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

Moved by Sanders, seconded by Vermedahl, to approve the minutes of November 29, 2011.  All members voting aye thereon.  Motion carried.

Moved by Vermedahl, seconded by Sanders, to adopt Resolution #11-79, ABATEMENT OF TAX.  Voting aye were Buch, Vermedahl, and Sanders.  Nays none.  Motion carried.

Moved by Sanders, seconded by Vermedahl, to change the dates for the considerations on Ordinance #65 Amending Ordinance #24, Benton County Agricultural Land Use Preservation, to December 8, 2011, December 12, 2011, and December 13, 2011 at 9:15 a.m.  All members voting aye thereon.  Motion carried.

Moved by Vermedahl, seconded by Sanders, to approve the change in the employment status of LaDonna Fairbanks from part-time to full-time food service/custodian in the sheriff’s department, effective December 1, 2011, at $15.17 per hour.  All members voting aye thereon.  Motion carried.

Moved by Vermedahl, seconded by Sanders, to adopt Resolution #11-80, TRANSFER OF FUNDS.  Voting aye were Buch, Vermedahl, and Sanders.  Nays none.  Motion carried.

Moved by Sanders, seconded by Vermedahl, to adopt Resolution #11-81, AMEND FY12 BUDGET WITHIN SERVICE AREA.  Voting aye were Buch, Vermedahl, and Sanders.  Nays none.  Motion carried.

Moved by Sanders, seconded by Vermedahl, to acknowledge the receipt of the annual manure management plan filed by the Cedar Valley Farms, LLC for the facility located at 2188 78^th Street, Blairstown, Iowa.  All members voting aye thereon.  Motion carried.

Julie Havran and Donita Casey, representatives of Friends of the Shelter, met with the board to discuss various issues relative to the animal shelter.  They provided a copy of the current management/lease agreement between their organization and the City of Vinton; however they believed that a new agreement should be written with both the city and the county since the county owns the facility.  They also asked about the current resolution establishing an abandoned animal fee.  Havran and Casey stated that it is difficult to collect fees to cover their costs without adding an additional fee by the county.  They asked that the county consider trying to collect the fee after the animal has been re-claimed versus before.  A meeting was scheduled on December 15^th to meet with representatives of their organization and city representatives to begin work on a management and lease agreement.

Don and Virginia Becker met with the Board to discuss the county’s land use ordinance.  The Beckers are losing their residence due to the Highway 30 relocation.  D. Becker stated he would like to relocate to an abandoned farmstead and questioned if that would be possible under the county’s ordinances.  The farmstead has had the buildings removed; however there is evidence of its existence.  Marc Greenlee explained that the county’s comprehensive plan encouraged development on abandoned farmsteads.  The board encouraged Becker to work with Greenlee and the current landowner about changing the use on the property.

Librarians representing Keystone, Atkins, Belle Plaine, Vinton, Newhall, Blairstown, and Van Horne met with the Board regarding future county funding for libraries.  The representatives also proposed that a new contract be entered into between the county and libraries, stating that the only agreement in existence was twenty years old.  The representatives asked that the board consider applying any extra local option sales tax revenue to the distribution to the libraries, if possible, adding that the extra revenue would allow for increased materials and services.   The board discussed the proposed contract and if there was a need for a written contract.  The auditor stated that there may be a statutory requirement for a written contract and stated she would ask the county attorney for an opinion.

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

__________________________________

Ronald R. Buch, Chairman

ATTEST: ___________________________________

Jill Marlow, Benton County Auditor

December 8, 2011

                The Benton County Board of Supervisors met in special session with Supervisors Buch and Vermedahl present.  Supervisor Sanders was absent.  Chairman Buch called the meeting to order at 9:15 a.m.

Supervisor Buch attended the meeting by telephone.  Attendance in person was impractical as the only item on the agenda was the first consideration of amending an ordinance.  There had been previous agenda items concerning the same and there had been no public input.  Buch was on a speaker phone during the entire meeting allowing for the public to listen and participate.  Supervisor Buch’s attendance in person would have resulted in an unnecessary expense to the county.

                The time of 9:15 a.m. having arrived and this being the time and date for a public hearing on the first consideration of Ordinance #65 Amending Ordinance #24, Benton County Agricultural Land Use Preservation, the board took up the matter for discussion.  Chairman Buch opened the public hearings with no members of the public or media present.   The Board briefly discussed the changes with Marc Greenlee, Sanitarian.   Hearing no comment, the Chair declared the public hearings closed.  Moved by Vermedahl, seconded by Buch, to approve the first consideration of Ordinance #65 Amending Ordinance #24, Benton County Agricultural Land Use Preservation, as presented.  Both members voting aye thereon.  Motion carried.

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

                                                                                                __________________________________

Ronald R. Buch, Chairman

ATTEST: ___________________________________

Jill Marlow, Benton County Auditor

December 12, 2011

AMENDING BENTON COUNTY ORDINANCE NO. 24, BENTON COUNTY, IOWA, AGRICULTURAL LAND PRESERVATION ORDINANCE, AND AMENDING ORDINANCE #63, BENTON COUNTY CODE OF ORDINANCES, CHAPTER 4, SECTION 4.1

SECTION 1.  Purpose.   The purpose of this ordinance is to amend Ordinance No. 24, Benton County, Iowa, Agricultural Land Preservation Ordinance, to add to Article II, Section 2. Definitions and to amend Article VI, Section 2, Paragraph 2.1 Permission Approval Procedures Required.  It is also the purpose of this ordinance to amendOrdinance #63, the Benton County Code of Ordinances, to include Ordinance #65 in Chapter 4, Section 4.1.

SECTION 2.  Ordinance Number 24, Article II, Section 2. Definitions.  is amended by adding the following definitions:

2.2.1        Agricultural Feed, Seed, and Fertilizer Business.  An establishment engaged in retail sale of supplies directly related to the day-to-day activities of agricultural production.

2.2.2        Agricultural Building Sales and Construction Business.  An establishment that builds or erects structures or buildings used for agricultural purposes.

2.2.3        Agricultural Implement and Equipment Sales and Service Business.  An

establishment that sells, rents, or repairs agricultural machinery, equipment, and supplies for use in soil preparation and maintenance, the planting and harvesting of agricultural products, and other operations and processes pertaining to agricultural production of food and fiber.

2.3.1        Agricultural Product(s) Processing and Storage Facility.  A building or land area used for processing or storage of products produced on a farm.

2.3.2        Agricultural Research and Development Facility.  A facility, including associated cultivated areas, whose primary purpose is research in food and agricultural sciences.

2.26.1      Veterinary Medicine Facility.  A facility built and designed for the purpose of providing medical care to agricultural livestock.

SECTION 3.  Ordinance Number 24, Article VI, Section 2. Permission Approval Procedures Required is amended by striking Paragraph 2.1 and inserting in lieu thereof the following:

2.1       The enlargement or extending of a nonconforming use of land to occupy additional lot or parcel area must be approved unless the use is determined by the Administrative Officer to be a service essential to the agricultural production of food and fiber.  Uses that may be enlarged or extended to additional lot(s) or parcels of land, regardless of CSR ratings, include an agricultural implement and equipment sales and service business, an agricultural feed, seed and fertilizer business, an agricultural building sales and construction business, an agricultural product(s) processing and storage facility, a veterinary medicine facility, and an agricultural research and development facility.

SECTION 4.  Ordinance #63, BENTON COUNTY CODE OF ORDINANCES, Chapter 4, Section 4.1, is amended to include Ordinance #65.

SECTION 5.  WHEN EFFECTIVE.  This ordinance shall be in effect after its final passage, approval and publication as provided by law.

Passed and adopted by the Benton County Board of Supervisors on this 13th day of December 2011.

BENTON COUNTY BOARD OF SUPERVISORS

Ronald R. Buch, Chairman

David Vermedahl

Jason Sanders

ATTEST:   Jill Marlow, Benton  County Auditor

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

Moved by Sanders, seconded by Vermedahl, to approve the minutes of November 15, 2011.  All members voting aye thereon.  Motion carried.

Moved by Vermedahl, seconded by Sanders, to amend the minutes of October 18, 2011 to reflect that the TMS contract is a two-year contract.  All members voting aye thereon.  Motion carried.

Moved by Vermedahl, seconded by Sanders, to checks numbered 132611 through 132953, and ACH deposits numbered 12763 through 12879, for payment.  All members voting aye thereon.  Motion carried.

Moved by Vermedahl, seconded by Sanders, to approve a Class C Beer and Sunday Sales license for Kimm’s Sinclair.  All members voting aye thereon.  Motion carried.

Moved by Vermedahl, seconded by Sanders, to adopt Resolution #11-77, AMENDING RESOLUTION #11-13, ADOPTION OF THE FY12 BUDGET. Voting aye were Buch, Vermedahl, and Sanders.  Nays none.  Motion carried.

The board discussed the recommendation received by the Benton County Zoning Commission for amending the Benton County Agricultural Land Preservation Ordinance.  Moved by Vermedahl, seconded by Sanders, to set December 6, 2011, December 8, 2011, and December 13, 2011, at 9:15 a.m. as the dates and times for consideration on adopting Ordinance #65, amending Ordinance #24, Benton County Agricultural Land Preservation Ordinance.  All members voting aye thereon.  Motion carried.

Steve Bateman and Brad Svoboda, representatives of ERBs, met with the board to discuss the current services being provided for information technology services.  The county has been contracting with ERBs for approximately one year.  The purpose of the meeting was to review the services being provided and if the county would continue with the contract.  Various issues were discussed and ERBs proposals to address them.  The board indicated that it was their desire to continue with the current arrangement for another year, with quarterly meetings with ERBs.

Moved by Vermedahl, seconded by Sanders, to adopt Resolution #11-78, REPLAT OF LOT ‘5’, MAPLE RIDGE ESTATES ADDITION TO BENTON COUNTY, IOWA.  Voting aye were Buch, Vermedahl, and Sanders.  Nays none.  Motion carried.

The board recessed briefly from 10:25 a.m. to 10:30 a.m.

Moved by Vermedahl, seconded by Sanders, to approve the hire of Amy Benson and John Smith as full-time correctional officers in the sheriff’s department, effective December 1, 2011.  All members voting aye thereon.  Motion carried.

Sheriff Forsyth spoke to the board about the current law enforcement contracts with various towns in the county.  The contracts are set to expire at the end of December 2011.  The early expiration date was set in July due to concerns on insurance coverage.  Supervisor Vermedahl stated that the county should have an answer from the insurance carrier sometime in December and that the contracts should continue until the end of January 2012 to allow time to implement changes if any.  Moved by Vermedahl, seconded by Sanders, to extend the current law enforcement contracts through January 30, 2012.  All members voting aye thereon.  Motion carried.

Moved by Sanders, seconded by Vermedahl, to contract with Belle Plaine Nursery to replace the lawn area around the law enforcement center.  The work includes removal of material, grading, seeding, and fertilizing at a cost of $3,814.10.  All members voting aye thereon.  Motion carried.

Jerry Petermeier provided a brief update on the removal of the storage building at the Cedar Valley Ranch that was destroyed during the July windstorm.

The board briefly discussed the FY13 budget process, including timelines and actions needed to be completed.

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

__________________________________

Ronald R. Buch, Chairman

ATTEST: ___________________________________

Jill Marlow, Benton County Auditor

December 6, 2011 at 9:00 a.m.

Benton County Board of Supervisors Room

1.       9:00 A.M.  Call to Order

2.       Review and approve minutes

3.       9:05 a.m.-Kelly Geater-Abate taxes on Receipt #371789 (grain tax)

4.       9:15 a.m. – Action changing dates of  Considerations of Ordinance #65, Amending Ordinance #24, Benton County Agricultural Land Use Preservation

5.       Approve employment status of LaDonna Fairbanks from part-time to full-time food service/custodian

6.       10:00 a.m. Julie Havran, Friends of the Shelter Re:  Follow up discussion to finalize contract for 2012 and insurance and discuss owner of animals reclaim process

7.       Approve transfer of funds from General Basic to Capital Project

8.       Amend budget within service area

9.      10:30 a.m. Don & Virginia Becker Re:  Highway 30 relocation of acreage and Benton County land use ordinance

10.  11:00 Benton County Library Association Re:  Update on Benton County Libraries

11.    Acknowledge receipt of annual manure management plan filed by Cedar Valley Farms LLC

12.    Supervisor Committee Reports

13.    New Business/Public Interest Comments

14.    Adjourn

Posted on December 5, 2011.

December 8, 2011 at 9:15 a.m.

Benton County Board of Supervisors Room

1.       9:00 A.M.  Call to Order

2.       9:15 a.m – 2^nd  Consideration of Ordinance #65, Amending Ordinance #24, Benton County Agricultural Land Use Preservation

3.       Adjourn

Posted on December 7, 2011.

December 12, 2011 at 9:15 a.m.

Benton County Board of Supervisors Room

1.       9:00 A.M.  Call to Order

2.       9:15 a.m – 2nd  Consideration of Ordinance #65, Amending Ordinance #24, Benton County Agricultural Land Use Preservation

3.       Adjourn

Posted on December 9, 2011.

The Benton County Board of Supervisors met in regular adjourned session with Supervisors Vermedahl and Sanders present.  Supervisor Buch was absent.  Vice-Chairman Vermedahl called the meeting to order at 9:00 a.m.

Moved by Sanders, seconded by Vermedahl, to approve the minutes of November 22, 2011.  All members voting aye thereon.  Motion carried.

Moved by Sanders, seconded by Vermedahl, to approve five days of vacation carry-over requested by Marc Greenlee.  Said carry-over is to be used by March 1, 2012.  Both members voting aye thereon.  Motion carried.

Moved by Sanders, seconded by Vermedahl, to acknowledge the receipt of the annual manure management plan filed by Rick Selk for the facility located at 1252 65^th Street, Dysart, Iowa.  Both members voting aye thereon.  Motion carried.

Moved by Sanders, seconded by Vermedahl, to approve checks numbered 132954 through 132961, for payment.  Both members voting aye thereon.  Motion carried.

Kyle Helland of Helland Engineering met with the board to request that the county subdivision ordinance be waived on a parcel in the NW1/4 of Section 16-84-11. Helland explained that Brett Flickinger would like to purchase an adjacent five acre parcel, which would be subject to the county’s subdivision ordinance.  The board asked Helland to seek affidavits from the property owners stating that both parcels will remain in agricultural use and therefore meeting the exception provided under the ordinance.  Moved by Sanders, seconded by Vermedahl, to table action on the request for a variance to the Benton County Subdivision Ordinance on a parcel located in the NW1/4 of Section 16-84-11.  Both members voting aye thereon.  Motion carried.

Moved by Sanders, seconded by Vermedahl, to approve the 2011 Weed Commissioner’s Report.  Both members voting aye thereon.  Motion carried.

The engineer requested that the board approve the issuance of a check for the interest due on the landfill loans.  The board advised that it was included in the earlier action approving the issuance of other checks.

The engineer spoke to the board about sand and salt prices for during the 2011/2012 winter season.  The engineer recommended a $1.00 increase due to the increase in salt prices.  Moved by Sanders, seconded by Vermedahl, to set the sand/salt mixture for the 2011/2012 winter at $29.00 per ton for governmental entities and $33.00 for non-governmental entities.  Both members voting aye thereon.  Motion carried.

The board discussed the FY13 budget.  Discussion was very preliminary and centered primarily on a time-line for the process.   Supervisor Vermedahl reported that he had received a preliminary budget from emergency management.  There was discussion on the status of the emergency operations grant.  The board briefly discussed how salaries should be addressed for FY13 and whether to look at individual positions or an across-the-board salary adjustment.

Supervisor Sanders provided an update on the conservation board meeting held on November 28, 2011.  Sanders stated that there was extensive discussion on job descriptions and duties of the various personnel, but specifically on a new assistant position.

Moved by Sanders, seconded by Vermedahl, to enter into closed session pursuant to Iowa Code 21.5 (c).   Voting aye were Vermedahl and Sanders.  Nays none.  Motion carried at 11:15 a.m.

Moved by Sanders, seconded by Vermedahl, to return to open session.  Both members voting aye thereon.  Motion carried at 11:30 a.m.

Moved by Sanders, seconded by Vermedahl, to recommend that the nature of the closed session be referred to the conservation board.  Both members voting aye thereon.  Motion carried.

Supervisor Vermedahl reported that he attended the Sixth Judicial District Department of Corrections meeting yesterday.  Vermedahl stated that the department is having financial difficulties.

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

__________________________________

David H. Vermedahl, Vice-Chairman

ATTEST: ___________________________________

Jill Marlow, Benton County Auditor

December 13, 2011 at 9:00 a.m.

Benton County Board of Supervisors Room

1.       9:00 A.M.  Call to Order

2.       Approve Claims for payment

3.       9:15 a.m – 3^rd Consideration of Ordinance #65, Amending Ordinance #24, Benton County Agricultural Land Use Preservation; Adoption of Ordinance #65

4.       Review and approve minutes

5.       9:30 a.m.- Mary Halstead-acknowledge resignation of Duane Eldred and Budget Discussion

6.       Acknowledge MMP Update for Christensen Farms in NW ¼ of 2-85-11

7.       9:45 a.m. – City of Vinton re: abatement of tax on parcel 240-54950

8.       Approve Veteran’s Affairs quarterly report for July-September 2011

9.       Action on Military Exemption Application on Parcel # 170-23275

10.  Engineer-Landfill Account Balance and Set Public Hearing to vacate roade-E Section 1 Monroe Township/W –Section 6 of Jackson Township.

11.    Supervisor Committee Reports

12.    New Business/Public Interest Comments

13.    Adjourn

Posted on December 12, 2011.

November 29, 2011 at 9:00 a.m.

Benton County Board of Supervisors Room

1.        9:00 A.M.  Call to Order

2.        Review and approve minutes

3.        Approve vacation carryover for Marc Greenlee

4.        9:30 a.m. Kyle Helland Re: Brett Flickinger sub division variance  NW ¼ Section 16-84-11.

5.        Acknowledge receipt of annual manure management plan filed by Rick Selk

6.        Approve handwrite claims

7.        FY13 budget discussion/preliminary work

8.        9:45 a.m. Engineer-Request Handwrite for Security Bank for loan interst.  Approve 2011 Weed Commissioner’s Report. Set winter salt/sand price for cities for the 2011/12 Winter.

9.      11:00 a.m. – County Attorney re: Pending Litigation

10.     Supervisor Committee Reports

11.     New Business/Public Interest Comments

12.     Adjourn

Posted on November 28, 2011.