Lehman: The next Business will be the County Engineer, with Mike Gardner, and Assistant County Engineer, Al Miller today, discussing weight embargoes on Secondary Roads. Hopefully, with a change of seasons coming up here, Mike and Al are looking ahead.

County Engineer Mike Gardner: What I’m distributing now is a copy of the letter that we mailed out to all of the local, anybody that is dealing in loads that may be impacted by our road embargoes coming up. We sent out over 500 of these to the local ready mixes, trucking companies, the moving vans. Everybody that we felt was going to be impacted by it. This is just our annual event, that, as you say, as the weather changes we’re trying to protect our investment in our oil chip seal roads. So, we have to embargo them and what we do is put up a weight limit of 8 tons for the vehicle when we see that the surface is starting to show some distress. I visited with Kevin this morning about it and he said that the rock roads are starting to have some problems right now and normally the oil roads follow rather quickly after that. So, he is anticipating that given the recent conditions, that we’re probably looking at embargoes fairly soon. If it turns cold again, it may be awhile. I looked through the file and found this is a pretty typical time. In 1997, we did the resolution on the 20th of February. In 98 we did it on the 26th. In 99 it was the 25th. Last year it was on the 24th of February. So, this is just about the time it happens every year. We are allowed to embargo them up to 90 days. What we do is, we inspect each road and we don’t embargo them until they start to show some stress. So, it’s not just done as a blanket deal. We leave them open as long as they don’t show any distress and then we take them off the same way. As we see them start to get firm we remove them.

Lehman: Now that you mentioned it, I think your department specifies which roads and looks at the conditions. But, you are not the enforcing agent. It would be the law enforcement.

Gardner: That’s correct.

Lehman: Or the Sheriff or the DOT. They may either fine someone out there that they know is overweight or they will act on a complaint.

Stutsman: This winter has just been horrendous on roads. Even driving around town or on State roads, as well as County roads, I’ve never seen the potential for so many potholes. I see these great big cracks and they are full of water and I think oh boy.

Gardner: It’s going to take its toll I think. I just mentioned briefly about the rock roads and Kevin said I might want to put you on alert that we are getting some complaints about them. We’re trying to spot them as we can, but the problem is, if we go out and put the rock on them right now and then we get another snowstorm, we’re going to be plowing rock into the ditch. Then, we get those complaints on down the road. So, right now we’re just doing spot treatments as they really get terribly bad.

Lehman: You’ve also notified the homebuilders association?

Gardner: I’m pretty sure we’ve hit darn near everybody in the County when we put out the over 500. I can check and see if that was specifically.

Lehman: OK.

Thompson: I had a question from a person who is going to be moving during this time and wants to know if there can be an accommodation for a moving van.

Gardner: No we don’t do that specifically. What they can do is just bring it out in smaller loads. That’s how they’ve handled it in the past. They just have to come in and take it out in smaller loads.

Stutsman: For the 2 new Board Members, Mike, you might kind of just go briefly over the policy about exceptions to the embargo because that has been an issue from time to time.

Gardner: The exceptions are for farm produce that is subject to spoilage, home heating fuels, that type of thing. We have made exceptions in the past. If a septic tank needs to be pumped or something, the Health Department will contact us and say, yes it is a problem and so we have issued a permit for those people. When we do issue permits, they have to come out to our office to get them. On situations where it’s a single load, or just a load or 2, they are given the date and then we try to work with them on a route so we keep them off as much mileage as possible. We get them on the rock or some place else where it’s not going to do the damage that it does on the oil roads. The people that are moving the materials that are spoiled we give them a time frame when they are going to be doing that and the permit is issued for that time frame.

Stutsman: I have been in situations where people have called and try to make exceptions. As a rule, the Secondary Roads Department and the Board of Supervisors hates to get into a lot of exceptions and really almost has a blanket policy of no exceptions except for those situations that you’ve outlined. Once you start getting into a lot of exceptions what's the point of having an embargo.

Gardner: Right.

Stutsman: So, heads up that the embargoes are on for a temporary of time. I know in the past Secondary Roads has really worked hard to work with people to try to alleviate some stressful situations. Yet, it’s a pretty firm embargo.

Gardner: Like you say, it just tends to create more trouble if you try to accommodate somebody than you’ve solved.

Lehman: Another point is here, Secondary Roads isn’t out to try to make life miserable for people. You’re trying to protect their investment.

Gardner: That’s exactly right.

Lehman: There is tax dollars gone to the maintenance of these roads and they want to keep it to a minimum by keeping people off on the stress times here.

Gardner: This is nothing new. We’ve done it for years and most of the locals are aware of it and work around it, schedule their work around it.

Stutsman: I applaud your efforts for trying to notify people to give them a heads up because it does come up fast. I’m thinking, oh my gosh, the embargo already. That’s an indication of how time flies.

Gardner: Exactly.

Stutsman: One thing I wanted to say is that I received a nice compliment for the Secondary Roads Department yesterday. I don’t want to criticize surrounding areas, but this person said they knew immediately when they left Johnson County because of the roads. All counties have a different level of rural services and I think Johnson County does just a tremendous job of keeping roads in outstanding condition.

Gardner: That’s good to hear.

Stutsman: It’s recognized so people are appreciative.

Gardner: That’s good to hear that. I’ll pass that along to Kevin and to the people out there.

Lehman: I also received a note. I believe I can mention the names of Janet and Paul Moore, thanking everyone involved. This was addressed to Secondary Roads. But, I want to thank you for the nice wide bridge at the causeway at Lake MacBride. It’s a joy being open and hope the weather will cooperate as the road-widening project goes smoothly. People do take notice and do appreciate your work and efforts and improvements.

Gardner: Thanks.

Harney: Speaking of the causeway, I just wanted to clarify, or let you clarify, that that was not County equipment that went through the ice up there at the causeway.

Gardner: No that was not.

Harney: I’ve heard that question a couple of times.

Lehman: OK. We’ll put this embargo item on for action next week.

Gardner: Well, we’re going to continue to monitor them and once we see that it’s necessary we’ll put it on the agenda. We just wanted to put you on notice now that it was coming so that there wouldn’t be a 2-week delay when we can put them on.

Lehman: I thought maybe this might be something that you don’t come in road by road, it’s just kind of a blanket or authorization for you.

Gardner: Right.

Lehman: I didn’t know how soon ahead of time you might need it if we had a real change the weather in between Board Meetings.

Gardner: The problem is, if we do it too early, we start the clock on the 90-day thing. So, we don’t like to do it too much in advance.

Lehman: OK.

Gardner: But we are watching now real close and we’ll be right in when we see it start to go.

Lehman: OK. Thank you. I also have an item here, an Iowa Department of Transportation Agreement for Federal Aid Service Transportation Program. That is on Mehaffey Bridge Road. I’d like to explain that project.

Gardner: This is for the re-grading and paving of the Mehaffey Bridge Road between Cottage Reserve and Solon, which we anticipate will start or we’re going to let probably next fall and work will begin the following summer, following spring. What we have is just a standard agreement we have on all of these projects that are funded with the federal STP money that we need to have the Board authorize the Chairperson to sign. Then it will be sent to the DOT for their signature, to put the agreement in place. This particular one is for $850,000 for the federal share of the work to be done and that will be taking place in federal Fiscal Year 2002, which begins next October.

Lehman: That’s an item we want to put on for next week then.

Gardner: Right. We can go ahead and put it on and get the agreement signed.

Lehman: All right. Anyone have any questions for Mike or Al? They did their homework and we don’t have to ask any questions. OK, anything else? Thank you very much.

Lehman: Next we’ll go to Business from the Board of Supervisors. We’ll have Discussion Action Needed for Voluntary Annexation to the City of Tiffin, for Robert Leonard and Kathy Leonard property. We have Rick Dvorak from the Planning and Zoning Department today.

Planning and Zoning Administrator Rick Dvorak: Good morning, again.

Stutsman: Morning.

Dvorak: Yes, we do have a new application for annexation by the City of Tiffin. It’s approximately 120 acres they are proposing. We have not as staff had much time to look at this annexation to make a recommendation. A cursory review is it’s just annexation for annexation. There is no planning, there is nothing intended for the property. It appears to be agricultural uses again. So, it’s similar to the objection, I think, again without looking at it very clearly, it appears we’re going to have the same objection with this annexation that we have to the one this afternoon. It’s in an area that’s outside of their growth area again. They have it designated for agricultural purposes only.

Lehman: What’s the timetable of addressing this again?

Dvorak: I don’t think we’ve really got the formal.

Lehman: Formal notification.

Peters: Yes, you’ll get a notification from the City Development Board. This is a courtesy from the City of Tiffin.

County Attorney J. Patrick White: This one is still pending before the City.

Board of Supervisors Administrative Assistant Carol Peters: Yes.

Dvorak: Yes.

Stutsman: March 14th it says is when it’s going to be heard.

Peters: This is just informing you of that. It has to go there before the City.

Lehman: OK. We have some clarification maybe from a member of the audience?

Tracy Height: Yes. This property runs up by Sondberg and Rolling Hills.

Lehman: Would you like to identify yourself for the Auditor please?

Height: I’m Tracy Height, (inaudible). The property in question is on the north side of Tiffin. The City Council is reviewing, the P and Z is reviewing the fringe area. I believe they will be getting in touch with you to review the fringe area. Sondberg Addition Part II is on the north side. It’s almost diagonal to the property in question. I don’t know the exact reason why anyone wants to annex right now. But, I do know Sondberg is right there, Rolling Hills is right there and that is brand new development.

Lehman: I think our big question was that there wasn’t any immediate change in the use of their ground. That’s one of the questions we usually ask.

Stutsman: I think you bring up a good point. I think it may be time to revise the Fringe Area Agreement.

Height: P and Z are looking at it.

Stutsman: If there are demands and the City wants to address it. But, for what we’ve currently got in place, this is, as Rick said, outside the growth area. I think Fringe Area Agreements are meant to be reviewed on a periodic basis and address the changing needs of the community. It may be time to do that.

Lehman: OK. Anybody have any other questions for Rick? I guess we’ll wait to hear more information on a future date.

Dvorak: Right. We’ll discuss with representatives of Tiffin to find out more information. Again, we just did receive this and don’t have a lot of information.

Lehman: OK. Appreciate notification from Tiffin on that, anything else?

Dvorak: I believe not, this time we are done. Thank you.

Lehman: Thank you. OK.

Lehman: We have Minutes Received. Johnson County Nutrition Board for January 15, 2001. Those minutes were circulated throughout the Boardroom here. Also, Minutes from the Sixth Judicial District Department of Corrections Services Board of Directors for January 19, 2001. OK.

Lehman: We’ll move on to Reports and Inquiries from the Board Members. Anyone like to start or mention for the sake of the public or other Board Members? Terrance?

Neuzil: Yes, sure, I’ll start things out. I went to a few things. Went to the Social Welfare Board and got a good lesson about some of the issues that that Board works on. In particular they are working on some childcare issues right now and that was very informative. I also wanted to let people know again that I will be attending the chamber event with the Iowa City Area Chamber of Commerce and also the City of Cedar Rapids. Going to be going to Washington D.C. I will be representing Johnson County and want to encourage the community and all of the County department heads to give me a call if they have any issues of concern or areas in which we can focus, particularly on the national level. I’ve been in contact with a gentleman by the name of Don Murray, who is with the National Association of Counties. I’m going to be working with him and going to be actually getting together with him to meet some of the NACo, or National Association of County Employees. In particular, Don is working with the justice issues. One of the issues I wanted to bring up with him had to do with alternatives to jailing and what other states and other counties are doing across the country to deal with overcrowding jails, as well as alternatives. One other thing, the Hawkeye Friday Listening Post, I hope people will continue to take advantage of those. I will be at Joensy’s Restaurant on February 16th, if anyone has a question or concern. These will take place every Friday, from 11:30-12:45 or so. So, Joensy’s on February 16th, then the following Friday I will be at the Iowa City Johnson County Senior Center. Thank you, Mike.

Lehman: Thank you.

Lehman: Sally?

Stutsman: I received a proof today for the Johnson County Interaction. This is the external newsletter that the County puts in the Advertiser. I’m just real pleased with what we’ll be putting in this time. One of the articles has to do with the new Conservation Director, Harry Graves, and the programs out at the County Conservation. Anyway, I just wanted to give a heads up. That will be appearing next Wednesday in the Johnson County Advertiser. So, we’ll tell people to be sure to look for that. We’re also highlighting the 2 new Johnson County Supervisors in that. I, as well as all of the Board Members, participated in Strategic Planning last Tuesday. I think it was a real productive session. It was good to have 2 new Board Members and get their input on what direction the Board of Supervisors feels we need to go as far as our work and things. Let’s see, Mike and I met with Lisa Dewey and with Elaine Sweet yesterday to address some of the contract issues with Systems Unlimited. It was a productive meeting. Elaine and Lisa will be working on identifying some of the consumers that are using the SEATS transportation. It seems like, if nothing else, we’re just going to have a better funding mechanism for that so that we certainly track and reimburse for transportation services for those individuals that use the SEATS system. I think it was a good first step and Elaine and Lisa are going to continue to work through that process. I just wanted to mention, too, that we are having the orientation sessions for the MH/DD Department this afternoon and this is for Planning Council Members or anybody from the public that is interested in attending those sessions. There will be a 1:30 and also at 5:00. They will be at 911 N. Governor in the DHS Conference Room.

Lehman: Anything else?

Stutsman: That’s it.

Lehman: Thank you.

Lehman: Carol?

Thompson: Sure. On Monday, there was a scheduled for the Heritage Agency Task Force. But, instead of having our regular monthly meeting we had a very informative presentation from Jerry Hall about Alzheimer’s Disease, which was also open to the public. The whole common room at the Senior Center was full, so you can see that this is a really important topic of interest to the public. That’s all I have.

Lehman: OK.

Lehman: Pat?

Harney: I didn’t have a lot this week either. As Sally mentioned, I attended the Strategic Planning Meeting we had. That was very interesting. I learned a lot and got a lot of information out of that. Long term and short term planning where the County is and where they are going to be going. It is very informative and is good for both Terrance and I, and the rest of the Board. I also attended a meeting with Tom Slockett. There was a group in here presenting issues concerning balloting and where we may go. It’s not that we’re actually planning at this point, but they were giving presentations on the problems that have come up with voting and alternatives to what we may do in the future. Also, I’ve spoken with people in the Sixth Judicial District, referenced the over population at the County Jail and issues on what they may be able to do and help us with. They’ve got some good ideas and I think it’s worth looking at and deciding what we want to do from there. Those will be presented to the Committee at a later date. Also, that would include mental health and public intoxication issues. So, these are things that we are all looking at. It’s going to take some time to accomplish, but they are future goals in that area. I also met with people at the Sheriff’s Department concerning the same situations, so other than that, that’s what I’ve done this week.

Lehman: OK, thank you.

Lehman: I attended the election machine demonstration. I thought it was very interesting, the touch screen voting for the next part of the ballot. Always so much goes on the screen, you can go back and review. They talked about different ways of eliminating the over voting. It automatically kicks out the results and tallies and stuff. Of course, we didn’t hear a price tag and that was one of the things they were going to get together with Tom Slockett and see what his needs were and get a proposal we’ll see back later. I also asked them about leasing and stuff and they said that would be an option, too. So, it was just interesting about the little voting booths that we have now would probably be compatible. Muscatine County was here and their concern was that they would have to have new little partitions. Those are about $150 a pop. Little things like that, they all add up, but it was just an interesting discussion and representatives from the company were very helpful and cooperative in giving us information. Strategic Planning I thought was very interesting, I thought, with 2 new members. They bring an interesting perspective. As the facilitator had said, sometimes you can look long term out to 7 or 8 years and sometimes you only look maybe 2 years because of the changeover in Board Members and stuff. So, I thought we had a very good discussion and there will be some follow up on that as we want to visit that throughout the year and remind ourselves where we are at and how we want to progress through on some of those items mentioned. Also, I have from Sue Feeney, who I believe is a member of the Centenary Committee.

White: She is one of the 2 Co-Chairs of the Committee.

Lehman: OK. Has presented us with a display of the Board of Supervisors from 1865, I believe. As you might be able to see, the razors were not in vogue back then, but she is going to make an enlargement of this. It will be in the Courthouse. This will be in conjunction with the June 10th celebration we’re going to hold at the Courthouse, celebrating the celebration we are going to have there. Maybe Pat would like to enlarge on that a little bit.

White: Things are starting to show up on the walls of the Courthouse now. If people are in the building, I’d encourage them to try to take a moment just to look at some of the things that are beginning to appear. There is a color depiction of that courthouse on the present site, the courthouse that precedes the existing one that is now hanging in Courtroom 1A. One that went up about a week ago is a photograph, apparently from 1901, of the Johnson County Courthouse, probably right at the end of construction, because clearly visible is a couple of piles of construction remnants on the front lawn of the building. It’s a really interesting picture. The Committee is starting to look at the calendar and worry a bit about whether we’re going to have enough time to get done everything that we want to do. I had a phone call, it must have Monday, Monday or Tuesday, from the Iowa Department of Natural Resources, that knew through a grant application I made that turned out to be unsuccessful, a very small application. But, they knew of our interest in trying to replant the parking area between Clinton Street and the sidewalk with trees that would attempt to replicate the appearance of the Courthouse. Prior to Dutch Elm disease, decimating the look. They called to say that they had some funds. They had a fund that Mid American Energy created and gave them discretion to use. So, they are going to give us some of that money to help get the trees planted at the front of the building. The restroom project is well underway, as most judges, reporters, court attendants and people who are using the 3rd floor of the Courthouse can attest. You can imagine in your own home the main bathrooms being just not usable. People are being very patient. It’s going well. It’s interesting to see in this 100 year old building, when they’ve got the floor torn up, I was surprised to see what I thought was a concrete floor is actually a combination of wooden beams and what has the texture of cinders. The sort of cinders or dust that would be produced out of a coal burning furnace. There were actually some small pieces of coal identified in the material that is between the floor beams up there. When they got the ceiling down, none of us remembered, but the molding that runs along the ceiling in the large courtroom, there is some of that at the top of the wall above where the restrooms are now. It’s gone fairly well except for some noise. The crews have been terrific. Except for one major water break, which was a semi-crisis a couple of weeks ago. I’ve actually visited with a couple of museum contractors consultants, trying to explore the idea of creating what I’ve described as a story board at the entrance that would give some historical information about the Courthouse itself and continuing to pursue that. One of the things that I started to work on this week was costing and designing a plaque to put on the front of the building that would better recognize it’s national register status than the paper certificate that’s sort of obscure on the 2nd floor. Lots of little things like that that we are continuing to work on. But, the rededication will be Sunday afternoon, June 10th. Hope for great weather and a huge crowd.

Lehman: Good. Thank you. Anything else from the Board?

Lehman: If not, we’ll go to Reports and Inquiries from the Public. Bob?

Welsh: Two questions that I think might be of interest to the general public. One is when will the detailed information on the budget be available that people can pick up?

Horne: The public is welcome to come in anytime and ask me and I’ll certainly provide the copies as the Auditor… When they’ll be able to come in.

Welsh: Do you know when that will be?

Horne: Well, once we publish what we have, they’ll be able to come in anytime.

Lehman: If they’ll be available on the web?

Horne: I’m not exactly sure about that. I’ll have to consult the Auditor.

Lehman: OK.

Stutsman: I know that in the past we’ve had a packet that has been available. Isn’t the Board going to work on that presentation next week on the 22nd, so hopefully after that we might have some?

Horne: I can actually give them a budget with the line items on it, other departments now (inaudible).

Welsh: Second question I know that people are interested in. You said that once you got through with the budgeting process, you would then look at community dialogue in relation to the jail alternatives. Are you going to schedule that next week to have that as an item on your agenda?

Lehman: But, we have some more information we need to maybe share with the public. I know you’ve had a few meetings, but I don’t know how much has materialized out of it.

Harney: Information is still be gathered that we requested with the computer glitches. They reported this morning that there have been some problems. They are going actually through some files to collect some of the data that is not available on the computer. So, it’s going to be some time yet. They are trying to get it as quickly as they can because we need to get back after that since this budget will be settled.

Lehman: Maybe we could schedule in the next week o3 2 at least some type of update because I know the public is interested in conjunction with the budget of steps we’re trying to take here to help with that problem. Good point.

Welsh: The other comment is, (inaudible) from the Senior Center mentioned about the parking procedures. The Council of Elders, at their meeting the day before yesterday, mentioned 2 things and let me pass them on to you for your consideration. One is the fact that we would hope that the City would preserve some on street handicapped parking spaces because there are some handicapped persons who find ramps very, very difficult. The 2nd is, the parking plan is having 50 spaces reserved until 11:00 and then opened at that time. We expressed the hope that the 50 spaces in the 11:00 a.m. would be subject to adjustment, depending upon actual need at that type and experience. We’d hope that those are items that the Board of Supervisors (inaudible) to the City Council (inaudible).

Lehman: Thank you. Anyone else from the public? OK. I probably should have had Harry Graves introduce his Conservation Board. I think off the top of my head I can think of 4 members. I apologize. Maybe somebody can help me with the 5th, but, Kristine Rohret, Gerry Morgan, Harvey Miller.

Stutsman: Tom Hoff.

Lehman: Tom Hoff and the newest member escapes me right now. Pardon?

Human Resources Director Lora Shramek: Julie. I’m not sure of her last name.

Lehman: OK. But, for the public’s input, the Conservation has a 5-member Board that helps Harry direct the activities that the Conservation Department undertakes. Anything else?

White: I have a procedural suggestion for you, which is that I forego Item 8D, which is Reports and Inquiries and E, which is Other, and recommend that we go into Executive Session to take up 8A, B and C. If you’d make that motion now and take your break, we could just tell the public, Andy could tear down and the media that there is not going to be anything after the Executive Session.

Lehman: OK.

White: You could make the motion to go into Executive Session to discuss with Council the Lane Condemnation Appeal, pending litigation in Alberhasky v. Johnson County, and Collective Bargaining Strategy for the Administrative and Secondary Roads units. Then, if that motion passes, you could take a break and we could just reconvene in Executive Session.

Lehman: Thank you for that suggestion.

EXECUTIVE SESSION: LANG CONDEMNATION APPEAL; ALBERHASKY VS. JOHNSON COUNTY; AND COLLECTIVE BARGAINING STRATEGY FOR ADMINISTRATIVE AND SECONDARY ROADS UNITS

Motion by Thompson, second by Stutsman, to enter into Executive Session at 10:25 a.m. to discuss "Lang Condemnation Appeal" and "Alberhasky vs. Johnson County" under section 21.5(1.c), Code of Iowa, "to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation."; and to discuss collective bargaining strategy for the Administrative Unit and Secondary Roads Unit under section 20.17(3), Code of Iowa: "negotiating sessions, strategy meetings of public employees… shall be exempt from the provisions of chapter 21 (Official Meetings Open to the Public)." Roll call: aye: Neuzil, Stutsman, Lehman, Thompson, Harney.

Recessed at 10:25 a.m.; reconvened at 10:38 a.m.

Motion by Harney, second by Neuzil, to leave Executive Session at 12:30 p.m. Roll call: aye: Neuzil, Stutsman, Lehman, Thompson, Harney.

Adjourned at 12:30 a.m.

Attest: Tom Slockett, Auditor

By Casie Parkins, Recording Secretary