MINUTES OF THE INFORMAL MEETING OF THE JOHNSON COUNTY BOARD OF SUPERVISORS:

MARCH 9, 2006

 

TABLE OF CONTENTS

Page

Assistant County Engineer Al Miller: Bids Received for Johnson County Project Number STP-S-CO52(67)—5E-52/FM-TSF-CO52(73)—5B-52 (Sand Road from 480th Street to Sycamore Street); and Speed Limit Change on Scales Bend Road from the North Liberty City Limits North to the Established and Posted 40 Mph Speed Limit       1

Assistant County Attorney Janet Lyness: Human Rights Ordinance for Johnson County.............. 2

Reports and Inquiries from the Board of Supervisors................................................................. 3

Executive Session: To Discuss Pending Litigation, Dooley, Et Al., Vs. Johnson County, Et Al., Case No. CVCV066432)....................................................................................................................................... 4

Chairperson Lehman called the Johnson County Board of Supervisors to order in the Johnson County Administration Building at 6:30 p.m.  Members present were: Pat Harney, Mike Lehman, Terrence Neuzil, Sally Stutsman, and Rod Sullivan.

ASSISTANT COUNTY ENGINEER AL MILLER: BIDS RECEIVED FOR JOHNSON COUNTY PROJECT NUMBER STP-S-CO52(67)—5E-52/FM-TSF-CO52(73)—5B-52 (SAND ROAD FROM 480TH STREET TO SYCAMORE STREET); AND SPEED LIMIT CHANGE ON SCALES BEND ROAD FROM THE NORTH LIBERTY CITY LIMITS NORTH TO THE ESTABLISHED AND POSTED 40 MPH SPEED LIMIT

Assistant County Engineer Al Miller presented the bids received for Johnson County Project Number STP-S-CO52(67)—5E-52/FM-TSF-CO52(73)—5B-52 (Sand Road from 480th Street to Sycamore Street).  He explained that the numbers are two project numbers tied to the same project.  One is for safety funding and the other is for other Federal funding.  He noted that the engineer’s estimate was at $2,800,000.  They had two bidders on the project, Fred Carlson Company, who is the apparent low bidder, and Metro Pavers, who is the second lowest.  Fred Carlson came in at $2,818,729.51, which is about six tenths of a percent over the estimate.  Stutsman stated that these bids came back much better than last time.  Miller agreed.  He said that Iowa City’s came in under their estimate by some, but the County is right at the estimates that they had anticipated.  Stutsman asked if the County has ever worked with the Fred Carlson Company.  Miller said that he has not worked with them personally but the City of Iowa City has, and they have been very pleased with Carlson’s work.  R. Sullivan asked how close the second low bid was.  Miller stated that the second low was at $2,879,000.  Stutsman asked if the County is required to take the low bid.  Miller said no but that he would recommend that they do.  Lehman asked if the dollar figure is the County cost or a shared cost.  Miller said that the project has three different types of funding.  One is STP funding, which is Federal funding for this region at a million dollars.  He said that they also have $500,000 in a safety grant for this project.  The remainder would be Farm-to-Market State funds, said Miller.  Lehman noted that this is the completion of a project that has already started and that the County received an award for designing the other part.  Miller said that the County did get a paving award for the south section. 

Stutsman asked Miller to explain the late start date for this project.  Miller said that the project cannot start any later than April 17, 2006.  That means the contractors are allowed a certain number of working days, and the count down begins on the 17th regardless of whether or not the contractor actually works that day.  Miller said that the contractor could start earlier, and the County would begin the clock then.  He said that the contractors are going to do the grading within their company, and they hope to be paving on or before July 4, 2006 which would mean the project could be complete in August.  Stutsman said that would be terrific.  Harney asked if access to businesses would be maintained.  Miller said that the contractors are required to keep access to everyone within the project limits.  He mentioned that it might not be great access, but it will be access.  He said that the County and the City are going to be placing some signs to tell drivers how to get to the golf course and Dave Long’s place.  Miller said that he will talk to Neuzil about KCJJ as well.  Neuzil said that they usually get several hundred people who will come out to the station over two or three days.  Stutsman asked if the contractors will be doing the City part at the same time.  Miller declared that the late start date for the City piece is April 3, 2006.  So, they could get started a week or so ahead of the County.  Neither the City nor the County has had their pre-construction meeting, but the indication is that the City will be starting the first week of April.  Lehman said that the bridge structures are done and the box culverts have been extended and the utilities have been moved, so this should move on a little faster than if they had tried to do it in one season.  Miller agreed.  The Board agreed to put the contract on the March 23, 2006 formal agenda for approval. 

Regarding the speed limit, Miller said that North Liberty has passed an ordinance changing the speed limit in North Liberty from 965 north to the north City limits.  That leaves a short bit of County road at 55 mph and then the road would go back down to 30 mph.  He declared that County Engineer Parker’s recommendation is to have a resolution to change the speed limit on that short portion to match what North Liberty is doing.  Lehman said that the County has been waiting to see if North Liberty is in agreement with that.  Miller agreed.  The Board agreed to put the resolution changing the speed limit on the March 23, 2006 formal agenda for approval.  R. Sullivan asked how long it will take to put out the signs.  Miller figured that it would be within a day or two at most.  Lehman said that it is important to put red flags on the new signs so that people can see that the limit has been changed.

ASSISTANT COUNTY ATTORNEY JANET LYNESS: HUMAN RIGHTS ORDINANCE FOR JOHNSON COUNTY

Assistant County Attorney Janet Lyness said that she has a draft of the ordinance that she will email to the Board.  She said she would like to have people from the City Human Rights Commission and the State Civil Rights Commission and people in the community review the document and give the County some ideas.  Then, she will bring a completed version with suggestions in a few weeks.  To have the ordinance passed, the Board would have to have it read at three successive formal meetings and then it would be in effect upon publishing.  Lyness stated that her goal is to have the ordinance in effect as of July 1, 2006 if that seems suitable to the Board. 

Lehman said that he knows Lyness has had communication with people at the State and the City level to make sure the document is as inclusive as they feel it should be.  Lyness agreed.  She would like to have these groups give any suggestions about the language or procedure.  She is also asking the various groups about procedural aspects and how much to detail.  R. Sullivan said that some people have been concerned about the cost of implementation.  He wondered if she knows of any amendments that would make it more or less cost prohibitive.  Lyness said that the things that are going to cost money are if a case goes to the point where the County has to bring an administrative law judge and court reporter.  Lyness said that her hope is that once the County passes the ordinance, people will follow it.  Lyness said that the things about the ordinance that cost money are things that need to be in place.  She noted that the ideal is that many cases will be able to be resolved before having to go to court or to hire an administrative law judge. 

Stutsman said that if someone wants to see a draft, should they email her.  Lyness said yes, that they can email her at the County Attorney’s Office.  Stutsman said that they shouldn’t put the ordinance on the web yet.  Lyness agreed.  She said that next time the office comes before the Board with a more complete version, they could put the document up.  R. Sullivan asked if the people in the Attorney’s Office have any concerns about any necessary training that might have to happen before July 1, 2006.  Lyness said she will talk to the State more to see if there are any opportunities to prepare before July 1, 2006.  She said she would really like to get some forms in place. 

Neuzil said that considering that the Board assigned this to the County Attorney several weeks ago, and that she has created a forty-page document, this is great.  He said the ordinance is a landmark decision that will be passed on to other counties across the state.  R. Sullivan asked if the document matches up word for word with the Iowa City ordinance as far as protected classes.  Lyness replied that she used the City Human Rights Ordinance as a model for this one.

REPORTS AND INQUIRIES FROM THE BOARD OF SUPERVISORS

Harney attended the Mental Health/Developmental Disabilities Planning Council meeting, the Chamber of Commerce Business P.M., a Sixth Judicial District Youth Leadership Group Fundraiser, the Democratic Convention, Planning and Zoning Site Visits, the Coralville Chamber of Commerce meeting, a RAGBRAI planning meeting, a liaison meeting with Medical Examiner Administrator Mike Hensch, the Iowa City Chamber of Commerce meeting, the Prairie Preview program, Board of Supervisors Strategic Planning and Key issues work sessions, the E911 Board of Directors meeting, and the Senior Center Strategic Plan review.  Harney also gave an update on the closing of Harry’s Road. 

Stutsman attended the Paratransit Advisory Committee meeting, a Decategorization Committee meeting, a liaison meeting with Medical Examiner Administrator Mike Hensch, a Jail Committee Alternatives Subcommittee meeting, a Chamber of Commerce Local Government Affairs meeting, and a NAMI Luncheon.  Stutsman expressed condolences for the family of Pat Vunderink who recently passed away.  She said that Vunderink had been the Board’s representative on the County Compensation Board for years. 

Neuzil attended the Chamber of Commerce Local Government Affairs meeting, a Decategorization meeting, and a SEATS Advisory Committee meeting.  He announced that the Budget Public hearing will be on March 13, 2006 at 5:00 p.m. at the Iowa City Public Library.  Neuzil will be having a Listening Post on March 13 at 7:30 a.m. at the Coralville Hy-Vee. 

R. Sullivan attended Prairie Preview as well as previously mentioned meetings. 

Lehman attended the Sixth Judicial District Youth Leadership Group Fundraiser, a liaison meeting with Information Services Director Jean Schultz, and Prairie Preview.

R. Sullivan asked that Lehman go over the Board of Supervisors schedule for any viewers since it will be different next week.  Lehman said that since it is spring break, the Board of Supervisors will be meeting on Monday at 5:00 p.m. at the Public Library for the budget public hearing.  Then, on Wednesday the 15th at 9:00 a.m., there will be a formal meeting to approve the budget.  Stutsman added that they will approve claims.  Administrative Secretary Casie Kadlec said that the Board will be approving normal action items like claims, payroll authorizations, and minutes.  M. Sullivan added that they will also set two public hearings, one for Planning and Zoning and one for bonding. 

Recessed at 7:17 p.m.; reconvened at 7:26 p.m.

EXECUTIVE SESSION: TO DISCUSS PENDING LITIGATION, DOOLEY, ET AL., VS. JOHNSON COUNTY, ET AL., CASE NO. CVCV066432)

Motion by Harney, second by Stutsman, to enter into Executive Session at 7:26 p.m. to discuss “Dooley, et al., vs. Johnson County, et al.” under section 21.5(1.c), 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.”  Roll call: aye: Harney, Stutsman, Lehman, Neuzil, Sullivan.

Motion by Stutsman, second by Sullivan, to leave Executive Session at 8:07 p.m.  Roll call: aye: Harney, Stutsman, Lehman, Neuzil, Sullivan.

Adjourned at 8:07 p.m.

Attest:  Tom Slockett, Auditor

By Casie Kadlec, Recording Secretary