April 13, 2010               

The Benton County Board of Supervisors met in regular adjourned session with Supervisors Sanders, Buch and Vermedahl present.  The chair called the meeting to order at 9:00 a.m. in the boardroom room of the courthouse.

                Robert McNeill came in to speak with the board about the farmland rent but the matter was not on the agenda so no action was taken.

                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 James and Danette Dahl, the board took up the matter for consideration. .  Brad Havran, an adjacent landowner, was present.  Marc Greenlee presented the technical review information in accordance with the Benton County Agricultural Land Use Preservation Ordinance.  The request is to change the land use classification from agricultural to a non-agricultural use.  The applicant is requesting a change to allow for the construction of a single residential structure.  Greenlee advised that a well and septic system would be needed.  Upon hearing no further discussion, the chair declared the public hearing closed.  Moved by Vermedahl, seconded by Buch, to approve a land use change from agricultural to non-agricultural for James and Danette Dahl on one acre generally described as being located in the N1/2 of the NE1/4 of 22-85-9, for a residential purpose. All members voting aye thereon.  Motion carried.

                Moved by Buch, seconded by Vermedahl, to approve the minutes of April 6, 1010.  All members voting aye thereon.  Motion carried.

                Moved by Buch, seconded by Vermedahl, to approve checks numbered 120603 through 121053, and ACH deposits numbered 8010 through 8228, for payment.  All members voting aye thereon.  Motion carried.

                Moved by Vermedahl, seconded by Buch, to approve the recorder’s quarterly report for the period ending March 31, 2010.  All members voting aye thereon.  Motion carried.

                Moved by Vermedahl, seconded by Buch, to acknowledge the receipt and filing of the annual manure management plan submitted by Cedar Valley Egg Farm, LLP for the facility located at 5143 22nd Avenue, Mt. Auburn, Iowa.  All members voting aye thereon.  Motion carried.

                The Board discussed changes in the insurance values on the county’s property, inland marine, and automobile schedules. Moved by Vermedahl, seconded by Buch, to make the recommended changes to the insurance schedules for fiscal year 2011.  All members voting aye thereon. Motion carried.

                Moved by Vermedahl, seconded by Buch, to authorize the chair to sign the Administration Service Agreement and Business Associate Addendum with Employee Benefit Systems for the administration of Benton County’s partial self funding health insurance and 125 cafeteria plan for plan year 2010/2011.  All members voting aye thereon.  Motion carried.

                Kellie Arduser with AFLAC met with the Board to explain the different insurance coverages that AFLAC offers.  Benton County already has employees that have policies with AFLAC with the employee paying the total premiums through a payroll deduction.  Arduser also discussed the pre-tax premium option on all policies except life and disability insurance to save the county money on taxes.  Moved by Vermedahl, seconded by Buch, to authorize AFLAC to place informational stuffers in the employee’s paychecks in the next payroll.  All members voting aye thereon.  Motion carried.

                Nancy Farmer met with the Board to present the Emergency Plan for Public Health. Moved by Vermedahl, seconded by Buch, to authorize the Chair to sign the Emergency Plan for Public Health.  All members voting aye thereon. Motion carried.

                The Board met with representatives of the Emergency Management Commission to discuss the new Emergency Operations Center (EOC) Grant and the local match requirement, which can be a soft or hard match. Scott Hansen presented his projection for the needed local match for the grant match based on the bid award to Kleiman Construction. Discussion involved soft match opportunities, which included the secure parking area for the EOC. Moved by Vermedahl, seconded by Buch, that the county commit to funding the difference between the soft match (in-kind) and $131,000.00 (the projected local match). Supervisor Vermedahl stated that he didn’t want anyone to quit looking for soft match contributions.  Scott Hansen stated that he hoped when the new EOC was built that the county would not have to contribute any hard match (funding). All members voting aye thereon. Motion carried.

                Tim Sage met with the Board regarding non-payment of farm rent to the county.   Sage stated that in 2008 there was tile and terrace work that was suppose to be done to the ground before he started to farm the ground. The tiling got done in 2009 and the terrace work is still not done.  Sage stated that garbage from the landfill blows on his hay field and Secondary Roads is taking dirt off of the field as well as driving on it. County Attorney David Thompson questioned where in the lease did it say that the tile and terrace work needed to be done before Sage started farming as Thompson was unable to locate that matter in the lease. Supervisor Buch advised that secondary roads is not taking dirt off of the field, but are taking dirt around that area for the landfill cell project.  Buch stated that he had spoken with County Engineer Myron Parizek about the are of land being driven on.  Parizek measured the area by stepping it off and estimated that it was about ¾ of an acre that had been damaged. The damaged ground is located in the south part of the field consisting of established hay.  Sage stated he has reseeded twice and will not reseed that area again. County Attorney David Thompson asked Sage why he had not paid his rent and Sage said he would pay his rent when damages are paid for and the projects are done. Thompson recommended that the county reduce the rent by an amount equal to one acre’s rent for the damages that the county caused. Thompson said his advice to the board would be that if Sage doesn’t pay his years rent in full by the 19th of April, that formal steps be taken to evict him. Supervisor Vermedahl advised Sage that if he didn’t like the lease it needed to be terminated. Buch suggested to a figure be estimated at to the production loss on the damaged acre that amount be taken off of the rent.   The Board and Sage agreed that $400 would be an appropriate amount for the loss of crop on the ground accidentally damaged by secondary roads. Moved by Buch, seconded by Vermedahl, that Tim Sage pay the first half of rent due in the current year farm lease by the 19th of April, and that the amount due on April 19th, 2010, be reduced by  $400 for damage on the hay ground.   All members voting aye thereon. Motion carried.                 Randall Forsyth discussed budget issues with the board.  This was not an agenda item.  Forsyth told the board he would need a budget amendment for his FY11 budget.

                The Board discussed the need for an animal control officer for Benton County. Supervisor Vermedahl questioned if the other board members still wanted to proceed to advertise for the position. Vermedahl stated he believes the position needed to be under sheriffs department. Vermedahl asked Sheriff Forsyth if he would be able to create a job description for the position and present it to the board. No decision was made and the matter was tabled for next week’s agenda.

                The Board discussed the services provided by Entrepreneurial Development Center, Inc. (EDCI) and their request for funding.  EDCI had met with the board on a previous date to explain the services they provide, which included services to Clickstop in Urbana.  The Board restated there is no money that can be given at this time.

                Moved by Vermedahl, seconded by Buch, to adjourn.  All members voting aye thereon.  Motion carried.

                                                                                                                _______________________________

                                                                                                                Jason Sanders, Chairman

ATTEST: _________________________________

                Jill Marlow, Auditor