and Taraca Brown on a parcel located in the NW ¼ NE ¼ of Sec. 32-86-10. All members voting aye thereon. Motion carried.

The time of 9:15 a.m. having arrived, the board opened the public hearing on a land use change requested by Pat and Nancy Jorgensen. Marc Greenlee presented the technical information in accordance with the Benton County Agricultural Land Use Preservation Ordinance. The change in use is for approximately 2 acres located in the SW ¼ of the SW ¼ of 32-86-10. The request is to change the classification to a single residential use. A new driveway, well and septic would be needed for the residence. 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 2 acres for a residential purpose on a parcel generally described as being located in the SW ¼ of the SW ¼ of Sec. 32-86-10. Voting aye were Frese, Hertle, and Wiley. Nays none. Motion carried.

The board discussed the all-terrain vehicle (ATV) and utility terrain vehicle (UTV) ordinance. County Attorney David Thompson and Assistant County Attorney Emily Nydle, Recorder Lexa Speidel, Jack Geiger and Steve Henry were present. Thompson recommended Section 8 be taken out of the proposed ordinance. Thompson presented a resolution from Jackson County, stating that Jackson County doesn’t have an ordinance yet, but are trying out the resolution which allows the ATV/UTV to be used on designated dates and trails. Thompson read a section of the Code of Iowa, Section 321I.10 (2) , which states “A registered all-terrain vehicle or off-road vehicle may be operated on the roadways of that portion of county highways designated by the county board of supervisors for such use during a specified period. The county board of supervisors shall evaluate the traffic conditions on all county highways and designate roadways on which all-terrain vehicles or off-road utility vehicles may be operated for the specified period without unduly interfering with or constituting an undue hazard to conventional motor vehicle traffic. In designating such roadways, the board may authorize all-terrain vehicles and off-road utility vehicles to stop at service stations or convenience stores along a designated roadway.” Thompson believes that the county is liable if there is any injury or death if a study is not done and the ordinance is passed. Geiger questioned how mopeds get to drive on the roads and Thompson responded that he doesn’t care about mopeds. Henry asked if the county is liable if there is any accident or fatality on the roads. Supervisor Wiley responded that the county may have liability if the cause of the accident was due to the roadway. Supervisor Frese stated that if the county is to pass an ATV/UTV Ordinance then it should be done the right way. Wiley asked if they could utilize the county engineer to do the safety study. Thompson stated that engineer should know how to do these things. Thompson is also proposing that the ATV/UTV’s be driven at a specified time, such as they should not be driven at night, and should not be allowed to be driven year around. The board discussed Sections 3 and 7 of the ordinance draft and requested that the county attorney present proposed language for those sections at the board’s meeting on October 6, 2015.

Moved by Wiley, seconded by Hertle, to Adopt Resolution #15-74. Voting aye were Frese, Hertle, and Wiley. Nays none. Motion carried.

RESOLUTION #15-74

SUPPORTING THE CREATION OF THE MIDDLE CEDARRIVER

WHEREAS,BentonCountyisagovernmental entity serving the citizens of Benton County; and

WHEREAS, the Board of Supervisors is a body elected to administer programs and services for the benefit of Benton County; and

WHEREAS, the Board of Supervisors has determined that water quality and flood mitigation are important to the health and well-being of the citizens and property owners of Benton County; and

WHEREAS, Benton County has experienced serious flooding in regions of the Middle Cedar River Watershed; and

WHEREAS, theIowaGeneralAssemblycreatedWatershed ManagementAuthoritiesto encourageinter-agencycooperationforwatershed planningandmanagement; and

WHEREAS,thevarious counties, cities, and soil and water conservation districts located within the Middle Cedar River Watershed have expressed a desire to create a watershed management authority to assist in the reduction of flooding and improving water quality,

NOWTHEREFOREBEITRESOLVEDthattheBenton County Board of Supervisors supportsthe creation of the Middle Cedar River Watershed ManagementAuthority.

PASSED and APPROVED this 25th day of September 2015.

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Donald H. Frese, Chairman

_______________________________

Terry L. Hertle

_______________________________

Todd Wiley

ATTEST:

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Jill Marlow, Benton County Auditor

County Engineer Myron Parizek discussed the land value on W28 for the remaining acquisition of property south of Atkins. Parizek stated that they initially looked at land values for this area back in 2012 and made purchase offers based on $12,700 per acre. Land values have since changed and Parizek questioned what the county should offer the land owners for an acquisition price. Supervisor Hertle stated that he believes it should all be treated the same. Supervisor Wiley agreed and told Parizek to stay with $12,700 per acre basis.

Moved by Hertle, seconded by Wiley, to rescind the motion of September 22, 2015, setting a bid letting date and time of October 6, 2015, at 9:30 a.m. for project L-BE-01-15 and further to set October 13, 2015, at 10:00 a.m. as the date and time for the bid letting of project l-BE-01-15. All members voting aye thereon. Motion carried.

Benton County Attorney David Thompson discussed a rough draft for a lease with the Iowa Braille and Sight Saving School for office space for the Department of Human Services. Thompson stated that the draft is not to be made available to the public at this time. The lease is for 10 years with two options to renew for five years each. Thompson requested that a board member help him facilitate these lease agreements. Supervisor Frese volunteered to help Thompson with the lease agreements. No action was taken.

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

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Donald H. Frese, Chairman

ATTEST:

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Gina Edler, Benton County Deputy Auditor