Government : BOARD OF SUPERVISORS MEETING Minutes 9/27/11

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. Mary Williams met with the board to discuss a provider contract between Benton County and St. Luke’s Hospital for client services. Williams explained that negotiations for the contract had been difficult noting that Linn County contract is different than the Benton County contract resulting in a lesser rate overall than being paid by Linn County. The supervisors voiced their disappointment over the provisions of the contract. After fully discussing the impact on Benton County clients and taxpayers, it was moved by Sanders, seconded by Vermedahl, to deny entering into a provider contract with St. Luke’s Hospital based on the provisions in the proposed contract not being in the best interest of Benton County. All members voting aye thereon. Motion carried. Moved by Sanders, seconded by Vermedahl, to approve the minutes of September 20, 2011. All members voting aye thereon. Motion carried. Moved by Vermedahl, seconded by Sanders, to approve checks numbered 131461 through 131769, and ACH deposits numbered 12299 through 12414, for payment. All members voting aye thereon. Motion carried. The time of 9:30 a.m. having arrived, and this being the time and date for the first consideration on Ordinance #64, An Ordinance Establishing The County Supervisor Districts and Election Precincts, the board took up the matter. There were no members of the media or public present. Notice of the hearing had been published in accordance with Iowa law and copies made available to the public. Hearing no comment, it was moved by Sanders, seconded by Vermedahl, to approve the first consideration of Ordinance #64, An Ordinance Establishing the County Supervisor Districts and Election Precincts. All members voting aye thereon. Motion carried. The Board discussed the implementation of animal control fees, to be assessed against persons whose animal is captured in the unincorporated area. Moved by Vermedahl, seconded by Sanders, to implement a fee of $25.00 for the first apprehension, $50.00 for the second apprehension, and $100.00 for the third apprehension – all within a six-month period. Additionally, the amount of mileage paid to the animal control officer as well as a $50.00 impoundment fee per occurrence. The auditor is asked to draft the necessary resolution for approval by the board and speak with personnel at the animal shelter regarding this action. All members voting aye thereon. Motion carried. Marc Greenlee and representatives of the Newhall Cooperative (the Coop) met with the board to discuss a land use change for expansion of the Coop. Greenlee explained that after speaking with the county attorney it was determined that an appeal to the board of adjustment can only be made after a decision has been made by the Board of Supervisors. Applicants cannot bypass the board of supervisors and go directly to the board of adjustment. Supervisor Buch commented that our current ordinance states “production of food and fiber” and whether that should be changed to include agricultural related activities. Buch questioned if there was a way to change the language to allow those types of activities. Supervisor Vermedahl thought the best approach was to reconvene the land use commission and look at an amendment to the current ordinance, but the county needs to be very careful about what it means “related to agriculture” as well as “pre-existing business”. It was questioned how Frontier Cooperative was allowed to expand and golf courses, as well as the demolition derby site north of Blairstown – all properties are classified as “agricultural”. The board asked Greenlee to notify the zoning commission of a meeting scheduled for October 11, 2011 at 6:30 a.m. Moved by Vermedahl, seconded by Sanders, to adopt Resolution #11-67, A RESOLUTION SUPPORTING BENTON COUNTY’S 2011 STATE OF IOWA COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) TORNADO AND WIND DAMAGE ASSISTANCE PROGRAM APPLICATION. Voting aye were Buch, Vermedahl, and Sanders. Nays none. Motion carried. Moved by, seconded by, to acknowledge the receipt of the annual manure management plan filed by Wilco Farm Ltd. For the facility located at 7944 28th Avenue, Norway, Iowa. All members voting aye thereon. Motion carried. The board presented their initial labor contract proposal to the PPME representing secondary roads. The auditor reported that the county received a $94,420.00 equity transfer from the Cedar Valley Ranch in accordance with the current lease agreement. The county received $65,566 last year from the Cedar Valley Ranch. Moved by, seconded by, to adopt Resolution #11-69, TRANSFER OF FUNDS. Voting aye were Buch, Vermedahl, and Sanders. Nays none. Motion carried. Moved by Vermedahl, seconded by Sanders, to adopt Resolution #11-68, ABATMENT OF TAX. Voting aye were Buch, Vermedahl, and Sanders. Nays none. Motion carried. No action was taken on the request to abate tax on parcel 250-03050 pending further information. Moved by Vermedahl, seconded by Sanders, to enter into law enforcement contracts with the City of Shellsburg at $22.00 per hour for an unspecified number of hours, and the City of Blairstown at $17,160.00 for 780 hours of coverage. All members voting aye thereon. Motion carried. Senator Tim Kapucian and Representative Dawn Pettengill met with the Board to discuss various issues. Specifically, the redesign of mental health delivery system was discussed. Representative Pettengill informed the supervisors that all redesign plans were subject to approval by the Iowa legislature in 2012; however study committees were developed to create specific plans in various areas. Representative Pettengill also invited the supervisors to a meeting on October 7, 2011, to meet with Representative Schulte who chaired the committee. The board discussed aligning with a regional area for delivery of mental health. A study committee has been charged with the creation of regional delivery areas and although the plans would need legislative approval, it would be in the county’s best interest to preliminary align with an area. The board met with supervisors from Linn, Johnson, Jones, and Iowa counties about such an area. Moved by Vermedahl, seconded by Sanders, to provide a letter to Johnson County informing them of the board’s desire to join a regional area with the aforementioned counties. However, it is stressed that the Benton County Board of Supervisors is not in support of regionalization. All members voting aye thereon. Motion carried. Supervisor Sanders left the meeting at 12:00 p.m. The board met with Todd McNall and Assistant County Attorney Emily Nydle regarding early release of retainage to Kleiman Construction. Kleiman has not fully completed the work on the law enforcement center, but has provided much of the required documentation required for early release. McNall recommended as he has done several times prior that the county release 100% of the retainage – stating that the county could file a claim against the performance bond if the work isn’t completed. The auditor stated that she had requested the county attorney’s office to provide legal guidance as she did not believe the county should release the entire retainage, but agreed that the documentation she had requested earlier had now been provided. Nydle stated that Iowa law still provides that the county the authority to withhold up to 200% of the cost of labor and material yet to be completed. Moved by Vermedahl, seconded by Buch, to release all but $32,779.32 to Kleiman Construction. The remaining funds withheld are to cover the labor and material for the licensing from Accurate Controls, the audio-visual system, and well field diagrams. Both members voting aye thereon. Motion carried. The auditor briefly spoke to the board about legal issues arising with subdivision variances. Due to the time and a meeting the auditor had with FEMA representatives at 1:00 p.m., the matter was deferred to the next meeting. Moved by Vermedahl, seconded by Buch, to adjourn. All members voting aye thereon. Motion carried at 1:00 pm. __________________________________ Ronald R. Buch, Chairman ATTEST: ___________________________________ Jill Marlow, Benton County Auditor