Government : Board of Supervisor Minutes 8/31/10, 9/2/10

August 31, 2010

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

Moved by Buch, seconded by Vermedahl, to approve the project note for $750,000.00 and authorize the chair and auditor to sign the same. The project note is to cover expenses related to the construction of the law enforcement center. All members voting aye thereon. Motion carried.

Moved by Vermedahl, seconded by Buch, to acknowledge the receipt and filing of the annual manure management plan submitted by SMT Pork, LLC for the facility located at 2850 65th St, Shellsburg, Iowa. All members voting aye thereon. Motion carried.

Moved by Vermedahl, seconded by Buch, to approve the minutes of August 24, 2010. All members voting aye thereon. Motion carried.

Mary Halstead and Dana Burmeister representing the transportation department met with the board regarding the addition of a full-time position in her office. Halstead stated that she would like to add another full-time employee. Supervisor Sanders stated that he understood there is a need for another full-time employee. Supervisor Buch stated that he had asked if a full-time employee would reduce the amount of part-time employees’ hours and was told that decisions would need to be made. Buch stated he understood the staffing need IF the county continues to operate the transportation system at the level it is currently being operated. Halstead stated that decisions would have to be made as to the service level if funding is not available. Halstead stated that Burmeister is taking on more and more office duties, but more help is needed in both the office and driving. Buch stated that part-time employees are not always available to work when needed. Vermedahl stated that it was his understanding that part-time employee hours would be reduced in order to accommodate the additional cost for a full-time employee. Vermedahl stated that the budget for this fiscal year is set. Vermedahl also stated that the position would have to be advertised and that the person Halstead would like to hire may not be hired due to veterans’ preference laws.

Moved by Buch, seconded by Vermedahl, to increase the number of full-time employees in transportation to three. Supervisor Sanders stated that he was opposed as no determination had been made as to the board’s intention on the level of service for the department as well as whether budget dollars should be directed to transportation or elsewhere. Vermedahl stated he wanted it clear that no budget amendment would be granted. Voting aye were Vermedahl and Buch. Sanders nay. Motion carried.

Mike Hart of Hart Engineering and John Ferring of Timber Ridge Mobile Home Court met with the board to request that Benton County sponsor a Community Development Betterment Grant for a public water system at Timber Ridge Mobile Home Court. Hart explained that the Department of Natural Resources believes that a public water system should be installed for the area. There is currently a public sewer system that connects to the City of Shellsburg. Hart stated that there would be no cost to the county. Jill Marlow, county auditor, stated that there would be a cost for administration. Hart stated that Ferring would enter into any administration agreement for the grant with either ECIGOG or Hart Engineering and pay for the same. Marlow questioned how the agreements would protect the county should an error be made in the administration and the grant had to be refunded, adding it would be the county who would be responsible for the repayment. Supervisor Vermedahl stated that hold harmless agreements would have to be entered into with the county to assure that the county is protected. The board indicated that they would sponsor a grant application with the understanding that administration agreements would have to be determined if the grant is awarded.

Ranae Becker of Benton Development Group met with the Board requesting that the county enter into a Memorandum of Understanding (Non-Binding Term Sheet Proposed Operating Agreement between Fiberight of Blairstown – Operating LLC and Benton County, Iowa. Becker stated that she was before the board on behalf of Fiberight. Becker asked if there were questions or concerns regarding the proposed agreement. Becker stated that Fiberight owns the ground and is doing due diligence with the Iowa Power Fund as well as getting the necessary agreements in place. Supervisor Vermedahl expressed concern over language in the proposed agreement requiring the solid waste be diverted to the facility instead of the landfill. Vermedahl stated that the county does not control the haulers. Vermedahl also stated the had concern over the agreement allowing solid waste to be brought in from Cedar Rapids. Vermedahl stated that a bond would have to be provided that would cover clean up should the facility cease as well as odor control also would have to be addressed. Vermedahl stated that he is interesting in finding an alternative to burying waste but is also interested in protecting the area, i.e. pollution and environmental, as well as the county’s liability. Vermedahl stated that the county doesn’t have enough information about the operations. The auditor questioned the language regarding a tipping fee and asked if Fiberight expected the county to pay a tonnage fee to them as well as maintain our own landfill and asked how the county could afford to do that. Becker advised she did not know what the expectation was. The auditor also questioned the confidentiality clause stating that Benton County is subject to open meetings and public records law – Fiberight requested that the entire agreement be kept confidential. Marc Greenlee questioned if the facility expected to move onto Parcel B located south of the existing facility that a land use change would be required. Engineer Myron Parizek stated that Benton County should not have any interest in Fiberight operating the county’s landfill; and that discussion need to be held on the pricing fee and daily tonnage amounts.

Jerry Petermeier, Project Coordinator for the law enforcement center construction project, met with the board to update them on the project. Petermeier stated that the grant for the emergency operations center has been awarded and the county will need to take action awarding that part of the project to Kleiman. Petermeier stated that the architect doesn’t seem to be too concerned about issues surrounding the muffin grinder.

Moved by Vermedahl, seconded by Buch, to adopt Resolution #10-54, ABATEMENT OF TAX. Voting aye were Sanders, Buch, and Vermedahl. Nays none. Motion carried.

The board spoke about the final draft of the early retirement incentive. The county attorney presented the draft for consideration. Moved by Vermedahl, seconded by Buch, to adopt Resolution #10-55, BENTON COUNTY EARLY RETIREMENT INCENTIVE. Voting aye were Buch & Vermedahl. Voting nay was Sanders.

Moved by Buch, seconded by Vermedahl, to enter into closed session pursuant to Iowa Code 21.5(1)c. Voting aye were Sanders, Buch, and Vermedahl. Nays none. Motion carried at 11:55 a.m.

Moved by Buch, seconded by Vermedahl, to return to open session. All members voting aye thereon. Motion carried at 12:35 p.m.

Moved by Vermedahl, seconded by Buch, to direct the engineer to obtain the necessary information and report it to the board of supervisors at the next scheduled meeting and to authorize the county attorney to negotiate further to resolve the matter. All members voting aye thereon. Motion carried.

Moved by Buch, seconded by Vermedahl, to go into closed session pursuant to Iowa code 21.5(1)c. All members voting aye thereon. Motion carried at 12:35 p.m.

Moved by Vermedahl, seconded by Buch, to return to open session. All members voting aye thereon. Motion carried at 1:00 p.m.

Moved by Buch, seconded by Vermedahl, to authorize payment of all accrued and unused vacation to Tony Janney. All members voting aye thereon. Motion carried.

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

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Jason Sanders, Chairman

ATTEST: ___________________________________

Jill Marlow, Benton County Auditor

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September 2, 2010

The Benton County Board of Supervisors met in a special adjourned session with Supervisors Buch, and Vermedahl present, Supervisor Sanders via telephone. Chairman Sanders called the meeting to order at 11:00 a.m.

Moved by Vermedahl, seconded by Buch, to approve Class B Liquor License for Blairstown Sauerkraut Days Beer Tent. All members voting aye thereon. Motion carried.

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

__________________________________

Jason Sanders, Chairman

ATTEST: ___________________________________

Gina Edler, Clerk

Jill Marlow, Benton County Auditor