MINUTES OF THE INFORMAL MEETING OF THE JOHNSON COUNTY BOARD OF SUPERVISORS:
MARCH 27, 2008
TABLE OF CONTENTS
Page
Facilities Director David Kempf: Skywalk Easement, Temporary Construction Easement, and Covenant for Construction of Health and Human Services Building Skywalk..................................... 1
County Engineer Greg Parker, Assistant Planning and Zoning Administrator R.J. Moore, and Ed Schlabach: Cost Share Agreement for improvements to 540th Street SW, from Cheese Factory to Gable Avenue SW 1
Johnson County Historical Society Museum Operations Assistant Brandon Cochran: Proposed Paranormal Investigation at County Poor Farm.................................................................................. 4
Reports and Inquiries from Budget Coordinater Rich Claiborne........................................... 5
Board of Supervisors: Finance Committee Recommendation Regarding the Term and Amount of Funding Necessary to Pay the Balance of the Health and Human Services Building Project Costs 6
Reports and Inquiries from the Board of Supervisors........................................................... 6
Chairperson Sullivan called the Johnson County Board of Supervisors to order in the Johnson County Administration Building at 9:00 a.m. Members present were: Pat Harney, Larry Meyers, Terrence Neuzil, Sally Stutsman, and Rod Sullivan.
Facilities Director David Kempf discussed the easement covenant between Johnson County and the City of Iowa City for the construction of a skywalk between the Administration Building and the new Health and Human Services Building. Assistant County Attorney Andy Chappell reiterated that there must be an easement agreement because it is the City’s air right and right-of-way. R. Sullivan confirmed consensus that the issue will be on the agenda for the next formal meeting on April 3, 2008.
County Engineer Greg Parker said there was a request to extend the proposed paving that will be constructed as part of the 5 Year Program at the Cheese Factory, to continue east to Gable, which is the first intersection to the east that goes south. Property owner Ed Schlabach had MMS Consultant Representative Glen Meisner put together a cost estimate to continue paving, not including right-of-way acquisition, which would be needed for construction activities, estimated at $750,000 to $1,000,000. In the past, they have discussed with the property owners what they deem to be appropriate as far as assisting with constructing values. Schlabach said he needs to know how to move forward with the plans so he can get building permits and subdivide his property for his family.
Assistant Planning and Zoning Administrator R.J. Moore said per the development requirements in the ordinance, Schlabach has commercially-zoned property as well as agriculturally-zoned property. In order for the County to subdivide on that road, it must meet certain standards or requirements. The first is the threshold on chip seal roads that exceed 1,000 vehicles per day. Because of the road counts, he is not allowed to do anything subdividing there. Second, for building permits on the commercial property, the site plan review requires that it must be on a paved road. Because a chip seal road does not qualify as a paved road, that prohibits from him proceeding there. At this time, the County will not issue Schlabach any building permits for residential construction on his residentially-zoned property or on his commercially-zoned property. He might be granted a permit for agricultural accessory buildings on his agriculturally-zoned property but that is all the Department would be allowed to do. R. Sullivan clarified that the dilemma exists because there is an economic development area without the appropriate road for the area. Moore said that area is identified as an area for Economic Development in the plans.
Parker clarified that Schlabach’s request is to split the cost of paving the road in front of his property and the County or the neighbors would have to pick up the costs for improvements to the rest of the road. Moore estimated that the costs were around $600,000 to $700,000. Moore said he believes the Engineering staff has some doubts about those numbers and would like a closer look at that to determine the actual costs. He continued that there is still the issue of the right-of-way. Moore recalled the agreement for the Cheese Factory with Roetlin that he controlled right-of-way on both sides of the road so he dedicated right-of-way to the County as part of that improvement agreement, in addition to paying one-third of total construction costs. Schlabach does not control all of the right-of-way on that road. Those that do control right-of-way on the portions where Schlabach does not would have to dedicate it to the County as part of the improvements or Schlabach would have to try to buy right-of-way from them. Or if the County deemed it necessary to improve, it would have to go through the condemnation process. R. Sullivan clarified that this is not part of the County’s 5 Year Road Plan.
Stutsman said the whole process is a negotiation between the individual and staff about what is reasonable and bringing that to the Board. She said the cost difference between each side’s estimated costs is the first thing that needs to be clarified. She said the one-third costs were based on Roetlin’s project; there is nothing in the ordinance that designates one-third as a hard number. There is still a lot of negotiation to be done before the Board can move forward on this. R. Sullivan said there is a lot of cost not listed because of the right-of-way purchase, which is a big piece of the issue. Given the winter just endured and the status of the roads, the idea of moving another road in when a lot of roads that need repair could be controversial. R. Sullivan said he would probably be more comfortable with moving forward with this proposal when there is considerably more financial participation. Neuzil said the situation might need to be more similar to the Cheese Factory agreement, where neighbors contributed. There also needs to be an actual amount of dollars needed to upgrade the road and how far to go, and then the Board needs to examine whether it wants more residential growth in an area that is currently designated for economic development.
Neuzil said the County can provide some exception to the rule or at least allow an opportunity to put some money away for this project, but he does not believe the project is close enough to that point yet. There needs to be more discussion with the neighbors to see if the project can move forward with the right-of-way issues. R. Sullivan said the Board recognizes that this is an important area for business, industry, and commerce as a designated economic development area.
Harney asked Parker if the $750,000 to $1,000,000 figure is an estimate for the complete project, alluding to the large discrepancy from the other estimate at around $650,000. Parker said there are some concerns about that, and the staff that reviewed the estimate determined that the 20% discrepancy is due to unknown costs for the right-of-way and what is actually needed. The estimate is higher to account for the unknown costs. Parker said despite the considerable work for the lower estimate, he does not view it to be realistic in light of the resources required for the construction. Parker said this project is different from the other Cheese Factory project because this project may require installation of a curb and storm gutter system and widening of the road to accommodate for horse-and-buggy traffic. Parker continued that the engineering staff has not done an in-depth review of the matter yet. To put this into the 5 Year Plan, something else would have to be moved down the prioritization list. Parker recommends this be considered as a future project.
Stutsman the motivation for improving the road and allowing Schlabach to build houses for his family, must be weighed against other projects on the list. Stutsman said it would be hard for her to justify postponing some of those projects that have been waiting for progress for a number of years. Parker said it would be a good idea to do it along with the other pavement projects that will be done in that area, but the planning issue will hold back the project, and a lot of other impacts, especially financially, that lead him to recommend this for consideration in the future. R. Sullivan said changes to the 5 Year Program are considered on an annual basis. If Schlabach is able to make a convincing case to Parker before the next review, then the Board will seriously consider a recommendation.
Harney said another factor that needs to be considered is long-range planning and where growth will be allowed in small communities. More work needs to be done on those issues if this is an economic development area. Parker said that these negotiations in the past have been for improvements to paved roads for existing businesses. There are negotiations going on, but for existing roads to get them in shape. Stutsman said the improvements around the Cheese Factory were also based on safety concerns. R. Sullivan reiterated the consensus of the Board allowing Schlabach to continue to work with staff on the proposal, and if it reaches the point where it should be in the 5 Year Road Plan, then it will be in the proposal.
Schlabach clarified that he is not requesting any more building permits or residential zoning, but wants to update his business to improve the building and parking. He cannot get any permits to change anything until the roadwork is completed. Having acquired two acres to the west of the store, he was hoping to start on a brand new setup by Fall 2008. He would also like to sell one of his dwellings but cannot do so until the road and subdivision are completed. Harney said there have been exceptions made in the past to work this out in the name of safety concerns. Deposits for the road could be made now so that building can happen. Moore said the Land Use Plan identifies this area as an economic development area and he is concerned when growth cannot occur in designated areas. Moore said the County needs that tax base and improvements. Improvements to Schlabach’s store would enable him to discontinue use of the County’s rights-of-way. However, a caveat in the ordinance allows an individual to proceed provided he reaches an agreement with the Board of Supervisors. It might be possible to work to get the numbers closer to a mutually-agreed appropriate cost-share with Schlabach and put a contract in place to allow him to start moving things around to make improvements from which the County will benefit as well.
Schlabach said he does not see the need for a $1 million half-mile-long street, when putting 4-inches of asphalt over the current road would make it a hard-surface road. R. Sullivan said the requirements have to do with zoning for industrial and commercial reasons. Schlabach said the land on both sides is Amish-owned and most likely will not be sold off for commercial uses. Schlabach said he is unclear with whom he should be negotiating and allocating a too high-priced portion to him will effectively end the proposal.
Johnson County Historical Society Museum Operations Assistant Brandon Cochran discussed a proposal to investigate paranormal activity at the County Poor Farm. He summarized the history of the proposal, which began when the Carroll Area Paranormal Team contacted a Cornell Professor, who forwarded the request to the Johnson County Historical Society. Cochran said they are viewing it as a topographical survey or a census record, not as a sensational aspect. The Historical Society wants to get away from the haunted stigma of the site and allow a team using scientific methods to prove or debunk allegations. It is a way to keep the site in tact without bringing along the social stigma of Poor Farm and Asylum and horrific events that happened at other sites.
R. Sullivan asked Cochran to discuss what the request would actually entail. Cochran said the Carroll Area Paranormal Team conducts their investigations at night, using DVR cameras, thermal imaging cameras, and voice recording systems. The investigation would take one night, which is optimal because there is low foot-traffic at night. The Carroll Area Paranormal Team is a four-person team, so the impact would be small, and there would be one staff member present, most likely Cochran. The Team wants to learn about the history of the site, and using the historical content, search for things like voice phenomena, in addition to still pictures and thermal video, to disprove activity. R. Sullivan clarified that they want 12 to 16 hours of access and Johnson County Historical Society staff would be present the whole time.
Facilities Director David Kempf said he contacted Chatham Oaks because he was concerned for the residents there. They did not express concern as long as there was nothing taking place around Chatham Oaks proper, as long as they knew when it was going to take place and how long it would take, and as long as there would be no disturbances. Kempf also volunteered to be the staff-person on-site to monitor the investigation.
Harney said this is the first time he has ever heard of anything being haunted at the Poor Farm and expressed concern for the residents that permitting this investigation adds to the stigma. Cochran said the Johnson County Historical Society has the utmost respect for Chatham Oaks residents and that respect would continue through the night of the investigation. The Historical Society has not heard much of it being a haunted site, and this, in a way, is a preemptive approach to sensationalism that could become an issue during future development.
Stutsman asked who would have control of the findings at the Poor Farm. Cochran said the results would go to the Historical Society but they are ultimately the property of the client, which is the County. Stutsman said the Carroll Area Paranormal Team’s website has a section for findings. Cochran said the results are property of the client and can give permission to the team to post the findings, but they never have to be released to the public if the Board decides not to grant permission. Having staff at the site is the check and balance on the process. R. Sullivan said it sounds like this group is in the mode of debunking these allegations so they are not necessarily looking for something. Cochran agreed that this would be good for historical continuity and for the site itself.
Chappell said the Board probably wants to have a written agreement with anyone who spends an extended period of time at the site. If nothing else, even if the Board did not want a written agreement, there should be formal Board approval. There should also be some sort of liability agreement. A majority of the Board expressed support for the proposal to move forward, with the exception of Harney. Chappell said that he will get the appropriate legal items in place before it is placed on a formal agenda for approval.
Budget Coordinator Rich Claiborne noted that on March 31, 2008 there is a Formal Board Meeting on General Obligation Bonds, on April 1, 2008 there are Durrant Meetings with individual supervisors, on April 2, 2008 thee are Department Head Evaluations and site visit to 911 North Governor Street and a Joint Criminal Justice Coordinating Committee Meeting with the Board of Supervisors
County Treasurer Tom Kriz spoke about the finishing touches on the Health and Human Services Building. In 2001, the Finance Committee set an agenda to accomplish construction of the building by saving funds at a specific date and not having to levy any debt service on the taxpayers. As the project approaches its final stages, after the purchase of the land, buildings, removals, site work, and construction and steel going up, the final phase is paying the balance of funds to finish the project. This is not an additional levy; there is no additional tax burden on the taxpayers. The total scope of this project is about $17.5 million, which is the purchase of land, buildings, relocations, construction, parking ramp, and skywalk. The balance to fund is $5 million. Having been diligently putting money away, the County should be able to completely pay off in five years. The Finance Committee had hoped to accomplish it in three years, but is opting for a five year note to stay in the safe area. Interest rates are good now, but it is confusing due to savings and credit quality, even though this is still an advantageous time to be doing this. The Finance Committee recommends that there be a five-year term on $5 million to be paid back in equal installments over a five-year period.
R. Sullivan asked if the Board, after approving it, has to give the Finance Committee a window of time. Kriz said a window is not necessary, and he was not sure if the Board needs to do anything as it was all approved in the initial proposal. This is an update so the Board is fully aware of what is going on. This is one long-term project that was done with no debt levy. Neuzil said it looks like from the past general funding that this could be paid off sooner. Kriz agreed, and said that the Finance Committee will negotiate to have the option of early repayment.
Harney mentioned that the County Auditor thought that this needed to be approved in a formal meeting. Kriz said all of the procedure was approved in a prior meeting, up to $9 million for up to 15 years. Because this is a change in a positive way, he is reporting to the Board to keep it updated. Chappell said he would verify the resolution. If formal action is necessary, it can be placed on a formal agenda. Kriz said that tax liabilities will go up on the tax statements sent out in August, but as a result of different projects happening, none of which has any bearing on the Health and Human Services Building project.
Harney attended the Human Services employee handbook review, the 6th Judicial District Board of Directors meeting, the Department of Transportation Highway 1 informational meeting, the Professional and Technical Diversity Network meeting, the United Way celebration, an and Emergency Management Board of Directors meeting. He thanked emergency response and law enforcement personnel for their handling of the March 24, 2008 murders.
Stutsman attended liaison meetings with M. Sullivan and Social Services Coordinator Amy Correia, the Finance Committee meeting, the Elected Officials Meeting, and a JCCOG meeting,
Neuzil noted an ARC fundraising event on March 28, 2008 at 5:00 p.m. He attended the United Way celebration, the Professional and Technical Diversity Network meeting, and the Department of Transportation Highway 1 informational meeting. He will have a listening post at the Senior Center on March 28, 2008 at 11:00 a.m.
R. Sullivan attended the Human Services Employee Handbook Review, liaison meetings with Correia and Mental Health/Developmental Disabilities Director Kris Artley, the Elected Officials meeting, and the JCCOG meeting. He met with farmers from northern Johnson County on road issues. He noted that April 6 through 12, 2008 is County Government Week.
Adjourned at 10:20 a.m.
______________________________________________________________________
Attest: Tom Slockett, Auditor
By:
On the _______ day of _____________________, 2008
By John Deeth, Recording Secretary
Sent to the Board of Supervisors on March 28, 2008 at 11:00 a.m.