Government : Board of Supervisor Minutes 4/21/15

April 21, 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 Hertle, seconded by Wiley, to approve the minutes of April 14, 2015. All members voting aye thereon. Motion carried. Representatives of the Benton County Solid Waste Commission (the Commission) met with the board regarding leachate hauling. Benton County Secondary Roads had hauled the leachate in the past, but the county engineer has informed the commission that secondary roads will no longer provide that service. Supervisor Hertle stated that when the Commission was formed to take over management of the landfill, Benton County agreed to provide certain services to the Commission. Hertle stated that the decision on hauling leachate was a decision of the board of supervisors and not the county engineer. Hertle went on to state that there had been a gentleman’s agreement that the county would haul the leachate in exchange for taking refuse to the landfill at no charge. Engineer Myron Parizek replied that when the Commission stated that they were no longer in need of the county’s management services (in March) and that they, the Commission, wanted to stand on their own – he took that to mean all services being provided by the county including leachate hauling. Supervisor Wiley questioned what the approximate cost was to haul the leachate and the engineer estimated it to be less than $10,000.00. Discussion also included the lack of documentation on what the landfill had accepted free-of-charge from county. The Commission stated that documentation was being kept now on the amount of refuse being brought in by the county, but that no documentation was kept prior when secondary roads managed the landfill nor was the new manager informed that he was to track it so the documentation would not be complete. Moved by Hertle, seconded by Wiley, to enter into an Agreement for Leachate Hauling between Benton County and the Benton County Solid Waste Commission. All members voting aye thereon. Motion carried. AGREEMENT FOR LEACHATE HAULING WHERAS, the Benton County Solid Waste Disposal Commission is a 28E entity organized by the municipalities and Benton County for operation of the Benton County Sanitary Landfill; WHEREAS, the Benton County Sanitary Landfill has a leachate pond that must be emptied to comply with Department of Natural Resource regulations; WHERAS, the Benton County Solid Waste Disposal Commission does not have the necessary equipment to empty the leachate pond and transport the materials to the City of Vinton’s wastewater treatment plant; WHEREAS, Benton County has the necessary equipment to transport the leachate materials to the City of Vinton’s wastewater treatment plant; WHEREAS, the Benton County Solid Waste Disposal Commission does not charge Benton County for materials brought into the sanitary landfill; WHEREAS, the parties desire to memorialize their agreement regarding leachate hauling and the depositing of materials by Benton County in the sanitary landfill. IT IS THEREFORE AGREED between the Benton County Solid Waste Disposal Commission and Benton County, Iowa as follows: Benton County, Iowa will continue to furnish the equipment and manpower needed to empty the leachate pond at the Benton County Sanitary Landfill at no charge to the Benton County Solid Waste Disposal Commission until July 1, 2015. Benton County, Iowa will keep track of expenses associated with the hauling of leachate materials and will provide an itemized invoice to the Commission prior to July 1, 2015. The Benton County Solid Waste Disposal Commission agrees that Benton County and their departments shall be permitted to deposit items at the sanitary landfill at no cost to Benton County. The Benton County Solid Waste Disposal Commission shall keep track of all materials brought into the landfill by Benton County and its departments and shall provide a report to the Benton County Supervisors prior to July 1, 2015, regarding the tonnage received. The parties agree to revisit this agreement in July of 2015. Dated this 21st day of April, 2015. Benton County, Iowa By :_(s) Donald H. Frese___________________ Supervisor ATTEST: By: (s) Jill Marlow___________________________ Jill Marlow, Auditor Benton County Solid Waste Disposal Commission By:__________________________________ John Watson, Chair Attest: By:__________________________________ Tim Yoder, Secretary Moved by Wiley, seconded by Hertle, to approve checks numbered 214232 through 214422, payroll checks numbered 138194 through 138206, and ACH payments numbered 23821 through 23953, for payment. All members voting aye thereon. Motion carried Moved by Wiley, seconded by Hertle, to set May 12, 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 Jeff & Darla Kromminga for Prairieview Hog Farm, Inc. in Kane Township, Sections 27 & 33. All members voting aye thereon. Motion carried. The time of 9:15 a.m., having arrived and this being 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. in the NE1/4 of NE1/4 of 25-84-12, the chair opened the matter for public comment. The following persons were present: News Media -Jim Morrison; Applicant – John Harder and Kent Kraus with Pinnacle (applicant’s consultant); Public – Hank Wehrman, Tyler Franzenburg, Eloise Timmerman, Dave Ramm, and Cheryl Ramm. Benton County Land Use Administrator Marc Greenlee presented the Master Matrix Review and Evaluation. Greenlee stated that he only reviews those items scored by the applicant on the Matrix to determine if the applicant’s scoring is legitimate. Greenlee stated that he visited the site that is located about three-fourths of a mile north of 67th Street and west of 16th Avenue in Homer Township. The proposal is for two barns, which will be located approximately 150 feet from the road. The facility is planned to have 4,960 head of finished market hogs. Greenlee reported that his review found no discrepancies with the applicant’s scoring. The scoring resulted in 490 points of which only 440 is required to pass the Master Matrix. The points are broken down into the following categories: Air – 144.5 (53.38 minimum required); Water – 136.5 (67.75 minimum required); and Community – 209 (101.13 minimum required). The board asked for comment from the public. Comments included, but are not limited to, the following: Trees: Dave Ramm stated that he is not against the facility per se, but is concerned about the odor and questioned what was going to be done to keep the odor coming from the buildings minimized. Ramm questioned if trees would be planted around the facility – adding that he lived on 16th Avenue approximately 1.25 miles south of the proposed facility. Applicant John Harder responded that he would plant trees. Kraus added that landscaping was not needed to pass the Master Matrix and was not included, but the owner had spoken about planting trees on the north side but wasn’t sure about the west side and that the trees would be a fast growing poplar/willow type tree that will get fairly tall in a short period of time. Ramm asked if the owner gave his word on planting trees and Harder responded that he planned to do that. Eloise Timmerman questioned if the trees would be planted around the entire facility and specifically on the south side. Krause responded that trees planted on the south side would interfere with natural ventilation from summer breezes and explained the science behind the use of trees. Krause stated that producers hesitate to plant trees on the south side for the welfare of the animals. Supervisor Wiley questioned if trees could be added as a part of the permitted application. Krause responded that he hesitated putting trees in the Master Matrix due to the requirements for shrubs, fast growing and slow growing trees and although that would be nice the biggest impact would be from planting fast growing trees. Residency: Eloise Timmerman stated she had nothing against hog confinements but believed that the owners should have to work the facility and live next to it – adding that she had a problem with Pork Palace LLC building the facility but living miles from it. Supervisor Hertle questioned Timmerman as to where she currently lived. Timmerman responded that she does not live on the farmstead owned by her but that she spent time maintaining the property , especially from April through November of each year. Management: Supervisor Wiley questioned what arrangements were made for snow removal and lawn care – adding that well-kept sites are better received. Harder responded that he will have two workers who live within four miles of the facility and that he planned to plant alfalfa instead of grass. D. Ramm questioned if tanker trucks will be used to haul the manure and incorporate it. Harder responded that he will contract for that work and that he does not have a tanker truck, but that the manure will be incorporated on the 560 acres owned by Harder and that he plans to rotate the clean-out between barns each year. Krause added that the manure management on the Master Matrix commits the applicant to using the injection method and that would be a condition of the permit. Krause also explained the requirements of the Manure Management Plan and the annual update requirements. Greenlee stated that an on-site office is proposed to be located between the two barns. Compost Structures: Supervisor Wiley questioned if there would be a compost structure for the site. Krause responded that the facility would be using composting versus rendering but that the composter is not a part of the Master Matrix, however a compost pad would be needed. Wiley stated that the bigger issue is when compost structures are not managed properly and that on-site equipment is needed to bury carcasses. Harder advised that a skid loader and truck would be kept on-site. Krause agreed that composting must be well managed. Wiley stated that there could be definite odor issues if rendering is used or the compost pile is not managed well. The chair asked if there were any additional comments and hearing none declared the public hearing closed at 9:55 a.m. Moved by Wiley, seconded by Hertle, to accept the Master Matrix Review and Evaluation as presented. All members voting aye thereon. Motion carried. Moved by Wiley, seconded by Hertle, that based upon the comments heard during the public hearing, to recommend approval of the application with the addition that Pork Palace, LLC is to have a minimum of two rows of hybrid willow-like trees on the north side of the site for a minimum distance of the length of the buildings. All members voting aye thereon. Motion carried. MASTER MATRIX REVIEW AND EVALUATION BENTON COUNTY BOARD OF SUPERVISORS RECOMMENDATION Applicant: John Harder, Pork Palace, LLC – 7 Sylvan Ln. SE, Cedar Rapids, IA 52403 Facility Location: NE1/4 of the NE1/4, Section 25, T84N, R12W (Homer Twp.) The Benton County Board of Supervisors has reviewed and evaluated a construction permit application for a confinement feeding operation from Pork Palace, LLC. The application was received by Benton County on March 12, 2015. The application was received by the IDNR on March 27, 2015. A public hearing notice was published by Benton County in the Cedar Valley Times, Vinton, Iowa, on April 7, 2015. A proof of publication is enclosed within this packet. The Benton County Board of Supervisors held a public hearing regarding the construction permit application on April 21, 2015. Two (2) individuals came to the hearing. One questioned what would be done to control odors from the facility, would there be management onsite. The owner stated that he would be willing to plant trees on site to help minimize odors, and that there is going to be a local manager. One citizen stated that the owner of the proposed facility does not live onsite. No other comments were received. After discussion and consideration of the information reported at the hearing the Board of Supervisors found that the applicant has demonstrated compliance with the minimum separation distances between the proposed facility and items referenced within Table 6C of 567 – Chapter 65 of the Iowa Administrative code, that the proposed building site is not on alluvial soils or in karst terrain, and that the overall score of the matrix evaluation was sufficient for approval. The Board voted to approve the master matrix review and evaluation as scored. A copy of the Master Matrix and Benton County Scoring Summary is attached. The Board voted to recommend approval of the construction permit application, with the addition that Pork Palace LLC will have a minimum of two (2) rows of hybrid willow-like trees planted on the north side of the site at a minimum the same length as the confinement buildings. Dated April 21, 2015. BENTON COUNTY BOARD OF SUPERVISORS _______________ ______________ ______________ Donald H. Frese Terry L. Hertle Todd Wiley Chairman Marc Greenlee, Land Use Administrator, presented an application for a farm exemption submitted by Bruce Thorman in accordance with the Benton County Agricultural Land Use Preservation Ordinance. Greenlee reported that the applicant is part of a family farming operation on 700 acres and meets the requirements of the ordinance for an exemption. The applicant is requesting an exemption to allow for a single-family residence. Moved by Wiley, seconded by Hertle, to approve a farm exemption in accordance with the Benton County Land Use Preservation Ordinance on a parcel located in the NE1/4 of 6-82-10, for the purposes of constructing a single-family residence. All members voting aye thereon. Motion carried. Benton County Attorney David Thompson, Assistant County Attorney Emily Nydle and Assistant County Attorney Jo Nelson met with the board to request an amendment to Nelson’s employment contract. Nelson has submitted her resignation from employment. Nelson advised that she is moving out-of-state due to her husband’s job transfer. Nelson expressed her gratitude for the opportunity to work for Benton County - adding that she has learned a lot during her employment. Thompson recommended that the board amend the agreement and accept the resignation and wished Nelson well. Moved by Hertle, seconded by Wiley, to amend the employment contract between Benton County and Jo Nelson to reflect that the parties agree that Nelson’s last day of employment with the Benton County Attorney’s Office is May 22, 2015. Further, that the board accepts the resignation of Jo Nelson. All members voting aye thereon. Motion carried Sheriff Randy Forsyth met with the Board regarding his current fiscal year budget. Forsyth advised that he was currently running over budget in communications but was still within his overall budget. However, Forsyth stated he may not be able to stay within the budget until the end of the fiscal year unless he held off paying for maintenance agreements until after July 1st, which would cause problems for his FY16 budget. Forsyth also questioned his FY16 budget amount and the need to plan for a records management upgrade. Forsyth stated that he has to use full-time communications operators to cover shifts for other operators who are on vacation because he doesn’t have enough part-time communications operators on staff. This had resulted in being over in that area of the budget. Forsyth stated he is having difficulty hiring part-time staff as no one wants to work nights, week-ends, or holidays. The board agreed to appropriate the remaining $100,000 in the budget to the sheriff’s department; however stressed the need to continue to find ways to reduce spending. Forsyth requested that the board provide insight as to their plans for the FY16 budget as that would dictate whether a records management upgrade could be done. The board stated that they would appropriate the entire amount that was budgeted for the sheriff’s department in FY16. Moved by Wiley, seconded by Hertle, to adopt Resolution #15-19, Amending Resolution #14-38. Voting aye were Frese, Hertle, and Wiley. Nays none. Motion carried. RESOLUTION # 15-19 Amending Resolution #14-38 APPROPRIATIONS WHEREAS, the Benton County Board of Supervisors adopted Resolution #14-38, Appropriations on June 24, 2014; and WHEREAS, said resolution appropriated funds to the various departments for the fiscal year beginning July 1, 2014; and WHEREAS, the board did not appropriate $100,000.00 to the sheriff’s department as stated in said resolution; and WHEREAS, the board desires to now appropriate said $100,000.00 NOW THEREFORE BE IT RESOLVED BY THE BENTON COUNTY BOARD OF SUPERVISORS that Resolution #14-38, Appropriations, adopted on June 24, 2014, is HEREBY AMENDED as follows: Section 1. Is amended by removing the sentence, “The appropriation for the sheriff’s department is reduced by $100,000.00 from the adopted FY15 budget.” The remaining parts of said Resolution #14-38, adopted on June 24, 2014, remain in full force and effect. Dated this 21st day of April 2015. _____________________________________ Donald H. Frese, Chairman _____________________________________ Terry L. Hertle ______________________________________ Todd Wiley ATTEST: _____________________________________ Jill Marlow, Benton County Auditor Moved by Wiley, seconded by Hertle, to approve a utility permit requested by Farmer’s Mutual Telephone to place utility lines in the county’s right-of-way along 32nd Avenue in Section 11 of South Polk Township (also known as Benton Township). All members voting aye thereon. Motion carried. Moved by Hertle, seconded by Wiley, to approve and sign the purchase agreement with Jampres L.L.C. for permanent and temporary easement for project BRS-CO06(95)—60-06, for .18 acres of permanent easement and .22 acres of temporary easement located in the of NE1/4 of 31-85N-12W at a total cost of $2,809.43. All members voting aye thereon. Motion carried. The matter of signing the FY16 health insurance renewal binder with Wellmark was discussed. The auditor advised that she was not provided with the renewal binder until Monday afternoon with a deadline to return it to Wellmark by April 27, 2015. Marlow stated that she immediately added it to the posted agenda and also contacted Wellmark to advise approval may be problematic due to the timing. Wellmark agreed to allow an additional day for return. The board however stated that the renewal had been fully discussed in a board meeting on February 10, 2015, and that signing the binder was simply a formality to what was presented on that date. Moved by Hertle, seconded by Wiley, to approve and direct the chair to sign the FY16 Renewal Group Binder Agreement and the Confirmation of MSP Addendum between Benton County and Wellmark for employee health insurance. All members voting aye thereon. Motion carried. Moved by Hertle, seconded by Wiley, to adjourn. All members voting aye thereon. Motion carried. ____________________________________ Donald H. Frese, Chairman ATTEST: _____________________________________ Jill Marlow, Benton County Auditor