Government : Benton County Board of Supervisors Minutes July 7, 2020

           July 7, 2020

          The Benton County Board of Supervisors met in regular session with Supervisors Primmer, Bierschenk and Seeman present. The meeting was called to order at 9:00 a.m.   Members of the public were provided the zoom access capability to join in during open session and watch live at the county's YouTube channel. Unless otherwise noted, all actions were approved unanimously.

Seeman moved/Bierschenk seconded: To set land use hearing date of Tuesday August 4, 2020 at 9:15 a.m. for Elwick Brothers LLC in part of the SW ¼ SE ¼ of 22-85-10. Motion carried.

Bierschenk moved/Seeman seconded: To approve the minutes of June 30, 2020. Motion carried. 

Seeman moved/Bierschenk seconded: To appoint Braxton Morrison as Medical Examiner Investigator and also approve the cost to attend forensic training in August if a grant that was applied for doesn't get awarded. Motion carried.

                Seeman moved/Bierschenk seconded: To approve Resolution #20-47, Variance to Sub Division. Motion carried.

                RESOLUTION #20-47

Variance to the Benton County Subdivision Ordinance

WHEREAS, Benton County adopted the Benton County Subdivision Ordinance #72; and

WHEREAS, said ordinance prohibits the creation of multiple splits within a 40-acre aliquot part; and

WHEREAS, said ordinance sets forth the minimum requirements and improvements for subdivisions created in the unincorporated area of Benton County; and

WHEREAS, a request has been presented to the Board of Supervisors by Tim Folken to vary the required provisions in Article IV, Sections 4.01 through 4.05; Article V, Sections 5.01 through 5.07; Article VI, 6.2 through 6.03 and 6.05 (f); and Article VII, Section 7.01 of the ordinance to allow for one new parcel located in the SE ¼ NE 1/4, Section 3-T86N-R9W.

NOW THEREFORE BE IT RESOLVED by the Benton County Board of Supervisors that the requirements of Ordinance #72 are hereby varied as stated for the division of real property located in a parcel within the SE ¼ NE 1/4, Section 3-T86N-R9W.

Adopted this 7th day of July, 2020.

____________________________________

Rick Primmer, Chairman

____________________________________

Gary Bierschenk

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Tracy Seeman

ATTEST:

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Hayley Rippel, Benton County Auditor

The time of 9:15 a.m. having arrived, and this being the time and date for a land use hearing for Brandon and Jennica Jordan in part of Parcel E in the SW ¼ NE ¼ of 27-85-9. No members of the media were present. Jordan's were both present, along with five property owners that have land adjacent to the parcel under review.   Marc Greenlee presented the technical information with the Benton County Agricultural Land Use Preservation Ordinance. Jordan's would like to propose a change of 2 acres into non-ag use for a wedding venue that would have the capacity for up to 250 guests year-round. The parent parcel is 11.1 acres and is currently owned by Beau Chene Inc. The venue would be south of where the Jordan's residence is. CSR is 68 with the land in production being alfalfa. The location is approximately 3.5 miles north of Shellsburg along hard surface. The existing driveway does meet requirements, however in the event that it gets changed, it will have to be reconfigured to have 6:1 side slopes. Jordan's plan to plant vegetative barriers where practical. This location will need a new well and septic.  The required notification was sent to the adjacent landowner's and published in the official newspapers. No responses or concerns have been expressed prior to today's hearing.

Neighbor Dennis Manley was the first to speak up in opposition to the land use change. Manley had concerns about an access road, and the noise and lights that would be on the property and the traffic. Other neighbors in the area also spoke up about their concerns of how this could change the dynamic of the whole area and how farm ground should be preserved. Talk of alcohol and loud music and how this will be controlled. Jordan assured them this is not going to be a college hangout, but a wedding venue. "It is the world we live in, people are building everywhere and we want to build this for ourselves and the community. " Supervisor Primmer pointed out this board recently approved a venue north of Vinton that is close to residential areas. He doesn't see this being any different than that. Primmer also stressed these venues can bring in additional revenue to the county. He is pro-business and pro-development. Supervisor Seeman asked if there would be music outside, and Jordan's said there wouldn't be. 

Hearing no other further comments, the public hearing was closed.

                Seeman made a motion, and Supervisor Bierschenk spoke up with some questions about the distance between the venue and the neighbors. Not hearing a second from Bierschenk, Primmer seconded the motion to approve the land use change for Brandon and Jennica Jordan in part of Parcel E in the SW ¼ NE ¼ of 27-85-9.Voting aye were Seeman and Primmer. Bierschenk voting no.  Motion carried.

The time of 9:30 a.m. having arrived, and this being the time and date for a land use hearing for Larry Koster in part of NE ¼ NW ¼ of 28-82-11. Larry Koster attended via zoom call.  Marc Greenlee presented the technical information with the Benton County Agricultural Land Use Preservation Ordinance. Koster would like to propose a change on the use of 1 acre to allow Koster to sell firearms. This business would take place within his existing home in a 12' X 24" room. No improvements are planned.  The required notification was sent to the adjacent landowner's and published in the official newspapers. This use is secondary to the overall use of the property and does not create any conflicts with our ordinance.  Hearing no other further comments, the public hearing was closed.

                Bierschenk moved/Seeman seconded: To approve land use change for Larry Koster in part of NE ¼ NW ¼ of 28-82-11. Motion carried.

Seeman moved/Bierschenk seconded: Approve payroll checks numbered 141356 through 141369, ACH deposits numbered 42248 through 42392, handwrite 235675, claims numbered 235676 through 235812 and vendor checks 235813 through 235819. Motion carried.

                Seeman moved/Bierschenk seconded: To approve and sign lease agreement between Benton County and the Cedar Valley Ranch effective July 1, 2020 through June 30, 2021. Motion carried.

Bierschenk moved/Seeman seconded: To approve Jail excess flood policy renewal.  Motion carried. 

Seeman moved/Bierschenk seconded: To approve Sheriff's Quarterly Report ending June 30, 2020. Motion carried.

Bierschenk moved/Seeman seconded: To approve and sign law contracts with City of Atkins, City of Newhall and City of Shellsburg effective July 1, 2020 through June 30, 2021.

Seeman moved/Bierschenk seconded: To approve Resolution #20-48, Approval and Disapproval of Business Property Tax Credits (BPTC) for the 2019 Assessment year. Motion carried.

                RESOLUTION #20-48

APPROVAL OF BUSINESS PROPERTY TAX CREDITS FOR THE 2019 ASSESSMENT

WHEREAS, Iowa enacted SF295 establishing a business property tax credit; and

WHEREAS, the legislation requires property owners to apply for the credit; and

WHEREAS, the board of supervisors is required to allow or disallow the credit based on the requirements of the legislation; and

WHEREAS, the sign-up period has past and the assessor has provided a list of those applying for said credit; and

WHEREAS, the assessor has recommended allowance or disallowance based on the classification and/or use of the property,

IT IS FURTHER RESOLVED that the eighty-one (81) total applications for the 2019 assessment year Business Property Tax Credit filed with the assessor on or before July 1, 2020 are allowed and sixteen (16) of those were new;

IT IS FURTHER RESOLVED that the sixty-five (65) applications for the 2019 assessment year Business Property Tax Credit that were re-filed with the assessor on or before July 1, 2020, due to changes in ownership or other matters, are allowed.

Signed this 7th day of July, 2020

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Rick Primmer, Chairman

______________________________________

Gary Bierschenk

______________________________________

Tracy Seeman

ATTEST:

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Hayley Rippel, Benton County Auditor

                Holly Ollinger, John and Gwynn Whitson and Steve Helms, all residents along 61st Street came to present a petition regarding sealcoating and hear the estimated costs from the County Engineer. They are willing to cover the costs and have special assessments placed on their property taxes. Holly Ollinger is going to check with all the residents and see how they want to proceed with the process and this would allow time for the Auditor to research the proper steps to move forward with special assessment on their property taxes.

                Bierschenk moved/Seeman seconded: To approve Utility permit for East Central Iowa REC in Leroy Township. Motion carried.

                Accept bids for IDOT June Letting for Twin Box Culvert replacement on E24 as follows:

Taylor Construction, Inc.         $372,896.05

K Construction Inc.                 $386,060.15

McCulley Culvert, Inc.            $439,705.00

Tschiggfrie Excavating Co.     $569,566.80

Boomerang Corp.                   $627,910.75

                Seeman moved/Bierschenk seconded: To accept bids and award the lowest per Engineer's recommendation to Taylor Construction, Inc. for twin box culvert replacement project BRS-SWAP-CO06(107)-FF-06 in the amount of $372,896.05. Motion carried.

                Bierschenk moved/Seeman seconded: Approve Resolution #20-48, Designate County Engineer to execute contract.

Motion carried.

                RESOLUTION #20-48

WHEREAS, the Benton County Board of Supervisors, hereafter referred to as "the Board", believes the BRS-SWAP-C006(107)-FF-06, hereafter referred to as "the project" is in the best interest of Benton County, Iowa, and the residents thereof.  The project is defined as RCB Culvert Replacement-Twin Box on E24; and

WHEREAS, the Board has sought appropriate professional guidance for the concept and planning for the project and followed the steps as required by the Code of Iowa for notifications, hearings, and bidding/letting; and

WHEREAS, The Board finds this resolution appropriate and necessary to protect, preserve, and improve the rights, privileges, property, peace, safety, health, welfare, comfort, and convenience of Benton County and its citizens, all as provided for in and permitted by section 331.301 of the Code of Iowa; and

IT IS THEREFORE RESOLVED by Board to accept the bid from Taylor Construction, Inc. in the amount of $372,896.05 and awards the associated contract(s) to the same;   

BE IT FURTHER RESOLVED that all other resolutions or parts of resolutions in conflict with this resolution are hereby repealed.  If any part of this resolution is adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the resolution or action of The Board as a whole or any part thereof not adjudged invalid or unconstitutional.  This resolution shall be in full force and effect from and after the date of its approval as provided by law; and

BE IT FURTHER RESOLVED by the Board of Supervisors of Benton County, Iowa, that after receiving the necessary contract documents, including but not limited to, the contractor's bond and certificate of insurance, Myron L Parizek, the County Engineer for Benton County, Iowa, be and is hereby designated, authorized, and empowered on behalf of the Board of Supervisors of said County to execute the contracts in connection with the afore awarded construction project let through the DOT for this county.

Dated at Benton County, Iowa, this 7th day of July, 2020.

____________________________________

Rick Primmer, Chairman

____________________________________

Gary Bierschenk

____________________________________

Tracy Seeman

ATTEST:

_____________________________________

Hayley Rippel, Benton County Auditor

Bierschenk moved/Seeman seconded: To approve and sign plans for RCB Culvert Replacements on 19th Ave and 31st Ave. and to set the bid letting date for Tuesday august 4, 2020 at 10:00 a.m. Motion carried.

                Discussion about a bridge replacement project with twin box culvert on D65, west of Mt. Auburn. No action was taken.

Seeman moved/Bierschenk seconded: To approve Sheriff's Quarterly Report ending June 30, 2020. Motion carried.

Seeman moved/Bierschenk seconded: To approve Jail excess flood policy renewal. Motion carried. 

Seeman moved/Bierschenk seconded: To approve and sign lease agreement between Benton County and the Cedar Valley Ranch effective July 1, 2020 through June 30, 2021. Motion carried.

Bierschenk moved/Seeman seconded: To approve and sign law contracts with City of Atkins, not to exceed 936 hours a year at a yearly sum of $23,400 to be paid quarterly.  City of Newhall, not to exceed 780 hours a yearly amount of $19,500 to be paid quarterly.  The City of Shellsburg, not to exceed 1040 hours a year at a yearly sum of $26,000 to be paid quarterly all effective July 1, 2020 through June 30, 2021.

Bierschenk n moved/Seeman seconded: To approve Resolution #20-49, Approval and Disapproval of Business Property Tax Credits (BPTC) for the 2019 Assessment year. Motion carried.

Bierschenk moved/Seeman seconded: To enter into closed session pursuant to Iowa Code 21.5(1)k Motion carried at 11:15 a.m.

                Seeman moved/Bierschenk seconded: To enter back into open session at 11:42a.m. Motion carried.

                Seeman moved/Bierschenk seconded: To act on what was discussed in closed session. Motion carried.

                Seeman moved//Bierschenk seconded: To adjourn. Motion carried.

                                                                                                                _______________________________

                                                                                                                Rick Primmer, Chairman

ATTEST: _________________________________

                Hayley Rippel, Benton County Auditor