Government : Benton County Board of Supervisors Minutes 11/10/20

November 10, 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 approve the minutes of Tuesday, November 3, 2020. Motion carried.

Bierschenk moved/Seeman seconded: Approve payroll checks numbered 141505 through 141628, ACH deposits numbered 43548 through 43683, claims numbered 236915 through 237130 vendor checks 237131 through 237137 and claims 237138 and 237139. Motion carried.

Seeman moved/Bierschenk seconded: To approve 75 hours of vacation carry over for Ben Turnis to be used by April 30, 2021. Motion carried.

Bierschenk moved/Seeman seconded: To set land use hearing date for Brent and Amy Allee for Tuesday December 8, 2020 at 9:15 a.m. for a part of NW ¼ NE ¼ of 15-85-9. Motion carried.

Seeman moved/Bierschenk seconded: To set land use hearing date for Kevin Gilbrealth for Tuesday December 8, 2020 at 9:30 a.m. for a part of Parcel A in the SW ¼ SW ¼ of 29-83-10. Motion carried.

Bierschenk moved/Seeman seconded: To approve utility permit for T.I.P. REC in Leroy Township to bore underground in the county's right of way. Motion carried.

Seeman moved/Bierschenk seconded: Approve Resolution #20-78, 28E Project Agreement along Linn-Benton Road with Linn County. Motion carried.

RESOLUTION #20-78

28E PROJECT AGREEMENT FOR LINN AND BENTON COUNTY

WHEREAS, Benton County and Linn County would like to share a project; and

WHEREAS, it is understood that this Agreement is between two public agencies and is entered into pursuant to the provisions of Iowa Code Chapter 28E and shall be electronically filed with the Iowa Secretary of State's Office upon execution, as required by law.

Signed this 10th day of November, 2020.

_____________________________________

Rick Primmer, Chairman

_____________________________________

Gary Bierschenk

______________________________________

Tracy Seeman

ATTEST:

_____________________________________

Hayley Rippel, Benton County Auditor

BENTON COUNTY AND LINN COUNTY

28E PROJECT AGREEMENT

This agreement entered into this 10th day of November, by and between Linn County, Iowa, hereinafter referred to as Linn County, and Benton County, Iowa hereinafter referred to as Benton County.

WHEREAS, both Linn County and Benton County are a public agency as is defined by Section 28E.2 of the Code of Iowa, and

WHEREAS, Section 28E.3 of the Code of Iowa provides that any power or powers, privileges or authority exercised or capable of exercise by a public agency of the State of Iowa may be exercised and enjoyed jointly by a public agency of the State of Iowa having such power or powers, and

WHEREAS, it is proposed, that Linn County plan, design and let for bidding a construction project to regrade shared portions of Linn-Benton Road, and

WHEREAS, the Linn County Board of Supervisors and the Benton County Board of Supervisors have informed themselves as to the proposed improvement.

IT IS NOW AGREED that Benton County and Linn County enter into an agreement pursuant to Chapter 28E of the Code of Iowa providing for cooperative action pursuant to the proposed roadway construction project and, said cooperative actions include the following:

1) SCOPE OF WORK - Design, let and construct improvements to Linn-Benton Road per plans and specifications produced by the Linn County Engineer. Work is to include culvert replacements, widen the roadtop, flatten the foreslopes, rock surfacing,

staking, inspection, and other items to complete the project.

2) DURATION - This Agreement shall commence on the date that both parties sign this agreement and shall continue thereafter until the final completion of the project and settlement of the financial conditions of this agreement.

3) PURPOSE - The purpose of this Agreement is to accomplish the proposed project as described herein in accordance with the aforesaid scope of work and in agreement with conditions specified in this Agreement.

4) ADMINISTRATION - Linn County shall be responsible for the administration of this project.

5) Benton County and Linn County agree to save and indemnify and keep harmless, each other against all liabilities, judgments, costs, and expenses which may in any way come against Linn County or Benton County or which in any way result from carelessness or neglect of either party or its agents, employees, or workmen in any respect whatsoever.

6) Benton County and Linn County agree to indemnify and hold each other, their employees and agents, wholly harmless from any damages, claims, demands, or suits by any person or persons arising out of any acts or omissions by Benton County or Linn County, its agents, servants or employees in the course of any work done in connection with any of the matters set forth in this agreement.

7) FINANCING - Linn County shall initially finance the cost of the project. Benton County shall reimburse Linn County for the actual cost of construction plus 7.5% administration fees (design, inspection, plan preparation, etc.) based on proposed plans and attached project estimate for the portion of the project within their corporate limits as they exist at the time the project is complete. Payment shall be made within 30 days of receipt of detailed invoice.

8) TERMINATION: -

a) This Agreement shall be considered binding upon Benton County and Linn County and shall not be terminated until provisions of paragraph 8b are met after actual work has begun on the project.

b) This agreement will be terminated upon final acceptance of the work by Benton County and final settlement of the financial conditions set forth in paragraph 7 thereof.

Executed in triplicate, each of which shall constitute as original, by Linn County on the day of , , and by Benton County on the 10th day of November, 2020.

The Engineer discussed job position openings with secondary roads and the need for office help. Which led to discussion on an employee, the Engineer and Auditor have been sharing over the past few weeks. Rippel would like formal approval from the Board, but the official effective date is yet to be determined due to finding the replacement in the Engineer's office.

Seeman moved/Bierschenk seconded: To approve Resolution #20-79 Hiring in the Auditor's office. Motion carried.

RESOLUTION #20-79

APPROVE HIRE OF AUDITOR CLERK

WHEREAS, the Benton County Auditor requested and was granted approval to hire another employee in the office performing various duties; and

WHEREAS, the Auditor has advertised and conducted interviews for said position, including all veterans who applied; and

WHEREAS, after careful consideration, the Auditor has recommended that Alisha Burmeister be hired to fill the position, said hire being done through a transfer as Burmeister is a current employee of Benton County Secondary Roads department;

WHEREAS, the Engineer will need to find a replacement for Burmeister's vacancy;

THEREFORE, Burmeister will continue doing needed duties and assist training the future new hire who will fill her vacancy;

NOW THEREFORE BE IT RESOLVED by the Benton County Board of Supervisors that the hire/transfer of Alisha Burmeister as clerk in the auditor's office, at an annual salary of $45,000.00 which is effective November 10, 2020, is hereby approved. The Engineer and Auditor will continue to share Burmeister until her replacement is hired at the Engineer's office.

Dated this 10th day of November, 2020.

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Rick Primmer, Chairman

_____________________________________

Gary Bierschenk

______________________________________

Tracy Seeman

ATTEST:

_____________________________________

Hayley Rippel, Benton County Auditor

Gina Edler, Deputy Canvass

Seeman moved/Bierschenk seconded: To declare the canvass of the election to be complete and the votes cast to be official. The official results are to be recorded in the office of the County Auditor. Motion carried.

The results of the General Election held on November 3, 2020, for local candidates as canvassed and approved by the Benton County Board of Supervisors are as follows:

County Supervisor District II - Rick Primmer

County Supervisor District III - Gary Bierschenk

County Auditor - Hayley Rippel

County Sheriff - Ronald J. Tippett

County Treasurer-to fill a Vacancy - Melinda Schoettmer

The following township trustees were elected:

Benton -Steve Cronk and Vernon McClintock

Benton to fill vacancy - Joshua Svoboda (Write-in)

Big Grove - Craig Selk and John Ritscher

Bruce - Kenneth Lassen and Steven Vaughn

Bruce to fill vacancy - Robert Zeien

Canton - Scott DeKlotz and Kirk Tumilty

Eden - Everett Heitshusen and Ben Olson

Eldorado - Trevor Seeman and Scott Thompson

Florence - James Hemesath Roy L. Schulze

Harrison - Walter Bauer and Bryon Geater

Iowa - Dean Jensen and Gene J. Upah

Jackson - John Buhr and James A. Fleming

Leroy - Helen T. Grunewald and Barry Werner (Write-in)

Polk - Scott Hepker and Bill Kester

St. Clair - Bryce Brecht and Edwin L. Wendel

Taylor - Kirk Appleby and Charles Yedlik

The following persons were elected to the Benton County Agricultural Extension:

Greg Svoboda, Duane M. Fisher, Shannon Feuerbach and Marleen Patterson

The following persons were elected to the Soil and Water Conservation:

Mark Happel, Robert Ritscher and Mark Pingenot

The following township clerks were elected:

Canton to fill vacancy - Michael A. Jambois

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

_______________________________

Rick Primmer, Chairman

ATTEST: _________________________________

Hayley Rippel, Benton County Auditor