MINUTES OF THE JOINT INFORMAL MEETING OF JOHNSON COUNTY BOARD OF SUPERVISORS AND JUSTICE CENTER COORDINATING COMMITTEE:
APRIL 1, 2009
TABLE OF CONTENTS
Page
Report on Activities of Justice Center Coordinating Committee Coordinator Bob Elliott
Report from Alternatives and Treatments SubCommittee
Report from Public Information/Outreach SubCommittee
Report from Facilities SubCommittee
Report from Funding/Grants SubCommittee
Additional Comments from Justice Center Coordinating Committee Members
Chairperson Neuzil called the Johnson County Board of Supervisors to order in the Johnson County Administration Building at 4:02 p.m. Members present were: Pat Harney, Larry Meyers, Terrence Neuzil, Sally Stutsman, and Rod Sullivan.
Justice Center Coordinating Committee members present were: Iowa City Council Member Connie Champion, Justice Center Coordinating Committee Coordinator Bob Elliott, County Attorney Janet Lyness, County Bar Association Chair Jim McCarragher, Pat Harney, Rod Sullivan, and John Stratton. Funding/Grants Subcommittee member present was County Auditor Tom Slockett.
Justice Center Coordinating Committee Coordinator Bob Elliott said the subcommittee chairs are ready to give their respective reports as the Board calls on them.
Elliott said he had talked with Sullivan and County Auditor Tom Slockett about funding for the Justice Center. Elliott asked Slockett to address the group about the process for funding the Justice Center. Elliott said these processes include lease to own, local option sales tax, local option income tax, and bond issues. Elliott said if the Board wishes, Slockett said he will present an overview of the process. The Board said they are interested in an overview.
County Auditor Tom Slockett said the Local Option Sales and Services Tax election is coming up and it was passed by the legislature in record speed. City councils and the Board of Supervisors had to act very quickly and the speed of the process caused a lack of communication about the process.
Slockett explained that with bond issues for property taxes, a school district can create a ballot issue and vote it up or down in that school district. A city can do the same thing, or the County can create a countywide ballot issue. A local option sales and services tax is a very different process. Slockett said local option sales and services tax is a countywide issue, but each city creates its own ballot language. The Johnson County Board creates ballot language for the rural areas only. Then it is voted on up or down in those jurisdictions. There are differences between the election scheduled for May 5, 2009, and every other sales and services tax election regarding contiguous cities.
Slockett said that for the May 5th election, each city creates its own ballot no matter whether there are contiguous cities or not. Then, the revenue is placed in one pot for the county based on the jurisdictions in which it passes. The Department of Revenue distributes that pot of money proportionately to each jurisdiction in which the measure passed, according to a formula that gives 25% weight to their property tax effort in the last three years and 75% weight to their population. Slockett said the LOSST is not designed for the County to raise funds in a countywide effort. It would be virtually impossible for that to happen.
Slockett said the Board is very committed to doing something about the Justice Center and wants to figure out how to get the funds to build it. He explained that when the Board considered whether to put the measure on the ballot for the rural areas, the Board decided not to put the measure on the ballot for the rural areas because of the distribution formula. The County only gets the proportion that is allocated for the rural populations and the rural tax effort. The Board could not justify taxpayers funding the Justice Center exclusively from the Rural Levy.
Slockett said, if there is a local option sales and services tax for a countywide project, each city will have to put the measure on their ballot and ask citizens to vote, and then send the money received from the Department of Revenue to the County. He said the cities have to do that not knowing whether other jurisdictions will pass it. It would take extraordinary organizational effort and cooperation, and almost unanimous agreement throughout the County for a countywide LOSST project to work.
Slockett said sales tax is not a realistic possibility to fund the Justice Center. Harney asked if the County cannot have a separate initiative for a countywide sales tax overall for a Justice Center. Slockett said no, because the only way that could happen will be if the measure does not pass anywhere on May 5, 2009. He added that once it passes, the only jurisdictions that can vote on it are the jurisdictions in which it did not pass. Harney asked if a totally separate initiative was an option. Slockett said no, that is not an option. He said under Iowa law there can not be a countywide sales tax where the ballot language and purposes are decided by the Board of Supervisors. Neuzil asked if it would be possible if all the surrounding communities, including Iowa City and Coralville, say they want a sales tax for the Justice Center. Slockett said each separate entity will have to pass the measure and then give the money to the County.
Neuzil said a LOSST countywide project is a pretty tough task to get the community behind. Slockett said it is virtually impossible. Neuzil said Coralville Mayor Jim Fausett mentioned allocating tax revenues collected from the proposed LOSST, to flood mitigation for the first five years and then designate the revenues from the next three years for the Justice Center. Slockett said in order to do that 12 additional entities would need to agree to the same term proposed by Fausett. Stutsman said it would be a challenge to get the City of Coralville to agree with the idea. Neuzil agreed. Meyers asked Slockett if a Local Income Tax Surcharge is an option. Slockett said no, under current Iowa law only schools have that option.
Sullivan said assuming the sales tax passes, the jurisdictions will be at their limit. He said cities would have to wait until it expires before another measure could be introduced. Stutsman said that would be four years. Slockett said an individual city could rescind it after one year. Stutsman said the Board could still bring forward a bond initiative. Slockett said yes, at any time. Elliott said the other option is lease to own. Slockett said realistically a few bond issues would need to fail before the lease to own option is explored. Neuzil said the problem with the bond is increased taxes. He said this would be a $70 million bond. The Board experienced what it was like to bond for $20 million for the Joint Emergency Communications Center (JECC). Neuzil said the Board bonded $3.5 million and taxes increased countywide from $77 to $150 for one project. He said the Board was lambasted and that was only $3.5 million. Neuzil said taxes needed could easily be double that for a $70 million project over a 20 year period.
Neuzil said he thinks the Finance Group will have to give serious thought to what is realistic and whether the JCCC should seek funding in increments. Neuzil suggested there may be legislative changes that would help get funding for the Justice Center. He wondered if the JCCC could convince the Iowa Legislature to allow Courthouses to be part of the General Supplemental list of projects, in other words, an uncapped fund in County government. He said this is how the County paid for the JECC. Neuzil said if the Legislature would make this type of a change, some of that money could possibly be used for the Courthouse. Neuzil said the County would have never been able to fund the JECC without a change in the Iowa Legislative Code.
Justice Center Coordinating Committee Member Connie Champion asked how many years can the County can bond for a project. Neuzil said he thinks 20 years. Stutsman said it might be changed to 30 years. Harney said the interest rates increase over time. Meyers asked what percentage of the vote is needed for the LOSST to pass on May 5, 2009. Slockett said the measure needs a 50% majority to pass. He said in the May 5, 2009 election only, each city and the rural areas vote up or down on their own. This is only for these special two dates in March or May because the Legislature rushed it through for counties that had been declared disaster areas by the President. Slockett said after these two elections, future elections will revert to the contiguous cities voting as a unit. Hills, North Liberty, Iowa City, Coralville, Tiffin and University Heights will all vote as one contiguous unit from now on for sales taxes. Meyers said a bond issue will require a 60% majority. Slockett said yes.
Elliott said they are currently asking the respective subcommittees to put things in order so the JCCC will be ready to go whenever the Board is ready to move. Elliott said he turned in a bill for $100 per week for services rendered in January and February of 2009. He said he will not submit a bill for March 2009.
Neuzil asked if the subcommittee has met in the past month. Jail Alternatives and Treatment Subcommittee Representative Jessica Peckover said no. Elliott said the subcommittee turned in a report from 2007 and updated for the alternatives to incarceration. He said it is a complete report and the subcommittee work is well outlined and up-to-date. Elliott said that at present, the Board should have the most recent report which will be updated if anything changes. Elliott said he met with the subcommittee chairs on April 27, 2009. Sullivan confirmed.
County Bar Association Chair Jim McCarragher said the subcommittee has not met yet, but he recently met with Elliott as part of the chairs meeting. At that time, McCarragher discussed talking with University of Iowa Political Science Professor David Redlawsk, who does the exit polling at all the elections. He said they discussed conducting a poll after the May 5, 2009 election. McCarragher said Redlawsk was just about ready to send a survey on another subject to 500 people in the community and he agreed to add two questions concerning the Justice Center. McCarragher said he put Elliott in touch with Redlawsk to finalize the details. He said he got a copy of the questions. McCarragher said the first question is not quite what he would have chosen but he feels it will still give the committee an idea of public opinion about the Justice Center.
McCarragher read the first question: "There has been a discussion in Johnson County about the limitation of the current Courthouse and Jail buildings. Some people say that in order to address serious safety, security, and office space deficiencies, the County needs a new $60 to $80 million building. This would include an expanded Jail and would be connected to the historic Courthouse in downtown Iowa City. Hearing this, would you strongly support, somewhat support, or not at all support a new Justice Center?" McCarragher said the foils listed are strongly support, somewhat support, not at all support, don't know, and refused comment.
McCarragher read the second question: "If a new Justice Center had to be built, which of the following approaches would you prefer to be used to pay for it? Would you prefer a local option sales tax, borrowing through a bond issue, using a rent to own process, or do you have no preference, don't know, or refuse comment."
McCarragher said the survey will give the JCCC a sample of 500 people to see how they feel about this issue. McCarragher said if the committee had had more time they would have done this differently. He said the questionnaire will include some demographics such as political party, age, and other information. He said they are fortunate to have the services of Redlawsk and the students without spending a lot of money. McCarragher said since Redlawsk will be analyzing the data, he may also provide some analytical information.
Sullivan said this is great news. Meyers said it is a great idea. Stutsman asked if the survey subjects were selected from throughout Johnson County or just Iowa City. McCarragher said he does not know. Stutsman asked when they can expect the results. McCarragher said possibly in a couple of weeks. He said the survey is a student project for a class, the information should be back in whatever period of time they set up to have responses back.
Slockett asked if this is exit polling because Redlawsk does do exit polling. McCarragher said this is not exit polling, but that is why he thought of contacting Redlawsk. They were hoping to get exit polling on May 5, 2009, but there was not enough time and Redlawsk is not planning exit polling that election. McCarragher said they just happened to call Redlawsk at the right time for this survey.
Meyers asked when this survey will begin. McCarragher said today, April 1, 2009. Slockett asked if it is a mail or phone survey. McCarragher said he did not ask for those details. He said this sampling is not as large as the sample population Redlawsk surveys in exit polling. McCarragher said the exit polls usually sample 700 people. He said if there is an adequate response from 500 people, the margin of error will increase only a little bit more than the usual margin of error with a sample population of 700.
Harney said he will try to arrange a subcommittee meeting today. He said he visited with Iowa City Community School District Superintendent Lane Plugge on possible options for parking space next to the Courthouse. Harney said he wants to be prepared with alternatives before making a decision on how to answer the Government Services Area representative regarding their properties. Harney said he has delayed these conversations until Facilities Manager David Kempf returns. Harney said Plugge would like to talk with Kempf about general costs for a new building and if there would be anything to offset the costs of relocation for the GSA and the School District. The subcommittee will discuss this.
Sullivan said the subcommittee has not met yet. He said he did some research on the lease-to-own option which is the way Coralville built the Marriott Hotel. Sullivan said he talked to some people in Coralville about the process and will share this information with the subcommittee when they meet.
Neuzil recognized and thanked new members of the public who are in attendance today including Iowa City Police Chief Sam Hargadine. He said now that the Justice Center space analysis is completed, there is a game plan to move forward. Obviously though, the economy and the sales tax issue will impact the timing of the JCCC project. Neuzil said he is grateful Elliott is on board to coordinate everything.
Neuzil announced the Board will be hiring Andy Johnson as the Board's new Executive Assistant beginning May 1, 2009. Johnson is currently with the Iowa City Housing Trust Fund. Neuzil said Johnson will be officially appointed at the Board meeting on April 2, 2009. He asked the committee to consider ways to help the Board incorporate Johnson into the Justice Center process and reminded committee members that former Executive Assistant Mike Sullivan was very active in this process.
County Attorney Janet Lyness said she met with County Sheriff Lonny Pulkrabek, Mobile Crisis Coordinator Malinda Lamb, and Peckover at the Department of Correctional Services about the potential of applying for a grant. She invited Peckover and MECCA Outpatient Coordinator Megan LaVelle to add to her comments. Lyness said the grant would allow them to provide more treatment, adding to what is currently available through the Jail Alternatives Programs, MECCA, and the Department of Correctional Services. Lyness said the hope is to get enough money for substance abuse treatment while inmates are in jail. This type of substance abuse treatment program has been suggested in the past but was cost prohibitive.
Lyness said there is a possibility of requesting a grant through the stimulus package. Peckover said that is correct, it is a Federal grant. Originally the Alternatives and Treatment Subcommittee was hoping that MECCA would apply for the grant, but now it appears it may be better for the County to apply. She and Lamb would like to consider this further and they may bring this request to the Board fairly soon, as the deadline to apply for the grant is approaching.
Lyness said this treatment program will deliver treatment to inmates so they can be released from jail sooner. Once treatment is complete the individuals aren’t arrested for contempt for failing to comply with the treatment recommendations. This information will be included the Alternatives and Treatment Subcommittee report.
Iowa City Council Member Connie Champion said congratulations to newly appointed Executive Assistant Andy Johnson. Champion said if the Board is going to decide to bond for the Justice Center, she hopes the committee will consider building it in stages. She said she doesn't know if the committee has discussed doing the Justice Center in stages, but feels voters may be more willing to approve smaller bonds. She said maybe smaller bonds should be discussed, if they can't do the sales tax. Champion said she favors the sales tax.
Harney said that County Recorder Kim Painter went home sick earlier today and sends her regrets for not attending this meeting. Neuzil said it is nice to have Slockett here from the Auditor's Office. He said he is aware that Elliott has been trying to include more people in the Justice Center planning process. Stutsman asked if the group is aware of the Sheriff's Office recent changes in transporting prisoners. She said it was reported in the newspaper and asked Sheriff's Captain David Wagner to explain the change.
Wagner said about three weeks or a month ago, Pulkrabek talked with the Marshall County officials and was told the Marshall County Jail had room for as many prisoners as Johnson County wanted to send. Wagner said that if Johnson County sends more than 25 prisoners, the daily cost will be $42.50 per person. He said if there are any fewer than 25 prisoners the cost will raise to $45 per day. Wagner said this change should help the Sheriff's Office save money. He said Marshall County is 102 miles from Johnson County. Wagner said the Sheriff's Office waits until almost the end of the day, when they know who is on the Johnson County court docket for the next day, to determine which prisoners to bring back. He said this allows the county to make one run per day. Wagner said they have had to make two runs per day only a few times. He said the round trip takes about four hours.
Wagner said he thinks the future concerns for the Sheriff's Office will be wear and tear on the van. He said the Sheriff's budget doesn't really include provisions for new vehicles. Wagner said bad weather could be problematic also, but for now, to save money, the Sheriff's Office will transport prisoners to Marshall County. Neuzil said he received an email from Pulkrabek about a week ago indicating there is significant savings to the department already. He said the 102 mile trip is actually less mileage than traveling round trip to numerous counties per day such as Iowa County, Linn County, and so on. Stutsman said there are also benefits from a logistics management standpoint. Wagner agreed.
Neuzil said the JCCC is back on schedule with meetings on the first Wednesday of each month. He announced the next meeting is scheduled for May 6, 2009 at 4:00 p.m.
Adjourned at 4:34 p.m.
______________________________________________________________________
Attest: Tom Slockett, Auditor
By:
On the _______ day of _____________________, 2009
By Nancy Tomkovicz, Recording Secretary