Waterloo, Iowa April 25, 2017 the Board of Supervisors of the County of Black Hawk, in the State of Iowa, Met in Regular Adjourn

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

11819 IA DEPT OF REV state pay 4.98 11933 BICKLEY, MARK svc 550.00 11934 BREMER CO SHERIFF svc 50.80 11935 CBM MANAGED SVCS food 9,213.49 11936 CDW GOVERNMENT INC eq 2,202.16 11937 CHIEF supl 10,257.79 11938 COTT SYSTEMS svc 12.20 11939 DAN DEERY MOTOR CO INC supl 2,797.34 11940 DUNCAN, TARA svc 35.00 11941 E CENTRAL IA RURAL ELEC util 1,443.28 11942 EQUIFAX INFO SVCS svc 20.00 11944 GBM PROPERTY MGMT rent 300.00 11945 HARTMAN DONALD W rent 225.00 11946 HERNANDEZ , JASON svc 875.00 11947 INTERSTATE ALL BATTERY CTR eq 62.90 11948 IRISH REPORTING svc 187.20 11949 KHAN PROPERTIES rent 475.00 11950 KLENK, BRENDA L B svc 167.00 11951 KRUSE DAVID rent 275.00 11952 LOCKSPERTS INC eq 19.20 11953 MARCO INC svc 227.77 11954 MATT PARROTT/STOREY KENWORTHY supl 452.30 11956 MCKESSON MED SURGICAL supl 303.83 11957 MENARDS WLOO supl 9.04 11958 NEOPOST USA INC supl 237.99 11959 P&K MIDWEST supl 46.64 11960 PEHL, KRISTIN rent 200.00 11961 PER MAR SECURITY SVCS svc 1,853.78 11962 PPG ARCHITECTURAL FINISHES INC supl 103.24 11963 PRINT TRANSFORMATIONS svc 25.00 11964 RAY MOUNT WRECKER SVC svc 125.00 11965 RITE PRICE OFFICE SUPL INC supl 733.39 11966 SANDEES LTD supl 480.00 11967 SHAHRIARI DARIA T svc 258.00 11968 SLOYER MICHELLE misc 47.91 11969 SPAIN, BENNIE rent 300.00 11970 THOMPSON RENTALS rent 350.00 11972 ALBUS, STACY educ 961.11 11973 DILL, KEVIN mil 98.28 11976 PING, CHRISTINE svc 9.57 300950 BOHLMANN SHANE rent 175.00 300953 STONE HOLDINGS rent 250.00 300956 A & P FOOD EQUIPMENT eq rpr 166.25 300957 ABC EMBROIDERY svc 210.00 300958 ADVANCED SYSTEMS INC eq 1,824.43 300961 BUCHANAN CO SHERIFF svc 244.08 300962 BUTLER CO SHERIFF svc 45.78 300963 C&C WELDING & SAND BLASTING svc 179.00 300966 CF UTILITIES svc 616.24 300967 CENTURYLINK tel 2,636.11 300969 CNC INVESTMENTS rent 275.00 300971 CONFERENCE TECHNOLOGIES svc 118.75 300972 COURIER publ 218.16 300973 COVENANT MED CTR svc 436.00 300974 DUBUQUE CO svc 75.00 300976 ECOLAB CTR eq rent 345.78 300977 ELECTRICAL ENG & EQUIP CO eq 58.79 300979 GIBSON SPECIALTY CO svc 18.00 300981 GRUNDY CO SHERIFF svc 47.50 300982 HAGARTY WAYCHOFF GRARUP FUNERAL SVC svc 1,000.00 300983 HAWKEYE ALARM & SIGNAL CO svc 291.90 300985 HI YIELD rent 900.00 300986 HILSENBECK DALE rent 200.00 300987 IBM CORP maint 2,351.88 300989 IA LAW ENFORCEMENT ACADEMY svc 70.00 300990 IA SEC OF STATE svc 30.00 300991 IA STATE SHERIFFS & DEPUTIES ASSOC supl 175.00 300992 ISU supl 83.34 300994 JOHNSON REPORTING SVCS LTD svc 224.00 300995 KODIAGA, ISRAEL J misc 235.00 300996 LANE 7 rent 250.00 300998 LINN CO svc 307.32 301001 MID AMERICAN ENERGY util 289.57 301002 MID AMERICAN ENERGY/SPEC ACCT util 150.00 301003 NATL REGISTRY OF FOOD SAFETY PROF svc 26.00 301004 N IA JUVENILE DETENTION SVCS svc 1,550.00 301005 NORTH STAR REALTORS ent 225.00 301007 NOVAK, KATHERINE svc 20.00 301008 OFFICE DEPOT supl 544.45 301009 OPERATION THRESHOLD rent 500.00 301011 PADDEN , MIKE rent 500.00 301013 PITNEY BOWES eq lse 1,548.00 301014 PITZENBERGER ANTHONY rent 250.00 301015 PLUMB SUPL CO supl 248.02 301016 POLK CO SHERIFF svc 112.48 301017 PRESTIGE svc 141.58 301019 RICOH USA INC svc 8,671.57 301020 ROYAL GROVE PROPERTIES rent 200.00 301021 RUSSELL LAMSON LTD PARTNERSHIP rent 254.03 301023 SAMS WHOLESALE CLUB supl 35.62 301024 SHRED MASTER INC svc 132.16 301025 STAPLES CREDIT PLAN supl 329.90 301027 STORY CO SHERIFF svc 42.20 301028 TAMA CO SHERIFF svc 26.00 301029 THOMPSON PROPERTY MGMT rent 500.00 301030 US CELLULAR cell 632.28 301032 US CELLULAR cell 186.68 301034 CITY OF WATERLOO svc 30.00 301035 CITY OF WATERLOO svc 847.50 301036 CITY OF WATERLOO svc 9,700.11 301037 WLOO WATER WORKS util 100.00 301038 WELAND CLINICAL LABS svc 90.00 301039 WEST PAYMENT CTR svc 3,626.64 301040 WICKHAM FRANK rent 325.00 301041 WINDSTREAM IA COMMUNICATIONS tel 3,277.97 301042 XEROX CORP svc 130.66 301043 HAHN KATHLEEN misc 235.00

GENERAL SUPPLEMENTAL FUND

300951 CLEMEN , CINDY elec off 145.92 300952 HEIDT-JOHNSON, LORI elec off 71.22 300954 YOUNG, LAURINDA K educ 19.00 300968 CLERK OF DISTRICT COURT svc 1,731.41 301004 N IA JUVENILE DETENTION SVCS svc 27,592.58 301041 WINDSTREAM IA COMMUNICATIONS tel 22.59

COUNTY SERVICES FUND

11965 RITE PRICE OFFICE SUPL INC supl 137.77 301041 WINDSTREAM IA COMMUNICATIONS tel 99.33

RURAL BASIC FUND

301033 CITY OF WATERLOO svc 8,904.49

SECONDARY ROADS FUND

11930 ACCESS SYSTEMS supl 139.99 11931 ANTON SALES eq 331.60 11932 AUTOMOTIVE SVC SOLUTIONS svc 276.42 11941 E CENTRAL IA RURAL ELEC util 23.75 11943 G&K SERVICES svc 28.70 300959 BENTONS READY MIXED CONCRETE INC supl 423.00 300960 BHC LANDFILL svc 185.60 300964 CAMPBELL SUPL WLOO supl 100.56 300965 CARGILL INC supl 31,711.50 300966 CF UTILITIES util 5.03 300967 CENTURYLINK tel 52.00 300970 COMPRESSED AIR & EQUIP INC eq 15.17 300975 DUMONT IMPLEMENT CO INC eq 273.66 300978 FORTERRA PIPE & PRECAST eq 1,640.00 300980 GRACIOUS FOOD fuel 1,226.62 300988 IA DEPT OF TRANSPORTATION eq rpr 1,167.00 300993 ISU educ 150.00 300997 LIBERTY TIRE RECYCLING svc 904.93 301001 MID AMERICAN ENERGY util 296.17 301006 NORTHERN IA CONSTRUCTION svc 1,801.00 301010 OREILLY AUTO STORES eq 209.90 301012 PAUL NIEMANN CONSTRUCTION svc 16,533.96 301018 REULING FARMS II row 800.00 301022 SADLER POWER TRAIN INC eq 109.50 301026 STOKES WELDING eq 95.95 301041 WINDSTREAM IA COMMUNICATIONS tel 45.04

RECORDER'S RECORD MGT FUND

11938 COTT SYSTEMS supl 252.00 11965 RITE PRICE OFFICE SUPL INC eq 219.99

JAIL COMMISSARY FUND

11954 MATT PARROTT/STOREY KENWORTHY supl 76.30 11955 MCKEE FOODS food 19.50

INSURANCE TRUST FUND

11927 NAVITUS HEALTH SOLUTIONS ins 15,239.08 11928 NAVITUS HEALTH SOLUTIONS ins 3,567.20 11929 PREFERRED ONE INS CO ins 71,080.00 300955 ISAC ins 2,840.50

EMERGENCY MANAGEMENT FUND

11975 MEHMEN, MAUREEN reimb 25.15 300984 HAZARDOUS MAT REG TRAINING CTR util 1,496.27 301000 MEDIACOM svc 135.90 301031 US CELLULAR cell 160.02 301036 CITY OF WATERLOO fuel 56.16

COUNTY ASSESSOR FUND

11971 WELLMARK ins 8,814.30 11974 JOHNSON , TARA svc 44.01 300999 MARCO INC maint 171.32 301041 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

18556 ACCESSIBLE MED IA svc 3,671.75 18557 ANDERSON ERICKSON DAIRY food 598.20 18558 BCG DATA SVCS svc 7,695.34 18559 CBS STAFFING svc 2,650.15 18560 CINDY (KRAMER) RECKER svc 1,061.00 18561 CJM FINANCIAL INC svc 405.00 18562 DAVIS BROWN LAW FIRM svc 160.00 18563 EARTHGRAINS BAKING CO food 75.00 18564 HD SUPPLY FACILITIES MAINT LTD supl 961.17 18565 LANCASTER ENTERPRISES food 39.45 18566 LONG TERM MED SUPL supl 656.75 18567 MARTIN BROS food/supl 10,307.18 18568 MCKESSON MED-SURGICAL supl 1,475.20 18569 NETWORK SVCS CO supl 419.18 18570 RITE PRICE OFFICE SUPL supl 509.95 18571 UNITYPOINT AT HOME supl 634.42 18573 UNITYPOINT AT HOME WLOO supl 1,502.00 18574 US BANK supl 1,205.40 18575 US CELLULAR util 429.12 18576 WLOO COMM SCHOOL DISTRICT svc 141.17 18577 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. EFFECTIVE DEPT., NAME, TITLE TO 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