June 28, 2016
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.
Unless otherwise noted, all actions were approved unanimously.
Wiley moved; Hertle seconded: Adopt Resolution #16-51. Voting aye were Frese, Wiley, and Hertle. Nays none. Motion carried.
RESOLUTION #16-51
ADOPTION OF BENTON COUNTY POLICIES AD PROCEDURES FOR COPLIANCE WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 “HIPPA”
WHEREAS, the federal government enacted the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”); and
WHEREAS, Benton County is a hybrid-entity under the regulations of HIPAA: and
WHEREAS, Benton County adopted HIPPA policies and procedures on April 1, 2003; and
WHEREAS, the federal government has amended the HIPAA regulations since its original enactment; and
WHEREAS, Benton County must adopt policies and procedures that comply with the HIPPA privacy and security regulations as amended,
NOW THEREFORE BE IT RESOLVED that Benton County hereby adopts the updated Benton County HIPAA Privacy and Security Policies and Procedures filed in the office of the county auditor, effective this date.
IT IS FURTHER RESOLVED that the Benton County HIPAA Privacy Policies and Procedures and the Benton County HIPAA Security Policies and Procedures adopted prior to this date are repealed.
PASSED and APPROVED this 28th day of June 2016.
____________________________________
Donald H. Frese, Chairman
____________________________________
Todd Wiley
____________________________________
Terry Hertle
ATTEST:
_____________________________________
Jill Marlow, Benton County Auditor
Wayne Siela voiced concern on the lack of brush and noxious weed control in county ditches.
Hertle moved; Wiley seconded: To accept and direct chair to sign a grant in the amount of $2,500 from the Community Foundation for the Edward Fry Memorial.
The grant proceeds will be passed through to the Edward Fry Memorial Committee upon receipt of a written agreement that the committee will comply with the grant requirements on behalf of the county.
Wiley moved; Hertle seconded: To enter into and direct the chair to sign the Agency/Policy Disclosure and Acknowledgement, Commercial/Non-Residential Exclusive Listing Agreement and the Dual Agency Potential/Consent Agreement between Benton County and Iowa Land Management and Real Estate Co. to sell the county-owned building located at 114 East 4th Street, Vinton, Iowa.
Hertle moved; Wiley seconded: to designate and authorize Supervisor Todd Wiley to negotiate matters relative to the sale of the building at 114 E. 4th Street, Vinton.
Gloria Orcutt presented various artwork for the board’s approval to display.
Hertle moved; Wiley seconded: Adopt Resolution #16-52. Voting aye were Frese, Wiley and Hertle. Nays none.
RESOLUTION #16-52
RESOLUTION TO ENTER INTO 28E AGREEMENT WITH BREMER COUNTY REGARDING DELINQUENT COURT DEBT COLLECTIONS
WHEREAS, Benton County and Bremer County have elected to participate in the collection of delinquent court obligations on the county level; and
WHEREAS, according to the 2015 Census, the population of Benton County is 25,658 and the population of Bremer County is 24,722; and
WHEREAS, under a 28E Agreement, an annual delinquent collection threshold of fifty thousand dollars ($50,000.00) would apply to the collection efforts of both counties, pursuant to Iowa Code sections 602.8107(4)(c)(2)(e) and 602.8107(4)(e)(2); and
WHEREAS, by combining their efforts under a 28E Agreement, Benton County and Bremer County will return unpaid debt to the State, Benton and Bremer Counties, and will return unpaid victim restitution to the victims of crime in both counties; and
WHEREAS, the Benton County Attorney and Bremer County Attorney have discussed entering into a 28E Agreement with each other regarding delinquent court debt collections and have determined that it would be in the best interest of both counties to do so.
NOW, THEREFORE, BE IT RESOLVED BY THE BENTON COUNTY BOARD OF SUPERVISORS AS FOLLOWS:
The proposal to enter into a 28E Agreement with Bremer County for the collection of delinquent court debt is hereby approved and the Chairman of the Board of Supervisors for Benton County is hereby authorized to execute said 28E Agreement on behalf of Benton County.
PASSED AND ADOPTED THIS 28th DAY OF JUNE, 2016.
____________________________________
Donald H. Frese, Chair
____________________________________
Todd Wiley
____________________________________
Terry Hertle
ATTEST:
_____________________________________
Jill Marlow, Benton County Auditor
28E Agreement for Benton and Bremer County Collection
Of Delinquent Court Obligations
WHEREAS Benton County and Bremer County have elected to participate in the collection of delinquent court obligations on the county level, including collections under the county Attorney payment plan for driver’s license reinstatement, under Iowa Code § 321.210B; and
WHEREAS each county has filed with the Clerk of Court for their respective county the required annual notice of full commitment to collect delinquent court debt for all cases assigned to that county for collection by the court, in accordance with Iowa Code § 602.8107(4); and
WHEREAS, according to the 2015 Census, the population of Benton County is 25,699 and the population of Bremer County is 24,722; and
WHEREAS, pursuant to Iowa Code §§ 602.8107(4)(c)(2)(e) and 602.8107(4)(e)(2), an annual delinquent debt collection threshold of $50, 000.00 will apply to Benton and Bremer County under this 28E Agreement; and
WHEREAS Benton County and Bremer County will each devote the appropriate administrative resources to comply with their obligations to collect delinquent court debt, pursuant to Iowa Code § 602.8107 and Chapter 28E; and
WHEREAS the Board of Supervisors for each County has passed a Resolution approving this Agreement and authorizing their respective Chairpersons to execute this Agreement.
IT IS THEREFORE AGREED by and between Benton County and Bremer County as follows:
1. Benton County and Bremer County shall share and consolidate their delinquent court debt obligation collections, pursuant to Iowa Code § 602.8107(4)(e) and Iowa Code Chapter 28E.
2. Each County shall devote the necessary time of their County Attorney and the County Attorney’s staff to collect delinquent court obligations, pursuant to Iowa Code § 602.8107(4), but Benton County will provide training and assistance to Bremer County in collecting monies owed in Bremer County cases. This includes the use of Benton County Collection staff for preparation of documents and filings. The Bremer County Attorney’s Office shall make all necessary court appearances in Bremer County.
3. Benton County shall remain responsible for its entire collection participation for monies owed in Benton County and will retain one hundred percent (100%) of income received in conjunction with money collected in Benton County cases and other counties excluding Bremer County.
4. Each County shall provide the necessary resources, including, but not limited to, computer equipment, computer software, postage, paper, envelopes, and other office supplies to collect delinquent court obligations.
5. For the fiscal year beginning July 1, 2016, the monies distributed to Bremer County pursuant to Iowa Code Section 602.8107 shall be distributed fifty percent (50%) to Benton County and fifty percent (50%) to Bremer County. This distribution percentage shall remain the same for each and every year this agreement is in effect, and can only be modified as described in this agreement. The delinquent court obligations owed and collected in each respective county shall be accounted for separately so that said monies received from the State as a result of said collection efforts can be attributed to the appropriate respective county. Disbursements of said monies to Benton County from Bremer County shall be made on a monthly basis and within ten (10) days of their receipt.
6. In the event that the Counties determine that it would be mutually beneficial to share the use of any personal property, with said property to be utilized by the County Attorneys in their collection efforts, then said purchase must be approved by the Board of Supervisors for both Counties, if the total purchase price of the item, or multiple items obtained through a combines purchase, exceeds $800.00. Each county will provide one-half of the funds for the purchase of said personal
property. If said personal property is later sold, then each county shall receive one-half of the net sale proceeds from the sale of said property.
7. The County Attorneys and their respective staff member shall share information and resources which will facilitate the collection of delinquent financial obligations in the counties.
8. This Agreement shall become effective upon all parties hereto signing, and shall be effective through June 30, 2020.
9. This agreement shall automatically renew for a period of one year under the same terms and conditions, unless either County to this Agreement gives the other County written notice of termination of this Agreement no later than May 1 of the respective fiscal year.
10. If any County elects to terminate this Agreement pursuant to Paragraph 9 above, then said County shall provide the other County and that county’s County Attorney with written notice of said election to terminate this Agreement. Written notices shall be sent by certified mail to the following respective addresses:
Benton County Board of Supervisors
Benton County Courthouse
111 East 4th Street
Vinton, IA 52349
Benton County Attorney
Benton County Courthouse
111 East 4th Street
Vinton, IA 52349
Bremer County Board of Supervisors
Bremer County Courthouse
415 E. Bremer Avenue
Waverly, IA 50677
Bremer County Attorney
Bremer County Courthouse
415 E. Bremer Avenue
Waverly, IA 50677
11. If any terms or provisions of this Agreement shall be held to be invalid or unenforceable for any reason, then the remaining terms and provisions shall continue to remain in full force and effect. If a court finds that any term or provision of this Agreement is invalid or unenforceable, but that such term or provision could be limited and thereby be considered valid and enforceable, then such term or provision shall be deemed to be written, construed, and enforced in accordance with said limitation.
12. This Agreement is the complete agreement between the parties. Any amendment to this Agreement must be made in writing and must be approved by the Board of Supervisors for each County before going into effect. Any amendment made shall also require the approval of the County attorney for each County.
Entered into on this ____________ day of ______________________, 2016
_____________________________________
Donald H. Frese, Chairman
Benton County Board of Supervisors
STATE OF IOWA, COUNTY OF BENTON, SS:
Be it remembered that on this _____ day of __________________________,
2016, before me, a notary public in and for Benton County, Iowa, personally
Appeared Donald H. Frese, Chairman of the Board of Supervisors of Benton
County, Iowa, to me known to be the person named in and who executed
the foregoing instrument and acknowledge that he executed the same as
his voluntary act and deed and on behalf of Benton County, Iowa.
_____________________________________________
Notary Public in and for the State of Iowa
____________________, Chairman
Bremer County Board of Supervisors
STATE OF IOWA, COUNTY OF BREMER, SS:
Be it remembered that on this _____ day of __________________________,
2016, before me, a notary public in and for Bremer County, Iowa, personally
appeared ________________, Chairman of the Board of Supervisors of Bremer
County, Iowa, to me known to be the person named in and who executed
the foregoing instrument and acknowledge that he executed the same as
his voluntary act and deed and on behalf of Bremer County, Iowa.
_____________________________________________
Notary Public in and for the State of Iowa
Wiley moved; Hertle seconded: To approve the request to use the courthouse lawn submitted by Norma Frost, for the period June 30, 2016, at 8:00 a.m. through July 3, 2016 at 4:00 p.m., upon the condition that the application is signed and that the insurance requirements required by the county’s policy on using the courthouse grounds are met by the close of business on June 29, 2016.
Hertle moved; Wiley seconded: To adopt Resolution #16-53. Voting aye were Frese, Wiley, and Hertle. Nays none. Motion carried.
RESOLUTION #16-53
WHEREAS, the City of Belle Plaine and the County of Benton acquired property and was given the appropriate notice of the taxes due; and
WHEREAS, the City of Belle Plaine and the County of Benton have failed to pay said tax; and
WHEREAS, Iowa Code 445.63 provides that the board of supervisors shall abate the tax if the governing body fails to immediately pay the tax,
IT IS THEREFORE RESOLVED that the 2014 tax, penalty and costs assessed against parcel #030-48500 in the total amount of $228.00 and against parcel 790-05800 in the total amount of $920.00 are hereby abated in full pursuant to Iowa Code 445.63. The treasurer is directed to strike the amount due from the county system.
Dated this 28th day of June 2016.
____________________________________
Donald H. Frese, Chairman
____________________________________
Todd Wiley
____________________________________
Terry Hertle
ATTEST:
_____________________________________
Jill Marlow, Benton County Auditor
Wiley moved; Hertle seconded: Approve the hire of Rick Voss as a seasonal truck driver, effective this date, at a wage of $15.00 per hour.
Wiley moved; Hertle seconded: To accept the resignation of Craig Streeter from the sheriff’s department, effective October 6, 2016, due to retirement.
Hertle moved; Wiley seconded: To approve the fireworks permit requested by Chuck Yedlik for an event on July 9, 2016 at 5901 28th Avenue Dr., Vinton.
Darris Pickering did not submit an application for fireworks permit for consideration.
Hertle moved; Wiley seconded: To approve the minutes of June 21, 2016, with the following corrections: Supervisor Hertle was present; Supervisor Wiley served as Vice –Chair (not co-chair), and Supervisor Hertle stated that a comprehensive update of the land use policies may be needed.
Hertle moved; Wiley seconded: To enter into and direct chair to sign the Janitorial Contract between Mike and Cindy Elwick, Landlords, of 811 D Avenue, Suite 32, Vinton, Iowa and Benton County, Iowa, for use by the Iowa Department of Human Services at 811 D Avenue, Suite 20, Vinton, Iowa. The contract provides for 4 hours of cleaning per week at $20.00 per hour.
Wiley moved; Hertle seconded: To approve law enforcement agreements for FY17 with the cities of Norway for 520 hours per year at $12,220.00; Atkins for 936 hours per year at $21,996.00 and Blairstown for 780 hours per year at $18,330.00.
Wiley moved; Hertle seconded: To adjourn.
____________________________________
Donald H. Frese, Chairman
ATTEST:
_____________________________________
Jill Marlow, Benton County Auditor
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