Government : Benton County Board of Supervisors Minutes 1/6/16

January 6, 2016

The Benton County Board of Supervisors met in regular adjourned 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 January 4, 2016. All members voting aye thereon. Motion carried.

Moved by Hertle to adopt the Construction Evaluation resolution for 2016. The board discussed the pros and cons of performing evaluations and determined that more information was needed. Hertle subsequently withdrew his motion.

Moved by Hertle, seconded by Wiley, to appoint the following members to the respective boards for 2016. All members voting aye thereon. Motion carried.

North Benton Family Resource Center (HACAP) - Supervisor Hertle

Regional HACAP –Supervisor Hertle

Emergency Management Commission - Supervisor Wiley

Supervisor Hertle, Alternate

Resource Enhancement & Protection (REAP) - Supervisor Frese

Solid Waste Disposal Commission Advisory Board - Supervisor Hertle

Supervisor Frese, Alternate

Supervisor Wiley, Alternate

County Conference Board - Supervisor Wiley

Supervisor Frese

Supervisor Hertle

Benton County Health Board – Supervisor Frese, Ex-Officio

6th Judicial District Department of Corrections – Supervisor Hertle

Workforce Development - Supervisor Frese

Eastern Iowa Tourism – Supervisor Wiley

Supervisor Frese, Alternate

Supervisor Hertle, Alternate

North Iowa Juvenile Detention – Supervisor Hertle

Supervisor Frese, Alternate

Area Substance Abuse Council (ASAC) – Supervisor Frese

Benton County Conservation – Supervisor Wiley, Ex-Officio

Regional Mental Health – Supervisor Frese

Moved by Wiley, seconded by Hertle, to authorize the chair to sign a Statement of Non-Issuance of Certificate of Occupancy for 2016. All members voting aye thereon. Motion carried.

BENTON COUNTY

STATEMENT OF NON-ISSUANCE

OF CERTIFICATE OF OCCUPANCY

“Benton County has not currently adopted building codes and does not perform inspections of structures located in the unincorporated area of the county.

Therefore, Benton County does not issue a certificate of occupancy for said structures.

Further, Benton County does not guarantee that any structure complies with any building codes and does not accept any liability, express or implied, regarding such structure.

If the property is located within the corporate limits of any city situated in Benton County, you are directed to contact that city regarding this matter.”

Moved by Wiley, seconded by Hertle, to appoint Benjamin Bonar as Benton County Weed Commissioner for 2016. All members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Wiley, to appoint the following persons to the Benton County Eminent Domain for 2016. All members voting aye thereon. Motion carried.

EMINENT DOMAIN

Licensed Real Estate Sales Person or Real Estate Broker

Denise Weeda

Danny Kaestner

Gloria Feuerbach

Shannon Feuerbach

Carmie Behrens

Wayne Siela

Kathy Tranel

Marion Schminke

Persons Having Knowledge of Property Values by Reason of Occupation

Roger Schlarbaum

Carol Goodchild

Jeff Geiger

Dave Coulter

Harold Knaack Jr.

Melissa McBride

Kristina Kremer

Owner-Operator Agricultural Property

Bonnie Sanders

Elaine Harrington

David Rhinehart

John Elwick

Wayne Riley

Todd Hennings

Brenda Schanbacher

Owners of City or Town Property

Darold Sindt

Jeff Kelly

Kathy Van Steenhuyse

Janice Eldred

Larry Weeda

Connie Ogier

Lloyd Benson

Moved by Wiley, seconded by Hertle, to appoint Elaine Harrington, Mark Kotouc and Larry Beatty to the Benton County Zoning Commission for three year terms. All members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Wiley, to appoint Myron Parizek to the Eastern Iowa Airport Zoning Board. All members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Wiley, to appoint Brian Robinson, Ilene Kreider, and Douglas Mehlhaus to the Pioneer Cemetery Commission. All members voting aye thereon. Motion carried

Moved by Hertle, seconded by Wiley, to appoint Myron Parizek as Benton County Engineer for one year. All members voting aye thereon. Motion carried.

No action was taken on appointing members to the Benton County Solid Waste Commission.

Moved by Wiley, seconded by Hertle, to appoint Dave Fish, Kristina Kremer, Marlyn Jorgensen, Patrice Shakespeare, and Jay Herman to the Benton County Development Group Board. All members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Wiley, to appoint Jennifer Zahradnik as Benton County Civil Rights Coordinator. All members voting aye thereon. Motion carried

Moved by Hertle, seconded by Wiley, to appoint David Martin to the Benton County Health Board. All members voting aye thereon. Motion carried.

Moved by Wiley, seconded by Hertle, to appoint Don Krug to the Benton County Civil Service Commission. All members voting aye thereon. Motion carried.

Moved by Wiley, seconded by Hertle, to appoint Daniel Gibbins to the Benton County Conservation Board. All members voting aye thereon. Motion carried.

No action was taken on appointing members to the Integrated Vegetation Roadside Management Committee.

Moved by Wiley, seconded by Hertle, to appoint the following persons to the Benefited Fire Districts for three-year terms. All members voting aye thereon. Motion carried.

Van Horne Benefited #1 – Ronald Bossler

Keystone Benefited #2 – Tom Harty

Newhall Benefited #4 – Timothy Rathje

Ben-Linn Benefited #3-#5 – James Keiper

Moved by Hertle, seconded by Wiley, to appoint Supervisor Wiley as Trustee to Heartland Insurance Risk Pool Group and Jill Marlow as Alternate Trustee. All members voting aye thereon. Motion carried.

Moved by Wiley, seconded by Hertle, to appoint Ben Vierling as the Heartland Safety Coordinator for 2016. All members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Wiley, to appoint Phil Borlesky to the Benton County Historic Preservation Commission. All members voting aye thereon. Motion carried. Two vacancies remain.

Moved by Hertle, seconded Wiley, to appoint the following members to East Central Iowa Council of Governments’ Boards. All members voting aye thereon. Motion carried.

BOARD OF DIRECTORS:

Kathleen Van Steenhuyse

Don Frese, Alternate

REGION 10 PASSENGER TRANSPORTATION ADVISORY COMMITTEE

Carol Zander

REGION 10 TRANSPORTATION TECHNICAL ADVISORY COMMITTEE

Ben Vierling

Jerry Petermeier, Alternate

REGION 10 REGIONAL TRAILS ADVISORY COMMITTEE

Mark Pingenot

Moved by Wiley, seconded by Hertle, to authorize Terry Hertle to sign USDA Farm Service Agency documents on behalf of Benton County. All members voting aye thereon. Motion carried.

Moved by Wiley, seconded by Hertle, to approve the request of Dan Higdon for 23 hours of vacation carry-over to be used no later than February 29, 2016 (employee requested date). All members voting aye thereon. Motion carried.

Moved by Wiley, seconded by Hertle, to amend the current lease agreement between Benton County and the Cedar Valley Ranch. All members voting aye thereon. Motion carried.

BENTON COUNTY

BUSINESS LEASE AGREEMENT

AMENDMENT #2

WHEREAS, Benton County, Iowa (“Landlord”) and Cedar Valley Ranch, Inc. (“Tenant”) entered into a Business Lease Agreement on the 10th day of February 2006, and amended on April 6, 2010; and

WHEREAS, said Business Lease Agreement expires on June 30, 2016; and

WHEREAS, the Tenant has requested a year-by-year renewal on the terms of the lease; and

WHEREAS, the Landlord has requested a change in insurance limits;

WHEREAS, the parties have come to an agreement which requires an amendment to the Business Lease Agreement to be signed and executed,

NOW THEREFORE BE IT RESOLVED that the BENTON COUNTY BUSINESS LEASE AGREEMENT AMENDMENT #1 between Benton County and Cedar Valley Ranch, Inc. as set forth below is hereby approved and the chair is authorized to sign said amendment:

Section 6.1 Insurance.

Paragraph 3. General Liability Coverage with limits not less than 2,000,000 underlying and $1,000,000 umbrella.

Section 2.1 Term of Lease.

The initial term of this Agreement shall be for a period of three (3) years, commencing on July 1, 2006, unless terminated earlier by either party in accordance with the attached Benton County Provider and Program Participation Agreement. There shall be one (1) two (2) year extension available if agreed to by both Landlord and Tenant. Thereafter the Tenant shall be allowed to renew the lease year-by-year. In the event, Tenant desires to renew this Agreement, written notice shall be served upon the Landlord at least six and one-half months prior to the end of the lease period that is in effect at that time.

All other Sections of the Business Lease Agreement and the Provider and Program Participation Agreement shall remain unchanged.

Benton County, Landlord: Cedar Valley Ranch, Inc., Tenant:

_____________________ _______________________________

Board Chairman (signature) Board Chairman (signature)

Donald H. Frese______________ _______________________________

(Typed) (Typed)

Date: ________________________ Date: ____________________________

Attest: _______________________

Benton County Auditor

Moved by Wiley, seconded by Hertle, to approve the following applications for Suballocated Regional STP Funds:

City of Urbana – Sunset Street between Ash Avenue and I380: Fund “yes”; Federal Limit “$193,600”

City of Urbana – Hwy 150 and Hutton Drive intersection improvements: Fund “yes”; Federal Limit “$246,400”.

No other applications were received for the county’s allocation of $752,242 and therefore prioritization is given to both projects. All members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Wiley, to adopt Resolution #16-3. Voting aye were Free, Hertle, and Wiley. Nays none. Motion carried.

RESOLUTION #16-3

SERVICE AREA BUDGET AMENDMENT

WHEREAS, the Benton County Board of Supervisors adopted the FY2016 budget on March 10, 2015; and

WHEREAS, the Board now desires to amend said budget within a service area to reallocate funds;

NOW, THEREFORE BE IT RESOLVED by the Benton County Board of Supervisors that the FY2016 county budget is hereby amended within the following service areas:

Service Area 0 - $1.00 (one dollar) from Function 0100 (Fund 2000 Department 55) to Function 0110 (Fund 0040 Department 55)

IT IS FURTHER RESOLVED that said funds are hereby appropriated.

The auditor is directed to make the necessary changes.

Signed this 6th day of January 2016.

_____________________________________

Donald H. Frese

______________________________________

Terry Hertle

______________________________________

Todd Wiley

ATTEST:

_____________________________________

Jill Marlow, Benton County Auditor

Moved by Wiley, seconded by Hertle, to appoint Gina Edler as a global administrator of the county website. All members voting aye thereon. Motion carried.

Moved by Wiley, seconded by Hertle, to approve the auditor’s and sheriff’s quarterly reports for the period ending December 31, 2015. All members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Wiley, to acknowledge and accept the resignation of Brenda Sutton, effective December 31, 2016. Sutton is a deputy in the auditor’s office and is retiring. The resignation is accepted with regret. All members voting aye thereon. Motion carried.

Moved by Wiley, seconded by Hertle, to approve the request from Iowa One Call to waive the fees collected for GIS data. All members voting aye thereon. Motion carried.

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

_______________________________

Donald H. Frese, Chairman

ATTEST: _________________________________

Jill Marlow, Benton County Auditor