June 14, 2016
The Benton County Board of Supervisors met in regular session. Terry Hertle was absent. The chair called the meeting to order at 9:00 a.m.
Unless otherwise noted, all actions were approved unanimously.
The time of 9:00 a.m. having arrived, the Board proceeded with the canvass of the Primary Election held on June 7, 2016. The results were reviewed and verified by the Board. Wiley/Frese seconded: Approve the canvass of the June 7, 2016, Primary Election and to declare the results official and declare the following candidates as winners of said election. Motion carried.
Democrat:
US Senate – Patty Judge
US Representative District 1 – Monica Vernon
State Senate District 38– Vacant (Wiley/Frese seconded: Accept various spellings for Dennis R. Mathahs for scatterings. Motion carried)
State Representative District 75– Paula G. Denison
County Supervisor II – Terry Hertle
County Supervisor III – Joan Flecksing
County Auditor– Vicky Schwenker
County Sheriff – Vacant (Wiley/Frese seconded: Accept various spellings for Vince Snyder for scatterings. Motion carried) (Wiley/Frese seconded: Accept various spellings for Ron Tippett for scatterings. Motion carried)
Republican:
US Senate – Charles E. Grassley
US Representative District 1 – Rod Blum
State Senate District 38– Tim Kapucian
State Representative District 75– Dawn Pettengill
County Supervisor II – Richard A. Primmer
County Supervisor III – Gary Bierschenk
County Auditor– Hayley Rippel
County Sheriff – Ronald J. Tippett
Wiley moved/ Frese seconded: Approve minutes of June 7, 2016. Motion Carried.
Wiley moved/ Frese seconded: To Approve Resolution #16-42, Amending Resolution #15-44. Motion carried.
RESOLUTION #16-42
AMENDING RESOLUTION # 15-44
APPROPRIATIONS
WHEREAS, the Benton County Board of Supervisors adopted Resolution #15-44, Appropriations on June 23, 2015; and
WHEREAS, the Board of Supervisors desires to amend said resolution to clarify the date appropriations lapse,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF BENTON COUNTY, IOWA, as follows:
Resolution #15-44 adopted on June 23, 2015 should and is hereby amended as follows:
Section 8. Departmental appropriations remain in full force and effect through June 30, 2016, for payroll expenses occurring after the date stated in Section 7, for the final processing of expenses submitted on or before June 15, 2016, and for any expenses approved by the Board of Supervisors subsequent to June 15, 2016. All appropriations authorized pursuant to this resolution lapse at the close of business June 30, 2016.
The remainder of Resolution #15-44 remains in full force and effect.
Dated this 14th day of June 2016.
_____________________________________
Donald H. Frese, Chairman
_____________________________________
Terry L. Hertle
______________________________________
Todd Wiley
ATTEST:
_____________________________________
Hayley Rippel,Deputy Benton County Auditor
Wiley moved/ Frese seconded: To approve and sign quote for excess flood insurance for the Benton County Law Enforcement Center. Motion carried.
Wiley moved/Frese seconded: To set Tuesday July 12, 2016 at 9:15 a.m., as the time and date for a land use hearing on a land use change requested by Steven Venenga in part of the NE ¼ NE ¼ of 26-85-9. Motion carried.
Carol Zander, Director of Benton County Social Services and Jill Marlow, Benton County Auditor, discussed HIPPA privacy and security policies.
Mindy Druschel, Department of Human Services discussed the ICN Bill, she has only received an estimated amount and not expecting the finalized bill until FY17.
Wiley moved/ Frese seconded: To adjourn. Motion carried.
____________________________________
Donald H. Frese, Chairman
ATTEST:
_____________________________________
Hayley Rippel, Benton County Deputy AuditorJuly 5, 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: To approve the minutes of June 28, 2016. Motion carried.
Wiley moved/Hertle seconded: To approve Auditor’s Quarterly Report ending June 30, 2016. Motion carried.
Hertle moved/ Wiley seconded: To enter into Law Enforcement Contracts with the City of Shellsburg for fiscal year 2017, providing 260 hours of coverage at an annual cost of $6,110.00. City of Newhall for fiscal year 2017, providing for 780 hours of coverage at an annual cost of $18,330.00. City of Walford for fiscal year 2017, providing for 520 hours of coverage at an annual cost of $12,220.00, all three of which will be paid quarterly. Motion carried.
Wiley moved/Hertle seconded: Approve the hiring of Sherry V. Tyler part-time communications specialist /correctional officer effective July 5, 2016 with a starting wage of $13.56 per hour.
Hertle Moved/Wiley seconded: To set land use hearing date of Tuesday August 2, 2016 at 9:15 A.M. for Craig Kerkman Trust in part of the NE ¼ NE ¼ of 36-83-12. Motion carried.
Hertle moved/Wiley seconded: Approve farm exemption application for John and Shirale Hanson in part of the NE ¼ of 22-85-11. Motion carried.
Hertle moved/Wiley seconded: Adopt Resolution #16-55 Variance to Sub Division Ordinance. Motion carried.
RESOLUTION NO.16-55
GRANTING INITIAL VARIANCE TO SUBDIVISION ORDINANCE
WHEREAS, Trevor Jenkins has requested a variance to the Benton County Subdivision Ordinance #61; and
WHEREAS, the Board believes that certain requirements should be varied,
NOW THEREFORE BE IT RESOLVED that the following requirements of the Benton County Subdivision Ordinance #61 shall be waived with regards to the division of real property located in the SE 1/4 of the SW 1/4 of 24-85-9 and owned by Jeffrey and Deborah Ralston:
Article IV: Sections 4.01 through 4.04 Improvements
Article V: Sections 5.01 through 5.07 Minimum Standards for the Design of Subdivisions.
Article VI: Sections 6.01 through 6.03 Procedures and Submission Requirements for Plats
Strict adherence to the requirements of the subdivision ordinance would create an undue hardship for the following reason(s):
1. The division is not for a multi-residential subdivision.
2. A change in land use on this parcel was previously granted on May 31, 2016.
FURTHER IT IS RESOLVED that the owners shall comply with the remaining requirements set forth in the Benton County Subdivision Ordinance #61.
ADOPTED AND PASSED this 5th day of July 2016.
____________________________________
Donald H. Frese, Chairman
____________________________________
Todd Wiley
____________________________________
Terry L. Hertle
ATTEST:
_____________________________________
Hayley Rippel, Deputy Benton County Auditor
Wiley moved/Hertle seconded: Adopt Resolution #16-54 Equalize the funding basis for Mental Health. Motion carried.
Resolution #16-54
RESOLUTION CALLING FOR THE STATE LEGISLATURE AND GOVERNOR TO ENACT LEGISLATION TO EQUALIZE THE FUNDING BASIS FOR MENTAL HEALTH STATEWIDE
WHEREAS, mental health regions were created with the passage in 2012 of Senate File 2315 (SF 2315) with the primary purpose of equalizing mental health services and expenses throughout the State of Iowa; and
WHEREAS, Benton County joined the counties of Bremer, Buchanan, Delaware, Dubuque, Iowa, Johnson, Jones and Linn to create the Mental Health/Disability Services of the East Central Region (ECR); and
WHEREAS, SF 2315 added an additional cap on the funding basis for counties by instituting a statewide per capita expenditure targeted amount of up to $47.28 in addition to the previous limitation placed on counties by the previous covering legislation (SF 69) the county base; and
WHEREAS, SF 2315 established that counties with population expenditure targeted amounts that exceed the county base year expenditures shall receive equalization payments for this difference from the property tax relief fund; and
WHEREAS, the legislature has decided that the equalization payments are no longer being funded; and
WHEREAS, the differing methods of determining the levy rates has created inequities between the per capita rates of the counties within the ECR instead of equalizing; and
WHEREAS, this inequity is not only unfair to the tax payers within the ECR that have the ability to levy at the higher per capita rate it also jeopardizes the long term survival of the regional concept.
NOW THEREFORE BE IT RESOLVED, the ECR has proposed a solution to address these inequities in the per capita rates to the State Legislature and Governor, by removing the base year expenditure cap, thereby allowing each county to contribute equitably. This will enable the ECR to generate the necessary revenue assuring the capability to deliver services at a fair and equal rate throughout the ECR; and
BE IT FURTHER RESOLVED, it is the intent of the Benton County Board of Supervisors to lower the current per capita rate to provide equity for their constituents consistent with the lowest per capita rate charged within the nine county region, and is recommending all counties within the ECR act accordingly and while we understand that this action will create equity for Benton County taxpayers, it will result in funding challenges for the region. Understanding this, we believe that the legislature, through its inaction, has left us no choice; and
BE IT FURTHER RESOLVED, the Benton County Board of Supervisors recommends the Governance Board of the ECR develop a public announcement that explains to the citizens of Benton County and the citizens of the ECR as a whole that the failure of the legislature to take appropriate action on levy rate caps places an unfair burden of funding on the citizens of some counties within the region and throughout the state as regions are forced to utilize an unfair taxing method; and
BE IT FURTHER RESOLVED, that copies of this Resolution be forwarded to Iowa Governor Terry Branstad, to Senate President Pam Jochum, to Majority Leader Michael Gronstal, to Republican Leader Bill Dix, to House of Representatives Speaker Linda L.Upmeyer, to Majority Leader Chris Hagenow, to Minority Leader Mark D. Smith, to our Benton County representatives in the General Assembly, Tim Kapucian, Senator and Dawn Pettengill, Representative and to the Iowa State Association of Counties.
So passed and adopted this 5th day of July 2016
___________________________ ______________________________
Don Frese, Chairman Date
Benton County Board of Supervisors
___________________________ ______________________________
Todd Wiley Date
Benton County Board of Supervisors
___________________________ ______________________________
Terry Hertle Date
Benton County Board of Supervisors
Attest:
__________________________
Hayley Rippel, Deputy Auditor
Wiley moved/Hertle seconded: Accept resignation of Clyde Renn in the Transportation department effective July 22, 2016. Motion carried.
Wiley moved/Hertle seconded: Adopt Resolution #16-56 Change status of Part-time Employees to Full-Time Employees. Motion carried.
RESOLUTION #16-56
CHANGING EMPLOYMENT STATUS OF TERRI ANDORF AND SUSAN MEYER FROM PART-TIME EEMPLOYEES TO FULL-TIME EMPLOYEES
WHEREAS, the Benton County Transportation’s Department has posted positions for a full-time bus operator and a transit assistant; and
WHEREAS, No applicants have applied for said positions; and
WHEREAS, Andorf has been employed by Benton County as part-time since November 2012, Meyer has been employed by Benton County as part-time since December 2015; and
WHEREAS, Andorf and Meyer have been currently performing the duties of the above mentioned positions; and
WHEREAS, the Transportation Director recommended that both Andorf and Meyer have their employment status be changed from part-time to full-time,
NOW THEREFORE BE IT RESOLVED by the Benton County Board of Supervisors that Terri Andorf be changed to full-time transit assistant in the Transportation Department, effective July 5, 2016 at $16.00 an hour. And also that Susan Meyer be changed to full-time bus operator in the Transportation Department, effective July 18, 2016 at $14.00 an hour.
Dated this 5th day of July 2016.
_____________________________________
Don Frese, Chairman
_____________________________________
Todd Wiley
______________________________________
Terry L. Hertle
ATTEST:
_____________________________________
Hayley Rippel, Deputy Benton County Auditor
Wiley moved/Hertle seconded: To approve advertising for two part-time drivers for Transportation Department. Motion carried.
Wiley moved/Hertle seconded: Approve Agreement 2016-C-220 for paved fillets at HWY 150 Intersections North of I-380. Motion carried.
Hertle moved/Wiley seconded: To approve Utility permit for East Central Iowa REC to place utility lines in the county’s right of way in sections 24 of Benton Township. Motion carried.
Wiley moved/Hertle seconded: To Adopt Resolution #16-57, hiring of part-time/seasonal driver. Motion carried.
RESOLUTION #16-57
HIRE OF PART-TIME/SEASONAL TRUCK DRIVERS
WHEREAS, the Benton County Engineer has requested approval to hire part-time/seasonal truck drivers within his department; and
WHEREAS, applications have been accepted and interviews completed for said positions; and
NOW THEREFORE BE IT RESOLVED by the Benton County Board of Supervisors that the following persons are approved for hire effective July 12, 2016:
Josh Svoboda
IT IS FURTHER RESOLVED that the hourly wage is set at $15.00 per hour.
Dated this 5th day of July 2016.
_____________________________________
Donald H. Frese, Chairman
_____________________________________
Todd Wiley
______________________________________
Terry Hertle
ATTEST:
_____________________________________
Hayley Rippel, Benton County Deputy Auditor
Hertle moved/Wiley seconded: To sign title sheet for Bridge Replacement project STP-S-C006(103)—5E-06 on E44 in Kane Township. Motion carried.
Hertle moved/Wiley seconded: Set Tuesday August 2nd, 2016 at 9:30 a.m. as time and date for public hearing on vacating street/alley in Luzerne. Motion carried.
Wiley moved/Hertle seconded: To extend the nepotism policy deadline for Secondary Roads from June 27, 2016 through September 1, 2016. Motion carried.
Discussion was had regarding disposal of county-owned property in Luzerne. The Auditor’s office received a phone call from an adjacent property owner interested in purchasing. Jill Marlow presented the information on the parcel that she researched. No action was taken.
Jill Marlow, County Auditor wanted clarification on the upcoming FY17 Budget Amendment so she can make the necessary changes and be prepared.
The Supervisors left the Board room and went across the street to look at the furniture and equipment that was left in the old DHS office space.
Hertle moved/Wiley seconded: To adjourn.
____________________________________
Donald H. Frese, Chairman
ATTEST:
_____________________________________
Hayley Rippel, Deputy Benton County Auditor
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