Government : Benton County Supervisors Meeting Minutes, May 26

May 26, 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 19, 2015, with the change concerning the clarification on the placement of the Kiwanis wagon. All members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Wiley, to approve checks numbered 214631 through 214815, payroll numbered 138222 through 138239, and ACH deposits numbered 24086 through 24218, for payment. All members voting aye thereon. Motion carried.

Moved by Wiley, seconded by Hertle, to set June 9, 2015, at 9:15 a.m., as the time and date for accepting and acting on bids received for financing a general obligation loan for a new landfill cell. All members voting aye thereon. Motion carried.

The board spoke with Sheriff Forsyth concerning the purchase of a records management system for the sheriff’s department. Forsyth advised that there is only one brand of system that is all-inclusive and would work the best for his department. Forsyth asked about the county’s procurement procedures as the cost of the system exceeds $100,000, which is the limit set in the county’s procurement policy for purchases without competitive bid. The board advised that Forsyth should advertise for the system, stating that it is to be bid for the brand desired. This would allow other retailers that sell that brand the opportunity to bid. The board advised that Forsyth is not required to come before the board for approval of the purchase once the bids are received.

Marc Greenlee presented an application for a farm exemption submitted by Pork Palace, LLC. The applicant is involved in the production of food and fiber and owns 21 acres as required by the Benton County Agricultural Land Use Preservation Ordinance. The applicant is requesting the exemption for the purpose of building two new barns for animal feeding operations. Moved by Wiley, seconded by Hertle, to approve a farm exemption under the Benton County Agricultural Land Preservation Ordinance for the purposes of constructing two confined animal feeding facilities on a parcel described as being located in the NE1/4 of the NE1/4 of 25-84-12. All members voting aye thereon. Motion carried.

Greenlee also requested that the board take action approving two resolutions although it was not listed on the agenda. The resolutions are a formality to the action taken after the public hearings held on May 12, 2015, for animal feeding operations. Greenlee explained that the county only has fourteen days to waive their appeal on the issuance of the permits and that he just received notice from the Department of Natural Resources. Greenlee stated that the matters had been discussed and acted on during a public meeting on May 12, 2015, at which there were objections heard to the operations. Moved by Hertle, seconded by Wiley, that it be stated this matter had been publicly discussed at a meeting on May 12, 2015, and that due to the adoption of the resolution being time-sensitive, and that there were no objectors present or heard on May 12, 2015, that the board proceed with adoption of Resolution #15-27. Voting aye were Frese, Hertle, and Wiley. Nays none. Motion carried.

RESOLUTION NO. 15-27

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 Jeff and Darla Kromminga, dba Prairieview Hog Farm Inc. has been issued a draft permit for the construction of a confined animal feeding operation building in the NE1/4 of the NE1/4, Section 33, T83N, R12W, Kane 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 May 12, 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 PASSEDthis 26th day of May, 2015.

________________________________

Donald H. Frese, Chairman

_______________________________

Terry L. Hertle

_______________________________

Todd Wiley

ATTEST:

______________________

Benton County Auditor

Moved by Wiley, seconded by Hertle, that it be stated this matter had been publicly discussed at a meeting on May 12, 2015, and that due to the adoption of the resolution being time-sensitive, and that there were no objectors present or heard on May 12, 2015, that the board proceed with adoption of Resolution #15-28. Voting aye were Frese, Hertle, and Wiley. Nays none. Motion carried.

RESOLUTION NO. 15-28

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 Darren Rinderknecht Farms, dba Rinderknecht Pork Site has been issued a draft permit for the construction of confined animal feeding operation buildings in the NW1/4 and SW1/4 of the SW1/4, Section 33, T84N, R10W, Eden 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 Iowa Code Section 459 and Iowa DNR rules and recommended approval of said application on May 12, 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 PASSEDthis 26th day of May, 2015.

________________________________

Donald H. Frese, Chairman

_______________________________

Terry L. Hertle

_______________________________

Todd Wiley

ATTEST:

______________________

Benton County Auditor

The board discussed the request from the Iowa Drainage District Association, Buena Vista County, Calhoun County and Sac County for funding to assist with litigation in a lawsuit Des Moines Water Works. The request was for $5,000 a year for three years. Supervisor Frese was in favor of providing $1,000 a year for three years. Supervisor Hertle was not in support of providing funding at this time. Hertle stated that the county should take a “wait-and-see” approach. Hertle stated that the legislature, either on the state or federal level, may ultimately pass legislation to address these issues. Supervisor Wiley stated that the ruling in the case will have a state-wide impact including impacting Benton County and the agricultural community and that the county should assist with the cost of the litigation, but also agreed that the county could wait. No action was taken on the request at this time.

Moved by Hertle, seconded by Wiley, to appoint William Selken as a Kane Township Trustee to fill a vacancy. All members voting aye thereon. Motion carried. The township trustees had not appointed within the time frame set forth by law and therefore the board was required to appoint.

Moved by Hertle, seconded by Wiley, to adopt Resolution #15-29, Amending the 28E Agreement with the Mental Health/Disability Services of the East Central Region. Voting aye were Frese, Hertle, and Wiley. Nays none. Motion carried.

Resolution #15-29

HIPAA CONFIDENTIALITY ADDENDUM TO 28E AGREEMENT

Come now the Benton County Board of Supervisors (hereinafter the “County Board”) and the Governing Board of the Mental/Health/Disability Services of the East Central Region of Iowa (hereinafter “the Governing Board”) and agree to the terms and conditions of this Addendum as follows, which addendum shall be incorporated by reference into the 28E Agreement between the parties:

1. Benton County is a member county of and the County Board is a signatory to a 28E Agreement for Mental Health/Disability Services of the East Central Region (MH/DS-ECR) (the “Region”).

2. The purpose of the 28E Agreement is to establish an entity to provide local access to mental health and disability services for adults and to engage in any other related activity in which an Iowa 28E organization may lawfully be engaged.

3. Under the 28E agreement, the Chief Executive Officer, the Coordinators of Disability Services and all support staff providing services to the Region will remain employees of the individual counties.

4.. Subject to statutory or regulatory amendments, and with respect to their activities described in this Agreement, each party acknowledges and agrees that it is a "covered entity" under 45 C.F.R. Parts 160 and 164 ("HIP AA"). As such, each party shall comply with all HIPAA and state law requirements relating to the privacy and security of Protected Health information (PHI) as defined by HIPAA.

5. County agrees that County and its employees and subcontractors shall adhere to the Region’s HIPAA privacy and security policies when providing services to the Region as set out in the 28E Agreement between the Region and the County.

6. County agrees that a violation of any federal or state requirement concerning the privacy or security of PHI and/or any privacy or security policy of the Region by any County employee shall result in an appropriate sanction by County against the employee consistent with County’s human resources policies and procedures [and applicable collective bargaining agreements].

7. County shall require all County employees and subcontractors providing services under this Agreement to sign a confidentiality agreement in the form attached hereto as Exhibit 1, incorporated herein.

Benton County Board of Supervisors Governing Board of the

Mental Health/Disability Services

Of the East Central Region of Iowa

By: ________________ By __________________

Chairperson Chairperson

Attest: _________________

Auditor

Signed the 26th day of May, 2015 Signed the ____ day of ______, 2015

Exhibit 1

CONFIDENTIALITY STATEMENT

FOR EMPLOYEES WITH ACCESS TO

PROTECTED HEALTH INFORMATION

The undersigned, an employee [subcontractor] of Benton County agrees as follows:

1. As part of my employment duties I have been assigned to perform services for the MH/DS of the East Central Iowa Region (the Region).

2. In performing services for the Region, I agree to comply with all state and federal requirements concerning the privacy and security of Protected Health Information and with the Region’s privacy and security policies.

3. I understand that in the event that I violate any state or federal requirement concerning the privacy and security of the Region’s PHI or the Region’s privacy and security policies, I will be subject to discipline by my employer, Benton County, consistent with County’s human resources policies and procedures [and applicable collective bargaining agreements].

_______________________________________ _____________

Signature Date

_______________________________________

Job Title

Moved by Hertle, seconded by Wiley, to adopt Resolution #15-30 Amending the Electronic Clearinghouse 28E Agreement. Voting aye were Frese, Hertle, and Wiley. Nays none. Motion carried.

Resolution #15-30

To Amend and Restate the Electronic Transactions Clearinghouse

28E Agreement

WHEREAS, Section 10 of theElectronic Transactions Clearinghouse 28E Agreement provides for amendment of the 28E Agreement by resolution of the ISAC Board of Directors, if the amendment is then submitted to a vote of the individual members counties; and

WHEREAS, the 28E Agreement should be amended to provide more flexibility and reflect the broader activities of the 28E entity, including: changing the entity’s name to Iowa Counties Technology Services; removing the cap on the number of members of the Advisory Committee; allowing for a fee schedule; and allowing the option to have MHDS Regions and other non-county entities as members.

NOW, THEREFORE, BE IT RESOLVED by the Benton County Board of Supervisors that the Amended and Restated Electronic Transactions Clearinghouse 28E Agreement is hereby approved.

Approved by the Benton County Board of Supervisors on May 26, 2015.

_____________________________________

Board Chair

_______________________________

County Auditor

Moved by Hertle, seconded by Wiley, to approve the hire of Caitlin Jane Schoenberger as a part-time communication specialist/correctional officer, effective May 29, 2015, at a training wage of $13.77 per hour due to her experience. All members voting aye thereon. Motion carried.

The county attorney as well as various county employees met with the board regarding the employee handbook. The board of supervisors had requested that the handbook be reviewed for legal compliance in September 2014 and the county attorney had offered to form a committee to review the handbook. The county attorney presented a document containing copies of the following policies from other counties: disclaimer, job postings, nepotism, inclement weather/emergency closings, donated leave, military leave, and Family Medical Leave (FMLA). The document also contained the early retirement incentive. Thompson recommended that a professional be hired to draft a new handbook and recommended Renee Von Bokern. The board discussed the document and asked those present if they had any other input. Committee members commented that other policies had been discussed that were not included in the document. Thompson stated that he did not include every item discussed. The auditor questioned if additional policies would be written, including but not limited to, computer usage, privacy, harassment, and also questioned if GINA Safe Harbor language needed to be included. The county attorney stated that it was his intention that a professional would be able to address those policies. The county attorney recommended that further review of the handbook be done with a mandate from the board that all departments participate. The auditor stated that Von Bokern had drafted several policies currently in the county’s handbook but that there were also other companies that provided that service. Supervisor Wiley offered to contact Von Bokern for more information regarding her services and report to the board about what he learns during the next board meeting. The board asked that the matter be placed on the next agenda for further discussion.

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

____________________________________

Donald H. Frese, Chairman

ATTEST:

_____________________________________

Jill Marlow, Benton County Auditor