MINUTES OF THE INFORMAL MEETING OF THE JOHNSON COUNTY BOARD OF SUPERVISORS:
FEBRUARY 19, 2004
TABLE OF CONTENTS
Budget Coordinator Jeff Horne: Monthly Report for January 2004; and County Vehicle Committee
Jerry Halvorsen: Agreement with Johnson County to Provide Dust Control on Naples Avenue
Chairperson Neuzil called the Johnson County Board of Supervisors to order in the Johnson County Administration Building at 9:27 a.m. Members present were: Pat Harney, Mike Lehman, Sally Stutsman, and Carol Thompson; absent: Terrence Neuzil.
COUNTY TREASURER TOM KRIZ: COUNTY ASSUMED TAX SALE PROPERTY
County Treasurer Tom Kriz said that around June 1999, the County began investigating old County assumed tax sale properties, which have unpaid taxes accrued. He said that some of these properties were accrued in the mid-‘60s to late ‘80s when interest rates were higher and no buyer could be found at the annual tax sale. Kriz explained that investors can purchase a delinquent property’s tax bill at the annual tax sale, in exchange for a high interest rate and take deed to the property if the tax bill is unpaid after 3 years. He said that currently the County is not obtaining any additional properties due to the high interest rates investors accrue. Kriz said that the County currently has 108 parcels, which are worth approximately $366,000 in taxes and $421,000 in interest. He said that the County Attorney’s Office has recently allocated more resources to either take legal action or take the property deeds. He explained that there are also 120 properties categorized as buildings on leased land, which if they still exist, can’t be sold at tax sale because there’s no real property. He said there are another 143 units in the utilities and grains category, which includes many property rights for companies that have gone bankrupt. He said that the County will need to see which properties are not collectable so they can better reflect the possible tax revenue. He said that the total tax accruals are currently $870,000, but much of it is not collectable. Kriz said that the County will begin aggressively addressing those properties that are collectable and he believes that people will also begin to come in as the County pursues the matter. Thompson said that she admires the County Treasurer’s persistence.
Stutsman said that she appreciates the County Attorney’s Office making this matter a priority because it is a fairness issue for people that do pay their taxes. Assistant County Attorney Andy Chappell said that the difficulty comes in determining what notices must be sent and to whom they should be sent. He said that the properties themselves must also be investigated because other issues can be costly to the County if they acquire the property. He said that the County doesn’t have a time limit in which to address the issue, but he believes that the County is on the right track. Kriz said that in the past the County hasn’t been able to begin collecting taxes on some of these properties because their old software would allow a payment schedule only after the interest sum was paid, which in many cases is half of the total amount owed. He said that the County has accrued 18% interest a year on these properties. Chappell said that in many cases the County will need to file lawsuits to resolve the matters. He said that they are also trying to work out a process for obtaining taxes from property owners for buildings on leased land if the property owner comes forward to pay the debt because currently the Code does not specify a resolution. Kriz said that his office will continue to update the Board as they move along.
Planning and Zoning Administrator Rick Dvorak that their report has been submitted to the Board and is now on the County web site. He introduced Planning and Zoning Intern Erin Welsch, who was primarily responsible for putting together the report. Welsch explained that the key projects completed in 2003 were the Economic Development Plan, including the North Corridor Plan in the Land Use Plan, and beginning the Zoning Ordinance Update. She said that the report discusses a number of statistics including vacancy rates, building permits, housing starts, and the number of platted lots approved by the Board in 2003. She said that projects Planning and Zoning would like to complete in 2004 are the 5-year review of the Land Use Plan, the Zoning Ordinance Update, and begin the 5-year review of the North Liberty Fringe Area Agreement. Stutsman asked if there were any trends identified. Welsch replied that annexations and rezoning of acres have decreased. Thompson said an interesting finding is that there were 113 building permits averaging a value of $249,000 each. Lehman said that Dvorak is doing a better job allocating all of the appropriate expenses to the Building Inspections Department.
Dvorak said that said that in 1998 the County had a 33% vacancy rate, which has now decreased to 27% without rezoning a lot of additional land. He said that the County is still creating approximately the same amount of buildable lots by subdividing currently zoned land. He said that this way the County isn’t creating the impact on services in Johnson County. He said that he believes the vision the County began with in 1998 is coming true. Thompson asked if based on his comment in the report if he’d like Planning and Zoning to investigate transfer and purchase development rights. Dvorak replied that from what he’s seen, he doesn’t believe that transfer or purchasing development rights is a viable process because they are very expensive. He said that he would like to be able to discuss the option with the Board as they revisit the Land Use Plan.
BUDGET COORDINATOR JEFF HORNE: MONTHLY REPORT FOR JANUARY 2004; AND COUNTY VEHICLE COMMITTEE
Budget Coordinator Jeff Horne said that 7 months of Fiscal Year 2004 have passed and expenditures and revenues should be around 58%. He said that revenues continue to come in above budget in many departments and expenditures are in line with the correct levels.
Horne said that the Ambulance Department’s call fees continue to be above budget. They have collected 72% of budgeted revenues, 14% or $129,217 above the current year to date level. He said that the replacement ambulance is in use by the department and payment was made last week.
Horne said that the Public Health Department is slightly over its expense budget at 61%, however, revenues are 14% over budget. He said that they will request an amendment in the spring that accounts for their grants and associated expenditures.
Horne said that through January the Sheriff’s Department has expended $192,720 for out of county prisoner housing which is still less than 50% of what was budgeted for the year. He said that barring any large increases in jail population, the line should not need an amendment for Fiscal Year 2004.
He said that the Medical Examiner’s Office continues to run above budget coming in at 72% of expenditures through January. He said that since February 1st, 2004 they have expended another $21,976, which puts it at 84% of its expenditure budget year to date. He said that the Medical Examiner’s budget will probably require an amendment sooner than the planned amendment for merit pay and other items in April or May. Horne said that this is driven by 3 factors in the budget: wages for the field investigators, autopsy fees, and physician fees. The budget for Fiscal Year 05 has been adjusted to more accurately reflect the full use of the program as envisioned. He said that they have taken in 154% of its budgeted revenues, mainly from out of county settlement. Horne said that they are transitioning the function over to the Board of Supervisors Office and starting to bill for allocated costs, which should lessen the burden on property taxes. He said that the program is starting to get to the point where they want to be and revenues will start to reflect that. He said that the allocating the costs will more accurately reflect the cost of the service, which will then be billed to other counties for these services. He said that the County’s grant application to help regionalize these services has been forwarded on to the second round in the State’s consideration. He said that as soon as the budget season closing, the County will begin to approach other counties regarding a shared service. Stutsman said that this grant is part of the State’s Reorganization Government Initiative, which is meant to recognize collaborative initiatives to reduce cost of government.
Horne said that in the Recorder’s Office, the recording of instruments continues to be a steady revenue source. They have collected 122% of its revenue budget year to date, $154,322 above what was anticipated. Horne said that interest rates and the housing market continue to drive the trend.
Horne said that the Secondary Roads Department is at 46% of its expenditure budget through January, 12% under budget and has collected 64% of budgeted revenues. Horne said that February will certainly have weather related expenditures, but the department should have room as it approaches the construction season.
Horne reported that the County budget for Fiscal Year 2005 is nearly complete and the budget public hearing will be on Monday, March 8th, 2004 at 5:30 p.m. He said that the meeting will also be shown on Public Access Television later in the evening. Horne will be attending the Government Finance Officers Association (GFOA) convention in Milwaukee from June 13th to June 17th, 2004.
Horne said that there has been a lot of discussion this budget cycle about when and if vehicles should be replaced. He said that there has also been discussion regarding the use of County vehicles by on-call employees taking them home. He said that the GEMS software has a fleet management module as part of our new integrated system. He recommended that the Board set up an internal committee similar to the Financial Software Committee (FINCORE) to address uniform policies for replacement, staff use, and other issues.
He recommended that the following people be a part of the permanent core committee:
He said that the following should be part of the larger committee, but would only be needed for parts of the discussions:
Horne said that Dvorak also expressed an interest in participating in the committee and should participate in the core committee. He said that he envisions a survey of departments to gauge vehicle use in the future. He said that the committee should begin its work in May with the expectation of bringing a policy proposal to the Board of Supervisors in 6 months for the next budget cycle. Thompson said that she felt MH/DD should be included in the second group of individuals. Horne said that every department will be able to provide input. Lehman and Stutsman volunteered to serve on the committee. The Board gave direction for Horne to begin assembling the committee.
Stutsman said that the Board allocated funds to the Soil and Water Conservation Commission for Johnson County Soil and Water Conservationist James Martin’s position, which is why they have requested a 6-month update. Martin said that he provides services in technical assistance in conservation planning and application, assists in planning for units of Johnson County government, consultants, homeowners and rural ag applications, and educational outreach. Martin said that his day to day operations are predominantly technical assistance for land use planning, for which he uses cost share programs as his tools. He said that these programs receive funding from the State or Federal level and they give incentives for landowners to implement conservation on the ground. He said that these programs include the Environmental Qualities Incentives Program, Wildlife Habitat Incentive Program, Iowa Financial Incentives Program, and Lake Mac Bride Watershed Funds. He said that the Iowa Financial Incentives Program is currently on hold due to uncertainty in State funding. He said that there are also a few new programs beginning including the Conservation Reserve Program, Grassland Reserve Program, and Conservation Security Program. Martin said since Johnson County has been designated a national priority area, Grassland Reserve applicants should receive extra points to get into the program faster. He said that Soil and Water Conservation used Geographic Information Systems to identify 600 individuals who would be eligible to participate in this program, 25 of whom are interested in participating. Martin explained that the Conservation Security Program is different because it will reward individuals who have been participating in conservation without the aid of another program. He said that he is also working with GIS to locate watersheds that will be used in the future to develop grant proposals.
Martin said that some recently completed projects include a 17-acre wetland restoration project just off Black Diamond Road, which will improve water quality and provide wildlife habitat. He said that he also completed a whole farm plan project, which develops a plan to include all the natural resources. He has also completed several waterway projects. Martin said that farmers are required to have a conservation plan for any highly erodible land, so Soil and Water Conservation offers them additional incentives and measures they can use which also improve water quality and habitat as well. Martin said that he also provides an engineering role, for which he assists with grade stabilization structures to help control gully erosion. He said that as spring begins he will begin working with buffer layouts and conservation planning as well as helping to implement the projects they design. He said that the projects must be implemented to Soil and Water Conservation’s standards for individuals to receive the State or Federal funding.
Martin said that in his role with the County he assists with sustainable economic development in conjunction with Planning and Zoning to develop soil and sediment control plans. He said that soil erosion is key in the pre-construction and construction phase of subdivisions. Martin said that these projects will increase as spring begins. He said that Phase II of the National Pollutant Discharge Elimination System requires a plan in place to address soil loss for developments. He said that he’s also worked with the County on current grading projects. He said that once a subdivision has been constructed there is an opportunity to address water quality issues so he is trying to develop ways to facilitate that process. Martin said that he’s also been working cooperatively with the Iowa City Landfill to assist in the Cell Construction Project to evaluate the landfill for soil loss due to the recent changes in the Code. He has also been working with Secondary Roads to develop a program to encourage landowners with erosion trouble next to roads to implement erosion practices. Martin said that he’s also working on a local work group in Johnson County to develop rankings for the Environmental Quality Incentive Program. He said that he wants to continue working with the Planning and Zoning Department to find ways to have subdivisions in the North Corridor look at areas to implement storm water quality and wildlife habitat corridors and to help the area’s developers protect open space. Martin said that he is also working with GIS Coordinator Rick Havel to add a conservation level to the GIS system on the County web site. He said that he will be working with Mark Twain Elementary School to develop a rain garden planting for Earth Day. Martin said that he is also working on promotion and outreach with Johnson County which includes field day demonstrations and a new Earth Team volunteer program.
Lehman said that he’s happy to hear that the County’s GIS investment is paying off. Martin replied that it has become a primary planning tool for himself and it helps get the word out as well. Stutsman said she thought his position is an example of a good partnership between his office and local landowners. Johnson County Soil and Water Conservation Commission Chair Gene Casper thanked the Board for their support of Martin’s position. He asked the Board for additional funds for a cost of living increase for Martin’s position. Stutsman replied that the County has just finished their budget process, but that they should make a request next year for additional funding. Lehman said that he believes there are a lot more people active in these processes than most people realize and it is good to see that people are becoming more aware of the importance of clean water.
JERRY HALVORSEN: AGREEMENT WITH JOHNSON COUNTY TO PROVIDE DUST CONTROL ON NAPLES AVENUE
Jerry Halvorsen addressed the Board to ask them to remove the fee for dust control on Naples Avenue. He said that when the agreement was signed there was a 50-car count on Naples Avenue and his subdivision has not increased the amount of traffic on that road. He said that the subdivision does not need Naples Avenue due to other available roads so it could be blocked off instead of using dust control. Assistant Planner Dan Swartzendruber said that it took several different designs for this subdivision to be approved. He said that the interior subdivision road was too long to comply with the Subdivision Ordinance so in order to accommodate that, lots had to access Naples Avenue, so dust control was needed. Swartzendruber said that the subdivision could have been designed so that it did not access onto the gravel road, but larger lots were used and the design didn’t accommodate it. He said that he does not know how they would change that now, but any changes would have to go through the subdivision process. He said that even if the subdivision blocked Naples Avenue, existing houses will need to access the road.
Lehman explained that in the past Fire departments in the County asked to limit the length of cul-de-sacs for their access. He said that the 1,000-foot limitation was added to the subdivision standards for that reason, but an exception requiring 2 accesses in the subdivision was also added. Halvorsen said that the area’s topography would not accommodate 2 accesses on Dane Road. He said that he’s willing to change the driveways for lot 22 and 23 so they will access Lacina Drive instead of Naples Avenue. Dvorak said that in the planning stages Halvorsen had several options including having the 2 required accesses empty onto Dane Road or to not develop beyond the 1,000 foot requirement, both of which he chose not to do. He said that if Halvorsen blocks Naples Avenue it would violate the subdivision agreement, so he would need Board approval. Dvorak said that one advantage to keeping Napes Avenues open is that Dane Road will probably be embargoed, so Naples Avenue gives builders access to the subdivision that they otherwise wouldn’t have during the embargo. He said that he recently issued a building permit for this area, but if there wasn’t access to the area the builders would have to wait up to 90 days for the embargo to end. Halvorsen said that it isn’t worth $3,400 a year. Halvorsen said that he has signs designating the road as a private drive, but there are already trespassers. He said that there are several other people that live on Naples Avenue. He said that if people who live on the road want dust control, then he shouldn’t have to pay the entire amount.
Dvorak said that staff recommended approval of the subdivision based on the subdivision agreement, which the dust control agreement is part of. He said that the fee can be split among those living in the subdivision. He said that staff feels that if the fee structure is to be changed it should go through the subdivision process again. Swartzendruber said that either side of Naples Avenue is zoned residential and could be developed. He said that if any subdivision were added the cost would be spread among several subdivisions.
Chappell said that the appropriate time to deal with this issue was before the subdivision was approved. He said that the appropriate approach would be to make changes through the subdivision process because the public should have notice. Stutsman said that before the subdivision was approved, Halvorsen agreed with the requirements, but now once it is approved he wants to make changes. She said she is worried about the precedence that will be set if the Board makes changes. She said she doesn’t believe any changes should be made. Assistant County Engineer Al Miller said that dust control is used over the entire mile in order to be consistent with other subdivision agreements. He said that it is clear what the agreement requires and Secondary Roads lived up to their part of the agreement. Lehman said that the dust control is also important as a safety measure. Halvorsen said that dust can also be a signal to other drivers on a gravel road. He said that he had the Hills Fire Department check the road for safety and maneuverability.
Thompson said that she has no desire to make changes to the agreement because she believed the agreement had been signed in good faith and it is in line with the County’s ordinances. Harney asked how many similar situations there are on gravel roads since the County doesn’t allow development along gravel roads. Miller replied that there is one similar situation at least. Halvorsen distributed a copy of a letter from his attorney’s office. Stutsman asked if Halvorsen is going to sue the County if the Board doesn’t make the change. Halvorsen replied that he is just asking the Board to read the letter and said that he plans to bring the homeowners in for further discussion as well. He said that many of the agreements in the subdivision plan were added just 2 days before the deadline. Dvorak said that staff recommended Halvorsen defer action until he was satisfied with the agreement, but Halvorsen chose to move forward.
Lehman asked if by adding a barrier it eliminates the through street. Dvorak replied that it does in his opinion. Halvorsen said that emergency vehicles could still use the road if they added a breakaway barrier. Dvorak said that breakaway barriers do not work because emergency personnel may not know the barrier breaks away, so they sit and watch the house burn down. He said that he can’t support a break away gate solution. Stutsman said that Halvorsen can continue in the subdivision process and the Board will consider it at that time.
REPORTS AND INQUIRIES FROM THE PUBLIC
Reverend Bob Welsh asked the Board to include on the county web site regarding the budget a summary of the major issues, changes that were made, and why. He offered the Board free Women’s Basketball tickets for the upcoming game. Chappell advised against accepting the tickets due to Code requirements.
Adjourned at 11:15 a.m.
Attest: Tom Slockett, Auditor
By Casie Kadlec, Recording Secretary