Government : BOARD OF SUPERVISORS MEETING Minutes 10/4/11

October 4, 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. Nathan Hesson with Vinton Unlimited requested to use the courthouse lawn on October 7, 2011, for a kick-off of the Iowa Initiative walking program. Moved by Vermedahl, seconded by Sanders, to approve the request to use of the courthouse lawn on October 7, 2011, by Vinton Unlimited. All members voting aye thereon. Motion carried. Moved by Vermedahl, seconded by Sanders, to acknowledge the resignation of Diane Buckingham, due to retirement, effective November 4, 2011. Buckingham is eligible to participate in the retirement incentive under Resolution #10-. All members voting aye thereon. The Board extends their appreciation to the many years of service Buckingham as provided to Benton County. Motion carried. Moved by Sanders, seconded by Vermedahl, to enter into contracts with Ameristar for storm damage repair upon receipt of the required performance bond. The bond is set at $20,000.00. All members voting aye thereon. Motion carried. Moved by, seconded by, to approve the auditor’s quarterly report for the period ending September 30, 2011. 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 third and final consideration on Ordinance #64, An Ordinance Establishing The County Supervisor Districts and Election Precincts, the board took up the matter. There was one member of the 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 third consideration of Ordinance #64, An Ordinance Establishing the County Supervisor Districts and Election Precincts. All members voting aye thereon. Motion carried. Moved by Vermedahl, seconded by Sanders, to adopt Resolution #11-70, ADOPTING ORDINANCE #64, AN ORDINANCE ESTABLISHING THE COUNTY SUPERVISORDISTRICTS AND ELECTION PRECINCTS AND AMENDING CHAPTER 3 OF THE BENTON COUNTY CODE OF ORDINANCES. Voting aye were Buch, Vermedahl, and Sanders. Nays none. Motion carried. Assistant County Attorney Nydle, Chuck Juhl, Benton County Recorder Lexa Speidel, Land Use Administrator Marc Greenlee, and Benton County Auditor Jill Marlow, met with the board regarding issues arising with variances to the county’s subdivision ordinance. Marlow explained that a title attorney will not provide a clear title opinion on a recent title transfer due to documentation not being recorded with the subdivision plat. The attorney has questioned what authority the county has to waive state law. Marlow explained that the board of supervisors does not have authority to waive state law but does have the authority to waive requirements under the county’s ordinance. The issue is that the requirements of the ordinance being waived mirror state law as well. Supervisor Vermedahl stated that the county has never waived the requirement of the state law when granting variances. Attorney Nydle stated that the board of supervisors has not done anything outside of their authority in that they did not waive state law requirements. Recorder Speidel questioned what she was to do with future subdivision plats brought in for recording that have previously had certain provision waived. She was told that she needed to require the attachments as required. Jerry Petermeier told the board that the Belle Plaine Nursery contacted him about the lawn around the law enforcement center. The Nursery provided the grass/landscaping around the facility under the construction contract; however stated that they were not happy with the product and asked if they could make improvements at no charge to the county. Petermeier stated that he authorized the improvements as well as asked the Nursery to landscape around the new sidewalk that was installed on the east side the law enforcement center and parking lot. Petermeier reported on problems arising with the controls in the parking lot. Petermeier stated that the electricians are having difficulty installing the electrical due to poor communication with Accurate Controls, who are installing the gate controls. Petermeier was hopeful that the issues are being resolved. Petermeier stated that he is going to contact secondary roads about putting a load of gravel in the parking area, but is waiting for the new cement to set. Petermeier added that rock would need to be placed around the tower. Petermeier reported on the status of the storm-related repairs at the storage building at the Cedar Valley Ranch. Petermeier stated that asbestos abatement has been arranged and once removed the building will be demolished. Moved by Sanders, seconded by Vermedahl, to approve a utility permit requested by South Slope Telephone Company to place utility lines in the county’s right-of-way in Eldorado, Fremont, and Florence Townships along 27th Avenue, 72nd Street, and 29th Avenue to 75th Street. All members voting aye thereon. Motion carried. Moved by Sanders, seconded by Vermedahl, to approve a utility permit requested by MidAmerican Energy to place utility lines in the county’s right-of-way in Eden Township Sections 3 and 4 along 25th Avenue. All members voting aye thereon. Motion carried. Moved by Sanders, seconded by Vermedahl, to approve a utility permit requested by Windstream Communications to place utility lines in the county’s right-of-way in Iowa Township Sections 15 and 16 along 13th Avenue/old Highway 131. All members voting aye thereon. Motion carried. Moved by Vermedahl, seconded by Sanders, to approve the minutes of September 27, 2011 and September 28, 2011. 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