Government : Benton County Board of Supervisor Minutes 6/4/13

June 4, 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 May 28, 2013and May 31, 2013. All members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Frese, to set July 2, 2013, at 9:15 a.m., as the time and date for a public hearing on a land use change requested by Adam and Rachel Chrystal in the NE1/4 of the SW1/4 of 12-85-9. All members voting aye thereon. Motion carried.

The board discussed the emergency response by the City of Vinton and the County to protect infrastructure from forecasted flooding. The board discussed the need to have a specific plan in place as to what protections measures are taken at what flood levels. The board discussed coordinating with the city with the HESCO barriers – commenting that the HESCO barriers seemed more efficient than sandbagging. Discussion included partnering with the city and erecting HESCO barriers so that that the entire area up to the courthouse would be protected. Emergency Management Coordinator Scott Hansen stated that the issue with erecting a total barrier is that storm water outlets would be inside the barriers and measures would need to be taken to prevent water from backing up through those drains. The supervisors requested that a meeting with city officials be scheduled to further discuss protection planning. Sanders also requested that Hansen contact the supervisors in the future should an event occur in the future, as the auditor notified the supervisors when she believed their presence was needed to address concerns.

Moved by Frese, seconded by Hertle, to reappoint Jennifer Zahradnik to a four year term as the supervisors’ representative on the compensation board. The term ends June 30, 2017. All members voting aye thereon. Motion carried.

Moved by Frese, seconded by Hertle, to reappoint Mary Sumy to the Veterans Affairs Board, for a three-year term ending on June 30, 2016. All members voting aye thereon. Motion carried.

The auditor presented a draft proposal of a new handbook policy regarding health insurance. The auditor advised that the proposal was drafted at the request of the supervisors at a prior meeting. The proposed policy had been given to the county attorney’s office prior to the meeting, but the auditor had not been made aware of any issues. Emily Nydle, Assistant Benton County Attorney, was present and stated that she had a concern with the language explaining that an employee was required to work 30 days prior to health insurance taking effect. Nydle was concerned that the language could be interpreted differently and asked that it be clarified. Nydle also suggested that formatting be changed slightly for ease of administration. Nydle also suggested that the proposal be sent to all employees prior to the board adopting the change. Moved by Frese, seconded by Hertle, that the changes recommended by Nydle be incorporated into the draft and then distributed to the employees. All members voting aye thereon. Motion carried. The matter is placed on the next agenda for final approval.

Carol Zander, Acting Social Services Director, met the board regarding the General Assistance resolution discussed at previous meetings. Jill Marlow, Benton County Auditor, presented a new resolution that incorporated the original resolution adopted in 2005 and all of the changes to it. Marlow recommended that the Board repeal all previous resolutions and adopt the resolution presented. Marlow stated that there was an issue with the resolution setting amounts for cremation services. Marlow stated that the supervisors had established the rates effective January 2011, but that the rates had been increased since that time without board action. Zander requested that the procedure be changed to allow her to establish the rates for cremation services annually without board action. Supervisors Frese and Hertle stated that they believed that the rates should be set by the supervisors. Moved by Frese, seconded by Hertle, to adopt Resolution #13-42, REPEALING RESOLUTIONS 05-42, 10-70, 10-71, and 13-40, in their entirety. Voting aye were Sanders, Frese, and Hertle. Nays none. Motion carried.

Moved by Hertle, seconded by Frese, to adopt Resolution #13-43, Benton County General Assistance Policies and Procedures Manual and Resolution #13-44, Benton County General Assistance Establishing Cremation Service Rates. Voting aye were Sanders, Frese, and Hertle. Nays none. Motion carried.

Moved by Hertle, seconded by Frese, to accept and direct the chair to sign the Understanding of Services between BentonCountyand EideBailly for the county’s fiscal year 2013 budget. All members voting aye thereon. Motion carried.

Moved by Frese, seconded by Hertle, to accept the resignation of Dr. Mark Dearden as Deputy Medical Examiner and as board member on the Benton County Public Health Board. The resignation from the Public Health Board is effective upon appointment of a member to fill the position. The resignation as Deputy Medical Examiner is effective July 24, 2013. All members voting aye thereon. Motion carried. The Board extends their gratitude to Dr. Dearden for his years of service to BentonCounty.

Supervisor Sanders reported that a tentative agreement had been reached between BentonCountyand Teamsters, representing the employees of the sheriff’s department. The tentative agreement provides for 2% across-the-board wage increase, with patrol deputies and detective received an additional twenty cents. Health insurance contributions will be $20.00 for a single plan per month and $175.00 for a family plan per month. The agreement is for one year. Moved by Frese, seconded by Hertle, to approve the tentative agreement between BentonCountyand the Teamsters, representing the sheriff’s department employees. All members voting aye thereon. Motion carried.

Moved by Frese, seconded by Hertle, to approve the law enforcement agreement with the City of Blairstownfor 780 hours of annual coverage by the sheriff’s department at cost of $17,550. All members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Frese, to approve two utility permits requested by Interstate Light and Power Co to place utility lines in the county’s right-of-way in Sections 15 and 16 of UnionTownship, east and west of 19th Avenue. This is a result of the county replacing two box culverts and the need to move utility lines. All members voting aye thereon. Motion carried,

The time of 10:00 a.m.having arrived, and this being the time and date set for a public hearing on vacating an alley located in Lot 1 of Block 11 Tuttle’s Addition to Norway, Iowa, the board took up the matter for consideration. The following persons were present: Gary Boddicker, Wilford Schinker, Gerold Lerch, Jennifer Zahradnik, Bill Supple, Vince Schulte, Tom Budak, Don Volz, County Engineer Myron Parizek, County Attorney David Thompson, and Assistant County Attorney Emily Nydle.

CountyEngineerParizek explained that the issue had been brought up several weeks ago regarding property currently owned by Marcus Morin in Lot 1 of Block 11 of Tuttle’s Addition to Norway. . Parizek stated that the alley is located within the corporate limits of Norwaybut the county holds the deed. Parizek explained that when the town of Norwaywas first platted, an alley was platted that runs through Morin’s property. Parizek stated that apparently the alley has not been recognized and recent transfers and Morin’s have been paying property taxes on the parcel. Parizek stated that the parcel is currently in the name of BentonCountyand of the alley is vacated; it would then be deeded to Morin. Alternatively, the county could give the alley to the City of Norway. Parizek stated that the alley has been established for over 100 years; however it has overgrowth and has not been used as an access. Parizek stated that he was unaware if the alley was passable or if it had been maintained by the city.

The board heard comments both for and against the vacation of the alley. Adjoining property owner Don Volz stated that he supported leaving the alley and gifting it to the city. Volz stated that in the wintertime it is difficult to get up the hills in Norway.

Gary Boddicker added that the city had maintained the alley in the past. Boddicker stated that the city did not trim bushes since it was unknown where the property lines were, but that black top cold mix had been placed in the alley, while he was a maintenance worker for the City of Norway.

Wilford Schinker stated that he had been using that alley all of the time over the past 80 years. He stated that kids on bicycles always used the alley and that many people walk through it and that it had been an alley as long as he could remember.

Jennifer Zahradnik, attorney for Morin, stated that an old abstract reflected that the alley had been deeded to BentonCountyin 1875, but all subsequent ownership transfers have not excepted out the alley. Zahradnik stated that here client has been paying taxes on the alley – reiterating that the lot has not shown an exception for the parcel for over 100 years.

Discussion was held as to utilities located in the alley. Boddicker stated that there was a gas line main along the south side of the alley and Budak believed that Mediacom also had utilities along the north side of the alley.

Bill Sueppel, attorney for the City of Norway, stated that the alley had been used as an alley as long as anyone could remember and the city would like to have the alley given to them.

Zahradnik questioned if the city was prepared to reimburse her client for the taxes that he had paid on the parcel over the years. Zahradnik added that the City of Norway had problems with knowing where the streets and alleys are in town – adding that she has another client that is dealing with issues with the city. Zahradnik stated that here clients were told by the City of Norway to obtain a survey of the parcel and that the city would deal with it.

Boddicker stated that Morin was asked to attend a city council meeting but never appeared and that Morin has the alley blocked off now.

Budak stated that when Morin did attend a council meeting that he was told that the city would have to follow the law in addressing the matter and hold a public hearing. The matter was placed on hold due to another issue south of the tracks. Budak added that Morin has no authority to do anything with the alley. Zahradnik responded that the city does not own the alley and that there is a question as to ownership since it has not been excepted out in transfers of ownership for 100 years.

It was questioned if the streets and alleys in Norwaywere owned similar to county roads with ownership to the middle of the road. Parizek responded that Morin owned the entire parcel that the alley ran through and that adjacent property owners to Morin would not have an interest.

CountyAttorneyThompson questioned if Norwaywas going to continue to use the alley. Sueppel advised that the city was still discussing the matter. Thompson stated that the city’s intended use would be germane to the board’s decision. Sueppel stated that the city wanted to have discussions with the citizens and gather input from them. Sueppel reiterated that the matter is a city issue and not a county issue and that the city wanted the alley given to them. Thompson asked for clarification if the city wanted the alley deeded to them to use an alley. Sueppel responded that was his understanding.

Supervisor Frese commented that the county had no use for the alley and that the county didn’t know they owned it prior to this matter.

Thompson told the board that they either needed to vacate the alley and deed it back to Morin or deed it to the city though a gift.

Supervisor Frese opined that the county should deed the alley to the city and let the city work it out. Thompson stated that the city would not “work it out” that the city intended to keep it. Zahradnik cautioned that legal action could be pursued. Frese stated that it was his position that the alley be quit claim deeded to the city.

Supervisor Sanders questioned if the county had any liability and Thompson responded that the county did not.

Zahradnik reminded the board that the alley (1 rod) was given to BentonCountyin 1875 and since that time every transfer between property owners did not exclude that 1 rod. Zahradnik stated that when Morin’s purchased the property they believed they were getting the entire parcel and have been paying taxes on it.

Supervisor Hertle questioned why the issue hadn’t been found sooner since abstracts are generally prepared and title opinions given every time the property is transferred. Zahradnik stated that she did not review the abstract at the time of purchase, but that she went through the abstract and found the 1 rod belonging to BentonCounty.

Supervisor Sanders asked if there were any further comments and hearing none declared the public hearing closed at 10:25 a.m.

County Attorney Thompson stated that the county has no interest in the alley and that it should either be given to the property owners or to the city to be used as an alley through a quit claim deed. Thompson added that any legal action will be between the property owner and the city.

Supervisor Sanders stated that there may be other properties with the county holding deed and whatever action the board took it should be something that can be repeated should it come up again.

The matter before the board was summarized with the options being that the alley could be vacated and deeded back to the property owner as property cannot be gifted to a private individual, or it could be gifted to the city. The property was given in 1863 to make a town, which was platted and in 1875 the lot and alley were recognized, but that from that date forward the description and taxation do not match up. Zahradnik added that a deed from sheriff in 1874 gave Lot 1, Block 11 of Tuttle’s Addition to Joanna Toushe and in 1875 Toushe deeded the alley to Benton County.

Supervisor Sanders stated that he was struggling with the issue; however Supervisor Frese stated that the city always thought they owned it. Moved by Frese, seconded by Hertle, to gift the alley located in Lot 1, Block 11, of Tuttle’s Addition to Norway, Iowa, to the City of Norway. All members voting aye thereon. Motion carried. The engineer is to prepare the necessary quit claim deed and present it for the board’s signature.

Jerry Petermeier met with the Board on behalf of the Cedar Valley Ranch. Petermeier requested that the parking area at the facility be sealcoated. Petermeier stated that the current sealcoat had deteriorated over time and was in need of re-application. County Engineer Myron Parizek agreed to have his department perform the work and would coordinate with Petermeier.

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

_______________________________

Jason Sanders, Chairman

ATTEST: _________________________________

Jill Marlow, Auditor