MINUTES OF THE INFORMAL MEETING OF THE JOHNSON COUNTY BOARD OF SUPERVISORS:
JUNE 4, 2009
TABLE OF CONTENTS
Page
Johnson County Sheriff Lonny Pulkrabek: Tiffin Town Contract
Social Services Coordinator Amy Correia: Empowerment Contracts with Johnson County
SEATS Director Tom Brase: Appointments to the Johnson County SEATS Paratransit Advisory Committee
Reports and Inquiries from the Board of Supervisors
Reports and Inquiries from Executive Assistant Andy Johnson
Chairperson Neuzil 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.
Beardsley stated the proposed regulation changes before the Board pertain to Johnson County Public Health’s responsibility to protect the residents of Johnson County. One of the ways this is accomplished is through groundwater regulations. One new State regulation, pertaining to the sale of property, requires an evaluation of the septic and well system at the time of the sale to insure compliance with current code. In addition, staff completed extensive reorganization in the flow of local regulations to bring them in line with State Code for ease in cross-referencing. He asked the Board if they wanted to go through the document at length. Beardsley stated that the Board of Health held two meetings to review the code in addition to a public hearing. The County Attorney has made minor recommendations for change. The Board of Health has reviewed and approved these changes and is recommending to the Board of Supervisors these regulations be adopted.
Sullivan asked what is available in terms of shared systems. Environmental Health Coordinator James Lacina responded that in the past there was no guidance for shared systems, but the new regulations provide such guidelines. For example, shared systems on outlots require and agreement between owners to establish shared costs ahead of time. Beardsley said the shared systems information is located in Section 20 of the Code. Harney said the State is considering allowing up to four homes on one system and asked if the same regulations will apply. Lacina said the new State Code, which must be adopted, now allows up to four homes on one system; there is no longer a limit on gallons per day per system.
Stutsman commented that because there were no comments from the public at the Public Hearing, the regulations do not appear to be onerous. Beardsley stated this was primarily a reorganization and clarification of the regulations. The department was not seeking to add a lot of new requirements. In one instance, gravel requirements that were 12 inches have been reverted back to the State standard of six inches. Meyers asked who conducts the inspections at the time of transfer. Lacina replied that the County will not conduct those inspections at this point; they will be conducted by certified contractors. Sullivan added this should not be a big change because local banks have been requiring these inspections for loans. Lacina confirmed that some banks have required this and now they will be required to use a certified contractor. Beardsley added, in his experience, these inspections have been standard practice. Sullivan asked if Planning and Zoning had any comments on the shared systems. Lacina stated that they discussed the regulations informally, they agreed, and liked the outlots with the ease of tracking the systems. Assistant County Attorney Andy Chappell clarified that the time-of-transfer rules have been amended to be effective July 1, 2009, due to Governor Chet Culver’s veto of previous legislation.
Copeland stated that in January 2009, the County submitted three applications to FEMA for the Hazard Mitigation Grant Program. FEMA has determined they would prefer to see fewer applications; therefore, applications two and three will be combined. There will be 16 properties on the Waiver application that were substantially damaged and located in the 100-year-floodplain, with another four properties on the Benefit-Cost Analysis application. FEMA has suggested that in order to limit the number of future amendments, to put a focus on the 15% requirement rather than on the dollar value of the match that will be provided by the County through the use of Community Development Block Grant (CDBG) funds. FEMA expects a number of property owners will not take the buyout and the amounts may be amended due to duplication of benefits through FEMA coverage or insurance coverage. The amount applied for is a maximum, however, the actual amount that will be received will probably be substantially lower. This may cause concern; however, the County is not actually responsible for the 15%, because it will come from CDBG funding.
Harney inquired if the 15% in-kind match could be for anything. Copeland responded yes, saying it could also be time donated by County employees outside of normal duties; however, it will be funded entirely through CDBG funding. The original public notice was forwarded to the Iowa Department of Economic Development and as soon as they receive the award information from FEMA, they will obligate the grant money. Copeland assured the Board that the County will not be required to meet any type of match. Neuzil said the next step is for the Board to revise the local match resolutions. Copeland stated that they may prepare another budget amendment to show the final amount of the application. They recently received the first budget review from Homeland Security and this is a long process to work through. There may be something else that the Board will need to review at a later date. At this time, the only change is amending three resolutions to two resolutions, and changing the language to 15%. Neuzil stated that the item will be placed on the formal agenda for June 11, 2009.
Pulkrabek provided a handout to the Board which was also given to Tiffin City Council members at a meeting earlier this year. He stated the current contract provides 1,300 hours of law enforcement service annually, or 25 hours per week. The cost per hour is $27.00, for a total of $2,925 in monthly fees and $35,100 in annual fees. Four years ago, the Board and the towns discussed increasing the hourly rate for law enforcement service to $31.00 beginning in July 2009. If the hours of service for Tiffin do not change, the annual cost for service would be $40,300 and the monthly fee would be $3,358.33. The cost to the County is $35.72 per hour to put a deputy on duty in Tiffin. It costs more to provide law enforcement than what the County is charging the City of Tiffin. Pulkrabek said factoring in the cost of the car and fuel costs, the law enforcement contracts that the towns have are advantageous to the towns.
Pulkrabek cited Tiffin's growth, an increased demand for service, and the amount of time deputies are spending there as justification for proposing the following changes to Tiffin's contract: increase their weekly hours from 25 to 30 (1,560 annually); increase the monthly fee to $4,030.00; increase the annual contract to $48,360. Tiffin responded they did not agree with Pulkrabek's recommendation and therefore, he brought his concerns before the Board. Tiffin's request was to decrease weekly service to 22 ½ hours.
Pulkrabek said, due to the addition of a town celebration and plans to build a new school, he feels that reducing law enforcement hours is not appropriate. The Sheriff's staff has traditionally provided a level of service to Tiffin which exceeds the boundaries of the current contract without charging Tiffin for the additional hours. He said they spend more time doing investigations in the school than in any other school in the county. The deputy sheriffs have been instructed to get out of their car and walk into the schools, if nothing is going on in the town. This new program has been very well received by the schools and is not costing the County or the City of Tiffin any extra money.
Pulkrabek added that based on the hours reported at this time, service to Tiffin will clearly exceed the numbers of contracted hours. Currently, for calendar year 2009, there have been 161 hours of investigation time which is not billed against the town contract. This reflects 98½ hours over the number of contracted hours for Tiffin. Based on the 2008 calendar year, which is the most comprehensive data available in the towns, the contract required 1,170 hours. The reason this is different than the 1,300 mentioned earlier is again based on the calendar versus fiscal year. The actual number of service hours was 1,416. Approximately 700 hours were patrol time and the remaining hours involved on-foot patrols, investigations, door checks, traffic control, and enforcement. The Sheriff's Office exceeded the contract by 360 hours last calendar year. Based on this information there is a need for Tiffin to increase the contract hours and pay for the services they are receiving. Pulkrabek said the timing of this is rather urgent as the new contract will start July 1, 2009. He asked for feedback from the Board and also invited Tiffin Mayor Royce Phillips to address the Board.
Harney commented, regardless of the issues, the Sheriff’s Office will respond to emergencies when they are called. Pulkrabek said absolutely. Harney asked if the discrepancy between the services that Tiffin receives and what they pay for is apparent in the other communities. Pulkrabek responded that the Sheriff's Office always exceeds every community's contract, but he is not certain by how much. While Lone Tree and Oxford have decreased the number of contracted hours, it is acceptable because those communities are not experiencing the same level of growth as is Tiffin. Pulkrabek reiterated that regardless of the contract arrangements, deputy sheriffs will respond anytime there is an emergency. If Tiffin decides to reduce the level of service, law enforcement officers will reduce the number of hours they spend in the community. In calendar year 2008, the patrol division spent approximately 42% of its time in the rural areas, and if Tiffin's contract is reduced, this could allow deputies more time in rural areas.
Stutsman commented that these are the consequences of growth and Tiffin would need to either contract with the Sheriff’s Office or establish their own police department. Sullivan said that deputies' time spent in a particular community is unpredictable. Pulkrabek agreed and stated that at times, there are only two deputies patrolling in a 24 hour period, and obviously, they cannot be everywhere at once. Because their presence is unpredictable, and the public does not always know where the deputies will be, he hopes the unexpected presence of law enforcement officers may help people avoid making poor decisions.
Harney asked how the deputies' time is balanced between the rural communities and the cities. Pulkrabek said they follow a schedule of minimum requirements. For example, he said, between 4:00 and 6:00 p.m. a minimum of four deputy sheriffs are on duty countywide because this is the busiest time. Not only do the communities request local law enforcement, but they also want the sheriff's presence in rural areas when school buses are unloading. Allocating services requires a delicate balance, and often, the deputies decisions about where to patrol are dictated by an accident or other emergency situations which draw resources away from regular patrolling. Most emergency incidents require two cars to manage the scene and, depending on the degree of seriousness, sometimes the scene will require three or four cars.
Stutsman inquired if the Sheriff’s Office and the City of Tiffin cannot reach an agreement on contract hours, will the Sheriff’s Office cut back on non-emergency hours of service. She also asked if the schools have been contacted to help pay for law enforcement in the schools. Pulkrabek said that he does not know. He explained that, due to the Solon Beef Days event, Solon has been asked to increase their number of hours for the year, and also provide a lump sum payment for the month of July. The Solon City Council recognized the value of having coverage and decided to pay for an additional 40 hours. Solon negotiated with the Beef Days Committee to provide the additional funds. Sullivan asked if the County contract is only between the County and the City, and Pulkrabek responded yes.
Stutsman said she supports Pulkrabek's position regarding the Tiffin town contract. Pulkrabek asked the Board to prepare a letter to the City of Tiffin stating the Board's support of the Sheriff's recommendation and encouraging them to support his recommendation to increase law enforcement contract hours. If Tiffin chooses not to increase the level of service, the contract will still be signed. Pulkrabek feels a letter from the Board will encourage everyone's involvement in the process.
Tiffin Mayor Royce Phillips said that he spoke with Pulkrabek and Lieutenant Kramer at length and added that he was not the Mayor of Tiffin for the contract discussion four years ago. He added that Pulkrabek’s presentation to the Tiffin City Council was the first time he became aware of the proposed increases to the law enforcement contract. He clarified Tiffin does contract with the department for separate hours to cover Tiffin Fest. He also noted there is no question that Tiffin is growing rapidly at approximately 100 people per year. Tiffin has changed dramatically in the last year and a half; there has been a complete change in attitude and how they do business.
Phillips stated that he recommended to the Tiffin City Council to increase their law enforcement hours, but he does not have a vote on the Council. The five councilors have several things on their minds other than money. He acknowledged the school contract as a good thing, but said they did not know about it until after it was implemented. He would have preferred to have been notified about this beforehand. Phillips admitted that Tiffin could work towards rebuilding lines of communication between the County and the City, which could ultimately improve relations. This is one of his priorities. He added the relationship between the Council and the schools has been so poor for so long, that this is probably not a good place to start, but rather something to develop over time. Phillips feels there is no question that they will need increased patrol hours in Tiffin, and they want to work toward that goal.
Phillips said he thinks the Council is willing to increase the number of patrol hours in the city; however, he is not sure by how many. At some future point they want to follow the North Liberty lead and develop their own patrolling and own law enforcement department, but that is several years away. The proposed annual increase is 30%, which is a significant jump for Tiffin. The Council is looking for a way to absorb this increase and plan for it in the future, which they are intending to do.
Neuzil asked Pulkrabek when the contracts need to be formalized. Pulkrabek indicated that ordinarily these contracts have been in place by this time. As soon as Tiffin replies, the Sheriff's Office will rewrite the contract for Tiffin's approval. It would then be brought to the Board for approval. Neuzil said Tiffin needs to determine the level of service and public safety they want. He added Pulkrabek initiated this contract increase in response to the Johnson County Strategic Planning effort to reconcile expenses and costs, and increase additional revenues. This is a scheduled process and will be repeated every two years. Pulkrabek said this time he did not forecast a future increase like he did four years ago. Phillips was not in office at that time, but all the towns did receive information on the projected increases for FY11.
Neuzil stated Tiffin and the Sheriff’s Office need to increase communications and information sharing. Phillips agreed and restated the importance of improving communications. He anticipates that, over time, they will increase their law enforcement contract. Sullivan asked when the Tiffin Council will meet next. Phillips replied the next meeting is scheduled on June 10, 2009. Sullivan asked if there was still the possibility to get something done before July 1, 2009. Phillips replied yes. Pulkrabek asked if the Board will be able to send a letter to the Tiffin Council by June 10, 2009. Board members replied yes.
Social Services Coordinator Amy Correia stated that Decategorization contracts are contracts between the Iowa Department of Human Services and the Johnson County Board of Supervisors allowing the transfer of funds from the Chief Juvenile Court Officer to the local Decategorization Board. Their department received late notice about carry-over dollars on May 29, 2009, and was required to respond by June 1, 2009. There were contracts in place with the Juvenile Court transfer dollars from last year that had renewable options. Sixth District Chief Juvenile Court Officer Candice Bennett transfers the dollars with a designation of where she would like those funds to go. The first contract is for $6,700, with $5,000 of that to support training of Juvenile Court Probation Officers and the next priority would be for training other community partners that have a juvenile component. In FY09, some of these dollars support local law enforcement training. Next, $1,700 would support the administration of a monthly first offenders shoplifter program for juveniles. This 15-year-old program is very successful. To administer the program, Johnson County Social Services pays the bills and then is reimbursed by the State.
Next Correia presented the proposed State Decat Contract for the Purposes of Securing Functional Family Therapy Services for Youth and Families Involved in the Juvenile Court System in the amount of $108,556. Correia said that Functional Family Therapy is an evidence-based practice. The Chief Juvenile Court officer is very committed to having this program in place throughout the district. There are similar Decategorization contracts in other counties in the area. The contract is between the State Department of Human Services and Johnson County Board of Supervisors. Correia stated she will work with an area provider who has a certified team working with a memorandum of understanding to provide those services. All families are referred to the service through the Juvenile Court Office. Approximately 63 families have been involved in the program over the last three quarters. The goal is to keep kids in the community and at home with their families. Harney asked if this would be a three-year contract. Correia responded that standard Decat contracts are two years with a one-year renewable option. Sullivan asked how the funds are budgeted. Correia replied the program is budgeted to cover the costs of two full-time functional family therapists as well as a certified supervisor. Sullivan asked what happens if there is more need for functional family therapy than what is provided for under the contract. Correia responded they have not encountered that problem in the past.
Stutsman asked for clarification on the number of families who have participated versus the number who have completed the program. Correia stated that 63 families are participating in the program, 37 have completed the program, and the remaining families are in the process of completing the program. Most families do complete the program.
Correia stated the State requires the local Empowerment Board have a public entity act as its fiscal agent and that an agreement formalize that relationship. Johnson County has been the fiscal agent since its inception approximately eight or nine years ago. Next, the County is required to act as the employer of record for the staff of the Empowerment Board, which currently includes one and a half staff. The pay and benefits are provided for through funding from State allocations. The County administers two Empowerment programs, Continued Care and School Ready Scholarship programs. Correia stated that Social Worker II An Fevold manages these programs. All of the funding for the scholarships and child care assistance comes from the Empowerment Board, therefore, Social Services pays the providers and then is reimbursed by Empowerment Board. Stutsman commented that over $1 million comes in locally to support the program. She asked if the funding was cut during the legislative session. Correia replied that funding was cut, but not as much as was predicted. Neuzil added that funding was cut, but there are still other opportunities for additional monies. He added that one issue is that there is no carry-over, which is where the program is struggling.
SEATS Director Tom Brase reported that University Heights contracts with Iowa City to manage their fixed route, but they need a paratransit also, so they contract with Johnson County. Last year the contract amount was $8,278.32 and this amount will remain the same for the new contract. The 28E Agreement is a fixed route contract with the City of Iowa City, and JCCOG will present that contract soon.
Brase stated the 28E Agreement with the City of Lone Tree in the amount of $7,100 represents an increase for two additional days per week. This represents an $80 increase. In addition, a fare increase to $2.00 will be included. The City of Lone Tree has opted to have the people using the service pay an additional $1.00 and the City will subsidize the remaining $1.00. The Lone Tree City Council has approved the contract.
Brase stated the City of Solon will subsidize $1.50 for transit service and keep the rural rider’s fare at $0.50.
Brase stated that this is a purchase contract rather than a 28E Agreement. It will not be sent to the State; however, it does need to be signed and authorized by the Board. This contract has been in place for nearly 30 years and provides approximately $85,000 in revenue from State transit assistance and Federal funding.
Brase stated that Dave Purdy has left Elder Services and Mary Wiemann has been selected to take over as Ex-Officio member. Valerie Scher, who has been on the Committee for two years, has opted not to participate this time. He also recommended that Lynn Stamus, who served on the Committee a year ago, be allowed to serve again as a voting member. Sullivan asked if the vacancies were advertised through the regular process. Brase said yes. Neuzil stated that the balance on the committee is currently five females and six males, and with the changes recommended, there would be six females and five males, which keeps the Committee gender-balanced. Brase confirmed that Brian Buelow would be reappointed.
Budget Coordinator Richard Claiborne stated that the Johnson County Conservation Department has requested a transfer of $19,271 to the Conservation Trust Fund. This request is unique because agreements with the Conservation Board allow for transfers of earned revenues by resolutions. The amounts requested in the resolutions are always predictions, because the year is not ended yet. Resolution 04-24-08-T7 was for $66,040, but at the end of the year, it was $82,403, less the FEMA money. As the year wound down, Claiborne said that Conservation Director Harry Graves asked for the remaining $19,271 to be transferred to the Conservation Trust Fund. This is not authorized in the agreement because the guide used is language from Iowa Code section 350.6: “gifts, contributions, and bequests of money, rent, licenses, fees, charges, and other revenues received by the county conservation board”. Other departments have received FEMA money as department revenues to use in case they run short; an amendment would allow access to those funds.
Claiborne said with this request, if Conservation had run short, they would have appropriated the $19,271 through an amendment. However, since Conservation did not run short and therefore did not spend that money, Graves is now asking the Board to transfer $19,271 to their trust fund. If the Board agrees to the transfer, it could set a precedent. Claiborne said according to Jim Nervig with the Iowa Department of Management, this type of transfer is legal, but it does stretch the Code.
Neuzil asked if all FEMA reimbursements have gone into the General Fund or the Rural Fund, leaving it to the discretion of the Board of Supervisors how to spend the money. Claiborne said yes. Stutsman said the major difference though is that other FEMA reimbursements were used for department operating costs, whereas Conservation is asking to put the funds into a department savings account. Traditionally reimbursements go in the General Fund and the Board apportions them accordingly. This would be a change in County policy. Harney asked if this FEMA reimbursement was for disaster related expenses. Claiborne responded yes and confirmed that the Conservation Department received revenue of $19,271 in their budget to use if they ran short. Conservation's operating budget did not run short and now Graves is asking to transfer these funds into a savings account. If other departments ran short in their operating budgets, they requested an amendment in the spring or fall.
Claiborne said the final amendment deadline is past and so this would have to be a policy decision by the Board. Stutsman and Neuzil agreed that this discussion should be moved to a Key Issues meeting. Neuzil added that he would like to hear from Conservation representatives in order to make an informed decision. Meyers asked if these funds were part of their original FY09 budget and Claiborne said no. Meyers asked if Conservation had to put up the money for their expenses until they received FEMA reimbursements. He clarified that the money they used was originally part of their FY09 budget and now as it turns out, they had enough money in their operating expenses for FY09 and won't actually need that money. Claiborne responded yes and restated that rather than leaving these funds in the General Basic Fund and adding to reserves for future amendments, as is standard practice, Conservation wants to move the money to a savings account. Claiborne requested to have a decision by June 30, 2009, in order finalize this year’s budget.
Stutsman requested that Claiborne provide an assessment of what every department received in an effort to be equitable to all during the Board's decision making process. Neuzil agreed that would be good background information. He added that Secondary Roads receives reimbursement from FEMA and deposits them into their reserve account, but that is not done with any other departments. Claiborne said the Iowa Code stipulates the Conservation Trust account is for capital improvement or purchase of land, whereas Secondary Roads' reserve is for operational expenses. Neuzil said he would like to ask Conservation what they have planned for this money. The Board agreed to schedule this discussion at a future Key Issues meeting.
Meyers reported that he attended site visits for the Block 20 grants at the Rape Victim’s Advocacy Program and Elder Services. He also attended a meeting regarding the Sutliff Bridge project.
Sullivan announced that Senator Tom Harkin is scheduled to participate in a town hall meeting at the North Liberty Community Center on June 6, 2009. Sullivan attended the Heritage Area Agency on Aging awards, the Vietnam Veteran’s Memorial dedication ceremony, a Shelter House fundraising luncheon, and Planning and Zoning site visits. Sullivan encouraged the public to attend the Iowa City Arts Festival this weekend and the annual ICARE Pancake Breakfast on June 7, 2009.
Stutsman reported that she attended an ECICOG meeting. a liaison meeting with Executive Assistant Andy Johnson, a GIS Policy Board meeting, an Animal Ordinance meeting, and a site visit at the Auditor’s Office.
Harney reported he attended a Joint Communications Center Policy Board Meeting, the Vietnam Veteran’s Memorial dedication ceremony, Planning and Zoning site visits, attended a meeting with animal control to review an ordinance, a Creative Economy meeting in Coralville, and he and Neuzil had a site visit at the proposed 220th or 240th Street locations for a processing plant. Harney recognized Johnson County Emergency Management Coordinator Dave Wilson for receiving honorable mention for the 2009 James Lee Witt Local Award for Excellence in Floodplain Management. He said this national recognition is scheduled in Orlando, Florida on June 11, 2009.
Neuzil reported he met with Medical Examiner Mike Hensch, and he attended a site visit at Elder Services. In addition, he held a Listening Post on June 4, 2009, at Bruegger’s on Riverside Drive and has a Listening Post scheduled on June 12, 2009, at Bruegger’s in Coralville at 7:30 a.m.
Johnson reported this is a free fishing weekend, which means everyone can fish without a license. The Conservation Department has a fishing clinic at Kent Park scheduled on June 6, 2009, from 3:00 to 6:00 p.m. at the boat ramp.
Adjourned at 10:52 a.m.
______________________________________________________________________
Attest: Tom Slockett, Auditor
By:
On the _______ day of _____________________, 2009
By Nancy Tomkovicz, Recording Secretary
Sent to the Board of Supervisors on August 14, 2009 at 9:00 a.m.