MINUTES OF THE INFORMAL MEETING OF THE JOHNSON COUNTY BOARD OF SUPERVISORS:
JANUARY 29, 2004
TABLE OF CONTENTS
Iowa City Area Development President Joe Raso: Update on Iowa City Area Development Activities
Discussion: Appointment to the Civil Service Commission for a Term Ending October 15, 2005
Minutes Received: East Central Iowa Council of Governments for November 25, 2003
Chairperson Neuzil called the Johnson County Board of Supervisors to order in the Johnson County Administration Building at 9:55 a.m. Members present were: Pat Harney, Mike Lehman, Terrence Neuzil, Sally Stutsman, and Carol Thompson.
Assistant County Engineer Al Miller said that this is the 4th meeting regarding the 5-Year Road Plan. Miller said that he’s seeking guidance from the Board on any changes they’d like to see made to the draft program and future projects list. Stutsman said that the Board would like to add Mehaffey Bridge to the future projects list. Harney asked if Mehaffey would be 8 years out, with the replacement of the bridge at 10 years. Miller said that the results of the study Secondary Roads commissioned stated that there are structural deficiencies and the bridge has about 8 years of life left. He said that the future projects list doesn’t specify a year but is used to look at those projects every year. Stutsman said that she wouldn’t have a problem putting it on the 5-Year Road Plan as well.
Neuzil said that he’s concerned with Sugar Bottom Road staying on the 5-Year Road Plan because of the new phasing policy the Board has put into place. He said that Sugar Bottom Road goes through Phase II of the Land Use Plan, which contradicts the 5-Year Road Plan by improving a road where the Board isn’t encouraging development. He said that he’d like to see Mehaffey Bridge Road in year 5 with the bridge being built in year 6. Harney disagreed because they can always push Sugar Bottom Road back and Mehaffey Bridge doesn’t need to be replaced for at least 8 years. He said that the Board should look at replacing the bridge and improving the road at the same time. Harney said the Board might be able to pull Sugar Bottom Road off the program once they find out what they’re going to do on Newport and Prairie du Chien. Thompson agreed because the Board shouldn’t give up useful life of the bridge.
Neuzil asked if there’s majority that would like to keep Sugar Bottom Road on the Program. Stutsman said she would like to take it off the Program. Lehman agreed with Harney that Sugar Bottom Road has a higher priority than anything on the future projects list now. Lehman said that Secondary Roads spends a decent amount of time on the projects on the future projects list as well as the roads on the 5-Year Road Plan. He asked if Secondary Roads would take up a lot of their time finding information that wouldn’t remain pertinent if Sugar Bottom Road remains on the 5 Year Road Plan now but is removed by the Board later. Miller replied that the majority of Secondary Roads’ time is spent on projects that are closer to the design and construction phase. He said that they’ve already spent a substantial amount of time on Sugar Bottom Road in the North Corridor Roads Study, when they developed a set of preliminary plans. He said he wouldn’t anticipate spending a substantial amount of resources for at least another year.
Neuzil said that the first question is whether or not the Board wants to keep Sugar Bottom Road on the 5-Year Road Plan. He said there’s not reason to discuss the next question if there’s a majority. He said that it sends an inconsistent and mixed message that the Board has voted for restricting growth in Phase II until Phase I is filled, but they’re looking at adding an arterial road through Phase II, which is an area that they don’t want growth and development to occur. Lehman said that he’d like to keep Sugar Bottom Road on the radar screen and share information on what people think about it. He said that if the road is taken off people assume it won’t happen and they get paranoid when it is mentioned again. Lehman said that in 5 Years, the Board might not open Phase II for development, and then would delay Sugar Bottom Road at that time. Neuzil said that in 3 years, if it remains on the 5-Year Road Plan, growth and development will be eligible on Sugar Bottom Road, which is an area that they don’t want growth and development to occur. Thompson said that the Board has said that they want to phase the development. She said that they could build the road in the 5th year and then open the development up. Neuzil asked if Thompson thinks Phase I will infill in the next 3 years. Thompson said that it’s entirely possible. Neuzil said that he thinks it will be 50 to 75 years. Stutsman said that even though the Board says that the 5 Year Road Plan is subject to change, it should adequately reflect what the Board is planning to do. Stutsman said she doesn’t think that the County can afford to upgrade Sugar Bottom Road to the level that it should be upgraded. Neuzil asked if there are 3 members that want to keep Sugar Bottom on the 5-Year Road Plan. Thompson, Harney, and Lehman said yes.
Thompson asked if it would be possible to replace both Mehaffey Bridge Road and the bridge in the same year. Miller replied that construction of the bridge is going to be a 2 year process, so he would recommend doing the road construction while they already have delays in traffic. Thompson asked if Secondary Roads can upgrade Sugar Bottom Road and the Mehaffey Bridge in the same year. Miller said that he would not suggest upgrading Sugar Bottom at the same time. Lehman said that the Board might not upgrade Sugar Bottom Road in its entirety. He said that they might use only a portion, realign the road, or use other roads as well. He said that part of keeping the road on the 5-Year Road Plan is doing some more research. Stutsman said that the Board needs to step back and go with what is in place.
Neuzil asked if the gravel portion near River Junction needs to be on the future projects list. Miller replied that the cost to upgrade that portion would be less than the County’s limit to bid for the project, so it could be treated as a maintenance project. Miller said that it is up to the Board whether or not to add it to the 5-Year Road Plan or to the future projects list. Neuzil suggested the Board discuss this at a future Board meeting.
Neuzil said that also on the agenda is the discussion of direction and process of roads and planning issues in the North Corridor. Executive Assistant Mike Sullivan said that during the work session regarding the 5-Year Road Plan, one question that was asked was what process the Board should use to determine what route to proceed with. He said that the first part of the question is the process the Board already has in place and the public participation that allows the Board to engage in, in order to get a joint understanding of how issues are laid out, what determines the possible outcomes. He said that the Board currently has informational meetings, work sessions which include public input, public hearings on the projects, and other work sessions outside of the process. Sullivan said that the issue is how to help the Board make decisions and how to design projects with the staff. Sullivan said that obviously the Board can utilize consultants, and has done so historically. He said that with consultants, the bigger the project, the larger the cost and also how the Board wants to use a consultant will drive the direction of the project. Sullivan said he’s asked a couple of Supervisors to join him in a meeting with a planner who may be able to help.
Neuzil said that at this point the suggestion is to bring 2 members of the Board into a meeting with staff and Sullivan. Neuzil said that JCCOG Executive Director Jeff Davidson is interested in being a part of the process as well. He said that staff could then start the process of providing a set of alternative designs that they would present at a work session that everyone in the community would be able to participate. Neuzil said that from there the Board would move forward to see if that is the direction they should take or possibly form a citizens committee. Sullivan replied that before the Board has a work session involving the general public, the Board should have a discussion with staff, develop alternatives, and then bring it back to the whole Board. He said that then the whole Board could make the decision of where to go from there. Lehman asked if the outside planner would be in the initial meeting to provide direction and Sullivan said yes. Harney said that the outside planner could give some direction, but asked if the Board would then decide on the route and discuss the design with the public. Sullivan said that the Board already has a process in place regarding projects, so if the Board feels they need the process to be augmented, the Board has the option to bring in an outside planner to do that. He said that he’d like to guide them in that direction, but they have to choose to do so as a Board. He said that public participation is always encouraged because although it really isn’t a shared decision making process, having that input is very important.
Harney said that Johnson County’s project process is almost identical to other counties. He said that once other counties get to the design stage, they then get public input on how they want to work it through the areas, and make adjustments accordingly. Harney said that this process is working well throughout the state. He said that he welcomes public input, but there is a time and place for it. Thompson agreed and said that they shouldn’t open the process up to the consideration of every possible alternative. Sullivan said that if there’s a way to work through the process in addition to what they’re already doing, they can do that.
Lehman said that there’s a lot of misinformation so it would be nice to have a less formal setting where people can ask questions and then the Engineers can research items and look at alternatives. Lehman said that the Board has cut off some of the discussion and he’d like to expand the dialog in general and also as specific projects come up. Harney said that the DOT will not give a definite answer as to what they will approve until they are provided with a plan. He said that the DOT will then approve the plan, reject it, or request modifications. Harney said that the Engineers must put together a plan that’s acceptable to the neighborhood and then submit it to the State. Lehman said that the County knows that the designs for Prairie du Chien Road or Sand Road will be approved, but they don’t know if lesser designs would be approved. He said that the people want to see if something lesser will be approved and funded. Lehman said that it will take time to work through the alternatives, which is why he wants to keep Sugar Bottom Road on the table.
Thompson said that she wants to hear what Davidson will suggest for a planning process. Stutsman said that she’d like to talk to a number of people. She said that this is a great opportunity for the Board to do far reaching planning. Lehman said that like the trail process, this will be an ongoing process. Harney said that the planner Sullivan spoke with is independent so he has no emotional ties to the project. Sullivan said that his goal is to work through a better process that will hopefully allow citizens to better understand the process and the decisions made as well as help the Board give better direction to staff. Neuzil said that Harney and Stutsman will work with Sullivan, Secondary Roads, and Planning and Zoning. He said that at some point they will then have a work session and some community meetings. Lehman said that Sullivan will report back with recommendations. Stutsman said that she’d like to start with the first meeting and leave the process open. Sullivan said that they should take the first step of meeting with a couple of Supervisors, get some outside resources, and speak with Planning and Zoning and Secondary Roads staff. He said that the Board will have to make the decision collectively as to how to proceed with the process.
Assistant County Attorney Andy Chappell explained that the agreement with Scott County for rights to use and modify the Polk/Johnson County Mental Health/Developmental Disabilities Software is an identical licensing agreement to the other 2 agreements the Board has approved. Budget Coordinator Jeff Horne said that since the Board used the MH/DD Fund for the initial expenditure, he thinks it will have to stay within MH/DD because the State is specific about not commingling MH/DD funds with other funds. Stutsman said that commingling is forbidden for services but it might be acceptable for revenues. Horne said that it is a revenue generated from an MH/DD expenditure. Stutsman asked Horne to clarify the issue with the State Auditor’s Office. The Board agreed to put the agreement on a future formal agenda for approval.
ASSISTANT COUNTY ATTORNEY JANET LYNESS AND CONSERVATION DIRECTOR HARRY GRAVES: PROPOSAL TO DISPOSE OF INTEREST IN JOHNSON COUNTY CONSERVATION BOARD EASEMENT BETWEEN CORALVILLE DAM AND FOSTER ROAD ON OAKMONT ESTATES PROPERTY, IOWA CITY, IOWA PROPOSAL TO DISPOSE OF INTEREST IN JOHNSON COUNTY CONSERVATION BOARD EASEMENT BETWEEN CORALVILLE DAM AND FOSTER ROAD ON OAKMONT ESTATES PROPERTY, IOWA CITY, IOWA
Assistant County Attorney Janet Lyness said that in 1944 the Coralville Dam to Foster Road was conveyed by a utility easement by Iowa Illinois Gas and Electric. She said that in 1969 it was conveyed to the Johnson County Conservation Board once Iowa Illinois Gas and Electric no longer needed it. Lyness said that in 1996 Johnson County conveyed to the City of Iowa City the Coralville Dam. She said that this easement was forgotten until last year when KG Bird Development was doing a preliminary plat to develop the area and discovered that there was an easement owned by the Johnson County Conservation Board that had not been conveyed to the City with the Coralville Dam. She said that the developer contacted the County to see if the County had an interest in it. Lyness said that the Conservation Board has discussed the issue and there are no plans to use the easement. Lyness said that they’ve also contacted the City of Iowa City to see if they need it for access to the Coralville Dam since that was the original purpose of the easement, but Iowa City has said they have no need for the easement. She said that Conservation Director Harry Graves contacted Chuck Meardon to negotiate what the Conservation Board would be interested in if they were to vacate the easement. She said that it was decided that the County would convey the easement to KG Bird for $5,000. Lyness explained that the Board of Supervisors own any real property and are responsible for disposing of any interest in real property. Lyness said that the Conservation Board voted unanimously to request that the Johnson County Board of Supervisors agree to vacate the easement for $5,000. Lyness said that Conservation believes that this is a very good price and there’s no interest by Johnson County or any other governmental entity in doing anything with this easement. She said that if the Board is interested in vacating the property, they will put the item on the Board’s formal agenda next week to set a public hearing to discuss vacating the easement. Harney asked what the size of the easement is. Graves presented a map showing the easement to the Board. Thompson asked how they arrived at the price. Lyness replied that it was negotiated. Graves explained that the only property the County originally owned was the Dam, which made the property more of a liability than an asset, which is why it was conveyed to the City, but the easement was not. Graves explained that the $5,000 would be deposited into the Conservation Trust Account, which may be used to establish a Conservation Foundation in the future. The Board agreed to put an item setting a public hearing to discuss vacating the easement on a future formal agenda.
IOWA CITY AREA DEVELOPMENT PRESIDENT JOE RASO: UPDATE ON IOWA CITY AREA DEVELOPMENT ACTIVITIES
Iowa City Area Development (ICAD) President Joe Raso thanked the Board for their support. He said that this year ICAD will celebrate its 20th anniversary as a development group assisting business, industry, and workforce in Johnson County. He thanked Thompson, Lehman, and Harney for their service on the ICAD Board. Raso said that since January 1st, 2004 ICAD has had the opportunity to work, assist, and announce projects in the area. The first project was with United Natural Foods who have decided to double their operations and locate in Iowa City. He said that they are the largest natural food distribution company in the U.S. He said that the project will cost nearly $10 million and increase employment by 350 people once in operation. ICAD assisted Lear Corporation in leasing a large warehouse south of Iowa City. Rockwell Collins will be creating 125 positions, many of which will be in Johnson County. Raso said that Dare Devil Shells has purchased the former Rudi’s Bakery building, which the Board had been involved in with industrial bonds. Raso said that even though Rudi’s didn’t materialize as expected, the commitment the County made created the building which made it possible to convince Dare Devil Shells to locate here. Raso said that recently Maytag has decided to add a 750,000 square feet distribution center in North Liberty. He said that those 5 projects expect to create nearly 650 jobs with a capital investment of approximately $50 million.
Raso said that since ICAD began their 5-Year Strategic Investment for Strategic Growth Campaign on July 1, 2001, the organization has assisted with 22 projects in the area, which have created or will create more than 2,200 jobs with a total capital investment of $175,000 in the basic sector. Raso said that ICAD’s record is impressive compared to the economic activity witnessed across the State of Iowa and the nation during the recessionary times. Raso said that currently his office is very busy because they’re seeing changes in the national economy that are affecting the work they do. He said that they are currently working with 8 domestic projects including 3 projects in food related industries, 2 manufacturing, one in software development, one in warehousing, and one in biotech. He said that they are also working with 7 existing industries in the Johnson County area. Raso said that they also do workforce development efforts, recruitment, existing industry services, and communicating those activities to let the public know of the economic vitality of the market.
Raso presented a report called Skills 2006 that ICAD completed at the end of last year that assesses employers’ skills and employer needs over the next 3 years. He said that what makes ICAD successful is a great deal of research and study of the market, which is why they felt it important to complete this study. He said that in Kirkwood’s 7 County Service Territory, employers representing 23% of the regional work force plan to hire for both new and replacement positions totaling over $10,600 in the next 3 years. He said that the employers would like to see certain skill sets being worked towards in the communities to make sure they’re available to meet their needs. He said that they already have educators and businesses coming together to address the recommendations outlined in the report.
Raso said that Johnson County is the 3rd most educated metropolitan area in the country. He said that over 48% of the people over the age of 25 have a college degree or greater. He said that the State of Iowa ranks 43rd as a State with people over the age of 25 with a college degree. He said that of the positions identified in their study over 60% will require at least a 4 year degree. Lehman said that during Governor Vilsack’s recruiting trips one of the CEOs he was speaking to said that if he doesn’t have good, qualified, educated people, his company is dead in the water so tax breaks will mean nothing. Raso said that Iowa’s greatest export is their educated people, so they need to find ways to connect them with job opportunities in the State as well as work on entrepreneurial opportunities. Harney said that an area he’s concerned with is the biotech industry, which would be good for farmers. Raso replied that 2 of their current projects are in biotech and value added agriculture. He said that biotech is one of 5 targeted industry sectors that ICAD proactively tries to attract into the market.
Lehman said that ICAD works with many areas, including Cedar Rapids, trying to sell the community as a whole. He said that Johnson County provides funding and although many of these businesses aren’t in the unincorporated areas, there are still people in the unincorporated areas that acquire the jobs. He said that ICAD is a good investment for Johnson County. Raso said that ICAD receives funding from Iowa City, Coralville, Solon, North Liberty, and the County within Johnson County, but West Branch, West Liberty and Kalona are also investors because they see the importance of the regional economy. He said that ICAD also works closely with Cedar Rapids because when companies are looking at a place to locate, they’ll look at the region first. He said that when companies think of the Midwest they typically think of places like Chicago instead of areas like Johnson County. Raso said that they want to have professionalism and the programming in place to get those companies located in the tax base area the County and ICAD wants to see grow. The Board thanked Raso for the ICAD update.
TIFFIN CITY COUNCIL MEMBER KARIN DILS: IRELAND AVENUE IMPROVEMENTS AND REQUEST FOR A LETTER OF SUPPORT FOR IRELAND AVENUE RISE GRANT IRELAND AVENUE IMPROVEMENTS AND REQUEST FOR A LETTER OF SUPPORT FOR IRELAND AVENUE RISE GRANT
Tiffin City Council Member Karen Dils said that the City of Tiffin has recently had interest from an industrial developer for the area that is west of Ireland Avenue and south of Interstate 80. She said that the City has taken action to submit a RISE Grant application in order to make improvements on Ireland Avenue. She said that the 28E agreement between the City of Tiffin and the County says they will share the cost of any improvements over $7,000. However, Tiffin has spoken with Secondary Roads to let them know that Tiffin intends to take on the cost of the improvements themselves due to the quickness in which the opportunity arose. Dils said that even though Tiffin is not asking for funding, they still need to file the grant application jointly with Johnson County.
Neuzil said that Sullivan is working on drafting a letter that will then need the signature of the Chair. Lehman asked what the RISE Grant entails and what it will qualify Tiffin for help with. Dils replied that they’re applying for the 50/50 Rise Grant, which is the competitive grant. She said that they are asking for help reconstructing Ireland Avenue from the interchange exit to the 340th Street T-intersection. They are also asking for help to improve the road from Ireland Avenue west to the development. Stutsman asked if the Board needs to add an addendum to the agreement that excludes this project that there isn’t a request later for 50% funding. Chappell said that they shouldn’t have to. Dils said that they can add a sentence to the letter of support stating that Johnson County is applying as a non-funding co-applicant. County Engineer Mike Gardner explained that the 28E states that Tiffin must receive approval to obtain funding for any improvements above $7,000. Dils said that the 28E states that following the completion of work each party shall submit for reimbursement 50% of the cost. She said that in this case, it came up so suddenly they just want to get it taken care of.
Stutsman said that she is in support of the letter, but would like the 28E agreement to accurately reflect what they want it to do. She asked if they can change the28E so that it states that projects over X amount must be agreed on by both parties. Dils asked if it would be acceptable for now to acknowledge in the letter of support that Johnson County will not be funding the project. Thompson suggested Tiffin also write a letter to be attached to the 28E agreement that states that Tiffin is not expecting matching funds for this project. Dils said that in the future the County and the Tiffin City Council may need to discuss annexation of the other half of the roadway. Lehman asked if the City of Tiffin takes care of Ireland Avenue in conjunction with the maintenance agreement. Gardner said yes. Dils said that this application is due on February 1st, so she’s received approval from the RISE people to accept an unsigned draft with the signed letter to come at a later date. The Board agreed to put the item on a future formal agenda for approval.
DISCUSSION: APPOINTMENT TO THE CIVIL SERVICE COMMISSION FOR A TERM ENDING OCTOBER 15, 2005
Sullivan said that there is one open position on the Civil Service Commission for a term beginning immediately. He said that the Board has received one application from Douglas Ruppert. The Board agreed to put the item on a future formal agenda for approval.
MINUTES RECEIVED: EAST CENTRAL IOWA COUNCIL OF GOVERNMENTS FOR NOVEMBER 25, 2003
Minutes were received from the East Central Iowa Council of Governments for a meeting held November 25th, 2003.
REPORTS AND INQUIRIES FROM THE BOARD OF SUPERVISORS
Harney said that he and the other Board members had the opportunity to shadow students at West High Scholl through a government class. Harney said he spent time with Courtney Harris in English class and with Cassie Hanes in a creative writing workshop. Harney attended the 6th Judicial District Board of Directors meeting, the ISAC Winter School of Instruction in Des Moines, a 12th Avenue Extension meeting, an Emergency Management Committee meeting, and the Jail Facility Subcommittee meeting. He also met with several citizens regarding North Corridor issues.
Thompson attended a liaison meeting with SEATS Director Tom Brase, a liaison meeting with Gardner, and a liaison meeting with Ambulance Director Steve Spenler. Thompson attended the Jail Alternatives Subcommittee meeting, the MECCA Board of Directors meeting, a meeting with Swisher and Cedar Rapids regarding the freeway fringe area agreement, and the 12th Avenue Extension meeting. Thompson shadowed Beth Jenn and Courtney Kelly at West High School.
Lehman attended the HACAP Board of Directors meeting and the ISAC Winter School of Instruction in Des Moines. He also shadowed Cassie Hanes in a journalism class and attended a mock caucus.
Neuzil attended the Johnson County Council of Governments Rural Policy Board meeting, the ISAC Winter School of Instruction in Des Moines, the Johnson County Juvenile Justice Youth Development Policy Board, and Board of Supervisors budget work sessions.
REPORTS AND INQUIRIES FROM THE PUBLIC
Harvey Henry said that their neighborhood has been meeting as a committee and he presented a report to the Board developed by the committee. He said that he and Dick Gibson have met with Davidson. Henry appreciated Lehman’s suggestion for having public meetings regarding development in the North Corridor. He asked the Board to set back the 5-Year Road Plan for at least a year to give them the opportunity to go through the planning process. Davidson informed him that some roads in Polk County were reworked in the right-of-way by repairing the surfaces with asphalt. Henry said that one of the engineers during the time of the Polk County project is now the head of the Iowa Department of Transportation, so he would be a vital resource. He said that the work was done using Farm to Market Funds, even though the County has said that a specific type of design is needed to get those funds. Henry said that they’re always concerned about safety. He said that they’re also concerned about adding separate bike/pedestrian trails, which may cost more, but they feel their proposals would save enough money to allow for a trails system. He said that separate trails would keep the scale of the highway down and help maintain the beautiful scenic roads in the North Corridor. He said that a few years ago Pat Cancilla recommended considering Sugar Bottom Road a scenic highway, but he likes to think of the whole area as a scenic highway. He said that his committee is willing to work with the County to make the project work.
Cancilla said that the Board has appointed an internal committee to draw a preliminary proposal with regards to roads in the North Corridor. He said that he’s made many presentations to the Board that include studies from the Federal Government stating that the public should be part of the process from the very beginning. He said that the Board is starting another process and is excluding the public. He asked why the Board doesn’t include public members in the initial committee instead of waiting until further in the process. He asked if the Board will at least have open meetings with notification if they’re not planning on involving the public in the process. Sullivan replied that any time the Board of Supervisors meets as a group it’s a public meeting. Neuzil said that it is important to make sure that people are aware of the meetings. He said that notice of these meetings will be on the internet. Cancilla asked where the agendas will be available on the internet. Neuzil said that they aren’t talking about an agenda yet because they haven’t even started talking about committees yet. He said that the initial meetings are open to the public and the Board will get the word out by putting announcements on the Internet and announcing times during the Board meetings. Cancilla asked if there is any reason the Board is excluding the public at this time. Neuzil said they aren’t excluding the public. Sullivan said that there will only be one meeting with 2 Supervisors to discuss process. He said that after the initial meeting the entire Board will be involved and those meetings will be posted. Cancilla asked if the first meeting will be posted. Sullivan said that they can certainly put it on the County website but they won’t be following the normal agenda process for agenda’d meetings. The Board agreed to post the meeting on the website.
Motion by Thompson, second by Stutsman, to enter Executive Session at 11:16 a.m. to discuss collective bargaining strategy for the Sheriff’s Department under section 20.17(3), Code of Iowa: "negotiating sessions, strategy meetings of public employees… shall be exempt from the provisions of chapter 21 (Official Meetings Open to the Public)." Roll call: aye: Harney, Stutsman, Neuzil, Lehman, Thompson.
Recessed at 11:16 a.m.; reconvened at 11:24 a.m.
Motion by Thompson, second by Stutsman, to leave Executive Session at 11:42 a.m. Roll call: aye: Harney, Stutsman, Neuzil, Lehman, Thompson.
Adjourned at 11:42 a.m.
Attest: Tom Slockett, Auditor
By Casie Kadlec, Recording Secretary