Government : BOARD OF SUPERVISORS MEETING Minutes 9/20/11

September 20, 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, seconded by, to approve the minutes of September 13, 2011 and September 16, 2011. All members voting aye thereon. Motion carried.

Lexa Speidel, Benton County Recorder, requested that the Board replace the carpet in her office, as well as the window shades in her office. Speidel stated that the carpet in the back room is bubbling and in need of replacement. Speidel also asked that the carpet in the front office be replaced so that both rooms would match. Supervisor Vermedahl requested that quotes be received for replacing the carpet in both rooms, as well as just replacing the carpet in the back room. The board also asked for quotes for replacement of the two shades in the front office.

Kyle Helland met with the board to request the board approve the final plat for John Lee Addition. Helland explained that he had been before the board earlier to request a variance to certain requirements of the county’s subdivision ordinance, which was approved. Moved by Sanders, seconded by Vermedahl, to adopt Resolution #11-65,

Ron Woeste of Linn Coop Oil Company (the Coop) met with the board regarding the Newhall facility. Woeste explained that the Coop is 100% owned by its members. Woeste stated that the Newhall facility needs to expand its existing site. The growth in the farming business has created the need for the expansion would require five acres for a new fertilizer building, parking, and green space. Woeste explained that he has spoken with Marc Greenlee, Benton County’s land use administrator, about the need for a land use change. Greenlee explained that the corn suitability rating is in the 90’s on the property, which is currently being cropped, and that Benton County’s land use regulations protects high productivity farm ground. Supervisor Buch commented that this is an existing business and that the county would be limiting the expansion of a current business if the Coop is not given a land use change. Buch stated that he would not be in favor of the change in land use if it was for a new business

Kevin Robinson, owner of the property under discussion, stated that there is an old railroad bed running through the property, which is not good production ground. Robinson added that when the CSR was determined – the railroad bed was not separated out.

Greenlee explained that the county’s land use ordinance states that if there is an enlargement of a pre-existing use/parcel county approval is needed. Greenlee stated that the property is a Dinsdale soil with 90- 95 CSR, adding that he is required to use the existing soil survey. Greenlee stated that the county’s comprehensive plan sets out that land with a CSR over 70 is considered to be productive and to be used for an agricultural use. Greenlee commented that the Coop is an agriculture related use, but the Coop is not in the production of food and fiber as required by the county’s ordinance. Greenlee stated that he cannot change soil survey and suggested that Robinson petition the ASCS to change the CSR rating. Robinson responded that he had spoken to the ASCS office and they would not change the rating.

Supervisor Buch stated that the board has had many discussions on the development along Highway 30 and whether commercial uses would be allowed due to the high CSR. Buch reiterated his concern that the county is limiting the expansion of existing businesses. Buch questioned if the county should stop the growth of current business and if so, how does the county justify that position.

Supervisor Vermedahl questioned if the supervisors have the ability to grant variance under land use ordinance. Greenlee explained that the applicants can ask the board of adjustment to grant a variance. Greenlee added that he would like to seek legal counsel before commenting more on the issue. The board asked Greenlee and the Coop to return to the next board meeting for more discussion on the issue.

Moved by Sanders, seconded by Vermedahl, to approve the hire of Joshua Karsten, as a full-time sheriff’s deputy, effective October 1, 2011. Karsten has been through the law enforcement academy and is five-year veteran of the armed services. All members voting aye thereon. Motion carried.

Jill Marlow, county auditor, spoke to the board about the county’s policy on lodging. She stated that the board should consider allowing employees to stay in hotels in adjacent counties if it could be shown that it would be a cost savings to the county. Marlow stated that she had an employee attending a two-day meeting and when calculating the mileage and overtime being paid for the employee to drive back and forth, it would have cost the county less to have paid for overnight lodging. The board advised that they did not want to make any changes to the current policy.

The board did not take action on entering into contracts with Ameristar as Supervisor Vermedahl still had concerns with the insurance documents provided.

The board did not take action on approving the early release of retainage for Kleiman Construction.

Moved by Sanders, seconded by Vermedahl, to adopt Resolution #11-66, Transfer of Funds. Voting aye were Buch, Vermedahl, and Sanders. Nays none. Motion carried.

Moved by Sanders, seconded by Vermedahl, to set October 18, 2011, at 9:30 a.m., as the time and date for a public hearing on the Community Development Block Grant application to provide public water to Timber Ridge Mobile Home Court. All members voting aye thereon. Motion carried.

Moved by Vermedahl, seconded by Sanders, to commit $2500.00 towards the East Central Iowa Housing Trust Fund local match. All members voting aye thereon. Motion carried.

Moved by Sanders, seconded by Vermedahl, to approve a utility permit for Farmer’s Mutual Telephone to place utility lines in the county’s right-of-way in Benton Township. All members voting aye thereon. Motion carried.

Moved by Vermedahl, seconded by Sanders, to approve the final Iowa Department of Transportation progress voucher for project FM-CO06(79)—55-06, HMA resurfacing on E66, as the project is complete. All members voting aye thereon. Motion carried.

Moved by Sanders, seconded by Vermedahl, to approve and sign the contracts and contractor’s bond with Mathy Construction Company for the HMA resurfacing project on V71 (Project CO06(82)—55-06 and on V61 (Project FM-CO06(81)—55-06). All members voting aye thereon. Motion carried.

Moved by Vermedahl, seconded by Sanders, to approve and sign the final plan sheets for projects BROS-CO06(83)—8J-06 (bridge replacement on Benton-Iowa road) and BROS-CO06(84)—5F-06 (bridge replacement on 50th Street). All members voting aye thereon. Motion carried.

The auditor questioned the status of the snow removal priority map presented to the board in 2005. The auditor explained that she was in the process of putting the county’s ordinances in digital format and wanted to include the map if it had been implemented. The engineer stated that he had presented the map; however implementation proved problematic and that he discovered it was more efficient to address snow removal without utilization of the priority map.

The board spoke about replacing trees on the courthouse lawn. Supervisor Buch reported that the Belle Plaine Nursery has offered to donate 25-foot sugar maples (or other trees) to the county. However, the county would have to pay to have the trees moved and planted. Supervisor Buch was to meet with the nursery and determine what trees to accept.

Brian Gruhn, the attorney representing Benton County in union negotiations, met with the board for a preliminary strategy session. This portion of the meeting is exempt from Chapter 21 of the Code of Iowa. The board entered exemption session at 11:00 a.m.

The Board returned to regular session at 11:25 a.m.

Moved by Sanders, seconded by Vermedahl, to enter into closed session pursuant to Iowa Code 21.5(1)i. All members voting aye thereon. Motion carried at 11:52 a.m.

Moved by Sanders, seconded by Vermedahl, to return to open session. All members voting aye thereon. Motion carried at 12:15 a.m.

Moved by Vermedahl, seconded by Sanders, to take the action discussed in closed session. All members voting aye thereon. Motion carried.

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