Government : Board of Supervisor Minutes 11/10/15

November 10, 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 Wiley, seconded by Hertle, to approve the minutes of November 3, 2015. All members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Wiley, to approve vendor checks numbered 216771 through 216971, payroll checks numbered 138440 through 138452, and ACH payments numbered 25704 through 25835, for payment. All members voting aye thereon. Motion carried.

The Board proceeded with the canvass of the November 3, 2015, Regular City Election.

The time of 9:05 a.m. having arrived, the board proceeded with canvassing the November 3, 2015, regular City Election. Having reviewed all results, it was moved by Wiley, seconded by Hertle, to approve the canvass of the November 3, 2015, City Election, and declare the winners so elected. Moved by Hertle, seconded by Wiley that write-ins for Stephen Beck and Steven Beck are to be counted as Steve Beck. All members voting aye thereon. Motion carried. Moved by Wiley, seconded by Hertle that write-ins for Jeffery Whitson, Jeff Whitson and Jeff Witson are to be counted as Jeffrey Whitson. All members voting aye thereon. Motion carried. Moved by Hertle, seconded by Wiley that write-ins for Richard Franklin are to be counted as Rich Franklin. All members voting aye thereon. Motion carried. Moved by Wiley, seconded by Hertle that write-ins for Nancy Thorgildso, Nancy Torkelson, Nancy Thorkildso, Nancy Thorlidson, Nancy Thorkloson, Nancy Thoroldson, Nancy Thorkilson, Nancy Torlkleson, Nancy Thordkilson, Nancy Thorkild, Nancy Torkelnsen, Nancy Thorkason, Nancy Torkilson, Nancy Thorkinson, and Nancy Thorkeldson are to be counted as Nancy Thorkildson. All members voting aye thereon. Motion carried. Moved by Wiley, seconded by Hertle that write-ins for Donald D. Swanson and Donald Swanson are to be counted as Don Swanson. All members voting aye thereon. Motion carried.

City of Atkins: Council: Rodney Haerther and Tim Harbach Council-Vacancy: Nathan Shepard

City of Belle Plaine: Mayor: David Fish Council at Large: Mary T. Pech District 2:Steve Beck Park Commissioner: Rich Franklin

City of Blairstown: Mayor: Rodney C. Kubichek Council: Scott A. Metz and Nick Mokas

City of Garrison: Mayor: Allan Lindsey Council: Doug Kearns and Marvin Trimble Jr.

City of Keystone: Mayor: Michael Seeck Council: Michael L. Kaiser and Richard Loy

City of Luzerne: Mayor: John W. Brandt Council: Ryan Rupp, Lorin J. Potter, Kelly Kendall, Dwight Glinsmann and Rick Rupp

City of Mt. Auburn: Mayor: Jeffrey Whitson Council: Justin Hendryx, Marty Kramer, Michelle Oldfather, Dean Vrba and Michelle Docherty

City of Newhall: Mayor: Jan Mattson Council: Doug Boddicker, Bill Much, Ruby Carolan, Gerald Gessner and Douglas Charles Rinderknecht

City of Norway: Mayor: Martin Schulte Council: Jay S. Hahn and Loras Schulte

City of Shellsburg: Mayor: Danny Roehr Council: Tim Peters and Nancy Thorkildson

City of Urbana: Mayor: E. Duane Eldred Council: Jamie Duart, Mike Smith and Richard Wendel

City of Van Horne: Mayor: Martin J. Junge Council: Connie Donald and Henry R. Hoopes

City of Vinton: Mayor: John R. Watson Council at Large: Tamara S. Stark Council at Large-Vacancy: Brian Parr District 2: F. Ronald Elwick District 3-Vacancy: Zachary Ryan Parmater District 4: Nathan Hesson

Vinton Public Measure A: Shall the City of Vinton, in the County of Benton, State of Iowa, be authorized to establish a Municipally-Owned cable communications or television system (including video, voice, telephone, data and all other forms of telecommunications and cable communications) Utility?: Passed

Vinton Public Measure B: Shall the management and control of the Municipally-Owned cable communications or television system, telephone or telecommunications system (including video, voice, telephone, data and all other forms of communications and cable communications) be placed in the Board of Trustees of the Vinton Municipal Utilities consisting of trustees who serve as the Board of Trustees for the municipal electric utility?: Passed

City of Walford: Mayor: Randy Bauer Council: Michael D. Huber, Jeff Kane and Jesse Bergmeier

County Conservation Executive Director Matt Purdy met with the board to provide an update on the status of the projects his department has been working on. The Federal Recreation Trails grant for $180,000.00 the Department of Transportation has approved, the local letting will be the end of December; Purdy hopes to get the trails done in spring. Purdy is looking at the addendum with the employee handbook for the Conservation Department making sure it is up to date with the new employee handbook; he is going to try sending a draft to the Auditor’s office this week. The department is looking at online cabin reservations. Purdy stated that it will have more accountability. The employees won’t have access to the credit card information that is entered online. Yurt construction is underway, 1 is completed. The department will have some land donated to them. It is about an 8 acre buffer strip adjourning Tara Hills. Supervisor Hertle questioned if they will allow hunting on the land since it is so close to the golf course. Purdy stated the Conservation Board will decide on that.

Mike Benson, Kari & Josh Burkhart, Jeff Bahr, Mark Merchant, Myron Parizek and Mike Scarrow met with the Board to discuss the current nepotism policy. Mike Benson started by stating that Josh Burkhart and his daughter, Kari, got married on October 3, 2015. Under the current nepotism policy Josh and Mike, would not be able to work in the same department even though they don’t directly work together, they don’t see each other all the time and they report to 2 different supervisors. He questioned why this would even be a problem. He doesn’t believe this falls in the nepotism category because he didn’t hire Josh or set his wages, he doesn’t work for Josh and vice versa. Mike has worked for the county for about 35 years, he is planning on retiring in a few years, if they would have known that it would be a possibility for Josh to lose his job, Josh and Kari would have waited to get married until after Mike retired. Supervisor Wiley stated that it is nepotism because the current county handbook states it is nepotism. Mike stated he has never seen or been given a handbook. Parizek stated that in 1998 Mike Benson signed a piece of paper with the Auditor’s Office stating he received a county handbook. Wiley said the county’s policy on nepotism is more restrictive than the State, he doesn’t like it. Mike asked who would have the authority to allow Josh to keep his job. Parizek was told by the County Attorney, Dave Thompson that the Board could make exceptions to this policy. Mike Scarrow Union Representative, spoke with the Attorney for the Union and he stated that nepotism policies are put into place to stop someone with power given opportunities and stop favoritism. Scarrow stated that Mike Benson has no authority over Josh Burkhart. The Union has started the grievance termination process and is ready to follow through with arbitration of grievance termination. Scarrow made a formal request to receive a copy of the current employee handbook. Josh and Kari were dating at the start of Josh’s employment and Parizek had knowledge of the relationship. Supervisor Hertle stated this is the first he knew about this issue, he questioned Josh if he knew there was a possibility he could lose his job if they got married, Josh replied Yes/No. The policy states that after 60 days of the marriage the employee with less seniority in the county will be terminated. Hertle told them that he wishes they would have come in sooner. Parizek gave Josh Burkhart a letter on November 4, 2015 telling him of the 60 day notice and the deadline being December 3, 2015, so this was the earliest they could get on the board’s agenda. Board wants to seek legal counsel from the County Attorney before moving forward with this matter. Supervisor Hertle is to speak with the County Attorney and this matter is to be put back on the Board’s agenda for November 17, 2015.

Moved by Wiley, seconded by Hertle, to allow the use of the courthouse lawn by Vinton Unlimited for the holiday tree lighting on November 19, 2015, and to display 2 10-14 feet tall trees, from Kacena Tree Farm. There are to be no lights placed in the trees, no lights placed on the courthouse, no interference with courthouse snow removal, and the decorations are to be removed promptly dependent upon weather. Further, the board gives approval to use the first floor of the courthouse the evening of November 19, 2015, for activities by Vinton Unlimited. All members voting aye thereon. Motion carried.

Moved by Wiley, seconded by Hertle, to approve a utility permit requested by ECI REC to place utility lines in the county’s right-of-way in Benton Township Section 25. All members voting aye thereon. Motion carried.

Moved by Wiley, seconded by Hertle, to adopt Resolution #15-79. Voting aye were Frese, Hertle, and Wiley. Nays none. Motion carried.

R E S O L U T I O N #15-79

BE IT RESOLVED by the Benton County Board of Supervisors that the following described Secondary Road be closed for CONSTRUCTION effective from November 10, 2015, through the completion of the project.

From 54th Street thence south 1.0 mile to 55th Street (Hwy 150) along 29th Avenue in Polk Township.

Signed this 10th day of November 2015.

BENTON COUNTY BOARD OF SUPERVISOR’S

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Chairperson _______________________________________

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ATTEST: ______________________________

Auditor

Moved by Hertle, seconded by Wiley, to adopt Resolution #15-80. Voting aye were Frese, Hertle, and Wiley. Nays none. Motion carried.

RESOLUTION #15-80

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:

STC-5034 0.4 mile south of the NW corner of section 24-82N-10W (St. Clair Township) on 27th Avenue

Signed this 10th day of November 2015.

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Chair, Board of Supervisors

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ATTEST: ____________________________________

Auditor

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

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Donald H. Frese, Chairman

ATTEST:

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Gina Edler, Benton County Deputy Auditor