Government : Benton County Board of Supervisors Minutes, Feb. 4, Feb. 5

February 4, 2013

The Benton County Board of Supervisors met in special session with Supervisors Sanders, Frese and Hertle present. The meeting was called to order at 1:00 p.m.

The county attorney and county engineer met with the board regarding initiation of condemnation proceedings. David Thompson, Benton County Attorney, stated that he, the county engineer, and assistant county engineer met with Tim and Abney Clark regarding the purchase of property for the Atkins intersection and shoulder widening project. Thompson stated that the Clarks wanted several things that were not very costly. The county drafted a purchase agreement for the Clarks, who then wanted an attorney to review the agreement. The attorney representing the Clarks contacted Thompson last week and wanted additional compensation, but added that his clients would not agree anyway. Thompson stated that he is prepared to proceed with condemnation. Thompson stated that eminent domain is allowed under state and federal law when the property is needed for a public purpose, including improvement of a public roadway or for safety purposes. Thompson and the engineer confirmed that the intersection and the shoulders are being improved for safety purposes.

Myron Parizek, County Engineer, stated that the process for this project had started several years ago when the county submitted an application for HSIP funds – federal funds that were being set aside for highway safety improvement projects. The SAFETY funds were available for high risk rural roads. Parizek stated that this particular segment of roadway met the criteria for funding. The county submitted an application and was accepted for the improvements. The road has had no improvements since being graded in the 1920’s. The improvements were designed using the manual criteria used by the Department of Transportation (DOT). Parizek stated that the design used was due to the traveling public and safety concerns, which were based on accident report history and increased traffic volumes based on DOT traffic counts. Language for the funding criteria is:

“Highway Safety Improvement Program (HSIP) THE HSIP program also includes dedicated funding for the High Risk Rural Road (HRRR) program. HRRR funds are available for construction and operational safety improvements on paved roads, classified as rural major or minor collectors or rural local roads, that have a rate of fatal or major injury crashes that exceed the statewide average, or are likely to experience an increase in traffic volume that will lead to a crash rate in excess of the statewide average, as determined by the Department.”

Parizek stated that the shoulder width is narrow and is less than current design recommendations. Once the shoulder is widened it forces the ditch profile further away from the roadway, flatter slopes are needed for safety on both the fore and back slope. This will enhance snow maintenance on the road, which is prone to severe drifting and will allow snow storage in the ditch, as well as allow the wind to blow snow over the roadway. Specifically, a part of the improvement project that involves Tim and Abney Clark property contours a hill, but the contouring will reduce, if not eliminate, drifting snow.

Supervisor Hertle asked if the condemnation will jeopardize the funding for the project. Parizek stated that it could delay the start of the project for a short time, but the funding is not jeopardized.

Thompson asked the board to authorize a Notice to Condemn under Iowa Code Chapter 306 for road improvements, adding this project was contiguous right-of-way to a secondary road.

Moved by Frese, seconded by Hertle, to proceed with a Notice to Condemn pursuant to Iowa Code 306.29 to Tim and Abney Clark on the property located in the NW1/4 of Section 25-83-9, and more particularly described as follows:

A temporary construction easement over part of Parcel A in the NW1/4 NW1/4 of Section 25, Township 83 North, Range 9 West of the 5th P.M., Benton County, Iowa per survey recorded in Book 10, Page 157 at the Benton County Recorder’s Office further described as follows:

Commencing at the Northwest corner of said Section 25; Thence N87° 33’13”E along the North line of the NW1/4 NW1/4 of said Section 25, 60.00 feet; Thence S01°46’40”E, 198.00 feet to the point of beginning; Thence N87°33’13”E along a line parallel and 198.00 feet distant to the north line of the NW1/4 NW1/4 of said Section 25, 13.00 feet; Thence S01°46’40”E along a line parallel and 73.00 feet distant to the West line of NW1/4 NW1/4 of said Section 25, 149.73 feet; Thence S88°13’20”W, 13.00 feet; Thence N01°46’40”W along a line parallel and 60.00 feet distant to the West line of the NW1/4 NW1/4 of said Section 25, 149.58 feet to the point of beginning containing 0.04 acres (1,945 Sq. Ft.) more or less. Subject to existing easements and restrictions of record.

And acquisition over the West 60.00 feet of the NW1/4 of Section 25, Township 83 North, Range 9 West of the 5th P.M., Benton County, Iowa.

Voting aye were Sanders, Frese, and Hertle. Nays none. Motion carried.

The board continued with their work on the FY14 budget.

Moved by Hertle, seconded by Frese, to adjourn. All members voting aye thereon. Motion carried.

_______________________________

Jason Sanders, Chairman

ATTEST: _________________________________

February 5, 2013

The Benton County Board of Supervisors met in regular adjourned session with Supervisors Sanders, Frese and Hertle present. The meeting was called to order at 9:00 a.m.

Moved by Hertle, seconded by Frese, to approve the minutes of January 29, 2013 and February 1, 2013. All members voting aye thereon. Motion carried.

Moved by Frese, seconded by Hertle, to set March 5, 2013, at 9:15 a.m., as the time and date for a public hearing on a land use change requested by Daniel and Kathleen Cantonwine on a parcel located in the SW1/4 of the SW1/4 of 29-85-9. All members voting aye thereon. Motion carried.

The board discussed the composition of the landfill study committee membership. Moved by Hertle, seconded by Frese, that one member of the study committee be appointed by Farm Bureau as a representative of the rural area. The appointee shall own property in Benton County, but does not have to reside in Benton County for purposes of committee membership. All members voting aye thereon. Motion carried.

The board requested that a meeting with members of the Benton County Historic Preservation Commission be arranged for an upcoming board meeting

Moved by Frese, seconded by Hertle, to adopt Resolution #13-11, AMENDING RESOLUTION 12-36A, ESTABLISHING A REVOLVING LOAN FUND AND PARAMETERS FOR GIFTING LOCAL OPTION SALES AND SERVICES TAX MONEY FOR EMERGENCY SERVICES EQUIPMENT BY REPEALING AND READOPTING RESOLUTION #12-36A. Voting aye were Sanders, Frese, and Hertle. Nays none. Motion carried.

Jeff Kromminga of the Keystone Benefitted Fire District (BFD) requested that funds from the Local Option Sales and Services Fund (LOSST) be reserved for the Keystone BFD for the purchase of a truck for the fire department. Moved by Hertle, seconded by Frese, that $5,000.00 of the LOSST fund is reserved for the Keystone BFD. All members voting aye thereon. Motion carried.

Moved by Frese, seconded by Hertle, to approve the Treasurer’s Semi-Annual Report for the period ending December 31, 2013. All members voting aye thereon. Motion carried.

Benton County Recorder Lexa Speidel requested approval to move part-time employee Melissa Boisen to a full-time deputy. Speidel also requested that Boisen be granted five days of vacation. Hertle states that he had no questions and no problems with the request. Sanders stated that the vacation would be subject to county policy, which provides five days after six months of full-time employment. The board questioned if moving Boisen to deputy would interfere with issuance of passports. Speidel stated that it would not as Boisen would not be authorized to issue any birth certificates. Moved by Hertle, seconded by Frese, to approve the change in employment classification of Melissa Boisen from part-time clerk to full-time deputy in the recorder’s office, effective January 28, 2013. The starting salary is set at 65% of the elected official ($39,856.70). Vacation is pursuant to current county policy. All members voting aye thereon. Motion carried.

The time of 9:30 a.m. having arrived and this being the time and date for the third consideration of Ordinance #67, Pioneer Cemetery Commission. The chair declared the third consideration was open for public comment. There were no comments heard. Hearing no comment, either for or against, the chair declared the public hearing closed. Moved by Hertle, seconded by Frese, to approve the third consideration of Ordinance #67, An Ordinance Establishing a Cemetery Commission. All members voting aye thereon. Motion carried

Moved by Frese, seconded by Hertle, to adopt Resolution #13-12, ADOPTION OF ORDINANCE #67, AN ORDINANCE ESTABLISHING A CEMETERY COMMISSION. Voting aye were Sanders, Frese, and Hertle. Nays none. Motion carried.

The engineer reported that the balance in the landfill bank account in Blairstown on January 31, 2013, was $72,397.51.

Ann Jorgenson and Myron Parizek, representing the Integrated Vegetation Roadside Management commission presented and annual report to the supervisors regarding activities undertaken over the past year and also discussed future projects. The report is filed in the office of the auditor for public inspection.

Moved by Frese, seconded by Hertle, to adopt Resolution #13-13, SERVICE AREA BUDGET AMENDMENT. Voting aye were Sanders, Frese, and Hertle. Nays none. Motion carried.

The board finalized work on the FY14 budget. Moved by Frese, seconded by Hertle, to set March 12, 2013, at 9:30 a.m. as the time and date for a public hearing on the county’s FY14 budget. All members voting aye thereon. Motion carried.

Moved by Frese, seconded by Hertle, to adjourn. All members voting aye thereon. Motion carried.

_______________________________

Jason Sanders, Chairman

ATTEST: _________________________________

Jill Marlow, Auditor