APRIL BOARD MINUTES
April 1, 2008
The Benton County Board of Supervisors met in regular adjourned session with Supervisors Buch, Vermedahl, and Sanders present. Chairman Vermedahl called the meeting to order at 9:00 a.m.
Moved by Sanders, seconded by Buch, to approve the minutes of March 27, 2008. All members voting aye thereon. Motion carried.
The time of 9:05 a.m. having arrived, and this being the time and date set for a public hearing on a construction permit application for expansion of an existing confinement feeding operation filed by Martin Wiley, Wilco Farms, LTD. Martin Wiley and John Wiley were present. There were no other public present. Marc Greenlee, Sanitarian/Land Use Administrator, presented the information to the board. Notice of this hearing had been published in the official newspapers of Benton County. The proposal does not meet the requirements for a master matrix review; however the board determined to hold a public hearing on the application as allowed by law. The application is for an expansion of an existing swine confinement feeding operation and is the permit application is required as the animal unit capacity for the operation will be 1000 AUCs or more. Greenlee advised that the Department of Natural Resources as we as he did a joint site review. There were no comments received prior to today’s hearing, either oral or written. The proposed site is approximately two miles from the nearest city and is located in Section 31 of Florence Township. Hearing no comment, Supervisor Vermedahl closed the public hearing at 9:15 a.m. Moved by Buch, seconded by Sanders, to acknowledge the receipt of the permit application for Wilco Farms, LTD for expansion of an existing confinement feeding operation located in the SW1/4 of the NW1/4 of 31-82-9 (Florence Township) and direct the land use administrator to file the appropriate documents with the Department of Natural Resources. All members voting aye thereon. Motion carried.
Marc Greenlee, Land Use Administrator, presented an application submitted by Jess and Heidi Wauters for a farm exemption to the Benton County Land Use Ordinance. The exemption is requested on a parcel located in the SE1/4 of the SE1/4 of 6-82-12 for the purpose of constructing a residence. Greenlee advised that the applicants are actively engaged in a farming activity through an operation with his father on approximately three hundred acres. Moved by Buch, seconded by Sanders, to approve a farm exemption to the Benton County Land Use Agricultural Land Preservation Ordinance on a parcel in the SW1/4 of the SE1/4 of 6-82-12, for a single residential use. All members voting aye thereon. Motion carried.
Kyle Hummel met with the board to discuss property taxes, equalization, and rollbacks for FY09.
Roger Witt met with the Board regarding the public telephone located in the courthouse. The telephone is not compliant with the Americans with Disability Act. Witt advised that with the number of cell phones, the use of the pay phone has dropped dramatically. Witt further stated that he checked with the court system and that they do allow one court-related phone call at state expense. Witt further reported that an ADA issue was raised with the state’s computer in the rotunda. Moved by Sanders, seconded by Buch, to remove the public pay telephone from the courthouse rotunda. All members voting aye thereon. Motion carried.
Representatives of Family Nurturing Council met with the Board regarding issuance of a proclamation proclaiming April as the Child Abuse Prevention Month. They also requested that the group be allowed to place pinwheels on the courthouse lawn sometime during the week of April 14th. Supervisor Buch stated that the maintenance director should be contacted to coordinate the placement of the pinwheels so that it did not interfere with mowing or weed spray application. Moved by Sanders, seconded by Buch, to allow the Family Nurturing Council to place pinwheels on the
Moved by Buch, seconded by Sanders, to adopt Resolution #08-13, PROCLAIMING APRIL 2008 AS CHILD ABUSE PREVENTION MONTH. Voting aye were Vermedahl, Sanders, and Buch. Nays none. Motion carried.
Mary McLaughlin met with the Board to discuss attendance at the annual conference of the National Association of County Officials being held in Kansas City. McLaughlin stated that she would be interested in attending the conference and that she has received a $1000 education scholarship to offset the expense. Moved by Buch, seconded by Sanders, to authorize out-of-state travel for Mary McLaughlin to attend the National Association of County Officers annual conference in Kansas City. All members voting aye thereon. Motion carried.
The Board considered the request for a variance to the Benton County Vicious Animal Ordinance submitted by Andrea Kilkenny. The request is to allow Kilkenny to bring pit bulls into Benton County for dog agility training to be held once a week April through October 2008 at 2826 74th Street, Newhall, Iowa. The Benton County Vicious Animal Ordinance provides that a variance may be granted by the supervisors under paragraph 37.19 based on the owner’s experience. Kilkenny has been granted a similar variance is previous years with no issues arising and it has been found that she has the ability to control the animals and is well qualified. Moved by Sanders, seconded by Vermedahl, to grant a variance to the Benton County Vicious Animal Ordinance under paragraph 37.19, as Kilkenny has provided sufficient written evidence to the Board that she is qualified and competent to handle vicious animals. Further said variance is restricted to the specific dates and times for the purposes of attending a dog agility training class at 2826 74th Street, Newhall, Iowa. Said classes are to be held once weekly, from now through October, 2008, for approximately two hours each. The animals are to remain crated during travel and at any time when the animals are not on the course itself. All members voting aye thereon. Motion carried.
The Board spoke with the county engineer regarding clearing roads for fire and ambulance departments when responding to an emergency. Supervisor Vermedahl stated that the ordinance states that if a condition is countywide then secondary roads will not respond after hours; however if it is an isolated location then secondary roads may respond after normal working hours. Vermedahl stated that the county should respond when life and/or property is at stake. Vermedahl continued that a protocol should be created for call out procedures and suggested that a committee be formed to develop those procedures. The matter will be discussed further on Tuesday, April 8, 2008.
Supervisor Vermedahl spoke about the flood insurance program (FIP). Vermedahl advised that he spoke with Sandra Cox from the Iowa Department of Natural Resources about the program. Supervisor Buch questioned what impact there would be on existing structures located in the flood plain. Vermedahl responded that he believed they would be grandfathered in unless the structures had incurred damage. The Board will request that Cox attend a future meeting to discuss the flood insurance program.
The engineer spoke to the board about the county’s current driveway policy. The engineer requested that the supervisors consider the implementation of a fee for installing driveways. Discussion involved the creation of a tier system of fees depending on the type of installation and location. Parizek stated that there have been occasions where three or four days were required to put in a driveway. The engineer advised that he did not have figures to present to the board regarding the actual costs of building a driveway. The engineer also spoke about modifying the current policy regarding the sight distance requirement when a speed limit is in place.
Moved By Sanders, seconded by Vermedahl, to adopt Resolution #08-14, ABATEMENT OF INTEREST AND PENALTY. Voting aye were Sanders, Vermedahl, and Buch. Nays none. Motion carried.
Moved by Sanders, seconded by Vermedahl, to provide a letter of support to the USDA for a grant application submitted by the Norway fire department for the purchase of equipment. All members voting aye thereon. Motion carried.
The Board discussed the FY09 cost of health insurance to the county departments. Moved by Buch, seconded by Sanders, that the amount being paid by county departments be reduced by $50.00 per plan. All members voting aye thereon. Motion carried.
Moved by Sanders, seconded by Buch, to approve the auditor’s quarterly report for the period ending March 31, 2008. All members voting aye thereon. Motion carried.
Moved by Buch, seconded by Sanders, to adjourn. All members voting aye thereon. Motion carried.
________________________________________________
David H. Vermedahl, Chairman
ATTEST: ________________________________________
Jill Marlow, Auditor
April 3, 2008
The Benton County Board of Supervisors met in regular adjourned session with Supervisors Buch and Sanders present. Supervisor Vermedahl was attending another meeting. Vice-Chair Buch called the meeting to order at 9:00 a.m.
Moved by Sanders, seconded by Buch, to approve the minutes of April 1, 2008. All members voting aye thereon. Motion carried.
Moved by Sanders, seconded by Buch, to set April 29, 2008 at 9:15 a.m., as the time and date for a public hearing on a land use change requested by Jake and Michelle Smithart on a parcel located in the NE1/4 of the SE1/4 of 3-84-9. Both members voting aye thereon. Motion carried.
The weed commissioner advised that he only received one quote out of the seven requested for weed control chemicals. Fisher Feeds submitted the quote in the amount of $75,030.00. Moved by Sanders, seconded by Buch, to purchase the chemicals for weed control from Fisher Feeds for 2008 from Fisher Feeds at a cost not to exceed $75,030.00. All members voting aye thereon. Motion carried.
The weed commissioner discussed the part-time seasonal driving positions in his department. The positions had been advertised with two persons submitting applications. Moved by Sanders, seconded by Buch, to approve the hire of Bob Byers, effective April 21, 2008, at a wage of $9.75 per hour, and Donovan Merchant, effective April 14, 2008, at a wage of $9.50 per hour. Both persons are hired on a part-time seasonal basis. Both members voting aye thereon. Motion carried.
Moved by Sanders, seconded by Buch, to adopt Resolution #08-15, DESTRUCTION OF NOXIOUS WEEDS. Voting aye were Buch and Sanders. Nays none. Motion carried.
Moved by Sanders, seconded by Buch, to authorize the publication of a notice to organic farms stating that the owners of organic farms must contact the Benton County Weed Commissioner if they wish a specific ditch/area not to be sprayed. Both members voting aye thereon. Motion carried.
Moved by Sanders, seconded by Buch, to approve the Veterans Affairs quarterly report for the period ending March 31, 2008. Both members voting aye thereon. Motion carried.
Moved by Sanders, seconded by Buch, to approve the sheriff’s quarterly report for the period ending March 31, 2008. Both members voting aye thereon. Motion carried.
Moved by Sanders, seconded by Buch, to acknowledge the receipt and filing of the annual manure management plan submitted by J and S Hogs in section 33 of Kane Township. Both members voting aye thereon. Motion carried.
Moved by Sanders, seconded by Buch, to adopt Resolution #08-16, ABATEMENT OF INTEREST AND PENALTY. Voting aye were Buch and Sanders. Nays none. Motion carried.
Tracy Cummings, Sales Manager, and Andy Kukutschka, General Manager, for the Cedar Valley Times (the Times) and the Vinton Livewire met with the Board regarding the publication of legal notices. Kukutschka explained that since the county no longer places legal notices in the Times, that he has received concerns from Times subscribers that they would like to have the legal notices in the paper. Kukutschka stated that he also has concerns that he may lose subscribers because the legals are not published in the Time. Kukutschka asked what the newspaper could do to be considered again. Kukutschka explained that the Times is a daily paper, which allows for more timely publication. Kukutschka said if it is a matter of circulation, the notices are placed in the Livewire as well as the paper, and the Livewire has the largest circulation. Sanders stated that the Code of Iowa states how many official newspapers a county must have and for Benton County that number is three. Sanders stated that the papers are appointed annually at the beginning of the calendar year. It was questioned if there was a problem with the Times or if it was merely a matter of the request to be considered was not sent. Sanders stated that there have been instances when publications have been missed and making deadlines is critical to county government. It was explained that the Iowa Code sets out the procedure for selecting official newspapers and also describes what qualification a newspaper must have to be considered.
The county engineer spoke to the board about the cost for dust control for 2008. The engineer explained that costs have increased to the county for materials by $57.00 for the oil product, $16.00 for equipment, and $2.00 for labor. The engineer recommended that the cost increase to $975.00 from $900.00 in 2007. Moved by Sanders, seconded by Buch, to set the cost of MC-70 applied by the county for 2008 at $975.00 for two applications of 400 feet each. Additional footage will be done in fifty-foot increments at $2.00 per foot. Both members voting aye thereon. Motion carried.
The engineer reported that the balance at Benton County State Bank for the landfill account on March 31, 2008, was $54,507.18.
Moved by Sanders, seconded by Buch, to adjourn. All members voting aye thereon. Motion carried.
__________________________________
Ronald R. Buch, Vice-Chairman
ATTEST: ___________________________________
Jill Marlow, Benton County Auditor
April 8, 2008
The Benton County Board of Supervisors met in regular adjourned session with Supervisors Buch, Vermedahl, and Sanders present. Chairman Vermedahl called the meeting to order at 9:00 a.m.
Moved by Buch, seconded by Sanders, to approve the minutes of April 3, 2008. All members voting aye thereon. Motion carried.
Moved by Sanders, seconded by Buch, to approve checks numbered 98837 through 99151, and ACH payments numbered 2620 through 2713, for payment. All members voting aye thereon. Motion carried.
Moved by Sanders, seconded by Buch, to set April 24, 2008, at 9:15 a.m., for a public hearing on the status of funds for the Community Development Block Grant for the Watkins waste water treatment. All members voting aye thereon. Motion carried.
The board discussed the appointment of a civil rights coordinator. The board is going to conduct further research into a possible appointee.
Moved by Buch, seconded by Sanders, to direct the engineer or his designee, to coordinate the replacement of the boiler system at the Cedar Valley Ranch, to be completed in the fiscal year. All members voting aye thereon. Motion carried.
The Board received quotes for the 2008 courthouse lawn care as follows: McKenna Lawn & Landscape - $155.00 per application + $185.00 for one time grub control application; O’Grady Lawn & Landscape Specialties - $541.20 less 10% for 3 applications, $440.00 less 10% for 2 applications, and $250.80 for one application plus $250.80 for one application of grub control; and Christy Lawn Care - $140.00 per application. Moved by Buch, seconded by Sanders, to contract with McKenna Lawn & Landscape for three applications at $155.00 each plus one application of grub control at $185.00. Applications are to be early spring (#1), late spring/early summer (#2) and fall (#4). All members voting aye thereon. Motion carried.
The county engineer spoke with the board about the establishment of fees for driveway entrances being constructed by secondary roads. The engineer stated that due to surface, right-of-way size, ditch depth, and slope he recommended the following costs: entrances on a gravel road - $400.00 and for a 10 foot extension and addition $225 (does not include pipe or rock); hard surface roads - $2000.00 and for a 10 foot extension an additional $1250.00 (includes one load of rock, does not include pipe). The board requested additional time to consider the recommendation.
Sandra Cox, Iowa Department of Natural Resources, met with the Board regarding the enactment of a floodplain management ordinance. Cox reviewed the need that the ordinance would fill as far as obtaining federal grants and private homeowner flood insurance. Cox reviewed how the program worked and what the county would have to be responsible for administering the program. Cox explained that the county would have to insure that structures are not erected in the flood plain without first going through the DNR permit process. The county would be required to obtain an elevation certificate from the applicant once the structure is completed to determine if it was built according to the requirements. Cox stated that the county is not responsible for determining the base flood elevation.
The county engineer spoke about the sealcoating of 79th Street. The engineer stated that the shingle road experiment failed several years ago and two options were available at the time to rectify the situation: to sealcoat or return the road to a gravel surface. The seal coat surface was implemented but that surface also failed. Last fall over 3500 ton of rock was applied to the road along with a calcium chloride application taking it back to a temporary gravel surface. There was a little over $35,000 spent in renovation costs last fall in material alone. The engineer advised that if a double chip seal coat is applied to the road this spring, the cost would be approximately $45,500 for material, and approximately $9000 for labor and equipment. The sealcoat would be on 11000 feet of roadway.
County Engineer Myron Parizek requested that the FY08 budget be amended due to the increased snow removal costs and the purchase of a compactor at the landfill. The engineer advised that snow removal costs was over by approximately $400,000 including only material costs and wages and was asking for a $275,000 increase. Parizek also indicated that his cost for fuel has increased significantly as well. The increase in the landfill account would be approximately $105,000.
The engineer reviewed the Iowa Department of Transportation FY09 budget with the board. Moved by Buch, seconded by Sanders, to approve the IDOT Secondary Road FY09 budget. All members voting aye thereon. Motion carried.
The engineer reviewed the Iowa Department of Transportation Secondary Road Construction Program for 2009-2013. The engineer reviewed the projects that are being proposed for the next five years, including bridges, resurfacing, seal coating, etc. Moved by Sanders, seconded by Buch, to approve the IDOT Secondary Road Construction Program for 2009-2013. All members voting aye thereon. Motion carried.
The Board spoke briefly about the creation of a committee to review the county’s emergency snow removal policy and potential appointees.
Moved by Buch, seconded by Sanders, to adjourn. All members voting aye thereon. Motion carried.
__________________________________
David Vermedahl, Chairman
ATTEST: ___________________________________
Jill Marlow, Benton County Auditor
April 10, 2008
The Benton County Board of Supervisors met in regular adjourned session with Supervisors Buch and Sanders present, Vermedahl was absent. Co-Chairman Buch called the meeting to order at 9:00 a.m.
Moved by Sanders, seconded by Buch, to approve the minutes of April 8, 2008. Both members voting aye thereon. Motion carried.
Moved by Sanders, seconded by Buch, to acknowledge the hiring of Dick Gaffield as a regular part-time Conservation employee to be paid $9 an hour effective April 2, 2008. Both members voting aye thereon. Motion carried.
Moved by Sanders, seconded by Buch, to acknowledge vacation carry over for Conservation employees Scott Bahmann, Jon Geiger, and Bob Urbain. Both members voting aye thereon. Motion carried.
Tamara Milton, representative of Senator Harkin’s office, met with the Board regarding the county’s federal infrastructure needs and problems. Myron Parizek, County Engineer was also present to discuss such needs. Parizek stated that the county has over 300 bridges and only about 30 of those have weight restrictions. And of those none are currently closed for unsafe reasons. If there is any damage, it is from age itself. Milton asked about the cost for such repairs and how many get replaced annually. The county goal is to replace 7-8 but over the last few years it has been on average about 3 per year. Milton asked where the funding comes from and what the costs were for the replacement of those bridges. Parizek stated that it mostly comes from our local road use tax and some is federal money. But for an example to replace a 100-foot bridge today compared to 5 years ago, the cost has nearly doubled and that is why fewer bridges get replaced each year.
Supervisor Buch stated that as a county supervisor, he feels as though the roads are our biggest issue. Using HWY 30 as its top priority. He thinks HWY 30 will help Interstate 80 and it makes sense to finish this project. Benton County is a feedback off of Linn County. Sanders stated that with the completion of the 4 lanes on HWY 30, it would be a big benefit for economic growth. Milton said she would definitely bring these issues up to Senator Harkin and asked for any more final concerns she should take back to him. That being said, Sanders added the issue of the continual rise in gas prices and although it is out of our control, it is still a main concern for all citizens these days.
Terry Johnson with Genesis Development provided an update on services being provided by his organization. Johnson reported that Benton County remains stable in the number of clients being served. The main issue he discussed with the board was the cash flow and budget problems. December is always a bad month but things are slowly starting to stable back out.
Moved by Sanders, seconded by Buch, to adjourn. Both members voting aye thereon. Motion carried.
__________________________________
Ronald Buch, Co- Chairman
ATTEST: ___________________________________
Hayley Rippel, Deputy Benton County Auditor
April 15, 2008
The Benton County Board of Supervisors met in regular adjourned session with Supervisors Buch, Vermedahl, and Sanders present. Chairman Vermedahl called the meeting to order at 3:00 p.m.
Moved by Buch, seconded by Sanders, to approve the minutes of April 10, 2008. All members voting aye thereon. Motion carried.
Moved by Sanders, seconded by Vermedahl, to adopt Resolution #08-17, HIRING KEVIN ATKINSON AS MAINTAINER OPERATOR. Voting aye were Vermedahl, Buch, and Sanders. Nays none. Motion carried.
Moved by Sanders, seconded by Buch, to state the rate for COBRA and retirees’ health insurance for FY09 at $395.47 for a single plan and $937.52 for a family plan. All members voting aye thereon.
Lacie Litton with Wellmark met with the Board regarding the county’s health insurance plan. Moved by Buch, seconded by Sanders, to renew the contract with Wellmark for FY09 health insurance services. All members voting aye thereon. Motion carried.
Moved by Buch, seconded by Sanders, to recess until 7:00 p.m. at the Wayne Siela residence at 5757 22nd Ave. Dr., Vinton, Iowa. Motion carried at 4:30 p.m.
The meeting was reconvened at 7:00 p.m. at 5757 22nd Ave. Dr., Vinton, Iowa.
The Board met with residents concerning the surface of roads around Rodger’s Park, specifically the possibility of sealcoating 22nd Ave. Drive from Hwy 218, north to 57th Street Trail. Wayne Siela served as the primary spokesman for the group of individuals representing residents along 22nd Ave. Drive. Kyle Hummel was also present to speak about surfacing 20th Ave. Dr to 57th Street Trail. Siela explained that the residents had held a meeting and would propose a special assessment being placed on their properties for a permanent hard surface road. Supervisor Vermedahl stated that the county had not created a special assessment of upgrading roads and that additional research would be done and directed Siela to contact him in regards to the assessment issue. Discussion was held on the possible costs of the road improvement with costs of anywhere from $75,000 to $1,000,000 depending upon the type of surface constructed. The distribution of the costs between the county and the property owners included various percentages of participation with a final determination dependent upon the costs.
Discussion also included when the project could begin and the group questioned if the road could be upgraded as early as this summer. Supervisor Vermedahl indicated that the board would like to see the county try to begin addressing the problem this year; however, Supervisor Buch stated that the Oak Grove Road project was the county’s first priority. The county engineer stated that he did not have funds available in his FY08 budget, but believed that a sealcoat could be paid from his FY09 budget for the area of 22nd Ave Dr beginning at Hwy 218 and ending at 57th Street Trail, which begins on July 1, 2008. The engineer indicated that grading and construction could begin sometime this summer, but that the actual sealcoat may have to wait until next year to be applied depending on how the road material settled. The base for the road would be from asphalt milling from an earlier project with two sealcoat applications on top. The engineer stated that by using the asphalt milling the costs for the improvement would be greatly reduced and estimated the cost to be around $76,500.00 while upgrading the road with a macadam base rock would be over $100,000. Siela questioned what the group needed to do to insure that the project was considered. Parizek stated that Chapter 311 of the Iowa Code puts the burden on the residents to present a signed petition containing specific requirements.
Kyle Hummel questioned how a special assessment would be determined stating that this is much different than a special assessment in a city due to the large amount of agricultural land adjacent to the road, adding that the assessment would be key and could be problematic. The group questioned if Benton County Conservation could be a partner in the costs. Supervisor Sanders stated that the money was still “county money” whether it came from conservation or secondary roads and that the conservation board did not budget for participation in the project. Kyle Hummel suggested that if 20th Ave. Dr. was not included in the surfacing project then the signage for Rodger’s Park should be moved to 22nd Ave. Dr., adding that the residents on 20th Ave. Dr. will be less than jubilant if that road is not included.
It was questioned what the maintenance costs for a sealcoated road were in comparison to a gravel road. The engineer stated that maintenance of a sealcoated road were greater with an estimate of $3,000 more per mile stated. Parizek stated that part of the increased costs is due to the need to reseal the surface every five years and the increase in winter maintenance costs. Parizek stated that over a twenty year period it would be further ahead to blacktop a road, but the problem is the high up front costs of blacktopping a road.
It was also asked if the county would participate in the cost of dust control this year if the road were not upgraded since the road is a “park road”. Parizek stated that county participation was a board decision and added that the cost of county applied dust control is the county’s cost and that other cheaper products were available. Parizek commented that the issues with county participation in dust control on park roads are: what parks are included, increased costs to the county, and what roads are designated as park roads as more than one road can be taken to the parks. It was suggested that camping fees be increased by $5.00 to help offset the costs.
Hummel stated to the board that the issue of upgrading the road to a hard surface is more than an issue of dust control for the local residents. That it is a safety issue due to the amount of road dust generated by the traffic and the amount of slow moving farm equipment. Hummel stated that he has had to sit at the end of his driveway for up to five minutes waiting for the dust to clear in order to enter onto the roadway safely and reiterated that this matter is a safety issue.
The board agreed that a project to upgrade the road to a hard surface beginning at Hwy 218, north on 22nd Ave. Dr. to 57th Street Trail, could be initiated in FY09. The county will research a special assessment with approximately 50% of the costs of the upgrade being borne by the residents along the roadway. The residents requested that the cost be distributed equally between them and not based on the value of the property. The board agreed to discuss the matter further on Tuesday, April 22, 2008, during their regular board meeting.
Moved by Sanders, seconded by Buch, to adjourn. All members voting aye thereon. Motion carried at 8:50 p.m.
__________________________________
David Vermedahl, Chairman
ATTEST: ___________________________________
Jill Marlow, Benton County Auditor
April 15, 2008
The Benton County Board of Supervisors met in regular adjourned session with Supervisors Buch, Vermedahl, and Sanders present. Chairman Vermedahl called the meeting to order at 3:00 p.m.
Moved by Buch, seconded by Sanders, to approve the minutes of April 10, 2008. All members voting aye thereon. Motion carried.
Moved by Sanders, seconded by Vermedahl, to adopt Resolution #08-17, HIRING KEVIN ATKINSON AS MAINTAINER OPERATOR. Voting aye were Vermedahl, Buch, and Sanders. Nays none. Motion carried.
Moved by Sanders, seconded by Buch, to state the rate for COBRA and retirees’ health insurance for FY09 at $395.47 for a single plan and $937.52 for a family plan. All members voting aye thereon.
Lacie Litton with Wellmark met with the Board regarding the county’s health insurance plan. Moved by Buch, seconded by Sanders, to renew the contract with Wellmark for FY09 health insurance services. All members voting aye thereon. Motion carried.
Moved by Buch, seconded by Sanders, to recess until 7:00 p.m. at the Wayne Siela residence at 5757 22nd Ave. Dr., Vinton, Iowa. Motion carried at 4:30 p.m.
The meeting was reconvened at 7:00 p.m. at 5757 22nd Ave. Dr., Vinton, Iowa.
The Board met with residents concerning the surface of roads around Rodger’s Park, specifically the possibility of sealcoating 22nd Ave. Drive from Hwy 218, north to 57th Street Trail. Wayne Siela served as the primary spokesman for the group of individuals representing residents along 22nd Ave. Drive. Kyle Hummel was also present to speak about surfacing 20th Ave. Dr to 57th Street Trail. Siela explained that the residents had held a meeting and would propose a special assessment being placed on their properties for a permanent hard surface road. Supervisor Vermedahl stated that the county had not created a special assessment of upgrading roads and that additional research would be done and directed Siela to contact him in regards to the assessment issue. Discussion was held on the possible costs of the road improvement with costs of anywhere from $75,000 to $1,000,000 depending upon the type of surface constructed. The distribution of the costs between the county and the property owners included various percentages of participation with a final determination dependent upon the costs.
Discussion also included when the project could begin and the group questioned if the road could be upgraded as early as this summer. Supervisor Vermedahl indicated that the board would like to see the county try to begin addressing the problem this year; however, Supervisor Buch stated that the Oak Grove Road project was the county’s first priority. The county engineer stated that he did not have funds available in his FY08 budget, but believed that a sealcoat could be paid from his FY09 budget for the area of 22nd Ave Dr beginning at Hwy 218 and ending at 57th Street Trail, which begins on July 1, 2008. The engineer indicated that grading and construction could begin sometime this summer, but that the actual sealcoat may have to wait until next year to be applied depending on how the road material settled. The base for the road would be from asphalt milling from an earlier project with two sealcoat applications on top. The engineer stated that by using the asphalt milling the costs for the improvement would be greatly reduced and estimated the cost to be around $76,500.00 while upgrading the road with a macadam base rock would be over $100,000. Siela questioned what the group needed to do to insure that the project was considered. Parizek stated that Chapter 311 of the Iowa Code puts the burden on the residents to present a signed petition containing specific requirements.
Kyle Hummel questioned how a special assessment would be determined stating that this is much different than a special assessment in a city due to the large amount of agricultural land adjacent to the road, adding that the assessment would be key and could be problematic. The group questioned if Benton County Conservation could be a partner in the costs. Supervisor Sanders stated that the money was still “county money” whether it came from conservation or secondary roads and that the conservation board did not budget for participation in the project. Kyle Hummel suggested that if 20th Ave. Dr. was not included in the surfacing project then the signage for Rodger’s Park should be moved to 22nd Ave. Dr., adding that the residents on 20th Ave. Dr. will be less than jubilant if that road is not included.
It was questioned what the maintenance costs for a sealcoated road were in comparison to a gravel road. The engineer stated that maintenance of a sealcoated road were greater with an estimate of $3,000 more per mile stated. Parizek stated that part of the increased costs is due to the need to reseal the surface every five years and the increase in winter maintenance costs. Parizek stated that over a twenty year period it would be further ahead to blacktop a road, but the problem is the high up front costs of blacktopping a road.
It was also asked if the county would participate in the cost of dust control this year if the road were not upgraded since the road is a “park road”. Parizek stated that county participation was a board decision and added that the cost of county applied dust control is the county’s cost and that other cheaper products were available. Parizek commented that the issues with county participation in dust control on park roads are: what parks are included, increased costs to the county, and what roads are designated as park roads as more than one road can be taken to the parks. It was suggested that camping fees be increased by $5.00 to help offset the costs.
Hummel stated to the board that the issue of upgrading the road to a hard surface is more than an issue of dust control for the local residents. That it is a safety issue due to the amount of road dust generated by the traffic and the amount of slow moving farm equipment. Hummel stated that he has had to sit at the end of his driveway for up to five minutes waiting for the dust to clear in order to enter onto the roadway safely and reiterated that this matter is a safety issue.
The board agreed that a project to upgrade the road to a hard surface beginning at Hwy 218, north on 22nd Ave. Dr. to 57th Street Trail, could be initiated in FY09. The county will research a special assessment with approximately 50% of the costs of the upgrade being borne by the residents along the roadway. The residents requested that the cost be distributed equally between them and not based on the value of the property. The board agreed to discuss the matter further on Tuesday, April 22, 2008, during their regular board meeting.
Moved by Sanders, seconded by Buch, to adjourn. All members voting aye thereon. Motion carried at 8:50 p.m.
__________________________________
David Vermedahl, Chairman
ATTEST: ___________________________________
Jill Marlow, Benton County Auditor
April 17, 2008
The Benton County Board of Supervisors met in regular adjourned session with Supervisors Buch, Vermedahl, and Sanders present. Chairman Vermedahl called the meeting to order at 9:00 a.m.
Moved by Sanders, seconded by Buch, to approve the minutes of April 15, 2008. 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 Greg Mason, the board took up the matter for consideration. There were four members of the public present. Supervisor Vermedahl opened the public hearing by stating that he must abstain due to his position on the Virginia Gay Hospital Board of Directors; however, it was his position that the matter not be decided upon today to allow the supervisors the opportunity to view the site. Marc Greenlee presented the technical review in accordance with the Benton County Agricultural Land Use Preservation Ordinance. The request is for a land use change to a new commercial use for a salvage yard in Monroe Township. Greenlee reported that a land use change had been granted to the applicant in 1995 for restoring antique and classic cars. The 1995 change stipulated that the creation of a junkyard was prohibited. Greenlee reported that approximately four to five months ago, the Department of Natural Resources (DNR) went to the site in response to a complaint of illegal burning. The DNR found that the applicant was conducting a salvage operation and was informed the DNR permitting was required. The DNR subsequently informed Greenlee of the operation. Greenlee met with the applicant and the applicant agreed to submit a request for a new commercial use. Greenlee reviewed pictures of the site with the supervisors that reflected old vehicles, piles of metal, empty barrels, and a brush pile containing garbage. Those present were given the opportunity to speak with all comments heard being opposed to the new use. Some of the specific concerns were the creation of a junkyard and the environmental impact. The applicant stated that if approval for the new use hinged on the elimination of the vehicles, he would voluntarily forgo the auto part portion of the business. Discussion was also held on the DNR’s role in the oversight of the junkyard and the permitting requirements. Supervisor Buch stated that one of the first calls he received, and annually since then, was regarding the junk at this site. Buch added that he drives by the site about every two months and there has never been any indication that the applicant was trying to clean the site up. Buch continued that approval of this application will be difficult for him based on the past history and that the applicant did not even attempt to clean the site prior to the hearing today. Supervisor Sanders stated that after looking at the pictures he was drawing the same conclusions, but sometimes pictures may not be an accurate reflection and that he would like to visit the site. The chair then temporarily closed the public hearing, pending a review of the site by the supervisors on April 24, 2008, at 10:00 a.m. The matter is placed on the April 29, 2008 agenda at 9:30 a.m. for further consideration
The time of 9:30 a.m. having arrived, and this being the time and date set for a public hearing on a land use change requested by Tom and Bethany Clemenson, the board took up the matter for consideration. Bethany Clemenson was present for the hearing as well as adjacent property owner John Tuthill representing Wendling Quarries. Marc Greenlee presented the technical review in accordance with the Benton County Agricultural Land Use Preservation Ordinance. The request is for land use change from agricultural use to a single residential use in Benton Township. Greenlee reported that access to the property is through various easements. John Tuthill stated that he wanted the applicant to be aware that Wendling Quarries owns property adjacent to the applicant’s property on the north side, and that the Quarry will be developing that property into a quarry in the future. The Quarry in accordance with state regulations requires a fifty to one hundred foot setback from the property line. Tuthill advised that there will be blasting involved with the quarry operation. Tuthill also stated that the plans were to construct a boundary fence, which the applicant will be responsible for constructing fifty percent. The applicant advised that she was aware of the quarry operation and the issues associated with it. Hearing all comment, it was moved by Buch, seconded by Vermedahl, to approve a land use change on approximately one acre generally described as being a Part of the SE1/4 of 15-85-9 for a single residential use. All members voting aye thereon. Motion carried.
Mark Pigenot, Conservation Board Chairman, and Will Heber, Conservation Director, met with the Board to discuss the financial plans for the purchase of the Fry property by Hannen Park. The conservation board entered into a purchase agreement several years ago and was requesting a budget amendment to allow for completion of the purchase. The Board directed Heber to provide the auditor with the information for inclusion in the budget amendment to take place in May.
The board spoke briefly with Marc Greenlee, Land Use Administrator, about the flood insurance program. It was decided that the issue would be discussed between Supervisor Vermedahl and Greenlee within the next several weeks, and return to the board with a recommendation.
Moved by Sanders, seconded by Buch, to approve the minutes of April 15, 2008. All members voting aye thereon. Motion carried.
Moved by Sanders, seconded by Buch, to approve the recorder’s quarterly report for the period ending March 31, 2008. All members voting aye thereon. Motion carried.
Paul Greufe of PJ Greufe & Associates met with the board about providing human resource services to Benton County. Greufe explained that he charges a monthly fee, which provides for an audit, monthly department head meetings, and provides consultation services for a myriad of human resource issues. The supervisors advised that they would consider the services and if interested contact Greufe.
Moved by Buch, seconded by Sanders, to adopt Resolution #08-18, DRIVEWAY RESOLUTION. Voting aye were Vermedahl, Buch, and Sanders. Nays none. Motion carried.
Moved by Sanders, seconded by Buch, to approve a utility permit requested by Alliant Energy to place utility lines in the county’s right-of-way in Sections 28 and 33 of Kane Township. All members voting aye thereon. Motion carried.
Moved by Sanders, seconded by Buch, to set May 6, 2008, at 10:00 a.m., for a public hearing on vacating a portion of the road located in Section 34 of Benton Township south of 61st Street Lane and 32nd Avenue. All members voting aye thereon. Motion carried.
Moved by Buch, seconded by Sanders, to adjourn. All members voting aye thereon. Motion carried.
__________________________________
David Vermedahl, Chairman
ATTEST: ___________________________________
Jill Marlow, Benton County Auditor
April 22, 2008
The Benton County Board of Supervisors met in regular adjourned session with Supervisors Buch, Vermedahl, and Sanders present. Chairman Vermedahl called the meeting to order at 9:00 a.m.
Moved by Sanders, seconded by Buch, to approve checks numbered 99303 through 99517, payroll numbered 99152 through 99302, and ACH checks numbered 2714 through 2808, for payment. All members voting aye thereon. Motion carried.
Moved by Sanders, seconded by Buch, to set May 22, 2008, at 2:00 p.m., as the time and date for a bid letting for the courthouse rehabilitation tuck-pointing. All members voting aye thereon. Motion carried.
Moved by Buch, seconded by Sanders, to authorize the chair to sign the contract amendment for an extension to the Community Development Block Grant contract #03-WS-040. All members voting aye thereon. Motion carried.
Moved by Buch, seconded by Sanders, to approve the minutes of July 15, 2008. All members voting aye thereon. Motion carried.
Moved by Sanders, seconded by Buch, to approve a utility permit requested by Farmer’s Mutual Telephone Company to place utility lines in the county’s right-of-way in section 21 of Benton Township. All members voting aye thereon. Motion carried.
The Board met with residents around Rodger’s Park regarding improvements to the road surface on 22nd Ave Drive north from Highway 218 to 57th Street Trail. The board spoke about the creation of an assessment district or the possibility of the property owners paying 50% of the improvement costs prior to the beginning of the project. Moved by Buch, seconded by Sanders, that Benton County proceed with the necessary legal documents to assess 50% of the $78,000 cost to upgrade 22nd Ave. Dr., north from Highway 218, to 57th St. Trl, to seventeen households benefiting from the upgrade who have agreed to pay 50% of the totals costs. The 50% property owner costs can be paid through a five-year assessment at a rate of 6% interest per year. The auditor is directed to have the necessary paperwork prepared. All members voting aye thereon. Motion carried.
Moved by Sanders, seconded by Vermedahl, to adjourn. All members voting aye thereon. Motion carried.
__________________________________
David Vermedahl, Chairman
ATTEST: ___________________________________
Jill Marlow, Benton County Auditor
April 24, 2008
The Benton County Board of Supervisors met in regular adjourned session with Supervisors Buch, Vermedahl, and Sanders present. Chairman Vermedahl called the meeting to order at 9:00 a.m.
Moved by Buch, seconded by Sanders, to approve the minutes of April 22, 2008. All members voting aye thereon. Motion carried.
Moved by Sanders, seconded by Buch, to set May 20, 2008, at 9:15 a.m., as the time and date for a public hearing on a land use change requested by Craig Musil on a parcel located in the SE1/4 of the NE1/4 of 2-84-9. All members voting aye thereon. Motion carried.
Moved by Buch, seconded by Sanders, to adopt Resolution #08-19. ABATEMENT OF TAX AND PENALTY. Voting aye were Vermedahl, Buch, and Sanders. Nays none. Motion carried.
Moved by Buch, seconded by Sanders, to adopt Resolution #08-20. APPROVE HIRE OF ELECTIONS CLERK. Voting aye were Vermedahl, Buch, and Sanders. Nays none. Motion carried.
The time of 9:15 a.m. having arrived and this being the time and date for a public hearing on the Status of Funds for the Community Development Group Block Grant for the Watkins Wastewater Treatment project, Chairman Vermedahl declared the public hearing open. Gary Hughes with East Central Iowa Council of Governments presented the information for the hearing. There was one member of the media present, as well as a representative of Poweshiek Water Association. There were no members of the public present.
THE STATUS OF FUNDED ACTIVITIES FOR THE SANITARY SEWER COLLECTION AND TREATMENT PROJECT IN THE COMMUNITY OF WATKINS, AS ASSISTED BY THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
As required for this hearing, it is noted that:
a. For a general description of accomplishments to-date, the transmission mains and manholes, treatment site and lift station, and seeding have all been completed and approximately 40% of service connections have been completed. The wastewater system is fully functional and operating well.
b. For a summary of expenditures to-date, (for invoices processed for payment through September, 2007), $370,087.52, or 58.4%, of the project’s development budget of $633,550 has been expended.
c. For a general description of remaining work, approximately 60% of service connections remain to be completed, as well as related clean-up.
d. For a general description of changes made to the project budget, performance targets, activity schedules, project scope, location, objectives or beneficiaries, higher than anticipated legal costs were incurred with acquisition of the treatment site property and the adoption of a “28E” agreement and related ordinances. The project also incurred a cost over-run of $59,000 with the transmission mains contractor due to “de-watering” that was needed to safely and correctly set the lift station in order to enable the railroad crossing at the west side of the highway. Due to inclement weather it was only possible to “hook-up” a few homes prior to the on-set of winter in 2007, thereby causing the remainder of work to be scheduled for completion during the spring of 2008. Dependent upon weather conditions, the remaining work is anticipated to be completed prior to June 30, 2008. Time of performance for the CDBG contract is allowed through July 31, 2008.
Public in Attendance: 1 Newspaper reporter, 0 citizens.
Hearing no further comment. Chairman Vermedahl declared the public hearing closed.
Supervisor Buch reported on meeting with the Department of Natural Resources regarding the county’s landfill operation. Buch reported that the DNR advised that there are several violations at the landfill and if corrective action is not taken, then the matter will be forwarded to the attorney general for legal action. Buch spoke specifically about water ponding on terraces and blowing garbage around the property. The engineer reported that the blowing garbage must be addressed immediately.
Moved by, seconded by, to approve a contract with Allen Hospital for mental health commitment services, retroactive to March 1, 2008, and ending June 30, 2008, at a rate of $440.00 per day. All members voting aye thereon. Motion carried.
The Board traveled to 6059 15th Ave, Garrison, to view the property relative to a request for a land use change. The Board met with the applicant and toured the property. The applicant stated that if the land use change were granted that he would have the vehicles removed by the end of the summer.
Moved by Sanders, seconded by Buch, to adjourn. All members voting aye thereon. Motion carried.
__________________________________
David Vermedahl, Chairman
ATTEST: ___________________________________
Jill Marlow, Benton County Auditor
April 29, 2008
The Benton County Board of Supervisors met in regular adjourned session with Supervisors Buch, Vermedahl, and Sanders present. Chairman Vermedahl called the meeting to order at 9:00 a.m.
Moved by Buch, seconded by Sanders, to approve the minutes of April 24, 2008. All members voting aye thereon. Motion carried.
Moved by Buch, seconded by Sanders, to approve a claim for $2,000.00 loan between General Basic and Benton County Flexible Benefit Fund. All members voting aye thereon. Motion carried.
Moved by Sanders, seconded by Buch, to approve 15 hours vacation carry over for Anthony Janney to be used by August 1, 2008. All members voting aye thereon. Motion carried.
The time of 9:15 a.m. having arrived, and this being the time and today being the date set for a public hearing on a land use change requested by Jake and Michelle Smithhart, the board took up the matter for consideration. Jake Smithhart and his realtor were present along with Ron Boyer, representing Richard Kundel. Marc Greenlee presented the technical review in accordance with the Benton County Agricultural Land Use Preservation Ordinance. The request is for a land use change from an agricultural use to a single residential use in Canton Township. Hearing all comment, it was moved by Sanders, seconded by Buch, to approve a land use change on approximately three acres out of the ten acres they purchased generally described as being a parcel located in the NE1/4 SW¼ of 3-84-9 (Canton Township) for single residence. All members voting aye thereon. Motion carried. Supervisor Sanders reminded the applicants that they would be living on a gravel road and that there would be dust and that the county has no plans to upgrade the road. Dust control is at the applicants’ expense.
The time of 9:30 a.m. having arrived and this being the time and date for a public hearing on the land use change requested by Gregory R. Mason. The Board previously traveled to 6059 15th Ave, Garrison, to view the property and met with the applicant relative to the land use change. Supervisor Vermedahl opened the public hearing by stating that he must abstain due to his position on the Virginia Gay Hospital Board of Directors. Gregory Mason along with two members of the public was present. There were no members of the media. Hearing no public comments. Chairman Vermedahl declared the public hearing closed. Motion by Buch to deny the land use change for a parcel into a new commercial use for a salvage yard in Section 26 of Monroe Township due to its current condition. Seconded by Sanders. In discussion, Supervisor Buch stated that after seeing no signs of improvements to clean up the land according to the prior land use change in 1995. The change stipulated that the creation of a junkyard was prohibited. Sanders added that he has to agree with what nuisances state this land is currently in. Supervisor Vermedahl reminded Mason that the current land use on his ground was for an antique auto dealership. He questioned if licensed thru the DOT. Greenlee answered that it is active with the DOT under license # D719. Mason then asked if he were to clean up his so-called junk and make it presentable if the board would re-consider the change. Buch told him that he is welcome to re-apply for the change but that the $500 application fee would still apply. Mason then asked about getting a temporary permit just for the summer. Sanders explained to him that is not in our current county ordinance to give out any temporary permits for any land use changes. But that he would definitely like to see it get cleaned up. Sanders also recommended that Mason get a copy of our land use ordinance and read thru it so he knows the language of it and understands such requirements of the ordinance. Mason explained to the board the reason it hasn’t been cleaned up is he does work a full time job and only does this in his free time. Buch stated that the country realized this and that is why at this current time we must deny this change. Having no further discussion. Buch and Sanders voting aye, Vermedahl abstained. Motion carried.
The Engineer discussed issues at the landfill. Supervisor Buch informed him of the workers that were in the process of picking up plastic this week. They will need to decide on payment for this. The Engineer was going there today and was finishing his inspection report due by the end of this week.
Moved by Sanders, seconded by Buch, to adjourn. All members voting aye thereon. Motion carried.
__________________________________
David Vermedahl, Chairman
ATTEST: ___________________________________
Hayley Rippel, Deputy Benton County Auditor