Government : Benton County Board of Supervisors meeting minutes, Aug. 9

Aug. 9, 2016

Click HERE to see the list of bills approved for payment during this meeting.

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 Tuesday, August 2, 2016. Motion carried.

Hertle moved/Wiley seconded: Approve payment of checks numbered 220141 through 220312, payroll checks numbered 138914 through 138930, and ACH deposits numbered 28308 through 28438, vendor checks numbered 220313 through 220318. Motion carried.

Wiley moved/ Hertle seconded: Approve and sign the Administrator System Access Agreement with the U.S. postal Service for USPS online customer registration and appoint the County Auditor as Administrator. Motion carried.

Wiley moved/Hertle seconded: Accept resignation of Elizabeth Jensen, part-time Sheriff’s office records clerk effective September 30, 2016. Motion carried.

Hertle moved/Wiley seconded: To agree to the reduction in payment from Cedar Valley Ranch by $3,000.00 in accordance to their audit report of the county being overpaid by that amount in 2014. Motion carried.

The time of 9:15 a.m. having arrived, the board opened the public hearing on a land use change requested by Rob and Lisa Elwick. Rob Elwick and Mikel-Jon Elwick were 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 acre located in part of Parcel B in the SW¼ SE¼ of section 3-85-10. The request is to change the classification to a residential use. The land is not in production and is surrounded by family owned ground. It would need a new well and septic. Driveway meets all requirements. After no further discussion, it was moved by Wiley, seconded by Hertle, to approve the request for a land use change from agricultural to non-agricultural use on approximately 1 acre for a residential purpose on a parcel generally described as being located in part of Parcel B in the SW¼ SE¼ of section 3-85-10. All members voting aye thereon. Motion carried.

Jacki Michael, Trent Kamer and Duane Eldred representing the City of Urbana, came back to discuss the status of the county maintainer shed area in Urbana. They were here in March, hoping to come up with a solution for the road condition or relocating the maintainer shed. Thoughts about splitting the cost of the total project of making this a concrete road with curb and gutter to meet the design standards of the City of Urbana has an estimated cost of $57,000. The Engineer is going to research what the county did with the City of Vinton in the past.

Jennifer Zahradnik, landfill commissioner, and Eric Weaver, landfill manager, met with the Board to give an update how things have been going since the commission took over. They have bought their own excavator, hired their landfill manager, changed engineering firms and have saved a lot of money by doing so. Construction of the new cell was done in 2015. A new building will be built soon for employees to be able to work on their own equipment. Money has been set aside for closure and post-closure fund. Zahradnik said the plan is to hopefully reduce per-capita costs in FY18. Stressing the importance of recycling, those who throw everything away and don’t recycle will have to pay for it. The supervisors thanked everyone involved and for doing such a good job.

Chuck Smith, sales representative with Family Heritage gave an informal explanation of what his company has to offer for supplemental benefits. It is similar to Aflac, but different because all the premiums paid out that aren’t used get refunded back to the owner of the plan. Employees pay their own premiums.

Hertle moved/Wiley seconded: To approve resolution #16-64, Abatement of Tax. Motion carried.

RESOLUTION #16-64

WHEREAS, the Benton County Conservation acquired property and was given the appropriate notice of the taxes due; and

WHEREAS, the Benton County Conservation department 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 2015 tax against parcel #890-20810 in the total amount of $292.00 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 9th day of August 2016.

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Donald H. Frese, Chairman

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Todd Wiley

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Terry Hertle

ATTEST:

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Hayley Rippel, Deputy Benton County Auditor

Wiley moved/Hertle seconded: To approve Resolution #16-65, Vacate county property by deed in Watkins. Motion carried.

RESOLUTION #16-65

RESOLUTION TO VACATE COUNTY PROPERTY

BY DEED PURSUANT TO SECTION 354.23, IOWA CODE

WHEREAS Section 354.23, Iowa Code, allows the County to vacate part of an official plat that has been conveyed to the County or dedicated to the public which is deemed by the Supervisors to be of no benefit to the public; and

WHEREAS, the Supervisors have received as a part of the original platting of the town of Watkins, the following described property, to-wit:

The portion of street that is adjacent to the South End of Lots Six (6) and Seven (7), Block One (1) in C. G. Turner’s Addition to the town of Watkins (including the portion of street south of alley and Turner Street(vacated)) and the portion of alley that is between Lots One (1) thru Six (6) and Seven (7) thru Twelve (12), Block One (1) in C. G. Turner’s Addition to the town of Watkins. All of the foregoing described right-of-way being part of the Northwest Quarter (NW¼) of Section Twenty-six (26), Township Eighty-two (82) North, Range Ten (10) West of the 5th P.M. The area of the above portion of vacated right-of-way is 0.361 acres; and

WHEREAS the Board of Supervisors of Benton County, Iowa, have determined that said property is of no further benefit to the public and should be vacated; and

WHEREAS, a proper notice of the date, time and place of hearing on this issue has been published and a hearing has been held and following said hearing, the Supervisors have determined that, in fact, the property is of no benefit to the public and should be vacated.

NOW THEREFORE, be it resolved that the following described property, to-wit:

The portion of street that is adjacent to the South End of Lots Six (6) and Seven (7), Block One (1) in C. G. Turner’s Addition to the town of Watkins (including the portion of street south of alley and Turner Street(vacated)) and the portion of alley that is between Lots One (1) thru Six (6) and Seven (7) thru Twelve (12), Block One (1) in C. G. Turner’s Addition to the town of Watkins. All of the foregoing described right-of-way being part of the Northwest Quarter (NW¼) of Section Twenty-six (26), Township Eighty-two (82) North, Range Ten (10) West of the 5th P.M. The area of the above portion of vacated right-of-way is 0.361 acres, should be and the same is hereby vacated.

IT IS FURTHER RESOLVED that the Chairperson of the Supervisors shall execute and deliver a Quit Claim Deed conveying said property as follows:

TO: William Ballard and Lori Ballard, husband and wife:

The portion of street that is adjacent to Lots Six (6) and Seven (7), Block One (1) in C. G. Turner’s Addition to the town of Watkins, described as follows to wit: Beginning at the Southwest Corner of Lot Six (6), Block One (1), C. G. Turner’s Addition to the town of Watkins, thence East 300 feet along south line of Lots Six (6) and Seven (7) to the Southeast Corner of Lot Seven (7) of said Block One (1), thence South 30 feet, thence West 300 feet, thence North 30 feet to place of beginning. The area of the above portion of vacated right-of-way is 0.207 acres

Watkins Community Athletic Association:

The portion of street that is adjacent to 60-foot vacated right-of-way (formerly known as Turner Street) located between Block One (1) and Two (2), in C. G. Turner’s Addition to the town of Watkins, described as follows to wit: Beginning at the Southeast Corner of Lot Seven (7), Block One (1), C. G. Turner’s Addition to the town of Watkins, thence East 60 feet along south line of the 60-foot vacated right-of-way to the Southwest Corner of Lot Seven (7), Block Two (2), C. G. Turner’s Addition to the town of Watkins, thence South 30 feet, thence west 60 feet, thence North 30 feet to place of beginning. The area of the above portion of vacated right-of-way is 0.041 acres.

The portion of alley that is adjacent to Lots Three (3) thru Six (6), Block One (1), C. G. Turner’s Addition to the town of Watkins, described as follows to wit: Beginning at the Southeast Corner of Lot Six (6), Block One (1), C. G. Turner’s Addition to the town of Watkins, thence North 200 feet along the east line of Lots One (1) thru Six (6) to the Northeast Corner of Lot Three (3) of said Block One (1), thence East 16 feet, thence South 200 feet along the west line of Lots Seven (7) thru Twelve (12), thence West 16 feet to place of beginning. The area of the above portion of vacated right-of-way is 0.074 acres.

Jimmy James LLC., an Iowa Limited Liability Company:

The portion of alley that is adjacent to Lots One (1) and Two (2), Block One (1), C. G. Turner’s Addition to the town of Watkins, described as follows to wit: Beginning at the Southeast Corner of Lot Two (2), Block One (1), C. G. Turner’s Addition to the town of Watkins, thence North 105 feet along the east line of Lots One (1) thru Six (6) to the Northeast Corner of Lot One (1) of said Block One (1) and the South line of railroad right-of-way, 200 feet distant from the centerline of Main line tracks at right angles, thence 16.07 feet Northeasterly along said right-of-way line to the Northwest Corner of Lot Twelve (12) of said Block One (1), thence South 106.5 feet along the west line of Lots Seven (7) thru Twelve (12), thence West 16 feet to place of beginning. The area of the above portion of vacated right-of-way is 0.039 acres.

Signed this 9th day of August, 2016.

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Chairman, Board of Supervisors