Government : Benton County Board of Supervisors Minutes 10/6/15

October 6, 2015

The Benton County Board of Supervisors met in regular session with Supervisors Hertle and Wiley present. Supervisor Frese was absent. The meeting was called to order at 9:00 a.m.

Moved by Wiley, seconded by Hertle, to approve the minutes of September 29, 2015. All members voting aye thereon. Motion carried.

Moved by Wiley, seconded by Hertle, to approve 37.5 hours of vacation carry-over requested by Ed Watts. Said carry-over is to be used no later than December 31, 2015. Both members voting aye thereon. Motion carried.

Moved by Wiley, seconded by Hertle, to approve the September 30, 2015 Quarterly Reports filed by the sheriff, recorder, and auditor. Both 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 Jeffrey and Debra Ralston. Marc Greenlee presented the technical information in accordance with the Benton County Agricultural Land Use Preservation Ordinance. The change in use is for approximately 3 acres located in the NW1/4 of 25-85-9. The request is to change the classification to a single residential use. A new septic and well will be needed for the residence. Hearing no 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 3 acres for a residential purpose on a parcel generally described as being located in the N1/2 of the NW1/4 of Section 25-85-9. Both members voting aye thereon. Motion carried.

Carol Zander, Benton County Social Services, presented a revised Memorandum of Understanding (MOU) for consideration by the board. The revision requires an appeal process be implemented for the income offset program in which Benton County currently participates. Zander explained that a change to the Iowa Administrative Code in February 2015 requires the appeal procedure. Moved by Wiley, seconded by Hertle, to adopt Resolution #15-75. Voting aye were Hertle and Wiley. Nays none. Motion carried.

RESOLUTION #15-75

MEMORANDUM OF UNDERSTANDING

between

The Iowa Department of Administrative Services State Accounting Enterprise

And

Benton County

for

Participation in the INCOME OFFSET PROGRAM

WHEREAS, Benton County has entered into an agreement with the Iowa Department of Administrative Services State Accounting Enterprise for participation in the income offset program; and

WHEREAS, the Iowa Administrative Code was amended in February 2015 wherein an appeal process is now required as a part of the income offset program; and

WHEREAS, the Board believes that participation in the program is beneficial to Benton County,

NOW, THEREFORE BE IT RESOLVED by the Benton County Board of Supervisors that Benton County enters into a Memorandum of Understanding between the Iowa Department of Administrative Services State Accounting Enterprise and Benton County for Participation in the Income Offset Program. Said Memorandum provides for appeal procedures within said program.

PASSED and APPROVED this 6th day of October 2015.

____________________________________

Terry L. Hertle, Vice-Chairman

____________________________________

Todd Wiley

ATTEST:

_____________________________________

Jill Marlow, Benton County Auditor

Moved by Wiley, seconded by Hertle, to approve and file the quarterly report submitted by General Assistance for the quarter ending September 30, 2015. Both members voting aye thereon. Motion carried.

Moved by Wiley, seconded by Hertle, to approve and sign the purchase agreement for temporary and permanent easement and the purchase of real property all for road right-of-way as follows:

Brad Ferguson: two tenths of an acre (.20) of permanent easement ($1000) , thirty-one hundredths plus one-tenth of an acre of temporary easement ($155); and damages ($200) for a total price of $1,405.00 all located in the SW1/4 of the SW1/4 of 25-85-9. Easements are needed for project #LFM-BE—7X-06, box culvert on 61st St. Lane.

Delores Keiper: sixty-four hundredths (.64) of an acre located in the NE1/4 of the SE1/4 of 23-83-9 of property purchased by deed in the amount of $8,130.00. Purchase is need for right-of-way along W28 south of Atkins.

Both members voting aye thereon. Motion carried.

The board discussed the draft of an ATV/UTV ordinance. The county attorney provided revised language for several sections at the board’s request: the Repealer Section was deleted and the penalty section was changed to reflect that it followed the Iowa law for simple misdemeanors. The county attorney was concerned about the enforcement of the section allowing ATVs/UTVs

on hard-surfaced roads – stating that anyone stopped would state they were just travelling on the hard-surfaced road to the next intersection with a gravel road. Supervisor Wiley stated that a patrol officer could follow the ATV/UTV and watch to see if the passed an intersection with a gravel road and then conduct a stop. Discussion included the adoption of a resolution allowing ATVs/UTVs on county roadways but only on limited roads and on a limited basis allowing for a test run prior to adoption of a full ordinance. The requirement for a study on the traffic conditions was also discussed. The county engineer stated that there is no definition for traffic conditions and that he was reaching out to other counties that had adopted an ordinance to gain more direction. The county attorney expressed his overall opposition to the ordinance and advised that the Benton County Health Board and the Benton County Peace Officers Association would be meeting later in the month and that they could submit a statement of position concerning the ordinance to the board. Jim Fleming, a member of the public, stated that he was in support of an ordinance allowing ATVs/UTVs on county roadways but not on hard-surfaced roads but also stressed that all things need to be considered for the protection of everyone. The matter was placed on the October 27, 2015, agenda at 10:00 a.m. for further discussion and/or action.

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

____________________________________

Terry L. Hertle, Vice-Chairman

ATTEST:

_____________________________________

Jill Marlow, Benton County Auditor