Government : Benton County Board of Supervisors minutes 3/8/11

March 8, 2011

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

Moved by Vermedahl, seconded by Sanders, to approve the minutes of March 1, 2011. All members voting aye thereon. Motion carried.

Moved by Vermedahl, seconded by Sanders, to approve the checks numbered 127446 through 127712, and ACH deposits numbered 10623 through 10728, for payment. All members voting aye thereon. Motion carried.

Moved by Vermedahl, seconded by Sanders, to acknowledge the receipt and filing of the annual manure management plan submitted by Pig Palace, LLC for the facility located at 5192 30th Avenue, Walker, Iowa, and for McKenna Farms, Inc. for the facility located at 3145 170th Street, Dysart, Iowa (this facility is located in Tama County but apply to ground located in Benton County). All members voting aye thereon. Motion carried.

Moved by Vermedahl, seconded by Sanders, to approve thirty-three hours of vacation carry-over requested by Gina Edler. Said carry-over is to be used no later than December 31, 2011. All members voting aye thereon. Motion carried.

The time of 9:15 a.m. having arrived, and this being the time and date set for a public hearing on a land use change requested by Patricia Poel, the board took up the matter for consideration. Marc Greenlee presented that technical information in accordance with the Benton County Agricultural Land Use Preservation Ordinance. The request is to change the classification to a single residential use. Greenlee reported that there may be a need for a non-conventional septic system. The board cautioned Poel about road dust, agricultural activity including livestock operations in the area, and the smells associated with livestock. Moved by Vermedahl, seconded by Sanders, to approve the request for a land use change from agricultural to non-agricultural on approximately two acres for a residential purpose on a parcel generally described as being a Part of the NW1/4 of the SE1/4 of Section 31-86-9. All members voting aye thereon. Motion carried

Stephanie Black, a member of the Benton County Conservation Board, met with the supervisors regarding payment of the hotel bills for conservation employees. Black stated that conservation employees attended a conference in Cedar Falls, driving county vehicles, and staying in hotels there. The county’s policy provides that employees who stay in hotels in adjacent counties would only be reimbursed for the amount it would cost the county for the employee to drive back and forth. Black stated that Conservation Executive Director Heber had told the board he was not aware of the policy restricting hotel stays in adjacent counties. It was noted; however the same policy provides for a per diem reimbursement rate, which the conservation department has been submitting claims for reimbursement under. The auditor stated that it was her understanding that the conservation board had the authority to waive the policy and no longer follow it; however if they did not intend to follow the county’s policies, then the conservation board would have to develop their own policies that complied with state and federal regulations. The county attorney agreed that the conservation board had the authority to adopt and/or waive policies. The auditor stated that in order for her office to process the bills for payment she would need a copy of formal action taken by the conservation board addressing the policy issue by either waiving it entirely or waiving on a one-time only basis. Black stated she would report back to the other board members but added that the employees were required to stay overnight.

The time of 10:00 a.m. having arrived, and this being the time and date set for a public hearing on the FY2012 county budget, the board took up the matter for consideration. Pursuant to Iowa law, the chair asked for board action regarding the compensation board’s recommendation for elected officials. Moved by Vermedahl, seconded by Buch, that the recommendations of the compensation board be approved. Sanders stated that he would prefer to reduce the recommendation by 20%. Vote: Buch and Vermedahl voting aye thereon. Sanders voting nay. Motion carried.

Moved by Vermedahl, seconded by Sanders, to adopt Resolution #11-13, ADOPTION OF THE FY12 COUNTY BUDGET. All members voting aye thereon. Motion carried.

The time of 10:30 a.m., having arrived, and this being the time and date for a public hearing on amending the FY11 county budget, the board took up the matter for consideration. Moved by Vermedahl, seconded by Sanders, to adopt Resolution #11-14, AMENDING FY11 Benton County Budget. Voting aye were Sanders, Buch, and Vermedahl. Nays none. Motion carried.

Mary Halstead, Transportation Director, met with the board and requested an explanation as to the her FY12 salary. Halstead stated that she is a department head in charge of over 28,000 rides per year, that she has 17 years of experience as director of transportation and believed that she should be compensated as such. Halstead stated she has a lot of coordination services required of her, as well as monitoring road conditions. Halstead spoke about various situations that she must consider, but stressed that she always had to consider the safety of the drivers and passengers. Halstead reviewed some of her job responsibilities with the board and requested that her FY12 salary be reconsidered and increased to $47,000.00. Halstead added that she has a thankless job. Dana Burmeister, an employee of the transportation department, echoed that Halstead has a lot of responsibility. Halstead commented that working with the public can be difficult at times. The county attorney replied that he would hope that the county’s official policy is that county employees enjoy working with the public. Vermedahl stated that he felt that the additional compensation was to reward Halstead for a good job, but added that the board should review her position and salary in the future. Halstead reiterated that she is a department head with employees and that she has to deal with hiring and firing, and she has to drive when necessary. Halstead stressed that she has lots of duties and that she is not being compensated fairly for all of her responsibilities. Sanders stated that the salary approved last week was above the 2.5% increase given to other employees and that it may not be happening as quickly as Halstead would like, but the wage approved last week was a catch-up in her salary. Burmeister stated that Sanders was not being fair. Halstead questioned Supervisor Buch as to his position on the matter. Buch stated that he cannot make a motion as chairman, but that Halstead had another full-time employee added to her staff last fall to assist her with the workload. Buch stated that he believes Halstead does a tremendous job. Steve Speidel questioned what Halstead’s pay was in comparison to other counties. Halstead replied that it was difficult to compare due varied responsibilities and also some counties are in regional transportation systems. Treasurer Kelly Geater questioned the board as to how they came to their decision as to which employees got larger increases than others. Buch repeated that Halstead had received another full-time employee in her department and stated that the treasurer’s office is still staffed at the same level and had not added any additional duties. Geater stated that in 2002 she took on driver’s license. Buch stated that the land use administrator received additional compensation but has assumed additional duties relative to flood plain enforcement. Buch stated that he is having a difficult time with the implementation of salary ranges because department heads will want to hire at the top of the salary range. Geater stated that she realizes the board is trying to meet her half way, but that her employee, Nancy Jorgenson, was hired at the bottom of the range, has never been raised throughout the range, and will never get to the top. Geater stated that she spent two days gathering wage information from other counties, as well as the private sector when she provided a salary proposal for her employees and believed that all of her efforts were for nothing. Vermedahl stated that he disagreed with Geater and that Jorgenson was given a $1700 dollar raise versus the $900 dollar raise given to the other clerks in her office. Vermedahl stated that he believed that the steps were being taken to bring Jorgenson up in salary. Vermedahl stated that he considered the length of service of the employees in the treasurer’s office when making his recommendation. Jorgenson stated that she has been in her position longer than other employees in the courthouse who were hired after her and who are making more. Vermedahl stated that he did not compare positions with other offices but only within their respective offices. Burmeister stated that $500 more than the 2.5% across-the-board was not adequate for Halstead. Vermedahl explained his thought process when making recommendation for salary increases and that his decisions were not personal. Mary Williams, Social Services Director, stated that the supervisors had created a lot of hard feelings among their staff. Williams stated that she thought it was only going to be an across-the-board increase in FY12 and that the board was not going to give individuals different salary increases. Williams stated that the average for her position is $57,000 and she is only making $48,000. Williams stated that the board’s action this year did not place a value on the employee and added that the least the board could do is ask the departments to come in and talk about salaries. Williams stated that a 3% across-the-board increase would have been appropriate. Vermedahl stated that when across-the-board increases are given the board is criticized that lower paid employees are not getting as big a raise. Halstead responded that some employees received $3000 dollar increases. Sanders stated that the board is going to continue to work on salary ranges, but that he was taken aback that the employees believe the only gauge of the employees’ worth is based on their wage. Sanders stated that the board of supervisors supports the staff and believes that they are doing good jobs. Sanders continued to state that the employees do a great job and he thanked them for their work. Sanders stated that would not make a motion today on Halstead’s request. Burmeister questioned what if the budget had adequate funds to pay for the raise. Geater responded that the board regardless of the budget sets the compensation, but commented that some new hires are paid more than current employees. Thompson questioned why the argument in the boardroom was always based on attacking someone else. Supervisor Buch stated that the board was moving on with other agenda items.

Transportation Director Mary Halstead requested that Dana Burmeister be promoted to Assistant Transportation Director. Halstead presented a job description for the position for review by the board. Halstead reiterated that she was not paid adequately. Lexa Speidel stated that she agreed that department heads had a lot of responsibility and that be taken into consideration. Halstead questioned if there was any negotiation in her wage. The board did not respond.

Moved by Sanders, seconded by Vermedahl, to approve the change in job position for Dana Burmeister to Assistant Transportation Director, effective immediately. All members voting aye thereon. Motion carried.

Geater asked about having the ceiling tile replaced in her office for the 2 large rooms as well as covering the air conditioning lines in her office. The auditor stated that a number of years ago, she sought quotes for covering the air conditioning lines in the treasurer’s office, recorder’s office and juvenile probation office, but that few people were interested in the project and that it was cost prohibitive at that time .The auditor stated that she would get a quote for covering the lines and ask the maintenance director to give a recommendation as to the ceiling tiles. It was questioned whether the ceiling tiles could be replaced individually or if the entire ceiling will need replaced. Recorder Lexa Speidel asked if the air conditioning lines could be covered in her office as well.

Moved by Sanders, seconded by Vermedahl, to adopt Resolution #11-15, AMENDING RESOLUTION 11-11 HIRE OF GABE MCGOWAN. Voting aye were Buch, Vermedahl, and Sanders. Nays none. Motion carried.

Moved by Vermedahl, seconded by Sanders, to enter into the Agreement to Provide Professional Consulting Services with Cost Advisory Services, Inc. for preparation of cost allocations plans for FY11, FY12, and FY13. All members voting aye thereon. Motion carried.

Jerry Petermeier gave an update on the construction of the law enforcement center. Petermeier and Todd McNall of Design Dynamics also reviewed proposed change orders. McNall requested that the board approve Change Order #11, which consisted of the following change order requests: The change order would increase the contract with Kleiman by $91,179.85 and include the following:

COR #11 – enclose generator +65,679.55

COR #19 – canopy roof drain +2,854.79

COR #21 REVISED – add roof receptacles +9,042.31

COR #22 – Lime backfill +570.94

COR #23 – duct rerouting +2,395.24

COR #26A – increase depth of concrete on sallyport +3389.94

COR #27A – 2nd revision – add card reader +1,582.30

COR #29 – Add door, frame & hardware at dryer chase +1,722.05

COR #30 – Add 2” of insulation to generator roof +1,211.95

COR #31 – Change door hardware +1,997.58

COR #32 – provide 4” conduit between Quest pedestal and pit/vault +733.20

Moved by Vermedahl, seconded by Sanders, to approve Change Order #11 in the amount of $91,179.85. Said change order includes change order requests (COR) numbers 11, 19, 21 (revised), 22, 23, 26A, 27A, 29, 30, 31, and 32, as presented above. All members voting aye thereon. Motion carried.

The board spoke with Design Dynamics about issues with the plans and specifications for the law enforcement center. McNall asked if the matter could be placed on the board’s agenda in two weeks when other personnel could be present. The auditor asked how to handle the bill she currently has. McNall stated that generally these matters are handled as a claim against their insurance and not through withholding payment to Design Dynamics. Moved by Sanders, seconded by Vermedahl, to direct the auditor to process the current invoice to Design Dynamics. All members voting aye thereon. Motion carried.

Sheriff Forsyth met with the board to review quotes received for radio console cabinetry. Forsyth stated that a Request For Quotations was published with the following quotes being submitted:

Evans - $50,498.60

Viking - $35,179.50

Watson - $35,375.50

Xybix - $39,018.53

Forsyth reviewed the bids in detail. The equipment quoted by Evans most closely matched the type of material in the cabinetry that was lost to the 2008 flood. The proposals received from Viking and Watson did meet the specifications requested. The equipment proposed by Xybix also met the specifications. Forsyth stated that in-depth comparison of the Evans cabinetry and the Xybix cabinetry resulted in a recommendation by him for the Evans cabinetry. Moved by Sanders, seconded by Vermedahl, that the radio console cabinetry be purchased from Evans at a cost of $50,498.60 for two units. The quote is being awarded to Evans due to the equipment being the closest to specifications requested, being the most similar to the equipment lost in the flooding and the superior warranty. All members voting aye thereon. Motion carried.

Sheriff Forsyth also spoke to the board about the office manager position in his office. Forsyth had spoken to the board previously and was directed to return with a wage scale for the position. Forsyth stated that he had researched salaries for similar positions in other counties and found that many counties pay the office manager up to 80% of the sheriff’s salary. However, Forsyth stated that he considered other wages being paid in the county and submitted a proposed salary range of $35,875 to $48,790. The sheriff stated that he had concerns with salary ranges as an employee would be eligible for an automatic step increase rather than merit increases. Supervisor Sanders clarified that the board of supervisors did not want automatic step increases but rather a range that would be adjusted annually with the cost-of-living increases and the employee would fall within that range based on experience and merit. David Thompson voiced concern that the salary range being proposed for the position would be much higher than what the employee who left was making. Sheriff Forsyth stated that the position of office manager was changed, additional duties added, and it would be a non-union position. Thompson stated that the position’s salary being tied to the sheriff’s salary would be a mistake based on other salary issues the board had been dealing with this year. Thompson stated he thought the ceiling would be more appropriate if set at $45,000 for the position. The sheriff stated that the amount did not have to be tied to the sheriff’s salary. Forsyth added that the prior employee was in the union and that wage was established through labor negotiations. Sanders stated that a first deputy in other offices must be able to step in and do the job of the elected official in their absence. Supervisor Vermedahl stated that he wanted additional time to consider the salary range presented as well as the job description. Thompson reiterated that the salary range was quite a jump when compared to what was paid to the prior employee. Sanders stated that the board could approve a starting salary without approving the salary scale. Sheriff Forsyth stated that he needed to fill the position and that the delay was beginning to be problematic. Moved by Sanders, seconded by Buch, to authorize the hire of an office manager in the sheriff’s department at a salary of up to $43,050, dependent upon experience and qualifications. Said position is an exempt position under Fair Labors Standard Act. All members voting aye thereon. Motion carried.

Moved by Vermedahl, seconded by Sanders, to approve a utility permit requested by Poweshiek Water Association to place utility lines in the county’s right-of-way in St. Clair Township under 79th Street. All members voting aye thereon. Motion carried.

Moved by Sanders, seconded by Vermedahl, approve a utility permit requested by Atkins Telephone Company to place utility lines in the county’s right-of-way in Fremont and Florence Townships, beginning ½ mile north of 72nd Street, then east along 29th Avenue to the county line then south to 74th Street. All members voting aye thereon. Motion carried.

Moved by Sanders, seconded by Vermedahl, to direct the chair to sign the FY12 labor agreement between Benton County and the PPME representing secondary roads. All members voting aye thereon. Motion carried.

The engineer reported that the balance in the landfill bank account in Blairstown on February 28, 2011, was $56,368.41.

Moved by Vermedahl, seconded by Sanders, to authorize the engineer to advertise for part-time drivers for seasonal weed control. All members voting aye thereon. Motion carried.

The board discussed FY12 wages for secondary roads employees. The Engineer Myron Parizek had put a 3% increase in his budget for non-union employees. Parizek stated that current wages for engineers across the state ranged from $64,000 to over six figure salaries in urban areas and combined areas. The engineer stated that a salary average is $75,000 to $100,000. Parizek stated that his office manager was started at $32,000 when she assumed the additional duties of the previous office manager. The hiring resolution for the office manager reflected an additional $1000 in salary in December of 2011, and that there would be no wage increase in July 2011 for the office manager. Parizek stated that Randy Sherwood and Dan Higdon were non-union positions in the shop and that maintenance superintendents across the state make between $19.00 and $30.00 per hour, while shop foremen was paid between $19 and $25 per hour. The engineer technician range across the state ranges from $17 to $27 dollars and is currently making $17.94 per hour. The weed eradication applicator had no wage range for comparable positions in other counties, but Parizek would estimate that the top end would be in the $25.00 per hour range. A request for $15.30 per hour was made for the landfill operator. Moved by Vermedahl, seconded by Sanders, to grant a 2.5% across-the-board increase for non-union personnel in the secondary roads department and landfill department for FY12, with the exception of the engineer and his office manager. The office manager’s FY12 salary is pursuant to the hiring resolution wherein any salary increase would be January 1, 2012. The engineer’s FY12 salary is still under consideration. All members voting aye thereon. Motion carried.

The board met with Marc Greenlee about reconvening the zoning commission. The board asked that Greenlee review the history of the county’s current regulations with the zoning commission and then address concerns that have been expressed, but specifically water and sewer regulations. Greenlee stated redefinitions would need to be made in the subdivision ordinance as well, and cited fencing requirements as an example. Steve Speidel offered suggestions and comments that could be considered as well. Supervisor Vermedahl stated that the direction of the LESA program should also be determined. Greenlee was directed to prepare an agenda for the meeting to be held on March 22, 2011.

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

__________________________________

Ronald R. Buch, Chairman

ATTEST: ___________________________________

Jill Marlow, Benton County Auditor