Benton Co. Board of Supervisor minutes/claims, March 8

March 8, 2016

(Click HERE to see the list of claims approved for payment at this meeting)

The Benton County Board of Supervisors met in regular session with all members present. The chair called the meeting to order at 9:00 a.m.

Unless otherwise noted, all actions were approved unanimously.

Hertle moved/Wiley seconded: Approve minutes of March 1, 2016. Motion Carried.

Wiley moved/Hertle seconded: Approve payment of checks numbered 218212 through 218366 payroll checks numbered138631 through 138649, and ACH deposits numbered 26856 through 26983, vendor checks numbered 218367 through 218372. Motion carried.

Hertle moved/Wiley seconded: Appoint Gary Benson to Eminent Domain for owner of city property for 2016. Motion carried.

Wiley moved/Hertle seconded: Approve Class C Liquor License for Tara Hills Country Club. Motion carried.

Hertle moved/Wiley seconded: to set Tuesday April 5, 2016 at 9:15 a.m., as the time and date for a land use hearing on a land use change requested by Robert and Denise Cue in the NE ¼ of the NW ¼ of Sec 5-86-10. Motion carried.

Wiley moved/Hertle seconded: to set Tuesday April 5, 2016 at 9:30 a.m., as the time and date for a land use hearing on a land use change requested by Jason Karr in part of the NE ¼ of the SE ¼ of Sec 2-85-9. Motion carried.

Hertle moved/Wiley seconded: To give official Notice to have ICN start the installation process for DHS office internet. Motion carried.

Wiley moved/Hertle seconded: to authorize Chairman to sign Heartland Insurance Renewal Questionnaire. Motion carried.

Wiley moved/Hertle seconded to Approve Resolution #16-15 AMENDING RESOLUTION #16-14. Motion carried.

RESOLUTION #16-15

AMENDING

RESOLUTION #16-14

WHEREAS, the Benton County Board of Supervisors adopted Resolution #16-14 on February 9, 2016, gifting $48,000.00 of Local Option Sales and Services funds to the Urbana Fire Department; and

WHEREAS, the Urbana Fire Department has submitted a purchase order totaling $482,540.00; and

WHEREAS, the guidelines for gifting LOSST funds for emergency services is 10% of the cost,

NOW THEREFORE BE IT RESOLVED that the Benton County Board of Supervisors amends Resolution #16-14, by striking the amount of $48,000.00 and inserting in lieu thereof $48,254.00.

Adopted this 8th day of March 2016.

____________________________________

Donald H. Frese, Chairman

____________________________________

Todd A. Wiley

____________________________________

Terry L. Hertle

ATTEST:

_____________________________________

Hayley Rippel, Deputy Benton County Auditor

Hertle Moved/Wiley seconded: to Approve Resolution #16-16 SERVICE AREA BUDGET AMENDMENT. Motion carried.

RESOLUTION #16-16

SERVICE AREA BUDGET AMENDMENT

WHEREAS, the Benton County Board of Supervisors adopted the FY2016 budget on March 10, 2015; and

WHEREAS,the Board now desires to amend said budget within a service area to reallocate funds;

NOW, THEREFORE BE IT RESOLVEDby the Benton County Board of Supervisors that the FY2016 county budget is hereby amended within the following service areas:

Service Area 1 - $3,165.00 from Function 1220 (Fund 0001 Department 99) to Function 1220 (Fund 0040 Department 99)

IT IS FURTHER RESOLVEDthat said funds are hereby appropriated.

The auditor is directed to make the necessary changes.

Signed this 8th day of March 2016.

_____________________________________

Donald H. Frese

______________________________________

Todd Wiley

______________________________________

Terry Hertle

ATTEST:

_____________________________________

Hayley Rippel, Deputy Benton County Auditor

The time of 9:30 a.m. having arrived and this being the time and date for a public hearing on the county’s FY17 budget, the chair opened the public hearing for comment. There were no members of the public present. Two members of the media were present, along with other employees of the county. The compensation board’s recommendations for elected officials’ salaries were presented. There were no comments voiced in opposition or support of the recommendations. There were no comments heard in opposition to the FY16 budget proposal. Hearing nothing further, the chair declared the public hearing closed at 9:35 a.m.

Hertle moved/Wiley seconded: To approve Resolution #16-17 ELECTED OFFIALS’ SALARIES. Motion carried.

RESOLUTION #16-17

ELECTED OFFICIALS’ SALARIES

WHEREAS, the Benton County Compensation Board met on January 13, 2016, and recommended increases in the salaries of the elected officials pursuant to Iowa Code Sections 331.905 and 331.907; and

WHEREAS, said recommended increases are as follows:

Official FY 2016 (current) FY 2017 (proposed) Increase

Attorney $95,234.59 $97,139.28 $1,904.69

Sheriff $79,061.72 $80,642.95 $1,581.23

Auditor $69,351.65 $70,045.17 $ 693.52

Treasurer $64,943.55 $66,242.42 $1,298.87

Recorder $64,943.55 $66,242.42 $1,298.87

Supervisors $38,614.14 $39,000.28 $ 386.14

NOW THEREFORE BE IT RESOLVED that the Benton County Board of Supervisors adopts the salary recommendations for elected officials for the fiscal year beginning July 1, 2016, as recommended by the Benton County Compensation Board.

Dated this 8th day of March 2016.

____________________________________

Donald H. Frese, Chairman

____________________________________

Terry L. Hertle

____________________________________

Todd Wiley

ATTEST:

_____________________________________

Hayley Rippel, Deputy Benton County Auditor

Wiley moved/Hertle seconded to adopt Resolution #16-18 ADOPTION OF THE FY17 COUNTY BUDGET. Motion Carried.

RESOLUTION #16-18

ADOPTION OF THE FY17 COUNTY BUDGET

BE IT REMEMBEREDthat on this, the 8th day of March 2016, the Board of Supervisors of Benton County, Iowa, met in session for the purpose of holding a public hearing on the proposed budget for fiscal year 2016-17 as filed with the Board. There was present a quorum as required by law. The notice and place of hearing had, according to law and as directed by the Board, been published in the Star Press Union, Cedar Valley Times, and Vinton Eagle, the official newspapers published in Benton County.

The budget was then taken up and considered. The public was provided an opportunity to speak.

The County Compensation Board recommendation for FY17 salaries for elected officials and as set forth and adopted in Resolution #16-17 is included in the FY17 budget.

BE IT FURTHER RESOLVEDthat a committed fund balance designation of the ending fiscal year fund balance be established for the following purposes:

General Basic - $532,500 – Vehicle Replacement, infrastructure upgrades/repair, IT upgrades

General Other - $2,085 – Historic Preservation

General Supplemental - $50,000.00 – Emergency Response and $100,000 election equipment replacement (included in Restricted Balance)

Rural Services - $16,000 Vehicle Replacement (included in Restricted Balance)

Other - EMS $119,457; LOSST $298,000 – Technology upgrades and GIS reflight (included in Restricted Balance)

FURTHERthe commitment of fund balances indicates that Benton County prefers to use available financial resources for the specific purposes set forth above, and although committed, the funds are to remain an integral part of the spendable or appropriable resources of Benton County.

The budget as adopted will approve the following property taxes for fiscal year 2016-17 (without gas and electric):

General Basic $4,628,546

General Supplemental $1,045,575

Mental Health Services $ 834,447

Rural Services Basic $2,522,182

Debt Service $ 134,359

IT IS THEREFORE RESOLVED, by the Benton County Board of Supervisors that the FY17 budget is hereby adopted.

Dated this 8th day of March 2016.

_____________________________________

Donald H. Frese, Chairman

_____________________________________

Terry L. Hertle

______________________________________

Todd Wiley

ATTEST:

_____________________________________

Hayley Rippel, Deputy Benton County Auditor

Breanna Shea,Iowa Flood Center Outreach Coordinater along with Larry Webber, the University of Iowa, Jennifer Fencl and Gary Hughes with ECICOG presented and explained to the board the HUD Award update and the proposal for the Iowa Watersheds Project. More specifically creating the Middle Cedar Watershed.

Wiley moved/Hertle seconded: to Approve Resolution #16-19 RESOLUTION APPROVING THE ARTICLES OF AGREEMENT CREATING THE MIDDLE CEDAR WATERSHED MANAGEMENT AUTHORITY. Motion carried.

Resolution#16-19

Resolution approving the articles of agreement

creating the Middle cedar watershed management authority

WHEREAS, In 2010, Iowa lawmakers passed legislation authorizing the creation of Watershed Management Authorities.

WHEREAS, A Watershed Management Authority (WMA) is a mechanism for cities, counties, Soil and Water Conservation Districts (SWCDs) and stakeholders to cooperatively engage in watershed planning and management.

WHEREAS, the County of Benton desires to enter into an Agreement that would establish a Watershed Management Authority within the Middle Cedar Watershed (Hydrologic Unit Code #07080205) to enable cooperation in watershed planning and improvements pursuant to Iowa Code Chapter 466B.23 and;

WHEREAS, Chapter 28E of the Code of Iowa provides the authority for public agencies to enter into agreements for their mutual advantage and;

WHEREAS, this Agreement is made and entered into by the eligible political subdivisions within the Middle Cedar Watershed that adopt these Articles of Agreement, including but not limited to the Cities of Cedar Falls, Cedar Rapids, Evansdale, Hudson, La Porte City, and Vinton; Benton, Black Hawk, Tama, and Linn Counties; and Black Hawk and Tama Soil and Water Conservation Districts;

NOW BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF BENTON COUNTY, IOWA that Supervisor Todd A. Wiley or the Board’s designee is hereby authorized to sign and execute the Articles of Agreement for the Middle Cedar Watershed Management Authority, a copy of which is attached hereto and incorporated herein by this reference; and

BE IT FURTHER RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF BENTON, IOWA that said Agreement is hereby approved as to form and content and is found to be in the best interest of the County of Benton, Iowa and the eligible political subdivisions that adopt these Articles of Agreement, including but not limited to the Cities of Cedar Falls, Cedar Rapids, Evansdale, Hudson, La Porte City, and Vinton; Benton, Black Hawk, Tama, and Linn Counties; and Black Hawk and Tama Soil and Water Conservation Districts; and

BE IT FURTHER RESOLVED BY THE BOARD OF SUPERVISORS OF BENTON COUNTY that the Auditor is hereby authorized to file a copy of this Resolution and Agreement with the Secretary of State, as required by Chapter 28E, Iowa Code.

It was moved by ________________ and seconded by _____________ that the Resolution be adopted.

PASSED andAPPROVED this _______ day of ___________, 2016.

_________________________ ATTEST: ________________________

Donald H. Frese, Chairman Hayley Rippel, Deputy Auditor

Benton County Board of Supervisors Benton County, Iowa

Benton County, Iowa

Middle Cedar Watershed Management Authority Agreement

Between Benton County and ___your entity/governmental body________

THIS AGREEMENT is entered into pursuant to Iowa Code chapter 28E by and between Benton County, Iowa, and ___other parties including counties, cities, soil and water conservation districts_____ to wit:

WHEREAS, Iowa Code section 466B.22 authorizes two (2) or more political subdivisions, defined as including cities, counties, and soil and water conservation districts, all of which must be located within the same United States Geological Survey Hydrologic Unit Code 8 Watershed, to enter into agreement under Iowa Code Chapter 28E to establish a watershed management authority to enable cooperation in supporting watershed planning and improvements for the mutual advantage of the political subdivisions involved; and

WHEREAS, pursuant to Iowa Code Section 466B.23, a watershed management authority may perform all of the following duties:

1. Assess the flood risks in the watershed.

2. Assess the water quality in the watershed.

3. Assess options for reducing flood risk and improving water quality in the watershed.

4. Monitor federal flood risk planning and activities.

5. Educate residents of the watershed area regarding water quality and flood risks.

6. Allocate moneys made available to the authority for purposes of water quality and flood mitigation.

7. Make and enter into contracts and agreements and execute all instruments necessary or incidental to the performance of the duties of the authority. A watershed management authority shall not acquire property by eminent domain; and

WHEREAS, the Counties of _________________________; and the Cities of ______________________; and the Soil and Water Conservation Districts of ______________________ deem establishment of the Middle Cedar Watershed Management Authority (the “Authority”), a watershed management authority encompassing all of the Iowa portion of the Middle Cedar Watershed (also the “Watershed”), a Hydrologic Unit Code 8 (HUC 8 ID #07080205) Watershed, to be of mutual advantage; and

WHEREAS, it is mutually desired to enter into this Agreement pursuant to Iowa Code Chapter 28E for the purpose of establishing the Middle Cedar Watershed Management Authority to carry out watershed planning and improvements in the Middle Cedar Watershed; and

NOW, THEREFORE, it is agreed by and between the parties as follows:

SECTION 1. IDENTITY OF THE PARTIES.

1.1 The Counties of _____________________ are each a political subdivision of the State of Iowa, organized and operating pursuant to Iowa Code Chapter 331. Their respective addresses are:

1.2 The Cities of ______________ are each a municipality of the State of Iowa, organized and operating pursuant to Iowa Code chapter 364. Their respective addresses are:

1.3 The Soil and Water Conservation Districts of _________ are each a governmental subdivision of the State of Iowa as defined in Iowa Code Section 161A3(6) and a soil and water conservation district established pursuant to Iowa Code Section 161A5(1). Their respective addresses are:

SECTION 2. PURPOSE.

2.1 The purpose of this Agreement is to provide for the manner in which the parties shall cooperate with one another to successfully plan for and implement watershed improvements within the Middle Cedar Watershed, including but not limited to the following activities authorized pursuant to Iowa Code section 466B.22:

1. Assess the flood risks in the watershed.

2. Assess the water quality in the watershed.

3. Assess options for reducing flood risk and improving water quality in the watershed.

4. Monitor federal flood risk planning and activities.

5. Educate residents of the watershed area regarding water quality and flood risks.

6. Seek and allocate moneys made available to the authority for purposes of water quality and flood mitigation.

SECTION 3. CREATION OF THE AUTHORITY.

3.1 Upon the effective date stated in this Agreement there is hereby created a public agency to be known as the "MIDDLE CEDAR WATERSHED MANAGEMENT AUTHORITY" (the “Authority”). The Authority shall be a political subdivision of the State of Iowa and a legal entity separate and distinct from the corporate existence of any participating parties to this Agreement, and shall be subject to the control and supervision of any party to this Agreement or their officers and directors, only to the extent provided for herein.

3.2 A joint board of the participating political subdivisions known as the Middle Cedar Watershed Management Authority Board (the “Board”) shall be responsible for fulfilling the purpose of the Authority. The Board shall be comprised of one appointee from each county, city and district participating in this Agreement. The Board shall adopt Bylaws governing the administration, development, operation and management of the Authority.

3.3 Each participating political subdivision shall be known as a Member. Each Member shall appoint a Director to the Board of the Authority.

SECTION 4. DURATION. This Agreement shall be in effect perpetually until terminated pursuant to Section 10.

SECTION 5. POWERS AND DUTIES.

5.1 The Members shall retain all powers and duties conferred by law and shall assist each other in the exercise of such powers and the performance of such duties as are provided for in this Agreement. Each Member shall be jointly responsible for focusing attention on:

a. Assessing the flood risks in the watershed.

b. Assessing the water quality in the watershed.

c. Assessing options for reducing flood risk and improving water quality in the watershed.

d. Monitoring federal flood risk planning and activities.

e. Educating residents of the watershed area regarding water quality and flood risks.

f. Allocating moneys made available to the authority for purposes of water quality and flood mitigation.

g. Making and entering into contracts and agreements and executing all instruments necessary or incidental to the performance of the duties of the authority. A watershed management authority shall not acquire property by eminent domain.

5.2 A Member may, but will not be required to, accept a specific responsibility to assist in achieving the goals of the Authority. Acceptance of such responsibilities shall only be by official action of the governing body of the Member. These responsibilities include but are not limited to:

a. identifying opportunities for funding and in-kind support for the undertaking of watershed planning and improvements within the Middle Cedar Watershed;

b. serving as fiscal agent for the Authority when funds are received from any source;

c. identifying opportunities for infrastructure development and planning capable of assessing and mitigating flood risks in the Watershed;

d. identifying the most effective best management practices for improvements of water quantity and water quality improvements in the Watershed;

e. participating in any educational/outreach programs regarding water quality and flood risks;

f. identifying opportunities for infrastructure development and planning capable of assessing and improving water quality in the Watershed;

g. providing support for the administration of any projects, including technical, financial and clerical, as agreed to by the parties;

h. securing such financing, including grants, loans and the issuance of bonds or loan agreements, as determined to be necessary or desirable to achieve the objectives of the agreement;

i. coordinating with local wastewater utilities;

j. designing and bidding of projects;

k. administering contracts; and

l. observing construction.

SECTION 6. MANNER OF FINANCING. The Board may solicit, accept and receive donations, endowments, gifts, grants, reimbursements and other such funds as necessary to support work pursuant to this Agreement.

No action to contribute funds by a Director of the Authority is binding on the Member that he or she represents without official approval by the governing board of that Member. No Member may be required to contribute funds to the Authority, except to fulfill any obligation previously made by official action by the governing body of the Member.

All funds received for use by the Authority shall be held as a special fund by the fiscal agent designated by the Board of the Authority. When funds are provided as a grant or loan directed to a Member of the Authority for a project administered by that Member, the funds shall be retained and administered by that Member.

SECTION 7. ENTIRE AGREEMENT.

7.1 This Agreement contains the entire agreement of and integrates all of the terms and conditions contained in and incidental to such Agreement. No modifications or waiver of any provision in this Agreement shall be valid unless in writing and signed by all of the parties. If, for any reason, any provisions of this Agreement shall be inoperative, the validity and effect of the other provisions shall not be affected thereby.

7.2 If any provision of this Agreement is found to be invalid by any court, administrative agency or tribunal or competent jurisdiction, the invalidity of any such provision shall not affect the validity of the remaining provisions hereof.

SECTION 8. GOVERNING LAW. This Agreement shall by governed by and interpreted under the laws of the State of Iowa and shall meet all the necessary legal requirements and publications as outlined in Iowa Code Chapter 28E and other applicable Iowa laws.

SECTION 9. AMENDMENTS. This Agreement may be amended at any time by approval from all of the governing boards of the Members of the Authority. All amendments shall be in writing, executed by the authorized representative of each governing board of the Members, and filed in an electronic format with the Iowa Secretary of State as required by Iowa Code Section 28E.8.

SECTION 10. TERMINATION. This Agreement shall terminate upon the majority vote or mutual agreement of the governing bodies of all Members of the Authority. Upon termination, all property and money then owned by the Authority shall be distributed according to the Member’s contribution levels among the Members after payment of all debts. Any funds donated under a stipulation limiting their use shall be disbursed consistent with the donor’s direction.

SECTION 11. EFFECTIVE DATE. This Agreement shall take effect upon execution by the parties as required by law and upon filing with the Secretary of State in an electronic format as required by Iowa Code Section 28E.8.

SECTION 12. WITHDRAWAL FROM MEMBERSHIP. Any Member may withdraw from the Authority by the action of its governing board, unless the Authority then has unpaid debts or legal obligations, in which case the consent of the governing boards of the remaining Members to the withdrawal is required. Such withdrawal will forfeit any right to a distribution in conjunction with a subsequent termination of this Agreement.

SECTION 13. WATERSHED BOUNDARY. The geographical area to which this agreement applies shall be known as the Middle Cedar Watershed. The Middle Cedar is a United States Geological Survey Hydrologic Unit Code (HUC 8 ID #07080205) Watershed. The boundary of the Watershed is graphically displayed in Attachment I, which is hereby incorporated into this Agreement.

SECTION 14. INDEMNIFICATION. The Authority shall indemnify, defend, keep, save, and hold harmless the Members and their officers and employees from and against any and all losses, claims, damages, liability, costs, expenses, or deficiencies (including without limitation reasonable attorneys’ fees and other costs and expenses reasonably incident to proceedings or investigations or the defense or settlement of any claim or claims) arising out of the Authority’s activities, including without limitation challenges to the organization, creation or status of the Authority, whether based on tort, antitrust, non-competition, wage and hour violations, or any other claim of illegality, and whether based upon state, federal, local, or common law.

ATTACHMENT I

Dated this 8th day of March, 2016.

BENTON COUNTY, IOWA

BY: _____________________________________________________

Board of Supervisors Chair

ATTEST: _____________________________________________________

County Auditor

________city___________, IOWA

BY: _____________________________________________________

Mayor

ATTEST: _____________________________________________________

City Clerk

________SWCD___________, IOWA

BY: _____________________________________________________

Chair

Hertle moved/Wiley seconded: To approve the part-time hire of Denise Westerhoff at $14/ hour and Joni Fowler at $11/hour in the Treasurer’s office effective March 9, 2016. Motion carried.

Wiley moved/Hertle seconded: To adjourn. Motion carried.

____________________________________

Donald H. Frese, Chairman

ATTEST:

_____________________________________

Hayley Rippel, Benton County Deputy Auditor

News : Benton Co. Board of Supervisor minutes/claims, March 8

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