Government : April 27th Supervisor Minutes

April 27, 2010

The Benton County Board of Supervisors met in regular adjourned session with Supervisors Sanders and Buch present. Supervisor Vermedahl was absent. Chairman Sanders called the meeting to order at 9:00 a.m.

Moved by Buch, seconded by Sanders, to approve the minutes of April 20, 2010. Both members voting aye thereon. Motion carried.

Richard Grovert requested that the county place a speed limit on 287 going south out of Newhall. Grovert reported that the City of Newhall had requested a speed limit be placed on this section of road at an earlier date and was told that the Department of Transportation would have to do a speed study. Grovert advised that he spoke with a DOT employee, who advised that the DOT does not have to do a speed study and that it is within the authority to set a speed limit. Grovert stated that he reported his findings to the Newhall city council on April 26, 2010, and that he was at today’s meeting to request that a 25 mph speed limit be established by the soccer field on the south side of Newhall. The speed should be increased to 35 mph and then finally 55 mph. The board advised that they would speak with the county engineer.

John Sandor of All State Insurance met with the board to describe services provided by his company. Sandor stated that All State Insurance provides various types of insurance to employees through payroll deduction including universal life, term life, accident, cancer, disability and critical illness. Sandor asked if he could hold group meetings with the employees and provide the benefits through payroll deduction. The auditor stated that the county’s policy is that no solicitation could be done on county time, but that Sandor could provide information to be included with employee payroll checks. The auditor also advised that the board had set a minimum of ten participants before they would agree to offer any benefit through payroll deduction. Sandor stated that he would provide information to be included with the payroll checks in the near future.

Moved by Buch, seconded by Sanders, to approve checks numbered 121054 through 121291, for payment and ACH deposits numbered 8229 through 8337, for payment. Both members voting aye thereon. Motion carried.

The board spoke with Marc Greenlee regarding a complaint about the garbage around the recycling trailer located east of the courthouse. The county auditor had received a complaint from an adjacent property owner regarding the amount of waste lying around the area and garbage blowing onto his property. At the time, there were bags of leaves, cardboard, garbage, and a bag of cat feces lying around the recycling trailer. The county has since cleaned up the area. The issue of recycling was discussed and the possibility of going to two recycling trailers in Benton County. One trailer would be located at the landfill and one at the secondary roads shop. The trailers would be available Monday through Friday, between the hours of 8:00 a.m. and 4:30 p.m. Supervisor Sanders stated that the issue needed to be discussed with the county engineer and see why the recycling personnel could not clean up the area. Greenlee stated that the City of Vinton could issue a nuisance citation, which would not be a good situation for the county. Sanders stated that the recycling personnel could easily pick up the garbage and throw it in the back of their truck.

Supervisor Buch reported that he spoke with Garrett Wittmer about contracting with the county for animal control. Wittmer expressed an interest in providing the services on a contract basis. Wittmer will present a proposal for the county’s consideration. Wittmer questioned his role with animal abuse, etc. The matter will be finalized at a future meeting of the supervisors.

Will Heber and Bob Mahood met with the Board regarding a nature center. Heber reported that the Natural Heritage Foundation is in support of the project. Heber stated that conservation is $130,000 short and asked that the Board of Supervisors support the conservation’s efforts and enter into an agreement for a loan from the Natural Heritage Foundation. The auditor advised that the county would have to hold a public hearing prior to authorizing debt and that she would need paperwork from the Natural Heritage Foundation before a hearing could be held. Moved by Buch, seconded by Sanders, that the Board of Supervisors support the conservation commission’s efforts to purchase a building for use as a nature center. Said support is subject to a public hearing and the terms of the agreement with the Natural Heritage Foundation. Both members voting aye thereon. Motion carried.

Moved by Buch, seconded by Sanders, to adopt Resoluiton #10-30, SERVICE AREA BUDGET AMENDMENT. Vomiting aye were Sanders and Buch. Nays none. Motion carried.

Moved by Buch, seconded by Sanders, to approve the change in status from full time employee to part time employee as requested by Josh West, effective May 2, 2010. All members voting aye thereon. Motion carried.

Gary Keller met with the Board to request the status of the Oak Grove Road Project. Keller stated that the traffic is pretty heavy, especially as the cost of gas increases. Keller stated that he moved here in 1995 and was told the road was going to be surfaced then and the road has not had anything done yet. Keller questioned if the funding was available and if there was a timeline. Supervisor Sanders reported that funding is available and that the engineer has presented a new timeline. The engineer stated that the timeline he submitted earlier needed to be revised, as a public hearing with landowners scheduled for the first of April has not been held yet. The engineer stated that he is looking at a May 7th meeting with the property owners at this time. The engineer stated that the grading and related work, including rock, is at 1.1 million dollars. The engineer stated that the money appears to be available but will bring the secondary road fund balance down to zero and without other anticipated revenue the fund balance would be below zero. The engineer stated that the route was to go straight east of the Oak Grove Church to Linn County, but when contacted Linn County was no longer interested. The plan is to go east of the church then north and east to meet with the Linn County road.

The board discussed a claim submitted by Patrick Coleman for clean up around the landfill. The engineer reported that Coleman was suppose to charge approximately $10.00 per hour; however the recent claim submitted calculated out to a little over $40.00 per hour. Supervisor Buch met with Coleman and a new bill has been submitted. Coleman has been told to report to the office when he arrives and leaves at the landfill so that better accountability can be done.

Supervisor Sanders reviewed the discussion regarding the recycling trailer east of the courthouse. Sanders stated that the county sanitarian reported to the board that a nuisance condition could exist if the area is not kept cleaned up. Discussion included possible ways to address the problem, including removal of the trailer all together, fencing, signage, etc. The area will be used as a staging area during the construction of the new law enforcement center and will have to be removed during that time. The engineer stated that the county might be going in a different direction with recycling by the time that project is completed.

The engineer requested approval to purchase a used 2007 Caterpillar motor grader Model 140H from Mid Country Machinery at a cost of $120,000 after the trade in of Champion models 740A and 736A valued at $70,000. The purchase to be finalized in July 2010. Moved by Buch, seconded by Sanders, to approve the purchase of a 2007 Caterpillar motor grader with the trade-in of two Champion motor graders at a cost of $120,000.00. All members voting aye thereon. Motion carried.

Moved by Buch, seconded by Sanders, to adopt Resolution #10-31, CHANGE CLASSIFICATION FOR WILLIAM GARBERS. JR. Voting aye were Sanders and Buch. Nays none. Motion carried.

Attorney Brian Gruhn presented the tentative agreements with the sheriff’s union and the secondary roads union. Gruhn stated that the discussion on negotiations is exempt from open meetings and that the press should not be present. The auditor stated that it was her understanding that tentative agreements were public record. Gruhn replied that the tentative agreement was public but the discussion on negotiations was not. The auditor questioned why she was not provided with copies of the tentative agreement when she requested them. Gruhn responded that he did not receive the request. The auditor stated she made the request to Supervisor Vermedahl but the request was never honored. Gruhn advised that Vermedahl had copies of the tentative agreements when they were signed. Supervisor Buch agreed that the auditor made the request, as he was present at that time. Supervisor Sanders asked the media to leave the meeting until the discussion on the past negotiations was completed. Tentative agreements were reached on March 10, 2010, with the sheriff’s union and April 7, 2010, with the secondary road’s union. The tentative agreements provide for an approximate 1% increase for all union employees, as well as other labor issues.

The board entered into an exempt session at approximately 10:55 a.m. pursuant to Iowa Code 20.17(3) with the county attorney, county engineer, and Attorney Brian Gruhn present.

The board returned to regular session at approximately 11:45 a.m.

Moved by Buch, seconded by Sanders, to enter into the labor contracts between Benton County and the Public, Professional & Maintenance Employees Local Union 2003 International Brotherhood of Painters & Allied Trades, AFL-CIO for the period beginning July 1, 2010 and June 30, 2011 (Secondary Roads), and Benton County and Chauffers, Teamsters & Helpers Local No. 238, An Affiliate of International Brotherhood of Teamsters, Chauffers & Helpers of America (Sheriff’s Department) for the period beginning July 1, 2010 and ending June 30, 2010. Both members voting aye thereon. Motion carried.

Moved by Buch, seconded by Sanders, to adjourn. Both members voting aye thereon. Motion carried.

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Jason Sanders, Chairman

ATTEST: ___________________________________

Jill Marlow, Benton County Auditor