MINUTES OF THE INFORMAL MEETING OF THE JOHNSON COUNTY BOARD OF SUPERVISORS:
MARCH 3, 2009
TABLE OF CONTENTS
Page
Board of Supervisors: Appointments to the Justice Center Coordinating Committee and Subcommittees 1
Reports and Inquiries from the Board of Supervisors................................................................. 1
County Engineer Greg Parker: Dust Alleviation Permit for Johnson County Private Residents..... 2
Chairperson Neuzil called the Johnson County Board of Supervisors to order in the Johnson County Administration Building at 9:05 a.m. Members present were: Pat Harney, Terrence Neuzil, and Rod Sullivan; absent: Larry Meyers and Sally Stutsman.
Neuzil said there are a couple things the Board needs to be aware of. The Criminal Justice Coordinating Committee's name has been changed to the Justice Center Coordinating Committee (JCCC). Sullivan is going to replace Neuzil on that committee. Neuzil said they have added the Funding Subcommittee and now there are a total of four subcommittees for the JCCC. The subcommittees are Alternatives and Treatments, Public Awareness and Information, Facilities, and Funding. They will put these changes on the agenda for the Formal meeting of March 12, 2009. Neuzil said Harney and Meyers will serve on the Facilities Subcommittee, Stutsman will serve on the Alternatives and Treatments Subcommittee, Neuzil will serve on Public Awareness and Information, and R. Sullivan will serve on the Funding Subcommittees.
Harney attended the Agricultural Biosciences Breakfast series, a Joint Communications Center Policy Board meeting, the League of Women Voters Legislative Session, the Assessors Conference Board meetings, and the public hearing on the FY10 budget.
Sullivan said the Assessors Conference Board voted to reappoint County Assessor Bill Greazel and Sullivan said Greazel and his office does a fantastic job for the County. He said this office has consistently ranked in the top two statewide. Sullivan attended Decat site visits.
Neuzil said he was the emcee for the Greater Iowa City Area Dollars for Scholars Battle of the Bands. Neuzil said that Governor Culver will declare March as Flood Awareness Month on March 4, 2009 at 9:15 a.m. at the Old Capitol on the University of Iowa Campus. Neuzil said this will kick off a series of meetings Culver will hold at the Old Capitol. Neuzil said he will be attending the Iowa State Association of Counties Spring School of Instruction in Des Moines, Iowa this week. Neuzil reported that his next Listening Post is scheduled for March 13, 2009 at Bruegger's in Coralville at 7 a.m.
County Engineer Greg Parker said there has been a discussion about incorporating private chip seal coat activities as a dust alleviation process option that residents can use on County roads. He has sent two draft documents to the Board. Annually, a memorandum is sent to private residents who have requested or paid for dust alleviation. In the past, dust alleviation bids included calcium chloride, lignin sulfonate, soybean oil, and magnesium chloride. The County likes to give the residents many options and a lot of discussion has centered on adding another option. Based on those requests they have modified the letter. For reference purposes, they have added in a section for chip seal (oil) applications. One treatment is required per applicant as determined by the Johnson County Secondary Roads Department Policy. The policy will be brought to the Board in the next couple of weeks. Parker said that per the Board's request, they have taken the documents and modified them to include the seal coat options available to residents for private dust control alleviation.
Parker said after the Board reviews the language, the County Attorney will review it. Parker will submit these revisions and policy to the Board in a couple of weeks. Again one treatment would be required for the chip seal whereas two treatments are required per application for calcium chloride, lignin sulfonate, and soybean oil. Secondary Roads staff would prepare the road prior to installation or application of material. This is typically done around mid to end of July but it is weather dependent. Sullivan said in a normal weather year the right temperature for chip seal usually falls between mid June and mid September. Parker said seal coat can be installed outside of the recommended temperatures but it does not have the longevity as when it is applied in optimum temperatures. Sullivan said they are probably not going to approve permits that are outside of that window of time. Parker said the permit process may not change but the application dates may change. Sullivan said if someone requests to apply it in October the Board will decline it. Parker said they do bid to seal coating or chip sealing operational activities because the County has seal coated roads. To obtain the best cost-benefit ratio for the residents, it is best to have the contractor or applicator in once and do it all at the same time to avoid additional mobilization fees. Sullivan said individuals will be piggybacking on the County contract so they will have to do it when the contractors are here. Parker said this is the most efficient cost-savings way to do the treatments. Maintenance Supervisor Kevin Hackathorn said last year it was late enough in the year and several private dust oil spots were waived. Parker said like all policies, they are static when they are approved but there is a dynamic function to it because outside activities can change everything.
Parker said the other thing they added was that for chip seal (oil) treatments, Johnson County will schedule application of the dust control product so that the initial application will be placed approximately mid to late July, weather permitting. He said Johnson County reserves the right to alter or change the proposed application dates. Weather and temperatures need to be conducive to proceed with applications. Parker said for chip seal (oil) treatments, the treated area will be evaluated every spring by Secondary Roads staff to determine what, if any or all, will need to be retreated that season. Residents will be notified and be required to file a permit or it will be reverted back to gravel. They do have some grandfathered private seal coats that were allowed to stay after the Board changed their policy. Parker said Hackathorn will be responsible for viewing all seal coats in the County. There is a minimum length of 150 feet so they do not have to go back and pothole patch. Parker said they are required to blade the gravel up to the sections of the seal coat and if there are shorter sections, the blade will destroy the sealed section.
Sullivan asked how they address potholes on the roads. Parker said the existing seal coats contract requires the property owner to take care of the potholes and if they don’t then that section will be reverted back to gravel. He said it is a safety issue for the County. Sullivan asked if the language in the contract specifically targets this issue. Hackathorn said typically when he looks at the area if there is a deep pothole the district patrol people probably have already called it in. If he finds there is a little dip holding water he will suggest reoiling, but they will need L.L. Pelling or whoever fills that with asphalt patch before the reoiling. Neuzil said it does not really say it in the letter but it is part of the actual policy. He said it wouldn't hurt to add a line reminding residents they are responsible during the window of time between when it is applied and the next time it is applied.
Parker said they do reference the policy in the letter to residents, but he could certainly add more information. He said it would state that the property owner is expected to take care of potholes and would include information on the several ways they can do that. Parker said he will have to make sure property owners are aware that Federal guidelines have changed and it is now a requirement to wear a vest when working on a County road. There are lots of variables with this and because of the investments residents will be putting into the road. Parker said he thinks they would have a general interest in making sure the road is taken care of.
Harney asked for clarification of the chip seal (oil) application rule stating that one treatment is required per applicant. He asked if this limits residents to one application per year or if they can do a second one if they wish. Parker said because of the cost and application process, the contract is for one application. He said the Board did talk about the possibility of two dust alleviation applications for other materials and one for the oil. Parker said that he thinks the Board has expressed that if someone wants to put additional dust control products down they need to get a permit, however Secondary Roads would not prep the road because it is too expensive and time consuming. Hackathorn said when they start a new one, applying a double seal is best, but it costs a lot more money. A road could get by with one seal but the double sealing is more effective and if someone has the money and is willing to do it, that would be up to the contractor. Harney asked if an individual must use County contracted contractors or can they hire an independent individual. Parker said they would have to use a contractor approved through the County Engineer's office. He said they will set a public hearing for all the dust alleviation methods. They take bids for that and low bidders who are supplier/contractor and the resident would get the benefit of the cost but if they would like to go to another approved supplier for the activity they can.
Sullivan said someone told him that they knew someone who surfaced parking lots and wondered if their friend could do the work even though it was not his line of business. He asked how to go about hiring someone who is not approved through the Engineer's office. Parker said he wants to make sure residents are getting a good product that is approved by the County to ensure the residents best interests. They have the experience and know what works. Parker said the County needs to make sure the contractors insurance covers working in the County right-of-way, that they have the necessary permits, and he said he'd need to see a spec of the material they are laying down. Parker said if they allow residents to use their own contractors, residents will come to his office if they are not pleased with the results. Sullivan clarified that it is still possible to use outside contractors but they need to go through the County first. Parker said the process is not difficult as long as they follow the guidelines. He said their goal is to work with residents the best they can because seal coating is an expensive process.
Parker said the next document to discuss is the actual permit for dust alleviation product. This product will not reduce the dust 100% but may work better then the other options offered in the past. This is a more expensive option. The application is not very different than the others expect that they are adding in another product. Parker said the length of application to be applied is still a 500 feet minimum which is relatively standard throughout the state. He said the chip seal repairs must be a minimum of 150 feet or more which is how they have treated the existing seal coats.
Hackathorn said the minimum length of 150 feet was set by the contractor who would not come out to a site unless there was a minimum amount of work. Parker said the mobilization of equipment is very expensive and this is cost effective for them. The other modification is the number of applications required. For seal coat there should be at least one application. Based on the number of applications, the year, the traffic, winters, springs, and all the factors that affect the seal coat on a gravel road, that seal coat may fail. It may take years before something is applied that will last. Parker said if there is another winter or spring like in 2008, that seal coat would not be operable. He said these are things staff review on an annual basis and work with residents to keep them informed of what is needed to maintain the seal coat. Parker said the second document was incorporated into the application because they felt it was good for residents to draw where they wanted to have work done. The County requires the treatment areas to be marked with the appropriate applicator's flags. Sullivan said it is not just where residents decide but cooperatively with the County. Parker said yes, and the application states there must be a minimum treatment length of 500 feet and the County can require a longer length if it is deemed necessary because of safety issues.
Harney asked about the permit to apply the dust alleviation products. He wanted to know if Parker would prefer to change the language to say "the dust alleviation spot may be graded" in instead of "will be graded". Parker said they do blade through all products except for the seal coat annually as it is standard operating procedure. The majority of people will be doing other products but he added a sentence about chip seal for those who choose chip sealing. Parker said he added the sentence "Chip seal surfaces, depending on the condition, also may be graded back to gravel in preparation for winter road maintenance." He said that would depend strictly on the condition of the road at the time. There is no way to bring a seal coat contractor in to touch it up because the temperatures would be too cold. Parker said these are things they currently do with their seal coat program. If there is a private safety seal coat or oil or chip seal out there, and that spot is in a position or condition that should be reverted back to gravel, Secondary Roads will evaluate it. Parker said it is not their preference to turn a road back into gravel but their main goal is safety of roads and if a road was to create a safety hazard then they would be inclined to revert it back to gravel.
Harney asked if County Attorney Janet Lyness is comfortable with the wording. Lyness said if they put it in the contract then they should be planning on doing it. She said if they want to change the "will" to "may" it is up to them. Parker said this document is a draft and they can modify the statement. Sullivan asked when the letters will be mailed to residents. Parker said upon approval from the Board they will mail the letters in April, 2009. Neuzil said if the County Attorney's Office could review the letter, permit, and policy they could place it on the March 26, 2009 Informal meeting agenda. If everything goes well, the Board will vote on these items at the Formal meeting on April 2, 2009. Parker said they will do notifications and press releases. Neuzil said the press release is important because it is a significant change. He said it is important for residents to remember the road is still treated like a gravel road.
Adjourned at 9:52 a.m.
By Nancy Tomkovicz, Recording Secretary