LINN COUNTY BOARD OF SUPERVISORS CEDAR RAPIDS, LINN COUNTY, IOWA WEDNESDAY, APRIL 1, 2015 10:00 A.M. The Board met in session at the Linn County Jean Oxley Public Service Center. Present: Chairperson Langston, Vice Chairperson Rogers, Supervisors Oleson, Harris and Houser. Board members voting AYE unless otherwise noted. The Pledge of Allegiance was led by Chairperson Langston. PUBLIC COMMENT: Dale Hosch, 2325 Jones/Delaware Rd., Hopkinson, stated that he is speaking for Dorothy and Edith Pranskunus regarding Kula Rd. They ask that Kula Rd. be left a Class A road. He stated that at Monday s public hearing they talked about the bridge. Mr. Gannon said that it was good for another 60 years, so that should be ok. The road requires a minimal amount of rock and grading twice a year, therefore the issue of money is not an issue. Everyone can see that the ditches are fine and run water, so the idea of this road costing the county money is very minimal to maintain. The Pranskunus building site has been maintained for years and he has been taking care of that as their tenant. Hosch stated that if this road is changed to a Class B road, it will be the Pranskunus responsibility to pay the cost to bring it back up to Class A standards. That is a huge issue. He stated that he would like to reiterate that this property has been taken care of and hopefully a home will be built on it. There is no hurry on this so why make an issue now. The county can wait for the day that something has to be done. Ken Lloyd, 13 Westview Acres NE, Iowa City, also spoke with regard to Kula Rd. He stated that he is currently living at 5089 Prairieburg Rd. while he is doing his spring farming. He addressed several issues during the public hearing on Monday and since then he would like to touch upon a couple issues brought up at that meeting. One of those issues was the impression that was given at that meeting about the character of the road structurally, that it was not more than a lane back to a farmstead. In reality that is not true. He stated that he got out a tape measure this morning and the top measured at 26 feet wide. That is the same as Boulder View Road which is the first gravel road east of this location. The ditches are also identical to Boulder View Road and there are no issues with drainage or the ditches. One other point that was not brought up at the public hearing, but is important, is the issue of fire protection. They are now blessed with a local fire department in Prairieburg and representatives of that fire service are against allowing roads to not be maintained because of access. Mr. Lloyd stated that he had a field fire at this location and if trucks could not have accessed the field, it would have gotten out of hand. Once again he stated that they are trying to keep the road a Class A road. Marilyn Lloyd stated that she is Ken s mother and is 84 years old. She lives there and she does not want the road changed. She is also worried about fires and stated that this is ridiculous. For the little amount of money that the county spends on this road, it s a joke. Lloyd stated that when she goes to Jones County, she can tell when she leaves Linn County, the roads get better. She stated that she doesn t know what this is about, but the county doesn t spend that much money out there anyway. Motion by Houser, seconded by Rogers to remove the following agenda item from the Consent Agenda and place on the Regular Agenda: Adopt resolution to establish Kula Road as a Class B road beginning 650' east of the centerline of Prairieburg Road to the east end of Kula Road. Motion by Rogers, seconded by Harris to approve Consent Agenda as follows: Resolution 2015-4-46 AN AMENDMENT TO THE LINN COUNTY 2000 RURAL LAND USE MAP BE IT RESOLVED by the Board of Supervisors, Linn County, Iowa, that the following amendment, Case A-01-15, be made to the Rural Land Use Map of the Linn County Comprehensive Plan, dated July 19, 2013: Amend the Rural Land Use Map designation from Critical Natural Resource Area (CNRA) to Rural Residential 2-acre (RRD2) on the Linn County Rural Land Use Plan Map as shown below.
Page 2 Resolution 2015-4-47 WHEREAS, a final plat of Henik Farm First Addition (Case # MBC-01-15) to Linn County, Iowa, containing two (2) lots, numbered lot 1 and lettered lot A, has been filed for approval, a subdivision of real estate located in the SW SE of Section 36, Township 83 North, Range 5 West of the 5th P.M., Linn County, Iowa, described as follows: WHEREAS, said plat is accompanied by a certificate acknowledging that said subdivision is by, and with the free consent of the proprietors, and is accompanied by a certificate dedicating certain property to the public, as shown on the plat; and WHEREAS, said plat and it s attachments thereto have been found to conform to the requirements of the comprehensive plan and the subdivision ordinance; and the requirements of other ordinances and state laws governing such plats; and WHEREAS, the following conditions as listed on the Planning and Development Staff Report of 2/17/2015 as last amended on Tuesday, February 17, 2015 have been addressed: LINN COUNTY ENGINEERING DEPARTMENT Entrance permit required for new entrances and existing unpermitted entrances, Sec.11 and the Unified Development Code, Article 4, Sec. 8B 9(e). Two entrances to this parcel are allowed. Dedication of road rights-of-way, County Standard Specifications, Section 5. 40 of right-of-way on Hoosier Road adjacent to development shall be dedicated to the public for road purposes. Road agreement for conditions applicable to Minor Boundary Change cases. County Standard Specifications, Section 1. IOWA DEPARTMENT OF TRANSPORTATION LINN COUNTY PUBLIC HEALTH DEPARTMENT Due to weather conditions, it is not possible to verify the existence or location of a septic system. This department has no septic record/permit on file for the property. A new septic system must be installed prior to July 1, 2015. Septic agreement must be signed and returned to Linn County Public Health prior to approval of this case. NATURAL RESOURCES CONSERVATION SERVICE Applicant shall develop and implement a conservation plan to be filed with the Linn Soil and Water Conservation District on remaining agricultural land associated with this case. LINN COUNTY CONSERVATION DEPARTMENT
Page 3 LINN COUNTY EMERGENCY MANAGEMENT LINN COUNTY 911 COORDINATOR LINN COUNTY PLANNING AND DEVELOPMENT ZONING DIVISION Various revisions to the site plan as required. The final plat shall contain all information required by law. Prior to approval of the final plat, the owner must sign an Acceptance of Conditions form. The Acceptance of Conditions form states that the owner understands and agrees to comply with the agreed upon conditions as stated in the staff report. Submit a document verifying the remaining land will have a minimum of 35 net acres that will be acceptable with the Linn County Auditor s Office. If there are less than 35 net acres, a deed restriction is required. Approval of utility and drainage easements by the appropriate companies with all easements marked on the final plat bound copies as per Article 4, Section 8B, 9(f), of the Unified Development Code. This plat lies within the 2 mile jurisdiction of the city of Lisbon. As per Chapter 354 of the Code of Iowa, a certified resolution by any municipality that has authority to review the plat to either approve the plat or waive its right to review must be provided. The proposed subdivision name shall be submitted for review and approval by the Linn County Auditor s office prior to approval of the final plat. One original and 3 complete copies of the final plat bound documents that must include the following: Owner s certificate and dedication certificate executed in the form provided by the laws of Iowa, dedicating to Linn County title to all property intended for public use, including public roads Title opinion and a consent to plat signed by the mortgage holder if there is a mortgage or encumbrance on the property as well as a release of all streets, easements, or other areas to be conveyed or dedicated to local government units within which the land is located Surveyor's certificate Auditor s certificate Resolution of the Planning and Zoning Commission Resolution of the Board of Supervisors Resolution of approval or waiver of review by applicable municipalities Treasurer s certificate Agricultural Land Use Notification. The landowner shall ensure that such notification shall be attached to the deed and shall become a separate entry on the abstract of title for all the property that is subject of the permit or development as per Article 5, Section 1, 8 of the Unified Development Code. Restrictive covenants or deed restrictions, as separate instruments, not combined with any other instrument Three (3) copies of the surveyor's drawing A covenant for a secondary road assessment The final plat bound documents must be approved by the Linn County Board of Supervisors on or before February 17, 2016 as per Article 4, Section 8A(7), and shall be recorded within 1 year of that approval, as per Article 4, Section 8B(6) of the UDC. NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors, of Linn County, Iowa, that said plat is hereby approved. The Board of Supervisors and County Engineer are hereby authorized to enter approval upon the final plat resolution. The Board of Supervisors Chairperson is also hereby authorized to sign said plat which executes an acceptance of dedication of property to the public, as shown on said plat. NOW, THEREFORE BE IT FURTHER RESOLVED, by the Board of Supervisors, of Linn County, Iowa, that said plat and plat proceedings shall not be changed or altered in any way, without the approval of the Linn County Board of Supervisors. Said plat and plat proceedings shall be recorded by April 1, 2016 to be valid. Resolution 2015-4-48 WHEREAS, a final plat of Mariah's First Addition (Case # F-02-15) to Linn County, Iowa, containing three (3) lots, numbered lot 1 and lot 2 and lettered lot A, has been filed for approval, a subdivision of real estate located in the NE SE of Section 15, Township 82 North, Range 6 West of the 5th P.M., Linn County, Iowa, described as follows:
Page 4 WHEREAS, said plat is accompanied by a certificate acknowledging that said subdivision is by, and with the free consent of the proprietors, and is accompanied by a certificate dedicating certain property to the public, as shown on the plat; and WHEREAS, said plat and it s attachments thereto have been found to conform to the requirements of the comprehensive plan and the subdivision ordinance; and the requirements of other ordinances and state laws governing such plats; and WHEREAS, the following conditions as listed on the Planning and Development Staff Report of 2/17/2015 as last amended on Tuesday, February 17, 2015 have been addressed: LINN COUNTY ENGINEERING DEPARTMENT Entrance permit required for new entrances and existing unpermitted entrances, Sec.11 and the Unified Development Code, Article 4, Sec. 8B 9(e). One entrance per parcel is allowed. Dedication of road rights-of-way, County Standard Specifications, Section 5. 40 of right-of-way on Palisades Access Road adjacent to development shall be dedicated to the public for road purposes. Road agreement for conditions applicable to Final Plat cases. County Standard Specifications, Section 1. IOWA DEPARTMENT OF TRANSPORTATION Not within the jurisdiction of the Iowa Department of Transportation. LINN COUNTY PUBLIC HEALTH DEPARTMENT NATURAL RESOURCES CONSERVATION SERVICE Show approximate location of natural drainage ways and a note restricting building within the natural drainage way should be shown on the final plat. Contact the NRCS office for widths and building restriction requirements. LINN COUNTY CONSERVATION DEPARTMENT There is a significant forest resource that should protected by restricting the clearing of trees in areas with steep slopes. LINN COUNTY EMERGENCY MANAGEMENT LINN COUNTY 911 COORDINATOR LINN COUNTY PLANNING AND DEVELOPMENT - ZONING DIVISION Various revisions to the site plan and final plat. Show the book and page of a recorded access easement on final plat for proposed Lot 1, or show the access easement on the final plat. Prior to approval of the final plat, the owner must sign an Acceptance of Conditions form. The Acceptance of Conditions form states that the owner understands and agrees to comply with the agreed upon conditions as stated in the staff report. Approval of utility and drainage easements by the appropriate companies with all easements marked on the final plat bound copies. The proposed subdivision name and proposed names of all roads, streets and lanes shall be submitted for review and approval by the Linn County Auditor s office prior to approval of the final plat. The final plat bound documents must be approved by the Linn County Board of Supervisors on or before February 17, 2016 as per Article 4, Section 8A (7), and shall be recorded within 1 year of that approval, as per Article 4, Section 8B(6) of the UDC. One original and 3 complete copies of the final plat bound documents that must include the following: Owner s certificate and dedication certificate executed in the form provided by the laws of Iowa, dedicating to Linn County title to all property intended for public use, including public roads Title opinion and a consent to plat signed by the mortgage holder if there is a mortgage or encumbrance on the property as well as a release of all streets, easements, or other areas to be conveyed or dedicated to local government units within which the land is located Surveyor's certificate Auditor s certificate
Page 5 Resolution of the Planning and Zoning Commission Resolution of the Board of Supervisors Treasurer s certificate Agricultural Land Use Notification. The landowner shall ensure that such notification shall be attached to the deed and shall become a separate entry on the abstract of title for all the property that is subject of the permit or development as per Article 5, Section 1, 8 of the Unified Development Code. Restrictive covenants or deed restrictions, as separate instruments, not combined with any other instrument Three (3) copies of the surveyor's drawing A covenant for a secondary road assessment NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors, of Linn County, Iowa, that said plat is hereby approved. The Board of Supervisors and County Engineer are hereby authorized to enter approval upon the final plat resolution. The Board of Supervisors Chairperson is also hereby authorized to sign said plat which executes an acceptance of dedication of property to the public, as shown on said plat. NOW, THEREFORE BE IT FURTHER RESOLVED, by the Board of Supervisors, of Linn County, Iowa, that said plat and plat proceedings shall not be changed or altered in any way, without the approval of the Linn County Board of Supervisors. Said plat and plat proceedings shall be recorded by April 1, 2016 to be valid. Resolution 2015-4-49 WHEREAS, a final plat of Mariah's Second Addition (Case # MBC-02-15) to Linn County, Iowa, containing three (3) lots, numbered lot 1 and lot 2 and lettered lot A, has been filed for approval, a subdivision of real estate located in the NE SE, SE NE of Section 15, Township 82 North, Range 6 West of the 5th P.M., Linn County, Iowa, described as follows: WHEREAS, said plat is accompanied by a certificate acknowledging that said subdivision is by, and with the free consent of the proprietors, and is accompanied by a certificate dedicating certain property to the public, as shown on the plat; and WHEREAS, said plat and it s attachments thereto have been found to conform to the requirements of the comprehensive plan and the subdivision ordinance; and the requirements of other ordinances and state laws governing such plats; and WHEREAS, the following conditions as listed on the Planning and Development Staff Report of 2/17/2015 as last amended on Tuesday, February 17, 2015 have been addressed: LINN COUNTY ENGINEERING DEPARTMENT Entrance permit required for new entrances and existing unpermitted entrances, Sec.11 and the Unified Development Code, Article 4, Sec. 8B 9(e). One entrance per parcel is allowed. Dedication of road rights-of-way, County Standard Specifications, Section 5. 40 of right-of-way on Palisades Access Road adjacent to development shall be dedicated to the public for road purposes. Road agreement for conditions applicable to Minor Boundary Change cases. County Standard Specifications, Section 1. IOWA DEPARTMENT OF TRANSPORTATION Not within the jurisdiction of the Iowa Department of Transportation. LINN COUNTY PUBLIC HEALTH DEPARTMENT NATURAL RESOURCES CONSERVATION SERVICE LINN COUNTY CONSERVATION DEPARTMENT LINN COUNTY EMERGENCY MANAGEMENT LINN COUNTY 911 COORDINATOR LINN COUNTY PLANNING AND DEVELOPMENT ZONING DIVISION Various revisions to the site plan as required. The final plat shall contain all information required by law. F-02-15 must be recorded prior to MBC-02-15; A-01-15 & R-01-15 must also be completed prior to recording MBC-02-15. Prior to approval of the final plat, the owner must sign an Acceptance of Conditions form. The Acceptance of Conditions form states that the owner understands and agrees to comply with the agreed upon conditions as stated in the staff report.
Page 6 Approval of utility and drainage easements by the appropriate companies with all easements marked on the final plat bound copies as per Article 4, Section 8B, 9(f), of the Unified Development Code. The proposed subdivision name shall be submitted for review and approval by the Linn County Auditor s office prior to approval of the final plat. One original and 3 complete copies of the final plat bound documents that must include the following: Owner s certificate and dedication certificate executed in the form provided by the laws of Iowa, dedicating to Linn County title to all property intended for public use, including public roads Title opinion and a consent to plat signed by the mortgage holder if there is a mortgage or encumbrance on the property as well as a release of all streets, easements, or other areas to be conveyed or dedicated to local government units within which the land is located Surveyor's certificate Auditor s certificate Resolution of the Planning and Zoning Commission Resolution of the Board of Supervisors Treasurer s certificate Agricultural Land Use Notification. The landowner shall ensure that such notification shall be attached to the deed and shall become a separate entry on the abstract of title for all the property that is subject of the permit or development as per Article 5, Section 1, 8 of the Unified Development Code. Restrictive covenants or deed restrictions, as separate instruments, not combined with any other instrument Three (3) copies of the surveyor's drawing A covenant for a secondary road assessment The final plat bound documents must be approved by the Linn County Board of Supervisors on or before February 17, 2016 as per Article 4, Section 8A(7), and shall be recorded within 1 year of that approval, as per Article 4, Section 8B(6) of the UDC. NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors, of Linn County, Iowa, that said plat is hereby approved. The Board of Supervisors and County Engineer are hereby authorized to enter approval upon the final plat resolution. The Board of Supervisors Chairperson is also hereby authorized to sign said plat which executes an acceptance of dedication of property to the public, as shown on said plat. NOW, THEREFORE BE IT FURTHER RESOLVED, by the Board of Supervisors, of Linn County, Iowa, that said plat and plat proceedings shall not be changed or altered in any way, without the approval of the Linn County Board of Supervisors. Said plat and plat proceedings shall be recorded by April 1, 2016 to be valid. Authorize Chair to sign Certification of Cost Allocation Plan for FY 2016. Authorize Chair to sign 36 month lease agreement for $321.10 per month with Cedar Rapids Photo Copy for a copier for LCCS Core. Authorize Chair to sign 36 month lease agreement for $198.46 per month with Cedar Rapids Photo Copy for a copier for Options. Authorize Chair to sign purchase order #5226 to Insight Public Sector for $12,077.40 for OS and SQL software upgrades for the Sheriff s Office. Authorize Chair to sign service agreement with the Iowa Department of Public Health authorizing that agency to reimburse Linn County up to $2,110 for actual expenses incurred in sending Benjamin Brink, Linn County Medical Examiner Investigator, to the St. Louis University School of Medicine s Medicolegal Death Investigation Training Course held April 20-24, 2015, in St. Louis, Missouri. Motion by Houser, seconded Rogers to approve minutes of March 30, 2015 as printed. Chairperson Langston read the following Proclamation: Sexual Assault Awareness Month - April 2015. At this time the Board considered adopting resolution to establish Kula Road as a Class B road beginning 650' east of the centerline of Prairieburg Road to the east end of Kula Road. Motion by Oleson, seconded by Rogers to adopt resolution 2015-4-50 to establish Kula Road as a Class B road beginning 650' east of the centerline of Prairieburg Road to the east end of Kula Road. Discussion: Supervisor Harris stated that he has heard a statement from more than one person that if this road would go back to an A and if the property at the end of Kula Rd is populated sometime in the future, and the county is requested to bring it to an A (back from a B) that the cost is applied to the homeowner. That is true if the Board allows that to happen. The County will not bring it back to an A at the county s expense. Chairperson Langston stated that it would be possible for a cost share.
Page 7 Supervisor Houser stated that would be for a future board to decide. It has been past practice for the homeowner to bear the cost. He continued to say that he went out to visit this area yesterday and there was lots of activity in the fields. There were farming operations going on clear to the end of the road and across from the residence. The building site at the end of Kula Road is being maintained. There is electricity, a security light and two large grain bins that are used. Houser stated that he talked to Jim Greif, Trustee of Prairieburg Fire Dept., and he is opposed to making it a Class B road. The ditches are good; there is running water in them from the field tiles which is adequate. All it needs is a little bit of gravel. The road is not in bad shape but if it is turned into a B, it will be turned into a mud road. Supervisor Harris stated that if they leave it at a Class A road, no matter how it looks today, there is an extensive amount of work that needs to be done to bring it up to a Class A standard. Supervisor Oleson stated that this is a single road and they are talking about a system of roads. The County Engineer and staff have put together and will continue to put together 12 15 roads a year that need to be converted to Class B and there are other roads that need to be improved based on traffic count. He stated that he has a real problem treating farm lanes different than any other business. He does not believe that government should be subsidizing private business. If there were a couple houses on the road, and it was a through road that was accessible to all the people, but it s the cost of doing business. The County will leave it in good shape and if they choose to maintain it each year and somebody does want to locate at the end of it, then it will be at a very minimal cost to bring it up to specifications. Those types of costs are borne by developers and not the taxpayer s responsibility to subsidize private business. He knows this because he has two farmers in his family that have extensive lanes and livestock operations and they pay for a quality of road to get back there (utilities and fire department). He sympathizes with them but the county can t be everything to everybody. Supervisor Houser argued that this is more than a farmstead at the end of the lane. This road is an access to farm fields. He stated that Nagel Grain goes out there and uses that road. There is a major driveway into the field and he witnessed a farmer in there yesterday. Chairperson Langston stated that the intention of the Secondary Road Dept. is to rock the road all the way back before it is a Class B. Supervisor Houser stated that he has been involved in many of these cases over the past years and this is a road that should stay a Class A road. The Board will be dealing with a lot of other roads that are more obvious to be a B. With the objections of the adjacent property owners and the use of it for agricultural purposes, it is his opinion that it should remain a Class A. Motion by Oleson, seconded by Rogers to amend motion to direct the County Engineer to apply the appropriate amount of rock to the road all the way to the end. Vote: Langston, Rogers, Oleson, Harris Aye Houser - Nay Motion by Rogers, seconded by Houser to adopt Proclamation: National Public Safety Telecommunicators Week April 12-18, 2015. Motion by Rogers, seconded by Harris to adopt Proclamation: National County Government Month - April 2015. The Board unveiled the National Accreditation certification recently conferred on Linn County Public Health. Motion by Rogers, seconded by Houser to adopt upon third and final consideration Ordinance Amendment #3-4-2015, approving on third and final consideration rezoning case R-01-15, request by property owner Deron L Myers to rezone approximately 0.37 acres located at 679 Palisades Access Road, Ely NE SE 15-82-6 from CNR (Critical Natural Resource District) to AG (Agricultural District). Garth Fagerbakke, Const. Services Mgr., presented a recommendation to the Board to award contract to Locke Building Services, Inc. for the Linn County Conservation Pinicon Ridge Maintenance Shop project in the amount of $1,110,000 (base bid plus alternate #2). Motion by Rogers, seconded by Houser to approve award of contract for the Linn County Conservation Pinicon Ridge Maintenance Shop project in the amount of $1,110,000 (base bid plus alternate 2) to Locke Building Services, Inc. Fagerbakke presented a recommendation to the Board to award contract to Unzeitig Construction Inc. for the Linn County Courthouse Courtroom Remodel in the amount of $921,000 (base bid plus alternate #1). He presented a budget and it has been suggested that they also do alternate #4 in the future noting that the bid is good for three months. Fagerbakke stated that Unzeitig has also provided a subcontractors list.
Page 8 Motion by Oleson, seconded by Rogers to approve award of contract for the Linn County Courthouse Courtroom Remodel in the amount of $921,000 (base bid plus alternate #1) to Unzeitig Construction Inc. REPORTS -- LIAISON ASSIGNMENTS & COMMITTEE MEETINGS Supervisor Oleson reported that a group (on behalf of Prospect Meadows) made up of members of the Cedar Rapid city council, Board of Supervisors, Marion City council and Jack Roeder will be meeting with the Gazette on the public investment. In a couple weeks this is on this Board s agenda to discuss a bond issuance. Cedar Rapids will have something on their agenda as well. The MPO (Metropolitan Planning Organization) met this morning (a standard meeting). Supervisor Houser attended ECICOG last Wednesday on behalf of Supervisor Harris. He toured the Prairieburg area and Kula Road yesterday. Chairperson Langston attended the Cedar Rapids flood workshops last evening and had conversations with Rob Davis. Davis is interested in figuring out what they do about Mays Island. She encouraged him to have an initial meeting with one board member, the Sheriff, Garth Fagerbakke and Darrin Gage just to begin flood protection conversations. If the flood protection goes as planned, there will be a four foot increase to Mays Island from 2008. She also attended Continuum of Care and Regional Workforce Investment (toured Highway Equipment). This Friday the Board will be meeting with the new DHS Regional Director. Supervisor Rogers will attend MHDD regional meetings tomorrow. Chairperson Langston stated that as a follow up, she has been somewhat vocal in a variety of places about DHS s lack of functionality on their computer system as well as some CSN challenges. Staff has been concerned and it s important that they continue with that conversation where improvements are needed. Supervisor Harris stated that two Thomson Reuters representatives will be coming to Linn County on Monday afternoon to talk about Aumentum support. If more than two supervisors want to attend, can three or more attend so not to be in violation of a public meeting issue? Asst. County Atty. Gary Jarvis responded that it depends on if deliberation occurs. If there is a give and take, there are deliberations. If they are engaged in conversations, the Board does not want to be restricted. Supervisors Langston and Houser agreed that it would be worthwhile to post this meeting at a board meeting because of the seriousness of this issue and all of the problems they have had. Supervisor Harris asked if they really wanted the general public to be there and the Board agreed that only two board members would attend (Harris and Rogers). Supervisor Houser stated that he wanted to comment further regarding the Mays Island flood protection. He stated that with all of the work that the city put into the flood walls, they have never included the county when it comes to Mays Island. They don t even have anything for protection for their own building. Houser stated that he has attended meetings prior to last night and they poo pood the island like it didn t matter. It is the seat of Linn County government with the Courthouse and Correctional Center. There should have been some frank discussions between the city and the county before they unveil what they are calling their final project which is not much different than 2008. According to the news, it is still 20 years out but they need to figure out how to fund it. They will need State and Federal assistance to protect that island. Linn County should be concerned about their part of Mays Island even if the city isn t concerned about theirs. The county and the city should be moving forward in concert. Supervisor Oleson stated that they did that when they did the LOST (passed the $264 million GRI), the island wasn t included in the first nine phases, they had alternate phases. The first thing they need to do is have a study to see how many times does it need to be flooded before it impacts their financial interest. Supervisor Houser stated that an increase of four feet means reaching the ceiling of the first floor of the jail and the rotunda of the Courthouse. That would be devastating. Those river walls will cause more impact on the island. LEGISLATIVE UPDATE Supervisor Rogers stated that it appears that the layoffs for the two state hospitals will begin April 6 th and the House won t take up the Senate bill until after that day. Supervisor Oleson stated that the sales tax bill was introduced and should include language for Prospect Meadows, projecting $2 million sales tax to keep for 10 years.
Page 9 They ve been trying to get that inserted into the sales tax bill. There will be a lot of chaos after this session. Motion by Rogers, seconded by Oleson to approve ACH in the amt. of $1,229,063.76; Claims #70578968-#70579311 in the amt. of $3,338,381.23; reimbursement to Gordon Thompson in the amt. of $30.24 for office supplies and payment to David Gahring, Gahring Machine & Mfg. in the amt. of $2,100.00. Motion by Rogers, seconded by Houser to approve payment to ASAC in the amount of $1,000.00. Discussion: Supervisor Houser asked why this claim was separated out. Supervisor Rogers stated that the Auditor s Office separates out claims because of the board members that sit on those individual boards. Chairperson Langston noted that for the record to help illuminate things, they are required to be on the ASAC board by State government, by State law. As such, she does not believe that there is any related party. The requirement is not some nefarious deal where an organization is seeking to have a board member on their board. ASAC is required by State law to have supervisors on their board and they have supervisors all around NE Iowa where their service area is. The ASAC Board is primarily made up of Supervisors. Supervisor Rogers stated that there is also a segregated claim for ARC. He stated that he sits on the ARC board but he does not oversee staff, negotiate rates, or provide a service. Supervisor Houser asked Gary Jarvis if the Board can direct the Auditor to not separate these claims because it creates quite a menagerie. Jarvis stated that the Board has control over the claims, so yes. Supervisor Harris stated that he has already recused himself. VOTE: All Aye. Motion by Rogers, seconded by Houser to approve payment to Trees Forever in the amount of $6,100.00. Discussion: Chairperson Langston stated that Trees Forever is a fiscal agent for a number of organizations. Vote: All Aye Motion by Rogers, seconded by Houser to approve payment to Foundation II in the amounts of $7,464.00 and $1,000.00. Discussion: Supervisor Harris stated that he is not on the Foundation II board. VOTE: All Aye Motion by Oleson, seconded by Houser to approve payment to ARC of East Central Iowa in the amount of $1,000.00 and SED ARC of East Central Iowa in the amount of $235.49. Discussion: Supervisor Rogers stated that he does not negotiate rates, provide services, oversee staff or receive compensation for boards they sit on. It s ridiculous. Vote: All Aye PUBLIC COMMENT Garth Fagerbakke, Facilities Mgr., stated that he wanted to give the Board a quick update on a power outage the Community Services building. At 6:00 last night a car on 12 th Street broke out a power pole. He received a call from Greg White who witnessed the accident. The generator came on and ran. Their first initial contact with Alliant was that it would take three hours to get up and running. Two more hours came and went and they got the power back on at midnight. The good news is that the generator ran uninterrupted power and did not compromise IT. They identified some policy issues to make things go smoother next time. They had a little over ½ tank of fuel in the generator and that needs to be kept full. The generator did not use as much fuel as they initially thought. They looked at some things like calling their fuel provider who was unavailable and does not do emergency fuel deliveries. He will work with the Purchasing Director to talk to the vendor to make sure that is a part of their bid. Supervisor Oleson stated that he sees the way that claims are being segregated and presented. He has also been included on a chain of emails and he has chosen not to respond because it would constitute a meeting when too many supervisors responded and he has also chosen not to respond to the Auditor on various issues anymore because it just does not get resolved. These are Senator McCarthy tactics. He liked to make accusations that certain people were up to no good. Now they have Supervisors on a certain board or just because they are on this board they are of no use to those private boards other than their position and are somehow engaged in nefarious activities to line the pockets of certain organizations or themselves. This is a troubling accusation. There are all kinds of citations from Black s Law Dictionary which a first year law student knows is not something that they rely on for determination of a legal issue or interpretation. It s a legal dictionary, a secondary material that informs them as they look at case law and statute. The Auditor is incorrect in understanding when the Supervisors need to recuse themselves and who that
Page 10 decision is made by when they actually do make a decision to recuse themselves based on a conflict of interest whether direct or indirect. Again a failure to understand what a board is and how it s viewed by the courts as an actual person. So while they don t have any control or even as ex-officio of certain boards such as he is with Prospect Meadows or today s Tees Forever being the fiscal agent for another organization, they have no control over the money that they receive on behalf of other organizations even if they are receiving money from the Witwer trust. Oleson stated that he can go down this and explain it, but it s sad because in his email he says when challenged, which he has not prevailed on any legal issue or legal interpretation on his taxpayers supported West Law account ($4,000/yr.) he admits that he has not won any of them but has won in the court of public opinion. That bothers Oleson because they spend a lot of taxpayer money and a lot of resources, valued employees of Linn County who had to divert from their normal professional activities to take on these wild goose chases. They read in the paper that banks, school districts, cities and counties that have wayward employees and he is all for having systems in place to try to prevent that and make sure taxpayers are not getting ripped off. This is to the point of absurdity and if it continues, he will bring up a discussion item to take yet another part of the Auditor s duties away that are not essential and that would be Payroll. The Board received and placed on file a letter from Dickinson County Board of Supervisors requesting information related to the Master Matrix system. This will be placed on Monday s agenda for discussion. Adjournment at 10:56 a.m. Respectfully submitted, JOEL D. MILLER, Linn County Auditor By: Rebecca Shoop, Deputy Auditor Approved by: LINDA LANGSTON, Chairperson Board of Supervisors