Government : Benton County Board of Supervisors Minutes, March 5

March 5, 2013

The Benton County Board of Supervisors met in regular adjourned session with Supervisors Sanders, Frese and Hertle present. The meeting was called to order at 9:00 a.m.

Moved by Frese, seconded by Hertle, to approve the minutes of February 26, 2013. All members voting aye thereon. Motion carried.

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 Daniel and Kathleen Cantonwine, the board took up the matter for consideration. Marc Greenlee presented the 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. A new septic would be needed for the residence; however an existing well would be utilized. The land is currently not in production. The applicants’ current residence will be moved from the property and a new residence constructed in a different location on the same property. Moved by Frese, seconded by Hertle, 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 located in a part of the SW1/4 of the SW1/4 of 29-85-9. All members voting aye thereon. Motion carried

Moved by Hertle, seconded by Frese, to approve the use of the courthouse lawn on July 20, 2013, by the Vinton Cruise Committee. All members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Frese, to authorize the auditor and chair to sign a corrected lease agreement between BentonCountyand Tim Sage for rental of the sanitary disposal facility farm ground. The original lease was approved and entered into on January 15, 2013; however a typographical error has been discovered and corrected. All members voting aye thereon. Motion carried.

Dennis Kunze and Dan Scott met with the board to request a variance to the county’s subdivision ordinance on property division located in 20-82-9. Marc Greenlee explained that when Dan Scott purchased the property it was discovered that the property line did not go to the center of the road as thought by the Scott and adjacent property owner, Burtwin Day. Day agreed to sell property to Scott so that Scott’s property would extend to the center of the road right-of-way and legal documents were executed. Subsequently further surveying of Scott’s property was completed and again found that the new boundary line was not at the center of the road right-of-way. Scott is requesting that the county waive the subdivision ordinance to allow for his boundary line to be located at the center of the road right-of-way as originally intended. The parcel is primarily road right-of-way (all but 70 feet) and the ingress and egress to Scott’s property traverses across the parcel being considered. Moved by Hertle, seconded by Frese, to adopt Resolution #13-14, WAIVER OF BENTON COUNTY SUBDIVISION ORDINANCE. Voting aye were Sanders, Frese, and Hertle. Nays none. Motion carried.

The engineer provided an update on the 28E Agreement for sanitary disposal. A draft of the 28E was provided as well as proposed by-laws for the board to review and discuss at a future meeting.

The engineer reported that the balance in the Blairstown bank landfill account on February 28, 2013, was $58,979.36. A check was written for $15,000 into the Sanitary Disposal account.

Moved by Frese, seconded by Hertle, to adopt Resolution #13-15, Amending Resolution #12-23, INTERFUND OPERATING TRANSFERS, to provide that the third quarterly transfer for fiscal year 2013 be transferred immediately. The fourth quarter transfer is to remain as originally scheduled. Voting aye were Sanders, Frese, and Hertle. Nays none. Motion carried. 67,950.00

Matt Purdy, Benton County Conservation Executive Director, and Scott Bahmann, Benton County Conservation Deputy Director, met with the board regarding the FY14 budget. Purdy stated that conservation had been working with the auditor since their budget presentation to the supervisors. Purdy provided substantial documentation on the projects that will be completed in FY14, if the proposed budget is approved by the supervisors, including a new shop, new cabins, remodeling and needed maintenance on various facilities, and the purchase of canoes.

County Attorney David Thompson, Assistant County Attorney Emily Nydle, and Jackie Michael met with the board to discuss office space needs, an additional collections employee, and Michael’s employment contract.

Thompson requested formal action by the board approving an additional position in his office. Moved by Hertle, seconded by Frese, to approve the additional collections position in the county attorney’s office. All members voting aye thereon. Motion carried.

Thompson stated that he would begin advertising in April. The board has budgeted $32,000 in the FY14 budget for the position. The board reminded Thompson that the position is not funded until July 1, 2014, and if the position is filled prior to that date, that funds would have to be available in his current budget.

Thompson stated that with the additional position he needed additional office space. Thompson stated that another employee could be placed in his existing space if necessary, but that the office is already crowded. Thompson stated that with additional staff comes the need for additional filing cabinets and office equipment. Thompson stated that it is problematic for other staff working in the office when people come in to discuss their payments with Michael and it would become more problematic with another collections person. The county attorney stated that the most logical office space would be the office currently occupied by the juvenile probation officer on the first floor of the courthouse. Thompson stated that the probation officer could be moved to some other office without much problem. Thompson stated that an alternate location would be the GISroom in the basement of the courthouse. Auditor Marlow stated that the GISroom is used routinely by various offices, as well as other entities, for meetings and training.

Thompson stated that the juvenile court officer could be moved to the Governor Sherman building. Thompson stated that Benton Development Group (BDG) currently occupies a very large office in that building, which is a waste of space for a part-time position. Thompson stated that BDGcould be moved out of that office, the veterans’ affairs director could be moved to BDG’s office space, and juvenile probation could be moved into the space occupied by veterans’ affairs. Thompson stated that BDGcould be combined in the office with the volunteer program or scheduled into the GISroom once a week. Thompson stated that moving the offices around would make some people unhappy and he could make his current space work if necessary. Jackie Michael stated that the juvenile probation office would be the best option as it has a vault. Michael stated that with the clerk’s office closing at 2:00some days of the week it is problematic if someone wants to pay cash as they don’t have any place to keep the money securely. Auditor Marlow stated that the clerk has an arrangement with the treasurer that any funds for the clerk’s office can be left in the treasurer’s office where it is securely kept until the next day.

Thompson stated that ideally the office occupied by BDGcould be used by another office - adding that the office is quite large for someone that is not there that often. Thompson stated that the juvenile probation office would be the perfect solution for his needs.

Supervisor Hertle commented that the current office for the county attorney’s staff is crowded with three employees. Thompson stated that as of March 1, 2013, the county had reached the $100,000 threshold. Thompson stated that the goal of the first year was to break even between the additional staffing expense and funds collected. Thompson stated that the collections will do that and the first year has done everything his office thought it would do.

The board and county attorney discussed other possible office space. Attorney Nydle stated that you cannot have people disconnected and some of the space being discussed would do that. Supervisors Hertle and Frese asked to view the various offices being discussed prior to making a decision. Hertle and Frese agreed to meet with the county attorney individually later in the day to look at the offices.

Thompson then spoke with the board about the employment contract of Jackie Michael. Thompson stated that Michael’s employment contract stated that she was to perform fine collections and nothing else. Thompson stated that the contract needed to be amended if Michael was going to collect jail fees. Supervisor Hertle questioned if the county attorney’s budget would have to be increased. Supervisor Sanders stated that the budget had been published and that the county attorney would need to live within the budget proposed for FY14. Thompson stated that he would be returning in a week or two to request a budget amendment as he needed a new phone system. Thompson stated that he understood that a budget amendment cost money due to publication but that his office needs to do things and that people with the knowledge need to be compensated and that Michael was that person.

Michael requested that the board go into closed session to discuss her performance under Iowa Code 21.5(1)i.

Moved by Frese, seconded by Hertle, to enter into closed session. All members voting aye thereon. Motion carried at 11:30 a.m.

Moved by Frese, seconded by Hertle, to return to open session. All members voting aye thereon. Motion carried at 11:50 a.m.

Moved by Frese, seconded by Hertle, to amend the current employment contract between BentonCountyand Jacqueline Michael, effective this date. All members voting aye thereon. Motion carried. The county attorney is to provide a final copy of the contract for signature at the next meeting; however the agreement provides, in part, for an annual salary effective July 1, 2013, of $40,000.00 and three weeks of vacation. Michael is to perform the duties of Collections Manager, effective immediately.

Moved by Frese, seconded by Hertle, to adjourn. All members voting aye thereon. Motion carried.

_______________________________

Jason Sanders, Chairman

ATTEST: _________________________________

Jill Marlow, Auditor