MINUTES OF THE INFORMAL MEETING OF THE JOHNSON COUNTY BOARD OF SUPERVISORS:
APRIL 14, 2009
TABLE OF CONTENTS
Page
Human Resources Administrator Lora Shramek: Past Practice.............................................. 1
Employee Parking................................................................................................................. 3
Health and Human Services Building Open House............................................................... 4
County Government Week................................................................................................... 4
Public Availability of Phone Numbers and E-Mails of Boards and Commissions Members. 5
Department of Corrections Vehicle Detailing....................................................................... 6
Centralizing Purchasing........................................................................................................ 7
Reports/Updates from Department Heads............................................................................. 7
Scheduling Date and Time of Next Meeting....................................................................... 11
Chairperson Neuzil called the Johnson County Board of Supervisors to order in the Johnson County Administration Building as a Department Head Meeting at 1:30 p.m. Members present were: Pat Harney, Terrence Neuzil, Larry Meyers, Sally Stutsman, and Rod Sullivan.
Department heads present were: Ambulance Director Steve Spenler, City Assessor Dennis Baldridge, County Assessor Bill Greazel, County Engineer Greg Parker, County Recorder Kim Painter, County Treasurer Tom Kriz, Facilities Director David Kempf, Human Resources Administrator Lora Shramek, Medical Examiner Administrator Michael Hensch, Mental Health/Disabilities Services Director Kris Artley, Planning and Zoning Administrator Rick Dvorak, Public Health Director Douglas Beardsley, SEATS Director Tom Brase, Social Services Director Amy Correia, and Veterans Affairs Commission Director Leo Baier. Staff present were: Deputy Assessor Gary Bilyeu, GIS Coordinator Rick Havel, Board of Supervisors Budget Coordinator Rich Claiborne, and Auditor’s Office Recording Secretary Nancy Tomkovicz.
Human Resources Administrator Lora Shramek said she wanted to focus on labor relations, specifically collective bargaining. Several departments had past practice issues relating to employment recently. A past practice is the way something has been done so consistently and a matter of reliance that it becomes a term of the contract. Johnson County has 30 plus years of past practice providing employees a wellness benefit though it is not written into any collective bargaining agreements. Such practice does not need to be written in a contract, but can arise on the basis of regular, repeated action or inaction by management.
Shramek said there are four criteria to establishing a past practice. A practice must be clear and applied consistently rather than arbitrarily or capriciously. Secondly, the practice cannot be a special, one time benefit given as an exception to a general rule. Thirdly, both the union and management know the practice existed and management has to agree or at least allow the practice to occur. Unions cannot implement past practices because department heads need knowledge of them. Fourth, the practice has to exist for a substantial period of time and occur repeatedly.
Shramek said there are guidelines on how to change a past practice. Management cannot unilaterally change an established and accepted past practice unless it is contrary to law or a government regulation, or a clear and unambiguous contract language already exists. She said management must notify the union of its intent to change a practice and allow them the opportunity to bargain over the proposed change assuming it is a term or condition of employment, which includes wages, hours, or working conditions. It is best accomplished through regular negotiations. For example, contract language called for a half hour lunch break and two fifteen minute paid breaks. Shramek said the past practice was employees were able to combine them to take an hour for lunch. A change in this practice was bargained during negotiations so the language coincides with the past practice. If the past practice is contrary to law or government regulation, management may unilaterally change either the decision or the practice itself without bargaining. An example is the Smoke Free Air Act where employees are prohibited from smoking in previously designated areas.
Shramek said there are acceptable reasons for change. Binding practice changes when the underlying reason for the practice has changed. With the economy, gas prices, and budget shortfalls, employees who were previously allowed to take County vehicles home are no longer allowed to do so. Parties addressed reasons for the practice during contract negotiations and modified the contract. She said another reason for change is practice is not a mandatory subject of bargaining. Then notice is given to the union about practice termination, but still may need to negotiate the termination impact. She said past practices can be grieved, with some department heads having grievances go through arbitration.
Shramek said neutrals view past practices as custom and part of the whole agreement. They consider them to be part of the contract itself. These practices must be well established, have a strong proof of existence, and practiced over a reasonable period of time. She said the neutral will look to see if the practice is bilateral or a unilateral action and whether it involves operations or a benefit to employees. Benefits will be looked at more strongly. For example, if a department provided part-time employees pro-rated personal days over several years even though there is no mention in the contract, it likely will be deemed a past practice.
Shramek said a practice gives meaning to ambiguous language. For example, the question of taking personal days in increments often comes up. Contracts do not prohibit subdividing a personal day, but the past practice requires a full day. An example from the Administration contract states the use of sick leave as family sick leave should not exceed three days per occurrence unless a department head authorizes longer. She said for the last ten years under an elected official that was consistently interpreted as when an affected individual receives a terminal diagnosis they will receive further authorization of sick leave. It is important to establish how often the practice is applied versus how often an incident arises. If the incident occurs only once a decade, it is difficult to establish a past practice. The practice will not prevail in the fact of clear contract language. However, clear language can be modified by practice if it is accepted by both parties. A practice usually fills gaps in contract language where there are no departmental policies. It can be very difficult or costly to change a past practice so department heads should be careful with their decisions. Shramek said that department heads should follow contract provisions and County policy as written.
Sullivan said the Parking Policy Committee has representatives from many departments and elected officials’ offices. The Committee needed a subcommittee because some of the mechanics were not working with ideas. He said the Auditor’s Office payroll employees realized that the $300 annually per person does not evenly break out each pay period. The subcommittee suggested $11.53 per pay period with a yearly total of $299.78. Most individuals will be less because they will not pay for vacation or sick leave. The parking ramp would be free Saturdays and Sundays, but employees would have to use their cards for access. He said Facilities Manager David Kempf thinks the ID cards and gates can be fully functional for every lot by late May for all State of Iowa and County employees. The best time to start payroll deductions is the July 2 paycheck. Employees who want to use flex spending can use July 1, 2009 as the start date. State employees would have to go to the Treasurer’s Office and pay for July 1, 2009. These subcommittee suggestions have gone to the Committee and will now be presented to the Board.
Kempf said it is not to exceed $11.53 per two week pay period, charging $1.20 per day. If an employee takes into consideration sick days, vacation days, carpooling, and 11 holiday days it will not exceed the $299.78. Elected officials and department heads who have parking spaces will pay a flat fee of $25 per month because the spaces are not in a gated lot. State officials will also pay the flat fee of $25 per month. The Committee tried to minimize the impact while promoting alternative means of transportation. Planning and Zoning Administrator Rick Dvorak asked if part-time employees will pay a pro-rated parking rate. Sullivan said those individuals will pay $1.20 per day. Kempf said they will only pay for the days they park. Stutsman clarified elected officials will pay $300 per year, whether they use the parking place or not. Kempf said elected officials will pay $11.53 per pay period because the lot is not gated so there is no way to charge on a per use basis. Neuzil said theoretically an elected official could park in the ramp and pay on the per day basis. Kempf said that has not been taken to the Committee. He said there is enough parking spaces in the furthest east row to have a parking spot for all elected officials and department heads in the Administration Building, but the Board can make that lot entirely public parking and park at the Armory using the key card system to pay the day rate. Neuzil confirmed there would be enough spots either way. He said that the Board will have to consider convenience and the image issue when the public sees elected officials getting a spot in the lot. Kempf said it is something the Committee will present to the Board for policy implementation.
Sullivan said there are many people on the Committee representing the voice of the employees who will pay. There has been feedback from people who think this is a lot of money. They have done everything possible to minimize the impact while making it fair and equitable while fulfilling the Board’s desire to generate revenue. Kempf said it will not generate enough revenue to pay for the lot. He hopes revenues will help offset maintenance costs. R. Sullivan said he will get this information to the Board for discussion so everyone should know the outcome shortly. Neuzil asked those with spots out front to provide feedback as to keeping their spots versus using gated lots.
Stutsman said the Health and Human Services Building (HHS) Open House is scheduled for April 18, 2009 from 1:00 to 4:00 p.m. A ribbon cutting and short program will be held at 1:30 p.m. The tour is self guided with refreshments on the second floor. There will be people in each department who can explain each department’s duties. She said Information Technology Webmaster Gary Yoder has done a great job of putting together an invitation and a program that describes each department. Kempf said Yoder has created energy efficiency placards describing components of the building for the open house. He also created a brochure explaining the Silver LEED Certification, what was done in the building to meet it, and dollar amounts for energy and water savings.
Meyers asked if the contractors are done. Kempf said no, but they are getting close. The sod should be laid soon and the trees were planted last week. The brick was washed down and the windows will be taken care of this week. He is meeting with the site superintendent to assess what things need to be finished by the open house. Stutsman said there is a lot of interest from the community so it is a good opportunity for the public to see it. Kempf said it is important for the community to see the building was designed for functionality.
Neuzil said County Government Week is scheduled for the week of May 4, 2009 to promote green initiatives. County Recorder Kim Painter said she has spoken with people about something for the lobby area to highlight the theme of Greening Our Future. Additional items, like an all County program, may be considered.
Sullivan said this was discussed at the Key Issues meeting. He said some department heads have boards and commissions that do important public work. He said the Board has discussed what is an appropriate amount of public disclosure. When a person fills out a form to be on a board or commission there is a place to put a phone number, address, and email. When the appointment is made, the website lists the people and their address. The Planning and Zoning Commission is high profile so residents want to be able to call or email a member, but the information is not available. There was preliminary discussion about proper protocol for distributing this information.
Stutsman said a member of the public asked for the email addresses of the Board of Adjustment members. Sullivan said the Board does not want the information used inappropriately, but the members also knowingly took high profile positions. He said he wants feedback before the Board makes any decisions. Stutsman said she does not think people took the positions thinking all their information would be available to the public. Sullivan said it is easy to see both sides of the issue and consistency is important so the County will need to let people know if there will be a change. Stutsman said she asked Information Technology Director Jean Schultz about getting County emails for board and commission members. Meyers said it would cost too much money. She said Schultz's advice was to encourage those individuals to get a free email account for that purpose.
Dvorak said the most recent incident came from a confrontational application. He received 50 to 60 emails and Supervisors may have received even more. His concern about providing emails is that it is a legal, governing, quasi-judicial body similar to the Board. He was concerned about them interacting because of recent court cases where city councilmen and boards of supervisors were interpreted by the public as making decisions out of public discussions, which is not allowed. He said his concern was lay people letting the public think they would vote a certain way prior to the public hearing. He said no to the person who requested the email address and the request was forwarded to Assistant County Attorney Andy Chappell. He has not heard back, but he anticipates the response will be it is public information. The board and commission members are not reimbursed for email accounts or phone charges, but could receive 100 emails or calls on a single issue alone. Dvorak requested that information be taken off the application forms.
Harney said he contacted the County Attorney’s Office on the matter as well. Previous feedback was any decision making or County business conducted via email becomes public information regardless if it was sent from a private computer. He is not sure it is different for an appointed position like the Planning and Zoning Commission. Stutsman suggested the application state all information is public information, so if an individual does not want the information disseminated, not to include it. Dvorak said if commission members request it, the County could remove the email address from the application forms. Harney said the County needs the information to contact applicants about the positions they have applied for.
Mental Health/Disability Services Director Kris Artley asked if the County would differentiate between different types of boards because both the Planning and Zoning Commission and the Targeted Case Management Advisory Committee operate in an advisory capacity making recommendations to the Board. She said she does not want irate people from their case loads calling members of the committee who are volunteering their time when they do not understand a decision their case worker made. She asked if a distinction could be made between advisory boards and those that make decisions. Sullivan said the Veterans Affairs Commission, the Conservation Board, and the Board of Health are independent, making important decisions separate from the Board. Artley agreed and added she does not feel her board members would want their information made public.
Stutsman said if the debate in the Senate goes there will be some guidelines for gender balance on boards and commissions. If people know that their information will be available to anyone who calls, it may discourage people from serving. Neuzil said the forms currently say it is public information, but maybe the email could be optional. Stutsman suggested the email state it is for internal use only. Neuzil said they have to determine which options would work legally.
Neuzil said the State Department of Corrections now has a program that provides free car detailing as an opportunity to train inmates. Ambulance Director Steve Spenler said the Ambulance Department had inmates come to his department to detail their trucks. The individuals did a great job. His department provided the wax, water, and other materials. Last year they paid $500 to have five trucks detailed so using the program was a significant savings. Dvorak asked if the inmates came to the Ambulance Office. Spenler said yes, but were also considering setting up space at SEATS/Secondary Roads as well. Harney asked if the program charges a transportation fee. Spenler said no, they just provided the supplies. Kempf said if the County wanted to use the program for all County vehicles, they would need to provide a space for it. There would be a minimal fee associated with it. Previously they charged $12 or $13 per vehicle, which is very low for a full detail. The program could be made available to County employees as well. There are a lot of things to take into consideration like detailing businesses in town they normally pay, but the County is looking to save money where they can. Neuzil suggested speaking with departments with multiple vehicles to see if it is an opportunity. Spenler said the program director did not mention any costs, but said there may be for private vehicles. Also, if the County has any painting projects the group would be available for those types of projects.
Stutsman said the County should not get involved with private vehicles. Spenler said they did not. Meyers asked if the painting was for rooms. Spenler said yes, the group could do small jobs. The people doing the work are individuals in community service so it benefits them by providing work and the County for their services. Kempf said the workers are supervised. He had a crew pick up trash around the Armory. SEATS Director Tom Brase said it is a great opportunity but he spoke to County Insurance Agent of Record Bob Saunders who has concerns about the detailing being done on County property. He also spoke to Assistant County Attorney Scott Finlayson who is working on a release form.
Neuzil said the Board met with the Linn County Purchasing Director who presented the advantages of a centralized purchasing department. As they look at ways to save costs, it is one possibility, especially with possible millions to be saved. The only way it will work is to have every department head and elected official buy in.
Veterans Affairs Director Leo Baier said on March 16, 2009 he attended the Golf for Injured Veterans Everywhere program. He spoke to Scott County Veterans Affairs Director David Woods for an Honor Flight update who said a flight is scheduled for April 15, 2009 with 95 World War II veterans. This is a program that allows World War II veterans the chance see the World War II Monument free of charge and guardians can accompany them for $550. They are raising the $85,000 require to hold another flight on October 10, 2009. Baier said the Veterans Affairs Hospital is encouraging every veteran to complete an enrollment application for medical care, because regardless of whether they are accepted, the VA receives $3,800. He said he is being encouraged to have veterans apply even if the veteran surpasses the income threshold. World War II veterans are dying at a rate of 900 per day. Johnson County remains eighth highest in veteran population in the state with 6,701 as of September 30, 2008. The top ten counties represent 45% of the total 245,845 Iowa veteran population. They lost 5,575 veterans last year, which is why the VA is encouraging enrollment for medical care. He said Harney also attended the meeting where 11 of 15 counties were represented. Baier also noted that long term commissioner, Mr. Monsanto, resigned after the meeting last week.
Shramek said Human Resources is collecting data for GASB 45. The Merit budget is due on April 17, 2009. She said they are progressing with the non-bargaining compensation and classification study. There are also four contracts to update. Shramek said on the topic of confidentiality there was a Gazette case relating to employment on what information in an application is considered confidential. The City of Cedar Rapids refused to give the Gazette information about employee sick leave, which went to the Iowa Supreme Court. A decision was made, but she does not know if it would translate to the voluntary positions, but the County Attorney can advise further.
Painter said the Recorder’s Office is preparing for a busy day of business on April 27, 2009 when pursuant to the Iowa Supreme Court ruling her office will issue marriage licenses to same sex applicants. Her office is trying to get forms together. She said she has posted information on the website for people, especially from out of state, including the three day waiting period required by State law that can only be bypassed with a judicial waiver. Information Technology has been vital in the process to get updates out in a timely fashion. Business has been good, but she has not completed the March reports. The February reports are up from last year, so there could be a strong end to the fiscal year for revenue intake.
Deputy City Assessor Gary Bilyeu said his office sent out valuations a couple of weeks ago. The newspaper showed that Johnson and Linn Counties and the City of Cedar Rapids and the City of Iowa City kept their values similar to previous years. The value of flooded properties in Iowa City was $23 to $25 million. The taxable value lost was $15 million, which is just over .005% of the total value. It was not as serious as originally thought, but those numbers includes value of properties improved after the flood. He said the Board of Review is taking appeals from April 16, 2009 to May 5, 2009.
County Assessor Bill Greazel said his office also sent out about 5,000 notices, but did not mail notices if there was no change to the value of the property. He said most of the changes were in new construction, property changes, and a few developments . The Board of Review is scheduled for May 1, 2009. The County Assessor does some revaluation where they physically measure and inspect houses on a schedule to get through the whole County in ten years. They implemented the farm building inspection. Ag property is definitely the topic this year where valuations will increase dramatically. Johnson County will see an increase of 43% on agricultural land and buildings that will be offset with the rollback. The net to the County will be a loss of 3%.
GIS Coordinator Rick Havel said he is here on behalf of Schultz. He said Information Services has officially changed their name to Information Technology to alleviate confusion with the public.
Dvorak said building permits have increased drastically in the last month and a half compared to last year. There are a lot of commercial buildings, which is surprising in the rural areas. The City of Hills who the County contracts with has done three eight-plexes which are high value. He said Syngenta is still improving their property, spending $31 million last year. The County is close to the buy out phase for the 2008 flood. Of the fifteen applications, seven or eight applications are viable. Some people hedged their bets saying they wanted to be on the list, but if qualified they wanted time to change their mind. He is currently preparing for the demolition of structures with the buy outs. When Hurricane Katrina hit, FEMA paid for the same houses over and over again because they had no checks and balances. They are now in place, but the process is very complicated. FEMA pays for his, his secretary's time and anyone he hires to do work. The contracts are competitive. The contract information and the Request for Proposals have been sent to Chappell for review before being sent to FEMA. He is hoping the buyout process will begin in July 2009 and grants will be available to demolish the properties and clean up the mess. Dvorak said he received a call about a junkyard that has brought in 35 cars in five days, but he cannot find the owner. The wrong name was given to the Sheriff's Office.
Artley said she attended a meeting at the Mental Health Center. They are interested in more dialogue about changes in the system given funds are becoming more limited. Johnson County has a unique situation in that psychiatric hours are available here. A few years ago in north central Iowa seven counties were only able to contract 35 hours per week of psychiatric care. She said MH/DS will see more dialogue with providers in the future. They are working with Goodwill to resurrect prevocational services, which will be a potential cost savings as a waiver program. She said Mental Health/Disability Services Planning Council Chairman Dion Williams sent a fantastic letter to legislators reminding them of MH/DS mission and the people they serve. Legislators took away funding in December and January, but gave back some funds for this fiscal year. MH/DS is in the red $49,000, but made up those funds with targeted case management Medicaid reimbursements growth. In February, she assigned one social worker to County social work not reimbursed by Medicaid and work on starting new cases to transfer to targeted case managers bringing in Medicaid dollars more quickly. Once new cases were assigned they would often sit on case managers' desk because they were so busy. She said the social worker is requesting a concrete appointment because she is backlogged with new people coming in. Overall, statewide funding is down $12 million.
Spenler invited everyone to the Johnson County Safe Kids Day and Johnson County Emergency Management Services (EMS) Awareness Fair at the Coral Ridge Mall on May 2, 2009 from 11:00 a.m. to 2:00 p.m. It is a good opportunity to meet area emergency responders. It is also a chance for kids to learn about injury prevention and safety activities with a bike safety rodeo, with helmets on sale for $10. He said call volume is steady from last year. EMS is up about 100 transports. Their growth over the last few years has been stable. He was contacted by the Iowa City Eagles Club who donated $2,000 to Ambulance Services that will be used for spinal cord injury prevention activities or equipment.
Kempf said the Physical Plant continues to finish detail aspects of the two projects currently happening. The department moved the Veterans Affairs Department today, leaving only one department to move. They are starting to move into spring activities. He said they are prepping AC units and sod should be laid tomorrow. The Administration Building remodeling project is currently finalizing the timeline for public notice, Board meetings, putting it to bid, and the preconstruction meetings. He will meet with Chappell to ensure they meet Code of Iowa requirements. That should start the last week in April or the first week in May. R. Sullivan said he wants to put in a word for liquidated damages. Kempf said liquidated damages were helpful at SEATS/Secondary Roads, so it will also be included in the Administration Building contract because it will be easy to show hardship if it is not completed on time. Kempf said he successfully registered for a web seminar on stimulus dollars. He said Neuzil informed him the County has $236,000 in stimulus grant dollars available to do energy efficiency projects within the Administration Building. He has participated in phone roundtable discussions on accessing other stimulus funds, because there is a large competitive pool of $3 billion for energy efficiency programs. Some money is tied to creating new jobs, but as the County is one of the ten largest in Iowa they are eligible to apply for funding. He is working on cost estimates and figures on geothermal for the Administration Building stimulus grants could fund.
County Engineer Greg Parker said Secondary Roads is preparing for the rock contract in a few weeks. The first dust control application will follow shortly after, so they are sending out letters to applicants now that the Board has approved the new seal coat dust alleviation option. The seal coat contractor told him the cost of a 500 foot section is $5,500. He said he was approached asking the County to pay upfront and residents to pay a monthly fee, but it is not in their best interests to become a banking institution. Stutsman agreed, saying the program was a choice. Parker said the contractor will only do the seal coat if the fee is paid upfront. It will cost $11 a lineal foot beyond the minimum 500 foot section. Parker said Secondary Roads is gearing up for construction activities for a busy year. They have lettings coming up for the 120th Street and Derby Avenue intersection, the Black Diamond Road Bridge Project, Highway 965, and Oak Crest Hill Road from Hills to Iowa City. The goal is to complete those four projects before snowfall of winter. Stimulus package monies will fund projects for the Oak Crest Hill Road south to the County line, 120th Street at Highway 965, and the Dubuque Street Trail. The Dubuque Street Trail will likely be constructed this year, but the other two will have late start dates next year to allow work this year and finish next summer, which may provide more favorable bids. All the projects except one have federal funding so he will not have the staff to manage the projects. Secondary Roads may have to hire consultants to help if all projects move forward at the same time. Staff has been burning right-of-way, which is typical for this time of year. Any seeding activities should be done in the next 30 to 45 days depending on the weather.
Parker said Congressman Loebsack is requesting high priority funding projects. He would like to see the Mehaffey Bridge Replacement Project included as that is a high priority for the County. The bridge is load limited, inspected annually, and was closed during the flood. It is a main route for people traveling from the north to south in the County. The funds set aside in an escrow account for the project would then be applied to the Mehaffey Bridge Road project. There is a budget amendment that will be completed for Budget Coordinator Rich Claiborne's review on April 15, 2009. Baier asked for an update for the Sutliff Bridge. Neuzil said that is still in the hands of the County Attorney. Neuzil said FEMA gave the County an opportunity to participate so the County Attorney's Office is reviewing the liabilities for maintenance once the project is completed. Stutsman said in order to get FEMA money the County has to take the bridge back. The Board has to explore if it is the County's best interest to take it back.
Brase said SEATS will receive a new vehicle from the City of Coralville and will have three vehicles replaced by 100% external funding. He has been working to develop volunteer transportation in the area. They are talking with the City of North Liberty about covering different times for a route three quarters of a mile along the bus route, but he has not received any response yet. The DOT requires a new equipment plan because SEATS will maintain it. He is putting together a Driver, Vehicle, Environment (DVE) Report annually for the Federal Government. The rural fares will increase to $2 on July 1, 2009. It is a first time in ten years that the fares have increased. He is working on three 28E Agreements with different cities, a few contracts, and with Coralville Transit on their Federal Transit Authority tri-annual review.
Stutsman attended an agribusiness meeting with the Chamber of Commerce who announced applications for the Community Leadership Program are due May 5, 2009. In the past the County has budgeted money to attend the program. If anyone in any County department is interested, it requires one Friday a month for eight months. Kempf asked if Stutsman had a schedule of which Fridays would be required for the program. Stutsman said it might be part of the application form, because the Chamber of Commerce requires applicants to attend. Neuzil said if someone misses two sessions, they are removed from the program. Stutsman said applications are available at the office.
Neuzil encouraged department heads to communicate future agenda items to the Board of Supervisors Executive Assistant Andy Johnson who starts May 1, 2009.
The Board and department heads scheduled their next meeting for June 16, 2009 at 1:30 p.m.
Adjourned at 2:51 p.m.
Attest: Tom Slockett, Auditor
By Nancy Tomkovicz, Recording Secretary