Government : July 20 Board of Supervisor Minutes

The Benton County Board of Supervisors met in regular adjourned session with Supervisors Sanders, and Buch were present. Supervisor Vermedahl was absent. The chair called the meeting to order at 9:02 a.m. in the boardroom of the courthouse. Moved by Buch, seconded by Sanders, to set August 17, 2010, at 9:15 a.m., as the time and date for a public hearing on a land use change requested by Okee Walker on a parcel located in the SE ¼ NW ¼ 9-86-9. Both members voting aye thereon. Motion carried. The time of 9:15 a.m. having arrived, and this being the time and date set for a public hearing on a land use change requested by Steve & Joyce Albert, the board took up the matter for consideration. Marc Greenlee presented the technical review information in accordance with the Benton County Agricultural Land Use Preservation Ordinance. The request is to change the land use classification from agricultural to commercial. The applicant is requesting a change to allow for the construction of a commercial automotive repair business. Greenlee advised that a well and septic system would be needed. Steve Albert said he wanted to keep the place clean and not have cars sitting out. Sanders said he sees this business as being compatible with the area. Buch questioned what would happen if the Albert’s wanted to sell the land and someone else were to use the property as an automotive business. Greenlee stated that if it were the same type of automotive business it would be ok; otherwise the County would have to approve the new commercial use. Upon hearing no further discussion, the chair declared the public hearing closed. Moved by Buch, seconded by Sanders, to approve a land use change from agricultural to commercial for Steve & Joyce Albert on 1.65 acres generally described as being located in the 21-86-9 SE ¼ Parcel C, for a commercial purpose as an automotive repair business with the restriction of no bodywork. Both members voting aye thereon. Motion carried. The time of 9:30 a.m. having arrived, and this being the time and date for a public hearing on a land use changed requested by John C. Pease, the board took up the matter for consideration. Marc Greenlee presented the technical review information in accordance with the Benton County Agricultural Land Use Preservation Ordinance. The request is to change the land use classification from agricultural to non-agricultural use. The applicant is requesting a change to allow for the construction of a barn with living space. Greenlee advised that a well is already on site and a holding tank would be used for a septic tank since Pease will only be staying there part-time. Greenlee stated he believed this was a good fit with the county’s land use policy. Upon hearing no further discussion, the chair declared the public hearing closed. Moved by Buch, seconded by Sanders, to approve a land use change from agricultural to non-agricultural use for John C. Pease on 3 acres in W ½ SW 33-82-11. Both members voting aye thereon. Motion carried. Moved by Buch, seconded by Sanders, to approve for submittal to the State a claim for services provided by Tammy Wetjen-Kestersen, in the amount of $2,718.75. Both members voting aye thereon. Motion carried. Moved by Buch, seconded by Sanders, to approve waiving the landfill fees for the Cedar River clean up. Both members voting aye thereon. Motion carried. Moved by Buch, seconded by Sanders, to approve a claim submitted by Mary Williams for services provided in February of 2009 for ARC in the amount for $425.60. Both members voting aye thereon. Motion carried. Supervisor Sanders reported that he went over to the Governor Sherman Building to check the noise level of the air conditioning unit with his decimeter. He said that from his meter the levels were below the threshold. Moved by Buch, seconded by Sanders, to rescind prior action and not re-route the ductwork at this time. Further, Mary Williams is directed to run the fan at all times for the air conditioning unit. Both members voting aye thereon. Motion carried. Jerry Petermeier, project coordinator for the new law enforcement center, gave an update on its progress to the Board. Petermeier stated that the safe room is ready to have the roof on it and the communications tower looks like it’s standing in place and not moving at this time. Everything is checking out fine, today maybe the last time they haul dirt out of the location. Petermeier also updated the board on the fiber-optic cable line from Kirkwood to the site. He stated that the old cables are damaged and they are looking at shortening the distance for the cables. Petermeier advised that he would get quotes to bore new fiber-optic cables to the new law enforcement center site. Mary Halstead reported to the board that she has a part-time employee who has gotten offered a full-time position outside of Benton County. Halstead stated that if she left she would have to replace her and was wondering if she could make the position into a full-time position to keep her. Sanders stated that Halstead needs to have more information when being placed on the agenda, that way the board and the public is made aware of what she(Halstead) is asking the board to consider and/or talk to them about. The matter is to be placed as an agenda item for the August 4th meeting to discuss the possibility of making the part-time position into a full-time position. Halstead also reported that they are planning on moving into their new Belle Plaine building on August 2nd. Supervisor Buch and Sanders read over the letter of rebuttal from County Engineer Myron Parizek to the DNR regarding the violation at the Benton County Landfill. No action was taken. Moved by Buch, seconded by Sanders, to approve the Recorder’s Quarterly report for the period ending June 30, 2010. Both members voting aye thereon. Motion carried. Moved by Buch, seconded by Sanders, to authorize the Chair to sign the payroll account acknowledgement and Section 125 Plan with AFLAC. Both members voting aye thereon. Motion carried. Benton County Sheriff Randall Forsyth reported to the Board that the City of Urbana is requesting a temporary law enforcement contract. Forsyth stated the contract is for $21.00 per hour for 20 hours per week and added that the sheriff’s department is already taking City of Urbana’s phone calls anyways. County Attorney David Thompson questioned what the termination notice was on the contract. Forsyth said it was 15 days for both parties. Thompson said he wouldn’t let the contract run longer than 1 year and recommended doing it for 90 days and then terminate. Thompson stated he would not recommend doing a law enforcement contract for a town that size for only $21.00 an hour. Forsyth stated it costs the county around $38.00 and hour to have law enforcement be there. Moved by Buch, seconded by Sanders, to enter into the Law Enforcement Contract with City of Urbana for 90 days at $21.00 per hour for 20 hours a week. Both members voting aye thereon. Motion carried. Moved by Buch, seconded by Sanders, to sign the Contract for Animal Control Officer between Benton County and Garrett Wittmer. Both members voting aye thereon. Motion carried. CONTRACT FOR ANIMAL CONTROL OFFICER This agreement is between Benton County, Iowa and Garrett Wittmer and provides that Mr. Wittmer will serve as Animal Control Officer for Benton County, Iowa under the following terms and conditions: Mr. Wittmer will start work as the Benton County Animal Control Officer on September 1st, 2010. This contract shall run for one year. Mr. Wittmer will be paid $200.00 per month plus $15.00 per hour for individual animal control incidences. In addition, Mr. Wittmer shall be reimbursed for his incurred mileage at the current I.R.S. rate. Mr. Wittmer shall provide all necessary equipment in order to fulfill his duties as Benton County Animal Control Officer. The parties agree that Mr. Wittmer is hired as an independent contractor and therefore, is not an employee of Benton County, Iowa. Mr. Wittmer agrees to provide himself with liability insurance for his duties as Benton County Animal Control Officer in the aggregate amount of one million dollars and will provide proof of this insurance to Benton County, Iowa. _________________________ GARRETT WITTMER _________________________ JASON SANDERS, CHAIRMAN BENTON COUNTY SUPERVISORS Moved by Buch, seconded by Sanders, to adjourn. All members voting aye thereon. Motion carried. _______________________________ Jason Sanders, Chairman ATTEST: _________________________________ Gina Edler, Clerk Jill Marlow, Auditor