April 9, 2019

The Benton County Board of Supervisors met in regular adjourned session with Supervisors Primmer, Bierschenk and Seeman present. Primmer called the meeting to order at 9:00 a.m. Unless otherwise noted, all actions were approved unanimously. Summarized Resolutions will be available in the Auditor’s office and at: www.bentoncountyiowa.org

Seeman Moved/Bierschenk seconded: To approve the minutes from April 2, 2019. Motion carried.

The time of 9:15 a.m. having arrived, and this being the time and date for a public hearing for a change in land use for Joshua and Katherine McDaniel, located in a part of the NE ¼ SE ¼ of 2-84-9. Joshua McDaniel, Jon and Patricia Sheldon, and Jill Ferguson were present. Marc Greenlee presented the technical information in accordance with the Benton County Agricultural Land Preservation and Use Ordinance. The McDaniel’s would like to change the use of 2 acres to construct a new home and pole building for their own personal use. The site will need a new well and septic system, and there is an existing driveway that meets all requirements of the county Driveway Resolution, with a lane that partly traverses across land owned by the Sheldon’s. Greenlee reported that an easement exists for this established access and that the easement is recorded. Jon Sheldon had concerns about the use of the access by McDaniel and stated that he uses the access for his functioning farm, and that farm equipment will be on it, and that they have free range chickens and ride horses in that area. He would like to see that the traffic created by this new use is not fast traffic and asked whether McDaniel was going to participate in the maintenance. McDaniel stated that he will take care of maintenance of the lane. Supervisor Primmer questioned McDaniel if he was going to run his personal business out of his home. McDaniel stated that his bait and tackle shop will continue to be run in Cedar Rapids, and that the bait and tackle business is not his full time job. He said that he also has an electrical business located in Cedar Rapids, and that his wife sells a lotion and that the UPS man may drive to his house for that once per week. McDaniel stated that the new pole building is to be for his own personal use. Hearing no further comments the public hearing was closed.

Bierschenk moved/Seeman seconded: to approve the request for a change in land use on 2 acres from agricultural to a non-agricultural, specifically to construct a new residence and a pole building for the McDaniel’s own personal use, located within a part of the NE ¼ SE ¼ of 2-84-9. Motion carried

Bierschenk moved/Seeman seconded: To approve Resolution #19-17, Granting a variance to James and Sheila Tumilty to the Benton County Sub Division Ordinance to allow for a new parcel. Motion carried

Seeman moved/Bierschenk seconded: Approve payroll checks numbered 140640 through 140659, ACH deposits numbered 37584 through 37717, vendor checks numbered 230785-230791 and claims numbered 230792-230936. Motion carried.

Andrew Elwick requested LOSST funds for Historic Society for Depot Roof. Elwick explained the Historic Society is a non-profit organization under Chapter 405 and can present documentation if needed. They are looking to replace the depot roof which has been leaking for several years now. They currently have estimates for the roof at $90,000 and they have grants close to $50,000. They are hoping to be done with the project by next year. Elwick is doing research to see if LOSST funds would be available to be used with this project and what the board would need from him to get the funds. Board had questions on what was available for LOSST funds and how they were allocate them or if the Historic Society could also get funds from the City of Vinton.

Seeman moved/Bierschenk seconded: To approve and sign memorandum of understanding with East Central Iowa Council of Government (ECICOG) regarding application for the Public Transit Infrastructure Grant Program (PTIG). Motion carried.

Seeman moved/Bierschenk seconded: To approve Resolution #19-18, Proclamation that April is proclaimed Sexual Assault Awareness

Bierschenk moved/Seeman seconded: to Approve Resolution # 19-19, Hiring Matthew Van Brogan as Sheriff Deputy effective April 15, 2019. Motion carried.

Ronald Tippett, Sheriff, updated the board on the Rural Access Case Manager position, stating it has changed since they first advertised and are wanting to advertise the position again with the updated changes. Item is to be placed on next week’s agenda for action item.

Tippett also informed the board of the upcoming out of state training required for some of his office staff.

Seeman moved/Bierschenk seconded: To approve hire of Jamie Richman to fill position of part-time Food Service/Custodian in Sheriff’s office, with a starting, training wage of $12.67 per hour. After completion of training and 120-day probation period, the rate increasing to $14.67 per hour. Motion carried.

Seeman moved/Bierschenk seconded: To approve Sheriff’s Quarterly Report. Motion carried.

Bierschenk moved/Seeman seconded: To approve Class B Liquor License for Watkins Community Athletic Association. Motion carried.

Bierschenk moved/Seeman seconded: To approve Treasurer’s Quarterly Investment Report. Motion carried.

Primmer discussed mowing/lawn care at the Service Center with the Board. Price Lawn Care did the mowing last fall and presented an estimate of $75.00/time. The Board thought that was a good estimate and told Primmer to go ahead with the bid for mowing/lawn care with Price Lawn Care.

Seeman moved/Bierschenk seconded: To approve WMA notice that Benton County has conducted an evaluation required by HUD, Subpart C—Procedures for Making Determinations on Floodplain Management, to determine the potential effect that its proposed activity in the floodplain and/or designated wetland will have on the environment for an Iowa Watershed Approach project funded through a CDBG-NDR grant. The proposed activity is to install eight types of watershed improvements – e.g. pond, wetland, grade stabilization, etc. – on 30 sites. Motion carried.

The board discussed wind generation towers in Benton County. Marc Greenlee, Larry Andreesen, Kate Robertson, Marlyn Jorgensen, Dave Thompson, Justin Foss with Alliant Energy, Jordan Oster with Iowa Environmental Council, and Ben Vierling were present along with media. Supervisor Seeman stated that he has had many Benton County residents notify him that they are against wind generation towers in Benton County. This is what prompted him to get a resolution written up with Greenlee’s assistance to prohibit the construction of wind generation towers. Primmer said he contacted Foss and Oster to gather information regarding wind generation towers. His personal feeling is that the land use ordinance needs to be updated. He is not for or against wind generator towers. There are benefits in tax revenue and we need to do our homework on the affect it will have with land/crops/roads. Oster has reviewed over 25 difference zoning ordinances and road use is a big concern. In Union County their ordinance has 10 pages with a road use agreement. Zoning ordinances can address, setbacks: with property lines, structures, natural areas, city limits, and schools. They can also address decommissioning of towers. Tama County received around $330,000 in revenue last year from wind generation towers which grew 33% from 2016 on assessments. Protections can be put in place for the citizens and the County.

Foss wanted to first start out by stating that Alliant Energy does not have a project going on in Benton County nor are they pursuing a development at the present time. A good thought out ordinance balances the ability for the land owner to make money off the land and protects those residents who don’t want to participate in the wind generation tower project. Seeman questioned how they address crop dusters. Foss stated FAA does have guidelines around airports they have to follow. It’s a hand and hand relationship with the crop dusters, and they will shut the turbines down if they are notified ahead of time. They look for 3 things with wind generation towers and they need all 3 in order for it to work; 1. Wind resource 2. Room in transmission grid and 3. Land owners to participate. There is no eminent domain. Lease agreements usually run from 30-40 years depending on the situation. They pay money per turbine or collector lines that go back to the substation. They treat every land owner the same. Land owners are able to use the access road. After the lease agreement is done, they come and tear the turbines down and bring top soil over the footing so the farmer/land owner can farm over where the turbine used to be. When they are constructing a turbine the road to the turbine is maintained by Alliant or contractor. The road is put back to the same condition they received it in or in better shape. There were questions about whether the Land Use Ordinance needs to be changed if/when wind generator towers would come to Benton County. Greenlee stated that the ordinance regulates wind generation as a non-agricultural use and standards that apply for approval of a new non-ag use apply to this use as well. Primmer reiterated that he feels that the Land Use Ordinance needs to be changed but wasn’t sure of how that would start. Greenlee stated that if there is the desire to change the Ordinance it starts with the Board first. The Board needs to make a decision as to whether the Ordinance should be changed, and have a vote on the matter. Yes or no. If you vote to change it, then you convene the Zoning Commission, get a consultant, and prepare to develop a new comprehensive plan. The Board put this topic back on the agenda in 2 weeks.

Bierschenk moved/Seeman seconded: To adjourn. Motion carried.