Government : Benton Co. Board of Supervisor minutes, April 5

April 5, 2016

The Benton County Board of Supervisors met in regular session with all members present. The chair called the meeting to order at 9:00 a.m.

Unless otherwise noted, all actions were approved unanimously.

Wiley moved/Hertle seconded: Approve minutes of March 29, 2016. Motion Carried.

Hertle moved/Wiley seconded: to approve handwritten check for medical examiner training. Motion carried.

Wiley moved/Hertle seconded: to approve Auditor’s Quarterly Report for January - March 2016.

Hertle moved/Wiley seconded: to Approve Resolution #16-27 Variance to the Benton County Subdivision Ordinance. Motion Carried.

RESOLUTION #16-27

Variance to the Benton County Subdivision Ordinance

WHEREAS, Benton County adopted the Benton County Subdivision Ordinance #61; and

WHEREAS, said ordinance prohibits the creation of multiple splits within a 40-acre aliquot part; and

WHEREAS, said ordinance sets forth the minimum requirements and improvements for subdivisions created in the unincorporated area of Benton County; and

WHEREAS, a request has been presented to the Board of Supervisors to vary a part of the requirements of the ordinance to allow one additional division on a parcel located in the NE/4 of the NE1/4 of 27-82-10, due to hardship,

NOW THEREFORE BE IT RESOLVED by the Benton County Board of Supervisors that the requirements of Ordinance #61 are hereby varied in its entirety for one additional division of real property located in the NE ¼ of the NE ¼ of 27-82-10.

Strict adherence to the requirements of the subdivision ordinance would create an undue hardship for the following reason(s):

1. The additional lot being created is a part of the yard for the existing house, and is currently being maintained by the Stramer’s. No further land is being taken out of production and no new residence are allowed.

2.

Adopted this 5th day of April 2016.

____________________________________

Donald H. Frese, Chairman

____________________________________

Todd Wiley

____________________________________

Terry L. Hertle

ATTEST:

_____________________________________

Hayley Rippel, Deputy Benton County Auditor

Wiley moved/Hertle seconded: Sign order affirming removal of a dangerous animal from Carol Offerman’s residence. Motion carried.

The time of 9:15 a .m. having arrived, the board opened the public hearing on a land use change requested by Robert and Denise Cue. One media was present along with both Robert and Denise Cue. Marc Greenlee presented the technical information in accordance with the Benton County Agricultural Land Use Preservation Ordinance. The change in use is for approximately 1 acre located in the NE1/4 of the NE1/4 of 27-82-10. The request is to change the classification to a single residential use. 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 1 acre for a residential purpose on a parcel generally described as being located in the NE1/4 of the NE1/4 of Sec. 27-82-10. All members voting aye thereon. Motion carried.

The time of 9:30 a.m.having arrived, and this being the time and date for a land use hearing for Jason Karr in part of the NE SE of 2-85-9. Marc Greenlee presented the technical information with the Benton County Agricultural Land Use Preservation Ordinance. Karr would like to place a manufactured home on parcel owned by his grandmother Lorena Karr’s residence. Needs new septic, but can connect to the same well. Will use the existing driveway and met all other requirements. Hertle moved/Wiley seconded: To approve land use change for Jason Karr to place a manufactured home on an existing residence in part of the NE SE of 2-85-9. Motion carried.

Motion Wiley/Hertle seconded: Sign certification letter for Benton County’s $300.24 in-kind match for Multi-Jurisdictional Hazard Mitigation Plan Update grant. Motion Carried.

Hertle moved/Wiley seconded: Approve $16,500 Disbursement of economic development loan to Frontier Natural Products. Motion Carried.

Jill Marlow, County Auditor explained to the board how the current Resolution #15-65 reads and what she would like clarified and added so that it will include other pertinent documentation to be destroyed.

Hertle moved/Wiley seconded: To approve disposal of records for Benton Commerce Village water/sewer construction project, and also the 2008 flood (FEMA) documentation. Motion carried.

Wiley moved/Hertle seconded: Adopt Resolution #16-28 Amending Resolution #15-65. Motion carried.

RESOLUTION #16-28

AMENDING RESOLUTION #15-65

RECORD RETENTION POLICY FOR COUNTY AUDITOR’S OFFICE

WHEREAS, the Benton County Board of Supervisors adopted Resolution #15-65 on August 11, 2015, and subsequently amended it with Resolution #15-86, on December 1, 2015; and

WHEREAS, the Auditor has requested that said Resolution be amended to allow for the destruction of grant-related documents with no specified retention period as well as the destruction of cigarette permits,

NOW THEREFORE BE IT RESOLVED that Resolution #15-65, as amended by Resolution #15-86, is hereby amended as follows:

Cigarette Permits & Related Documents – Retain for 5 years and then destroy

Grant-related Records – Documents are to be retained for the required period set forth in the grant contract or for the standard period of time established by the granting agency, i.e. FEMA (3 years from close-out), DHS (3 years from close-out), CDBG (5 years from close-out). If no retention requirement is known then retain records for 7 years after grant close-out. Destruction of any grant-related records may only be done if there is no pending litigation, claims, audit, negotiation, or other action involving the records.

The remaining resolution, as amended, remains in full force and effect.

Signed this 5th day of April, 2016

_____________________________________

Donald H. Frese, Chairman

_____________________________________

Todd Wiley

______________________________________

Terry L. Hertle

ATTEST:

_____________________________________

Hayley Rippel, Deputy Benton County Auditor

.

Hertle moved/Wiley seconded: Approve disposal of records for Benton Commerce Village water/sewer construction project from the 2008 flood (FEMA). Motion carried.

Hertle moved/Wiley seconded: Sign notice of intent not to renew Managed office agreement between Benton County and Erb’s Technology Solutions. Motion carried.

No action taken on the ATV ordinance. Concerned citizen, Bob Ohlen felt the proposed ordinance was too limiting in by eliminating Level B and Level C roads. In his particular situation he’d be land locked. Hertle states that Benton is using the Buchanan county ordinance as a model. Wiley felt that those who live on roads that are excluded from the ordinance should be allowed to ride on that road until the closest available unrestricted road. Supervisor Frese added that each individual town will have to designate their own routes, so we will have to wait and see what they do. For now Hertle said Level C roads should stay off limits. County Engineer Myron Parizek explained the difference between Level B and C roads , with Level C having gates to restrict access. Frese apologized for how long this is taken, but trying to do it the correct way. Wiley pointed out the difficulties in amending an ordinance once it is in place, therefore we need to get it right the first time. The ordinance will need to serve our county’s residents first. The Boards intends is to have these changes in place and adopt the Ordinance in next week’s meeting.

The time of 9:45 a.m. having arrived, and this being the time and date for a land use hearing for Amending FY16 County Budget. The Board took up the matter for consideration. County Auditor, Jill Marlow went over the details. Having no further comments, It was moved by Hertle , seconded by Wiley to close the hearing and adopt Resolution # 16-29 Amending FY 16 Budget. Motion carried.

RESOLUTION #16-29 Amending FY 16 Budget

BE IT REMEMBERED on this, the 5th day of April 2016, the Board of Supervisors of Benton County, Iowa, met in session for the purpose of hearing on an amendment to the current operating budget adopted on March 10, 2015. There was a quorum present as required by law. Thereupon, the Board found that the notice of time and place of the hearing had been published. Thereafter, and on said date the amendment was taken up and considered. Thereafter, the Board took up the amendment to the budget for final consideration and determined that said budget be amended as follows:

Expenditures Amendment

Public Safety $ +6,500

Physical Health & Social Services $+39,805

Mental Health $ 0

County Environment & Education $+160,793

Roads & Transportation $+250,000

Government Services to Residents $ 0

Administration $ 0

Debt Service $ 0

Capital Projects $+50,000

Operating Transfers Out $ 0

REVENUES Amount

Intergovernmental $+782,000

Licenses & Permits $ 0

Charges for Services $-555,000

Use of Money & Property $+130,000

Miscellaneous $+287,000

General Long Term Debt Proceeds $ 0

Operating Transfers – In $ 0

Proceeds of Fixed Assets $ 0

General Long Term Debt Proceeds $ 0

Dated this 5th of April 2016..

_____________________________________

Donald H. Frese, Chairman

_____________________________________

Terry L. Hertle

______________________________________

Todd A. Wiley

ATTEST:

_____________________________________

Hayley Rippel, Deputy Benton County Auditor

The engineer discussed the 2016 summer dust control program provided by secondary roads. It is less than last year. The engineer advised that he had calculated the costs of applying a dust control product and was recommending that the board approve the costs that he developed. Moved by Hertle, seconded by Wiley, to approve the cost of MC-70 dust control applied by Benton County Secondary Roads for the summer of 2016 at $1,000.00 for two applications of 400 feet each. The cost per additional foot is set at $1.70 per foot for two applications. Dust control permits are to be submitted no later than May 6, 2016. All members voting aye thereon. Motion carried

Wiley Moved/ Hertle seconded: to approve and sign purchase agreement(s) for temporary and permanent easements for the Iowa Department of Transportation Bridge Replacement Project BROS-C006(100)-8J-06 in Leroy Township. Motion carried.

Wiley moved/Hertle seconded: To adjourn. Motion carried.

____________________________________

Donald H. Frese, Chairman

ATTEST:

_____________________________________

Hayley Rippel, Benton County Deputy Auditor