May 2, 2017

The Benton County Board of Supervisors met in regular adjourned session with Supervisors Wiley, Primmer, and Bierschenk present. The meeting was called to order at 9:00 a.m. Unless otherwise noted, all actions were approved unanimously.

Bierschenk moved/ Primmer seconded: Approve the minutes of April 25, 2017. Motion carried.

Bierschenk moved/Primmer seconded: Approve use of courthouse grounds for Vinton Cruise Committee on July 22, 2017. Motion carried.

Primmer moved/Bierschenk seconded: To approve handwritten check for mobile forensic equipment to be paid by the sheriff’s office along with some grant funding. The equipment will be shared with surrounding cities and they will reimburse the county for a portion that isn’t covered by the grant. Motion carried.

Primmer moved/ Bierschenk seconded: To approve Resolution #s 17-30 through 17-36, Joint Agency Agreements with Buchanan, Black Hawk, Butler, Franklin, Grundy, Linn and Tama Counties. All members voting aye. Motion carried.

RESOLUTION

JOINT AGENCY AGREEMENT

BY AND BETWEEN BENTON COUNTY, IOWA AND OTHER COUNTIES

POTENTIALLY AFFECTED BY AN IOWA WATERSHED APPROACH PROJECT FUNDED THROUGH A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM ALLOCATION FROM THE CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA) # 14.27 UNDER CONTRACT 13-NRDI-002

WHEREAS, Benton County, has been awarded “pass-through” funding by the Iowa Economic Development Authority (IEDA), from the Community Development Block Grant (CDBG) Program of the U.S. Department of Housing and Urban Development (HUD), to plan and implement improvements proposed for enhancement of the Middle Cedar Watershed; and

WHEREAS, as grantee, Benton County is designated “Responsible Entity” to ensure compliance with federal provisions stipulated to be invoked by the National Environmental Policy Act, whereby an assessment must be undertaken to determine whether proposed improvements may significantly affect the human environment, and, if necessary, any mitigating actions; and

WHEREAS, as Responsible Entity, Benton County is likewise lead entity in association with planning and development activities proposed within jurisdiction of the Middle Cedar Watershed subject to environmental review; and

WHEREAS, other noted watershed counties potentially affected by the project include Buchanan, Black Hawk, Butler, Franklin, Grundy, Linn and Tama; and

WHEREAS, Benton County may not independently exercise responsibilities required by environmental review on behalf of another county without joint approval through mutual agreement, now therefore,

BE IT RESOLVED BY THE PARTIES HERETO THAT the Responsible Entity is hereby authorized to determine activities and any mitigating actions to be implemented for watershed improvement(s) within said counties.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized representatives.

For Benton County, Iowa

_________________________________________

Todd A. Wiley, Chairman

ATTEST:____________________________________

Hayley Rippel, Benton County Auditor

Bierschenk moved/Primmer seconded: To enter into closed session pursuant to Iowa Code 21.5(1)c. Motion carried at 10:05 a.m.

Primmer moved/Bierschenk seconded: To enter back into open session at 10:28 a.m. Motion carried.

BIerschenk moved/Primmer seconded: To approve payment of the State Auditor’s bill in the amount of $11,276.49 of pending litigation in June if funds are still available for FY 17 out of district court fund. Motion carried.

Discussion was had on a possible ag equipment bypass around the HWY 150 Bridge North of Vinton. The Engineer thought it would take at least 2 to 3 weeks’ worth of work of preparing such a bypass pending IDOT’s approval. Parizek also got word that the Cedar River Bridge will also be under construction with an estimated start date middle to end of July. The ending projected dates for both bridges he was provided is late September, early October. No action was taken.

Bierschenk moved/Primmer seconded: Approve Resolution #17-37, 2017 Noxious Weed notice. All members voting aye thereon. Motion carried.

Resolution #17-37

DESTRUCTION OF NOXIOUS WEEDS

Be It Resolved by the Board of Supervisors of Benton County, Iowa that pursuant to the provisions of Chapter 317, Code of Iowa, it is hereby ordered:

1. That each owner and each person in the possession or control of any lands in Benton County shall cut, burn or otherwise destroy all noxious weeds thereon, as defined in this chapter, at such times in each year and in such manner as shall prevent said weeds from blooming or coming to maturity, and shall keep said lands free from such growth of any other weeds as shall render the streets or highways adjoining said land unsafe for public travel. Additionally, weeds listed in Group 4 have been designated as noxious by the Benton County Board of Supervisors and will be controlled via the same procedures as state listed noxious weeds. Noxious weeds shall be cut or otherwise destroyed on or before May 15, 2017 and as often thereafter as is necessary to prevent seed production:

Group 1. Leafy Spurge, Perennial Peppergrass, Sour Dock, Smooth Dock, Sheep Sorrel, and Purple Loosestrife.

Group 2. Canada thistle, Russian Knapweed, Wild Mustard and Buckthorn.

Group 3. European Morning Glory or Field Bindweed, Wild Carrot, Poison Hemlock, Multiflora Rose, Horsenettle, Perennial Sowthistle, Quackgrass, Butterprint, Puncture Vine, Cocklebur, Bull Thistle, Musk Thistle, Tall Thistle, Wild Sunflower, Shattercane and Teasel.

Group 4. Palmer Amaranth (Amaranthus palmeri)

2. That each owner and each person in the possession or control of any lands in Benton County infested with any of the following noxious weeds shall adopt a program of weed destruction described by the Weed Commissioner, which may be expected to destroy and will immediately keep under control such infestations of said noxious weeds.

(a) Primary Noxious Weeds: Quackgrass, Perennial Sowthistle, Canada Thistle, Bull Thistle, Musk Thistle, European Morning Glory or Field Bindweed, Horsenettle, Leafy Spurge, Perennial Peppergrass, Russian Knapweed, Buckthorn, Tall Thistle, Purple Loosestrife, and all other species of thistles belonging in general of Cirsium and Carduus.

(b) Secondary Noxious Weeds: Butterprint, Cocklebur, Wild Mustard, Puncturevine, Teasel, Wild Carrot, Buckthorn Plantain, Sheep Sorrel, Sour Dock, Smooth Dock, Poison Hemlock, Wild Sunflower, Multiflora Rose and Shattercane.

(c) Benton County Noxious Weeds: Palmer Amaranth

3. That if the owners or persons in possession or control of any land in Benton County fail to comply with the foregoing orders, the Weed Commissioner or his designee shall cause this to be done and the expense of said work, including costs of serving notice and other costs, if any, shall be assessed against the real estate.

4. That the County Engineer is hereby directed to cause notice of the making and entering of the foregoing order by one publication in each of the official newspapers of the County.

Dated this 2nd day of May 2017.

______________________________________

Todd A. Wiley, Chairman

______________________________________

Rick Primmer

______________________________________

Gary Bierschenk

ATTEST:

_____________________________________

Hayley Rippel, Benton County Auditor

The Board moved the meeting out to the secondary roads location. Engineer Myron Parizek gave the tour of all the facilities and answered questions.

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

_______________________________

Todd A. Wiley, Chairman

ATTEST: _________________________________

Hayley Rippel, Benton County Auditor