May 10, 2016

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 May 3, 2016. Motion Carried.

Wiley moved/ seconded: Approve payment of checks numbered 218917 through 219097, payroll checks numbered 138713 through 138728, and ACH deposits numbered 27376 through 27508, vendor checks numbered 218911 through 218916. Motion carried.

Hertle moved/ Wiley seconded: Approve Class B Liquor License for Watkins Community Athletic Association. Motion carried.

Jessica Levy discussed possibly putting up two business signs on 58th Street. The board wanted to discuss this with the Engineer and look at the locations themselves.

Carol Zander, Director of Benton County Social Services reported to the Board about an upcoming mental health study to be done on regional care facilities (RCF). Supervisor Frese is on the committee and said it started because of money shortage, some regions have taken money away from their care facilities, but we aren’t in that position. The committee will look into which RCF’s to keep, but the recommendation won’t go into effect until 2018.

Benton County Auditor, Jill Marlow discussed the county’s Health Insurance Portability and Accountability Act (HIPPA) policy. It was adopted in 20013 and there are new policies that need to be modified and readopted. If not in compliance, the fines are expensive. Policies have been updated by (ISAC) Iowa State Association of Counties. Benton County would also need a new privacy officer to take over January 1, 2017. Moved by Wiley, seconded by Hertle, To appoint Carol Zander as Benton County’s Privacy Officer, effective January 1, 2017. Motion carried.

Steve Bateman of Erbs Technology Solutions discussed the County’s current IT Services and monthly payments. Benton County currently has two separate contracts. While the county is in the process of finding another vendor for the Managed services contract, they will continue to work with Erbs on a monthly basis as long as they are needed. The county will continue with the managed print contract as it stands now. Bateman said they will be more than willing to help work with our 3rd party Vendor to help make the transitional phase go smooth.

Wiley moved/Hertle seconded: Approve Resolution #16-36 Service Area Budget Amendment. Motion carried.

RESOLUTION #16-36

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 – $10,000 from Function 1220 (Fund 0001 Department 99) to Function 1110 (Fund 0001 Department 28)

IT IS FURTHER RESOLVEDthat said funds are hereby appropriated.

The auditor is directed to make the necessary changes.

Signed this 10th day of May 2016.

_____________________________________

Donald H. Frese

______________________________________

Terry Hertle

______________________________________

Todd Wiley

ATTEST:

_____________________________________

Hayley Rippel, Deputy Benton County Auditor

Discussion was held on the old DHS Building and possibly wanting to sell it and how the Board wants to go about doing this. Will do more research on this matter before making any decisions.

Wiley Moved, Hertle seconded: Certify suspended tax list to Department of Human Services. Motion carried.

Hertle moved/ Wiley seconded: Accept resignation of Valerie Brown, part time transportation driver effective May 4, 2016. Motion carried.

Wiley moved/ Hertle seconded: Approve and Sign Understanding of Services with EideBailly for FY16 Audit.

Hertle moved/Wiley seconded: Approve and Certify FY 15 Cost Allocation Plan. Motion carried.

Scott Bahmann and Karen Phelps with the Benton County Conservation Department and Randy Scheel, Conservation Board Member discussed a current Grant project along the Old Creamery Nature Trail, With the June 10th deadline fast approaching, and the funding was to be spent in the FY 16 Budget. They are finding it hard to meet the deadline with increased costs within the tight time frame. Wyatt Miller with Coots Materials, and Brenna Fall, Snyder and Associates Engineers and Planners were both present to help answer questions regarding the said project.

Wiley moved / Hertle seconded: to approve a request for utility permit(s) requested by Windstream Communication to place fiber optic utility lines in the county’s right-of-way in Harrison Township in sections. Motion carried.

Hertle moved/ Wiley seconded: To sign purchase agreements with Darwin and Sharon Rieck – $1,430.00, Edward and Joni Thoman-$1,920.00 and Asa Daga-$1,000 for permanent and temporary easements for bridge projects in Leroy Township. Motion carried.

The time of 11:00 a.m.having arrived and this being the time and date for a public hearing on the third and final consideration of Ordinance #71, An Ordinance Regulating The Operation of all-terrain vehicles and off-road vehicles in Benton County, Iowa. The board took up the matter for discussion. Chairman Frese opened the public hearings with one media member present and three members from the public along with County Engineer. The discussion for a resolution to prepare for the excluded roads was had, and also changing the wording in the ordinance Section 3 to read gravel or dirt county roads. Hearing no further comment, the Chair declared the public hearing closed.

Wiley moved/Hertle seconded: Adopt Resolution #13-95, Adopting Ordinance #71. Motion carried.

RESOLUTION #13-95

ADOPTING ORDINANCE #71, ORDINANCE REGULATING THE OPERATION OF ALL-TERRAIN VEHICLES

AND OFF-ROAD VEHICLES IN BENTON COUNTY, IOWA.

WHEREAS, the Board of Supervisors desires to adopt Ordinance #71, All-Terrain Vehicles and Off-Road Vehicles; and

WHEREAS, notice of the considerations of said ordinance were published in the official newspapers of Benton County; and

WHEREAS, a copy of said Ordinance was available to the public in the Benton County Auditor’s office,

NOW THEREFORE BE IT RESOLVED by the Benton County Board of Supervisors that Ordinance #71, An Ordinance Regulating the Operation of All-Terrain Vehicles and Off-Road Vehicles is fully adopted. The Benton County Auditor is directed to publish Ordinance #71 in its entirety in the official newspapers of Benton County.

ORDINANCE NO. 71

ORDINANCE REGULATING THE OPERATION OF ALL-TERRAIN VEHICLES

AND OFF-ROAD VEHICLES IN BENTON COUNTY, IOWA.

SECTION 1 PURPOSE.This ordinance shall identify regulations regarding all-terrain vehicles and/or off-road utility vehicles operation on the portion of county roadways as designated by the Benton County Board of Supervisors.

SECTION 2 DEFINITIONS.The definitions of terms used in this ordinance are:

1) All-terrain Vehicle as defined by Iowa Code section 321I.1 means a motorized vehicle with not less than three and not more than six non-highway tires that is limited in engine displacement to less than one thousand two hundred cubic centimeters and in total dry weight to less than one thousand two hundred pounds and that has a seat or saddle designed to be straddled by the operator and handlebars for steering control.

2) Off-road Utility Vehicle as defined by Iowa Code section 321I.1 means a motorized vehicle with not less than four and not more than eight non-highway tires or rubberized tracks that have a seat that is of bucket or bench design, not intended to be straddled by the operator, and a steering wheel or control levers for control. “Off-road Utility Vehicle” includes the following vehicles:

a) “Off-road Utility vehicle – Type 1” means an Off-road Utility Vehicle with a total dry weight of one thousand two hundred pounds or less and a width of fifty inches or less.

b) “Off-road Utility vehicle – Type 2” means an Off-road Utility Vehicle, other than a Type 1 Off-road Utility Vehicle, with a total dry weight of two thousand pounds or less, and a width of sixty-five inches or less.

c) “Off-road Utility vehicle – Type 3” means an Off-road Utility Vehicle with a total dry weight of more than two thousand pounds or a width of more than sixty-five inches, or both.

3) Highway means the entire width of the right of way between the property lines.

4) Roadway as defined by Iowa Code section 321I.1 means that portion of a highway improved, designed, or ordinarily used for vehicular travel.

5) Restricted roadways are any paved, concrete, sealcoat, or otherwise hard surfaced county roadway and those gravel roadways designated by the Benton County Board of Supervisors with posted signs prohibiting use of ATV/UTV’s.

6) Unrestricted roadways include gravel or dirt roadways that do not have signs prohibiting ATV/UTV use.

SECTION 3. OPERATION ON ROADWAYS. A registered All-terrain Vehicle or Off-road Utility Vehicle may be operated on gravel or dirt county roadways in Benton County pursuant to the restrictions in this ordinance and those restrictions imposed by the Code of Iowa 321I and 321.234A. A person shall not operate an All-terrain Vehicle or Off-road Utility vehicle on gravel or dirt roadways in Benton County unless the operator has a valid driver’s license and is at least 16 years of age. A person under 18 years of age shall be required to take and pass an Iowa Department of Natural Resources approved ATV Education Course and must carry a valid safety certificate on board as proof that the Iowa Department of Natural Resources approved ATV Education Course was successfully completed. Operation of an All-terrain Vehicle and/or Off-road Utility Vehicle is only permitted on the roadway and is restricted from operations in the highway. Residents who reside on a restricted roadway are permitted to operate on that restricted roadway only to reach the nearest unrestricted roadway. Operation is permitted on W26/32nd Ave. and D65/Benton-Buchanan Road for the sole purpose of crossing the Cedar River and only to reach the nearest unrestricted road. Operation may begin at sunrise and must cease at sunset.

SECTION 4 UNLAWFUL OPERATIONS. A person shall not operate an All-terrain Vehicle and/or Off-road Utility Vehicle under any of the following conditions:

1) At a rate of speed greater than thirty five (35) miles per hour or greater than reasonable and/or proper under existing circumstances.

2) In a careless, reckless, or negligent manner so as to:

a) Endanger any person;

b) Cause injury or damage to person or property; or,

c) Create unnecessary skidding or sliding or cause any wheel or wheels to unnecessarily lose contact with the ground.

3) Without a lighted headlight and taillight and operable brakes and muffling device.

4) While under the influence of intoxicating liquor or narcotics or habit-forming drugs.

5) In any tree nursery or planting in a manner which damages or destroys growing stock.

6) On public land, ice or snow in violation of official signs prohibiting such operation.

7) In any park, wildlife area, preserve, refuge or game management area unless permitted by the local governing authority and only then in designated areas.

8) Any portion of a meandered stream or the bed of a non-meandered stream which has been identified as a navigable stream or river by the Iowa Department of Natural Resources and which is covered by water. This provision does not apply to designated riding areas, designated riding trails, construction vehicles engaged in lawful activity and/or the operation of all-terrain vehicles on ice.

9) Upon an operating railroad right-of-way. An All-terrain Vehicle may be driven directly across a railroad right-of-way only at established crossings and only after yielding to oncoming traffic.

10) With more persons on the vehicle than it was designed to carry.

11) On any riding area or trail unless the trail is designated by signs as open to All-terrain and Off-road Utility Vehicle operation.

12) Under the age of 16.

13) Without a valid driver’s license.

14) Being less than 18 years of age without a valid safety certificate on board as proof of successful completion of an Iowa Department of Natural Resources approved ATV Education Course.

15) On a county Level C roadway.

16) On a restricted roadway except for those operators who reside on a restricted road as outlined in Section 3.

17) On a state or federal designated roadway.

SECTION 5 REGISTRATION REQUIREMENT AND OTHER CONDITIONS. Individuals who operate on county roadways in Benton County must annually register the All-terrain Vehicle or Off-road Utility Vehicle with the Iowa Department of Natural Resources through a County Recorder. The following conditions apply:

1. The owner of each All-terrain Vehicle or Off-road Utility Vehicle shall be required to provide proof of ownership including, but not limited to, a bill of sale, Iowa Department of Natural Resources registration or registration from the appropriate out-of-state authority, and Proof of Liability Insurance.

2. All-terrain Vehicles or Off-road Utility Vehicles registered in Iowa are required to display their current registration decal and carry their certificate on board.

3. All-terrain Vehicles or Off-road Utility Vehicles registered in another state are required to also display a valid Iowa Department of Natural Resources User Permit in addition to displaying their current registration decal and carrying their certificate on board.

SECTION 6 EXEMPT VEHICLES. Registration shall not be required for All-terrain Vehicles and/or Off-Road Utility Vehicles used exclusively as farm implements in a farming operation as defined by the Code of Iowa 352.2. However, proof of insurance under Iowa Code 320.20B is required for farm exempt vehicles. Additionally, farm exempt vehicles that are used in a manner not consistent with the farm exemption, Iowa Code 352.2 and 321.234A, are subject to the requirements of this ordinance including registration requirements.

SECTION 7 PENALTIES. Violation of the Ordinance shall constitute a Simple Misdemeanor punishable by a fine of $65.00 to $625.00 plus the applicable court surcharge and costs and/or up to thirty (30) days in jail as set forth in Iowa Code Section 903.1(1(A); any amendments to the Simple Misdemeanor penalties of Iowa Code Section 903.1(1(a) shall be automatically incorporated into this section without need of amending this ordinance.

SECTION 8 SEVERABILITY CLAUSE. If any section, provision, or part of this ordinance shall be judged invalid or unconstitutional such adjudication shall not affect the validity of the ordinance as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional.

SECTION 9 EFFECTIVE DATE. This ordinance shall become effective upon being officially recorded.

Passed and adopted by the Benton County Board of Supervisors on this 10th day of May, 2016.

BENTON COUNTY BOARD OF SUPERVISORS

__________________________________________

Donald H. Frese, Chairman

__________________________________________

Todd Wiley

__________________________________________

Terry L. Hertle

ATTEST: ______________________________

Hayley Rippel, Deputy Auditor

Wiley moved/ Hertle seconded: Adopt Resolution #16- 34 Restricted Roadways for ATV/UTV Ordinance #71. Motion carried.

R E S O L U T I O N #16-34

RESTRICTED ROADWAYS FOR ATV/UTV USE

WHEREAS: Iowa Code §321I.10 allows the Benton County Board of Supervisors to designate roadways on which all-terrain vehicles or off-road utility vehicles may be operated, and

WHEREAS: Benton County Ordinance #71 has defined restricted roadways in Benton County as any paved, concrete, sealcoat or otherwise hard surfaced county roadway as well as Level C roadways, and

WHEREAS: Benton County has identified the following gravel roadways with traffic condition concerns

11th Ave Dr from 76th St to 77 St

17th Ave from 50th St to 51st St

22nd Ave from 55th St to 56th St

24th Ave Dr from 54th St to 55th St

27th Ave Dr from 55th St to 55th St Dr

55th St Dr from 27th Ave Dr to 26th Ave Dr

59th St from 22nd Ave to Vinton city limits

61st St Dr from 24th Ave west to Dead End

31st Ave from 55th St to 56th St Tr

56th St Tr from 31st Ave to 32nd Ave

54th St Tr from 32nd Ave to 33rd Ave

56th St Tr from 57th St Ln to Linn County Line

29th Ave Dr from 58th St to 60th St

59th St Tr from 31st Ave to Linn County Line

61st St Lane from 32nd Ave/W26 to 33rd Ave Dr

33rd Ave Dr from 61st St Ln to 59th St Tr

30th Ave Dr from 61st St Ln to 64th St

Benton Linn Rd from McVay Rd to Yates Rd

Benton Linn Rd from 72nd St to 75th St Dr

32nd Ave from 73rd St to 75th St

78th St Tr from Belle Plaine city limits to 13th Ave

75th St Dr from 33rd Ave Dr to Benton Linn Rd

Benton Iowa Rd from 20th Ave to Iowa County line

28th Ave Dr from 61st St Ln to 60th St

BE IT THEREFORE RESOLVED that these listed gravel roadways be identified as restricted roadways and be restricted from all-terrain vehicle or off-road utility vehicle use.

Signed this 10th day of May, 2016.

____________________________________

Donald H. Frese, Chairman

____________________________________

Todd Wiley

____________________________________

Terry L. Hertle

ATTEST:

_____________________________________

Hayley Rippel, Deputy Benton County Auditor

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

____________________________________

Donald H. Frese, Chairman

ATTEST:

_____________________________________

Hayley Rippel, Benton County Deputy Auditor