May 31, 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 24, 2016. Motion Carried.

Wiley moved/Hertle seconded: Approve application for use of the Courthouse Grounds by Vinton Kiwanis Club for Saturday August 27, 2016. Motion carried.

Hertle moved/ Wiley seconded: Approve Farm exemption application for Darlus Bader in the SW ¼ SW ¼ of 19-86-12. Motion carried.

The time of 9:15 a.m. having arrived, the board opened the public hearing on a land use change requested by Trevor Jenkins. No media 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 3.5 acres located in the SE ¼ of the SW ¼ of 24-85-9. The request is to change the classification to a single residential use. It meets all the county’s criteria. Land is not in production with a CSR of 58 and numerous residences nearby. 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 3.5 acres for a residential purpose on a parcel generally described as being located in the SE1/4 of the SW1/4 of Sec. 24-85-9. 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 Lee and Marci Deeg in part of the SW ¼ SE ¼

of 27-83-10. Lee and Marci Deeg were present, Ryan Costello and Carolyn Becker adjoining owners were also present along with one media member. Marc Greenlee presented the technical information with the Benton County Agricultural Land Use Preservation Ordinance. Deeg was served papers on April 22, 2016 that he was improperly doing commercial business off his property. So Deeg is now applying for a new non-ag use to be able to sell Portable Storage sheds and miscellaneous lawn ornaments from his property. As it currently stands, Deeg owns the driveway but adjoining neighbor Costello has an easement to also use said existing drive. Greenlee received a phone call from a concerned citizen about parking along the HWY to get access to these items. Both neighbors Becker and Costello also had safety concerns with the parking issues this causes. Costello questioned snow drifting from the buildings come wintertime. Deeg said he didn’t have to keep buildings there in the winter. Land use changes are not seasonal said Wiley. Wiley moved/Hertle seconded: To deny land use change for Lee and Marci Deeg on their residence in part of the SW ¼ SE ¼ of 27-83-10. Discussion continued about the driveway concerns and what other options there were. DOT regulations need to be met. A motion to table the denial of the request was made by Wiley, seconded by Hertle, until further research can be done for said driveway issue. Motion carried.

John Elwick and Mike Elwick, Benton County land owners, and Russ Glime and Karen Phelps speaking on behalf of the County Conservation came to discuss the old Vinton Animal Shelter Site. Elwick’s would like to see it put back into taxation, and Phelps would like to see it go back to wild life refuge ground. It is thought to be stated in old deeds, that when it is no longer used for an animal shelter it should go back to previous owner, or put back into a wildlife refuge. The Supervisors agreed that they need more information and documentation of such an agreement and get copies of prior deeds and report back. If legal interpretation is needed, they can consult with the County Attorney. No action was taken.

Wiley moved/Hertle seconded: To approve Utility permit for East Central Iowa REC to place utility lines in the county’s right of way between sections 29 and 32 of Benton Township, pending proper verification of new residence in that location. Motion carried.

Hertle moved/Wiley seconded: To approve Resolution #16-40, Hiring of Shop Foreman. Motion carried.

Resolution #16-40

Hiring of Shop Foreman

WHEREAS: The Benton County Secondary Roads Department has a need to hire an individual in the office due to the retirement of the Shop Foreman, and

WHEREAS: Applications were received for the position and

WHEREAS: These applications have been narrowed to two and these two applicants have been interviewed by the County Engineer and the County Engineer is recommending the following person for the position

THEREFORE BE IT RESOLVED by the Benton County Board of Supervisors that Douglas J. Kearns be hired to work in the office of the Secondary Roads Department as the Shop Foreman at an hourly base wage of $21.89 per hour. Effective date will be May 31, 2016.

Signed this 31st day of May 2016.

______________________________________

Donald H. Frese, Chairman

______________________________________

Todd A. Wiley

______________________________________

Terry Hertle

ATTEST:

_____________________________________

Hayley Rippel, Benton County Deputy Auditor

Hertle moved/Wiley seconded: To approve renewal of part-tome paralegal Joanne Morenz in the County Attorney’s Office, with wages to continue to be paid from the collections fund. Motion carried.

Wiley Moved/Hertle seconded: Approve and sign agreement to participate in the ISAC HIPPA Program for FY17. Motion carried.

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

____________________________________

Donald H. Frese, Chairman

ATTEST:

_____________________________________

Hayley Rippel, Benton County Deputy Auditor

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