Government : Board of Supervisor Minutes 4/20/10

April 20, 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. at a location 1/8 mile south of the intersection of 70th Street and 19th Avenue, Van Horne, Iowa. The board continued the public hearing on a land use change requested by John and Irene Cherveny. The owners are requesting a land use change for the purpose of constructing five structures containing two residences each. Tim Sanderson, Dean Werner, Darris Pickering, and the owner’s representative were present, as well as one member of the media. The board viewed the area of the request and discussed various issues surrounding the overall use of the area and the issues of the area itself. The board reconvened at the courthouse at 10:15 a.m. Moved by Buch, seconded by Vermedahl, to approve two utility permits requested by the East Central Iowa REC to place utility lines in the county’s right-of-way. The utility lines will be placed along County Road E66 in Taylor Township, and along 55th Street and 22nd Ave. Drive in Harrison/Taylor Townships. All members voting aye thereon. Motion carried. The engineer requested approval to purchase a 2005 Caterpillar 140H motor grader from Mid Country Machinery, Inc. at a cost of $170,000. The engineer also requested approval to purchase a 2003 Caterpillar 140H motor grader from Altorfer, Inc. at a cost of $140,000. The machine has 4040 hours. Moved by Vermedahl, seconded by Buch, to approve the purchase of a 2003 Caterpillar 140H motor grader from Altorfer, Inc. at a cost not to exceed $140,000.00 and a 2005 Caterpillar 140H motor grader from Mid Country Machinery, Inc. and equipment at a cost not to exceed $170,000. All members voting aye thereon. Motion carried. The engineer requested approval to advertise for seasonal truck drivers for roadside noxious weed spraying. Moved by Buch, seconded by Vermedahl, to authorize the engineer to proceed with advertising for seasonal truck drivers. All members voting aye thereon. Motion carried. The engineer requested approval to advertise for a full-time position to fill a vacant position due to the resignation of Josh McGowan. Moved by Vermedahl, seconded by Buch, to authorize the engineer to advertise to fill the vacancy created by the resignation. All members voting aye thereon. Motion carried. Moved by Vermedahl, seconded by Buch, to approve the placement of an advertisement in the official newspapers of Benton County regarding roadside spraying for 2010; the adoption of Resolution #10-29 DESTRUCTION OF NOXIOUS WEEDS; and to approve the notice to organic farmers and vineyard owners regarding the 2010 spraying program and direct that it be published in the official newspapers of Benton County. Voting aye were Sanders, Vermedahl and Buch. Nays none. Motion carried. The Board discussed the issue of terminating farm lease agreements. Tim Sage appeared before the Board on April 13, 2010, wherein the board agreed to accept the first half Moved by Buch, seconded by Vermedahl, to accept one-half of the current year lease payment from Robert McNeill, with one-fourth being paid on this date and one-fourth being paid by the end of April 2010. All members voting aye thereon. Motion carried. The Board discussed the issuance of fireworks permit. This discussion stems from a petition being filed asking that permits be restricted. Tom Pingenot was present who is a member of the Iowa Pryrotechnic Association. Pingenot stated that he has seen the petition and that it was related to a March 27, 2010 event. Pingenot addressed the issue of having displays done by a certain time. Pingenot stated that during the summer, it doesn’t get dark until later requiring the displays to start later. Supervisor Buch questioned how late the events lasted. Pingenot responded that it is dependant on the event, but the Pyrotechnic Association events lasts until 11:00 p.m. to 11:15 p.m. Pingenot stated that the loud displays could be done earlier in the event. Vermedahl stated that the complaints stemmed from large salutes being set off during the day resulting in windows rattling in their house. Pingenot stated that the events bring in economic business to the area as well. Sanders stated that the large boomers echo throughout the river valley. The board requested that the event participants be cognizant of the issues and attempt to address the concerns at future events. Todd McNall, Design Dynamics, met with the board regarding testing and inspection services for the Benton County Law Enforcement Center. McNall reported that a proposal was received from Team Services, Terragon was asked to quote but declined, Chosen Valley had submitted an unsolicited proposal and McNall had asked them to resubmit based on the request for proposal, who declined as well. McNall recommended that the board contract with Team Services. Moved by Vermedahl, seconded by Buch, to award the contract for testing and inspection services to Team Services at a cost of $8,994.80. All members voting aye thereon. Motion carried. Todd McNall, Design Dynamics, presented a contract between Benton County and Kleiman Construction. The contract covers the base bid for the law enforcement building, the geothermal system, and the mitigation work, but does not include the Alternate #1 for the Emergency Operations Center in the amount of $350,447.00. McNall reported that the performance bond had been received as well. The county attorney had reviewed the contract previously and changes were made in accordance with his recommendations. Moved by Buch, seconded by Vermedahl, to enter into a contract with Kleiman Construction, Inc. for the construction of a law enforcement center, geothermal system, and mitigation work for a total cost of $5,862,487. The contract further sets forth that Kleiman Construction, Inc. will hold the bid price of $350,447 for the emergency operations center until September 30, 2010. The Performance Bond is also approved. All members voting aye thereon. Motion carried. McNall also spoke with the board about the need to obtain an easement from the City of Vinton for the sidewalk and ramp, as it will extend into the city’s right-of-way. McNall stated that a request is being made to the City of Vinton for diagonal parking along the east side of the law enforcement center as well. McNall will meet with the City of Vinton at their next meeting to discuss the issues. The board spoke about the parking lot to be constructed on the lot east of the law enforcement center. McNall stated that the county could just call around and get quotes; however the auditor stated that the estimated cost of the project would determine how the quotes are obtained as set forth in Iowa Code Chapter 26. The cost for the materials for the parking lot is to be paid from the State Disaster Assistance Grant, which must be spent by June 30, 2010. McNall stated he would return to the board on May 4th with additional information. Moved by Vermedahl, seconded by Buch, to set May 11, 2010, at 10:00 a.m., as the time and date for a public hearing and adoption of an amendment to the FY11 budget. All members voting aye thereon. Motion carried. Moved by Vermedahl, seconded by Buch, to approve the minutes of April 13, 2010. All members voting aye thereon. Motion carried. The board discussed the position of animal control officer. Vermedahl reported that the county has always worked with the City of Vinton for an animal control officer in the past, but that the City no longer wished to cooperate in the arrangement. The sheriff had presented a proposed job description for an animal control officer. The county attorney encouraged the board to contract for the position and not have an employer-employee relationship. Supervisor Buch agreed to research the issue further to determine if a contractual arrangement would be better for the county. The board discussed the structure of the information technology department with the retirement of the department manager. Supervisor Sanders stated that it was his intent to clarify the direction of the department, including the job description for the remaining employee. Sanders stated that Roger Witt is currently a non-exempt employee. Witt responded that he would work whatever hours are required and if his duties qualified as exempt status, he was willing to be classified as exempt under Fair Labor Standards. Witt explained that Erb’s Computer currently provides services to Benton County and if Witt is unavailable if and/or when an event with the system should occur that Erb’s would respond. Witt explained that a specific office could be designated as the primary contact with Erb’s when he is not available. Witt explained that he did not wish to be involved in the GIS system other than install software updates, etc. The auditor told the board that a deputy in her office was taking the lead in that area and that perhaps the GIS Committee should be revived to aid in the overall direction of the GIS system. The auditor also stated that she was considering a website for her office, adding that the current website software was outdated. Witt agreed that the software was outdated and limited but that it was his opinion that a new website should be for the whole county rather than each individual office having their own. The auditor questioned who would take the lead in the upgrading of financial software, etc. adding that she is meeting again with the county’s vendor on a new financial software package. The board agreed that the GIS Committee may be the appropriate body regarding the oversight of the GIS system, and the office primarily affected by software changes should take the lead in researching new software, but that communication with other offices affected by the changes would be advantageous. Moved by Vermedahl, seconded by Buch, to adjourn. All members voting aye thereon. Motion carried. _______________________________ Jason Sanders, Chairman ATTEST: _________________________________ Jill Marlow, Auditor