DECEMBER BOARD MINUTES
December 4, 2007
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.
Moved by Buch, seconded by Vermedahl, to set January 2, 2008, at 9:15 a.m., as the time and date for a public hearing on a land use change requested by Mike and Tami Stephens on a parcel located in the NW1/4 of the SW1/4 of 3-84-9. All members voting aye thereon. Motion carried.
Moved by Vermedahl, seconded by Buch, to approve the minutes of November 27, 2007. All members voting aye thereon. Motion carried.
Moved by Buch, seconded by Vermedahl that all future advertisements for county conservation board members allow persons to apply at-large instead of by area. All members voting aye thereon. Motion carried.
Moved by Vermedahl, seconded by Buch, to adopt Resolution #07-59, PERTAINING TO THE USE OF SECONDARY ROADS IN BENTON COUNTY, IOWA BY RAGBRAI AND BY CYCLISTS IN GENERAL. Voting aye were Sanders, Vermedahl, and Buch. Nays none. Motion carried.
Supervisor Vermedahl requested that the Board actively study enacting the National Flood Insurance program.
Moved by Vermedahl, seconded by Buch, to authorize the chair to sign rent reimbursement requests for Department of Human Services Targeted Case Management. Allow members voting aye thereon. Motion carried.
Moved by Buch, seconded by Vermedahl, to accept the resignations and/or seasonal terminations of Don Merchant, Bob Beyer, Jackson Tennant and D.J. Mulder. All members voting aye thereon. Motion carried.
Moved by Vermedahl, seconded by Buch, to accept the resignation of Marvin Andrews, effective January 4, 2008, due to retirement. All numbers voting aye thereon. Motion carried.
Moved by Buch, seconded by Vermedahl, to approve a request by Marc Greenlee to carry-over 52.5 hours of vacation, said carry-over is to be used no later than May 1, 2007. All members voting aye thereon. Motion carried.
Moved by Vermedahl, seconded by Buch, to adjourn. All members voting aye thereon. Motion carried.
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Jason Sanders, Chairman
ATTEST: ___________________________________
Jill Marlow, Benton County Auditor
December 11, 2007
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.
Moved by Vermedahl, seconded by Buch, to approve the minutes of December 6, 2007. All members voting aye thereon. Motion carried.
Moved by Buch, seconded by Vermedahl, to approve checks numbered 96575 through 96808, payroll numbered 96481 through 96574, and ACH checks numbered 1872 through 1965, for payment. All members voting aye thereon. Motion carried.
Moved by Buch, seconded by Vermedahl, to adopt Resolution #07-60, AMENDING FY08 BUDGET WITHIN SERVICE AREA. Voting aye were Sanders, Vermedahl, and Buch. Nays none. Motion carried.
Rick Primmer met with the Board to request a variance to the county’s subdivision ordinance. Primmer is considering the purchase of property adjacent to the city limits of Urbana. The property is pre-existing and has been foreclosed on and in order to purchase the property, a division is required between two facilities located on the property. The division subjects the property to the county’s subdivision ordinance. Primmer has received approval from the health department relative to the sewer and water on the properties. Primmer has also received preliminary approval from the city regarding the division. Primmer stated that the county’s subdivision ordinance requires that roads be paved and was requesting a variance to that requirement. Having fully discussed the matter, it was moved by Buch, seconded by Sanders, to grant a variance to the Benton County Subdivision Ordinance relative to the requirement for a hard surfaced road due as strict compliance would result in an extraordinary hardship to the subdivider. The variance does not have the effect of nullifying the intent and purpose of the ordinance, the property has gone through foreclosure and the variance will insure that the property can continue to be used for a commercial purpose which is in the best interest of Benton County and the City of Urbana does not object to the subdivision. Voting aye were Sanders and Buch. Vermedahl abstained. Motion carried.
Will Heber, Executive Director of Benton County Conservation, met with the Board regarding the issue of illegal dumping in the county parks. Heber asked if the tipping fee at the landfill could be waived when dumped items are taken to the landfill. Supervisor Sanders questioned if secondary roads paid the tipping fee did when they took items left in county ditches to the landfill. Supervisor Buch advised that secondary roads does not get charged when they take items to the landfill and didn’t believe that conservation should have to pay either. Supervisor Vermedahl stated that disposal of white goods cost the county and there would be an impact. Engineer Parizek commented that he believes that the matter can be worked out between conservation and the landfill, and that tipping fees for items left at county parks can be waived provided that the items are not generated by conservation. Waste items created through the operation of conservation should be charged to that department as well as any other department.
Moved by Vermedahl, seconded by Buch, to approve a utility permit requested by Iowa Telecom to place utility lines in the county’s right-of-way in Section 36 of Iowa Township. All members voting aye thereon. Motion carried.
The engineer reported that the balance of the landfill account in Blairstown on November 30, 2007, was $45,733.96.
Moved by, seconded by, to approve 37.75 hours of vacation carry-over requested by Elaine Bolton. Said carry-over is to be used by May 1, 2008. All members voting aye thereon. Motion carried.
Les Moore met with the Board to discuss the status of closing a segment on the old E36 going straight south of the Oak Grove Church. The road right-of-way in question is not being used by the county, but does provide access to an adjoining residence. The engineer stated that it was his intention to tie the closing of the segment in when he worked on easement purchases for the Oak Grove road project.
The engineer spoke to the board regarding the extension of a Family Medical Leave Act (FMLA) qualifying leave. The engineer stated that he spoke with a consultant last week, which advised that the county could extend a FMLA leave; however his advice was to have a policy similar to Benton County’s. The engineer stated that he has received a request from an employee for an extension to his leave until January 1st. Parizek stated that the labor contract with secondary roads allows for a leave absence; however the employee cannot be eligible for fringe benefits, including that health insurance premiums shall be paid by the employee during a leave of absence. Parizek stated that if an employee is on FMLA the county is required to continue paying the county’s portion of the health insurance premium. Supervisor Vermedahl stated that by allowing an extension, the county is making a policy decision that could affect future actions. Vermedahl stated that the union has negotiated language for a leave of absence and that the county should not veer from the policy as negotiated. Moved by Vermedahl, seconded by Buch, that the county is not considering any changes to leave policies at this time. All members voting aye thereon. Motion carried.
The board discussed the request by sheriff’s deputy Michael Ferguson to make an exception to the Benton County Employee Handbook, relative to his request to convert unused sick leave to pay. The Handbook requires that employees submit in writing their requests for conversion by June 1st and December 1st of each year. Ferguson did not make his request timely and is requesting that the conversion be granted anyway. The county engineer advised that he also failed to make his request for conversion on a timely basis and will be asking for the same consideration. Moved by Vermedahl, seconded by Buch, to grant the request to make exceptions to the handbook regarding the deadlines
Moved by Vermedahl, seconded by Buch, to grant the exception to the deadline provided the request is made within fifteen days of the deadline and the employee is allowed to miss the deadline one time. All members voting aye thereon. Motion carried.
Moved by Vermedahl, seconded by Buch, to adjourn. All members voting aye thereon. Motion carried.
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Jason Sanders, Chairman
ATTEST: ___________________________________
Jill Marlow, Benton County Auditor
December 18, 2007
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.
Moved by Buch, seconded by Vermedahl, to approve the minutes of December 11, 2007. All members voting aye thereon. Motion carried.
Will Heber, Executive Director of Benton County Conservation, met with the Board to provide each supervisor with a folder of concerns that he has within the county parks with photos and descriptions pertaining to each concern. He also gave an update on the progress of the remodeling of the Hannen Park Ranger’s house.
Moved by Vermedahl, seconded by Buch, to agree with the County Conservation Board’s recommendation for 3-½ hours holiday pay for full-time employees to use on Friday December 21, 2007. All members voting aye thereon. Motion carried.
Moved by Buch, seconded by Vermedahl, to approve 21.50 hours of vacation carry-over requested by Hayley Rippel. Said carry-over will be used by January 31, 2008. All members voting aye thereon. Motion carried.
Michael Ruden of Durrant Group met with the Board to discuss the courthouse repair project. Ruden stated that they are in the constructing documents phase and he needs some answers as to which way to proceed. Sanders said they do have some questions and need some clarifications of the contract. He thought there would be preliminary cost estimates for the different phases. Ruden said he would remove that wording from the contract because he is not providing that.
Ruden brought with him samples of different roofing materials, artificial slate as opposed to real and the pros and cons to both. The artificial cost about half as much as the real, but only lasts about 40 years instead of 100 years for the real slate. But if properly cared for the artificial should last a lot longer. They also discussed the replacement of windows and costs of double pane vs. pour and de-bridge. The double pane will cost 15% more but will last a lot longer and be much easier to care for. Supervisor Vermedahl said he thinks the priority at this time should be the roof and start there and then work their way down, as the budget will allow. The Board still has a few things they want to discuss before moving further so they are putting it back on the agenda for Thursday December 20th and will let Durrant know by phone after the meeting. Ruden reminded them about the intent was to have the documents completed by January 12th in order to allow over 30 days for the bidding process, so the sooner they decide the better.
Moved by Buch, seconded by Vermedahl, to adopt Resolution #07-61, Bridge Embargo Removal for 2007 Bridge Replacements. Voting aye were Sanders, Vermedahl, and Buch. Nays none. Motion carried.
The supervisors discussed the renting of county owned farm ground. Buch mentioned the tiling that needs done by the landfill and how that will interfere with the seeding process this spring. Maybe not renting this ground out this year or possibly making it a 5-year lease with that in mind. He also advised that other counties request proof of credit along with their bids. That maybe Benton County should do this and have the leases longer then one year. They will discuss it further with the auditor before advertising in the paper.
Moved by Vermedahl, seconded by Buch, to adjourn. All members voting aye thereon. Motion carried.
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Jason Sanders, Chairman
ATTEST: ___________________________________
Hayley Rippel, Deputy Benton County Auditor
December 20, 2007
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.
Moved by Buch, seconded by Vermedahl, to approve 37.5 hours of vacation carry-over requested by Barbara Greenlee, said carry-over to be used by June 1, 2008. All members voting aye thereon. Motion carried.
Moved by Buch, seconded by Vermedahl, to approve the Veterans’ Affairs Quarterly Report for the period ending December 2007. All members voting aye thereon. Motion carried.
Moved by Vermedahl, seconded by Buch, approve a Class C Beer Permit for Kimm’s Mini Mart. 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 Mike and Kathy Becker, the board took up the matter for consideration. There were five persons present for the hearing. Marc Greenlee presented the technical review in accordance with the Benton County Agricultural Land Use Preservation Ordinance. The request is for a new use on a pre-existing non-agricultural use in Fremont Township to allow for a golf cart repair service in an existing building located on the property. Becker explained that he will service golf carts for one client and does not intend to solicit additional business. Becker also stated that he may do some classic/antique care repair as well, but that would not include in body work, but only brake lines, wheel bearings, etc. Persons present held discussion that the one-acre was currently in agricultural use and adjacent property owners had been told they could not get land use changes or prosecuted for storing car bodies on agricultural ground. That Becker is currently storing golf carts on the north acre of his property. The Board explained that the request is not to change the use of the acre lying to the north and adjacent to his property. Greenlee explained that Becker currently has semi trailers parked on the ground that are being used as storage for his own personal belongings. Greenlee stated that storage of golf carts on that acre would constitute a commercial use and would be a violation. Curt Duffield and Fred Reiner stated that they would be storing personal property on their adjoining farm ground as well. It was clarified that the today’s change request was not for the north acre owned by the applicant but only for the acre where the buildings were located. Duffield stated that if the change did not include the north acre owned by Becker, then the golf carts, etc. currently being stored there should be removed and that he will file the necessary papers to begin the procedure to have them removed. Both Duffield and Reiner stated that they did not oppose the applicant’s request, only that laws should be applied equally to everyone. Hearing all comment, it was moved by Vermedahl, seconded by Buch, to approve a new non-agricultural land use change on approximately one acre generally described as being the south acre owned by the applicant located in a Part of the SW1/4 of 26-83-9 for a commercial use, and specifically excludes the north acre of the parcel owned by the applicant. All members voting aye thereon. Motion carried.
Mary Williams, Social Services Director, met with the Board to discuss the following matters: Williams requested that a wage increase be granted to John Delaney for snow removal services and janitorial services being performed. Williams advised that Delaney has not received an increase for several years. Williams requested that Delaney be given a wage of $15.00 per occurrence for snow removal and $8.15 per hour for janitorial services. Moved by Buch, seconded by Vermedahl, to adopt Resolution #07-62, AMENDING JANITORIAL/SNOW REMOVAL AGREEMENT BETWEEN BENTONCOUNTY AND JOHN DELANEY. Voting aye were Sanders, Vermedahl, and Buch. Nays none.
Williams updated the Board on the need to decide whether a transfer would be made into the Mental Health fund. Iowa law provides that the county can transfer funds into mental health but it must be done during this fiscal year.
Williams spoke about changes to the community services website for data collection, which is replacing the current system.
Williams also spoke about the goals set for her position for the performance evaluation process being developed. Williams reviewed the goals that she developed and asked for input from the supervisors. Sanders advised that the board was reviewing the goals, but that she could submit the plan as she developed.
Moved by Vermedahl, seconded by Buch, to approve the minutes of December 18, 2007. All members voting aye thereon. Motion carried.
The county engineer discussed the status of his employment contract. The engineer advised that his current contract expired yesterday, at the direction of the supervisors. The board advised that there were several areas that the board wished to address, but added that no other appointed position had employment contracts. The engineer stated that some counties have contracts with their engineer and some do not. The Board asked that the matter be placed on the January 8, 2008, agenda for more in-depth discussion.
The Board continued discussion on the contract between Benton County and Durant Engineering for the courthouse repair project. The county attorney provided advice on the legalities of certain contract conditions and recommended that a new contract be entered into with specific changes. Supervisor Vermedahl is to contact Durrant and request a revised contract be created.
Moved by Buch, seconded by Vermedahl, to approve the minutes of December 18, 2007. All members voting aye thereon. Motion carried.
Moved by Buch, seconded by Vermedahl, to adjourn. All members voting aye thereon. Motion carried.
__________________________________
Jason Sanders, Chairman
ATTEST: ___________________________________
Jill Marlow, Benton County Auditor
December 24, 2007
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.
Supervisors Sanders and Buch attended the meeting by telephone as the only agenda item was approval of the claims and holding the meeting by telephone provided a cost savings to the county by eliminating mileage expense. Claims had been mailed to the members prior to the meeting for review and the meeting was held by speaker phone so that the public could participate.
Moved by Buch, seconded by Vermedahl, to approve checks numbered 96809 through 96977, and payroll numbered 96978 through 97072, and ACH payments 1966 through 2059, for payment. All members voting aye thereon. Motion carried.
Moved by Vermedahl, seconded by Buch, to adjourn. All members voting aye thereon. Motion carried.
__________________________________
Jason Sanders, Chairman
ATTEST: ___________________________________
Jill Marlow, Benton County Auditor
December 27, 2007
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.
Moved by Vermedahl, seconded by Buch to approve the minutes of December 20, 2007 and December 24, 2007. All members voting aye thereon. Motion carried.
Moved by Buch, seconded by Vermedahl, to acknowledge the receipt of the updated manure management plan submitted by Christensen Farms Midwest, LLC in Section 2 of Jackson Township. All members voting aye thereon. Motion carried.
The Board discussed the listing of persons to be appointed January 1, 2008 to the various boards and commissions in Benton County and made several calls to possible appointees.
Brian Gruhn met with the Board of Supervisors to present the labor contract with Secondary Raods PPME Union. Moved by Vermedahl, seconded by Buch, to approve the tentative agreement between Benton County and the Secondary Roads Union PPME Local 2003 providing for a one-year contract beginning July 1, 2008 and ending June 30, 2009. Both members voting aye thereon. Motion carried. The tentative agreement provides for 50 cent wage increase, with no change in health insurance. There was an agreement of a one-time paid holiday of one-half day on December 24, 2007 and a one-time paid holiday of December 26, 2008.
Moved by Vermedahl, seconded by Buch to adjourn the meeting at 11:30 a.m. All members voting aye thereon. Motion carried
_____________________________________
Jason Sanders, Chairman
ATTEST: ________________________________________
Brenda Sutton, Benton County Deputy Auditor