Government : Benton County Board of Supervisor Minutes May 17. 2016

May 17, 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 May 10, 2016. Motion Carried.

Discussion was held on the old DHS Building and discussion with the County Attorney David Thompson how to proceed with intent to sell it.

Wiley moved/Hertle seconded: To have the County Attorney prepare a proposal for Realtors to list the old DHS property for sale. Motion carried.

Wiley Moved/Hertle seconded: To approve Resolution #16-37, amending Resolution #16-31 FY 16 Business Property Tax Credit. Motion carried.

RESOLUTION #16-37

AMENDING RESOLUTION #16-31

APPROVAL AND DISAPPROVAL OF FY16 Business Property Tax Credit

WHEREAS, Iowa law provides that property owners may apply for certain credits against their property tax; and

WHEREAS, the Board adopted Resolution #16-31 allowing and/or disallowing credits for the 2015 assessment year; and

WHEREAS, the assessor has submitted additional applications for the board of supervisors’ consideration; and

IT IS FURTHER RESOLVED that Resolution #16-31, Approval and Disapproval of (BPTC) Business Property Tax Credit, adopted on April 26, 2016, for the 2015 assessment year is hereby amended to reflect the following:

20011150 –-Disallowed

20003050 –-Disallowed

24024150–-Allowed

01018260–-Allowed

The remainders of Resolutions #16-31, as amended, continue in full force and effect.

Signed this 17th day of May 2016.

_____________________________________

Donald H. Frese, Chairman

_____________________________________

Todd Wiley

______________________________________

Terry L. Hertle

ATTEST:

_____________________________________

Hayley Rippel, Deputy Benton County Auditor

Hertle moved/Wiley seconded: To approve Class B Liquor License for Blairstown Sauerkraut Days beer tent. Motion carried.

The time of 9:15 a.m. having arrived, the board opened the public hearing on a land use change requested by George Saul. Saul was present. Marc Greenlee presented the technical information in accordance with the Benton County Agricultural Land Use Preservation Ordinance. The change in use is for approximately 1.44 acres on a parcel located in the SE ¼ of the SW ¼ SW ¼ of 36-86-9. The request is to change the classification to a single residential use. Saul plans to put a shed on the property now and possibly build a new residence in the future. 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 1.44 acres for a residential purpose on a parcel generally described as being located in the SE ¼ of the SW ¼ SW ¼ of 36-86-9 . All members voting aye thereon. Motion carried.

Hertle moved/Wiley seconded: To approve Resolution #16-38 Abatement of Taxes. Motion carried.

RESOLUTION #16-38

WHEREAS, the Benton County Treasurer has reported that these mobile homes and buildings on leased land have been deemed to have no value by the court pursuant to Iowa Code 562B.27 and Chapters 555B and 648; and

WHEREAS, there are currently tax liens filed against the properties and has determined that it is impractical to pursue collection of the total amount of tax due through the tax sale and the personal judgment remedies and has recommended that the board of supervisors abate the tax on these parcels,

IT IS THEREFORE RESOLVED that the delinquent tax, penalty, interest and costs assessed on the below listed parcels are unpaid, are hereby abated pursuant to Iowa Code 445.16. The treasurer is directed to strike the amount due from the county system.

3030AP9185 - $740.00 in tax, $458.00 penalty and $20.00 in costs

030G3462 - $531.00 in tax, $299.00 in penalty and $20.00 in costs

03004561378H - $444.00 in tax, $174.00 in penalty and $12.00 in costs

09071134 - $378.00 in tax, $254.00 in penalty and $12.00 in costs

20030300355E - $840.00 in tax, $495.00 in penalty and $20.00 in costs

22028H7419 - $336.00 in tax, $36.00 in penalty and $8.00 in costs

240KSDH08A24D41371A - $201.00 in tax, $24.00 in penalty and $8.00 in costs

27012101 - $1240.00 in tax, $2,224.00 in penalty and $48.00 in costs

27008851 - $372.00 in tax, $462.00 in penalty and $8.00 in costs

27007921 - $702.00 in tax, $865.00 in penalty and $32.00 in costs

Dated this 17th day of May 2016.

____________________________________

Donald H. Frese, Chairman

____________________________________

Todd Wiley

____________________________________

Terry L. Hertle

ATTEST:

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Hayley Rippel, Deputy Benton County Auditor

Wiley moved/Hertle seconded: To approve Resolution #16-39 Destruction of Noxious Weeds. Motion carried.

Resolution #16-39

DESTRUCTION OF NOXIOUS WEEDS

Be It Resolved by the Board of Supervisors of Benton County, Iowa that pursuant to the provisions of Chapter 317, Code of Iowa, it is hereby ordered:

1. That each owner and each person in the possession or control of any lands in Benton County shall cut, burn or otherwise destroy all noxious weeds thereon, as defined in this chapter, at such times in each year and in such manner as shall prevent said weeds from blooming or coming to maturity, and shall keep said lands free from such growth of any other weeds as shall render the streets or highways adjoining said land unsafe for public travel. Noxious weeds shall be cut or otherwise destroyed on or before June 1, 2016 and as often thereafter as is necessary to prevent seed production:

Group 1. Leafy Spurge, Perennial Peppergrass, Sour Dock, Smooth Dock, Sheep Sorrel, and Purple Loosestrife.

Group 2. Canada thistle, Russian Knapweed, Wild Mustard and Buckthorn.

Group 3. European Morning Glory or Field Bindweed, Wild Carrot, Poison Hemlock, Multiflora Rose, Horsenettle, Perennial Sowthistle, Quackgrass, Butterprint, Puncture Vine, Cocklebur, Bull Thistle, Musk Thistle, Tall Thistle, Wild Sunflower, Shattercane and Teasel.

2. That each owner and each person in the possession or control of any lands in Benton County infested with any of the following noxious weeds shall adopt a program of weed destruction described by the Weed Commissioner, which may be expected to destroy and will immediately keep under control such infestations of said noxious weeds.

(a) Primary Noxious Weeds: Quackgrass, Perennial Sowthistle, Canada Thistle, Bull Thistle, Musk Thistle, European Morning Glory or Field Bindweed, Horsenettle, Leafy Spurge, Perennial Peppergrass, Russian Knapweed, Buckthorn, Tall Thistle, Purple Loosestrife, and all other species of thistles belonging in general of Cirsium and Carduus.

(b) Secondary Noxious Weeds: Butterprint, Cocklebur, Wild Mustard, Puncturevine, Teasel, Wild Carrot, Buckthorn Plantain, Sheep Sorrel, Sour Dock, Smooth Dock, Poison Hemlock, Wild Sunflower, Multiflora Rose and Shattercane.

3. That if the owners or persons in possession or control of any land in Benton County fail to comply with the foregoing orders, the Weed Commissioner or his designee shall cause this to be done and the expense of said work, including costs of serving notice and other costs, if any, shall be assessed against the real estate.

4. That the County Engineer is hereby directed to cause notice of the making and entering of the foregoing order by one publication in each of the official newspapers of the County.

Dated this 17th day of May 2016.

______________________________________

Donald H. Frese, Chairman

______________________________________

Todd A. Wiley

______________________________________

Terry Hertle

ATTEST:

_____________________________________

Hayley Rippel, Benton County Deputy Auditor

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

____________________________________

Donald H. Frese, Chairman

ATTEST:

_____________________________________

Hayley Rippel, Benton County Deputy Auditor