Government : Benton County Board of Supervisor Minutes of May 4, 2010

May 4, 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.

Richard Grovert presented a bill to the county for repair to his tiling line. Grovert stated that damage was done to his tile line due to grading work done by the secondary roads department. The bill is for $440.00 for backhoe service for thirty feet of five inch tile, one eight inch “T” fitting, and the labor. County Engineer Parizek stated that he believed it was the county’s obligation to pay the invoice. Parizek stated that the law requires that the costs for repairing the tile lines running across the county’s right-of-way are to be paid with highway funds and that his department would process the Grovert’s invoice.

Moved by Vermedahl, seconded by Buch, to accept the resignation of Robert Panosh from Benton County Transportation, effective April 26, 2010. All members voting aye thereon. Motion carried. Halstead stated that at this time she has received no applications for the vacant position nor has there been any inquiries.

The time of 9:15 a.m. having arrived, and this being the time and date set for a public hearing on a land use change requested by Ed Scheetz, the board took up the matter for consideration. Marc Greenlee presented that technical information in accordance with the Benton County Agricultural Land Use Preservation Ordinance. The request is to change the classification to a single residential use. Greenlee reported that access is pre-existing and meets all requirements. There is rural water eliminating the need for a well and there is no problems anticipated with a septic system. The site used to be a farmstead many years ago. Moved by Vermedahl, seconded by Buch, to approve the request for a land use change from agricultural to non-agricultural on approximately one acre for a residential purpose on a parcel generally described as being a Part of the S1/2 of the NW1/4 of Section 15-82-12, due to the fact that the site was an old farmstead years ago by the statements given during the public hearing by local residents. The county’s comprehensive plan encourages the redevelopment of pre-existing farmsteads. All members voting aye thereon. Motion carried.

The Board took the matter of the John and Irene Cherveny land use request that had been brought before the board on an earlier occasion. The request is to place five structures containing two condominiums each on a parcel adjacent to the Tara Hills Country Club on an abandoned strip of railroad property. Greenlee reported that he received a telephone call from the President of Tara Hills Country Club stating that the board is opposed to the requested change. Discussion included the pros and cons for the proposal. The development is on a rock road, adjacent to farm ground as well as a golf course. Compatibility of the use was discussed. The area is prone to wetness, but with the correct drainage system installed the problem could be addressed. Supervisor Buch stated that the drainage issue would have to be addressed correctly at the beginning before any development. The snow accumulation on the roadway issue could be addressed but no design has been presented. Moved by Vermedahl, seconded by Buch, to defer action until additional information is received from the applicant or their representative as to how the drainage issues will be specifically addressed. All members voting aye thereon. Motion carried.

The board discussed the early retirement incentives for county employees. County Attorney Thompson stated that the overall reason for offering an early retirement incentive was to save money to the county and should not be considered if there is not a cost savings to the county. Thompson suggested that should the county adopt a policy that it should be offered to persons fifty-eight or older, who have a minimum number of years of service, etc. Thompson stated that if the vacancy created by the early retiree cannot be filled at a lesser salary then the incentives should not be given. The auditor stated that currently law enforcement officials can retire with full IPERS benefits at age 55 and that they would not be eligible under Thompson’s proposal. It was questioned how an employee could plan for retirement and then at the last minute find out that his/her position could not be filled at a lesser salary. The board listened to various comments but ultimately stated that more time was needed to research the issue. The matter was placed on the May 18, 2010, agenda.

Herb Boots met with the county regarding the county’s recycling program. Boots stated that some haulers are not complying with the recycling requirements. Boots stated that he has gone to the recycling facilities and found that the specific haulers are not taking any recycled materials to their facilities. Boots stated that he has to pay to dispose of his recycled materials, while others are not. Boots stated that if the county does not enforce the recycling uniformly against all of the haulers, then he may be forced to take legal action. Haulers take recycled materials to Corkery in Waterloo or City Carton in Cedar Rapids and Boots stated that he has checked with both companies, who stated that they do not received recycled materials from other Benton County local haulers. Supervisor Sanders stated that he believes that not all haulers are complying with the recycling requirements. Boots stated that he is seeing the violations primarily with haulers picking up rural garbage. Boots also stated that garbage is being placed in the Benton County landfill that is generated outside of Benton County. The board stated that random inspections and pictures should be taken of loads to check for compliance. The engineer is to implement an inspection program.

Todd McNall of Design Dynamics presented plans and specifications for security fencing around the new parking lot east of the new law enforcement center. McNall stated that the cameras for the parking lot are included in the specifications for the law enforcement center. The new lot will contain 20 parking spaces (2 for small cars), be fenced, gated, and lighted and have security cameras/system. The fence will be seven foot high of ornamental steel with a wrought iron appearance. Lighting will be downward only with no upward light pollution. The estimated cost of the project is $35,000 for the materials. The estimated cost with installation is $38,100.00. The project does not include pavement. Moved by Buch, seconded by Vermedahl, to approve the plans and specifications for the law enforcement parking lot improvements. All members voting aye thereon.

Moved by Buch, seconded by Sanders, to approve the minutes of April 2, 2010. All members voting aye thereon. Motion carried.

Moved by Vermedahl, seconded by Buch, to direct the chair to sign the Certification of Cost Allocation Plan prepared by Cost Advisory Services, Inc. for the county’s FY09 cost allocation plan. All members voting aye thereon. Motion carried.

Moved by Vermedahl, seconded by Buch, to acknowledge the receipt and filing of the annual manure management plan filed by Derek Vopelak for the facility located at 5641 14th Avenue, Garrison, Iowa. All members voting aye thereon. Motion carried.

Moved by, seconded by, to approve the request submitted by Lowell Fink to use the courthouse lawn on May 6, 2010, in celebration of Nation Day of Prayer. All members voting aye thereon. Motion carried.

Moved by Buch, seconded by Vermedahl, to approve the request submitted by the Vinton Parks and Recreation Department to use the courthouse lawn on June 24, 2010, for Party in the Park activities. All members voting aye thereon. Motion carried.

The auditor spoke with the board about the May 11, 2010 budget amendment hearing. The auditor had submitted the notices to the official newspapers; however the Cedar Valley Times failed to publish the notice on the required day, which resulted in legal notification not being met. The auditor spoke with the official newspapers and is running notices this week, but needs to change the date of the amendment due to the publication requirements. The Cedar Valley Times has agreed that they will not charge the county for the notices published by their company. Moved by Buch, seconded by Vermedahl, to reset the date for a public hearing and amendment of the FY10 county budget for May 18, 2010, at 10:00 a.m. All members voting aye thereon. Motion carried.

No action was taken on the animal control officer for Benton County pending Supervisor Buch speaking with a potential contractor.

Moved by Vermedahl, seconded by Buch, to adjourn. All members voting aye thereon. Motion carried.

_______________________________

Jason Sanders, Chairman

ATTEST: _________________________________

Jill Marlow, Auditor