MINUTES OF THE INFORMAL MEETING OF THE JOHNSON COUNTY BOARD OF SUPERVISORS:
JANUARY 20, 2011
TABLE OF CONTENTS
Page
Business from Farmers National Company Farm Manager John Yeomans: 2011 County Farm Lease Agreement 1
Medical Examiner Administrator Mike Hensch: Approval of Two New Deputy Medical Examiners 6
Reports and Inquiries from Executive Assistant Andy Johnson.................................................. 7
Board of Supervisors: Additional Appointment to East Central Iowa Council of Governments ISTEA Policy Committee....................................................................................................................................... 8
Reports and Inquiries from the Board of Supervisors................................................................. 9
Chairperson Harney called the Johnson County Board of Supervisors to order in the Johnson County Administration Building at 9:26 a.m. Members present were: Pat Harney, Terrence Neuzil, Janelle Rettig, Sally Stutsman, and Rod Sullivan.
Farmers National Company Farm Manager John Yeomans showed the Board a springtime photo of property looking north of the cemetery entrance. He said it has been in the lease agreement that the farm operators do not disturb or destroy that lane. He thinks that Chatham Oaks is responsible for mowing the lane and into the cemetery. Yeomans showed a photo from late June 2010 looking east at the Joint Emergency Communications Center (JECC) building and some of the crop that was growing at that time. He showed another photo of crop land close to where the monitoring wells are located, which is the piece of ground that was an abandoned Conservation Reserve Program (CRP). In the background of the photo it is possible to see that the Weber neighborhood is right up to the County Farm. He said the current operator yielded an average of 180 bushels, which was pretty typical for the area.
Yeomans referred to a photo showing some wet areas and said that most farms need tile. Since the County Farm will likely continue to be developed, there is really no point in spending money for drainage tile. He pointed out the retention pond basin for JECC which could be seen in the photo, which is looking to the south east. The monitoring wells are located in the center of the picture. There is some corn that was planted, but did not amount to anything. Yeomans showed a strip of ground which a new operator had asked about farming on. He said it can be farmed, but at one time they were leaving some strips there for residents of Chatham Oaks to walk around on. There are some brush piles that have been there for at least a couple of years and the current operator said he would clean them out.
Yeomans said this is an updated Farm Service Agency map that the County office prepared in December 2010. The map shows the areas that they are cropping, the areas that are in grass, and the strips. He directed the Board’s attention to the southwest corner where there are now houses up against the County Farm line. That land was all open when the Board went on the County Farm tour there a couple of years ago. It is amazing how the Weber neighborhood has filled in. Stutsman asked if the proposed development has been approved. Neuzil said the development has gone in on one side, but the proposal is not done yet for the other side.
Yeomans said the Supervisors will need to make some decisions regarding the orange areas on the next slide. Those areas are currently being used as driving lanes, but the new operator has asked if he could farm those areas. Yeomans said that doing so would add some more acres. The new operator would still have access into the waterways if he wanted to hay and mow them. The access from the south would be through the neighborhood. The people from the University of Iowa (the University) will still be able to access the monitoring wells by walking along the grass waterway.
Stutsman asked how many acres that plan would add. Yeomans said field 13 is 3.12 acres and he estimates the other field is a little over 3 acres, and including the other field there is a total of 14 acres. With the addition of the waterways and drive strips, he estimates it would add about 4 acres. Stutsman clarified that Yeomans does not think that would cause problems. Yeomans said the new operator would need to get the plan approved from the Natural Resources Conservation Service (NRCS). It is that way because the 40.6 acre field is not highly erodible. At the time, they wanted a strip between those two field designations. He has other farms where the strip is not there anymore. If it was a private farm, they would want to preserve the not highly erodible designation because it makes that part of the land more valuable. He said it is not as critical for the County because they are probably not going to sell the farm on the open market. Secondly, the new and current operators use no-till farming methods or reduced tillage methods, so it is not as big of an issue at it used to be. Yeomans said this means that the not highly erodible field can be plowed without being in violation of any NRCS or other farm program rules.
Sullivan said Yeomans mentioned something about being able to access the farm from the south but he thought the County had a fence along the entire south side. Yeomans said the fence is gone in some parts. The road ends at the fence, but some of the fence could be taken out in order to get in. Sullivan clarified that the fence is currently there. Yeomans said parts of the fence have been taken out. Sullivan asked if that is a problem for the County. Yeomans said he does not think so. He has seen residents from that neighborhood walking their dogs in that area. Sullivan asked if there is any kind of liability issue. Yeomans said the only thing he sees in his other farms that are next to towns or acreages is that people tend to dump their grass clippings and brush over the fence. Typically there is a problem if an acreage owner continues to creep out into the field. He said there was one situation where they had to hire a surveyor who found out that they were 40 feet off because someone had gone into the field 40 feet. That is not going to happen in this situation. Sullivan said as long as there is some fence row there so people know where the property is. Yeomans said there is a hump in the land that indicates the property lines as well.
Stutsman asked if Yeomans is talking about bringing farm equipment in from the south. Yeomans said no. He is just saying that they would be able to access that area. For example, if the operator needed to go in to do something at that location, he would have access. Or, if the operator wanted to keep haying the waterways he could enter through the south side. Yeomans said there are other options. Harney asked if the operator would be coming through the housing development. Yeomans said no, the operator could enter from the south side of the farm. Harney said he would want to eliminate any access to keep the weeds down because he thinks that is one of the stipulations. Yeomans said he is just bringing it up because the operator had mentioned it. He had told the operator that he would have to get Board approval to take out the grass strips.
Rettig asked Yeomans if there is anything in the lease that prohibits fall tillage. Yeomans said no, but the current operator does strip-tillage. Rettig said she approves or discusses a lot of leases with the Department of Natural Resources (DNR) farm lands. Their lease for a number of years has prohibited fall tillage due to runoff. Fall tillage also has some other environmental impacts. She would urge the County to move in that direction so the County Farm is managed in an environmentally responsible way, similar to DNR farm land. However, there is some conflict between DNR’s management and some of the commissioners who would like to have all the leases ban all tilling. That is a problem in some rural areas where no-till equipment is not available. She read this lease and did not see a prohibition against fall tillage. Yeomans said he could add that to the lease. Rettig said she is just one voice but thinks the County should set an example. The DNR’s leases are closer to what she thinks is a good example.
Rettig said she is concerned with taking out grass strips although it looks like they have not been maintained. Yeomans said they have been mowed. Rettig said one looked like a tree. Yeomans said that strip needs to be cleaned up and the current operator said he would do so. Harney said if it is not a highly erodible area then it absorbs the moisture more readily than if it is not fall tilled. It does not make much of a difference to him either way. Yeomans said some operators have done fall ripping where they do vertical tillage to break up the hardpan. This has helped allow water to infiltrate. There has been a large amount of rain fall the last few years and many fields have been compacted due to that rain fall. Some operators have done that vertical tillage. That should not be a problem this year due to the hard freeze this winter.
Rettig said DNR's leases allow the operator to ask for permission to do fall tillage. In a case where the land has been flooded the operator can ask for permission to fall till, and that permission has been granted. Sullivan said it has not been a problem for the County to this point but they cannot always guarantee that the County will have the same operator, so it may not be a bad idea to add that to the lease. Neuzil said it seems like a good suggestion. The operator could work with Yeomans and get permission from the Board if there is a need. Yeomans said the current operator is no-till and the proposed new operator does strip-till. Strip-till is the new hybrid of no-till versus tillage. Strip-till uses Global Positioning System (GPS) guided systems to till a strip, apply the fertilizers, and either plant right on that strip or perform no-till the following spring. Yeomans said the contract can be made for a strictly no-till farm.
Stutsman said she does not have a problem with making the land no-till but the potential new operator does not know that is what the County is considering and there may be a difference in whether he wants to go ahead with the contract. Yeomans said he would have to talk with the new operator. Ultimately the operator has to stay in compliance with the NRCS. If the operators are out of compliance with the NRCS, they could potentially lose all of their farm payments.
Rettig said she is interested in prohibiting fall tillage unless the operator seeks permission and there is a reason for the Board to grant it. She said even DNR has not gone to no-till. They are headed in that direction but it will probably be a regional issue because it is hard to find people who can farm certain areas. Some people do not have the equipment for no-till, and they are not going to buy the expensive equipment to only farm 40 acres. Rettig said she is interested in making progress to make the County Farm a role model in farm operations.
Sullivan said if the County is going to allow the operator to plant additional land, tillage is going to be necessary to get the land to plantable condition. Yeomans agreed and said some of the strips are highly compacted so the operator will need to rip it to break up the compaction. The only strip he would recommend that the County take out is the strip east of the drive going to the cemetery, just south of JECC.
Stutsman said Yeomans is talking about a new renter, James Sladek with JCS Family Farms. She asked if Yeomans put the land out for bid. Yeomans said yes. Over the last few years he has bid the farm out a number of times and each time it has consistently involved the same players. He talked to the same top bidders at the end of 2010. The current operator gave him a written bid along with two other people. Sladek was one of the highest bidders. Stutsman asked Yeoman if he thinks there will be any problems. Yeomans said he talked with the current operator who suspected he knew who it would be.
Rettig asked for clarification regarding what strip Yeomans recommends to be removed and where the wells are located. Yeomans pointed out both locations on the map. He was near the wells recently and researchers were there conducting a septic system study. Sullivan asked if the researchers come in on foot. Yeomans confirmed.
Harney said his concern about the removal of that strip is due to native grasses that are periodically burned there by JECC. If two crops get too close it could be an issue. Rettig said she is not supportive of taking out the grass strips without a broader understanding of why they were originally put in and whether that circumstance has changed. Based on the photo, she does not think they are being maintained and she would like them to be maintained to filter the runoff. Rettig said Yeomans proved that some areas of the County Farm are wet, so slowing down the runoff is important.
Yeomans said a lot of the land to the south and east of those strips were in CRP years ago. From what he understands, those were remnants of the CRP. Rettig said that makes her want to maintain them in CRP standards and not remove them. Yeomans said that is fine and he is bringing it up because it was asked by the potential operator. Sullivan said it seems to him that Yeomans should have enough data to make a recommendation to the Board. Yeomans said he recommends that the Board leave the strips in place but maintain them. Sullivan said OK, that is good enough for him and that is what he is looking for. Neuzil said they should leave the strips in place and have them maintained.
Yeomans said in the last few years the operator has not been able to hay the strips midseason because the land has been so wet. The land is very nice when it is hayed and mowed. Rettig asked if Yeomans has a problem with fall tillage without permission. Yeomans said he does not have a problem with that. Stutsman clarified that Yeomans has not talked to the operator. Yeomans said he would have to talk to the operator but he does not believe that it would be a problem. Strip-tillage is the only tillage he knows of the operator doing. He would have to ask the operator if he was planning on doing strip-tillage on the County Farm.
Stutsman asked if the rent has been increased since last year. Yeomans said yes, the amount is a pretty good bump from last year. Stutsman asked if Yeomans could talk to the operator so the Board could have this item on the agenda next week. Rettig said she is alright with going forward. If the operator says no to these conditions, then they can insert stronger language into the 2012 contract before it is even put out to bid. She clarified that this is a one year contract. Yeomans said yes, it has always been a one year contract. Rettig said she wants the County to move in a direction similar to that of the DNR. Yeomans said he will let the operator know that the Board is likely to approve him as the new operator, so he can start making plans such as making purchases and selling grain. Sullivan said in 2010 when this year's new operator was not the winning bid, he still urged the Supervisors to contact him if they were interested regarding his operations. Sullivan said he is sure that offer still stands. Yeomans said the new operator was the second highest bidder last year.
Yeomans said in the past he spoke with another operator that appreciated Yeomans bringing the offer to him, but did not want his bidding exposed to the public. He said there is an individual from Wisconsin that contacts the County for data and lease information and he does disclose that information to potential operators. The biggest deterrent for other operators is that they do not want their landlords to know what they are willing to pay for a farm.
Harney said the Board will plan on moving this forward. He asked Yeomans to let the Board know if the operator has any objections.
Medical Examiner Administrator Mike Hensch said the Medical Examiner has the opportunity to appoint two new Deputy Medical Examiners, Dr. Marcus Nashelsky and Dr. Dennis Firchau. Hensch said they are both forensic pathologists at the University of Iowa (UI). Since they are willing to become Deputy Medical Examiners, Dr. Agustin Aguilar agreed to step aside. Hensch said the Medical Examiner's Office does not want to have too many deputy medical examiners. The objective is to have people who are actually working, not people who are just on a list. Hensch said Chief Medical Examiner Dr. Stephen Scheckel appointed Nashelsky and Firchau. Per the Iowa Administrative Code, the Board needs to approve these appointments. It is great for the Medical Examiner's Office to have two experienced forensic pathologists, and this is something most counties in the United States would be very glad to have.
Hensch said Scheckel is the Medical Director of the Emergency Care Unit at Mercy Iowa City (Mercy). He said Nashelsky is a full time professor of pathology at the UI and the director of the UI autopsy services, he is on the Board of Directors of the National Association of Medical Examiners, and he is one of the inspectors to certify medical examiner departments nationwide. Hensch said that Firchau, a cardiac pathologist, has completed his fellowship in forensic pathology and is now a forensic pathologist at the UI. He said Deputy Medical Examiner Dr. Jonathan Simmons is a critical care physician at the Surgical Intensive Care Unit at the UI Hospitals and Clinics (UIHC). Hensch said the County has four extremely qualified people. Hensch reiterated that any county in Iowa would be very grateful to have this situation and most counties in the United States would be extremely impressed by the quality of Johnson County’s medical examiners. It is a big deal to have this many extremely qualified people.
Hensch said these appointments do not cost the County any additional money. The deputies only get paid if they are on call. The call rate in the County is a bargain basement price, paying $153.30 to be on call for 24 hours. It is primarily a consultative role where the investigator who is working the case will speak with the deputy medical examiners and review the case with them. The Deputy Medical Examiner will sign the death certificate when that is prepared. Sullivan said Nashelsky is the expert that people are going to anyway. Hensch said yes. Mercy hospital's autopsy services receive almost all of the cases in eastern Iowa, including cases from Scott, Muscatine, Johnson, Des Moines, Henry, and Washington Counties. Harney asked if the Deputy Medical Examiners are paid $153.30 a day even if they are not called. Hensch said they are paid a flat fee of $153.30 regardless of whether they are called. The County is getting a great deal, since these individuals probably make that much money in 15 minutes, as they earn about $250,000 to $300,000 per year.
Assistant County Attorney Susan Nehring said her understanding is that Nashelsky has been the State Medical Examiner. She does not know if that is the case with Firchau as well. She asked if Nashelsky is continuing on in that role. Hensch said Nashelsky is also an Assistant State Medical Examiner. Nehring asked how it will work if Nashelsky is an Assistant State Medical Examiner and is also on call to be a Johnson County Deputy Medical Examiner. Hensch said being an Assistant State Medical Examiner is primarily just an appointment, and Nashelsky does not go to Ankeny to do any work. He said Nashelsky is a full time staff physician at UIHC and has the title of Assistant State Medical Examiner, but Hensch does not think it involves much more than that.
Nehring asked if Nashelsky will perform an autopsy once the medical examiner investigator in the field makes a determination that there is something suspicious. Hensch said Nashelsky and Firchau are autopsy pathologists. He said if those individuals are not available then they go to the State Medical Examiner’s Office in Ankeny, but they try to avoid that. Nehring clarified that the $153.30 on-call rate would not cover any autopsies they may perform. Hensch said correct. The $153.30 is for being on-call as the Johnson County Deputy Medical Examiner. When they perform an autopsy they are paid a consulting fee through UIHC. The County pays UIHC in that case, not the Deputy Medical Examiners. He thinks this practice is pretty standard. Harney said this is so it does not become a conflict between local and state government. Hensch said no, Nashelsky does not receive any compensation from the State Medical Examiner’s Office for being an Assistant State Medical Examiner.
Neuzil said he does not hear any objection to putting this item on the agenda for approval next week. Several Supervisors will not be present but this does not seem like anything too controversial. Sullivan agreed and said it sounds like good news. Hensch said it is exceptionally great news to have two forensic pathologists that are willing to be Deputy Medical Examiners. Other counties do not have that level of expertise available to them. Harney asked if they do the work out of UIHC or Mercy or both. Hensch said the work is only done at UIHC, and both individuals are UIHC employees.
Nehring asked if Nashelsky or Firchau would ever be able to go to a crime scene if, for example, there was a complicated homicide. Hensch said on occasion they will be asked to report to the scene. Autopsies alone do not provide very much information without a thorough scene investigation. The Deputy Medical Examiner will be called to the scene if there is a homicide or questionable death. Hensch said Nashelsky has probably come to the scene a half dozen times. He said Nashelsky has always done that gratis in the past because he did not have an official status with the County. The Medical Examiner's Office would call on Nashelsky in the middle of the night.
Executive Assistant Andy Johnson said the flood buyouts are moving forward. There were two closings on January 14, 2011, there will be another four closings on January 28, 2011, and there will be more in February 2011. Stutsman asked if those are the buyouts on Riverview Estates. Johnson confirmed.
Johnson said the Board has a Budget Meeting scheduled for January 21 at 9:00 a.m. Several Board Members will be gone on January 26 and 27, 2011, for the Iowa State Association of Counties New Officers Conference. There is a Board Meeting scheduled on January 27, 2011 at 9:00 a.m.
Harney said the County is able to have two members on the East Central Iowa Council of Governments (ECICOG) Intermodal Surface Transportation Efficiency Act (ISTEA) Policy Committee. There can be two members from the Board or one Secondary Roads engineer and one Board member. Rettig asked what the Board appointed Assistant County Engineer Rob Winstead to last month, who replaced Assistant County Engineer Alan Miller. Stutsman asked if it was the Trails Advisory Committee (TAC). Rettig said that was the TAC and this is the ISTEA Policy Committee. Harney said that is his understanding.
Neuzil asked what the Board needs to do. Stutsman said the Board needs to determine who they want to appoint. She serves on the ISTEA Policy Board because it generally meets before or after the ECICOG meeting. Sullivan said it would make sense to appoint the ECICOG representative to the ISTEA Policy Board. Stutsman agreed. Neuzil asked if Stutsman is that person. Stutsman said the County has a citizen appointment. She said Former University of Iowa Campus Planner Larry Wilson has served and asked if he is still available. Rettig said no, Wilson will be replaced because there was a new appointment that was approved. Stutsman asked who the new appointment is and if that should be the person. Rettig said the citizen appointment to ECICOG is Kent Ackerson.
Harney said he would prefer the Board's representative to be a Secondary Roads engineer, either County Engineer Greg Parker or one of his representatives. Stutsman said the only reason she is hesitant about Harney's recommendation is that generally the meetings last 15 to 20 minutes. She wonders if it is a good use of staff time and mileage to drive there for a short meeting. Rettig said the County has two appointments, Stutsman and someone else. In the past, the County had Wilson. Stutsman said she does not think the County ever had a second person on the ISTEA Policy Board. Harney agreed. Rettig asked if the ISTEA Policy Board meets monthly or just as they are called. Stutsman said usually it is quarterly.
Stutsman said she thinks that some of these things go through Secondary Roads, regarding TAC's recommendations to the Policy Board. Sullivan said he is not familiar with this body and asked if they are decision making or recommendation only. Stutsman said they are decision making based on recommendations from the TAC. Sullivan said it is pretty important that the County has somebody that is willing to represent the interests of Johnson County when a vote is taken, because those interests could potentially be pitting Johnson County against another entity so he is not sure if the Board wants to appoint someone who works for another entity. Rettig agreed and said the Board would not want to appoint someone who might not be in tune with the County road projects. Harney said his concern is that some other counties have the opportunity to have two people there to vote for something. Neuzil said two people that have the knowledge. Harney said it has to be someone that knows what is going on.
Rettig asked if the appointment can be made and an alternate approved. She said the Board can appoint a Supervisor and if there is nothing controversial they can ask Ackerson to be the alternate. If there is a road budget decision to be made, the appointed member of the Board or Winstead will attend the meeting. Stutsman said it seems like most of the decisions have been based on transit, such as approving buses or additions to the transit plan. Rettig said maybe SEATS Director Tom Brase could be appointed. She said if the Board does not want to send an engineer, they could send Brase. She said the Board would ask Ackerson to be the appointed Supervisor's alternate on occasion. Stutsman agreed.
Neuzil suggested that the Board communicate this idea with Brase and see if there is value in him being on that Committee. Sullivan said it makes sense to have a County employee serve. Neuzil agreed and said he can see the value in that decision. He said Brase could participate in meetings via telephone. Rettig said the Board is heading in the direction to appoint Brase and Johnson will figure it out. She asked the Board if they can appoint him next week. Harney said they will research it a little bit and make sure it is in the County’s best interest to do it that way. Rettig said Neuzil and Stutsman will not be present next week. Neuzil said he is fine with that decision as long as the details are worked out. Sullivan asked if Stutsman is alright with the decision. Stutsman said yes.
Rettig said she attended the Johnson County Council of Governments (JCCOG) Urban Policy Board and the Rural Policy Board meeting. The JCCOG has been renamed the Metropolitan Planning Organization of Johnson County. She will need to follow up with Johnson to poll the Board on their availability to go to a Solon City Council meeting in April or May 2011.
Sullivan said a tennis fundraiser for Juvenile Diabetes Research Foundation, On Court for a Cause, is scheduled for January 22, 2011 from 5:30 to 7:30 p.m. at the Hawkeye Tennis and Recreation Complex. He wants to congratulate the people at the Iowa City/Coralville Area Convention and Visitors Bureau for another triumph in securing the 2012 Olympic Wrestling Trials to be held in Iowa City. The event is scheduled at Carver-Hawkeye Arena in late April 2011.
Sullivan said he attended a luncheon for the Community Foundation of Johnson County grants. He said the volunteers who organized the event did a great job and Grant Committee Chair Kristin Summerwill deserves a lot of credit for a great event. He attended a service put on by the Consultation of Religious Communities at Bethel African Methodist Episcopal Church in honor of the Martin Luther King, Jr. holiday. He congratulated University Heights City Council Member Rosanne Hopson on winning the election to the University Heights Council and thanked everyone in University Heights for the high voter turnout.
Sullivan said he attended an Iowa City Area Development group breakfast meeting, and a meeting of the Johnson County Chapter of the National Alliance for the Mentally Ill and he encourages people to stay in contact with their legislators to make sure that any changes that do happen are in favor of people with mental illnesses.
Stutsman said everything she was going to say has already been covered.
Neuzil said he attended a County Rate Information System Policy Board meeting and an orientation meeting with Iowa City/Coralville Convention and Visitor's Bureau President Joshua Schamberger. His next Listening Post is scheduled for January 21, 2011 at 7:30 a.m. at Bruegger’s Bagel Bakery in Coralville. The hot topics discussion will be Iowa legislative issues.
Harney said he attended the Community Foundation of Johnson County grants luncheon, the Iowa City Area Chamber of Commerce roundtable, the County Compensation Board meeting, and a Safety Task Force meeting. Harney said not only will Iowa City host the Olympic wrestling trials, but swimming competitions will be hosted in Iowa City as well.
Adjourned at 10:21 a.m.
Attest: Tom Slockett, Auditor
By Nancy Tomkovicz, Recording Secretary