Government : Benton County Board of Supervisors Minutes, 10/1/13

October 1, 2013

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

Moved by Hertle, seconded by Frese, to approve the minutes of September 24, 2013. Both members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Frese, to approve the auditor’s quarterly report for the period ending September 30, 2013. Both members voting aye thereon. Motion carried.

Marc Greenlee spoke to the board concerning the issuance of a draft permit by the Department of Natural Resources for the confined animal feeding operation for SMT Pork. Greenlee explained that the board has the opportunity to file an appeal; however, since the board had no objections to the permit when it was presented during a public hearing that this was just a formality. Moved by Hertle, seconded by Frese, that the board not take action to appeal the issuance of a permit for the confined animal feeding operation submitted by SMT Pork. Both members voting aye thereon. Motion carried.

The auditor advised the Board that Benton Development Group has not reimbursed the county for their utility expenses for the months of May, June and July. The August and September amounts have not been reimbursed but have just recently been billed. The auditor stated that the county is going to be distributing quarterly payments soon and questioned if the unpaid amounts should be deducted from the quarterly payment. The county attorney advised that the county should pay the regular quarterly payment. Renae Becker stated that she had the check ready but did not have the funds until the quarterly payment is received. The auditor stated that a quarterly payment was made in July but no reimbursement was received yet. The board stated to pay the full quarterly payment to Benton Development Group. Supervisor Hertle told Becker that the past due bills should be paid as soon as possible.

Myron Lown met with the board to discuss dust control in front of Lazy Acres RV Park near Urbana. Lown stated that he wanted dust control placed on 200 feet. Lown stated that he has recently spent $26,000 for chip and seal within in the park. Lown stated that he was at the board meeting two years ago and he was advised that a traffic count would need to be conducted. Lown stated that he has not heard anything since that time. Lown stated that his current dust control is scheduled to be torn up. The roads involved are county and state road. Frese questioned about the road to the right towards the junk yard – stating that it would create dust as well. Frese stated that perhaps the City of Urbana could participate in the costs. Lown reported that the City was not interested in assisting with the project. Supervisor Frese told Lown to get a quote to not only sealcoat the 200 feet that he was requesting but also the 600 feet along the other side of the property. Frese told Lown to return to the board with the estimate for consideration. Supervisor Hertle commented that the county engineer should be obtaining estimates for work on county roads and not private individuals. Supervisor Frese stated that he wanted Lown to obtain the estimate.

The county attorney stated that he reviewed the 28E Agreement for the regionalization of mental health services and that he had no concerns with any aspect of the agreement. Supervisor Frese asked for authority to sign the formal agreement on behalf of Benton County at the October 3, 2013, meeting of the regionalization board. Moved by Hertle, seconded by Frese, to adopt Resolution #13-83 RESOLUTION ADOPTING THE 28E AGREEMENT FOR MENTAL HEALTH/DISABILITY SERVICES OF THE EAST CENTRAL REGION (MHDS-ECR) AND AUTHORIZING SUPERVISOR DON FRESE TO EXECUTE THE 28E AGREEMENT ON BEHALF OF BENTON COUNTY AND THE BOARD OF SUPERVISORS. Voting aye were Frese and Hertle. Nays none. Motion carried.

The county attorney spoke to the board about the 28E Agreement for the governance of the solid waste disposal in Benton County. County Attorney Thompson stated that last week the recommendation was for the agreement to provide governance of the solid waste disposal be a hybrid with the day-to-day operations remaining with the county and the cities having input as to fees. Thompson stated that since that time he has spoken with some of the cities, as well as Jennifer Fencl with East Central Iowa Council of Governments regarding the agreement. Thompson stated that considering the input he has received that a 28E should be drafted that puts the entire governance of the sanitary disposal operations with a solid waste commission. The county attorney recommended that the agreement turn over full control to the commission on July 1, 2014, but that the commission should be appointed as soon as possible to allow them the opportunity to meet with cities and the county in time to develop a FY15 budget. The board directed Thompson to proceed with developing a 28E Agreement that would create a commission with full governance of the solid waste disposal activities and operations in the county.

The county attorney spoke to the board regarding the proposed agreement between Benton County and Linn County Emergency Management for hazardous materials response and clean-up. The agreement has been subject of various questions regarding whether the county should enter into the agreement or if it should be with the Benton County Emergency Management Commission. The county attorney stated that he had no concerns regarding the language in the agreement but it was his opinion that the agreement should be with the Benton County Emergency Management Commission. Scott Hansen, Emergency Management Coordinator for Benton County advised that Linn County provides services to seven counties and would prefer to have one standard agreement and not different contracts with each county. Hansen stated that he would speak with Linn County about drafting the agreement so that it was with the Benton County Emergency Management Commission. Auditor Jill Marlow advised that the funding currently in the county’s budget for the service would have to be given to the Emergency Management Commission as the Commission would not have funding in their current budget. Hansen also spoke to the board about the possible need for additional funding if the Commission would have increased insurance costs.

The county attorney briefly spoke to the board about a letter he had received regarding recreational use of all-terrain vehicles on secondary roads. The letter writer was opposed to the recreational use. Benton County currently does not have an ordinance allowing all-terrain vehicles to use secondary roads on a recreational basis; however Iowa law provides that all-terrain vehicles are allowed on secondary roads for agricultural purposes with various restrictions and conditions.

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

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Donald H. Frese, Chairman

ATTEST: __________________________________

Jill Marlow, Benton County Auditor