Motion by Ringgenberg, second by Huseman, to amend today s agenda to add an additional action item on DD #34 Upper MOD Reclassification. Carried.

Transcription

1 BOARD OF SUPERVISORS MEETING EIGHTEENTH MEETING, 2018 SESSION (18) APRIL 24, 2018 The Buena Vista County Board of Supervisors met in special session on Tuesday, April 24, 2018 at 8:30 a.m. in the Boardroom with Chairman Arends presiding, and the following members present: Huseman, Merten, Ringgenberg, and with Auditor Susan Lloyd as clerk for the meeting. Absent: Altena. Unless otherwise indicated, all of the following motions offered at this meeting were carried with the following vote: Ayes: Arends, Huseman, Merten, and Ringgenberg. Nays: none. Abstentions: none. Motion by Ringgenberg, second by Huseman, to amend today s agenda to add an additional action item on DD #34 Upper MOD Reclassification. Carried. Motion by Merten, second by Ringgenberg, to approve the minutes of 4/17 as corrected, and the following report: March Board of Health minutes. Carried. Supervisor Meeting Reports: Ringgenberg attended the Board of Health meeting last week and DCAT; Merten updated the Board on the status of Woodbury County coming into the Rolling Hills Mental Health Region. Merten and Huseman met with Assistant County Attorney Paul Allen to discuss space needs. The Board recessed their meeting to move to the public meeting room for the DD #34 Upper MOD public hearing. The Chair opened the Public Hearing on the DD #34 Upper MOD Commissioners Report for Reclassification of Benefits, with Engineers Brian Blomme, I & S Group, Drainage Clerk Kristina Konradi, five landowners, and two media present. The Auditor confirmed that the notice was published as required. The Commissioners appointed were Marlowe Feldman and Brian Waldstein, along with Blomme. Blomme explained that there are eight individual tile districts completely contained within the watershed boundary of DD #34 Upper MOD. DD #34 Upper MOD includes 10,184 acres of benefited land in 575 parcels, with the 100% assessment value of $31,300. In addition to the lands within the boundary of DD #34 that drain to the Upper Main Open Ditch, the Commissioners considered the maintenance agreement, and the benefits that DD #32 Clay County receives from using the Upper MOD as an outlet. The cost for DD #32 Clay County is $32, Blomme recommends a levy total of $626,000 across the 10,184 acres, with a levy factor of 20, requested a 10-year waiver, with 5% interest. One comment letter was received from Larry Weishaar, which Blomme read and responded to Mr. Weishaar, who was present. Motion by Ringgenberg, second by Huseman, to close the public hearing. Carried. The Board did acknowledge receipt of the comment letter from Larry Weishaar and stated that the letter will be placed in the DD #34 Upper MOD file. Motion by Ringgenberg, second by Merten, to approve the Commissioners Report for Reclassification of Benefits on DD #34 Upper MOD. Merten commented that he believes the fairest way to charge the landowners for reclassification would be to evenly distribute the cost rather than use the factors used to determine the cost per parcel, but the law doesn t allow for that. Motion carried. Motion by Merten, second by Ringgenberg, to set the levy factor of 20 for DD #34 Upper MOD, with a 10-year waiver and interest of 5%. Carried. The Board reconvened their meeting back to the Boardroom. The Chair opened the public hearing for a Master Matrix for R.A.H. Pork LLC (Adrian Site) in Section 3 of Scott Township, with Env Health/Zoning Specialist Jason Butler and Env Health/Zoning

2 Director Kim Johnson, Trent Hatlen, Linda Hatlen, Adrian Hatlen, Rebeca Sexton (Twin Lakes Environmental), Dennis Smith, and 2 media present. Butler reviewed the Master Matrix with the Board, explaining the points. There are 440 points needed to pass, and R.A.H. Pork LLC received 510 points, and is above the minimum requirements for air, water, and community. Mr. Hatlen added that he is adding trees all the way around the site and working on a wildflower and butterfly habitat on the road side of the facility. Smith commented that Hatlens are good neighbors and he was just concerned about the manure being incorporated. Hatlen stated that it will be incorporated. No written objections have been received. Motion by Huseman, second by Ringgenberg, to close the public hearing. Carried. Motion by Merten, second by Ringgenberg, to approve Resolution A, the Master Matrix for R.A.H. Pork LLC, Adrian Site, in Section 3 of Scott Township, to include the comments received. Carried. RESOLUTION A Recommending approval of the Adrian Site (R.A.H. Pork, LLC) Construction Application to the Iowa Dept. of Natural Resources. WHEREAS, the Buena Vista County Board of Supervisors has adopted the Master Matrix CAFO construction applications to provide an opportunity for local input; and WHEREAS, a construction application for 2, 102 feet X 200 feet finisher hog buildings with 8-foot manure pit storage, has been submitted by R.A.H. Pork, LLC on March 28,2018; and WHEREAS, the Buena Vista County Environmental Health Inspector has reviewed the application using the Master Matrix, finding a score of 510 points, and has verified all of the elements of the application for accuracy; and WHEREAS, the minimum score set by the DNR is 440 points. WHEREAS, the Board of Supervisors published a notice in the Pilot Tribune on April 6, 2018 as required, and held public hearing in the Supervisors Meeting Room at the Courthouse on April 24, 2018, for the purpose of receiving public comment; with responses provided: Mr. Hatlen added he is adding trees all the way around the site and working on a wildflower and butterfly habitat on the road side of the facility. Dennis Smith wanted assurance the manure would be incorporated, but feels Hatlen s will be good neighbors. WHEREAS, the Board of Supervisors shall submit the recommendation within 30 days of DNR receipt of application, WHEREAS, the Board of Supervisors, has assembled their comments with knowledge provided for submission to the DNR; None NOW THEREFORE BE IT RESOLVED that the Buena Vista County Board of Supervisors hereby recommend approval of the construction application of the Adrian Site (R.A.H. Pork, LLC) Application. PASSED, APPROVED AND ADOPTED this 24th day of April, /s/ Dale Arends, Chairperson, Board of Supervisors /s/ Susan K. Lloyd, County Auditor Env Health/Zoning Director Kim Johnson reviewed information regarding a Minor S/D for Warren A. Hansen Estate, in Section 34 of Lee Township. Motion by Merten, second by Huseman, to approve

3 Resolution # B, the Minor S/D for Warren A. Hansen Estate in Section 34, Lee Township. Carried. RESOLUTION B WHEREAS Bradley W. Hansen, on Behalf of the Warren A. Hansen Estate and himself has presented a preliminary and final plat (of survey) on the following described properties: A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER BUENA VISTA Tract contains 3.98 acres and is subject to all easements of record. A TRACT OF LAND LOCATED IN THE SOUTH HALF OF THE SOUTHEAST QUARTER (S 1/2 SE 1/4) the Point of Beginning. Hereafter known as Lot C in Section 34, Township 93 North, Range 36 West of the 5th P.M., Buena Vista Tract contains acres and is subject to all easements of record. WHEREAS, the final plats meet with the approval of the Board subject only to the following if any: None NOW THEREFORE, BE IT RESOLVED by the Buena Vista County, Iowa Board of Supervisors that:

4 A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER BUENA VISTA A TRACT OF LAND LOCATED IN THE SOUTH HALF OF THE SOUTHEAST QUARTER (S 1/2 SE 1/4) the Point of Beginning. Hereafter known as Lot C in Section 34, Township 93 North, Range 36 West of the 5th P.M., Buena Vista are hereby accepted subject to the following if any: None BE IT FURTHER RESOLVED that this Resolution shall be affixed to the final plat of: A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER BUENA VISTA

5 A TRACT OF LAND LOCATED IN THE SOUTH HALF OF THE SOUTHEAST QUARTER (S 1/2 SE 1/4) the Point of Beginning. Hereafter known as Lot C in Section 34, Township 93 North, Range 36 West of the 5th P.M., Buena Vista and copies of said final plat shall be of record in the appropriate County offices. PASSED, APPROVED AND ADOPTED this 24th day of April, /s/ Dale Arends, Chairperson, Board of Supervisors../s/ Susan K. Lloyd, County Auditor Motion by Huseman, second by Ringgenberg, to authorize the Auditor to void and reissue stamped drainage warrant #185222, issued 5/5/2015 to Marlowe Feldman for $97.47, as the warrant has been lost. Carried. Motion by Merten, second by Arends, to approve the Jt. DD #181 Little Cedar invoice payable to Pocahontas County Secondary Roads in the amount of $ for CMP. Carried. Motion by Ringgenberg, second by Huseman, to authorize the Auditor to transfer $ from the General Basic Fund to Conservation Land Acquisition Trust Fund for the FY 17 boat title fees. Carried. Motion by Merten, second by Huseman, to approve and authorize the Chair to sign the Correction to Application for Final Payment to Reutzel Excavating, Inc., for DD #34 Upper MOD, in the amount of $46, Carried. Supervisor Meeting Reports-continued: Arends attended NW IA Planning meeting, Regional Transit (RIDES), and the NW IA YES Center meeting. Assistant County Attorney Paul Allen was present for his appointment. Motion by Merten, second by Ringgenberg, to go into closed session (at 11:20 a.m.) under Chapter 21.5(1)(c) of the 2018 Code of Iowa, to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. Ayes: Arends, Huseman, Merten, Ringgenberg. Motion carried. Motion by Merten, second by Arends, to go out of closed session at 12:13 p.m. Carried. There being no further business, motion by Ringgenberg, second by Arends, to adjourn the meeting at 12:15 p.m. until Tuesday, May 1, 2018 at 8:30 a.m. for a regular session. Carried.