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Department: Board of Supervisors
Date: May 7, 2012 at 9:00 AM
| This meeting will be held in the lower level board room at Linn County West, 2500 Edgewood Road SW, Cedar Rapids, Iowa.
For questions regarding the Board's agenda or meetings, please contact Jan Every at 892-5117 or jan.every@linncounty.org.
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AGENDA
Monday, May 7, 2012
9:00 A.M.
Board Room
Linn County West, Lower Level
2500 Edgewood Road SW, Cedar Rapids, Iowa
PUBLIC COMMENT: 5 Minute Limit
This comment period is for the public to address topics on today’s agenda.
APPROVE MINUTES
Authorize Chair to sign agreement for assignment of public bidder certificate PB 28-10 to Cargill, Incorporated for full value ($958.00).
Phil Lowder, I.T. Director: Update on Manatron conversion project.
Third Consideration for Case R-02-12, request by Andrew & Theresa Baumgartner, owners, to rezone 4.99 acres located at 4782 Rolling Acres Road from RR3 Rural Residential 3 Acre District to AG Agricultural District.
Public hearing on proposed conveyance of Lot A, Peyton’s First Addition to Linn County, Iowa, to Levi Peyton.
Discuss and approve 2012 Slough Bill Exemptions.
Discuss funding for RAGBRAI with Candy Nanke.
Discuss two Amendments to Group Life Insurance Policy and a revised Joinder Agreement for Long-Term Disability Insurance.
Discuss 2012 Wellmark Benefits Renewal for Health Insurance.
Discuss Temporary Use TU-03-12, owners Jay and Kerri Carson, applicant Croell Redi-Mix, to allow portable redi-mix station and temporary office trailer for May 15, 2012 through October 31, 2012, hours of operation 6 AM to 6 PM on property located at 5810 Troy Mills Rd, Troy Mills.
Discuss Food Systems Council applications.
Discuss Memorandum of Agreement between Linn County and the City of Cedar Rapids for the planting, establishment and maintenance of native prairie planting on city owned property.
Discuss a Memorandum of Agreement between Penford Products Company and Linn County regarding the acquisition, improvement and use of properties for parking facilities.
Garth Fagerbakke, Construction Services Manager:
Jean Oxley Public Service Center Construction
1)Discuss and decide on construction change order number seven.
2)Discuss contract to tuck point stone cap on parapet wall roof of 2nd floor.
Linn County Court House Construction
1)Discuss contract to supply and install an A-phone at the two security stations to control the East Door on 1st floor of the building.
Community Services and Juvenile Justice Center Punch List Update
1)Discuss arrangement for handling the different types of punch list items.
2)Update on punch list items for both of these buildings.
Discuss and decide on expanding the scope of legal assistance provided to the Office of Auditor.
Reporting and Investigation of Fraud or Financial Misconduct (FM – 001). Request for Board Action
PUBLIC COMMENT: 5 Minute Limit
This is an opportunity for the public to address the Board on any subject pertaining to Board business.
APPROVE PAYROLL AUTHORIZATIONS
CORRESPONDENCE
LEGISLATIVE UPDATE
APPOINTMENTS
ADJOURNMENT
Associated File:
 5-07.doc, 467k
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LINN COUNTY BOARD OF SUPERVISORS
CEDAR RAPIDS, LINN COUNTY, IOWA
MONDAY, MAY 7, 2012 9:00 A.M.
The Board met in session at Linn County West. Present: Chairperson Oleson, Vice Chairperson Harris, Supervisors Barron, Langston and Rogers. Board members voting “Aye” unless otherwise noted.
Motion by Rogers, seconded by Langston to authorize Chairperson to sign agreement for assignment of public bidder certificate PB 28-10 to Cargill, Incorporated for
full value ($958.00).
Phil Lowder, I.T. Director, presented an update regarding the Manatron real estate conversion project. They will start testing the data base on May 15th and Manatron will be on site May 21st at which time they will go through data as well as their patch release 1,2,3. Lowder stated that the next critical milestone is June 5th (Linn County’s deadline for data conversion #3). It’s crucial that conversion #3 is clean to stay on schedule for the September “go-live” date. If the conversion #3 is not clean, there will be a lot of work to do and the project could be delayed until January. He noted that he hired a contractor to assist with the process.
Supervisor Rogers asked if there was a need to direct other resources away from IT projects to focus exclusively on this project and Lowder responded that they have already shelved several projects. He did note, however, that the computer server will be moving from Linn County West to the Comm. Services Bldg. on May 18th and they could lose a day or two due to the move.
Supervisor Harris asked Lowder if he feels that he has adequate staff with overtime and the contractor and Lowder responded that they are good for now.
Treasurer Gonzalez stated that her office is working with Lowder and Polk Co. She plans to outsource the tax bills in July/Aug. with a mail service company. That will help alleviate work for the IT staff.
The Board asked Lowder to keep them up to date.
Motion by Rogers, seconded by Langston to approve upon third and final consideration Ordinance #5-5-2012, Case R-02-12, request by Andrew & Theresa Baumgartner, owners, to rezone 4.99 acres located at 4782 Rolling Acres Road from RR3 Rural Residential 3 Acre District to AG Agricultural District.
A public hearing was called to order on proposed conveyance of Lot A, Peyton’s First Addition to Linn County, Iowa, to Levi Peyton. Proof of publication was presented. There were no oral or written objections.
Motion by Barron, seconded by Langston to close public hearing.
Julie Kester, County Assessor, presented the 2012 Slough Bill Exemptions.
Motion by Langston, seconded by Rogers to approve the 2012 Slough Bill Exemptions representing total rural acres of 2,278.18 and urban acres of 23.70.
Lisa Powell, HR Dir., presented two Amendments to the Group Life Insurance Policy and a revised Joinder Agreement for Long-Term Disability Insurance. The Board will approve on Wednesday.
Carolyn Wilson, Planning & Development, presented a Temporary Use Permit (TU-03-12), owners Jay and Kerri Carson, applicant Croell Redi-Mix, to allow a portable redi-mix station and temporary office trailer from May 15 – Oct. 31, at 5810 Troy Mills Rd. The Board will approve on Wednesday.
Les Beck, Planning & Development, stated that he has received 11 applications for the Food Systems Counci.
Darrin Gage, Dir. of Policy & Admin., discussed a Memorandum of Agreement between Linn County and the City of Cedar Rapids for the planting, establishment and maintenance of native prairie planting on city owned property. Rob Roman submitted the request.
Gage also discussed a Memorandum of Agreement between Penford Products Company and Linn County regarding the acquisition, improvement and use of properties for parking facilities. This will provide additional parking for the Jean Oxley Linn County Public Service Center.
Marilee Fowler, Cedar Rapids RAGBRAI XL 2012 Exec. Comm. Member, presented information to the Board regarding plans for Thursday, July 26th. She stated that they plan to see 50,000 people come through Cedar Rapids for their overnight stop. Their goal is to raise $150,000 to provide services, supplies and materials at three venues selected in the city. They respectfully requested financial support from Linn County. The Board will approve on Wednesday.
Motion by Langston, seconded by Rogers to authorize Chairperson to sign Change Order #7 with Miron Const. for the Jean Oxley Linn County Public Service Center in the amount of $117,278.11 for a total contract in the amount of $11,554,803.74.
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May 7, 2012
Garth Fagerbakke, Const. Serv. Mgr., discussed a contract to tuck point the stone cap on the parapet wall roof of 2nd floor of the Jean Oxley Linn County Public Service Center. This is a maintenance item outside of the normal construction project.
Fagerbakke also discussed a contract to supply and install an A-phone at the two security stations to control the East Door on 1st floor of the Linn County Courthouse.
Fagerbakke discussed the arrangements to handle the different types of punch list items for the Community Services Building and Juvenile Justice Center. He made the following recommendations:
• Fagerbakke - Items on punch list that need to be corrected as part of the original contract.
• Facilities - Warranty items that were functioning and over the 2 year warranty period.
• Board approval - Items that come up after moving in.
Fagerbakke has communicated his recommendations with Auditor Miller and Miller had concerns about the warranty items. He would like to wait until the commissioning report is signed off (HVAC and lighting issues). Fagerbakke is fine with that; the rest can reside with Facilities.
Supervisor Langston asked about the noise issues at the Community Services Bldg.
Fagerbakke suggested that he go over and look in the ceiling to make sure all sound proofing was actually done (below IT). There is still the confidentiality issue for a portion of MHDD.
Auditor Miller stated that he asked that the following be placed on the agenda:
Discuss and decide on expanding the scope of legal assistance provided to the Office of Auditor.
Miller stated that he asked for this agenda item because of the item that follows it. He stated that on April 30th he received an e-mail memo from Steve Tucker regarding a
“Fraud Investigation”. He has since sent that memo to his attorneys representing his office (Peter Riley and Bob O’Shea).
Chairperson Oleson stated that it is highly unusual that Miller would involve his attorneys at this time and the Board would not discuss and decide on this matter today.
The Board then proceeded with the next agenda item. Reporting and Investigation of Fraud or Financial Misconduct (FM – 001).
Steve Tucker, Financial Advisor, provided a copy of the county’s Fraud Policy to the Board. He stated that this Policy applies to all Linn County employees and business activities of Linn County. He stated that he is the Compliance Officer responsible to investigate potential fraud. Tucker stated that this was brought to his attention a while back by two individuals. They told him that in their mind there was a misrepresentation of time records. Because of that, he was compelled to investigate. Tucker stated that on April 30th, he had reached the point where he needed additional information and sent a memo to Auditor Miller asking for specific information. He sent Mr. Miller an e-mail and put the memo in an interoffice mail envelope. He stated that Miller has an issue with him putting the memo in an envelope that was not confidential or sealed and the information might have been compromised. Tucker then read Auditor Miller’s 3:45 p.m. email which he took as an attack on his ethics. A deadline was given to Auditor Miller to provide the information (May 3rd and May 4th). He stated that what is critical is the county’s laptop computer which is where this information should have been stored. Tucker sent a second e-mail out to Miller (which he read to the board). In between his e-mails, he received information from Miller stating that he wanted assurances related to the process of maintaining confidentiality of the investigation. Tucker stated that he will not allow anyone to put restrictions on the investigation. Since then, Tucker did receive correspondence that Miller will provide everything but the computer. Tucker stated that Miller contacted the vendor and advised them of the investigation. The process was circumvented and the confidentiality was compromised. Tucker stated that he is before the Board today to ask Miller to provide the information so he can continue his investigation. He stated that his obligation is to Linn County, not a vendor or a third party.
The Board agreed that the laptop is a county owned computer and according to policy, departments are to provide the records.
Asst. County Attorney Gary Jarvis stated that Chapter 331 Section 323 (2)b of the Code of Iowa enforces the demands of the Compliance Officer on the Auditor.
Auditor Miller stated that Tucker’s memo was entitled “Fraud Investigation” and the information that Mr. Tucker has named was not related to time records. Miller stated that he has concerns about the memo being compromised. He asked Mr. Tucker for assurances of confidentiality prior to providing the requested information and he
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May 7, 2012
didn’t get it. Miller stated that the suspects (the company and their employee) have asked him to retain everything. They feel this information is confidential. He stated that he is asking for legal advice/legal assistance. The matter is called a “Fraud Investigation” which can be turned over to the County Attorney for criminal prosecution.
Chairperson Oleson stated that he does not care what the company or their employee thinks, it’s not their records or equipment.
Jarvis stated that he does not see where this meets the parameters to provide more outside legal counsel to Auditor Miller and Chairperson Oleson agreed.
Supervisor Langston stated that if Auditor Miller had turned over the information, this meeting never would have occurred. No one would have known about it and now it’s become a public. Langston stated that now making the information unavailable gives the perception of doubt and that seems poor for the Auditor’s Office. She stated that she is perplexed why Miller won’t seek to work with the Compliance Officer to keep it confidential.
Supervisor Rogers stated that a good manager would want to know if their employee is doing something wrong. Tucker is trying to follow the policy and is getting zero cooperation. This is unusual and upsetting.
Auditor Miller stated that the laptop has been stored in an unsecured location in his office for over six weeks. He stated that they knew about this issue 4 weeks ago and it just came to his attention last week. Miller stated that this is politically motivated. He has been asked to not turn this computer over.
Supervisor Barron stated that there was a fraud case years ago that nobody knew about. The DCI was brought in. Tucker is the person in charge of investigating fraud and he is only following the policy that is laid out. She stated to Miller that she hoped he would reconsider and give Tucker the computer he has requested.
Miller stated that he is requesting legal advice, noting that the Board has two attorneys’ at today’s meeting that they are seeking advice. He would like to be afforded the same opportunity.
Gary Jarvis stated that this does not fall within the prevue of statutory requirements for the Board to provide outside legal counsel. He stated that he will prepare a letter pursuant to Chapter 331 directing Miller to report to the Board under oath concerning this matter.
Motion by Langston, seconded by Rogres to direct the County Attorney to draft a letter to Auditor Joel Miller re: Production of Linn County Records, Documents, and Equipment and Provision of Information Requested by Linn County Compliance Office, Mr. Steve Tucker, pursuant to Iowa Code Section 331.323 (2) (b) and Linn County Policy FM-001.
The Board took no action on Auditor Miller’s request for additional legal representation.
The Board received and placed on file the following correspondence:
Invitation from the Heritage Area Agency on Aging re: Annual meeting and recognition event.
Kirkwood Wind Turbine and Renewable Energy Center ribbon-cutting and tour.
Letter from Eastern Iowa Tourism Assoc. re: 29th National Tourism Week
Letter from Cedar Rapids Freedom Festival re: contribution.
Supervisor Harris recognized the students in attendance from Prairie High School.
Adjournment at 10:22 a.m.
Respectfully submitted,
JOEL D. MILLER, Linn County Auditor &
Clerk to the Board of Supervisors
By Rebecca Shoop, Deputy Auditor
Approved by:
BRENT OLESON, Chairperson
Board of Supervisors
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