Government : Benton County Board of Supervisor Minutes 03/31/15

March 31, 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 March 24, 2015. All members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Wiley, to establish a “No Parking” area in the immediate area located west of the county garage that is located east of the courthouse. All members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Wiley, to approve the hire of Janice M. McLaughlin as a part-time correctional officer at the Benton County Sheriff’s Department, effective April 1, 2015, at a starting wage of $13.77 per hour due to experience. All members voting aye thereon. Motion carried.

Moved by Wiley, seconded by Hertle, to terminate the part-time employment of Michael Beumer, effective immediately. This action is pursuant to county policy terminating an employee who has not worked for a period of one year. All members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Wiley, to set April 21, 2015, at 9:15 a.m., as the time and date for a public hearing on a Construction Permit Application for a confinement feeding operation submitted by John Harder, Pork Palace, LLC, on a parcel located in the NE1/4 of the NE1/4 of 25-84-12. All members voting aye thereon. Motion carried.

The board discussed the survey requested by the Dickinson County Board of Supervisors regarding the Iowa Master Matrix System. The survey is requesting the board’s position on changing the current regulations to provide for more local control when it comes to siting confined animal feeding operations. Supervisor Hertle commented that he supports local control but added that there should be uniform regulations statewide. Supervisor Wiley stated that with local control comes more burden and responsibility on the county supervisors. Wiley added that he had no opinion on this specific matter, but believed that more separation distance should be considered when siting facilities. Supervisor Frese responded that he supports more local control. Land Use Administrator Marc Greenlee commented that if more local control is granted then the county would have to employ or contract with someone who has more expertise on confined animal feeding operations, as the Department of Natural Resources now provides that expertise.

The time of 9:15 .m. having arrived, the board opened the public hearing on a land use change requested by John C. Lane on a parcel located in Harrison Township Section 2 South. 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 NE1/4 of 2 (S) -85-10. The request is to change the classification to a single residential use. A new septic would be needed for the residence and the well is existing. 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 residential purpose on a parcel generally described as being located in the SW1/4 of the NE1/4 Sec. 2 (S)-85-10. All members voting aye thereon. Motion carried.

Dan Kaestner and Steven Moretz met with the board to request a variance to the county’s subdivision ordinance. Moretz currently owns approximately sixteen acres with a house located in the SW1/4 of the SW1/4 of 32-86-10 and the SE1/4 of the SW1/4 of 32-86-10. Moretz has been promoted by his employer and is moving out of the county. Moretz’s employer will purchase the home if Moretz is unable to sell it; however, the company will only purchase the house and five acres. Moretz would like to split the sixteen acre parcel and is requesting that the county waive the subdivision ordinance requirements. The board discussed the matter in detail and although were understanding of Moretz’s situation – they were unable to establish a hardship as required by the ordinance. The board advised that Moretz would need to comply with the Benton County Subdivision Ordinance; however the board agreed that they would consider waiving some of the specific requirements, if needed.

Moved by Hertle, seconded by Wiley, to authorize the engineer to advertise to hire part-time seasonal truck drivers for his department. All members voting aye thereon. Motion carried. The number of hires and the wages are to be determined at a later date.

Moved by Hertle, seconded by Wiley, to approve Change Order #3 to the contract between Benton County and Zephyr Aluminum for the courthouse window replacement project reducing the price of the contract by $17,991.07. The reduction is for changing spandrels to clear insulated glass on the first floor arch tops and credit for unused contingency. The final contract price is $366,113.93. Further, to issue a Certificate of Substantial Completion for the window project, effective March 17, 2015, noting that $5,000 for work is still incomplete or defective. The contractor is to complete or correct said items within fifteen days of the date of substantial completion. All members voting aye thereon. Motion carried.

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

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Donald H. Frese, Chairman

ATTEST:

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Jill Marlow, Benton County Auditor