Government : Benton County Board of Supervisors Minutes, Feb. 10, 2015

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February 10, 2015

The Benton County Board of Supervisors met in regular session with Supervisors Frese, Hertle and Wiley present. The meeting was called to order at 9:00 a.m.

Moved by Wiley, seconded by Hertle, to approve the minutes of February 3, 2015 and February 4, 2015. All members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Wiley, to approve checks numbered 213402 through 213571, payroll numbered 138074 through 138103, and ACH deposits numbered 23170 through 23298, for payment. All members voting aye thereon. Motion carried.

Supervisor Hertle introduced the resolution hereinafter next set out, related to setting a date for hearing on a general obligation loan agreement related to financing solid waste disposal facilities, and moved its adoption, seconded by Supervisor Wiley; and after due consideration thereof by the Board, the Chairperson put the question upon the adoption of the said resolution and the roll being called, the following named Supervisors voted:

Ayes: Frese, Hertle, and Wiley

Nays: None

Whereupon, the Chairperson declared the resolution duly adopted as hereinafter set out.

RESOLUTION NO. 15-8

Resolution to fix a date for public hearing on a General Obligation Solid Waste Disposal Loan Agreement in an amount not to exceed $750,000

WHEREAS, Sections 331.402 and 331.441 of the Code of Iowa authorize counties to enter into loan agreements and borrow money for the purpose of paying the cost of facilities for the collection and disposal of solid waste; and

WHEREAS, the Board of Supervisors (the “Board”) of Benton County, Iowa (the “County”), proposes to enter into a loan agreement (the “Loan Agreement”) in a principal amount not to exceed $750,000, pursuant to the provisions of Sections 331.402 and 331.441 of the Code of Iowa, for the purpose of paying the costs, to that extent, of constructing a facility for the disposal of solid waste to be operated by the Benton County Solid Waste Disposal Commission; and

WHEREAS, it is necessary to fix a date of meeting of the Board at which it is proposed to take action to hold a public hearing on the Loan Agreement and to give notice thereof;

NOW, THEREFORE, Be It Resolved by the Board of Supervisors of Benton County, Iowa, as follows:

Section 1.This Board shall meet on the 24th day of February, 2015, at the Boardroom, Benton County Courthouse, 111 E. 4th Street, Vinton, Iowa, at 9:30 o’clock a.m., at which time and place a hearing will be held on the proposal to enter into the Loan Agreement.

Section 2.The County Auditor is hereby directed to give notice of the proposed action on the Loan Agreement, setting forth the amount and purpose thereof, the time when and place where the said meeting will be held, by publication at least once and not less than 4 nor more than 20 days before the meeting, in a legal newspaper of general circulation in the County.

Section 3.The notice shall be substantially as follows:

NOTICE OF PUBLIC HEARING ON LOAN AGREEMENT IN A PRINCIPAL AMOUNT NOT TO EXCEED $750,000

(GENERAL OBLIGATION)

The Board of Supervisors of Benton County, Iowa, will meet on the 24th day of February, 2015, at the Boardroom, Benton County Courthouse, 111 E. 4th Street, Vinton, Iowa, at 9:30 o’clock a.m. for the purpose holding a public hearing on a proposal to enter into a loan agreement (the “Loan Agreement”) in a principal amount not to exceed $750,000 for the purpose of paying costs, to that extent, of constructing a facility for the disposal of solid waste to be operated by the Benton County Solid Waste Disposal Commission.

The Loan Agreement is proposed to be entered into pursuant to authority contained in Sections 331.402 and 331.441 of the Code of Iowa and will constitute a general obligation of the County.

At that time and place, oral or written objections or comments may be filed or made to the proposal to enter into the Loan Agreement. After receiving objections or comments, the Board of Supervisors may determine to enter into the Loan Agreement, in which case, the decision will be final unless appealed to the District Court within fifteen (15) days thereafter.

By order of the Board of Supervisors of Benton County, Iowa.

Jill Marlow

County Auditor

Section 4.All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict.

Passed and approved February 10, 2015.

Chairperson, Board of Supervisors

Attest:

County Auditor

The time of 9:15 .m. having arrived, the board opened the public hearing on a land use change requested by Brad and Linda Anders. Marc Greenlee presented the technical information in accordance with the Benton County Agricultural Land Use Preservation Ordinance. The change in use is for approximately 1 acre located in the SE1/4 of 6-86-10. The request is to change the classification to a commercial use. The use is for a custom gunsmith shop and would not require a new septic or well. The new use would be in an existing building and use an existing drive. The applicant advised that there would not be a public shooting

range. Hearing no further comment, it was moved by Wiley, seconded by Hertle, to approve the request for a land use change from agricultural to non-agricultural on approximately 1 acre for a commercial use for a custom gunsmith shop on a parcel generally described as being located in the SE1/4 of Sec 6-86-10. All members voting aye thereon. Motion carried.

Representatives of Wellmark presented information to the board about the Iowa State Association of Counties Group Health Plan’s (the Group) history and experience in health care claims. Information was provided on the ISAC Wellness program offered to employees and the effect on premiums employee participation produces. It was explained how the Affordable Care Act has and will continue to impact the Group. Changes to the coverage of specialty drugs effective July 1, 2015 was explained as well as the possibility of adding new drug plans to the Group’s offerings.

The board discussed replacing the large south courthouse window, which has a hole in it, and also replacing a small decorative glass pane in the window on the north side that is cracked. The county attorney questioned what would be done with the glass removed from the south window – adding that the glass could be used by other persons. The architect stated that he would have to contact the contractor to determine if the salvaging the glass was considered as a part of his bid. The board also discussed the request from the recorder to change the spandrel windows (dark brown) in her office to clear glass. The current specifications set out the use of spandrel for the half-moon shaped windows on the entire first floor of the courthouse. Moved by Wiley, seconded by Hertle, to approve replacing the windows on the south and north sides of the courthouse, as discussed, at a cost of $588.00. Further, to deny the request to change the spandrel in the recorder’s office to clear glass. The denial is due to the fact that the windows would not match the remaining first floor windows. All members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Wiley, to approve a request for a utility permit requested by Farmer’s Mutual Telephone to place utility lines in the county’s right-of-way in Benton Township at the intersection of 61st St. Lane and 30th Avenue, then west to the tower. All members voting aye thereon. Motion carried.

Moved by Wiley, seconded by Hertle, to approve a utility permit requested by Poweshiek Water Association to place utility lines in the county’s right-of-way in Monroe Township sections six and seven and in Kane Township sections thirty-two and thirty-three. All members voting aye thereon. Motion carried.

Moved by Wiley, seconded by Hertle, to approve and sign the plan sheet for the HMA (hot mix asphalt) resurfacing project on E44 between Keystone and Van Horne, Project FM-CO06(99)—55-06. All members voting ae thereon. Motion carried.

The board conducted an employee evaluation of the county engineer. The engineer requested that the board go into closed session as provided by law. Moved by Hertle, seconded by Wiley, to go into closed session pursuant to Iowa Code 21.5(1)i. All members voting aye thereon. Motion carried at 11:00 a.m.

Moved by Wiley, seconded by Hertle, to return to open session. All members voting aye thereon. Motion carried at 11:55 a.m.

There was no action taken as a result of the closed session.

There was no action taken on the agenda item setting the FY16 salary of the county engineer.

The board delivered its initial contract negotiation proposal to Teamsters Union Local 238 representing the sheriff’s department.

The board continued working on the FY16 budget. Moved by Wiley, seconded by Hertle, to set March 10, 2015, at 9:30 a.m. as the time and date for a public hearing on the FY16 budget. All members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Wiley, to recess until 6:00 p.m. and reconvene at the Farm Bureau Office. All members voting aye thereon. Motion carried.

The board reconvened at 6:00 p.m. at the Farm Bureau Office at 1105 W. 9th St., Vinton, Iowa.

The board reviewed the FY16 budget with Farm Bureau members and discussed other issues including roads, landfill, road use tax, and other issues affecting Benton County and the residents of the county.

The board discussed the action taken earlier in the meeting concerning the windows in the courthouse. Supervisor Wiley stated that he learned (during the board’s recess) that the contractor had inadvertently ordered clear glass instead of spandrel glass for all windows on the first floor. Wiley stated that the offices located on the first floor would prefer the clear glass. Wiley moved to rescind the earlier action of the board to deny replacing the spandrel in the recorder’s office with clear glass based on the new information, and to further approve a change from spandrel windows to clear glass windows on the entire first floor, with the stipulation that there will be a reduction in cost from the contractor due to the error. Supervisor Hertle seconded the motion. All members voting aye thereon. Motion carried.

Supervisor Hertle stated that he subsequently learned during the board’s recess that replacing the glass on the south side of the courthouse will result in a glass that will be noticeably different than the adjacent glass due to the age of the glass, and that based on that information, he was moving to rescind the earlier action of the board authorizing the replacement of the glass on the south side of the courthouse, and to only replace the cracked window on the north side of courthouse. Supervisor Wiley seconded. All members voting aye thereon. Motion carried. The cost to replace just the n cracked window on the north side is $186.00.

Moved by Hertle, seconded by Wiley, to adjourn. All members voting aye thereon. Motion carried.

________________________________________

Donald H. Frese, Chairman

ATTEST: ______________________________________________