Waterloo, Iowa April 25, 2017
The Board of Supervisors of the County of Black Hawk, in the State of Iowa, met in regular adjourned meeting at the Courthouse in Waterloo, County Seat of said County, at nine o’clock (9:00) a.m., pursuant to law, to the rules of said Board, and to adjournment. The meeting was called to order and on roll call there were present: Frank Magsamen, Chair; Linda Laylin, Tom Little, Chris Schwartz and Craig White.
Absent: None.
Unless otherwise noted, all actions were approved unanimously.
Moved by Little, seconded by White that the AGENDA be received and place on file with the County Auditor as approved. Motion carried.
Laylin moved the following resolution seconded by Schwartz.
BE IT HEREBY RESOLVED by the Board of Supervisors of Black Hawk County, that the Board of Supervisors APPROVE EXPENDITURES, and that the County Auditor be authorized and directed to ISSUE CHECKS, against the various settlement of such claims as allowed:
GENERAL BASIC FUND
IA DEPT OF REV, state pay $4.98
BICKLEY, MARK, svc $550.00
BREMER CO SHERIFF, svc $50.80
CBM MANAGED SVCS, food $9,213.49
CDW GOVERNMENT INC, eq $2,202.16
CHIEF, supl $10,257.79
COTT SYSTEMS, svc $12.20
DAN DEERY MOTOR CO INC, supl
$2,797.34
DUNCAN, TARA, svc $35.00
E CENTRAL IA RURAL ELEC, util
$1,443.28
EQUIFAX INFO SVCS, svc $20.00
GBM PROPERTY MGMT, rent $300.00
HARTMAN DONALD W, rent $225.00
HERNANDEZ , JASON, svc $875.00
INTERSTATE ALL BATTERY CTR, eq
$62.90
IRISH REPORTING, svc $187.20
KHAN PROPERTIES, rent $475.00
KLENK, BRENDA L B, svc $167.00
KRUSE DAVID, rent $275.00
LOCKSPERTS INC, eq $19.20
MARCO INC, svc $227.77
MATT PARROTT/STOREY KENWORTHY, supl $452.30
MCKESSON MED SURGICAL, supl
$303.83
MENARDS WLOO, supl $9.04
NEOPOST USA INC, supl $237.99
P&K MIDWEST, supl $46.64
PEHL, KRISTIN, rent $200.00
PER MAR SECURITY SVCS, svc
$1,853.78
PPG ARCHITECTURAL FINISHES INC,
supl $103.24
PRINT TRANSFORMATIONS, svc $25.00
RAY MOUNT WRECKER SVC, svc
$125.00
RITE PRICE OFFICE SUPL INC, supl
$733.39
SANDEES LTD, supl $480.00
SHAHRIARI DARIA T , svc $258.00
SLOYER MICHELLE, misc $47.91
SPAIN, BENNIE, rent $300.00
THOMPSON RENTALS, rent $350.00
ALBUS, STACY, educ $961.11
DILL, KEVIN, mil $98.28
PING, CHRISTINE, svc $9.57
BOHLMANN SHANE, rent $175.00
STONE HOLDINGS , rent $250.00
A & P FOOD EQUIPMENT, eq rpr
$166.25
ABC EMBROIDERY, svc $210.00
ADVANCED SYSTEMS INC, eq
$1,824.43
BUCHANAN CO SHERIFF, svc $244.08
BUTLER CO SHERIFF, svc $45.78
C&C WELDING & SAND BLASTING,
svc $179.00
CF UTILITIES, svc $616.24
CENTURYLINK, tel $2,636.11
CNC INVESTMENTS, rent $275.00
CONFERENCE TECHNOLOGIES, svc
$118.75
COURIER, publ $218.16
COVENANT MED CTR, svc $436.00
DUBUQUE CO, svc $75.00
ECOLAB CTR, eq rent $345.78
ELECTRICAL ENG & EQUIP CO, eq
$58.79
GIBSON SPECIALTY CO, svc $18.00
GRUNDY CO SHERIFF, svc $47.50
HAGARTY WAYCHOFF GRARUP FUNERAL SVC, svc $1,000.00
HAWKEYE ALARM & SIGNAL CO, svc
$291.90
HI YIELD, rent $900.00
HILSENBECK DALE, rent $200.00
IBM CORP, maint $2,351.88
IA LAW ENFORCEMENT ACADEMY,
svc $70.00
IA SEC OF STATE, svc $30.00
IA STATE SHERIFFS & DEPUTIES ASSOC, supl $175.00
ISU, supl $83.34
JOHNSON REPORTING SVCS LTD,
svc $224.00
KODIAGA, ISRAEL J, misc $235.00
LANE 7, rent $250.00
LINN CO, svc $307.32
MID AMERICAN ENERGY, util $289.57
MID AMERICAN ENERGY/SPEC ACCT,
util $150.00
NATL REGISTRY OF FOOD SAFETY PROF, svc $26.00
N IA JUVENILE DETENTION SVCS, svc
$1,550.00
NORTH STAR REALTORS, ent $225.00
NOVAK, KATHERINE, svc $20.00
OFFICE DEPOT, supl $544.45
OPERATION THRESHOLD, rent $500.00
PADDEN , MIKE, rent $500.00
PITNEY BOWES, eq lse $1,548.00
PITZENBERGER ANTHONY, rent
$250.00
PLUMB SUPL CO, supl $248.02
POLK CO SHERIFF, svc $112.48
PRESTIGE, svc $141.58
RICOH USA INC, svc $8,671.57
ROYAL GROVE PROPERTIES, rent
$200.00
RUSSELL LAMSON LTD PARTNERSHIP,
rent $254.03
SAMS WHOLESALE CLUB, supl $35.62
SHRED MASTER INC, svc $132.16
STAPLES CREDIT PLAN, supl $329.90
STORY CO SHERIFF, svc $42.20
TAMA CO SHERIFF, svc $26.00
THOMPSON PROPERTY MGMT, rent
$500.00
US CELLULAR, cell $632.28
US CELLULAR, cell $186.68
CITY OF WATERLOO, svc $30.00
CITY OF WATERLOO, svc $847.50
CITY OF WATERLOO, svc $9,700.11
WLOO WATER WORKS, util $100.00
WELAND CLINICAL LABS, svc $90.00
WEST PAYMENT CTR, svc $3,626.64
WICKHAM FRANK, rent $325.00
WINDSTREAM IA COMMUNICATIONS,
tel $3,277.97
XEROX CORP, svc $130.66
HAHN KATHLEEN, misc $235.00
GENERAL SUPPLEMENTAL FUND
CLEMEN , CINDY, elec off $145.92
HEIDT-JOHNSON, LORI, elec off $71.22
YOUNG, LAURINDA K, educ $19.00
CLERK OF DISTRICT COURT, svc
$1,731.41
N IA JUVENILE DETENTION SVCS, svc
$27,592.58
WINDSTREAM IA COMMUNICATIONS,
tel $22.59
COUNTY SERVICES FUND
RITE PRICE OFFICE SUPL INC, supl
$137.77
WINDSTREAM IA COMMUNICATIONS,
tel $99.33
RURAL BASIC FUND
CITY OF WATERLOO, svc $8,904.49
SECONDARY ROADS FUND
ACCESS SYSTEMS, supl $139.99
ANTON SALES, eq $331.60
AUTOMOTIVE SVC SOLUTIONS, svc
$276.42
E CENTRAL IA RURAL ELEC, util $23.75
G&K SERVICES, svc $28.70
BENTONS READY MIXED CONCRETE INC, supl $423.00
BHC LANDFILL, svc $185.60
CAMPBELL SUPL WLOO, supl $100.56
CARGILL INC, supl $31,711.50
CF UTILITIES, util $5.03
CENTURYLINK, tel $52.00
COMPRESSED AIR & EQUIP INC, eq
$15.17
DUMONT IMPLEMENT CO INC, eq
$273.66
FORTERRA PIPE & PRECAST, eq
$1,640.00
GRACIOUS FOOD , fuel $1,226.62
IA DEPT OF TRANSPORTATION, eq rpr
$1,167.00
ISU, educ $150.00
LIBERTY TIRE RECYCLING , svc
$904.93
MID AMERICAN ENERGY, util $296.17
NORTHERN IA CONSTRUCTION, svc
$1,801.00
OREILLY AUTO STORES, eq $209.90
PAUL NIEMANN CONSTRUCTION, svc
$16,533.96
REULING FARMS II , row $800.00
SADLER POWER TRAIN INC, eq
$109.50
STOKES WELDING, eq $95.95
WINDSTREAM IA COMMUNICATIONS,
tel $45.04
RECORDER’S RECORD MGT FUND
COTT SYSTEMS, supl $252.00
RITE PRICE OFFICE SUPL INC, eq
$219.99
JAIL COMMISSARY FUND
MATT PARROTT/STOREY KENWORTHY, supl $76.30
MCKEE FOODS, food $19.50
INSURANCE TRUST FUND
NAVITUS HEALTH SOLUTIONS, ins
$15,239.08
NAVITUS HEALTH SOLUTIONS, ins
$3,567.20
PREFERRED ONE INS CO, ins
$71,080.00
ISAC, ins $2,840.50
EMERGENCY MANAGEMENT FUND
MEHMEN, MAUREEN, reimb $25.15
HAZARDOUS MAT REG TRAINING CTR, util $1,496.27
MEDIACOM, svc $135.90
US CELLULAR, cell $160.02
CITY OF WATERLOO, fuel $56.16
COUNTY ASSESSOR FUND
WELLMARK, ins $8,814.30
JOHNSON , TARA, svc $44.01
MARCO INC, maint $171.32
WINDSTREAM IA COMMUNICATIONS,
tel $61.73
AYES: Laylin, Little, Schwartz, White, Magsamen.
NAYS: None. Resolution adopted.
White moved the following resolution seconded by Schwartz.
BE IT HEREBY RESOLVED by the Board of Supervisors of Black Hawk County, that the Board of Supervisors APPROVE EXPENDITURES, and that Country View Care Facility be authorized and directed to ISSUE CHECKS, against the various settlements of such claims as allowed:
COUNTRY VIEW ENTERPRISE FUND
ACCESSIBLE MED IA, svc $3,671.75
ANDERSON ERICKSON DAIRY, food
$598.20
BCG DATA SVCS, svc $7,695.34
CBS STAFFING , svc $2,650.15
CINDY (KRAMER) RECKER, svc
$1,061.00
CJM FINANCIAL INC, svc $405.00
DAVIS BROWN LAW FIRM, svc $160.00
EARTHGRAINS BAKING CO, food
$75.00
HD SUPPLY FACILITIES MAINT LTD,
supl $961.17
LANCASTER ENTERPRISES, food
$39.45
LONG TERM MED SUPL, supl $656.75
MARTIN BROS, food/supl $10,307.18
MCKESSON MED-SURGICAL, supl
$1,475.20
NETWORK SVCS CO, supl $419.18
RITE PRICE OFFICE SUPL, supl
$509.95
UNITYPOINT AT HOME, supl $634.42
UNITYPOINT AT HOME WLOO, supl
$1,502.00
US BANK, supl $1,205.40
US CELLULAR, util $429.12
WLOO COMM SCHOOL DISTRICT, svc
$141.17
WILLIAM COZART , svc $475.00
AYES: Laylin, Little, Schwartz, White, Magsamen.
NAYS: None. Resolution adopted.
RECEIVE PROJECT UPDATES FROM DEPARTMENT HEADS/ELECTED OFFICIALS. County Engineer Cathy Nicholas said work is resuming on the Elk Run Road bridge north of Dubuque Road, which is the connection between I-380 and the John Deere Northeast Site and Tyson Fresh Meats. She said there’s a lot of rain in the forecast, and she hopes it doesn’t impeded work. On April 26 there will be a meeting from 5 pm to 7 pm at the Rotary Reserve to discuss the Cedar Wapsi Road bridge project over the Cedar River.
Moved by Little, seconded by White that the MINUTES of the Board Meeting held April 18, 2017 be and are hereby approved as submitted. Motion carried.
CONSENT AGENDA
White moved the following RESOLUTION seconded by Laylin.
A. TO APPROVE, RECEIVE, PLACE ON FILE WITH THE COUNTY AUDITOR
1. The Board of Supervisors APPROVE INTERGOVERNMENTAL JOURNAL ENTRIES, and that the County Auditor be authorized and directed to TRANSFER monies within the various funds as submitted.
Transfer from Fund Amount Transfer to Fund Amount
EMERGANCY MGMT 60,465.00 GENERAL BASIC 60,465.00
EMERGANCY MGMT 35,389.00 GENERAL SUPPLEMENTAL 35,389.00
GENERAL BASIC 25,000.00 SELF INS/ OFF EQUIP 25,000.00
GENERAL BASIC 125,000.00 SELF INS/ LIAB PROP 125,000.00
GENERAL SUPPLEMENTAL 2,000,000.00 GENERAL BASIC 2,000,000.00
GENERAL BASIC 170.00 GENERAL SUPPLEMENTAL 170.00
2. The PAYROLL ADJUSTMENTS submitted by the various departments and the County Auditor be authorized and directed to adjust his records accordingly.
DEPT., NAME, TITLE TO EFFECTIVE DATE ACTION
SHERIFF, Tony Thompson
Figanbaum, Elizabeth J., Booking Clerk $23.05 4/9/2017 Step
Figanbaum, Elizabeth J., Booking Clerk $23.05 4/21/2017 Termination
Gerdes, Rita M., Part-Time Commissary Clerk $15.00 4/17/2017 New Hire
Graf, Tenille K., Office Specialist $15.01 4/14/2017 Termination
COUNTRY VIEW, Dennis Coleman
Borel, Kelly L., Nursing Assistant $14.37 4/18/2017 Termination
Brooks, Angela M., LPN $18.43 4/15/2017 Status Change
Henderson, Mactonya J., Nursing Assistant $13.27 4/11/2017 Probation Ends
Hostetler Grimm, Dain D., Food Service Worker Trainee $11.95 4/11/2017 New Hire
Landfair, Barbell, Nursing Assistant $13.27 4/9/2017 Successful Bidder
Lara, Kay M., Nursing Assistant $16.26 4/9/2017 Successful Transfer
McInnis, Julie K., Food Service Worker $12.99 4/9/2017 Status Change
Pfeifer, Jessica A., Nursing Assistant $13.27 4/9/2017 Successful Bidder
Weber, Stacey M., Developmental Aide $16.26 4/20/2017 Termination
Welcher, Jamie A., Food Service Worker $13.53 4/9/2017 Promotion
ENGINEER, Cathy Nicholas
Roberts, Jason W., Labor/Equipment Operator II $21.54 4/13/2017 Temp. Assignment
3. The CERTIFICATE OF INSURANCE for Active Thermal Concepts Inc., AgVantage FS, Allstate Rental Inc., Baker Concrete & Excavating, Buchanan County Four Seasons Trails Association, Cedar Valley Auto Glass Auto, Cole Excavating, Community Electric Inc., Design Homes Inc., Dunkerton Cooperative Elevator, Fereday Heating Company Inc., Hawkeye Alarm & Signal Co JC Plumbing & Heating Company, K Cunningham Construction Co., Konken Electric Inc., Locksperts Inc., Midwest Foam & Insulation Inc., Office Concepts Inc., Per Mar Security & Research Corp, PreferredOne, Ricoh Americas Holdings Inc., Shield Technology Corporation, Shive-Hattery Group Inc., Stokes Welding & Blacksmith, Swick Cable Contractors Inc., Spahn & Rose Lumber Co., Stanley Convergent Security Solutions Inc., Superior Welding Supply Co Inc., Technical Specialty Systems, Turkey Ridge Dive Management Inc., Tyler Technologies Inc., Urban Services LLC, Vieth Construction Corp, U.S. Bancorp, and Young Plumbing & Heating Company.
B. TO RECEIVE AND PLACE ON FILE WITH THE COUNTY AUDITOR
1. The PROTEST ON PROPERTIES assessed for five million dollars or more as submitted by T.J. Koenigsfeld, Black Hawk County Assessor.
2. The MANURE MANAGEMENT PLAN (MMP) update submitted by Jerold Fruchtenicht d/b/a Fruchtenicht & Fruchtenicht Facility ID #62894 located at 6509 W Shaulis Road, Cedar Falls in Black Hawk County pursuant to 567 Iowa Administrative Code §455B.
3. The MANURE MANAGEMENT PLAN (MMP) update submitted by Degener-Juhl Farm Partnership LLP d/b/a Degener-Juhl Site #3 located in Black Hawk Township, Section seven (7) in Black Hawk County pursuant to 567 Iowa Administrative Code §455B.
4. The PERMIT FOR UTILITY WORK WITHIN THE RIGHT-OF-WAY for CenturyLink, Des Moines, Iowa for underground fiber utility on the county right-of-way on Washburn Road going west in the north Right-of-way 4,987 feet from Foulk Road continue west in the south Right-of-way 16,308 to Kimball Avenue as recommended by Cathy Nicholas, County Engineer.
5. The PERMIT FOR UTILITY WORK WITHIN THE RIGHT-OF-WAY for CenturyLink, Des Moines, Iowa for underground fiber utility on the county right-of-way on Kimball Avenue from Washburn Road going south in the west right-of way 14,038 feet generally located at 8411 Kimball Avenue as recommended by Cathy Nicholas, County Engineer.
6. The PERMIT FOR UTILITY WORK WITHIN THE RIGHT-OF-WAY for CenturyLink, Des Moines, Iowa for underground fiber utility on the county right-of-way on Dysart Road from Washburn Road going south in the east right-of-way 10,820 feet generally located at 8902 Dysart Road as recommended by Cathy Nicholas, County Engineer.
7. The PERMIT FOR UTILITY WORK WITHIN THE RIGHT-OF-WAY for CenturyLink, Des Moines, Iowa for underground fiber utility on the county right-of-way on Hess Road from Washburn Road Going south in the west right-of-way 8034 feet as recommended by Cathy Nicholas, County Engineer.
8. The NOTIFICATION OF SALE OF EQUIPMENT (sale request January 31, 2017 and February 28, 2017) from the Engineer’s Office for a 1994 John Deere Motor Grader (10), Asset #8007100031 in the amount of $19,158, a 1991 John Deer Tractor (801) Asset #8007100006 in the amount of $4,692, a 1992 John Deere Tractor (803) Asset #800710008 in the amount of $6,440, a 1969 John Deere Tractor Asset #800710009 in the amount of $2,484, 1977 Wisc Sweeper Asset #8007090179 in the amount of $2,116 and a 2007 John Deer Mower Asset #5050-70 in the amount of $1,104.
C. TO APPROVE AND DIRECT THE CHAIR TO SIGN
1. The CHANGE IN OWNERSHIP for a Class “A” Liquor License (LA) (Private Club) submitted by Waterloo Lodge No. 328 Loyal Order of Moose d/b/a Moose Lodge #328, 6636 La Porte Road, Washburn, Iowa.
AYES: Laylin, Little, Schwartz, White, Magsamen.
NAYS: None. Resolution adopted.
CONSENT AGENDA ENDS
Laylin moved the following resolution seconded by Schwartz.
BE IT HEREBY RESOLVED that the AGREEMENT between Black Hawk County and First Judicial District Department of Correctional Services (DCS) for the purpose of providing supervision and alternative inmate housing for prisoners who would otherwise be placed in the Black Hawk County Jail and to Provide Intensive Pre-Trial Supervision in the amount of $260,000 effective July 1, 2017 through June 30, 2018 be approved and direct the Chair to sign for same.
Little asked if DCS provided any information, noting that in the past they made a presentation to the Board along with their request. Magsamen said he could ask them to present to the Board, and he didn’t think they will reach the $260,000 maximum this year. Little said a presentation isn’t necessary, that it’s already budgeted, and a lot of it is for salaries not services.
AYES: Laylin, Little, Schwartz, White, Magsamen.
NAYS: None. Resolution adopted.
White moved the following resolution seconded by Little.
BE IT HEREBY RESOLVED that the BEST BID from Advanced Environmental, Waterloo, Iowa, for asbestos abatement in the Courthouse lower level in the amount of $6,875 be approved and direct the Chair to sign the contract, conditional to the receipt of the Certificate of Insurance, as recommended by Rory Geving, Maintenance Superintendent.
Geving said 2700 square feet of floor tiling will be removed in the lower level of the courthouse.
AYES: Laylin, Little, Schwartz, White, Magsamen.
NAYS: None. Resolution adopted.
Little moved the following resolution seconded by White.
BE IT HEREBY RESOLVED that the BEST BID received from Crescent Electric, Waterloo, Iowa, for new light fixtures and controllers for the Courthouse basement in the amount of $33,993.15 be approved and direct the Chair to sign for same as recommended by Rory Geving, Maintenance Superintendent.
Geving said this will result in a 62% savings in energy, about $2,600 a year, and there will be a rebate of $16,000, so the savings will pay for the project in about six and a half years. He said his goal is to have the lights installed by July 1. This was the second lowest bid; the lowest bid didn’t meet all of the necessary specifications.
AYES: Laylin, Little, Schwartz, White, Magsamen.
NAYS: None. Resolution adopted.
Laylin moved the following resolution seconded by Schwartz.
BE IT HEREBY RESOLVED that the BEST BID received from Avesis as the County’s Voluntary Vision Plan provider effective July 1, 2017 be approved and direct the Chair to sign for same as recommended by Debi Bunger, Interim-Human Resources Director, and Perspective Consulting Partners, LLC.
Staci Wanderscheid of Perspective said her firm recommends staying with Avesis because the other vendors were not as competitive. Bunger said Avesis gave the county four-year prices, and their network is bigger, and they have a lower premium.
AYES: Laylin, Little, Schwartz, White, Magsamen.
NAYS: None. Resolution adopted.
Little moved the following resolution seconded by White.
BE IT HEREBY RESOLVED that the BEST BID received from Employee Benefits Corp as the County’s Flexible Spending Plan provider effective July 1, 2017 be approved as recommended by Debi Bunger, Interim-Human Resources Director, and Perspective Consulting Partners, LLC.
Wanderscheid said Perspective did a market review, and recommended Employee Benefits Corp because their bid is a savings of $1,700 below the current agreement, and they will provide better service.
AYES: Laylin, Little, Schwartz, White, Magsamen.
NAYS: None. Resolution adopted.
Little moved the following resolution seconded by White.
BE IT HEREBY RESOLVED that the REINSURANCE AGREEMENT between Black Hawk County and HM Insurance (with no increase to the Specific Deductible amount of $115,000) effective July 1, 2017 be approved and direct the Chair to sign for same recommended by Perspective Consulting Partners, LLC.
AYES: Laylin, Little, Schwartz, White, Magsamen.
NAYS: None. Resolution adopted.
White moved the following resolution seconded by Laylin.
BE IT HEREBY RESOLVED that the RENEWAL LETTER from National Insurance Services/Madison National Life for the County’s Basic Life Insurance, AD&D Insurance, Voluntary Life Insurance, and Long Term Disability Insurance policies (with no rate adjustments) effective July 1, 2017 be approved and direct the Chair to sign the renewal letter as recommended by Perspective Consulting Partners, LLC.
Wanderscheid said the current rate will not change.
AYES: Laylin, Little, Schwartz, White, Magsamen.
NAYS: None. Resolution adopted.
Little moved the following resolution seconded by Schwartz.
BE IT HEREBY RESOLVED that the FEDERAL AID AGREEMENT between Black Hawk County and the Iowa Department of Transportation (IDOT Agreement No. 2-17-HBRRS-011) for a Surface Transportation Block Grant Program Project BROS-C007(145)–5F-07 west of Cedar Wapsi Road (C57) over the Cedar River be approved and direct the Chair to sign for same as recommended by Cathy Nicholas, County Engineer.
Nicholas said the agreement provides $2.5 million in federal bridge money for the project, and the county will follow federal guidelines.
AYES: Laylin, Little, Schwartz, White, Magsamen.
NAYS: None. Resolution adopted.
Moved by White, seconded by Laylin to direct the County Auditor to advertise for a public hearing/bid opening to be held at 9:05 A.M. on Tuesday, May 9, 2017 respectively in Board Room 201 of the Black Hawk County Courthouse, 316 E. 5th Street, Waterloo, Iowa on the proposed purchase of one (1) Tandem Axle Dump Truck for the Black Hawk County Engineer’s Department.
Nicholas said the purchase is budgeted for FY18, but since the trucks take six to eight months to build, she wants to order it now so it is received before winter weather. Motion carried.
Moved by Little, seconded by White to direct the County Auditor to advertise for a public hearing/bid opening to be held at 9:07 A.M. on Tuesday, May 9, 2017 respectively in Board Room 201 of the Black Hawk County Courthouse, 316 E. 5th Street, Waterloo, Iowa on the proposed Pinecrest generator project. Motion carried.
Laylin moved the following resolution seconded by White.
BE IT HEREBY RESOLVED that the 2017 INTEGRATED ROADSIDE VEGETATION MANAGEMENT PLAN be approved and direct the chair to sign for same as recommended by Cathy Nicholas, County Engineer.
Nicholas said the county needs to submit such a plan to the Iowa Department of Management to keep receiving funding for the program. Last year a Secondary Roads employee was upgraded to be able to facilitate the plan, which manages for safety and facilitates storm runoff. Schwartz asked about the use of herbicides. Nicholas said they are used to discourage willows from growing by guardrails and for thistles.
AYES: Laylin, Little, Schwartz, White, Magsamen.
NAYS: None. Resolution adopted.
Little moved the following resolution seconded by White.
BE IT HEREBY RESOLVED to APPOINT Abby Miller as the Human Resources Director for Black Hawk County effective May 22, 2017 at an annual salary of $75,000.
AYES: Laylin, Little, Schwartz, White, Magsamen.
NAYS: None. Resolution adopted.
Moved by White, seconded by Little that the REQUEST for the Fourth Street Cruise to use the Black Hawk County Courthouse parking lot on Saturday, May 27, 2017 for a staging area for the classic cars and street rods for their annual event be approved and to receive and place on file the Certificate of Insurance for same and direct the Chair to sign the permission letter for same. Motion carried.
HEARING
At Nine-twenty-seven o’clock (9:27) a.m., a public hearing was held as provided by law in the Board Room 201 of the Black Hawk County Courthouse, Waterloo, Iowa at which time all interested persons could appear to file objections on the request submitted by William Cozat and Martha Reineke to rezone 27,225 SF from “A-L” Agricultural Limited to “C” Commercial District, to allow for a 1,860 SF church built in 1867 to hold private weddings, receptions and other gatherings. The property is legally described as: The North 165 feet of the following description: Commencing at big stone on the East side of the East Half of the Northeast Fractional Quarter of Section 3, Township 90 North, Range 13 West of the 5th P.N., Black Hawk County, Iowa, said big stone being 30 rods of the Northeast corner of the Northeast Fractional Quarter said Section 3; thence West 12 rods; thence South 26 and a ½ rods; thence East 12 rode, thence North 26 and ½ rods to the point of beginning.
The Board of Supervisors examined proof of publication of notice and determined that the notice had been published on April 17, 2017 in the Courier in accordance with the requirements of the Code of Iowa.
Moved by White, seconded by Laylin to receive and place on file proof of publication of notice of public hearing. Motion carried.
Moved by White, seconded by Schwartz to waive the first reading.
Moved by Little, seconded by Schwartz to close the hearing and oral and written comments were received and placed on file. Seth Hyberger said the property has a high Land Evaluation and Site Assessment score, but the portion with the church is not used for land production. The church has been vacant since 2011 and this would be a good reuse of the building. The applicants have spent $44,000 on improving the building and renting it out will allow them to improve it further. He said the applicants have signed an agreement to limit the use of the facility to hold private weddings, receptions, similar events, and other gatherings.
Little said the cemetery to the south originally belonged to the church, and was deeded to the county without the county knowing it. Hyberger said it is a separate parcel from that owned by the applicants. Little asked Martha Reineke if she had any concerns about the cemetery. Reineke, who lives nearby on Marquis Road, said she and Cozat mow the cemetery and have become personally fond of the gravestones, to which they plan to apply sealant for preservation purposes. She said the building was in serious condition after being empty for five years in the Iowa humidity, and most of their money spent on it has been for mold mitigation in the basement. They want to restore it to a fashion similar to its original design.
Motion carried.
Schwartz moved the following resolution seconded by Laylin.
WHEREAS, a public hearing was held on April 25, 2017 at Nine-twenty-seven o’clock (9:27) a.m., on the request submitted by William Cozat and Martha Reineke to rezone 27,225 SF from “A-L” Agricultural Limited to “C” Commercial District, to allow for a 1,860 SF church built in 1867 to hold private weddings, receptions and other gatherings, and
WHEREAS, “An Ordinance Amending Ordinance No. 36, as Amended, the Black Hawk County, Iowa, Agricultural Preservation Zoning Ordinance Adopted February 2, 1999, by adding Subsection No. 185 to Section VI (B), Rezoning Certain Property” as described on the above request submitted by Nancy Peters and to consider same for adoption and if adopted would be known as Ordinance no. 77-185, and
WHEREAS, §331.302(5) of the Code of Iowa allows the Board of Supervisors to suspend by majority vote the requirement to consider and vote on a proposed ordinance at two meetings of the board prior to the meeting at which it is to be fully passed, and
WHEREAS, there were no corrections to the ordinance,
NOW THEREFORE BE IT HEREBY RESOLVED that the rules requiring the Board of Supervisors to consider and vote on a proposed ordinance at two prior meetings be suspended.
AYES: Laylin, Little, Schwartz, White, Magsamen.
NAYS: None. Resolution adopted.
Little moved the following ordinance seconded by White.
WHEREAS, “An Ordinance Amending Ordinance No. 36, as Amended, the Black Hawk County, Iowa, Agricultural Preservation Zoning Ordinance Adopted February 2, 1999, by adding Subsection No. 185 To Section VI (B), Rezoning Certain Property” as described on the above request submitted by William Cozat and Martha Reineke and to consider same for adoption and if adopted would be known as Ordinance No. 77-185, and
WHEREAS, pursuant to §331.302(5) of the Code of Iowa, the Board of Supervisors has suspended by majority vote the requirement to consider and vote on a proposed ordinance at two meetings of the board prior to the meeting at which it is to be finally passed, and
NOW THEREFORE BE IT HEREBY RESOLVED that the same is hereby zoned acres from “A-L” Agricultural Limited to “C” Commercial District, and the ordinance is hereby adopted and known as Ordinance No. 77-185.
AYES: Laylin, Little, Schwartz, White, Magsamen.
NAYS: None. Ordinance adopted.
CLOSED SESSION
Little moved the following resolution seconded by White.
BE IT HEREBY RESOLVED that pursuant to the provisions of the Iowa Open Meetings Law, the Black Hawk County Board of Supervisors shall proceed into CLOSED SESSION with attorney to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation pursuant to Iowa Code §21.5(c).
AYES: Laylin, Little, Schwartz, White, Magsamen.
NAYS: None. Resolution adopted.
Moved by Laylin, seconded by Schwartz to adjourn the Board of Supervisors meeting in CLOSED SESSION. Motion carried.
Schwartz moved the following resolution seconded by Laylin.
BE IT HEREBY RESOLVED to not proceed with litigation, and to resolve Jeremy Iehl’s claim for damages against for $10,000.
Assistant County Attorney said that Mr. Iehl says he has suffered damages from the county, and his attorney Thomas Frerichs will file suit if the claim is not resolved for $10,000 by the end of April. Claims Adjuster John Mullarkey of the Iowa Communities Assurance Pool (ICAP), the county’s insurance carrier, says in his estimation it is appropriate to proceed with the $10,000 settlement.
AYES: Laylin, Schwartz, White, Magsamen.
NAYS: Little. Resolution adopted.
The Board of Supervisors held a work session to discuss payment for road work completed by Black Hawk County near the corporate limits of small cities. County Engineer Cathy Nicholas said that county projects sometimes occur on roads that form corporate boundaries. Iowa law allows the county to use its Secondary Roads funds to do work on a road that extends into cities under 2,500 population. Nicholas said such situations exist in Janesville and Raymond, and the cities have told her that they don’t have the funds to pay their portion. Both projects call for installing two-foot wide shoulders on both sides of the road, which prevents the county from having to place rock next to the pavement to repair ruts, which are safety hazards for county crews maintaining the road. She wanted to know how the Board wished her to proceed. White said that the cities have the same ability to tax for these repairs as the county. Little said that the county has been paid by cities in the past for similar situations. He asked if the 28E agreements between the county and these cities address payment for such road work. Nicholas said it’s a gray area, because the agreements address maintenance, and that may not cover shoulder construction. Little said the 28E agreements should be rewritten to provide more clarity. Magsamen said that the cities need to have as much notice as the county to be able to budget for such expenses. White said that the cities could agree to reimburse the county from a future budget, and that they would save money by having the work done when the county is doing it rather than contracting for it on their own. Magsamen told Nicholas to ask the cities of Janesville and Raymond if they will reimburse the county at a later date for the cities’ share of the cost of the roadwork. He said the county should have a consistent policy, and could take action on it at a future time. Schwartz said the county could offer the cities financing on their debt. Nicholas said that she would seek to negotiate with the cities and report back to the Board.
On motion and vote the meeting adjourned.
Frank Magsamen, Chair, Board of Supervisors
Grant Veeder, County Auditor