May 9, 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.

Primmer moved/ Bierschenk seconded: Approve the minutes of May 2, 2017. Motion carried.

Bierschenk moved/Primmer seconded: To Amend minutes of April 25, 2017, to reflect the following check numbers: payroll checks numbered 139444 through 139463, and ACH deposits numbered 30618 through 30748, vendor checks numbered 223009 through 223014.

Primmer moved/Bierschenk seconded: Approve payment of checks numbered 223167 through 223311, payroll checks numbered 139464 through 139482, and ACH deposits numbered 30749 through 30882, vendor checks numbered 223160 through 223166. Motion carried.

Bierschenk moved/Primmer moved: To approve lease agreement renewal with DHS and Case Management. Motion carried.

Primmer moved/Bierschenk seconded: To acknowledged and approve of the Central Iowa Juvenile Detention Center’s Independent Auditor’s Financial Statements. Motion carried.

The time of 9:15 a.m. having arrived, and this being the time and date for a land use hearing for Terry and Nadene Reece in part of the SE NE of 1-85-9. Marc Greenlee presented the technical information with the Benton County Agricultural Land Use Preservation Ordinance. This property meets all the requirements. They would like to put a new house and pole building on approximately 2 acres of the 6 acre parcel. The residence would need a new well and septic and. Kay Nelson, existing neighbor was present to ask questions on how this would affect her taxes. Primmer moved/ Bierschenk seconded: To approve land use change for Terry and Nadene Reece on parcel in part of the SE NE of 1-85-9. Motion carried.

Primmer moved/Bierschenk seconded: To approve the hire of part-time correctional officer Tyler Hite effective May 8, 2017 with a starting wage of $13.56 an hour. Motion carried.

Sheriff Tippet received bids for three new service vehicles. Talk of trading in the three older vehicles or selling them outright was more profitable and it was agreed to sell them outright. 2009 Chevy Impala, 2011 Chevy Impala and 2011 Chevy Tahoe 2WD. Bids were as follows:

Thys Automotive Group-2017 Dodge Durango special service AWD-$26,082

Stivers-2017 Ford Police Interceptor AWD-$34,190

Stivers-2017 Ford Police Interceptor AWD-$34,435

Stovers-2017 Ford Police Interceptor AWD-$34,605

Bierschenk moved/Primmer seconded: To award bid to Thys Motor for 2017 Dodge Durango without trade-ins for $26,082 per vehicle. Motion carried.

Bid letting for the Cedar Valley Ranch Roof was at 10:00 a.m. Mike Mollenhauer with Shive-Hattery did the opening of the sealed bids. Also present were Jerry Petermeier, Jim Hyde, representatives from the Ranch along with representatives from various bidding companies. The Bids were as follows:

Company Name Dryspace, Inc. Cedar Service Co. Service Roofing Advanced Builders Pella Roofing T & K Roofing Northern Cedar Service

Total Base

Bid $280,657 $252,292 $236,900 $217,980 $261,500 $195,500 $247,740


Bid B $252,827 $230,511 $207,900 $200,220 $219,900 $186,900 $208,160


Bid C $313,330 $30,620 $25,750 $22,300 $30,500 $37,770 $29,400

Mollenhauer’s advice was to take the lowest bid and use the base bid and add the Alternate bid C for the extra insulation. He felt that Alliant’s energy saving rebate would help make up the difference.

Primmer moved/Bierschenk seconded:To award the bid to T & K Roofing, Cedar Rapids, IA for the total base bid of $195,500 and add the Alternate c for an additional layer of insulation with cost of $37,770 to make a combined total of $233,270. Motion carried.

The Board recessed at 10:25 a.m.

Reconvened at 10:30 a.m.

Two weeks ago there was an appeal for the removal of three dogs at a rural Shellsburg residence. The county attorney started the discussion out by stating that the language in Ordinance #37 is still legally valid, but doesn’t mean it couldn’t be tweaked if the board chooses to. In the past there has been variances granted but also some that were denied. Thompson said they are to consider the applicants experience, any previous complaints or problems, the handling of the animals etc. Courtni Clair, dog owner pointed out that she now only has one dog left at her residence, Lily (female dog). The other two dogs have been relocated. Wiley advised that approving a variance as such could mean they would be setting themselves up for similar future requests. Primmer said there is a lot of negativity towards the pit bull and he is not in favor of a variance. He compared other ordinances in Iowa regarding the dangerous dog breeds going off statistics. Wiley pointed out that any dog is capable of being vicious under certain circumstances. Bierschenk agreed, but felt the dogs have been well cared for in the past and no problems in the past. Supervisors were in agreement that our law enforcement did what they were supposed to do. Bierschenk believes that if we have an ordinance as such we should enforce it. Wiley told Clair, he understands her attachment to the dog, but as a county supervisors being held to the standard of upholding ordinances. Unfortunately, Clair is in violation of this one. Bierschenk asked about allowing time for them to relocate as a family after the current school year is finished, or relocate the dog for the time being. Thompson reminded him that the order only allows 7 days for the animal to be removed. Talk of the possibility of kenneling the dog. Clair agreed, she would do what they recommended. Benson stated that if they grant this variance, the public can view the animal outside while driving by the residence. After no further discussion, Primmer moved to uphold the ordinance and deny the variance/ Wiley seconded with regret. Voting aye were Primmer and Wiley. Bierschenk nay. Motion carried.

Discussed the Senate File 504 changes to the FY18 Mental Health and Disability services Levy. Benton County is not changing FY18 budget, it can be left as is.

Primmer moved/Bierschenk seconded: To authorize chair to sign Audit Agreement with Eide Bailly for FY18. Motion carried.

Bierschenk moved/Primmer seconded: To approve a request for a utility permit requested by East Central Iowa REC to place utility lines in the county’s right-of-way in Iowa Township section 26 south of Blairstown. Motion carried.

Discussion on the DHS construction evaluation prepared by Shive-Hattery was held.

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


Todd A. Wiley, Chairman

ATTEST: _________________________________

Hayley Rippel, Benton County Auditor