MINUTES OF THE INFORMAL MEETING OF THE JOHNSON COUNTY BOARD OF SUPERVISORS:
JUNE 26, 2008
TABLE OF CONTENTS
Page
Trails Advisory Committee Member Janelle Rettig: Resolution of Intent to Apply for State Recreation Trails Funding....................................................................................................................................... 1
Assistant Mental Health/Developmental Disabilities (MH/DD) Director Jan Shaw: Increasing the Per Capita Amount for fhe Community Mental Health Center for FY07 and FY08.................................................. 2
SEATS Billing Supervisor Brian Hulke: FY09 Transit Purchase of Service Contract Between East Central Iowa Council of Governments and Johnson County..................................................................................... 3
Board of Supervisors: Approval of Town Contracts.................................................................. 4
Human Resources Administrator Lora Shramek: 2008-2010 Ambulance Unit Collective Bargaining Contract 4
Human Resources Administrator Lora Shramek: 2008-2010 SEATS Unit Collective Bargaining Contract 4
Human Resources Administrator Lora Shramek: 2008-2010 Mental Health/Developmental Disabilities Unit Collective Bargaining Contract.......................................................................................................... 4
Human Resources Administrator Lora Shramek: Wellmark Administrative Services Agreement for FY09 5
County Treasurer Tom Kriz: Tax Abatements.......................................................................... 5
Board of Supervisors: Mandatory Curfew Ordinance.............................................................. 10
Board of Supervisors: Flood Updates...................................................................................... 10
Board of Supervisors: Flood Response, Cleanup, and Disposal................................................. 13
Board of Supervisors: Appointment to the Johnson County SEATS Paratransit Advisory Committee 25
Board of Supervisors: Eagle Avenue...................................................................................... 25
Reports and Inquiries from the Board of Supervisors............................................................... 35
Chairperson Sullivan called the Johnson County Board of Supervisors to order in the Johnson County Administration Building at 9:22 a.m. Members present were: Pat Harney, Larry Meyers, Terrence Neuzil, Sally Stutsman, and Rod Sullivan.
Johnson County Trails Advisory Committee Member Janelle Rettig said the item is on today’s formal and informal agendas because of a delay from flooding. She said the Board suggested the grant be written pledging the full $200,000 set aside in Fiscal Year 2008, and including the County’s engineering costs. Rettig said the total grant application if built in FY09 is $784,000, with a $284,000 County match. She said some language in the grant application changed. Rettig said the intention is to continue allowing snowmobile trail access, however, that will depend on what side of the road the new trail’s engineering determines is best. She said the suggestion for the grant application is to say the County will maintain the trail for year-round use and will allow non-motorized traffic only.
Recessed to the formal meeting at 9:25 a.m.; reconvened at 9:26 a.m.
Assistant Mental Health/Developmental Disabilities (MH/DD) Director Jan Shaw said Mental Health/Developmental Disabilities Director Steven Trefz determined the figures and is present for any questions. Stutsman asked if the County can pay retroactively for Fiscal Year 2007. Shaw said County Attorney Janet Lyness was involved last summer with the same question as to paying retroactively. R. Sullivan said it was his understanding Lyness gave her blessing. Stutsman said the County needs clarification from the State of Iowa. She said she will be very surprised if they are able to. R. Sullivan said they are still in FY07. Stutsman said it is FY08 so this is a year ago. She thought once the budget is expended the County could not go back to cover additional costs. R. Sullivan thought it was for FY08 and FY09. Shaw said the costs are for July 2006 to June 2007. Stutsman said she does not have any issues if it is possible, but wants to clarify so there are no issues with the State Auditor.
R. Sullivan asked Assistant County Attorney Andy Chappell if Lyness had contacted the State. Chappell said he does not know. Harney said the County has been working on the payment for two years and Lyness was trying to find a solution to get the Community Mental Health Center paid for that year. He said there was an issue with the State supposedly promising money that never came. He said he doesn't know for a fact what Lyness’s final result was. Stutsman repeated the County should check with the State Auditor's Office first before the Board moves ahead. R. Sullivan said he was under the impression it has to be done by July 1, 2009, which is why it is scheduled for both the informal and the formal. Shaw said she knows Lyness has been involved with the discussions. She said it was agreed last summer that MH/DD would pay the Community Mental Health Center, but then there was a question of whether the County could. Shaw said it has been discussed many times since then with Lyness how to move forward. She said her impression is this is what was allowable. Harney asked if the Board could allow Executive Assistant Mike Sullivan to call Lyness. Stutsman asked M. Sullivan to speak with the Auditor’s Office about their understanding of the budget parameters.
Neuzil said the Board definitely funds things that cross over in particular budget years, but those items are accrued so the question is whether this funding was placed under that process. He agreed with Stutsman; it would be unusual to have a bill after the fact. Neuzil said he does not think it matters if it is done this fiscal year or next year because it is still under a different fiscal year. He said MH/DD funding is different from how the Board handles budgeting because MH/DD carries over fund balances. Neuzil said he would like some clarification and a seal of approval from the Attorney's Office because they defend the Board’s decisions.
R. Sullivan said the Board has to be prepared for a Monday meeting on June 30, 2008 if it is dependent on being done prior to July 1, 2008. Based on what he was told, it needs to be done before July 1, 2008. Stutsman asked if Account Clerk II John Deeth could send an email to the Auditor's Office and possibly have an answer by the end of the meeting. Chappell said if the item is as complicated as people think, having worked on it for two years, he is leery of someone being able to provide an accurate answer in such a short time. It depends on what the question is. He said part of the proposal is taking action on the FY08 budget, so would be good to get it done this fiscal year on June 30, 2008. Chappell said he assumes the other reason is the funds are available in FY08, so MH/DD could spend them. His understanding is there are two separate agenda items. Stutsman said the Board could move ahead with the FY08 portion as it is still within the fiscal year, and get clarification on the FY07.
Trefz thanked the Board for their work on the proposal. He said it is complicated from one perspective but fairly simple from another. Trefz said the bill was submitted in FY07 but was not paid. The same bill will be resubmitted in FY08. Neuzil said the bills were submitted but the hiccup is in the timing of the contracts. Trefz said the overall language of the contract stated the County would pay the bill, but the problem was the way the language of the contract was broken into quarters. He said in some quarters, because of Medicaid payments and rollover, billing the County last, there were two quarters it was low and one quarter it was high. No more money was to be paid out. Neuzil said the spirit of the contract was the County would pay the services provided, but the language does not agree. Trefz said yes. Neuzil said that is why the Board needs the County Attorney's interpretation. R. Sullivan said the Board would decide the issue at a meeting to be scheduled on June 30, 2008.
Recessed to the formal meeting at 9:35 a.m.; reconvened at 9:44 a.m.
R. Sullivan said this contract allows the County to provide passenger transit services and lease of equipment under the auspices of the regional transit system within Johnson County, Iowa. SEATS Billing Supervisor Brian Hulke said this is a renewal of the contract with East Central Iowa Council of Governments (ECICOG). He said it is a great resource as it provides SEATS with funding to help purchase equipment, software, training, and vehicle leasing. Hulke said ECICOG leases about 10 vehicles to SEATS at no cost. He recommended approval of the contract with ECICOG and SEATS. R. Sullivan said this is pretty standard. Hulke agreed and noted that the contract began in 1976. Hulke said it is a great resource. The Board agreed to place the contract on a future formal agenda for approval.
R. Sullivan said discussion and action is needed for town contracts for the cities of Coralville, Hills, Lone Tree, North Liberty, Oxford, Shueyville, Solon, Swisher, and Tiffin. The contracts are County Sheriff Lonny Pulkrabek's annual contracts to provide law enforcement in those communities. Stutsman asked if there are any changes in any of those contracts. R. Sullivan said there is an increased hourly rate for all towns and some towns increased their number of hours. He said the Board had asked the Sheriff to change his rates to better reflect the actual cost of doing business. The rates are moving in that direction. Those numbers are available. M. Sullivan said he will make sure the specific numbers and dollar amounts are available for next week's agenda. The Board agreed to place the item on the next formal agenda.
Human Resources Administrator Lora Shramek said the County was able to achieve three two year agreements with the American Federation of State, Municipal, and County Employees (AFSCME). She said the Ambulance agreement resulted in an increase effective in the first year of 3.25% and 3.75% the second year. Shramek said there were some healthcare coverage changes in year two increasing the deductible and out-of-pocket maximums. Neuzil asked if this is a Board update. Shramek said no, these are the actual contracts all the Board members need to sign. Stutsman said the Board needs to approve the contracts next week. R. Sullivan said the Board will take formal action next week. Stutsman asked if the union has signed the contract. Shramek said yes.
Shramek said the SEATS Cost of Living Adjustment (COLA) was 3.5% for both years with the same health insurance changes. The Board agreed to place the item on the next formal agenda.
Shramek said both years, again, are a 3.5% COLA. Neuzil asked if an official vote by July 1, 2008 is necessary. Shramek said no, the Board would not have to, but if so copies could be made and in employees hands by then because it is effective on July 1, 2009. Neuzil said the item could be placed on Monday's agenda. R. Sullivan agreed. R. Sullivan said if the Board has a meeting June 30, 2008, they will include it. M. Sullivan said he wanted to clarify the contracts are for FY09 and FY10. Shramek said yes.
Shramek said she presented the Wellmark binder agreement a month ago. Now the actual agreement is written, which needs to be placed on the formal agenda for the Chairperson’s signature. Shramek said she went through the terms and conditions, and noted a 5.5% rate increase. The Board agreed top place the item on the next formal agenda.
R. Sullivan said he has had a couple of requests from people affected by the flooding regarding tax abatements and asked County Treasurer Tom Kriz to talk about that. Kriz said his office has fielded many similar questions. He said the Iowa Administrative Code is stringent on what can be done. Section 445.62 of the Code talks about abatement or refund in the case of loss. Kriz stated the Code Section says the Board of Supervisors has the authority to abate or refund in whole or in part any taxes of any person whose building, crop, stock, or other property has been destroyed by fire, tornado, or any other unavoidable casualty. That is, if the property has not been sold for taxes or if the taxes have not been delinquent for 30 days on the time of the destruction. The loss for the abatement or refund is allowed, but shall be only for the amount which is not covered by insurance.
Kriz said the Code then talks about capital loss and stock. That is the only Code that pertains to flood damage so there are very few ways for the Board to abate taxes. Kriz said although the County is the collection agency for taxes, in many cases the County receives very little of that tax money. As an example, as an Iowa City resident 44% of his tax dollars goes to the City of Iowa City, 36% goes to the Iowa City Community School District, and just over 16% goes to the County.
Kriz said if the Board considers abatement, they have to remember the County’s share is a very small portion. He said if the Board wants to look at abatements, a discussion has to be held with the other important entities involved that receive and count on those tax dollars. The big ones are the Iowa City Community School District, Iowa City, the City of Coralville, and the townships. Kriz said it often gets confused that because the County collects taxes. For residents in larger cities, very little comes to the County. He said in a Tax Increment Finance (TIF) district even less money comes to the County, the cities, or schools, because the communities get the money. R. Sullivan said it comes to the County for a few days, but then Kriz writes the checks. Kriz said right; it is disbursed the 10th of each following month. He said taxation is confusing in Iowa to say the very least. There are very few ways to look at abating without the cooperation of everyone who receives those tax dollars.
Kriz said another confusing aspect is the new tax statements sent out in late July or early August 2008 will be based on assessment data from January 1, 2007. That will be taxes payable in September 2008 and March 2009. The City and County Assessors place their data on record as to what should be billed per house based on the assessment from the first of each year. Kriz said there is always a catch up time, even with reducing values. He spoke to City Assessor Denny Baldridge who contacted the Iowa State Department of Revenue and Finance. Kriz stated the reply read that the Department of Revenue and Finance has had several calls regarding adjustments and assessments to property tax relief. Currently there are extremely limited options. The 2008 Assessments are final except for those currently in lawsuit or appeal. Actions by assessors on properties are final and limited. The January 1, 2009 assessment should be adjusted for condition of the property at that time, not at the current time. Adjustments for being in flood zones need to be supported at that time by sales data and insurance rates. Kriz said there is almost a two year lag before assessments can even be changed on properties based on the current law. That really ties the hands of the Assessors. Kriz said that if an assessment was changed on a flooded property in 2009, it will not be reflected until taxes are payable in September 2010 and March 2011. He repeated there are very limited things that can be done. While the Board has the ability to abate taxes, they have to work with the other key entities involved.
Kriz said the Board should remember any abated taxes in this year's statement would be from July 1, 2007 to June 30, 2008. The flooded period of the time would be less than a month of that taxation year, which would need to be calculated. Kriz said it is extremely confusing, because people pay taxes a year in arrears in Iowa. Kriz said there were similar requests after the tornado in 2006 and the flood in 1993. The Code has not changed since that time. The County was either unable to do anything or chose not to. He said those are really the only categories for tax abatement.
Stutsman said the newspapers are saying Iowa City is considering abating taxes. She asked if they can or if it is only the Board that can abate taxes. Chappell said he was not at the meeting and has not researched the issue. Chappell said he suspects that if Iowa City is having discussions, it would be to make a request to the Board. He said he doesn't know to what extent any real discussions are being made. Chappell said he interpreted the newspaper article as a whole lot of ideas are being tossed around. Abatements were one of them. He said he did not read more into it than that.
Harney said it becomes difficult because the cities and the County are depending on those dollars set in a previous budget. Taking that away really upsets the budgets. He has spoken to people about it, in person and over the phone. One individual owning rental properties in Coralville that have gone underwater is concerned there is no income to offset the costs. Continuing to pay taxes may keep him from rebuilding. Harney said he thinks that is going to be a concern throughout the community, even for individuals owning private homes. Harney said he understands why people are asking because it will be difficult for those individuals to come back from such a loss. Kriz agreed, saying especially in cases where property produces income. There are also homeowners that are displaced, but paying rent in other places. He said the laws created are not conducive to providing help, short all the entities agreeing to give up their portions. That would need to be laid out and done ahead of time.
Chappell said there are ways to put the money attributable to those taxes into peoples' hands by doing grants or block grants. Strict tax abatement, removing money from the rolls, happens with the County. Chappell said he agrees with everything Kriz has said in terms of it being relatively complex with a lot of decisions to be made presumably with the input of the individual cities and the school districts. Kirkwood Community College and Iowa State University Extension also have levies in the taxes. One factor not raised by Kriz is the language of the Code allows abatement for properties destroyed due to fire, tornado, and other unavoidable casualties. He said he is not arguing a flood is not an unavoidable casualty, but some of those properties damaged by the flood may be 100% losses and others may be less than 100% losses. Chappell said this flood is different from a tornado where the slate is wiped clean. If the Board goes down this road, they may also have to find a mechanism to determine, for each individual property, how much of that property has been "destroyed" so that a partial abatement can be done. He reminded the Board the land is still there and only part of the property taxes are based on the house that is on it, and the rest is based on the land. The Assessors have those numbers. However, if the building is not a complete loss the County will need to do a mechanism, on a house by house basis, to determine what percentage should be abated.
Stutsman said County Assessor Bill Greazel said people live in their homes for a whole year without paying taxes because of the lag time. She said people who are paying taxes now are actually paying for what their house was worth two years ago, which has to be taken into consideration. Stutsman said commercial assessments, which are value based, increased after the 1993 flood in Coralville. Stutsman said the value of the property did not decrease after that flood. She said that has to be taken into consideration because people often assume the property value will be gone and it will not be worth anything. Stutsman said that is not always the case. She said those are all the complicating factors that enter into the taxing systems that the Assessors take into consideration, but the ultimate decision is the Board’s to tax.
R. Sullivan said the Board has not abated taxes since Kriz has been the Treasurer. Kriz agreed, adding he spoke with former County Treasurer Cletus Redlinger, who also could not remember any taxes being abated. Kriz said he has been Treasurer ten years and Redlinger goes even further back. Kriz reiterated it is because of how strict and defined the Code is. He said if it reached abatement only including the portion not covered by insurance opens up another set of guidelines that have to be figured. Kriz said it sounds easy but in actuality it is very complicated with many players involved.
Harney asked Chappell for clarification. He said after the tornado, he understood the Board could abate taxes if they so chose to, but they could not do so for the cities or the school districts because it was their dollars. He wanted to know if he was wrong for assuming so. Chappell said he was not sure where that understanding came from. He does not remember any specific discussion about tax abatements after the tornado, but Code Section 445.62 has not changed recently. Stutsman said she does not know if the County can pick and choose. Kriz said as he remembers the discussion if the County so moves, the Board may look at those properties and make it a grant system, not dealing with the property tax itself. He said if a person pays $1,100 in County taxes, $1,100 could be added to a grant fund. That was the discussion at that time, but it had no bearing on abatements.
Chappell said that there are some limited examples of the County doing that, not for catastrophes, but for a non-profit that ended up paying some taxes when they purchased a property. The County paid a portion of what the taxes were back in the form of a grant, which has happened once or twice. Chappell said there is nothing saying the Board can not amend their budget down the road because they switch priorities to address flood relief. Some of that has already been hoisted upon the County, spending hundreds of thousands of dollars on flood relief efforts. Chappell said assuming the budget did not have enough padding or line items to cover flood relief, budget amendments will be needed. The County can always do more in flood relief efforts with the taxes they are collecting. Chappell said if the Board wants to find a way to attribute the dollar values individual’s have it is possible, but will be complicated. R. Sullivan said the Board will not be considering it in this meeting. This agenda item was for Kriz to address the issue. Kriz said it is to address the issue so people watching or listening can understand that even if the assessment changed or houses are gone from properties, based on how the assessments are done, it will be the fall of 2010 and spring of 2011 before it is reflected in tax bills. Kriz said so even if that house is no longer on the property, they will have two more tax bills for full assessment based on the property value on January 1, 2007, and January 1, 2008. He said that is very confusing for people.
Chappell said when the County Assessor does an assessment for the tax year beginning July 1, 2008 to June 30, 2009, the Assessor is required by law to set the value as the property existed as of January 1, 2008. Chappell said sometimes it works in a property owner's favor if they are putting up a new house and they only have a foundation by January 1, 2008. For that year they would only pay taxes on the property and the value of the foundation for the tax year of July 1, 2008 through June 30, 2009. Chappell said the next year when the house is finished, there will be a reassessment to pick that up. He said in a lot of cases it will work to a disadvantage because houses were presumably in pristine condition as of January 1, 2008. Because Iowa residents pay in arrears, the tax year starts July 1, 2008. Chappell said when the houses are reassessed on January 1, 2009, properties assessments for the next tax year will be made. Meyers said by then the damage could be repaired. Chappell said a completely new house could be built. Meyers said it may be above the level before the flood. Chappell said some people may not have been able to rebuild, so they literally have a less valuable property.
Harney asked if it is possible to relieve the tax burden for a specific given year to be made up later. Kriz said suspension is done based on income levels through qualifications through the Department of Human Services (DHS). He said that is the difference between suspension and abatement. The taxes still accrue as well as the interest. Chappell said Code Section 445.62 allows for refunds, but it comes with all the questions that need to be answered for the other options. As Kriz explained, if the County refunds, then presumably they are refunding taxes that were paid for a time when the property was there, not after the flood.
Stutsman said taxes are used for services, and the County is incurring a lot of extra services because of the flood. She said the County does not know the conditions of some bridges and roads. She said Secondary Road's budget has been strained to the max. Stutsman said that becomes difficult when there is not extra in the budget for grants. She said that is a decision the Board will have to consider. Neuzil said the Board already authorized $75,000 of DHS funding outside of the budget cycle for flood relief. He said he would base the decision on past practice. Neuzil said looking at past practice it would be difficult to be in a situation to abate taxes. He believes the way the County can assist people is by providing additional services for those qualified. Neuzil said the County was fortunate to be declared a Presidential Disaster Area because currently they can access numerous resources at the National and State levels. He said he does not know why the Board would change their past practice.
Harney said he attended a meeting with Federal Emergency Management Agency (FEMA) a couple nights ago. There were over 25,000 homes damaged or destroyed in Iowa. In the County, of those that have applied for FEMA assistance 40% qualify, but the other 60% do not qualify. Harney said it concerns him because it leaves a lot of people with no support. He said it affects the Board's budget, but on the other hand they need to figure out how to help those individuals.
Neuzil said what Iowa City and Coralville are talking about is more on the grant side. They are studying making $5,000 grants available for a number of the businesses in the community. He asked if similar to how the County has made a contribution of $75,000 from DHS, the County has the resources to look into putting a fund together for grant opportunities for the residents or businesses in the unincorporated areas. He said the timing means a new budget cycle so it would be a difficult thing to do. Meyers clarified the cities are going ahead to collect taxes. Neuzil said the cities are not talking about taxes. Meyers said if the cities are talking about grants rather than abatements, then it sounds like their plan is to continue collecting the taxes and then find a way to pay it back outside of the tax system. Neuzil said it would be similar to what the Board did with DHS. Kriz said the cities know what is taxed for and how much to collect, because with taxes sales they collect virtually 99.9%. He said the cities need to look at their budgets to see if they have room to do anything with the money they receive.
Stutsman said she wanted to clarify the $75,000. She explained the $75,000 was money already budgeted in the Department 45 General Assistance, Human Services. Stutsman said it was budgeted before the flood was a raindrop. She said that money was not going to be expended in the fiscal year. Stutsman said the Board decided, rather than the unexpended dollars going back to the General Fund at the end of the fiscal year, to provide them as seed monies for the United Way flood relief. She said it was not money the Board just came up with. Neuzil said he did not suggest it was. Stutsman said she just wanted to clarify it because the Board deals with it day in and day out, but the general public does not always understand where the Board can come up with $75,000. Harney said the Emergency Management Agency will be asking for $100,000 in additional monies in their budget next year to meet their bills. The County’s costs are going to go up substantially as well.
Kriz said taxation in Iowa is extremely complicated. Only two software vendors make software that works in Iowa. In a large software field, it is an indication of how unique and complicated Iowa's taxation laws are. Kriz said hopefully the Board understands abatement is not a valid path to consider.
R. Sullivan said the Mandatory Curfew Ordinance was passed as a result of the flooding in an emergency meeting on June 14, 2008. R. Sullivan the Board passed a resolution allowing the Chairperson to set a curfew. He said he set a curfew immediately after that. It was kept in place until the June 19, 2008 Board meeting at which time the Board reviewed it, he signed another curfew order maintaining the curfew through June 26, 2008. He said while the Board does not have to do anything, it would be wise to discuss where the County and other communities are with the curfew. R. Sullivan said at present, he understands neither Iowa City nor Coralville has a curfew in place. The cities lifted them. He said obviously individuals want to get back into these areas, but they have to go after work. The Board does not want to limit them any more than they are already limited. His inclination would be not to sign another resolution, but he wanted feedback from the Board.
Neuzil said R. Sullivan's decision was based on recommendations from EMA and the Sheriff's Office and believes that is how it should remain. He said the Board authorized R. Sullivan to set the curfews not just to protect citizens but also to protect their property from others accessing it. Neuzil said the Board did not want people taking advantage of an empty home. It should be based on the recommendation from County Sheriff Lonny Pulkrabek and Emergency Management Coordinator Dave Wilson. R. Sullivan said Neuzil brought up a good point. He said he spoke with Sheriff’s Major Steve Dolezal who was fine with the Board letting it expire. Neuzil clarified it would expire June 26, 2008. R. Sullivan said he appreciated people dealing with the curfew because he knew it was not fun. As Neuzil described, it was a public safety issue, not something the Board went into lightly. He said he was glad to lift it.
County Engineer Greg Parker said the Highway 965 Bridge is still closed until July 2, 2008. An underwater diving inspection team will inspect it. After the underwater inspection if it is not good news, the bridge will remain closed until Secondary Roads can complete their remedial activities. He is hoping everything goes well. Parker said an underwater diving inspection will be completed on the Mehaffey Bridge as a safety precaution. He said Secondary Roads is not concerned about it, but typically when they close a bridge they want to document the fact everything is in order. Parker said the Hills Bridge on 520th Street is still closed. Secondary Roads will have an underwater inspection done on that structure as well. He said Secondary Roads has found scour on one of the piers, but will not know the extent until the inspection.
Neuzil asked for an explanation of scour. Parker said typically scour is undermining material that helps support the piers or the piling driven into the ground. He said when the material is removed, the depth is not known. Parker said when the structures it was not known scour was a problem or could create an additional problem from a safety standpoint. He said bridges built since the 50s and 60s are corrected to minimize those activity by having scour protection built into the design. Parker said when there is high flow water activity like at the Hills Bridge, unbelievably fast at over nine feet per second flow, anything could be taken out. Parker said the concern is ensuring the bridge is properly protected and can withstand the loads once the traffic is opened.
Harney asked when Secondary Roads will open Hills Bridge, because there have been a lot of calls about it. Parker said unfortunately he cannot get divers to the bridge until the flows are down. The Corps of Engineers still has the gates fully open so flows downstream will be high. He said until the flows slow down, putting divers in the water would be a safety hazard. The divers could not complete the inspection; the flows would carry them downstream.
Meyers asked if the Park Road Bridge in Iowa City will also have an underwater inspection. Parker said he believes so because Iowa City uses the same consultants. Meyers said the newspaper said the inspection of Park Road Bridge would be done in a few days time. He said if it is the same divers, maybe they would be willing to complete the County’s inspections. Parker responded he thinks it is the same company. He said that is an Iowa City bridge so it is not under his responsibility. Meyers said his point was it was the same river and divers. Neuzil said they should be able to do both. Parker said perhaps it was a different design or something he is not aware of.
Stutsman said Parker talked in the newspaper about negotiating a contract or getting bids. She thought people were confused about why Secondary Roads had to go through that process for something like this. She asked if Secondary Roads did. Parker said the day after the Press-Citizen called him Secondary Roads found a company to complete the work, but there are only a handful of companies throughout the United States that can do this procedure. The flood activities were not isolated to the Johnson County area, instead reached all the way from Decorah to Saint Louis. He guessed all of those companies have been pulled in to get the bridges opened. Parker said Secondary Roads wants a reasonable cost and needs a consultant to do an inspection that meets the certification guidelines and requirements. He said he believes they have found a good firm that is local and has been scheduled for the following week. Then Secondary Roads can get their bridges completed based on safety issues, guidelines, and timeline issues, because they are being asked to do inspections elsewhere.
R. Sullivan asked about smaller structures such as the span over Old Man's Creek, or Clear Creek that took on high water. Parker said any structure Secondary Roads closed from high water level activities would have been checked with a visual inspection before being opened, to ensure everything was okay.
Neuzil said the bridge near Sutliff that crosses the Cedar River is now open. He asked if the road providing access through that community is open. Parker said it is open. R. Sullivan said it is closed at 130th Street. South of Sutliff, just past the store, drivers cannot go south. Neuzil said he knew the water was high there. Parker said the restaurant and bar is open, and can connect to another route heading south on the other side. He said Secondary Roads is trying to get to those roads as quickly as possible, but the lower traffic roads are not as high a priority as the paved routes. Staff is dedicating time to any repairs that need to be taken care of. Neuzil said that road lost a significant amount of homes. There is an area past Stuart Road still under water. The Izaak Walton League area is still closed. Parker said Secondary Roads has an agreement with the sand plant, under their conditional use permit, to maintain the Izaak Walton Road. Neuzil said the river is still beyond its banks; he is just trying to think of areas affected.
Stutsman asked if there was damage to roads in the County. Parker responded he expected a lot worse. They County did not lose any bridges. Although bridges are closed, they do not currently have to replaced. He said there was some undermining around the pavements when the water level went out. On Sutliff Road, Secondary Roads had to bring in several truckloads of rock and put fill in because the water flows, again, will undermine or scour the edge of the pavement, taking out any rock or materials. Parker said Secondary Roads is removing debris from roads so they can be opened again, but there was a phenomenal amount of material left behind when the water level went down. He said unfortunately the water does not carry off the debris.
Neuzil asked for updates on areas around the southern part of the County, Sand Road, and the Tri County Bridge. Parker said Sand Road by Highway 22 had water over the road. Any necessary repairs would need to be made to reopen the road. Parker said the road is seal coated and the seal coat contractor under the Board approved contract to complete the work in the end of July 2008. He said Secondary Roads is still waiting to look at the Tri County Bridge to see the damage. Parker said he is fairly confident the bridge is in good condition, but getting access to the bridge via the roadway will be a problem. He said the bridge inspectors are monitoring it, so when the water allows, they will review the situation.
Neuzil asked if there is opportunity to correct issues Secondary Roads may start analyzing like the lower spots identified on roads where, during the 500 or 100 year floods, they dip down. Neuzil asked if there are any ideas how to raise the roads’ elevations or if Secondary Roads staff is not to that point. Parker said he had a few thoughts on that topic. The FEMA program offers a mitigation function, which means FEMA will consider it based on a cost-benefit ratio they determine appropriate. Parker said the County can request to fix those problems, but the pot only has so much in it, and they prioritize based on needs. He said certainly any mitigation funds he can receive or anything staff can do to minimize future damage activities will be considered. Neuzil said the County learned there is a low area on Sand Road, near the Pleasant Valley Nursery. Neuzil said the area has been upgraded in the last seven years. He said he hopes the staff will look at the opportunities to see where the water went over so when the County is upgrading a road, they can raise the elevation to avoid the low areas that create islands. Parker said Neuzil brings up a great point. Staff have issued high water marks throughout the County so when Secondary Roads does a future design, they will know where the marks are. He said Secondary Roads will have to look at the cost to achieve that mitigation activity and if the cost benefit ratio is high enough for the level of vehicles driving that route. Neuzil said the water is going to go somewhere if it does not go into the low areas, but he wondered if the County could not have added extra fill to the section of Sand Road to correct the low area if they could have avoided the problem.
Stutsman asked if Secondary Roads will be able to do their scheduled maintenance for 2008. She specified items like mowing the ditches. Stutsman said it has gotten worrisome and has not seen any mowing so far. She asked if that would be put on hold indefinitely. Parker said it was put on hold because of the winter and spring, and then the flood kicked in. He said Secondary Roads is currently putting dust control down and are anticipating completion by next week. That is the maintenance activity everyone has been waiting patiently to have done. That is Secondary Roads’ current focus operationally. He is trying to spread staff out to try to get back to normal maintenance operations. He said he could let Stutsman know when staff will start mowing. Parker said it would not surprise him if crews are doing those activities now if not soon.
R. Sullivan said on June 24, 2008 FEMA reported 1,100 County households in Johnson County that applied for assistance: 500 from Coralville, 500 from Iowa City, and 100 from the rural areas. He said that number is continuing to climb. M. Sullivan said if an individual applies for public assistance or FEMA assistance and gets a denial letter, there is an appeal process which FEMA encourages individuals to follow. The criteria is different for everyone. He said there is a process to do. M. Sullivan said the appeal process is on the County website at www.johnson-county.com under flood information. He said the cities have the same information on their websites. R. Sullivan said there is actually a lot of good flood information on the site. Harney said that if applicants have been referred to the Small Business Association (SBA), even if they are turned down there, they can reapply to FEMA for extra assistance. R. Sullivan said applicants have to register.
Landfill Superintendent Dave Elias said he would outline the basic information for the Board. Elias said he also is the Wastewater Superintendent so the County’s back door was their beach for about a week. He said the cleanup is underway around town so the landfill is getting a lot of traffic. The FEMA documentation and set of procedures is getting off to a good start. He said Iowa City, like the County, has been managing the preventive issues and now will have to deal with debris management. Elias said FEMA required a community to have a debris management plan. His staff is working on their plan currently and hope to have that done by June 27, 2008. Elias said it needs to be in place a week after the formal FEMA kick-off meeting. That meeting has not yet been held, but he anticipates it will held next week. Elias said he is working on a plan for Iowa City, but each community will have to do their own. The plan includes the technical landfill information. He said he would like to forward the plan to the Board to make adaptations so the County can meet the FEMA requirement.
Elias said the debris management plan is going to say the Iowa City landfill is handling most of the material, but that there is also an Environmental Protection Agency (EPA) team activated. Elias said there are two sites to dispose of waste. The landfill is accepting regular garbage, hazardous waste, sandbags, electronics, white goods, and yard waste. He said the other location is on 1200 South Riverside Drive, which is the Iowa City yard, where they are accepting sand bags and the EPA setup as a staging ground. Elias said his department is asking the public to segregate the waste into four piles. One pile for household hazardous waste, such as liquid or powder chemicals including lawn or agricultural fertilizers wet in bags or anything liquid in a bottle. Another pile for appliances and electronics, which includes refrigerators, freezers, stoves, water heaters, lawn mowers, any gas operating equipment, and electronics like computers, tvs, vcrs, etc. Those two categories cannot go in a landfill and are being be collected by the EPA from residential areas, but not commercial areas. Elias said the landfill can still accept those items from commercial areas if they meet EPA or permit requirements, which are essentially from small businesses. He said if there is a business that has had the equivalent of over two 55 gallon drums of chemicals damaged, then they will have to manage it through normal EPA procedures because it is above and beyond his department’s permit authority. Elias said it is also beyond the current EPA team in the County. He said his department can work with companies to provide information and help them understand the procedures.
Elias said the other two piles include yardwaste, which is a normal function that the landfill handles, and the remainder as garbage, which is being collected as usual through the cities and normal commercial waste haulers. Elias listed the four categories again as four piles of hazardous waste, appliances, yard waste, and garbage. He said if the public can use that system, it really facilitates the collection and keeping in compliance with the Department of Natural Resources (DNR) and EPA permits at the landfill. Harney clarified whether hazardous waste materials needed to be upright and handled differently than being put into a dumpster because of spills. Elias said the hazardous materials should be isolated and separated from a dumpster full of garbage. Harney said even if they are separated, the chemicals have to be upright and not leaking. Elias said if the chemicals are leaking, it presents another hazard. He said the EPA team is available to come to a location for a collection. Elias said the public can call the EPA team directly or Elias can pass the information on. Elias said the EPA team works effectively. They are also tasked with orphaned containers that have washed down river. He said the team has no limit in the size or scope, but has not begun yet based on the flow of the river. Elias said he anticipates the EPA will begin by this weekend or early next week.
R. Sullivan asked if the EPA go to a subdivision and go house by house collecting hazardous waste as long as it is separated. Elias said the EPA will pick it up if it has to be placed at the curb because they cannot go onto private property. He said the EPA is collecting chemicals as well as appliances like refrigerators, lawn mowers, and water heaters. The EPA will manage those at their site with a full disposal like the landfill would, but they have separate contractors and arrangements.
Stutsman asked that includes subdivisions in the unincorporated areas. Elias said this EPA group is tasked from Johnson County to Keokuk County so they have a large territory. He added there is another EPA group in Cedar Rapids that manages the area to the north. Stutsman asked how the Riverside Drive location is handling sandbags. She said she did not see anyone there that morning. Elias said the landfill has traffic signs and markers showing where to dump them. There is no charge for sandbag disposal, so they are just stock piling them at Riverside Drive and the landfill. He said his department just took delivery of a new machine they hope will be able to sort the bags from the sand in order to reuse the sand. Stutsman said many people are concerned about what would happen to the sand. Elias said the sand is a valuable resource so they would like to sell the sand back again, but is not sure how it will work. Elias said the packets include explanations of how the landfill charges, which he would also be happy to explain.
Harney asked how the Board designates what is flood debris and to track it for reimbursement from the Federal Government. Elias said in the back of the Board’s packet, there are landfill tickets. The flood-related debris ticket is filled out annually in the scale house line at the landfill. The individual certifies the items are flood related, which is good enough if individuals say so and are willing to put their name and address down. Elias said the landfill is waiving the fees for residents who haul items in themselves or have help other than from a commercial hauler. Elias said the landfill hopes to recover their operational expenses from FEMA. He said if items are disposed of through a commercial truck, the relationship is between the hauler and the customer, so the landfill will charge regular fees. Harney asked if the County will be billed for dumpsters left in residential areas to collect the debris, which will be brought to the landfill by commercial haulers. He asked if the County will have to seek reimbursement, or if it can be handled internally with the landfill. Elias said whoever the hauler is will receive a regular landfill bill. He said there is a typical landfill ticket that will be flagged as flood related for FEMA reimbursement. Elias said if a commercial hauler brings it, then the relationship is with the truck company and is charged as such. The hauler can supply the County with invoices indicating the charges are disaster related. Elias reiterated if a household or business brings items, then the landfill will waive the fees and recover them another way.
R. Sullivan asked for a phone number for the EPA. Elias said he does not have the number with him, but that he can follow up with it. Stutsman asked who is completing the County’s debris management plan. R. Sullivan said Elias would send a copy of the City's to M. Sullivan that the County can adopt or change. Elias said there will be a change names and telephone numbers, but the procedures should be similar. R. Sullivan said since both organizations use the same entity, which is the landfill, that makes sense.
A member of the public asked how long the EPA staff are going to be in the area. Elias responded the EPA is expected to be in the area until things taper off, which is likely a month and possibly longer. He said it may depend on how the orphan container collection on the river goes. Elias said the EPA has their collection facility in Iowa City, but their task goes all the way down to Keokuk. He said those communities were damaged after Johnson County. The member of the public asked if the EPA will be go into neighborhoods where things have washed up. Elias said yes, and added there is an orphan drum hotline, but he believes it is a Department of Natural Resources (DNR) number on the DNR EPA press release section. Elias said if people find the containers washed up on the river bank in their area, they can contact the DNR hotline or the local number he can provide. R. Sullivan said the Board appreciated Elias coming to the meeting to provide the information.
R. Sullivan said another issue regarding clean up is the issue of inspections. Stutsman said before the Board finishes the clean up discussion, she asked if the County was going to put dumpsters in subdivisions. R. Sullivan said the Board had not discussed that, but can in this agenda item. Stutsman said the Board should talk about the dumpsters first. Neuzil asked what was done in 1993. Dvorak said the County placed dumpsters in the critical areas after the flood of 1993. He said the County had them in the River Front Estates and in the Izaak Walton area. Dvorak said it leads into what Stutsman was asking about the inspections as well. He said his team has set up their critical areas in the areas in the Geographic Information System (GIS), and are doing daily assessments to determine where the County can start inspecting. Dvorak said his team inspected Sutliff yesterday finding cabins down the river, which were condemned. He said some people were let back into their houses. Dvorak said the County had a good plan in place. He said he sent one of his staff to Linn County to get their information and have tags and specialty sheets done. It has not been linked to the web yet, but will be. Senior Building Inspector Ruben Arsate assessed the Izaak Walton, Showers, and trail areas, reporting that the areas are not as bad as expected.
Dvorak said there are five critical areas plus other areas Planning and Zoning is still assessing. Five to ten residences would be considered a critical area. Dvorak said Sutliff is one area, and the Showers and Winter Eagle Trail area was another. He said those areas were not too badly damaged, but the County should have at least one dumpster in each area. He said the road in the Tri County Bridge area is open but there are a lot of cabins that may be impacted. Dvorak said when River Front Estates and Izaak Walton are opened, those two areas will be included. He said those are the five main areas the County will focus on, plus any individual areas to be added.
R. Sullivan said there will be many individual residences, but the key to these areas is they are clustered so the County will receive a return on their investment. Dvorak said they picked up four houses, but they are on a lane that may be hard to get a dumpster into. Stutsman said the Board surely could not make these locations available. She asked how long the dumpsters were down in the area. Dvorak replied about a month. He said one of the most critical areas was in Izaak Walton and the dumpsters were in place there for a month. Dvorak said the advantage is most residences were smart because most of them elevated. He said that would cut his staff’s inspections down to nominal. Dvorak said they will have damage because the flood exceeded what residences elevated to, but it will not be like when none were elevated, in which case most homes were destroyed. Dvorak said few homes were elevated in Izaak Walton.
Stutsman asked how the County will have three different dumpsters handle the separation issue. A member of the public said in 1993 there was no separation because it was before these issues were considered. A River Front Estates representative said it seems like residents are being told to set the hazardous chemicals off to the side and coordinate with the EPA on those as well as the appliances. She said residents want to cooperate, so they could work as neighborhoods to coordinate that. Beyond that, there would be an issue of separating true garbage from things like tree limbs.
R. Sullivan said if the County set out a garbage dumpster, it would be just for garbage and residents could make a yard waste pile if desired. Stutsman asked if each area could have a contact person to explain where to put various materials. She said she would hate if some people dutifully separated things and others dump everything because they did not know. R. Sullivan said the County needs to get Elias’s packet of information to every house. He asked if Dvorak had a list of each residential property and whether the County could send each resident an instruction sheet. Dvorak said it would be easy in the Izaak Walton area and River Front Estates, but the others are cabins. He said Planning and Zoning is having a difficult time getting addresses for most of them. Harney asked if fliers can be distributed through the inspections. Dvorak said that was brought up by their inspectors. One sheet lists hazardous materials and one can be added about separating trash.
R. Sullivan said the County could leave a copy attached to any dumpster it makes available. M. Sullivan said he will make copies for everyone before they leave. A member of the public suggested putting signs on the dumpster. Stutsman asked if the Board has agreed to provide four dumpsters at River Front Estates, the Izaak Walton area, and the Sutliff area. R. Sullivan said he counted five. Stutsman said there are not as many houses at the Showers or Tri County Bridge areas, so she wondered if one dumpster could be put at a central location for both areas. Dvorak said that is what he would recommend.
A Riverfront Estates Representative said she wanted to say how appreciative residents are of the County cooperating with other governmental agencies in handling the disaster. She said her road still has three or four feet of water on it. She said her street has 28 homes on it with 24 still with water inside. She said it is a mix of homes that have not been lifted and a number that have, but found it was not high enough for this magnitude of disaster. She said her whole house was 25 by 25 feet, which was rebuilt after the flood of 1993. She said she watched it be emptied after that flood into a dumpster in her driveway. She said she does not think anyone could imagine how many individual pick-up truck loads it would take to bring the material from destroyed homes to the landfill. She said the amount of County and landfill staff time would also be remarkable. She said neighborhood residents understand the Board has a limited budget and they are trying to coordinate a lot of things, so anything the Board could do to assist would be greatly appreciated. She said there are 28 homes so four dumpsters will be filled in the initial cleanup phase in 45 minutes.
She said Mennonite Disaster Services (MDS) State Coordinator Danny Yoder is present and his organization has approached her neighborhood to coordinate the initial phase of the clean-up. Yoder's volunteers would provide an opportunity to leverage the resources of a tremendous organization that could help with the neighborhood cleanup. She said the Board was involved with the 1993 flood cleanup. She asked if it would be possible to bring in the several dumpsters for the initial phase and then remove some as the neighborhood goes into the tidying up phase. She said MDS volunteers tear out the ruined parts of homes. She said the workers could coordinate to ensure the right amount of trash goes into the right dumpsters. She said her neighborhood is also very committed to that idea as well. She said having enough dumpsters to handle the amount of trash in the initial phase to handle trash, garbage, and hazardous waste is a very important part of the cleanup. Otherwise it is much more difficult, especially as it rains more, which is hard on everyone. She said there is an opportunity to handle the situation in a very good way for the County, the surrounding neighborhood, and the environment. She said she wanted to thank R. Sullivan for being in a very hot meeting at Hawkeye Arena and Harney for going to the River Front Estates Association meeting. Everyone is working so hard to meet the demands of the disaster and the regular business, which is a challenge. She reiterated in the initial phase, four dumpsters will not be enough.
Dvorak said for the structures that were not elevated, FEMA is going to send down inspectors. The purpose of FEMA group Planning and Zoning is working with is to do assessments of structures that were not elevated. He said when FEMA does their assessment, those that want to elevate can. For those that do not, owners have to prove that the reconstruction of the house will not exceed 50% of the value. FEMA’s policy is the same as in 1993. He said if the house exceeds 50%, it has to be elevated. He sent copies of that policy to the Board and it is also on the Internet. Dvorak said he wanted to warn individuals not to do too much if they are interested in not having to elevate, because they have to prove that the house would not exceed 50%.
R. Sullivan said, in terms of the dumpsters, the County clearly needs a lot at River Front Estates, some at Izaak Walton, and one or two at Sutliff. He asked who will take responsibility for the dumpsters. R. Sullivan said clearly the County does not have it budgeted, but the expectation is that FEMA would pay more than 90%. R. Sullivan said in 1993 the amount was close to 99%, but has gone down. Stutsman said it sounds like in River Front Estates things are already well organized. She said River Front Estates just needs to let the Board know what they need.
R. Sullivan said his concern is if it is a contract the County will pay for, and will have dumpsters brought in and removed, then he wants it to be approved and not someone randomly selected. Harney asked if it could be arranged through Planning and Zoning. Neuzil asked who was involved in 1993. Meyers said the Board arranged the dumpsters directly in 1993. The Riverfront Estates Resident said former Supervisors Charlie Duffy and Joe Bolkcom coordinated providing dumpsters and porta-potties for the large group of volunteers. She said when talking about major cleanup, the neighborhood will not have running water or electricity for some time. She said when the MDS brings volunteers, they will also bring generators. R. Sullivan asked if Dvorak would coordinate with people within each of the five locations to try to do whatever is needed. Dvorak said the neighborhood groups can appoint a liaison for him to work with. He asked if he needs to take bids for the dumpsters and porta-potties. R. Sullivan said bids are waived under the flood emergency.
Chappell said porta-potties are not a public improvement. He suggested having a running Board agenda item that Dvorak can give feedback as to how much money is being spent. Also a Board member liaison could be appointed to work with Dvorak. Stutsman said the regular Planning and Zoning liaison, Harney and she, should work with Dvorak. R. Sullivan said he is not concerned about the cost, because it has to get done one way or another and obviously the County has an expectation FEMA will reimburse it.
Harney said there are five locations where the County is going to be involved, but there have also been requests from rural residents along the river for strategically located dumpsters to take items that floated downstream. Harney said it is not all gas containers or hazardous materials. R. Sullivan said he thought the EPA will take care of them. Harney said the EPA has specified orphan containers, which means gas containers, oil cans and similar containers. Stutsman suggested Dvorak, Harney, and she work out the details because the Board could spend all day on specifics. She said Dvorak has done this work before. R. Sullivan said this is the time for public discussion, as they will not have the opportunity to speak later. R. Sullivan said there has been talk about licensed contractors in Linn County. He said he does not believe the County needed to go to that extent, but it would be helpful to keep in mind who Elias works with regularly.
Dvorak said the County is mirroring Linn County as they had already inspected 400 homes. R. Sullivan specified that he meant who could provide dumpsters. Meyers said locally there is only a handful of businesses that have that amount of dumpsters and who can empty them often rather than letting it sit for two or three days.
Yoder said he appreciated Harney’s invitation to attend the meeting. Yoder thanked Bolkcom for his work in 1993. He said at that time Bolkcom was instrumental in the cleanup on River Front Estates. Yoder said Bolkcom asked the Board to waive the landfill costs to the residents at River Front Estates. He asked if it would be possible to do so again. Yoder said he asked the Iowa Mennonite School Principal to involve their students in the cleanup. Yoder said during the 1993 flood the school was in session so it was easier to arrange, so he is not sure how many students he can have help at one time. It will take at least three days to clean every home. He said inspections need to be done first so he does not want to move forward until then. Yoder said if they cleanup now, inspectors will not see the extent of the damage. He said he would encourage FEMA to inspect the area quickly so volunteers can work while debris is still wet. He invited everyone present to lend a hand.
R. Sullivan asked if Yoder has worked with the ecumenical community who were also trying to coordinate volunteers or through the United Way’s new volunteer action center. Yoder said there is a National Mennonite Disaster Service Office at the Iowa City Mennonite Church who is working with those groups. R. Sullivan said that is an important coordination. It is important for those in the audience to know that there is a number, 338-VOLS, for those that need help with flooding projects to help from volunteers. Yoder said their first priority is the uninsured, widows and widowers, and handicaps in cases like this, but his group will help whoever asks.
R. Sullivan asked if the Board agrees to delegate the details to Dvorak’s liaisons regarding the timing and the number of dumpsters. Harney said as soon as the water goes down and soon as the inspections get done, the liaisons could start. R. Sullivan said they could start on Sutliff now. Harney said he wanted a clarification of the Board if the liaisons are authorized to provide dumpsters in the rural areas that need it Meyers said the Board would need to. R. Sullivan said he wants to check with Elias first. He asked Elias if the EPA will address items other than containers. Elias said the EPA is addressing orphan containers and hazardous waste, which includes appliances, but not garbage or wood waste. Dvorak asked if the EPA will go to rural areas. R. Sullivan said they would.
R. Sullivan said to answer Harney's question, the Board should see if Dvorak thought an area needed it. Stutsman said she does not want to provide a dumpster for everyone in the County that wants to get rid of something. She said she did not know how to monitor it. Meyers said if residents are asked, County staff could verify there are items in their field as an example. R. Sullivan said the Board talked about the five subdivisions at this meeting. As the Board meets every week, if an individual can make their case, the Board could address it in addition to the current five areas. Harney said he did not think the Board needs to revisit it as it is a necessity for areas along the flood line where the water was up. He said if it is an obvious issue the liaisons should be able to address it. R. Sullivan said his concern is the Board is doing public business and is spending public money. Even though the County will get most of the money back, it will not get it all back. He said he wants people to know what the Board is doing so he worries about a carte blanche response.
Elias said in the debris management plan Iowa City is preparing under the FEMA guidelines, one of the requirements is to have a debris monitor to visually check claimed items are disaster related. He said the Board could appoint someone in an individual neighborhood and designate that person in the County’s debris management plan to ensure regular trash is not being thrown. R. Sullivan asked how Iowa City will comply, if inspections will take place when trash reaches the landfill. Elias said the garbage crews in the field can and his crew can also verify at the landfill gate before signing off the ticket. Elias said, however, if the County parks an uncontrolled dumpster, they need to designate someone to keep an eye on it. That would get FEMA approval for the plan.
R. Sullivan asked if the Board should limit the dumpsters to five or say anything Dvorak can address anything in the County he feels is important. Stutsman said Dvorak just needs to assess and let the Board know what he thinks. Meyers said he spoke with someone south on Sand Road, stating there were about four or five people along that stretch with debris in their fields. He said the caller claimed the County put dumpsters in the area in 1993. Meyers said if it was a resident across the road who did not have the river running through their property, then they should not be able to get a dumpster. R. Sullivan said he is getting a sense from the Board to leave it at Dvorak’s discretion. Chappell said Dvorak can make sure citizens know they can transport items to the landfill at no cost. He said that is important to the extent the Board can avoid putting out dumpsters when residents who have trucks and can help get volunteer help to clean up the debris and take the waste to the landfill themselves. Chappell said the landfill has stated they will not charge anyone disposing of flood waste, all residents do is sign a ticket stating it is flood related. R. Sullivan said whatever private company Dvorak works with will have to understand, like Elias explained, a ticket is needed for the County to get the FEMA reimbursement.
R. Sullivan asked if this needs to be put in a future agenda for formal action. Chappell it depends on what he meant by "this". He said if the Board is going to pay bills, at some point the bills will have to be approved by the Board in the form of claims. He said if the Board is going to have a formal contract, the contract will have to be approved. Chappell said he does not hire a lot of dumpster companies so he does not know what their expectation will be. He said he suspects that having a contact like Dvorak telling them the County needs dumpsters at certain places will provide some level of assurance the company will get paid. The County would know the cost and would then pay them. Chappell said there is no requirement for formal bids or a written contract. It is a matter of paying for the services received. R. Sullivan asked if the Board could start the project. Chappell replied assuming the County can find someone to do the project. If it takes a formal contract, the Board meets every week and will also meet June 30, 2008. Chappell added the Board is generally available on short notice for a meeting if necessary. Chappell said ultimately nothing will get paid without going through some form of formal approval by the way of a claim. Harney said there were some other individuals that wanted to speak.
River Front Estates Representative Kevin Kacena said his is the first house from the dam now because the first house floated downstream; his is the second property. He said when the MDS was working, there were two or three haulers on site hauling dumpsters out at one time. Kacena said once the MDS starts working it is a two to three day process. He said there were outhouses provided by the County for the MDS and the Red Cross. Kacena said the Red Cross would serve meals to volunteers. He said at the moment he has over six inches of water in his house. Kacena said he assumes the water is about two feet deep still on the road. He said like after the flood of 1993, the road will have to be stabilized by adding six inches to a foot of gravel to the road for dumpsters and people getting back in again. Kacena said the neighborhood uses haulers during the initial cleanup, hauling away dumpsters as they were filled because they would get refilled the same day. Stutsman said that it is good to know what to expect.
Dvorak asked if the County paid for the rock on the road. Stutsman said it is a private road. Kacena agreed, saying their housing association paid for the rock. Kacena said the County graveled to the mailboxes. Harney asked if the Board would authorize porta-potties in areas Dvorak deemed necessary. R. Sullivan said he thought the Board was leaving that to Dvorak. Stutsman said they can coordinate with the Salvation Army for food. Kacena said the neighborhood wants to clean while the debris is still wet so they will work on the road as soon as possible to get a good covering in place
River Front Estate Representative Larry Hugan said he also lives in River Front Estates. He volunteered to help with hazardous waste because he paints for a living. He suggested centrally locating some pallets for hazardous waste bottles and cans and putting up a sign to indicate its use.
R. Sullivan said the Board should discuss inspections as there is no more public comment. Dvorak said Planning and Zoning had a practice run yesterday and are now are ready for the bigger areas. He said the process will be similar to Linn County, but not like what Cedar Rapids did. Dvorak said Planning and Zoning is asking residents not to go into the properties until the inspections are completed. He said he knew people were entering now. The goal was to have two teams: one for River Front Estates and one for Izaak Walton, which are their initial sites. The other areas will be inspected in time and as areas come in. There is an inspection sheet prepared.
Dvorak said if the Board has specific requests to pass them on today or they can have a generalized discussion. R. Sullivan asked if Arsate could just give an overview of what items the inspectors would be looking for and when. Dvorak said because River Front Estates is elevated so much, Planning and Zoning anticipates being in and out in two to three days max. Dvorak said the elevated homes will take very little time to look at the foundation and the basic structure. He said what is left of the non-elevated homes will require a much more in-depth review.
Arsate said their inspections are a straightforward visual inspection of the site initially to determine structural soundness. If residents need to start cleaning immediately, the inspectors can then tell them if it is safe. Planning and Zoning prefers residents wait until their initial FEMA assessment so the residents are placed in the right category. Arsate said the most important factor is the electrical systems. He said anything in the electrical system that has been submerged will need to be replaced. If manufacturers say electrical motors can be reconditioned, it would be up to the individual to get the information on refurbishing motors or components and ensure it is done by a licensed professional.
Arsate said the second issue is the mold concern, so the heating, ventilating, and air conditioning (HVAC) systems will be a big concern. Arsate said if the plenum has been submerged, it will need to be replaced unless the manufacturer says it can be refurbished. He said in Des Moines they have used chemical cleaning compounds and dried components with heat making them salvageable. Arsate said the duct system is critical because it can distribute the mold spores throughout the habitable space. He said if residents have galvanized sheet metal or duct work, it will need to be cleaned by a licensed professional and then documented provided to inspectors. Arsate said any insulation that is part of the system will need to be replaced because it was contaminated. He said flex duct system will need to be replaced entirely because it is all integral and there is no way to replace the insulation to use it again. Arsate said the Building Division is keeping up with regular inspections and plans reviews well with one plan review left currently. He said everything is being doled out on schedule as always.
Arsate said Planning and Zoning is clustering flood victim inspections as much as possible. He said Dvorak and Assistant Planner Josh Busard created zones in clusters as much as possible so inspectors do not waste time and fuel. Arsate said inspectors started at Sutliff, working their way from on one end of a section to the other. He said that is the approach they have taken and have been able to keep up so far.
R. Sullivan said Sutliff homes have had the preliminary inspectors so the floor is safe to walk on, but asked what residents need to do if the electrical system was swamped. Arsate said residents would need Planning and Zoning permits for the electrical, HVAC or plumbing systems. R. Sullivan asked if residents could start mucking out the house. Dvorak said they could.
Harney asked if Planning and Zoning is charging for the initial inspection or fees. Dvorak said it will be the Board's decision whether to waive fees for the actual reconstruction. He said if the Board would like a recommendation he would be glad to share his thoughts, but it is the Board's decision. R. Sullivan said the Board should find out what other entities are doing. Arsate said Linn County is waiving all flood related permit fees. Neuzil asked if Linn County is tracking the costs associated with permit fees for reimbursement. He said the reason the County has permit fees is because they reimburse additional services. Neuzil asked if Linn County is tracking those hours so they can potentially be reimbursed. Dvorak said Planning and Zoning is tracking every minute, including the time they speak with the Board, and associate it with a job. Dvorak said if the County gets permit fees back he does not know. Neuzil said he was not suggesting the County get permit fees back but at least track the time and effort put into it for later reimbursement. Dvorak said Planning and Zoning has been doing that at least two weeks now. R. Sullivan said what Neuzil is saying is the County’s permit fees are determined to cover the cost of doing the inspection. So if the homeowner is not paying those costs, the Board wants to make sure FEMA will.
Harney said the Board would have to check with Wilson. Stutsman suggested it be a separate agenda item. Chappell said if the Board wants to take action on it, they can do so as a separate agenda item. He said he believes Iowa City has already taken action, waiving flood related inspection fees. He said he has not studied the resolution however. Meyers said Iowa City is not waiving the permits themselves, but the fees associated with them. Dvorak said Cedar Rapids is not waiving the fee, but they hired 100 inspectors to help out. He said Planning and Zoning would look into it and add it to a later agenda. R. Sullivan said it would be good to know soon.
Dvorak said Planning and Zoning has had people requesting electrical permits already. He said if residents want to get their permit now, they will have to pay the fee. If residents want to wait a week or two until the Board has all the information to make a decision, then they can wait. R. Sullivan said that if the residents want to pay a fee, then FEMA may reimburse them. Dvorak said he is not making any promises. R. Sullivan said if it is flood related, the assumption is that FEMA is covering it, whether through the individual or the County. Dvorak said the houses in Sutliff are not in the flood plane and he was told they would not receive anything.
Arsate said FEMA would reimburse if residents do not have their own flood insurance. R. Sullivan said there are a lot of considerations before the Board decides either way. Stutsman said she would like to know how much it would impact the Planning and Zoning budget. R. Sullivan said the Board has to be careful. Dvorak said the Building Division has never had inspections like these to deal with before. He said he thought the inspectors could be finished in two to three days. Dvorak said an inspector from the gas company will accompany County inspectors. He said once the electrical inspection is completed, Mid-American Energy will know they can turn everything back on after the inspection. Dvorak said he hopes to have a fire marshal during inspections and FEMA will be involved, but County Inspectors will not wait.
Harney asked what part the Health Department plays besides inspecting the wells and checking the septic systems. Dvorak said that is all Public Health Director Douglas Beardsley has said he is concerned with today. Meyers clarified if Planning and Zoning will require proof regarding the mold. Arsate confirmed they will require proof for the duct working. If the HVAC system can be salvaged, it will need to be cleaned and treated by a trained professional. Meyers asked if there are any issues about walls or crawl spaces. Arsate said in that situation the wet spaces will be exposed and given time to dry out. Anything that has been submerged will need to be treated. There are chemicals available to the general public to use in mold treatment. Arsate said once it is treated, it will be concealed so it helps reduce the transfer of the mold. Meyers asked if Inspectors need proof that the mold was treated. Arsate said once Inspectors determine something was submerged therefore needing treatment, they will require documentation saying residents have treated for mold.
Meyers said electricians and plumbers are easy to find, but asked if information on mold treatment is available. Arsate said Planning and Zoning has already put the EPA information on the County website. He said there are also handouts available at Planning and Zoning. Arsate said Planning and Zoning also directs callers where to get the information. Meyers asked if the handout tells residents how to handle the mold. Arsate said it says what product to use. Meyers asked if there are mold professionals. Arsate said there are some, but they will be overwhelmed with calls. Meyers asked if the County is maintaining a list of local professionals. Arsate said the locals will be listed in the Yellow Pages. R. Sullivan said the County does not certify those individuals.
Dvorak said that goes back to the certification. There is a metro licensing process in place accepting any licensed contractor already licensed and has done work in the County. He said if anyone comes from out of state or another community, they have to get a license from the State as they do all licensing now. Dvorak said the County lost that control. Arsate said the contractor has to register with the State, then submit applications to the County which his employees check. Dvorak explained when someone hires an electrician, that electrician has been licensed in the metro area. It is the same with HVAC and plumbing professionals.
A River Front Estates Representative said the Board has been talking about waiving permit fees and FEMA’s involvement. He said there were a number of homes and cottages that were not primary residences for individuals and so do not qualify for any FEMA or Statewide Victim Assistance. He asked if the County would waive fees for those individuals’ reconstruction; if they could be part of the County’s relief. R. Sullivan said the Board has not decided to do any yet, but said it was a good question to consider.
Recessed at 11:43 a.m.; reconvened at 11:53 a.m.
R. Sullivan said William Gorman is resigning from the Johnson County SEATS Paratransit Advisory Committee. The application from Dion Williams meets the qualification as an ex-officio member.
R. Sullivan said after the last of many discussions of Eagle Avenue the consensus last month was for property owners to submit a plan for vacation. He said the Board heard from a few farmers that use the road periodically who were opposed. The Board is revisiting the issue but he is not sure what new information is available. Neuzil said the County’s protocol says if the adjoining residents agreed to road closure, then the Board would consider the process. Harney said he had spoken with residents who have changed their mind and do not want to vacate. He said he spoke with Eagle Avenue Resident Monty Schrock who was originally in agreement with the vacation, but they are not pursuing it any further because there are objections along the road.
R. Sullivan said he is frustrated because land owners won’t donate the right-of-way for the County to fix the road and residents do not want to vacate it, but yet the County is supposed to somehow take care of it. He said the County has been placed in a position they cannot win. R. Sullivan said he has been on the Board for three and a half years, discussing it twice a year since then spending $500 in staff time sitting each meeting. Nothing gets done. Stutsman said she hopes today’s meeting will decide what to do. She said what has come out of the situation is the Board will, under no circumstances, ever again approve a homestead on a Level B road. Stutsman said the Board is dealing with the consequences of a decision made several years ago and have been trying to make it work within their policies and parameters.
Stutsman said she does not think the Board should spend any more money on this road to upgrade it. She said the Board has too many other priorities to give Eagle Avenue that consideration. In view of that, she asked how the County can make it work for those living on the road. She said one argument is the residents bought the homes knowing they would be living on a Level B road and knowing the County’s policy is those roads are minimum maintenance roads graded once a year with no snow removal. Stutsman said on the other side, when people live on a road that emergency vehicles cannot get access to, she feels responsible as a Supervisor for public safety. She said the only compromise she can see is sharing the cost with residents to put rock on the road. Stutsman said the County and residents would both pay for part of the cost so the County is not totally responsible for the road. She said the County would not upgrade the road, but put a 50/50 cost share on the. Stutsman said if the residents do not pay their portion then the rock application will not be done.
Harney said that was his thought because the Board should treat it the same as other residents where their roads do not have 60 foot right-of-way who share the cost of half of the rock. He said he did not want to see the whole road so the County should add rock from either end just to the residences. Harney said if the residents are not willing to share the cost then they can keep what they have. Neuzil said the problem with that is to do the work, Secondary Roads would have to trim trees to gain access and identify the property lines. Stutsman said she was just thinking of the first big curve that turns south. Harney said there is a house just past the curve that would need to be included. Parker said there are two homes that access the short northeast/west section that turns into level A as it goes north into Highway 6. He said there is not six feet of right-of-way, which is why it is a Level B road. Parker said the last time the Board entered into a similar agreement was when former County Engineer Ed Tice worked at Secondary Roads. Stutsman said she was on the Board when Tice was there. Parker said the County would also need to fix the drainage otherwise the rock would disappear. R. Sullivan said then the Board is talking about spending money, which is not fair to other taxpayers. Parker said they would want to expend some effort upgrading the road to get rid of the drainage and take care of the drainage issues, before spending gravel.
Neuzil said another option the County has used, the Newberry Road off Highway 382 for example, allowed residents to upgrade their road, which the residents paid for. He said if there is a section of Eagle Avenue that residents want upgraded, they would have to be willing to pay. Neuzil said if residents want rock on it, the upgrade would have to be up to 66 feet to meet the standards. He said it sounds like the upgrade would be desirable up to the hill just past Shrock’s house.
R. Sullivan said there would be two ends, the southwest and the northeast. Neuzil said his point is the County has allowed residents to invest in a public road in front of their homes, but residents paid for the upgrade. Neuzil said the work to be done was certified by County engineers. Harney said the difference was upgrade was treatment for dust control, just laying down chip seal; the County did not upgrade the ditches. Neuzil agreed, but said there is some precedent for residents putting money into their roads. Neuzil said Newberry Road was a test pilot; those residents seem pretty happy with the process. He said perhaps that option is a way of getting around the issue without vacating the road and getting the residents to agree by making it their driveway and working on agreements for themselves.
Stutsman said regarding the vacation, the Board has had a policy wanting all residents living on the road to agree to a vacation, but that is not required by the Code. She said the Board could still vacate the road, even if all the residents along it do not agree. Chappell said the Board can. Parker said it has been the Board’s action they want to see all the residents agree before vacating because it removes a section of the roadway that was originally the County’s responsibility.
Neuzil said the other option discussed is dead ending the road at a certain location. Parker said that is an option, but he has heard there are some local agricultural farmers that use the Level B road as a shortcut to and from their fields. He said whether the County has residents pay for the road or share the cost, it will still be a County road so anyone can drive on it. The people paying the cost will not be happy about others driving on it. Harney said that is the case on any road less than 55 feet. He asked residents if they would expect Secondary Roads to clear the road for them, but the residents do not. They will take care of the maintenance themselves. Stutsman said those terms could be included in a cost share agreement; the County would only rock. R. Sullivan said Parker said Secondary Roads cannot just put rock down without draining, because it would be a waste of money.
Stutsman asked for a ballpark figure on how much it would cost to fix Eagle Avenue. Parker said he could not because he did not prepare those costs. From the County’s investment standpoint, Eagle Road is a Level B road and they will not change the classification. He said, however, that is effectively what the County will have to do to protect their investment. Parker said road crews would have to clean the ditches, add drainage, get some crown to the road, so effectively it would be a Level A road. There will just be different operational activities on that section of the roadway.. Harney said that is not what residents are asking for. He said he understood what Parker was saying about the drainage, but the County is not going to have the money to upgrade that road given the other issues. Harney said the basic question the residents are asking is if they can get rock up to the point of their driveways. Neuzil said rock for a dirt road. Parker said this has been the worst spring on record for many, many years. He said the Level B road is showing its ills. R. Sullivan said he spoke with residents living east of Solon on a gravel road that want more rock for their road. He asked if the County will add rock on a dirt road when residents living on a rock road want rock and cannot get it yet either.
Neuzil said in the Newberry Process, the residents organized and gave the Board a proposal. After a process, the Board agreed to try their proposal. Neuzil said the proposal was to invest in a public road, if the Board would agree, which the Board did. He said he looks at this situation similarly. Neuzil said if the residents meet the requirements of a County road, want to upgrade and pay for it, he thinks that is a wonderful thing. He said the Board’s policy is not to upgrade dirt roads, and if they do, then all the residents have to agree to allow them to do that. Neuzil said the Board has a list of capital improvements in place. He said there are a few Level B roads on the list, which this road could be added to, but anything on that list will take two to three years to accomplish.
Parker agreed, adding one of the Board’s stipulations was residents had to donate their right-of-way. Parker said he personally received verbal confirmation from residents on Eagle Avenue that they do not want to donate the right-of-way needed to upgrade the road. Neuzil said then it is not going to get fixed. Harney said the Board is going further than what the residents are asking for. He said the residents are asking for gravel to their driveways for those residents approved before the current Board members were on the Board. He said residents are not asking for improvement on the full length of the road. He said he would not support that because it is such a crooked road, but he would support a cost share situation graveling up to their driveways.
R. Sullivan said his problem is why the County would cost share. Harney said the County cost shares with any other road that is under 66 feet wide. Those people pay for their roads, but everyone uses it. Harney said R. Sullivan said residents were asking for gravel on County roads, but he could not think of any the County is not gravelling that do not need it. Stutsman said those aren’t Level B roads. Stutsman said another issue Parker is saying he cannot support laying gravel on this road without fixing the drainage. She said there are all these catch twenty-twos. Parker recommended if the Board is going to expend County resources to take care of the drainage because of the gravel they are investing into it.
R. Sullivan said the County dumps a load of rock on the road, then they will meet in October about dumping a load of road and then again in March to talk about another load. Eagle Avenue has been on the agenda every six months since he has been on the Board. Stutsman asked what R. Sullivan would propose. R. Sullivan said the Board should leave Eagle Avenue exactly as it is unless the residents bring the Board a proposal to fix it, according to the County’s standards. He said he is willing to accept anything proposed that takes care of the problem. If residents cannot agree it is hard for him to support it, because the Board has so many more places to focus their road money. Neuzil suggested the residents lobby the Board to place Eagle Avenue on the Capital Improvements Plan (CIP) program if a proposal could not be reached. He said, again, for the road to be eligible for the CIP, every resident has to agree to donate the right-of-way so the County can improve the road to a gravel standard. Neuzil said that is what the Board has done with Sioux Avenue, Osage Street, and every dirt road.
Harney said he does not disagree as a rule, but when there are homes on a road approved by the Board years ago, and the residents are paying taxes like anyone else. They expect gravel, so how can the County say no when residents are paying for it through their tax base. Harney said he knew residents are not paying for the whole road, but at the same time there is an expectation to get to their home. Harney said if not, then the County needs to buy the homes out. Parker said he spoke with Dvorak to see when permits were allowed. He said in 1991 there was a house allowed to be built that had a permit. Parker said in 1998 there was a defunct trailer that the resident received a permit to replace it with a house. He said in 2004 another permit was allowed to build a garage storage structure. Parker asked Dvorak why building was being allowed on Level B road. Parker said Dvorak replied he could not stop it because it is an approved area for these types of activities. He said the County may be getting additional permits, though not necessarily for livable quarters, for other items.
Chappell said there may be some confusion, maybe among the public or the Board about what the County allows or encourages. In the past, the County has not allowed additional development, or subdivisions on Level B roads. Chappell said Road Performance Standards would be an impediment to having a new development on a Level B road. He said if someone had forty acres fronting a Level B road and they could get a driveway permit, they could build a house just like in any other agricultural area. There is no reason to not grant a building permit. Parker said he would not grant a driveway permit for that. Chappell said there has not been a process that would stop such a build. R. Sullivan said what has stopped those buildings is that Parker would not allow driveway access to a Level B. They would have to access at least a gravel road. Parker said they have worked out similar cases by receiving easements off of a Level A section or paved route. R. Sullivan said what the County could not stop would be an agricultural structure. Stutsman said she thought the issue was rezoning by Eagle Avenue. Chappell said there would be an issue if the only way into the property would be through a Level B road. He was not saying Parker could not deny the permit, but at some point it would get more difficult because the County must allow some access to the property. Chappell said people are assuming building is not allowed on a Level B road, which is not true. He said what the County ordinances do not allow is new developments or subdivisions. Chappell said some of these properties may have small zoning packages near them, and there are not vast areas zoned residential. He said these are agricultural properties put in an agricultural area zoned agricultural. Parker asked if in most cases the properties were in place before the new standards took effect.
Neuzil said the policy has been that if a Level B maintenance road is not accessible for Secondary Roads’ equipment, the County does not send new equipment in until the trees are cut back to allow access to maintenance vehicles. He said that is the policy the County has been following for all Level B roads. He asked if Secondary Roads could get their vehicles in. Parker said the section to Schrock’s property does not have an overburden of trees there. However, when the road turns south it gets to the point where equipment cannot be taken in. As the road goes west at the south 90 degree turn, there becomes an overgrowth issue. Parker said when overgrowth starts to rip off antennas or does damage equipment, they let residents know, provide a permit to trim trees and bring the equipment back later. Meyers asked who does the tree trimming; if it has to be hired out. Parker said Secondary Roads provides residents a permit, but requires a certificate of insurance coverage holding the County harmless, and if the residents want to hire someone it would be their choice at their cost. Meyers asked if a farmer wanted to move a combine and there was a big tree limb in the way, the farmer would pay to remove it.
Neuzil said the Board gave direction to Parker to try to access Eagle Avenue, but Parker had said it would not be accessible until likely spring of 2009. Parker said Secondary Roads does not know where the right-of-way is. He said he thought in the past there was a problem with a tree being cut down and the department being sued. Parker said he thought the County was on the positive side of the lawsuit, but did not know if it was in County or private right-of-way. He said the problem with Level B roads is they meander where people are driving may or may not be in the County right-of-way. Neuzil said the Board learned that with River Junction. Parker recommended determining where the right-of-way is to fully know where the County can remove trees and where it would be on private property. He said Secondary Roads got a quote from a local surveyor to determine that, but it was in the $12,000-$15,000 range. Parker said once it was surveyed, Secondary Roads could take care of the issues, but he wants to avoid any future potential problems.
Stutsman said they have talked about trees, but the bigger issue is the ravines going through the road. She said with continued rains, Eagle Avenue will be impassible because of the erosion and creating gullies. Stutsman said from that point of view perhaps the Board should simply vacate it. She said sooner or later someone will call in to say they cannot get their farm equipment through because of the gullies rather than the trees. Parker said Secondary Roads sent a dozer in per the Board’s request so the ravines were taken care of last winter. He said because of the three Presidential Declarations the County received for disasters, Secondary Roads is about 60-90 days behind the normal operational activities, so they are prioritizing things based on needs.
Stutsman said it seems there are five different opinions on what should be done with the road. R. Sullivan said he is disappointed it has come back for discussion. He said at the last meeting he thought the Board decided residents should propose to vacate the road. Now that is not happening. R. Sullivan said as far as he is concerned, he does not want any money spent on Eagle Avenue until the residents bring a proposal to take care of the road. He said it is unfair to people with terrible road problems that live on gravel roads. Stutsman asked if the Board has decided not to do anything until the residents come in with a proposal. Neuzil said that has been the County’s policy since he had been on the Board in regards to Level B maintenance. Neuzil said if the Board wants to change the policy they can.
Harney said a few years ago, residents tried to put rock on themselves and got in trouble. R. Sullivan said people must have a permit. Harney said the County should not have allowed any building, because now residents have a right to get to their homes. R. Sullivan said it is incumbent upon residents, if they want access, to produce a proposal for County action. The idea the Board is going to keep talking about solutions every six months indefinitely is a waste of time and resources. Harney said that is why the Board needs to make a decision. R. Sullivan said giving the residents a load of rock just delays the bigger decision of what to do about the road.
Meyers asked if any residents need to access the center section of the road. He said homes were mainly on the north and south ends. Harney said the land is all owned by different people that need immediate access. R. Sullivan said emergency services only needs to access the north and south sides. Stutsman said there was an issue with farmers to their fields. R. Sullivan said it saves a few people five miles.
Eagle Avenue Resident Tim Leaven said it sounds like the situation has gone full circle. The most irritating part is he went through this 25 years ago. He said the County had built the road with a 50/50 cost share approach, but then abandoned the road, doing nothing but put gravel on it for 25 years. Then five years ago the County quit putting gravel on it, but did not tell the residents. He said the County made a policy. Leaven said he found out from Eagle Avenue Property Owner Shamrock Russell that the department does not gravel it. He said it is catch-22 over and over again. He does not have any solution either. Leaven said the Board is right that the road will wash out again and the back side near Russell's is already washing out with all the rains. He said he has to access the road with a four wheel drive vehicle himself. Leaven asked what County policy is on taking care of ditches once a road like that is built. He said the overhang problems are from secondary growth from after the upgrade 25 years ago. He asked what will happen if the Board vacates the road. Stutsman said the County goes through a public hearing process. Leaven asked if the road would be gated. Parker said it becomes private land. Leaven asked if everyone can access the private land. R. Sullivan said the land owners have the ability to put a gate up. Harney said the road goes back to the private property owners, and then if someone is caught in the middle they would have to condemn their way back out. Stutsman said someone could get an easement from the private property owner to use the road for farming.
Parker said there are issues with all road vacations because of utility easements granting houses access to electricity, telephone, and cable. Parker said there is the potential possibility of land locking property, so the Board would need to establish access for those property holders as part of the road vacation. Parker said all that would be part of the conversation and the Board would likely preserve the utility easement. He said typically in a vacation, depending on whether the right-of-way was acquired through easement or fee title, the underlying property owner would revert back to that adjoining property owner to the middle of the road. Parker said however in cases of possibly land locking, an easement would need to be assured for those wishing to get to their property. Leaven there is also an issue with fiber optic cable along the road. R. Sullivan said he is sure the cable would be included in the utilities.
Parker said there has been changes in Level B operations. When the lawsuit took place was when the Board decided they would not do any more maintenance on Level B roads, which is what determined the policy. Harney disagreed because the County won the court case. He said the decision is whether the Board wants to cut the brush back. Parker said he was not here when the policy was decided. Chappell said he does not know what discussion is being referred to. The Board had a discussion before if not after Parker came. Chappell said everyone talks about the lawsuit, which they won, so the County absolutely can clean out any trees out of their right-of-way. Chappell stated he has said it numerous times that the County does not have to give notice or ask permission, although Secondary Roads does try to work with residents. He said it is a matter of deciding to spend money. He said just before the lawsuit, a property owner on Vincent Avenue had a death in the family, and Secondary Roads dumped rock so the funeral procession could get through. He said what Level B status means is the County does not guarantee the road will be kept open or level of maintenance beyond the very minimal. Chappell said that is what the ordinance says. He said the Board could make policy decision to rock or not, to improve the road, but Level B status does not guarantee that it will be kept up to a better standard.
Neuzil said former County Engineer Mike Gardener asked the Board what Secondary Roads should do with Level B roads. The Board agreed not to fix Level B roads unless equipment can access it, which will not happen until residents cut down trees in the way. If residents want minimal maintenance, they have to cut back their trees to allow access. Chappell said for years the County did not want to spend people hours clearing out. He said the County does not like to spray when they don’t have to. Chappell said with Vincent Avenue, Secondary Roads was already doing work just north of the road. He said Parker could tell the Board a large part of total cost is equipment mobilization. Chappell said when Secondary Roads was asked to do something about Vincent Avenue, they said yes because they had all the equipment close by. Chappell said the farmer on one side was happy and the person on the other was not. Chappell said they only cleared what was in the right-of-way. He said the concern is over time the centerline may shift. Chappell said the staff that have been working on the roads for years have an idea of where the right-of-way is, but asked how close the County is willing to get to personal property. He said the County will start paying money if they get off the right-of-way.
Neuzil said his opinion is unless the residents come up with a proposal, the Board should continue as agreed, which was for Secondary Roads under the direction of Parker to at least make it passable. He said the County would pay the cost and Parker indicated that it would be done this spring. Parker said Secondary Roads did send a bulldozer to take care of the washouts. Leaven asked what happens when it washes out again. Neuzil said it will be done next spring. R. Sullivan said the Board would have the same two meetings per day. Neuzil said if the residents want it done correctly, some of them will have to give in. Stutsman said maybe the County needs to give in too, as the public pays taxes. Leaven said he thought that was the purpose of the 50/50 split. Stutsman said she wants to know about the drainage issues to determine what it will cost, because this is the first time she has heard it is an issue. Parker said if the water is not removed from the road, it is going to be a sponge. He said drainage is important to any roadway because although the road will not stay firm it will firm up quicker. Parker said the property owner requested getting rid of the drainage, so Parker offered a permit to allow residents to put an agricultural tile through the road, but it may or may not correct the problem. He said the road is level with the fields so all the water sits there.
Neuzil said there have been Level B road situations with residents in the past. Neuzil agreed, adding the County would allow the resident to fix it, but they are required to pay for it. Harney said the difference is no one is living on those roads. Neuzil said the people fixing them still use the roads. Stutsman said when the road was impassible this spring an ambulance or Sheriff patrol car would not have had access. Harney said the way the Board left the issue at the previous meeting was Secondary Roads would survey and then grade the road. Harney said Secondary Roads graded it without doing the survey work. Parker said Secondary Roads sent the dozer in because there were deep ruts. Then the conversation changed to trimming trees. He said Secondary Roads can cut things in their right-of-way, but without knowing for sure, the County will end up paying. Parker recommended having a survey done. Neuzil said the Board has given him to direction to do so and is willing to spend the dollars to do so because they want the road passable. Stutsman said the issue is not the entire road, but the first leg.
R. Sullivan said he is not interested in pursuing anything that is not a permanent resolution. He said he would like to resolve it one way or another. He said he is not in favor of anything temporary. Stutsman said residents will keep asking, twice a year, what the Board will do about the road. R. Sullivan said that is why he wants a permanent fix. If that is the Board deciding this road should be made into a Level A gravel road, although he is not in favor of it, at least it would be a permanent fix. If the Board does not decide to leave the road alone, that is fine. If the residents come together and decide to do something, that would be the best solution, but he cannot make that happen. R. Sullivan said he does not want to continue to discuss it. Neuzil said he wants this to be a passable Level B road with as little maintenance as necessary. He said the Board made the decision at the last meeting that was all the Board would do. He said if he was a resident he would be organizing an effort to make the road their own or lobby the Board to put it in the CIP program to upgrade it to a gravel surface. Neuzil said that would be 66 feet of right-of-way minimum, with additional corrections. He said if residents think they will get rock for a dirt road that is not something the Board does anymore.
Parker said with today’s required design guidelines, there is no way he can build a road in the 66 feet minimum, especially with the two 90 degree curves. He said he tells residents it would be between 80 to 100 feet, with 120 feet at some places. Meyers said if upgrading it is dependent on adjoining property owners being willing to sell their property that decision has already been made. Leaven said if a hill going north would need 100 feet of hay field taken out. Neuzil said if residents want to make it their own private lane, they could put rock on 40 feet. He said his point is this could be the resident’s road so the same requirements would not apply. Harney said Planning and Zoning has a minimum access. Neuzil said that is 40 feet, which is already there.
Russell thanked the Board for his neighbors and himself. He apologized for the inconvenience, adding there are some indecisive residents. He said from listening to this discussion there seem to be two alternatives. First turn the road into a Level C, which for safety issues requires 100 feet, but none of the residents are in favor. Russell said, second, there used to be a 50/50 cost share that began in the Kent Park area, extending past his driveway, and then went over the hill. He said after another resident who took care of the paperwork for the cost share passed away from cancer, it never resumed and the trees grew up. Russell said during that time, the fiber optic cable and phone line were laid in the ditches. He said to get the ditches for drainage, the fiber optics were laid about 16 feet from the center. Russell said he got a permit to work on the road and equipment to take the trees out and spread the rock. He said to solve the drainage issue from the Kent Park area to his driveway, there would be a problem with the fiber optic cables in the ditches. Russell said gravelling it was possible with a truck that dumps from the bottom and lays it in with a grater. Residents could also vacate the road as discussed last time, but as there is some disagreement with farmers having access. He said the road is only eight to twelve feet wide in some areas. Russell said if residents vacate the road making it a private lane, they could give easements to those who need one and take care of their own expenses. Russell said the person who was going to handle it last time became involved with some other things, but he was willing to take on the project. Russell said if the fiber optic company needs access he would be more than happy to help them.
Meyers asked if Russell means to vacate the whole road. Russell said yes, and then Schrock gravelling his end, and then Russell would come in from the west. Neuzil said this sounds like a proposal, so the Board should assign a couple of Supervisors to work with Secondary Roads to review the proposal to see if it was possible. He said that is what the Newberry residents did when they came up with the concept for improving the public road in front of their homes. The Newberry residents have a level of road they appreciate which they paid for. Maybe the Board can work out an agreement on Eagle Avenue. Stutsman asked Russell if he is willing to pursue the vacation. Russell said he is willing to take it on. R. Sullivan said that was where he thought the Board left it and he was excited about the idea. Russell said he was as well. Several neighbors called him to see what was happening, but all he heard was not everyone was in favor so the ball got dropped. He said the residents need to follow through, not wasting time and coming to the Board twice a year asking why it was not graveled.
Stutsman said something had to be resolved because citizens have a right to come to the Board for discussion. She said the Board does not have to have everyone in agreement to vacate a road. Stutsman said if the Board goes through the public hearing process to hear both sides, but still decides it is in the best interest of the County, they can go from there. Russell said with the way the County budget is, especially with flood victims needing money, the residents do not need to be selfish, turning that road into a major thoroughfare.
Chappell said the Board has the authority to vacate without anyone’s permission. Chappell said the point of the public hearing process is not only to get the input, but also to allow residents the chance to submit forms for damages. Chappell said after the public hearing, if the Board receives claims for damages that have some merit, the Board then has a dollar amount and may decide it is better to do nothing or to spend the money on the road. Parker clarified that he heard a couple different ideas talking about bringing something back to the Board. He said Neuzil suggested having a couple Supervisors vet the proposal before it comes back to the Board as a whole. He asked Stutsman if it was her expectation to have another meeting rather than having something go through Parker and his liaisons. Neuzil said having liaisons work as a subcommittee with Secondary Roads seems like a good process and is similar to what the Board has done with other situations. He said it would be reasonable for the subcommittee to put a proposal together to present to the Board. Stutsman agreed. Harney asked how long the project may take. Russell said he would discuss it with Parker today to start the paper work as soon as possible. He said he would speak with those necessary to get signatures. Russell said he did not think it would take very long. Parker asked if the County is still looking at a road vacation, so he should hold everything until it is decided. Stutsman said everything else was on hold until the Board had the road vacation issue resolved.
R. Sullivan said the Board will need to meet June 30, 2009 at 9:00 a.m. He asked M. Sullivan to work on scheduling and posting an agenda that also includes the HR issue.
Adjourned at 12:45 p.m.
Attest: Tom Slockett, Auditor
By John Deeth, Recording Secretary