Government : Benton County Board of Supervisor Minutes 5/12/15

May 12, 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 May 5, 2015. All members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Wiley, to approve checks numbered 214423 through 214630, payroll checks numbered 138207 through 138221, and ACH deposits numbered 23954 through 24085, for payment. All members voting aye thereon. Motion carried.

Marc Greenlee requested that the board approve a resolution on the draft permit received from the Department of Natural Resources for Pork Palace LLC. Iowa Code Section 459.304 allows the board to contest the decision of the DNR to issue the permit, but must be done within fifteen days of the receipt of the draft permit. Moved by Wiley, seconded by Hertle, to approve Resolution #15-24. Voting aye were Frese, Hertle, and Wiley. Nays none. Motion carried.

RESOLUTION #15-24

RESOLUTION APPROVING WAIVER OF BENTON COUNTY’S RIGHT TO APPEAL ISSUANCE OF FINAL CONSTRUCTION PERMIT FOR THE CONSTRUCTION OF CONFINED ANIMAL FEEDING OPERATION BY THE IOWA DEPARTMENT OF NATURAL RESOURCES.

BE IT RESOLVED by the Benton County Board of Supervisors as follows:

Section 1. The Benton County Board of Supervisors has received notice from the Iowa Department of Natural Resources (DNR) that John Harder and Troy Louwagie, dba Pork Palace, LLC has been issued a draft permit for the construction of confined animal feeding operation buildings in the NE ¼ of the NE ¼, Section 25, T84N, R12W, Homer Township, in unincorporated Benton County.

Section 2. The Benton County Board of Supervisors reviewed the construction permit application and the manure management plan and determined that both appeared to be in compliance with the requirements of the Master Matrix, Iowa Code Section 459 and Iowa DNR rules and recommended approval of said application on April 21, 2015.

Section 3. The Benton County Board of Supervisors hereby waives its right to appeal the issuance of the final permit within the fourteen (14) day limit from the time of receipt of notice of the issuance of the draft permit.

Section 4. The Benton County Board of Supervisors encourages the Iowa DNR to issue the final permit immediately upon notification of this waiver.

Section 5. The Benton County Board of Supervisors authorizes the Board Chairperson to notify the Iowa DNR of this waiver.

Section 6. This resolution shall take effect immediately.

THIS RESOLUTION IS ADOPTED AND PASSED this 12th day of May, 2015.

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Donald H. Frese

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Terry L. Hertle

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Todd Wiley

ATTEST:

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Deputy Benton County Auditor

Moved by Wiley, seconded by Hertle, to take from the table the fireworks permit requested by Roger Downing . Moved by Wiley, seconded by Hertle, to approve the fireworks permit requested by Roger Downing for an event to be held on May 16, 2015, at 1927 51st Street Drive, Mount Auburn. All members voting aye thereon. Motion carried.

Moved by Wiley, seconded by Hertle, to approve the claim submitted by Tammy Wetjen-Kestersen for decategorization administration services for the month of April 2015, in the amount $2,851.80. All members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Wiley, to approve a Class B Liquor License submitted by Blairstown Sauerkraut Days Beer Tent. All members voting aye thereon. Motion carried.

Moved by Wiley, seconded by Hertle, to approve the use of the courthouse lawn on June 25, 2015, by the Vinton Parks and Recreations for Vinton’s Party in the Park Kids Night. Vinton Parks and Recreation is responsible for enforcing the no smoking law, cleaning up the grounds, and that no vehicles are to be parked on the lawn. All members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Wiley, to approve the use of the courthouse lawn by the Vinton Cruise Committee on July 18, 2015, for their annual cruise. The committee is responsible for enforcing the no smoking law, cleaning up the grounds, and that no vehicles are to be parked on the lawn. All members voting aye thereon. Motion carried.

Marc Greenlee requested that the board take action on the construction permit received from the Department of Natural Resources for Daren Rinderknecht doing business as Rinderknecht Pork. The permit is to expand an existing facility established in 1970. The existing barn holds1,000 head of hogs; the permit is to add two more barns designed to house 2,600 head of hogs. A public notice of the application was published on April 24, 2015; no comments were received from the public. Moved by Hertle,

seconded by Wiley, that the board recommend approval of the construction permit application for Daren Rinderknecht, doing business as Rinderknecht Pork. All members voting aye thereon. Motion carried.

IDNR CONSTRUCTION PERMIT APPLICATION

CONFINEMENT FEEDING OPERATION

BENTON COUNTY BOARD OF SUPERVISORS RECOMMENDATION

Applicant: Daren Rinderknecht Farms, 6774 24th Avenue, Van Horne, IA 52346

Facility Location: NW ¼ and SW ¼ of the SW ¼, Section 33, T84N, R10W (Eden Twp.)

The Benton County Board of Supervisors has reviewed and evaluated a construction permit application for a confinement feeding operation from Daren Rinderknecht Farms. The application was received by Benton County on April 9, 2015. The application was received by the IDNR on April 16, 2015.

A public notice advising the public of the application was published by Benton County in the Cedar Valley Times, Vinton, Iowa, on April 24, 2015. A proof of publication is attached to this recommendation.

The Benton County Board of Supervisors entertained written public comment regarding the construction permit application until May 8, 2015. No comments were received from the public.

After discussion and consideration of the information reported at the Board of Supervisors regular meeting on May 12, 2015 concerning the application the Board found that the applicant has demonstrated compliance with the minimum separation distances between the proposed facility and items referenced within Chapter 65 of the Iowa Administrative code.

The Board voted to recommend approval of the construction permit application for Daren Rinderknecht, dba Rinderknecht Pork. Dated May 12, 2015.

BENTON COUNTY BOARD OF SUPERVISORS

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Donald H. Frese Terry L. Hertle Todd Wiley

Chairman

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 Jeff & Darla Kromminga for Prairieview Hog Farm, Inc. in Kane Township Sections 27 & 33, the chair opened the matter for public comment. The following persons were present: News Media -Jim Morrison; Applicant – Jeff Kromminga and Tyler Franzenburg (applicant’s consultant). 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. The proposal is to construct a 2480 head wean-to-finish hog confinement at another site approximately 2,200 feet away from their current 2,400 head wean-to-finish hog confinement. They also wish to change the capacity of the existing confinement to 2,480 head. Both confinements will use below building deep concrete pits for manure storage. Greenlee reported that his review found no discrepancies with the applicant’s scoring. The scoring resulted in 480 points of which only 440 is required to pass the Master Matrix. The points are broken down into the following categories: Air – 148.5 (53.38 minimum required); Water – 134 (67.75 minimum required); and Community – 197.5 (101.13 minimum required). Greenlee stated there is a current well on Don Franzenburg ground which will be 200 feet away from the new facility; it is classified as a shallow well. As a result the DNR has asked that the well be closed. Greenlee will notify the DNR when the well is closed. The chair asked if there were any additional comments and hearing none declared the public hearing closed at 9:29 a.m.

Moved by Hertle, seconded by Wiley, to accept the Master Matrix Review and Evaluation as presented. Voting aye were Frese, Hertle, and Wiley. Nays none. Motion carried.

Moved by Wiley, seconded by Hertle to recommend approval of Construction permit Application for Jeff and Darla Kromminga for Prairieview Hog Farm, Inc. All members voting aye thereon. Motion carried.

MASTER MATRIX REVIEW AND EVALUATION

BENTON COUNTY BOARD OF SUPERVISORS RECOMMENDATION

Applicant: Jeff and Darla Kromminga – 1625 73rd Street, Keystone, IA 52249

Name of Operation: Prairieview Hog Farm, Inc.

Facility Location: Sections 27 & 33, T83N, R12W (Kane Twp.)

The Benton County Board of Supervisors has reviews and evaluated a construction permit application for a confinement feeding operation from Prairieview Hog Farm. The application was received by Benton County on April 17, 2015. The application was received by the IDNR on April 17, 2015.

A public hearing notice was published by Benton County in the Vinton Eagle, Vinton, Iowa on April 28, 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 May 12, 2015. No written comments were received prior to the hearing and no comments from the public were received at the hearing.

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 6 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. Dated May 12, 2015.

BENTON COUNTY BOARD OF SUPERVISORS

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Donald H. Frese Terry L. Hertle Todd Wiley

Chairman

Deputy Auditor Gina Edler discussed with the Board the need to appoint a Kane Township trustee. Shawn Ritter was written-in at the General Election and has not filled out the appropriate paperwork for the position. Kane Township clerk Michael Silhanek has been unable to find anyone to fill the position. Supervisor Hertle is going to make some phone calls to try to find someone to appoint. No action was made; item was put on the next week’s agenda.

Joey Moore with SecureTech presented a courthouse security system. The system is completely wireless. The system involves panic buttons that would activate up to 4 frequencies. It could dispatch directly to the deputy on duty. There are no annual fees and would be able to get up to a 4-year warranty with the unit. It can notify by text, email and radio. There are 3 panic button set ups. One is a virtual panic button, which is on employee’s computer - the virtual panic button provides more options on what kind of threat there is and is $60 per button. Second is the physical button, which would be at an employee’s desk - it would not be able to describe the kind of threat and is $120 per button. The third option is a movable panic button the employee could keep with them as they move throughout the courthouse and it would describe to the deputy where the employee is in the courthouse and if there is a threat. That button Moore thought would be approximately $200 per button. Moore stated they are beta testing smart phone applications as well, but they are approximately two months away from launching the application. The touch screen unit to run the system would be $7,500 and could get up to 10 buttons for less than $10,000. Moore stated that a repeater would be $600 and would reach about 200 feet. Secondary Roads could be included in the security system being set up with virtual buttons or a remote module box that would be $3,000. Installation could be waived if they are in the location setting up other counties at the same time. County Attorney Dave Thompson asked what other counties they serviced and how long they have had the system. Moore stated that Clinton County has had their system for several years; they have also been contacted by another county who went with a different company and now is looking to change to SecureTech as they are not happy. Supervisor Frese stated they would discuss the options and get back to Moore.

County Attorney Dave Thompson discussed that Supervisor Hertle had asked him if would be able to give legal counsel and possibly represent the Benton County Solid Waste Commission for possible litigation. Thompson stated normally there is a 28E Agreement in place for these types of situations but there is not enough time to get one in place for the Commission’s meeting on May 21, 2015. The Commission is looking into getting an attorney on retainage. Thompson stated he thinks it will be a one-time visit if there is any more than that he will come back and discuss it further with the board. Moved by Wiley, seconded by Hertle to authorize County Attorney Dave Thompson to represent Benton County Solid Waste Commission for possible litigation and to be limited to one session. All members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Wiley, to approve the hire of Jeff Geiger as a part-time seasonal truck driver, effective May 11, 2015, at a wage of $11.25 per hour. All members voting aye thereon. Motion carried.

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

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Donald H. Frese, Chairman

ATTEST:

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Gina Edler, Benton County Deputy Auditor