November 1, 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 5:05 p.m.

Moved by Sanders, seconded by Vermedahl, to approve the minutes of October 26, 2011. All members voting aye thereon. Motion carried.

Moved by Vermedahl, seconded by Sanders, to approve the hire of Becky Fisher as a part-time driver in the transportation department, effective November 1, 2011, at a wage of $11.80 per hour. All members voting aye thereon. Motion carried.

Moved by Sanders, seconded by Vermedahl, to acknowledge the receipt of the annual manure management plan filed by Team Dairy, LLC for the facility located at 5978 17th Avenue, Garrison, Iowa. All members voting aye thereon. Motion carried.

County Auditor Jill Marlow updated the board on the status of the grant for the Multi-Jurisdictional Hazard Mitigation Plan. The auditor explained that local match was required by the county. There was to be no actual cost to the county as the project was to be paid for with grant funds and local match made up of volunteer hours. The board contracted with Steve Meyer and Robyn Reese to compile the plan, hold all necessary planning meetings, and prepare all required grant documentation. The volunteer hours were to be obtained during the planning process. However, not enough hours were volunteered to meet the requirement. Marlow stated that she has been working with the state to try and search out additional volunteer hours that may have been missed in the documentation. Marlow advised that additional hours from the City of Vinton and the City of Newhall were obtained, as well as additional documentation from Meyer, which has provided additional match but the county is still short. Marlow advised that the shortage in local match will require the county to expend funds that initially were not planned.

County Auditor Marlow spoke to the board about the current management agreement with ERBs Business Solutions for information technology. Marlow explained that there have been some concerns over the past year, primarily with response to issues. Marlow told the board that ERBs was seeking to continue the agreement and was requesting a one-year contract, with a price increase, for FY13. The board asked Marlow to arrange a meeting with ERBs representatives.

Marlow also updated that board on a recent disaster recovery required in the courthouse computer system. Marlow explained the cause of the initial problem and the steps taken to recover. Marlow also updated the board on the planned upgrade to the county’s financial software. Marlow stated that the best alternative for secondary roads would be a fiber optics link to the courthouse and that she was waiting for a quote from the City of Vinton. Marlow also spoke briefly about the possibility of a microwave link to establish a better connection, but stated that fiber optics would be the best option as well as open up other connectivity options.

The auditor updated the board on the replacement of the current election system. The auditor has arranged for a demonstration of the Unisyn Voting System for the board.

Marlow updated the board on the current states of the Routematch upgrade for transportation. Routematch is to install the upgrade remotely on November 3, 2011, and ERBs will be present to address any issues. Once the upgrade is installed on the desktop, then training will take place and upon completion, the new upgraded software will go live. Marlow stated that the unknown in the timeline is the length of training.

Moved by Vermedahl, seconded by Sanders, to adopt Resolution #11-73, AMENDING BUDGET WITHIN SERVICE AREA. Voting aye were Buch, Vermedahl, and Sanders. Nays none. Motion carried.

Keith and John Elwick were present during the board meeting due to the agenda item concerning the animal control agreement. J. Elwick stated that if the agenda item was about the lease agreement with the shelter that they were interested in the issue. The matter on the agenda however concerns the county’s agreement with the animal control officer, Garrett Wittmer, and not the lease agreement with the shelter. Both Elwicks expressed concern if the present facility is expanded at its current location. J. Elwick believed that the site of the shelter should be moved as the animals get excited and noisy if expanded. Supervisor Vermedahl stated that the county should begin drafting a lease agreement with the shelter. Elwick also asked to be kept informed of meetings where the lease of the facility is discussed.

The auditor spoke to the board about the current agreement with Garrett Wittmer for animal control services. The current agreement was for one year with no language on automatic renewal. Marlow stated that she has spoken with Wittmer and that plans to continue providing the services; however several areas of the agreement need to be revised. Marlow is to consult with Wittmer and the county attorney’s office regarding a new agreement.

Auditor Jill Marlow presented a resolution for consideration by the board establishing impoundment fees for animals at-large. The board had taken action in September establishing a three-step fee and directing the auditor to prepare a resolution incorporating the same. The auditor explained that she had met with the county attorney’s office, who believed that the three-step fee would be deemed as a penalty and not an impoundment fee

Moved by Vermedahl, seconded by Sanders, to adopt Resolution #11-74, ESTABLISHING IMPOUNDMENT FEES PURSUANT TO ORDINANCE #37, ANIMAL PROTECTION AND CONTROL. Further the action of September 27, 2011, establishing fees for the impoundment of animals at-large is repealed. Voting aye were Buch, Vermedahl, and Sanders. Nays none. Motion carried.

Dated this 1st day of November 2011.

Moved by Vermedahl, seconded by Sanders, to approve 48 hours in vacation carry-over requested by John Lindaman. Said carry-over is to be used no later than December 31, 2011. All members voting aye thereon. Motion carried.

Moved by Sanders, seconded by Vermedahl, to contract with B. G. Breche to remove the existing condensate transfer unit from the courthouse boiler and replace it with a new one at a cost not to exceed $2,210.80. All members voting aye thereon. Motion carried.

The board moved the meeting to the basement of the courthouse and held a joint meeting with members of the zoning commission. The purpose of the meeting was to hold a public hearing on a change to the Benton County Agricultural Land Use Preservation Ordinance. The zoning commission had published notice of the public hearing in accordance with law.

Land Use Administrator Marc Greenlee summarized the discussion and action taken previously by the zoning commission relative to amending the ordinance.

The zoning commission conducted the public hearing and took formal action to forward a recommendation to amend the county’s ordinance as follows:

Article VI, Section 2., 2.1. PERMISSION APPROVAL PROCEDURES REQUIRED

(A draft proposed amendment to Section 2., 2.1)

2.1 The enlargement or extending of a nonconforming use of land to occupy additional lot or parcel area must be approved unless the use is determined by the Administrative Officer to be a service essential to the agricultural production of food and fiber. Uses that may be enlarged or extended to additional lot or parcel of land irregardless of CSR ratings include an agricultural implement and equipment sales and service business, an agricultural feed, seed and fertilizer business, an agricultural building sales and construction business, an agricultural product(s) processing and storage facility, a veterinary medicine facility, and an agricultural research and development facility.

Article II. DEFINITIONS

2.4 Agricultural Feed, Seed, and Fertilizer Business. An establishment engaged in retail sale of supplies directly related to the day-to-day activities of agricultural production.

2.5 Agricultural Implement and Equipment Sales and Service Business. An

establishment that sells, rents, or repairs agricultural machinery, equipment, and supplies for use in soil preparation and maintenance, the planting and harvesting of agricultural products, and other operations and processes pertaining to agricultural production of food and fiber.

2.6 Agricultural Building Sales and Construction Business. An establishment that builds

or erects structures or buildings used for agricultural purposes.

2.7 Agricultural Product(s) Processing and Storage Facility. A building or land area used

for processing or storage of products produced on a farm.

2.8 Agricultural Research and Development Facility. A facility, including associated

cultivated areas, whose primary purpose is research in food and agricultural sciences.

2.? Veterinary Medicine Facility. A facility built and designed for the purpose of

providing medical care to agricultural livestock.

Moved by Sanders, seconded by Vermedahl, to adjourn. All members voting aye thereon. Motion carried at 6:45 p.m.

__________________________________

Ronald R. Buch, Chairman

ATTEST: ___________________________________

Jill Marlow, Benton County Auditor

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