Government : Benton County Board of Supervisor minutes/claims paid, Sept. Oct. 13

.

October 13, 2015

Click HEREto see a 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 October 6, 2015, with corrections. Further, to amend the minutes of September 1, 2015, to change the name of Elana Johnson to Elana Janss for the action appointing medical examiner-investigators. All members voting aye thereon. Motion carried.

Moved by Wiley, seconded by Hertle, to approve vendor checks numbered 216386 through 216646, payroll checks numbered 138415 through 138426, and ACH payments numbered 25435 through 25566, for payment. All members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Wiley, to approve the request submitted by the Vinton Parks and Recreation to use the courthouse lawn on October 31, 2015, for the children’s Halloween activities. There is to be no vehicles on the courthouse premises, except for temporary loading/unloading and in no event should motorized vehicles be driven on grassy areas, no-smoking is to be enforced by Vinton Parks and Recreation, and the premises are to be cleaned up after the event. 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 Brian and Renelda Baldus. 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 E1/2 of the NE1/4 of the NW1/4 of 34-86-10. The request is to change the classification to a commercial use to allow for a kennel to board dogs. The proposed use is for a 40 x 60 building that would house twelve kennels. A new septic would be needed for the business but the existing well would be used. The applicant stated that no dogs would be allowed outside and only one dog would be allowed to exercise at a time to reduce the potential for barking. The building and operation would be constructed and operated to reduce the noise from barking dogs. The kennels would have solid side walls and other sound protection measures. Comments were heard from adjacent property owners with concerns about the noise. However, if there is no noise then there were no objections. Hearing no further comment, it was moved by Hertle, seconded by Wiley, to approve the request for a land use change from agricultural to non-agricultural on approximately 2 acres for a commercial purpose on a parcel generally described as being located in the E1/2 of the NE1/4 of the NW1/4 of 34-86-10. All members voting aye thereon. Motion carried.

The time of 9:30 a.m. having arrived, the board opened the public hearing on a land use change requested by Jeremy and Mandi Boots. 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 NE1/4 of the SW1/4 of 24-85-9. The request is to change the classification to a single residential use. A new septic, which may need to be non-conventional, and a well would be needed for the residence. The land is currently owned by family members. 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 NE1/4 of the SW1/4 of 24-85-9. All members voting aye thereon. Motion carried.

Moved by Wiley, seconded by Hertle, to adopt Resolution #15-76. Voting aye were Frese, Hertle, and Wiley. Nays none. Motion carried.

RESOLUTION #15-76

TRANSFER OF FUNDS

BE IT RESOLVED by the Benton County Board of Supervisors that the following interfund funds are ordered:

Tax Increment Fund (TIF) to Secondary Roads - $8,424.33

The auditor is authorized to make the necessary adjustments to the FY16 budget.

Dated this 13th day of October 2015.

_____________________________________

Donald H. Frese, Chairman

_____________________________________

Terry L. Hertle

______________________________________

Todd Wiley

ATTEST:

_____________________________________

Jill Marlow, Benton County Auditor

Moved by Hertle, seconded by Wiley, to suspend taxes on parcel #030-24975, pursuant to Iowa Code section 427.9. All members voting aye thereon. Motion carried.

Moved by Wiley, seconded by Hertle, to approve the treasurer’s monthly and quarterly report for the period ending September 30, 2015. All members voting aye thereon. Motion carried.

The board did not take action on the request to revise their action taken on October 6, 2015, approving the vacation carry-over requested by Ed Watts. The action of October 6, 2015, remains in effect.

Supervisor Wiley spoke about the Middle Cedar Watershed Management Authority and whether Benton County should be the lead county. Wiley stated that he had been researching what was required of the lead county had not gotten a clear understanding. Wiley spoke about the proposed 28E agreement, which does not create a separate legal entity and whether a separate entity should be created. Wiley stated that he would attempt to gather more information about the duties and expectations of a lead county and suggested the board wait to take action. A meeting on the watershed management authority is scheduled for October 21, 2015, at which time Wiley hopes to gain a better understanding.

The county engineer presented a Record of Construction and Material Bids for the grading project #L-BE-01-15, which is a part of the Oak Grove Road project. Bid totals were as follows:

Hatch Grading & Contracting, Dysart, Iowa - $527,378.00

Reilly Construction Co., Inc. – Ossian, Iowa – 726,106.00

Tschiggfrie Excavating, Dubuque, Iowa – 871,371.10

Rathje Construction Co., Marion, Iowa – 672,30,3.80

The board discussed the bids and the various differences. Moved by Wiley, seconded by Hertle, to award the bid for the grading project #L-BE-01-15, to Hatch Grading & Contracting in the amount of $527,378.00. The project has a 35-day completion with an approximate finish date sometime during the first week of December 2015. All members voting aye thereon. Motion carried.

The engineer spoke with the board about the need for an amendment to his capital projects budget. The engineer stated that with the projects being bid and planned yet this fiscal year that additional spending authority will be needed. The board was not opposed to amending the engineer’s budget, but stated that the amendment should occur later in the fiscal year.

Supervisor Wiley questioned the engineer about the study on traffic conditions required for the ATV/UTV ordinance. The engineer stated that Mitchell County did not do a study and that he planned to speak with Cedar and Washington Counties on October 14, 2015.

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

_______________________________

Don Frese, Chairman

ATTEST: _________________________________

Jill Marlow, Auditor