Government : Supervisor Minutes 8/12/10

August 12, 2010

The Benton County Board of Supervisors met in regular adjourned session with Supervisors Buch and Vermedahl present. Sanders was absent. Vice-Chairman Buch called the meeting to order at 9:00 a.m.

Moved by Vermedahl, seconded by Buch, to approve the minutes of July 27, 2010, and August 4, 2010. Both members voting aye thereon. Motion carried.

Moved by Vermedahl, seconded by Buch, to approve checks numbered 123180 through 123470, and ACH deposits numbered 8996 through 9105, for payment. Both members voting aye thereon. Motion carried.

Marc Greenlee, Land Use Administrator, presented an application for a farm exemption to the county’s land preservation ordinance requested by Christopher Lacey. The applicant currently owns 80 acres with corn/soybean crop rotation and alfalfa. The applicant would like to build a personal residence in the northeast corner of the property. Moved by Vermedahl, seconded by Buch, to approve a farm exemption as provided in the Benton County Agricultural Land Use Preservation Ordinance requested by Christopher Lacey to construct a personal residence on a parcel located in the E1/2 of the SE1/2 of 2-84-10, as Lacey is involved in a farming activity. Both members voting aye thereon. Motion carried.

Moved by Vermedahl, seconded by Buch, to adopt Resolution #10-41, ABATEMENT OF TAX. Voting aye were Buch and Vermedahl. Nays none. Motion carried.

Moved by Vermedahl, seconded by Buch, to adopt Resolution #10-42, A RESOLUTION TO RECOGNIZE THE EAST CENTRAL IOWA HOUSING TRUST FUND. Voting aye were Vermedahl and Buch. Motion carried.

Marc Greenlee, Land Use Administrator, and Surveyor Stephen Scott, met with the board regarding a waiver to the county’s subdivision ordinance. The waiver is being requested on Parcels “F”, “G”, and “H” in the SW ¼ of the SW ¼ of 36-86-9. The parcels total .25 acres and will allow for property boundary lines to be corrected to the place where property owners thought the property line was located. Moved by Vermedahl, seconded by Buch, to adopt Resolution #10-43, WAIVER OF THE BENTON COUNTY SUBDIVISION ORDINANCE. Voting aye were Buch and Vermedahl. Motion carried.

The engineer reported that the landfill balance on July 31, 2010, in the Blairstown bank was $12,968.71.

The engineer spoke about the notice of violations received by the Iowa Department of Natural Resources for violations at the landfill. The IDNR is imposing a $10,000 fine for the following violations: survey controls and monuments; cover material; and leachate seeps. The engineer stated that he contacted the DNR about the supposed violations; however they are unwilling to reconsider. Unless the county pays the fine, then the matter will be taken to court. The board advised that the matter will be discussed with the county attorney.

Jerry Petermeier updated the board on the status of the law enforcement construction project. Petermeier also presented two quotes for directional boring and materials to place a cable underground from the new law enforcement center to the Kirkwood building. Two quotes were received as follows: Terrell, Inc. - $5,460 and West Union Trenching –$4,987.50. Moved by Buch, seconded by Vermedahl, to award the quote for direction boring to West Union Trenching at a cost not to exceed $4,987.50. Both members voting aye thereon. Motion carried.

Moved by Vermedahl, seconded by Buch, to enter into closed session pursuant to Iowa Code 21.5 (1)c. Both members voting aye thereon. Motion carried at 10:40 a.m.

Moved by Vermedahl, seconded by Buch, to return to open session. Both members voting aye thereon. Motion carried at 11:20 a.m.

Moved by Vermedahl, seconded by Buch, to direct the county attorney to draft a letter regarding the matters discussed for signature by the board of supervisors. Both members voting aye thereon. Motion carried.

The county attorney met with the Board to discuss the current vacation schedule and the potential hire of an assistant county attorney. The county attorney received a written request from the potential hire requesting that the matter be discussed in closed session. Moved by Vermedahl, seconded by Buch, to enter into closed session pursuant to Iowa Code 21.5(1)i at the request of the applicant. Both members voting aye thereon. Motion carried at 11:35 a.m.

Moved by Vermedahl, seconded by Buch, to return to open session at 12:10 p.m.

No action was taken on the closed session.

There was no action taken on early retirement incentives, as Supervisor Sanders was absent from today’s meeting. The matter was placed on the August 24, 2010, agenda – the next meeting when the full board will be present.

Jill Marlow, auditor, spoke to the board about the draw down process on the $750,000 loan for the law enforcement center. The auditor asked what type of procedures the board wanted to establish or if she was to make the determination as the invoices were presented for payment and the available revenue sources. Marlow stated that currently she has been able to request advance funds from FEMA to cover the majority of the law enforcement building expenses; however the geothermal portion of the project is the county’s expense and is currently at approximately $175,000.00. The board advised that the auditor should request the funds as needed.

Moved by Buch, seconded by Vermedahl, to terminate the farm lease between Benton County and Robert McNeill. The lease is for three years and is in the last year. The termination is effective at the end of the three-year period – March 1, 2011. Both members voting aye thereon. The auditor is directed to send notice of the termination to McNeill.

Jill Marlow, auditor, reported that she had surveyed the township officials regarding the placement of a question on the November 2010 ballot changing them from being elected to being appointed. Marlow reported that 54 responses had been received with 46 in favor of being elected and 8 in favor of appointment. The board stated that the question would not be placed on the ballot based upon the survey results.

Moved by Vermedahl, seconded by Buch, to adjourn. Both members voting aye thereon. Motion carried.

_______________________________

Ron Buch, Vice-Chairman

ATTEST: _________________________________

Jill Marlow, Auditor