Chairperson Neuzil called the Johnson County Board of Supervisors to order in the Johnson County Administration Building at 5:30 p.m. Members present were: Pat Harney, Mike Lehman, Terrence Neuzil, Sally Stutsman, and Carol Thompson.

Unless otherwise noted, all actions were taken unanimously.

Motion by Lehman, second by Stutsman, to approve the claims on the Auditor’s Claim Register, as approved by a majority of the Supervisors.

Motion by Thompson, second by Harney, to approve the minutes of the formal meetings of December 23, 2003 and January 2, 2004.

Motion by Stutsman, second by Thompson, to approve the payroll authorizations submitted by department heads, as approved by a majority of the Supervisors.

Motion by Thompson, second by Stutsman, to accept the Recorder’s Report of Fees Collected for the month of November, 2003, in the amount of $155,107.10, as submitted by County Recorder Kimberly Painter.

Motion by Stutsman, second by Lehman, to approve and authorize the Chairperson to sign the Wellmark Administrative and Adoption agreements for flexible spending effective January 1, 2004 to December 31, 2004.

Whereas, Johnson County, Iowa, is authorized and empowered by Chapter 419 of the Code of Iowa (hereinafter "Act") to issue Revenue Bonds and loan the proceeds from the sale of said Bonds to one or more parties to be used to defray all or a portion of the cost of acquiring, constructing, improving, and equipping land, buildings and improvements for a "Project," as that term is defined in the Act, specifically including a Project which is suitable for use as a facility for an organization described in Section 501(c)(3) of the Internal Revenue Code which is exempt from federal income tax under Section 501(a) of the Internal Revenue Code; and

Whereas, on December 11, 2003, Issuer authorized the issuance of such Revenue Bonds (the "Bonds") for GOODWILL INDUSTRIES OF SOUTHEAST IOWA, a nonprofit corporation organized under Chapter 504A of the laws of Iowa, and

Whereas, the Borrower and the Issuer entered into a Loan Agreement dated as of December 1, 2003, ("Loan Agreement"), which Loan Agreement provides for, among other things, the obligation of the Borrower to pay amounts sufficient to pay the principal of, premium, if any, and interest on the Bonds, further provides for securing the obligation of Borrower with a first mortgage lien and first security interest in and to certain property, and further contemplates the existence of no other liens against the property securing the obligation of the Borrower under the Loan Agreement except Permitted Encumbrances as defined in the Loan Agreement; and

Whereas, the Borrower and Original Purchaser have agreed to revisions to the Loan Agreement with respect to the existence of and relative position of other liens against the property securing the obligation of the Borrower; and

Now, Therefore, Be It Resolved by the Board of Supervisors of Johnson County, Iowa, as follows:

Section 1. That it is hereby determined that it is advisable that the County proceed with the amendment to the terms of a Loan Agreement dated as of December 1, 2003, of the prior issuance of its Revenue Bonds (Goodwill Industries of Southeast Iowa Project), Series 2003.

Section 2. That the Board of Supervisors hereby approves the amendment to the terms of the Loan Agreement dated as of December 1, 2003, between Johnson County, Iowa and Goodwill Industries of Southeast Iowa.

Section 3. That the Board of Supervisors hereby approves the Amendment Agreement attached hereto as Exhibit "A" and authorizes the Chairperson or the Chairperson Pro Tem of the Board of Supervisors and the County Auditor or Deputy County Auditor are hereby authorized and directed to execute the Amendment Agreement and any other documents that are required to effectuate this Resolution.

Section 4. All Resolutions and Orders or parts thereof, in conflict herewith are, to the extent of such conflict, hereby repealed and this Resolution shall be in full force and effect immediately upon its adoption.

Section 5. The officials of the County are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of this Resolution.

Motion by Thompson, second by Stutsman, to approve Resolution 01-08-04-01.

Whereas, rules and regulations of the Iowa Department of Transportation require authorization from local County Boards of Supervisors to hold Farm to Market project lettings;

Now therefore be it resolved that the Iowa Department of Transportation may hold lettings on projects financed from the Farm to Market Road Fund.

Motion by Harney, seconded by Stutsman, to approve Resolution 01-08-04-02.

Whereas, Section 306.41, Code of Iowa (2003), provides for the closing of certain highways when necessary for maintenance, construction or natural disaster;

Therefore be it resolved:

1. That all portions of roads in the 2004 Construction Program be closed when necessary during the construction processes;

2. That any roads having maintenance operations performed necessitating closure be closed when necessary;

3. That any portions of road incurring some type of natural disaster be closed when necessary; and

4. The actual dates of closure are to be determined by the County Engineer for each necessary closure.

Motion by Lehman, second by Thompson, to approve Resolution 01-08-04-03.

Whereas, Iowa Code section 455B.200E, passed by the Iowa Legislature in 2002, sets out the procedure if the Johnson County Board of Supervisors wishes to adopt a "construction evaluation resolution" relating to the construction of a confinement feeding operation structure: and

Whereas, only counties that have adopted a construction evaluation resolution can submit to the Department of Natural Resources (DNR) an adopted recommendation to approve or disapprove a construction permit application regarding a proposed confinement feeding operation; and

Whereas, only counties that have adopted a construction evaluation resolution and submitted an adopted recommendation may contest the DNR’s decision regarding a specific application; and

Whereas, by adopting a construction evaluation resolution the Board of Supervisors agrees to evaluate every construction permit application for a proposed confinement feeding operation structure received by the Board of Supervisors between January 31, 2004 and January 31, 2005 and submit an adopted recommendation regarding that application to the DNR: and

Whereas, the Board of Supervisors must conduct an evaluation of every construction permit application using the master matrix as provided in section 455B.200F, but the Board’s recommendation to the DNR may be based on the final score on the master matrix or may be based on reasons other than the final score on the master matrix;

Now, Therefore, Be It Resolved that the Johnson County Board of Supervisors hereby adopts this construction evaluation resolution pursuant to Iowa Code section 455.200E.

Motion by Stutsman, second by Lehman, to approve Resolution 01-08-04-04.

Recessed to informal meeting at 5:41 p.m.; reconvened as a Public Hearing on Zoning and Platting Applications at 6:00 p.m.

Application Z03015 of Patsy Ciha & Dennis Byrnes, Atalissa, IA., requesting rezoning of 0.21 acres from A1-Rural District to RS-Suburban Residential District and rezoning of 0.17 acres from RS-Suburban Residential District to A1-Rural District of certain property described as being in the NE 1/4, of the NE 1/4 of Section 35 and the NW 1/4, of the NW 1/4 of Section 36, Township 81 North, Range 6 West of the 5th P.M. in Johnson County, Iowa. (This property is located on the south side of Jordan Creek Road NE at its intersection with Racine Avenue NE in Big Grove Twp.).

Tom Anthony of Landmark Surveying and Engineering was present to answer questions.

Motion by Stutsman, second by Lehman, to waive the requirement of three considerations before amending an ordinance and to approve Application Z03015 on first and second consideration. Roll call: aye: Harney, Stutsman, Neuzil, Lehman, Thompson.

Application S02063 of Mark Kennedy, Iowa City, IA., signed by Glen Meisner (MMS Consultants Inc.), requesting final plat approval of Kennedy Subdivision, a subdivision described as being located in the North 1/2 of Section 32, Township 79 North, Range 6 West of the 5th P.M., in Johnson County, Iowa. (This is a 7-Lot, 40.16-acre, Residential Subdivision [containing 4-Residential Lots & 3-Outlots], located in the SW quadrant of Dane Road SW and Osage Street SW intersection, approximately 1-mile north of Dane Road SW and Poweshiek Street SW in West Lucas [South] Twp.).

Stutsman asked if there are going to be 3 more houses built on this property. Assistant Planner Dan Swartzendruber said potentially. Swartzendruber said that the house that exits onto Osage Street exits onto the gravel portion.

Whereas, the owner has filed application S02063 for approval of a final plat of Kennedy Subdivision, and

Whereas, the County Zoning Commission having studied said application recommends that the plat be approved.

Now, Therefore, Be It Resolved by the Board of Supervisors of Johnson County, Iowa:

1. That said plat be approved.

2. That the Chairperson be directed to sign said plat and Subdivider's Agreement.

3. This Resolution requires the recording of the following documents:

A. Resolution & Documents: City Council Approval-Iowa City; Owner’s Acknowledgment of Consent; Attorney’s Title Opinion; Certificate of County Treasurer; Subdivider’s Agreement; Fence Agreement; Soil Erosion & Sediment Control Plan; Resolution Affirming the Stability of the Current Road System; Road ROW Acquisition Plat; Easement for Public Highway; B. Plat (6); C. Acquisition Plat (5)

Motion by Harney, second by Thompson, to approve Resolution 01-08-04-Z1.

Application S03045 of Patsy Ciha & Dennis Brynes, Atalissa, IA., requesting preliminary and final plat approval of Ciha-Byrnes Addition, a subdivision described as being located in the NE 1/4, of the NE 1/4 of Section 35 & the NW 1/4, of the NW 1/4 of Section 36, Township 81 North, Range 6 West of the 5th P.M. in Johnson County, Iowa. (This is a 2-Lot, 2.34 acre, Residential Subdivision [1 Residential Lot & 1 Outlot] located on the south side of Jordan Creek Road NE at its intersection with Racine Avenue NE in Big Grove Twp.).

Tom Anthony of Landmark Surveying and Engineering was present to answer questions.

Motion by Stutsman, second by Harney, to defer Application S03045 until January 15, 2004 and continue the public hearing.

Application S03050 of Eldon T. & Nelda A. Miller (owner/subdivider), Kalona, IA., and Neal & Anna Marie Borntrager (owners/subdividers), signed by Eldon T. Miller requesting preliminary and final plat approval of Farmers’ Henhouse Second Subdivision (A Resubdivision of Lots 2 & 3 of Farmers Henhouse Subdivision), a subdivision described as being located in the SE 1/2 of Section 14, Township 78 North, Range 8 West of the 5th P.M. in Johnson County, Iowa. (This is a 2-Lot, 49.58 acre, Industrial/Agricultural Subdivision, located on the north side of 520th Street SW, approximately 1/4 mile west of its intersection with Cosgrove Road SW in Washington Twp.).

Whereas, the owner has filed application S03050 for approval of a final plat of Farmers’ Henhouse Second Subdivision, A Resubdivision of Lots 2 & 3 of Farmers Henhouse Subdivision, and

Whereas, the County Zoning Commission having studied said application recommends that the plat be approved.

Now, Therefore, Be It Resolved by the Board of Supervisors of Johnson County, Iowa:

1. That said plat be approved.

2. That the Chairperson be directed to sign said plat and Subdivider's Agreement.

This Resolution requires the recording of the following documents:

A. Resolution & Documents: Owners Certificate; Title Opinion; Treasurers Certificate; Subdivider’s Agreement; Consent of Mortgagee; Consent of Contract Holders; Resolution Affirming the Stability of the Current Road System; B. Subdivision Plat (5)

Motion by Stutsman, second by Harney, to approve Resolution 01-08-04-Z2.

Public Hearing closed and meeting adjourned at 6:16 p.m.

/s/Terrence Neuzil, Chair, Board of Supervisors

Attest: Tom Slockett, Auditor

By Casie Kadlec, Recording Secretary

These minutes were sent for publication and formal approval on January 15, 2004.